MANAGER AND POWERS OF MANAGER. 4.1 Management to be undertaken by the Manager
(a) Subject to the provisions of the BMO, the parties hereto have agreed with the DMC Manager for the DMC Manager to undertake the management of the Land and the Building for an initial period of two (2) years from the date of this Deed and shall thereafter continue until terminated as provided in this Clause 4.1.
(b) The appointment of the Manager may be terminated as follows:-
(i) The appointment is terminated by the Manager by giving not less than three (3) calendar months’ notice of termination in writing:-
(1) by sending such notice to the Owners’ Committee; or
(2) where there is no Owners’ Committee, by giving such a notice on each of the Owners and by displaying such a notice in a prominent place in the Building.
(ii) The notice referred to in this Clause 4.1(b)(i)(2) may be given:-
(1) by delivering it personally to the Owner; or
(2) by sending it by post to the Owner at his last known address; or
(3) by leaving it at the Owner’s Unit or depositing it in the letter box for that Unit; or
(iii) Prior to the formation of the Owners’ Corporation, the Owner’s Committee may at any time terminate the Manager’s appointment without compensation by a resolution passed by a majority of votes of the Owners voting either personally or by proxy at a general meeting convened for the purpose and supported by the Owners of not less than fifty per cent (50%) of all the Undivided Shares in aggregate (excluding those Undivided Shares allocated to the Common Areas and Facilities) and by giving the Manager not less than three (3) calendar months’ notice of termination in writing; or
(iv) in the event that the Manager is wound up or has a receiving order made against it.
(i) Where an Owners’ Corporation has been formed and subject to Clause 4.1(c)(iv), at a general meeting convened for the purpose, the Owners’ Corporation may, by a resolution:-
(1) passed by a majority of the votes of the Owners voting either personally or by proxy; and
(2) supported by the Owners of not less than fifty per cent (50%) of the Undivided Shares in aggregate (excluding the Undivided Shares for the Common Areas and Facilities), terminate by notice the appointment of the DMC Manager without compensation.
(ii) The resolution under Clause 4.1(c)(i) above shall have effect only if:-
(1) such notice of termination of appointment is in writing;
(2) provision is made in the resolution for a period of not less than three (3) months’ notice or, in lieu of...
MANAGER AND POWERS OF MANAGER
