Common use of Covenants by Surety Clause in Contracts

Covenants by Surety. 1.1 The Surety HEREBY COVENANTS with and guarantees to the Landlord that 1.1.1 at all times during the Term and until this demise is lawfully brought to an end and the Landlord has beneficial occupation of the Premises or until the Tenant assigns this Lease as a whole with Consent as required by this Lease (if earlier) or otherwise if the Tenant remains liable for payment under the Landlord and Xxxxxx Xxx 0000 to pay the rents hereby reserved and all other sums and payments covenanted and or agreed to be paid by the Tenant at the respective times and in manner herein appointed for payment thereof and will also duly perform and observe and keep the several covenants and provisions on the Tenant’s part herein contained and 1.1.2 the Surety will pay and make good to the Landlord all losses liabilities costs and expenses sustained by the Landlord through the default of the Tenant in respect of any of the before mentioned matters and 1.1.3 that any neglect or forbearance of the Landlord in endeavouring to obtain payment of the said several rents and payments as and when the same become due or their delay to take any steps to enforce performance or observance of the several covenants and provisions herein on the Tenant’s part contained and any time which may be given by the Landlord to the Tenant shall not release or in any way lessen or affect the liability of the Surety under the guarantee on the Surety’s part herein contained and 1.1.4 if the Tenant (being a Company) shall become subject to an administration order or be the subject of a winding up order by the Court or otherwise go into liquidation or if the Tenant (being an individual) shall be adjudged bankrupt and the Liquidator or Administrator or the Trustee of the bankrupt’s estate (as the case may be) shall disclaim this Lease and if the Landlord shall within three months after such disclaimer by notice in writing require the Surety to accept a lease of the Premises for a term equal to the residue which if there had been no such disclaimer would have remained of the Term at the same rents and under the like covenants and provisions as are reserved by and contained in the Lease the said new lease and the rights and liabilities thereunder to take effect as from the date of the said disclaimer then and in such case the Surety shall accept such lease accordingly and execute and deliver to the Landlord a counterpart thereof in all respects at the sole cost of the Surety and 1.1.5 upon demand to pay to the Landlord Interest on all amounts due under this paragraph 1 from the date the same respectively fell due until the date of payment thereof

Covenants by Surety. 1.1 The Surety HEREBY COVENANTS with and guarantees to the Landlord that 1.1.1 (a) at all times during the Term and until this demise is lawfully brought to an end and the Landlord has beneficial occupation of the Premises or until the Tenant assigns this Lease as a whole with Consent as required by this Lease (if earlier) or otherwise if the Tenant remains liable for payment under the Landlord and Xxxxxx Xxx 0000 to pay the rents hereby reserved and all other sums and payments covenanted and or agreed to be paid by the Tenant at the respective times and in manner herein appointed for payment thereof and will also duly perform and observe and keep the several covenants and provisions on the Tenant’s part herein contained and 1.1.2 (b) the Surety will pay and make good to the Landlord all losses liabilities costs and expenses sustained by the Landlord through the default of the Tenant in respect of any of the before mentioned matters and 1.1.3 (c) that any neglect or forbearance of the Landlord in endeavouring to obtain payment of the said several rents and payments as and when the same become due or their delay to take any steps to enforce performance or observance of the several covenants and provisions herein on the Tenant’s part contained and any time which may be given by the Landlord to the Tenant shall not release or in any way lessen or affect the liability of the Surety under the guarantee on the Surety’s part herein contained and 1.1.4 (d) if the Tenant (being a Company) shall become subject to an administration order or be the subject of a winding up order by the Court or otherwise go into liquidation or if the Tenant (being an individual) shall be adjudged bankrupt and the Liquidator or Administrator or the Trustee of the bankrupt’s estate (as the case may be) shall disclaim this Lease and if the Landlord shall within three months after such disclaimer by notice in writing require the Surety to accept a lease of the Premises for a term equal to the residue which if there had been no such disclaimer would have remained of the Term at the same rents and under the like covenants and provisions as are reserved by and contained in the Lease the said new lease and the rights and liabilities thereunder to take effect as from the date of the said disclaimer then and in such case the Surety shall accept such lease accordingly and execute and deliver to the Landlord a counterpart thereof in all respects at the sole cost of the Surety and 1.1.5 (e) upon demand to pay to the Landlord Interest on all amounts due under this paragraph 1 from the date the same respectively fell due until the date of payment thereof

Covenants by Surety. 1.1 7.1 The provisions of this Clause shall apply where:- 7.1.1 a surety is a party to this Lease 7.1.2 in accordance with the requirements of Clause 4.19 a surety is a party to a Licence to Assign this Lease or to grant an Underlease out of it 7.2 The Surety HEREBY COVENANTS as primary obligor and not as guarantor covenants with and guarantees to the Landlord thatLandlord:- 1.1.1 at all times 7.2.1 during the Term and or if applicable until completion of an assignment of this demise Lease which is lawfully brought to not an end and the Landlord has beneficial occupation excluded assignment as defined in Section 11 of the Premises or until Act the Tenant assigns shall pay the rent when due and perform the covenants and other terms of this Lease as a whole with Consent Lease 7.2.2 in case of default by the Tenant to pay on demand the rents and so far as required by the Landlord to observe and perform the covenants and other terms of this Lease (if earlier) or otherwise if Lease 7.2.3 where the Tenant remains liable for payment has assigned the Lease and has entered into an authorised guarantee agreement with the Landlord under Section 16 of the Act the Tenant shall pay all sums due and comply with its obligations arising under the Landlord authorised guarantee agreement and Xxxxxx Xxx 0000 to pay the rents hereby reserved and all other sums and payments covenanted and or agreed to be paid by the Tenant at the respective times and in manner herein appointed for payment thereof and will also duly perform and observe and keep the several covenants and provisions on the Tenant’s part herein contained and 1.1.2 the Surety will pay and make good to indemnifies the Landlord against all losses liabilities damages costs and expenses sustained suffered or incurred by the Landlord through as result of any default by the default Tenant 7.3 The liability of the Tenant Surety under this Clause 7 shall not be effected in respect of any of the before mentioned matters andway by:- 1.1.3 that 7.3.1 any neglect or of forbearance of the Landlord in endeavouring to obtain enforcing payment of any rent or the said several rents and payments as and when the same become due observance or their delay to take any steps to enforce performance or observance of the several covenants and provisions herein on of the Lease 7.3.2 any time or indulgence given to the Tenant by the Landlord 7.3.3 any time or indulgence given to or the release of any person who is a guarantor or who is otherwise liable for the performance of the Tenant’s part contained and 's obligations under this Lease 7.3.4 any time which may be given refusal by the Landlord to accept rent from the Tenant shall not release following a breach of covenant by the Tenant 7.3.5 any agreement with the Tenant or any licence or consent granted to the Tenant or any variation in any way lessen or affect the liability terms of the Surety under Lease 7.3.6 any assignment of the guarantee on Lease except to the Surety’s part herein contained andextent the Tenant is released by statute 1.1.4 if 7.3.7 the death of the Tenant (being a Companyif an individual) shall become subject to an administration order or be the subject dissolution of a winding up order by the Court or otherwise go into liquidation or if the Tenant (being an individualif a company) 7.3.8 a surrender of part of the Demised Premises except that the Surety shall have no liability in relation to the surrendered part in respect of any period following the date of surrender 7.3.9 the Tenant or any other person who is a guarantor ceasing to exist or any legal limitation or incapacity relating to them 7.3.10 any other matter or thing whereby but for this provision the Surety would have been released 7.4 The Surety undertakes to the Landlord not (without the prior consent of the Landlord) to make a claim on the Tenant under any right of subrogation or indemnity or to take any security from the Tenant and where any such security is taken from the Tenant and enforced by the Surety to hold the proceeds of such enforcement on trust for the Landlord 7.5 If this Lease shall be adjudged bankrupt and disclaimed or shall be forfeited by the Liquidator or Administrator or Landlord the Trustee of the bankrupt’s estate (as the case may be) shall disclaim this Lease and Surety will if the Landlord shall by notice in writing within three six months after such disclaimer by notice in writing or forfeiture so require take from the Surety to accept Landlord a lease of the Demised Premises for a term equal to the residue which if there had been no such disclaimer would have remained of the Term at the time of such disclaimer or forfeiture at the same rents and under rent as was payable immediately prior to such disclaimer subject to the like same covenants and provisions conditions (including as are reserved by and contained to rent review) as in the this Lease the said but without requiring any other person to act as Surety such new lease and the rights and liabilities thereunder to take effect as from the date of disclaimer or forfeiture and to be granted at the said disclaimer then and in such case cost of the Surety who shall accept such lease accordingly and execute and deliver to the Landlord a counterpart thereof in all respects at of it 7.6 If this Lease is disclaimed or forfeited or otherwise ceases to have effect and for any reason the sole cost of Landlord does not require the Surety and 1.1.5 upon demand to accept a new lease pursuant to Clause 7.5 the surety shall pay to the Landlord Interest on all demand an amount equal to the difference between any money received by the Landlord for the use or occupation of the Demised Premises and the rents (if higher) which would have been payable had this Lease not been disclaimed or forfeited for the period commencing with the date of disclaimer or forfeiture and ending on the date twelve months after the date of disclaimer or forfeiture and the Landlord's certificate of the amount or amounts due under this paragraph 1 from sub-clause shall in the date absence of manifest error be final and binding on the same respectively fell due until Surety 7.7 The Surety's covenants under this Clause 7 shall be for the date benefit of payment thereofthe person in whom the reversion immediately expectant on this Lease is vested without the need for any express assignment 7.8 References in this Clause 7 to the Tenant shall include references to the Tenant's assigns under excluded assignments as defined in Section 11 of the Act but shall not include any other assigns.

Covenants by Surety. 1.1 The Surety HEREBY COVENANTS with and guarantees to the Landlord that 1.1.1 (a) at all times during the Term and until this demise is lawfully brought to an end and the Landlord has beneficial occupation of the Premises or until the Tenant assigns this Lease as a whole with Consent as required by this Lease (if earlier) or otherwise if the Tenant remains liable for payment under the Landlord and Xxxxxx Xxx 0000 to pay the rents hereby reserved and all other sums sum and payments covenanted and or agreed to be paid by the Tenant at the respective times and in manner herein appointed for payment thereof and will also duly perform and observe and keep the several covenants and provisions on the Tenant’s 's part herein contained and 1.1.2 (b) the Surety will pay and make good to the Landlord all losses liabilities costs and expenses sustained by the Landlord through the default of the Tenant in respect of any of the before mentioned matters and 1.1.3 (c) that any neglect or forbearance of the Landlord in endeavouring to obtain payment of the said several rents and payments as and when the same become due or their delay to take any steps to enforce performance or observance of the several covenants and provisions herein on the Tenant’s 's part contained and any time which may be given by the Landlord to the Tenant shall not release or in any way lessen or affect the liability of the Surety under the guarantee on the Surety’s 's part herein contained and 1.1.4 (d) if the Tenant (being a Company) shall become subject to an administration order or be the subject of a winding up order by the Court or otherwise go into liquidation or if the Tenant (being an individual) shall be adjudged bankrupt and the Liquidator or Administrator or the Trustee of the bankrupt’s 's estate (as the case may be) shall disclaim this Lease and if the Landlord shall within three months after such disclaimer by notice in writing require the Surety to accept a lease of the Premises for a term equal to the residue which if there had been no such disclaimer would have remained of the Term at the same rents and under the like covenants and provisions as are reserved by and contained in the Lease the said new lease and the rights and liabilities thereunder to take effect as from the date of the said disclaimer then and in such case the Surety shall accept such lease accordingly and execute and deliver to the Landlord a counterpart thereof in all respects at the sole cost of the Surety and 1.1.5 (e) upon demand to pay to the Landlord Interest on all amounts due under this paragraph 1 from the date the same respectively fell due until the date of payment thereof