Common use of EXCLUSIONS AND INDEMNITIES Clause in Contracts

EXCLUSIONS AND INDEMNITIES. The Manager, its servants or agents 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. Without in any way limiting the generality of the foregoing, the Manager, its servants or agents 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 Development; or (c) fire or flooding or the overflow or leakage of water from anywhere whether within or outside the Land and the 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 Development; 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 or agents 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. The Manager, its servants servants, agents or agents 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. Without in any way limiting the generality of the foregoing, the Manager, its servants servants, agents or agents 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 DevelopmentBuilding; or (c) fire or flooding or the overflow or leakage of water from anywhere whether within or outside the Land and the DevelopmentBuilding; 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 DevelopmentBuilding; 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 servants, agents or agents 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.