Common use of Exclusions and Indemnities Clause in Contracts

Exclusions and Indemnities. 45. Manager not liable to Owners DRAFT (a) any defect in or failure or breakdown of any of the Common Areas and Facilities, or (b) any failure, malfunction or suspension of the supply of water, electricity or other utility or service to the Development, or (c) fire or flooding or the overflow or leakage of water from anywhere whether within or outside the Development, or (d) the activity of termites, cockroaches, rats, mice or other pests or vermin, or (e) theft, burglary or robbery within the Development; UNLESS it can be shown that such damage, loss or injury was caused by an act or omission of the Manager, its employees, servants, agents or contractors involving criminal liability or dishonesty or negligence and PROVIDED THAT the management contribution or any other charges payable under this Deed or any part thereof shall not be abated or cease to be payable on account thereof.

Appears in 1 contract

Sources: Deed of Mutual Covenant and Management Agreement

Exclusions and Indemnities. 4544. Manager not liable to Owners DRAFTOwner (a) any defect in or failure or breakdown of any of the Common Areas and Facilities, or (b) any failure, malfunction or suspension of the supply of water, electricity or other utility or service to the Development, or (c) fire or flooding or the overflow or leakage of water from anywhere whether within or outside the Development, or (d) the activity of termites, cockroaches, rats, mice or other pests or vermin, or (e) theft, burglary or robbery within the Development; UNLESS it can be shown that such damage, loss or injury was caused by an act or omission of the Manager, its employees, servants, agents or contractors involving criminal liability or dishonesty or negligence and PROVIDED THAT the management contribution or any other charges payable under this Deed or any relevant Sub-Deed(s) or any part thereof shall not be abated or cease to be payable on account thereof. 45. Owners to be responsible for act or negligence of occupiers 46. Owners to be responsible for cost of making good loss and damage

Appears in 1 contract

Sources: Deed of Mutual Covenant and Management Agreement

Exclusions and Indemnities. 4547. Manager not liable to Owners DRAFTOwners (a) any defect in or failure or breakdown of any of the Common Areas and Facilities, or (b) any failure, malfunction or suspension of the supply of water, electricity or other utility or service to the Development, or (c) fire or flooding or the overflow or leakage of water from anywhere whether within or outside the Development, or (d) the activity of termites, cockroaches, rats, mice or other pests or vermin, or (e) theft, burglary or robbery within the Development; UNLESS it can be shown that such damage, loss or injury was caused by an act or omission of the Manager, its employees, servants, servants or agents or contractors involving criminal liability or dishonesty or negligence and PROVIDED THAT the management contribution or any other charges payable under this Deed or any part thereof shall not be abated or cease to be payable on account thereof. 48. Owners to be responsible for act or negligence of occupiers 49. Owners to be responsible for cost of making good loss and damage

Appears in 1 contract

Sources: Deed of Mutual Covenant and Management Agreement