Common use of Damage to Development Clause in Contracts

Damage to Development. If any part of the Development is damaged by fire, typhoon, earthquake, subsidence or other causes (which part shall be referred to as the “Damaged Part”) so that it is substantially unfit for habitation, occupation or use, the Owners (the “Affected Owners” in this Clause 13) of not less than 75% of Shares relating to the Damaged Part (excluding any Common Parts Shares) (the “Relevant Shares”) may convene a meeting of the Owners of the Damaged Part. At such meeting the Affected Owners may resolve: (a) that it is not practicable to reinstate the Damaged Part in which case the Affected Owners shall forthwith assign the Relevant Shares and the attached Right to Occupy to the Manager or such other person as may be resolved by the Affected Owners upon trust to dispose of them as soon as reasonably practicable by public auction or private treaty and to distribute the net proceeds of sale to the Affected Owners in proportion to the number of Relevant Shares previously held by each Affected Owner. All insurance money received in respect of the Damaged Part shall likewise be distributed amongst the Affected Owners; or (b) to rebuild or reinstate the Damaged Part in which case the Affected Owners shall pay any costs of reinstating the Damaged Part which are not recovered from the insurance thereof in proportion to the number of Relevant Shares held by each Affected Owner. Until such payment the same will be a charge upon the Relevant Shares of each Affected Owner and shall be recoverable as a civil debt by the Manager pursuant to Clause 10.13.

Damage to Development. If the whole or any part of the Development is damaged by fire, typhoon, earthquake, subsidence or other causes (which whole or part of the Development that is damaged shall be referred to as the “Damaged Part”) so that rendering it is substantially unfit for habitation, occupation or use, the Owners (the “Affected Owners” in this Clause 13) of not less than 75% of Shares relating to the Damaged Part (excluding any Common Parts Shares) (the “Relevant Shares”) may convene a meeting of the Owners of the Damaged Part. At such meeting the Affected Owners may resolve: (a) that it is not practicable to rebuild or reinstate the Damaged Part in which case the Affected Owners shall forthwith assign the Relevant Shares and the attached Right to Occupy to the Manager or such other person as may be resolved by the Affected Owners upon trust to dispose of them as soon as reasonably practicable by public auction or private treaty and to distribute the net proceeds of sale to the Affected Owners in proportion to the number of Relevant Shares previously held by each Affected Owner. All insurance money received in respect of the Damaged Part shall likewise be distributed amongst the Affected Owners; or (b) to rebuild or reinstate the Damaged Part in which case the Affected Owners shall pay any costs of reinstating the Damaged Part which are not recovered from the insurance thereof in proportion to the number of Relevant Shares held by each Affected Owner. Until such payment the same will be a charge upon the Relevant Shares of each Affected Owner and shall be recoverable as a civil debt by the Manager pursuant to Clause 10.13.

Damage to Development. If the whole or any part of the Development is has been damaged by fire, typhoon, earthquake, subsidence or other causes (which whole or part of the Development that has been damaged shall be referred to as the “Damaged Part”) so that rendering it is substantially unfit for habitation, occupation or use, the Owners (the “Affected Owners” in this Clause 13) of not less than 75% of Undivided Shares relating to the Damaged Part (excluding any Common Parts Shares) (the “Relevant Shares”) may convene a meeting of the Affected Owners of the Damaged Part. At such meeting the Affected Owners may resolve: (a) that it is not practicable to rebuild or reinstate the Damaged Part in which case the Affected Owners shall forthwith assign the Relevant Shares and the attached Right to Occupy to the Manager or such other person as may be resolved by the Affected Owners upon trust to dispose of them as soon as reasonably practicable by public auction or private treaty and to distribute the net proceeds of sale to the Affected Owners in proportion to the number of Relevant Shares previously held by each Affected Owner. All insurance money received in respect of the Damaged Part shall likewise be distributed amongst the Affected Owners; or (b) to rebuild or reinstate the Damaged Part in which case the Affected Owners shall pay any costs of reinstating the Damaged Part which are not recovered from the insurance thereof in proportion to the number of Relevant Shares held by each Affected Owner. Until such payment the same will be a charge upon the Relevant Shares of each Affected Owner and shall be recoverable as a civil debt by the Manager pursuant to Clause 10.1310.11.

Damage to Development. If the whole or any part of the Development is damaged by fire, typhoon, earthquake, subsidence or other causes (which part shall be referred to as the “Damaged Part”) so that it is substantially unfit for habitation, occupation or use, the Owners (the “Affected Owners” in this Clause 13) of (notwithstanding anything in this Deed) not less than 75% of Shares relating to the Damaged Part (excluding any Common Parts Shares) (the “Relevant Shares”) may convene a meeting of the Owners of the Damaged Part. At such meeting the Affected Owners may resolve: (a) that it is not practicable to reinstate the Damaged Part in which case the Affected Owners shall forthwith assign the Relevant Shares and the attached Right to Occupy to the Manager or such other person as may be resolved by the Affected Owners upon trust to dispose of them as soon as reasonably practicable by public auction or private treaty and to distribute the net proceeds of sale to the Affected Owners in proportion to the number of Relevant Shares previously held by each Affected Owner. All insurance money received in respect of the Damaged Part shall likewise be distributed amongst the Affected Owners; or (b) to rebuild or reinstate the Damaged Part in which case the Affected Owners shall pay any costs of reinstating the Damaged Part which are not recovered from the insurance thereof in proportion to the number of Relevant Shares held by each Affected Owner. Until such payment the same will be a charge upon the Relevant Shares of each Affected Owner and shall be recoverable as a civil debt by the Manager pursuant to Clause 10.13.

Damage to Development. If the whole or any part of the Development is damaged by fire, typhoon, earthquake, subsidence or other causes (which whole or part of the Development that is damaged shall be referred to as the “Damaged Part”) so that rendering it is substantially unfit for habitation, occupation or use, the Owners (the “Affected Owners” in this Clause 13) of not less than 75% of Shares relating to the Damaged Part (excluding any Common Parts Shares) (the “Relevant Shares”) may convene a meeting of the Affected Owners of the Damaged Part. At such meeting the Affected Owners may resolve: (a) that it is not practicable to rebuild or reinstate the Damaged Part in which case the Affected Owners shall forthwith assign the Relevant Shares and the attached Right to Occupy to the Manager or such other person as may be resolved by the Affected Owners upon trust to dispose of them as soon as reasonably practicable by public auction or private treaty and to distribute the net proceeds of sale to the Affected Owners in proportion to the number of Relevant Shares previously held by each Affected Owner. All insurance money received in respect of the Damaged Part shall likewise be distributed amongst the Affected Owners; or (b) to rebuild or reinstate the Damaged Part in which case the Affected Owners shall pay any costs of reinstating the Damaged Part which are not recovered from the insurance thereof in proportion to the number of Relevant Shares held by each Affected Owner. Until such payment the same will be a charge upon the Relevant Shares of each Affected Owner and shall be recoverable as a civil debt by the Manager pursuant to Clause 10.1310.12.

Damage to Development. If the whole or any part of the Development is damaged by fire, typhoon, earthquake, subsidence or other causes (which whole or part of the Development that is damaged shall be referred to as the “Damaged Part”) so that rendering it is substantially unfit for habitation, occupation or use, the Owners (the “Affected Owners” in this Clause 13) of not less than 75% of Shares relating to the Damaged Part (excluding any Common Parts Shares) (the “Relevant Shares”) may convene a meeting of the Affected Owners of the Damaged Part. At such meeting the Affected Owners may resolve: (a) that it is not practicable to rebuild or reinstate the Damaged Part in which case the Affected Owners shall forthwith assign the Relevant Shares and the attached Right to Occupy to the Manager or such other person as may be resolved by the Affected Owners upon trust to dispose of them as soon as reasonably practicable by public auction or private treaty and to distribute the net proceeds of sale to the Affected Owners in proportion to the number of Relevant Shares previously held by each Affected Owner. All insurance money received in respect of the Damaged Part shall likewise be distributed amongst the Affected Owners; or (b) to rebuild or reinstate the Damaged Part in which case the Affected Owners shall pay any costs of reinstating the Damaged Part which are not recovered from the insurance thereof in proportion to the number of Relevant Shares held by each Affected Owner. Until such payment the same will be a charge upon the Relevant Shares of each Affected Owner and shall be recoverable as a civil debt by the Manager pursuant to Clause 10.13.

Damage to Development. If the whole or any part of the Development is damaged by fire, typhoon, earthquake, subsidence or other causes (which whole or part of the Development that is damaged shall be referred to as the “Damaged Part”) so that rendering it is substantially unfit for habitation, occupation or use, the Owners (the “Affected Owners” in this Clause 13) of not less than 75% of Shares relating to the Damaged Part (excluding any Common Parts Shares) (the “Relevant SharesShares ”) may convene a meeting of the Affected Owners of the Damaged Part. At such meeting the Affected Owners may resolve: (a) that it is not practicable to rebuild or reinstate the Damaged Part in which case the Affected Owners shall forthwith assign the Relevant Shares and the attached Right to Occupy to the Manager or such other person as may be resolved by the Affected Owners upon trust to dispose of them as soon as reasonably practicable by public auction or private treaty and to distribute the net proceeds of sale to the Affected Owners in proportion to the number of Relevant Shares previously held by each Affected Owner. All insurance money received in respect of the Damaged Part shall likewise be distributed amongst the Affected Owners; or (b) to rebuild or reinstate the Damaged Part in which case the Affected Owners shall pay any costs of reinstating the Damaged Part which are not recovered from the insurance thereof in proportion to the number of Relevant Shares held by each Affected Owner. Until such payment the same will be a charge upon the Relevant Shares of each Affected Owner and shall be recoverable as a civil debt by the Manager pursuant to Clause 10.13.

Damage to Development. If any part of the Development is damaged by fire, typhoon, earthquake, subsidence or other causes (which part shall be referred to as the “Damaged Part”) so that it is substantially unfit for habitation, occupation or use, the Owners (the “Affected Owners” in this Clause 13) of not less than 75% of Shares relating allocated to the Damaged Part (excluding any Common Parts Shares) (the “Relevant Shares”) may convene a meeting of the Owners of the Damaged Part. At such meeting the Affected Owners may resolve: (a) that it is not practicable to reinstate the Damaged Part in which case the Affected Owners shall forthwith assign the Relevant Shares and the attached Right to Occupy to the Manager or such other person as may be resolved by the Affected Owners upon trust to dispose of them as soon as reasonably practicable by public auction or private treaty and to distribute the net proceeds of sale to the Affected Owners in proportion to the number of Relevant Shares previously held by each Affected Owner. All insurance money received in respect of the Damaged Part shall likewise be distributed amongst the Affected Owners; or (b) to rebuild or reinstate the Damaged Part in which case the Affected Owners shall pay any costs of reinstating the Damaged Part which are not recovered from the insurance thereof in proportion to the number of Relevant Shares held by each Affected Owner. Until such payment the same will be a charge upon the Relevant Shares of each Affected Owner and shall be recoverable as a civil debt by the Manager pursuant to Clause 10.13.

Damage to Development. If any part In the event of the Development is or any part thereof being so damaged by fire, typhoon, earthquake, subsidence or other causes (which part shall be referred cause so as to as render the “Damaged Part”) so that it is same substantially unfit for habitation, occupation use or usehabitation or occupation, the Owners (of the “Affected Owners” in this Clause 13) of Development holding not less than 75% of the Undivided Shares relating allocated to that damaged part(s) of the Development (excluding the Undivided Shares allocated to the Damaged Part (excluding any Common Parts Shares) (the “Relevant Shares”Parts) may convene a meeting of the Owners in whom the exclusive use, occupation and enjoyment of such part of the Damaged Part. At Development is vested and such meeting may resolve by a resolution of not less than 75% majority of the Affected Owners may resolve: (a) present in person or by proxy and such resolution is to be binding upon all the owners of the damaged part(s), and voting that by reason of insufficiency of insurance money or changes in building law and/or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such part of the Damaged Part Development then in which case such event the Affected Undivided Shares in the Lot representing such part of the Development shall be acquired by the Manager and the Owners (excluding the Owner of the Common Parts) of such Undivided Shares shall forthwith in such event be obliged to assign the Relevant Shares same and the attached Right to Occupy all rights and appurtenances thereto to the Manager or such other person as may be resolved by the Affected Owners upon trust to forthwith dispose of them as soon as reasonably practicable the same by public auction or private treaty and to distribute the net proceeds of sale to amongst the Affected Owners (excluding the Owner of the Common Parts) of such Undivided Shares in proportion to the respective number of Relevant Undivided Shares previously held by each Affected Ownersuch former Owners. All insurance money received in respect of any policy of insurance on such part of the Damaged Part Development shall likewise be distributed amongst such former Owners. In such event all the Affected Owners; or (b) rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of such part of the Development PROVIDED ALWAYS THAT if it is resolved to reinstate or rebuild or reinstate such part of the Damaged Part in which case Development the Affected Owners of such part of the Development shall pay any costs the excess of reinstating the Damaged Part which are not recovered cost of reinstatement or rebuilding of the relevant part of the Development damaged as aforesaid over and above the money recoverable from the insurance thereof of such part of the Development in proportion to the respective number of Relevant Undivided Shares held by each Affected Owner. Until them and that until such payment the same will be become a charge upon their respective Undivided Shares allocated to the Relevant Shares relevant part of each Affected Owner the Development and shall be recoverable as a civil debt by the Manager pursuant to Clause 10.13debt.

Damage to Development. If the whole or any part of the Development is damaged by fire, typhoon, earthquake, subsidence or other causes (which part shall be referred to as the “Damaged Part”) so that it is substantially unfit for habitation, occupation or use, the Owners (the “Affected Owners” in this Clause 13) of not less than 75% of Shares relating to the Damaged Part (excluding any Common Parts Shares) (the “Relevant Shares”) may convene a meeting of the Owners of the Damaged Part. At such meeting the Affected Owners may resolve: (a) that it is not practicable to reinstate the Damaged Part in which case the Affected Owners shall forthwith assign the Relevant Shares and the attached Right to Occupy to the Manager or such other person as may be resolved by the Affected Owners upon trust to dispose of them as soon as reasonably practicable by public auction or private treaty and to distribute the net proceeds of sale to the Affected Owners in proportion to the number of Relevant Shares previously held by each Affected Owner. All insurance money received in respect of the Damaged Part shall likewise be distributed amongst the Affected Owners; or (b) to rebuild or reinstate the Damaged Part in which case the Affected Owners shall pay any costs of reinstating the Damaged Part which are not recovered from the insurance thereof in proportion to the number of Relevant Shares held by each Affected Owner. Until such payment the same will be a charge upon the Relevant Shares of each Affected Owner and shall be recoverable as a civil debt by the Manager pursuant to Clause 10.13.