Licensor’s Rights. (a) Notwithstanding anything contained in this Agreement, the Licensor reserves the right at any time prior to the commencement of the Fitting-Out Works, to designate another space of comparable size and location within the Station in place of the Event Space. The terms and conditions of this Agreement shall have effect in relation to such other space. (b) The Licensor shall have the right at any time to change the arrangement, and/or location of entrances, passage-ways, doors, doorways, partitions, corridors, landings, staircases, lobbies, lifts, toilets, Accessways or other public parts of the Station, or any service, or apparatus serving the Station and to change the name, number or designation by which the Station is known. (c) If at any time during the Licence Period: - (a) the Licensor undertakes any construction works (including addition or alteration works) in the Station or (b) any competent authority shall deem the Station or any part thereof as dangerous or unfit for occupation and the Station or any unauthorised structures, alterations and erections have to be pulled down or if the competent authority shall make a demolition order which shall become operative in respect of the Station or any part thereof or an order in respect of a part of the Station or a clearance order affecting the whole or any part thereof or if by reason of any order made pursuant to statute or statutory instrument (including rules and regulations), the Licensee shall be prevented from using the Event Space for the purpose permitted under the terms of this Agreement for any period, the licence hereby created shall at the option of the Licensor cease as from the date of written notice served by the Licensor PROVIDED ALWAYS that the Licensor shall not be liable to pay any compensation in respect of any interruption of occupation or other loss or damage whatsoever and howsoever caused by such demolition closing or clearance order. (d) If the Licensor decides to carry out any repair, refurbishment or renovation works or any alterations or additions to the Licensed Premises for any reason whatsoever (whether at the request of the Land Transport Authority or otherwise) as shall affect the Licensed Premises or any part thereof, the Licensor may terminate this Agreement by giving two (2) weeks' notice to the Licensee. Upon expiry of the two (2) weeks’ notice, this Agreement shall be terminated without prejudice to the rights of either party in respect of the antecedent breaches of the other. For the avoidance of doubt, the Licensee agrees that the Licensor shall not be liable to the Licensee for any costs or damages incurred or suffered by the Licensee as a result of termination by the Licensor under this sub-clause. (e) Notwithstanding anything herein, the Licensor shall have the right to terminate this agreement by giving written notice to the Licensee. The Licensor shall not be liable to the Licensee for any costs or damages incurred or suffered by the Licensee as a result of termination under this sub-clause and the Licensor shall not be obliged to provide any reason whatsoever for such termination.
Appears in 6 contracts
Samples: License Agreement, License Agreement, License Agreement
Licensor’s Rights. (a) Notwithstanding anything contained in this Agreement, the Licensor reserves the right at any time prior to the commencement of the Fitting-Out Works, to designate another space of comparable size and location within the Station in place of the Event Space. The terms and conditions of this Agreement shall have effect in relation to such other space.
(b) The Licensor shall have the right at any right, in Licensor’s sole discretion, from time to change time, to make changes to the arrangementsize, and/or location shape, location, number and extent of entrancesthe improvements comprising the Property (hereinafter referred to as (the “Licensor Changes”) including, passage-waysbut not limited to, doorsthe interior and exterior of any improvements on the Property, doorwaysthe common areas, partitionselevators, corridorselectrical systems, landingscommunication systems, staircasesfire protection and detection systems, lobbiesplumbing systems, liftssecurity systems, toiletsparking control systems, Accessways driveways, entrances and landscaped areas. In connection with the Licensor Changes, Licensor may, among other things, erect scaffolding or other public parts structures at the Property, limit or eliminate access to portions of the StationProperty, including portions of the common areas and roof, or perform work at the Property, which work may create noise, dust or leave debris in or around the Property. Licensee hereby agrees that such Licensor Changes and Licensor’s actions in connection with such Licensor Changes shall in no way constitute a constructive eviction. Licensor shall have no responsibility or for any service, reason be liable to Licensee for any direct or apparatus serving the Station and indirect injury to change the name, number or designation by which the Station is known.
(c) If at any time during the Licence Period: - (a) interference with Licensee’s business arising from the Licensor undertakes Changes, nor shall Licensee be entitled to any construction works (including addition compensation or alteration works) damages from Licensor for any inconvenience or annoyance occasioned by such Licensor Changes or Licensor’s actions in connection with such Licensor Changes, except for injury to Licensee caused by the Station sole negligence or (b) any competent authority shall deem willful misconduct of Licensor in conducting such Licensor Changes. Licensee acknowledges that Licensor may decide, in its sole discretion, from time to time, to make repairs to the Station or any part thereof as dangerous or unfit for occupation and the Station or any unauthorised structures, alterations and erections have to be pulled down or if the competent authority shall make a demolition order which shall become operative in respect roof of the Station building on the Property or any part thereof to replace all or an order in respect of a part of the Station or a clearance order affecting the whole or any part thereof or if by reason of any order made pursuant to statute or statutory instrument (including rules and regulations), the Licensee shall be prevented from using the Event Space for the purpose permitted under the terms of this Agreement for any period, the licence hereby created shall at the option roof of the building on the Property (hereinafter the “Roof Repairs”). If Licensor cease as from the date of written notice served by the Licensor PROVIDED ALWAYS elects to make Roof Repairs, Licensee shall, upon Licensor’s request, and at Licensee’s cost temporarily remove or relocate Licensee’s Telecom Equipment so that the Roof Repairs may be completed. Licensor shall not be liable to pay any compensation in respect of any interruption of occupation or other loss or damage whatsoever and howsoever caused by such demolition closing or clearance order.
(d) If the Licensor decides to carry out any repair, refurbishment or renovation works or any alterations or additions to the Licensed Premises for any reason whatsoever (whether at the request of the Land Transport Authority or otherwise) as shall affect the Licensed Premises or any part thereof, the Licensor may terminate this Agreement by giving two (2) weeks' notice to the Licensee. Upon expiry of the two (2) weeks’ notice, this Agreement shall be terminated without prejudice to the rights of either party in respect of the antecedent breaches of the other. For the avoidance of doubt, the Licensee agrees that the Licensor shall not be liable to the Licensee for any damages, lost profits or other costs or damages expenses incurred or suffered by the Licensee as a the result of termination by the Licensor under this sub-clause.
(e) Notwithstanding anything herein, the Licensor shall have the right to terminate this agreement by giving written notice to the Licensee. The Licensor shall not be liable to the Licensee for any costs or damages incurred or suffered by the Licensee as a result of termination under this sub-clause and the Licensor shall not be obliged to provide any reason whatsoever for such termination.Roof
Appears in 1 contract
Samples: Antenna Site License Agreement