Common use of DEMISE AND RENT Clause in Contracts

DEMISE AND RENT. 3.1 In consideration of the Rents hereinafter reserved and of the covenants and conditions hereinafter contained the Landlord hereby demises unto the Tenant with full title guarantee the Premises together with the rights (if any) contained or referred to in Part 2 of Schedule 1 except and reserving as provided in Part 3 thereof TO HOLD the same subject to and with the benefit of the matters (if any) referred to in Part 4 of Schedule 1 unto the Tenant for the Term yielding and paying therefor unto the Landlord quarterly during the Term and so in proportion for any less period than a quarter without any deduction first the Base Rent payable on a Rent Day in advance in accordance with column 4 of Schedule 3 and Additional Rent payable in advance on each Rent Day in accordance with Column 5 of Schedule 3 3.2 The Additional Rent shall be reviewed on 1st December 2002 and thereafter every 1st December during each year of the Term (“the Additional Rent Review Date”) 50 that if any of the expenses incurred in the provision of the Part 1 Services have varied during the preceding twelve months the Additional Rent shall be varied as appropriate by a proportionate amount based on the net square footage of the Premises as a percentage of the total net square footage of the Site and in the event of any dispute between the parties either party may require the matter to be determined by the Landlord’s auditors who shall certify the amount of any variation to the Additional Rent (save in respect of manifest error) such variation to take effect from the relevant Additional Rent Review Date and pending determination the Tenant shall continue to pay the Additional Rent at the rate payable during the preceding twelve months. 3.3 In providing the Part 1 Services the Landlord shall be entitled to change or withdraw such of the Part 1 Services as are specified in paragraphs (i), (ii) and (iii) of Part 1 of Schedule 2 upon giving to the Tenant not less that three months prior written notice (unless prevented by force majeure) whereupon the Additional Rent for the relevant year in which the change or withdrawal is made shall be adjusted by such amount as is fair and reasonable with any dispute being determined on the application of either party by the Landlord’s auditor 3.4 If the Landlord shall choose to provide any of the Part 1 Services in a different manner to that provided previously or to a different quality standard or not to provide any of the Part 1 Services the effect of which is to reduce the cost of providing the Part 1 Services then the Additional Rent shall be reduced with effect from the next Rent Day to reflect such reduction in cost as is fair and reasonable and in the event of any dispute such dispute to be determined on the application of either party by the Landlord’s auditor acting as an expert 3.5 The Landlord hereby agrees with the Tenant not to vary the Additional Rent by more than 15% in any year and not to vary it by more than 40% in any three year period 3.6 If the Rates for the Premises are reassessed or if the Uniform Business Rate is varied at any time during the term the Landlord shall be entitled to pass on to the Tenant the amount of any such variation and if such variation is retrospective such retrospective payment shall equally be payable by the Tenant or the Landlord as the case may be (provided that such retrospective charge shall not include any element relating to a period prior to the Rent Commencement Date) 3.7 The Base Rent shall be reviewed on the Review Date in accordance with the provisions of Schedule 4

Appears in 4 contracts

Samples: Lease (Xyratex LTD), Lease Agreement (Xyratex LTD), Lease Agreement (Xyratex LTD)

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DEMISE AND RENT. 3.1 In consideration of the Rents rents hereinafter reserved and of the covenants and conditions hereinafter contained the Landlord hereby demises HEREBY DEMISES unto the Tenant with full title guarantee ALL THAT the Premises together with TOGETHER WITH so far as the Landlord can grant the same the rights (if any) contained or referred to in Part 2 of Schedule 1 except and reserving EXCEPT AND RESERVING as provided in Part 3 thereof TO HOLD the same subject SUBJECT to and (insofar as the Landlord has the power to grant the same) with the benefit of the matters (if any) referred to in Part 4 of that Schedule 1 unto the Tenant for the Contractual Term yielding and paying YIELDING AND PAYING therefor unto the Landlord quarterly yearly during the Term and so in proportion for any less period than a quarter year without any deduction FIRST the clear yearly Rent (exclusive of VAT) as specified in Clause 1.6 of the Particulars such rent (if the Landlord so requires) to be paid by banker's standing order direct debit or other accepted means for the transmission of money which the Landlord may from time to time reasonably nominate by equal quarterly payments in advance on the four Rent Days in every year the first payment (for the Base period beginning on the Rent payable Commencement Date and ending on a the day preceding the next succeeding Rent Day in advance and calculated by multiplying the said yearly rent by the fraction of which the numerator is the number of days between those dates (both included) and the denominator is 365) to be made on the date hereof SECONDLY by way of additional rent all such monies as shall become payable in accordance with column 4 Clause 4.3 THIRDLY by way of Schedule 3 and Additional Rent additional rent all such monies as shall become payable in advance on each Rent Day in accordance with Column 5 of Schedule 3 3.2 The Additional Rent shall be reviewed on 1st December 2002 Clause 4.4 and thereafter every 1st December during each year of the Term (“the Additional Rent Review Date”) 50 that if any of the expenses incurred in the provision of the Part 1 Services have varied during the preceding twelve months the Additional Rent shall be varied as appropriate by a proportionate amount based on the net square footage of the Premises as a percentage of the total net square footage of the Site and in the event of any dispute between the parties either party may require the matter to be determined by the Landlord’s auditors who shall certify the amount of any variation to the Additional Rent (save in respect of manifest error) such variation to take effect from the relevant Additional Rent Review Date and pending determination the Tenant shall continue to pay the Additional Rent at the rate payable during the preceding twelve months. 3.3 In providing the Part 1 Services the Landlord shall be entitled to change or withdraw such of the Part 1 Services as are specified in paragraphs (i), (ii) and (iii) of Part 1 of Schedule 2 upon giving to the Tenant not less that three months prior written notice (unless prevented FOURTHLY by force majeure) whereupon the Additional Rent for the relevant year in which the change or withdrawal is made way of additional rent on demand all such monies as shall be adjusted by such amount as is fair and reasonable with any dispute being determined on the application of either party by the Landlord’s auditor 3.4 If the Landlord shall choose to provide any of the Part 1 Services in a different manner to that provided previously or to a different quality standard or not to provide any of the Part 1 Services the effect of which is to reduce the cost of providing the Part 1 Services then the Additional Rent shall be reduced with effect from the next Rent Day to reflect such reduction in cost as is fair and reasonable and in the event of any dispute such dispute to be determined on the application of either party by the Landlord’s auditor acting as an expert 3.5 The Landlord hereby agrees with the Tenant not to vary the Additional Rent by more than 15% in any year and not to vary it by more than 40% in any three year period 3.6 If the Rates for the Premises are reassessed or if the Uniform Business Rate is varied at any time during the term the Landlord shall be entitled to pass on to the Tenant the amount of any such variation and if such variation is retrospective such retrospective payment shall equally be become payable by the Tenant or the Landlord as the case may be (provided that such retrospective charge shall not include any element relating to a period prior to the Rent Commencement Date) 3.7 The Base Rent shall be reviewed on the Review Date in accordance with the provisions of Schedule 4Clause 6.1.1 and 6.

Appears in 1 contract

Samples: Lease (4front Software International Inc/Co/)

DEMISE AND RENT. 3.1 In consideration of 4.1 The Landlord demises the Rents hereinafter reserved and of the covenants and conditions hereinafter contained the Landlord hereby demises unto Premises to the Tenant with full title guarantee the Premises together with the rights (if any) contained or referred to set out in Part Schedule 2 of Schedule 1 except and reserving as provided to the Landlord the rights set out in Part A of Schedule 3 thereof TO HOLD the same subject to and with the benefit of the matters (if any) referred Title Matters to in Part 4 of Schedule 1 unto hold them to the Tenant for the Term yielding and paying therefor unto the Landlord quarterly during the Term by way of rent: 4.1.1 up to but excluding the Rent Commencement Date a peppercorn (if demanded) and so in proportion from and including the Rent Commencement Date the Basic Rent which shall be paid yearly and proportionately for any less period than part of a quarter without any deduction first the Base Rent payable on a Rent Day in advance in accordance with column 4 of Schedule 3 and Additional Rent payable year by equal quarterly instalments in advance on each the Quarter Days the first payment to be made on the Rent Commencement Date in respect of the period from and including the Rent Commencement Date to the next Quarter Day after the Rent Commencement Date and 4.1.2 the Insurance Charge which shall be paid as stated in accordance with Column 5 paragraph 3 of Schedule 34 and 3.2 The Additional Rent 4.1.3 the Service Charge which shall be reviewed on 1st December 2002 paid as stated in Schedule 7 and 4.1.4 any other sums which may become due from the Tenant to the Landlord under the provisions of this Lease 4.2 The Landlord’s right title and thereafter every 1st December during each year of the Term (“the Additional Rent Review Date”) 50 interest in that if any of the expenses incurred in the provision of the Part 1 Services have varied during the preceding twelve months the Additional Rent shall be varied as appropriate by a proportionate amount based on the net square footage part of the Premises referred to as a percentage the Canopy Area is limited to those rights granted under the Canopy Licence. The demise of the total net square footage Premises to the Tenant for the Term pursuant to clause 4.1 of this Lease shall in relation to the Site and in Canopy Area alone be limited to the event grant of any dispute between the parties either party may require the matter to be determined by a sub-licence of the Landlord’s auditors who shall certify said right title and interest in the amount of any variation to Canopy Area for the Additional Rent (save in respect of manifest error) such variation to take effect from the relevant Additional Rent Review Date and pending determination the Tenant shall continue to pay the Additional Rent at the rate payable during the preceding twelve months. 3.3 In providing the Part 1 Services the Landlord shall be entitled to change or withdraw such duration of the Part 1 Services as are specified in paragraphs (i), (ii) and (iii) of Part 1 of Schedule 2 upon giving to the Tenant not less that three months prior written notice (unless prevented by force majeure) whereupon the Additional Rent for the relevant year in which the change or withdrawal is made shall be adjusted by such amount as is fair and reasonable with any dispute being determined on the application of either party by the Landlord’s auditor 3.4 If the Landlord shall choose to provide any of the Part 1 Services in a different manner to that provided previously or to a different quality standard or not to provide any of the Part 1 Services the effect of which is to reduce the cost of providing the Part 1 Services then the Additional Rent shall be reduced with effect from the next Rent Day to reflect such reduction in cost as is fair and reasonable and in the event of any dispute such dispute to be determined on the application of either party by the Landlord’s auditor acting as an expert 3.5 The Landlord hereby agrees with the Tenant not to vary the Additional Rent by more than 15% in any year and not to vary it by more than 40% in any three year period 3.6 If the Rates for the Premises are reassessed or if the Uniform Business Rate is varied at any time during the term the Landlord shall be entitled to pass on to the Tenant the amount of any such variation and if such variation is retrospective such retrospective payment shall equally be payable by the Tenant or the Landlord as the case may be (provided that such retrospective charge shall not include any element relating to a period prior to the Rent Commencement Date) 3.7 The Base Rent shall be reviewed on the Review Date in accordance with the provisions of Schedule 4Term

Appears in 1 contract

Samples: Lease Agreement (Guidance Software, Inc.)

DEMISE AND RENT. 3.1 In consideration of the Rents hereinafter reserved and of the covenants and conditions hereinafter contained the The Landlord hereby demises DEMISES unto the Tenant with full title guarantee ALL THOSE the Premises together TOGETHER with the particular rights (if any) set out in schedule 2 hereto so far as the Landlord has the power to grant the same BUT EXCEPT AND RESERVED AND SUBJECT to the particular rights and matters set out in schedule 3 hereto AND SUBJECT ALSO to such other rights, easements, quasi easement and privileges as are enjoyed by any adjoining or neighbouring premises in any manner affecting the Premises AND SUBJECT ALSO to the matters contained or referred to in Part 2 of Schedule 1 except and reserving as provided in Part 3 thereof the Encumbrances TO HOLD the same subject to and with the benefit of the matters (if any) referred to in Part 4 of Schedule 1 Premises unto the Tenant (together with but except and reserved and subject as above) for the Term yielding and paying therefor unto YIELDING AND PAYING to the Landlord quarterly during the Term and so in proportion for any less period time than a quarter year without any deduction first deductions therefrom whatsoever the Base following rents namely: 2.1 from the Rent payable on a Commencement Date the Rent Day in advance in accordance with column 4 of Schedule 3 and Additional Rent payable by BACS or standing order by equal quarterly payments in advance on each Rent Day the four usual quarter days in accordance with Column 5 of Schedule 3 3.2 The Additional Rent shall be reviewed on 1st December 2002 and thereafter every 1st December during each year of which the Term first payment (being the Additional due proportion for the period commencing on the Rent Review Date”Commencement Date and ending on the day prior to the next usual quarter day thereafter) 50 that if any of the expenses incurred in the provision of the Part 1 Services have varied during the preceding twelve months the Additional Rent shall be varied as appropriate by a proportionate amount based paid on the net square footage of the Premises as a percentage of the total net square footage of the Site and in the event of any dispute between the parties either party may require the matter to be determined by the Landlord’s auditors who shall certify the amount of any variation to the Additional Rent (save in respect of manifest error) such variation to take effect from the relevant Additional Rent Review Date and pending determination the Tenant shall continue to pay the Additional Rent at the rate payable during the preceding twelve months. 3.3 In providing the Part 1 Services the Landlord shall be entitled to change or withdraw such of the Part 1 Services as are specified in paragraphs (i), (ii) and (iii) of Part 1 of Schedule 2 upon giving to the Tenant not less that three months prior written notice (unless prevented by force majeure) whereupon the Additional Rent for the relevant year in which the change or withdrawal is made shall be adjusted by such amount as is fair and reasonable with any dispute being determined on the application of either party by the Landlord’s auditor 3.4 If the Landlord shall choose to provide any of the Part 1 Services in a different manner to that provided previously or to a different quality standard or not to provide any of the Part 1 Services the effect of which is to reduce the cost of providing the Part 1 Services then the Additional Rent shall be reduced with effect from the next Rent Day to reflect such reduction in cost as is fair and reasonable and in the event of any dispute such dispute to be determined on the application of either party by the Landlord’s auditor acting as an expert 3.5 The Landlord hereby agrees with the Tenant not to vary the Additional Rent by more than 15% in any year and not to vary it by more than 40% in any three year period 3.6 If the Rates for the Premises are reassessed or if the Uniform Business Rate is varied at any time during the term the Landlord shall be entitled to pass on to the Tenant the amount of any such variation and if such variation is retrospective such retrospective payment shall equally be payable by the Tenant or the Landlord as the case may be (provided that such retrospective charge shall not include any element relating to a period prior to before the Rent Commencement Date); 3.7 The Base Rent shall be reviewed on 2.2 as additional rent the Review Date Service Charge calculated in accordance with schedule 5 and payable as therein set out; 2.3 within 14 days of written demand as additional rent the provisions of Schedule 4Insurance Rent; 2.4 the Additional Charges at the times and in the manner specified in clause 12; and 2.5 VAT on the rents reserved by this Lease payable at the time such rents are payable.

Appears in 1 contract

Samples: Lease Agreement (SmartKem, Inc.)

DEMISE AND RENT. 3.1 In consideration of Properties HEREBY DEMISES unto Generation the Rents hereinafter reserved and of Demised Premises TOGETHER WITH so far as Properties is able to grant the covenants and conditions hereinafter contained the Landlord hereby demises unto the Tenant with full title guarantee the Premises together with same the rights (if any) contained or referred to set out in Part 2 3 of Schedule 1 except EXCEPTING AND RESERVING unto Properties and reserving as provided in Part 3 thereof TO HOLD PowerGen and to all other persons from time to time entitled thereto the same subject to and with the benefit of the matters (if any) referred to rights set out in Part 4 of Schedule 1 TO HOLD the Demised Premises unto Generation SUBJECT TO (and, where relevant and applicable, with the Tenant benefit of) the rights, covenants, obligations and other matters affecting the Demised Premises and all licenses, consents, permissions and agreements at the date of this Lease affecting the operation of the Demised Premises and the power station erected thereon and in particular (but without prejudice to the generality of the foregoing) those matters more particularly contained or referred to in the documents short particulars whereof are set out in Parts 5, 6 and 7 of Schedule 1 as far as the same relate to the Demised Premises and are subsisting and capable of taking effect for the Term yielding and paying a term of ninety-nine (99) years (less three days) commencing on 2nd July 1996 YIELDING AND PAYING therefor unto Properties without deduction, set-off or counterclaim (except such as Generation may be required by law to deduct notwithstanding any stipulation to the Landlord quarterly contrary), (a) in relation to the Demised Premises (excluding the Mobile Equipment) yearly during the Term and so in proportion for any period less period than a quarter without any deduction first year, the Base Rent payable on a Rent Day which shall be paid whether or not demanded in advance in accordance with column 4 of Schedule 3 and Additional Rent payable in advance arrears by equal quarterly payments on each of the Rent Day Days and (b), in accordance with Column 5 of Schedule 3 3.2 The Additional relation to the Mobile Equipment, yearly until the Handover Date and so in proportion for any period less than a year, the Mobile Equipment Rent which shall be reviewed paid whether or not demanded in arrear on 1st December 2002 and thereafter every 1st December during 10 August in each year of the Term (“the Additional Rent Review Date”) 50 that if any of the expenses incurred in the provision of the Part 1 Services have varied during the preceding twelve months the Additional Rent shall be varied as appropriate by a proportionate amount based first payment being made on the net square footage of the Premises as a percentage of the total net square footage of the Site and in the event of any dispute between the parties either party may require the matter to be determined by the Landlord’s auditors who shall certify the amount of any variation to the Additional Rent (save 10 August 1997 in respect of manifest error) such variation to take effect from the relevant Additional Rent Review Date and pending determination the Tenant shall continue to pay the Additional Rent at the rate payable during the preceding twelve monthsyear ending 30 June 1997. 3.3 In providing the Part 1 Services the Landlord shall be entitled to change or withdraw such of the Part 1 Services as are specified in paragraphs (i), (ii) and (iii) of Part 1 of Schedule 2 upon giving to the Tenant not less that three months prior written notice (unless prevented by force majeure) whereupon the Additional Rent for the relevant year in which the change or withdrawal is made shall be adjusted by such amount as is fair and reasonable with any dispute being determined on the application of either party by the Landlord’s auditor 3.4 If the Landlord shall choose to provide any of the Part 1 Services in a different manner to that provided previously or to a different quality standard or not to provide any of the Part 1 Services the effect of which is to reduce the cost of providing the Part 1 Services then the Additional Rent shall be reduced with effect from the next Rent Day to reflect such reduction in cost as is fair and reasonable and in the event of any dispute such dispute to be determined on the application of either party by the Landlord’s auditor acting as an expert 3.5 The Landlord hereby agrees with the Tenant not to vary the Additional Rent by more than 15% in any year and not to vary it by more than 40% in any three year period 3.6 If the Rates for the Premises are reassessed or if the Uniform Business Rate is varied at any time during the term the Landlord shall be entitled to pass on to the Tenant the amount of any such variation and if such variation is retrospective such retrospective payment shall equally be payable by the Tenant or the Landlord as the case may be (provided that such retrospective charge shall not include any element relating to a period prior to the Rent Commencement Date) 3.7 The Base Rent shall be reviewed on the Review Date in accordance with the provisions of Schedule 4

Appears in 1 contract

Samples: Underlease (Txu Eastern Holdongs LTD)

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DEMISE AND RENT. 3.1 In consideration of the Rents hereinafter rents and covenants on the part of the Tenant reserved and contained in this Lease the Landlord demises the Premises to the Tenant at the request of the covenants and conditions hereinafter contained the Landlord hereby demises unto the Tenant with full title guarantee the Premises together with Guarantor TOGETHER WITH the rights mentioned in Schedule 2 EXCEPT AND RESERVING the rights mentioned in Schedule 3 AND SUBJECT as mentioned in Schedule 4 TO HOLD for the Contractual Term starting on the Contractual Term Commencement Date (if any) contained or referred to in Part 2 of Schedule 1 except and reserving determinable nevertheless as provided in Part 3 thereof TO HOLD this Lease) YIELDING AND PAYING during the same subject to and with the benefit of the matters (if any) referred to in Part 4 of Schedule 1 unto the Tenant Term: 3.1 for the period from the Contractual Term yielding Commencement Date until the Yearly Rent Commencement Date the rent of a peppercorn and paying therefor unto thereafter the Landlord quarterly during Yearly Rent specified in the Term Particulars together with all increases in Yearly Rent which shall become payable pursuant to the provisions for the review of Yearly Rent contained in this Lease such Yearly Rent to be paid without any deductions and so in proportion proportionately for any less period than part of a quarter without any deduction first the Base Rent payable on a Rent Day in advance in accordance with column 4 of Schedule 3 and Additional Rent payable year by equal quarterly payments in advance on the four usual quarter days in each year the first (proportionate) payment of the Yearly Rent Day to be made on the Yearly Rent Commencement Date in accordance with Column 5 respect of Schedule 3the period from the Yearly Rent Commencement Date until the next usual quarter day after the Yearly Rent Commencement Date: and 3.2 The Additional Rent within 14 days of a demand thereof by way of further or additional rent from the Contractual Term Commencement Date a sum or sums of money equal To the gross amount which the Landlord From Lime to time incurs or expends: 3.2.1 in or in respect of effecting or maintaining insurance of: 3.2.1.1 the Premises in the Landlord's estimate of their Full Reinstatement Cost for the time being against the Insured Risks: and 3.2.1.2 the Landlord's third party liability in relation to the Premises and their use and occupation including but not limited to liability under the Defective Premises Act 1972, (together in each case with value added tax if the Landlord so determines in its absolute discretion) and where the Premises are insured with other property the Landlord shall attribute a fair and reasonable proportion of the premiums to the Premises and save for manifest error the Landlord's decision shall be reviewed final and binding on 1st December 2002 the Parties; 3.2.2 in or in respect of effecting or maintaining insurance against loss of Yearly Rent for a period of three years or such longer period as the Landlord may from time to time reasonably determine including anticipated loss of Yearly Rent following a Yearly Rent review (and thereafter every 1st December during each year if such insurance is effected prior to the agreement or determination of the Term (“Yearly Rent upon review the Additional amount of such Yearly Rent Review Date”) 50 that if any for the purpose of the expenses incurred in the provision of the Part 1 Services have varied during the preceding twelve months the Additional Rent insurance only shall be varied as appropriate estimated by a proportionate amount based the Landlords Surveyor whose decision shall be final and binding on the net square footage Parties save in case of manifest error): and 3.2.3 in respect of valuations of the Premises as a percentage of the total net square footage of the Site and in the event of any dispute between the parties either party may require the matter to be determined for insurance purposes if required by the Landlord’s auditors who shall certify the amount of any variation to the Additional Rent (save in respect of manifest error) such variation to take effect from the relevant Additional Rent Review Date and pending determination the Tenant shall continue to pay the Additional Rent at the rate payable during the preceding twelve months.: and 3.3 In providing on demand by way of further or additional rent Interest where payable under the Part 1 Services the Landlord shall be entitled to change or withdraw such terms of the Part 1 Services as are specified in paragraphs (i), (ii) and (iii) of Part 1 of Schedule 2 upon giving to the Tenant not less that three months prior written notice (unless prevented by force majeure) whereupon the Additional Rent for the relevant year in which the change or withdrawal is made shall be adjusted by such amount as is fair and reasonable with any dispute being determined on the application of either party by the Landlord’s auditor 3.4 If the Landlord shall choose to provide any of the Part 1 Services in a different manner to that provided previously or to a different quality standard or not to provide any of the Part 1 Services the effect of which is to reduce the cost of providing the Part 1 Services then the Additional Rent shall be reduced with effect from the next Rent Day to reflect such reduction in cost as is fair and reasonable and in the event of any dispute such dispute to be determined on the application of either party by the Landlord’s auditor acting as an expert 3.5 The Landlord hereby agrees with the Tenant not to vary the Additional Rent by more than 15% in any year and not to vary it by more than 40% in any three year period 3.6 If the Rates for the Premises are reassessed or if the Uniform Business Rate is varied at any time during the term the Landlord shall be entitled to pass on to the Tenant the amount of any such variation and if such variation is retrospective such retrospective payment shall equally be payable by the Tenant or the Landlord as the case may be (provided that such retrospective charge shall not include any element relating to a period prior to the Rent Commencement Date) 3.7 The Base Rent shall be reviewed on the Review Date in accordance with the provisions of Schedule 4this Lease. and

Appears in 1 contract

Samples: Lease (Business Objects Sa)

DEMISE AND RENT. 3.1 In consideration The Landlord demises the Premises to the Tenant TOGETHER WITH all rights specified in part 1 of schedule 1 but EXCEPTING AND RESERVING the Rents hereinafter reserved rights specified in part 2 of schedule 1 SUBJECT so far as the same now affect the Premises and are still subsisting and capable of being enforced to the covenants and conditions hereinafter contained the Landlord hereby demises unto the Tenant with full title guarantee the Premises together with the rights (if any) contained or referred to other matters specified in Part schedule 2 of Schedule 1 except and reserving as provided in Part 3 thereof TO HOLD the same Premises subject to and with the benefit of the matters (if any) referred to in Part 4 of Schedule 1 as aforesaid unto the Tenant for the Term yielding and paying therefor YIELDING AND PAYING unto the Landlord quarterly during the Term Term: (a) yearly and so in proportion proportionately for any less period than fraction of a quarter without any deduction first year the Base Basic Rent and from and including each Review Date such yearly rent as shall become payable on a Rent Day in advance under and in accordance with column clause 4 of Schedule 3 and Additional such Basic Rent payable to be paid by equal quarterly payments in advance on each the usual quarter days in every year the first of such payment being (if necessary) a proportionate payment in respect of the period from and including the Rent Day Commencement Date to the next following quarter day to be made on the date hereof; (b) UPON DEMAND by way of further rent: (i) such Service Charge and Interim Service Charge as shall become payable under and in accordance with Column 5 of Schedule schedule 3; 3.2 The Additional Rent shall be reviewed (ii) the Insurance Rent; (iii) the sums referred to in clause 5.2 and all reasonable and proper fees costs charges and expenses on 1st December 2002 and thereafter every 1st December during each year of the Term (“the Additional Rent Review Date”) 50 that if any of the expenses a full indemnity basis incurred in the provision recovery or attempted recovery of any arrears of the Part 1 Services have varied during Reserved Rents or the preceding twelve months the Additional Rent shall be varied as appropriate by a proportionate amount based on the net square footage of the Premises as a percentage of the total net square footage of the Site and in the event remedy of any dispute between the parties either party may require the matter to be determined by the Landlord’s auditors who shall certify the amount breach of any variation to the Additional Rent (save in respect of manifest error) such variation to take effect from the relevant Additional Rent Review Date and pending determination the Tenant shall continue to pay the Additional Rent at the rate payable during the preceding twelve months. 3.3 In providing the Part 1 Services the Landlord shall be entitled to change or withdraw such of the Part 1 Services as are specified in paragraphs (i), (ii) and (iii) of Part 1 of Schedule 2 upon giving to the Tenant not less that three months prior written notice (unless prevented by force majeure) whereupon the Additional Rent for the relevant year in which the change or withdrawal is made shall be adjusted by such amount as is fair and reasonable with any dispute being determined on the application of either party by the Landlord’s auditor 3.4 If the Landlord shall choose to provide any of the Part 1 Services in a different manner to that provided previously or to a different quality standard or not to provide any of the Part 1 Services the effect of which is to reduce the cost of providing the Part 1 Services then the Additional Rent shall be reduced with effect from the next Rent Day to reflect such reduction in cost as is fair and reasonable and in the event of any dispute such dispute to be determined on the application of either party by the Landlord’s auditor acting as an expert 3.5 The Landlord hereby agrees with the Tenant not to vary the Additional Rent by more than 15% in any year and not to vary it by more than 40% in any three year period 3.6 If the Rates for the Premises are reassessed or if the Uniform Business Rate is varied at any time during the term the Landlord shall be entitled to pass on to the Tenant the amount of any such variation and if such variation is retrospective such retrospective payment shall equally be payable covenant by the Tenant or the termination of this Lease whether or not the Tenant is granted relief by agreement or by the Court; (iv) any other monies properly payable by the Tenant to the Landlord as the case under this Lease; and (v) any Value Added Tax which may be (provided that such retrospective charge shall not include chargeable on any element relating to a period prior to of the Rent Commencement Date) 3.7 The Base Rent shall be reviewed on the Review Date in accordance with the provisions of Schedule 4Reserved Rents or other sums reserved or payable under this Lease.

Appears in 1 contract

Samples: Underlease (Seebeyond Technology Corp)

DEMISE AND RENT. 3.1 In consideration of 2.1 The Landlord DEMISES the Rents hereinafter reserved and of the covenants and conditions hereinafter contained the Landlord hereby demises unto Premises to the Tenant with full title guarantee the Premises together with TOGETHER WITH the rights (if any) contained or referred to set out in Part 2 of the First Schedule 1 except EXCEPTING AND RESERVING as set out in Part 3 of the First Schedule 2.2 TO HOLD the Premises to the Tenant from and reserving including 29 September 2001 “the Term Commencement Date” for a term of years expiring on 24 December 2008 (determinable as provided in Part 3 thereof TO HOLD the same subject Clause 5.12) 2.3 Subject to and with the benefit of the matters (if any) more particularly referred to in Part 4 and Part 5 of Schedule 1 unto the Tenant for the Term yielding and paying therefor unto First Schedule 2.4 YIELDING AND PAYING to the Landlord quarterly during the Term and so in proportion for any less period than a quarter without any deduction first the Base Rent payable on a Rent Day deductions or set off legal or equitable: 2.4.1 by equal quarterly payments in advance on the Rent Payment Days (a) from the Term Commencement Date to 28 September 2006 (both days inclusive) the yearly rent of [***] £[***] (b) from and including 29 September 2006 the yearly rent determined in accordance with column 4 Clause 7 the first payment to be made on the date of Schedule 3 this Lease for the period beginning on the Term Commencement Date and Additional ending on the day before the Rent Payment Day following the date of this Lease 2.4.2 by way of further or additional rent any VAT which is payable in advance on each Rent Day the rents reserved by this Lease in accordance with Column 5 Clause 3.2 2.4.3 by way of Schedule 3further or additional rent from time to time a sum equivalent to the gross premium payable for the insurance attributable to the *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. Premises effected in accordance with Clause 4.2 such sum to be payable to the Landlord on demand 3.2 The Additional Rent shall be reviewed 2.4.4 by way of further or additional rent from time to time the Service Charge 2.5 If any rent or any other sum due under this Lease is unpaid for more than fourteen days (whether formally demanded or not) the Tenant must pay Interest calculated on 1st December 2002 and thereafter every 1st December during each year of the Term (“the Additional Rent Review Date”) 50 that if any of the expenses incurred in the provision of the Part 1 Services have varied during the preceding twelve months the Additional Rent shall be varied as appropriate by a proportionate amount based daily basis on the net square footage of amount unpaid from the Premises as a percentage of date on which it was due until the total net square footage of the Site date on which payment is made and in the event of any dispute between the parties either party may require the matter to be determined by the Landlord’s auditors who shall certify the amount of any variation payable to the Additional Rent (save Landlord on demand and recoverable as rent in respect of manifest error) such variation to take effect from the relevant Additional Rent Review Date and pending determination the Tenant shall continue to pay the Additional Rent at the rate payable during the preceding twelve months.arrear 3.3 In providing the Part 1 Services the Landlord shall be entitled to change or withdraw such of the Part 1 Services as are specified in paragraphs (i), (ii) and (iii) of Part 1 of Schedule 2 upon giving to the Tenant not less that three months prior written notice (unless prevented by force majeure) whereupon the Additional Rent for the relevant year in which the change or withdrawal is made shall be adjusted by such amount as is fair and reasonable with any dispute being determined on the application of either party by the Landlord’s auditor 3.4 2.6 If the Landlord shall choose refuses to provide accept any of the Part 1 Services in a different manner to that provided previously rent or to a different quality standard or any other sum so as not to provide waive any existing breach or alleged breach of covenant the Part 1 Services Tenant must pay Interest calculated on a daily basis on the effect of amount refused or unpaid from and including the date on which it was due to the date when payment is to reduce accepted by the cost of providing the Part 1 Services then the Additional Rent shall be reduced with effect from the next Rent Day to reflect such reduction in cost as is fair Landlord and reasonable and in the event of any dispute such dispute to be determined payable on the application of either party by the Landlord’s auditor acting demand and recoverable as an expert 3.5 The Landlord hereby agrees with the Tenant not to vary the Additional Rent by more than 15% rent in any year and not to vary it by more than 40% in any three year period 3.6 If the Rates for the Premises are reassessed or if the Uniform Business Rate is varied at any time during the term the Landlord shall be entitled to pass on to the Tenant the amount of any such variation and if such variation is retrospective such retrospective payment shall equally be payable by the Tenant or the Landlord as the case may be (provided that such retrospective charge shall not include any element relating to a period prior to the Rent Commencement Date) 3.7 The Base Rent shall be reviewed on the Review Date in accordance with the provisions of Schedule 4arrear

Appears in 1 contract

Samples: Lease (Intercontinentalexchange Inc)

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