Page:1930 QLD Royal Commission into Racing Report.djvu/82

 17. Up to the first day of July One thousand nine hundred and twenty-three all outgoings in respect of the said racecourse shall he defrayed by the vendors and from and after that date all outgoings including fire insurance premiums and Federal and State land taxes shall be defrayed by the. purchasers as hereinbefore provided and all rents profits and outgoings shall be apportioned accordingly.

18. While any money payable under this agreement remains unpaid the vendors hereby expressly reserve to themselves their executors administrators and transferees the right of entry on any of the properties hereby contracted to be sold or any part thereof at all reasonable and convenient times in the day time for the purpose of inspecting the condition of the buildings out-buildings fences racing rails erections furniture machinery plant material and the racing and training tracks lawns and gardens thereon which right the purchasers hereby admit and in case the same or any of them shall be found in a condition in the opinion of the vendors inconsistent with the due performance of clause 8 hereof the vendors may by a written notice signed by one or both of them or their solicitors or agent and delivered at or posted to the purchasers at the office of the Kedron Amateur Racing Club at Brisbane aforesaid require the purchasers to put maintain repair uphold and keep the whole of the said hereditaments and premises including buildings out-buildings fences racing rails erections furniture machinery plant material and racing and training tracks lawns and gardens in such particulars and wants of repair maintenance upholding and keeping in repair as shall be specified in such notice and as shall be necessary in the opinion of the vendors to put such premises into a condition consistent with the due performance of clause 8 hereof within one month after delivering or posting of such notice and the failure or partial failure of the purchasers to comply completely and effectively with the requirements of such notice within the time hereby limited shall be a breach of this agreement.

19. The purchasers hereby agree that while any money payable under this agreement remains unpaid they will not without the written consent of the vendors previously had and obtained reduce the nomination and acceptance fees for horses to be raced on the said racecourse or the fees charged to bookmakers operating thereon or the prices of admission charged to the public from those fees and prices now charged by the vendors.

20. The purchasers shall be deemed to hereby admit the identity of the said freehold lands and no objection or requisition shall be made or taken on the ground of any deficiency in measurement or area of the said lands.

21. If the purchasers shall fail to carry out observe and comply with or if the purchasers shall commit a breach of any of the provisions of this agreement or shall fail to pay duly and punctually all deposit moneys instalments of purchase money and any other moneys due or to become due and payable under this agreement or under any indemnity herein contained or if the said Kedron Amateur Racing Club shall be wound up dissolved or become from any cause non-existent or if the purchasers shall be unable or unwilling or fail or neglect to carry on and conduct on the said racecourse the full number of race meetings for which authority can from time to time be obtained or without the previous consent in writing of the vendors or either of them conduct any race meeting having a programme of not less than six events unless prevented by inclemency of weather or other unavoidable circumstances or hold or attempt to hold any such meeting elsewhere than on the proper racecourse on which such meeting is authorised by the proper authority to be held or if the purchasers become unable to fulfil in every respect on their part the agreement and conditions hereby entered into and agreed to be performed and observed the vendors on the happening of any such event may by previous notice in writing signed by one or both of them or their solicitors or agent and delivered at or posted to the purchasers at the office in Brisbane aforesaid of the said Kedron Amateur Racing Club absolutely rescind this contract and cancel the sale hereby made and all moneys paid by the purchasers hereunder shall be absolutely forfeited and belong to the vendors and the property hereby contracted to be sold shall after the service of such notice revest in and become the absolute property of the vendors without any liability to them to return any money or to pay any compensation whatsoever to the purchasers and it is expressly agreed that this condition is to be a continuing condition and remain in full force and effect notwithstanding the vendors' failure to observe or act upon any former breach of this agreement or any indulgence or extension of time they may have granted to the purchasers on the occasion of any former or earlier breach or breaches of this agreement and failure to pay any money due hereunder or under any indemnity herein contained.