Common use of AGREEMENTS AND DECLARATIONS Clause in Contracts

AGREEMENTS AND DECLARATIONS. Provided always that it is hereby agreed and declared as follows: 6.1 For the avoidance of doubt, and without prejudice to the status of the Agreement as a Licence to occupy, if the Occupier seeks to recover possession of the Room if the Residence Charge or any part thereof or any other money payable under this Agreement shall be in arrear or unpaid for at least twenty-one days after the same shall become due (whether formally demanded or not) or in the event of the breach of any of the undertakings on the part of the Occupier herein contained the Owner will exercise its right to enter the Room and immediately thereupon the Occupier’s occupation shall absolutely determine but such entry shall be without prejudice to any right or remedy which the Owner may have in respect of any antecedent breach or non-observance by the Occupier of any of the provisions of this Agreement 6.2 If the Residence Charge or any part thereof or any other money hereby made payable shall not be received by the owner within fourteen days after the same shall have become due then in addition and without prejudice to the right of entry in clause 6.1 hereof or any other remedy of the Owner, the owner shall be entitled to charge a surcharge of £10 and if payment is not received within 14 days of the date on which sums fall due the owner shall be entitled to charge interest at the rate of 2% per month or part thereof on the sum or sums due to the owner from the date on which sum or sums fall due until the day on which payment is received by the Owner 6.3 The Occupier acknowledges that this Agreement is an agreement linked to the provision of academic services by the Owner and that the College, as Owner, has the right to take such steps as are appropriate, reasonable and necessary to recover all indebtedness to the College, or to settle it on terms, if possible before the Occupier is presented for the degree or degrees of the University for which the Occupier is registered 6.4 Any person who is not the Occupier and who makes payments due from the Occupier under this Agreement does so as agent for the Occupier

Appears in 4 contracts

Samples: Occupation Agreement, Occupation Agreement, Occupation Agreement

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AGREEMENTS AND DECLARATIONS. Provided always 16.1 The Landlord may use or develop any other property which it owns and impose, enforce, modify or release any covenants, conditions or agreements relating to that property in any way it pleases, without incurring any liability to the Tenant because it has done so PROVIDED that nothing in this clause shall be deemed to authorise any interference with or obstruction to the various means of access to the Premises for the Tenant its servants, agents, contractors and the public visiting the premises. 16.2 None of the Tenant's obligations under this lease shall be affected, at law or in equity, by any temporary waiver or release of them. 16.3 The Tenant shall not be entitled to raise any demand for or acceptance of rent in defence of any proceedings in relation to any breach of this lease, even though the Landlord or its agents knew about or should have recognised the existence of that breach at the time when the rent was demanded or accepted. 16.4 The Landlord shall not be responsible to the Tenant or to any other person for any accident or injury suffered on the Premises or for any damage to or loss of any goods or property sustained on the Premises or for any act, omission or negligence of any employee of the Landlord PROVIDED that this sub-clause shall not apply when the Landlord is hereby agreed carrying out the works or doing the things required of the pursuant to sub- clauses 10.2 and declared as follows:10.3 above and when the Landlord is in occupation pursuant to clause 14. 6.1 16.5 For the avoidance first five years of doubtthe Term neither the Tenant nor any assignee or undertenant shall be entitled to any compensation, whether under the Landlord and without prejudice Tenant Act 1954 or otherwise, upon quitting the Premises. 16.6 Neither party shall be liable to the status of the Agreement as a Licence to occupy, if the Occupier seeks to recover possession of the Room if the Residence Charge or other for any part thereof or any other money payable under this Agreement shall be in arrear or unpaid for at least twenty-one days after the same shall become due (whether formally demanded or not) or in the event of the breach of this lease which arises because it has become illegal or becomes impossible to comply with any of the undertakings provisions which are contained in it, but the term granted by this lease and the rents payable under it shall not be affected and shall continue in full force and effect but modified to the extent necessary to comply with the law and any Enactment. 16.7 Nothing in this lease or in any consent or approval granted under it shall be treated as an express or implied warranty as to the lawfulness of any use or development under the Planning Acts. 16.8 The Tenant has obtained written replies from the Landlord's Solicitors to any questions upon which it wishes to satisfy itself and has not been induced to enter into this lease or influenced by any other representations or statements, oral or written, as to any matter (including environmental matters) made by or on behalf of the Landlord save to the extent there are Landlord's representations in the Sports and Leisure Management and Funding Agreement. 16.9 The rights and remedies which this lease confers on the part Landlord are in addition to and shall not prejudice or affect any other rights and remedies which may also be available to the Landlord. 16.10 Section 196 of the Occupier herein contained Law of Property Act 1925 (as amended by the Owner will exercise its right Recorded Delivery Service Act 1962) shall apply to enter all notices served under this lease but, if a notice is sent by recorded delivery or registered post and would in the Room and immediately thereupon the Occupier’s occupation shall absolutely determine but such entry ordinary course be delivered on a Saturday, Sunday, Christmas Day, Good Friday, statutory bank or other public holiday, it shall be without prejudice deemed to any right or remedy which be served on the Owner may have in respect of any antecedent breach or non-observance by the Occupier of any next following working day. 16.11 Each of the provisions of this Agreement 6.2 If lease is severable from the Residence Charge others. Any provision which is illegal, invalid or any part thereof or any other money hereby made payable shall not be received by the owner within fourteen days after the same shall have become due then in addition and without prejudice to the right of entry in clause 6.1 hereof or any other remedy of the Owner, the owner unenforceable shall be entitled to charge a surcharge of £10 and if payment is not received within 14 days of the date on which sums fall due the owner shall be entitled to charge interest at the rate of 2% per month or part thereof on the sum or sums due to the owner severed from the date on which sum others without affecting or sums fall due until impairing the day on which payment is received by the Owner 6.3 The Occupier acknowledges that remainder of this Agreement is an agreement linked to the provision of academic services by the Owner and that the College, as Owner, has the right to take such steps as are appropriate, reasonable and necessary to recover all indebtedness to the College, or to settle it on terms, if possible before the Occupier is presented for the degree or degrees of the University for which the Occupier is registered 6.4 Any person who is not the Occupier and who makes payments due from the Occupier under this Agreement does so as agent for the Occupierlease.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

AGREEMENTS AND DECLARATIONS. Provided always that it is hereby agreed and declared as follows: 6.1 For the avoidance of doubt, and without prejudice to the status of the Agreement as a Licence to occupy, if the Occupier Owner seeks to recover possession of the Room if the Residence Charge or any part thereof or any other money payable under this Agreement shall be in arrear or unpaid for at least twenty-one days after the same shall become due (whether formally demanded or not) or in the event of the breach of any of the undertakings on the part of the Occupier herein contained the Owner will exercise its right to enter the Room and immediately thereupon the Occupier’s occupation shall absolutely determine but such entry shall be without prejudice to any right or remedy which the Owner may have in respect of any antecedent breach or non-observance by the Occupier of any of the provisions of this Agreement. 6.2 If the Residence Charge or any part thereof or any other money hereby made payable shall not be received by the owner Owner within fourteen 28 days after the same shall have become due then in addition and without prejudice to the right of entry in clause 6.1 hereof or any other remedy of the Owner, the owner shall be entitled to charge a surcharge non-refundable late fee of £10 and if payment is not received within 50. 6.3 The minimum charge levied in respect of clause 6.2 above, after 14 days of the date on which sums fall due the owner shall non-payment will be entitled to charge interest at the rate of 2% per month or part thereof on the sum or sums due to the owner from the date on which sum or sums fall due until the day on which payment is received by the Owner£5. 6.3 6.4 The Occupier acknowledges that this Agreement is an agreement linked to the provision of academic services by the Owner and that the College, as Owner, has the right to take withhold presentation of the Occupier for any degree of the University of Cambridge until such steps time as are appropriate, reasonable and necessary to recover all indebtedness to the Collegeunder this Agreement is discharged, or to settle it settled on terms, if possible before the Occupier is presented for the degree or degrees of the University for which the Occupier is registeredwaived. 6.4 6.5 Any person who is not the Occupier and who makes payments due from the Occupier under this Agreement does so as an agent for the Occupier.

Appears in 2 contracts

Samples: Occupancy Agreement, Occupancy Agreement

AGREEMENTS AND DECLARATIONS. Provided always 16.1 The Landlord may use or develop any other property which it owns and impose, enforce, modify or release any covenants, conditions or agreements relating to that property in any way it pleases, without incurring any liability to the Tenant because it has done so PROVIDED that nothing in this clause shall be deemed to authorise any interference with or obstruction to the various means of access to the Premises for the Tenant its servants, agents, contractors and the public visiting the premises. 16.2 None of the Tenant's obligations under this lease shall be affected, at law or in equity, by any temporary waiver or release of them. 16.3 The Tenant shall not be entitled to raise any demand for or acceptance of rent in defence of any proceedings in relation to any breach of this lease, even though the Landlord or its agents knew about or should have recognised the existence of that breach at the time when the rent was demanded or accepted. 16.4 The Landlord shall not be responsible to the Tenant or to any other person for any accident or injury suffered on the Premises or for any damage to or loss of any goods or property sustained on the Premises or for any act, omission or negligence of any employee of the Landlord PROVIDED that this sub-clause shall not apply when the Landlord is hereby agreed carrying out the works or doing the things required of the pursuant to sub- clauses 10.2 and declared as follows:10.3 above and when the Landlord is in occupation pursuant to clause 15. 6.1 16.5 For the avoidance first five years of doubtthe Term neither the Tenant nor any assignee or undertenant shall be entitled to any compensation, whether under the Landlord and without prejudice Tenant Act 1954 or otherwise, upon quitting the Premises. 16.6 Neither party shall be liable to the status of the Agreement as a Licence to occupy, if the Occupier seeks to recover possession of the Room if the Residence Charge or other for any part thereof or any other money payable under this Agreement shall be in arrear or unpaid for at least twenty-one days after the same shall become due (whether formally demanded or not) or in the event of the breach of this lease which arises because it has become illegal or becomes impossible to comply with any of the undertakings provisions which are contained in it, but the term granted by this lease and the rents payable under it shall not be affected and shall continue in full force and effect but modified to the extent necessary to comply with the law and any Enactment. 16.7 Nothing in this lease or in any consent or approval granted under it shall be treated as an express or implied warranty as to the lawfulness of any use or development under the Planning Acts. 16.8 The Tenant has obtained written replies from the Landlord's Solicitors to any questions upon which it wishes to satisfy itself and has not been induced to enter into this lease or influenced by any other representations or statements, oral or written, as to any matter (including environmental matters) made by or on behalf of the Landlord save to the extent there are Landlord's representations in the Sports and Leisure Management and Funding Agreement. 16.9 The rights and remedies which this lease confers on the part Landlord are in addition to and shall not prejudice or affect any other rights and remedies which may also be available to the Landlord. 16.10 Section 196 of the Occupier herein contained Law of Property Act 1925 (as amended by the Owner will exercise its right Recorded Delivery Service Act 1962) shall apply to enter all notices served under this lease but, if a notice is sent by recorded delivery or registered post and would in the Room and immediately thereupon the Occupier’s occupation shall absolutely determine but such entry ordinary course be delivered on a Saturday, Sunday, Christmas Day, Good Friday, statutory bank or other public holiday, it shall be without prejudice deemed to any right or remedy which be served on the Owner may have in respect of any antecedent breach or non-observance by the Occupier of any next following working day. 16.11 Each of the provisions of this Agreement 6.2 If lease is severable from the Residence Charge others. Any provision which is illegal, invalid or any part thereof or any other money hereby made payable shall not be received by the owner within fourteen days after the same shall have become due then in addition and without prejudice to the right of entry in clause 6.1 hereof or any other remedy of the Owner, the owner unenforceable shall be entitled to charge a surcharge of £10 and if payment is not received within 14 days of the date on which sums fall due the owner shall be entitled to charge interest at the rate of 2% per month or part thereof on the sum or sums due to the owner severed from the date on which sum others without affecting or sums fall due until impairing the day on which payment is received by the Owner 6.3 The Occupier acknowledges that remainder of this Agreement is an agreement linked to the provision of academic services by the Owner and that the College, as Owner, has the right to take such steps as are appropriate, reasonable and necessary to recover all indebtedness to the College, or to settle it on terms, if possible before the Occupier is presented for the degree or degrees of the University for which the Occupier is registered 6.4 Any person who is not the Occupier and who makes payments due from the Occupier under this Agreement does so as agent for the Occupierlease.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

AGREEMENTS AND DECLARATIONS. Provided always 16.1 The Landlord may use or develop any other property which it owns and impose, enforce, modify or release any covenants, conditions or agreements relating to that property in any way it pleases, without incurring any liability to the Tenant because it has done so PROVIDED that nothing in this clause shall be deemed to authorise any interference with or obstruction to the various means of access to the Premises for the Tenant its servants, agents, contractors and the public visiting the premises. 16.2 None of the Tenant's obligations under this lease shall be affected, at law or in equity, by any temporary waiver or release of them. 16.3 The Tenant shall not be entitled to raise any demand for or acceptance of rent in defence of any proceedings in relation to any breach of this lease, even though the Landlord or its agents knew about or should have recognised the existence of that breach at the time when the rent was demanded or accepted. 16.4 The Landlord shall not be responsible to the Tenant or to any other person for any accident or injury suffered on the Premises or for any damage to or loss of any goods or property sustained on the Premises or for any act, omission or negligence of any employee of the Landlord PROVIDED that this sub-clause shall not apply when the Landlord is hereby agreed carrying out the works or doing the things required of the pursuant to sub- clauses 10.2 and declared as follows:10.3 above and when the Landlord is in occupation pursuant to clause 14. 6.1 16.5 For the avoidance first five (5) years of doubtthe Term neither the Tenant nor any assignee or undertenant shall be entitled to any compensation, whether under the Landlord and without prejudice Tenant Act 1954 or otherwise, upon quitting the Premises. 16.6 Neither party shall be liable to the status of the Agreement as a Licence to occupy, if the Occupier seeks to recover possession of the Room if the Residence Charge or other for any part thereof or any other money payable under this Agreement shall be in arrear or unpaid for at least twenty-one days after the same shall become due (whether formally demanded or not) or in the event of the breach of this lease which arises because it has become illegal or becomes impossible to comply with any of the undertakings provisions which are contained in it, but the term granted by this lease and the rents payable under it shall not be affected and shall continue in full force and effect but modified to the extent necessary to comply with the law and any Enactment. 16.7 Nothing in this lease or in any consent or approval granted under it shall be treated as an express or implied warranty as to the lawfulness of any use or development under the Planning Acts. 16.8 The Tenant has obtained written replies from the Landlord's Solicitors to any questions upon which it wishes to satisfy itself and has not been induced to enter into this lease or influenced by any other representations or statements, oral or written, as to any matter (including environmental matters) made by or on behalf of the Landlord save to the extent there are Landlord's representations in the Sports and Leisure Management and Funding Agreement. 16.9 The rights and remedies which this lease confers on the part Landlord are in addition to and shall not prejudice or affect any other rights and remedies which may also be available to the Landlord. 16.10 Section 196 of the Occupier herein contained Law of Property Act 1925 (as amended by the Owner will exercise its right Recorded Delivery Service Act 1962) shall apply to enter all notices served under this lease but, if a notice is sent by recorded delivery or registered post and would in the Room and immediately thereupon the Occupier’s occupation shall absolutely determine but such entry ordinary course be delivered on a Saturday, Sunday, Christmas Day, Good Friday, statutory bank or other public holiday, it shall be without prejudice deemed to any right or remedy which be served on the Owner may have in respect of any antecedent breach or non-observance by the Occupier of any next following working day. 16.11 Each of the provisions of this Agreement 6.2 If lease is severable from the Residence Charge others. Any provision which is illegal, invalid or any part thereof or any other money hereby made payable shall not be received by the owner within fourteen days after the same shall have become due then in addition and without prejudice to the right of entry in clause 6.1 hereof or any other remedy of the Owner, the owner unenforceable shall be entitled to charge a surcharge of £10 and if payment is not received within 14 days of the date on which sums fall due the owner shall be entitled to charge interest at the rate of 2% per month or part thereof on the sum or sums due to the owner severed from the date on which sum others without affecting or sums fall due until impairing the day on which payment is received by the Owner 6.3 The Occupier acknowledges that remainder of this Agreement is an agreement linked to the provision of academic services by the Owner and that the College, as Owner, has the right to take such steps as are appropriate, reasonable and necessary to recover all indebtedness to the College, or to settle it on terms, if possible before the Occupier is presented for the degree or degrees of the University for which the Occupier is registered 6.4 Any person who is not the Occupier and who makes payments due from the Occupier under this Agreement does so as agent for the Occupierlease.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

AGREEMENTS AND DECLARATIONS. Provided always that it is hereby agreed and declared as follows: 6.1 For the avoidance of doubt, and without prejudice to the status of the Agreement as a Licence to occupy, if the Occupier seeks to recover possession of the Room if the Residence Charge or any part thereof or any other money payable under this Agreement shall be in arrear or unpaid for at least twenty-one days after the same shall become due (whether formally demanded or not) or in the event of the breach of any of the undertakings on the part of the Occupier herein contained the Owner will exercise its right to enter the Room and immediately thereupon the Occupier’s occupation shall absolutely determine but such entry shall be without prejudice to any right or remedy which the Owner may have in respect of any antecedent breach or non-observance by the Occupier of any of the provisions of this Agreement 6.2 If the Residence Charge or any part thereof or any other money hereby made payable shall not be received by the owner within fourteen days after the same shall have become due then in addition and without prejudice to the right of entry in clause 6.1 hereof or any other remedy of the Owner, the owner shall be entitled to charge a surcharge of £10 and if payment is not received within 14 days of the date on which sums fall due the owner shall be entitled to charge interest at the rate of 2% per month or part thereof on the sum or sums due to the owner from the date on which sum or sums fall due until the day on which payment is received by the Owner 6.3 The Occupier acknowledges that this Agreement is an agreement linked to the provision of academic services by the Owner and that the College, as Owner, has the right to take such steps as are appropriate, reasonable and necessary to recover all indebtedness to the College, or to settle it on terms, if possible before the Occupier is presented for the degree or degrees of the University for which the Occupier is registered. 6.4 Any person who is not the Occupier and who makes payments due from the Occupier under this Agreement does so as agent for the Occupier

Appears in 2 contracts

Samples: Occupation Agreement, Occupation Agreement

AGREEMENTS AND DECLARATIONS. Provided always that it is hereby agreed and declared as follows: 6.1 For the avoidance of doubt, and without prejudice to the status of the Agreement as a Licence to occupy, if the Occupier seeks to recover possession of the Room if the Residence Charge or any part thereof or any other money payable under this Agreement shall be in arrear or unpaid for at least twenty-one days after the same shall become due (whether formally demanded or not) or in the event of the breach of any of the undertakings on the part of the Occupier herein contained the Owner will exercise its right to enter the Room and immediately thereupon the Occupier’s occupation shall absolutely determine but such entry shall be without prejudice to any right or remedy which the Owner may have in respect of any antecedent breach or non-observance by the Occupier of any of the provisions of this Agreement 6.2 If the Residence Charge or any part thereof or any other money hereby made payable shall not be received by the owner within fourteen days after the same shall have become due then in addition and without prejudice to the right of entry in clause 6.1 hereof or any other remedy of the Owner, the owner shall be entitled to charge a surcharge of £10 and if payment is not received within 14 days of the date on which sums fall due the owner shall be entitled to charge interest at the rate of 2% per month or part thereof on the sum or sums due to the owner from the date on which sum or sums fall due until the day on which payment is received by the Owner 6.3 The Occupier acknowledges that this Agreement is an agreement linked to the provision of academic services by the Owner and that the College, as Owner, has the right to take such steps as are appropriate, reasonable and necessary to recover all indebtedness to the College, or to settle it on terms, if possible before the Occupier is presented for the degree or degrees of the University for which the Occupier is registered. 6.4 Any person who is not the Occupier and who makes payments due from the Occupier under this Agreement does so as agent for the OccupierOccupier All undergraduate students are required to complete:

Appears in 2 contracts

Samples: Occupation Agreement, Occupation Agreement

AGREEMENTS AND DECLARATIONS. Provided always 16.1 The Landlord may use or develop any other property which it owns and impose, enforce, modify or release any covenants, conditions or agreements relating to that property in any way it pleases, without incurring any liability to the Tenant because it has done so PROVIDED that nothing in this clause shall be deemed to authorise any interference with or obstruction to the various means of access to the Premises for the Tenant its servants, agents, contractors and the public visiting the premises. 16.2 None of the Tenant's obligations under this lease shall be affected, at law or in equity, by any temporary waiver or release of them. 16.3 The Tenant shall not be entitled to raise any demand for or acceptance of rent in defence of any proceedings in relation to any breach of this lease, even though the Landlord or its agents knew about or should have recognised the existence of that breach at the time when the rent was demanded or accepted. 16.4 The Landlord shall not be responsible to the Tenant or to any other person for any accident or injury suffered on the Premises or for any damage to or loss of any goods or property sustained on the Premises or for any act, omission or negligence of any employee of the Landlord PROVIDED that this sub-clause shall not apply when the Landlord is hereby agreed carrying out the works or doing the things required of the pursuant to sub- clauses 10.2 and declared as follows:10.3 above and when the Landlord is in occupation pursuant to clause 6.1 16.5 For the avoidance first five years of doubtthe Term neither the Tenant nor any assignee or undertenant shall be entitled to any compensation, whether under the Landlord and without prejudice Tenant Act 1954 or otherwise, upon quitting the Premises. 16.6 Neither party shall be liable to the status of the Agreement as a Licence to occupy, if the Occupier seeks to recover possession of the Room if the Residence Charge or other for any part thereof or any other money payable under this Agreement shall be in arrear or unpaid for at least twenty-one days after the same shall become due (whether formally demanded or not) or in the event of the breach of this lease which arises because it has become illegal or becomes impossible to comply with any of the undertakings provisions which are contained in it, but the term granted by this lease and the rents payable under it shall not be affected and shall continue in full force and effect but modified to the extent necessary to comply with the law and any Enactment. 16.7 Nothing in this lease or in any consent or approval granted under it shall be treated as an express or implied warranty as to the lawfulness of any use or development under the Planning Acts. 16.8 The Tenant has obtained written replies from the Landlord's Solicitors to any questions upon which it wishes to satisfy itself and has not been induced to enter into this lease or influenced by any other representations or statements, oral or written, as to any matter (including environmental matters) made by or on behalf of the Landlord save to the extent there are Landlord's representations in the Sports and Leisure Management and Funding Agreement. 16.9 The rights and remedies which this lease confers on the part Landlord are in addition to and shall not prejudice or affect any other rights and remedies which may also be available to the Landlord. 16.10 Section 196 of the Occupier herein contained Law of Property Act 1925 (as amended by the Owner will exercise its right Recorded Delivery Service Act 1962) shall apply to enter all notices served under this lease but, if a notice is sent by recorded delivery or registered post and would in the Room and immediately thereupon the Occupier’s occupation shall absolutely determine but such entry ordinary course be delivered on a Saturday, Sunday, Christmas Day, Good Friday, statutory bank or other public holiday, it shall be without prejudice deemed to any right or remedy which be served on the Owner may have in respect of any antecedent breach or non-observance by the Occupier of any next following working day. 16.11 Each of the provisions of this Agreement 6.2 If lease is severable from the Residence Charge others. Any provision which is illegal, invalid or any part thereof or any other money hereby made payable shall not be received by the owner within fourteen days after the same shall have become due then in addition and without prejudice to the right of entry in clause 6.1 hereof or any other remedy of the Owner, the owner unenforceable shall be entitled to charge a surcharge of £10 and if payment is not received within 14 days of the date on which sums fall due the owner shall be entitled to charge interest at the rate of 2% per month or part thereof on the sum or sums due to the owner severed from the date on which sum others without affecting or sums fall due until impairing the day on which payment is received by the Owner 6.3 The Occupier acknowledges that remainder of this Agreement is an agreement linked to the provision of academic services by the Owner and that the College, as Owner, has the right to take such steps as are appropriate, reasonable and necessary to recover all indebtedness to the College, or to settle it on terms, if possible before the Occupier is presented for the degree or degrees of the University for which the Occupier is registered 6.4 Any person who is not the Occupier and who makes payments due from the Occupier under this Agreement does so as agent for the Occupierlease.

Appears in 1 contract

Samples: Lease Agreement

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AGREEMENTS AND DECLARATIONS. Provided always 16.1 The Landlord may use or develop any other property which it owns and impose, enforce, modify or release any covenants, conditions or agreements relating to that property in any way it pleases, without incurring any liability to the Tenant because it has done so PROVIDED that nothing in this clause shall be deemed to authorise any interference with or obstruction to the various means of access to the Premises for the Tenant its servants, agents, contractors and the public visiting the premises. 16.2 None of the Tenant's obligations under this lease shall be affected, at law or in equity, by any temporary waiver or release of them. 16.3 The Tenant shall not be entitled to raise any demand for or acceptance of rent in defence of any proceedings in relation to any breach of this lease, even though the Landlord or its agents knew about or should have recognised the existence of that breach at the time when the rent was demanded or accepted. 16.4 The Landlord shall not be responsible to the Tenant or to any other person for any accident or injury suffered on the Premises or for any damage to or loss of any goods or property sustained on the Premises or for any act, omission or negligence of any employee of the Landlord PROVIDED that this sub-clause shall not apply when the Landlord is hereby agreed carrying out the works or doing the things required of the pursuant to sub- clauses 10.2 and declared as follows:10.3 above and when the Landlord is in occupation pursuant to clause14. 6.1 16.5 For the avoidance first five years of doubtthe Term neither the Tenant nor any assignee or undertenant shall be entitled to any compensation, whether under the Landlord and without prejudice Tenant Act 1954 or otherwise, upon quitting the Premises. 16.6 Neither party shall be liable to the status of the Agreement as a Licence to occupy, if the Occupier seeks to recover possession of the Room if the Residence Charge or other for any part thereof or any other money payable under this Agreement shall be in arrear or unpaid for at least twenty-one days after the same shall become due (whether formally demanded or not) or in the event of the breach of this lease which arises because it has become illegal or becomes impossible to comply with any of the undertakings provisions which are contained in it, but the term granted by this lease and the rents payable under it shall not be affected and shall continue in full force and effect but modified to the extent necessary to comply with the law and any Enactment. 16.7 Nothing in this lease or in any consent or approval granted under it shall be treated as an express or implied warranty as to the lawfulness of any use or development under the Planning Acts. 16.8 The Tenant has obtained written replies from the Landlord's Solicitors to any questions upon which it wishes to satisfy itself and has not been induced to enter into this lease or influenced by any other representations or statements, oral or written, as to any matter (including environmental matters) made by or on behalf of the Landlord save to the extent there are Landlord's representations in the Sports and Leisure Management and Funding Agreement. 16.9 The rights and remedies which this lease confers on the part Landlord are in addition to and shall not prejudice or affect any other rights and remedies which may also be available to the Landlord. 16.10 Section 196 of the Occupier herein contained Law of Property Act 1925 (as amended by the Owner will exercise its right Recorded Delivery Service Act 1962) shall apply to enter all notices served under this lease but, if a notice is sent by recorded delivery or registered post and would in the Room and immediately thereupon the Occupier’s occupation shall absolutely determine but such entry ordinary course be delivered on a Saturday, Sunday, Christmas Day, Good Friday, statutory bank or other public holiday, it shall be without prejudice deemed to any right or remedy which be served on the Owner may have in respect of any antecedent breach or non-observance by the Occupier of any next following working day. 16.11 Each of the provisions of this Agreement 6.2 If lease is severable from the Residence Charge others. Any provision which is illegal, invalid or any part thereof or any other money hereby made payable shall not be received by the owner within fourteen days after the same shall have become due then in addition and without prejudice to the right of entry in clause 6.1 hereof or any other remedy of the Owner, the owner unenforceable shall be entitled to charge a surcharge of £10 and if payment is not received within 14 days of the date on which sums fall due the owner shall be entitled to charge interest at the rate of 2% per month or part thereof on the sum or sums due to the owner severed from the date on which sum others without affecting or sums fall due until impairing the day on which payment is received by the Owner 6.3 The Occupier acknowledges that remainder of this Agreement is an agreement linked to the provision of academic services by the Owner and that the College, as Owner, has the right to take such steps as are appropriate, reasonable and necessary to recover all indebtedness to the College, or to settle it on terms, if possible before the Occupier is presented for the degree or degrees of the University for which the Occupier is registered 6.4 Any person who is not the Occupier and who makes payments due from the Occupier under this Agreement does so as agent for the Occupierlease.

Appears in 1 contract

Samples: Lease Agreement

AGREEMENTS AND DECLARATIONS. Provided always that it is hereby agreed and declared as follows: 6.1 For the avoidance of doubt, and without prejudice to the status of the Agreement as a Licence to occupy, if the Occupier seeks to recover possession of the Room if the Residence Accommodation Charge or any part thereof or any other money payable under this Agreement shall be in arrear or unpaid for at least twenty-one days after the same shall become due (whether formally demanded or not) or in the event of the breach of any of the undertakings on the part of the Occupier Student herein contained the Owner College will exercise its right to enter the Room and immediately thereupon the OccupierStudent’s occupation shall absolutely determine but such entry shall be without prejudice to any right or remedy which the Owner College may have in respect of any antecedent breach or non-observance by the Occupier Student of any of the provisions of this Agreement 6.2 If the Residence Accommodation Charge or any part thereof or any other money hereby made payable shall not be received by the owner College within fourteen days after the same shall have become due then in addition and without prejudice to the right of entry in clause 6.1 hereof or any other remedy of the OwnerCollege, the owner College shall be entitled to charge a surcharge of £10 and if payment is not received within 14 21 days of the date on which sums fall due the owner College shall be entitled to charge interest at the rate of 2% per month or part thereof on the sum or sums due to the owner College from the date on which sum or sums fall due until the day on which payment is received by the OwnerCollege 6.3 The Occupier Student acknowledges that this Agreement is an agreement linked to the provision of academic services by the Owner College and that the College, as OwnerCollege, has the right to take withhold presentation of the Student for any degree of the University of Cambridge until such steps time as are appropriate, reasonable and necessary to recover all indebtedness to the Collegeunder this Agreement is discharged, or to settle it settled on terms, if possible before the Occupier is presented for the degree or degrees of the University for which the Occupier is registeredwaived 6.4 Any person who is not the Occupier Student and who makes payments due from the Occupier Student under this Agreement does so as agent for the OccupierStudent

Appears in 1 contract

Samples: Undergraduate Occupancy Terms & Conditions

AGREEMENTS AND DECLARATIONS. Provided always Always that it is hereby agreed and declared as follows: 6.1 For the avoidance of doubt, and without prejudice to the status of the Agreement as a Licence to occupy, if the Occupier seeks to recover possession of the Room if the Residence Charge or any part thereof or any other money payable under this Agreement shall be in arrear or unpaid for at least twenty-one days after the same shall become due (whether formally demanded or not) or in the event of the breach of any of the undertakings on the part of the Occupier Student herein contained the Owner College will exercise its right to enter the Room and immediately thereupon the OccupierStudent’s occupation shall absolutely determine but such entry shall be without prejudice to any right or remedy which the Owner College may have in respect of any antecedent breach or non-observance by the Occupier Student of any of the provisions of this Agreement 6.2 If the Residence Charge or any part thereof or any other money hereby made payable shall not be received by the owner College within fourteen days after the same shall have become due then in addition and without prejudice to the right of entry in clause 6.1 hereof or any other remedy of the OwnerCollege, the owner College shall be entitled to charge a surcharge of £10 and if payment is not received within 14 21 days of the date on which sums fall due the owner College shall be entitled to charge interest at the rate of 2% per month or part thereof on the sum or sums due to the owner College from the date on which sum or sums fall due until the day on which payment is received by the OwnerCollege 6.3 The Occupier Student acknowledges that this Agreement is an agreement linked to the provision of academic services by the Owner College and that the College, as OwnerCollege, has the right to take withhold presentation of the Student for any degree of the University of Cambridge until such steps time as are appropriate, reasonable and necessary to recover all indebtedness to the Collegeunder this Agreement is discharged, or to settle it settled on terms, if possible before the Occupier is presented for the degree or degrees of the University for which the Occupier is registeredwaived 6.4 Any person who is not the Occupier Student and who makes payments due from the Occupier Student under this Agreement does so as agent for the OccupierStudent

Appears in 1 contract

Samples: Occupancy Conditions

AGREEMENTS AND DECLARATIONS. Provided always 17.1 The Landlord may use or develop any other property which it owns and impose, enforce, modify or release any covenants, conditions or agreements relating to that property in any way it pleases, without incurring any liability to the Tenant because it has done so PROVIDED that nothing in this clause shall be deemed to authorise any interference with or obstruction to the various means of access to the Premises for the Tenant its servants, agents, contractors and the public visiting the premises. 17.2 None of the Tenant's obligations under this lease shall be affected, at law or in equity, by any temporary waiver or release of them. 17.3 The Tenant shall not be entitled to raise any demand for or acceptance of rent in defence of any proceedings in relation to any breach of this lease, even though the Landlord or its agents knew about or should have recognised the existence of that breach at the time when the rent was demanded or accepted. 17.4 The Landlord shall not be responsible to the Tenant or to any other person for any accident or injury suffered on the Premises or for any damage to or loss of any goods or property sustained on the Premises or for any act, omission or negligence of any employee of the Landlord PROVIDED that this sub-clause shall not apply when the Landlord is hereby agreed carrying out the works or doing the things required of the pursuant to sub- clauses 10.2 and declared as follows:10.3 above and when the Landlord is in occupation pursuant to clause 16. 6.1 17.5 For the avoidance first five years of doubtthe Term neither the Tenant nor any assignee or undertenant shall be entitled to any compensation, whether under the Landlord and without prejudice Tenant Act 1954 or otherwise, upon quitting the Premises. 17.6 Neither party shall be liable to the status of the Agreement as a Licence to occupy, if the Occupier seeks to recover possession of the Room if the Residence Charge or other for any part thereof or any other money payable under this Agreement shall be in arrear or unpaid for at least twenty-one days after the same shall become due (whether formally demanded or not) or in the event of the breach of this lease which arises because it has become illegal or becomes impossible to comply with any of the undertakings provisions which are contained in it, but the term granted by this lease and the rents payable under it shall not be affected and shall continue in full force and effect but modified to the extent necessary to comply with the law and any Enactment. 17.7 Nothing in this lease or in any consent or approval granted under it shall be treated as an express or implied warranty as to the lawfulness of any use or development under the Planning Acts. 17.8 The Tenant has obtained written replies from the Landlord's Solicitors to any questions upon which it wishes to satisfy itself and has not been induced to enter into this lease or influenced by any other representations or statements, oral or written, as to any matter (including environmental matters) made by or on behalf of the Landlord save to the extent there are Landlord's representations in the Sports and Leisure Management and Funding Agreement. 17.9 The rights and remedies which this lease confers on the part Landlord are in addition to and shall not prejudice or affect any other rights and remedies which may also be available to the Landlord. 17.10 Section 196 of the Occupier herein contained Law of Property Act 1925 (as amended by the Owner will exercise its right Recorded Delivery Service Act 1962) shall apply to enter all notices served under this lease but, if a notice is sent by recorded delivery or registered post and would in the Room and immediately thereupon the Occupier’s occupation shall absolutely determine but such entry ordinary course be delivered on a Saturday, Sunday, Christmas Day, Good Friday, statutory bank or other public holiday, it shall be without prejudice deemed to any right or remedy which be served on the Owner may have in respect of any antecedent breach or non-observance by the Occupier of any next following working day. 17.11 Each of the provisions of this Agreement 6.2 If lease is severable from the Residence Charge others. Any provision which is illegal, invalid or any part thereof or any other money hereby made payable shall not be received by the owner within fourteen days after the same shall have become due then in addition and without prejudice to the right of entry in clause 6.1 hereof or any other remedy of the Owner, the owner unenforceable shall be entitled to charge a surcharge of £10 and if payment is not received within 14 days of the date on which sums fall due the owner shall be entitled to charge interest at the rate of 2% per month or part thereof on the sum or sums due to the owner severed from the date on which sum others without affecting or sums fall due until impairing the day on which payment is received by the Owner 6.3 The Occupier acknowledges that remainder of this Agreement is an agreement linked to the provision of academic services by the Owner and that the College, as Owner, has the right to take such steps as are appropriate, reasonable and necessary to recover all indebtedness to the College, or to settle it on terms, if possible before the Occupier is presented for the degree or degrees of the University for which the Occupier is registered 6.4 Any person who is not the Occupier and who makes payments due from the Occupier under this Agreement does so as agent for the Occupierlease.

Appears in 1 contract

Samples: Lease Agreement

AGREEMENTS AND DECLARATIONS. Provided always that it It is hereby agreed and declared as follows: 6.1 For the avoidance of doubt, and without prejudice 9.1 Any notice or other written communication to be served by one party upon any other pursuant to the status terms of the Agreement as a Licence to occupy, if the Occupier seeks to recover possession of the Room if the Residence Charge or any part thereof or any other money payable under this Agreement shall be deemed to have been validly served if delivered by hand or sent by pre-paid first class or recorded delivery post to the party to be served at its address herein specified or such other address as may from time to time be notified for this purpose by notice served under this Agreement and any such notice or other written communication to be given by the Authority shall be deemed valid and effectual if on its face value it is signed on behalf of the Authority by an officer or duly authorised signatory thereof 9.2 No person shall be liable for breach of a covenant contained in arrear this Agreement after it shall have parted with all interest in the Site or unpaid that part of the Site in respect of which such breach occurred but without prejudice to liability for any subsisting breach of covenant prior to parting with such interest 9.3 If the Planning Permission shall expire before the Commencement Date or shall at least twenty-one days any time be revoked the provisions of this Agreement shall forthwith determine and cease to have effect 9.4 Nothing in this Agreement shall prohibit or limit the right to develop any part of the Site in accordance with a planning permission (other than the Planning Permission) granted (whether or not on appeal) after the date of this Agreement save for any subsequent reserved matters permission 9.5 Each Disposal of the Affordable Unit shall include a restriction in the following terms: “No disposition of the registered estate (other than a charge) by the proprietor of the registered estate or by the proprietor of any registered charge is to be registered without a certificate signed by the Solicitor of the Lake District National Park Authority, Xxxxxx Xxxx, Oxenholme Road, Kendal, Cumbria, LA9 7RL or its Conveyancer confirming that the provisions of this Deed have been complied with” 9.6 This Agreement shall upon completion be registered as a Local Land Charge against the Affordable Units 9.7 The Authority will upon the written request of the Owner/ Registered Provider [delete as appropriate] at any time after the obligations of the Owner/Registered Provider [delete as appropriate] under this Agreement have been fulfilled issue written confirmation thereof and cancel all related entries in the register of Local Land Charges 9.8 The Owner/ Registered Provider [delete as appropriate] will supply to the Authority within two weeks of the Authority’s written request to do so such information as the Authority may reasonably require for monitoring purposes in order to determine whether the restrictions and obligations of this Agreement are being observed 9.9 Save as provided in respect of the successors in title to the Site or any successor to the relevant statutory functions of the Authority this Agreement shall not be enforceable by any third party pursuant to the Contracts (Rights of Third Parties) Act 1999 9.10 Where any certificate, consent, permission or other approval is to be given by any party or any person on behalf of any party hereto under this Agreement the decision of the same shall become due (whether formally demanded not be unreasonably withheld and shall be given without unreasonable delay and shall either be granted or not) or written reasons given for refusal 9.11 The Owner agrees to pay the Authority’s reasonable legal costs, charges and disbursements incurred in connection with the preparation of this agreement and registration at the Land Registry 1. The Owner covenants with the Authority as follows:- 1.1 To ensure that provision is made for the Affordable Units in the event construction of the breach Development 1.2 That the Affordable Units will be developed and built in accordance with the Planning Permission 1.3 Any subsequent owner of an Affordable Unit shall reside in the Affordable Unit as his main residence and shall not permit any other person to live in the Affordable Unit (other than a person who forms part of their own household) without first obtaining the written consent of the undertakings on Authority 2. The Owner further covenants with the part Authority as follows:- 2.1 The Affordable Units shall first be offered at the Affordable Price to persons at least one of the Occupier herein contained the Owner will exercise its right to enter the Room and immediately thereupon the Occupier’s occupation shall absolutely determine but such entry shall be without prejudice to any right or remedy which the Owner may have whom is a Person with a Local Affordable Housing Need in respect of any antecedent breach or non-observance by the Occupier Locality Defined 2.2 The Affordable Unit shall not be Disposed of any of after the date hereof for an amount exceeding the Affordable Price ascertained in accordance with the provisions of this Agreement 6.2 If 2.3 No Disposal of the Residence Charge Affordable Unit after the date hereof shall be completed and no such Disposal shall be registered at the Land Registry unless the Authority has first consented in writing to such registration PROVIDED THAT such consent shall be given forthwith upon (a) evidence being furnished that the Disponee (or in the case of joint Disponees one of the Disponees) is a Person with a Local Affordable Housing Need; and (b) the Solicitor or Licensed or other authorised Conveyancer acting for the Disponee(s) firstly certifying to the Authority that any part thereof or any other money consideration expressed to be given for the Low Cost Unit by the disponee(s) did not exceed the Affordable Price as evidenced by the certificate given by a Valuer not more than six (6) months before the date of such Disposal and secondly supplying to the Authority a Deed of Covenant executed by the disponee(s) in accordance with clause 2.4 hereof 2.4 The terms of the Agreement and transfer of an Affordable Unit to a Person with a Local Affordable Housing Need shall be no less beneficial than the terms on which the owner at the time generally offer dwelling houses for sale on the open market. 2.5 The first of each and every disposal of an Affordable Unit shall provide (by way of a covenant in favour of the Owner) that each and every Disposal of the Affordable Unit shall be at the Affordable Price to a Person with a Local Affordable Housing Need in accordance with the provisions of this Deed and that all subsequent owners of the Affordable Unit shall be bound by the provisions of this Agreement 2.6 Any subsequent owner shall on each and every subsequent Disposal of an Affordable Unit submit to the Authority’s Solicitor for approval the calculation of the Affordable Price and the Open Market Value of the Affordable Unit prior to the Affordable Unit being offered for sale and the Authority hereby made payable covenants that the approval hereby required to be obtained shall not be received by the owner within fourteen days after the same shall have become due then in addition and without prejudice to the right of entry in clause 6.1 hereof unreasonably withheld or any other remedy of the Owner, the owner shall be entitled to charge a surcharge of £10 and if payment is not received within 14 days of the date on which sums fall due the owner shall be entitled to charge interest at the rate of 2% per month or part thereof on the sum or sums due to the owner from the date on which sum or sums fall due until the day on which payment is received by the Owner 6.3 The Occupier acknowledges that this Agreement is an agreement linked to the provision of academic services by the Owner and that the College, as Owner, has the right to take such steps as are appropriate, reasonable and necessary to recover all indebtedness to the College, or to settle it on terms, if possible before the Occupier is presented for the degree or degrees of the University for which the Occupier is registered 6.4 Any person who is not the Occupier and who makes payments due from the Occupier under this Agreement does so as agent for the Occupierdelayed

Appears in 1 contract

Samples: Planning Obligation

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