Common use of EXCLUSIONS AND INDEMNITIES Clause in Contracts

EXCLUSIONS AND INDEMNITIES. The Manager, its servants, agents or contractors shall not be liable to the Owners or any of them or to any person or persons whomsoever whether claiming through, under or in trust for any Owner or otherwise, for or in respect of any act, deed, matter or thing done or omitted in pursuance or purported pursuance of the provisions of this Deed not being an act or omission involving criminal liability or dishonesty or negligence or wilful act and the Owners shall fully and effectually indemnify the Manager, its servants, agents or contractors from and against all actions, proceedings, claims and demands whatsoever arising directly or indirectly out of or in connection with the management of the Land and the Building or any such act, deed, matter or thing done or omitted as aforesaid and all costs and expenses in connection therewith. Without in any way limiting the generality of the foregoing, the Manager, its servants, agents or contractors shall not be held liable for any damage, loss or injury caused by or in any way arising out of:- (a) any defect in or failure or breakdown of any of the Common Areas and Facilities; or (b) any failure, malfunction or suspension of the supply of water, electricity, air-conditioning or other utility or service to the Land and the Building; or (c) fire or flooding or the overflow or leakage of water from anywhere whether within or outside the Land and the Building; or (d) the activity of termites, cockroaches, rats, mice or other pests or vermin; or (e) theft, burglary or robbery within the Land and the Building; or (f) any act of God, force majeure or circumstances beyond the control of the Manager; UNLESS it can be shown that such damage, loss or injury was caused by an act or omission of the Manager, its servants, agents or contractors involving criminal liability or dishonesty or negligence or wilful act and PROVIDED THAT the contribution to the Management Expenses or any other charges payable under this Deed or any part thereof shall not be abated or cease to be payable on account thereof.

EXCLUSIONS AND INDEMNITIES. 6.1 The Manager, its servantsemployees, agents or contractors shall not be liable to the Owners or any of them or to any person or persons whomsoever whether claiming through, under or in trust for any Owner or otherwise, for or in respect of any act, deed, matter or thing done or omitted in pursuance or purported pursuance of the provisions of this Deed or any Sub-Deed not being an act or omission involving criminal liability or liability, dishonesty or negligence or wilful act and on the Owners shall fully and effectually indemnify part of the Manager, its servantsemployees, agents or contractors from and against all actions, proceedings, claims and demands whatsoever arising directly or indirectly out of or in connection with the management of the Land and the Building or any such act, deed, matter or thing done or omitted as aforesaid and all costs and expenses in connection therewithcontractors. Without in any way limiting the generality of the foregoing, the Manager, its servantsemployees, agents or contractors shall not be held liable for any damage, loss or injury caused by or in any way arising out of:- (a) any defect in or failure or breakdown of any of the Common Areas and Facilities; or; (b) any failure, malfunction or suspension of the supply of water, electricity, air-conditioning electricity or other utility or service to the Land and the Building; orDevelopment; (c) fire or flooding or the overflow or leakage of water from anywhere whether within or outside the Land and the Building; orDevelopment; (d) the activity of termites, cockroaches, rats, mice or other pests or vermin; or (e) theft, burglary or robbery within the Land and the Building; or (f) any act of God, force majeure or circumstances beyond the control of the ManagerDevelopment; UNLESS it can be shown that such damage, loss or injury was caused by an act or omission involving criminal liability, dishonesty or negligence on the part of the Manager, its servantsemployees, agents or contractors involving criminal liability or dishonesty or negligence or wilful act and PROVIDED THAT the management contribution to the Management Expenses or any other charges payable under this Deed or any part thereof shall not be abated or cease to be payable on account thereof. 6.2 The Owners shall fully and effectually indemnify the Manager, its employees, agents or contractors from and against all actions, proceedings, claims and demands whatsoever arising directly or indirectly out of or in connection with any such act, deed, matter or thing done or omitted as aforesaid not being an act or omission involving criminal liability, dishonesty or negligence on the part of the Manager, its employees, agents or contractors and all costs and expenses in connection therewith. 6.3 Each Owner shall be responsible for and shall indemnify the Manager and the other Owners and occupiers against all actions, proceedings, claims and demands whatsoever arising out of or in respect of any loss or damage to any person or property caused by or as the result of the act or negligence of any occupier of his Unit or any person using his Unit with his express or implied consent or by, or through, or in any way owing to the fire, overflow of water or leakage of electricity or gas therefrom. 6.4 Each Owner shall be responsible for and shall indemnify the Manager and the other Owners and occupiers against the acts and omissions of all persons occupying his Unit with his express or implied consent and to pay all costs, charges and expenses incurred in repairing or making good any loss or damage to the Development or any part or parts thereof or any of the Common Areas and Facilities therein or thereon caused by the act, neglect or default of all such persons. In the case of loss or damage which the Manager is empowered by these presents to make good or repair, such costs, charges and expenses shall be recoverable by the Manager and in the case of loss or damage suffered by other Owners or occupiers for which the Manager is not empowered by these presents or for which the Manager has in its reasonable discretion elected not to repair or make good, such costs, charges and expenses together with all other damages recoverable by law shall be recoverable by the person or persons sustaining the loss or damage.

EXCLUSIONS AND INDEMNITIES. 6.1 The Manager, its servants, agents or contractors Manager shall not be liable to the Owners' Committee or the Owners or any of them or to any person or persons whomsoever whether claiming through, under or in trust for any Owner or otherwise, for or in respect of any act, deed, matter or thing done or omitted in pursuance or purported pursuance of the provisions of this Deed or the instructions from the Owners' Committee or the Owners, not being an act or omission involving criminal liability or liability, dishonesty or negligence on the part of the Manager, its employees, agents or wilful act contractors, and the Owners shall fully and effectually indemnify the Manager, its servants, agents or contractors Manager from and against all actions, proceedings, claims and demands whatsoever arising directly or indirectly out of or in connection with the management of the Land and the Building or any such act, deed, matter or thing done or omitted as aforesaid not being an act or omission involving criminal liability, dishonesty or negligence on the part of the Manager, its employees, agents or contractors and all costs and expenses in connection therewith. For the avoidance of doubt, no Owner will be required to indemnify the Manager or its employees, agents or contractors from and against any action, proceeding, claim and demand whatsoever arising out of such act or omission. Without in any way limiting the generality of the foregoing, the Manager, its servants, agents or contractors Manager shall not be held liable for any damage, loss or injury caused by or in any way arising out of:-of (a) any defect in or failure or breakdown of any of the lifts, fire and security services equipment, air-conditioning indoor units and other facilities (if any) or the Common Areas and Facilities; Facilities of or in the Development, or (b) any failure, malfunction or suspension of the supply of water, electricity, air-conditioning electricity or other utility or service to the Land and the Building; Development, or (c) fire or flooding or the overflow or leakage of water from anywhere whether within or outside the Land and the Building; Development, or (d) the activity of termites, white ants, cockroaches, rats, mice or other pests or vermin; , or (e) theft, burglary or robbery within the Land and the BuildingDevelopment; or (f) any act of God, force majeure or circumstances beyond the control of the Manager; UNLESS it can be shown that such damage, loss or injury was caused by an act or omission of the Manager, its servantsemployees, agents or contractors involving criminal liability or dishonesty or negligence or wilful act and PROVIDED THAT the management contribution to the Management Expenses or any other charges payable under this Deed or any part thereof shall not be abated or cease to be payable on account thereof. 6.2 Each Owner shall be responsible for and shall indemnify the Manager and the other Owners and occupiers against all actions, proceedings, claims and demands whatsoever arising out of or in respect of any loss or damage to any person or property caused by or as the result of the act or negligence of any occupier of any Unit of which he has the exclusive use or any person using such Unit with his consent express or implied or by, or through, or in any way owing to the fire, overflow of water or leakage of electricity therefrom. 6.3 Each Owner shall be responsible for and shall indemnify the Manager and the other Owners and occupiers against the acts and omissions of all persons occupying any Unit of which he has the exclusive use with his consent, express or implied, and to pay all costs, charges and expenses incurred in repairing or making good any loss or damage to the Land or the Development or any part or parts thereof or any of the Common Areas and Facilities therein or thereon caused by the act, neglect or default of all such persons. In the case of loss or damage which the Manager is empowered by these presents to make good or repair, such costs, charges and expenses shall be recoverable by the Manager and in the case of loss or damage suffered by other Owners or occupiers for which the Manager is not empowered by these presents or for which the Manager has in its reasonable discretion elected not to repair or make good, such costs, charges and expenses together with all other damages recoverable by law shall be recoverable by the person or persons sustaining the loss or damage.

EXCLUSIONS AND INDEMNITIES. 6.1 The Manager, Manager and its servants, agents or contractors employees shall not be liable to the Owners’ Committee or the Owners or any of them or to any person or persons whomsoever whether claiming through, under or in trust for any Owner or otherwise, for or in respect of any act, deed, matter or thing done or omitted in pursuance or purported pursuance of the provisions of this Deed or the instructions from the Owners’ Committee or the Owners, not being an act or omission involving criminal liability or liability, dishonesty or negligence or wilful act and on the Owners shall fully and effectually indemnify part of the Manager, its servantsemployees, agents or contractors from and against all actions, proceedings, claims and demands whatsoever arising directly or indirectly out of or in connection with the management of the Land and the Building or any such act, deed, matter or thing done or omitted as aforesaid and all costs and expenses in connection therewithcontractors. Without in any way limiting the generality of the foregoing, the Manager, Manager and its servants, agents or contractors employees shall not be held liable for any damage, loss or injury caused by or in any way arising out of:-of: - (a) any defect in or failure or breakdown of any of the lifts, fire and security services equipment, air-conditioning plants and other facilities (if any) or the Common Areas and FacilitiesFacilities of or in the Development; or (b) any failure, malfunction or suspension of the supply of water, electricity, air-conditioning electricity or other utility or service to the Land and the BuildingDevelopment; or (c) fire or flooding or the overflow or leakage of water from anywhere whether within or outside the Land and the BuildingDevelopment; or (d) the activity of termites, cockroaches, rats, mice or other pests or vermin; or (e) theft, burglary or robbery within the Land and the Building; or (f) any act of God, force majeure or circumstances beyond the control of the ManagerDevelopment; UNLESS it can be shown that such damage, loss or injury was caused by an act or omission of the Manager, its servantsemployees, agents or contractors involving criminal liability or dishonesty or negligence or wilful act and PROVIDED THAT no owner will be required to indemnify the Manager or its employees, agents or contractors from and against any action, claim etc. arsing out of any act or omission involving criminal liability, dishonesty or negligence and PROVIDED FURTHER THAT the management contribution to the Management Expenses or any other charges payable under this Deed or any part thereof shall not be abated or cease to be payable on account thereof. 6.2 Each Owner shall be responsible for and shall indemnify the Manager, other Owners and occupiers against all actions, proceedings, claims and demands whatsoever arising out of or in respect of any loss or damage to any person or property caused by or as the result of the act or negligence of any Owner or any occupier of any Unit of which he has the exclusive use or any person using such Unit with his consent express or implied or by, or through, or in any way owing to the fire, overflow of water or leakage of electricity or gas therefrom. 6.3 Each Owner shall be responsible for and shall indemnify the Manager, other Owners and occupiers against the acts and omissions of all persons occupying any Unit of which he has the exclusive use with his consent, express or implied, and to pay all costs, charges and expenses incurred in repairing or making good any loss or damage to the Development or any part or parts thereof or any of the Common Areas and Facilities therein or thereon caused by the act, neglect or default of all such persons. In the case of loss or damage which the Manager is empowered by these presents to make good or repair, such costs, charges and expenses shall be recoverable by the Manager and in the case of loss or damage suffered by other Owners or occupiers for which the Manager is not empowered by this Deed and any Sub-Deed(s) or for which the Manager has in its reasonable discretion elected not to repair or make good, such costs, charges and expenses together with all other damages recoverable by law shall be recoverable by the person or persons sustaining the loss or damage.

EXCLUSIONS AND INDEMNITIES. (a) The Manager, its servantsemployees, agents or contractors shall not be liable to the Owners or any of them or to any person or persons whomsoever whether claiming through, under or in trust for any Owner or otherwise, for or in respect of any act, deed, matter or thing done or omitted in pursuance or purported pursuance of the provisions of this Deed not being an PROVIDED THAT nothing in this Deed shall exclude the liability of the Manager to the Owners for any act or omission involving criminal liability or liability, dishonesty or negligence or wilful act and on the Owners shall fully and effectually indemnify part of the Manager, its servantsemployees, agents or contractors from and against all actions, proceedings, claims and demands whatsoever arising directly or indirectly out of or in connection with the management of the Land and the Building or any such act, deed, matter or thing done or omitted as aforesaid and all costs and expenses in connection therewith. contractors. (b) Without in any way limiting the generality of the foregoingsub-clause (a), the Manager, its servantsemployees, agents or contractors shall not be held liable for any damage, loss or injury caused by or in any way arising out of:-of :- (ai) any defect in or failure or breakdown of any of the Common Areas and Facilities; or (bii) any failure, malfunction or suspension of the supply of water, electricity, air-conditioning or other utility or service to the Land and the BuildingDevelopment; or (ciii) fire or flooding or the overflow or leakage of water from anywhere whether within or outside the Land and the BuildingDevelopment; or (div) the activity of termites, cockroaches, rats, mice or other pests or vermin; or (ev) theft, burglary or robbery within the Land and the BuildingDevelopment; or (fvi) any act of God, force majeure or circumstances beyond the control of the Manager; UNLESS it can be shown that such damage, loss or injury was caused by an any act or omission involving criminal liability, dishonesty or negligence on the part of the Manager, its servantsemployees, agents or contractors involving criminal liability or dishonesty or negligence or wilful act and PROVIDED THAT the contribution to the Management Expenses or any other charges payable under this Deed or any part thereof shall not be abated or cease to be payable on account thereof. (c) Notwithstanding any other provisions of this Deed, no Owner shall be required to indemnify the Manager, its employees, agents or contractors from and against any action, claim, etc. arising out of any act or omission involving criminal liability, dishonesty or negligence on the part of the Manager, its employees, agents or contractors.

EXCLUSIONS AND INDEMNITIES. 6.1 The ManagerManager shall be liable to the Owners for any act or omission involving criminal liability, dishonesty or negligence on the part of the Manager or its servantsemployees, agents or contractors and no Owner will be required to indemnify the Manager or its employees, agents or contractors from and against any action, claim etc. arising out of any such act or omission. 6.2 Subject to Clause 6.1, the Manager shall not be liable to the Owners’ Committee or the Owners or any of them or to any person or persons whomsoever whether claiming through, under or in trust for any Owner or otherwise, for or in respect of any act, deed, matter or thing done or omitted in pursuance or purported pursuance of the provisions of this Deed or the instructions from the Owners’ Committee or the Owners, not being an act or omission involving criminal liability or liability, dishonesty or negligence or wilful act and on the Owners shall fully and effectually indemnify part of the Manager, its servantsemployees, agents or contractors from and against all actions, proceedings, claims and demands whatsoever arising directly or indirectly out of or in connection with the management of the Land and the Building or any such act, deed, matter or thing done or omitted as aforesaid and all costs and expenses in connection therewithcontractors. Without in any way limiting the generality of the foregoing, the Manager, its servants, agents or contractors Manager shall not be held liable for any damage, loss or injury caused by or in any way arising out of:-of (a) any defect in or failure or breakdown of any of the lifts, fire and security services equipment, air-conditioning plants and other facilities (if any) or the Common Areas and Facilities; Facilities of or in the Development, or (b) any failure, malfunction or suspension of the supply of water, electricity, air-conditioning electricity or other utility or service to the Land and the Building; Development, or (c) fire or flooding or the overflow or leakage of water water, electricity and/or gas from anywhere whether within or outside the Land and the Building; Development, or (d) the activity of termites, cockroaches, rats, mice or other pests or vermin; , or (e) theft, burglary or robbery within the Land and the Building; or (f) any act of God, force majeure or circumstances beyond the control of the ManagerDevelopment; UNLESS it can be shown that such damage, loss or injury was caused by an act or omission of the Manager, its servantsemployees, agents or contractors involving criminal liability or dishonesty or negligence. 6.3 Subject to Clause 6.1, each Owner shall be responsible for and shall indemnify the other Owners and occupiers against all actions, proceedings, claims and demands whatsoever arising out of or in respect of any loss or damage to any person or property caused by or as the result of the act or negligence of any occupier of any Unit of which he has the exclusive use or wilful act and any person using such Unit with his consent express or implied or by, or through, or in any way owing to the fire, overflow of water or leakage of electricity or gas therefrom PROVIDED THAT where the contribution to the Management Expenses or any other charges payable under this Deed Government Accommodation or any part thereof is open to the public, the Owner of the Government Accommodation shall not be abated responsible for any act or cease to be payable on account negligence of any member of the public occupying or using such Government Accommodation or any part thereof. 6.4 Subject to Clause 6.1, each Owner shall be responsible for and shall indemnify the other Owners and occupiers against the acts and omissions of all persons occupying any Unit of which he has the exclusive use with his consent, express or implied, and to pay all costs, charges and expenses incurred in repairing or making good any loss or damage to the Development or any part or parts thereof or any of the Common Areas and Facilities therein or thereon caused by the act, neglect or default of all such persons PROVIDED THAT where the Government Accommodation or any part thereof is open to the public, the Owner of the Government Accommodation shall not be responsible for any act or negligence of any member of the public occupying or using such Government Accommodation or any part thereof. In the case of loss or damage which the Manager is empowered by these presents to make good or repair, such costs, charges and expenses shall be recoverable by the Manager and in the case of loss or damage suffered by other Owners or occupiers for which the Manager is not empowered by these presents or for which the Manager has in its reasonable discretion elected not to repair or make good, such costs, charges and expenses together with all other damages recoverable by law shall be recoverable by the person or persons sustaining the loss or damage.

EXCLUSIONS AND INDEMNITIES. 6.1 The Manager, its servants, agents or contractors Manager shall not be liable to the Owners' Committee or the Owners or any of them or to any person or persons whomsoever whether claiming through, under or in trust for any Owner or otherwise, for or in respect of any act, deed, matter or thing done or omitted in pursuance or purported pursuance of the provisions of this Deed or the instructions from the Owners' Committee or the Owners, not being an act or omission involving criminal liability or liability, dishonesty or negligence on the part of the Manager, its employees, agents or wilful act contractors, and the Owners shall fully and effectually no Owner will be required to indemnify the Manager, its servantsemployees, agents or contractors from and against all actionsany action, proceedings, claims and demands whatsoever arising directly or indirectly out of or in connection with the management of the Land and the Building or any such act, deed, matter act or thing done or omitted as aforesaid omission and all costs and expenses in connection therewith. Without in any way limiting the generality of the foregoing, the Manager, its servants, agents or contractors Manager shall not be held liable for any damage, loss or injury caused by or in any way arising out of:-of (a) any defect in or failure or breakdown of any of the lifts, fire and security services equipment, air-conditioning plants and other facilities (if any) or the Common Areas and FacilitiesFacilities of or in the Development; or (b) any failure, malfunction or suspension of the supply of water, electricity, air-conditioning electricity or other utility or service to the Land and the BuildingDevelopment; or (c) fire or flooding or the overflow or leakage of water from anywhere whether within or outside the Land and the BuildingDevelopment; or (d) the activity of termites, cockroaches, rats, mice or other pests or vermin; or (e) theft, burglary or robbery within the Land and the Building; or (f) any act of GodDevelopment, force majeure or circumstances beyond the control of the Manager; UNLESS it can be shown that such damage, loss or injury was caused by an act or omission of the Manager, its servantsemployees, agents or contractors involving criminal liability or dishonesty or negligence on the part of the Manager, its employees, agents or wilful contractors. 6.2 Each Owner shall be responsible for and shall indemnify the other Owners and occupiers against all actions, proceedings, claims and demands whatsoever arising out of or in respect of any loss or damage to any person or property caused by or as the result of the act and PROVIDED THAT or negligence of any occupier of any Unit of which he has the contribution exclusive use or any person using such Unit with his consent express or implied or by, or through, or in any way owing to the Management Expenses fire, overflow of water or leakage of electricity therefrom. 6.3 Each Owner shall be responsible for and shall indemnify the other Owners and occupiers against the acts and omissions of all persons occupying any other Unit of which he has the exclusive use with his consent, express or implied, and to pay all costs, charges payable under this Deed and expenses incurred in repairing or making good any loss or damage to the Development or any part or parts thereof or any of the Common Areas and Facilities therein or thereon caused by the act, neglect or default of all such persons. In the case of loss or damage which the Manager is empowered by these presents to make good or repair, such costs, charges and expenses shall be recoverable by the Manager and in the case of loss or damage suffered by other Owners or occupiers for which the Manager is not empowered by these presents or for which the Manager has in its reasonable discretion elected not to repair or make good, such costs, charges and expenses together with all other damages recoverable by law shall be abated recoverable by the person or cease to be payable on account thereofpersons sustaining the loss or damage.

EXCLUSIONS AND INDEMNITIES. 6.1 The Manager, its servants, agents or contractors Manager shall not be liable to the Owners’ Committee or the Owners or any of them or to any person or persons whomsoever whether claiming through, under or in trust for any Owner or otherwise, for or in respect of any act, deed, matter or thing done or omitted in pursuance or purported pursuance of the provisions of this Deed or the instructions from the Owners’ Committee or the Owners, not being an act or omission involving criminal liability or liability, dishonesty or negligence on the part of the Manager, its employees, agents or wilful act contractors, and the Owners shall fully and effectually indemnify the Manager, its servants, agents or contractors Manager from and against all actions, proceedings, claims and demands whatsoever arising directly or indirectly out of or in connection with the management of the Land and the Building or any such act, deed, matter or thing done or omitted as aforesaid not being an act or omission involving criminal liability, dishonesty or negligence on the part of the Manager, its employees, agents or contractors and all costs and expenses in connection therewith. Without in any way limiting the generality of the foregoing, the Manager, its servants, agents or contractors Manager shall not be held liable for any damage, loss or injury caused by or in any way arising out of:-of (a) any defect in or failure or breakdown of any of the lifts, fire and security services equipment, air-conditioning plants and other facilities (if any) or the Common Areas and Facilities; Facilities of or in the Development, or (b) any failure, malfunction or suspension of the supply of water, electricity, air-conditioning electricity or other utility or service to the Land and the Building; Development, or (c) fire or flooding or the overflow or leakage of water from anywhere whether within or outside the Land and the Building; Development, or (d) the activity of termites, cockroaches, rats, mice or other pests or vermin; , or (e) theft, burglary or robbery within the Land and the Building; or (f) any act of God, force majeure or circumstances beyond the control of the ManagerDevelopment; UNLESS it can be shown that such damage, loss or injury was caused by an act or omission of the Manager, its servantsemployees, agents or contractors involving criminal liability or dishonesty or negligence. 6.2 Each Owner shall be responsible for and shall indemnify the Manager and the other Owners and occupiers against all actions, proceedings, claims and demands whatsoever arising out of or in respect of any loss or damage to any person or property caused by or as the result of the act or negligence of any occupier of any Unit of which he has the exclusive use or wilful act and PROVIDED THAT the contribution any person using such Unit with his consent express or implied or by, or through, or in any way owing to the Management Expenses fire, overflow of water or leakage of electricity or gas therefrom. 6.3 Each Owner shall be responsible for and shall indemnify the Manager and the other Owners and occupiers against the acts and omissions of all persons occupying any other Unit of which he has the exclusive use with his consent, express or implied, and to pay all costs, charges payable under this Deed and expenses incurred in repairing or making good any loss or damage to the Development or any part or parts thereof or any of the Common Areas and Facilities therein or thereon caused by the act, neglect or default of all such persons. In the case of loss or damage which the Manager is empowered by these presents to make good or repair, such costs, charges and expenses shall be recoverable by the Manager and in the case of loss or damage suffered by other Owners or occupiers for which the Manager is not empowered by these presents or for which the Manager has in its reasonable discretion elected not to repair or make good, such costs, charges and expenses together with all other damages recoverable by law shall be abated recoverable by the person or cease to be payable on account thereofpersons sustaining the loss or damage.

EXCLUSIONS AND INDEMNITIES. The Manager, its servants, agents or contractors shall not be liable to the Owners or any of them or to any person or persons whomsoever whether claiming through, under or in trust for any Owner or otherwise, for or in respect of any act, deed, matter or thing done or omitted in pursuance or purported pursuance of the provisions of this Deed not being an act or omission involving criminal liability or dishonesty or negligence or wilful act and the Owners shall fully and effectually indemnify the Manager, its servants, agents or contractors from and against all actions, proceedings, claims and demands whatsoever arising directly or indirectly out of or in connection with the management of the Land and the Building or any such act, deed, matter or thing done or omitted as aforesaid and all costs and expenses in connection therewith. Without in any way limiting the generality of the foregoing, the Manager, its servants, agents or contractors shall not be held liable for any damagedamages, losses or injuries (including without limitation indirect or consequential damages and loss of profits or injury opportunities) caused by or in any way arising out of:- (a) any defect in or failure or breakdown of any of the Common Areas and Facilities; or (b) any failure, malfunction or suspension of the supply of water, electricity, air-conditioning or other utility or service to the Land and the Building; or (c) fire or flooding or the overflow or leakage of water from anywhere whether within or outside the Land and the Building; or (d) the activity of termites, cockroaches, rats, mice or other pests or vermin; or (e) theft, burglary or robbery within the Land and the Building; or (f) any act of God, force majeure or circumstances beyond the control of the Manager; or (g) any act, deed, matter or thing done or omitted in pursuance or purported pursuance of the provisions of this Deed, UNLESS it can be shown that such damage, loss or injury was caused by an act or omission of the Manager, its servants, agents or contractors involving criminal liability or dishonesty or negligence or wilful act and PROVIDED THAT the contribution to the Management Expenses or any other charges payable under this Deed or any part thereof shall not be abated or cease to be payable on account thereof.

EXCLUSIONS AND INDEMNITIES. (a) The Manager shall be liable for any act or omission involving criminal liability, dishonesty or negligence on the part of the Manager, its servantsemployees, agents or contractors and no Owner shall be required to indemnify the Manager or its employees, agents or contractors from and against any action, claim, etc. arising out of any such act or omission. (b) Subject to Clause 6.1(a) of this Deed, the Manager, its employees, agents or contractors shall not be liable to the Owners' Committee or the Owners or any of them or to any person or persons whomsoever whether claiming through, under or in trust for any Owner or otherwise, for or in respect of any act, deed, matter or thing done or omitted in pursuance or purported pursuance of the provisions of this Deed or the instructions from the Owners' Committee or the Owners, not being an act or omission involving criminal liability or liability, dishonesty or negligence on the part of the Manager, its employees, agents or wilful act contractors, and the Owners shall fully and effectually be required to indemnify the Manager, its servants, agents or contractors Manager from and against all actions, proceedings, claims and demands whatsoever arising directly or indirectly out of or in connection with the management of the Land and the Building or any such act, deed, matter or thing done or omitted as aforesaid not being an act or omission involving criminal liability, dishonesty or negligence on the part of the Manager, its employees, agents or contractors and all costs and expenses in connection therewith. Without in any way limiting the generality of the foregoing, the Manager, its servants, agents or contractors Manager shall not be held liable for any damage, loss or injury caused by or in any way arising out of:-of (ai) any defect in or failure or breakdown of any of the lifts, fire and security services equipment, air-conditioning plants and other facilities (if any) or the Common Areas and Facilities; Facilities of or in the Development, or (bii) any failure, malfunction or suspension of the supply of water, electricity, air-conditioning electricity or other utility or service to the Land and the Building; Development, or (ciii) fire or flooding or the overflow or leakage of water from anywhere whether within or outside the Land and the Building; Development, or (div) the activity of termites, cockroaches, rats, mice or other pests or vermin; , or (ev) theft, burglary or robbery within the Land and the Building; or (f) any act of GodDevelopment, force majeure or circumstances beyond the control of the Manager; UNLESS it can be shown that such damage, loss or injury was caused by an act or omission of the Manager, its servantsemployees, agents or contractors involving criminal liability or dishonesty or negligence or wilful act and PROVIDED THAT the management contribution to the Management Expenses or any other charges payable under this Deed or any part thereof shall not be abated or cease to be payable on account thereof. 6.2 Each Owner shall be responsible for and shall indemnify the Manager and the other Owners and occupiers against all actions, proceedings, claims and demands whatsoever arising out of or in respect of any loss or damage to any person or property caused by or as the result of the act or negligence of any occupier of any Unit of which he has the exclusive use or any person using such Unit with his consent express or implied or by, or through, or in any way owing to the fire, overflow of water or leakage of electricity therefrom. 6.3 Each Owner shall be responsible for and shall indemnify the Manager and the other Owners and occupiers against the acts and omissions of all persons occupying any Unit of which he has the exclusive use with his consent, express or implied, and to pay all costs, charges and expenses incurred in repairing or making good any loss or damage to the Development or any part or parts thereof or any of the Common Areas and Facilities therein or thereon caused by the act, neglect or default of all such persons. In the case of loss or damage which the Manager is empowered by these presents to make good or repair, such costs, charges and expenses shall be recoverable by the Manager and in the case of loss or damage suffered by other Owners or occupiers for which the Manager is not empowered by these presents or for which the Manager has in its reasonable discretion elected not to repair or make good, such costs, charges and expenses together with all other damages recoverable by law shall be recoverable by the person or persons sustaining the loss or damage.

EXCLUSIONS AND INDEMNITIES. The Manager, its servants, agents or contractors shall not be liable to the Owners or any of them or to any person or persons whomsoever whether claiming through, under or in trust for any Owner or otherwise, for or in respect of any act, deed, matter or thing done or omitted in pursuance or purported pursuance of the provisions of this Deed not being an act or omission involving criminal liability or dishonesty or negligence or wilful act and the Owners shall fully and effectually indemnify the Manager, its servants, agents or contractors from and against all actions, proceedings, claims and demands whatsoever arising directly or indirectly out of or in connection with the management of the Land and the Building or any such act, deed, matter or thing done or omitted as aforesaid and all costs and expenses in connection therewiththerewith Provided That nothing in this Deed shall be construed to exclude the liability of the Manager to the Owners for any act or omission involving criminal liability, dishonesty or negligence on the part of the Manager or its servant, agent or contractors and no Owner shall be required to indemnify the Manager or its servant, agent or contractors from and against any action or claim arising out of any such act or omission. Without in any way limiting the generality of the foregoing, the Manager, its servants, agents or contractors shall not be held liable for any damage, loss or injury caused by or in any way arising out of:- of :- (a) any defect in or failure or breakdown of any of the Common Areas and Facilities; or , or (b) any failure, malfunction or suspension of the supply of water, electricity, air-conditioning electricity or other utility or service to the Land Lot and the Building; or Estate, or (c) fire or flooding or the overflow or leakage of water from anywhere whether within or outside the Land Lot and the Building; or Estate, or (d) the activity of termites, cockroaches, rats, mice or other pests or vermin; or , or (e) theft, burglary or robbery within the Land Lot and the Building; or (f) any act of God, force majeure or circumstances beyond the control of the ManagerEstate; UNLESS it can be shown that such damage, loss or injury was caused by an act or omission of the Manager, its servants, agents or contractors involving criminal liability or dishonesty or negligence or wilful act and PROVIDED THAT the contribution to the Management Expenses or any other charges payable under this Deed or any part thereof shall not be abated or cease to be payable on account thereof.

EXCLUSIONS AND INDEMNITIES. 44. The Manager, its employees, servants, agents or contractors shall not be liable to the Owners or any of them or to any person or persons whomsoever whether claiming through, under or in trust for any Owner or otherwise, for or in respect of any act, deed, matter or thing done or omitted in pursuance or purported pursuance of the provisions of this Deed or any Sub-Deed not being an act or omission involving criminal liability or dishonesty or negligence or wilful act and the Owners shall fully and effectually indemnify the Manager, its employees, servants, agents or contractors from and against all actions, proceedings, claims and demands whatsoever arising directly or indirectly out of or in connection with the management of the Land and the Building or any such act, deed, matter or thing done or omitted as aforesaid and all costs and expenses in connection therewiththerewith Provided That nothing in this Deed shall be construed to exclude the liability of the Manager to the Owners for any act or omission involving criminal liability, dishonesty or negligence on the part of the Manager or its employees, servant, agent or contractors and no Owner shall be required to indemnify the Manager or its employees, servant, agent or contractors from and against any action or claim arising out of any such act or omission. Without in any way limiting the generality of the foregoing, the Manager, its employees, servants, agents or contractors shall not be held liable for any damage, loss or injury caused by or in any way arising out of:-of :- (a) any defect in or failure or breakdown of any of the Common Areas and Facilities; , or (b) any failure, malfunction or suspension of the supply of water, electricity, air-conditioning electricity or other utility or service to the Land Lot and the Building; Estate, or (c) fire or flooding or the overflow or leakage of water from anywhere whether within or outside the Land Lot and the Building; Estate, or (d) the activity of termites, cockroaches, rats, mice or other pests or vermin; , or (e) theft, burglary or robbery within the Land Lot and the Building; or (f) any act of God, force majeure or circumstances beyond the control of the ManagerEstate; UNLESS it can be shown that such damage, loss or injury was caused by an act or omission of the Manager, its employees, servants, agents or contractors involving criminal liability or dishonesty or negligence or wilful act and PROVIDED THAT the contribution to the Management Expenses or any other charges payable under this Deed or any part thereof shall not be abated or cease to be payable on account thereof. 45. Each Owner shall be responsible for and shall indemnify the Manager and the other Owners and Occupiers for the time being against all actions, proceedings, claims and demands whatsoever arising out of or in respect of any loss or damage to any person or property caused by or as the result of the act or negligence of such Owner or any Occupier of any Unit of which he has the exclusive use or any person using such Unit with his consent express or implied or by, or through, or in any way owing to the overflow of water or spread of fire therefrom and to pay all costs, charges and expenses incurred in repairing or making good any loss or damage to the Lot and the Estate or any part or parts thereof or any of the Common Areas and Facilities therein or thereon caused by the act, neglect or default of all such persons. In the case of loss or damage which the Manager is empowered by this Deed or any relevant Sub-Deed to make good or repair, such costs, charges and expenses shall be recoverable by the Manager as herein provided and in the case of loss or damage suffered by other Owners or Occupiers for which the Manager is not empowered by this Deed or any relevant Sub-Deed or for which the Manager has elected not to repair or make good, such costs, charges and expenses together with all other damages recoverable by law shall be recoverable by the person or persons sustaining the loss or damage.

EXCLUSIONS AND INDEMNITIES. 6.1 The Manager, its servantsemployees, agents or contractors shall not be liable to the Owners or any of them or to any person or persons whomsoever whether claiming through, under or in trust for any Owner or otherwise, for or in respect of any act, deed, matter or thing done or omitted in pursuance or purported pursuance of the provisions of this Deed or any Sub-Deed not being an act or omission involving criminal liability or liability, dishonesty or negligence or wilful act and on the Owners shall fully and effectually indemnify part of the Manager, its servantsemployees, agents or contractors from and against all actions, proceedings, claims and demands whatsoever arising directly or indirectly out of or in connection with the management of the Land and the Building or any such act, deed, matter or thing done or omitted as aforesaid and all costs and expenses in connection therewithcontractors. Without in any way limiting the generality of the foregoing, the Manager, its servantsemployees, agents or contractors shall not be held liable for any damage, loss or injury caused by or in any way arising out of:- (a) any defect in or failure or breakdown of any of the Common Areas and Facilities; or; (b) any failure, malfunction or suspension of the supply of water, electricity, air-conditioning electricity or other utility or service to the Land and the Building; orDevelopment; (c) fire or flooding or the overflow or leakage of water from anywhere whether within or outside the Land and the Building; orDevelopment; (d) the activity of termites, cockroaches, rats, mice or other pests or vermin; or (e) theft, burglary or robbery within the Land and the Building; or (f) any act of God, force majeure or circumstances beyond the control of the ManagerDevelopment; UNLESS it can be shown that such damage, loss or injury was caused by an act or omission involving criminal liability, dishonesty or negligence on the part of the Manager, its servantsemployees, agents or contractors involving criminal liability or dishonesty or negligence or wilful act and PROVIDED THAT the management contribution to the Management Expenses or any other charges payable under this Deed or any part thereof shall not be abated or cease to be payable on account thereof. 6.2 The Owners shall fully and effectually indemnify the Manager, its employees, agents or contractors from and against all actions, proceedings, claims and demands whatsoever arising directly or indirectly out of or in connection with any such act, deed, matter or thing done or omitted as aforesaid not being an act or omission involving criminal liability, dishonesty or negligence on the part of the Manager, its employees, agents or contractors and all costs and expenses in connection therewith. 6.3 Each Owner shall be responsible for and shall indemnify the Manager and the other Owners and occupiers against all actions, proceedings, claims and demands whatsoever arising out of or in respect of any loss or damage to any person or property caused by or as the result of the act or negligence of such Owner or any occupier of his Unit or any person using his Unit with his express or implied consent or by, or through, or in any way owing to the fire, overflow of water or leakage of electricity or gas therefrom. 6.4 Each Owner shall be responsible for and shall indemnify the Manager and the other Owners and occupiers against the acts and omissions of all persons occupying his Unit with his express or implied consent and to pay all costs, charges and expenses incurred in repairing or making good any loss or damage to the Development or any part or parts thereof or any of the Common Areas and Facilities therein or thereon caused by the act, neglect or default of all such persons. In the case of loss or damage which the Manager is empowered by these presents to make good or repair, such costs, charges and expenses shall be recoverable by the Manager and in the case of loss or damage suffered by other Owners or occupiers for which the Manager is not empowered by these presents or for which the Manager has in its reasonable discretion elected not to repair or make good, such costs, charges and expenses together with all other damages recoverable by law shall be recoverable by the person or persons sustaining the loss or damage.

EXCLUSIONS AND INDEMNITIES. 6.1 The Manager, its servants, agents or contractors Manager shall not be liable to the Owners' Committee or the Owners or any of them or to any person or persons whomsoever whether claiming through, under or in trust for any Owner or otherwise, for or in respect of any act, deed, matter or thing done or omitted in pursuance or purported pursuance of the provisions of this Deed or the instructions from the Owners' Committee or the Owners, not being an act or omission involving criminal liability or liability, dishonesty or negligence or wilful act and on the Owners shall fully and effectually indemnify part of the Manager, its servantsemployees, agents or contractors from and against all actions, proceedings, claims and demands whatsoever arising directly or indirectly out of or in connection with the management of the Land and the Building or any such act, deed, matter or thing done or omitted as aforesaid and all costs and expenses in connection therewithcontractors. Without in any way limiting the generality of the foregoing, the Manager, its servants, agents or contractors Manager shall not be held liable for any damage, loss or injury caused by or in any way arising out of:-of (a) any defect in or failure or breakdown of any of the lifts, fire and security services equipment, air-conditioning plants and other facilities (if any) or the Common Areas and Facilities; Facilities of or in the Development, or (b) any failure, malfunction or suspension of the supply of water, electricity, air-conditioning electricity or other utility or service to the Land and the Building; Development, or (c) fire or flooding or the overflow or leakage of water from anywhere whether within or outside the Land and the Building; Development, or (d) the activity of termites, cockroaches, rats, mice or other pests or vermin; , or (e) theft, burglary or robbery within the Land and the Building; or (f) any act of God, force majeure or circumstances beyond the control of the ManagerDevelopment; UNLESS it can be shown that such damage, loss or injury was caused by an act or omission of the Manager, its servantsemployees, agents or contractors involving criminal liability or dishonesty or negligence or wilful act and PROVIDED THAT the management contribution to the Management Expenses or any other charges payable under this Deed or any part thereof shall not be abated or cease to be payable on account thereof. 6.2 Each Owner shall be responsible for and shall indemnify the Manager and the other Owners and occupiers against all actions, proceedings, claims and demands whatsoever arising out of or in respect of any loss or damage to any person or property caused by or as the result of the act or negligence of any occupier of any Unit of which he has the exclusive use or any person using such Unit with his consent express or implied or by, or through, or in any way owing to the fire, overflow of water or leakage of electricity therefrom. 6.3 Each Owner shall be responsible for and shall indemnify the Manager and the other Owners and occupiers against the acts and omissions of all persons occupying any Unit of which he has the exclusive use with his consent, express or implied, and to pay all costs, charges and expenses incurred in repairing or making good any loss or damage to the Development or any part or parts thereof or any of the Common Areas and Facilities therein or thereon caused by the act, neglect or default of all such persons. In the case of loss or damage which the Manager is empowered by these presents to make good or repair, such costs, charges and expenses shall be recoverable by the Manager and in the case of loss or damage suffered by other Owners or occupiers for which the Manager is not empowered by these presents or for which the Manager has in its reasonable discretion elected not to repair or make good, such costs, charges and expenses together with all other damages recoverable by law shall be recoverable by the person or persons sustaining the loss or damage.