Powers and Duties of Manager. The Manager shall have the following powers and duties: (a) The Manager shall manage, direct and control Operations, including preparing any Programs and Budgets pertaining to the Properties as it deems advisable from time to time. (b) The Manager may make any expenditures funded by Kazco and contemplated by a Budget or necessary to carry out Programs as it deems advisable from time to time. (c) The Manager may amend Budgets and Programs as it deems advisable from time to time. (d) The Manager may conduct such title examinations of the Properties and cure such title defects pertaining to the Properties as may be advisable in its reasonable judgment. (e) The Manager may: (i) make or arrange for all payments required by leases, licenses, permits, contracts and other agreements related to the Assets; (ii) pay all taxes, assessments and like charges on Operations and Assets except taxes determined or measured by a Participant’s sales revenue or net income and taxes, including production taxes, attributable to a Participant’s share of Products, and shall otherwise promptly pay and discharge expenses incurred in Operations; and (iii) do all other acts reasonably necessary to maintain the Assets. (f) The Manager may: (i) apply for all necessary permits, licenses and approvals; (ii) take actions as may be appropriate to comply with all Laws; and (iii) prepare and file all reports or notices required for or as a result of Operations. (g) The Manager may prosecute, defend and initiate as it considers appropriate, all litigation or administrative proceedings arising out of Operations. (h) The Manager may obtain and maintain insurance for itself and the other Participants. (i) The Manager may dispose of Assets, whether by abandonment, surrender, or Transfer in the ordinary course of business. (j) The Manager shall have the right to carry out its responsibilities hereunder through agents, Affiliates or independent contractors. (k) The Manager shall keep and maintain all required accounting and financial records in accordance with customary cost accounting practices in the mining industry. (l) The Manager may undertake all other activities reasonably necessary to fulfill the foregoing.
Appears in 2 contracts
Sources: Joint Venture Agreement (Arras Minerals Corp.), Joint Venture Agreement (Silver Bull Resources, Inc.)
Powers and Duties of Manager. 5.1 The management of the Land and the Development shall be undertaken by the Manager for an initial period of not exceeding two (2) years and shall continue until terminated as provided under Clause 4.1 above and each Owner hereby irrevocably APPOINTS the Manager as agent for all Owners in respect of any matter concerning the Common Areas and Facilities duly authorised in accordance with the provisions of this Deed and to enforce and carry into effect all provisions of this Deed subject to the Building Management Ordinance. In addition to the other powers expressly provided in this Deed, the Manager shall have authority to do all such acts and things as may be necessary or expedient for or in connection with the following powers Land and duties:the Development and the management thereof including in particular but without in any way limiting the generality of the foregoing:-
(a) The Manager shall manageTo demand, direct collect and control Operations, including preparing receive all amounts payable by Owners under the provisions of this Deed and any Programs and Budgets pertaining to the Properties as it deems advisable from time to time.relevant Sub-Deed;
(b) The Unless otherwise directed by the Owners’ Corporation, to take out and updating:-
(i) insurance of the Common Areas and Facilities and the Units up to the full new reinstatement value in respect of loss or damage by fire and other risks;
(ii) insurance covering the Manager may make against public liability, occupiers’ liability and employees’ liability; and
(iii) any expenditures funded other insurance policy considered necessary by Kazco the Manager with some reputable insurance company or companies in the name of the Manager for and contemplated by on behalf of the Owners according to their respective interests and in such sum or sums as the Manager shall deem fit and to pay all premia required to keep such insurance policies in force and, without limiting the generality of the foregoing, if the Manager considers so desirable, to procure master insurance for the Development as a Budget or necessary whole including those areas which are not the Common Areas and Facilities and to carry out Programs as it deems advisable from time pay all premia required to time.keep such insurance policies in force;
(c) The Manager may amend Budgets To arrange for refuse collection and Programs disposal from the Common Areas and Facilities and from areas designated as it deems advisable from time to time.refuse collection points in the Development;
(d) The Manager may conduct such title examinations To keep in good order and repair the lighting of the Properties Common Areas and cure such title defects pertaining Facilities (including but not limited to the Properties artificial lighting and back-up emergency system required for those staircases designated as may means of escape under the Building Plans, which system shall be advisable in its reasonable judgment.regularly maintained by the Manager);
(e) The Manager may: (i) make or arrange for all payments required by leases, licenses, permits, contracts To keep the Common Areas and other agreements related to the Assets; (ii) pay all taxes, assessments Facilities in a clean and like charges on Operations sanitary state and Assets except taxes determined or measured by a Participant’s sales revenue or net income and taxes, including production taxes, attributable to a Participant’s share of Products, and shall otherwise promptly pay and discharge expenses incurred in Operations; and (iii) do all other acts reasonably necessary to maintain the Assets.condition;
(f) The Manager may: To repair, maintain, clean, paint or otherwise treat or decorate as appropriate, those external walls, elevations and facade (other than such part or parts the exclusive right to use of which is vested in an Owner), including windows and window frames, situated in the Common Areas and Facilities;
(g) To choose from time to time the colour and type of facade of the Development (other than such part or parts the exclusive right to use of which is vested in an Owner);
(h) To keep all the sewers, drains, watercourses and pipes forming part of the Common Areas and Facilities free and clear from obstructions;
(i) apply To inspect and keep all the Common Areas and Facilities in good condition and working order and to extend or improve existing facilities or provide additional facilities as the Manager shall at its reasonable discretion deem necessary or desirable and to keep the fire fighting equipment in accordance with any laws and regulations applicable thereto and whenever it shall be necessary or convenient so to do at the Manager’s discretion to enter into contracts with third parties for all necessary permitsthe maintenance of any such facilities;
(j) To prevent so far as is possible any refuse or other matter being deposited, licenses washed, eroded or falling from the Development onto any part of any public roads or any road-culverts, sewers, drains, nullahs or other Government property and approvals; to remove any such matter therefrom and to ensure that no damage is done to any drains, waterways, watercourses, footpaths, sewers, nullahs, pipes, cables, wires, utility services or other works being in, under, over or adjacent to the Land or any part thereof by reason of any maintenance or other works carried out by the Manager as herein provided and to make good any such damage;
(iik) take actions To paint, white-wash, tile or otherwise treat as may be appropriate the exterior of the Development (other than such part or parts the exclusive right to comply use of which is vested in an Owner) and the Common Areas and Facilities at such intervals as the same may reasonably require to be done;
(l) To replace any glass in the Common Areas and Facilities that may be broken;
(m) To keep the Common Areas and Facilities well lighted and in a tidy condition;
(n) To keep in good order and repair the ventilation of the enclosed part or parts of the Common Areas and Facilities;
(o) To prevent refuse from being deposited on the Development or any part thereof not designated for refuse collection and to remove all refuse from all parts of the Development and arrange for its disposal at such regular intervals and to maintain either on or off the Development refuse collection facilities to the satisfaction of the Food and Environmental Hygiene Department;
(p) To prevent unauthorised obstruction of the Common Areas and Facilities and to remove and impound any structure article or thing causing the obstruction;
(q) To make suitable arrangements for the supply of fresh and flushing water, gas and electricity and any other utility or service to or for the Development or any part thereof;
(r) To provide and maintain as the Manager deems reasonably necessary security force, watchmen, porters, caretakers, closed circuit T.V. system and burglar alarms and other security measures in the Development at all times;
(s) To maintain and operate or contract for the maintenance and operation of the communal radio or television aerials, or cable television system (if any) which serve the Development;
(t) To remove any structure or installation, signboard, advertisement, sunshade, bracket, fitting, obstruction, device, aerial or any thing in or on the Development or any part thereof which is illegal, unauthorised or which contravenes the terms herein contained or any of the provisions of the Government Grant and to demand and recover from the Owner by whom such structure or other thing as aforesaid was erected or installed the reasonable costs and expenses of such removal and the making good of any damages caused thereby to the satisfaction of the Manager;
(u) To appoint a solicitor or other appropriate legal counsel to advise upon any point which arises in the management of the Development necessitating professional legal advice and with authority to accept service on behalf of all Laws; the Owners for the time being of the Land and the Development of all legal proceedings relating to the Land and the Development (iiiexcept proceedings relating to the rights or obligations of individual Owners) prepare and file to commence, conduct, carry on and defend in its own name legal and other proceedings touching or concerning the Land and the Development or the management thereof, and, in particular but without limiting the foregoing, in all reports proceedings in which the Government shall be a party and at all times within seven (7) days of being requested so to do by the Government or notices required other competent Authority or officer, to appoint a solicitor who shall undertake to accept service on behalf of all such Owners whether for the purpose of Order 10 Rule 1 of the Rules of the High Court (or any provision amending or in substitution for the same) or otherwise;
(v) To prevent (by legal action if necessary) any person including an Owner from occupying or using any part of the Land and the Development in any manner in contravention of the Government Grant or this Deed;
(w) To prevent (by legal action if necessary) and to remedy any breach by any Owner or other person occupying or visiting the Development of any provisions of the Government Grant or this Deed;
(x) To prevent any person detrimentally altering or injuring any part or parts of the Development or any of the Common Areas and Facilities thereof;
(y) To prevent any person from overloading the floors of the Development or any part or parts thereof;
(z) To prevent any person from overloading any of the electrical installations and circuits or any of the mains or wiring in the Development;
(aa) To have the sole right to represent all the Owners in all matters and dealings with the Government or any statutory body or any utility or other competent authority or any other person whomsoever in any way touching or concerning the Land and the Development as a result whole or the Common Areas and Facilities, the Fire Safety Management Plan (including but not limited to all fire services installations required to be installed pursuant to the Fire Safety Management Plan) and the fire safety system of Operations.the Development with power to bind all Owners as to any policy adopted or decision reached or action taken in relation to any such dealings;
(gbb) The Manager may prosecuteTo enter into contracts and to engage, defend appoint, employ, remunerate and initiate as it considers appropriatedismiss consultants, all litigation agents, contractors or administrative proceedings arising sub-managers (including professional property management companies) to perform and carry out management works of Operations.
(h) The Manager may obtain and maintain insurance for itself the Land and the other Participants.Development or any part thereof on such terms and conditions as the Manager deems fit PROVIDED THAT:-
(i) The the Manager may dispose shall not transfer or assign its rights duties or obligations under this Deed to any of Assets, whether by abandonment, surrender, or Transfer in the ordinary course of business.those persons; and
(jii) The the Manager shall have at all times be responsible for the right to carry out its responsibilities hereunder through agents, Affiliates or independent contractors.management and control of the whole Development;
(kcc) The To enter into contracts and to engage, employ, remunerate and dismiss solicitors, architects, accountants and other professional advisers and consultants to give advice to the Manager shall keep and maintain work on all required accounting matters related to the management of the Land and financial records the Development and the performance of the Manager’s powers and duties hereunder and to recruit and employ such workmen, servants, watchmen, caretakers and other staff and attendants as may from time to time be necessary to enable the Manager to perform any of its powers and duties in accordance with customary cost accounting practices this Deed on such terms as the Manager shall in its reasonable discretion decide and to provide accommodation, uniforms, working clothes, tools, appliances, cleaning and other materials and all equipment necessary therefor;
(dd) To enforce the due observance and performance by the Owners of the terms and conditions of the Government Grant and this Deed and any relevant Sub- Deed and to take action in respect of any breach thereof including the commencement, conduct and defence of legal proceedings and the registration and enforcement of charges as herein mentioned;
(ee) To require all Owners or occupiers of the Units maintain the Units owned or occupied by them in a satisfactory manner;
(ff) To post the number of legal proceedings against the Owners or occupants who are in default or in breach of the terms and conditions of this Deed or any relevant Sub-Deed on the public notice boards of the Development;
(gg) To grant or obtain such easements, quasi-easements, rights, privileges, licences, and informal arrangements as it shall in its absolute discretion consider necessary to ensure the efficient management of the Land and the Development PROVIDED THAT:-
(i) the exercise of the right shall be subject to the approval of the Owners’ Committee (if any) or the Owners’ Corporation (when formed); and
(ii) the granting of any such easements, quasi-easements, rights, privileges, licences, and informal arrangements shall not affect any Owner’s sole and exclusive right and privilege to hold use and occupy his Unit or impede or restrict the access to or from his Unit;
(hh) Subject to the approval of the Owners’ Committee (if any) or the Owners’ Corporation (when formed), to grant rights of way or access or use at any level to the owners or occupiers of any other premises adjoining the Land or to such person and persons and upon such terms and conditions as the Manager may think fit in respect of the Common Areas and Facilities PROVIDED THAT any benefit thereof shall accrue to the Owners and on behalf of the Owners to obtain a grant of similar rights in respect of such adjoining premises;
(ii) Subject to the approval of the Owners’ Committee (if any) or the Owners’ Corporation (when formed), to grant easements and rights of any other kind to the owners and occupiers of adjoining properties to construct, lay, maintain, remove and renew drains, pipes, cables, irrigation pipes, and other installations, fittings, ▇▇▇▇▇▇▇▇, and other equipment and structures within the Land which the Manager shall in its absolute discretion deem appropriate PROVIDED THAT:-
(i) the granting of any such easements or rights shall not affect any Owner’s sole and exclusive right and privilege to hold use and occupy his Unit or impede or restrict the access to or from his Unit; and
(ii) any benefit thereof shall accrue to the Owners and on behalf of the Owners to obtain a grant of similar easements and rights from owners or managers of neighbouring land;
(jj) To deal with all enquiries, complaints, reports and correspondence relating to the Development as a whole;
(kk) Subject to the approval of the Owners’ Committee (if any) or the Owners’ Corporation (when formed), to grant franchises, leases, tenancy agreements and licences to other persons to use such of the Common Areas and Facilities and on such terms and conditions and for such consideration as the Manager shall reasonably think fit PROVIDED THAT:-
(i) such use shall not be in breach of the Government Grant; and
(ii) all income arising therefrom shall form part of the management funds and be dealt with in accordance with the provisions of this Deed or any relevant Sub-Deed; and
(iii) any such right shall not interfere with any Owner’s right to hold, use, occupy and enjoy his Unit or unreasonably impede or restrict the access to and from his Unit;
(ll) To remove any dogs, cats, birds or other animals or fowls from the Development if the same has been the cause of reasonable written complaint of at least two other Owners or occupiers of the Development, the reasonableness of the complaint shall be determined by the Manager in its absolute discretion;
(mm) To provide such Christmas, Chinese New Year and other festive decorations and to organize such festive celebrations or activities for the Development as the Manager shall in its reasonable discretion consider desirable;
(nn) To make the House Rules before the formation of the Owners’ Committee and to amend the House Rules with the approval of the Owners’ Committee (if any);
(oo) To convene such meetings of the Owners or of the Owners’ Committee as may be necessary or requisite and to act as secretary to keep the minutes of such meetings;
(pp) To do all things which the Manager shall in its discretion deem necessary or desirable for the purposes of maintaining and improving all facilities and services in or on the Development for the better enjoyment or use of the Development by its Owners occupiers and their licensees;
(qq) Subject to the prior approval of the Owner’s Committee (if formed) or the Owners’ Corporation (if formed), in the mining industry.event that the Government agrees to take over or resume any part or parts of the Common Areas and Facilities to surrender the same or any part thereof to the Government and the Manager is HEREBY APPOINTED the lawful attorney to execute and sign all relevant documents on behalf of all the Owners for such purpose including matters relating to payment of compensation PROVIDED THAT any benefit or monetary compensation so obtained shall be used for the common benefit of all the Owners or be credited into the management fund, as the case may be;
(lrr) The Subject to the approval of the Owners’ Committee (if any) or the Owners’ Corporation (when formed), to grant such easements, quasi-easements, rights, privileges and licences to and to enter into such arrangements and agreements with the Government or the general public or any person or persons and upon such terms and conditions in respect of any part or parts of the Common Areas and Facilities as the Manager may undertake all other activities reasonably necessary to fulfill the foregoing.in its reasonable discretion think fit PROVIDED THAT:-
(i) any su
Appears in 2 contracts
Sources: Deed of Mutual Covenant and Management Agreement, Deed of Mutual Covenant and Management Agreement
Powers and Duties of Manager. 5.1 The management of the Land and the Development shall be undertaken by the Manager for an initial period of not exceeding two (2) years and shall continue until terminated as provided under Clause 4.1 如 上 and each Owner hereby irrevocably APPOINTS the Manager as agent for all Owners in respect of any matter concerning the Common Areas and Facilities duly authorised in accordance with the provisions of this Deed and to enforce and carry into effect all provisions of this Deed subject to the Building Management Ordinance. In addition to the other powers expressly provided in this Deed, the Manager shall have authority to do all such acts and things as may be necessary or expedient for or in connection with the following powers Land and duties:the Development and the management thereof including in particular but without in any way limiting the generality of the foregoing:-
(a) The Manager shall manageTo demand, direct collect and control Operations, including preparing receive all amounts payable by Owners under the provisions of this Deed and any Programs and Budgets pertaining to the Properties as it deems advisable from time to time.relevant Sub-Deed;
(b) The Unless otherwise directed by the Owners’ Corporation, to take out and updating:-
(i) insurance of the Common Areas and Facilities and the Units up to the full new reinstatement value in respect of loss or damage by fire and other risks;
(ii) insurance covering the Manager may make against public liability, occupiers’ liability and employees’ liability; and
(iii) any expenditures funded other insurance policy considered necessary by Kazco the Manager with some reputable insurance company or companies in the name of the Manager for and contemplated by on behalf of the Owners according to their respective interests and in such sum or sums as the Manager shall deem fit and to pay all premia required to keep such insurance policies in force and, without limiting the generality of the foregoing, if the Manager considers so desirable, to procure master insurance for the Development as a Budget or necessary whole including those areas which are not the Common Areas and Facilities and to carry out Programs as it deems advisable from time pay all premia required to time.keep such insurance policies in force;
(c) The Manager may amend Budgets To arrange for refuse collection and Programs disposal from the Common Areas and Facilities and from areas designated as it deems advisable from time to time.refuse collection points in the Development;
(d) The Manager may conduct such title examinations To keep in good order and repair the lighting of the Properties Common Areas and cure such title defects pertaining Facilities (including but not limited to the Properties artificial lighting and back-up emergency system required for those staircases designated as may means of escape under the Building Plans, which system shall be advisable in its reasonable judgment.regularly maintained by the Manager);
(e) The Manager may: (i) make or arrange for all payments required by leases, licenses, permits, contracts To keep the Common Areas and other agreements related to the Assets; (ii) pay all taxes, assessments Facilities in a clean and like charges on Operations sanitary state and Assets except taxes determined or measured by a Participant’s sales revenue or net income and taxes, including production taxes, attributable to a Participant’s share of Products, and shall otherwise promptly pay and discharge expenses incurred in Operations; and (iii) do all other acts reasonably necessary to maintain the Assets.condition;
(f) The Manager may: To repair, maintain, clean, paint or otherwise treat or decorate as appropriate, those external walls, elevations and facade (other than such part or parts the exclusive right to use of which is vested in an Owner), including windows and window frames, situated in the Common Areas and Facilities;
(g) To choose from time to time the colour and type of facade of the Development (other than such part or parts the exclusive right to use of which is vested in an Owner);
(h) To keep all the sewers, drains, watercourses and pipes forming part of the Common Areas and Facilities free and clear from obstructions;
(i) apply To inspect and keep all the Common Areas and Facilities in good condition and working order and to extend or improve existing facilities or provide additional facilities as the Manager shall at its reasonable discretion deem necessary or desirable and to keep the fire fighting equipment in accordance with any laws and regulations applicable thereto and whenever it shall be necessary or convenient so to do at the Manager’s discretion to enter into contracts with third parties for all necessary permitsthe maintenance of any such facilities;
(j) To prevent so far as is possible any refuse or other matter being deposited, licenses washed, eroded or falling from the Development onto any part of any public roads or any road-culverts, sewers, drains, nullahs or other Government property and approvals; to remove any such matter therefrom and to ensure that no damage is done to any drains, waterways, watercourses, footpaths, sewers, nullahs, pipes, cables, wires, utility services or other works being in, under, over or adjacent to the Land or any part thereof by reason of any maintenance or other works carried out by the Manager as herein provided and to make good any such damage;
(iik) take actions To paint, white-wash, tile or otherwise treat as may be appropriate the exterior of the Development (other than such part or parts the exclusive right to comply use of which is vested in an Owner) and the Common Areas and Facilities at such intervals as the same may reasonably require to be done;
(l) To replace any glass in the Common Areas and Facilities that may be broken;
(m) To keep the Common Areas and Facilities well lighted and in a tidy condition;
(n) To keep in good order and repair the ventilation of the enclosed part or parts of the Common Areas and Facilities;
(o) To prevent refuse from being deposited on the Development or any part thereof not designated for refuse collection and to remove all refuse from all parts of the Development and arrange for its disposal at such regular intervals and to maintain either on or off the Development refuse collection facilities to the satisfaction of the Food and Environmental Hygiene Department;
(p) To prevent unauthorised obstruction of the Common Areas and Facilities and to remove and impound any structure article or thing causing the obstruction;
(q) To make suitable arrangements for the supply of fresh and flushing water, gas and electricity and any other utility or service to or for the Development or any part thereof;
(r) To provide and maintain as the Manager deems reasonably necessary security force, watchmen, porters, caretakers, closed circuit T.V. system and burglar alarms and other security measures in the Development at all times;
(s) To maintain and operate or contract for the maintenance and operation of the communal radio or television aerials, or cable television system (if any) which serve the Development;
(t) To remove any structure or installation, signboard, advertisement, sunshade, bracket, fitting, obstruction, device, aerial or any thing in or on the Development or any part thereof which is illegal, unauthorised or which contravenes the terms herein contained or any of the provisions of the Government Grant and to demand and recover from the Owner by whom such structure or other thing as aforesaid was erected or installed the reasonable costs and expenses of such removal and the making good of any damages caused thereby to the satisfaction of the Manager;
(u) To appoint a solicitor or other appropriate legal counsel to advise upon any point which arises in the management of the Development necessitating professional legal advice and with authority to accept service on behalf of all Laws; the Owners for the time being of the Land and the Development of all legal proceedings relating to the Land and the Development (iiiexcept proceedings relating to the rights or obligations of individual Owners) prepare and file to commence, conduct, carry on and defend in its own name legal and other proceedings touching or concerning the Land and the Development or the management thereof, and, in particular but without limiting the foregoing, in all reports proceedings in which the Government shall be a party and at all times within seven (7) days of being requested so to do by the Government or notices required other competent Authority or officer, to appoint a solicitor who shall undertake to accept service on behalf of all such Owners whether for the purpose of Order 10 Rule 1 of the Rules of the High Court (or any provision amending or in substitution for the same) or otherwise;
(v) To prevent (by legal action if necessary) any person including an Owner from occupying or using any part of the Land and the Development in any manner in contravention of the Government Grant or this Deed;
(w) To prevent (by legal action if necessary) and to remedy any breach by any Owner or other person occupying or visiting the Development of any provisions of the Government Grant or this Deed;
(x) To prevent any person detrimentally altering or injuring any part or parts of the Development or any of the Common Areas and Facilities thereof;
(y) To prevent any person from overloading the floors of the Development or any part or parts thereof;
(z) To prevent any person from overloading any of the electrical installations and circuits or any of the mains or wiring in the Development;
(aa) To have the sole right to represent all the Owners in all matters and dealings with the Government or any statutory body or any utility or other competent authority or any other person whomsoever in any way touching or concerning the Land and the Development as a result whole or the Common Areas and Facilities, the Fire Safety Management Plan (including but not limited to all fire services installations required to be installed pursuant to the Fire Safety Management Plan) and the fire safety system of Operations.the Development with power to bind all Owners as to any policy adopted or decision reached or action taken in relation to any such dealings;
(gbb) The Manager may prosecuteTo enter into contracts and to engage, defend appoint, employ, remunerate and initiate as it considers appropriatedismiss consultants, all litigation agents, contractors or administrative proceedings arising sub-managers (including professional property management companies) to perform and carry out management works of Operations.
(h) The Manager may obtain and maintain insurance for itself the Land and the other Participants.Development or any part thereof on such terms and conditions as the Manager deems fit PROVIDED THAT:-
(i) The the Manager may dispose shall not transfer or assign its rights duties or obligations under this Deed to any of Assets, whether by abandonment, surrender, or Transfer in the ordinary course of business.those persons; and
(jii) The the Manager shall have at all times be responsible for the right to carry out its responsibilities hereunder through agents, Affiliates or independent contractors.management and control of the whole Development;
(kcc) The To enter into contracts and to engage, employ, remunerate and dismiss solicitors, architects, accountants and other professional advisers and consultants to give advice to the Manager shall keep and maintain work on all required accounting matters related to the management of the Land and financial records the Development and the performance of the Manager’s powers and duties hereunder and to recruit and employ such workmen, servants, watchmen, caretakers and other staff and attendants as may from time to time be necessary to enable the Manager to perform any of its powers and duties in accordance with customary cost accounting practices this Deed on such terms as the Manager shall in its reasonable discretion decide and to provide accommodation, uniforms, working clothes, tools, appliances, cleaning and other materials and all equipment necessary therefor;
(dd) To enforce the due observance and performance by the Owners of the terms and conditions of the Government Grant and this Deed and any relevant Sub- Deed and to take action in respect of any breach thereof including the commencement, conduct and defence of legal proceedings and the registration and enforcement of charges as herein mentioned;
(ee) To require all Owners or occupiers of the Units maintain the Units owned or occupied by them in a satisfactory manner;
(ff) To post the number of legal proceedings against the Owners or occupants who are in default or in breach of the terms and conditions of this Deed or any relevant Sub-Deed on the public notice boards of the Development;
(gg) To grant or obtain such easements, quasi-easements, rights, privileges, licences, and informal arrangements as it shall in its absolute discretion consider necessary to ensure the efficient management of the Land and the Development PROVIDED THAT:-
(i) the exercise of the right shall be subject to the approval of the Owners’ Committee (if any) or the Owners’ Corporation (when formed); and
(ii) the granting of any such easements, quasi-easements, rights, privileges, licences, and informal arrangements shall not affect any Owner’s sole and exclusive right and privilege to hold use and occupy his Unit or impede or restrict the access to or from his Unit;
(hh) Subject to the approval of the Owners’ Committee (if any) or the Owners’ Corporation (when formed), to grant rights of way or access or use at any level to the owners or occupiers of any other premises adjoining the Land or to such person and persons and upon such terms and conditions as the Manager may think fit in respect of the Common Areas and Facilities PROVIDED THAT any benefit thereof shall accrue to the Owners and on behalf of the Owners to obtain a grant of similar rights in respect of such adjoining premises;
(ii) Subject to the approval of the Owners’ Committee (if any) or the Owners’ Corporation (when formed), to grant easements and rights of any other kind to the owners and occupiers of adjoining properties to construct, lay, maintain, remove and renew drains, pipes, cables, irrigation pipes, and other installations, fittings, ▇▇▇▇▇▇▇▇, and other equipment and structures within the Land which the Manager shall in its absolute discretion deem appropriate PROVIDED THAT:-
(i) the granting of any such easements or rights shall not affect any Owner’s sole and exclusive right and privilege to hold use and occupy his Unit or impede or restrict the access to or from his Unit; and
(ii) any benefit thereof shall accrue to the Owners and on behalf of the Owners to obtain a grant of similar easements and rights from owners or managers of neighbouring land;
(jj) To deal with all enquiries, complaints, reports and correspondence relating to the Development as a whole;
(kk) Subject to the approval of the Owners’ Committee (if any) or the Owners’ Corporation (when formed), to grant franchises, leases, tenancy agreements and licences to other persons to use such of the Common Areas and Facilities and on such terms and conditions and for such consideration as the Manager shall reasonably think fit PROVIDED THAT:-
(i) such use shall not be in breach of the Government Grant; and
(ii) all income arising therefrom shall form part of the management funds and be dealt with in accordance with the provisions of this Deed or any relevant Sub-Deed; and
(iii) any such right shall not interfere with any Owner’s right to hold, use, occupy and enjoy his Unit or unreasonably impede or restrict the access to and from his Unit;
(ll) To remove any dogs, cats, birds or other animals or fowls from the Development if the same has been the cause of reasonable written complaint of at least two other Owners or occupiers of the Development, the reasonableness of the complaint shall be determined by the Manager in its absolute discretion;
(mm) To provide such Christmas, Chinese New Year and other festive decorations and to organize such festive celebrations or activities for the Development as the Manager shall in its reasonable discretion consider desirable;
(nn) To make the House Rules before the formation of the Owners’ Committee and to amend the House Rules with the approval of the Owners’ Committee (if any);
(oo) To convene such meetings of the Owners or of the Owners’ Committee as may be necessary or requisite and to act as secretary to keep the minutes of such meetings;
(pp) To do all things which the Manager shall in its discretion deem necessary or desirable for the purposes of maintaining and improving all facilities and services in or on the Development for the better enjoyment or use of the Development by its Owners occupiers and their licensees;
(qq) Subject to the prior approval of the Owner’s Committee (if formed) or the Owners’ Corporation (if formed), in the mining industry.event that the Government agrees to take over or resume any part or parts of the Common Areas and Facilities to surrender the same or any part thereof to the Government and the Manager is HEREBY APPOINTED the lawful attorney to execute and sign all relevant documents on behalf of all the Owners for such purpose including matters relating to payment of compensation PROVIDED THAT any benefit or monetary compensation so obtained shall be used for the common benefit of all the Owners or be credited into the management fund, as the case may be;
(lrr) The Subject to the approval of the Owners’ Committee (if any) or the Owners’ Corporation (when formed), to grant such easements, quasi-easements, rights, privileges and licences to and to enter into such arrangements and agreements with the Government or the general public or any person or persons and upon such terms and conditions in respect of any part or parts of the Common Areas and Facilities as the Manager may undertake all other activities reasonably necessary to fulfill the foregoing.in its reasonable discretion think fit PROVIDED THAT:-
(i) any such
Appears in 1 contract
Powers and Duties of Manager. 5.1 The management of the Land and the Development shall be undertaken by the Manager for an initial period of not exceeding two (2) years and shall continue until terminated as provided under Clause 4.1 above and each Owner hereby irrevocably APPOINTS the Manager as agent for all Owners in respect of any matter concerning the Common Areas and Facilities duly authorised in accordance with the provisions of this Deed and to enforce and carry into effect all provisions of this Deed subject to the Building Management Ordinance. In addition to the other powers expressly provided in this Deed, the Manager shall have authority to do all such acts and things as may be necessary or expedient for or in connection with the following powers Land and duties:the Development and the management thereof including in particular but without in any way limiting the generality of the foregoing:-
(a) The Manager shall manageTo demand, direct collect and control Operations, including preparing receive all amounts payable by Owners under the provisions of this Deed and any Programs and Budgets pertaining to the Properties as it deems advisable from time to time.relevant Sub-Deed;
(b) The Manager To manage, maintain and control the common driveways and parking areas on the Land and the Development and to impound any cars, motor cycles and other vehicles parked in any area not reserved for parking of any vehicles or parked in any Carpark Units without the consent of the Owner or lawful occupier of such Carpark Units or any vehicle parked in the Accessible Parking Space without payment of charges (if any) therefor and to do all such acts and things as may make any expenditures funded by Kazco and contemplated by a Budget or be necessary to carry out Programs provide unimpeded access thereto by the persons entitled for the time being to the use of such Carpark Units or Accessible Parking Space and the Manager is entitled to charge reasonable administrative fees relative to the cars, motor cycles and other vehicles impounded as it deems advisable from time to time.aforesaid (such fees shall be paid into the Special Fund);
(c) The Unless otherwise directed by the Owners’ Corporation, to take out and updating:-
(i) insurance of the Common Areas and Facilities and the Units up to the full new reinstatement value in respect of loss or damage by fire and other risks;
(ii) insurance against public liability, occupiers’ liability and the Manager’s liability as employer of the employees employed within or exclusively in connection with the management of the Development; and
(iii) any other insurance policy considered necessary by the Manager may amend Budgets in connection with the management of the Land and Programs the Development with some reputable insurance company or companies in the name of the Manager for and on behalf of the Owners according to their respective interests and in such sum or sums as it deems advisable from time the Manager shall deem fit and to time.pay all premia required to keep such insurance policies in force and, without limiting the generality of the foregoing, if the Manager considers so desirable, to procure master insurance for the Development as a whole including any land adjoining to the Land over which the Owners are granted a right to use or to pass or ▇▇▇▇▇▇ whether under the Government Grant, the Deed of Grant of Right of Way or otherwise and to pay all premia required to keep such insurance policies in force;
(d) The Manager may conduct such title examinations of To arrange for refuse collection and disposal from the Properties Common Areas and cure such title defects pertaining to Facilities and from areas designated as refuse collection points in the Properties as may be advisable in its reasonable judgment.Development;
(e) The Manager may: To keep in good order and repair the lighting of the Common Areas and Facilities (i) make or arrange for all payments required by leases, licenses, permits, contracts and other agreements related including but not limited to the Assets; (ii) pay all taxesartificial lighting and back-up emergency system required for those staircases designated as means of escape under the Building Plans, assessments and like charges on Operations and Assets except taxes determined or measured which system shall be regularly maintained by a Participant’s sales revenue or net income and taxes, including production taxes, attributable to a Participant’s share of Products, and shall otherwise promptly pay and discharge expenses incurred in Operations; and (iii) do all other acts reasonably necessary to maintain the Assets.Manager);
(f) The Manager may: To keep the Common Areas and Facilities in a clean and sanitary state and condition;
(g) To repair, maintain, clean, paint or otherwise treat or decorate as appropriate, those external walls, elevations and facade (other than such part or parts the exclusive right to use of which is vested in an Owner), including windows and window frames, situated in the Common Areas and Facilities;
(h) Subject to the prior approval of the Owners’ Committee or the Owners’ Corporation (if formed), to choose from time to time the colour and type of facade of the Development (other than such part or parts the exclusive right to use of which is vested in an Owner);
(i) apply To keep all the sewers, drains, watercourses and pipes forming part of the Common Areas and Facilities free and clear from obstructions;
(j) To manage, control and maintain the parking of cars and other vehicles and the loading and unloading of goods within the Common Areas and Facilities and the flow of vehicular traffic over all roads and other areas forming part of the Common Areas and Facilities;
(k) To inspect and keep all the Common Areas and Facilities in good condition and working order and to extend or improve existing facilities or provide additional facilities as the Manager shall at its reasonable discretion deem necessary or desirable and to keep the fire fighting equipment in accordance with any laws and regulations applicable thereto and whenever it shall be necessary or convenient so to do at the Manager’s discretion to enter into contracts with third parties for all necessary permitsthe maintenance of any such facilities;
(l) To prevent so far as is possible any refuse or other matter being deposited, licenses washed, eroded or falling from the Development onto any part of any public roads or any road-culverts, sewers, drains, nullahs or other Government property and approvals; to remove any such matter therefrom and to ensure that no damage is done to any drains, waterways, watercourses, footpaths, sewers, nullahs, pipes, cables, wires, utility services or other works being in, under, over or adjacent to the Land or any part thereof by reason of any maintenance or other works carried out by the Manager as herein provided and to make good any such damage;
(iim) take actions To paint, white-wash, tile or otherwise treat as may be appropriate the exterior of the Development (other than such part or parts the exclusive right to comply use of which is vested in an Owner) and the Common Areas and Facilities at such intervals as the same may reasonably require to be done;
(n) To replace any glass in the Common Areas and Facilities that may be broken;
(o) To keep the Common Areas and Facilities well lighted and in a tidy condition;
(p) To keep in good order and repair the ventilation of the enclosed part or parts of the Common Areas and Facilities;
(q) To prevent refuse from being deposited on the Development or any part thereof not designated for refuse collection and to remove all refuse from all parts of the Development and arrange for its disposal at such regular intervals and to maintain either on or off the Development refuse collection facilities to the satisfaction of the Food and Environmental Hygiene Department;
(r) To prevent unauthorised obstruction of the Common Areas and Facilities and to remove and impound any structure article or thing causing the obstruction;
(s) To make suitable arrangements for the supply of fresh and flushing water, gas and electricity and any other utility or service to or for the Development or any part thereof;
(t) To provide and maintain as the Manager deems reasonably necessary security force, watchmen, porters, caretakers, closed circuit T.V. system and burglar alarms and other security measures in the Development at all times;
(u) To maintain and operate or contract for the maintenance and operation of the communal radio or television aerials, or cable television system (if any) which serve the Development;
(v) To remove any structure or installation, signboard, advertisement, sunshade, bracket, fitting, obstruction, device, aerial or any thing in or on the Development or any part thereof which is illegal, unauthorised or which contravenes the terms of this Deed, any Sub-Deed or the Deed of Grant of Right of Way or any of the provisions of the Government Grant and to demand and recover from the Owner or person by whom such structure or other thing as aforesaid was erected or installed the reasonable costs and expenses of such removal and the making good of any damages caused thereby to the satisfaction of the Manager;
(w) To appoint a solicitor or other appropriate legal counsel to advise upon any point which arises in the management of the Development necessitating professional legal advice and with authority to accept service on behalf of all Laws; the Owners for the time being of the Land and the Development of all legal proceedings relating to the Land and the Development (iiiexcept proceedings relating to the rights or obligations of individual Owners) prepare and file to commence, conduct, carry on and defend in its own name legal and other proceedings touching or concerning the Land and the Development or the management thereof, and, in particular but without limiting the foregoing, in all reports proceedings in which the Government shall be a party and at all times within seven (7) days of being requested so to do by the Government or notices required other competent Authority or officer, to appoint a solicitor who shall undertake to accept service on behalf of all such Owners whether for the purpose of Order 10 Rule 1 of the Rules of the High Court (or any provision amending or in substitution for the same) or otherwise;
(x) To prevent (by legal action if necessary) any person including an Owner from occupying or using any part of the Land and the Development in any manner in contravention of the Government Grant, this Deed, any Sub-Deed or the Deed of Grant of Right of Way;
(y) To prevent (by legal action if necessary) and to remedy any breach by any Owner or other person occupying or visiting the Development of any provisions of the Government Grant, this Deed, any Sub-Deed or the Deed of Grant of Right of Way;
(z) To prevent any person detrimentally altering or injuring any part or parts of the Development or any of the Common Areas and Facilities thereof;
(aa) To prevent any person from overloading the floors of the Development or any part or parts thereof;
(bb) To prevent any person from overloading any of the electrical installations and circuits or any of the mains or wiring in the Development;
(cc) To have the sole right to represent all the Owners in all matters and dealings with the Government or any statutory body or any utility or other competent authority or any other person whomsoever in any way touching or concerning the Land and the Development as a result whole or the Common Areas and Facilities, the Fire Safety Management Plan (including but not limited to all fire services installations required to be installed pursuant to the Fire Safety Management Plan) and the fire safety system of Operations.the Development with power to bind all Owners as to any policy adopted or decision reached or action taken in relation to any such dealings;
(gdd) The Manager may prosecuteTo enter into contracts and to engage, defend appoint, employ, remunerate and initiate as it considers appropriatedismiss consultants, all litigation agents, contractors or administrative proceedings arising sub-managers (including professional property management companies) to perform and carry out management works of Operations.
(h) The Manager may obtain and maintain insurance for itself the Land and the other Participants.Development or any part thereof on such terms and conditions as the Manager deems fit PROVIDED THAT:-
(i) The the Manager may dispose shall not transfer or assign its rights duties or obligations under this Deed to any of Assets, whether by abandonment, surrender, or Transfer in those persons who shall remain responsible to the ordinary course of business.Manager ; and
(jii) The the Manager shall have at all times be responsible for the right to carry out its responsibilities hereunder through agents, Affiliates or independent contractors.management and control of the whole Development;
(kee) The To enter into contracts and to engage, employ, remunerate and dismiss solicitors, architects, accountants and other professional advisers and consultants to give advice to the Manager shall keep and maintain work on all required accounting matters related to the management of the Land and financial records the Development and the performance of the Manager’s powers and duties hereunder and to recruit and employ such workmen, servants, watchmen, caretakers and other staff and attendants as may from time to time be necessary to enable the Manager to perform any of its powers and duties in accordance with customary cost accounting practices this Deed on such terms as the Manager shall in the mining industry.its reasonable discretion decide and to provide accommodation, uniforms, working clothes, tools, appliances, cleaning and other materials and all equipment necessary therefor;
(lff) The To enforce the due observance and performance by the Owners and occupiers of the terms and conditions of the Government Grant, this Deed, any relevant Sub-Deed and the Deed of Grant of Right of Way and to take action in respect of any breach thereof including the commencement, conduct and defence of legal proceedings and the registration and enforcement of charges as herein mentioned;
(gg) To require all Owners or occupiers of the Units maintain the Units owned or occupied by them in a satisfactory manner;
(hh) To post the number of legal proceedings against the Owners or occupants who are in default or in breach of the terms and conditions of this Deed or any relevant Sub-Deed on the public notice boards of the Development;
(ii) Subject to the approval by a resolution of Owners at an Owners’ meeting convened under this Deed, to grant or obtain such easements, quasi-easements, rights, privileges, licences, and informal arrangements as it shall in its absolute discretion consider necessary to ensure the efficient management of the Land and the Development PROVIDED THAT:-
(i) the exercise of the right shall not contravene the provisions of the Government Grant;
(ii) the granting of any such easements, quasi-easements, rights, privileges, licences, and informal arrangements shall not affect any Owner’s sole and exclusive right and privilege to hold use and occupy his Unit or impede or restrict the access to or from his Unit; and
(iii) any payment received shall be credited to the Special Fund;
(jj) Subject to the approval by a resolution of Owners at an Owners’ meeting convened under this Deed, to grant rights of way or access or use at any level to the owners or occupiers of any other premises adjoining the Land or to such person and persons and upon such terms and conditions as the Manager may undertake think fit in respect of the Common Areas and Facilities PROVIDED THAT:-
(i) any benefit thereof shall accrue to the Owners and on behalf of the Owners to obtain a grant of similar rights in respect of such adjoining premises;
(ii) the exercise of the right shall not contravene the provisions of the Government Grant; and
(iii) any payment received shall be credited to the Special Fund;
(kk) Subject to the approval by a resolution of Owners at an Owners’ meeting convened under this Deed, to grant easements and rights of any other kind to the owners and occupiers of adjoining properties to construct, lay, maintain, remove and renew drains, pipes, cables, irrigation pipes, and other installations, fittings, ▇▇▇▇▇▇▇▇, and other equipment and structures within the Land which the Manager shall in its absolute discretion deem appropriate PROVIDED THAT:-
(i) the granting of any such easements or rights shall not affect any Owner’s sole and exclusive right and privilege to hold use and occupy his Unit or impede or restrict the access to or from his Unit;
(ii) any benefit thereof shall accrue to the Owners and on behalf of the Owners to obtain a grant of similar easements and rights from owners or managers of neighbouring land;
(iii) the exercise of the right shall not contravene the provisions of the Government Grant; and
(iv) any payment received shall be credited to the Special Fund;
(ll) To deal with all enquiries, complaints, reports and correspondence relating to the Development as a whole;
(mm) Subject to the approval of the Owners’ Committee (if any) or the Owners’ Corporation (when formed), to grant franchises, leases, tenancy agreements and licences to other activities persons to use such of the Common Areas and Facilities and on such terms and conditions and for such consideration as the Manager shall reasonably necessary think fit PROVIDED THAT:-
(i) such use shall not be in breach of the Government Grant, this Deed, any relevant Sub-Deed or the Deed of Grant of Right of Way; and
(ii) all income arising therefrom shall form part of the management funds and be dealt with in accordance with the provisions of this Deed or any relevant Sub-Deed; and
(iii) any such right shall not interfere with any Owner’s right to fulfill hold, use, occupy and enjoy his Unit or unreasonably impede or restrict the foregoing.access to and from his Unit;
(nn) To remove any dogs, cats, birds or other animals or fowls from the
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