Common use of Reinstatement and Termination if Prevented Clause in Contracts

Reinstatement and Termination if Prevented. 7.5.1 If and whenever during the Term: 7.5.1.1 the Premises or any part of them are damaged or destroyed by any of the Insured Risks or Insured Risks except one against which insurance may not ordinarily be arranged with an insurer of repute for properties such as the Premises unless the Landlord has in fact insured against that risk and 7.5.1.2 the payment of the insurance money is not refused in whole or in part by reason of any act or default of the Tenant or anyone at the Premises expressly or by implication with the Tenant s authority and under the Tenant s control the Landlord shall use its reasonable endeavour to obtain all planning. permissions or other permits and consents that may be required under the Planning Acts or other Statutes (if any) to enable. The Landlord to rebuild and reinstate ('Permissions ) 7.5.2 Subject to the provisions of clauses 7.5.3 and 75.4 the Landlord shall as soon as the Permissions have been obtained or immediately where no Permissions are required apply all money received in respect of such insurance (except sums in respect of loss of Rent) in rebuilding or reinstating the Premises so destroyed or damaged 7.5.3 For the purposes of this clause the expression 'Supervening Events means: 7.5.3.1 the Landlord has failed despite using its reasonable endeavour to obtain the Permissions 7.5.3.2 any of the Permissions have been granted subject to lawful condition with which it would be impossible for (or in all the circumstances it would be unreasonable to expect) the Landlord to comply 7.5.3.3 some defect or deficiency in the site upon which the rebuilding or reinstatement is to take place would render the same impossible or would mean that the same could only be undertaken at a cost that would be unreasonable in all the circumstances 7.5.3.4 the Landlord is unable to obtain access to- the site for the purposes of rebuilding or reinstating 7.5.3.5 any other circumstances beyond the control of the Landlord 7.5.4 The Landlord shall not be liable to rebuild or reinstate the Premises if and for so long as such rebuilding or reinstating is prevented by Supervening Events 7.5.5 If upon the expiry of a period of three years commencing on the date of the damage or destruction the Premises have not been rebuilt or reinstated so as to be fit for the Tenant's occupation and use: 7.5.5.1 the Term will absolutely cease but without prejudice to any rights or remedies that may have accrued to either party against the other. 7.5.5.2 all monies received in respect of the insurance effected by the Landlord pursuant to this Clause shall belong to the Landlord

Reinstatement and Termination if Prevented. 7.5.1 7.6.1 If and whenever during the Term:Term:- 7.5.1.1 7.6.1.1 the Premises or any part of them are damaged or destroyed by any of the Insured Risks or Insured Risks except one against which insurance may not ordinarily be arranged with an insurer of repute for properties such as the Premises unless the Landlord has in fact insured against that risk risks and 7.5.1.2 7.6.1.2 the payment of the insurance money is not refused in whole or in part by reason of any act or default of the Tenant or anyone at the Premises expressly or by implication with the Tenant s Tenant’s authority and under the Tenant s Tenant’s control the Landlord shall use its reasonable endeavour best endeavours to obtain all planning. planning permissions or other permits and consents that may be required under the Planning Acts or other Statutes statutes (if any) to enable. The enable the Landlord to rebuild and reinstate ('Permissions “the Permissions”) 7.5.2 7.6.2 Subject to the provisions of clauses 7.5.3 clause 7.6.3 and 75.4 7.6.4 the Landlord shall as soon as the Permissions have been obtained or immediately where no Permissions are required apply for all money received in respect of such insurance (except sums in respect of loss of Rentrent) in rebuilding or reinstating the Premises so destroyed or damageddamaged making up any difference between the cost of rebuilding and reinstating and the money received out of the Landlord’s own money 7.5.3 7.6.3 For the purposes of this clause the expression 'Supervening Events means“supervening events” means : 7.5.3.1 7.6.3.1 the Landlord has failed despite using its reasonable endeavour best endeavours to obtain the Permissions 7.5.3.2 7.6.3.2 any of the Permissions have been granted subject to a lawful condition with which it would be impossible for (or in all the circumstances it would be unreasonable to expect) expect the Landlord to comply 7.5.3.3 7.6.3.3 some defect or deficiency in the site upon which the rebuilding or reinstatement is to take place would render the same impossible or would mean that the same could only be undertaken at a cost that would be unreasonable in all the circumstances 7.5.3.4 7.6.3.4 the Landlord is unable to obtain access to- to the site for the purposes of rebuilding or reinstatingreinstatement 7.5.3.5 7.6.3.5 the rebuilding or reinstating is prevented by war act of God government action or 7.6.3.6 any other circumstances beyond the control of the Landlord 7.5.4 7.6.4 The Landlord shall not be liable to rebuild or reinstate the Premises if and for so long as such rebuilding or reinstating is prevented by Supervening Eventssupervening events 7.5.5 7.6.5 If upon the expiry of a period of three two years commencing on the date of the damage or destruction the Premises have not been rebuilt or reinstated so as to be fit for the Tenant's ’s occupation and useuse either party may by notice served at any time within one month of the expiry of such period invoke the provisions of clause 7.6.6 7.6.6 Upon service of a notice in accordance with clause 7.6.5: 7.5.5.1 7.6.6.1 the Term will absolutely cease but without prejudice to any rights or remedies that may have accrued to either party against the other.other including (without prejudice to the generality of the above) any right that the Tenant might have against the Landlord for a breach of the Landlord’s covenants set out in clause 7.6.1 and 7.6.2 7.5.5.2 7.6.6.2 all monies money received in respect of the insurance effected by the Landlord pursuant to this Clause clause shall belong be divided between the Landlord and the Tenant according to the Landlordvalue of at that date the damage or destruction of their respective interests in the Premises (to be determined in default of agreement by a single arbitrator to be appointed by the President for the time being of the Royal Institution of Chartered Surveyors on the application of either party)

Reinstatement and Termination if Prevented. 7.5.1 6.5.1 If and whenever during the Term: 7.5.1.1 (a) the Premises Property or any part of them are it is damaged or destroyed by any of the Insured Risks or Insured Risks except one against which insurance may not ordinarily be arranged with an insurer of repute for properties such as the Premises unless the Landlord has in fact insured against that risk Risks; and 7.5.1.2 (b) the payment of the insurance money is not refused in whole or in part by reason of any act or default of the Tenant or anyone at the Premises Property expressly or by implication with the Tenant s authority and under the Tenant s control Tenant’s authority; the Landlord shall use its all reasonable endeavour endeavours to obtain all planning. planning permissions or other permits and consents that may be required under the Planning Acts or other Statutes statutes (if any) (“Permissions”) to enable. The enable the Landlord to rebuild and reinstate ('Permissions )reinstate. 7.5.2 6.5.2 Subject to the provisions of clauses 7.5.3 6.6.3 and 75.4 6.6.4, the Landlord shall as soon as practicable after the Permissions have been obtained or immediately where no Permissions are required required, apply all insurance money received in respect of such insurance (except sums in respect of loss of Rent) in rebuilding or reinstating the Premises Property. 6.5.3 If the Property is substantially damaged or destroyed by an Insured Risk the Landlord may rebuild and reinstate the Property either in the form in which it was immediately before the occurrence of the destruction or damage or in that form with such modifications as: (a) may be required by any Authority as a condition of the grant of any of the Permissions; and/or (b) the Landlord may reasonably make to reflect then current good building practice; and/or (c) the Landlord may otherwise reasonably require but so destroyed that the Landlord shall so far as reasonably possible provide in the Property as rebuilt and reinstated accommodation for the Tenant not materially less convenient and commodious and with ancillary facilities not materially less convenient than those which existed immediately before the occurrence of the destruction or damageddamage. 7.5.3 6.5.4 For the purposes of this clause the expression '“Supervening Events means: 7.5.3.1 the Landlord has failed despite using its reasonable endeavour to obtain the Permissions 7.5.3.2 Events” means all or any of the Permissions have been granted subject to lawful condition with which it would be impossible for (or in all the circumstances it would be unreasonable to expect) the Landlord to comply 7.5.3.3 some defect or deficiency in the site upon which the rebuilding or reinstatement is to take place would render the same impossible or would mean that the same could only be undertaken at a cost that would be unreasonable in all the circumstances 7.5.3.4 the Landlord is unable to obtain access to- the site for the purposes of rebuilding or reinstating 7.5.3.5 any other circumstances beyond the control of the Landlord 7.5.4 The Landlord shall not be liable to rebuild or reinstate the Premises if and for so long as such rebuilding or reinstating is prevented by Supervening Events 7.5.5 If upon the expiry of a period of three years commencing on the date of the damage or destruction the Premises have not been rebuilt or reinstated so as to be fit for the Tenant's occupation and usefollowing: 7.5.5.1 the Term will absolutely cease but without prejudice to any rights or remedies that may have accrued to either party against the other. 7.5.5.2 all monies received in respect of the insurance effected by the Landlord pursuant to this Clause shall belong to the Landlord

Reinstatement and Termination if Prevented. 7.5.1 If and whenever during the Term: 7.5.1.1 the Premises or any part of them are damaged or destroyed by any of the Insured Risks or Insured Risks except one against which insurance may not ordinarily be arranged with an insurer of repute for properties such as the Premises unless the Landlord has in fact insured against that risk and 7.5.1.2 the payment of the insurance money is not refused in whole or in part by reason of any act or default of the Tenant or anyone at the Premises expressly or by implication with the Tenant s authority and under the Tenant s control the Landlord shall use its reasonable endeavour to obtain all planning. permissions or other permits and consents that may be required under the Planning Acts or other Statutes (if any) to enable. The Landlord to rebuild and reinstate ('Permissions "Permissions") 7.5.2 Subject to the provisions of clauses 7.5.3 and 75.4 the Landlord shall as soon as the Permissions have been obtained or immediately where no Permissions are required apply all money received in respect of such insurance (except sums in respect of loss of Rent) in rebuilding or reinstating the Premises so destroyed or damaged 7.5.3 For the purposes of this clause the expression 'Supervening Events means: 7.5.3.1 the Landlord has failed despite using its reasonable endeavour to obtain the Permissions 7.5.3.2 any of the Permissions have been granted subject to lawful condition with which it would be impossible for (or in all the circumstances it would be unreasonable to expect) the Landlord to comply 7.5.3.3 some defect or deficiency in the site upon which the rebuilding or reinstatement is to take place would render the same impossible or would mean that the same could only be undertaken at a cost that would be unreasonable in all the circumstances 7.5.3.4 the Landlord is unable to obtain access to- the site for the purposes of rebuilding or reinstating 7.5.3.5 any other circumstances beyond the control of the Landlord 7.5.4 The Landlord shall not be liable to rebuild or reinstate the Premises if and for so long as such rebuilding or reinstating is prevented by Supervening Events 7.5.5 If upon the expiry of a period of three years commencing on the date of the damage or destruction the Premises have not been rebuilt or reinstated so as to be fit for the Tenant's occupation and use: 7.5.5.1 the Term will absolutely cease but without prejudice to any rights or remedies that may have accrued to either party against the other. 7.5.5.2 all monies received in respect of the insurance effected by the Landlord pursuant to this Clause shall belong to the Landlord

Reinstatement and Termination if Prevented. 7.5.1 If and whenever during the Term: 7.5.1.1 the 7.6.1 The Premises or any part of them are damaged or destroyed by any of the Insured Risks or Insured Risks except one against which insurance may not ordinarily be arranged with an insurer of repute for properties such as the Premises unless the Landlord has in fact insured against that risk and 7.5.1.2 the 7.6.2 The payment of the insurance money is not refused in whole or in part by reason of any act or default of the Tenant its employees or sub contractors or anyone at the Premises expressly or by implication with the Tenant s Tenant’s authority and under the Tenant s control the Landlord shall use its reasonable endeavour best endeavours to obtain all planning. planning permissions or other permits and consents that may be required under the Planning Acts or other Statutes statutes (if any) to enable. The enable the Landlord to rebuild and reinstate ('Permissions )rebuild 7.5.2 7.6.3 Subject to the provisions of clauses 7.5.3 Clauses 7.6.4 and 75.4 7.6.5 the Landlord shall as soon as the Permissions permissions have been obtained or immediately where no Permissions permissions are required apply all money received in respect of such insurance (except sums in respect of loss of Rent) in rebuilding the Premises or reinstating the Premises so destroyed or damageddamaged the Landlord making up any difference between the cost of rebuilding or reinstating and the insurance money received from the Landlord’s own money 7.5.3 7.6.4 For the purposes of this clause Clause the expression '“Supervening Events Events” means: 7.5.3.1 the 7.6.4.1 The Landlord has failed despite using its reasonable endeavour best endeavours to obtain the Permissionspermissions 7.5.3.2 any 7.6.4.2 Any of the Permissions permissions have been granted subject to a lawful condition with which it would be impossible for (or in all the circumstances it would be unreasonable to expect) expect the Landlord to comply 7.5.3.3 7.6.4.3 some defect or deficiency in the site upon which the rebuilding of the Premises or reinstatement is to take place would render the same impossible or would mean that the same could only be undertaken at a cost that would be unreasonable in all the circumstances 7.5.3.4 the 7.6.4.4 The Landlord is unable to obtain access to- to the site for the purposes of rebuilding the Premises or reinstating 7.5.3.5 any 7.6.4.5 the rebuilding of the Premises or reinstating is prevented by war Act of God Government action strike lock-out or 7.6.4.6 Any other circumstances beyond the control of the Landlord 7.5.4 7.6.5 The Landlord shall not be liable to rebuild or reinstate the Premises if and for so long as such rebuilding of the Premises or reinstating is prevented by Supervening Events 7.5.5 7.6.6 If upon the expiry of a period of three years commencing on the date of the damage or destruction the Premises have not been rebuilt or reinstated so as to be fit for the Tenant's ’s occupation and use:use either party may by notice served at any time within six months of the expiry of such period invoke the provisions of Clause 7.6.7 7.5.5.1 the 7.6.7 Upon service of a notice in accordance with Clause 7.6.6 7.6.7.1 The Term will absolutely cease forthwith but without prejudice to any rights or remedies that may have accrued to either party against the other. 7.5.5.2 all monies 7.6.7.2 All money received in respect of the insurance effected by the Landlord pursuant to this Clause shall belong to the Landlord

Reinstatement and Termination if Prevented. 7.5.1 (a) If and whenever during the Term: 7.5.1.1 (i) the Demised Premises or any part of them are damaged or destroyed by any of the Insured Risks or Insured Risks (except one against which insurance may not ordinarily be arranged with an insurer of repute for properties such as the Demised Premises unless the Landlord has in fact insured against that risk risk) or any of the Estate Roads or the Conducting Media in on under or over the Adjoining Property that serve the Demised Premises are damaged or destroyed so that the Demised Premises or any part of them are unfit for immediate occupation or use by the Tenant and 7.5.1.2 (ii) the payment of the insurance money is not refused in whole or in part by reason of any act or default of the Tenant or anyone at the Demised Premises expressly or by implication with the Tenant s Tenant’s authority and under the Tenant s control the Landlord shall use its reasonable endeavour best endeavours to obtain all planning. planning permissions or other permits and consents that may be required under the Planning Acts or other Statutes statutes (if any) to enable. The enable the Landlord to rebuild and reinstate ('Permissions ‘Permissions’) 7.5.2 (b) Subject to the provisions of clauses 7.5.3 paragraphs 6(c) and 75.4 6(d) the Landlord shall as soon as the Permissions have been obtained or immediately where no Permissions are required apply all money received in respect of such insurance (except sums in respect of loss of Rent) and make up any deficiency out of its own monies in rebuilding or reinstating the Demised Premises the Common Parts or Conducting Media so destroyed or damaged 7.5.3 For damaged PROVIDED that in the purposes event of this clause substantial damage to or destruction of the expression 'Supervening Events means: 7.5.3.1 Demised Premises by an Insured Risk the above provisions shall have effect as if they obliged the Landlord has failed despite using its reasonable endeavour (subject as provided above) to obtain rebuild and reinstate the PermissionsDemised Premises the Common Parts or Conducting Media either in the form in which they were immediately before the occurrence of the destruction or damage or with such modifications as 7.5.3.2 (i) may be required by any competent authority as a condition of the grant of any of the Permissions have been granted subject to lawful condition with which it would be impossible for and/or (or in all the circumstances it would be unreasonable to expectii) the Landlord may make to complyreflect then current good building practice and/or 7.5.3.3 some defect or deficiency (iii) the Landlord may otherwise reasonably require but so that the Landlord shall in any event provide in the site upon which the rebuilding or reinstatement is to take place would render the same impossible or would mean that the same could only be undertaken at a cost that would be unreasonable in all the circumstances 7.5.3.4 the Landlord is unable to obtain access to- the site Demised Premises as rebuilt and reinstated accommodation for the purposes of rebuilding or reinstating 7.5.3.5 any other circumstances beyond Tenant no less convenient and commodious than those which existed immediately before the control occurrence of the Landlorddestruction or damage 7.5.4 The Landlord shall not be liable to rebuild or reinstate (c) For the Premises if and for so long as such rebuilding or reinstating is prevented by purpose of this paragraph the expression “Supervening Events 7.5.5 If upon the expiry of a period of three years commencing on the date of the damage or destruction the Premises have not been rebuilt or reinstated so as to be fit for the Tenant's occupation and use” means: 7.5.5.1 the Term will absolutely cease but without prejudice to any rights or remedies that may have accrued to either party against the other. 7.5.5.2 all monies received in respect of the insurance effected by the Landlord pursuant to this Clause shall belong to the Landlord

Reinstatement and Termination if Prevented. 7.5.1 7.4.1 If and whenever during the Term: 7.5.1.1 7.4.1.1 the Premises or any part of them are damaged or destroyed by any of the Insured Risks or Insured Risks except one against which insurance may not ordinarily be arranged with an insurer of repute for properties such as the Premises unless the Landlord has in fact insured against that risk and 7.5.1.2 7.4.1.2 save where the payment of the insurance money is not refused in whole or in part by reason of any act or default of the Tenant or anyone at the Premises expressly or by implication with the Tenant s Tenants authority (and under the Tenant s control Tenant's control) the Landlord shall use its reasonable endeavour endeavours to obtain all planning. planning permissions or other permits and consents that may be required under the Planning Acts or other Statutes statutes (if any) and from the Superior Landlord to enable. The enable the Landlord to rebuild and reinstate ('Permissions "Permissions") 7.5.2 7.4.2 Subject to the provisions of clauses 7.5.3 clause 7.4.3 and 75.4 7.4.4 the Landlord shall as soon as the Permissions have been obtained or immediately where no Permissions are required apply all money monies received in respect of such insurance to which the Landlord is entitled (except such sums in respect of loss of Rent) in rebuilding or reinstating the Premises so destroyed or damaged 7.5.3 7.4.3 For the purposes of this clause the expression '"Supervening Events Events" means: 7.5.3.1 7.4.3.1 the Landlord has failed despite using its reasonable endeavour endeavours to obtain the Permissions 7.5.3.2 7.4.3.2 any of the Permissions have been granted subject to a lawful condition with which it would be impossible for (or in all the circumstances it would be unreasonable to expect) expect the Landlord to comply 7.5.3.3 7.4.3.3 some defect or deficiency in the site upon which the rebuilding or reinstatement is to take place would render the same impossible or would mean that the same could only be undertaken at a cost that would be unreasonable in all the circumstances 7.5.3.4 7.4.3.4 the Landlord is unable to obtain access to- to the site for the purposes of rebuilding or reinstating 7.5.3.5 7.4.3.5 the rebuilding or reinstating is prevented by war act of God Government action strike lock out or 7.4.3.6 any other circumstances beyond the control of the Landlord 7.5.4 7.4.4 The Landlord shall not be liable to rebuild or reinstate the Premises if and for so long as such rebuilding or reinstating is prevented by Supervening Events 7.5.5 7.4.5 If upon the expiry of a period of three 3 years commencing on the date of the damage or destruction the Premises have not been rebuilt or reinstated so as to be fit for the Tenant's occupation and use:use either party by notice served at any time within 6 months of the expiry of such period invoke the provisions of clause 7.4.6 7.5.5.1 7.4.6 Upon service of a notice in accordance with clause 7.4.5 7.4.6.1 the Term will absolutely cease but without prejudice to any rights or remedies that may have accrued to either party against the other.other including (without prejudice to the generality of the above) any right that the Tenant may have against the Landlord for a breach of the Landlords covenants set out in clauses 7.4.1 and 7.4.2 7.5.5.2 7.4.6.2 all monies money received in respect of the insurance effected by the Landlord pursuant to this Clause clause shall as against the tenant belong to the Landlord