Common use of Powers and Duties of Manager Clause in Contracts

Powers and Duties of Manager. General duties (1) Subject as provided in this Deed the Manager shall be responsible for and shall have full and unrestricted authority to do all such acts and things as may be necessary or requisite for the proper management of the Development (save and except the Government Accommodation) and in particular the following :- Inspection (a) to inspect at reasonable intervals the Common Areas and the Common Facilities and, if the Manager shall think fit, at reasonable times with reasonable prior notices given the interior of the Units. Maintenance (b) to put in hand all works necessary to maintain the Development including the Common Areas and the Common Facilities and the foundation to ensure that the Development is maintained in a good, clean and safe condition. Owners' and Occupiers' obligations to repair (c) to request all Owners or occupiers of the Units to maintain their respective Units in a satisfactory manner and in the event of default by any such Owners or occupiers, the Manager may (but without being obliged to) put in hand any necessary maintenance in cases of emergency and to recover the cost therefor from the defaulting Owner or occupier. To maintain exterior (d) to maintain as appropriate the exterior and the landscaping of the Development and the Common Areas at reasonable intervals. To replace glass, (e) (i) to replace any broken glass in the Common Areas. metal grille or shutter or gate (ii) to remove metal grille or shutter or gate erected affixed installed or attached in or on or at the entrance or entrances of any Unit which shall in any way contravene the regulations of the Fire Services Department or other authorities and/or which may in any way impede the free and uninterrupted passage over through and along any of the Common Areas. To provide lighting (f) to keep all the Common Areas well lighted. To keep good ventilation (g) to keep in good repair the ventilation of all enclosed Common Areas. To clean (h) to keep the Development and all parts thereof in a clean sanitary and tidy condition. To remove refuse (i) to remove all refuse from the Development and arrange for its disposal at regular intervals and to maintain refuse collection facilities to the satisfaction of the Director of Food And Environmental Hygiene. To prevent obstruction (j) to prevent the obstruction of the Common Areas and to remove any obstruction. To clear sewers (k) to keep all the common sewers, drains, watercourses and pipes clear. To keep Common Facilities in good condition (l) to keep all Common Facilities in good condition and working order. To keep plant and machinery and effluent discharge system in working order (m) to keep all plant, machinery and equipment on or serving the Development including the effluent discharge system in good condition and working order and in accordance with any relevant laws and regulations. To carry out maintenance works (n) if and for so long as may be required by the Conditions, to carry out such maintenance and/or repairing works referred to in the required by the Conditions Conditions and/or the maintenance and/or repair of the sewage treatment plants, the drains and channels, prestressed ground anchors (if any) and fire services installations and equipment PROVIDED THAT the Manager shall not be made personally liable for carrying out any such requirements under the Conditions which shall remain the responsibility of the Owners if, having used all reasonable endeavours, the Manager has not been able to collect the costs of the required works from all the Owners pursuant to the terms of this Deed and PROVIDED FURTHER THAT the Manager’s power and duty under this Clause (1)(n) shall not extend to works required to be carried out by a particular Owners whether under the Conditions or this Deed. To maintain the Slopes and Retaining Walls (o) to engage suitable qualified personnel to inspect keep and maintain in good substantial repair and condition and carry out any necessary works in respect of any of the Slopes and Retaining Walls (if any) in compliance with the Conditions and in particular in accordance with the Maintenance Manual(s) (if any) and all guidelines issued from time to time by the appropriate Government departments regarding the maintenance of Slopes and Retaining Walls (if any) (for the purpose of this sub-clause, the reference to “the Manager” shall include the Owners' Incorporation, if formed). To prevent obstruction or damage to Government property (p) to prevent so far as is possible any refuse or other matter being deposited, washed, eroded or falling from the Development onto any public roads or Government property and to remove any such matter therefrom. To remove unauthorized structure (q) to remove anything erected or installed in contravention of the terms of the Conditions, this Deed and the Approved Plans and to demand and recover from the person responsible for the cost of removal and making good any damage. To provide fire fighting facilities (r) to provide and maintain any fire and safety installations as the Manager may deem necessary. To provide security measures (s) to provide a security force, watchmen and caretakers and to provide and maintain security installations on and within the Development including administration and other staff to provide efficient management to the Development. To manage maintain and control traffic (t) to manage, control and maintain within the Development parking and all forms of traffic management for all parking spaces as required by the Conditions. To install aerials (u) to install, maintain and operate wireless or television aerials to serve the Development and subject to the provisions of the Building Management Ordinance (Cap.344) and Clause (12) of Subsection (D) of this Section V and Clause (12) of Section IX of this Deed to enter into contracts with third parties for the supply, installation, maintenance or operation of any system of communal aerial broadcast distribution or satellite master antenna television or telecommunication service for the Development. To maintain and improve services (v) Subject to Clause (9) of Subsection (B) of Section V hereof and subject to the approval of the Owners’ Committee or the Owners' Incorporation (if any), to do all things which the Manager shall in its discretion deem necessary or desirable for the purposes of maintaining and improving the Common Facilities and services in or on the Development or for the better enjoyment or use of the Development by its Owners occupiers and their licensees PROVIDED THAT prior written approval of the Owner of the Government Accommodation be obtained if the said maintenance and improvement to be done or likely to be done would or likely to affect the Government Accommodation and G.P.A. shall in its sole discretion determine whether or not the Government Accommodation is affected. To appoint Solicitors (w) to appoint solicitors with authority to accept service on behalf of all the Owners (except F.S.I.) for all legal proceedings relating to the Development or any part thereof (except proceedings relating to the rights or obligations of individual Owners) and, in particular but without limiting the foregoing, in all proceedings in which the Government shall be a party and at all times within 7 days of being requested so to do by the Government or other authorized officer, to appoint a solicitor who shall undertake to accept service on behalf of all such Owners 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). To prevent unauthorized use of the Common Areas (x) to prevent any person from occupying or using otherwise than in accordance with the written permission of the Manager or the provisions of this Deed any of the Common Areas. To comply with statutory requirements (y) to take all steps necessary or expedient for complying with the Conditions and any Government requirements concerning the Development. To prevent breach of Conditions (z) to prevent and to take action to remedy any breach by the Owners or other person of any provisions of the Conditions. To prevent alteration of the Development etc. (aa) to prevent any person detrimentally altering damaging or injuring any part of the Development or the Common Facilities. To collect monies and pay outgoings (ab) to demand collect and receive all amounts payable by the Owners under the provisions of this Deed and to pay and discharge out of the monies so collected all outgoings relating to the management of the Development and/or the performance of the duties of the Manager hereunder. To insure (ac) unless otherwise directed by the Owners’ Incorporation, to insure and keep insured the Common Areas and the Common Facilities and any part of the Development (save and except the Government Accommodation) as the Manager may think fit against loss or damage by fire and such other risks to the full new reinstatement value and to effect insurance covering public liability, occupier’s liability and employer’s liability in respect of employees employed within or exclusively in connection with the management of the Development in such amounts as the Manager may think fit, such insurance to be in the name of the Manager for and on behalf of the Owners and pay all premiums required to keep such insurance policies in force. To represent Owners (ad) to represent the Owners (save and except F.S.I. or G.P.A.) in all dealings with Government or any utility or other authorities or any other person in relation to the management of the Development (save and except the Government Accommodation). To commence legal proceedings and to enforce provisions of this Deed (ae) to commence and defend legal and other proceedings relating to the Development and to enforce the due observance and performance by the Owners or any person occupying any part of the Development through under or with the consent of any such Owner of the terms and conditions of this Deed and the General Rules and Carpark Rules made hereunder. To post Unit in default (af) to post the address of the Unit of any Owner or occupier in default or in breach of the terms and conditions of this Deed together with particulars on the notice boards within the Development. To recruit staff (ag) to recruit and employ only such staff as may from time to time be necessary to enable the Manager to comply with its duties hereunder on such terms, including the provisions of provident or retirement fund, as the Manager shall in its absolute discretion decide and to provide uniforms, working clothes, tools, appliances, cleaning and other materials and all equipment necessary therefor. To manage and control parking (ah) to manage and control within the Development the parking of all cars, motor cycles and vehicles and to remove any car, motor cycle or other vehicles parked in any area not reserved for parking or in the Visitors’ Parking Spaces without the consent of the Manager and to do all such acts and things as may be necessary to provide unimpeded access thereto by the persons entitled for the time being to the use of the same and the Manager shall have power to prescribe reasonable charges for the use of Visitors’ Parking Spaces Provided that any charges for the use of Visitors’ Parking Spaces shall be credited to the management account for the benefit of all the Owners of the Units and shall form part of the Management Funds. To keep plans showing the Common Areas (ai) to obtain from the Registered Owner and keep in the Manager’s office plans certified as to their accuracy by or on behalf of the Authorized Person showing Common Areas and to allow the Owners to inspect the same free of costs and charges during normal office hours Provided That the Manager shall provide free of cost to the Owner of the Government Accommodation a copy of the said plans and any amendments thereto from time to time. To define Common Areas and the Common Facilities (aj) subject to the approval of the Owners’ resolution passed at an Owners’ meeting convened under this Deed and the relevant Government authorities, to designate the areas and facilities intended for the common use and enjoyment of the Owners, residents or occupiers for the time being of the Development not already defined under the provisions of this Deed into the appropriate categories of Common Areas and Common Facilities Provided that the Owners’ right to enjoy their Units should not be affected and Provided that the Manager shall have no right to redesignate such Common Areas and Common Facilities. To engage professionals, contractors, etc. (ak) subject to Clause (12) of Subsection (D) of this Section V, to enter into contracts and to engage, employ, remunerate and dismiss solicitors, architects, accountants and other professional advisers and consultants, contractors, sub-contractors, delegates, workmen, servants, agents, watchmen, caretakers and other building staff and attendants and to do all such things as are reasonably incidental to the management of the Development. To prevent overloading (al) to prevent any person from overloading the floors or lifts or any of the electrical installations and circuits or any of the mains or wiring of or in the Development or any part or parts thereof. To provide festival decorations and organize festive celebrations and activities (am) to provide such Chinese New Year, Christmas and other festival decorations and to organize such festive celebrations or activities for the Development as the Manager shall in his reasonable discretion consider desirable. To keep access for the Fire Services appliances clear (an) to keep the means of access for the passage of Fire Services appliances and Fire Services personnel free from obstruction. To maintain fire fighting appliances (ao) to maintain the fire hydrants, fire fighting appliances, water pumping connections and such other fire service installations and equipment in good condition and to the satisfaction of the Director of Fire Services. To maintain and operate recreational facilities (ap) to maintain the recreational facilities and facilities ancillary thereto within the Development in good and substantial repair and condition and operate the recreational facilities to the satisfaction of the Director of Lands in compliance with Special Condition No.(36) of the Conditions. To remove dogs and animals (aq) to remove any dog, live poultry or other animals in any part of the Development if the same shall be kept in breach of any provision of this Deed or to refer the matter to the police (if appropriate). To inspect and give notice for want of repair and maintenance (ar) upon default of the Owner in repairing and/or maintaining and/or replacing the plumbing and drainage facilities and/or any other services and facilities or any part or parts of his Unit the repair and/or maintenance and/or replacement of which is such Owner’s responsibility under this Deed, the Manager may (but without being obliged to) enter at all reasonable times on written notice (except in case of emergency) into all parts of the Development for the purpose of inspection and to give notice requesting such Owner to replace or repair at the expenses of the Owner concerned any part or parts of the plumbing and drainage facilities and any other part or parts of the Unit for which want of repair and maintenance shall be discovered. To grant licences (as) subject to the rights of the Registered Owner under Clause (9)(a) of Section I hereof and also subject to the approval of the Owners’ resolution passed at an Owners’ meeting convened under this Deed, to grant licences to other person or persons to use such of the Common Areas and the Common Facilities and on such terms and conditions and for such consideration as the Manager shall in its absolute discretion think fit PROVIDED FURTHER THAT the exercise of such right shall be subject to the rights and privileges of F.S.I. and shall not in anyway affect and prejudice the rights easements and privileges reserved to F.S.I. in this Deed and the Conditions AND PROVIDED FURTHER THAT the exercise of the right conferred under this clause shall not contravene the provisions of the Conditions and shall not interfere with the other Owners’ right to hold, use, occupy and enjoy their units nor impede access to the

Powers and Duties of Manager. General duties (1) Subject as provided in this Deed the Manager shall be responsible for and shall have full and unrestricted authority to do all such acts and things as may be necessary or requisite for the proper management of the Development (save and except the Government Accommodation) and in particular the following :- Inspection (a) Subject to Clause (1) of Section III, to inspect at reasonable intervals the Common Areas and the Common Facilities and, if the Manager shall think fit, at reasonable times with reasonable prior notices given the interior of the Units. Maintenance (b) to put in hand all works necessary to maintain the Development including the Common Areas and Areas, the Common Facilities and the foundation to ensure that the Development is maintained in a good, clean and safe conditioncondition and for this purpose employ reputable and competent contractors and workmen. Owners' and Occupiers' obligations to repair (c) to request ensure all Owners or occupiers of the Units to maintain their respective Units in a satisfactory manner and in the event of default by any such Owners or occupiers, the Manager may (but without being obliged to) require and demand the Owner to put in hand at his own costs any necessary maintenance in cases of emergency and to recover the cost therefor from the defaulting Owner or occupier. To maintain exterior (d) to maintain as appropriate the exterior and the landscaping of the Development and the Common Areas at reasonable intervals. To replace glass, remove metal grille or shutter or gate (e) (i) (ii) to replace any broken glass in the Common Areas. metal grille or shutter or gate (ii) to remove metal grille or shutter or gate erected affixed installed or attached in or on or at the entrance or entrances of any Unit Flat which shall in any way contravene the regulations of the Fire Services Department or other authorities and/or which may in any way impede the free and uninterrupted passage over through and along any of the Common AreasAreas and/or which may be in breach of this Deed and to recover the costs and expenses of such removal from the Owner of such grille or shutter or gate. To provide lighting (f) to keep all the Common Areas well lighted. To keep good ventilation (g) to keep in good repair the ventilation of all enclosed Common Areas. To clean (h) to keep the Development and all parts thereof in a clean sanitary and tidy condition. To remove refuse (i) to remove all refuse from the Development and arrange for its disposal at regular intervals and to maintain refuse collection facilities to the satisfaction of the Director of Food And Environmental Hygiene. To prevent obstruction (j) to prevent the obstruction of the Common Areas and the Common Facilities and to remove any obstruction. To clear sewers (k) to keep clear all the common sewers, drains, watercourses water courses, pipes channels and pipes cleardrainage system whether within or outside the Land serving the Development which are required to be maintained pursuant to the Conditions and to connect any drains and sewers from the Land and the Development to such Government storm water drains and sewers as the Manager shall see fit. To keep Common Facilities in good condition (l) to keep all Common Facilities in good condition and working order. To keep plant and machinery and effluent discharge system in working order (m) to keep all plant, machinery and equipment on or serving the Development including the effluent discharge system in good condition and working order and in accordance with any relevant laws and regulations. To carry out maintenance works required by the (n) if If and for so long as may be required by the Conditions, to upkeep and carry out such maintenance and/or repairing repair works referred to for such period and in such manner as required under the required by provisions of the Conditions Conditions and/or the maintenance and/or repair of the sewage treatment plants, particularly as regards the drains and channels, prestressed ground anchors (if any) and fire services installations and equipment PROVIDED THAT the Manager shall not be made personally liable for carrying out any such requirements under the Conditions which shall remain the responsibility of the Owners if, having used all reasonable endeavours, the Manager has not been able to collect the costs of the required works from all the Owners pursuant to the terms of this Deed and PROVIDED FURTHER THAT the Manager’s power and duty under this Clause (1)(n) shall not extend to works required to be carried out by a particular Owners whether under the Conditions or this Deed. To maintain the Slopes and Retaining Walls (o) to engage suitable qualified personnel to inspect keep and maintain in good substantial repair and condition and carry out any necessary works in respect of any of the Slopes and Retaining Walls (if any) in compliance with the Conditions and in particular in accordance with the Slopes Maintenance Manual(s) (if any) Manual and all guidelines issued from time to time by the appropriate Government departments regarding the maintenance of Slopes and Retaining Walls (if any) (for the purpose of this sub-clause, the reference to “the Manager” shall include the Owners' Incorporation, if formed). To prevent obstruction or damage to Government property (p) to prevent so far as is possible any refuse or other matter being deposited, washed, eroded or falling from the Development onto any public roads or Government property and to remove any such matter therefrom. To remove unauthorized structure (q) to require the relevant Owner to remove anything erected or installed in contravention of the terms of the Conditions, this Deed and the Approved Plans at the costs of such Owner and demand such Owner to demand and recover from the person responsible for the cost of removal and making make good any damagedamage resulting therefrom. To provide fire fighting facilities (r) to provide and maintain any fire and safety installations as the Manager may deem necessary. To provide security measures (s) to provide a security force, watchmen and caretakers and to provide and maintain security installations on and within the Development including administration and other staff to provide efficient management to the Development. To manage maintain and control traffic (t) to manage, control and maintain within the Development parking and all forms of traffic management for all parking spaces in such manner as required by the ConditionsManager shall consider appropriate. To install aerials (u) to install, maintain and operate wireless or television aerials to serve the Development and subject to the provisions of the Building Management Ordinance (Cap.344) and Clause (12) of Subsection (D) of this Section V and Clause (12) of Section IX of this Deed to enter into contracts with third parties for the supply, installation, maintenance or operation of any system of communal aerial broadcast distribution or satellite master antenna television or telecommunication service for the Development. To maintain and improve services (v) Subject to Clause (9) of Subsection (B) of Section V hereof and subject to the approval of the Owners’ Committee or the Owners' Incorporation (if any), to do all things which the Manager shall in its discretion deem necessary or desirable for the purposes of maintaining and improving the Common Facilities and services in or on the Development or for the better enjoyment or use of the Development by its Owners occupiers and their licensees PROVIDED THAT prior written approval of the Owner of the Government Accommodation be obtained if the said maintenance and improvement to be done or likely to be done would or likely to affect the Government Accommodation and G.P.A. shall in its sole discretion determine whether or not the Government Accommodation is affectedlicensees. To appoint Solicitors ▇▇▇▇▇▇▇▇▇ (w) to appoint solicitors with authority to accept service on behalf of all the Owners (except F.S.I.) for of all legal proceedings relating to the Development or any part thereof (except proceedings relating to the rights or obligations of individual Owners) and, in particular but without limiting the foregoing, in all proceedings in which the Government shall be a party and at all times within 7 days of being requested so to do by the Government or other authorized officer, to appoint a solicitor who shall undertake to accept service on behalf of all such Owners 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). To prevent unauthorized use of the Common Areas (x) to prevent so far as it is practicable any person from occupying or using otherwise than in accordance with the written permission of the Manager or the provisions of this Deed any of the Common AreasAreas or Common Facilities. To comply with statutory requirements (y) to take all steps necessary or expedient for complying with the Conditions and any Government requirements concerning the Development. To prevent breach of Conditions (z) to prevent and to take action to remedy so far as it is practicable any breach by the Owners or other person of any provisions of the Conditions. To prevent alteration of the Development etc. Common Areas (aa) to prevent so far as it is practicable any person detrimentally altering damaging or injuring any part of the Development Common Areas or the Common Facilities. To collect monies and pay outgoings (ab) to demand collect and receive all amounts payable by the Owners under the provisions of this Deed and to pay and discharge out of the monies so collected all outgoings relating to the management of the Development and/or the performance of the duties of or incurred by the Manager hereunder. To insure (ac) unless otherwise directed by the Owners’ Incorporation, to insure and keep insured the Common Areas and Areas, the Common Facilities and any part of the Development (save and except the Government Accommodation) as the Manager may think fit against loss or damage by fire and such other risks to the full new reinstatement value and to effect insurance covering public liability, occupier’s liability and employer’s liability in respect of employees employed within or exclusively in connection with the management of the Development in such amounts as the Manager may think fit, such insurance to be in the name of the Manager for and on behalf of the Owners and pay all premiums required to keep such insurance policies in force. To represent Owners (ad) to represent the Owners (save and except F.S.I. or G.P.A.) in all dealings with Government or any utility or other authorities or any other person in relation to the management of the Development (save and except the Government Accommodation)Development. To commence legal proceedings and to enforce provisions of this Deed (ae) to commence and defend legal and other proceedings relating to the Development and to enforce the due observance and performance by the Owners or any person occupying any part of the Development through under or with the consent of any such Owner of the terms and conditions of this Deed and the General Rules and Carpark Car Park Rules made hereunder. To post Unit in default (af) to post the address of the Unit of any Owner or occupier in default or in breach of the terms and conditions of this Deed together with particulars on the notice boards within the Development. To recruit staff (ag) to recruit and employ only such staff as may from time to time be necessary to enable the Manager to comply with its duties hereunder on such terms, including the provisions of provident or retirement fund, as the Manager shall in its absolute discretion decide and to provide uniforms, working clothes, tools, appliances, cleaning and other materials and all equipment necessary therefor. To manage and control parking (ah) to manage and control within the Development the parking of all cars, motor cycles vehicles and vehicles bicycles and to remove any car, motor cycle vehicles or other vehicles bicycles parked in any area not reserved for parking or in the Residential Visitors’ Car Parking Spaces or Bicycle Parking Spaces without the consent of the Manager and to do all such acts and things as may be necessary to provide unimpeded access thereto by the persons entitled for the time being to the use of the same and the Manager shall have power to prescribe reasonable charges for the use of the Residential Visitors’ Car Parking Spaces or Bicycle Parking Spaces Provided that any charges for the use of the Residential Visitors’ Car Parking Spaces and Bicycle Parking Spaces shall be credited to the management account for in relation to the benefit of all the Owners of the Units and shall form part of the Management FundsResidential Common Areas. To keep plans showing the Common Areas (ai) to obtain from the Registered Owner and keep in the Manager’s management office copy of plans certified as to their accuracy by or on behalf of the Authorized Person showing the Common Areas and to allow the Owners to inspect the same free of costs and charges charge during normal office hours Provided That the Manager shall provide free of cost to the Owner of the Government Accommodation a copy of the said plans and any amendments thereto from time to timehours. To define Common Areas and the Common Facilities (aj) subject to the prior written approval of the Owners’ resolution passed at an Committee or the Owners’ meeting convened under this Deed Incorporation (if any) and the relevant Government authorities, to designate the areas and facilities intended for the common use and enjoyment of the Owners, residents or occupiers for the time being of the Development not already defined under the provisions of this Deed into the appropriate categories of Common Areas and Common Facilities Provided that the Owners’ right to enjoy their Units should not be affected and Provided that the Manager shall have no right to redesignate such Common Areas and Common Facilities. To engage professionals, contractors, etc. (ak) subject to Clause (1219) of Subsection (D) of this Section V, to enter into contracts and to engage, employ, remunerate and dismiss solicitors, architects, accountants and other professional advisers and consultants, contractors, sub-contractors, delegates, workmen, servants, agents, watchmen, caretakers and other building staff and attendants and to do all such things as are reasonably incidental to the management of the Development. To prevent overloading (al) to prevent any person from overloading the floors or lifts or any of the electrical installations and circuits or any of the mains or wiring of or in the Development or any part or parts thereof. To provide festival decorations and organize festive celebrations and activities decoration (am) to provide such Chinese New Year, Christmas and other festival decorations and to organize such festive celebrations or activities for the Development as the Manager shall in his reasonable discretion consider desirable. To keep access for the Fire Services appliances clear (an) to keep the means of access for the passage of Fire Services appliances and Fire Services personnel free from obstruction. To maintain fire fighting appliances (ao) to maintain the fire hydrants, fire fighting appliances, water pumping connections and such other fire service installations and equipment equipments in good condition and to the satisfaction of the Director of Fire Services. To maintain and operate recreational facilities (ap) to maintain the recreational facilities and facilities ancillary thereto within the Development in good and substantial repair and condition and operate the recreational facilities to the satisfaction of the Director of Lands in compliance with Special Condition No.(36) of the Conditions. To remove dogs and animals (aq) to remove any dog, live poultry or other animals in any part of the Development if the same shall be kept in breach of any provision of this Deed or to refer the matter to the police (if appropriate). To inspect and give notice for want of repair and maintenance (ar) upon default of the Owner in repairing and/or maintaining and/or replacing the plumbing and drainage facilities and/or any other services and facilities or any part or parts of his Unit the repair and/or maintenance and/or replacement of which is such Owner’s responsibility under this Deed, the Manager may (but without being obliged to) enter at all reasonable times on written notice (except in case of emergency) into all parts of the Development for the purpose of inspection and to give notice requesting such Owner to replace or repair at the expenses of the Owner concerned any part or parts of the plumbing and drainage facilities and any other part or parts of the Unit for which want of repair and maintenance shall be discovered. To grant licences (as) subject to the rights of the Registered Owner under Clause (9)(a) of Section I hereof and also subject to the approval of the Owners’ resolution passed at an Owners’ meeting convened under this Deed, to grant licences to other person or persons to use such of the Common Areas and the Common Facilities and on such terms and conditions and for such consideration as the Manager shall in its absolute discretion think fit PROVIDED FURTHER THAT the exercise of such right shall be subject to the rights and privileges of F.S.I. and shall not in anyway affect and prejudice the rights easements and privileges reserved to F.S.I. in this Deed and the Conditions AND PROVIDED FURTHER THAT the exercise of the right conferred under this clause shall not contravene the provisions of the Conditions and shall not interfere with the other Owners’ right to hold, use, occupy and enjoy their units nor impede access to thecondition.