Common use of Determination of the Lease Clause in Contracts

Determination of the Lease. 1.1 In the event of the personal representative of a deceased Tenant refusing or being unable to complete an assignment of this Lease pursuant to paragraph 14 of the Fourth Schedule the Landlord may at any time after the expiration of the period of six months therein referred to determine this Lease by not less than twenty- eight days written notice to such personal representative and at the end of such notice this Lease shall determine but without prejudice to any claim by either party in respect of any antecedent breach of any covenant herein contained 1.2 In the event of the Landlord being desirous of carrying out any work of construction or development on the Property or upon any part of the Estate and for such purpose shall require possession of the Property it shall serve upon the Tenant not less than twelve months’ notice of such desire expiring at any time and upon the expiration of such notice this Lease shall cease and determine but without prejudice to any claim by either party against the other in respect of any antecedent breach of any covenant therein 1.3 If the Landlord exercises its rights pursuant to paragraph 1.2 of this Schedule then in the event that the Tenant has carried out works of improvement (but for the avoidance of doubt not maintenance, repairs or the making good of dilapidations) at the Property during the Term and obtained the Landlord’s consent to such works and the Landlord’s consent to such works coming within the scope of this clause 1.3 then the Tenant shall be entitled to receive compensation calculated as follows:- Compensation = (X ÷ Y) x Z Where X = value of the works carried out Y = number of years of the Term remaining at the date the works are completed Z = number of years of the Term remaining at the date the Landlord gives notice pursuant to paragraph 1.2 of this Schedule 1.4 The Landlord may determine this Lease by not less than twenty-eight days written notice if the Tenant ceases to be a Full Member of the National Rifle Association 1.5 In the event of Forces permanently requiring the Property for manoeuvres or operations or if such activities prevent use of the ranges or the use of the Property for the Authorised User the Landlord may determine this Lease by seven days written notice to the Tenant expiring at any time and at the end of such notice this Lease shall determine but without prejudice to any claim by either party in respect of any antecedent breach of any covenant herein contained 1.6 If the Tenant shall desire to determine this Lease at the end of the first seven or fourteen years of the Term and of such desire shall give to the Landlord not less than six months’ notice in writing to expire at the end of such period of seven or fourteen years (as the case may be) and provided that the Tenant shall pay all Rents and substantially observe and perform all the covenants and conditions herein contained and on his part to be observed and performed then immediately after the expiration of such period of seven or fourteen years (as the case may be) this Lease shall cease and be void but without prejudice to any claim by either party against the other in respect of any antecedent breach of any covenant herein contained but for the avoidance of doubt no compensation shall be payable to the Tenant

Appears in 3 contracts

Samples: Lease, Lease, Lease

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Determination of the Lease. 1.1 In the event of the personal representative of a deceased Tenant refusing or being unable to complete an assignment of this Lease pursuant to paragraph 14 of the Fourth Schedule the Landlord may at any time after the expiration of the period of six months therein referred to determine this Lease by not less than twenty- eight days written notice to such personal representative and at the end of such notice this Lease shall determine but without prejudice to any claim by either party in respect of any antecedent breach of any covenant herein contained 1.2 In the event of the Landlord being desirous of carrying out any work of construction or development on the Property or upon any part of the Estate and for such purpose shall reasonably require possession of the Property it shall serve upon the Tenant not less than twelve months’ notice of such desire expiring at any time and upon the expiration of such notice this Lease shall cease and determine but without prejudice to any claim by either party against the other in respect of any antecedent breach of any covenant therein 1.3 1.2 If the Landlord exercises its rights pursuant to paragraph 1.2 this lease terminates in accordance with clause 1.1 of this Schedule then in then, within 14 days after the event that expiry of the notice served under clause 1.1, the Landlord shall refund to the Tenant has carried out works a percentage of improvement (but the Premium, and any VAT paid in respect of it, for the avoidance of doubt not maintenance, repairs or the making good of dilapidations) at the Property during the Term period from and obtained the Landlord’s consent to such works and the Landlord’s consent to such works coming within the scope of this clause 1.3 then the Tenant shall be entitled to receive compensation calculated as follows:- Compensation = (X ÷ Y) x Z Where X = value excluding date of the works carried out Y = number of years expiry of the Term remaining at relevant notice up to and excluding the date the works are completed Z = number of years last day of the Term remaining at the date the Landlord gives notice pursuant to paragraph 1.2 of this ScheduleTerm, calculated on a daily basis 1.4 1.3 The Landlord may determine this Lease by not less than twenty-eight days one year’s written notice if the Tenant ceases to be either a Full Member of the National Rifle Association or an Affiliated Club. For the avoidance of doubt, (i) during the period of notice, the Tenant, which shall include the Tenant’s estate in the event of the Tenant’s death, shall be entitled to assign the Property pursuant clause 13 of the Fourth Schedule of this Lease; and (ii) if the Tenant shall become a Full Member of the National Rifle Association or an Affiliated Club during the period of notice, which shall not be unreasonably denied by the National Rifle Association, then any written notice given under paragraph 1.1 of this Schedule shall be deemed to have been withdrawn and the Lease shall not be determined 1.5 1.4 In the event of Forces permanently requiring the Property for manoeuvres or operations or if such activities prevent use of the ranges or the use of the Property for the Authorised User the Landlord may determine this Lease by seven days written notice to the Tenant expiring at any time and at the end of such notice this Lease shall determine but without prejudice to any claim by either party in respect of any antecedent breach of any covenant herein contained 1.6 If the Tenant shall desire to determine this Lease at the end of the first seven or fourteen years of the Term and of such desire shall give to the Landlord not less than six months’ notice in writing to expire at the end of such period of seven or fourteen years (as the case may be) and provided that the Tenant shall pay all Rents and substantially observe and perform all the covenants and conditions herein contained and on his part to be observed and performed then immediately after the expiration of such period of seven or fourteen years (as the case may be) this Lease shall cease and be void but without prejudice to any claim by either party against the other in respect of any antecedent breach of any covenant herein contained but for the avoidance of doubt no compensation shall be payable to the Tenant

Appears in 1 contract

Samples: Lease

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Determination of the Lease. 1.1 In the event of the personal representative of a deceased Tenant refusing or being unable to complete an assignment of this Lease pursuant to paragraph 14 of the Fourth Schedule the Landlord may at any time after the expiration of the period of six months therein referred to determine this Lease by not less than twenty- twenty-eight days written notice to such personal representative and at the end of such notice this Lease shall determine but without prejudice to any claim by either party in respect of any antecedent breach of any covenant herein contained 1.2 In the event of the Landlord being desirous of carrying out any work of construction or development on the Property or upon any part of the Estate and for such purpose shall require possession of the Property it shall serve upon the Tenant not less than twelve months’ notice of such desire expiring at any time and upon the expiration of such notice this Lease shall cease and determine but without prejudice to any claim by either party against the other in respect of any antecedent breach of any covenant therein 1.3 If the Landlord exercises its rights pursuant to paragraph 1.2 of this Schedule then in the event that the Tenant has carried out works of improvement (but for the avoidance of doubt not maintenance, repairs or the making good of dilapidations) at the Property during the Term and obtained the Landlord’s consent to such works and the Landlord’s consent to such works coming within the scope of this clause 1.3 then the Tenant shall be entitled to receive compensation calculated as follows:- Compensation = (X ÷ Y) x Z Where X = value of the works carried out Y = number of years of the Term remaining at the date the works are completed Z = number of years of the Term remaining at the date the Landlord gives notice pursuant to paragraph 1.2 of this Schedule 1.4 The Landlord may determine this Lease by not less than twenty-eight days written notice if the Tenant ceases to be a Full Member of the National Rifle Association 1.5 1.4 In the event of Forces permanently requiring the Property for manoeuvres or operations or if such activities prevent use of the ranges or the use of the Property for the Authorised User the Landlord may determine this Lease by seven days written notice to the Tenant expiring at any time and at the end of such notice this Lease shall determine but without prejudice to any claim by either party in respect of any antecedent breach of any covenant herein contained 1.6 1.5 If the Tenant shall desire to determine this Lease at the end of the first seven or fourteen years of the Term and of such desire shall give to the Landlord not less than six months’ notice in writing to expire at the end of such period of seven or fourteen years (as the case may be) and provided that the Tenant shall pay all Rents and substantially observe and perform all the covenants and conditions herein contained and on his part to be observed and performed then immediately after the expiration of such period of seven or fourteen years (as the case may be) this Lease shall cease and be void but without prejudice to any claim by either party against the other in respect of any antecedent breach of any covenant herein contained but for the avoidance of doubt no compensation shall be payable to the Tenant

Appears in 1 contract

Samples: Lease

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