Common use of Temporary Accommodation Clause in Contracts

Temporary Accommodation. (a) If the Unit or the building of which it forms part is damaged so as to render the Unit uninhabitable, then the Operator shall (subject to clause 16.8) use the Operator’s best endeavours to provide as soon as possible the Resident with temporary accommodation until the Unit is repaired or replaced by another unit and is ready for occupation. The Operator makes no guarantee that the Operator will be in a position to provide such temporary accommodation, and the Resident should be aware that the Resident may have to arrange the Resident’s own accommodation at the Resident’s cost until the Resident is able to return to the Unit. The Resident may (but is not required to) take out their own insurance policy for the provision of temporary accommodation. Refer also to clauses 3.2(l) and 3.3(c) relating to the payment of fees (b) If the Unit has been damaged or destroyed through no fault of the Resident and is uninhabitable, and the Operator provides temporary accommodation to the Resident, the Resident shall pay the Operator the Service Fee relating to that temporary accommodation (which may or may not be the same amount as the Service Fee for the damaged or destroyed Unit). If the Operator does not provide the Resident temporary accommodation, the Resident shall not be required to pay the Service Fee from the date that the damage or destruction has caused the Unit to be uninhabitable. If this Occupation Right Agreement is not terminated, the Resident shall resume payment of the Service Fee from the date the Unit is repaired or replaced by another unit and is ready for occupation. (c) If the Unit has been damaged or destroyed through no fault by the Resident and is uninhabitable, and the Operator does not provide the Resident temporary accommodation, the Deferred Management Fee shall stop accruing from the date that the damage or destruction has caused the Unit to be uninhabitable. If the Occupation Right Agreement is not terminated, the Deferred Management Fee shall resume accruing from the date the Unit is repaired or replaced by another unit and is ready for occupation.