Common use of Irritancy Clause in Contracts

Irritancy. 7.1 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.

Irritancy. 7.1 Subject 1. If the rent or any part thereof or any other payment due to be paid by the provisions of sections 4, 5 and 6 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 if the Tenants Tenant in terms hereof shall fail to perform or observe be unpaid for 28 days after any of the material days appointed for payment thereof whether (in the case of 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 Tenant of any of the obligations undertaken by them in incumbent on the Tenant under this Lease or if either the Tenants (being a corporation) Tenant shall go into liquidation, liquidation (whether compulsory other than for reconstruction or voluntaryamalgamation) (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 of the Tenant shall be appointed or if the Tenants (being a company with unlimited liability) apply to limit their liability Tenant shall have an administration order made against it or in the event that case of the Tenants Tenant not being a corporation or any of them enter into a composition for company if the benefit of creditors or shall make any arrangement with their creditors, or Tenant shall become insolvent or apparently insolvent or have sign a curator or judicial factor appointed trust deed for their creditors then and in any of these events it such case the Tenant shall be in at the power sole option of the Landlords by notice to bring this Landlord forfeit all right and title under these presents and if such option of forfeiture be exercised the Lease to an end forthwith hereby granted shall become ipso facto null and void and that without the necessity of any declarator declarator, process of removal or other process of law and the premises shall thereupon revert to that effect the Landlord who shall be entitled to enter upon the possession thereof, uplift rents, eject tenants and to remove the Tenants from possession of the Subjectsoccupiers and thereafter use, and repossess possess and enjoy the same free of all claims by the Tenant as if this Lease these presents had not never been granted and that but without prejudice and reserving to any other remedy the Landlord their 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 in terms of this Lease herein contained which irritancy is hereby deemed declared to be pactional and not penal and should shall not be purgeable at the barBar.

Irritancy. 7.1 Subject to If the provisions of sections 4, 5 and 6 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 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 days appointed for payment thereof (whether demanded or not) or if there shall be any other breach, non-observance or non-performance by the Tenant of any of its other obligations undertaken by them in under this Lease or if the Tenants (Tenant shall become apparently insolvent or be sequestrated or sign a composition for creditors or, being a corporation) company, shall go into liquidation, (whether compulsory liquidation or voluntary) (save for a Receiver or Administrator of 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 Tenant shall 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 Tenant shall sign 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 trust deed for the benefit of its 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 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 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 in entitled 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 possession thereof, uplift rents, eject tenants and to remove the Tenants from possession of the Subjectsoccupiers and thereafter use, and repossess possess and enjoy the same free of all claims by the Tenant as if this Lease these presents had not never been granted and that but without prejudice and reserving to any other remedy the Landlord it rights 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 in terms of this Lease herein contained; which irritancy is hereby deemed declared to be pactional and not penal and should 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 Landlord shall not exercise such option of forfeiture unless and until it shall first have given written notice to the Tenant requiring the same to be remedied and that the Tenant shall have failed to remedy the same within such reasonable time as the Landlord shall prescribe which in the case of non payment of rent shall be a period of fourteen days only.

Irritancy. 7.1 Subject to 9. If the provisions rent herein provided for or any part thereof shall at any time be in arrears after the same shall have become due (whether legally demanded or not) or if there shall be any breach 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 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 bar.Bar. Provided (a) that in the case of a breach which is capable of being remedied the Landlord shall not be entitled to terminate the Lease as aforesaid unless and until it shall first have given notice of the breach to the Tenant and to every creditor in any then existing standard security or floating charge affecting the Lease (provided always that such creditor, together with any relevant reference number has been notified to the Landlord) prescribing a time which in the reasonable opinion of the Landlord is reasonable in the circumstances (such circumstances not including the financial position of the Tenant) within which such breach must be remedied and the Tenant or any such creditor shall have failed to remedy the breach within the time prescribed in the notice and declaring that where the breach is the failure to pay any sum of money a reasonable time shall be a period of not less than fourteen days and (b) in the case of the Tenant going into liquidation or suffering a receiver or an administrator to be appointed or in the case of any such creditor calling up its security the Landlord shall allow the liquidator, administrator or receiver (as the case may be) and any such creditor as aforesaid a period of one year in which to dispose of the Tenant’s interest in the Lease and shall only be entitled to terminate the Lease if the liquidator, administrator or receiver or such creditor as the case may be shall have failed to dispose of the Tenant’s interest at the end of the said period provided always that the liquidator, administrator or receiver as the case may be or such creditor shall personally accept in probative writing and implement full responsibility for payment of the rents (whether due in respect of the period occurring before or after the date of liquidation, administration or receivership as the case may be) and for the performance or all other obligations of the Tenant under the Lease from the date of liquidation, administration or receivership as the case may be to the date of disposal or termination of 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 it is hereby declared that the Landlord shall deal with any request for consent to assign the Lease made by such liquidator, administrator or receiver or creditor as the case may be in the same manner as if the request had been made by the Tenant. Arbitration

Irritancy. 7.1 6.1 Subject to the provisions of sections Sections 4, 5 and 6 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 0000 xx the rent herein provided for or any part thereof or any other sum due under this Lease shall at any time be in arrears for fourteen days after the due date for payment (whether demanded or not) or if the Tenants there shall fail to perform or observe 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 hereunderundertakings by the Tenant contained in this Lease. PROVIDED THAT (a) in the case of a breach which is capable of being remedied (albeit late) the Landlord shall not be entitled to terminate this Lease as aforesaid unless the Landlord shall first have given notice in writing of the breach to the Tenant prescribing a time which in the opinion of the Landlord is reasonable in the circumstances (such circumstances not including the financial position of the Tenant) within which such breach must be remedied and the Tenant shall have failed to remedy the breach within the time prescribed in the notice and declaring that where the breach is a failure to pay any sum of money, a reasonable time shall be a period of not less than fourteen days and under reservation (b) in the case of the Tenant going into liquidation (other than for the 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 or receiver or administrator or trustee for creditors, as the case may be, 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 Tenant's interest in this Lease and the Landlord shall only be entitled to 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 or receiver or administrator or trustee for creditors as aforesaid, as the case may be, shall have failed to dispose of the Tenant's interest in this Lease by the end of the said period provided further that the liquidator or receiver or administrator or trustee for creditors, as the case may be, shall have first personally accepted in writing in self proving form within two weeks of his appointment liability for performance of all rights the obligations (monetary and claims competent non-monetary) of the Tenant under this Lease from the date of his appointment until the date of disposal or expiry of such six month (or shorter) period or forfeiture or surrender to the Landlords in terms Landlord of the 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 or receivership or insolvency as the case may be). And it is hereby declared that the Landlord shall deal with any request for consent to assign this Lease which irritancy is hereby deemed to made by such liquidator, receiver, administrator, trustee for creditors, as aforesaid as the case may be pactional and not penal and should not be purgeable at in the barsame manner as if the request had been made by the Tenant.

Irritancy. 7.1 Subject 10.1.1 If the Rent or any part thereof or any other payment due to be paid by the provisions of sections 4, 5 and 6 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 if the Tenants Tenant in terms hereof shall fail to perform or observe be unpaid for 28 days after any of the material days appointed for payment thereof whether (in the case of 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 Tenant of any of the obligations undertaken by them in incumbent on the Tenant under this Lease or or, if either the Tenants (being a corporation) Tenant shall go into liquidationliquidation (other than for reconstruction or amalgamation) or a receiver of the Tenant shall be appointed or, (whether compulsory or voluntary) (save for if 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 Tenant shall have a winding up an administration order made against them it or, in the case of the Tenant not being a corporation or have a receiver or administrator appointed or company, 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 Tenant shall become insolvent or apparently insolvent or have sign a curator or judicial factor appointed then and trust deed for their creditors then, in any of these events it shall be in such case, the power Tenant shall, at the sole option, of the Landlords by notice to bring this Landlord forfeit all right and title under these presents and, if such option of forfeiture be exercised, the Lease to an end forthwith hereby granted shall become ipso facto null and void and that without the necessity of any declarator declarator, process of removal or other process of law and the Property and Landlord’s Retained Land shall thereupon revert to that effect the Landlord who shall be entitled to enter upon the possession thereof, uplift rents, eject tenants and to remove the Tenants from possession of the Subjectsoccupiers and thereafter use, and repossess possess and enjoy the same free of all claims by the Tenant as if this Lease these presents had not never been granted and that but, without prejudice and reserving to any other remedy the Landlord their right of the Landlords action in respect of any antecedent breach of any of the Tenants Tenant’s obligations hereunderherein contained, 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.

Irritancy. 7.1 Subject 15.1 If the rent (if demanded) or any other sums due by the Tenants to the provisions of sections 4, 5 and 6 of Landlords under this Lease (whether or not the Law Reform (Miscellaneous Provisionssame has been demanded) (Scotland) Act 1985 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 and granted, provided always that without prejudice to any other remedy 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 in respect will not exercise such option of any antecedent breach termination unless and until it shall first have given under express threat of any of irritancy, written notice to the Tenants obligations hereunder, and any creditor under reservation of all rights and claims competent 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 terms the notice which in the case of this 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 deemed declared to be pactional and not penal and should not be purgeable at the bar.