Landlord’s rights and responsibilities. The Landlord: may from time to time employ such agents, contractors or others as the Landlord decides; will not be responsible for any interruption in the supply of the Services due to any circumstances outside the Landlord's control or due to any necessary maintenance, repair, replacement, renewal, servicing, inspection or testing, but must take reasonable steps to restore the supply as soon as reasonably practicable; must take into consideration the administrative, accounting, procurement, management and operational provisions of the Service Charge Code for so long as it is in effect insofar as it is:100 reasonably practicable to do so; consistent with the Landlord's obligations under this Lease; and consistent with the economic and efficient management of the Centre (taking into consideration all the circumstances including the terms of the leases of other Lettable Units); and must take into consideration current practice in estate management if the Service Charge Code is no longer published. [The Landlord will take reasonable steps to notify the Tenant in advance of the service charge budget for each Accounting Period and of any material changes in the service charge budget that subsequently arise.] Centre Services101 Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Centre and all Common Parts and Conducting Media, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the Centre, Common Parts and Conducting Media and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning any facilities (including means of access, Conducting Media, party walls and other boundary structures) used in common between the Centre and any adjoining premises, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the facilities used in common and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Lighting the Common Parts. Lighting the exterior of the Centre and any facilities used in common between the Centre and any adjoining premises. Heating, [providing air-conditioning to] and ventilating the [Common Parts] [Centre]102. Providing hot and cold water to, and maintaining operational supplies in, the toilets in the Common Parts. Paying Supply Costs incurred in providing the Services. Storing, compacting, recycling and disposing of refuse. Providing, inspecting, maintaining (including by maintenance contracts and insurance against sudden and unforeseen breakdown), repairing, renewing, replacing, upgrading and operating: all plant, machinery, apparatus and vehicles used in providing the Centre Services and all signage in the Common Parts; and security, fire-fighting and fire detection equipment (excluding portable fire extinguishers in the Premises), fire alarm systems, public address systems, telecommunications systems, closed circuit television systems and traffic control[ and all other Centre Management Systems]. [Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Centre and otherwise in connection with the Centre Services.] Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the Centre. Managing and administering service charge accounts for the Services including, where relevant, certifying, examining or auditing those accounts. Additional Services103 Paying all existing and future rates, taxes, duties, charges and financial impositions charged on the Common Parts or the Centre as a whole (and a fair proportion of those levied on the Centre along with any adjoining premises). Providing accommodation for staff, plant, furniture, equipment and vehicles used in providing the Services, and all outgoings on them. Employing or procuring agents, contractors or others as the Landlord decides in connection with the Services. Planting, replanting and maintaining landscape features in the Common Parts. Providing customer service facilities for visitors to the Centre, including guest Wi-Fi services. Providing pest and infection control. Gritting, and clearing snow from, the Common Parts. Promoting and advertising the Centre and staging activities and exhibitions within the Centre. Providing seasonal decorations within the Centre. Providing any further services for maintaining and securing the amenities of the Centre. Auditing health and safety requirements for the Centre and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing disabled access requirements for the Centre and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing the Environmental Performance of the Centre and, where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Centre from time to time. Carrying out or implementing any Recommended Improvement Measures, Operational Rating Measures or any other works or measures to implement any Action Plan in respect of all or any part of the Common Parts (or any other similar or replacement obligation) from time to time104.
Appears in 1 contract
Samples: Lease
Landlord’s rights and responsibilities. The Landlord: may from time to time employ such agents, contractors or others as the Landlord decides; will not be responsible for any interruption in the supply of the Services due to any circumstances outside the Landlord's control or due to any necessary maintenance, repair, replacement, renewal, servicing, inspection or testing, but must take reasonable steps to restore the supply as soon as reasonably practicable; must take into consideration the administrative, accounting, procurement, management and operational provisions of the Service Charge Code for so long as it is in effect insofar as it is:100 is:90 reasonably practicable to do so; consistent with the Landlord's obligations under this Lease; and consistent with the economic and efficient management of the Centre Building (taking into consideration all the circumstances including the terms of the leases of other Lettable Units); and must take into consideration current practice in estate management if the Service Charge Code is no longer published. [The Landlord will take reasonable steps to notify the Tenant in advance of the service charge budget for each Accounting Period and of any material changes in the service charge budget that subsequently arise.] Centre Services101 Building Services91 Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Centre Building and all Common Parts and Conducting Media, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the CentreBuilding, Common Parts and Conducting Media and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning any facilities (including means of access, Conducting Media, party walls and other boundary structures) used in common between the Centre Building and any adjoining premises, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the facilities used in common and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Lighting the Common Parts. Lighting the exterior of the Centre Building and any facilities used in common between the Centre Building and any adjoining premises. Heating, [providing air-conditioning to] and ventilating the [Common Parts] [Centre]102Building]92. Providing hot and cold water to, and maintaining operational supplies in, the toilets in the Common Parts. Paying Supply Costs incurred in providing the Services. Storing, compacting, recycling and disposing of refuse. Providing, inspecting, maintaining (including by maintenance contracts and insurance against sudden and unforeseen breakdown), repairing, renewing, replacing, upgrading and operating: all plant, machinery, apparatus and vehicles used in providing the Centre Building Services and all signage in the Common Parts; and security, fire-fighting and fire detection equipment (excluding portable fire extinguishers in the Premises), fire alarm systems, public address systems, telecommunications systems, closed circuit television systems and traffic control[ and all other Centre Building Management Systems]. [Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Centre Building and otherwise in connection with the Centre Building Services.] Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the CentreBuilding. Managing and administering service charge accounts for the Services including, where relevant, certifying, examining or auditing those accounts. Additional Services103 Services93 Paying the costs of cleaning [the surfaces of any atrium facing onto the Common Parts and] the external surfaces of the window and window frames in the Building (but not the shopfront of the Premises) and providing and maintaining plant, facilities and equipment for these purposes. Paying all existing and future rates, taxes, duties, charges and financial impositions charged on the Common Parts or the Centre Building as a whole (and a fair proportion of those levied on the Centre Building along with any adjoining premises). Providing accommodation for staff, plant, furniture, equipment and vehicles used in providing the Services, and all outgoings on them. Employing or procuring agents, contractors or others as the Landlord decides in connection with the Services. Planting, replanting and maintaining landscape features in the Common Parts. Providing, cleaning and renewing carpeting in the Common Parts. Providing customer service facilities for visitors to the CentreBuilding, including guest Wi-Fi services. Providing pest and infection control. Gritting, and clearing snow from, the Common Parts. Promoting and advertising the Centre and staging activities and exhibitions within the Centre. Providing seasonal decorations within the CentreBuilding. Providing any further services for maintaining and securing the amenities of the CentreBuilding. Auditing health and safety requirements for the Centre Building and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing disabled access requirements for the Centre Building and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing the Environmental Performance of the Centre Building and, where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Centre Building from time to time. Carrying out or implementing any Recommended Improvement Measures, Operational Rating Measures or any other works or measures to implement any Action Plan in respect of all or any part of the Common Parts (or any other similar or replacement obligation) from time to time104.time.94
Appears in 1 contract
Samples: Lease
Landlord’s rights and responsibilities. The Landlord: may from time to time employ such agents, contractors or others as the Landlord decides; will not be responsible for any interruption in the supply of the Services due to any circumstances outside the Landlord's control or due to any necessary maintenance, repair, replacement, renewal, servicing, inspection or testing, but must take reasonable steps to restore the supply as soon as reasonably practicable; must take into consideration the administrative, accounting, procurement, management and operational provisions of the Service Charge Code for so long as it is in effect insofar as it is:100 is:88 reasonably practicable to do so; consistent with the Landlord's obligations under this Lease; and consistent with the economic and efficient management of the Centre Building (taking into consideration all the circumstances including the terms of the leases of other Lettable Units); and must take into consideration current practice in estate management if the Service Charge Code is no longer published. [The Landlord will take reasonable steps to notify the Tenant in advance of the service charge budget for each Accounting Period and of any material changes in the service charge budget that subsequently arise.] Centre Services101 Building Services89 Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Centre Building and all Common Parts and Conducting Media, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the CentreBuilding, Common Parts and Conducting Media and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning any facilities (including means of access, Conducting Media, party walls and other boundary structures) used in common between the Centre Building and any adjoining premises, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the facilities used in common and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Lighting the Common Parts. Lighting the exterior of the Centre Building and any facilities used in common between the Centre Building and any adjoining premises. Heating, [providing air-conditioning to] and ventilating the [Common Parts] [Centre]102Building]90. Providing hot and cold water to, and maintaining operational supplies in, the toilets in the Common Parts. Paying Supply Costs incurred in providing the Services. Storing, compacting, recycling and disposing of refuse. Providing, inspecting, maintaining (including by maintenance contracts and insurance against sudden and unforeseen breakdown), repairing, renewing, replacing, upgrading and operating: all plant, machinery, apparatus and vehicles used in providing the Centre Building Services and all signage in the Common Parts; and security, fire-fighting and fire detection equipment (excluding portable fire extinguishers in the Premises), fire alarm systems, public address systems, telecommunications systems, closed circuit television systems and traffic control[ and all other Centre Building Management Systems]. [Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Centre Building and otherwise in connection with the Centre Building Services.] Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the CentreBuilding. Managing and administering service charge accounts for the Services including, where relevant, certifying, examining or auditing those accounts. Additional Services103 Services91 Paying the costs of cleaning [the surfaces of any atrium facing onto the Common Parts and] the external surfaces of the window and window frames in the Building (but not the shopfront of the Premises) and providing and maintaining plant, facilities and equipment for these purposes. Paying all existing and future rates, taxes, duties, charges and financial impositions charged on the Common Parts or the Centre Building as a whole (and a fair proportion of those levied on the Centre Building along with any adjoining premises). Providing accommodation for staff, plant, furniture, equipment and vehicles used in providing the Services, and all outgoings on them. Employing or procuring agents, contractors or others as the Landlord decides in connection with the Services. Planting, replanting and maintaining landscape features in the Common Parts. Providing, cleaning and renewing carpeting in the Common Parts. Providing customer service facilities for visitors to the CentreBuilding, including guest Wi-Fi services. Providing pest and infection control. Gritting, and clearing snow from, the Common Parts. Promoting and advertising the Centre and staging activities and exhibitions within the Centre. Providing seasonal decorations within the CentreBuilding. Providing any further services for maintaining and securing the amenities of the CentreBuilding. Auditing health and safety requirements for the Centre Building and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing disabled access requirements for the Centre Building and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing the Environmental Performance of the Centre Building and, where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Centre Building from time to time. Carrying out or implementing any Recommended Improvement Measures, Operational Rating Measures or any other works or measures to implement any Action Plan in respect of all or any part of the Common Parts (or any other similar or replacement obligation) from time to time104time.92 Service Charge exclusions Costs arising from any damage or destruction to the Building caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Building. Costs of upgrading, innovation or improvement resulting from any repair, maintenance, reinstatement, rebuilding or replacement, but this will not prevent the Landlord including costs within the Service Costs which arise: where an item is to be replaced by way of repair and the replacement is broadly the modern day or up-to-date equivalent of what was there previously; where the Landlord considers replacement to be more economical than repair (and the Landlord is entitled to take into consideration the medium/long-term benefits of replacement); where an item has to be replaced or installed to comply with any Act or the requirements of the insurers; or where replacement or renewal is reasonable and cost-effective and will reduce operating costs for the benefit of the tenants of the Lettable Units[ or improve for the tenants the Environmental Performance of the Building]. Costs incurred in respect of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Building. Unrecovered costs due from another tenant of the Building. Costs incurred in dealing with the Landlord's interest in the Building, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord's interest in the Building. Insurance and Damage Provisions Tenant's insurance obligations The Tenant must pay on demand: a fair and reasonable proportion of: the sums the Landlord pays93 to comply with paragraphs 2.1.1 and 2.1.2 of this Part of the Schedule; if not recovered through the Service Charge, the sums the Landlord pays to insure all plant, machinery, apparatus and vehicles used in providing the Services; the cost of valuations of the Building and the Premises for insurance purposes made not more than once a year; and the amount of any excess or deductible under any insurance policy that the Landlord incurs or will incur in complying with paragraphs 2.3 and 2.4 of this Part of the Schedule; the whole of the sums the Landlord pays to comply with paragraph 2.1.3 of this Part of the Schedule; a sum equal to the amount that the insurers refuse to pay following damage or destruction by an Insured Risk to the Building because of the Tenant's act or failure to act; and any additional or increased premiums that the insurers may require as a result of the carrying out or retention of any Permitted Works or the Tenant's or any sub-tenant's or other lawful occupier's use of the Premises. The Tenant must comply with the requirements of the insurers and must not do anything that may invalidate any insurance. The Tenant must not use the Premises for any purpose or carry out or retain any Permitted Works that may make any additional premium payable for the insurance of the Premises or the Building, unless it has first agreed to pay the whole of that additional premium. The Tenant must notify the Landlord as soon as practicable after it becomes aware of any damage to or destruction of the Premises by any of the Insured Risks or by an Uninsured Risk. The Tenant must keep insured, in a sufficient sum and with a reputable insurer, public liability risks relating to the Premises. Landlord's insurance obligations94 The Landlord must insure (with a reputable insurer): the Building against the Insured Risks in its full reinstatement cost (including all professional fees and incidental expenses, debris removal, site clearance and irrecoverable VAT); against public liability relating to the Building; and loss of the Rent and Service Charge for the Risk Period, subject to all excesses, limitations and exclusions as the insurers may impose and otherwise on the insurers' usual terms. In relation to the insurance, the Landlord must: procure the Tenant's right to the Premises is noted either specifically or generically on the policy; take reasonable steps to procure that the insurers waive any rights of subrogation they might have against the Tenant (either specifically or generically); notify the Tenant promptly of all material variations; and provide the Tenant with a summary of its main terms on the Tenant's written request. The Landlord must take reasonable steps to obtain any consents necessary for the reinstatement of the Building following destruction or damage by an Insured Risk. Where it is lawful to do so, the Landlord must reinstate the Building following destruction or damage by an Insured Risk as soon as reasonably practicable after the date of that damage or destruction. Reinstatement need not be identical if the replacement is similar in size, quality and layout. Nothing in this paragraph 2 imposes any obligation on the Landlord to insure or to reinstate tenant's fixtures forming part of the Premises or the Building. Nothing in paragraph 2.4 of this Part of the Schedule will require the Landlord to reinstate any Lettable Units other than the Premises. The Landlord's obligations under paragraphs 2.3 and 2.4 of this Part of the Schedule will not apply unless and until the Tenant has paid the amounts referred to in paragraph 1.1.1(d) and, where applicable, paragraph 1.1.3 of this Part of the Schedule. If there is destruction or damage to the Building by an Uninsured Risk that leaves the whole or substantially the whole of the Premises unfit for occupation and use or inaccessible and the Landlord notifies the Tenant within 12 months afterwards that the Landlord wishes to reinstate, paragraphs 2.3 and 2.4 of this Part of the Schedule will then apply as if the damage or destruction had been caused by an Insured Risk. Subject to the insurance premiums being reasonable and proper and reasonably and properly incurred, the Landlord will be entitled to retain all insurance commissions for its own benefit. Rent suspension Paragraph 3.2 of this Part of the Schedule will apply if the Building is destroyed or damaged by any Insured Risk [or Uninsured Risk]95 so that the Premises are unfit for occupation or use or inaccessible. Paragraph 3.2 of this Part of the Schedule will not apply to the extent that the Landlord's insurance has been vitiated or payment of any policy moneys refused because of anything the Tenant does or fails to do and the Tenant has not complied with paragraph 1.1.3 of this Part of the Schedule. Subject to paragraph 3.1 of this Part of the Schedule, the Rent and Service Charge or a fair proportion of them, will not be payable from and including the date of damage or destruction until the earliest of: the date that the Premises are again fit for occupation and use, accessible and ready to receive tenant's fitting out works; the end of the Risk Period; and the End Date. If paragraph 3.2 of this Part of the Schedule applies before the Rent Commencement Date, the number of days between the date of the damage or destruction and the Rent Commencement Date (or where only a proportion of the Rent is or would have been suspended, an equivalent proportion of those days) will be added to the date the rent suspension ends and the resulting date will become the Rent Commencement Date. If paragraph 3.2 of this Part of the Schedule applies: the Landlord must refund to the Tenant, as soon as reasonably practicable, a due proportion of any Rent and Service Charge paid in advance that relates to any period on or after the date of damage or destruction; and the Tenant must pay to the Landlord on demand the Rent and Service Charge for the period starting on the date they again become payable to (but excluding) the next Rent Day. Any dispute about the application of this paragraph 3 will be decided at the request of either party by a single arbitrator under the Arbitration (Scotland) Act 2010[ in which case the protocols contained in paragraph 3 of Part 3 of the Schedule will equally apply to the subject matter of this paragraph 3].
Appears in 1 contract
Samples: Lease
Landlord’s rights and responsibilities. The Landlord: may from time to time employ such agents, contractors or others as the Landlord decides; will not be responsible for any interruption in the supply of the Services due to any circumstances outside the Landlord's control or due to any necessary maintenance, repair, replacement, renewal, servicing, inspection or testing, but must take reasonable steps to restore the supply as soon as reasonably practicable; must take into consideration the administrative, accounting, procurement, management and operational provisions of the Service Charge Code for so long as it is in effect insofar as it is:100 is:103 reasonably practicable to do so; consistent with the Landlord's obligations under this Lease; and consistent with the economic and efficient management of the Centre Estate (taking into consideration all the circumstances including the terms of the leases of other Lettable Units); and must take into consideration current practice in estate management if the Service Charge Code is no longer published. [The Landlord will take reasonable steps to notify the Tenant in advance of the service charge budget for each Accounting Period and of any material changes in the service charge budget that subsequently arise.] Centre Services101 Estate Services104 Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Centre and all Common Parts and Conducting Media, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the Centre, Common Parts and Conducting Media and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning any facilities (including means of access, Conducting Media, party walls and other boundary structures) used in common between the Centre Estate and any adjoining premises, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the facilities used in common and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Lighting the Common Parts. Lighting the exterior of the Centre Parts and any facilities used in common between the Centre Estate and any adjoining premises. Heating, [providing air-conditioning to] and ventilating the [Common Parts] [Centre]102. Providing hot and cold water to, and maintaining operational supplies in, the any toilets in the Common Parts. Paying Supply Costs incurred in providing the Services. [Storing, compacting, recycling and disposing of refuse. .] Providing, inspecting, maintaining (including by maintenance contracts and insurance against sudden and unforeseen breakdown), repairing, renewing, replacing, upgrading and operating: all plant, machinery, apparatus and vehicles used in providing the Centre Estate Services and all signage in the Common Parts; and security, fire-fighting and fire detection equipment (excluding portable fire extinguishers in the Premises), fire alarm systems, public address systems, telecommunications systems, closed circuit television systems and traffic control[ and all other Centre Management Systems]. [Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Centre Estate and otherwise in connection with the Centre Estate Services.] . Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the CentreEstate. Managing and administering service charge accounts for the Services and the Estate including, where relevant, certifying, examining or auditing those accounts. Additional Services103 Services105 Paying all existing and future rates, taxes, duties, charges and financial impositions charged on the Common Parts or the Centre Estate as a whole (and a fair proportion of those levied on the Centre Estate along with any adjoining premises). Providing accommodation for staff, plant, furniture, equipment and vehicles used in providing the Services, and all outgoings on them. Employing or procuring agents, contractors or others as the Landlord decides in connection with the Services. Planting, replanting and maintaining landscape features in the Common Parts. Providing customer service facilities for visitors to the CentreEstate, including guest Wi-Fi services. Providing pest and infection control. Gritting, and clearing snow from, the Common Parts. Promoting and advertising the Centre Estate and staging activities and exhibitions within the Centre. Providing seasonal decorations within the CentreEstate. Providing any further services for maintaining and securing the amenities of the CentreEstate. Auditing health and safety requirements for the Centre Estate and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing disabled access requirements for the Centre Estate and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing the Environmental Performance of the Centre Estate and, where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Centre Estate from time to time. Carrying out or implementing any Recommended Improvement Measures, Operational Rating Measures or any other works or measures to implement any Action Plan in respect of all or any part of the Common Parts (or any other similar or replacement obligation) from time to time104.time.106 Service Charge exclusions Costs arising from any damage or destruction to the Estate caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Estate. Costs of upgrading, innovation or improvement resulting from any repair, maintenance, reinstatement, rebuilding or replacement, but this will not prevent the Landlord including costs within the Service Costs which arise: where an item is to be replaced by way of repair and the replacement is broadly the modern day or up-to-date equivalent of what was there previously; where the Landlord considers replacement to be more economical than repair (and the Landlord is entitled to take into consideration the medium/long-term benefits of replacement); where an item has to be replaced or installed to comply with any Act or the requirements of the insurers; or where replacement or renewal is reasonable and cost-effective and will reduce operating costs for the benefit of the tenants of the Lettable Units[ or improve for the tenants the Environmental Performance of the Estate]. Costs incurred in respect of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Estate. Unrecovered costs due from another tenant of the Estate. Costs incurred in dealing with the Landlord's interest in the Estate, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord's interest in the Estate. [Costs incurred in running and maintaining the Car Park at the Estate where parking is charged for and the Landlord keeps the charges.]107
Appears in 1 contract
Samples: Lease
Landlord’s rights and responsibilities. The Landlord: may from time to time employ such agents, contractors or others as the Landlord decides; will not be responsible for any interruption in the supply of the Services due to any circumstances outside the Landlord's control or due to any necessary maintenance, repair, replacement, renewal, servicing, inspection or testing, but must take reasonable steps to restore the supply as soon as reasonably practicable; must take into consideration the administrative, accounting, procurement, management and operational provisions of the Service Charge Code for so long as it is in effect insofar as it is:100 is:93 reasonably practicable to do so; consistent with the Landlord's obligations under this Lease; and consistent with the economic and efficient management of the Centre Building (taking into consideration all the circumstances including the terms of the leases of other Lettable Units); and must take into consideration current practice in estate management if the Service Charge Code is no longer published. [The Landlord will take reasonable steps to notify the Tenant in advance of the service charge budget for each Accounting Period and of any material changes in the service charge budget that subsequently arise.] Centre Services101 Building Services94 Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Centre Building and all Common Parts and Conducting Media, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the CentreBuilding, Common Parts and Conducting Media and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning any facilities (including means of access, Conducting Media, party walls and other boundary structures) used in common between the Centre Building and any adjoining premises, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the facilities used in common and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Lighting the Common Parts. Lighting the exterior of the Centre Building and any facilities used in common between the Centre Building and any adjoining premises. Heating, [providing air-conditioning to] and ventilating the [Common Parts] [Centre]102Building]95. Providing hot and cold water to, and maintaining operational supplies in, the toilets in the Common Parts. Paying Supply Costs incurred in providing the Services. Storing, compacting, recycling and disposing of refuse. Providing, inspecting, maintaining (including by maintenance contracts and insurance against sudden and unforeseen breakdown), repairing, renewing, replacing, upgrading and operating: all plant, machinery, apparatus and vehicles used in providing the Centre Building Services and all signage in the Common Parts; and security, fire-fighting and fire detection equipment (excluding portable fire extinguishers in the Premises), fire alarm systems, public address systems, telecommunications systems, closed circuit television systems and traffic control[ and all other Centre Building Management Systems]. [Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Centre Building and otherwise in connection with the Centre Building Services.] Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the CentreBuilding. Managing and administering service charge accounts for the Services including, where relevant, certifying, examining or auditing those accounts. Additional Services103 Services96 Paying the costs of cleaning [the surfaces of any atrium facing onto the Common Parts and] the external surfaces of the window and window frames in the Building and providing and maintaining plant, facilities and equipment for these purposes. Paying all existing and future rates, taxes, duties, charges and financial impositions charged on the Common Parts or the Centre Building as a whole (and a fair proportion of those levied on the Centre Building along with any adjoining premises). Providing accommodation for staff, plant, furniture, equipment and vehicles used in providing the Services, and all outgoings on them. Employing or procuring agents, contractors or others as the Landlord decides in connection with the Services. Planting, replanting and maintaining landscape features in the Common Parts. Providing, cleaning and renewing carpeting in the Common Parts. Providing customer service facilities for visitors to the CentreBuilding, including guest Wi-Fi services. Providing pest and infection control. Gritting, and clearing snow from, the Common Parts. Promoting and advertising the Centre and staging activities and exhibitions within the Centre. Providing seasonal decorations within the CentreBuilding. Providing any further services for maintaining and securing the amenities of the CentreBuilding. Auditing health and safety requirements for the Centre Building and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing disabled access requirements for the Centre Building and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing the Environmental Performance of the Centre Building and, where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Centre Building from time to time. Carrying out or implementing any Recommended Improvement Measures, Operational Rating Measures or any other works or measures to implement any Action Plan in respect of all or any part of the Common Parts (or any other similar or replacement obligation) from time to time104.time.97
Appears in 1 contract
Samples: Lease
Landlord’s rights and responsibilities. The Landlord: may from time to time employ such agents, contractors or others as the Landlord decides; will not be responsible for any interruption in the supply of the Services due to any circumstances outside the Landlord's control or due to any necessary maintenance, repair, replacement, renewal, servicing, inspection or testing, but must take reasonable steps to restore the supply as soon as reasonably practicable; must take into consideration the administrative, accounting, procurement, management and operational provisions of the Service Charge Code for so long as it is in effect insofar as it is:100 is:101 reasonably practicable to do so; consistent with the Landlord's obligations under this Lease; and consistent with the economic and efficient management of the Centre Estate (taking into consideration all the circumstances including the terms of the leases of other Lettable Units); and must take into consideration current practice in estate management if the Service Charge Code is no longer published. [The Landlord will take reasonable steps to notify the Tenant in advance of the service charge budget for each Accounting Period and of any material changes in the service charge budget that subsequently arise.] Centre Services101 Estate Services102 Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Centre and all Common Parts and Conducting Media, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the Centre, Common Parts and Conducting Media and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning any facilities (including means of access, Conducting Media, party walls and other boundary structures) used in common between the Centre Estate and any adjoining premises, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the facilities used in common and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Lighting the Common Parts. Lighting the exterior of the Centre Parts and any facilities used in common between the Centre Estate and any adjoining premises. Heating, [providing air-conditioning to] and ventilating the [Common Parts] [Centre]102. Providing hot and cold water to, and maintaining operational supplies in, the any toilets in the Common Parts. Paying Supply Costs incurred in providing the Services. [Storing, compacting, recycling and disposing of refuse. .] Providing, inspecting, maintaining (including by maintenance contracts and insurance against sudden and unforeseen breakdown), repairing, renewing, replacing, upgrading and operating: all plant, machinery, apparatus and vehicles used in providing the Centre Estate Services and all signage in the Common Parts; and security, fire-fighting and fire detection equipment (excluding portable fire extinguishers in the Premises), fire alarm systems, public address systems, telecommunications systems, closed circuit television systems and traffic control[ and all other Centre Management Systems]. [Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Centre Estate and otherwise in connection with the Centre Estate Services.] . Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the CentreEstate. Managing and administering service charge accounts for the Services and the Estate including, where relevant, certifying, examining or auditing those accounts. Additional Services103 Paying all existing and future rates, taxes, duties, charges and financial impositions charged on the Common Parts or the Centre Estate as a whole (and a fair proportion of those levied on the Centre Estate along with any adjoining premises). Providing accommodation for staff, plant, furniture, equipment and vehicles used in providing the Services, and all outgoings on them. Employing or procuring agents, contractors or others as the Landlord decides in connection with the Services. Planting, replanting and maintaining landscape features in the Common Parts. Providing customer service facilities for visitors to the CentreEstate, including guest Wi-Fi services. Providing pest and infection control. Gritting, and clearing snow from, the Common Parts. Promoting and advertising the Centre Estate and staging activities and exhibitions within the CentreEstate. Providing seasonal decorations within the CentreEstate. Providing any further services for maintaining and securing the amenities of the CentreEstate. Auditing health and safety requirements for the Centre Estate and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing disabled access requirements for the Centre Estate and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing the Environmental Performance of the Centre Estate and, where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Centre Estate from time to time. Carrying out or implementing any Recommended Improvement Measures, Operational Rating Measures or any other works or measures to implement any Action Plan in respect of all or any part of the Common Parts (or any other similar or replacement obligation) from time to time104.time.104 Service Charge exclusions Costs arising from any damage or destruction to the Estate caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Estate. Costs of upgrading, innovation or improvement resulting from any repair, maintenance, reinstatement, rebuilding or replacement, but this will not prevent the Landlord including costs within the Service Costs which arise: where an item is to be replaced by way of repair and the replacement is broadly the modern day or up-to-date equivalent of what was there previously; where the Landlord considers replacement to be more economical than repair (and the Landlord is entitled to take into consideration the medium/long-term benefits of replacement); where an item has to be replaced or installed to comply with any Act or the requirements of the insurers; or where replacement or renewal is reasonable and cost-effective and will reduce operating costs for the benefit of the tenants of the Lettable Units[ or improve for the tenants the Environmental Performance of the Estate]. Costs incurred in respect of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Estate. Unrecovered costs due from another tenant of the Estate. Costs incurred in dealing with the Landlord's interest in the Estate, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord's interest in the Estate. [Costs incurred in running and maintaining the Car Park at the Estate where parking is charged for and the Landlord keeps the charges.]105 Weighting106
Appears in 1 contract
Samples: Lease
Landlord’s rights and responsibilities. The Landlord: may from time to time employ such agents, contractors or others as the Landlord decides; will not be responsible for any interruption in the supply of the Services due to any circumstances outside the Landlord's control or due to any necessary maintenance, repair, replacement, renewal, servicing, inspection or testing, but must take reasonable steps to restore the supply as soon as reasonably practicable; must take into consideration the administrative, accounting, procurement, management and operational provisions of the Service Charge Code for so long as it is in effect insofar as it is:100 is:83 reasonably practicable to do so; consistent with the Landlord's obligations under this Lease; and consistent with the economic and efficient management of the Centre Estate (taking into consideration all the circumstances including the terms of the leases of other Lettable Units); and must take into consideration current practice in estate management if the Service Charge Code is no longer published. [The Landlord will take reasonable steps to notify the Tenant in advance of the service charge budget for each Accounting Period and of any material changes in the service charge budget that subsequently arise.] Centre Services101 Estate Services84 Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Centre and all Common Parts and Conducting Media, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the Centre, Common Parts and Conducting Media and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning any facilities (including means of access, Conducting Media, party walls and other boundary structures) used in common between the Centre Estate and any adjoining premises, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the facilities used in common and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Lighting the Common Parts. Lighting the exterior of the Centre Parts and any facilities used in common between the Centre Estate and any adjoining premises. Heating, [providing air-conditioning to] and ventilating the [Common Parts] [Centre]102. Providing hot and cold water to, and maintaining operational supplies in, the any toilets in the Common Parts. Paying Supply Costs incurred in providing the Services. [Storing, compacting, recycling and disposing of refuse. .] Providing, inspecting, maintaining (including by maintenance contracts and insurance against sudden and unforeseen breakdown), repairing, renewing, replacing, upgrading and operating: all plant, machinery, apparatus and vehicles used in providing the Centre Estate Services and all signage in the Common Parts; and security, fire-fighting and fire detection equipment (excluding portable fire extinguishers in the Premises), fire alarm systems, public address systems, telecommunications systems, closed circuit television systems and traffic control[ and all other Centre Management Systems]. [Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Centre Estate and otherwise in connection with the Centre Estate Services.] . Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the CentreEstate. Managing and administering service charge accounts for the Services and the Estate including, where relevant, certifying, examining or auditing those accounts. Additional Services103 Services85 Paying all existing and future rates, taxes, duties, charges and financial impositions charged on the Common Parts or the Centre Estate as a whole (and a fair proportion of those levied on the Centre Estate along with any adjoining premises). Providing accommodation for staff, plant, furniture, equipment and vehicles used in providing the Services, and all outgoings on them. Employing or procuring agents, contractors or others as the Landlord decides in connection with the Services. Planting, replanting and maintaining landscape features in the Common Parts. Providing customer service facilities for visitors to the CentreEstate, including guest Wi-Fi services. Providing pest and infection control. Gritting, and clearing snow from, the Common Parts. Promoting and advertising the Centre and staging activities and exhibitions within the Centre. Providing seasonal decorations within the Centre. Providing any further services for maintaining and securing the amenities of the CentreEstate. Auditing health and safety requirements for the Centre Estate and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing disabled access requirements for the Centre Estate and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing the Environmental Performance of the Centre Estate and, where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Centre Estate from time to time. Carrying out or implementing any Recommended Improvement Measures, Operational Rating Measures or any other works or measures to implement any Action Plan in respect of all or any part of the Common Parts (or any other similar or replacement obligation) from time to time104.time.86
Appears in 1 contract
Samples: Lease
Landlord’s rights and responsibilities. The Landlord: may from time to time employ such agents, contractors or others as the Landlord decides; will not be responsible for any interruption in the supply of the Services due to any circumstances outside the Landlord's control or due to any necessary maintenance, repair, replacement, renewal, servicing, inspection or testing, but must take reasonable steps to restore the supply as soon as reasonably practicable; must take into consideration the administrative, accounting, procurement, management and operational provisions of the Service Charge Code for so long as it is in effect insofar as it is:100 is:99 reasonably practicable to do so; consistent with the Landlord's obligations under this Lease; and consistent with the economic and efficient management of the Centre (taking into consideration all the circumstances including the terms of the leases of other Lettable Units); and must take into consideration current practice in estate management if the Service Charge Code is no longer published. [The Landlord will take reasonable steps to notify the Tenant in advance of the service charge budget for each Accounting Period and of any material changes in the service charge budget that subsequently arise.] Centre Services101 Services100 Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Centre and all Common Parts and Conducting Media, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the Centre, Common Parts and Conducting Media and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning any facilities (including means of access, Conducting Media, party walls and other boundary structures) used in common between the Centre and any adjoining premises, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the facilities used in common and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Lighting the Common Parts. Lighting the exterior of the Centre and any facilities used in common between the Centre and any adjoining premises. Heating, [providing air-conditioning to] and ventilating the [Common Parts] [Centre]102Centre]101. Providing hot and cold water to, and maintaining operational supplies in, the toilets in the Common Parts. Paying Supply Costs incurred in providing the Services. Storing, compacting, recycling and disposing of refuse. Providing, inspecting, maintaining (including by maintenance contracts and insurance against sudden and unforeseen breakdown), repairing, renewing, replacing, upgrading and operating: all plant, machinery, apparatus and vehicles used in providing the Centre Services and all signage in the Common Parts; and security, fire-fighting and fire detection equipment (excluding portable fire extinguishers in the Premises), fire alarm systems, public address systems, telecommunications systems, closed circuit television systems and traffic control[ and all other Centre Management Systems]. [Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Centre and otherwise in connection with the Centre Services.] Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the Centre. Managing and administering service charge accounts for the Services including, where relevant, certifying, examining or auditing those accounts. Additional Services103 Services102 Paying all existing and future rates, taxes, duties, charges and financial impositions charged on the Common Parts or the Centre as a whole (and a fair proportion of those levied on the Centre along with any adjoining premises). Providing accommodation for staff, plant, furniture, equipment and vehicles used in providing the Services, and all outgoings on them. Employing or procuring agents, contractors or others as the Landlord decides in connection with the Services. Planting, replanting and maintaining landscape features in the Common Parts. Providing customer service facilities for visitors to the Centre, including guest Wi-Fi services. Providing pest and infection control. Gritting, and clearing snow from, the Common Parts. Promoting and advertising the Centre and staging activities and exhibitions within the Centre. Providing seasonal decorations within the Centre. Providing any further services for maintaining and securing the amenities of the Centre. Auditing health and safety requirements for the Centre and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing disabled access requirements for the Centre and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing the Environmental Performance of the Centre and, where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Centre from time to time. Carrying out or implementing any Recommended Improvement Measures, Operational Rating Measures or any other works or measures to implement any Action Plan in respect of all or any part of the Common Parts (or any other similar or replacement obligation) from time to time104.time103. Service Charge exclusions Costs arising from any damage or destruction to the Centre caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Centre. Costs of upgrading, innovation or improvement resulting from any repair, maintenance, reinstatement, rebuilding or replacement, but this will not prevent the Landlord including costs within the Service Costs which arise: where an item is to be replaced by way of repair and the replacement is broadly the modern day or up-to-date equivalent of what was there previously; where the Landlord considers replacement to be more economical than repair (and the Landlord is entitled to take into consideration the medium/long-term benefits of replacement); where an item has to be replaced or installed to comply with any Act or the requirements of the insurers; or where replacement or renewal is reasonable and cost-effective and will reduce operating costs for the benefit of the tenants of the Lettable Units[ or improve for the tenants the Environmental Performance of the Centre]. Costs incurred in respect of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Centre. Unrecovered costs due from another tenant of the Centre. Costs incurred in dealing with the Landlord's interest in the Centre, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord's interest in the Centre. [Costs incurred in running and maintaining the Car Park at the Centre where parking is charged for and the Landlord keeps the charges.]104 Weighting105
Appears in 1 contract
Samples: Lease
