Common use of Adjoining premises Clause in Contracts

Adjoining premises. Subject to clause 6.3, to carry out works of construction, demolition, alteration or redevelopment on the Estate and any adjoining premises (and to permit others to do so) as the Landlord in its absolute discretion considers fit (whether or not these works interfere with the flow of light and air to the Premises) and the right in connection with those works to underpin and shore up the Premises. The right, where necessary, to bring plant and equipment onto the Premises and to place scaffolding and ladders upon the exterior of or outside any buildings on the Premises in exercising the Landlord’s rights under this Lease. Rent review90 This Schedule 2 uses the following definitions: “Assumptions” that: if the Estate or any part of it has been damaged or destroyed, it has been reinstated before the Rent Review Date; the Premises are fit for immediate occupation and use by the willing tenant;91 the Premises may lawfully be let to and used for the Permitted Use by any person throughout the term of the Hypothetical Lease; the Tenant has complied with the Tenant’s obligations in this Lease and (except to the extent that there has been a material or persistent breach by the Landlord) the Landlord has complied with the Landlord’s obligations in this Lease; and on the grant of the Hypothetical Lease the willing tenant will receive the benefit of a rent free period, rent concession or any other inducement of a length or amount that might be negotiated in the open market for fitting-out purposes and that the Market Rent is the rent that would become payable after the end of that period or concession or payment of that inducement.92 “Disregards” the following: any effect on rent of the Tenant (and the Tenant’s predecessors in title and lawful occupiers) having been in occupation of the Premises; any goodwill accruing to the Premises because of the Tenant’s business (and that of the Tenant’s predecessors in title and lawful occupiers); any special bid that the Tenant or any other party with a special interest in the Premises might make by reason of its occupation of any other part of the Estate or any adjoining premises; any increase in rent attributable to any improvement, including any tenant’s initial fitting-out works [and any Prior Lease Alterations93], whether or not within the Premises: carried out by and at the cost of the Tenant or the Tenant’s predecessors in title or lawful occupiers before or during the Term; carried out with the written consent, where required, of the Landlord or the Landlord’s predecessors in title; and not carried out pursuant to an obligation to the Landlord or the Landlord’s predecessors in title (but any obligations relating to the method or timing of works in this Lease or any other document giving consent will not be treated as an obligation for these purposes); any reduction in rent attributable to works that have been carried out by the Tenant (or the Tenant’s predecessors in title or lawful occupiers); [and] any reduction in rent attributable to any temporary works, operations or other activities on any adjoining premises[.][; and] [any effect on rent of the floor area of any mezzanine floor installed within the Premises by the Tenant (or the Tenant’s predecessors in title or lawful occupiers) but not the fact that a mezzanine floor can lawfully be installed within the Premises without the need for any further planning or other consents.94]

Adjoining premises. Subject to clause 6.3, to carry out works of construction, demolition, alteration or redevelopment on the Building, the Estate and any adjoining premises (and to permit others to do so) as the Landlord in its absolute discretion considers fit (whether or not these works interfere with the flow of light and air to the Premises) and the right in connection with those works to underpin and shore up the Premises. The right, where necessary, to bring plant and equipment onto the Premises and to place scaffolding and ladders upon the exterior of or outside any buildings on the Premises in exercising the Landlord’s rights under this Lease. Rent review90 review92 This Schedule 2 uses the following definitions: “Assumptions” that: if the Building, the Estate or any part of it has them have been damaged or destroyed, it has they have been reinstated before the Rent Review Date; the Premises are fit for immediate occupation and use by the willing tenant;91 tenant;93 the Premises may lawfully be let to and used for the Permitted Use by any person throughout the term of the Hypothetical Lease; the Tenant has complied with the Tenant’s obligations in this Lease and (except to the extent that there has been a material or persistent breach by the Landlord) the Landlord has complied with the Landlord’s obligations in this Lease; and on the grant of the Hypothetical Lease the willing tenant will receive the benefit of a rent free period, rent concession or any other inducement of a length or amount that might be negotiated in the open market for fitting-out purposes and that the Market Rent is the rent that would become payable after the end of that period or concession or payment of that inducement.92 inducement.94 “Disregards” the following: any effect on rent of the Tenant (and the Tenant’s predecessors in title and lawful occupiers) having been in occupation of the Premises; any goodwill accruing to the Premises because of the Tenant’s business (and that of the Tenant’s predecessors in title and lawful occupiers); any special bid that the Tenant or any other party with a special interest in the Premises might make by reason of its occupation of any other part of the Building, the Estate or any adjoining premises; any increase in rent attributable to any improvement, including any tenant’s initial fitting-out works [and any Prior Lease Alterations93Alterations95], whether or not within the Premises: carried out by and at the cost of the Tenant or the Tenant’s predecessors in title or lawful occupiers before or during the Term; carried out with the written consent, where required, of the Landlord or the Landlord’s predecessors in title; and not carried out pursuant to an obligation to the Landlord or the Landlord’s predecessors in title (but any obligations relating to the method or timing of works in this Lease or any other document giving consent will not be treated as an obligation for these purposes); any reduction in rent attributable to works that have been carried out by the Tenant (or the Tenant’s predecessors in title or lawful occupiers); [and] any reduction in rent attributable to any temporary works, operations or other activities on any adjoining premises[.][; and] [any effect on rent of the floor area of any mezzanine floor installed within the Premises by the Tenant (or the Tenant’s predecessors in title or lawful occupiers) but not the fact that a mezzanine floor can lawfully be installed within the Premises without the need for any further planning or other consents.94consents.96]

Adjoining premises. Subject to clause 6.3, to carry out works of construction, demolition, alteration or redevelopment on the Building, the Estate and any adjoining premises (and to permit others to do so) as the Landlord in its absolute discretion considers fit (whether or not these works interfere with the flow of light and air to the Premises) and the right in connection with those works to underpin and shore up the Premises. The right, where necessary, to bring plant and equipment onto the Premises and to place scaffolding and ladders upon the exterior of or outside any buildings on the Premises in exercising the Landlord’s rights under this Lease. Rent review90 review94 This Schedule 2 uses the following definitions: “Assumptions” that: if the Building, the Estate or any part of it has them have been damaged or destroyed, it has they have been reinstated before the Rent Review Date; the Premises are fit for immediate occupation and use by the willing tenant;91 tenant;95 the Premises may lawfully be let to and used for the Permitted Use by any person throughout the term of the Hypothetical Lease; that the willing tenant has the benefit of all Trade Licences that are required for the Permitted Use and that they will remain in force throughout the term of the Hypothetical Lease for the benefit of the willing tenant and its successors in title; the Tenant has complied with the Tenant’s obligations in this Lease and (except to the extent that there has been a material or persistent breach by the Landlord) the Landlord has complied with the Landlord’s obligations in this Lease; and on the grant of the Hypothetical Lease the willing tenant will receive the benefit of a rent free period, rent concession or any other inducement of a length or amount that might be negotiated in the open market for fitting-out purposes and that the Market Rent is the rent that would become payable after the end of that period or concession or payment of that inducement.92 inducement.96 “Disregards” the following: any effect on rent of the Tenant (and the Tenant’s predecessors in title and lawful occupiers) having been in occupation of the Premises; any goodwill accruing to the Premises because of the Tenant’s business (and that of the Tenant’s predecessors in title and lawful occupiers); any special bid that the Tenant or any other party with a special interest in the Premises might make by reason of its occupation of any other part of the Building, the Estate or any adjoining premises; any increase in rent attributable to any improvement, including any tenant’s initial fitting-out works [and any Prior Lease Alterations93Alterations97], whether or not within the Premises: carried out by and at the cost of the Tenant or the Tenant’s predecessors in title or lawful occupiers before or during the Term; carried out with the written consent, where required, of the Landlord or the Landlord’s predecessors in title; and not carried out pursuant to an obligation to the Landlord or the Landlord’s predecessors in title (but any obligations relating to the method or timing of works in this Lease or any other document giving consent will not be treated as an obligation for these purposes); any reduction in rent attributable to works that have been carried out by the Tenant (or the Tenant’s predecessors in title or lawful occupiers); [and] any reduction in rent attributable to any temporary works, operations or other activities on any adjoining premises[.][; and] [any effect on rent of the floor area of any mezzanine floor installed within the Premises by the Tenant (or the Tenant’s predecessors in title or lawful occupiers) but not the fact that a mezzanine floor can lawfully be installed within the Premises without the need for any further planning or other consents.94consents.98]

Adjoining premises. Subject to clause 6.3, to carry out works of construction, demolition, alteration or redevelopment on the Estate and any adjoining premises (and to permit others to do so) as the Landlord in its absolute discretion considers fit (whether or not these works interfere with the flow of light and air to the Premises) and the right in connection with those works to underpin and shore up the Premises. The right, where necessary, to bring plant and equipment onto the Premises and to place scaffolding and ladders upon the exterior of or outside any buildings on the Premises in exercising the Landlord’s rights under this Lease. Rent review90 review64 This Schedule 2 uses the following definitions: “Assumptions” that: if the Estate or any part of it has Premises have been damaged or destroyed, it has they have been reinstated before the Rent Review Date; the Premises are fit for immediate occupation and use by the willing tenant;91 tenant;65 the Premises may lawfully be let to and used for the Permitted Use by any person throughout the term of the Hypothetical Lease; the Tenant has complied with the Tenant’s obligations in this Lease and (except to the extent that there has been a material or persistent breach by the Landlord) the Landlord has complied with the Landlord’s obligations in this Lease; and on the grant of the Hypothetical Lease the willing tenant will receive the benefit of a rent free period, rent concession or any other inducement of a length or amount that might be negotiated in the open market for fitting-out purposes and that the Market Rent is the rent that would become payable after the end of that period or concession or payment of that inducement.92 inducement.66 “Disregards” the following: any effect on rent of the Tenant (and the Tenant’s predecessors in title and lawful occupiers) having been in occupation of the Premises; any goodwill accruing to the Premises because of the Tenant’s business (and that of the Tenant’s predecessors in title and lawful occupiers); any special bid that the Tenant or any other party with a special interest in the Premises might make by reason of its occupation of any other part of the Estate or any adjoining premises; any increase in rent attributable to any improvement, including any tenant’s initial fitting-out works [and any Prior Lease Alterations93Alterations67], whether or not within the Premises: carried out by and at the cost of the Tenant or the Tenant’s predecessors in title or lawful occupiers before or during the Term; carried out with the written consent, where required, of the Landlord or the Landlord’s predecessors in title; and not carried out pursuant to an obligation to the Landlord or the Landlord’s predecessors in title (but any obligations relating to the method or timing of works in this Lease or any other document giving consent will not be treated as an obligation for these purposes); any reduction in rent attributable to works that have been carried out by the Tenant (or the Tenant’s predecessors in title or lawful occupiers); [and] and any reduction in rent attributable to any temporary works, operations or other activities on any adjoining premises[.][; and] [any effect on rent of the floor area of any mezzanine floor installed within the Premises by the Tenant (or the Tenant’s predecessors in title or lawful occupiers) but not the fact that a mezzanine floor can lawfully be installed within the Premises without the need for any further planning or other consents.94]

Adjoining premises. Subject to clause 6.3, to carry out works of construction, demolition, alteration or redevelopment on the Estate and any adjoining premises (and to permit others to do so) as the Landlord in its absolute discretion considers fit (whether or not these works interfere with the flow of light and air to the Premises) and the right in connection with those works to underpin and shore up the Premises. The right, where necessary, to bring plant and equipment onto the Premises and to place scaffolding and ladders upon the exterior of or outside any buildings on the Premises in exercising the Landlord’s rights under this Lease. Rent review90 review101 This Schedule 2 uses the following definitions: “Assumptions” that: if the Estate or any part of it has been damaged or destroyed, it has been reinstated before the Rent Review Date; the Premises are fit for immediate occupation and use by the willing tenant;91 tenant;102 the Premises may lawfully be let to and used for the Permitted Use by any person throughout the term of the Hypothetical Lease; the Tenant has complied with the Tenant’s obligations in this Lease and (except to the extent that there has been a material or persistent breach by the Landlord) the Landlord has complied with the Landlord’s obligations in this Lease; and on the grant of the Hypothetical Lease the willing tenant will receive the benefit of a rent free period, rent concession or any other inducement of a length or amount that might be negotiated in the open market for fitting-out purposes and that the Market Rent is the rent that would become payable after the end of that period or concession or payment of that inducement.92 inducement.103 “Disregards” the following: any effect on rent of the Tenant (and the Tenant’s predecessors in title and lawful occupiers) having been in occupation of the Premises; any goodwill accruing to the Premises because of the Tenant’s business (and that of the Tenant’s predecessors in title and lawful occupiers); any special bid that the Tenant or any other party with a special interest in the Premises might make by reason of its occupation of any other part of the Estate or any adjoining premises; any increase in rent attributable to any improvement, including any tenant’s initial fitting-out works [and any Prior Lease Alterations93Alterations104], whether or not within the Premises: carried out by and at the cost of the Tenant or the Tenant’s predecessors in title or lawful occupiers before or during the Term; carried out with the written consent, where required, of the Landlord or the Landlord’s predecessors in title; and not carried out pursuant to an obligation to the Landlord or the Landlord’s predecessors in title (but any obligations relating to the method or timing of works in this Lease or any other document giving consent will not be treated as an obligation for these purposes); any reduction in rent attributable to works that have been carried out by the Tenant (or the Tenant’s predecessors in title or lawful occupiers); [and] any reduction in rent attributable to any temporary works, operations or other activities on any adjoining premises[.][; and] [any effect on rent of the floor area of any mezzanine floor installed within the Premises by the Tenant (or the Tenant’s predecessors in title or lawful occupiers) but not the fact that a mezzanine floor can lawfully be installed within the Premises without the need for any further planning or other consents.94consents.105] “Hypothetical Lease” a lease: of the whole of the Premises; on the same terms as this Lease (including this Schedule 2) except for: the amount of Main Rent reserved; any rent free period, rent concession or any other inducement received by the Tenant in relation to the grant of this Lease; any break clause in this Lease, other than any right to terminate in Schedule 4;106 [and] [ANY OTHER SPECIFIC EXCLUSIONS] the definitions of “Base Rent” and “Turnover Rent”, the reference to those terms in clause 4.1, the entirety of clause 3.7 and Schedule 9 and the words “Except when clause 3.7 applies” in clause 3.2 and the entirety of paragraph 5 of Schedule 4; [and] [the entirety of clause 4.15.3 and Schedule 10;] by a willing landlord to a willing tenant; with vacant possession; without any premium payable by or (subject to paragraph (e) of the definition of “Assumptions”) to the willing tenant; for a term of [LENGTH] years starting on the Rent Review Date; [and] with rent review dates every [five] years[.][; and] [with a right for the tenant to bring the Hypothetical Lease to an end on [or at any time after] the [NUMBER] anniversary of the date on which the term starts.]107 “Market Rent” the yearly rent at which the Premises might reasonably be expected to be let on the open market on the Rent Review Date, on the terms of the Hypothetical Lease and applying the Assumptions and the Disregards.108 On the Rent Review Date, the Main Rent is to be reviewed to the higher of: the Main Rent reserved immediately before the Rent Review Date; and the Market Rent. The reviewed Main Rent will be payable from and including the Rent Review Date. The Market Rent at the Rent Review Date may be agreed between the Landlord and the Tenant. If they have not done so (whether or not they have tried) by [the date three months before] the Rent Review Date, either the Landlord or the Tenant can require the Market Rent to be decided by an independent [expert/arbitrator].109 If the Landlord and the Tenant do not agree on who should decide the Market Rent, the [expert/arbitrator] will be appointed by the President of the Royal Institution of Chartered Surveyors on the application of either the Landlord or the Tenant. [The arbitration must be conducted in accordance with the Arbitration Act 1996.][The expert will:] [invite the Landlord and the Tenant to submit to them a proposal for the Market Rent with any relevant supporting documentation; give the Landlord and the Tenant an opportunity to make counter submissions; give written reasons for their decisions, which will be binding on the parties; and be paid by the Landlord and the Tenant in the shares and in the manner that the expert decides (or failing a decision, in equal shares).] The [expert/arbitrator] must be an independent chartered surveyor of not less than ten years’ standing who is experienced in the rental valuation of property similar to the Premises and who knows the local market for such premises. If the [expert/arbitrator] dies, becomes unwilling or incapable of acting or it becomes apparent for any other reason that the [expert/arbitrator] will be unable to decide the Market Rent within a reasonable time, the [expert/arbitrator] may be replaced by a new [expert/arbitrator] who must be appointed on the terms set out in this paragraph 3. Responsibility for the costs of referring a dispute to an [expert/arbitrator], including costs connected with the appointment of the [expert/arbitrator], will be decided by the [expert/arbitrator] and failing a decision, they will be shared equally between the parties. If, by the Rent Review Date, the reviewed Main Rent has not been ascertained, then: the Main Rent reserved under this Lease immediately before the Rent Review Date will continue to be payable until the reviewed Main Rent has been ascertained; following the ascertainment of the reviewed Main Rent, the Landlord will demand the difference (if any) between the amount the Tenant has actually paid and the amount that would have been payable had the Main Rent been ascertained before the Rent Review Date; and the Tenant must pay that difference to the Landlord within 10 Business Days after that demand and interest at three per cent below the Interest Rate calculated on a daily basis on each instalment of that difference from the date on which each instalment would have become payable to the date of payment. If not paid those sums will be treated as rent in arrear. When the Market Rent has been ascertained, a memorandum recording the Main Rent reserved on review must be entered into. The Landlord and the Tenant will each bear their own costs in relation to that memorandum. For the purpose of this Schedule 2 time is not of the essence.110 Services and Service Charge111 For any Accounting Period that does not fall wholly within the Term, the Service Charge will be a due proportion calculated on the assumption that the service charge expenditure accrues equally on a day to day basis throughout the period. If the Landlord notifies the Tenant of a change in the date on which the Accounting Period ends, the Accounting Period current at the date of the notice may be shortened or extended to less than or more than 12 months to take into account in the change in the date. After the end of each Accounting Period, the Landlord will supply the Tenant with a statement (the “Service Charge Statement”) for that Accounting Period of: the Service Costs; [and] [the Estate Contribution; and] the Service Charge payable.112 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord’s managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord’s own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and interest costs reasonably incurred by the Landlord on borrowing from a UK clearing bank or, if the Landlord uses its own moneys, an amount equal to the interest costs that would have been incurred if the Landlord had borrowed from a UK clearing bank at reasonable commercial rates. Interest costs will be reasonably incurred under this paragraph if: the Landlord has to meet an immediate liability where the service charge funds held by the Landlord are insufficient for that purpose and the shortfall does not result from: any caps on the amount of service charge recoverable; any non-payment of service charges by other tenants of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Costs incurred in one Accounting Period, if not included in the Service Charge Statement for that Accounting Period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Period. The Tenant will be entitled upon prior appointment to inspect evidence of the Service Costs[ and the Estate Contribution] at the Landlord’s head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. Until the Service Charge for each Accounting Period has been calculated, the Tenant must pay, by equal [monthly][quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 4. When the Service Charge for each Accounting Period has been calculated: the Tenant must pay any amount due from it on demand; and113 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 3. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant’s obligation to pay or the Landlord’s right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. The Landlord must not include any of the costs set out in Part 5 of this Schedule in the Service Costs.114 If any dispute arises in connection with the Service Charge, the Landlord and the Tenant must attempt to resolve it by appropriate alternative means before resorting to court proceedings. Except in relation to obvious errors, the Tenant must not raise any dispute in connection with the Service Charge Statement more than four months after the Service Charge Statement has been delivered to the Tenant.115 Variation in the proportion of the service charge payable116 In calculating the [Tenant’s Proportion][Service Charge] for any of the Services, the Landlord’s surveyor may make any adjustment that is fair and reasonable in all the circumstances, taking into consideration the relative degree of benefit obtained by the Tenant and other tenants at the Estate from those Services, including by dividing the Services into separate categories and applying weighting to those categories to take into account differing uses or operating hours or other relevant factors. If there is any change in the extent of the Estate, the Landlord must, where it is appropriate to do so, vary the [Tenant’s Proportion][Service Charge] as is reasonable to take account of that change but the [Tenant’s Proportion][Service Charge] will not materially increase solely as a result of any change in the extent of the Estate. The [Tenant’s Proportion][Service Charge] must not be increased by reason only that any Lettable Units: are or have been unlet; are let on terms that do not require the tenant or other occupier to pay a service charge; or are let on terms that cap the liability of any tenant or other occupier for service charge.

Adjoining premises. Subject to clause 6.3, to carry out works of construction, demolition, alteration or redevelopment on the Estate and any adjoining premises (and to permit others to do so) as the Landlord in its absolute discretion considers fit (whether or not these works interfere with the flow of light and air to the Premises) and the right in connection with those works to underpin and shore up the Premises. The right, where necessary, to bring plant and equipment onto the Premises and to place scaffolding and ladders upon the exterior of or outside any buildings on the Premises in exercising the Landlord’s rights under this Lease. Rent review90 review69 This Schedule 2 uses the following definitions: “Assumptions” that: if the Estate or any part of it has Premises have been damaged or destroyed, it has they have been reinstated before the Rent Review Date; the Premises are fit for immediate occupation and use by the willing tenant;91 tenant;70 the Premises may lawfully be let to and used for the Permitted Use by any person throughout the term of the Hypothetical Lease; the Tenant has complied with the Tenant’s obligations in this Lease and (except to the extent that there has been a material or persistent breach by the Landlord) the Landlord has complied with the Landlord’s obligations in this Lease; [and] [on the grant of the Hypothetical Lease, the willing tenant will have the benefit of all Environmental Permits that are required for the Permitted Use and that they will remain in force throughout the term of the Hypothetical Lease for the benefit of the willing tenant and its successors in title; and]71 on the grant of the Hypothetical Lease the willing tenant will receive the benefit of a rent free period, rent concession or any other inducement of a length or amount that might be negotiated in the open market for fitting-out purposes and that the Market Rent is the rent that would become payable after the end of that period or concession or payment of that inducement.92 inducement.72 “Disregards” the following: any effect on rent of the Tenant (and the Tenant’s predecessors in title and lawful occupiers) having been in occupation of the Premises; any goodwill accruing to the Premises because of the Tenant’s business (and that of the Tenant’s predecessors in title and lawful occupiers); any special bid that the Tenant or any other party with a special interest in the Premises might make by reason of its occupation of any other part of the Estate or any adjoining premises; any increase in rent attributable to any improvement, including any tenant’s initial fitting-out works [and any Prior Lease Alterations93Alterations73], whether or not within the Premises: carried out by and at the cost of the Tenant or the Tenant’s predecessors in title or lawful occupiers before or during the Term; carried out with the written consent, where required, of the Landlord or the Landlord’s predecessors in title; and not carried out pursuant to an obligation to the Landlord or the Landlord’s predecessors in title (but any obligations relating to the method or timing of works in this Lease or any other document giving consent will not be treated as an obligation for these purposes); any reduction in rent attributable to works that have been carried out by the Tenant (or the Tenant’s predecessors in title or lawful occupiers); [and] any reduction in rent attributable to any temporary works, operations or other activities on any adjoining premises[.][; and] [any effect on rent of the floor area of any mezzanine floor installed within the Premises by the Tenant (or the Tenant’s predecessors in title or lawful occupiers) but not the fact that a mezzanine floor can lawfully be installed within the Premises without the need for any further planning or other consents.94consents.74]

Adjoining premises. Subject to clause 6.3, to carry out works of construction, demolition, alteration or redevelopment on the Estate Centre and any adjoining premises (and to permit others to do so) as the Landlord in its absolute discretion considers fit (whether or not these works interfere with the flow of light and air to the Premises) and the right in connection with those works to underpin and shore up the Premises. The right, where necessary, to bring plant and equipment onto the Premises and to place scaffolding and ladders upon the exterior of or outside any buildings on the Premises in exercising the Landlord’s rights under this Lease. Rent review90 This Schedule 2 uses the following definitions: “Assumptions” that: if the Estate Centre or any part of it has been damaged or destroyed, it has been reinstated before the Rent Review Date; the Premises are fit for immediate occupation and use by the willing tenant;91 the Premises may lawfully be let to and used for the Permitted Use by any person throughout the term of the Hypothetical Lease; that the willing tenant has the benefit of all Trade Licences that are required for the Permitted Use and that they will remain in force throughout the term of the Hypothetical Lease for the benefit of the willing tenant and its successors in title; the Tenant has complied with the Tenant’s obligations in this Lease and (except to the extent that there has been a material or persistent breach by the Landlord) the Landlord has complied with the Landlord’s obligations in this Lease; and on the grant of the Hypothetical Lease the willing tenant will receive the benefit of a rent free period, rent concession or any other inducement of a length or amount that might be negotiated in the open market for fitting-out purposes and that the Market Rent is the rent that would become payable after the end of that period or concession or payment of that inducement.92 “Disregards” the following: any effect on rent of the Tenant (and the Tenant’s predecessors in title and lawful occupiers) having been in occupation of the Premises; any goodwill accruing to the Premises because of the Tenant’s business (and that of the Tenant’s predecessors in title and lawful occupiers); any special bid that the Tenant or any other party with a special interest in the Premises might make by reason of its occupation of any other part of the Estate Centre or any adjoining premises; any increase in rent attributable to any improvement, including any tenant’s initial fitting-out works [and any Prior Lease Alterations93], whether or not within the Premises: carried out by and at the cost of the Tenant or the Tenant’s predecessors in title or lawful occupiers before or during the Term; carried out with the written consent, where required, of the Landlord or the Landlord’s predecessors in title; and not carried out pursuant to an obligation to the Landlord or the Landlord’s predecessors in title (but any obligations relating to the method or timing of works in this Lease or any other document giving consent will not be treated as an obligation for these purposes); any reduction in rent attributable to works that have been carried out by the Tenant (or the Tenant’s predecessors in title or lawful occupiers); [and] any reduction in rent attributable to any temporary works, operations or other activities on any adjoining premises[.][; and] [any effect on rent of the floor area of any mezzanine floor installed within the Premises by the Tenant (or the Tenant’s predecessors in title or lawful occupiers) but not the fact that a mezzanine floor can lawfully be installed within the Premises without the need for any further planning or other consents.94]

Adjoining premises. Subject to clause 6.3, to carry out works of construction, demolition, alteration or redevelopment on the Estate and any adjoining premises (and to permit others to do so) as the Landlord in its absolute discretion considers fit (whether or not these works interfere with the flow of light and air to the Premises) and the right in connection with those works to underpin and shore up the Premises. The right, where necessary, to bring plant and equipment onto the Premises and to place scaffolding and ladders upon the exterior of or outside any buildings on the Premises in exercising the Landlord’s rights under this Lease. Rent review90 review602 This Schedule 2 uses the following definitions: “Assumptions” that: if the Estate or any part of it has Premises have been damaged or destroyed, it has they have been reinstated before the Rent Review Date; the Premises are fit for immediate occupation and use by the willing tenant;91 tenant;61 the Premises may lawfully be let to and used for the Permitted Use by any person throughout the term of the Hypothetical Lease; that the willing tenant has the benefit of all Trade Licences that are required for the Permitted Use and that they will remain in force throughout the term of the Hypothetical Lease for the benefit of the willing tenant and its successors in title; the Tenant has complied with the Tenant’s obligations in this Lease and (except to the extent that there has been a material or persistent breach by the Landlord) the Landlord has complied with the Landlord’s obligations in this Lease; and on the grant of the Hypothetical Lease the willing tenant will receive the benefit of a rent free period, rent concession or any other inducement of a length or amount that might be negotiated in the open market for fitting-out purposes and that the Market Rent is the rent that would become payable after the end of that period or concession or payment of that inducement.92 inducement.62 “Disregards” Any or all of the following: any effect on rent of the Tenant (and the Tenant’s predecessors in title and lawful occupiers) having been in occupation of the Premises; any goodwill accruing to the Premises because of the Tenant’s business (and that of the Tenant’s predecessors in title and lawful occupiers); any special bid that the Tenant or any other party with a special interest in the Premises might make by reason of its occupation of any other part of the Estate or any adjoining premises; any increase in rent attributable to any improvement, including any tenant’s initial fitting-out works [and any Prior Lease Alterations93Alterations63], whether or not within the Premises: carried out by and at the cost of the Tenant or the Tenant’s predecessors in title or lawful occupiers before or during the Term; carried out with the written consent, where required, of the Landlord or the Landlord’s predecessors in title; and not carried out pursuant to an obligation to the Landlord or the Landlord’s predecessors in title (but any obligations relating to the method or timing of works in this Lease or any other document giving consent will not be treated as an obligation for these purposes); any reduction in rent attributable to works that have been carried out by the Tenant (or the Tenant’s predecessors in title or lawful occupiers); [and] any reduction in rent attributable to any temporary works, operations or other activities on any adjoining premises[.][; and] [any effect on rent of the floor area of any mezzanine floor installed within the Premises by the Tenant (or the Tenant’s predecessors in title or lawful occupiers) but not the fact that a mezzanine floor can lawfully be installed within the Premises without the need for any further planning or other consents.94consents.64]

Adjoining premises. Subject to clause 6.3, to carry out works of construction, demolition, alteration or redevelopment on the Estate Centre and any adjoining premises (and to permit others to do so) as the Landlord in its absolute discretion considers fit (whether or not these works interfere with the flow of light and air to the Premises) and the right in connection with those works to underpin and shore up the Premises. The right, where necessary, to bring plant and equipment onto the Premises and to place scaffolding and ladders upon the exterior of or outside any buildings on the Premises in exercising the Landlord’s rights under this Lease. Rent review90 review103 This Schedule 2 uses the following definitions: “Assumptions” that: if the Estate Centre or any part of it has been damaged or destroyed, it has been reinstated before the Rent Review Date; the Premises are fit for immediate occupation and use by the willing tenant;91 tenant;104 the Premises may lawfully be let to and used for the Permitted Use by any person throughout the term of the Hypothetical Lease; the willing tenant has the benefit of all Trade Licences that are required for the Permitted Use and that they will remain in force throughout the term of the Hypothetical Lease for the benefit of the willing tenant and its successors in title; the Tenant has complied with the Tenant’s obligations in this Lease and (except to the extent that there has been a material or persistent breach by the Landlord) the Landlord has complied with the Landlord’s obligations in this Lease; and on the grant of the Hypothetical Lease the willing tenant will receive the benefit of a rent free period, rent concession or any other inducement of a length or amount that might be negotiated in the open market for fitting-out purposes and that the Market Rent is the rent that would become payable after the end of that period or concession or payment of that inducement.92 inducement.105 “Disregards” the following: any effect on rent of the Tenant (and the Tenant’s predecessors in title and lawful occupiers) having been in occupation of the Premises; any goodwill accruing to the Premises because of the Tenant’s business (and that of the Tenant’s predecessors in title and lawful occupiers); any special bid that the Tenant or any other party with a special interest in the Premises might make by reason of its occupation of any other part of the Estate Centre or any adjoining premises; any increase in rent attributable to any improvement, including any tenant’s initial fitting-out works [and any Prior Lease Alterations93Alterations106], whether or not within the Premises: carried out by and at the cost of the Tenant or the Tenant’s predecessors in title or lawful occupiers before or during the Term; carried out with the written consent, where required, of the Landlord or the Landlord’s predecessors in title; and not carried out pursuant to an obligation to the Landlord or the Landlord’s predecessors in title (but any obligations relating to the method or timing of works in this Lease or any other document giving consent will not be treated as an obligation for these purposes); any reduction in rent attributable to works that have been carried out by the Tenant (or the Tenant’s predecessors in title or lawful occupiers); [and] any reduction in rent attributable to any temporary works, operations or other activities on any adjoining premises[.][; and] [any effect on rent of the floor area of any mezzanine floor installed within the Premises by the Tenant (or the Tenant’s predecessors in title or lawful occupiers) but not the fact that a mezzanine floor can lawfully be installed within the Premises without the need for any further planning or other consents.94consents.107]

Adjoining premises. Subject to clause 6.3, to carry out works of construction, demolition, alteration or redevelopment on the Estate and any adjoining premises (and to permit others to do so) as the Landlord in its absolute discretion considers fit (whether or not these works interfere with the flow of light and air to the Premises) and the right in connection with those works to underpin and shore up the Premises. The right, where necessary, to bring plant and equipment onto the Premises and to place scaffolding and ladders upon the exterior of or outside any buildings on the Premises in exercising the Landlord’s rights under this Lease. Rent review90 review84 This Schedule 2 uses the following definitions: “Assumptions” that: if the Estate or any part of it has Premises have been damaged or destroyed, it has they have been reinstated before the Rent Review Date; the Premises are fit for immediate occupation and use by the willing tenant;91 tenant;85 the Premises may lawfully be let to and used for the Permitted Use by any person throughout the term of the Hypothetical Lease; the willing tenant has the benefit of all Trade Licences that are required for the Permitted Use and that they will remain in force throughout the term of the Hypothetical Lease for the benefit of the willing tenant and its successors in title; the Tenant has complied with the Tenant’s obligations in this Lease and (except to the extent that there has been a material or persistent breach by the Landlord) the Landlord has complied with the Landlord’s obligations in this Lease; and on the grant of the Hypothetical Lease the willing tenant will receive the benefit of a rent free period, rent concession or any other inducement of a length or amount that might be negotiated in the open market for fitting-out purposes and that the Market Rent is the rent that would become payable after the end of that period or concession or payment of that inducement.92 inducement.86 “Disregards” the following: any effect on rent of the Tenant (and the Tenant’s predecessors in title and lawful occupiers) having been in occupation of the Premises; any goodwill accruing to the Premises because of the Tenant’s business (and that of the Tenant’s predecessors in title and lawful occupiers); any special bid that the Tenant or any other party with a special interest in the Premises might make by reason of its occupation of any other part of the Estate or any adjoining premises; any increase in rent attributable to any improvement, including any tenant’s initial fitting-out works [and any Prior Lease Alterations93Alterations87], whether or not within the Premises: carried out by and at the cost of the Tenant or the Tenant’s predecessors in title or lawful occupiers before or during the Term; carried out with the written consent, where required, of the Landlord or the Landlord’s predecessors in title; and not carried out pursuant to an obligation to the Landlord or the Landlord’s predecessors in title (but any obligations relating to the method or timing of works in this Lease or any other document giving consent will not be treated as an obligation for these purposes); any reduction in rent attributable to works that have been carried out by the Tenant (or the Tenant’s predecessors in title or lawful occupiers); [and] any reduction in rent attributable to any temporary works, operations or other activities on any adjoining premises[.][; and] [any effect on rent of the floor area of any mezzanine floor installed within the Premises by the Tenant (or the Tenant’s predecessors in title or lawful occupiers) but not the fact that a mezzanine floor can lawfully be installed within the Premises without the need for any further planning or other consents.94consents.88]

Adjoining premises. Subject to clause 6.3, to carry out works of construction, demolition, alteration or redevelopment on the Estate and any adjoining premises (and to permit others to do so) as the Landlord in its absolute discretion considers fit (whether or not these works interfere with the flow of light and air to the Premises) and the right in connection with those works to underpin and shore up the Premises. The right, where necessary, to bring plant and equipment onto the Premises and to place scaffolding and ladders upon the exterior of or outside any buildings on the Premises in exercising the Landlord’s rights under this Lease. Rent review90 review82 This Schedule 2 uses the following definitions: “Assumptions” that: if the Estate or any part of it has Premises have been damaged or destroyed, it has they have been reinstated before the Rent Review Date; the Premises are fit for immediate occupation and use by the willing tenant;91 tenant;83 the Premises may lawfully be let to and used for the Permitted Use by any person throughout the term of the Hypothetical Lease; the Tenant has complied with the Tenant’s obligations in this Lease and (except to the extent that there has been a material or persistent breach by the Landlord) the Landlord has complied with the Landlord’s obligations in this Lease; and on the grant of the Hypothetical Lease the willing tenant will receive the benefit of a rent free period, rent concession or any other inducement of a length or amount that might be negotiated in the open market for fitting-out purposes and that the Market Rent is the rent that would become payable after the end of that period or concession or payment of that inducement.92 inducement.84 “Disregards” the following: any effect on rent of the Tenant (and the Tenant’s predecessors in title and lawful occupiers) having been in occupation of the Premises; any goodwill accruing to the Premises because of the Tenant’s business (and that of the Tenant’s predecessors in title and lawful occupiers); any special bid that the Tenant or any other party with a special interest in the Premises might make by reason of its occupation of any other part of the Estate or any adjoining premises; any increase in rent attributable to any improvement, including any tenant’s initial fitting-out works [and any Prior Lease Alterations93Alterations85], whether or not within the Premises: carried out by and at the cost of the Tenant or the Tenant’s predecessors in title or lawful occupiers before or during the Term; carried out with the written consent, where required, of the Landlord or the Landlord’s predecessors in title; and not carried out pursuant to an obligation to the Landlord or the Landlord’s predecessors in title (but any obligations relating to the method or timing of works in this Lease or any other document giving consent will not be treated as an obligation for these purposes); any reduction in rent attributable to works that have been carried out by the Tenant (or the Tenant’s predecessors in title or lawful occupiers); [and] any reduction in rent attributable to any temporary works, operations or other activities on any adjoining premises[.][; and] [any effect on rent of the floor area of any mezzanine floor installed within the Premises by the Tenant (or the Tenant’s predecessors in title or lawful occupiers) but not the fact that a mezzanine floor can lawfully be installed within the Premises without the need for any further planning or other consents.94consents.86]