Rule 36

Claims

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Rule 36

Claims

A. Without prejudice to any other provision of these Rules and without waiving any of the Association’s rights hereunder, the Managers may at any and all times appoint and employ on behalf of the Owner upon such terms as the Managers may think fit lawyers, surveyors or other persons for the purpose of dealing with any matter liable to give rise to a claim by an Owner upon the Association, including investigating or advising upon any such matter and taking or defending legal or other proceedings in connection therewith. The Managers may also at any time discontinue such employment if they think fit.

B. All lawyers, surveyors and other persons appointed by the Managers on behalf of the Owner or appointed by the Owner with the prior consent of the Managers shall at all times be and be deemed to be appointed and employed on the terms that they have been instructed by the Owner at all times (both while so acting and after having retired from the matter) to give advice and to report to the Association in connection with the matter without prior reference to the Owner and to produce to the Association without prior reference to the Owner any documents or information in their possession or power relating to such matter, all as if such person had been appointed to act and had at all times been acting on behalf of the Association.

C. The Owner shall provide to all lawyers, surveyors and other persons appointed by the Managers on behalf of the Owner any information or documentation relevant to any matter liable to give rise to a claim by the Owner upon the Association of which it is aware or is in its power, custody or control and make available for interview any employee or agent of the Owner whom the lawyers, surveyors or the Association believe may have any knowledge of the matter. The Owner shall not withhold or conceal any documents or other evidence which may be relevant to disclose or make any false statements and where such evidence is withheld or concealed or a false statement made any liabilities, costs and expenses incurred or reimbursed by the Association shall be repaid by the Owner.