Damage to the works The contractor shall, from the commencement date of the works until the date of the certificate of practical completion, bear the full risk of and hereby indemnifies and hold harmless the employer against any damage to and/or destruction of the works consequent upon a catastrophic ground movement as mentioned above. The contractor shall take such precautions and security measures and other steps for the protection of the works as he may deem necessary. When so instructed to do so by the principal agent, the contractor shall proceed immediately to remove and/or dispose of any debris arising from damage to or destruction of the works and to rebuild, replace and/or repair the works, at the contractor’s own costs.
Damage to the. Yacht In the event of damage to the yacht, the Lessee shall give immediate notice thereof to E.G.G. In the event of damage not preventing the continued use of the yacht, the Lessee must return to the agreed port of return in good time, at least however 24 hours before the agreed date, so that the necessary repairs can be carried out and the follow-up charter is not impaired. In the event of serious damage – running aground, broken mast, or similar – the Lessee must prevent any further damage, notify E.G.G. without delay, wait for E.G.G.’s instructions, and then follow these instructions. Only in an extreme emergency may the Lessee accept being towed by another vessel. Before accepting the tow rope, the Lessee must agree upon the towing and/or salvage fee with the captain of the other vessel. This fee may not exceed the amounts fixed by International Law of the Sea. In the event of damage to or loss of the yacht or its equipment, the Lessee shall bear the costs thereof; however, not exceeding the security deposit (except in cases of gross negligence or intent). The loss of the dinghy and/or the outboard motor is not covered by the deposit and hull insurance. The security deposit will only be refunded after the yacht has been redelivered to the port of departure in proper condition. If it is necessary to make repairs or a replacement purchase, the security deposit will temporarily be withheld and be settled only after presentation of all invoices plus any additional expenses incurred.
Damage to the accommodation and security deposit
1. The Property Manager accepts that there will be reasonable wear and tear to their accommodation over time. However, if accommodation (or any part of it) is damaged during your stay, beyond reasonable wear and tear, you:
a. must immediately notify the Property Manager; and
b. will be liable in full for the costs of that damage. Therefore, you are strongly advised to take out insurance in relation to accidental damage. Note that we do not deduct the security deposit unless a successful claim has been made by the Property Manager.
2. The Property Manager must notify us or you within 48 hours after your departure if damage has been caused to the accommodation. We will also ask the Property Manager to provide evidence of any such damage. If the Property Manager does not make a notification within 48 hours, we will presume that any damage is not your fault, unless evidence suggests otherwise.
3. The Property Manager is permitted to charge you an end-of-stay cleaning fee as an additional cost. However, if the accommodation is heavily soiled and additional cleaning is required after your stay, you expressly authorise us to deduct from your security deposit (on behalf of the Property Manager), the reasonable costs of such cleaning from your payment card (provided that we notify you in advance that we are going to do so). If no deposit is taken during the booking process, you are required to settle payment via credit card or bank transfer.
4. You also expressly authorise us to deduct from your payment card (on behalf of the Property Manager) the cost of any damage to the accommodation and its contents, other than reasonable wear and tear, which occurred during your stay up to the value of the security deposit (provided that we notify you in advance that we are going to do so). Note that if the cost of your damage to the accommodation is greater than the value of the security deposit, you will still be fully liable to the Property Manager for the full cost of the damage. Any complaints you may have in relation to deductions made from the security deposit should be addressed in accordance with section I below.
Damage to the apartment/insurance
17.1 Should the Apartment be materially damaged or destroyed the Company shall be obliged as soon as practically possible to restore or rebuild it. The Shareholder shall, however, have no claim for damages or for cancellation of this agreement if as a result of such damage or destruction he is not able to occupy the Apartment nor shall he have any such claim against the Company by virtue of any other consequence of such damage or destruction. The Company shall be entitled when restoring or rebuilding the Apartment to alter the form or method of construction thereof, provided that the altered apartment shall be materially of the same dimensions and be materially in the same location on the Common Property as the previous apartment. In spite of the a foregoing provisions of this clause, the Company shall not be obliged in restoring or rebuilding any damaged or destroyed apartment to expend more than the amount received by the Company from its insurances under a claim lodged in respect of the said damage or destruction. The Company is obliged to restore or rebuild a damaged or destroyed apartment as set out in this clause 17.1in spite of the fact that the damage or destruction may have been caused by the fault of a shareholder. Without prejudice to any other rights which the Company may under such circumstances have against the Shareholder, the Company shall be entitled to claim from the Shareholder any damages suffered by it as a result of such damage or destruction caused by his fault.
17.2 The Company is obliged to keep all the apartments on the Property insured for their full replacement value from time to time against damage and/or destruction by fire and such other risks as dwellings are customarily insured against. The Company shall timeously pay the premiums and shall from time to time adjust the amount of the insurance cover if this is necessary to keep the apartments insured at all times for their full replacement value.
17.3 Should the Shareholder be precluded from occupying the Apartment during the Time Module due to it having been damaged or destroyed as contemplated in clause 11.1, the Company shall refund to the Shareholder his annual levy contribution (not including any special levy as contemplated in clause 9.3).
17.4 In the event of a dispute concerning any matter arising out of the provisions of clause 17.1, 17.2 or 17.3 the dispute will be decided by an architect appointed by the Company’s directors and his decision wil...
Damage to the roofing product due to causes beyond normal service and use including, but not limited to:
a. Wind velocities greater than 80 or 110 miles per hour depending on installation method. (High wind applications are available in excess of 110 miles per hour, but will require a high wind specification warranty. )
b. Impact of foreign objects, hail in greater diameter than 1-1/2” as determined by the National Weather Bureau, earthquake, flood, lightning, hurricane, tornado or other casualty or act of God
c. Improper storage or misuse of the roofing product.
Damage to the works The contractor shall, from the commencement date of the works until the date of the certificate of practical completion, bear the full risk of and hereby indemnifies and holds harmless the employer against any damage to and/or destruction of the works consequent upon a catastrophic ground movement as mentioned above. The contractor shall take such precautions and security measures and other steps for the protection of the works as he may deem necessary When so instructed to do so by the principal agent, the contractor shall proceed immediately to remove and/or dispose of any debris arising from damage to or destruction of the works and to rebuild, restore, replace and/or repair the works, at the contractor’s own costs 10.7.2 Injury to persons or loss of or damage to property Carried Forward Section No. 1 Preliminaries Bill No. 1 Preliminaries R R Brought Forward The contractor shall be liable for and hereby indemnifies and holds harmless the employer against any liability, loss, claim or proceeding arising at any time during the period of the contract whether arising in common law or by statute, consequent upon personal injuries to or the death of any person whomsoever resulting from, arising out of or caused by a catastrophic ground movement as mentioned above The contractor shall be liable for and hereby indemnifies the employer against any and all liability, loss, claim or proceeding consequent upon loss of or damage to any moveable, or immovable or personal property or property contiguous to the site, whether belonging to or under the control of the employer or any other body or person whomsoever arising out of or caused by a catastrophic ground movement, as mentioned above, which occurred during the period of the contract 10.
