Five Farms | Stage 22 Contract of Sale

Page 46

42 (1)

the Vendor may elect not to effect Settlement until 10 Business Days after the date on which the Vendor's Lawyers receive the Transfer; and

(2)

the Purchaser is taken to have defaulted in payment of the Balance of the Price and must, at Settlement, pay Default Interest under this Contract to the Vendor from the Due Date for Settlement until the Settlement Date.

Failed Settlement Notwithstanding anything else contained in this Contract, the Purchaser must pay the Vendor's Lawyers (and the Vendor's mortgagee, where applicable) all costs occasioned by the failure to settle at the appointed time where such failure is caused by the Purchaser, or the Purchaser's Legal Practitioner or mortgagee, and where a settlement has to be rescheduled and takes place at a different time than that appointed. The Purchaser must pay these costs even though the Purchaser may not be deemed to be in default under this Contract. CONFIDENTIALITY No disclosure The parties must ensure that this Contract and all the information exchanged between the parties in connection with this Contract whether before or after the Day of Sale is kept confidential to them and is not disclosed to any person except: (1)

to the party's legal practitioners, consultants or other persons if it is necessary to enable the parties to perform their obligations under the Contract; and

(2)

to the extent required in connection with legal proceedings relating to the Contract; and

(3)

to the extent that the information is available for inspection on a public register other than as a result of a breach of confidence by either party;

(4)

to the minimum extent required by Law or regulation of the Australian Stock Exchange Ltd or generally accepted accounting principles and practices; and

(5)

as provided for in this Contract; or

(6)

with the prior written consent of the other party.

Third parties A party disclosing information under Special Condition 16.1 must use the party's reasonable endeavours to ensure that the person receiving the confidential information does not disclose the information except in the circumstances permitted under Special Condition 16.1. PURCHASER'S WARRANTIES Warranties


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