OPERATIVE PART. The Lessor in exercise of the powers vested in him by section 5 of the Fishery Harbour Centres Act 1968, as amended by section 6 of the Fisheries and Foreshore (Amendment) Act 1998, in consideration of the sum of [€ 00] being the premium and the sum of €6,600 euros being the half yearly Initial Rent herein reserved the receipt of which are hereby acknowledged (including the increases or decreases thereof which may arise under the Seventh Schedule hereto) and the covenants on the part of the Lessee hereinafter contained HEREBY DEMISES unto the Lessee ALL THAT AND THOSE the Leasehold Area TOGETHER WITH the easements, rights and privileges specified in the Second Schedule EXCEPTING AND RESERVING unto the Lessor the rights and easements specified in the Third Schedule TO HOLD the Leasehold Area with the appurtenances unto the Lessee from and including the Term Commencement Date for the Term SUBJECT TO all rights, easements, privileges, covenants, restrictions and stipulations of whatsoever nature affecting the Leasehold Area and also SUBJECT TO the provisos set out in the Sixth Schedule hereto YIELDING AND PAYING unto the Lessor during the Term:
4.1 Yearly and proportionately for any fraction of a year the Initial Rent and, from and including each Rent Review Date (as defined in the Seventh Schedule), such yearly rent as becomes payable under the Seventh Schedule, and in every case the same is to be paid in the manner notified from time to time by the Lessor without any deduction by equal half yearly payments in advance on the Half Yearly Xxxx Days;
4.2 Any other sum recoverable by the Lessor as costs or expenses under this Lease, the same to be paid on demand. The Lessee hereby COVENANTS with the Lessor to perform and observe the covenants, conditions and stipulations set out in the Fourth Schedule hereto to the intent that the burden of the covenants shall run with and bind the Leasehold Area and every part thereof and that the benefit thereof may be annexed to the Adjoining Property and every part thereof. The Lessor hereby COVENANTS with the Lessee to perform and observe the covenants, conditions and stipulations set out in the Fifth Schedule hereto to the intent that the burden of those covenants shall run with and bind the Leasehold Area and every part thereof and that the benefit thereof may be annexed to the Adjoining Property and every part thereof. The address of the Lessee in the State for service of notices and its description is: [ County ]
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OPERATIVE PART. The Parties agree to contract for the provision and completion of certain services by the Contractor for the benefit of the Council (as further detailed in the Services Specification) and in accordance with and subject to the terms and conditions set out in these Contract Particulars and the Standard Terms and Conditions in Schedule 2 as amended by the Special Terms and Conditions in Schedule 1 and the other documents comprising the Contract as detailed further below.
OPERATIVE PART. In consideration of, among other things, the promises contained in this Deed, You agree:
OPERATIVE PART. The Parties agree:
OPERATIVE PART. You agree:
OPERATIVE PART. Subject to Clause 2 below the Consortium Members admit the New Consortium Member as a party to the Agreement with effect from the date of this deed.
OPERATIVE PART. IT IS AGREED that in consideration of the mutual covenants and promises hereinafter set forth, the parties agree as follows:
OPERATIVE PART. The Trustee in exercise of the power given to the Trustee by clause 21.1 of the Trust Deed and with the consent of more than 75% of the Beneficiaries hereby adds to and varies the Trust Deed and declares (inter alia) the following new or other powers authorities and discretions concerning the management, control or investment of the Trust Fund as follows:
2.1 delete the word “The” appearing after the words “Any trustee of the Trust may retire as trustee of the Trust.” in the existing clause 22.1 and replace it with the words “Subject to clause 22.3, the”;
2.2 insert after clause 22.2 the following:
22.3 The retiring or continuing trustee shall only be entitled to appoint any new or additional trustee of the Trust with the consent of not less than 75% of the Beneficiaries.
22.4 The Beneficiaries may at any time by Special Resolution:
(a) remove a Trustee from the office as trustee of the Trust; and
(b) appoint such new or additional Trustee. For the purposes of this clause 22.4, “Special Resolution” means a resolution passed or decision made by not less than 75% of the Beneficiaries.”
2.3 insert a new clause 13A as follows: Unless the Beneficiaries otherwise direct (such direction to be given by not less than 75% of the Beneficiaries), the Trustees shall delegate all of the powers authorities and discretions contained in subclauses (a) to (x) of clause 12 to the Board of Management. The Trustees shall, at the direction of the Board of Management, do such things as may be necessary to give effect to the exercise of a power, authority or discretion by the Board of Management.”
OPERATIVE PART. It is agreed by and between the parties as follows:
