Common use of Irritancy Clause in Contracts

Irritancy. 7.1 If the Tenants shall fail to perform or observe any of the material obligations undertaken by them in this Lease or if the Tenants (being a corporation) shall go into liquidation, (whether compulsory or voluntary) (save for the purpose of amalgamation or reconstruction of a solvent company where such amalgamation or reconstruction has been approved in advance by the Landlords (the Landlords’ approval not to be unreasonably withheld or delayed)), or have a winding up order made against them or have a receiver or administrator appointed or if the Tenants (being a company with unlimited liability) apply to limit their liability or in the event that the Tenants or any of them enter into a composition for the benefit of creditors or shall make any arrangement with their creditors, or shall become insolvent or apparently insolvent or have a curator or judicial factor appointed then and in any of these events it shall be in the power of the Landlords by notice to bring this Lease to an end forthwith without any declarator or process of law to that effect and to remove the Tenants from possession of the Subjects, and repossess and enjoy the same as if this Lease had not been granted and that without prejudice to any other remedy of the Landlords in respect of any antecedent breach of any of the Tenants obligations hereunder, and under reservation of all rights and claims competent to the Landlords in terms of this Lease which irritancy is hereby deemed to be pactional and not penal and should not be purgeable at the bar. Any such liquidation, receiver, administration, curator or judicial factor shall be referred to herein as a “Relevant Third Party”. 7.2 In the case of a material breach, non-observance or non-performance by the Tenants which is capable of being remedied, the Landlords shall not exercise any such option of forfeiture unless and until they shall first have given written notice to the Tenants and any other Relevant Third Party including every permitted creditor in any then existing standard security or floating charge affecting this Lease where such security has the consent of the Landlords as required under this Lease, specifying the breach, non-observance or non-performance and requiring the same to be remedied and intimating their intention to exercise their option of forfeiture and in the event of the said breach, non-observance or non-performance not being remedied within such period as may be stated in the notice (being such reasonable period of time as the Landlord shall stipulate in the notice which in the case of failure to pay monies due in terms of the Lease shall be a period of not less than twenty eight days and in the case of failure to comply with the Tenants’ development obligations under Clause 5.2 shall be a period of not less than six months from the date of service of the notice) and the Tenants or any Relevant Third Party shall fail to have remedied the same within the period specified in the notice. 7.3 In the case of the Tenants going into liquidation the Landlords shall allow the liquidator, receiver or administrator (as the case may be) and any such creditor as aforesaid a period of six months in which to dispose of the Tenants’ interest in this Lease and shall only be entitled to terminate this Lease if the liquidator, receiver, administrator or such creditor as the case may be shall have failed to dispose of the Tenants’ interest at the end of the said period provided always that the liquidator, receiver or administrator as the case may be or such creditor shall personally accept in written self proving form and implement full responsibility for payment of the rents (whether due in respect of a period occurring before, on or after the date of liquidation or administration or receivership as the case may be) and for the performance of all other obligations of the Tenants under this Lease from the date of liquidation or administration or receivership as the case may be to the date of disposal or termination of this Lease including settlement of any arrears of the rents and the performance of any outstanding obligations which may subsist at the date of liquidation, administration or receivership as the case may be and shall if reasonably requested by the Landlords find caution for such payment and performance in an amount acceptable to the Landlords. And it is hereby declared that the Landlords shall deal with any request for consent to assign this Lease made by such liquidator, receiver, administrator or creditor as the case may be in the same manner as if the request had been made by the Tenants.

Irritancy. 7.1 If the Tenants rent herein provided for or any part thereof shall fail to perform at any time be in arrears after the same shall have become due (whether legally demanded or observe not) or if there shall be any breach of any of the material obligations undertaken by them undertakings on the part of the Tenant contained in this Lease the Lease, or if the Tenants (Tenant shall become apparently insolvent, or shall make any arrangement with creditors, or shall suffer any diligence to be levied on the Subjects, or being a corporation) company shall go into liquidation, whether voluntary or compulsory (whether compulsory or voluntary) (save otherwise than a voluntary liquidation of a solvent company for the purpose of amalgamation or reconstruction of a solvent company where such amalgamation or reconstruction has been on terms approved in advance by the Landlords (the Landlords’ approval not to be unreasonably withheld Landlord in writing) or delayed)), or have a winding up order made against them or have suffer a receiver or an administrator appointed or if the Tenants (being a company with unlimited liability) apply to limit their liability or in the event that the Tenants or any of them enter into a composition for the benefit of creditors or shall make any arrangement with their creditorsbe appointed, or shall become insolvent or apparently insolvent or have enter a curator or judicial factor appointed Change of Control without the prior written consent of the Landlord, then and in any of these events such case it shall be in lawful for the power of the Landlords Landlord at any time thereafter by notice in writing to bring this the Lease to an end forthwith without any declarator or process of law to that effect and to remove enter the Tenants from possession of the Subjects, Subjects and repossess and enjoy the same as if this the Lease had not been granted and that granted, but without prejudice to any other right of action or remedy of the Landlords Landlord in respect of the premature termination of the Lease or of any antecedent previous breach of any of the Tenants obligations hereunderundertakings by the Tenant contained in the Lease, and under reservation of all rights and claims competent to the Landlords in terms of this Lease which irritancy is hereby deemed declared to be pactional and not penal and should shall not be purgeable at the barBar. Any such liquidation, receiver, administration, curator or judicial factor shall be referred to herein as a “Relevant Third Party”. 7.2 In Provided (a) that in the case of a material breach, non-observance or non-performance by the Tenants breach which is capable of being remedied, remedied the Landlords Landlord shall not exercise any such option of forfeiture be entitled to terminate the Lease as aforesaid unless and until they it shall first have given written notice of the breach to the Tenants Tenant and any other Relevant Third Party including to every permitted creditor in any then existing standard security or floating charge affecting this the Lease where (provided always that such security creditor, together with any relevant reference number has been notified to the consent Landlord) prescribing a time which in the reasonable opinion of the Landlords as required under this Lease, specifying Landlord is reasonable in the breach, non-observance or non-performance and requiring circumstances (such circumstances not including the same to financial position of the Tenant) within which such breach must be remedied and intimating their intention the Tenant or any such creditor shall have failed to exercise their option of forfeiture and in remedy the event of breach within the said breach, non-observance or non-performance not being remedied within such period as may be stated time prescribed in the notice (being such reasonable period of time as and declaring that where the Landlord shall stipulate in breach is the notice which in the case of failure to pay monies due in terms any sum of the Lease money a reasonable time shall be a period of not less than twenty eight fourteen days and (b) in the case of failure the Tenant going into liquidation or suffering a receiver or an administrator to comply with the Tenants’ development obligations under Clause 5.2 shall be a period of not less than six months from the date of service of the notice) and the Tenants appointed or any Relevant Third Party shall fail to have remedied the same within the period specified in the notice. 7.3 In the case of any such creditor calling up its security the Tenants going into liquidation the Landlords Landlord shall allow the liquidator, administrator or receiver or administrator (as the case may be) and any such creditor as aforesaid a period of six months one year in which to dispose of the Tenants’ Tenant’s interest in this the Lease and shall only be entitled to terminate this the Lease if the liquidator, receiver, administrator or receiver or such creditor as the case may be shall have failed to dispose of the Tenants’ Tenant’s interest at the end of the said period provided always that the liquidator, administrator or receiver or administrator as the case may be or such creditor shall personally accept in written self proving form probative writing and implement full responsibility for payment of the rents (whether due in respect of a the period occurring before, on before or after the date of liquidation or liquidation, administration or receivership as the case may be) and for the performance of or all other obligations of the Tenants Tenant under this the Lease from the date of liquidation or liquidation, administration or receivership as the case may be to the date of disposal or termination of this the Lease including settlement of any arrears of the rents and the performance of any outstanding obligations which may subsist at the date of liquidation, administration or receivership as the case may be and shall if reasonably requested by the Landlords find caution for such payment and performance in an amount acceptable to the Landlordsbe. And it is hereby declared that the Landlords Landlord shall deal with any request for consent to assign this the Lease made by such liquidator, receiver, administrator or receiver or creditor as the case may be in the same manner as if the request had been made by the TenantsTenant.

Irritancy. 7.1 If 5.1.1 Notwithstanding and without prejudice to any other remedies and powers herein contained or otherwise available to the Tenants Landlord if the Rents payable hereunder or any part thereof shall fail to perform be unpaid for 14 days after becoming payable (whether formally demanded or observe not) or if there be any other breach, non-observance or non-performance by the Tenant of any of the material its other obligations undertaken by them in under this Lease or if the Tenants (Tenant for the time being hereunder being a corporation) company shall go enter into liquidation, (liquidation whether compulsory or voluntary) voluntary (save other than a voluntary liquidation of a solvent company for the purpose of amalgamation or reconstruction of reconstruction) or pass a solvent company where such amalgamation resolution for winding up or reconstruction has been approved in advance by the Landlords (the Landlords’ approval not suffer a receiver to be unreasonably withheld or delayed)), appointed or have a winding up an administration order made against them it or have a receiver being an individual or administrator appointed or if the Tenants (being a company with unlimited liability) apply to limit their liability or in the event that the Tenants or more than one individual any one of them enter into a composition for the benefit of creditors or shall make any arrangement with their creditors, or shall become insolvent bankrupt or notour bankrupt or apparently insolvent or have sign a curator trust deed for creditors or judicial factor appointed suffer any diligence to be levied on its, their or his goods then and in any such case the Tenant shall at the sole option of the Landlord forfeit all right and title under these events it presents and if such option of irritancy be exercised this Lease shall become ipso facto null and void and that without the necessity of any declarator process of removal or other process at law and the Premises shall thereupon revert to the Landlord who shall be in entitled to enter the power of the Landlords by notice to bring this Lease to an end forthwith without any declarator or process of law to that effect and to remove the Tenants from possession of the Subjects, Premises and repossess and enjoy the same as if this Lease had not never been granted and that but without prejudice to any other remedy the Landlord’s right of the Landlords action in respect of any antecedent breach of any of the Tenants Tenant’s obligations hereunder, and under reservation of all rights and claims competent to the Landlords herein contained; 5.1.2 Provided always that in terms of this Lease which irritancy is hereby deemed to be pactional and not penal and should not be purgeable at the bar. Any such liquidation, receiver, administration, curator or judicial factor shall be referred to herein as a “Relevant Third Party”. 7.2 In the case of a material breach, non-observance or non-performance by the Tenants Tenant of any of its undertakings contained in this Lease which is capable of being remediedremedied (albeit late), the Landlords Landlord shall not exercise any such option of forfeiture irritancy unless and until they it shall first have given written notice to the Tenants Tenant and to any other Relevant Third Party including every permitted creditor insolvency representative in any then existing standard security or floating charge affecting respect of the Tenant’s interest in this Lease where specifying such security has the consent of the Landlords as required under this Lease, specifying the breach, non-observance or non-performance and requiring the same to be remedied and intimating their its intention to exercise their its option of forfeiture and irritancy in the event of the said breach, non-observance or non-performance not being remedied within such period as may shall be stated in the notice (being such reasonable period of time as the Landlord shall stipulate in the notice as being practicable in all the circumstances, which in the case of failure a breach being the non-payment of rent or any other monetary sum (other than any monetary sum demanded further to pay monies due a schedule of dilapidations issued in accordance with the terms of this Lease), however, shall be specified by the Lease Landlord shall be a period of not less than twenty eight days 14 days) and the Tenant or any insolvency representative shall have failed to remedy the same within said period; and 5.1.3 in the case of failure to comply with the Tenants’ development obligations Tenant being a limited company going into liquidation (other than for the purposes of reconstruction or amalgamation as aforesaid) or having a receiver, administrator or administrative receiver appointed or, in the case of the Tenant being an individual or individuals, having a trustee or curator or judicial factor appointed under Clause 5.2 a trust deed or by order of a Court (each of the said parties being herein called the “Insolvency Representative”) then, and in any such event, the Landlord shall be allow the Insolvency Representative a period of not less than six months from the date of service the appointment of the notice) and the Tenants or any Relevant Third Party shall fail to have remedied the same within the period specified in the notice. 7.3 In the case of the Tenants going into liquidation the Landlords shall allow the liquidator, receiver or administrator (as the case may be) and any such creditor as aforesaid a period of six months Insolvency Representative in which to dispose of the Tenants’ Tenant’s interest in this Lease and shall only be entitled to terminate this Lease exercise its option of irritancy on the grounds of the appointment of the Insolvency Representative if the liquidator, receiver, administrator or such creditor as the case may be Insolvency Representative shall have failed to dispose of the Tenants’ Tenant’s interest at by the end of the said period period, provided always that the liquidator, receiver or administrator as Insolvency Representative shall within 28 days of appointment accept personal liability in terms satisfactory to the case may be or such creditor shall personally accept in written self proving form and implement full responsibility Landlord (acting reasonably) for payment of the rents Rents (whether due in respect of a period occurring before, on before or after the date of liquidation or administration or receivership as the case may beappointment of such Insolvency Representative) and for the performance of all of the other obligations of the Tenants under tenant in terms of this Lease and that from the date of liquidation or administration or receivership as the case may be appointment of such Insolvency Representative to the date of disposal or termination of this Lease irritancy including settlement of any arrears of the rents rent and the performance of any outstanding obligations which may subsist at the date of liquidation, administration or receivership the appointment of such Insolvency Representative and during the said period of six months the Insolvency Representative shall be entitled to the same rights as the case may be and shall if reasonably requested by Tenant hereunder, save for the Landlords find caution for such payment and performance in an amount acceptable to the Landlords. And it is hereby declared that the Landlords shall deal with any request for consent to assign this Lease made by such liquidator, receiver, administrator or creditor as the case may be in the same manner as if the request had been made by the Tenantsprovisions of Clause 5.1.1.

Irritancy. 7.1 15.1 If the rent (if demanded) or any other sums due by the Tenants to the Landlords under this Lease (whether or not the same has been demanded) shall remain unpaid for 21 days after demand or if the Tenants ceases to occupy the Premises or any part thereof for the Permitted use except with the consent of the Landlord or shall fail to perform or observe any of the material obligations undertaken by them in this Lease or if the Tenants (being a corporation) shall go into liquidation, (whether compulsory Services and Finance Agreement or voluntary) (save for the purpose of amalgamation Collections Agreement or reconstruction of a solvent company where such amalgamation or reconstruction has been approved in advance by the Landlords (the Landlords’ approval not to be unreasonably withheld or delayed)), or have a winding up order made against them or have a receiver or administrator appointed Asset Transfer Agreement is terminated or if the Tenants (being a company with unlimited liabilitySCIO ) apply is removed from the Charities Register , is dissolved or otherwise ceases to limit their liability or operate (except in the event that of an amalgamation with or transfer of undertakings to another SCIO with the Tenants prior written consent of the Landlords which consent shall not be unreasonably be withheld ) in accordance with the provisions of the provisions of the Charities and Trustees Investment ( Scotland ) Xxx 0000 ,as amended , the Scottish Charitable Incorporated Organisations Regulations 2011 , the Scottish Charitable Incorporated Organisations ( Removal from the Register and Dissolution Regulations ) 2011 and any other legislation or any of them enter into a composition for Statutory Instrument from time to time in force in relation to SCIOs throughout the benefit of creditors or shall make any arrangement with their creditorsDuration , or shall become insolvent or apparently insolvent or have a curator or judicial factor appointed then and in any of these events it shall be in at the power option of the Landlords by notice to bring this Lease to an end forthwith without any declarator or process of law to that effect and to remove the Tenants from possession of the SubjectsPremises, and repossess and enjoy the same as if this Lease had not been granted granted, provided always that in a case of a breach or non-performance by the Tenants (including the non-payment of rent) which is capable of being remedied albeit late the Landlords will not exercise such option of termination unless and that until it shall first have given under express threat of irritancy, written notice to the Tenants and any creditor under any fixed or floating charge previously intimated to the Landlords requiring the same to be remedied and the Tenants and any such creditor shall have failed to remedy the same within such reasonable period as shall be provided in the notice which in the case of non-payment of rent or other sum of money shall be 21 days only. Further, it shall be lawful for the Landlords to enter into and upon the Premises with full power to hold and dispose thereof as if the Lease had not been entered into without prejudice, however, to the Landlords’ rights and remedies hereunder, at common law or otherwise, which irritancy is hereby declared to be pactional and not penal and not purgeable at the bar. 15.2 Termination of this Lease in pursuance of Clause 12.3 or 15.1 shall be without prejudice to any other remedy of the Landlords in respect of any antecedent breach of any of the Tenants Tenants' obligations hereunder, and such termination shall be under reservation of all rights and claims competent to the Landlords in terms of this Lease which irritancy is hereby deemed to be pactional and not penal and should not be purgeable at the bar. Any such liquidation, receiver, administration, curator or judicial factor shall be referred to herein as a “Relevant Third Party”. 7.2 In the case of a material breach, non-observance or non-performance by the Tenants which is capable of being remedied, the Landlords shall not exercise any such option of forfeiture unless and until they shall first have given written notice to the Tenants and any other Relevant Third Party (including every permitted creditor in any then existing standard security or floating charge affecting this Lease where such security has the consent of the Landlords as required under this Lease, specifying the breach, non-observance or non-performance and requiring the same to be remedied and intimating their intention to exercise their option of forfeiture and in the event of the said breach, non-observance or non-performance not being remedied within such period as may be stated in the notice (being such reasonable period of time as the Landlord shall stipulate in the notice which in the case of failure to pay monies due in terms of the Lease shall be a period of not less than twenty eight days and in the case of failure to comply with the Tenants’ development obligations under Clause 5.2 shall be a period of not less than six months from the date of service of the notice) and the Tenants or any Relevant Third Party shall fail to have remedied the same within the period specified in the notice. 7.3 In the case of the Tenants going into liquidation the Landlords shall allow the liquidator, receiver or administrator (as the case may be) and any such creditor as aforesaid a period of six months in which to dispose of the Tenants’ interest in this Lease and shall only be entitled to terminate this Lease if the liquidator, receiver, administrator or such creditor as the case may be shall have failed to dispose of the Tenants’ interest at the end of the said period provided always that the liquidator, receiver or administrator as the case may be or such creditor shall personally accept in written self proving form and implement full responsibility for payment of the rents (whether due those in respect of a period occurring before, on or after the date of liquidation or administration or receivership as the case may be) rent and for the performance of all other obligations of the Tenants under this Lease from the date of liquidation or administration or receivership as the case may be monies due to the date of disposal or termination of this Lease including settlement of any arrears of the rents removal and the performance of any outstanding obligations which may subsist at the date of liquidation, administration or receivership as the case may be and shall if reasonably requested by the Landlords find caution for such payment and performance in an amount acceptable to the Landlords. And it is hereby declared that the Landlords shall deal with any request for consent to assign this Lease made by such liquidator, receiver, administrator or creditor as the case may be in the same manner as if the request had been made by the Tenantstermination.

Irritancy. 7.1 If Subject to the provisions of sections 4, 5 and 6 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 if the Tenants shall fail to perform or observe any of the material obligations undertaken by them in this Lease or if the Tenants (being a corporation) shall go into liquidation, (whether compulsory or voluntary) (save for the purpose of amalgamation or reconstruction of a solvent company where such amalgamation or reconstruction has been approved in advance by the Landlords (the Landlords’ approval not to be unreasonably withheld or delayed)), or have a winding up order made against them or have a receiver or administrator appointed or if the Tenants (being a company with unlimited liability) apply to limit their liability or in the event that the Tenants or any of them enter into a composition for the benefit of creditors or shall make any arrangement with their creditors, or shall become insolvent or apparently insolvent or have a curator or judicial factor appointed then and in any of these events it shall be in the power of the Landlords by notice to bring this Lease to an end forthwith without any declarator or process of law to that effect and to remove the Tenants from possession of the Subjects, and repossess and enjoy the same as if this Lease had not been granted and that without prejudice to any other remedy of the Landlords in respect of any antecedent breach of any of the Tenants obligations hereunder, and under reservation of all rights and claims competent to the Landlords in terms of this Lease which irritancy is hereby deemed to be pactional and not penal and should not be purgeable at the bar. Any such liquidation, receiver, administration, curator or judicial factor shall be referred to herein as a “Relevant Third Party”. 7.2 In the case of a material breach, non-observance or non-performance by the Tenants which is capable of being remedied, the Landlords shall not exercise any such option of forfeiture irritancy unless and until they shall first have given written notice to the Tenants and any other Relevant Third Party including every permitted creditor in any then existing standard security or floating charge affecting this Lease where such security has the consent of the Landlords as required under this Lease, Creditor and/or Insolvency Practitioner specifying the breach, non-observance or non-performance and requiring the same to be remedied and intimating their intention to exercise their option of forfeiture and irritancy in the event of the said breach, non-observance or non-performance not being remedied within such period as may be stated in the notice (being such reasonable period of time as the Landlord Landlords shall stipulate in the notice which in the case of failure to pay monies due in terms of the Lease shall be a period of not less than twenty eight one days and in the case of failure to comply with the Tenants’ development obligations under Clause 5.2 5 shall be a period of not less than six months from the date of service of the notice) and the Tenants or any Relevant Third Party Creditor and/or Insolvency Practitioner shall fail to have remedied the same within the period specified in the notice. 7.3 In the case of the Tenants going into liquidation event that an Insolvency Practitioner is appointed , the Landlords shall allow the liquidator, receiver or administrator (as the case may be) and any such creditor as aforesaid a period of six months in which to dispose of the Tenants’ interest in this Lease and shall only not be entitled to terminate this Lease if the liquidator, receiver, administrator or such creditor as the case may be shall have failed to dispose of the Tenants’ interest at the end of the said period (provided always that the liquidator, receiver Insolvency Practitioner or administrator as the case may be or such creditor Creditor shall personally accept in written self self-proving form and implement full responsibility for payment of the rents (whether due in respect of a period occurring before, on or after the date of liquidation or administration or receivership as the case may be) and for the performance of all other obligations of the Tenants under this Lease from the date of liquidation or administration or receivership as the case may be to the date of disposal or termination of this Lease including settlement of any arrears of the rents and the performance of any outstanding obligations which may subsist at the date of liquidation, administration or receivership as the case may be and shall if reasonably requested by the Landlords find caution for such payment and performance in an amount acceptable to the Landlords. And it ) until they shall first have given the relevant Insolvency Practitioner a further period of time (in addition to those set out in terms of any notice served under Clause 7.2 hereof) to remedy such breach, declaring that where the breach is hereby declared that the failure to pay any sum of money such additional time shall be a period of not less than 20 Working Days from the date of receipt of such notice and where the breach is in respect of any other obligation such time shall be a further period of not less than 6 months from the date of receipt of the notice. 7.4 The Landlords shall deal with any request for consent to assign this Lease made by such liquidator, receiver, administrator a Creditor or creditor as the case may be an Insolvency Practitioner in the same manner as if the request had been made by the Tenants.

Irritancy. 7.1 If the Tenants rent herein provided for or any part thereof shall fail to perform or observe be unpaid for fourteen days after any of the material obligations undertaken by them in this Lease days appointed for payment thereof (whether demanded or not) or if the Tenants (being a corporation) shall go into liquidation, (whether compulsory or voluntary) (save for the purpose of amalgamation or reconstruction of a solvent company where such amalgamation or reconstruction has been approved in advance by the Landlords (the Landlords’ approval not to be unreasonably withheld or delayed)), or have a winding up order made against them or have a receiver or administrator appointed or if the Tenants (being a company with unlimited liability) apply to limit their liability or in the event that the Tenants or any of them enter into a composition for the benefit of creditors or shall make any arrangement with their creditors, or shall become insolvent or apparently insolvent or have a curator or judicial factor appointed then and in any of these events it there shall be in the power of the Landlords by notice to bring this Lease to an end forthwith without any declarator or process of law to that effect and to remove the Tenants from possession of the Subjects, and repossess and enjoy the same as if this Lease had not been granted and that without prejudice to any other remedy of the Landlords in respect of any antecedent breach of any of the Tenants obligations hereunder, and under reservation of all rights and claims competent to the Landlords in terms of this Lease which irritancy is hereby deemed to be pactional and not penal and should not be purgeable at the bar. Any such liquidation, receiver, administration, curator or judicial factor shall be referred to herein as a “Relevant Third Party”. 7.2 In the case of a material breach, non-observance or non-performance by the Tenants Tenant of any of its other obligations under this Lease or if the Tenant shall become apparently insolvent or be sequestrated or sign a composition for creditors or, being a company, shall go into liquidation or a Receiver or Administrator of the Tenant shall be appointed or if the Tenant shall sign a trust deed for its creditors then and in any such case the Tenant shall at the sole option of the Landlord forfeit all right and title under these presents and if such option of forfeiture be exercised this Lease hereby granted shall become ipso facto null and void and that without the necessity of any declarator, process of removal or other process at law and the Property shall thereupon revert to the Landlord who shall be entitled to enter upon the possession thereof, uplift rents, eject tenants and occupiers and thereafter use, possess and enjoy the same free of all claims by the Tenant as if these presents had never been granted but without prejudice and reserving to the Landlord it rights of action in respect of any antecedent breach of the Tenant's obligations herein contained; which irritancy is hereby declared to be pactional and not penal and shall not be purgeable at the bar. Provided that in the case of a breach, non observance or non performance by the Tenant which is capable of being remedied, the Landlords Landlord shall not exercise any such option of forfeiture unless and until they it shall first have given written notice to the Tenants and any other Relevant Third Party including every permitted creditor in any then existing standard security or floating charge affecting this Lease where such security has the consent of the Landlords as required under this Lease, specifying the breach, non-observance or non-performance and Tenant requiring the same to be remedied and intimating their intention that the Tenant shall have failed to exercise their option of forfeiture and in remedy the event of the said breach, non-observance or non-performance not being remedied same within such period as may be stated in the notice (being such reasonable period of time as the Landlord shall stipulate in the notice prescribe which in the case of failure to pay monies due in terms non payment of the Lease rent shall be a period of not less than twenty eight fourteen days and in the case of failure to comply with the Tenants’ development obligations under Clause 5.2 shall be a period of not less than six months from the date of service of the notice) and the Tenants or any Relevant Third Party shall fail to have remedied the same within the period specified in the noticeonly. 7.3 In the case of the Tenants going into liquidation the Landlords shall allow the liquidator, receiver or administrator (as the case may be) and any such creditor as aforesaid a period of six months in which to dispose of the Tenants’ interest in this Lease and shall only be entitled to terminate this Lease if the liquidator, receiver, administrator or such creditor as the case may be shall have failed to dispose of the Tenants’ interest at the end of the said period provided always that the liquidator, receiver or administrator as the case may be or such creditor shall personally accept in written self proving form and implement full responsibility for payment of the rents (whether due in respect of a period occurring before, on or after the date of liquidation or administration or receivership as the case may be) and for the performance of all other obligations of the Tenants under this Lease from the date of liquidation or administration or receivership as the case may be to the date of disposal or termination of this Lease including settlement of any arrears of the rents and the performance of any outstanding obligations which may subsist at the date of liquidation, administration or receivership as the case may be and shall if reasonably requested by the Landlords find caution for such payment and performance in an amount acceptable to the Landlords. And it is hereby declared that the Landlords shall deal with any request for consent to assign this Lease made by such liquidator, receiver, administrator or creditor as the case may be in the same manner as if the request had been made by the Tenants.

Irritancy. 7.1 10.1.1 If the Tenants Rent or any part thereof or any other payment due to be paid by the Tenant in terms hereof shall fail to perform or observe be unpaid for 28 days after any of the material obligations undertaken by them days appointed for payment thereof whether (in this Lease or if the Tenants (being a corporation) shall go into liquidation, (whether compulsory or voluntary) (save for the purpose of amalgamation or reconstruction of a solvent company where such amalgamation or reconstruction has been approved in advance by the Landlords (the Landlords’ approval not to be unreasonably withheld or delayed)), or have a winding up order made against them or have a receiver or administrator appointed or if the Tenants (being a company with unlimited liability) apply to limit their liability or in the event that the Tenants or any of them enter into a composition for the benefit of creditors or shall make any arrangement with their creditors, or shall become insolvent or apparently insolvent or have a curator or judicial factor appointed then and in any of these events it shall be in the power of the Landlords by notice to bring this Lease to an end forthwith without any declarator or process of law to that effect and to remove the Tenants from possession of the Subjects, and repossess and enjoy the same as if this Lease had not been granted and that without prejudice to any other remedy of the Landlords in respect of any antecedent breach of any of the Tenants obligations hereunder, and under reservation of all rights and claims competent to the Landlords in terms of this Lease which irritancy is hereby deemed to be pactional and not penal and should not be purgeable at the bar. Any such liquidation, receiver, administration, curator or judicial factor shall be referred to herein as a “Relevant Third Party”. 7.2 In the case of a material rent only) the same shall have been lawfully demanded or not or, if there shall be any other breach, non-observance or non-performance by the Tenants Tenant of any of the obligations incumbent on the Tenant under this Lease or, if either the Tenant shall go into liquidation (other than for reconstruction or amalgamation) or a receiver of the Tenant shall be appointed or, if the Tenant shall have an administration order made against it or, in the case of the Tenant not being a corporation or company, if the Tenant shall become apparently insolvent or sign a trust deed for their creditors then, in any such case, the Tenant shall, at the sole option, of the Landlord forfeit all right and title under these presents and, if such option of forfeiture be exercised, the Lease hereby granted shall become ipso facto null and void and that without the necessity of any declarator, process of removal or other process of law and the Property and Landlord’s Retained Land shall thereupon revert to the Landlord who shall be entitled to enter upon the possession thereof, uplift rents, eject tenants and occupiers and thereafter use, possess and enjoy the same free of all claims by the Tenant as if these presents had never been granted but, without prejudice and reserving to the Landlord their right of action in respect of any antecedent breach of the Tenant’s obligations herein contained, which irritancy is hereby declared to be pactional and not penal and shall not be purgeable at the Bar. 10.1.2 Provided that, in the case of a breach, non-observance or non-performance by the Tenant which is capable of being remedied, the Landlords Landlord shall not exercise any such option of forfeiture unless and until they shall first the Landlord shall, first, have given written notice to the Tenants Tenant and any other Relevant Third Party including to every permitted creditor in any then existing standard security or floating charge affecting this Lease where such security (which has been notified to the consent Landlord) specifying the nature of the Landlords as required under this Lease, specifying the breach, non-observance or non-performance default and requiring the same to be remedied and intimating their intention the Tenant or any such creditor shall have failed to exercise their option of forfeiture and in remedy the event of the said breach, non-observance or non-performance not being remedied same within such period as may be stated in the notice (being such reasonable period of time as the Landlord shall stipulate prescribe in the such notice which which, in the case of failure to pay monies due in terms of the Lease any monetary payment, shall be a period of not less than twenty eight days only. 10.1.3 The Landlord shall not exercise the Landlord’s rights to terminate this Lease on the grounds of the Tenant’s liquidation or receivership or administration or suffering a permanent trustee to be appointed or becoming insolvent or apparently insolvent unless and in until the case of failure to comply with Landlord shall first have given any such security holder as aforesaid or interim or permanent trustee or receiver or administrator or liquidator (the Tenants’ development obligations under Clause 5.2 shall be “Relevant Party”) a period of not less than six months from the date of service of the notice) and the Tenants or any Relevant Third Party shall fail to have remedied the same one year within the period specified in the notice. 7.3 In the case of the Tenants going into liquidation the Landlords shall allow the liquidator, receiver or administrator (as the case may be) and any such creditor as aforesaid a period of six months in which to dispose of the Tenants’ Tenant’s interest in this Lease and shall only be entitled to terminate this Lease if the liquidator, receiver, administrator or such creditor as the case may be Relevant Party shall have failed to dispose of the Tenants’ Tenant’s interest at the end of the said period period, provided always that the liquidator, receiver or administrator as the case may be or such creditor Relevant Party shall within twenty eight days of his appointment personally accept in written self proving form and implement writing full responsibility for payment of the rents rent (whether due in respect of a the period occurring before, on before or after the date of liquidation sequestration, liquidation, receivership or administration or receivership as the case may be) and for the performance of all other obligations of the Tenants Tenant under this Lease from the date of liquidation sequestration, liquidation, receivership or administration or receivership as the case may be to the date of disposal or termination the expiry of this Lease the said period of one year, whichever is the earlier, including settlement of any arrears of the rents rent and the performance of any outstanding obligations which may subsist at the date of sequestration, liquidation, receivership or administration or receivership as the case may be be; and shall if reasonably requested by the Landlords find caution for such payment and performance in an amount acceptable to the Landlords. And it is hereby declared that the Landlords Landlord shall deal with any request for consent to assign this Lease made by such liquidator, receiver, administrator or creditor as the case may be Relevant Party in the same manner as if the request had been made by the TenantsTenant (subject always to Clause 9.1).

Irritancy. 7.1 If Subject always to the Tenants provisions of Sections 4 or 5 of the Law Reform (Miscellaneous Provisions) (Scotland) Xxx 0000, if at any time during the currency of this Lease: (a) the rents (or any of them or any part thereof) shall fail to perform be in arrear and unpaid for 14 days after becoming payable, or (b) there shall be any breach, non-performance or observe non-observance by the Tenant of any of the material obligations undertaken by them and conditions contained in this Lease Lease; or (c) the Tenant (being an individual or if firm) grants a trust deed for creditors or becomes apparently insolvent within the Tenants meaning of the Bankruptcy (Scotland) Xxx 0000 or (being a corporationcompany) shall go enters into liquidation, (liquidation whether compulsory or voluntary) voluntary (save for the purpose of amalgamation or reconstruction of a solvent company where such amalgamation company) or reconstruction has been approved in advance by the Landlords (the Landlords’ approval not to be unreasonably withheld or delayed)), or have a winding up order made against them or have a receiver or administrator appointed or if makes a proposal for a voluntary arrangement within the Tenants meaning of the Insolvency Act 1986 (being a company with unlimited liabilityin either case) apply suffers any diligence to limit their liability be done or in the event that the Tenants or any of them enter into a composition for the benefit of creditors or shall make any arrangement with their creditors, or shall become insolvent or apparently insolvent or have a curator or judicial factor appointed execution to be levied on his goods then and in any of these events the said cases, the Landlord shall be entitled forthwith to terminate this Lease and treat this Lease and all transmissions thereof with all that has followed or can competently follow thereon as void and null and that without the necessity of any declarator, process of removal, or other procedure at law and the Fishings shall thereupon revert to the Landlord and it shall be lawful for the Landlord or any person or persons duly authorised by the Landlord in that behalf to enter upon the power of the Landlords by notice to bring this Lease to an end forthwith without any declarator or process of law to that effect and to remove the Tenants from possession of the SubjectsFishings or any part thereof in name of the whole and to uplift rents, eject permit holders or others authorised by the Tenant and repossess thereafter use, possess and enjoy the same free of all claims by the Tenant as if this Lease had not never been granted and that without prejudice to any other right of action or remedy of the Landlords Tenant in respect of the premature termination of this Lease or of any antecedent breach by the Landlord of any of the Tenants obligations hereunder, and under reservation of all rights and claims competent to the Landlords conditions contained in terms of this Lease which irritancy is hereby deemed declared to be pactional and not penal and should shall not be purgeable at the bar. Any such liquidation, receiver, administration, curator or judicial factor shall be referred to herein as a “Relevant Third Party”. 7.2 In Bar; Provided (a) that in the case of a material breach, non-observance or non-performance by the Tenants breach which is capable of being remedied, remedied the Landlords Landlord shall not exercise any such option of forfeiture be entitled to terminate this Lease as aforesaid unless and until they shall first have given written notice of the breach to the Tenants and any other Relevant Third Party including every permitted creditor Tenant prescribing a time which in any then existing standard security or floating charge affecting this Lease where such security has the consent opinion of the Landlords as required under this Lease, specifying Landlord is reasonable in the breach, non-observance or non-performance and requiring circumstances (such circumstances not including the same to financial position of the Tenant) within which such breach must be remedied and intimating their intention the Tenant shall have failed to exercise their option of forfeiture and in remedy the event of breach within the said breach, non-observance or non-performance not being remedied within such period as may be stated time prescribed in the notice (declaring that the conviction of the Tenant of poaching or taking fish by illegal means shall not be deemed to be a breach hereof which is capable of being remedied as aforesaid and upon such reasonable period of time as a conviction this Lease shall be terminated forthwith upon notice being given) and declaring that where the Landlord shall stipulate in breach is the notice which in the case of failure to pay monies due in terms any sum of the Lease money, a reasonable time shall be a period of not less than twenty eight 14 days and (b) in the case of failure to comply with the Tenants’ development obligations under Clause 5.2 shall be a period of not less than six months from the date of service of the notice) and the Tenants or any Relevant Third Party shall fail to have remedied the same within the period specified in the notice. 7.3 In the case of the Tenants Tenant going into liquidation or suffering a receiver or administrator to be appointed the Landlords Landlord shall allow the liquidator, receiver or administrator (as the case may be) and any such creditor as aforesaid a period of six months one year in which to dispose of the Tenants’ Tenant’s interest in this Lease and shall only be entitled to terminate this Lease if the liquidator, receiver, receiver or administrator or such creditor as the case may be shall have failed to dispose of the Tenants’ Tenant’s interest at the end of the said period provided always that the liquidator, receiver or administrator as the case may be or such creditor shall personally accept in written self proving form probative writing and implement full responsibility for payment of the rents (whether due in respect of a period occurring before, on before or after the date of liquidation or administration or receivership as the case may be) and for the performance of all other obligations of the Tenants Tenant under this Lease from the date of liquidation or administration or receivership as the case may be to the date of disposal or termination of this Lease including settlement of any arrears of the rents and the performance of any outstanding obligations which may subsist at the date of liquidation, administration or receivership as the case may be and shall if reasonably requested by the Landlords Landlord find caution for such payment and performance in an amount acceptable to the LandlordsLandlord. And it is hereby declared that the Landlords Landlord shall deal with any request for consent to assign this Lease made by such liquidator, receiver, receiver or administrator or creditor as the case may be in the same manner as if the request had been made by the TenantsTenant.

Irritancy. 7.1 If 5.1.1 Notwithstanding and without prejudice to any other remedies and powers herein contained or otherwise available to the Tenants Landlord if the Rents payable hereunder or any part thereof shall fail to perform be unpaid for 14 days after becoming payable (whether formally demanded or observe not) or if there be any other breach, non-observance or non-performance by the Tenant of any of the material its other obligations undertaken by them in under this Lease or if the Tenants (Tenant for the time being hereunder being a corporation) company shall go enter into liquidation, (liquidation whether compulsory or voluntary) voluntary (save other than a voluntary liquidation of a solvent company for the purpose of amalgamation or reconstruction of reconstruction) or pass a solvent company where such amalgamation resolution for winding up or reconstruction has been approved in advance by the Landlords (the Landlords’ approval not suffer a receiver to be unreasonably withheld or delayed)), appointed or have a winding up an administration order made against them it or have a receiver being an individual or administrator appointed or if the Tenants (being a company with unlimited liability) apply to limit their liability or in the event that the Tenants or more than one individual any one of them enter into a composition for the benefit of creditors or shall make any arrangement with their creditors, or shall become insolvent bankrupt or notour bankrupt or apparently insolvent or have sign a curator trust deed for creditors or judicial factor appointed suffer any diligence to be levied on its, their or his goods then and in any such case the Tenant shall at the sole option of the Landlord forfeit all right and title under these events it presents and if such option of irritancy be exercised this Lease shall become ipso facto null and void and that without the necessity of any declarator process of removal or other process at law and the Premises shall thereupon revert to the Landlord who shall be in entitled to enter the power of the Landlords by notice to bring this Lease to an end forthwith without any declarator or process of law to that effect and to remove the Tenants from possession of the Subjects, Premises and repossess and enjoy the same as if this Lease had not never been granted and that but without prejudice to any other remedy the Landlord’s right of the Landlords action in respect of any antecedent breach of any of the Tenants Tenant’s obligations hereunder, and under reservation of all rights and claims competent to the Landlords herein contained; 5.1.2 Provided always that in terms of this Lease which irritancy is hereby deemed to be pactional and not penal and should not be purgeable at the bar. Any such liquidation, receiver, administration, curator or judicial factor shall be referred to herein as a “Relevant Third Party”. 7.2 In the case of a material breach, non-observance or non-performance by the Tenants Tenant of any of its undertakings contained in this Lease which is capable of being remediedremedied (albeit late), the Landlords Landlord shall not exercise any such option of forfeiture irritancy unless and until they it shall first have given written notice to the Tenants Tenant and to any other Relevant Third Party including every permitted creditor insolvency representative in any then existing standard security or floating charge affecting respect of the Tenant's interest in this Lease where specifying such security has the consent of the Landlords as required under this Lease, specifying the breach, non-observance or non-performance and requiring the same to be remedied and intimating their its intention to exercise their its option of forfeiture and irritancy in the event of the said breach, non-observance or non-performance not being remedied within such period as may shall be stated in the notice (being such reasonable period of time as the Landlord shall stipulate in the notice as being practicable in all the circumstances, which in the case of failure a breach being the non-payment of rent or any other monetary sum (other than any monetary sum demanded further to pay monies due a schedule of dilapidations issued in accordance with the terms of this Lease), however, shall be specified by the Lease Landlord shall be a period of not less than twenty eight days 14 days) and the Tenant or any insolvency representative shall have failed to remedy the same within said period; and 5.1.3 in the case of failure to comply with the Tenants’ development obligations Tenant being a limited company going into liquidation (other than for the purposes of reconstruction or amalgamation as aforesaid) or having a receiver, administrator or administrative receiver appointed or, in the case of the Tenant being an individual or individuals, having a trustee or curator or judicial factor appointed under Clause 5.2 a trust deed or by order of a Court (each of the said parties being herein called the “Insolvency Representative”) then, and in any such event, the Landlord shall be allow the Insolvency Representative a period of not less than six months from the date of service the appointment of the notice) and the Tenants or any Relevant Third Party shall fail to have remedied the same within the period specified in the notice. 7.3 In the case of the Tenants going into liquidation the Landlords shall allow the liquidator, receiver or administrator (as the case may be) and any such creditor as aforesaid a period of six months Insolvency Representative in which to dispose of the Tenants’ Tenant’s interest in this Lease and shall only be entitled to terminate this Lease exercise its option of irritancy on the grounds of the appointment of the Insolvency Representative if the liquidator, receiver, administrator or such creditor as the case may be Insolvency Representative shall have failed to dispose of the Tenants’ Tenant's interest at by the end of the said period period, provided always that the liquidator, receiver or administrator as Insolvency Representative shall within 28 days of appointment accept personal liability in terms satisfactory to the case may be or such creditor shall personally accept in written self proving form and implement full responsibility Landlord (acting reasonably) for payment of the rents Rents (whether due in respect of a period occurring before, on before or after the date of liquidation or administration or receivership as the case may beappointment of such Insolvency Representative) and for the performance of all of the other obligations of the Tenants under tenant in terms of this Lease and that from the date of liquidation or administration or receivership as the case may be appointment of such Insolvency Representative to the date of disposal or termination of this Lease irritancy including settlement of any arrears of the rents rent and the performance of any outstanding obligations which may subsist at the date of liquidation, administration or receivership the appointment of such Insolvency Representative and during the said period of six months the Insolvency Representative shall be entitled to the same rights as the case may be and shall if reasonably requested by Tenant hereunder, save for the Landlords find caution for such payment and performance in an amount acceptable to the Landlords. And it is hereby declared that the Landlords shall deal with any request for consent to assign this Lease made by such liquidator, receiver, administrator or creditor as the case may be in the same manner as if the request had been made by the Tenantsprovisions of Clause 5.1.1.

Irritancy. 7.1 1. If the Tenants rent or any part thereof or any other payment due to be paid by the Tenant in terms hereof shall fail to perform or observe be unpaid for 28 days after any of the material obligations undertaken by them days appointed for payment thereof whether (in this Lease or if the Tenants (being a corporation) shall go into liquidation, (whether compulsory or voluntary) (save for the purpose of amalgamation or reconstruction of a solvent company where such amalgamation or reconstruction has been approved in advance by the Landlords (the Landlords’ approval not to be unreasonably withheld or delayed)), or have a winding up order made against them or have a receiver or administrator appointed or if the Tenants (being a company with unlimited liability) apply to limit their liability or in the event that the Tenants or any of them enter into a composition for the benefit of creditors or shall make any arrangement with their creditors, or shall become insolvent or apparently insolvent or have a curator or judicial factor appointed then and in any of these events it shall be in the power of the Landlords by notice to bring this Lease to an end forthwith without any declarator or process of law to that effect and to remove the Tenants from possession of the Subjects, and repossess and enjoy the same as if this Lease had not been granted and that without prejudice to any other remedy of the Landlords in respect of any antecedent breach of any of the Tenants obligations hereunder, and under reservation of all rights and claims competent to the Landlords in terms of this Lease which irritancy is hereby deemed to be pactional and not penal and should not be purgeable at the bar. Any such liquidation, receiver, administration, curator or judicial factor shall be referred to herein as a “Relevant Third Party”. 7.2 In the case of a material rent only) the same shall have been lawfully demanded or not or if there shall be any other breach, non-observance or non-performance by the Tenants Tenant of any of the obligations incumbent on the Tenant under this Lease or if either the Tenant shall go into liquidation (other than for reconstruction or amalgamation) or a receiver of the Tenant shall be appointed or if the Tenant shall have an administration order made against it or in the case of the Tenant not being a corporation or company if the Tenant shall become apparently insolvent or sign a trust deed for their creditors then in any such case the Tenant shall at the sole option of the Landlord forfeit all right and title under these presents and if such option of forfeiture be exercised the Lease hereby granted shall become ipso facto null and void and that without the necessity of any declarator, process of removal or other process of law and the premises shall thereupon revert to the Landlord who shall be entitled to enter upon the possession thereof, uplift rents, eject tenants and occupiers and thereafter use, possess and enjoy the same free of all claims by the Tenant as if these presents had never been granted but without prejudice and reserving to the Landlord their right of action in respect of any antecedent breach of the Tenant’s obligations herein contained which irritancy is hereby declared to be pactional and not penal and shall not be purgeable at the Bar. 2. Provided that in the case of a breach, non-observance or non-performance by the Tenant which is capable of being remedied, remedied the Landlords Landlord shall not exercise any such option of forfeiture unless and until they the Landlord shall first have given written notice to the Tenants Tenant and any other Relevant Third Party including to every permitted creditor in any then existing standard security or floating charge affecting this Lease where such security (which has been notified to the consent Landlord) specifying the nature of the Landlords as required under this Lease, specifying the breach, non-observance or non-performance default and requiring the same to be remedied and intimating their intention the Tenant or any such creditor shall have failed to exercise their option of forfeiture and in remedy the event of the said breach, non-observance or non-performance not being remedied same within such period as may be stated in the notice (being such reasonable period of time as the Landlord shall stipulate prescribe in the such notice which in the case of failure to pay monies due in terms of the Lease any monetary payment shall be a period of not less than twenty eight days only. 3. The Landlord shall not exercise the Landlord’s rights to terminate this Lease on the grounds of the Tenant’s liquidation or receivership or administration or suffering a permanent trustee to be appointed or becoming insolvent or apparently insolvent unless and in until the case of failure to comply with Landlord shall first have given any such security holder as aforesaid or interim or permanent trustee or receiver or administrator or liquidator (the Tenants’ development obligations under Clause 5.2 shall be “Relevant Party”) a period of not less than six months from the date of service of the notice) and the Tenants or any Relevant Third Party shall fail to have remedied the same one year within the period specified in the notice. 7.3 In the case of the Tenants going into liquidation the Landlords shall allow the liquidator, receiver or administrator (as the case may be) and any such creditor as aforesaid a period of six months in which to dispose of the Tenants’ Tenant’s interest in this Lease and shall only be entitled to terminate this Lease if the liquidator, receiver, administrator or such creditor as the case may be Relevant Party shall have failed to dispose of the Tenants’ Tenant’s interest at the end of the said period provided always that the liquidator, receiver or administrator as the case may be or such creditor Relevant Party shall within twenty eight days of his appointment personally accept in written self proving form and implement writing full responsibility for payment of the rents rent (whether due in respect of a the period occurring before, on before or after the date of liquidation sequestration, liquidation, receivership or administration or receivership as the case may be) and for the performance of all other obligations of the Tenants Tenant under this Lease from the date of liquidation sequestration, liquidation, receivership or administration or receivership as the case may be to the date of disposal or termination the expiry of this Lease the said period of one year, whichever is the earlier, including settlement of any arrears of the rents rent and the performance of any outstanding obligations which may subsist at the date of sequestration, liquidation, receivership or administration or receivership as the case may be be; and shall if reasonably requested by the Landlords find caution for such payment and performance in an amount acceptable to the Landlords. And it It is hereby declared that the Landlords Landlord shall deal with any request for consent to assign this Lease made by such liquidator, receiver, administrator or creditor as the case may be Relevant Party in the same manner as if the request had been made by the TenantsTenant (subject always to Clause 8.1).

Irritancy. 7.1 If Subject to the Tenants provisions of Sections 4, 5 and 6 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 0000 xx the rent herein provided for or any part thereof or any other sum due under this Lease shall fail to perform at any time be in arrears for fourteen days after the due date for payment (whether demanded or observe not) or if there shall be any breach of any of the material obligations undertaken by them undertakings on the part of the Tenant contained in this Lease or if the Tenants (Tenant shall become apparently insolvent or shall make any arrangement with creditors or shall suffer any diligence to be levied on the Premises or the contents thereof or if the Tenant being a corporation) company shall go into liquidation, liquidation whether voluntary or compulsory (whether compulsory or voluntary) (save otherwise than a voluntary liquidation of a solvent company for the purpose of amalgamation or reconstruction of reconstruction) or suffer a solvent company where such amalgamation Receiver or reconstruction has been approved in advance by the Landlords (the Landlords’ approval not Administrator to be unreasonably withheld or delayed)), or have a winding up order made against them or have a receiver or administrator appointed or if the Tenants (being a company with unlimited liability) apply to limit their liability or in the event that the Tenants or any of them enter into a composition for the benefit of creditors or shall make any arrangement with their creditors, or shall become insolvent or apparently insolvent or have a curator or judicial factor appointed then and in any of these events such case it shall be in lawful for the power of the Landlords Landlord at any time thereafter by notice in writing to bring this Lease to an end forthwith without any declarator or process of law to that effect and to remove enter the Tenants from possession of the Subjects, Premises and repossess and enjoy the same as if this Lease had not been granted and that but without prejudice to any other right of action or remedy of the Landlords Landlord in respect of any antecedent previous breach of any of the Tenants obligations hereunder, and under reservation of all rights and claims competent to undertakings by the Landlords Tenant contained in terms of this Lease which irritancy is hereby deemed to be pactional and not penal and should not be purgeable at the barLease. Any such liquidation, receiver, administration, curator or judicial factor shall be referred to herein as a “Relevant Third Party”. 7.2 In PROVIDED THAT (a) in the case of a material breach, non-observance or non-performance by the Tenants breach which is capable of being remedied, remedied (albeit late) the Landlords Landlord shall not exercise any such option of forfeiture be entitled to terminate this Lease as aforesaid unless and until they the Landlord shall first have given written notice in writing of the breach to the Tenants and any other Relevant Third Party including every permitted creditor Tenant prescribing a time which in any then existing standard security or floating charge affecting this Lease where such security has the consent opinion of the Landlords as required under this Lease, specifying Landlord is reasonable in the breach, non-observance or non-performance and requiring circumstances (such circumstances not including the same to financial position of the Tenant) within which such breach must be remedied and intimating their intention the Tenant shall have failed to exercise their option of forfeiture and in remedy the event of breach within the said breach, non-observance or non-performance not being remedied within such period as may be stated time prescribed in the notice (being such reasonable period of time as and declaring that where the Landlord shall stipulate in the notice which in the case of breach is a failure to pay monies due in terms any sum of the Lease money, a reasonable time shall be a period of not less than twenty eight fourteen days and (b) in the case of failure to comply with the Tenants’ development obligations under Clause 5.2 shall be a period of not less than six months from the date of service of the notice) and the Tenants or any Relevant Third Party shall fail to have remedied the same within the period specified in the notice. 7.3 In the case of the Tenants Tenant going into liquidation (other than for the Landlords purpose of re-construction or amalgamation as aforesaid) or having an Administrator or Receiver appointed (or being an individual or firm becoming apparently insolvent or signing a trust deed for creditors) then the Landlord shall allow the liquidator, liquidator or receiver or administrator (or trustee for creditors, as the case may be) and any such creditor as aforesaid , a period of six months or such shorter period as may be requested by the administrator, receiver, liquidator, trustee for creditors as aforesaid in which to dispose of the Tenants’ Tenant's interest in this Lease and the Landlord shall only be entitled to terminate this Lease exercise its right of irritancy on such grounds of administration, receivership, liquidation or insolvency or others as aforesaid but without prejudice to the Landlord's right to irritate on any other ground if the liquidator, receiver, liquidator or receiver or administrator or such creditor trustee for creditors as aforesaid, as the case may be be, shall have failed to dispose of the Tenants’ Tenant's interest at in this Lease by the end of the said period provided always further that the liquidator, liquidator or receiver or administrator as the case may be or such creditor shall personally accept in written self proving form and implement full responsibility trustee for payment of the rents (whether due in respect of a period occurring beforecreditors, on or after the date of liquidation or administration or receivership as the case may be) and , shall have first personally accepted in writing in self proving form within two weeks of his appointment liability for the performance of all other the obligations (monetary and non-monetary) of the Tenants Tenant under this Lease from the date of liquidation or administration or receivership as the case may be to his appointment until the date of disposal or termination expiry of this Lease including settlement of any arrears such six month (or shorter) period or forfeiture or surrender to the Landlord of the rents and Tenant's interest hereunder whichever is the earlier (including the performance or remedying of any outstanding obligations monetary or non monetary which may subsist at the date of liquidation, administration liquidation or receivership or insolvency as the case may be and shall if reasonably requested by the Landlords find caution for such payment and performance in an amount acceptable to the Landlordsbe). And it is hereby declared that the Landlords Landlord shall deal with any request for consent to assign this Lease made by such liquidator, receiver, administrator or creditor administrator, trustee for creditors, as aforesaid as the case may be in the same manner as if the request had been made by the TenantsTenant.