Common use of LANDLORD’S PROTECTION PROVISIONS Clause in Contracts

LANDLORD’S PROTECTION PROVISIONS. The Tenant is not entitled to object to the service charge (or any item comprised in it) or otherwise on any of the following grounds: (a) the inclusion in a subsequent service charge period of any item of expenditure or liability omitted from the service charge for any preceding service charge period; (b) an item of service charge included at a proper cost might have been provided or performed at a lower cost; (c) disagreement with any estimate of future expenditure for which the Landlord requires to make provision (so long as the Landlord has acted reasonably and in good faith and in the absence of manifest error); (d) the manner in which the Landlord exercises its discretion in providing services (so long as the Landlord acts in good faith and in accordance with the principles of good estate management); (e) the employment of managing agents to carry out and provide services under this Schedule 4, Part 1 (Obligations of the parties) on the Landlord’s behalf; (f) the Landlord is not concerned in the administration of or accounting for the service charge on an assignment of this Lease, and accordingly the Landlord: (i) is not required to make any apportionment relative to the assignment; and (ii) is entitled to deal exclusively with the Tenant in whom this Lease is for the time being vested (and for this purpose in disregard of an assignment of this Lease which has not been registered in accordance with Clause 3.11 (Registration of dispositions of this Lease)); and (g) the entitlement of the Landlord to assume that the benefit of a service provided by the Landlord will be enjoyed substantially at a time after the expiry of this Lease if the service is provided by the Landlord in good faith and it is generally of benefit to the tenants of the Landlord in the Building as a class;

Appears in 3 contracts

Samples: Lease Agreement (Learning Tree International Inc), Lease (Learning Tree International Inc), Lease (Learning Tree International Inc)

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LANDLORD’S PROTECTION PROVISIONS. The Tenant is not entitled to object to the service charge (or any item comprised in it) or otherwise on any of the following grounds: (a) the inclusion in a subsequent service charge period of any item of expenditure or liability omitted from the service charge for any preceding service charge period; (b) an item of service charge included at a proper cost might have been provided or performed at a lower cost; (c) disagreement with any estimate of future expenditure for which the Landlord requires to make provision (so long as the Landlord has acted reasonably and in good faith and in the absence of manifest error); (d) the manner in which the Landlord exercises its discretion in providing services (so long as the Landlord acts in good faith and in accordance with the principles of good estate management); (e) the employment of managing agents to carry out and provide services under this Schedule 43, Part 1 (Obligations of the parties) on the Landlord’s behalf; (f) the Landlord is not concerned in the administration of or accounting for the service charge on an assignment of this Lease, and accordingly the Landlord: (i) is not required to make any apportionment relative to the assignment; and (ii) is entitled to deal exclusively with the Tenant in whom this Lease is for the time being vested (and for this purpose in disregard of an assignment of this Lease which has not been registered in accordance with Clause 3.11 (Registration of dispositions of this Lease)); and (g) the entitlement of the Landlord to assume that the benefit of a service provided by the Landlord will be enjoyed substantially at a time after the expiry of this Lease if the service is provided by the Landlord in good faith and it is generally of benefit to the tenants of the Landlord in the Building as a class;

Appears in 1 contract

Samples: Lease (Learning Tree International Inc)

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