Page:1930 QLD Royal Commission into Racing Report.djvu/76

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APPENDIX C (ii.)—continued.

Chairman.

Club are desirous of entering into a fresh Agreement varying the terms of the said Purchase Agreement of the Seventeenth day of April One thousand nine hundred and twenty-three for the sale and purchase of the said Albion Park and Sandgate Racecourses And whereas the said varying Agreement has been prepared and is attached hereto and marked "A" for identification And whereas the Members of the said Club and the said Trustees have refused to execute the said Agreement so marked "A" for identification except upon the terms of the prior execution by the vendors of this Agreement Now this Agreement Witnesseth that in consideration of the premises—

1. The vendors, agree and it is hereby expressly declared that the said Agreement of the Seventeenth day of April One thousand nine hundred and twenty-three for the sale and purchase of the said Albion Park and Sandgate Racecourses and the proposed Agreement marked "A" for identification and any future agreement varying either of such Agreements and each and all of such Agreements shall in no case extend or be deemed or construed to extend to charge or render liable the said James Park Macfarlane and George Rees or either of them as such Trustees or Trustee or all or any of the Members of the said The Brisbane Amateur Turf Club to any claim or demand whatsoever in respect of the payment of any monies whether purchase monies or interest or otherwise made payable under the said agreements or any of them or in respect of the non-observance or non-performance of the agreements and stipulations in the said Purchase Agreement of Seventeenth day of April One thousand nine hundred and twenty-three or the said proposed varying agreement marked "A" for identification or any future varying agreement beyond the amount of their or his interest as such Trustees or Trustee, Member or Members in the assets of the said The Brisbane Amateur Turf Club but that the assets and effects of the said The Brisbane Amateur Turf Club shall alone be chargeable and liable to answer all claims and demands under and by virtue of the said Purchase Agreement of Seventeenth day of April One thousand nine hundred and twenty-three and/or the said proposed varying agreement marked "A" for identification and/or any further agreement varying the terms of either of the said agreements.

2. The said Terence Mortimer Ahern for and on behalf of himself and all other members of the said The Brisbane Amateur Turf Club agrees that the Committee of the said Club will direct the said Trustees immediately upon the execution of these presents to execute the said varying Agreement marked "A" for identification and the said Trustees agree that they will immediately upon such direction duly execute the said varying Agreement marked "A" for identification.

3. The said Terence Mortimer Ahern for and on behalf of himself and all members of the said The Brisbane Amateur Turf Club agrees that The Brisbane Amateur Turf Club will pay the costs of the vendors of and incidental to the preparation and execution of these presents.

In Witness Whereof the parties hereto have hereunto set their hands on 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.
W. G. Hiscock, J.P.
Signed by the said John Wren in the presence of	$\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,}$	JOHN WREN.
M. Clarke, Typiste Swanston St. Melbourne.
Signed by the said James Park Macfarlane in the presence of	$\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,}$	JAS. P. MACFARLANE.
Daniel J. O'Mara, Solicitor, Brisbane.
Signed by the said George Rees in the presence of	$\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,}$	GEORGE REES.
Daniel J. O'Mara, Solicitor, Brisbane.
Signed by the said Terence Mortimer Ahern in the presence of	$\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,}$	T.M AHERN
J. P. Finney, Articled Clerk, Brisbane.