Partial Taking of Cottages definition

Partial Taking of Cottages means the Expropriation of any one (1) or more but less than all of the Cottages. A “Complete Taking of Cottages” means the Expropriation of all of the Cottages.
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Partial Taking of Cottages means the Expropriation of any one
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Partial Taking of Cottages means the Expropriation of any one (1) or more but less than all of the Cottages. A “Complete Taking of Cottages” means the Expropriation of all of the Cottages. (c) “Restoration” following any Destruction or Expropriation means the repair, reconstruction or replacement of the Association Property or the Project, to restore them to an attractive, sound, functional and desirable condition as an upscale resort, including, if the Board deems it desirable or necessary, the replacement of any improvements taken. In either case, if reasonably possible, taking into account the portions damaged or destroyed by any Destruction or taken by Expropriation, Restoration shall conform to the original plans and specifications; but if the Board decides that conforming to such original plans and specifications is impracticable or is not in compliance with applicable laws, ordinances, building codes or other governmental rules or regulations then in effect, then Restoration shall be of a kind and quality substantially the same as the condition as such portions existed before the Destruction or Expropriation. (d) “Restoration Funds” in the case of any Destruction, means: (i) Proceeds from insurance, received by the Association as a result of the Destruction, but deducting there from reasonable and necessary costs and expenses incurred, if any, to collect the same, including, without limitation, legal fees, appraiser’s and adjuster’s fees and court costs, and (ii) any surplus funds and those amounts, if any, held in the Capital Reserve Account. “Restoration Funds” in the case of Expropriation means: (i) Expropriation Proceeds which are the entire amount received by the Association as compensation for any Expropriation, including without limitation any amount awarded as special damages, but deducting there from reasonable and necessary costs and expenses incurred, if any, to collect the same, including without limitation, legal fees, appraiser’s fees and court costs; and (ii) any surplus funds and those amounts, if any, held in the Capital Reserve Account. 10.02
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Examples of Partial Taking of Cottages in a sentence

  • In exercising their discretion, the Board can assess a Special Charge against such Owners in such amount as the Board determines equitable which may be less than but not more than the Special Charge assessed to Owners whose Cottages were affected by a Partial Taking of Cottages or a Partial Destruction of Cottages.

  • Owners whose Cottages are not affected by a Partial Taking of Cottages or a Partial Destruction of Cottages shall not be entitled to vote in such circumstance.

  • The Association must undertake the Restoration unless in the case of a Partial Destruction of Cottages or Partial Taking of Cottages, the Owners of at least seventy-five (75%) percent of the Intervals in the Cottages that would be included in the Restoration agree in writing prior to or vote at the special meeting of the Association that the Restoration shall not be undertaken.

  • Only Owners whose Cottages are affected by a Partial Taking of Cottages or Partial Destruction of Cottages shall be assessed the Special Charge.

  • The Board shall have the power and authority to access a Special Charge against Owners whose Cottages are not affected by a Partial Taking of Cottages or a Partial Destruction of Cottages if the Board is satisfied that to not do so having regard to the circumstances would be inequitable.

Related to Partial Taking of Cottages

  • Partial Taking means the taking of only a portion of the Premises which does not constitute a Total Taking; (4) "Date of Taking" means the date upon which the title to the Premises, or a portion thereof, passes to and vests in the condemnor or the effective date of any order for possession if issued prior to the date title vests in the condemnor; and (5) "Award" means the amount of any award made, consideration paid, or damages ordered as a result of a Taking.

  • Total Taking means the Taking of the fee title to all the Premises and the Improvements on the Premises, which shall be considered to include any offsite improvements effected by Tenant to serve the Premises or the improvements or the parking on the Premises.

  • Building, structure, facility, or installation means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same major group (i.e., which have the same two-digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement (U.S. Government Printing Office stock numbers 4101-0066 and 003-005-00176-0, respectively).