Common use of Xxx 0000 Clause in Contracts

Xxx 0000. 68 If any of the original parties to this Lease are non-UK parties, include an address for service in the United Kingdom for that party here. 69 The Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016 apply to buildings or building units over 1000m² which do not meet 2002 or later building standards. Ultimate responsibility for compliance with the regulations rests with the building owner, although carrying out the measures or improvement works identified in an action plan can be delegated to a third party e.g. a tenant. The drafting throughout this Lease envisages the Landlord carrying out any necessary works but recovering associated costs via the Service Charge from the Tenant. 70 See FN69 above. As a consequence of the Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016, the importance and necessity to include Part 7 of the Schedule ("Sustainability") has increased. 71 This wording is not required if the Tenant can end this Lease only on a single specified date. 72 The conditions in this break clause are consistent with the Code for Leasing Business Premises (2007). 73 This wording is intended to ensure that the Tenant has given physical possession (ie removed itself and all of its fittings, furniture and equipment from the Premises) and that there are no subsisting occupation rights. However, the wording, in Scotland, may also be considered to include legal (vacant) possession where if the Tenant has not completely removed everything from the Premises by the Break Date (eg left behind some internal partitioning or furniture), it may lose its right to terminate the lease on the Break Date (Riverside Park Ltd v NHS Property Services Limited [2016] EWHC 1313 (Ch)). The Code for Leasing Business Premises in England & Wales published in March 2007 recommends that "The only pre-conditions to tenants exercising any break clauses should be that they are up to date with the main rent, give up occupation and leave behind no continuing subleases. Disputes about the state of the premises, or what has been left behind or removed, should be settled later (like with normal lease expiry)". The Tenant may, therefore, want to consider deleting this wording so that there can be no doubt that the right to break is preserved, leaving the Landlord with the usual remedies against the Tenant in the event that the Tenant has not given full legal and physical possession to the Landlord on the Break Date. 74 The obligation to repay any rent relating to the period after the Break Date is in Clause 5.4. 75 Appropriate rights will be property specific in each case. 76 Consider the Landlord's policy on staff parking within the Centre. 77 The safeguards that tenants ordinarily look for where a landlord has a right of entry are contained in Clause 5.5. There is no need to repeat them in this Part of the Schedule.

Xxx 0000. 68 If 60If any of the original parties to this Lease are non-UK parties, include an address for service in the United Kingdom for that party here. 69 61 The Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016 apply to buildings or building units over 1000m² which do not meet 2002 or later building standards. Ultimate responsibility for compliance with the regulations rests with the building owner, although carrying out the measures or improvement works identified in an action plan can be delegated to a third party e.g. a tenant. The drafting throughout this Lease envisages the Landlord carrying out any necessary works but recovering associated costs via the Service Charge service charge from the Tenant. 70 62 See FN69 FN61 above. As a consequence of the Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016, the importance and necessity to include Part 7 8 of the Schedule ("Sustainability") has increased. 71 63 This wording is not required if the Tenant can end this Lease only on a single specified date. 72 64 The conditions in this break clause are consistent with the Code for Leasing Business Premises (2007). 73 65 This wording is intended to ensure that the Tenant has given physical possession (ie removed itself and all of its fittings, furniture and equipment from the Premises) and that there are no subsisting occupation rights. However, the wording, in Scotland, may also be considered to include legal (vacant) possession where if the Tenant has not completely removed everything from the Premises by the Break Date (eg left behind some internal partitioning or furniture), it may lose its right to terminate the lease on the Break Date (Riverside Park Ltd v NHS Property Services Limited [2016] EWHC 1313 (Ch)). The Code for Leasing Business Premises in England & Wales published in March 2007 recommends that that: "The only pre-conditions to tenants exercising any break clauses should be that they are up to date with the main rent, give up occupation and leave behind no continuing subleases. Disputes about the state of the premises, or what has been left behind or removed, should be settled later (like with normal lease expiry)". ." The Tenant may, therefore, want to consider deleting this wording so that there can be no doubt that the right to break is preserved, leaving the Landlord with the usual remedies against the Tenant in the event that the Tenant has not given full legal and physical possession to the Landlord on the Break Date. 74 66 The obligation to repay any rent relating to the period after the Break Date is in Clause 5.4. 75 67 Appropriate rights will be property specific in each case. 76 68 Consider the Landlord's policy on staff parking within the CentreEstate. 77 69 The safeguards that tenants ordinarily look for where a landlord has a right of entry are contained in Clause 5.55.5 (Landlord's obligations). There is no need to repeat them in this Part of the Schedule. 70 This Part of the Schedule contains an open market review. There is no attempt to review to a headline rent. 71 There is deliberately no assumption that the Premises are fitted-out. If the Premises are to be valued on the assumption that they are handed over to the Tenant in a specific state (such as shell and core with capped services) then a rent review specification will be needed and an additional assumption added that the Premises are handed over to the willing tenant in the state set out in the specification. 72 This assumption is considered to be neutral. There is no attempt to review to a headline rent. 73 If this Lease follows on from a pre existing lease with the Tenant or on a lease re-gearing consider carefully the extent of the Premises to be taken into account on a rent review under this Lease and whether works carried out under the Prior Lease should be taken into account or disregarded for the purposes of rent review. 74 In any case where the Tenant may be able to install a mezzanine floor (or if one is already present) you should include this sub-paragraph (g).

Xxx 0000. 68 58 If any of the original parties to this Lease are non-UK parties, include an address for service in the United Kingdom for that party here. 69 59 The Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016 apply to buildings or building units over 1000m² which do not meet 2002 or later building standards. Ultimate responsibility for compliance with the regulations rests with the building owner, although carrying out the measures or improvement works identified in an action plan can be delegated to a third party e.g. a tenant. The drafting throughout this Lease envisages the Landlord carrying out any necessary works but recovering associated costs via the Service Charge from the Tenant. 70 60 See FN69 FN59 above. As a consequence of the Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016, the importance and necessity to include Part 7 8 of the Schedule ("Sustainability") has increased. 71 61 This wording is not required if the Tenant can end this Lease only on a single specified date. 72 62 The conditions in this break clause are consistent with the Code for Leasing Business Premises (2007). 73 63 This wording is intended to ensure that the Tenant has given physical possession (ie removed itself and all of its fittings, furniture and equipment from the Premises) and that there are no subsisting occupation rights. However, the wording, in Scotland, may also be considered to include legal (vacant) possession where if the Tenant has not completely removed everything from the Premises by the Break Date (eg left behind some internal partitioning or furniture), it may lose its right to terminate the lease on the Break Date (Riverside Park Ltd v NHS Property Services Limited [2016] EWHC 1313 (Ch)). The Code for Leasing Business Premises in England & Wales published in March 2007 recommends that "The only pre-conditions to tenants exercising any break clauses should be that they are up to date with the main rent, give up occupation and leave behind no continuing subleases. Disputes about the state of the premises, or what has been left behind or removed, should be settled later (like with normal lease expiry)". The Tenant may, therefore, want to consider deleting this wording so that there can be no doubt that the right to break is preserved, leaving the Landlord with the usual remedies against the Tenant in the event that the Tenant has not given full legal and physical possession to the Landlord on the Break Date. 74 64 The obligation to repay any rent relating to the period after the Break Date is in Clause 5.4. 75 65 Appropriate rights will be property specific in each case. 76 Consider 66 If the Landlord's policy Landlord grants the Tenant this right, the Landlord should consider whether there are any specific restrictions on staff parking within the Centre. 77 The safeguards use of the right that tenants ordinarily look for where a landlord has a right of entry are contained in Clause 5.5. There is no need to repeat them should be included in this Part of the ScheduleLease.

Xxx 0000. 68 62 If any of the original parties to this Lease are non-UK parties, include an address for service in the United Kingdom for that party here. 69 63 The Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016 apply to buildings or building units over 1000m² which do not meet 2002 or later building standards. Ultimate responsibility for compliance with the regulations rests with the building owner, although carrying out the measures or improvement works identified in an action plan can be delegated to a third party e.g. a tenant. The drafting throughout this Lease envisages the Landlord carrying out any necessary works but recovering associated costs via the Service Charge service charge from the Tenant. 70 64 See FN69 FN 63 above. As a consequence of the Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016, the importance and necessity to include Part 7 8 of the Schedule ("Sustainability") has increased. 71 65 This wording is not required if the Tenant can end this Lease only on a single specified date. 72 66 The conditions in this break clause are consistent with the Code for Leasing Business Premises (2007). 73 67 This wording is intended to ensure that the Tenant has given physical possession (ie removed itself and all of its fittings, furniture and equipment from the Premises) and that there are no subsisting occupation rights. However, the wording, in Scotland, may also be considered to include legal (vacant) possession where if the Tenant has not completely removed everything from the Premises by the Break Date (eg left behind some internal partitioning or furniture), it may lose its right to terminate the lease on the Break Date (Riverside Park Ltd v NHS Property Services Limited [2016] EWHC 1313 (Ch)). The Code for Leasing Business Premises in England & Wales published in March 2007 recommends that that: "The only pre-conditions to tenants exercising any break clauses should be that they are up to date with the main rent, give up occupation and leave behind no continuing subleases. Disputes about the state of the premises, or what has been left behind or removed, should be settled later (like with normal lease expiry)". ." The Tenant may, therefore, want to consider deleting this wording so that there can be no doubt that the right to break is preserved, leaving the Landlord with the usual remedies against the Tenant in the event that the Tenant has not given full legal and physical possession to the Landlord on the Break Date. 74 68 The obligation to repay any rent relating to the period after the Break Date is in Clause 5.4. 75 69 Appropriate rights will be property specific in each case. 76 Consider 70 Include this right only where the Landlord's policy on staff parking within Tenant will have a specific requirement to install new Conducting Media to serve the Centre. 77 The safeguards that tenants ordinarily look for where a landlord has a right of entry are contained in Clause 5.5. There is no need to repeat them in this Part of the SchedulePremises.

Xxx 0000. 68 67 If any of the original parties to this Lease are non-UK parties, include an address for service in the United Kingdom for that party here. 69 68 The Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016 apply to buildings or building units over 1000m² which do not meet 2002 or later building standards. Ultimate responsibility for compliance with the regulations rests with the building owner, although carrying out the measures or improvement works identified in an action plan can be delegated to a third party e.g. a tenant. The drafting throughout this Lease envisages the Landlord carrying out any necessary works but recovering associated costs via the Service Charge from the Tenant. 70 69 See FN69 FN65 above. As a consequence of the Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016, the importance and necessity to include Part 7 of the Schedule ("Sustainability") has increased. 71 70 This wording is not required if the Tenant can end this Lease only on a single specified date. 72 71 The conditions in this break clause are consistent with the Code for Leasing Business Premises (2007). 73 72 This wording is intended to ensure that the Tenant has given physical possession (ie removed itself and all of its fittings, furniture and equipment from the Premises) and that there are no subsisting occupation rights. However, the wording, in Scotland, may also be considered to include legal (vacant) possession where if the Tenant has not completely removed everything from the Premises by the Break Date (eg left behind some internal partitioning or furniture), it may lose its right to terminate the lease this Lease on the Break Date (Riverside Park Ltd v NHS Property Services Limited [2016] EWHC 1313 (Ch)). The Code for Leasing Business Premises in England & Wales published in March 2007 recommends that "The only pre-conditions to tenants exercising any break clauses should be that they are up to date with the main rent, give up occupation and leave behind no continuing subleases. Disputes about the state of the premises, or what has been left behind or removed, should be settled later (like with normal lease expiry)". The Tenant may, therefore, want to consider deleting this wording so that there can be no doubt that the right to break is preserved, leaving the Landlord with the usual remedies against the Tenant in the event that the Tenant has not given full legal and physical possession to the Landlord on the Break Date. 74 73 The obligation to repay any rent relating to the period after the Break Date is in Clause 5.4. 75 74 Appropriate rights will be property specific in each case. 76 75 Consider the Landlord's policy on staff parking within the Centre. 77 76 The safeguards that tenants ordinarily look for where a landlord has a right of entry are contained in Clause 5.5. There is no need to repeat them in this Part of the Schedule. 77 Clause 5.12 is the clause that requires the Landlord to maintain sightlines for the Premises and not to place items within an agreed exclusion zone. 78 This Part of the Schedule contains an open market review. There is no attempt to review to a headline rent. 79 There is deliberately no assumption that the Premises are fitted-out. If the Premises are to be valued on the assumption that they are handed over to the Tenant in a specific state (such as shell and core with capped services) then a rent review specification will be needed and an additional assumption added that the Premises are handed over to the willing tenant in the state set out in the specification. 80 This assumption is considered to be neutral. There is no attempt to review to a headline rent. 81 If this Lease follows on from a pre-existing lease with the Tenant or on a lease re-gearing consider carefully the extent of the Premises to be taken into account on a rent review under this Lease and whether works carried out under the Prior Lease should be taken into account or disregarded for the purposes of rent review. 82 In any case where the Tenant may be able to install a mezzanine floor (or if one is already present) you should include paragraph (g) of this definition.

Xxx 0000. 68 48 If any of the original parties to this Lease are non-UK parties, include an address for service in the United Kingdom for that party here. 69 49 The Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016 apply to buildings or building units over 1000m² which do not meet 2002 or later building standards. Ultimate responsibility for compliance with the regulations rests with the building owner, although carrying out the measures or improvement works identified in an action plan can be delegated to a third party e.g. a tenant. The drafting throughout this Lease envisages the Landlord carrying out any necessary works but recovering associated costs via the Service Charge from the Tenant. 70 50 See FN69 FN49 above. As a consequence of the Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016, the importance and necessity to include Part 7 of the Schedule ("Sustainability") has increased. 71 51 This wording is not required if the Tenant can end this Lease only on a single specified date. 72 52 The conditions in this break clause are consistent with the Code for Leasing Business Premises (2007). 73 53 This wording is intended to ensure that the Tenant has given physical possession (ie removed itself and all of its fittings, furniture and equipment from the Premises) and that there are no subsisting occupation rights. However, the wording, in Scotland, may also be considered to include legal (vacant) possession where if the Tenant has not completely removed everything from the Premises by the Break Date (eg left behind some internal partitioning or furniture), it may lose its right to terminate the lease on the Break Date (Riverside Park Ltd v NHS Property Services Limited [2016] EWHC 1313 (Ch)). The Code for Leasing Business Premises in England & Wales published in March 2007 recommends that "The only pre-conditions to tenants exercising any break clauses should be that they are up to date with the main rent, give up occupation and leave behind no continuing subleases. Disputes about the state of the premises, or what has been left behind or removed, should be settled later (like with normal lease expiry)". The Tenant may, therefore, want to consider deleting this wording so that there can be no doubt that the right to break is preserved, leaving the Landlord with the usual remedies against the Tenant in the event that the Tenant has not given full legal and physical possession to the Landlord on the Break Date. 74 The obligation to repay any rent relating to the period after the Break Date is in Clause 5.4. 75 Appropriate rights will be property specific in each case. 76 Consider the Landlord's policy on staff parking within the Centre. 77 The safeguards that tenants ordinarily look for where a landlord has a right of entry are contained in Clause 5.5. There is no need to repeat them in this Part of the Schedule.

Xxx 0000. 68 52 If any of the original parties to this Lease are non-UK parties, include an address for service in the United Kingdom for that party here. 69 53 The Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016 apply to buildings or building units over 1000m² which do not meet 2002 or later building standards. Ultimate responsibility for compliance with the regulations rests with the building owner, although carrying out the measures or improvement works identified in an action plan can be delegated to a third party e.g. a tenant. The drafting throughout this Lease envisages the Landlord carrying out any necessary works but recovering associated costs via the Service Charge from the Tenant. 70 54 See FN69 FN 53 above. As a consequence of the Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016, the importance and necessity to include Part 7 Error: Reference source not found of the Schedule ("Sustainability") has increased. 71 55 This wording is not required if the Tenant can end this Lease only on a single specified date. 72 56 The conditions in this break clause are consistent with the Code for Leasing Business Premises (2007). 73 57 This wording is intended to ensure that the Tenant has given physical possession (ie removed itself and all of its fittings, furniture and equipment from the Premises) and that there are no subsisting occupation rights. However, the wording, in Scotland, may also be considered to include legal (vacant) possession where if the Tenant has not completely removed everything from the Premises by the Break Date (eg left behind some internal partitioning or furniture), it may lose its right to terminate the lease on the Break Date (Riverside Park Ltd v NHS Property Services Limited [2016] EWHC 1313 (Ch)). The Code for Leasing Business Premises in England & Wales published in March 2007 recommends that "The only pre-conditions to tenants exercising any break clauses should be that they are up to date with the main rent, give up occupation and leave behind no continuing subleases. Disputes about the state of the premises, or what has been left behind or removed, should be settled later (like with normal lease expiry)". The Tenant may, therefore, want to consider deleting this wording so that there can be no doubt that the right to break is preserved, leaving the Landlord with the usual remedies against the Tenant in the event that the Tenant has not given full legal and physical possession to the Landlord on the Break Date. 74 58 The obligation to repay any rent relating to the period after the Break Date is in Clause 5.4Error: Reference source not found. 75 59 Appropriate rights will be property property-specific in each case. 76 Consider 60 Where the Landlord's policy Premises connect directly to the public mains for all services and the Landlord does not own adjoining premises, it will not be necessary to grant the Tenant any rights on staff parking within the Centregrant of this Lease. 77 61 The safeguards that tenants ordinarily look for where a landlord has a right of entry are contained in Clause 5.5Error: Reference source not found (Landlord's obligations). There is no need to repeat them in this Part of the Schedule. 62 This Part of the Schedule contains an open market review. There is no attempt to review to a headline rent. 63 There is deliberately no assumption that the Premises are fitted-out. If the Premises are to be valued on the assumption that they are handed over to the Tenant in a specific state (such as shell and core with capped services) then a rent review specification will be needed and an additional assumption added that the Premises are handed over to the willing tenant in the state set out in the specification. 64 This assumption is considered to be neutral. There is no attempt to review to a headline rent. 65 If this Lease follows on from a pre existing lease with the Tenant or on a lease re-gearing consider carefully the extent of the Premises to be taken into account on a rent review under this Lease and whether works carried out under the Prior Lease should be taken into account or disregarded for the purposes of rent review 66 In any case where the Tenant may be able to install a mezzanine floor (or if one is already present) you should include paragraph Error: Reference source not found of this definition. 67 All break clauses in this Lease are ignored (other than those that arise following a failure to reinstate insured or uninsured damage in Error: Reference source not found of the Schedule). Any corresponding break clauses in the Hypothetical Lease should be included in paragraph Error: Reference source not found of this definition. Where there is a rent free period or concessionary rent that follows the non-exercise of the break clause, consider including a specific exclusion of it. 69 Current market practice is generally not to use the expression "best rent". 70 Consider which option the client prefers for resolving rent review disputes. 71 Consider whether the parties wish any of the non-mandatory Scottish Arbitration Rules to be disapplied at this stage. 72 Possible need to calibrate with the corresponding chosen Interest Rate to achieve a base rate "outcome". 73 Please refer to the PSG Rent Review Memorandum in this context. 74 A decision has been taken not to include provisions to circumvent any statutory restrictions on implementing rent reviews or to nominate an extra rent review date when any restrictions cease to have effect. 75 Note that Clause Error: Reference source not found already requires the amounts to be reasonable and proper. 76 Consider whether and from which date rent suspension should apply following uninsured damage. 77 This Part of the Schedule sets out the standard provisions that will apply when the Tenant carries out works. The inclusion of this Part of the Schedule will enable the Landlord to grant consent to Tenant's works of a routine nature by reference to the obligations in this Part of the Schedule without the need for a detailed licence for alterations. 78If you want the Tenant to complete any works to the Premises within a set period after work has commenced, you will need to provide for this specifically in this paragraph.

Xxx 0000. 68 40 If any of the original parties to this Lease are non-UK parties, include an address for service in the United Kingdom for that party here. 69 41 The Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016 apply to buildings or building units over 1000m² which do not meet 2002 or later building standards. Ultimate responsibility for compliance with the regulations rests with the building owner, although carrying out the measures or improvement works identified in an action plan can be delegated to a third party e.g. a tenant. The drafting throughout this Lease envisages the Landlord carrying out any necessary works but recovering associated costs via the Service Charge from the Tenant. 70 42 See FN69 FN41 above. As a consequence of the Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016, the importance and necessity to include Part 7 of the Schedule ("Sustainability") has increased. 71 43 This wording is not required if the Tenant can end this Lease only on a single specified date. 72 44 The conditions in this break clause are consistent with the Code for Leasing Business Premises (2007). 73 45 This wording is intended to ensure that the Tenant has given physical possession (ie removed itself and all of its fittings, furniture and equipment from the Premises) and that there are no subsisting occupation rights. However, the wording, in Scotland, may also be considered to include legal (vacant) possession where if the Tenant has not completely removed everything from the Premises by the Break Date (eg left behind some internal partitioning or furniture), it may lose its right to terminate the lease on the Break Date (Riverside Park Ltd v NHS Property Services Limited [2016] EWHC 1313 (Ch)). The Code for Leasing Business Premises in England & Wales published in March 2007 recommends that "that: “The only pre-conditions to tenants exercising any break clauses should be that they are up to date with the main rent, give up occupation and leave behind no continuing subleases. Disputes about the state of the premises, or what has been left behind or removed, should be settled later (like with normal lease expiry)". .” The Tenant may, therefore, want to consider deleting this wording so that there can be no doubt that the right to break is preserved, leaving the Landlord with the usual remedies against the Tenant in the event that the Tenant has not given full legal and physical possession to the Landlord on the Break Date. 74 The obligation to repay any rent relating to the period after the Break Date is in Clause 5.4. 75 Appropriate rights will be property specific in each case. 76 Consider the Landlord's policy on staff parking within the Centre. 77 The safeguards that tenants ordinarily look for where a landlord has a right of entry are contained in Clause 5.5. There is no need to repeat them in this Part of the Schedule.

Xxx 0000. 68 If 70If any of the original parties to this Lease are non-UK parties, include an address for service in the United Kingdom for that party here. 69 71 The Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016 apply to buildings or building units over 1000m² which do not meet 2002 or later building standards. Ultimate responsibility for compliance with the regulations rests with the building owner, although carrying out the measures or improvement works identified in an action plan can be delegated to a third party e.g. a tenant. The drafting throughout this Lease envisages the Landlord carrying out any necessary works but recovering associated costs via the Service Charge from the Tenant. 70 72 See FN69 FN71 above. As a consequence of the Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016, the importance and necessity to include Part 7 of the Schedule ("Sustainability") has increased. 71 73 This wording is not required if the Tenant can end this Lease only on a single specified date. 72 74 The conditions in this break clause are consistent with the Code for Leasing Business Premises (2007). 73 75 This wording is intended to ensure that the Tenant has given physical possession (ie removed itself and all of its fittings, furniture and equipment from the Premises) and that there are no subsisting occupation rights. However, the wording, in Scotland, may also be considered to include legal (vacant) possession where if the Tenant has not completely removed everything from the Premises by the Break Date (eg left behind some internal partitioning or furniture), it may lose its right to terminate the lease on the Break Date (Riverside Park Ltd v NHS Property Services Limited [2016] EWHC 1313 (Ch)). The Code for Leasing Business Premises in England & Wales published in March 2007 recommends that that: "The only pre-conditions to tenants exercising any break clauses should be that they are up to date with the main rent, give up occupation and leave behind no continuing subleases. Disputes about the state of the premises, or what has been left behind or removed, should be settled later (like with normal lease expiry)". The Tenant may, therefore, want to consider deleting this wording so that there can be no doubt that the right to break is preserved, leaving the Landlord with the usual remedies against the Tenant in the event that the Tenant has not given full legal and physical possession to the Landlord on the Break Date. 74 76 The obligation to repay any rent relating to the period after the Break Date is in Clause 5.4. 75 77 Appropriate rights will be property specific in each case. 76 Consider 78 This definition is required only where the Landlord's policy on staff parking within roof space is excluded from the Centre. 77 The safeguards Premises but the Tenant will be granted rights to use that tenants ordinarily look for where a landlord has roof space to install Plant or the Tenant will be granted a right of entry are contained to install Plant in Clause 5.5. There is no need to repeat them in this Part of a Plant Area outside the SchedulePremises.

Xxx 0000. 68 If 46If any of the original parties to this Lease are non-UK parties, include an address for service in the United Kingdom for that party here. 69 The 47The Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016 apply to buildings or building units over 1000m² which do not meet 2002 or later building standards. Ultimate responsibility for compliance with the regulations rests with the building owner, although carrying out the measures or improvement works identified in an action plan can be delegated to a third party e.g. a tenant. The drafting throughout this Lease envisages the Landlord carrying out any necessary works but recovering associated costs via the Service Charge from the Tenant. 70 See FN69 48See FN47 above. As a consequence of the Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016, the importance and necessity to include Part 7 of the Schedule ("Sustainability") has increased. 71 This 49This wording is not required if the Tenant can end this Lease only on a single specified date. 72 The 50The conditions in this break clause are consistent with the Code for Leasing Business Premises (2007). 73 This 51This wording is intended to ensure that the Tenant has given physical possession (ie removed itself and all of its fittings, furniture and equipment from the Premises) and that there are no subsisting occupation rights. However, the wording, in Scotland, may also be considered to include legal (vacant) possession where if the Tenant has not completely removed everything from the Premises by the Break Date (eg left behind some internal partitioning or furniture), it may lose its right to terminate the lease on the Break Date (Riverside Park Ltd v NHS Property Services Limited [2016] EWHC 1313 (Ch)). The Code for Leasing Business Premises in England & Wales published in March 2007 recommends that "The only pre-conditions to tenants exercising any break clauses should be that they are up to date with the main rent, give up occupation and leave behind no continuing subleases. Disputes about the state of the premises, or what has been left behind or removed, should be settled later (like with normal lease expiry)". The Tenant may, therefore, want to consider deleting this wording so that there can be no doubt that the right to break is preserved, leaving the Landlord with the usual remedies against the Tenant in the event that the Tenant has not given full legal and physical possession to the Landlord on the Break Date. 74 The 52The obligation to repay any rent relating to the period after the Break Date is in Clause 5.45.3. 75 53 Appropriate rights will be property property-specific in each case. 76 Consider 54Where the Landlord's policy Premises connect directly to the public mains for all services and the Landlord does not own adjoining premises, it will not be necessary to grant the Tenant any rights on staff parking within the Centregrant of this Lease. 77 The 55The safeguards that tenants ordinarily look for where a landlord has a right of entry are contained in Clause 5.55.4 (Landlord’s obligations). There is no need to repeat them in this Part of the Schedule. 56This Part of the Schedule contains an open market review. There is no attempt to review to a headline rent. 57There is deliberately no assumption that the Premises are fitted-out. If the Premises are to be valued on the assumption that they are handed over to the Tenant in a specific state (such as shell and core with capped services) then a rent review specification will be needed and an additional assumption added that the Premises are handed over to the willing tenant in the state set out in the specification. 58Include this wording where you are using the environmental provisions in Part 8 of the Schedule because the Permitted Use will require permits under environmental law. Part 8 of the Schedule should be included only where the proposed use of the Premises gives rise to a significant risk of pollution or contamination of the Premises or adjoining premises. 59This assumption is considered to be neutral. There is no attempt to review to a headline rent. 60If this Lease follows on from a pre existing lease with the Tenant or on a lease re-gearing consider carefully the extent of the Premises to be taken into account on a rent review under this Lease and whether works carried out under the Prior Lease should be taken into account or disregarded for the purposes of rent review. 61In any case where the Tenant may be able to install a mezzanine floor (or if one is already present) you should include paragraph (g) of this definition. 62All break clauses in this Lease are ignored (other than those that arise following a failure to reinstate insured or uninsured damage in Part 4 of the Schedule). Any corresponding break clauses in the Hypothetical Lease should be included in paragraph (b)(iii) of this definition. Where there is a rent free period or concessionary rent that follows the non-exercise of the break clause, consider including a specific exclusion of it. 63Consider the treatment of break clauses in the Hypothetical Lease. 64Current market practice is generally not to use the expression "best rent". 65Consider which option the client prefers for resolving rent review disputes. 66Consider whether the parties wish any of the non-mandatory Scottish Arbitration Rules to be disapplied at this stage. 67Possible need to calibrate with the corresponding chosen Interest Rate to achieve a base rate "outcome". 68Please refer to the PSG Rent Review Memorandum in this context. 69A decision has been taken not to include provisions to circumvent any statutory restrictions on implementing rent reviews or to nominate an extra rent review date when any restrictions cease to have effect. 70Note that Clause 2.16 already requires the amounts to be reasonable and proper.

Xxx 0000. 68 If 46If any of the original parties to this Lease are non-UK parties, include an address for service in the United Kingdom for that party here. 69 47 The Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016 apply to buildings or building units over 1000m² which do not meet 2002 or later building standards. Ultimate responsibility for compliance with the regulations rests with the building owner, although carrying out the measures or improvement works identified in an action plan can be delegated to a third party e.g. a tenant. The drafting throughout this Lease envisages the Landlord carrying out any necessary works but recovering associated costs via the Service Charge service charge from the Tenant. 70 See FN69 above. 48 As a consequence of the Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016, the importance and necessity to include Part 7 8 of the Schedule ("“Sustainability"”) has increased. 71 49 This wording is not required if the Tenant can end this Lease only on a single specified date. 72 50 The conditions in this break clause are consistent with the Code for Leasing Business Premises (2007). 73 51 This wording is intended to ensure that the Tenant has given physical possession (ie removed itself and all of its fittings, furniture and equipment from the Premises) and that there are no subsisting occupation rights. However, the wording, in Scotland, may also be considered to include legal (vacant) possession where if the Tenant has not completely removed everything from the Premises by the Break Date (eg left behind some internal partitioning or furniture), it may lose its right to terminate the lease on the Break Date (Riverside Park Ltd v NHS Property Services Limited [2016] EWHC 1313 (Ch)). The Code for Leasing Business Premises in England & Wales published in March 2007 recommends that "that: “The only pre-conditions to tenants exercising any break clauses should be that they are up to date with the main rent, give up occupation and leave behind no continuing subleases. Disputes about the state of the premises, or what has been left behind or removed, should be settled later (like with normal lease expiry)". .” The Tenant may, therefore, want to consider deleting this wording so that there can be no doubt that the right to break is preserved, leaving the Landlord with the usual remedies against the Tenant in the event that the Tenant has not given full legal and physical possession to the Landlord on the Break Date. 74 52 The obligation to repay any rent relating to the period after the Break Date is in Clause 5.4. 75 53 Appropriate rights will be property specific in each case. 76 54 Consider the Landlord's policy on staff parking within the CentreEstate. 77 55 The safeguards that tenants ordinarily look for where a landlord has a right of entry are contained in Clause 5.55.5 (Landlord's obligations). There is no need to repeat them in this Part of the Schedule. 56 This Part of the Schedule contains an open market review. There is no attempt to review to a headline rent. 57 There is deliberately no assumption that the Premises are fitted-out. If the Premises are to be valued on the assumption that they are handed over to the Tenant in a specific state (such as shell and core with capped services) then a rent review specification will be needed and an additional assumption added that the Premises are handed over to the willing tenant in the state set out in the specification. 58 This assumption is considered to be neutral. There is no attempt to review to a headline rent. 59 If this Lease follows on from a pre existing lease with the Tenant or on a lease re-gearing consider carefully the extent of the Premises to be taken into account on a rent review under this Lease and whether works carried out under the Prior Lease should be taken into account or disregarded for the purposes of rent review 60 All break clauses in this Lease are ignored. Any corresponding break clauses in the Hypothetical Lease should be included in sub-paragraph (s). Where there is a rent free period or concessionary rent that follows the non-exercise of the break clause, consider including a specific exclusion of this. 62 Current market practice is generally not to use the expression “best rent”. 63 Consider which option the client prefers for resolving rent review disputes. 64 Consider whether the parties wish any of the non-mandatory Scottish Arbitration Rules to be disapplied at this stage. 65 Possible need to calibrate with the corresponding chosen Interest Rate to achieve a base rate “outcome”. 66 Please refer to the PSG Style Rent Review Memorandum in this context 67 A decision has been taken not to include provisions to circumvent any statutory restrictions on implementing rent reviews or to nominate an extra rent review date when any restrictions cease to have effect. 68 The administrative provisions have deliberately been kept brief because much is covered by the Landlord’s obligations in paragraph 2 of Part 4 of the Schedule to have regard to the Service Charge Code. There is deliberately no provision for a reserve or sinking fund. 69 The Landlord may have agreed to cap the amount of service charge payable by the Tenant. 70 Any sums payable on demand only begin to bear interest for late payment if not paid within 10 Business Days of the date of demand – see Clause 4.5. 71 The Tenant has 4 months to challenge a service charge statement before it becomes binding. Traditionally there has been no right of challenge, unless there was a clear error, but that is considered unjust. A reference to alternative dispute resolution is consistent with the Service Charge Code. 72 Consider whether there should be core services that the Landlord should be under an obligation to provide and non-core services that the Landlord may provide. If the Landlord is under an obligation to provide only core services, consider which services should be core services and which services should be discretionary. 73 There is deliberately no absolute obligation to comply with the Code. Consider the extent to which the Landlord is happy to comply with the obligations in this paragraph and in paragraph 33.2.1(d) 33.2.1(d). 74 As drafted this enables the Landlord to recover the costs of implementing any recommended improvement measures and/or any costs associated with monitoring energy performance and emissions data as per an applicable Action Plan. It may not always be appropriate or realistic to expect the Tenant to meet such costs and consideration to alternative arrangements should be given e.g. 50/50 split in costs between Landlord and Tenant. See FN47 for background. 75 Note that Clause 2.13 already requires the amounts to be reasonable and proper. 76 Consider whether and from which date rent suspension should apply following uninsured damage. 77 This Part of the Schedule sets out the standard provisions that will apply when the Tenant carries out works. The inclusion of this Part of the Schedule will enable the Landlord to grant consent to Tenant's works of a routine nature by reference to the obligations in this Part of the Schedule without the need for a detailed licence for alterations.

Xxx 0000. 68 56 If any of the original parties to this Lease are non-UK parties, include an address for service in the United Kingdom for that party here. 69 57 The Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016 apply to buildings or building units over 1000m² which do not meet 2002 or later building standards. Ultimate responsibility for compliance with the regulations rests with the building owner, although carrying out the measures or improvement works identified in an action plan can be delegated to a third party e.g. a tenant. The drafting throughout this Lease envisages the Landlord carrying out any necessary works but recovering associated costs via the Service Charge from the Tenant. 70 58 See FN69 FN57 above. As a consequence of the Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016, the importance and necessity to include Part 7 of the Schedule ("Sustainability") has increased. 71 59 This wording is not required if the Tenant can end this Lease only on a single specified date. 72 60 The conditions in this break clause are consistent with the Code for Leasing Business Premises (2007). 73 61 This wording is intended to ensure that the Tenant has given physical possession (ie removed itself and all of its fittings, furniture and equipment from the Premises) and that there are no subsisting occupation rights. However, the wording, in Scotland, may also be considered to include legal (vacant) possession where if the Tenant has not completely removed everything from the Premises by the Break Date (eg left behind some internal partitioning or furniture), it may lose its right to terminate the lease on the Break Date (Riverside Park Ltd v NHS Property Services Limited [2016] EWHC 1313 (Ch)). The Code for Leasing Business Premises in England & Wales published in March 2007 recommends that "The only pre-conditions pre‑conditions to tenants exercising any break clauses should be that they are up to date with the main rent, give up occupation and leave behind no continuing subleases. Disputes about the state of the premises, or what has been left behind or removed, should be settled later (like with normal lease expiry)". The Tenant may, therefore, want to consider deleting this wording so that there can be no doubt that the right to break is preserved, leaving the Landlord with the usual remedies against the Tenant in the event that the Tenant has not given full legal and physical possession to the Landlord on the Break Date. 74 62 The obligation to repay any rent relating to the period after the Break Date is in Clause 5.4. 75 63 Appropriate rights will be property specific in each case. 76 Consider the Landlord's policy on staff parking within the Centre. 77 The safeguards that tenants ordinarily look for where a landlord has a right of entry are contained in Clause 5.5. There is no need to repeat them in this Part of the Schedule.

Xxx 0000. 68 72 If any of the original parties to this Lease are non-UK parties, include an address for service in the United Kingdom for that party here. 69 73 The Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016 apply to buildings or building units over 1000m² which do not meet 2002 or later building standards. Ultimate responsibility for compliance with the regulations rests with the building owner, although carrying out the measures or improvement works identified in an action plan can be delegated to a third party e.g. a tenant. The drafting throughout this Lease envisages the Landlord carrying out any necessary works but recovering associated costs via the Service Charge from the Tenant. 70 74 See FN69 FN73 above. As a consequence of the Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016, the importance and necessity to include Part 7 of the Schedule ("Sustainability") has increased. 71 75 This wording is not required if the Tenant can end this Lease only on a single specified date. 72 76 The conditions in this break clause are consistent with the Code for Leasing Business Premises (2007). 73 77 This wording is intended to ensure that the Tenant has given physical possession (ie removed itself and all of its fittings, furniture and equipment from the Premises) and that there are no subsisting occupation rights. However, the wording, in Scotland, may also be considered to include legal (vacant) possession where if the Tenant has not completely removed everything from the Premises by the Break Date (eg left behind some internal partitioning or furniture), it may lose its right to terminate the lease on the Break Date (Riverside Park Ltd v NHS Property Services Limited [2016] EWHC 1313 (Ch)). The Code for Leasing Business Premises in England & Wales published in March 2007 recommends that "The only pre-conditions to tenants exercising any break clauses should be that they are up to date with the main rent, give up occupation and leave behind no continuing subleases. Disputes about the state of the premises, or what has been left behind or removed, should be settled later (like with normal lease expiry)". The Tenant may, therefore, want to consider deleting this wording so that there can be no doubt that the right to break is preserved, leaving the Landlord with the usual remedies against the Tenant in the event that the Tenant has not given full legal and physical possession to the Landlord on the Break Date. 74 The obligation to repay any rent relating to the period after the Break Date is in Clause 5.4. 75 Appropriate rights will be property specific in each case. 76 Consider the Landlord's policy on staff parking within the Centre. 77 The safeguards that tenants ordinarily look for where a landlord has a right of entry are contained in Clause 5.5. There is no need to repeat them in this Part of the Schedule.

Xxx 0000. 68 64 If any of the original parties to this Lease are non-UK parties, include an address for service in the United Kingdom for that party here. 69 65 The Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016 apply to buildings or building units over 1000m² which do not meet 2002 or later building standards. Ultimate responsibility for compliance with the regulations rests with the building owner, although carrying out the measures or improvement works identified in an action plan can be delegated to a third party e.g. a tenant. The drafting throughout this Lease envisages the Landlord carrying out any necessary works but recovering associated costs via the Service Charge service charge from the Tenant. 70 66 See FN69 FN65 above. As a consequence of the Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016, the importance and necessity to include Part 7 8 of the Schedule ("Sustainability") has increased. 71 67 This wording is not required if the Tenant can end this Lease only on a single specified date. 72 68 The conditions in this break clause are consistent with the Code for Leasing Business Premises (2007). 73 69 This wording is intended to ensure that the Tenant has given physical possession (ie removed itself and all of its fittings, furniture and equipment from the Premises) and that there are no subsisting occupation rights. However, the wording, in Scotland, may also be considered to include legal (vacant) possession where if the Tenant has not completely removed everything from the Premises by the Break Date (eg left behind some internal partitioning or furniture), it may lose its right to terminate the lease on the Break Date (Riverside Park Ltd v NHS Property Services Limited [2016] EWHC 1313 (Ch)). The Code for Leasing Business Premises in England & Wales published in March 2007 recommends that that: "The only pre-conditions to tenants exercising any break clauses should be that they are up to date with the main rent, give up occupation and leave behind no continuing subleases. Disputes about the state of the premises, or what has been left behind or removed, should be settled later (like with normal lease expiry)". ." The Tenant may, therefore, want to consider deleting this wording so that there can be no doubt that the right to break is preserved, leaving the Landlord with the usual remedies against the Tenant in the event that the Tenant has not given full legal and physical possession to the Landlord on the Break Date. 74 70 The obligation to repay any rent relating to the period after the Break Date is in Clause 5.4. 75 71 Appropriate rights will be property specific in each case. 76 Consider 72 Include this right only where the Landlord's policy on staff parking within Tenant will have a specific requirement to install new Conducting Media to serve the Centre. 77 The safeguards that tenants ordinarily look for where a landlord has a right of entry are contained in Clause 5.5. There is no need to repeat them in this Part of the SchedulePremises.

Xxx 0000. 68 40 If any of the original parties to this Lease are non-UK parties, include an address for service in the United Kingdom for that party here. 69 41 The Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016 apply to buildings or building units over 1000m² which do not meet 2002 or later building standards. Ultimate responsibility for compliance with the regulations rests with the building owner, although carrying out the measures or improvement works identified in an action plan can be delegated to a third party e.g. a tenant. The drafting throughout this Lease envisages the Landlord carrying out any necessary works but recovering associated costs via the Service Charge from the Tenant. 70 See FN69 above. 42 As a consequence of the Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016, the importance and necessity to include Part 7 of the Schedule ("Sustainability") has increased. 71 43 This wording is not required if the Tenant can end this Lease only on a single specified date. 72 44 The conditions in this break clause are consistent with the Code for Leasing Business Premises (2007). 73 45 This wording is intended to ensure that the Tenant has given physical possession (ie removed itself and all of its fittings, furniture and equipment from the Premises) and that there are no subsisting occupation rights. However, the wording, in Scotland, may also be considered to include legal (vacant) possession where if the Tenant has not completely removed everything from the Premises by the Break Date (eg left behind some internal partitioning or furniture), it may lose its right to terminate the lease on the Break Date (Riverside Park Ltd v NHS Property Services Limited [2016] EWHC 1313 (Ch)). The Code for Leasing Business Premises in England & Wales published in March 2007 recommends that "that: “The only pre-conditions to tenants exercising any break clauses should be that they are up to date with the main rent, give up occupation and leave behind no continuing subleases. Disputes about the state of the premises, or what has been left behind or removed, should be settled later (like with normal lease expiry)". .” The Tenant may, therefore, want to consider deleting this wording so that there can be no doubt that the right to break is preserved, leaving the Landlord with the usual remedies against the Tenant in the event that the Tenant has not given full legal and physical possession to the Landlord on the Break Date. 74 The obligation to repay any rent relating to the period after the Break Date is in Clause 5.4. 75 Appropriate rights will be property specific in each case. 76 Consider the Landlord's policy on staff parking within the Centre. 77 The safeguards that tenants ordinarily look for where a landlord has a right of entry are contained in Clause 5.5. There is no need to repeat them in this Part of the Schedule.

Xxx 0000. 68 If 69If any of the original parties to this Lease are non-UK parties, include an address for service in the United Kingdom for that party here. 69 The 70The Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016 apply to buildings or building units over 1000m² which do not meet 2002 or later building standards. Ultimate responsibility for compliance with the regulations rests with the building owner, although carrying out the measures or improvement works identified in an action plan can be delegated to a third party e.g. a tenant. The drafting throughout this Lease envisages the Landlord carrying out any necessary works but recovering associated costs via the Service Charge from the Tenant. 70 See FN69 71See FN70 above. As a consequence of the Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016, the importance and necessity to include Part 7 8 of the Schedule ("Sustainability") has increased. 71 This 72This wording is not required if the Tenant can end this Lease only on a single specified date. 72 The 73The conditions in this break clause are consistent with the Code for Leasing Business Premises (2007). 73 This 74This wording is intended to ensure that the Tenant has given physical possession (ie removed itself and all of its fittings, furniture and equipment from the Premises) and that there are no subsisting occupation rights. However, the wording, in Scotland, may also be considered to include legal (vacant) possession where if the Tenant has not completely removed everything from the Premises by the Break Date (eg left behind some internal partitioning or furniture), it may lose its right to terminate the lease on the Break Date (Riverside Park Ltd v NHS Property Services Limited [2016] EWHC 1313 (Ch)). The Code for Leasing Business Premises in England & Wales published in March 2007 recommends that "The only pre-conditions to tenants exercising any break clauses should be that they are up to date with the main rent, give up occupation and leave behind no continuing subleases. Disputes about the state of the premises, or what has been left behind or removed, should be settled later (like with normal lease expiry)". The Tenant may, therefore, want to consider deleting this wording so that there can be no doubt that the right to break is preserved, leaving the Landlord with the usual remedies against the Tenant in the event that the Tenant has not given full legal and physical possession to the Landlord on the Break Date. 74 The 75The obligation to repay any rent relating to the period after the Break Date is in Clause 5.4. 75 Appropriate 76Appropriate rights will be property specific in each case. 76 Consider 77 This definition is required only where the roof space is excluded from the Premises but the Tenant will be granted rights to use that roof space to install Plant or the Tenant will be granted a right to install Plant in a Plant Area outside the Premises. 78Consider the Landlord's policy on staff parking within the CentreEstate. 77 The 79The safeguards that tenants ordinarily look for where a landlord has a right of entry are contained in Clause 5.55.5 (Landlord's obligations). There is no need to repeat them in this Part of the Schedule.. 80This Part of the Schedule contains an open market review. There is no attempt to review to a headline rent. 81There is deliberately no assumption that the Premises are fitted-out. If the Premises are to be valued on the assumption that they are handed over to the Tenant in a specific state (such as shell and core with capped services) then a rent review specification will be needed and an additional assumption added that the Premises are handed over to the willing tenant in the state set out in the specification. 82This assumption is considered to be neutral. There is no attempt to review to a headline rent. 83If this Lease follows on from a pre existing lease with the Tenant or on a lease re-gearing consider carefully the extent of the Premises to be taken into account on a rent review under this Lease and whether works carried out under the Prior Lease should be taken into account or disregarded for the purposes of rent review 84In any case where the Tenant may be able to install a mezzanine floor (or if one is already present) you should include paragraph (g) of this definition. 85All break clauses in this Lease are ignored (other than those that arise following a failure to reinstate insured or uninsured damage in Part 5 of the Schedule). Any corresponding break clauses in the Hypothetical Lease should be included in paragraph (h) of this definition. Where there is a rent free period or concessionary rent that follows the non-exercise of the break clause, consider including a specific exclusion of it. 86Consider the treatment of break clauses in the Hypothetical Lease. 87Current market practice is generally not to use the expression "best rent". 88Consider which option the client prefers for resolving rent review disputes. 89Consider whether the parties wish any of the non-mandatory Scottish Arbitration Rules to be disapplied at this stage. 90Possible need to calibrate with the corresponding chosen Interest Rate to achieve a base rate "outcome". 91Please refer to the PSG Rent Review Memorandum in this context 92A decision has been taken not to include provisions to circumvent any statutory restrictions on implementing rent reviews or to nominate an extra rent review date when any restrictions cease to have effect. 93The administrative provisions have deliberately been kept brief because much is covered by the Landlord's obligations in paragraph 2. of Part 4 of the Schedule to have regard to the Service Charge Code. There is deliberately no provision for a reserve or sinking fund. 94The Landlord may have agreed to cap the amount of service charge payable by the Tenant. 95Any sums payable on demand only begin to bear interest for late payment if not paid within 10 Business Days of the date of demand – see Clause 4.5. 96 Check that the costs listed in paragraph 4. of this Part of the Schedule are identical across each lease in the Estate. If a concession is made to a particular tenant:

Xxx 0000. 68 If 45If any of the original parties to this Lease are non-UK parties, include an address for service in the United Kingdom for that party here. 69 The 46The Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016 apply to buildings or building units over 1000m² which do not meet 2002 or later building standards. Ultimate responsibility for compliance with the regulations rests with the building owner, although carrying out the measures or improvement works identified in an action plan can be delegated to a third party e.g. a tenant. The drafting throughout this Lease envisages the Landlord carrying out any necessary works but recovering associated costs via the Service Charge from the Tenant. 70 See FN69 47See FN46 above. As a consequence of the Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016, the importance and necessity to include Part 7 of the Schedule ("Sustainability") has increased. 71 This 48This wording is not required if the Tenant can end this Lease only on a single specified date. 72 The 49The conditions in this break clause are consistent with the Code for Leasing Business Premises (2007). 73 This 50This wording is intended to ensure that the Tenant has given physical possession (ie removed itself and all of its fittings, furniture and equipment from the Premises) and that there are no subsisting occupation rights. However, the wording, in Scotland, may also be considered to include legal (vacant) possession where if the Tenant has not completely removed everything from the Premises by the Break Date (eg left behind some internal partitioning or furniture), it may lose its right to terminate the lease on the Break Date (Riverside Park Ltd v NHS Property Services Limited [2016] EWHC 1313 (Ch)). The Code for Leasing Business Premises in England & Wales published in March 2007 recommends that "“The only pre-conditions to tenants exercising any break clauses should be that they are up to date with the main rent, give up occupation and leave behind no continuing subleases. Disputes about the state of the premises, or what has been left behind or removed, should be settled later (like with normal lease expiry)"”. The Tenant may, therefore, want to consider deleting this wording so that there can be no doubt that the right to break is preserved, leaving the Landlord with the usual remedies against the Tenant in the event that the Tenant has not given full legal and physical possession to the Landlord on the Break Date. 74 The 51The obligation to repay any rent relating to the period after the Break Date is in Clause 5.45.3. 75 Appropriate 52Appropriate rights will be property property-specific in each case. 76 Consider 53Where the Landlord's policy Premises connect directly to the public mains for all services and the Landlord does not own adjoining premises, it will not be necessary to grant the Tenant any rights on staff parking within the Centregrant of this Lease. 77 The 54The safeguards that tenants ordinarily look for where a landlord has a right of entry are contained in Clause 5.55.4 (Landlord’s obligations). There is no need to repeat them in this Part of the Schedule. 55This Part of the Schedule contains an open market review. There is no attempt to review to a headline rent. 56There is deliberately no assumption that the Premises are fitted-out. If the Premises are to be valued on the assumption that they are handed over to the Tenant in a specific state (such as shell and core with capped services) then a rent review specification will be needed and an additional assumption added that the Premises are handed over to the willing tenant in the state set out in the specification. 57This assumption is considered to be neutral. There is no attempt to review to a headline rent. 58If this Lease follows on from a pre existing lease with the Tenant or on a lease re-gearing consider carefully the extent of the Premises to be taken into account on a rent review under this Lease and whether works carried out under the Prior Lease should be taken into account or disregarded for the purposes of rent review. 59All break clauses in this Lease are ignored (other than those that arise following a failure to reinstate insured or uninsured damage in Part 5 of the Schedule). Any corresponding break clauses in the Hypothetical Lease should be included in paragraph (h) of this definition. Where there is a rent free period or concessionary rent that follows the non-exercise of the break clause, consider including a specific exclusion of it. 60Consider the treatment of break clauses in the Hypothetical Lease. 61Current market practice is generally not to use the expression "best rent". 62Consider which option the client prefers for resolving rent review disputes. 63Consider whether the parties wish any of the non-mandatory Scottish Arbitration Rules to be disapplied at this stage. 64Possible need to calibrate with the corresponding chosen Interest Rate to achieve a base rate "outcome". 65Please refer to the PSG Rent Review Memorandum in this context. 66A decision has been taken not to include provisions to circumvent any statutory restrictions on implementing rent reviews or to nominate an extra rent review date when any restrictions cease to have effect. 67Note that Clause 2.16 already requires the amounts to be reasonable and proper. 68Consider whether and from which date rent suspension should apply following uninsured damage. 69This Part of the Schedule sets out the standard provisions that will apply when the Tenant carries out works. The inclusion of this Part of the Schedule will enable the Landlord to grant consent to Tenant’s works of a routine nature by reference to the obligations in this Part of the Schedule without the need for a detailed licence for alterations. 70If you want the Tenant to complete any works to the Premises within a set period after work has commenced, you will need to provide for this specifically in this paragraph. 71If you want to impose an obligation on the Tenant to begin any works to which Landlord’s consent has been given, you will need to provide for this specifically in this paragraph. 72If the parties want to include more detailed sustainability provisions, refer to the provisions in the Better Buildings Partnership’s Green Lease Toolkit. This Part of the Schedule is not intended to impose onerous obligations in relation to sustainability issues but is intended to facilitate a discussion between the parties about these issues. 73Include this wording where it has been determined that the Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016 apply.

Xxx 0000. 68 47 If any of the original parties to this Lease are non-UK parties, include an address for service in the United Kingdom for that party here. 69 48 The Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016 apply to buildings or building units over 1000m² which do not meet 2002 or later building standards. Ultimate responsibility for compliance with the regulations rests with the building owner, although carrying out the measures or improvement works identified in an action plan can be delegated to a third party e.g. a tenant. The drafting throughout this Lease envisages the Landlord carrying out any necessary works but recovering associated costs via the Service Charge from the Tenant. 70 49 See FN69 FN48 above. As a consequence of the Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016, the importance and necessity to include Part 7 Error: Reference source not found of the Schedule ("Sustainability") has increased. 71 50 This wording is not required if the Tenant can end this Lease only on a single specified date. 72 51 The conditions in this break clause are consistent with the Code for Leasing Business Premises (2007). 73 52 This wording is intended to ensure that the Tenant has given physical possession (ie removed itself and all of its fittings, furniture and equipment from the Premises) and that there are no subsisting occupation rights. However, the wording, in Scotland, may also be considered to include legal (vacant) possession where if the Tenant has not completely removed everything from the Premises by the Break Date (eg left behind some internal partitioning or furniture), it may lose its right to terminate the lease on the Break Date (Riverside Park Ltd v NHS Property Services Limited [2016] EWHC 1313 (Ch)). The Code for Leasing Business Premises in England & Wales published in March 2007 recommends that that: "The only pre-conditions to tenants exercising any break clauses should be that they are up to date with the main rent, give up occupation and leave behind no continuing subleases. Disputes about the state of the premises, or what has been left behind or removed, should be settled later (like with normal lease expiry)". The Tenant may, therefore, want to consider deleting this wording so that there can be no doubt that the right to break is preserved, leaving the Landlord with the usual remedies against the Tenant in the event that the Tenant has not given full legal and physical possession to the Landlord on the Break Date. 74 53 The obligation to repay any rent relating to the period after the Break Date is in Clause 5.4. 75 Appropriate rights will be property specific in each case. 76 Consider the Landlord's policy on staff parking within the Centre. 77 The safeguards that tenants ordinarily look for where a landlord has a right of entry are contained in Clause 5.5. There is no need to repeat them in this Part of the Schedule5.3.

Xxx 0000. 68 If any of the original parties to this Lease are non-UK parties, include an address for service in the United Kingdom for that party here. 69 The Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016 apply to buildings or building units over 1000m² which do not meet 2002 or later building standards. Ultimate responsibility for compliance with the regulations rests with the building owner, although carrying out the measures or improvement works identified in an action plan can be delegated to a third party e.g. a tenant. The drafting throughout this Lease envisages the Landlord carrying out any necessary works but recovering associated costs via the Service Charge from the Tenant. 70 See FN69 FN 69 above. As a consequence of the Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016, the importance and necessity to include Part 7 8 of the Schedule ("Sustainability") has increased. 71 This wording is not required if the Tenant can end this Lease only on a single specified date. 72 The conditions in this break clause are consistent with the Code for Leasing Business Premises (2007). 73 This wording is intended to ensure that the Tenant has given physical possession (ie removed itself and all of its fittings, furniture and equipment from the Premises) and that there are no subsisting occupation rights. However, the wording, in Scotland, may also be considered to include legal (vacant) possession where if the Tenant has not completely removed everything from the Premises by the Break Date (eg left behind some internal partitioning or furniture), it may lose its right to terminate the lease on the Break Date (Riverside Park Ltd v NHS Property Services Limited [2016] EWHC 1313 (Ch)). The Code for Leasing Business Premises in England & Wales published in March 2007 recommends that "The only pre-conditions to tenants exercising any break clauses should be that they are up to date with the main rent, give up occupation and leave behind no continuing subleases. Disputes about the state of the premises, or what has been left behind or removed, should be settled later (like with normal lease expiry)". The Tenant may, therefore, want to consider deleting this wording so that there can be no doubt that the right to break is preserved, leaving the Landlord with the usual remedies against the Tenant in the event that the Tenant has not given full legal and physical possession to the Landlord on the Break Date. 74 The obligation to repay any rent relating to the period after the Break Date is in Clause 5.4. 75 Appropriate rights will be property specific in each case. 76 Include this right only where the Tenant will have a specific requirement to install new Conducting Media to serve the Premises. 77 Consider the Landlord's policy on staff parking within the Centre. 77 78 The safeguards that tenants ordinarily look for where a landlord has a right of entry are contained in Clause 5.55.5 (Landlord's obligations). There is no need to repeat them in this Part of the Schedule.

Xxx 0000. 68 66 If any of the original parties to this Lease are non-UK parties, include an address for service in the United Kingdom for that party here. 69 67 The Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016 apply to buildings or building units over 1000m² which do not meet 2002 or later building standards. Ultimate responsibility for compliance with the regulations rests with the building owner, although carrying out the measures or improvement works identified in an action plan can be delegated to a third party e.g. a tenant. The drafting throughout this Lease envisages the Landlord carrying out any necessary works but recovering associated costs via the Service Charge from the Tenant. 70 68 See FN69 FN67 above. As a consequence of the Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016, the importance and necessity to include Part 7 of the Schedule ("Sustainability") has increased. 71 69 This wording is not required if the Tenant can end this Lease only on a single specified date. 72 70 The conditions in this break clause are consistent with the Code for Leasing Business Premises (2007). 73 71 This wording is intended to ensure that the Tenant has given physical possession (ie removed itself and all of its fittings, furniture and equipment from the Premises) and that there are no subsisting occupation rights. However, the wording, in Scotland, may also be considered to include legal (vacant) possession where if the Tenant has not completely removed everything from the Premises by the Break Date (eg left behind some internal partitioning or furniture), it may lose its right to terminate the lease on the Break Date (Riverside Park Ltd v NHS Property Services Limited [2016] EWHC 1313 (Ch)). The Code for Leasing Business Premises in England & Wales published in March 2007 recommends that "The only pre-conditions to tenants exercising any break clauses should be that they are up to date with the main rent, give up occupation and leave behind no continuing subleases. Disputes about the state of the premises, or what has been left behind or removed, should be settled later (like with normal lease expiry)". The Tenant may, therefore, want to consider deleting this wording so that there can be no doubt that the right to break is preserved, leaving the Landlord with the usual remedies against the Tenant in the event that the Tenant has not given full legal and physical possession to the Landlord on the Break Date. 74 72 The obligation to repay any rent relating to the period after the Break Date is in Clause 5.4. 75 73 Appropriate rights will be property specific in each case. 76 74 Consider the Landlord's policy on staff parking within the Centre. 77 75 The safeguards that tenants ordinarily look for where a landlord has a right of entry are contained in Clause 5.5. There is no need to repeat them in this Part of the Schedule. 76 Clause 5.12 is the clause that requires the Landlord to maintain sightlines for the Premises and not to place items within an agreed exclusion zone. 77 This Part of the Schedule contains an open market review. There is no attempt to review to a headline rent. 78 There is deliberately no assumption that the Premises are fitted-out. If the Premises are to be valued on the assumption that they are handed over to the Tenant in a specific state (such as shell and core with capped services) then a rent review specification will be needed and an additional assumption added that the Premises are handed over to the willing tenant in the state set out in the specification. 79 This assumption is considered to be neutral. There is no attempt to review to a headline rent. 80 If this Lease follows on from a pre-existing lease with the Tenant or on a lease re-gearing consider carefully the extent of the Premises to be taken into account on a rent review under this Lease and whether works carried out under the Prior Lease should be taken into account or disregarded for the purposes of rent review. 81 In any case where the Tenant may be able to install a mezzanine floor (or if one is already present) you should include paragraph (g) of this definition.

Xxx 0000. 68 53 If any of the original parties to this Lease are non-UK parties, include an address for service in the United Kingdom for that party here. 69 54 The Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016 apply to buildings or building units over 1000m² which do not meet 2002 or later building standards. Ultimate responsibility for compliance with the regulations rests with the building owner, although carrying out the measures or improvement works identified in an action plan can be delegated to a third party e.g. a tenant. The drafting throughout this Lease envisages the Landlord carrying out any necessary works but recovering associated costs via the Service Charge service charge from the Tenant. 70 See FN69 above. 55 As a consequence of the Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016, the importance and necessity to include Part 7 PART 8 of the Schedule ("Sustainability") has increased. 71 56 This wording is not required if the Tenant can end this Lease only on a single specified date. 72 57 The conditions in this break clause are consistent with the Code for Leasing Business Premises (2007). 73 58 This wording is intended to ensure that the Tenant has given physical possession (ie removed itself and all of its fittings, furniture and equipment from the Premises) and that there are no subsisting occupation rights. However, the wording, in Scotland, may also be considered to include legal (vacant) possession where if the Tenant has not completely removed everything from the Premises by the Break Date (eg left behind some internal partitioning or furniture), it may lose its right to terminate the lease on the Break Date (Riverside Park Ltd v NHS Property Services Limited [2016] EWHC 1313 (Ch)). The Code for Leasing Business Premises in England & Wales published in March 2007 recommends that "that: “The only pre-conditions to tenants exercising any break clauses should be that they are up to date with the main rent, give up occupation and leave behind no continuing subleases. Disputes about the state of the premises, or what has been left behind or removed, should be settled later (like with normal lease expiry)". .” The Tenant may, therefore, want to consider deleting this wording so that there can be no doubt that the right to break is preserved, leaving the Landlord with the usual remedies against the Tenant in the event that the Tenant has not given full legal and physical possession to the Landlord on the Break Date. 74 59 The obligation to repay any rent relating to the period after the Break Date is in Clause 5.4. 75 Appropriate 60Appropriate rights will be property specific in each case. 76 Consider 61Include this right only where the Landlord's policy on staff parking within Tenant will have a specific requirement to install new Conducting Media to serve the Centre. 77 The safeguards that tenants ordinarily look for where a landlord has a right of entry are contained in Clause 5.5. There is no need to repeat them in this Part of the SchedulePremises.

Xxx 0000. 68 72 If any of the original parties to this Lease are non-UK parties, include an address for service in the United Kingdom for that party here. 69 73 The Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016 apply to buildings or building units over 1000m² which do not meet 2002 or later building standards. Ultimate responsibility for compliance with the regulations rests with the building owner, although carrying out the measures or improvement works identified in an action plan can be delegated to a third party e.g. a tenant. The drafting throughout this Lease envisages the Landlord carrying out any necessary works but recovering associated costs via the Service Charge from the Tenant. 70 74 See FN69 FN73 above. As a consequence of the Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016, the importance and necessity to include Part 7 8 of the Schedule ("Sustainability") has increased. 71 75 This wording is not required if the Tenant can end this Lease only on a single specified date. 72 76 The conditions in this break clause are consistent with the Code for Leasing Business Premises (2007). 73 77 This wording is intended to ensure that the Tenant has given physical possession (ie removed itself and all of its fittings, furniture and equipment from the Premises) and that there are no subsisting occupation rights. However, the wording, in Scotland, may also be considered to include legal (vacant) possession where if the Tenant has not completely removed everything from the Premises by the Break Date (eg left behind some internal partitioning or furniture), it may lose its right to terminate the lease on the Break Date (Riverside Park Ltd v NHS Property Services Limited [2016] EWHC 1313 (Ch)). The Code for Leasing Business Premises in England & Wales published in March 2007 recommends that "The only pre-conditions to tenants exercising any break clauses should be that they are up to date with the main rent, give up occupation and leave behind no continuing subleases. Disputes about the state of the premises, or what has been left behind or removed, should be settled later (like with normal lease expiry)". The Tenant may, therefore, want to consider deleting this wording so that there can be no doubt that the right to break is preserved, leaving the Landlord with the usual remedies against the Tenant in the event that the Tenant has not given full legal and physical possession to the Landlord on the Break Date. 74 The obligation to repay any rent relating to the period after the Break Date is in Clause 5.4. 75 Appropriate rights will be property specific in each case. 76 Consider the Landlord's policy on staff parking within the Centre. 77 The safeguards that tenants ordinarily look for where a landlord has a right of entry are contained in Clause 5.5. There is no need to repeat them in this Part of the Schedule.

Xxx 0000. 68 67 If any of the original parties to this Lease are non-UK parties, include an address for service in the United Kingdom for that party here. 69 68 The Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016 apply to buildings or building units over 1000m² which do not meet 2002 or later building standards. Ultimate responsibility for compliance with the regulations rests with the building owner, although carrying out the measures or improvement works identified in an action plan can be delegated to a third party e.g. a tenant. The drafting throughout this Lease envisages the Landlord carrying out any necessary works but recovering associated costs via the Service Charge from the Tenant. 70 69 See FN69 FN68 above. As a consequence of the Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016, the importance and necessity to include Part 7 8 of the Schedule ("Sustainability") has increased. 71 70 This wording is not required if the Tenant can end this Lease only on a single specified date. 72 71 The conditions in this break clause are consistent with the Code for Leasing Business Premises (2007). 73 72 This wording is intended to ensure that the Tenant has given physical possession (ie removed itself and all of its fittings, furniture and equipment from the Premises) and that there are no subsisting occupation rights. However, the wording, in Scotland, may also be considered to include legal (vacant) possession where if the Tenant has not completely removed everything from the Premises by the Break Date (eg left behind some internal partitioning or furniture), it may lose its right to terminate the lease on the Break Date (Riverside Park Ltd v NHS Property Services Limited [2016] EWHC 1313 (Ch)). The Code for Leasing Business Premises in England & Wales published in March 2007 recommends that "The only pre-conditions to tenants exercising any break clauses should be that they are up to date with the main rent, give up occupation and leave behind no continuing subleases. Disputes about the state of the premises, or what has been left behind or removed, should be settled later (like with normal lease expiry)". The Tenant may, therefore, want to consider deleting this wording so that there can be no doubt that the right to break is preserved, leaving the Landlord with the usual remedies against the Tenant in the event that the Tenant has not given full legal and physical possession to the Landlord on the Break Date. 74 73 The obligation to repay any rent relating to the period after the Break Date is in Clause 5.4. 75 74 Appropriate rights will be property specific in each case. 76 Consider 75 Include this right only where the Landlord's policy on staff parking within Tenant will have a specific requirement to install new Conducting Media to serve the Centre. 77 The safeguards that tenants ordinarily look for where a landlord has a right of entry are contained in Clause 5.5. There is no need to repeat them in this Part of the SchedulePremises.

Xxx 0000. 68 If 68If any of the original parties to this Lease are non-UK parties, include an address for service in the United Kingdom for that party here. 69 The Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016 apply to buildings or building units over 1000m² which do not meet 2002 or later building standards. Ultimate responsibility for compliance with the regulations rests with the building owner, although carrying out the measures or improvement works identified in an action plan can be delegated to a third party e.g. a tenant. The drafting throughout this Lease envisages the Landlord carrying out any necessary works but recovering associated costs via the Service Charge from the Tenant. 70 See FN69 above. As a consequence of the Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016, the importance and necessity to include Part 7 8 of the Schedule ("Sustainability") has increased. 71 This wording is not required if the Tenant can end this Lease only on a single specified date. 72 The conditions in this break clause are consistent with the Code for Leasing Business Premises (2007). 73 This wording is intended to ensure that the Tenant has given physical possession (ie removed itself and all of its fittings, furniture and equipment from the Premises) and that there are no subsisting occupation rights. However, the wording, in Scotland, may also be considered to include legal (vacant) possession where if the Tenant has not completely removed everything from the Premises by the Break Date (eg left behind some internal partitioning or furniture), it may lose its right to terminate the lease on the Break Date (Riverside Park Ltd v NHS Property Services Limited [2016] EWHC 1313 (Ch)). The Code for Leasing Business Premises in England & Wales published in March 2007 recommends that "The only pre-conditions to tenants exercising any break clauses should be that they are up to date with the main rent, give up occupation and leave behind no continuing subleases. Disputes about the state of the premises, or what has been left behind or removed, should be settled later (like with normal lease expiry)". The Tenant may, therefore, want to consider deleting this wording so that there can be no doubt that the right to break is preserved, leaving the Landlord with the usual remedies against the Tenant in the event that the Tenant has not given full legal and physical possession to the Landlord on the Break Date. 74 The obligation to repay any rent relating to the period after the Break Date is in Clause 5.4. 75 Appropriate rights will be property specific in each case. 76 This definition is required only where the roof space is excluded from the Premises but the Tenant will be granted rights to use that roof space to install Plant or the Tenant will be granted a right to install Plant in a Plant Area outside the Premises. 77 Consider the Landlord's policy on staff parking within the CentreEstate. 77 78 The safeguards that tenants ordinarily look for where a landlord has a right of entry are contained in Clause 5.55.5 (Landlord's obligations). There is no need to repeat them in this Part of the Schedule.. 79 This Part of the Schedule contains an open market review. There is no attempt to review to a headline rent. 80 There is deliberately no assumption that the Premises are fitted-out. If the Premises are to be valued on the assumption that they are handed over to the Tenant in a specific state (such as shell and core with capped services) then a rent review specification will be needed and an additional assumption added that the Premises are handed over to the willing tenant in the state set out in the specification. 81 This assumption is considered to be neutral. There is no attempt to review to a headline rent. 82 If this Lease follows on from a pre existing lease with the Tenant or on a lease re-gearing consider carefully the extent of the Premises to be taken into account on a rent review under this Lease and whether works carried out under the Prior Lease should be taken into account or disregarded for the purposes of rent review. 83 In any case where the Tenant may be able to install a mezzanine floor (or if one is already present) you should include paragraph (g) of this definition. 84 All break clauses in this Lease are ignored (other than those that arise following a failure to reinstate insured or uninsured damage in Part 5 of the Schedule). Any corresponding break clauses in the Hypothetical Lease should be included in paragraph (h) of this definition. Where there is a rent free period or concessionary rent that follows the non-exercise of the break clause, consider including a specific exclusion of it. 86 Current market practice is generally not to use the expression "best rent". 87 Consider which option the client prefers for resolving rent review disputes. 88 Consider whether the parties wish any of the non-mandatory Scottish Arbitration Rules to be disapplied at this stage. 89 Possible need to calibrate with the corresponding chosen Interest Rate to achieve a base rate "outcome". 90 Please refer to the PSG Rent Review Memorandum in this context. 91 A decision has been taken not to include provisions to circumvent any statutory restrictions on implementing rent reviews or to nominate an extra rent review date when any restrictions cease to have effect. 92 The administrative provisions have deliberately been kept brief because much is covered by the Landlord's obligations in paragraph Schedule Part 42 of Part 4 of the Schedule to have regard to the Service Charge Code. There is deliberately no provision for a reserve or sinking fund. 93 The Landlord may have agreed to cap the amount of service charge payable by the Tenant. 94 Any sums payable on demand only begin to bear interest for late payment if not paid within 10 Business Days of the date of demand – see Clause 4.5. 95 Check that the costs listed in paragraph 4 of this Part of the Schedule are identical across each lease in the Estate. If a concession is made to a particular tenant:

Xxx 0000. 68 59 If any of the original parties to this Lease are non-UK parties, include an address for service in the United Kingdom for that party here. 69 60 The Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016 apply to buildings or building units over 1000m² which do not meet 2002 or later building standards. Ultimate responsibility for compliance with the regulations rests with the building owner, although carrying out the measures or improvement works identified in an action plan can be delegated to a third party e.g. a tenant. The drafting throughout this Lease envisages the Landlord carrying out any necessary works but recovering associated costs via the Service Charge from the Tenant. 70 61 See FN69 FN60 above. As a consequence of the Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016, the importance and necessity to include Part 7 8 of the Schedule ("Sustainability") has increased. 71 62 This wording is not required if the Tenant can end this Lease only on a single specified date. 72 63 The conditions in this break clause are consistent with the Code for Leasing Business Premises (2007). 73 64 This wording is intended to ensure that the Tenant has given physical possession (ie removed itself and all of its fittings, furniture and equipment from the Premises) and that there are no subsisting occupation rights. However, the wording, in Scotland, may also be considered to include legal (vacant) possession where if the Tenant has not completely removed everything from the Premises by the Break Date (eg left behind some internal partitioning or furniture), it may lose its right to terminate the lease on the Break Date (Riverside Park Ltd v NHS Property Services Limited [2016] EWHC 1313 (Ch)). The Code for Leasing Business Premises in England & Wales published in March 2007 recommends that "The only pre-conditions to tenants exercising any break clauses should be that they are up to date with the main rent, give up occupation and leave behind no continuing subleases. Disputes about the state of the premises, or what has been left behind or removed, should be settled later (like with normal lease expiry)". The Tenant may, therefore, want to consider deleting this wording so that there can be no doubt that the right to break is preserved, leaving the Landlord with the usual remedies against the Tenant in the event that the Tenant has not given full legal and physical possession to the Landlord on the Break Date. 74 65 The obligation to repay any rent relating to the period after the Break Date is in Clause 5.4. 75 66 Appropriate rights will be property specific in each case. 76 Consider 67 Include this right only where the Landlord's policy on staff parking within Tenant will have a specific requirement to install new Conducting Media to serve the Centre. 77 The safeguards that tenants ordinarily look for where a landlord has a right of entry are contained in Clause 5.5. There is no need to repeat them in this Part of the SchedulePremises.

Xxx 0000. 68 69 If any of the original parties to this Lease are non-UK parties, include an address for service in the United Kingdom for that party here. 69 70 The Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016 apply to buildings or building units over 1000m² which do not meet 2002 or later building standards. Ultimate responsibility for compliance with the regulations rests with the building owner, although carrying out the measures or improvement works identified in an action plan can be delegated to a third party e.g. a tenant. The drafting throughout this Lease envisages the Landlord carrying out any necessary works but recovering associated costs via the Service Charge from the Tenant. 70 71 See FN69 FN70 above. As a consequence of the Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016, the importance and necessity to include Part 7 of the Schedule ("Sustainability") has increased. 71 72 This wording is not required if the Tenant can end this Lease only on a single specified date. 72 73 The conditions in this break clause are consistent with the Code for Leasing Business Premises (2007). 73 This 74This wording is intended to ensure that the Tenant has given physical possession (ie removed itself and all of its fittings, furniture and equipment from the Premises) and that there are no subsisting occupation rights. However, the wording, in Scotland, may also be considered to include legal (vacant) possession where if the Tenant has not completely removed everything from the Premises by the Break Date (eg left behind some internal partitioning or furniture), it may lose its right to terminate the lease on the Break Date (Riverside Park Ltd v NHS Property Services Limited [2016] EWHC 1313 (Ch)). The Code for Leasing Business Premises in England & Wales published in March 2007 recommends that "The only pre-conditions to tenants exercising any break clauses should be that they are up to date with the main rent, give up occupation and leave behind no continuing subleases. Disputes about the state of the premises, or what has been left behind or removed, should be settled later (like with normal lease expiry)". The Tenant may, therefore, want to consider deleting this wording so that there can be no doubt that the right to break is preserved, leaving the Landlord with the usual remedies against the Tenant in the event that the Tenant has not given full legal and physical possession to the Landlord on the Break Date. 74 75 The obligation to repay any rent relating to the period after the Break Date is in Clause 5.4. 75 76 Appropriate rights will be property specific in each case. 76 Consider 77 Where the Landlord's policy on staff parking Tenant occupies a ground floor retail unit in a Building, consider the extent to which the Tenant requires the right to use Building Common Parts within the CentreBuilding. 77 The safeguards 78 This definition is required only where the roof space is excluded from the Premises but the Tenant will be granted rights to use that tenants ordinarily look for where a landlord has roof space to install Plant or the Tenant will be granted a right of entry are contained to install Plant in Clause 5.5. There is no need to repeat them in this Part of a Plant Area outside the SchedulePremises.

Xxx 0000. 68 70 If any of the original parties to this Lease are non-UK parties, include an address for service in the United Kingdom for that party here. 69 71 The Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016 apply to buildings or building units over 1000m² which do not meet 2002 or later building standards. Ultimate responsibility for compliance with the regulations rests with the building owner, although carrying out the measures or improvement works identified in an action plan can be delegated to a third party e.g. a tenant. The drafting throughout this Lease envisages the Landlord carrying out any necessary works but recovering associated costs via the Service Charge from the Tenant. 70 72 See FN69 FN71 above. As a consequence of the Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016, the importance and necessity to include Part 7 8 of the Schedule ("Sustainability") has increased. 71 73 This wording is not required if the Tenant can end this Lease only on a single specified date. 72 74 The conditions in this break clause are consistent with the Code for Leasing Business Premises (2007). 73 75 This wording is intended to ensure that the Tenant has given physical possession (ie removed itself and all of its fittings, furniture and equipment from the Premises) and that there are no subsisting occupation rights. However, the wording, in Scotland, may also be considered to include legal (vacant) possession where if the Tenant has not completely removed everything from the Premises by the Break Date (eg left behind some internal partitioning or furniture), it may lose its right to terminate the lease on the Break Date (Riverside Park Ltd v NHS Property Services Limited [2016] EWHC 1313 (Ch)). The Code for Leasing Business Premises in England & Wales published in March 2007 recommends that "The only pre-conditions to tenants exercising any break clauses should be that they are up to date with the main rent, give up occupation and leave behind no continuing subleases. Disputes about the state of the premises, or what has been left behind or removed, should be settled later (like with normal lease expiry)". The Tenant may, therefore, want to consider deleting this wording so that there can be no doubt that the right to break is preserved, leaving the Landlord with the usual remedies against the Tenant in the event that the Tenant has not given full legal and physical possession to the Landlord on the Break Date. 74 76 The obligation to repay any rent relating to the period after the Break Date is in Clause 5.4. 75 77 Appropriate rights will be property specific in each case. 76 Consider the Landlord's policy on staff parking within the Centre. 77 The safeguards that tenants ordinarily look for where a landlord has a right of entry are contained in Clause 5.5. There is no need to repeat them in this Part of the Schedule.