Common use of BALCONY, TERRACE AND CIRCULATION ROUTE Clause in Contracts

BALCONY, TERRACE AND CIRCULATION ROUTE. 5.1 Subject to the terms of this clause 5 the Landlord shall keep the Central Gallery and Terrace clean and tidy and the Tenant shall keep the Balcony clean and tidy. 5.2 The Tenant shall be entitled to use the Central Gallery outside of Museum Opening Hours for any use consistent with the Permitted Use of the Hall provided that such use does not include any activities that unduly conflict with the use of the Central Gallery as a museum display area. 5.3 Where the Central Gallery is used by the Tenant outside of Museum Opening Hours the Tenant shall at its own cost ensure that prior to the next opening of the Museum: (a) all litter is removed from the Central Gallery; and (b) the Central Gallery is cleaned and tidied in accordance with the Cleaning Standards; and (c) any furniture within the Central Gallery is laid out in the usual arrangement as established from time to time. 5.4 Subject to the terms of this clause 5, the Landlord may at any time close the Central Gallery so as to prevent the Tenant and its visitors from accessing the area and the Tenant may at any time close the Balcony and the Circulation Route so as to prevent the Landlord and its visitors from accessing the area. 5.5 Prior to any closure of the Central Gallery, the Balcony or the Circulation Route the Party wishing to close the relevant area shall : (a) provide the other Party with a list of advance or block bookings in respect of a rolling 12 month period; and (b) where any closure is required that is not identified by notification given in accordance with clause 5.5(a) of this Agreement: (i) give to the other Party at least 48 hours of the proposed times between which the area will be closed (except in the case of emergency when as much notice as reasonably practicable must be given); and (ii) take into account any objections or other representations made by the other Party in relation to the proposed closure and any detrimental effect it will have on that Party; and (iii) take reasonable steps to mitigate any detrimental effect identified as a result of this procedure. 5.6 Both Parties shall use reasonable endeavours to make the Central Gallery, the Balcony and the Circulation Route open for use as often as possible. 5.7 The Tenant shall with the prior consent of the Landlord (such consent not to be unreasonably withheld or delayed) be entitled to use the Terrace outside of Museum Opening Hours for any use consistent with the Permitted Use of the Hall provided that such use does not include any activities that unduly conflict with the use of the Terrace as a museum display area. 5.8 In determining whether to grant consent to the Tenant to use the Terrace it shall be reasonable for the Landlord to refuse consent on the grounds that the Landlord has reasonable grounds to consider that: (a) the security of the Building may be at risk; or (b) the safety of the Building or the visitors to the Building may be at risk; nothing in this clause shall prevent the Landlord from refusing consent in any other circumstance where it is reasonable to do so. 5.9 In determining whether to grant consent to the Tenant to use the Terrace it shall be reasonable for the Landlord to impose any condition on use on the grounds that the Landlord acting reasonably considers that it is necessary to do so to: (a) preserve the security of the Building; or (b) preserve the safety of the Building or the visitors to the Building (c) prevent nuisance to residents and businesses in the local amenity nothing in this clause shall prevent the Landlord from giving consent subject to any other reasonable condition. 5.10 Where the Terrace is used by the Tenant outside of Museum Opening Hours the Tenant shall at its own cost ensure that prior to the next opening of the Museum: (a) all litter is removed from the Terrace; and (b) the Terrace is cleaned and tidied in accordance with the Cleaning Standards; and (c) any furniture within the Terrace is laid out in the usual arrangement as established from time to time.

BALCONY, TERRACE AND CIRCULATION ROUTE. 5.1 Subject to the terms of this clause 5 the Landlord shall keep the Central Gallery and Terrace clean and tidy and the Tenant shall keep the Balcony clean and tidy. 5.2 The Tenant shall be entitled to use the Central Gallery outside of Museum Opening Hours for any use consistent with the Permitted Use of the Hall provided that such use does not include any activities that unduly conflict with the use of the Central Gallery as a museum display area. 5.3 Where the Central Gallery is used by the Tenant outside of Museum Opening Hours the Tenant shall at its own cost ensure that prior to the next opening of the Museum: (a) all litter is removed from the Central Gallery; and (b) the Central Gallery is cleaned and tidied in accordance with the Cleaning Standards; and (c) any furniture within the Central Gallery is laid out in the usual arrangement as established from time to time. 5.4 Subject to the terms of this clause 5, the Landlord may at any time close the Central Gallery so as to prevent the Tenant and its visitors from accessing the area and the Tenant may at any time close the Balcony and the Circulation Route so as to prevent the Landlord and its visitors from accessing the area. 5.5 Prior to any closure of the Central Gallery, the Balcony or the Circulation Route the Party wishing to close the relevant area shall must: (a) provide the other Party with a list of advance or block bookings in respect of a rolling 12 month period; and (b) where any closure is required that is not identified by notification given in accordance with clause 5.5(a) of this Agreement: (i) give to the other Party at least 48 hours of the proposed times between which the area will be closed (except in the case of emergency when as much notice as reasonably practicable must be given); and (ii) take into account any objections or other representations made by the other Party in relation to the proposed closure and any detrimental effect it will have on that Party; and (iii) take reasonable steps to mitigate any detrimental effect identified as a result of this procedure. 5.6 Both Parties shall use reasonable endeavours to make the Central Gallery, the Balcony and the Circulation Route open for use as often as possible. 5.7 The Tenant shall with the prior consent of the Landlord (such consent not to be unreasonably withheld or delayed) be entitled to use the Terrace outside of Museum Opening Hours for any use consistent with the Permitted Use of the Hall provided that such use does not include any activities that unduly conflict with the use of the Terrace as a museum display area. 5.8 In determining whether to grant consent to the Tenant to use the Terrace it shall be reasonable for the Landlord to refuse consent on the grounds that the Landlord has reasonable grounds to consider that: (a) the security of the Building may be at risk; or (b) the safety of the Building or the visitors to the Building may be at risk; nothing in this clause shall prevent the Landlord from refusing consent in any other circumstance where it is reasonable to do so. 5.9 In determining whether to grant consent to the Tenant to use the Terrace it shall be reasonable for the Landlord to impose any condition on use on the grounds that the Landlord acting reasonably considers that it is necessary to do so to: (a) preserve the security of the Building; or (b) preserve the safety of the Building or the visitors to the Building (c) prevent nuisance to residents and businesses in the local amenity nothing in this clause shall prevent the Landlord from giving consent subject to any other reasonable condition. 5.10 Where the Terrace is used by the Tenant outside of Museum Opening Hours the Tenant shall at its own cost ensure that prior to the next opening of the Museum: (a) all litter is removed from the Terrace; and (b) the Terrace is cleaned and tidied in accordance with the Cleaning Standards; and (c) any furniture within the Terrace is laid out in the usual arrangement as established from time to time.