Liquor Licence. The Lessee must not make an application for a liquor licence issued under the Liquor Licensing Act 1997 (“Licensing Act”) without the Council’s consent (in both its capacity as a statutory authority and lessor under this Lease) and the Lessee acknowledges that any application will be subject to the Lessor’s liquor licensing policy and that if a licence is granted: 6.6.1 the Lessee maintain any licence or such other necessary licences, permits, approvals and consents and the Lessee must not do, omit or cause to be done or omitted any act, matter or thing as a result of which any such licence issued in respect of the Leased Premises to be suspended, forfeited or removed; 6.6.2 the Lessee must not apply to the licensing authority to decrease or restrict the hours of trading permitted under the licence; 6.6.3 the Lessee must (at the cost and expense of the Lessee) at all times during the Term comply with, observe, carry out and perform the requirements of the Licensing Act and each and every order, direction and requirement relating to the Leased Premises of the licensing authority or of any inspector, officer or person appointed by the licensing authority; 6.6.4 the Lessee must not without the Council’s approval remove or apply to transfer any licence issued under the Licensing Act in respect of the Leased Premises to any other premises during the Term; 6.6.5 if the Lessee or the manager, licensee of any employee of the Lessee shall receive or be served with any summons, complaint or any other legal process or any notice of communication from any person or authority relating to the Leased Premises, the Lessee must immediately inform the Council of all necessary particulars and surrounding circumstances and events; 6.6.6 following the termination or expiry of this Lease the Lessee shall transfer to the Council or its nominee at the cost of the Lessee the licence and all other such licences, permits, approvals and consents.
Appears in 3 contracts
Samples: Park Lands Lease Agreement, Park Lands Lease Agreement, Park Lands Lease Agreement
Liquor Licence. The Lessee must not make (a) Nothing in this Agreement shall be construed as an assignment of the Liquor Licence or an attempt to transfer the Liquor Licence to the Purchaser.
(b) Forthwith after the Effective Date:
(i) the Purchaser and Vendor shall each execute: (A) an application for a liquor licence issued under transfer of the Liquor Licensing Act 1997 Licence; and (“Licensing Act”B) without an Authorization to Contract Out; and
(ii) the Council’s consent Purchaser shall file (in both its capacity as a statutory authority and lessor under this Lease) and the Lessee acknowledges that any application will be subject to the Lessor’s liquor licensing policy and that if a licence is granted:
6.6.1 the Lessee maintain any licence or such other necessary licences, permits, approvals and consents and the Lessee must not do, omit or cause to be done or omitted any actfiled) with the applicable Governmental Authority, matter or thing as a result of which any such licence issued in respect at the Purchaser’s sole cost and expense, each of the Leased Premises documents referred to in Section 8.6(b)(i).
(c) Notwithstanding any term or condition of this Agreement or of the Liquor Licence Act (Ontario), including the regulations thereunder, the Authorization to Contract Out shall be suspended, forfeited or removed;
6.6.2 effective for a period commencing on Closing and terminating at the Lessee must not apply earlier of: (i) 5:00 p.m. on the date that is 180 days after the Closing Date; and (ii) the transfer of the Liquor Licence to the licensing authority Purchaser, and thereafter shall be of no further force and effect.
(d) The parties acknowledge and agree that:
(i) the Vendor is not making any representations and warranties to decrease the Purchaser with respect to the Liquor Licence, including that: (i) the Liquor Licence is transferable or restrict assignable to the hours of trading permitted under Purchaser; or (ii) the licence;
6.6.3 the Lessee must (at the cost and expense application for transfer of the LesseeLiquor Licence or Authorization to Contract Out will be accepted or approved by the applicable Governmental Authority; and
(ii) at all times during the Term comply with, observe, carry out and perform acceptance or approval by the requirements applicable Governmental Authority of:
(i) the application for transfer of the Licensing Act Liquor Licence or the Authorization to Contract Out; (ii) the transfer of the Liquor Licence to the Purchaser; or (iii) any application by the Purchaser for a new liquor licence, in each case, shall not be a condition of Closing. If at any time any of the foregoing are temporarily or finally denied or delayed for any reason, such denial or delay shall not affect in any manner whatsoever the obligations of the parties under this Agreement and each the Closing shall take place without delay or interruption.
(e) In the event that the Authorization to Contract Out is accepted and every orderapproved by the applicable Governmental Authority, direction then the Purchaser agrees to indemnify and requirement save harmless the Vendor and their respective limited partners, shareholders, directors, officers, employees and agents from and against any and all Claims arising out of or relating to the Leased Premises use of the licensing authority or of any inspector, officer or person appointed Liquor Licence by the licensing authority;Purchaser.
6.6.4 (f) If an Authorization to Contract Out is approved by the Lessee must not without applicable Governmental Authority, then the Council’s approval remove or apply to transfer any licence issued under the Licensing Act in respect of the Leased Premises to any other premises during the Term;Purchaser shall deliver a copy thereof at Closing.
6.6.5 if the Lessee or the manager, licensee of any employee of the Lessee shall receive or be served with any summons, complaint or any other legal process or any notice of communication from any person or authority relating to the Leased Premises, the Lessee must immediately inform the Council of all necessary particulars and surrounding circumstances and events;
6.6.6 following the termination or expiry (g) The provisions of this Lease Section 8.6 shall survive the Lessee shall transfer to the Council or its nominee at the cost of the Lessee the licence and all other such licences, permits, approvals and consentsClosing.
Appears in 1 contract
Samples: Purchase and Sale Agreement