Common use of Qualifications on the Landlord Clause in Contracts

Qualifications on the Landlord. s obligation to reinstate 5.5.1 The Landlord is not obliged to reinstate damage caused by an Insured Risk if: 5.5.1.1 the Insurer would be entitled to refuse to pay the whole or any part of the cost of reinstating the damage because of any act or omission of the Tenant or an Invitee, and the Tenant fails to make up the shortfall under clause 5.6.5; or 5.5.1.2 it cannot obtain every necessary Legislative Consent; or 5.5.1.3 a necessary Legislative Consent is granted subject to a lawful condition and it would be unreasonable to expect the Landlord to comply with that condition; or 5.5.1.4 the planning or highway authority insists that as a precondition to giving a necessary Legislative Consent the Landlord must enter into an agreement with the authority containing a term where it would be unreasonable to expect the Landlord to comply with that term; or 5.5.1.5 there is a defect in the site of the Property so that reinstatement could not be carried out or could be carried out only at excessive cost; or 5.5.1.6 it is prevented from reinstating by any other reason outside the Landlord's control. 5.5.2 The Landlord may so reinstate the Property in a different form to that existing before the damage occurred where the variation: 5.5.2.1 is required either by the Insurer, a third party or to comply with a Legislative Requirement; or 5.5.2.2 reflects good building practice then current; or 5.5.2.3 is reasonably required by the Landlord for some other reason, but any such variation must not make the Property materially different in size or less amenable than it was before the damage occurred. 5.5.3 The Landlord's obligation to insure the Property does not include an obligation to insure or to reinstate the Tenant's Fittings unless: 5.5.3.1 such items have been installed in the Property by the carrying out of alterations made to the Property with the Landlord's consent; 5.5.3.2 the Tenant notifies the Landlord that it has carried out the alterations and includes details of the reinstatement cost of the alterations; and 5.5.3.3 the Tenant pays any increased premium payable as a result of the alterations.