Common use of Damage to Development Clause in Contracts

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

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

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

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

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

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

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

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

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