RESIDENTS CLUB AND OWNERS CORPORATION MATTERS

(2) Subject to section 9AC of the Sale of Land Act 1962 (Vic), the Vendor may make such alterations to the Plan as it requires including, without limitation, amendments that are:

(a) required to accord with good surveying practice and all Laws, including the Subdivision of Land Act (Vic) 1988, the Owners Corporation Act 2006 (Vic) and the Owners Corporation Regulations 2018 (Vic);

(b) required in order to deliver any utility services to the Common Property;

(c) required to meet any requirement, recommendation or requisition of the Relevant Authority to enable the Plan to be certified by the Relevant Authority or registered by Land Use Victoria; or

(d) considered by the Vendor to be necessary or desirable for the purposes of the development of the Development Land which may include (but not limited to):

(1) creating additional lots including reducing or altering the Common Property to create such lots;

(2) altering or varying the position of any lot, storage lot, or the location of the Common Property;

(3) increasing or decreasing the number of lots;

(4) changing the size, nature or location of any Common Property;

(5) creating additional stages of the development of the Development Land and the Plan within the meaning of section 37 of the Subdivision of Land Act (Vic) 1988; and

(6) changing the boundaries, design, size and location of the Residents Club and other Common Property.

(3) If the Vendor makes any amendment contemplated by Special Condition 27.5(2), then, subject to section 9AC of the Sale of Land Act 1962 (Vic), the Purchaser must not make any Claim against the Vendor on the grounds that the Plan as registered by the Registrar does not accord with the Plan.

Final Plan

(1) Section 10(1) of the Sale of Land Act 1962 (Vic) does not apply in respect of the final location of any easement shown on the Plan and subject to the provisions of that Act the Vendor may vary the final location of any easement shown on the Plan.

(2) Without limiting the generality of any other provision of this Contract, the Purchaser must accept as identical with the Land described in the Particulars of Sale:

(a) the lot bearing the same number on the Plan when registered as the number set out in the Particulars of Sale; or

(b) if the lot is at any time before registration renumbered, the lot on the Plan as registered which occupies the same or approximately the same position on the Plan as the lot described in the Particulars of Sale;

and the Purchaser must not make any Claim in respect of any of the matters referred to in this Special Condition 27.5.

Works affecting surface levels

(1) The Purchaser acknowledges that:

(a) as at the Day of Sale, any works affecting the natural surface level of the Property or any land abutting the Property (“Surface Works”), and which have been carried out or which are proposed to be carried out by the Vendor are set out in the Finished Surface Levels Plan.

(b) if for any reason, the Vendor decides or is required to alter any part of the Surface Works, the Vendor will be entitled to provide the Purchaser with a new plan showing the altered Surface Works (“New Finished Surface Levels Plan”).

(2) The Purchaser must not make any Claim by reason of anything in the New Finished Surface Levels Plan.

PERSONAL INFORMATION

Use of Personal Information

The Purchaser consents to the collection, use and disclosure of the Personal Information of the Purchaser by the Vendor and its related entities (all referred to as "Vendor" in this Special Condition):

(1) for entering into, administering and completing this Contract and any development by the Vendor;

(2) for planning and product development by the Vendor;

(3) to comply with the Vendor's obligations or to enforce its rights under this Contract;

(4) to owners of adjoining land to enable them to deal with the Purchaser concerning any development or other work which they wish to undertake on their land (including disclosure of Personal Information to contractors to assist adjoining land owners to comply with their obligations and to enforce their rights in relation to fencing);

(5) to surveyors, engineers and other parties who are engaged by the Vendor (or with whom the Vendor is negotiating) to carry out works which may affect the Property;

(6) to service providers engaged by the Vendor, such as legal advisers, financial advisers, market research organisations, mail houses and delivery companies;

(7) for the purpose of marketing to the Purchaser in the future;

(8) to any third party who has a right or entitlement to share in the monies paid or payable to the Vendor under this Contract; and

(9) in other circumstances where the Vendor is legally entitled, obliged or required to do so, including any disclosure which is permitted or authorised under the Privacy Act.

Purchaser’s identity requirements

(1) The Purchaser acknowledges that it is required to complete the Identification Requirements of the Particulars of Sale and provide the identification referred to in the Particulars of Sale when the Purchaser signs this Contract.

(2) If the Purchaser has not complied with the requirements of Special Condition 28.2(1), then it must do so within 7 days of the Day of Sale. The Vendor need not make any request of the Purchaser for this information.

(3) The Purchaser will be in breach of this Contract if the Purchaser fails to comply with Special Condition 28.2(2).

PURCHASER AS TRUSTEE

If the Purchaser is buying the Property as trustee under a trust ("Purchaser's Trust") then the Purchaser:

must not do anything to prejudice any right of indemnity the Purchaser may have under the Purchaser's Trust;

warrants that the Purchaser has power under the Purchaser's Trust to enter into this Contract;

is personally liable under the Contract;

warrants that the Purchaser has a right of indemnity under the Purchaser's Trust; and

must not allow the variation of the Purchaser's Trust or the advance or distribution of capital of the Purchaser's Trust or resettlement of any property belonging to the Purchaser's Trust; and

must deliver the Guarantee to the Vendor in accordance with Special Condition 4.

SECTION 173 AGREEMENTS

General

The Purchaser acknowledges and agrees that:

(1) the Council may require the Vendor to enter into one or more Section 173 Agreements that affect the Property. In relation to each Section 173 Agreement, the Purchaser:

(a) irrevocably authorises the Vendor to negotiate the terms of that Section 173 Agreement; and

(b) must not make any Claim by reason of any matter arising out of or in connection with any Section 173 Agreement, or require the recording of the Section 173 Agreement to be cancelled from the folio of the Register for the Property; and

(c) if any Section 173 Agreement has not been recorded on the folio of the Register which relates to the Property or to the parent title to the Property, must promptly do all things necessary to enable the Section 173 Agreement to be so recorded when requested in writing to do so by the Vendor or the Vendor's Lawyers, including executing any consents, orders or further agreement;

Existing and new Section 173 Agreements

(1) The Vendor has entered into Section 173 Agreements with Council, copies of which are attached to the Vendor Statement and which are recorded in dealing numbers AT303352S, AT303427M and AU334928E, and the Purchaser purchases the Property with full knowledge of the contents of the agreements and must not make any Claim in respect of the agreements.

(2) The Purchaser acknowledges that Council may require the Vendor to enter into further Section 173 Agreements;

(a) which may be registered on the title to the Land, the Common Property or any lots on the Plan; and/or

(b) with regard to the Community Infrastructure Levy. The Purchaser acknowledges that the Vendor will pay the Community Infrastructure Levy in respect of the Property; and/or

(c) which may relate to any of the matters set out in this Contract.

No defect in title and no Claim

(1) Any Section 173 Agreement which has been entered into in accordance with this Special Condition 30 will not constitute a defect in the title to the Property.

(2) The Purchaser must not make any Claim against the Vendor buy reason of any matter arising out of or in connection with any part of this Special Condition 30.

GAIC

Parent title and GAIC

The Purchaser acknowledges that the parent title to the Land is encumbered by a notice under the GAIC Law.

Vendor to pay any GAIC

The Vendor confirms that the Vendor:

(1) is liable to pay any GAIC applicable to the Land;

(2) has, as permitted under the GAIC Law, deferred payment of part or all of the Vendor's liability to pay the GAIC;

(3) will pay the GAIC as and when the liability to pay falls due; and

(4) will ensure that any notice under the GAIC Law affecting the Land is or can be removed from the Land before or at Settlement.

RESIDENTS CLUB AND OWNERS CORPORATION MATTERS

Design and location

Notwithstanding anything to the contrary contained in this Contract, the Purchaser acknowledges that:

(1) the Vendor intends to build the Residents Club on the Proposed Residents Club Site;

(2) the location, layout and design, and the timing of the construction and completion of the Residents Club have not been finalised as the necessary approvals have not been procured from the Relevant Authority;

(3) the Vendor has not finalised what Facilities will be offered or contained within the Residents Club when built;

(4) if for any reason that is outside the Vendor’s control:

(a) the Residents Club cannot be developed on the Proposed Residents Club Site, the Vendor retains the right to develop or sell all or any part of the Proposed Residents Club Site for any purpose whatsoever, or locate the Residents Club elsewhere within the Development Land; or

Facilities (b) any of the Facilities cannot be offered, the Vendor may offer a different facility in its place, or not offer that facility at all.

The Purchaser acknowledges and agrees that:

(1) the Owners Corporation Rules are in draft form only, and may contain rules which refer to particular facilities ("Named Facilities") which may be provided by the Vendor and/or included in the Residents Club;

(2) the Vendor makes no representations or warranties that the Named Facilities, if any, named or referred to in the Owners Corporation Rules will be built; and

(3) if the Named Facilities will not be built, the Vendor is entitled to amend the Owners Corporation Rules at any time before