Page:1930 QLD Royal Commission into Racing Report.djvu/74

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APPENDIX C (i)—continued.

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 racecourses 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 Brisbane Amateur Turf 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 racecourses and each of them 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 respective racecourses 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 agreements 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 solicitor or agent and delivered at or posted to the purchasers at the office in Brisbane aforesaid of the said Brisbane Amateur Turf 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.

22. Time shall in all respects be the essence of the contract.

23. This agreement and all moneys payable hereunder are expressly excluded from the provisions of any War Precautions (Moratorium) Regulations which may be in force or which may come into operation at any time while any moneys shall remain owing under this agreement.

24. The purchasers shall pay to the vendors all costs and expenses incurred or to be incurred by the vendors in connection with the negotiations for and the preparation completion and stamping of this agreement.

In witness whereof the parties hereto have hereunto set their hands the day and year first hereinbefore written.

Signed by the said Benjamin Nathan in the presence of	$\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,}$	B. NATHAN
Herbert W. Austin.
Signed by the said John Wren in the presence of	$\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,}$	JOHN WREN.
T. J. O'Shea,Solicitor, Brisbane.
Signed by the said James Park Macfarlane in the presence of	$\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,}$	JACK P MACFARLANE.
Geo. Storer, Solicitor, Brisbane.
Signed by the said George Rees in the presence of	$\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,}$	GEO REES.
Geo. Storer.