Common use of Extinguishment of Rights Clause in Contracts

Extinguishment of Rights. 61. In the event of the whole or any part of the Development being so damaged by fire, typhoon, earthquake, subsidence or other causes rendering it substantially unfit for habitation or use or occupation, the Owners of not less than 75% of the Undivided Shares allocated to that damaged part(s) of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part of the Development and such meeting may resolve by a seventy-five per cent (75%) majority of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) of the total Undivided Shares of such damaged part (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting that by reason of insufficiency of insurance money or changes in building law or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such part of the Development then in such event the Undivided Shares in the Lot representing such part of the Development shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners of such Undivided Shares in proportion to the respective number of Undivided Shares previously held by such former Owners. All insurance money received in respect of any policy of insurance on such part of the Development shall likewise be distributed amongst such former Owners. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part of the Development. PROVIDED ALWAYS THAT if it is resolved to reinstate or rebuild such part of the Development the Owners of such part of the Development shall pay the excess of the cost of reinstatement or rebuilding of the relevant part of the Development damaged as aforesaid over and above the proceeds recoverable from the insurance of such part of the Development in proportion to the respective number of Undivided Shares held by them and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the relevant part of the Development and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s).

Extinguishment of Rights. 61. 9.1 In the event of the whole or any part of the Development being so damaged by fire, typhoon, earthquake, subsidence or other causes rendering it substantially unfit for use, habitation or use or occupation, (a) the Owners’ Committee (b) the Manager or (c) the Owners of the Development holding not less than 75% of the Undivided Shares allocated to that damaged part(s) of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part damaged part(s) of the Development and such meeting may resolve by a seventy-five per cent (75%) % majority of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) % of the total Undivided Shares of such damaged part part(s) (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting that by reason of insufficiency of insurance money or changes in building law or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such part damaged part(s) of the Development then in such event event, the Undivided Shares in the Lot representing such part damaged part(s) of the Development shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners of such Undivided Shares in proportion to the respective number of Undivided Shares previously held by such former Owners. All insurance money received in respect of any policy of insurance on such part damaged part(s) of the Development shall likewise be distributed amongst such former Owners. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part damaged part(s) of the Development. PROVIDED ALWAYS THAT if it is resolved to reinstate or rebuild such part damaged part(s) of the Development Development, the Owners of such part damaged part(s) of the Development shall pay the excess of the cost of reinstatement or rebuilding of the relevant part damaged part(s) of the Development damaged as aforesaid over and above the proceeds recoverable from the insurance of such part damaged part(s) of the Development in proportion to the respective number of Undivided Shares held by them and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the relevant part damaged part(s) of the Development and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s)) of the Development.

Extinguishment of Rights. 6162. Owners’ meeting in event of Development being damaged In the event of the whole or any part of the Development being so damaged by fire, typhoon, earthquake, subsidence or other causes rendering it substantially cause so as to render a substantial part of the same unfit for habitation or use or occupation, the Owners of not less than 75% of the Undivided Shares allocated to that damaged part(s) part of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) ), shall convene a meeting of the Owners in whom the whose right to exclusive use, occupation and enjoyment of such part of the Development have been so affected and such meeting may resolve by a seventy-five per cent (75%) majority of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) of the total Undivided Shares of such damaged part (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting that by reason of insufficiency of insurance money or changes in building law or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such part of the Development then in such event the Undivided Shares in the Lot representing such part of the Development shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners of such Undivided Shares in proportion to the respective number of Undivided Shares previously held by such former Owners. All insurance money received in respect of any policy of insurance on such part of the Development shall likewise be distributed amongst such former Owners. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part of the Development. PROVIDED ALWAYS THAT if it is resolved to reinstate or rebuild such part of the Development the Owners of such part of the Development shall pay the excess of the cost of reinstatement or rebuilding of the relevant part of the Development damaged as aforesaid over and above the proceeds recoverable from the insurance of such part of the Development in proportion to the respective number of Undivided Shares held by them and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the relevant part of the Development and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s).

Extinguishment of Rights. 6163. In the event of the whole or any part of the Development being so damaged by fire, typhoon, earthquake, subsidence or other causes rendering it cause so as to render the same substantially unfit for habitation or use or occupationhabitation, the Manager shall convene a meeting of the Owners in whom the exclusive use, occupation and enjoyment of such part of the Development is vested and such meeting may resolve by a resolution of not less than 75% majority at a meeting of the Owners of not less than 75% of the Undivided Shares allocated to that damaged part(s) part of the Development in question (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part of the Development and such meeting may resolve by a seventy-five per cent (75%) majority of the Owners present voting in person or by proxy holding not less than seventy-five per cent (75%) of the total Undivided Shares of such damaged part (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting that by reason of insufficiency of insurance money or changes in building law or and/or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such part of the Development then in such event the Undivided Shares in the Lot representing such part of the Development shall be acquired by the Manager and the Owners (excluding the Owner of the Common Areas and Facilities) of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners (excluding the Owner of the Common Areas and Facilities) of such Undivided Shares in proportion to the respective number of Undivided Shares previously held by such former Owners. All insurance money received in respect of any policy of insurance on such part of the Development shall likewise be distributed amongst such former Owners. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant such part of the Development. Development PROVIDED ALWAYS THAT if it is resolved to reinstate or rebuild such part of the Development the Owners of such part of the Development shall pay the excess of the cost of reinstatement or rebuilding of the relevant part of the Development damaged as aforesaid over and above the proceeds money recoverable from the insurance of such part of the Development in proportion to the respective number of Undivided Shares held by them and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the relevant part of the Development and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s).

Extinguishment of Rights. 61. 9.1 In the event of the whole or any part of the Development being so damaged by fire, typhoon, earthquake, subsidence or other causes cause rendering it substantially unfit for habitation or use or occupation, (a) the Owners' Committee (b) the Manager or (c) the Owners of the Development holding not less than seventy-five per cent (75% %) of the Undivided Shares allocated to that damaged part(s) of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part of the Development and such meeting may resolve by a seventy-five per cent (75%) majority of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) of the total Undivided Shares of such damaged part (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting that by reason of insufficiency of insurance money or changes in building law or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such part of the Development then in such event the Undivided Shares of and in the Lot Land representing such part of the Development so affected shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners of such Undivided Shares in proportion to the respective number of Undivided Shares previously held by such former Owners. All insurance money received in respect of any policy of insurance on such part of the Development shall likewise be distributed amongst such former Owners. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part of the Development. PROVIDED ALWAYS THAT if it is resolved to reinstate or rebuild such part of the Development so affected the Owners of such part of the Development so affected shall pay the excess of the cost of reinstatement or rebuilding of the relevant part of the Development damaged as aforesaid over and above the proceeds recoverable from the insurance of such part of the Development in proportion to the respective number of Undivided Shares held by them and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the relevant part of the Development and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s).

Extinguishment of Rights. 61. 9.1 In the event of the whole or any part of the Development being so damaged by fire, typhoon, earthquake, subsidence or other causes cause rendering it substantially unfit for habitation or use or occupation, (a) the Owners’ Committee (b) the Manager or (c) the Owners of the Development holding not less than 75% of the Undivided Shares allocated to that damaged part(s) of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall may convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part damaged part(s) of the Development and such meeting may resolve by a seventy-five per cent (75%) majority of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) of the total Undivided Shares of such damaged part part(s) (excluding the Undivided Shares allocated to the Common Areas and Facilities)) and such meeting may resolve by a seventy-five per cent (75%) majority of those Owners present in person or by proxy and voting that by reason of insufficiency of insurance money or changes in building law or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such part damaged part(s) of the Development then in such event the Undivided Shares in the Lot representing such part damaged part(s) of the Development shall be acquired by the Manager and the Owners (excluding the Owner of the Undivided Shares allocated to the Common Areas and Facilities) of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners (excluding the Owner of the Undivided Shares allocated to the Common Areas and Facilities) of such Undivided Shares in proportion to the respective number of Undivided Shares previously held by such former OwnersOwners (except the Manager) bears to the total number of Undivided Shares of such damaged part(s) of the Development in question (excluding the Undivided Shares allocated to the Common Areas and Facilities). All insurance money received in respect of any policy of insurance on such part damaged part(s) of the Development shall likewise be distributed amongst such former OwnersOwners of Undivided Shares being assigned and sold to the Manager as aforesaid. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part damaged part(s) of the Development. Development PROVIDED ALWAYS THAT if it is resolved to reinstate or rebuild such part damaged part(s) of the Development Development, the Owners of such part damaged part(s) of the Development shall pay the excess of the cost of reinstatement or rebuilding of the relevant part damaged part(s) of the Development damaged as aforesaid over and above the proceeds recoverable from the insurance of such part damaged part(s) of the Development in proportion to the respective number of Undivided Shares held by them bears to the total number of Undivided Shares of the damaged part(s) of the Development in question (excluding the Undivided Shares allocated to the Common Areas and Facilities) respectively and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the relevant part damaged part(s) of the Development and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s)) of the Development.

Extinguishment of Rights. 61. 9.1 Owners’ meeting in the event of the Building being damaged In the event of the whole Building or any part of the Development thereof being so damaged by fire, typhoon, earthquake, subsidence or other causes rendering it substantially unfit for habitation or use or occupation, the Owners of not less than 75% of the Undivided Shares allocated cause so as to that damaged part(s) of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall convene render a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such substantial part of the Development and such meeting may resolve same unfit for the purposes for which it was intended, (a) the Owners’ Committee (b) the Manager or (c) an Owner appointed by a seventy-five per cent (75%) majority of those Owners who in aggregate have vested in them for the Owners present in person or by proxy holding time being not less than seventy-five per cent (75%) of the total number of Undivided Shares of such damaged the part of the Building (excluding the Undivided Shares allocated to the Common Areas and Facilities) so affected shall convene a meeting of the Owners of the part of the Building so affected and such meeting may resolve by a resolution (such resolution shall be binding upon all the Owners of the part of the Building so affected) of not less than seventy-five per cent (75%) majority of such Owners voting in person or by proxy in proportion to the number of Undivided Shares (excluding the Undivided Shares allocated to the Common Areas and Facilities) of the part of the Building so affected held at such meeting that by reason of insufficiency of insurance money or changes in building law or and/or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such the Building or (as the case may be) the part of the Development thereof so affected then in such event the Undivided Shares in the Lot representing such part and of the Development Building or (as the case may be) the part thereof so affected shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners of such Undivided Shares in proportion to the respective number of Undivided Shares previously held by such former Owners. All insurance money received in respect of any policy of insurance on such the Building or (as the case may be) the part of the Development thereof so affected shall likewise be distributed amongst such former Owners. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part of the Development. PROVIDED ALWAYS THAT if it is resolved to reinstate or rebuild such the Building or (as the case may be) the part of the Development thereof so affected the Owners of such the Building or (as the case may be) the part of the Development thereof so affected shall pay the excess of the cost of reinstatement or rebuilding of the Building or the relevant part of the Development thereof damaged as aforesaid over and above the proceeds recoverable from the insurance of such the Building or (as the case may be) the part of the Development thereof so affected in proportion to the respective number of Undivided Shares held by them and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the Building or the relevant part of the Development thereof and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s).

Extinguishment of Rights. 6164. In Notwithstanding any other provisions to the contrary herein contained, in the event of the whole Estate or any part of the Development thereof being so damaged by fire, typhoon, earthquake, subsidence or other causes rendering it substantially cause so as to render the same unfit for habitation or use or occupation, the Manager or the Owners' Committee or the Owners of not less than 75% of the Undivided Shares allocated to that the damaged part(s) part of the Development Estate (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall may convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part of the Development Estate or (as the case may be) the part thereof so affected and such meeting may resolve by a seventy-five per cent (75%) majority of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) of the total % majority Undivided Shares of such damaged part Owners present and voting in proportion to the number of Undivided Shares (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting held at such meeting whether or not to rebuild or reinstate the damaged part of the Estate so affected. If it shall be resolved that by reason of insufficiency of insurance money or changes in building law or and/or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such the Estate or (as the case may be) the part of the Development thereof so affected then in such event the Undivided Shares in the Lot representing such part and of the Development Estate or (as the case may be) the part thereof so affected shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners of such Undivided Shares (excluding the Owner of Undivided Shares allocated to the Common Areas and Facilities) in proportion to the respective number of Undivided Shares previously held by such former OwnersOwners (except the Manager) bears to the total number of Undivided Shares of the damaged part(s) of the Estate in question (excluding the Undivided Shares allocated to the Common Areas and Facilities). All insurance money received in respect of any policy of insurance on such the Estate or (as the case may be) the part of the Development thereof so affected shall likewise be distributed amongst such former OwnersOwners of Undivided Shares being sold and assigned to the Manager aforesaid. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part of the Development. PROVIDED ALWAYS THAT if it is resolved by not less than 75% majority of such Owners present and voting in proportion to the number of Undivided Shares (excluding the Undivided Shares allocated to the Common Areas and Facilities) held at such meeting to reinstate or rebuild such the Estate or (as the case may be) the part of the Development thereof so affected the Owners of such the Estate or (as the case may be) the part of the Development thereof so affected shall pay the excess of the cost of reinstatement or rebuilding of the Estate or the relevant part of the Development thereof damaged as aforesaid over and above the proceeds recoverable from the insurance of such the Estate or (as the case may be) the part of the Development thereof so affected in proportion to the respective number of Undivided Shares held by them (excluding the Undivided Shares allocated to the Common Areas and Facilities) and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the Estate or the relevant part of the Development thereof and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s).

Extinguishment of Rights. 6160. In the event of the whole Estate or any part of the Development thereof being so damaged by fire, typhoon, earthquake, subsidence or other causes rendering it substantially cause so as to render the same unfit for habitation or use use, the Manager or occupation, the Owners' Committee or the Owners of not less than 75% of the Undivided Shares allocated to that the damaged part(s) part of the Development Estate (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part of the Development Estate or (as the case may be) the part thereof so affected and such meeting may resolve by a seventy-five per cent (75%) majority of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) of the total % majority Undivided Shares of such damaged part Owners present and voting in proportion to the number of Undivided Shares (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting held at such meeting whether or not to rebuild or reinstate the damaged part of the Estate so affected. If it shall be resolved that by reason of insufficiency of insurance money or changes in building law or and/or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such the Estate or (as the case may be) the part of the Development thereof so affected then in such event the Undivided Shares in the Lot representing such part and of the Development Estate or (as the case may be) the part thereof so affected shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners of such Undivided Shares in proportion to the respective number of Undivided Shares previously held by such former Owners. All insurance money received in respect of any policy of insurance on such the Estate or (as the case may be) the part of the Development thereof so affected shall likewise be distributed amongst such former Owners. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part of the Development. PROVIDED ALWAYS THAT if it is resolved by not less than 75% majority of such Owners present and voting in proportion to the number of Undivided Shares (excluding the Undivided Shares allocated to the Common Areas and Facilities) held at such meeting to reinstate or rebuild such the Estate or (as the case may be) the part of the Development thereof so affected the Owners of such the Estate or (as the case may be) the part of the Development thereof so affected shall pay the excess of the cost of reinstatement or rebuilding of the Estate or the relevant part of the Development thereof damaged as aforesaid over and above the proceeds recoverable from the insurance of such the Estate or (as the case may be) the part of the Development thereof so affected in proportion to the respective number of Undivided Shares held by them and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the Estate or the relevant part of the Development thereof and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s).

Extinguishment of Rights. 6160. In the event of the whole Estate or any part of the Development thereof being so damaged by fire, typhoon, earthquake, subsidence or other causes rendering it substantially cause so as to render the same unfit for habitation or use use, the Manager or occupation, the Owners' Committee or the Owners of not less than 75% of the Undivided Shares allocated to that the damaged part(s) part of the Development Estate (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part of the Development Estate or (as the case may be) the part thereof so affected and such meeting may resolve by a seventy-five per cent (75%) majority resolution of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) % of those present at the meeting whether or not to rebuild or reinstate the damaged part of the total Undivided Shares of such damaged part (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting Estate so affected. If it shall be resolved that by reason of insufficiency of insurance money or changes in building law or and/or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such the Estate or (as the case may be) the part of the Development thereof so affected then in such event the Undivided Shares in the Lot representing such part and of the Development Estate or (as the case may be) the part thereof so affected shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners of such Undivided Shares in proportion to the respective number of Undivided Shares previously held by such former Owners. All insurance money received in respect of any policy of insurance on such the Estate or (as the case may be) the part of the Development thereof so affected shall likewise be distributed amongst such former Owners. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part of the Development. PROVIDED ALWAYS THAT if it is resolved by a resolution of not less than 75% of those present at the meeting to reinstate or rebuild such the Estate or (as the case may be) the part of the Development thereof so affected the Owners of such the Estate or (as the case may be) the part of the Development thereof so affected shall pay the excess of the cost of reinstatement or rebuilding of the Estate or the relevant part of the Development thereof damaged as aforesaid over and above the proceeds recoverable from the insurance of such the Estate or (as the case may be) the part of the Development thereof so affected in proportion to the respective number of Undivided Shares held by them and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the Estate or the relevant part of the Development thereof and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s).

Extinguishment of Rights. 61. 9.1 In the event of the whole or any part of the Development being so damaged by fire, typhoon, earthquake, subsidence or other causes cause rendering it substantially unfit for habitation or use or occupation, the Owners of the Development holding in aggregate not less than 75% of the total number of Undivided Shares allocated to that damaged part(s) of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part of the Development and such meeting may resolve by a seventy-five per cent (75%) majority of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) of the total number of Undivided Shares of such damaged part (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting that by reason of insufficiency of insurance money or changes in building law or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such part of the Development then in such event the Undivided Shares in the Lot Land representing such part of the Development shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners of such Undivided Shares in proportion to the respective number of Undivided Shares previously held by such former Owners. All insurance money received in respect of any policy of insurance on such part of the Development shall likewise be distributed amongst such former Owners. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part of the Development. PROVIDED ALWAYS THAT if it is resolved to reinstate or rebuild such part of the Development the Owners of such part of the Development shall pay the excess of the cost of reinstatement or rebuilding of the relevant part of the Development damaged as aforesaid over and above the proceeds recoverable from the insurance of such part of the Development in proportion to the respective number of Undivided Shares held by them and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the relevant part of the Development and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s).

Extinguishment of Rights. 6160. In the event of the whole Estate or any part of the Development thereof being so damaged by fire, typhoon, earthquake, subsidence or other causes rendering it substantially cause so as to render the same unfit for habitation or use or occupationuse, the Manager or the Owners' Committee or those Owners of who in aggregate have vested in them for the time being not less than 75% of the total number of Undivided Shares allocated to that damaged part(s) of the Development part thereof as affected (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part of the Development Estate or (as the case may be) the part thereof so affected and such meeting may resolve by a seventy-five per cent (75%) majority of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) of the total % majority Undivided Shares of such damaged part Owners present and voting in proportion to the number of Undivided Shares (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting held at such meeting whether or not to rebuild or reinstate the damaged part of the Estate so affected. If it shall be resolved that by reason of insufficiency of insurance money or changes in building law or and/or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such the Estate or (as the case may be) the part of the Development thereof so affected then in such event the Undivided Shares in the Lot representing such part and of the Development Estate or (as the case may be) the part thereof so affected shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty tr eaty and to distribute the net proceeds of sale amongst the Owners of such Undivided Shares in proportion to the respective number of Undivided Shares previously held by such former Owners. All insurance money received in respect of any policy of insurance on such the Estate or (as the case may be) the part of the Development thereof so affected shall likewise be distributed amongst such former Owners. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part of the Development. PROVIDED ALWAYS THAT if it is resolved by not less than 75% majority Undivided Shares of such Owners present and voting in proportion to the number of Undivided Shares (excluding the Undivided Shares allocated to the Common Areas and Facilities) held at such meeting to reinstate or rebuild such the Estate or (as the case may be) the part of the Development thereof so affected the Owners of such the Estate or (as the case may be) the part of the Development thereof so affected shall pay the excess of the cost of reinstatement or rebuilding of the Estate or the relevant part of the Development thereof damaged as aforesaid over and above the proceeds recoverable from the insurance of such the Estate or (as the case may be) the part of the Development thereof so affected in proportion to the respective number of Undivided Shares held by them and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the Estate or the relevant part of the Development thereof and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s).

Extinguishment of Rights. 6164. In the event of the whole Estate or any part of the Development thereof being so damaged by fire, typhoon, earthquake, subsidence or other causes rendering it substantially cause so as to render the same unfit for habitation or use or occupation, the Manager or the Owners' Committee or the Owners of not less than 75% of the Undivided Shares allocated to that the damaged part(s) part of the Development Estate (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part of the Development Estate or (as the case may be) the part thereof so affected and such meeting may resolve by a seventy-five per cent (75%) majority of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) of the total % majority Undivided Shares of such damaged part Owners present and voting in proportion to the number of Undivided Shares (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting held at such meeting whether or not to rebuild or reinstate the damaged part of the Estate so affected. If it shall be resolved that by reason of insufficiency of insurance money or changes in building law or and/or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such the Estate or (as the case may be) the part of the Development thereof so affected then in such event the Undivided Shares in the Lot representing such part and of the Development Estate or (as the case may be) the part thereof so affected shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners of such Undivided Shares (excluding the Owner of Undivided Shares allocated to the Common Areas and Facilities) in proportion to the respective number of Undivided Shares previously held by such former OwnersOwners (except the Manager) bears to the total number of Undivided Shares of the damaged part(s) of the Estate in question (excluding the Undivided Shares allocated to the Common Areas and Facilities). All insurance money received in respect of any policy of insurance on such the Estate or (as the case may be) the part of the Development thereof so affected shall likewise be distributed amongst such former OwnersOwners of Undivided Shares being sold and assigned to the Manager aforesaid. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part of the Development. PROVIDED ALWAYS THAT if it is resolved by not less than 75% majority of such Owners present and voting in proportion to the number of Undivided Shares (excluding the Undivided Shares allocated to the Common Areas and Facilities) held at such meeting to reinstate or rebuild such the Estate or (as the case may be) the part of the Development thereof so affected the Owners of such the Estate or (as the case may be) the part of the Development thereof so affected shall pay the excess of the cost of reinstatement or rebuilding of the Estate or the relevant part of the Development thereof damaged as aforesaid over and above the proceeds recoverable from the insurance of such the Estate or (as the case may be) the part of the Development thereof so affected in proportion to the respective number of Undivided Shares held by them (excluding the Undivided Shares allocated to the Common Areas and Facilities) and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the Estate or the relevant part of the Development thereof and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s).

Extinguishment of Rights. 61. In 8.1 Owners’ meeting in event of Development being damaged Notwithstanding any other provisions to the contrary herein contained, in the event of the whole or any part of the Development being so damaged by fire, typhoon, earthquake, subsidence or other causes rendering it substantially cause so as to render a substantial part of the same unfit for habitation or use or occupation, the Owners of not less than seventy five per cent (75% %) of the Undivided Shares allocated to that damaged part(s) of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) ), shall convene a meeting of the Owners in whom the whose right to exclusive use, occupation and enjoyment of such part of the Development have been so affected and such meeting may resolve by not less than a seventy-five per cent (75%) majority of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) of the total Undivided Shares of such damaged part (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting that by reason of insufficiency of insurance money or changes in building law or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such part of the Development then in such event the Undivided Shares in the Lot representing such part of the Development shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners of such Undivided Shares in proportion to the respective number of Undivided Shares previously held by such former Owners. All insurance money received in respect of any policy of insurance on such part of the Development shall likewise be distributed amongst such former Owners. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part of the Development. Development PROVIDED ALWAYS THAT if it is resolved to reinstate or rebuild such part of the Development Development, the Owners of such part of the Development shall pay the excess of the cost of reinstatement or rebuilding of the relevant part of the Development damaged as aforesaid over and above the proceeds recoverable from the insurance of such part of the Development in proportion to the respective number of Undivided Shares held by them and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the relevant part of the Development and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s).

Extinguishment of Rights. 6162. In the event of the whole Development or any part of the Development thereof being so damaged by fire, typhoon, earthquake, subsidence or other causes rendering it cause so as to render the same substantially unfit for habitation or habitation, use or occupation, the Owners of not less than 75% of the Undivided Shares allocated to that the damaged part(s) part of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall convene a meeting of to consider whether the Development should be reinstated or rebuilt and in the event the Owners in whom the right to exclusive use, occupation present and enjoyment of such part of the Development voting and such meeting may resolve by a seventy-five per cent (resolution of not less than 75%) majority % of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) of the total Undivided Shares of such damaged part (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting that by reason of insufficiency of insurance money or changes in building law or and/or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such part or parts of the Development then in such event all the Undivided Shares in the Lot representing such part of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners of such the Undivided Shares (excluding the Undivided Shares allocated to the Common Areas and Facilities) in proportion to the respective number of Undivided Shares previously held by such former OwnersOwners (except the Manager) bears to the total number of Undivided Shares of the Development (less the Undivided Shares allocated to the Common Areas and Facilities). All insurance money received in respect of any policy of insurance on such part of the Development shall likewise be distributed amongst such former the Owners. In such event all the rights, privileges, obligations and covenants of such former the Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part of the Development. PROVIDED ALWAYS THAT that if it is resolved to reinstate or rebuild such part the Development each Owner (excluding the Owner of the Development Undivided Shares allocated to the Owners of such part of the Development Common Areas and Facilities) shall pay the excess of the cost costs of reinstatement or rebuilding of the relevant such part of the Development damaged as aforesaid over and above the proceeds recoverable from the insurance of such part of the Development in proportion to the respective number of Undivided Shares held by them bears to the total number of Undivided Shares of the Development (less the Undivided Shares allocated to the Common Areas and Facilities) and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the relevant part of the Development and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s).

Extinguishment of Rights. 61. 9.1 In the event of the whole or any part of the Development being so damaged by fire, typhoon, earthquake, subsidence or other causes cause rendering it substantially unfit for habitation or use or occupation, the Owners of the Development holding not less than 75% of the Undivided Shares allocated to that damaged part(s) of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall may convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part of the Development and such meeting may resolve by a seventy-five per cent (not less than 75%) majority % of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) of the total Undivided Shares of such damaged part (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting that by reason of insufficiency of insurance money or changes in building law or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such part of the Development then in such event the Undivided Shares in the Lot Land representing such part of the Development shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners of such Undivided Shares in proportion to the respective number of Undivided Shares previously held by such former Owners. All insurance money received in respect of any policy of insurance on such part of the Development shall likewise be distributed amongst such former Owners. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part of the Development. PROVIDED ALWAYS THAT if it is resolved to reinstate or rebuild such part of the Development the Owners of such part of the Development shall pay the excess of the cost of reinstatement or rebuilding of the relevant part of the Development damaged as aforesaid over and above the proceeds recoverable from the insurance of such part of the Development in proportion to the respective number of Undivided Shares held by them and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the relevant part of the Development and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s).

Extinguishment of Rights. 61. 9.1 In the event of the whole or any part of the Development being so damaged by fire, typhoon, earthquake, subsidence or other causes cause rendering it substantially unfit for habitation or use or occupation, (a) the Owners' Committee (b) the Manager or (c) the Owners of the Development holding not less than 75% of the Undivided Shares allocated to that damaged part(s) of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part of the Development and such meeting may resolve by a seventy-five per cent (75%) majority of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) of the total Undivided Shares of such damaged part (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting that by reason of insufficiency of insurance money or changes in building law or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such part of the Development then in such event the Undivided Shares in the Lot Land representing such part of the Development shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners of such Undivided Shares in proportion to the respective number of Undivided Shares previously held by such former Owners. All insurance money received in respect of any policy of insurance on such part of the Development shall likewise be distributed amongst such former Owners. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part of the Development. PROVIDED ALWAYS THAT if it is resolved to reinstate or rebuild such part of the Development the Owners of such part of the Development shall pay the excess of the cost of reinstatement or rebuilding of the relevant part of the Development damaged as aforesaid over and above the proceeds recoverable from the insurance of such part of the Development in proportion to the respective number of Undivided Shares held by them and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the relevant part of the Development and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s).

Extinguishment of Rights. 6160. In the event of the whole Development or any part of the Development thereof being so damaged by fire, typhoon, earthquake, subsidence or other causes rendering it substantially cause so as to render the same unfit for habitation or use use, the Manager or occupation, the Owners' Committee or the Owners of not less than 75% of the Undivided Shares allocated to that the damaged part(s) part of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part of the Development or (as the case may be) the part thereof so affected and such meeting may resolve by a seventy-five per cent (75%) majority resolution of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) % of those present at the meeting whether or not to rebuild or reinstate the damaged part of the total Undivided Shares of such damaged part (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting Development so affected. If it shall be resolved that by reason of insufficiency of insurance money or changes in building law or and/or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such part of the Development or (as the case may be) the part thereof so affected then in such event the Undivided Shares in the Lot representing such part and of the Development or (as the case may be) the part thereof so affected shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners of such Undivided Shares in proportion to the respective number of Undivided Shares previously held by such former Owners. All insurance money received in respect of any policy of insurance on such part of the Development or (as the case may be) the part thereof so affected shall likewise be distributed amongst such former Owners. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part of the Development. PROVIDED ALWAYS THAT if it is resolved by a resolution of not less than 75% of those present at the meeting to reinstate or rebuild such the Development or (as the case may be) the part thereof so affected the Owners of the Development or (as the Owners of such case may be) the part of the Development thereof so affected shall pay the excess of the cost of reinstatement or rebuilding of the Development or the relevant part of the Development thereof damaged as aforesaid over and above the proceeds recoverable from the insurance of such part of the Development or (as the case may be) the part thereof so affected in proportion to the respective number of Undivided Shares held by them and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the Development or the relevant part of the Development thereof and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s).

Extinguishment of Rights. 61. In the event of the whole or any part of the Development being so damaged by fire, typhoon, earthquake, subsidence or other causes rendering cause so as to render it substantially unfit for use or habitation or use or occupation, the Owners of not less than 75% of the Undivided Shares allocated to that damaged part(s) of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part of the Development and such meeting may resolve by a seventy-five per cent (75%) majority of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) of the total Undivided Shares of such damaged part (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting that by reason of insufficiency of insurance money or changes in building law or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such part of the Development then in such event the Undivided Shares in the Lot representing such part of the Development shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners of such Undivided Shares in proportion to the respective number of Undivided Shares previously held by such former Owners. All insurance money received in respect of any policy of insurance on such part of the Development shall likewise be distributed amongst such former Owners. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part of the Development. PROVIDED ALWAYS THAT if it is resolved to reinstate or rebuild such part of the Development the Owners of such part of the Development shall pay the excess of the cost of reinstatement or rebuilding of the relevant part of the Development damaged as aforesaid over and above the proceeds recoverable from the insurance of such part of the Development in proportion to the respective number of Undivided Shares held by them and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the relevant part of the Development and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s).