Landlord’s Costs. 4.7.1 The Tenant is to pay the Landlord’s Costs arising from: 4.7.1.1 any application made by the Tenant for the Landlord’s consent or approval to any matter under this Lease whether or not: (a) consent or approval is given unless a court determines that the Landlord has unreasonably or unlawfully withheld that consent or approval in circumstances where it is not entitled to do so; or (b) the application is withdrawn; 4.7.1.2 abating any nuisance on the Premises caused by the act, default or negligence of the Tenant; 4.7.1.3 the inspection and, if required, approval by the Landlord, the Engineer or the Landlord’s Surveyor of any alterations, additions or improvements to the Premises; 4.7.1.4 verifying, where reasonable, compliance with and enforcing or making good any breach of the Tenant’s Obligations, including the recovery of arrears of the annual rent or any other sums due to the Landlord under this Lease, whether by distress or by any other means; 4.7.2 Where the Tenant must pay the Landlord's Costs the following provisions shall apply:- 4.7.2.1 where reasonable and possible not later than 28 days before incurring any Landlord's Costs the Landlord shall provide an estimate of the amount together with details of the rate (or other basis) upon which such costs will be charged; 4.7.2.2 the Tenant shall promptly provide all such information as the Landlord may reasonably require to enable the Landlord to provide any estimate of the Landlord’s Costs; 4.7.2.3 where the Landlord has given an estimate of the Landlord's Costs such estimate shall not be exceeded unless: (a) the Landlord has previously notified the Tenant as to why the estimate is likely to be exceeded and given a revised estimate; or (b) such Landlord’s Costs have been incurred in preventing or remedying or avoiding the occurrence of an Adverse Effect; 4.7.2.4 Landlord's Costs which are charged in respect of its own employees shall not be more than would normally be charged by the Landlord to third parties in respect of such matters; 4.7.2.5 Landlord's Costs will be invoiced to the Tenant within 2 months of the relevant costs being incurred and each such invoice will be accompanied by a statement giving reasonable details of the items charged, the calculation of the charges and copies of all relevant invoices or valuations; 4.7.2.6 invoices in respect of the Landlord's Costs will be due for payment 28 days after such invoices are submitted and if not paid within 7 days of such due date, any unpaid amounts will bear interest at the Prescribed Rate from the date of the invoice or demand until the date of actual payment; 4.7.2.7 in the event of emergency or other urgent action required to avoid or prevent an Adverse Effect, the Landlord shall not be required to comply with sub-paragraphs 4.7.2.1 to
Appears in 2 contracts
Samples: Head Lease Agreement, Head Lease
Landlord’s Costs. 4.7.1 The Tenant is to pay Within ten (10) Working Days of written demand and against satisfactory evidence of the Landlord’s Costs arising from:
4.7.1.1 any application made by amounts, the Tenant for shall pay, or indemnify the Landlord’s consent or approval Landlord against all reasonable costs, fees, charges, disbursements and expenses properly incurred by it, including those payable to any matter under this Lease whether or not:solicitors, counsel, surveyors, architects and bailiffs:-
(a) consent in relation to, or approval is given unless in proper contemplation of, the preparation and service of a court determines notice under section 146 of the Law of Property Xxx 0000 or any proceedings under section 146 or section 147 of that Act (whether or not any right of re-entry or forfeiture has been waived by the Landlord or a notice served under section 146 is complied with by the Tenant or the Tenant has unreasonably or unlawfully withheld been relieved under the provisions of that consent or approval in circumstances where it is not entitled to do so; orAct and even though forfeiture may be avoided otherwise than by relief granted by the court);
(b) in relation to, or in proper contemplation of, the preparation and service of all reasonable notices and schedules relating to any wants of repair at the Premises or schedule of reinstatement works, whether served during or within three months after the expiration of the Term (but relating in all cases only to such wants of repair which accrued not later than the expiration or earlier determination of the Term);
(c) in connection with the recovery or attempted recovery of arrears of Rents or other sums due from the Tenant, or in procuring the remedying of the breach of any covenant by the Tenant;
(d) in relation to any application for consent required or made necessary by this Lease (such costs to include reasonable management fees and expenses) whether or not it is granted (except in cases where the Landlord is obliged not to withhold its consent unreasonably or unreasonably delay and the withholding of its consent is held to be unreasonable or is held to be unreasonably delayed), or the application is withdrawn;
4.7.1.2 abating any nuisance on the Premises caused by the act, default or negligence of the Tenant;
4.7.1.3 the inspection and, if required, approval by the Landlord, the Engineer or the Landlord’s Surveyor of any alterations, additions or improvements to the Premises;
4.7.1.4 verifying, where reasonable, compliance with and enforcing or making good any breach of the Tenant’s Obligations, including the recovery of arrears of the annual rent or any other sums due to the Landlord under this Lease, whether by distress or by any other means;
4.7.2 Where the Tenant must pay the Landlord's Costs the following provisions shall apply:-
4.7.2.1 where reasonable and possible not later than 28 days before incurring any Landlord's Costs the Landlord shall provide an estimate of the amount together with details of the rate (or other basis) upon which such costs will be charged;
4.7.2.2 the Tenant shall promptly provide all such information as the Landlord may reasonably require to enable the Landlord to provide any estimate of the Landlord’s Costs;
4.7.2.3 where the Landlord has given an estimate of the Landlord's Costs such estimate shall not be exceeded unless:
(a) the Landlord has previously notified the Tenant as to why the estimate is likely to be exceeded and given a revised estimate; or
(b) such Landlord’s Costs have been incurred in preventing or remedying or avoiding the occurrence of an Adverse Effect;
4.7.2.4 Landlord's Costs which are charged in respect of its own employees shall not be more than would normally be charged by the Landlord to third parties in respect of such matters;
4.7.2.5 Landlord's Costs will be invoiced to the Tenant within 2 months of the relevant costs being incurred and each such invoice will be accompanied by a statement giving reasonable details of the items charged, the calculation of the charges and copies of all relevant invoices or valuations;
4.7.2.6 invoices in respect of the Landlord's Costs will be due for payment 28 days after such invoices are submitted and if not paid within 7 days of such due date, any unpaid amounts will bear interest at the Prescribed Rate from the date of the invoice or demand until the date of actual payment;
4.7.2.7 in the event of emergency or other urgent action required to avoid or prevent an Adverse Effect, the Landlord shall not be required to comply with sub-paragraphs 4.7.2.1 to,
Appears in 1 contract
Samples: Occupational Lease (Lazard LTD)
Landlord’s Costs. 4.7.1 The Tenant is shall pay to pay the Landlord’s Costs arising from:
4.7.1.1 any application made by the Tenant for the Landlord’s consent or approval to any matter under this Lease whether or not:
(a) consent or approval is given unless a court determines that the Landlord has unreasonably or unlawfully withheld that consent or approval in circumstances where it is not entitled to do so; or
(b) the application is withdrawn;
4.7.1.2 abating any nuisance on the Premises caused by the act, default or negligence of the Tenant;
4.7.1.3 the inspection and, if required, approval by the Landlord, on demand the Engineer fees, costs and expenses reasonably properly charged, incurred or payable by the Landlord and its advisers, agents or enforcement officers in connection with:
43.5.1 any steps taken in direct contemplation of, or in direct relation to, any proceedings under section 146 or 147 of the Law of Property Xxx 0000 or the Landlord’s Surveyor of any alterations, additions or improvements to the Premises;
4.7.1.4 verifying, where reasonable, compliance with and enforcing or making good any breach of the Tenant’s ObligationsLeasehold Property (Repairs) Xxx 0000, including the recovery preparation and service of all notices, and even if forfeiture is avoided (unless it is avoided by relief granted by the court);
43.5.2 preparing and serving schedules of dilapidations at any time during the Term or within six months after the end of the Term (or, if later, six months after the date the Tenant has given vacant possession of the Premises to the Landlord) and supervising any works undertaken to remedy such dilapidations in a situation where the Tenant is in breach of its obligations at the end of this Lease;
43.5.3 recovering (or attempting to recover) any arrears of the annual rent Rent or any other sums due to the Landlord under this Lease, whether by distress or by including the costs of preparing and serving any other means;
4.7.2 Where the Tenant must pay the Landlord's Costs the following provisions shall apply:-
4.7.2.1 where reasonable and possible not later than 28 days before incurring any Landlord's Costs notice under section 17 of the Landlord shall provide an estimate of the amount together and Tenant (Covenants) Xxx 0000 and any costs associated with details of the rate (or other basis) upon which such costs will be charged;
4.7.2.2 the Tenant shall promptly provide all such information as the Landlord may reasonably require to enable the Landlord to provide any estimate of the Landlord’s Costsremedies of taking control of goods or execution;
4.7.2.3 where 43.5.4 if the Landlord reasonably considers that there has given an estimate been a breach by the Tenant of its covenants under this Lease any investigations or reports reasonably and properly carried out to determine the nature and extent of any breach by the Tenant of its obligations in this Lease;
43.5.5 any steps reasonably and properly taken to procure that a breach by the Tenant of its obligations under this Lease is remedied; and
43.5.6 (such fees costs and expenses also being reasonable) any application for a consent of the Landlord's Costs Landlord (including the preparation of any documents) which is needed by virtue of this Lease, whether or not such estimate shall consent is granted and whether or not be exceeded unless:
(a) the Landlord has previously notified the Tenant as to why the estimate application is likely to be exceeded and given a revised estimate; or
(b) such Landlord’s Costs have been incurred in preventing or remedying or avoiding the occurrence of an Adverse Effect;
4.7.2.4 Landlord's Costs which are charged in respect of its own employees shall not be more than would normally be charged by the Landlord to third parties in respect of such matters;
4.7.2.5 Landlord's Costs will be invoiced to the Tenant within 2 months of the relevant costs being incurred and each such invoice will be accompanied by a statement giving reasonable details of the items charged, the calculation of the charges and copies of all relevant invoices or valuations;
4.7.2.6 invoices in respect of the Landlord's Costs will be due for payment 28 days after such invoices are submitted and if not paid within 7 days of such due date, any unpaid amounts will bear interest at the Prescribed Rate from the date of the invoice or demand until the date of actual payment;
4.7.2.7 in the event of emergency or other urgent action required to avoid or prevent an Adverse Effect, the Landlord shall not be required to comply with sub-paragraphs 4.7.2.1 towithdrawn.
Appears in 1 contract
Landlord’s Costs. 4.7.1 The Tenant is to pay the Landlord’s Costs arising from:
4.7.1.1 any application made by the Tenant for the Landlord’s consent or approval to any matter under this Lease whether or not:
(a) consent or approval is given unless a court determines that the Landlord has unreasonably or unlawfully withheld that consent or approval in circumstances where it is not entitled to do so; or
(b) the application is withdrawn;
4.7.1.2 abating any nuisance on the Premises caused by the act, default or negligence of the Tenant;
4.7.1.3 the inspection and, if required, approval by the Landlord, the Engineer or the Landlord’s Surveyor of any alterations, additions or improvements to the Premises;
4.7.1.4 verifying, where reasonable, compliance with and enforcing or making good any breach of the Tenant’s Obligations, including the recovery of arrears of the annual rent or any other sums due to the Landlord under this Lease, whether by distress or by any other means;
4.7.2 Where the Tenant must pay the Landlord's Costs the following provisions shall apply:-
4.7.2.1 5.7.1 where reasonable and possible not later than 28 days before incurring any Landlord's Costs the Landlord shall provide an estimate of the amount together with details of the rate (or other basis) upon which such costs will be charged;
4.7.2.2 5.7.2 the Tenant shall promptly provide all such information as the Landlord may reasonably require to enable the Landlord to provide any estimate of the Landlord’s Costs;
4.7.2.3 5.7.3 where the Landlord has given an estimate of the Landlord's Costs such estimate shall not be exceeded unless:
(a) 5.7.3.1 the Landlord has previously notified the Tenant as to why the estimate is likely to be exceeded and given a revised estimate; or
(b) 5.7.3.2 such Landlord’s Costs have been incurred in preventing or remedying or avoiding the occurrence of an Adverse Effect;
4.7.2.4 5.7.4 Landlord's Costs which are charged in respect of its own employees shall not be more than would normally be charged by the Landlord to third parties in respect of such matters;
4.7.2.5 5.7.5 Landlord's Costs will be invoiced to the Tenant within 2 months of the relevant costs being incurred and each such invoice will be accompanied by a statement giving reasonable details of the items charged, the calculation of the charges and copies of all relevant invoices or valuations;
4.7.2.6 5.7.6 invoices in respect of the Landlord's Costs will be due for payment 28 days after such invoices are submitted and if not paid within 7 days of such due date, any unpaid amounts will bear interest at the Prescribed Rate from the date of the invoice or demand until the date of actual payment;
4.7.2.7 in the event of emergency or other urgent action required to avoid or prevent an Adverse Effect, the Landlord shall not be required to comply with sub-paragraphs 4.7.2.1 to.
Appears in 1 contract
Samples: Leaseback Agreement
Landlord’s Costs. 4.7.1 (a) The Tenant is to pay to the Landlord as additional rent within twenty eight (28) days of written demand the Landlord’s Costs proper and (in the case of sub-clauses (ii) and (v)) reasonable costs and expenses properly incurred arising from:
4.7.1.1 (i) the preparation and service of any notice and the taking of any proceedings by or on behalf of the Landlord under sections 146 or 147 of the 1925 Act or under the Leasehold Property (Repairs) Xxx 0000, whether or not forfeiture is avoided by an order of the court;
(ii) any application made by the Tenant for the Landlord’s consent or approval to any matter under this Lease whether or not:
(aA) consent or approval is given unless a the court determines that the Landlord has unreasonably or unlawfully withheld that consent or approval in circumstances where it is not entitled to do so; or
(bB) the application is withdrawn;
4.7.1.2 (iii) the preparation and service of any notice or schedule of dilapidations during or within six (6) months after the end of the Term;
(iv) abating any nuisance on the Premises caused by the act, default or negligence of the Tenant;
4.7.1.3 (v) the inspection and, if required, approval by the Landlord, the Engineer or the Landlord’s Surveyor of any alterations, additions or improvements to the Premises;Premises and (if applicable) their subsequent reinstatement at the end of the Term; and
4.7.1.4 (vi) the preparation and service by the Landlord of any notice under section 17 of the 1995 Act; and
(vii) verifying, where reasonable, compliance with and enforcing or making good any breach of the Tenant’s Obligations, including the recovery of arrears of the annual rent Basic Rent or Additional Rent or any other sums due to the Landlord under this Lease, whether by distress or by any other means;.
4.7.2 (b) Where the Tenant must pay the Landlord's Costs the following provisions shall apply:-
4.7.2.1 where reasonable and possible not later than 28 days before incurring any Landlord's Costs the Landlord shall provide an estimate of the amount together with details of the rate (or other basis) upon which such those costs will be charged;
4.7.2.2 the Tenant shall promptly provide all such information as the Landlord may reasonably require payable pursuant to enable the Landlord to provide any estimate of the Landlord’s Costs;
4.7.2.3 where the Landlord has given an estimate of the Landlord's Costs such estimate shall not be exceeded unless:clause 4.8
(a) the Landlord has previously notified the Tenant as to why the estimate is likely to be exceeded and given a revised estimate; orfollowing provisions shall apply:
(bi) such Landlord’s Costs have been incurred in preventing or remedying or avoiding the occurrence of an Adverse Effect;
4.7.2.4 Landlord's Costs which are charged in respect of its own employees shall not be more than would normally be charged by the Landlord to third parties in respect of such matters;
4.7.2.5 (ii) Landlord's Costs will be invoiced to the Tenant within 2 two (2) months of the relevant costs being incurred and each such invoice will be accompanied by a statement giving reasonable details of the items charged, the calculation of the charges and copies of all relevant invoices or valuations;; and
4.7.2.6 (iii) invoices in respect of the Landlord's Costs will be due for payment 28 twenty eight (28) days after such invoices are submitted and if not paid within 7 seven (7) days of such due date, any unpaid amounts will bear interest at the Prescribed Default Rate from the date of the invoice or demand until the date of actual payment;
4.7.2.7 in the event of emergency or other urgent action required to avoid or prevent an Adverse Effect, the Landlord shall not be required to comply with sub-paragraphs 4.7.2.1 to.
Appears in 1 contract
Samples: Lease
Landlord’s Costs. 4.7.1 The Tenant is shall pay within 5 Business Days of demand and indemnify the Landlord against all costs, fees, charges, disbursements and expenses properly incurred by the Landlord including those payable to pay solicitors, counsel, architects, surveyors, bailiffs and the Landlord’s Costs arising from:
4.7.1.1 any application made by the Tenant for the Landlord’s consent internal management fee in relation to or approval to any matter under this Lease whether or notin contemplation of:
(a) consent the preparation (in reasonable contemplation of proceedings) and service of a notice or approval any proceedings under sections 146 or 147 of that Law of Property Xxx 0000 even if forfeiture is given unless a court determines that avoided otherwise than by relief granted by the Landlord has unreasonably or unlawfully withheld that consent or approval in circumstances where it is not entitled to do so; orCourt;
(b) the application is withdrawnpreparation (in reasonable contemplation of proceedings) and service of any notice pursuant to section 6 Law of Distress Amendment Xxx 0000 or under section 17 of the 1995 Act;
4.7.1.2 abating any nuisance on (c) the Premises caused by preparation and service of notices and schedules relating to wants of repair whether served during or after the act, default or negligence End of the TenantTerm provided that the notices or schedules are received within 5 months of the End of the Term;
4.7.1.3 (d) the inspection and, if required, approval by recovery or attempted recovery of arrears of Rent or Additional Rents due from the Landlord, the Engineer Tenant or the Landlord’s Surveyor of any alterations, additions or improvements to the Premises;
4.7.1.4 verifying, where reasonable, compliance with and enforcing or making good in remedying any breach of the Tenant’s Obligations, including the recovery of arrears of the annual rent or any other sums due to the Landlord under this Lease, whether by distress or by any other meansCovenants;
4.7.2 Where (e) any application for consent or approval made necessary by this Lease whether or not consent or approval is granted or the application is withdrawn provided that the Tenant must is not required to pay the Landlord's Costs the following provisions shall apply:-
4.7.2.1 any such costs, fees, changes, disbursements and expenses where reasonable and possible not later than 28 days before incurring any Landlord's Costs the Landlord shall provide consent is unreasonably withheld or delayed or made subject to an estimate of the amount together with details of the rate (or other basis) upon which such costs will be charged;
4.7.2.2 the Tenant shall promptly provide all such information as the Landlord may reasonably require to enable the Landlord to provide any estimate of the Landlord’s Costs;
4.7.2.3 unreasonable condition where the Landlord has given is under an estimate obligation not to unreasonably withhold or delay its consent;
(f) the supervision by the Landlord of any works which the Tenant is obliged to carry out pursuant to any of the Landlord's Costs such estimate shall not be exceeded unless:
(a) the Landlord has previously notified the Tenant as to why the estimate is likely to be exceeded and given a revised estimateprovisions of this Lease; or
(b) such Landlord’s Costs have been incurred in preventing or remedying or avoiding the occurrence of an Adverse Effect;
4.7.2.4 Landlord's Costs which are charged Provided that in respect of its own employees shall not be more than would normally be charged by paragraph (e) and (f) the Tenant is only required to indemnify the Landlord to third parties in respect of such matters;
4.7.2.5 Landlord's Costs will be invoiced to the Tenant within 2 months of the relevant costs being incurred against reasonable and each such invoice will be accompanied by a statement giving reasonable details of the items charged, the calculation of the charges proper legal and copies of all relevant invoices or valuations;
4.7.2.6 invoices in respect of the Landlord's Costs will be due for payment 28 days after such invoices are submitted and if not paid within 7 days of such due date, any unpaid amounts will bear interest at the Prescribed Rate from the date of the invoice or demand until the date of actual payment;
4.7.2.7 in the event of emergency or other urgent action required to avoid or prevent an Adverse Effect, the Landlord shall not be required to comply with sub-paragraphs 4.7.2.1 toagent’s fees.
Appears in 1 contract
Samples: Lease (Viropharma Inc)