PROPERTY CARE CONTRACT. 7.1. Relationship between Property Care Contract and lease a. It is an essential term of this agreement that this agreement and the Property Care Contract run concurrently and end simultaneously to enable DHA to meet its obligations under the DHA Act. b. The parties acknowledge and agree that: (i) this agreement is interdependent with the Property Care Contract; (ii) if this agreement is terminated or is surrendered, the Property Care Contract automatically (and without the need for any action to be taken, or any notice to be given, by either party) terminates on the date of termination or surrender of this agreement; (iii) if the Property Care Contract is terminated: A. the tenant may deliver up vacant possession of the Premises for the purposes of section 60(1)(g) of the Residential Tenancies Xxx 0000 (WA); B. the parties acknowledge that this agreement constitutes an agreement in writing between the landlord and the tenant to terminate this agreement in the event (and regardless of when) the Property Care Contract is terminated, for the purposes of section 60(1)(g) of the Residential Tenancies Xxx 0000 (WA); and C. the tenant will not be obliged to pay any break fee to the landlord; (iv) in the event the landlord sells the Premises by way of Mid-Lease Sale, the landlord will ensure that any third party purchaser of the Premises (Third Party Purchaser) executes a deed of novation of the Property Care Contract in accordance with the terms of the Property Care Contract; and (v) if there is any inconsistency between the provisions in this agreement and the provisions in the Property Care Contract, the provisions in this agreement will prevail to the extent of the inconsistency. c. The parties acknowledge that (i) the Property Care Provider and the tenant are the same entity; (ii) DHA acts in 2 different capacities, namely as the tenant under this agreement and the Property Care Provider under the Property Care Contract; and (iii) DHA will be referred to in this agreement by either the name “tenant” or “Property Care Provider” (as appropriate) to clarify the relevant capacity in which DHA is acting.
Appears in 2 contracts
Samples: Residential Tenancy Agreement, Residential Tenancy Agreement
PROPERTY CARE CONTRACT. 7.1. 10.1 Relationship between the Property Care Contract and lease
a. (a) It is an essential term of this agreement that this agreement and the Property Care Contract run concurrently and end simultaneously to enable DHA to meet its obligations under the DHA Act.
b. (b) The parties acknowledge and agree that:
(i) this agreement is interdependent with the Property Care Contract;
(ii) if this agreement is terminated or is surrendered, the Property Care Contract automatically (and without the need for any action to be taken, or any notice to be given, by either party) terminates on the date of termination or surrender of this agreement;
(iii) if the Property Care Contract is terminated:
A. (A) the tenant Tenant may deliver up vacant possession vacate the Premises and the Landlord will be deemed to have consented to the vacation of the Premises for the purposes of section 60(1)(g) 218 of the Residential Tenancies Xxx 0000 Act 1997 (WAVic);
B. the parties acknowledge that (B) this agreement constitutes an agreement in writing between the landlord and the tenant to will terminate this agreement in the event (and regardless of when) the Property Care Contract is terminated, for the purposes of under section 60(1)(g) 218 of the Residential Tenancies Xxx 0000 Act 1997 (WAVic); and
C. (C) the tenant Tenant will not be obliged to pay any break fee to the landlordLandlord;
(iv) in the event the landlord Landlord sells the Premises by way of Mid-Lease Sale, the landlord Landlord will ensure that any third party purchaser of the Premises (Third Party Purchaser) executes a deed of novation of the Property Care Contract in accordance with the terms of the Property Care Contract; and
(v) if there is any inconsistency between the provisions in this agreement and the provisions in the Property Care Contract, the provisions in this agreement will prevail to the extent of the inconsistency.
c. (c) The parties acknowledge that
(i) the Property Care Provider and the tenant Tenant are the same entity;
(ii) DHA acts in 2 different capacities, namely as the tenant under this agreement and the Property Care Provider under the Property Care Contract; and
(iii) DHA will be referred to in this agreement by either the name “tenantTenant” or “Property Care Provider” (as appropriate) to clarify the relevant capacity in which DHA is acting.
Appears in 1 contract
Samples: Residential Tenancy Agreement
PROPERTY CARE CONTRACT. 7.1. 7.1 Relationship between Property Care Contract and lease
a. (a) It is an essential term of this agreement that this agreement and the Property Care Contract run concurrently and end simultaneously to enable DHA to meet its obligations under the DHA Act.
b. (b) The parties acknowledge and agree that:
(i) this agreement is interdependent with the Property Care Contract;
(ii) if this agreement is terminated or is surrendered, the Property Care Contract automatically (and without the need for any action to be taken, or any notice to be given, by either party) terminates on the date of termination or surrender of this agreement;
(iii) if the Property Care Contract is terminated:
A. (A) the tenant may deliver up give the landlord a notice of intention to leave the Premises and then hand over vacant possession of the Premises for on or after the purposes of handover day, in accordance with section 60(1)(g) 308 of the Residential Tenancies Xxx 0000 and Rooming Accommodation Act 2008 (WAQld);
B. the parties acknowledge that (B) this agreement constitutes an agreement will end in writing between the landlord and the tenant to terminate this agreement in the event (and regardless of when) the Property Care Contract is terminated, for the purposes of accordance with section 60(1)(g) 308 of the Residential Tenancies Xxx 0000 and Rooming Accommodation Act 2008 (WAQld); and
C. (C) the tenant will not be obliged to pay any break fee or reletting fee to the landlord;
(iv) in the event the landlord sells the Premises by way of Mid-Lease Sale, the landlord will ensure that any third party purchaser of the Premises (Third Party Purchaser) executes a deed of novation of the Property Care Contract in accordance with the terms of the Property Care Contract; and
(v) if there is any inconsistency between the provisions in this agreement and the provisions in the Property Care Contract, the provisions provision in this agreement will prevail to the extent of the inconsistency.
c. (c) The parties acknowledge that:
(i) the Property Care Provider and the tenant are the same entity;
(ii) DHA acts in 2 different capacities, namely as the tenant under this agreement and the Property Care Provider under the Property Care Contract; and
(iii) DHA will be referred to in this agreement by either the name “tenant” or “Property Care Provider” (as appropriate) to clarify the relevant capacity in which DHA is acting.
Appears in 1 contract
Samples: General Tenancy Agreement
PROPERTY CARE CONTRACT. 7.1. 7.1 Relationship between Property Care Contract and lease
a. (a) It is an essential term of this agreement that this agreement and the Property Care Contract run concurrently and end simultaneously to enable DHA to meet its obligations under the DHA Act.
b. (b) The parties acknowledge and agree that:
(i) this agreement is interdependent with the Property Care Contract;
(ii) if this agreement is terminated or is surrendered, the Property Care Contract automatically (and without the need for any action to be taken, or any notice to be given, by either party) terminates on the date of termination or surrender of this agreement;
(iii) if the Property Care Contract is terminated:
A. (A) the tenant may deliver up give the landlord a notice of intention to leave the Premises and then hand over vacant possession of the Premises for on or after the purposes of handover day, in accordance with section 60(1)(g) 308 of the Residential Tenancies Xxx 0000 and Rooming Accommodation Act 2008 (WAQld);
B. the parties acknowledge that (B) this agreement constitutes an agreement will end in writing between the landlord and the tenant to terminate this agreement in the event (and regardless of when) the Property Care Contract is terminated, for the purposes of accordance with section 60(1)(g) 308 of the Residential Tenancies Xxx 0000 and Rooming Accommodation Act 2008 (WAQld); andand Marketing Version
C. (C) the tenant will not be obliged to pay any break fee or reletting fee to the landlord;
(iv) in the event the landlord sells the Premises by way of Mid-Lease Sale, the landlord will ensure that any third party purchaser of the Premises (Third Party Purchaser) executes a deed of novation of the Property Care Contract in accordance with the terms of the Property Care Contract; and
(v) if there is any inconsistency between the provisions in this agreement and the provisions in the Property Care Contract, the provisions provision in this agreement will prevail to the extent of the inconsistency.
c. (c) The parties acknowledge that:
(i) the Property Care Provider and the tenant are the same entity;
(ii) DHA acts in 2 different capacities, namely as the tenant under this agreement and the Property Care Provider under the Property Care Contract; and
(iii) DHA will be referred to in this agreement by either the name “tenant” or “Property Care Provider” (as appropriate) to clarify the relevant capacity in which DHA is acting.
Appears in 1 contract
Samples: General Tenancy Agreement