51 (1)
the Vendor will, at its own cost, install Type 1 (Corten (5% transparency) and Concrete Panels 2 metres high (0% transparency) to the eastern boundary of Lot 2201 and 2222 or as determined by the Vendor from time to time (Fence);
(2)
the Purchaser must not make any Claim or delay Settlement if the Fence is not installed before the Due Date for Settlement;
(3)
the Vendor may at any time before the Fence is erected, change any aspect of the Fence without having to give the Purchaser any reason for such change; and
(4)
the Vendor may access the Property at all reasonable times, whether before or after Settlement has occurred, in order to measure, plan, design and construct the Fence.
No Claim by Purchaser The Purchaser must not make any Claim by reason of any matter arising out of or in connection with any part of this Special Condition 25. FILLED LAND Fill in Land The Purchaser acknowledges that: (1)
fill has been or may be placed on the Land;
(2)
the fill on or to be placed on the Land (and which is known to the Vendor) is as shown on the Finished Surface Levels Plan. However, the Vendor makes no representation as to the precise nature and extent of the fill; and
(3)
the Vendor makes no representation as to the nature and extent of any fill which may have existed on the Land before the Land was filled by the Vendor.
No Claim by Purchaser The Purchaser must not make any Claim because the Land has been filled or because the precise nature and extent of the filling is not substantially in accordance with that disclosed in the Finished Surface Levels Plan, or by reason of any matter arising out of or in connection with any part of this Special Condition, except as expressly provided for in clause 26.3. H2 Site Classification On or before the Settlement Date, the Vendor will provide the Purchaser an AS2870 (2011) site classification report from Ground Science Pty Ltd or an alternative suitably qualified geotechnical consultant, stating that a dwelling can be constructed on the Property in accordance with Class H2 requirements (Site Report). If the Vendor does not provide the Purchaser with the Site Report on or before the Settlement Date, Settlement will be delayed until the Vendor provides the Site Report and the Purchaser will not otherwise have a Claim against the Vendor. UNREGISTERED PLAN
