LANDLORD’S WORKS. 4.1 The Parties expressly agree that the Landlord shall execute at its own cost the construction work of the Offices of the Property, which shall form an integral part of the Property and shall be the property of the Landlord (the “Landlord’s Works”).
4.2 During the Landlord’s Works, the Landlord undertakes to:
(a) Comply with the Technical Specifications attached as Annex 2;
(b) Act professionally and in accordance with usual practice in the construction sector;
(c) Proceed in accordance with the applicable regulations and the permits granted for the Landlord’s Works.
4.3 The Landlord shall make its best efforts to complete the Landlord’s Works within four (4) months from today's date (the “Landlord’s Works Completion Date”). Once the Landlord’s Works have been completed, the Landlord shall notify the Tenant without delay. If the Landlord's Works are delayed due to Force Majeure, the Landlord shall notify the Tenant of such circumstance, indicating the delay provided for on the Landlord's Works Completion Date. In the event of disagreement by the Tenant, each of the Parties shall be entitled to submit the discrepancy to the Independent Expert. The Landlord states that it has made its best efforts to take into account the COVID-19 pandemic and its known consequences as of the date of signature in the planning of the Landlord’s Works and in the estimation of the Landlord’s Works Completion Date. However, the Parties acknowledge and agree that it is not possible to fully anticipate the actual impact that the COVID-19 pandemic and that the measures to be taken to counter it will have in the process of executing the Landlord's Works. So, the Parties agree that despite being aware of the existence of the pandemic and the corresponding measures taken prior to the date of signing this Agreement, any event that results from COVID-19 infection and/or countermeasures that could not be fully predicted or anticipated prior to the signing of the Agreement (such as prolonged inactivity by competent authorities, work quarantines, etc.) will be considered a Force Majeure event:
(a) for which Landlord shall not be liable;
(b) for which all actions and claims for damages of the Tenant against the Landlord are hereby excluded; and
(c) for which the Landlord's Works Completion Date will be extended for a reasonable period of time according to the period of time in which the execution of the Landlord's Works has been affected, without the Tenant being able to terminate or with...
LANDLORD’S WORKS. Following practical completion of the Landlord's Works in accordance with this Agreement, the Landlord will commission a chartered building surveyor to prepare a schedule of condition recording the state of repair and condition of the Premises for the purposes of clause 3.3 of the Lease (the First Schedule of Condition). The First Schedule of Condition shall contain photographs and written statements describing the state of repair and condition of the Premises. The parties shall (acting reasonably) collaborate together in good faith and agree the First Schedule of Condition as soon as possible after it has been prepared. In the event that the parties cannot agree the First Schedule of Condition within 30 days after the date of practical completion of the Landlord's Works then in respect of any matters which are not agreed between the parties either party shall be entitled to request that the same is determined by an Independent Person in accordance with clause 21. Following agreement or determination of the First Schedule of Condition pursuant to this clause, both parties shall ensure that the First Schedule of Condition shall be annexed to their respective counterparts of the Lease.
LANDLORD’S WORKS. 15.1 [The landlord will carry out the following works to the property prior to the grant of the lease: [DETAILS OF ANY LANDLORD'S WORKS]
15.2 OR
15.3 The property will be let as seen].
LANDLORD’S WORKS. The Landlord shall as soon as possible after the date of this Agreement carry out and complete at their own cost the works listed in Schedule 2 such works to be carried out in a good and workmanlike manner using good quality new materials to the Tenant’s reasonable satisfaction by no later than the Commencement Date.
LANDLORD’S WORKS. 1.1 The Landlord and Tenant acknowledge that the Landlord’s Works may be needed to the Property.
1.2 The Landlord and the Tenant will attempt to agree (acting reasonably) as soon as reasonably practicable following the date hereof on what, if anything, constitutes the Landlord’s Works and once agreement has been reached and on the basis of the Landlord’s Works are agreed to be necessary the parties will agree on the Cost and the Method Statement (acting reasonably) and the Landlord will then carry out the Landlord’s Works (at the joint costs of the parties).
1.3 If the Landlord and the Tenant cannot so agree in accordance with paragraph 1.2 then any issues of disagreement will be referred to an expert for a decision in accordance with paragraph 4.
1.4 If and to the extent the Expert decides that Landlord’s Works are necessary then the Landlord will promptly carry out the Landlord’s Works (at the joint cost of the parties).
LANDLORD’S WORKS. 1Following practical completion of the Landlord's Works in accordance with this Agreement, the Landlord will commission a chartered building surveyor to prepare a schedule of condition recording the state of repair and condition of the Premises for the purposes of clause 3.3 of the Lease (the First Schedule of Condition).
LANDLORD’S WORKS. 3.1 The Landlord has obtained all necessary consents required for the Landlord’s Works.
3.2 The Landlord shall use reasonable endeavours to procure that the Landlord’s Works are carried out with due diligence and in a good and workmanlike manner using materials of good quality.
3.3 The Landlord shall give the Tenant not less than 5 working days’ notice of the Connection Date [Target Date].
LANDLORD’S WORKS. 7.1 The Landlord will use reasonable endeavours to keep the Tenant informed of the likely Practical Completion Date and the parties agree that a bi-annual update by e-mail from the Landlord to the Tenant shall be sufficient for the purpose of keeping the Tenant informed pursuant to this Clause 7.1.
7.2 The Landlord shall use reasonable endeavours following satisfaction of limbs (a) and (b) of the Initial Conditions Precedent to procure that the construction of the Property is carried out:
7.2.1 with due diligence and in a good and workmanlike manner;
7.2.2 using only good quality materials and well-maintained plant;
7.2.3 in accordance with this agreement, the Property Specification and the Requisite Consents;
7.2.4 in accordance with all statutory or other legal requirements and the recommendations or requirements of the local authority or statutory undertakings;
7.2.5 in compliance with all relevant British Standards, codes of practices and good building practice; and
7.2.6 by selecting and using materials so as to avoid known hazards to the health and safety of any person and to ensure the long term integrity of the Property.
7.3 The Landlord may make variations to the Property Specification, design, manner of construction and materials used for the Property without the Tenant's consent provided that the Property Specification shall at all times remain at least equivalent to the specification applicable to the "Paramount" brand.
LANDLORD’S WORKS. On or before the 31st day of December 2005 the Landlord will carry out the several works specified in Schedule 3 and in carrying out the works the Landlord shall:-
(a) obtain all consents which the Law requires; and
(b) carry out the works in a good and workmanlike manner in accordance with the specification contained in Schedule 3 diligently accordance with all statutory requirements and codes of practice and British standards and the Construction (Design & Management) Regulations 1994 insofar as they are relevant to such works; and
(c) complete the said works and make good any damage to the Property in the course of the works to the reasonable satisfaction of the Tenant This document has been executed as a deed and is delivered and takes effect on the date stated at the beginning of it.
LANDLORD’S WORKS. Problems can also arise in connection with works to be undertaken by the landlord and the following issues need to be addressed in the agreement for lease –
a. The landlord may have been required to enter into a Section 106 agreement which could contain onerous obligations and restrictions concerning the land to be demised and a tenant needs to ensure that any agreement is disclosed and the same would apply to any planning permission. Provisions relating to both or could have adverse consequences for the tenant.
b. The tenant should have disclosed to it as soon as is possible any plans, drawings and specifications relating to the works to be undertaken by the landlord.
c. The agreement should compel the landlord to apply for all relevant approvals as soon as possible after the agreement has been entered into or within a set time frame that is appropriate for the tenant. The approvals required need to be carefully considered but may include planning permission, building control consents and approvals, superior landlord consents and if appropriate mortgagees’ consents.
d. Remember that works and or lack of approval on other parts of the site might create problems in connection with premises and so consideration needs to be given to the development of the site as a whole.
e. If any approvals are subject to conditions, then it is vital that the agreement specifies that any conditions contained in the approval are complied with and a cutoff date set commonly the date of practical completion.
f. A landlord might want to preserve some flexibility with regard to works and could require provision allowing it to make modification to the building documents or the works it undertakes due to requirements of local authorities or architects. If this is the case then the tenant should require a limitation preventing any modification from substantially altering the design layout nature capacity or standard of constructions of the premises or prejudice the intended use of the premises by the tenant as specified in the lease. With retail tenants it could also be prudent to limit changes that impact on the size of the shop front or access.
g. In order for the tenant and advisors to monitor progress it is important that the tenant is permitted inspection rights during the works or at the very least towards the conclusion of the landlord’s works. Reasonable provision to allow inspection is required with a mechanism for the service of a defects notice if appropriate.
h. The agre...
