PROVIDED ALWAYS AND IT. IS HEREBY EXPRESSLY AGREED AND DECLARED by and between the Lessor the Minister for Lands and Surveys and the Lessee as follows: —
(1) THAT it shall be lawful at all times for the Lessor —
(i) to grant to the Lessor in right of the State of Western Australia or of the Commonwealth of Australia easements (including easements without dominant tenements) or rights over the demised premises for any public purpose or purpose approved by the Lessor;
(ii) to require the Lessee to consent to the granting of such easements (including easements without dominant tenements) or rights in or over the demised premises as may from time to time be reasonably necessary for the overall development or use of the demised premises or for the overall development or use of the surrounding lands; and
(iii) to use or permit the use of the demised premises as is reasonably necessary for the overall development or use of the demised premises or for the overall development or use of the surrounding lands. PROVIDED ALWAYS that no such grant requirement use or permission to use shall be made if such grant requirement use or permission to use (as the case may be) would unduly prejudice the Lessee or unduly interfere with the operations of the Lessee under the Agreement.
(2) THAT subject to the Agreement all rights in the demised premises (other than those expressly or impliedly granted under this lease) are reserved to the Lessor or the Minister for Lands and Surveys as the case may be.
(3) THAT upon the determination of this lease which may be determined by effluxion of time or pursuant to the Agreement or by surrender it shall be lawful for the Lessor (without prejudice to any right of action of any one or more parties having rights hereunder in respect of any breach non‑performance or non‑observance of or non‑compliance with any of the covenants conditions and obligations contained herein and on the part of the Lessee to be performed observed or complied with and subject to subclause (6) of Clause 5 and to subclause (1) of Clause 24 of the Agreement) to re‑enter into and upon the demised premises or any part thereof in the name of the whole and the same to have again repossess and enjoy as if this lease had never been executed and the house or houses sheds and other buildings used in connection with the demised premises and all plant and equipment necessary for the effective operation of the irrigation system on the demised premises shall then remain or become the absolute property of ...
PROVIDED ALWAYS AND IT. IS HEREBY AGREED AND DECLARED that the terms and conditions contained in this Agreement shall be in addition to and not in substitution for terms and conditions implied herein by virtue of Section 67 of the Movable Property Security Rights Act except so far as such implied terms and conditions are inconsistent with the terms and conditions hereof in which case the terms and conditions hereof shall prevail.
PROVIDED ALWAYS AND IT. IS HEREBY AGREED as follows:
PROVIDED ALWAYS AND IT. IS HEREBY AGREED AND DECLARED that the terms and conditions contained in this Agreement shall be in addition to and not in substitution to the laws of the Republic of Uganda.
15.1 Termination of this Agreement for any cause shall not release either Party from any liability which at the time of termination has already accrued to the other Party or which thereafter may accrue in respect of any act or omission prior to such termination.
PROVIDED ALWAYS AND IT. IS HEREBY MUTUALLY AGREED between the parties as follows:
PROVIDED ALWAYS AND IT is hereby agreed that:
a) If the Property shall at any time during the term be destroyed or damaged by fire and/or explosion or otherwise and so be unfit for occupation and use in general, this lease shall end immediately but without prejudice to the rights of the parties hereunder.
b) The Landlord shall not be liable to the tenant by reason of, and the tenant shall make no objection or claim in respect of any noise vibration or disturbance that may be caused by any work or alteration or construction repair or maintenance to any part of the accommodation, or to any adjoining or adjacent property. The Landlord shall not be liable for any external factors of nuisance, noise, vibration or pollution to which the Landlord has no direct influence or business with. The tenant shall not be entitled to object to any interference with the access of light and air to the accommodation caused by any such works or any alterations or additions to the accommodation. The Landlord will ensure that at all times during the tenancy, the tenant will be informed promptly of such works.
c) The Landlord reserves the right to change the Accommodation allocated to the tenant under this lease for the purposes of good management of its accommodation and the tenant will comply with such requirement.
d) If the tenant is required to move during the Period of Occupancy, the Landlord will take all reasonable steps to ensure that alternative accommodation of a similar standard to the Accommodation is allocated within the same Residence. However, in exceptional circumstances (for example, where there is a Leak or heating issues) tenants may be required to move to an Accommodation of a different standard and/or in a different Residence on a temporary basis.
PROVIDED ALWAYS AND IT. IS HEREBY AGREED that after the expiration of each period of five years (the time in each case being computed from the commencement date and the date of expiration of each such period being hereinafter referred to as the "relevant review date") the yearly rent first hereby reserved for the time being payable hereunder shall be reviewed (the Landlord being entitled at any time within the period of twelve months next before the relevant review 51. date or at any time thereafter to serve notice in writing upon the Tenant requiring a review of the rent hereby reserved) and from and after each relevant review date the yearly rent payable in respect of the demised premises shall be such sum (the "reviewed rent") as shall be agreed between the Landlord and the Tenant (or determined as hereinafter appearing) as represents the best yearly open market rack rental value of the demised premises as at the relevant review date as between a willing landlord and a willing tenant without taking a fine or premium for a term of years commencing on the relevant review date and equal in length to the whole of the term with vacant possession and taking no account of
(i) any goodwill attributable to the demised premises by reason of any trade or business carried on therein by the Tenant
(ii) any improvements to the demised premises carried out during the term by the Tenant with the consent of the Landlord other than any
PROVIDED ALWAYS AND IT. IS HEREBY AGREED that if the rent hereby reserved or any part thereof shall remain unpaid for 21 days after it has been demanded or if any covenants on the part of the Tenant herein contained shall not be performed or observed then and in any such case it shall be lawful for the Landlord at any time thereafter to re-enter upon the Demised Premises or any part thereof in the name of the whole and thereupon this demise shall absolutely determine but without prejudice to any right of action of either party hereto in respect of any antecedent breach of any covenant by the other party herein contained or to the right of the Tenant to enter the Demised Premises and to remove therefrom all such plant cables and other apparatus as aforesaid and other property of the Tenant. 5Declaration
PROVIDED ALWAYS AND IT. IS HEREBY AGREED AND DECLARED by and between the
PROVIDED ALWAYS AND IT. IS HEREBY EXPRESSLY AGREED as follows:-
(a) That the Lessor shall be entitled by notice in writing given to the Lessee at any time during the review period (as hereinafter defined) to call for a review of the yearly rent payable to the Lessor in respect of the demised premises and if upon review it shall be found that the commercial yearly rent (as hereinafter defined) of the demised premises at the review date (as hereinafter defined) next following the commencement of the review period in question shall on the occasion of such review be greater in amount then the yearly rent hereinbefore reserved (as revised and increased if such be the case on any previous review) and for the time being payable then as from the review date in question the amount of the yearly rent payable to the Lessor in respect of the demised premises shall be increased in manner following and thenceforth the said rent shall be paid by the Lessee at such increased rate to the Lessor;
(b) for the purposes of this sub-Clause the following expressions bear the meanings assigned to them as follows:-
