LAND ISSUES AND THE SITE Sample Clauses

LAND ISSUES AND THE SITE. 6.1 Licence5 5 The Landlord and Tenant (Amendment) Xxx 0000 (the "1980 Act") gives rise to the possibility of a PPP Co. which is granted a lease by an Authority acquiring statutory rights after five years’ continuous occupation and therefore being entitled to a renewal of a lease granted to him or to compensation in lieu of a new lease. The 1980 Act would not apply in this way to a licence but there is the possibility that even if a licence is granted, the courts might construe the relationship between the local authority and PPP Co. as having the characteristics of a lease and may therefore grant a renewal of the terms of the "lease" to PPP Co at the end of the operation period. In other words, it is the existence of a particular relationship with certain characteristics that determines the existence of a lease as opposed to any formal grant of a lease. Irish case law on the lease/licence distinction and the key elements that distinguish a lease is not entirely satisfactory. Irish Shell and B.P. Limited v Xxxx Xxxxxxxx [1981] ILRM 66 remains the sole Supreme Court case on the lease/licence distinction but it is a confusing and inconsistent judgement. Xxxxxxx J in the Supreme Court held the agreement to be a lease despite the fact that it was expressly described as a licence agreement. Xxxxxxx X stated that:- "Whether the transaction is a licence or a tenancy does not depend on the label which is put on it. It depends on the nature of the transaction itself". However, in subsequent dicta, Xxxxxxx X also placed importance on the intention of the parties, quoting from Lord Xxxxxxx in Shell-Mex v Manchester Garages as follows:- "One must look at the transaction as a whole and whether there are any indications that one finds in the terms of the contract between the two parties to find out whether in fact it is intended to create a relationship of landlord and tenant or that of licensor and licensee".
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LAND ISSUES AND THE SITE. 6LAND ISSUES AND THE SITE Licence5 The Authority hereby grants PPP Co. a non-exclusive licence to occupy the Site for the sole purpose of allowing PPP Co. to perform its obligations under this Project Agreement (the “Licence”) subject to any right of access of the Authority or any other person under this Project Agreement or Law [AMEND AS APPROPRIATE TO REFER TO THIRD PARTY ACCESS]. The Licence granted under Clause 6.1(a) (Licence) will subsist for the sole purpose of enabling PPP Co. to perform its obligations under this Project Agreement and to enable the Funders (and/or their nominees) to procure such performance and for no other purposes and will not operate nor be deemed to operate as a demise of the Site or any part of it nor will PPP Co. have or be entitled to any estate, right, title or interest in it and PPP Co. and those authorised by it will enter the Site only as licensee of the Authority. The Licence will commence on the Commencement Date and will immediately terminate upon the earlier of the Expiry Date or Termination of this Project Agreement.
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