Common use of Control and operation and administration of Common Parts Clause in Contracts

Control and operation and administration of Common Parts. (a) To, without prejudice to the Owners’ right under paragraph 1 of Part A of Schedule 2 and subject to the provisions of this Deed, the Land Grant and the Ordinance, have exclusive control over the Common Parts and to generally administer and manage the Common Parts. (b) To operate the Common Parts in such manner as the Manager reasonably deems fit. (c) To comply with and ensure compliance with all laws and provisions of the Land Grant which are applicable to the Common Parts and the Land as a whole. (d) To regulate pedestrian traffic in the Common Parts. (e) To prevent obstruction of the Common Parts. (f) If any article or vehicle is causing obstruction of the Common Parts or is brought onto or remains in the Common Parts in contravention of this Deed or the Development Rules or parking fees payable in respect of any vehicle parked in areas comprised in the Common Parts have not been paid, to: (i) remove and impound the article or vehicle concerned; (ii) recover from the Owner who or whose tenant, licensee or visitor has brought the article onto the Common Parts (in this paragraph 4(f), the “Defaulting Owner”) all costs and expenses incurred by the Manager in the removal and impoundment and (as the case may be) the parking fees in default and other penalties and charges; (iii) pending the recovery of such costs, expenses, parking fees, penalties and charges, claim a lien on the article or vehicle; and (iv) if these amounts are not paid within a time which the Manager may reasonably determine, dispose of the article or vehicle in such manner as the Manager may reasonably decide and apply the proceeds towards payment of the amounts secured by the lien. (g) To take all steps which the Manager reasonably considers appropriate for preventing any person from doing anything which may damage or interfere with the Common Parts or the normal functioning thereof. (h) To remove from the Common Parts any person who fails to comply with those of the Development Rules governing the use of the Common Parts or the conduct of any person using or present in the Common Parts. (i) To charge as the Manager reasonably deems fit a fee for the entry into and/or use of the Recreational Facilities (or any part thereof) Provided that all fees so received shall form part of the Management Funds. (j) Subject to the Land Grant, the law, this Deed (in particular Clause 8.4) and without prejudice to other rights and powers of the Manager, to carry out such works or other activities to or in the Common Parts in accordance with a resolution of the Owners’ Committee. (k) To suspend, close or shut down the Common Parts for repairing or replacement which the Manager reasonably deems necessary provided that the Owners' access to their own Units shall not be unreasonably impeded or restricted due to such suspension, closure or shut down of the Common Parts and that prior reasonable notice shall be given to the Owners (except in an emergency when no notice is required) .

Appears in 2 contracts

Samples: Deed of Mutual Covenant and Management Agreement, Deed of Mutual Covenant and Management Agreement

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Control and operation and administration of Common Parts. (a) To, without prejudice to the Owners’ right under paragraph 1 of Part A of Schedule 2 and subject to the provisions of this Deed, the Land Grant and the Ordinance, To have exclusive control over the Common Parts and to generally administer and manage the Common Parts. (b) To operate the Common Parts in such manner as the Manager reasonably deems fit. (c) To comply with and ensure compliance with all laws and provisions of the Land Grant which are applicable to the Common Parts and Parts, the Land as a wholewhole or the Green Area as referred to in Special Condition No.(3) (to the extent that the Green Area has not been re-delivered to the Government in accordance with the Land Grant). (d) To regulate pedestrian traffic in the Common PartsParts (including without limitation to erect traffic signs (either permanent or temporary) similar to those in use in Hong Kong). (e) To prevent obstruction of the Common Parts. (f) If any article or vehicle is is, in the Manager’s opinion, causing obstruction of the Common Parts or is brought onto or remains in the Common Parts in contravention of this Deed or the Development Rules or parking fees payable (subject to review from time to time by the Manager) in respect of any vehicle parked in areas comprised in the Common Parts have not been paid, to: (i) remove and impound the article or vehicle concerned; (ii) recover from the Owner who or whose tenant, licensee or visitor has brought the article onto the Common Parts (in this paragraph 4(f), the “Defaulting Owner”) all costs and expenses incurred by the Manager in the removal and impoundment and (as the case may be) the parking fees in default and other penalties and charges; (iii) pending the recovery of such costs, expenses, parking fees, penalties and charges, claim a lien on the article or vehicle; and; (iv) if these amounts are not paid within a time which the Manager may reasonably in its absolute discretion determine, dispose of the article or vehicle in such manner as the Manager may reasonably decide and apply the proceeds towards payment of the amounts secured by the lien. (g) To take all steps which the Manager reasonably considers appropriate for preventing any person from doing anything which may damage or interfere with the Common Parts or the normal functioning thereof. (h) To remove from the Common Parts any person who fails to comply with those of the Development Rules governing the use of the Common Parts or the conduct of any person using or present in the Common Parts. (i) To charge as the Manager reasonably deems fit a fee for the entry into and/or use of the Recreational Facilities (or any part thereof) Provided that all fees so received shall form part of the Management Funds. (j) Subject to the Land Grant, the law, this Deed (in particular Clause 8.4) and without prejudice to other rights and powers of the Manager, to carry out such works or other activities to or in the Common Parts in accordance with a resolution of the Owners’ Committee. (k) To suspend, close or shut down the Common Parts for repairing or replacement which the Manager reasonably deems necessary provided that the Owners' access to their own Units shall not be unreasonably impeded or restricted due to such suspension, closure or shut down of the Common Parts and that prior reasonable notice shall be given to the Owners (except in an emergency when no notice is required) .in

Appears in 1 contract

Samples: Deed of Mutual Covenant and Management Agreement

Control and operation and administration of Common Parts. (a) To, without prejudice to the Owners’ right under paragraph 1 of Part A of Schedule 2 and subject to the provisions of this Deed, the Land Grant and the Ordinance, To have exclusive control over the Common Parts and to generally administer and manage the Common PartsParts (including Works and Installations forming part thereof). (b) To operate the Common Parts in such manner as the Manager reasonably deems fit. (c) To comply with and ensure compliance with all laws and provisions of the Land Grant which are applicable to the Common Parts and or the Land as a wholewhole (including without limitation provisions in the Land Grant relating to the Yellow Area). (d) To regulate pedestrian traffic in the Common Parts. (e) To prevent obstruction of the Common Parts. (f) If any article or vehicle is is, in the Manager’s opinion, causing obstruction of the Common Parts or is brought onto or remains in the Common Parts in contravention of this Deed or the Development Rules or parking fees payable in respect of any vehicle parked in areas comprised in the Common Parts have not been paid, to: (i) remove and impound the article or vehicle concerned; (ii) recover from the Owner who or whose tenant, licensee or visitor has brought the article or vehicle onto the Common Parts (in this paragraph 4(f), the “Defaulting Owner”) all costs and expenses incurred by the Manager in the removal and impoundment and (as the case may be) the parking fees in default and other penalties and charges; (iii) pending the recovery of such costs, expenses, parking fees, penalties and charges, claim a lien on the article or vehicle; and (iv) if these amounts are not paid within a time which the Manager may reasonably in its absolute discretion determine, dispose of the article or vehicle in such manner as the Manager may reasonably decide and apply the proceeds towards payment of the amounts secured by the lien; Provided That the Defaulting Owner shall indemnify the Manager, its employees, agents and contractors and keep them fully indemnified for any losses incurred in exercising the Manager’s powers under this paragraph 4(f). (g) To take all steps which the Manager reasonably considers appropriate for preventing any person from doing anything which may damage or interfere with the Common Parts or the normal functioning thereof. (h) To remove from the Common Parts any person who fails to comply with those of the Development Rules governing the use of the Common Parts or the conduct of any person using or present in the Common Parts. (i) To charge as the Manager reasonably deems fit a fee for the entry into and/or use of the Recreational Facilities (or any part thereof) Provided that all fees so received shall form part of the Management Funds. (j) Subject to the Land Grant, the law, this Deed (in particular law and Clause 8.4) 8.4 and without prejudice to other rights and powers of the Manager, to carry out such works or other activities to or in the Common Parts in accordance with a resolution of the Owners’ Committee. (k) To temporarily suspend, close or shut down the Common Parts for repairing or replacement which the Manager reasonably deems necessary provided that the Owners' access to their own Units shall not be unreasonably impeded or restricted due to such suspension, closure or shut down of the Common Parts and that prior reasonable notice shall be given to the Owners (except in an emergency when no notice is required) necessary.

Appears in 1 contract

Samples: Deed of Mutual Covenant and Management Agreement

Control and operation and administration of Common Parts. (a) To, without prejudice to the Owners’ right under paragraph 1 of Part A of Schedule 2 and subject to the provisions of this Deed, the Land Grant and the Ordinance, have exclusive control over the Common Parts and to generally administer and manage the Common Parts. (b) To operate the Common Parts in such manner as the Manager reasonably deems fit. (c) To comply with and ensure compliance with all laws and provisions of the Land Grant which are applicable to the Common Parts and or the Land as a wholewhole (including without limitation provisions in the Land Grant relating to the Sewage Facilities or the Green Area). (d) To regulate pedestrian traffic in the Common Parts. (e) To prevent obstruction of the Common Parts. (f) If any article or vehicle is causing obstruction of the Common Parts or is brought onto or remains in the Common Parts in contravention of this Deed or the Development Rules or parking fees payable in respect of any vehicle parked in areas comprised in the Common Parts have not been paid, to: (i) remove and impound the article or vehicle concerned; (ii) recover from the Owner who or whose tenant, licensee or visitor has brought the article onto the Common Parts (in this paragraph 4(f), the “Defaulting Owner”) all costs and expenses incurred by the Manager in the removal and impoundment and (as the case may be) the parking fees in default and other penalties and charges; (iii) pending the recovery of such costs, expenses, parking fees, penalties and charges, claim a lien on the article or vehicle; and (iv) if these amounts are not paid within a time which the Manager may reasonably determine, dispose of the article or vehicle in such manner as the Manager may reasonably decide and apply the proceeds towards payment of the amounts secured by the lien. (g) To take all steps which the Manager reasonably considers appropriate for preventing any person from doing anything which may damage or interfere with the Common Parts or the normal functioning thereof. (h) To remove from the Common Parts any person who fails to comply with those of the Development Rules governing the use of the Common Parts or the conduct of any person using or present in the Common Parts. (i) To charge as the Manager reasonably deems fit a fee for the entry into and/or use of the Recreational Facilities (or any part thereof) Provided that all fees so received shall form part of the Management Funds. (j) Subject to the Land Grant, the law, law and this Deed (in particular particular, Clause 8.4) and without prejudice to other rights and powers of the Manager, to carry out such works or other activities to or in the Common Parts in accordance with a resolution of the Owners’ Committee. (k) To suspend, close or shut down the Common Parts for repairing or replacement which the Manager reasonably deems necessary provided that the Provided That Owners' access to their own Units shall not in any case be unreasonably impeded or restricted due to such suspension, closure or shut shutting down of the Common Parts and that prior reasonable notice shall be given to the Owners. (l) To operate or contract for the operation of concierge services for the use and benefit of the Owners and residents for the time being of the Development and charge as the Manager reasonably deems fit a fee for the same. (except m) To maintain and keep the landscaped works in an emergency when no notice is required) a safe, clean, neat, tidy and healthy condition all to the satisfaction of the Director of Lands.

Appears in 1 contract

Samples: Deed of Mutual Covenant and Management Agreement

Control and operation and administration of Common Parts. (a) To, without prejudice to the Owners’ right under paragraph 1 of Part A of Schedule 2 and subject to the provisions of this Deed, the Land Grant and the Ordinance, To have exclusive control over the Common Parts and to generally administer and manage the Common PartsParts (including Works and Installations and Noise Mitigation Measures forming part thereof). (b) To operate the Common Parts in such manner as the Manager reasonably deems fit. (c) To comply with and ensure compliance with all laws and provisions of the Land Grant which are applicable to the Common Parts and or the Land as a wholewhole (including without limitation provisions in the Land Grant relating to the Green Hatched Black Areas). (d) To regulate pedestrian traffic in the Common Parts. (e) To prevent obstruction of the Common Parts. (f) If any article or vehicle is is, in the Manager’s opinion, causing obstruction of the Common Parts or is brought onto or remains in the Common Parts in contravention of this Deed or the Development Rules or parking fees payable in respect of any vehicle parked in areas comprised in the Common Parts have not been paid, to: (i) remove and impound the article or vehicle concerned; (ii) recover from the Owner who or whose tenant, licensee or visitor has brought the article or vehicle onto the Common Parts (in this paragraph 4(f), the “Defaulting Owner”) all costs and expenses incurred by the Manager in the removal and impoundment and (as the case may be) the parking fees in default and other penalties and charges; (iii) pending the recovery of such costs, expenses, parking fees, penalties and charges, claim a lien on the article or vehicle; and (iv) if these amounts are not paid within a time which the Manager may reasonably in its absolute discretion determine, dispose of the article or vehicle in such manner as the Manager may reasonably decide and apply the proceeds towards payment of the amounts secured by the lien; Provided That the Defaulting Owner shall indemnify the Manager, its employees, agents and contractors and keep them fully indemnified for any losses incurred in exercising the Manager’s powers under this paragraph 4(f). (g) To take all steps which the Manager reasonably considers appropriate for preventing any person from doing anything which may damage or interfere with the Common Parts or the normal functioning thereof. (h) To remove from the Common Parts any person who fails to comply with those of the Development Rules governing the use of the Common Parts or the conduct of any person using or present in the Common Parts. (i) To charge as the Manager reasonably deems fit a fee for the entry into and/or use of the Recreational Facilities (or any part thereof) Provided that all fees so received shall form part of the Management Funds. (j) Subject to the Land Grant, the law, this Deed (in particular law and Clause 8.4) 8.4 and without prejudice to other rights and powers of the Manager, to carry out such works or other activities to or in the Common Parts in accordance with a resolution of the Owners’ Committee. (k) To temporarily suspend, close or shut down the Common Parts for repairing or replacement which the Manager reasonably deems necessary provided that the Owners' access to their own Units shall not be unreasonably impeded or restricted due to such suspension, closure or shut down of the Common Parts and that prior reasonable notice shall be given to the Owners (except in an emergency when no notice is required) necessary.

Appears in 1 contract

Samples: Deed of Mutual Covenant and Management Agreement

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Control and operation and administration of Common Parts. (a) To, without prejudice to the Owners’ right under paragraph 1 of Part A of Schedule 2 and subject to the provisions of this Deed, the Land Grant and the Ordinance, To have exclusive control over the Common Parts and to generally administer and manage the Common Parts (including the Works and Installations forming part of the Common Parts). (b) To operate the Common Parts in such manner as the Manager reasonably deems fit. (c) To comply with and ensure compliance with all laws and provisions of the Land Grant which are applicable to the Common Parts and or the Land as a wholewhole (including without limitation provisions in the Land Grant relating to the Green Area). (d) To regulate pedestrian traffic in the Common Parts. (e) To prevent obstruction of the Common Parts. (f) If any article or vehicle is is, in the Manager’s opinion, causing obstruction of the Common Parts or is brought onto or remains in the Common Parts in contravention of this Deed or the Development Rules or parking fees payable in respect of any vehicle parked in areas comprised in the Common Parts have not been paid, to: (i) remove and impound the article or vehicle concerned; (ii) recover from the Owner who or whose tenant, licensee or visitor has brought the article or vehicle onto the Common Parts (in this paragraph 4(f), the “Defaulting Owner”) all costs and expenses incurred by the Manager in the removal and impoundment and (as the case may be) the parking fees in default and other penalties and charges; (iii) pending the recovery of such costs, expenses, parking fees, penalties and charges, claim a lien on the article or vehicle; and (iv) if these amounts are not paid within a time which the Manager may reasonably in its absolute discretion determine, dispose of the article or vehicle in such manner as the Manager may reasonably decide and apply the proceeds towards payment of the amounts secured by the lien; Provided That the Defaulting Owner shall indemnify the Manager, its employees, agents and contractors and keep them fully indemnified for any losses incurred in exercising the Manager’s powers under this paragraph 4(f). (g) To take all steps which the Manager reasonably considers appropriate for preventing any person from doing anything which may damage or interfere with the Common Parts or the normal functioning thereof. (h) To remove from the Common Parts any person who fails to comply with those of the Development Rules governing the use of the Common Parts or the conduct of any person using or present in the Common Parts. (i) To charge as the Manager reasonably deems fit a fee for the entry into and/or use of the Recreational Facilities (or any part thereof) Provided that all fees so received shall form part of the Management Funds. (j) Subject to the Land Grant, the law, this Deed (in particular law and Clause 8.4) 8.4 and without prejudice to other rights and powers of the Manager, to carry out such works or other activities to or in the Common Parts in accordance with a resolution of the Owners’ Committee. (k) To temporarily suspend, close or shut down the Common Parts for repairing or replacement which the Manager reasonably deems necessary provided that the Owners' access to their own Units shall not be unreasonably impeded or restricted due to such suspension, closure or shut down of the Common Parts and that prior reasonable notice shall be given to the Owners (except in an emergency when no notice is required) necessary.

Appears in 1 contract

Samples: Deed of Mutual Covenant and Management Agreement

Control and operation and administration of Common Parts. (a) To, without prejudice to the Owners’ right under paragraph 1 of Part A of Schedule 2 and subject to the provisions of this Deed, the Land Grant and the Ordinance, To have exclusive control over the Common Parts (including for the avoidance of doubt those areas coloured yellow and edged with broken xxxxx lines on the Plans, which said areas are for maintenance access) and to generally administer and manage the Common PartsParts (including for the avoidance of doubt those areas coloured yellow and edged with broken xxxxx lines on the Plans, which said areas are for maintenance access). (b) To operate the Common Parts in such manner as the Manager reasonably deems fit. (c) To comply with and ensure compliance with all laws and provisions of the Land Grant which are applicable to the Common Parts and or the Land as a whole, including without limitation the provisions of the Land Grant relating to the Public Access as referred to in Special Condition No.(33)(b). (d) To regulate pedestrian traffic in the Common Parts. (e) To prevent obstruction of the Common Parts. (f) If any article or vehicle is is, in the Manager’s opinion, causing obstruction of the Common Parts or is brought onto or remains in the Common Parts in contravention of this Deed or the Development Rules or parking fees payable in respect of any vehicle parked in areas comprised in the Common Parts have not been paid, to: (i) remove and impound the article or vehicle concerned; (ii) recover from the Owner who or whose tenant, licensee or visitor has brought the article onto the Common Parts (in this paragraph 4(f), the “Defaulting Owner”) all costs and expenses incurred by the Manager in the removal and impoundment and (as the case may be) the parking fees in default and other penalties and charges; (iii) pending the recovery of such costs, expenses, parking fees, penalties and charges, claim a lien on the article or vehicle; and (iv) if these amounts are not paid within a time which the Manager may reasonably in its absolute discretion determine, dispose of the article or vehicle in such manner as the Manager may reasonably decide and apply the proceeds towards payment of the amounts secured by the lien; Provided That the Defaulting Owner shall indemnify the Manager, its employees, agents and contractors and keep them fully indemnified for any losses incurred in exercising the Manager’s powers under this paragraph 4(f). (g) To take all steps which the Manager reasonably considers appropriate for preventing any person from doing anything which may damage or interfere with the Common Parts or the normal functioning thereof. (h) To remove from the Common Parts any person who fails to comply with those of the Development Rules governing the use of the Common Parts or the conduct of any person using or present in the Common Parts. (i) To charge as the Manager reasonably deems fit a fee for the entry into and/or use of the Recreational Facilities (or any part thereof) Provided that all fees so received shall form part of the Management Funds. (j) Subject to the Land Grant, the law, this Deed (in particular law and Clause 8.4) 8.4 and without prejudice to other rights and powers of the Manager, to carry out such works or other activities to or in the Common Parts in accordance with a resolution of the Owners’ Committee. (k) To suspend, close or shut down the Common Parts for repairing repairing, maintenance or replacement which the Manager reasonably deems necessary provided that the Owners' access to their own Units shall not be unreasonably impeded or restricted due to such suspension, closure or shut down of the Common Parts and that prior reasonable notice shall be given to the Owners (except in an emergency when no notice is required) necessary.

Appears in 1 contract

Samples: Deed of Mutual Covenant and Management Agreement

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