PROVIDED ALWAYS. (i) where at any time any budgets prepared by the Manager are revised as hereinbefore provided there shall be added to or deducted from the amount of the Advance Payment payable on the first day of each month for the remainder of the current financial year after such revision an amount equal to the difference between the relevant Management Charges in respect of the current financial year payable by the Owner concerned prior to such revision and the relevant Management Charges payable by that Owner in accordance with the revised budget divided by the number of complete months from the date of such revised budget to the end of the then current financial year; (ii) first day of the month immediately following the close of any financial year and on the first day of each of such subsequent months before the budget for the then financial year shall have been prepared and approved there shall be paid on account an amount equal to the Advance Payment payable by that Owner for the last month of the preceding financial year.
PROVIDED ALWAYS. The BUILDER is obliged to do its utmost to avoid or minimise the Force Majeure Delay.
PROVIDED ALWAYS a) That subject always to the constraints of the Rules of the League it the Professional is not able to fulfil his engagement with the Club as provided by this agreement for any cause whatsoever the Club shall arrange for a substitute to fulfil the Club's League engagements and shall deduct from the remuneration of the Professional the cost of such substitute of substitutes. The Professional shall use his best endeavours to assist the Club in the engagement of a substitute Professional.
PROVIDED ALWAYS and it is hereby agreed as follows:-
a) If and whenever any part of the Rent hereby reserved shall be in arrears, the same may be recovered from the Lessee as arrears of Land Revenue under the Provision of Goa Land Revenue under the provisions of the Goa Daman and Diu Public Moneys (Recovery of Dues) Act, 1986 of the Goa Land Revenue Code 1968 without prejudice to any other mode of recovery.
b) All arrears will be charged penal interest at the rate of 18% per annum.
c) In the event an allottee hands over the physical possession of the land/plot to a third party, it will be deemed to be an unauthorized transfer which shall not be recognized for any purpose and the Corporation shall levy a penalty equal to 10% per year or part thereof, of the prevailing premium rate per square meters for the plot area from the date of such unauthorized transfer, for having violated this regulations in addition to the applicable transfer fees. Should the allottee fail to regularize the unauthorized transfer by payment of fees and penalty within a notice period of 30 days the Corporation shall re-enter upon and resume the possession of the plot of Goa Industrial Development Corporation Transfer and Sublease Regulations, 2014.
d) In an event the Lessee/Allottee sub-leases or hands over the physical possession of the land/plot to a third party, it will be deemed to be an unauthorized sub-lease which shall not be recognized for any purpose, and the Corporation shall levy a penalty equal to 20% per year or part thereof of the prevailing sub-lease fees, calculated from the date of such unauthorized sub-lease for having violated these regulations in addition to the applicable sub-lease fees. Should the allottee fail to regularize the unauthorized sub-lease by payment of fees and penalty within a notice period of 30 days, the Corporation shall re-enter upon and resume the possession of the plot.
e) That the Lessee shall not directly or indirectly be entitled to transfer, assign, sell, encumber, sublet or part with its interest or benefit or possession in the demised premises and / or the said shed and the building thereon except with the prior permission from the Lessor and accordance with the stipulations as set out in the sale deed, which is being simultaneously executed along with this deed by and between the parties hereto. Such permission, if granted, will be subject to such terms and conditions including the levy of transfer fees as may be decided by the Lessor from time to tim...
PROVIDED ALWAYS. PROVISO FOR RE-ENTRY
(a) If any of the rents hereby reserved or any part thereof shall be unpaid for 21 days after becoming due (whether formally demanded or not) or
(b) if there shall be any breach of any Tenants covenants herein contained or
(c) if the Tenant shall:-
(i) enter into any arrangement or composition or scheme for the benefit of its creditors or apply to the Court for an Interim Order under Part VIII of the Insolvency Act 1986 or
(ii) permit any execution to be lexxxx xx the demised premises or
(iii) be unable (or has no reasonable prospect of being able) to pay a debt within the meaning of Sections 267 and/or 268 and/or 269 of the Insolvency Act 1986 or (not being a company) shall bexxxx xxxolvent or bankrupt or have a Bankruptcy Order or have an Interim Order under Part VIII of the Insolvency Act 1986 made against him or if the Tenant xx xxxx xxxx one person all or any of such persons or
(iv) (being a company) enter into liquidation (whether compulsory or voluntary save for the purpose of amalgamation or reconstruction without insolvency) or have an Administration Order made against it or if a Receiver shall be appointed of the Tenant the Landlord may in any such case enter the demised premises or any part thereof in the name of the whole and thenceforth peaceably hold and enjoy the same as if these presents had not been made but without prejudice to any right of action or remedy of the Landlord in respect of any antecedent breach of any of the covenants by the Tenant herein contained
(d) In this Lease the words "Composition" "Scheme" Bankruptcy Order" and "Administration Order" shall have the meanings given to them in the Insolvency Act 1986 or any statutory re-enactment modification or amendment thereof NO RIGHTS OF LIGHT
PROVIDED ALWAYS. That in the event of the Landlord being unable to reinstate the demised premises substantially in accordance with its existing plan and elevation due to refusal of planning or other approvals consents or licences the Tenant agrees to surrender this Lease when called upon by the Landlord so to do.
PROVIDED ALWAYS. 25.3.4.1 the Contractor shall use constantly his best endeavours to prevent delay in the progress of the Works, howsoever caused, and to prevent the completion of the Works being delayed or further delayed beyond the Completion Date; and
25.3.4.2 the Contractor shall do all that may reasonably be required to the satisfaction of the Employer to proceed with the Works.
PROVIDED ALWAYS and it is expressly agreed and declared that without prejudice to any other ground on which the Landlord may be entitled to withhold or refuse its consent the Landlord shall be entitled and it shall be deemed reasonable for the Landlord to refuse its consent to any alienation if:
(a) the proposed assignee undertenant or other person as aforesaid intends to alter the user of the Premises or any part of it in a manner which would be prohibited under the provisions of this Lease relating to permitted user of the Premises or under any superior lease or other deed or document affecting the Premises or the Landlords title;
(b) in the Landlord’s reasonable opinion there are at the date of the application for consent any material outstanding breaches of any of the covenants on the part of the Tenant or conditions contained in this Lease;
(c) in the Landlord’s reasonable opinion the alienation is to a person Connected to the Landlord; or
(d) where the proposed assignee or undertenant or other person as aforesaid enjoys diplomatic or state immunity.
PROVIDED ALWAYS notwithstanding clause 13.1, the Lessee may at any time and from time to time:
(a) transfer or assign its interest as Lessee under this Lease, or grant a sublease or licence of the whole or any part(s) of the Land, to any Government Agency; and/or
(b) grant a sublease or licence of the whole or any part(s) of the Land to any other person, in either case without further reference to the Lessor, who will be deemed to have approved such a transfer, assignment or sublease and will immediately sign any document necessary to give effect to such a transfer, assignment or sublease, if so requested by the Lessee.
PROVIDED ALWAYS that notwithstanding the foregoing provisions of this Clause no consent shall be required for the Tenant for sharing occupation of the Demised Premises or any part thereof with any Group Company provided that no relationship of Landlord and Tenant shall be created thereby and that such occupation shall cease upon the occupant ceasing to be a Group Company
