Agreement Xxx 0000 Part 3 Provisions relating to Balmoral South Iron Ore Project and certain other matters Division 2 Main provisions s. 14
Xxx 0000 68 If any of the original parties to this Lease are non-UK parties, include an address for service in the United Kingdom for that party here. 69 The Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016 apply to buildings or building units over 1000m² which do not meet 2002 or later building standards. Ultimate responsibility for compliance with the regulations rests with the building owner, although carrying out the measures or improvement works identified in an action plan can be delegated to a third party e.g. a tenant. The drafting throughout this Lease envisages the Landlord carrying out any necessary works but recovering associated costs via the Service Charge from the Tenant. 70 See FN69 above. As a consequence of the Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016, the importance and necessity to include Part 7 of the Schedule ("Sustainability") has increased. 71 This wording is not required if the Tenant can end this Lease only on a single specified date. 72 The conditions in this break clause are consistent with the Code for Leasing Business Premises (2007). 73 This wording is intended to ensure that the Tenant has given physical possession (ie removed itself and all of its fittings, furniture and equipment from the Premises) and that there are no subsisting occupation rights. However, the wording, in Scotland, may also be considered to include legal (vacant) possession where if the Tenant has not completely removed everything from the Premises by the Break Date (eg left behind some internal partitioning or furniture), it may lose its right to terminate the lease on the Break Date (Riverside Park Ltd v NHS Property Services Limited [2016] EWHC 1313 (Ch)). The Code for Leasing Business Premises in England & Wales published in March 2007 recommends that "The only pre-conditions to tenants exercising any break clauses should be that they are up to date with the main rent, give up occupation and leave behind no continuing subleases. Disputes about the state of the premises, or what has been left behind or removed, should be settled later (like with normal lease expiry)". The Tenant may, therefore, want to consider deleting this wording so that there can be no doubt that the right to break is preserved, leaving the Landlord with the usual remedies against the Tenant in the event that the Tenant has not given full legal and physical possession to the Landlord on the Break Date. 74 The obligation to repay any rent relating to the period after the Break Date is in Clause 5.4. 75 Appropriate rights will be property specific in each case. 76 Consider the Landlord's policy on staff parking within the Centre. 77 The safeguards that tenants ordinarily look for where a landlord has a right of entry are contained in Clause 5.5. There is no need to repeat them in this Part of the Schedule.
Xxxxxx, X Xxxxxxxx --------------------------- Xxxxxx X. Xxxxxxxx
Xxxxx X X. Xxxxxxxx
Xxxx, X Xxxx, Chief Corporate Counsel of the Company, shall have furnished to the Representatives a written opinion or opinions, dated the Time of Delivery for such Designated Securities, in form and substance satisfactory to the Representatives, to the effect that:
EFFECTIVE DATE AND SIGNATURE This MOU shall be effective upon the signature of authorized officials from Party A and Party B. It shall be in force from (Date to be finalized with Lease-Up) to (Date to be finalized with Lease-Up). Parties A and B indicate agreement with this MOU by their signatures below. Party A Party B By: By: Title: Title: Signed: Signed: Date: Date:
Xxxx, Xx Xxxxxxxxxx, XX 00000 Attention: Xxxxx X. Xxxxxxxxxx, CEO Email: Xx.Xxxxxxxxxx@xxx.xxx with a copy to : Stock Yards Bancorp, Inc.
Xxxxx, Xx Xxxxxx X.
Xxxxxxx, X Xxxxxxxx
Contract Number All purchase orders issued by purchasing entities within the jurisdiction of this Addendum shall include the Participating State Addendum Number: 46151504-NASPO-17-ACS. This Addendum and Master Agreement number RFP-NK-15-001 (administered by the State of Colorado) together with its exhibits, set forth the entire agreement between the Parties with respect to the subject matter of all previous communications, representations or agreements, whether oral or written, with respect to the subject matter hereof. Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Addendum and the Contract, together with its exhibits, shall not be added to or incorporated into this Addendum or the Contract and its exhibits, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of this Addendum and the Contract and its exhibits shall prevail and govern in the case of any such inconsistent or additional terms within the Participating State.