Common use of Right to use Common Parts Clause in Contracts

Right to use Common Parts. Subject to the rights of the Manager and the First Owner in this Deed and subject also to the Land Grant, the right for the Owner and his tenants, licensees and invitees to use the Common Parts for all purposes connected with the proper use and enjoyment of his Unit Provided That: (a) the Recreational Facilities may only be used for such purposes by the residents of the Flats and their bona fide visitors; (b) notwithstanding paragraph 1(a) of Part A of this Schedule, the Owners, tenants, licensees and invitees of any Unit may always make use of the Common Parts covered by paragraph 1(a) of Part A of this Schedule for the purpose of: (i) escape or seeking refuge in case of a fire or other emergency; or (ii) obtaining access to and from their respective Units (or parts thereof) or any category of Common Parts which they are entitled to make use of, where such access cannot practically be obtained other than through the Common Parts referred to in paragraph 1(a) of Part A of this Schedule; and (c) for the avoidance of doubt and without prejudice to the generality of the other provision of this paragraph 1: (i) the Owner of any Flat and his tenants, licensees and invitees may with or without surveyors, workmen and others and with or without plant, equipment and materials with or without vehicles at all times to pass and xxxxxx on, along, over, by and through the Parking Common Parts, including, without limitation, the driveways forming part thereof freely and without payment of any nature whatsoever for the purpose of gaining access from or to any Residential Common Parking Space or any Residential Common Parts for all purposes connected with the proper use and enjoyment of that Residential Common Parking Space or Residential Common Parts; and (ii) the Owner of any Unit and his tenants, licensees and invitees may with or without surveyors, workmen and others and with or without plant, equipment and materials with vehicles (in the case when this right is exercised over the driveways forming part of the Parking Common Parts) or without vehicles at all times to pass and xxxxxx on, along, over, by and through the Residential Common Parts and the Parking Common Parts freely and without payment of any nature whatsoever for the purpose of gaining access from or to any Development Common Part for all purposes connected with the proper use and enjoyment of that Development Common Part; and (d) nothing in this paragraph 1 shall prejudice any right granted under paragraphs 2 to 5 of Part A of this Schedule.

Appears in 1 contract

Samples: Deed of Mutual Covenant and Management Agreement

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Right to use Common Parts. Subject to the rights of the Manager and the First Owner in this Deed and subject also to the Land Grant, the right for the Owner and his tenants, licensees and invitees to use the Common Parts for all purposes connected with the proper use and enjoyment of his Unit Provided That: (ai) the Recreational Facilities and the flat roof and covered landscaped area on the Third Floor of the Development may only be used for such purposes by the residents of the Flats and their bona fide visitors;visitors and by no other person or persons; and (bii) without prejudice to the generality of the foregoing and notwithstanding paragraph 1(a1(a)(i) of Part A of this Schedule, Schedule the Owners, tenants, licensees and invitees of any Unit may always make use of the any Common Parts covered by paragraph 1(a) of Part A of this Schedule for the purpose of: (i1) escape or seeking refuge in case of a fire or other emergency; or (ii2) obtaining access to and from their respective Units (or parts thereof) or any category of Common Parts which they are entitled to make use of, where such access cannot practically be obtained other than through the first mentioned Common Parts; and (iii) the Owner, occupiers, licensees or invitees of the Commercial Accommodation or a part thereof may use such lift(s) forming part of the Residential Common Parts referred from time to time designated by the Manager for the purposes provided below: (1) for the purpose of obtaining access to or from the part of the Commercial Accommodation on the Second Floor of the Development if that Owner, occupier, licensee or invitee of the Commercial Accommodation or a part thereof is a disabled person or otherwise not physically fit to access to or from the part of the Commercial Accommodation on the Second Floor of the Development through staircase; or (2) for the purpose of transporting goods or other matters to or from the part of the Commercial Accommodation on the Second Floor of the Development where it is not practicable to transport the same through staircase; which said use shall be under the direction and/or supervision of the Manager if the Manager considers appropriate; and (iv) nothing in this paragraph 1(a) shall prejudice any right granted under paragraphs 1(b) to (e) of Part A of this Schedule; and (c) for the avoidance of doubt and without prejudice to the generality of the other provision of this paragraph 1: (i) the Owner of any Flat and his tenants, licensees and invitees may with or without surveyors, workmen and others and with or without plant, equipment and materials with or without vehicles at all times to pass and xxxxxx on, along, over, by and through the Parking Common Parts, including, without limitation, the driveways forming part thereof freely and without payment of any nature whatsoever for the purpose of gaining access from or to any Residential Common Parking Space or any Residential Common Parts for all purposes connected with the proper use and enjoyment of that Residential Common Parking Space or Residential Common Parts; and (ii) the Owner of any Unit and his tenants, licensees and invitees may with or without surveyors, workmen and others and with or without plant, equipment and materials with vehicles (in the case when this right is exercised over the driveways forming part of the Parking Common Parts) or without vehicles at all times to pass and xxxxxx on, along, over, by and through the Residential Common Parts and the Parking Common Parts freely and without payment of any nature whatsoever for the purpose of gaining access from or to any Development Common Part for all purposes connected with the proper use and enjoyment of that Development Common Part; and (d) nothing in this paragraph 1 shall prejudice any right granted under paragraphs 2 to 5 of Part A of this Schedule.

Appears in 1 contract

Samples: Deed of Mutual Covenant and Management Agreement

Right to use Common Parts. Subject to the rights of the Manager and the First Owner in this Deed and subject also to the Land Grant, the right for the Owner and his tenants, licensees and invitees to use the Common Parts for all purposes connected with the proper use and enjoyment of his Unit Provided That: (a) the Recreational Facilities may only be used for such purposes by the residents of the Flats and their bona fide visitors; (b) notwithstanding paragraph 1(a) of Part A of this Schedule, the Owners, tenants, licensees and invitees of any Unit may always make use of the Common Parts covered by paragraph 1(a) of Part A of this Schedule for the purpose of: (i) escape or seeking refuge in case of a fire or other emergency; or (ii) obtaining access to and from their respective Units (or parts thereof) or any category of Common Parts which they are entitled to make use of, where such access cannot practically be obtained other than through the Common Parts referred to in paragraph 1(a) of Part A of this Schedule; and (c) for the avoidance of doubt and without prejudice to the generality of the other provision of this paragraph 1: (i) 1 the Owner of any Flat and his tenants, licensees licensees, invitees and invitees visitors may with or without surveyors, workmen and others and with or without plant, equipment equipment, materials and materials with or without vehicles at all times to pass and xxxxxx on, along, over, by and through the Parking Common Parts, including, without limitation, the driveways forming part thereof freely and without payment of any nature whatsoever for the purpose of gaining access from or to any Residential Common Parking Space or any Residential Common Parts for all purposes connected with the proper use and enjoyment of that Residential Common Parking Space or Residential Common Parts; and (ii) the Owner of any Unit and his tenants, licensees and invitees may with or without surveyors, workmen and others and with or without plant, equipment and materials with vehicles (in the case when this right is exercised over the driveways forming part of the Parking Common Parts) or without vehicles at all times to pass and xxxxxx on, along, over, by and through the Residential Common Parts and the Parking Common Parts freely and without payment of any nature whatsoever for the purpose of gaining access from or to any Flat, any Development Common Part Part, any Residential Common Part, any Visitors’ Parking Space, the Parking Space for the Disabled Persons, the loading and unloading space in the Development or any bicycle parking space for all purposes connected with the proper use and enjoyment of that Development Common Partthe same; and (d) nothing in this paragraph 1 shall prejudice any right granted under paragraphs 2 to 5 of Part A of this Schedule.

Appears in 1 contract

Samples: Deed of Mutual Covenant and Management Agreement

Right to use Common Parts. Subject to the rights of the Manager and the First Owner in this Deed and subject also to the Land Grant, the right for the Owner and his tenants, licensees and invitees to use the Common Parts for all purposes connected with the proper use and enjoyment of his Unit Provided That: (a) the Recreational Facilities may only be used for such purposes by the residents of the Flats Residential Units and their bona fide visitors; (b) notwithstanding paragraph 1(a) of Part A of this Schedule, the Owners, tenants, licensees and invitees of any Unit may always make use of the Common Parts covered by paragraph 1(a) of Part A of this Schedule for the purpose of: (i) escape or seeking refuge in case of a fire or other emergency; or (ii) obtaining access to and from their respective Units (or parts thereof) or any category of Common Parts which they are entitled to make use of, where such access cannot practically be obtained other than through the Common Parts referred to in paragraph 1(a) of Part A of this Schedule; and; (c) for the avoidance of doubt and without prejudice to the generality of the other provision of this paragraph 1: (i) the Owner of any Flat Residential Units and his tenants, licensees and invitees may with or without surveyors, workmen and others and with or without plant, equipment and materials with or without vehicles at all times to pass and xxxxxx on, along, over, by and through the Parking Common Parts, including, without limitation, the driveways forming part thereof freely and without payment of any nature whatsoever for the purpose of gaining access from or to any Residential Common Parking Space or any Parts on Basement Floor (including without limitation Residential Common Parts Parking Space) for all purposes connected with the proper use and enjoyment of that Residential Common Parking Space or Residential Common Parts; andthe same; (ii) the Owner of any Unit and his tenants, licensees and invitees may with or without surveyors, workmen and others and with or without plant, equipment and materials with vehicles (in the case when this right is exercised over the driveways forming part of the Parking Common Parts) or without vehicles at all times to pass and xxxxxx on, along, over, by and through the Residential Common Parts and the Parking Common Parts freely and without payment of any nature whatsoever for the purpose of gaining access from or to any Development Common Part for all purposes connected with the proper use and enjoyment of that Development Common Part; and (iii) the Owner of the Commercial Accommodation and his tenants, licensees and invitees may with or without surveyors, workmen and others and with or without plant, equipment and materia ls with or without vehicles at all times to pass and xxxxxx on, along, over, by and through the Parking Common Parts freely and without payment of any nature whatsoever for the purpose of gaining access from, to or between any part of the Commercial Accommodation or any Commercial Common Parts on Basement Floor; (d) nothing in this paragraph 1 shall prejudice any right granted under paragraphs 2 to 5 of Part A of this Schedule.

Appears in 1 contract

Samples: Deed of Mutual Covenant and Management Agreement

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Right to use Common Parts. Subject to the rights of the Manager and the First Owner in this Deed and subject also to the Land Grant, the right for the Owner and his tenants, licensees and invitees to use the Common Parts for all purposes connected with the proper use and enjoyment of his Unit Provided That: (a) the Recreational Facilities may only be used for such purposes by the residents of the Flats and their bona fide visitors; (b) notwithstanding paragraph 1(a) of Part A of this Schedule, the Owners, tenants, licensees and invitees of any Unit may always make use of the Common Parts covered by paragraph 1(a) of Part A of this Schedule for the purpose of: (i) escape or seeking refuge in case of a fire or other emergency; or (ii) obtaining access to and from their respective Units (or parts thereof) or any category of Common Parts which they are entitled to make use of, where such access cannot practically be obtained other than through the Common Parts referred to in paragraph 1(a) of Part A of this Schedule; and; (c) for the avoidance of doubt and without prejudice to the generality of the other provision of this paragraph 1: (i) the Owner of any Flat and his tenants, licensees and invitees may with or without surveyors, workmen and others and with or without plant, equipment and materials with or without vehicles at all times to pass and xxxxxx on, along, over, by and through the Parking Common Parts, including, without limitation, the driveways forming part thereof freely and without payment of any nature whatsoever for the purpose of gaining access from or to any Residential Common Parking Space or any Residential Common Parts for all purposes connected with the proper use and enjoyment of that Residential Common Parking Space or Residential Common Parts; and (ii) the Owner of any Unit and his tenants, licensees and invitees may with or without surveyors, workmen and others and with or without plant, equipment and materials with vehicles (in the case when this right is exercised over the driveways forming part of the Parking Common Parts) or without vehicles at all times to pass and xxxxxx on, along, over, by and through the Residential Common Parts and the Parking Common Parts freely and without payment of any nature whatsoever for the purpose of gaining access from or to any Development Common Part for all purposes connected with the proper use and enjoyment of that Development Common Part; and (d) nothing in this paragraph 1 shall prejudice any right granted under paragraphs 2 to 5 of Part A of this Schedule.

Appears in 1 contract

Samples: Deed of Mutual Covenant and Management Agreement

Right to use Common Parts. Subject to the rights of the Manager and the First Owner in this Deed and subject also to the Land Grant, the right for the Owner and his tenants, licensees and invitees to use the Common Parts for all purposes connected with the proper use and enjoyment of his Unit Provided That: (a) the Recreational Facilities may only be used for such purposes by the residents of the Flats and their bona fide visitors; (b) notwithstanding paragraph 1(a) of Part A of this Schedule, the Owners, tenants, licensees and invitees of any Unit may always make use of the Common Parts covered by paragraph 1(a) of Part A of this Schedule and Covered Landscaped Area for the purpose of: (i) escape or seeking refuge in case of a fire or other emergency; or (ii) obtaining access to and from their respective Units (or parts thereof) or any category of Common Parts which they are entitled to make use of, where such access cannot practically be obtained other than through the Common Parts referred to in paragraph 1(a) of Part A of this ScheduleSchedule or (as the case may be) Covered Landscaped Area; and (c) the Owner of the Government Accommodation and its lessees, tenants, licensees and persons authorised by it or occupier for the time being of the Government Accommodation, shall have the right to go pass and xxxxxx over and along and to use any Common Parts in connection with the proper use and enjoyment of the Government Accommodation and to use and receive the benefit of any Common Parts; and (d) for the avoidance of doubt and without prejudice to the generality of the other provision of this paragraph 1: (i) the Owner of any Flat and his tenants, licensees licensees, invitees and invitees visitors may with or without surveyors, workmen and others and with or without plant, equipment equipment, materials and materials with or without vehicles at all times to pass and xxxxxx on, along, over, by and through the Parking Common Parts, including, without limitation, the driveways forming part thereof freely and without payment of any nature whatsoever for the purpose of gaining access from or to any Residential Common Parking Space or any Residential Common Parts for all purposes connected with the proper use and enjoyment of that Residential Common Parking Space or Residential Common Parts; and (ii) the Owner of any Unit and his tenants, licensees and invitees may with or without surveyors, workmen and others and with or without plant, equipment and materials with vehicles (in the case when this right is exercised over the driveways forming part of the Parking Common Parts) or without vehicles at all times to pass and xxxxxx on, along, over, by and through the Residential Common Parts and the Parking Common Parts freely and without payment of any nature whatsoever for the purpose of gaining access from or to any Development Common Part visitors’ parking space or bicycle parking space for all purposes connected with the proper use and enjoyment of that Development Common Partthe same; and (dii) the Owner of a Shop and his tenants, licensees, invitees and visitors may with or without surveyors, workmen and others and with or without plant, equipment, materials and vehicles at all times to pass and xxxxxx on, along, over, by and through the Parking Common Parts and Residential Common Parts freely and without payment of any nature whatsoever for the purpose of gaining access from or to any part of a Shop (including those parts of a Shop on the Basement Floor or the 5th Floor) Provided That where such right is exercised over the Recreational Facilities it may only be exercised during such times as the Manager may (acting reasonably) permit (except in an emergency when the right may be exercised at all times) and the Owner of the Shop concerned shall cause as little disturbance to the users of the Recreational Facilities as possible and shall make good any damaged caused by the exercising of such right; and (e) nothing in this paragraph 1 shall prejudice any right granted under paragraphs 2 to 5 of Part A of this Schedule.

Appears in 1 contract

Samples: Deed of Mutual Covenant and Management Agreement

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