o_1937gqa641qgut5018ek1c7n11ija.pdf

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4 “Development Approvals” means all approvals, authorisations, permits, certifications, leases, licences, and consents of and from any Government Agency, which are necessary or desirable to enable the Project to be carried out in accordance with the Concept Plan; "Encumber" means to mortgage, pledge, charge, assign by way of security or otherwise encumber; and "encumber", "encumbered" and "encumbering" shall have corresponding meanings; "Expenditure" means all costs and expenses (other than capital costs and expenses) direct or indirect, including, but not by way of limitation, administrative and overhead expenses relating to the Joint Venture incurred by the Developer; "Financial Year" means a period of twelve (12) consecutive calendar months ending on 30 June or on such other day as the Committee may decide; "Force Majeure" means any act, event or cause (other than lack of funds) which is beyond the reasonable control of the Party concerned, including: (a) (b) (c) act of God, peril of the sea, accident of navigation, war, sabotage, riot, insurrection, civil commotion, national emergency (whether in fact of law), marital law, fire, lightning, flood, cyclone, earthquake, and slide, storm or other adverse weather conditions, explosion, power shortage, strike or other labour difficulty whether or not involving employees of the party concerned), epidemic, quarantine, radiation or radioactive contamination; action or inaction of any government or governmental or other competent authority (including any court of competent jurisdiction), including expropriation, restraint, prohibition, intervention, requisition, requirement, direction or embargo by legislation, regulation, decree or other legally enforceable order; and breakdown of plant, machinery or equipment or shortage of labour, transportation, fuel, power or plant, machinery, equipment or material; "Governmental Agency" means any government or governmental, semi-government, administrative, fiscal or judicial body, department, commission, authority, tribunal, agency or entity; “Option” means the option to purchase to be granted by the Developer to the Lot Holder upon receipt of Development Approval of the Plan of Subdivsion by the responsible Governmental Agency, which option will require the Developer to sell the Property to the Lot Holder at the Price; "Option Contract" means the form of contract of sale of real estate in respect of the Property annexed hereto and marked “Annexure C”;
5 “Plan of Subdivision” means the unregistered Plan of Subdivision in respect of the Land proposed to be registered by the Developer in a form substantially in accordance with the Concept Plans; “Price” means the sum specified as the price in the Schedule; "Project" means the development of the Property by the Developer for commercial gain largely in accordance with the Concept Plan; "Project Agreements" means this Agreement and all other agreements or instruments entered into by the Developer in connection with the Project, all as amended from time to time; "Project Expenses" means the Expenditure and all capital and operating costs, charges, expenses, fees, taxes (other than income or capital gains taxes) and other payments and expenditures of and incidental to the conduct of the Project, including, without limitation, the following: (a) (b) (c) (d) (e) the legal costs and out of pocket expenses of the Developer in respect of the completion and carrying into effect of the acquisition of the Property and this Agreement and any other documents necessarily incidental to this Agreement; the total of the acquisition costs properly incurred by the Developer in respect of its purchase of the Land including but without limiting the generality thereof the purchase price, stamp duty, legal fees and expenses, all costs, fees and interest charges incurred in respect of any finance facilities, loans, mortgages or other forms of financial accommodation issued in respect of the Property; all costs of and incidental to the preparation and execution of this Agreement and the annexures to this Agreement including stamp duty (if any); all costs and fees payable to surveyors, engineers, consultants and any other costs and fees properly payable to the local council, or any other appropriate authority in relation to the Project and also all costs and expenses of and incidental to the obtaining of all necessary consents to the Project; (f) all construction costs and costs of any other services or improvements in respect of the Property incurred after the date hereof; (g) the construction costs (or any contribution to such costs) of roadworks and parking areas as required by the relevant municipality or council as a condition of its development approval; (h) (i) the cost of cleaning, maintaining and landscaping (where appropriate) gardens and outdoor areas contemplated by the Project; all rates taxes (including land tax at the rate actually payable) and
Page 2 and 3: 2 SCHEDULE DEVELOPER'S SOLICITOR LO
Page 6 and 7: 6 other outgoings payable in respec
Page 8: 8 2. RESERVATION 2.1 The Developer
Page 12 and 13: 12 8. TRANSFERS 8.1 Except as other
Page 14 and 15: 14 (b) shall not be varied in any w
Page 16 and 17: 16 (b) (c) (d) if posted, on the se
Page 18 and 19: 18 EXECUTED AS AN AGREEMENT EXECUTE
Page 20 and 21: 20 ANNEXURE A NOMINATION FORM conce
Page 22 and 23: CONCEPT PLAN C CO PYR IGH T. TH E I
Page 28 and 29: CONTRACT OF SALE OF REAL ESTATE Par
Page 30 and 31: SETTLEMENT At the expiration of: -
Page 32 and 33: (c) domestic building work was carr
Page 34 and 35: 9.3 The purchaser is entitled to in
Page 36 and 37: 13.6 If the particulars of sale spe
Page 38 and 39: (e) (f) (g) (h) (i) insurance costs
Page 40 and 41: Special Conditions Instructions: It
Page 42 and 43: Special Conditions Continued Specia
Page 44 and 45: Reservation Fee means the fee state
Page 46 and 47: (b) (c) 8.2 Plan of Subdivision: If
Page 48 and 49: 9.2 Adjustment of outgoings (a) (b)
Page 50 and 51: 12.2 If the Vend or elects to conne
Page 52 and 53: 19.3 The Vendor gives notice to the
Page 54 and 55:
(f) (g) (h) (i) (j) (k) 27 FENCES 2
Page 56 and 57:
30 NO MERGER Obligations under this
Page 58 and 59:
BENDIGO VINEYARD ESTATE PTY LTD
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