Relocation of External Works. The Tenant must relocate any External Works when requested to do so on not less than one month's notice by the Landlord. If permanent relocation of the External Works is required by the Landlord, the Landlord may serve notice under Clause 4.12.1 only if the relocation of the External Works will not have a material adverse impact on the Tenant's business at the Premises. If the Landlord requires temporary relocation of the External Works, the Landlord must keep the period of relocation as short as reasonably practicable in the circumstances. The Landlord will be responsible for the Tenant's costs and expenses in complying with the Landlord's request to relocate the External Works unless their relocation is required only temporarily to enable the Landlord to carry out any of the Services, in which case the costs will be included in the Service Costs. The Tenant must not display any signs or advertisements on the Premises that are visible from outside the Building or any atrium or other Building Common Parts except, in either case, for business signs that indicate the Tenant's trading name in the style of and consistent with the Tenant's standard business signage that are visible only through the main entrance to the Premises. By the End Date the Tenant must have removed: all tenant's and trade fixtures and loose contents from the Premises; all signage installed by the Tenant or any sub-tenant at the Premises or elsewhere on the Building or the Estate; subject to Clause 4.14.3, all Permitted Works; and without affecting any other Landlord's rights, any works that have been carried out by the Tenant in breach of any obligation in this Lease. The Tenant must make good all damage to the Premises, the Building or the Estate caused when complying with Clause 4.14.1 and restore them to the same configuration state and condition as they were in before the items removed were originally installed. If, no more than [nine] months and no less than [two] months before the End Date, the Tenant serves on the Landlord a request in the form set out in Part 7 of the Schedule the only Permitted Works that the Tenant must remove under Clause 4.(c) will be: those carried out before the date of the Tenant's request that the Landlord requires to be removed by Notice to the Tenant within [six] weeks of the Landlord receiving the Tenant's request; and those carried out after service of the Tenant's request; and any other Permitted Works need not be removed.43 [Clause 4.14.3 will apply to the Tenant's obligation to renew and replace floor coverings at the End Date under Clause 4.9.4 as if that obligation were an obligation to remove Permitted Works.]44 At the End Date the Tenant must: give back the Premises (and the fixtures, plant and equipment in them) in good decorative order and in a state, condition and working order consistent with the Tenant's obligations in this Lease;45 give back the Premises with vacant possession; and hand to the Landlord any registers or records maintained by the Tenant pursuant to any statutory duty that relate to the Premises including any health and safety file, EPC and asbestos survey. If the Tenant has not removed all of its property from the Premises by the End Date and the Landlord gives the Tenant not less than five Business Days' notice of its intention to do so: the Landlord may sell that property as the agent of the Tenant; the Tenant must indemnify the Landlord against any liability of the Landlord to any third party whose property has been sold in the genuine but mistaken belief that it belonged to the Tenant; and the Landlord must pay to the Tenant the sale proceeds after deducting the costs of transportation, storage and sale incurred by the Landlord. The Tenant must not use the Premises other than for the Permitted Use. The Tenant must not use the Premises as a betting office, an amusement arcade or in connection with gaming[, as offices to which members of the public are admitted] [, for any political or campaigning purposes] or for any sale by auction.46 The Tenant must not use the Premises for the sale of alcohol for consumption on or off the Premises or for the preparation or cooking of food other than, in either case, in connection with staff and client catering facilities ancillary to the Permitted Use. The Tenant must not: keep in the Premises any plant, machinery or equipment (except that properly required for the Permitted Use) or any petrol or other explosive or specially flammable substance[ (other than petrol in the tanks of vehicles parked in any parking spaces within the Premises)]; cause any nuisance or damage to the Landlord or the other tenants or occupiers of the Building or the Estate or to the owners, tenants or occupiers of any adjoining premises; overload any part of the Premises or the Building or any plant, machinery, equipment or Conducting Media; do anything that blocks the Conducting Media or makes them function less efficiently including any blockage to or corrosion of any drains, pipes or sewers by virtue of any waste, grease or refuse deposited by the Tenant or any cleaning of them carried out by the Tenant; or operate any apparatus so as to interfere with the lawful use of Electronic Communications Apparatus or the provision of Wireless Data Services elsewhere in the Building or the Estate or on any adjoining premises. [The Tenant must comply with any Wireless Policy.]47 When exercising any right granted to it for entry to any other part of the Building or the Estate the Tenant must: cause as little damage and interference as is reasonably practicable to the remainder of the Building or the Estate and the business of its tenants and occupiers and make good any physical damage caused; and comply with the Landlord's requirements and those of any other tenants and occupiers of the Building or the Estate who are affected. The Tenant must provide the Landlord with the names, addresses and telephone numbers of not fewer than two people who from time to time hold keys and any security access codes to the Premises and who may be contacted in an emergency if the Landlord needs access to the Premises outside the Tenant's normal business hours. [The Tenant must not use any parking spaces in respect of which the Tenant is granted rights under paragraph 10. of Part 1 of the Schedule: except for the parking of vehicles belonging to persons working at the Premises or any authorised visitors to the Premises; or for the repair, refuelling or maintenance of any vehicles.] Dealings with the Premises48 The Tenant must not assign, sub-let, charge, hold on trust, part with or share possession or occupation of the Premises in whole or in part, except as authorised under this Clause 4.16 [or Part 9 of the Schedule.] The Tenant may, with the Landlord's consent, assign the whole of the Premises to a prospective tenant which is of sound financial standing and demonstrably capable of fulfilling the Tenant's obligations under this Lease49, except that: the Landlord may refuse consent to assign if the Tenant has not paid in full the Rent and all other sums due to the Landlord under this Lease that are not the subject of a legitimate dispute about their payment; the Landlord may refuse consent to assign in any other circumstances where it is reasonable to do so; and the Landlord may require any other condition to the Landlord’s consent if it is reasonable to do so. [The provisions of Part 9 of the Schedule apply to sub-lettings of the Premises and the Tenant must comply with its obligations in that Part of the Schedule.] The Tenant may charge the whole of the Premises to a genuine lending institution without the Landlord's consent but the Tenant must notify the Landlord under Clause 4.17 of any charge created. In addition to the provisions of this Clause 4.16, the Tenant may share occupation of the Premises with a Group Company of the Tenant[ and any Service Provider] on condition that: the Tenant notifies the Landlord of the identity of the occupier and the part of the Premises to be occupied; no relationship of landlord and tenant is created or is allowed to arise; the sharing of occupation ends if the occupier is no longer a Group Company of the Tenant[ or a Service Provider]; and the Tenant notifies the Landlord promptly when the occupation ends.
Appears in 1 contract
Samples: Lease Agreement
Relocation of External Works. The Tenant must relocate any External Works when requested to do so on not less than one month's notice by the Landlord. If permanent relocation of the External Works is required by the Landlord, the Landlord may serve notice under Clause clause 4.12.1 only if the relocation of the External Works will not have a material adverse impact on the Tenant's ’s business at the Premises. If the Landlord requires temporary relocation of the External Works, the Landlord must keep the period of relocation as short as reasonably practicable in the circumstances. The Landlord will be responsible for the Tenant's ’s costs and expenses in complying with the Landlord's ’s request to relocate the External Works unless their relocation is required only temporarily to enable the Landlord to carry out any of the Services, in which case the costs will be included in the Service Costs. The Tenant must not display any signs or advertisements on the Premises that are visible from outside the Building or any atrium or other Building Common Parts except, in either case, for business signs that indicate the Tenant's ’s trading name in the style of and consistent with the Tenant's ’s standard business signage that are visible only through the main entrance to the Premises. By the End Date the Tenant must have removed: all tenant's ’s and trade fixtures and loose contents from the Premises; all signage installed by the Tenant or any sub-tenant at the Premises or elsewhere on the Building or the EstateBuilding; subject to Clause clause 4.14.3, all Permitted Works; and without affecting any other Landlord's ’s rights, any works that have been carried out by the Tenant in breach of any obligation in this Lease. The Tenant must make good all damage to the Premises, Premises or the Building or the Estate caused when complying with Clause clause 4.14.1 and restore them to the same configuration state and condition as they were in before the items removed were originally installed. If, no more than [nine] months and no less than [two] months before the End Date, the Tenant serves on the Landlord a request in the form set out in Part 7 of the Schedule the only Permitted Works that the Tenant must remove under Clause 4.(cclause 4.14.1(c) will be: those carried out before the date of the Tenant's ’s request that the Landlord requires to be removed by Notice to the Tenant within [six] weeks of the Landlord receiving the Tenant's ’s request; and those carried out after service of the Tenant's ’s request; and any other Permitted Works need not be removed.43 removed.40 [Clause 4.14.3 will apply to the Tenant's ’s obligation to renew and replace floor coverings at the End Date under Clause clause 4.9.4 as if that obligation were an obligation to remove Permitted Works.]44 Works.]41 At the End Date the Tenant must: give back the Premises (and the fixtures, plant and equipment in them) in good decorative order and in a state, condition and working order consistent with the Tenant's ’s obligations in this Lease;45 Lease;42 give back the Premises with vacant possession; and hand to the Landlord any registers or records maintained by the Tenant pursuant to any statutory duty that relate to the Premises including any health and safety file, EPC and asbestos survey. If the Tenant has not removed all of its property from the Premises by the End Date and the Landlord gives the Tenant not less than five Business Days' ’ notice of its intention to do so: the Landlord may sell that property as the agent of the Tenant; the Tenant must indemnify the Landlord against any liability of the Landlord to any third party whose property has been sold in the genuine but mistaken belief that it belonged to the Tenant; and the Landlord must pay to the Tenant the sale proceeds after deducting the costs of transportation, storage and sale incurred by the Landlord. The Tenant must not use the Premises other than for the Permitted Use. The Tenant must not use the Premises as a betting office, an amusement arcade or in connection with gaming[, as offices to which members of the public are admitted] ][, for any political or campaigning purposes] or for any sale by auction.46 auction.43 The Tenant must not use the Premises for the sale of alcohol for consumption on or off the Premises or for the preparation or cooking of food other than, in either case, in connection with staff and client catering facilities ancillary to the Permitted Use. The Tenant must not: keep in the Premises any plant, machinery or equipment (except that properly required for the Permitted Use) or any petrol or other explosive or specially flammable substance[ (other than petrol in the tanks of vehicles parked in any parking spaces within the Premises)]; cause any nuisance or damage to the Landlord or the other tenants or occupiers of the Building or the Estate or to the owners, tenants or occupiers of any adjoining premises; overload any part of the Premises or the Building or any plant, machinery, equipment or Conducting Media; do anything that blocks the Conducting Media or makes them function less efficiently including any blockage to or corrosion of any drains, pipes or sewers by virtue of any waste, grease or refuse deposited by the Tenant or any cleaning of them carried out by the Tenant; or operate any apparatus so as to interfere with the lawful use of Electronic Communications Apparatus or the provision of Wireless Data Services elsewhere in the Building or the Estate or on any adjoining premises. [The Tenant must comply with any Wireless Policy.]47 Policy.44] When exercising any right granted to it for entry to any other part of the Building or the Estate the Tenant must: cause as little damage and interference as is reasonably practicable to the remainder of the Building or the Estate and the business of its tenants and occupiers and make good any physical damage caused; and comply with the Landlord's ’s requirements and those of any other tenants and occupiers of the Building or the Estate who are affected. The Tenant must provide the Landlord with the names, addresses and telephone numbers of not fewer than two people who from time to time hold keys and any security access codes to the Premises and who may be contacted in an emergency if the Landlord needs access to the Premises outside the Tenant's ’s normal business hours. [The Tenant must not use any parking spaces in respect of which the Tenant is granted rights under paragraph 10. 18 of Part 1 of the Schedule: except for the parking of vehicles belonging to persons working at the Premises or any authorised visitors to the Premises; or for the repair, refuelling or maintenance of any vehicles.] Dealings with the Premises48 Premises45 The Tenant must not assign, sub-let, charge, hold on trust, part with or share possession or occupation of the Premises in whole or in part, except as authorised under this Clause clause 4.16 [or Part 9 of the Schedule.] The Tenant may, with the Landlord's ’s consent, assign the whole of the Premises to a prospective tenant which is of sound financial standing and demonstrably capable of fulfilling the Tenant's obligations under this Lease49Lease46, except that: the Landlord may refuse consent to assign if the Tenant has not paid in full the Rent and all other sums due to the Landlord under this Lease that are not the subject of a legitimate dispute about their payment; the Landlord may refuse consent to assign in any other circumstances where it is reasonable to do so; and the Landlord may require any other condition to the Landlord’s consent if it is reasonable to do so. [The provisions of Part 9 of the Schedule apply to sub-lettings of the Premises and the Tenant must comply with its obligations in that Part of the Schedule.] The Tenant may charge the whole of the Premises to a genuine lending institution without the Landlord's ’s consent but the Tenant must notify the Landlord under Clause clause 4.17 of any charge created. In addition to the provisions of this Clause clause 4.16, the Tenant may share occupation of the Premises with a Group Company of the Tenant[ and any Service Provider] on condition that: the Tenant notifies the Landlord of the identity of the occupier and the part of the Premises to be occupied; no relationship of landlord and tenant is created or is allowed to arise; the sharing of occupation ends if the occupier is no longer a Group Company of the Tenant[ or a Service Provider]; and the Tenant notifies the Landlord promptly when the occupation ends.;
Appears in 1 contract
Samples: Lease Agreement
Relocation of External Works. The Tenant must relocate any External Works when requested to do so on not less than one month's notice by the Landlord. If permanent relocation of the External Works is required by the Landlord, the Landlord may serve notice under Clause 4.12.1 only if the relocation of the External Works will not have a material adverse impact on the Tenant's ’s business at the Premises. If the Landlord requires temporary relocation of the External Works, the Landlord must keep the period of relocation as short as reasonably practicable in the circumstances. The Landlord will be responsible for the Tenant's ’s costs and expenses in complying with the Landlord's ’s request to relocate the External Works unless their relocation is required only temporarily to enable the Landlord to carry out any of the Services, in which case the costs will be included in the Service Costs. The Tenant must not display any signs or advertisements on the Premises other than: signs approved by the Landlord; normal trade signs displayed from within the Premises; or signage on the fascia of the Premises that are visible from outside the Building or any atrium or other Building Common Parts except, in either case, for business signs that indicate indicates the Tenant's ’s trading name in the style of and consistent with the Tenant's ’s standard business signage that are visible only through fascia signage. The Tenant must maintain either the main entrance to visibility of the Premisesshop interior from the shop front or a window display in keeping with good retailing practice. The Tenant must keep the Premises adequately lit during the Centre Opening Hours. By the End Date the Tenant must have removed: all tenant's ’s and trade fixtures and loose contents from the Premises; all signage installed by the Tenant or any sub-tenant at the Premises or elsewhere on the Building or the EstateCentre; subject to Clause 4.14.3, all Permitted Works; and without affecting any other Landlord's ’s rights, any works that have been carried out by the Tenant in breach of any obligation in this Lease. The Tenant must make good all damage to the Premises, the Building Premises or the Estate Centre caused when complying with Clause 4.14.1 and restore them to the same configuration state and condition as they were in before the items removed were originally installed. If, no more than [nine] months and no less than [two] months before the End Date, the Tenant serves on the Landlord a request in the form set out in Part 7 of the Schedule the only Permitted Works that the Tenant must remove under Clause 4.(c4.14.1(c) will be: those carried out before the date of the Tenant's ’s request that the Landlord requires to be removed by Notice to the Tenant within [six] weeks of the Landlord receiving the Tenant's ’s request; and those carried out after service of the Tenant's ’s request; and any other Permitted Works need not be removed.43 [Clause 4.14.3 will apply to the Tenant's obligation to renew and replace floor coverings at the End Date under Clause 4.9.4 as if that obligation were an obligation to remove Permitted Works.]44 removed.41 At the End Date the Tenant must: give back the Premises (and the fixtures, plant and equipment in them) in good decorative order and in a state, condition and working order consistent with the Tenant's ’s obligations in this Lease;45 Lease;42 give back the Premises with vacant possession; and hand to the Landlord any registers or records maintained by the Tenant pursuant to any statutory duty that relate to the Premises including any health and safety file, EPC and asbestos survey. If the Tenant has not removed all of its property from the Premises by the End Date and the Landlord gives the Tenant not less than five Business Days' ’ notice of its intention to do so: the Landlord may sell that property as the agent of the Tenant; the Tenant must indemnify the Landlord against any liability of the Landlord to any third party whose property has been sold in the genuine but mistaken belief that it belonged to the Tenant; and the Landlord must pay to the Tenant the sale proceeds after deducting the costs of transportation, storage and sale incurred by the Landlord. User43 The Tenant must not use the Premises other than for the Permitted Use. 44 The Tenant must not use the Premises as a betting office, an amusement arcade or in connection with gaming[, as offices to which members of the public are admitted] [, for any political or campaigning purposes] purposes or for any sale by auction.46 auction.45 The Tenant must not use the Premises for the sale of alcohol for consumption [on or off off] the Premises or for the preparation or cooking of food other than, in either case, in connection with staff staff[ and client customer] catering facilities ancillary to the Permitted Use. The Tenant must not: keep in the Premises any plant, machinery or equipment (except that properly required for the Permitted Use) or any petrol or other explosive or specially flammable substance[ (other than petrol in the tanks of vehicles parked in any parking spaces within the Premises)]; cause any nuisance or damage to the Landlord or the other tenants or occupiers of the Building or the Estate Centre or to the owners, tenants or occupiers of any adjoining premises; overload any part of the Premises or the Building Centre or any plant, machinery, equipment or Conducting Media; do anything that blocks the Conducting Media or makes them function less efficiently including any blockage to or corrosion of any drains, pipes or sewers by virtue of any waste, grease or refuse deposited by the Tenant or any cleaning of them carried out by the Tenant; or operate any apparatus so as to interfere with the lawful use of Electronic Communications Apparatus or the provision of Wireless Data Services elsewhere in the Building or the Estate Centre or on any adjoining premises. The Landlord does not warrant that the Permitted Use is, will be, or will remain lawfully permitted under the Planning Acts or the title deeds. The Tenant remains bound by the Tenant's obligations under this Lease even if the use is not lawfully permitted under the Planning Acts. [The Tenant must comply with any Wireless Policy.]47 Policy.]46 When exercising any right granted to it for entry to any other part of the Building or the Estate Centre the Tenant must: cause as little damage and interference as is reasonably practicable to the remainder of the Building or the Estate Centre and the business of its tenants and occupiers and make good any physical damage caused; and comply with the Landlord's ’s requirements and those of any other tenants and occupiers of the Building or the Estate Centre who are affected. On each day that the Premises are open for trade, the Tenant must arrange collection of any of the Tenant’s customer trolleys that have been left on other parts of the Centre47 The Tenant must provide the Landlord with the names, addresses and telephone numbers of not fewer than two people who from time to time hold keys and any security access codes to the Premises and who may be contacted in an emergency if the Landlord needs access to the Premises outside the Tenant's ’s normal business hours. [The Tenant must not use any parking spaces in respect of which the Tenant is granted rights under paragraph 10. 8 of Part 1 of the Schedule: except for the parking of vehicles belonging to persons working at the Premises or any authorised visitors to the Premises; or for the repair, refuelling or maintenance of any vehicles.] Dealings with the Premises48 The Tenant must not assign, sub-let, charge, hold on trust, part with or share possession or occupation of the Premises in whole or in part, except as authorised under this Clause 4.16 [4.16[ or Part 9 of the Schedule]. [The Tenant must not assign the Tenant's right to the whole of the Premises [or sub‑let the Tenant's right to the Premises in whole or in part] during the first three years of the Term.] The Tenant may, with the Landlord's ’s consent, assign the Tenant's right to the whole of the Premises to a prospective tenant which is of sound financial standing and demonstrably capable of fulfilling the Tenant's obligations under this Lease49, except that: the Landlord may refuse consent to assign if the Tenant has not paid in full the Rent and all other sums due to the Landlord under this Lease that are not the subject of a legitimate dispute about their payment; the Landlord may refuse consent to assign in any other circumstances where it is reasonable to do so; and the Landlord may require any other condition to the Landlord’s consent if it is reasonable to do so. [The provisions of Part 9 of the Schedule apply to sub-lettings of the Premises and the Tenant must comply with its obligations in that Part of the Schedule.] The Tenant may charge the Tenant's right to the whole of the Premises to a genuine lending institution without the Landlord's ’s consent but the Tenant must notify the Landlord under Clause 4.17 of any charge created. In addition to the provisions of this Clause 4.16, the Tenant may share occupation of the Premises with a Group Company of the Tenant[ and any [, a Service Provider] or concessionaire on condition that: the Tenant notifies the Landlord of the identity of the occupier and the part of the Premises to be occupied; no relationship of landlord and tenant is created or is allowed to arisearise [ and the Premises retain the appearance of a retail unit in single occupation]; the sharing of occupation ends if the occupier is no longer a Group Company of the Tenant[ or [, a Service Provider]] or a concessionaire; and [and] the Tenant notifies the Landlord promptly when the occupation ends[; and at any time concessionaires occupy no more than [Insert percentage]% of the sales area of the Premises in aggregate]50.
Appears in 1 contract
Samples: Lease Agreement
Relocation of External Works. The Tenant must relocate any External Works when requested to do so on not less than one month's notice by the Landlord. If permanent relocation of the External Works is required by the Landlord, the Landlord may serve notice under Clause 4.12.1 only if the relocation of the External Works will not have a material adverse impact on the Tenant's ’s business at the Premises. If the Landlord requires temporary relocation of the External Works, the Landlord must keep the period of relocation as short as reasonably practicable in the circumstances. The Landlord will be responsible for the Tenant's ’s costs and expenses in complying with the Landlord's ’s request to relocate the External Works unless their relocation is required only temporarily to enable the Landlord to carry out any of the Services, in which case the costs will be included in the Service Costs. The Tenant must not display any signs or advertisements on the Premises other than: signs approved by the Landlord; normal trade signs displayed from within the Premises; or signage on the fascia of the Premises that are visible from outside the Building or any atrium or other Building Common Parts except, in either case, for business signs that indicate indicates the Tenant's ’s trading name in the style of and consistent with the Tenant's ’s standard business signage that are visible only through fascia signage. The Tenant must maintain either the main entrance to visibility of the Premisesshop interior from the shop front or a window display in keeping with good retailing practice. The Tenant must keep the Premises adequately lit during the Centre Opening Hours. By the End Date the Tenant must have removed: all tenant's ’s and trade fixtures and loose contents from the Premises; all signage installed by the Tenant or any sub-tenant at the Premises or elsewhere on the Building or the EstateCentre; subject to Clause 4.14.3, all Permitted Works; and without affecting any other Landlord's ’s rights, any works that have been carried out by the Tenant in breach of any obligation in this Lease. The Tenant must make good all damage to the Premises, the Building Premises or the Estate Centre caused when complying with Clause 4.14.1 and restore them to the same configuration state and condition as they were in before the items removed were originally installed. If, no more than [nine] months and no less than [two] months before the End Date, the Tenant serves on the Landlord a request in the form set out in Part 7 of the Schedule the only Permitted Works that the Tenant must remove under Clause 4.(c4.14.1(c) will be: those carried out before the date of the Tenant's ’s request that the Landlord requires to be removed by Notice to the Tenant within [six] weeks of the Landlord receiving the Tenant's ’s request; and those carried out after service of the Tenant's ’s request; and any other Permitted Works need not be removed.43 [Clause 4.14.3 will apply to the Tenant's obligation to renew and replace floor coverings at the End Date under Clause 4.9.4 as if that obligation were an obligation to remove Permitted Works.]44 removed.41 At the End Date the Tenant must: give back the Premises (and the fixtures, plant and equipment in them) in good decorative order and in a state, condition and working order consistent with the Tenant's ’s obligations in this Lease;45 Lease;42 give back the Premises with vacant possession; and hand to the Landlord any registers or records maintained by the Tenant pursuant to any statutory duty that relate to the Premises including any health and safety file, EPC and asbestos survey. If the Tenant has not removed all of its property from the Premises by the End Date and the Landlord gives the Tenant not less than five Business Days' ’ notice of its intention to do so: the Landlord may sell that property as the agent of the Tenant; the Tenant must indemnify the Landlord against any liability of the Landlord to any third party whose property has been sold in the genuine but mistaken belief that it belonged to the Tenant; and the Landlord must pay to the Tenant the sale proceeds after deducting the costs of transportation, storage and sale incurred by the Landlord. User43 The Tenant must not use the Premises other than for the Permitted Use. 44 The Tenant must not use the Premises as a betting office, an amusement arcade or in connection with gaming[, as offices to which members of the public are admitted] [, for any political or campaigning purposes] purposes or for any sale by auction.46 auction.45 The Tenant must not use the Premises for the sale of alcohol for consumption [on or off off] the Premises or for the preparation or cooking of food other than, in either case, in connection with staff staff[ and client customer] catering facilities ancillary to the Permitted Use. The Tenant must not: keep in the Premises any plant, machinery or equipment (except that properly required for the Permitted Use) or any petrol or other explosive or specially flammable substance[ (other than petrol in the tanks of vehicles parked in any parking spaces within the Premises)]; cause any nuisance or damage to the Landlord or the other tenants or occupiers of the Building or the Estate Centre or to the owners, tenants or occupiers of any adjoining premises; overload any part of the Premises or the Building Centre or any plant, machinery, equipment or Conducting Media; do anything that blocks the Conducting Media or makes them function less efficiently including any blockage to or corrosion of any drains, pipes or sewers by virtue of any waste, grease or refuse deposited by the Tenant or any cleaning of them carried out by the Tenant; or operate any apparatus so as to interfere with the lawful use of Electronic Communications Apparatus or the provision of Wireless Data Services elsewhere in the Building or the Estate Centre or on any adjoining premises. The Landlord does not warrant that the Permitted Use is, will be, or will remain lawfully permitted under the Planning Acts or the title deeds. The Tenant remains bound by the Tenant's obligations under this Lease even if the use is not lawfully permitted under the Planning Acts. [The Tenant must comply with any Wireless Policy.]47 Policy.]46 When exercising any right granted to it for entry to any other part of the Building or the Estate Centre the Tenant must: cause as little damage and interference as is reasonably practicable to the remainder of the Building or the Estate Centre and the business of its tenants and occupiers and make good any physical damage caused; and comply with the Landlord's ’s requirements and those of any other tenants and occupiers of the Building or the Estate Centre who are affected. On each day that the Premises are open for trade, the Tenant must arrange collection of any of the Tenant’s customer trolleys that have been left on other parts of the Centre47 The Tenant must provide the Landlord with the names, addresses and telephone numbers of not fewer than two people who from time to time hold keys and any security access codes to the Premises and who may be contacted in an emergency if the Landlord needs access to the Premises outside the Tenant's ’s normal business hours. [The Tenant must not use any parking spaces in respect of which the Tenant is granted rights under paragraph 10. 8 of Part 1 of the Schedule: except for the parking of vehicles belonging to persons working at the Premises or any authorised visitors to the Premises; or for the repair, refuelling or maintenance of any vehicles.] Dealings with the Premises48 The Tenant must not assign, sub-let, charge, hold on trust, part with or share possession or occupation of the Premises in whole or in part, except as authorised under this Clause 4.16 [4.16[ or Part 9 of the Schedule]. [The Tenant must not assign the Tenant's right to the whole of the Premises [or sub‑let the Tenant's right to the Premises in whole or in part] during the first three years of the Term.] The Tenant must not assign the Tenant's right to the whole [or sub-let the Tenant's right to the whole [or a Permitted Part]]49 of the Premises unless it has complied its obligations in Part 11 of the Schedule and the Landlord has decided (or it is treated that the Landlord has decided) not to accept an offer to renounce the Premises to the Landlord. The Tenant may, with the Landlord's ’s consent, assign the Tenant's right to the whole of the Premises to a prospective tenant which is of sound financial standing and demonstrably capable of fulfilling the Tenant's obligations under this Lease49Lease50, except that: the Landlord may refuse consent to assign if the Tenant has not paid in full the Rent and all other sums due to the Landlord under this Lease that are not the subject of a legitimate dispute about their payment; the Landlord may refuse consent to assign in any other circumstances where it is reasonable to do so; and the Landlord may require any other condition to the Landlord’s consent if it is reasonable to do so. [The provisions of Part 9 of the Schedule apply to sub-lettings of the Premises and the Tenant must comply with its obligations in that Part of the Schedule.] The Tenant may charge the Tenant's right to the whole of the Premises to a genuine lending institution without the Landlord's ’s consent but the Tenant must notify the Landlord under Clause 4.17 of any charge created. In addition to the provisions of this Clause 4.16, the Tenant may share occupation of the Premises with a Group Company of the Tenant[ and any [, a Service Provider] or concessionaire on condition that: the Tenant notifies the Landlord of the identity of the occupier and the part of the Premises to be occupied; no relationship of landlord and tenant is created or is allowed to arisearise [ and the Premises retain the appearance of a retail unit in single occupation]; the sharing of occupation ends if the occupier is no longer a Group Company of the Tenant[ or [, a Service Provider]] or a concessionaire; and [and] the Tenant notifies the Landlord promptly when the occupation ends[; and at any time concessionaires occupy no more than [Insert percentage]% of the sales area of the Premises in aggregate]51.
Appears in 1 contract
Samples: Lease Agreement
Relocation of External Works. The Tenant must relocate any External Works when requested to do so on not less than one month's notice by the Landlord. If permanent relocation of the External Works is required by the Landlord, the Landlord may serve notice under Clause 4.12.1 only if the relocation of the External Works will not have a material adverse impact on the Tenant's business at the Premises. If the Landlord requires temporary relocation of the External Works, the Landlord must keep the period of relocation as short as reasonably practicable in the circumstances. The Landlord will be responsible for the Tenant's costs and expenses in complying with the Landlord's request to relocate the External Works unless their relocation is required only temporarily to enable the Landlord to carry out any of the Services, in which case the costs will be included in the Service Costs. The Tenant must not display any signs or advertisements on the Premises that are visible from outside the Building or any atrium or other Building Common Parts except, in either case, for business signs that indicate the Tenant's trading name in the style of and consistent with the Tenant's standard business signage that are visible only through the main entrance to the Premises. By the End Date the Tenant must have removed: all tenant's and trade fixtures and loose contents from the Premises; all signage installed by the Tenant or any sub-tenant at the Premises or elsewhere on the Building or the EstateBuilding; subject to Clause 4.14.3, all Permitted Works; and without affecting any other Landlord's rights, any works that have been carried out by the Tenant in breach of any obligation in this Lease. The Tenant must make good all damage to the Premises, Premises or the Building or the Estate caused when complying with Clause 4.14.1 and restore them to the same configuration state and condition as they were in before the items removed were originally installed. If, no more than [nine] months and no less than [two] months before the End Date, the Tenant serves on the Landlord a request in the form set out in Part PART 7 of the Schedule the only Permitted Works that the Tenant must remove under Clause 4.(c4.14.1(c) will be: those carried out before the date of the Tenant's request that the Landlord requires to be removed by Notice to the Tenant within [six] weeks of the Landlord receiving the Tenant's request; and those carried out after service of the Tenant's request; and any other Permitted Works need not be removed.43 removed.39 [Clause 4.14.3 will apply to the Tenant's obligation to renew and replace floor coverings at the End Date under Clause 4.9.4 as if that obligation were an obligation to remove Permitted Works.]44 Works.]40 At the End Date the Tenant must: give back the Premises (and the fixtures, plant and equipment in them) in good decorative order and in a state, condition and working order consistent with the Tenant's obligations in this Lease;45 Lease;41 give back the Premises with vacant possession; and hand to the Landlord any registers or records maintained by the Tenant pursuant to any statutory duty that relate to the Premises including any health and safety file, EPC and asbestos survey. If the Tenant has not removed all of its property from the Premises by the End Date and the Landlord gives the Tenant not less than five Business Days' notice of its intention to do so: the Landlord may sell that property as the agent of the Tenant; the Tenant must indemnify the Landlord against any liability of the Landlord to any third party whose property has been sold in the genuine but mistaken belief that it belonged to the Tenant; and the Landlord must pay to the Tenant the sale proceeds after deducting the costs of transportation, storage and sale incurred by the Landlord. The Tenant must not use the Premises other than for the Permitted Use. The Tenant must not use the Premises as a betting office, an amusement arcade or in connection with gaming[, as offices to which members of the public are admitted] [, for any political or campaigning purposes] or for any sale by auction.46 auction.42 The Tenant must not use the Premises for the sale of alcohol for consumption on or off the Premises or for the preparation or cooking of food other than, in either case, in connection with staff and client catering facilities ancillary to the Permitted Use. The Tenant must not: keep in the Premises any plant, machinery or equipment (except that properly required for the Permitted Use) or any petrol or other explosive or specially flammable substance[ (other than petrol in the tanks of vehicles parked in any parking spaces within the Premises)]; cause any nuisance or damage to the Landlord or the other tenants or occupiers of the Building or the Estate or to the owners, tenants or occupiers of any adjoining premises; overload any part of the Premises or the Building or any plant, machinery, equipment or Conducting Media; do anything that blocks the Conducting Media or makes them function less efficiently including any blockage to or corrosion of any drains, pipes or sewers by virtue of any waste, grease or refuse deposited by the Tenant or any cleaning of them carried out by the Tenant; or operate any apparatus so as to interfere with the lawful use of Electronic Communications Apparatus or the provision of Wireless Data Services elsewhere in the Building or the Estate or on any adjoining premises. [The Tenant must comply with any Wireless Policy.]47 Policy.]43 When exercising any right granted to it for entry to any other part of the Building or the Estate the Tenant must: cause as little damage and interference as is reasonably practicable to the remainder of the Building or the Estate and the business of its tenants and occupiers and make good any physical damage caused; and comply with the Landlord's requirements and those of any other tenants and occupiers of the Building or the Estate who are affected. The Tenant must provide the Landlord with the names, addresses and telephone numbers of not fewer than two people who from time to time hold keys and any security access codes to the Premises and who may be contacted in an emergency if the Landlord needs access to the Premises outside the Tenant's normal business hours. [The Tenant must not use any parking spaces in respect of which the Tenant is granted rights under paragraph 10. 18 of Part PART 1 of the Schedule: except for the parking of vehicles belonging to persons working at the Premises or any authorised visitors to the Premises; or for the repair, refuelling or maintenance of any vehicles.] Dealings with the Premises48 Premises44 The Tenant must not assign, sub-let, charge, hold on trust, part with or share possession or occupation of the Premises in whole or in part, except as authorised under this Clause 4.16 [or Part PART 9 of the Schedule.] The Tenant may, with the Landlord's consent, assign the whole of the Premises to a prospective tenant which is of sound financial standing and demonstrably capable of fulfilling the Tenant's obligations under this Lease49Lease45, except that: the Landlord may refuse consent to assign if the Tenant has not paid in full the Rent and all other sums due to the Landlord under this Lease that are not the subject of a legitimate dispute about their payment; the Landlord may refuse consent to assign in any other circumstances where it is reasonable to do so; and the Landlord may require any other condition to the Landlord’s 's consent if it is reasonable to do so. [The provisions of Part PART 9 of the Schedule apply to sub-lettings of the Premises and the Tenant must comply with its obligations in that Part of the Schedule.] The Tenant may charge the whole of the Premises to a genuine lending institution without the Landlord's consent but the Tenant must notify the Landlord under Clause 4.17 of any charge created. In addition to the provisions of this Clause 4.16, the Tenant may share occupation of the Premises with a Group Company of the Tenant[ and any Service Provider] on condition that: the Tenant notifies the Landlord of the identity of the occupier and the part of the Premises to be occupied; no relationship of landlord and tenant is created or is allowed to arise; the sharing of occupation ends if the occupier is no longer a Group Company of the Tenant[ or a Service Provider]; and the Tenant notifies the Landlord promptly when the occupation ends.
Appears in 1 contract
Samples: Lease Agreement
Relocation of External Works. The Tenant must relocate any External Works when requested to do so on not less than one month's notice by the Landlord. If permanent relocation of the External Works is required by the Landlord, the Landlord may serve notice under Clause 4.12.1 only if the relocation of the External Works will not have a material adverse impact on the Tenant's business at the Premises. If the Landlord requires temporary relocation of the External Works, the Landlord must keep the period of relocation as short as reasonably practicable in the circumstances. The Landlord will be responsible for the Tenant's costs and expenses in complying with the Landlord's request to relocate the External Works unless their relocation is required only temporarily to enable the Landlord to carry out any of the Services, in which case the costs will be included in the Service Costs. The Tenant must not display any signs or advertisements on the Premises that are visible from outside the Building or any atrium or other Building Common Parts except, in either case, for business signs that indicate the Tenant's trading name in the style of and consistent with the Tenant's standard business signage that are visible only through the main entrance to the Premises. By the End Date the Tenant must have removed: all tenant's and trade fixtures and loose contents from the Premises; all signage installed by the Tenant or any sub-tenant at the Premises or elsewhere on the Building or the EstateBuilding; subject to Clause 4.14.3, all Permitted Works; and without affecting any other Landlord's rights, any works that have been carried out by the Tenant in breach of any obligation in this Lease. The Tenant must make good all damage to the Premises, Premises or the Building or the Estate caused when complying with Clause 4.14.1 and restore them to the same configuration state and condition as they were in before the items removed were originally installed. If, no more than [nine] months and no less than [two] months before the End Date, the Tenant serves on the Landlord a request in the form set out in Part 7 of the Schedule the only Permitted Works that the Tenant must remove under Clause 4.(c4.14.1(c) will be: those carried out before the date of the Tenant's request that the Landlord requires to be removed by Notice to the Tenant within [six] weeks of the Landlord receiving the Tenant's request; and those carried out after service of the Tenant's request; and any other Permitted Works need not be removed.43 removed.39 [Clause 4.14.3 will apply to the Tenant's obligation to renew and replace floor coverings at the End Date under Clause 4.9.4 as if that obligation were an obligation to remove Permitted Works.]44 Works.]40 At the End Date the Tenant must: give back the Premises (and the fixtures, plant and equipment in them) in good decorative order and in a state, condition and working order consistent with the Tenant's obligations in this Lease;45 Lease;41 give back the Premises with vacant possession; and hand to the Landlord any registers or records maintained by the Tenant pursuant to any statutory duty that relate to the Premises including any health and safety file, EPC and asbestos survey. If the Tenant has not removed all of its property from the Premises by the End Date and the Landlord gives the Tenant not less than five Business Days' notice of its intention to do so: the Landlord may sell that property as the agent of the Tenant; the Tenant must indemnify the Landlord against any liability of the Landlord to any third party whose property has been sold in the genuine but mistaken belief that it belonged to the Tenant; and the Landlord must pay to the Tenant the sale proceeds after deducting the costs of transportation, storage and sale incurred by the Landlord. The Tenant must not use the Premises other than for the Permitted Use. The Tenant must not use the Premises as a betting office, an amusement arcade or in connection with gaming[, as offices to which members of the public are admitted] [, for any political or campaigning purposes] or for any sale by auction.46 auction.42 The Tenant must not use the Premises for the sale of alcohol for consumption on or off the Premises or for the preparation or cooking of food other than, in either case, in connection with staff and client catering facilities ancillary to the Permitted Use. The Tenant must not: keep in the Premises any plant, machinery or equipment (except that properly required for the Permitted Use) or any petrol or other explosive or specially flammable substance[ (other than petrol in the tanks of vehicles parked in any parking spaces within the Premises)]; cause any nuisance or damage to the Landlord or the other tenants or occupiers of the Building or the Estate or to the owners, tenants or occupiers of any adjoining premises; overload any part of the Premises or the Building or any plant, machinery, equipment or Conducting Media; do anything that blocks the Conducting Media or makes them function less efficiently including any blockage to or corrosion of any drains, pipes or sewers by virtue of any waste, grease or refuse deposited by the Tenant or any cleaning of them carried out by the Tenant; or operate any apparatus so as to interfere with the lawful use of Electronic Communications Apparatus or the provision of Wireless Data Services elsewhere in the Building or the Estate or on any adjoining premises. The Landlord does not warrant that the Permitted Use is, will be, or will remain lawfully permitted under the Planning Acts or the title deeds. The Tenant remains bound by the Tenant's obligations under this Lease even if the use is not lawfully permitted under the Planning Acts. [The Tenant must comply with any Wireless Policy.]47 Policy.]43 When exercising any right granted to it for entry to any other part of the Building or the Estate the Tenant must: cause as little damage and interference as is reasonably practicable to the remainder of the Building or the Estate and the business of its tenants and occupiers and make good any physical damage caused; and comply with the Landlord's requirements and those of any other tenants and occupiers of the Building or the Estate who are affected. The Tenant must provide the Landlord with the names, addresses and telephone numbers of not fewer than two people who from time to time hold keys and any security access codes to the Premises and who may be contacted in an emergency if the Landlord needs access to the Premises outside the Tenant's normal business hours. [The Tenant must not use any parking spaces in respect of which the Tenant is granted rights under paragraph 10. 9 of Part 1 of the Schedule: except for the parking of vehicles belonging to persons working at the Premises or any authorised visitors to the Premises; or for the repair, refuelling or maintenance of any vehicles.] Dealings with the Premises48 Premises44 The Tenant must not assign, sub-let, charge, hold on trust, part with or share possession or occupation of the Premises in whole or in part, except as authorised under this Clause 4.16 [or Part 9 of the Schedule.] The Tenant may, with the Landlord's consent, assign the Tenant's right to the whole of the Premises to a prospective tenant which is of sound financial standing and demonstrably capable of fulfilling the Tenant's obligations under this Lease49Lease45, except that: the Landlord may refuse consent to assign if the Tenant has not paid in full the Rent and all other sums due to the Landlord under this Lease that are not the subject of a legitimate dispute about their payment; the Landlord may refuse consent to assign in any other circumstances where it is reasonable to do so; and the Landlord may require any other condition to the Landlord’s 's consent if it is reasonable to do so. [The provisions of Part 9 of the Schedule apply to sub-lettings of the Premises and the Tenant must comply with its obligations in that Part of the Schedule.] The Tenant may charge the Tenant's right to the whole of the Premises to a genuine lending institution without the Landlord's consent but the Tenant must notify the Landlord under Clause 4.17 of any charge created. In addition to the provisions of this Clause 4.16, the Tenant may share occupation of the Premises with a Group Company of the Tenant[ and any Service Provider] on condition that: the Tenant notifies the Landlord of the identity of the occupier and the part of the Premises to be occupied; no relationship of landlord and tenant is created or is allowed to arise; the sharing of occupation ends if the occupier is no longer a Group Company of the Tenant[ or a Service Provider]; and the Tenant notifies the Landlord promptly when the occupation ends.
Appears in 1 contract
Samples: Lease Agreement
Relocation of External Works. The Tenant must relocate any External Works when requested to do so on not less than one month's notice by the Landlord. If permanent relocation of the External Works is required by the Landlord, the Landlord may serve notice under Clause 4.12.1 only if the relocation of the External Works will not have a material adverse impact on the Tenant's business at the Premises. If the Landlord requires temporary relocation of the External Works, the Landlord must keep the period of relocation as short as reasonably practicable in the circumstances. The Landlord will be responsible for the Tenant's costs and expenses in complying with the Landlord's request to relocate the External Works unless their relocation is required only temporarily to enable the Landlord to carry out any of the Services, in which case the costs will be included in the Service Costs. The Tenant must not display any signs or advertisements on the Premises other than: signs approved by the Landlord; normal trade signs displayed from within the Premises; or signage on the fascia of the Premises that are visible from outside the Building or any atrium or other Building Common Parts except, in either case, for business signs that indicate indicates the Tenant's trading name in the style of and consistent with the Tenant's standard business signage that are visible only through fascia signage. Where the main entrance to Premises have a glazed shop front, the PremisesTenant must maintain either the visibility of the shop interior from the shop front or a window display in keeping with good retailing practice. The Tenant must keep the Premises adequately lit during the Estate Opening Hours. By the End Date the Tenant must have removed: all tenant's and trade fixtures and loose contents from the Premises; all signage installed by the Tenant or any sub-tenant at the Premises or elsewhere on the Building or the Estate; subject to Clause 4.14.3, all Permitted Works; and without affecting any other Landlord's rights, any works that have been carried out by the Tenant in breach of any obligation in this Lease. The Tenant must make good all damage to the Premises, the Building or the Estate caused when complying with Clause 4.14.1 and restore them to the same configuration configuration, state and condition as they were in before the items removed were originally installed. If, no more than [nine] months and no less than [two] months before the End Date, the Tenant serves on the Landlord a request in the form set out in Part 7 of the Schedule the only Permitted Works that the Tenant must remove under Clause 4.(c4.14.1(c) will be: those carried out before the date of the Tenant's request that the Landlord requires to be removed by Notice to the Tenant within [six] weeks of the Landlord receiving the Tenant's request; and those carried out after service of the Tenant's request; and any other Permitted Works need not be removed.43 [Clause 4.14.3 will apply to the Tenant's obligation to renew and replace floor coverings at the End Date under Clause 4.9.4 as if that obligation were an obligation to remove Permitted Works.]44 removed.45 At the End Date the Tenant must: give back the Premises (and the fixtures, plant and equipment in them) in good decorative order and in a state, condition and working order consistent with the Tenant's obligations in this Lease;45 Lease;46 give back the Premises with vacant possession; and hand to the Landlord any registers or records maintained by the Tenant pursuant to any statutory duty that relate to the Premises including any health and safety file, EPC and asbestos survey. If the Tenant has not removed all of its property from the Premises by the End Date and the Landlord gives the Tenant not less than five Business Days' notice of its intention to do so: the Landlord may sell that property as the agent of the Tenant; the Tenant must indemnify the Landlord against any liability of the Landlord to any third party whose property has been sold in the genuine but mistaken belief that it belonged to the Tenant; and the Landlord must pay to the Tenant the sale proceeds after deducting the costs of transportation, storage and sale incurred by the Landlord. User47 The Tenant must not use the Premises other than for the Permitted Use. 48 The Tenant must not use the Premises as a betting office, an amusement arcade or in connection with gaming[, as offices to which members of the public are admitted] [, for any political or campaigning purposes] purposes or for any sale by auction.46 auction.49 The Tenant must not use the Premises for the sale of alcohol for consumption on or off the Premises or for the preparation or cooking of food other than, in either case, in connection with staff staff[ and client customer] catering facilities ancillary to the Permitted Use. The Tenant must not: keep in the Premises any plant, machinery or equipment (except that properly required for the Permitted Use) or any petrol or other explosive or specially flammable substance[ (other than petrol in the tanks of vehicles parked in any parking spaces within the Premises)]; cause any nuisance or damage to the Landlord or the other tenants or occupiers of the Building or the Estate or to the owners, tenants or occupiers of any adjoining premises; overload any part of the Premises or the Building or any plant, machinery, equipment or Conducting Media; do anything that blocks the Conducting Media or makes them function less efficiently including any blockage to or corrosion of any drains, pipes or sewers by virtue of any waste, grease or refuse deposited by the Tenant or any cleaning of them carried out by the Tenant; or operate any apparatus so as to interfere with the lawful use of Electronic Communications Apparatus or the provision of Wireless Data Services elsewhere in the Building or the Estate or on any adjoining premises. The Landlord does not warrant that the Permitted Use is, will be, or will remain lawfully permitted under the Planning Acts or the title deeds. The Tenant remains bound by the Tenant's obligations under this Lease even if the use is not lawfully permitted under the Planning Acts. [The Tenant must comply with any Wireless Policy.]47 Policy.]50 When exercising any right granted to it for entry to any other part of the Building or the Estate the Tenant must: cause as little damage and interference as is reasonably practicable to the remainder of the Building or the Estate and the business of its tenants and occupiers and make good any physical damage caused; and comply with the Landlord's requirements and those of any other tenants and occupiers of the Building or the Estate who are affected. On each day that the Premises are open for trade, the Tenant must arrange collection of any of the Tenant's customer trolleys that have been left on other parts of the Estate.51 The Tenant must provide the Landlord with the names, addresses and telephone numbers of not fewer than two people who from time to time hold keys and any security access codes to the Premises and who may be contacted in an emergency if the Landlord needs access to the Premises outside the Tenant's normal business hours. [The Tenant must not use any parking spaces in respect of which the Tenant is granted rights under paragraph 10. 8 of Part 1 of 1of the Schedule: except for the parking of vehicles belonging to persons working at the Premises or any authorised visitors to the Premises; or for the repair, refuelling or maintenance of any vehicles.] Dealings with the Premises48 Premises52 The Tenant must not assign, sub-let, charge, hold on trust, part with or share possession or occupation of the Premises in whole or in part, except as authorised under this Clause 4.16 [or Part 9 of the Schedule.] [The Tenant must not assign the Tenant's right to the whole of the Premises [or sub-let the Tenant's right to the Premises in whole or in part] during the first three years of the Term.] The Tenant must not assign the Tenant's right to the whole [or sub-let the Tenant's right to the whole [or a Permitted Part]]53 of the Premises unless it has complied its obligations in Part 11 of the Schedule and the Landlord has decided (or it is treated that the Landlord has decided) not to accept an offer to renounce the Premises to the Landlord. The Tenant may, with the Landlord's consent, assign the Tenant's right to the whole of the Premises to a prospective tenant which is of sound financial standing and demonstrably capable of fulfilling the Tenant's obligations under this Lease49Lease54, except that: the Landlord may refuse consent to assign if the Tenant has not paid in full the Rent and all other sums due to the Landlord under this Lease that are not the subject of a legitimate dispute about their payment; the Landlord may refuse consent to assign in any other circumstances where it is reasonable to do so; and the Landlord may require any other condition to the Landlord’s 's consent if it is reasonable to do so. [The provisions of Part 9 of the Schedule apply to sub-lettings of the Premises and the Tenant must comply with its obligations in that Part of the Schedule.] The Tenant may charge the Tenant's right to the whole of the Premises to a genuine lending institution without the Landlord's consent but the Tenant must notify the Landlord under Clause 4.17 of any charge created. In addition to the provisions of this Clause 4.16, the Tenant may share occupation of the Premises with a Group Company of the Tenant[ and any [, a Service Provider] or concessionaire on condition that: the Tenant notifies the Landlord of the identity of the occupier and the part of the Premises to be occupied; no relationship of landlord and tenant is created or is allowed to arisearise [ and the Premises retain the appearance of a retail unit in single occupation]; the sharing of occupation ends if the occupier is no longer a Group Company of the Tenant[ [, or a Service Provider]] or a concessionaire; and [and] the Tenant notifies the Landlord promptly when the occupation endsends[;and at any time concessionaires occupy no more than [Insert percentage]% of the sales area of the Premises in aggregate]55.
Appears in 1 contract
Samples: Lease Agreement
Relocation of External Works. The Tenant must relocate any External Works when requested to do so on not less than one month's notice by the Landlord. If permanent relocation of the External Works is required by the Landlord, the Landlord may serve notice under Clause 4.12.1 only if the relocation of the External Works will not have a material adverse impact on the Tenant's ’s business at the Premises. If the Landlord requires temporary relocation of the External Works, the Landlord must keep the period of relocation as short as reasonably practicable in the circumstances. The Landlord will be responsible for the Tenant's ’s costs and expenses in complying with the Landlord's ’s request to relocate the External Works unless their relocation is required only temporarily to enable the Landlord to carry out any of the Services, in which case the costs will be included in the Service Costs. The Tenant must not display any signs or advertisements on the Premises other than: signs approved by the Landlord; normal trade signs displayed from within the Premises; or signage on the fascia of the Premises that are visible from outside the Building or any atrium or other Building Common Parts except, in either case, for business signs that indicate indicates the Tenant's ’s trading name in the style of and consistent with the Tenant's ’s standard business signage that are visible only through fascia signage. Where the main entrance to Premises have a glazed shop front, the PremisesTenant must maintain either the visibility of the shop interior from the shop front or a window display in keeping with good retailing practice. The Tenant must keep the Premises adequately lit during the Estate Opening Hours. By the End Date the Tenant must have removed: all tenant's ’s and trade fixtures and loose contents from the Premises; all signage installed by the Tenant or any sub-tenant at the Premises or elsewhere on the Building or the Estate; subject to Clause 4.14.3, all Permitted Works; and without affecting any other Landlord's ’s rights, any works that have been carried out by the Tenant in breach of any obligation in this Lease. The Tenant must make good all damage to the Premises, the Building or the Estate caused when complying with Clause 4.14.1 and restore them to the same configuration configuration, state and condition as they were in before the items removed were originally installed. If, no more than [nine] months and no less than [two] months before the End Date, the Tenant serves on the Landlord a request in the form set out in Part 7 Error: Reference source not found of the Schedule the only Permitted Works that the Tenant must remove under Clause 4.(c4.14.1(c) will be: those carried out before the date of the Tenant's ’s request that the Landlord requires to be removed by Notice to the Tenant within [six] weeks of the Landlord receiving the Tenant's ’s request; and those carried out after service of the Tenant's ’s request; and any other Permitted Works need not be removed.43 [Clause 4.14.3 will apply to the Tenant's obligation to renew and replace floor coverings at the End Date under Clause 4.9.4 as if that obligation were an obligation to remove Permitted Works.]44 removed.45 At the End Date the Tenant must: give back the Premises (and the fixtures, plant and equipment in them) in good decorative order and in a state, condition and working order consistent with the Tenant's ’s obligations in this Lease;45 Lease;46 give back the Premises with vacant possession; and hand to the Landlord any registers or records maintained by the Tenant pursuant to any statutory duty that relate to the Premises including any health and safety file, EPC and asbestos survey. If the Tenant has not removed all of its property from the Premises by the End Date and the Landlord gives the Tenant not less than five Business Days' ’ notice of its intention to do so: the Landlord may sell that property as the agent of the Tenant; the Tenant must indemnify the Landlord against any liability of the Landlord to any third party whose property has been sold in the genuine but mistaken belief that it belonged to the Tenant; and the Landlord must pay to the Tenant the sale proceeds after deducting the costs of transportation, storage and sale incurred by the Landlord. User47 The Tenant must not use the Premises other than for the Permitted Use. 48 The Tenant must not use the Premises as a betting office, an amusement arcade or in connection with gaming[, as offices to which members of the public are admitted] [, for any political or campaigning purposes] purposes or for any sale by auction.46 auction.49 The Tenant must not use the Premises for the sale of alcohol for consumption on or off the Premises or for the preparation or cooking of food other than, in either case, in connection with staff staff[ and client customer] catering facilities ancillary to the Permitted Use. The Tenant must not: keep in the Premises any plant, machinery or equipment (except that properly required for the Permitted Use) or any petrol or other explosive or specially flammable substance[ (other than petrol in the tanks of vehicles parked in any parking spaces within the Premises)]; cause any nuisance or damage to the Landlord or the other tenants or occupiers of the Building or the Estate or to the owners, tenants or occupiers of any adjoining premises; overload any part of the Premises or the Building or any plant, machinery, equipment or Conducting Media; do anything that blocks the Conducting Media or makes them function less efficiently including any blockage to or corrosion of any drains, pipes or sewers by virtue of any waste, grease or refuse deposited by the Tenant or any cleaning of them carried out by the Tenant; or operate any apparatus so as to interfere with the lawful use of Electronic Communications Apparatus or the provision of Wireless Data Services elsewhere in the Building or the Estate or on any adjoining premises. The Landlord does not warrant that the Permitted Use is, will be, or will remain lawfully permitted under the Planning Acts or the title deeds. The Tenant remains bound by the Tenant's obligations under this Lease even if the use is not lawfully permitted under the Planning Acts. [The Tenant must comply with any Wireless Policy.]47 Policy.]50 When exercising any right granted to it for entry to any other part of the Building or the Estate the Tenant must: cause as little damage and interference as is reasonably practicable to the remainder of the Building or the Estate and the business of its tenants and occupiers and make good any physical damage caused; and comply with the Landlord's ’s requirements and those of any other tenants and occupiers of the Building or the Estate who are affected. On each day that the Premises are open for trade, the Tenant must arrange collection of any of the Tenant’s customer trolleys that have been left on other parts of the Estate.51 The Tenant must provide the Landlord with the names, addresses and telephone numbers of not fewer than two people who from time to time hold keys and any security access codes to the Premises and who may be contacted in an emergency if the Landlord needs access to the Premises outside the Tenant's ’s normal business hours. [The Tenant must not use any parking spaces in respect of which the Tenant is granted rights under paragraph 108. of Part 1 of the Schedule: except for the parking of vehicles belonging to persons working at the Premises or any authorised visitors to the Premises; or for the repair, refuelling or maintenance of any vehicles.] Dealings with the Premises48 Premises52 The Tenant must not assign, sub-let, charge, hold on trust, part with or share possession or occupation of the Premises in whole or in part, except as authorised under this Clause 4.16 [or Part 9 Error: Reference source not found of the Schedule.] [The Tenant must not assign the Tenant's right to the whole of the Premises [or sub-let the Tenant's right to the Premises in whole or in part] during the first three years of the Term.] The Tenant may, with the Landlord's ’s consent, assign the Tenant's right to the whole of the Premises to a prospective tenant which is of sound financial standing and demonstrably capable of fulfilling the Tenant's obligations under this Lease49Lease53, except that: the Landlord may refuse consent to assign if the Tenant has not paid in full the Rent and all other sums due to the Landlord under this Lease that are not the subject of a legitimate dispute about their payment; the Landlord may refuse consent to assign in any other circumstances where it is reasonable to do so; and the Landlord may require any other condition to the Landlord’s consent if it is reasonable to do so. [The provisions of Part 9 Error: Reference source not found of the Schedule apply to sub-lettings of the Premises and the Tenant must comply with its obligations in that Part of the Schedule.] The Tenant may charge the Tenant's right to the whole of the Premises to a genuine lending institution without the Landlord's ’s consent but the Tenant must notify the Landlord under Clause 4.17 of any charge created. In addition to the provisions of this Clause 4.16, the Tenant may share occupation of the Premises with a Group Company of the Tenant[ and [, any Service Provider] or concessionaire on condition that: the Tenant notifies the Landlord of the identity of the occupier and the part of the Premises to be occupied; no relationship of landlord and tenant is created or is allowed to arisearise [ and the Premises retain the appearance of a retail unit in single occupation]; the sharing of occupation ends if the occupier is no longer a Group Company of the Tenant[ or [, a Service Provider]] or a concessionaire; and [and] the Tenant notifies the Landlord promptly when the occupation endsends[;and at any time concessionaires occupy no more than [Insert percentage]% of the sales area of the Premises in aggregate]54.
Appears in 1 contract
Samples: Lease Agreement
Relocation of External Works. The Tenant must relocate any External Works when requested to do so on not less than one month's notice by the Landlord. If permanent relocation of the External Works is required by the Landlord, the Landlord may serve notice under Clause 4.12.1 only if the relocation of the External Works will not have a material adverse impact on the Tenant's business at the Premises. If the Landlord requires temporary relocation of the External Works, the Landlord must keep the period of relocation as short as reasonably practicable in the circumstances. The Landlord will be responsible for the Tenant's costs and expenses in complying with the Landlord's request to relocate the External Works unless their relocation is required only temporarily to enable the Landlord to carry out any of the Services, in which case the costs will be included in the Service Costs. The Tenant must not display any signs or advertisements on the Premises other than: signs approved by the Landlord; normal trade signs displayed from within the Premises; or signage on the fascia of the Premises that are visible from outside the Building or any atrium or other Building Common Parts except, in either case, for business signs that indicate indicates the Tenant's trading name in the style of and consistent with the Tenant's standard business signage that are visible only through fascia signage. The Tenant must maintain either the main entrance to visibility of the shop interior from the shop front or a window display in keeping with good retailing practice. The Tenant must keep the Premises adequately lit during [the usual trading hours for retail premises in the vicinity of the Premises] [such hours as the Landlord may stipulate]. By the End Date the Tenant must have removed: all tenant's and trade fixtures and loose contents from the Premises; all signage installed by the Tenant or any sub-tenant at the Premises or elsewhere on the Building or the EstateBuilding; subject to Clause 4.14.3, all Permitted Works; and without affecting any other Landlord's rights, any works that have been carried out by the Tenant in breach of any obligation in this Lease. The Tenant must make good all damage to the Premises, Premises or the Building or the Estate caused when complying with Clause 4.14.1 and restore them to the same configuration state and condition as they were in before the items removed were originally installed. If, no more than [nine] months and no less than [two] months before the End Date, the Tenant serves on the Landlord a request in the form set out in Part 7 Error: Reference source not found of the Schedule the only Permitted Works that the Tenant must remove under Clause 4.(c) will be: those carried out before the date of the Tenant's request that the Landlord requires to be removed by Notice to the Tenant within [six] weeks of the Landlord receiving the Tenant's request; and those carried out after service of the Tenant's request; and any other Permitted Works need not be removed.43 [Clause 4.14.3 will apply to the Tenant's obligation to renew and replace floor coverings at the End Date under Clause 4.9.4 as if that obligation were an obligation to remove Permitted Works.]44 removed.33 At the End Date the Tenant must: give back the Premises (and the fixtures, plant and equipment in them) in good decorative order and in a state, condition and working order consistent with the Tenant's obligations in this Lease;45 Lease;34 give back the Premises with vacant possession; and hand to the Landlord any registers or records maintained by the Tenant pursuant to any statutory duty that relate to the Premises including any health and safety file, EPC and asbestos survey. If the Tenant has not removed all of its property from the Premises by the End Date and the Landlord gives the Tenant not less than five Business Days' notice of its intention to do so: the Landlord may sell that property as the agent of the Tenant; the Tenant must indemnify the Landlord against any liability of the Landlord to any third party whose property has been sold in the genuine but mistaken belief that it belonged to the Tenant; and the Landlord must pay to the Tenant the sale proceeds after deducting the costs of transportation, storage and sale incurred by the Landlord. User35 The Tenant must not use the Premises other than for the Permitted Use. 36 The Tenant must not use the Premises as a betting office, an amusement arcade or in connection with gaming[, as offices to which members of the public are admitted] [, for any political or campaigning purposes] purposes or for any sale by auction.46 auction.37 The Tenant must not use the Premises for the sale of alcohol for consumption [on or off off] the Premises or for the preparation or cooking of food other than, in either case, in connection with staff staff[ and client customer] catering facilities ancillary to the Permitted Use. The Tenant must not: keep in the Premises any plant, machinery or equipment (except that properly required for the Permitted Use) or any petrol or other explosive or specially flammable substance[ (other than petrol in the tanks of vehicles parked in any parking spaces within the Premises)]; cause any nuisance or damage to the Landlord or the other tenants or occupiers of the Building or the Estate or to the owners, tenants or occupiers of any adjoining premises; overload any part of the Premises or the Building or any plant, machinery, equipment or Conducting Media; do anything that blocks the Conducting Media or makes them function less efficiently including any blockage to or corrosion of any drains, pipes or sewers by virtue of any waste, grease or refuse deposited by the Tenant or any cleaning of them carried out by the Tenant; or operate any apparatus so as to interfere with the lawful use of Electronic Communications Apparatus or the provision of Wireless Data Services elsewhere in the Building or the Estate or on any adjoining premises. The Landlord does not warrant that the Permitted Use is, will be, or will remain lawfully permitted under the Planning Acts or the title deeds. The Tenant remains bound by the Tenant's obligations under this Lease even if the use is not lawfully permitted under the Planning Acts. [The Tenant must comply with any Wireless Policy.]47 Policy.]38 When exercising any right granted to it for entry to any other part of the Building or the Estate the Tenant must: cause as little damage and interference as is reasonably practicable to the remainder of the Building or the Estate and the business of its tenants and occupiers and make good any physical damage caused; and comply with the Landlord's requirements and those of any other tenants and occupiers of the Building or the Estate who are affected. [On each day that the Premises are open for trade, the Tenant must arrange the regular collection of any of the Tenant's customer trolleys that have been left outside the Premises]39 The Tenant must provide the Landlord with the names, addresses and telephone numbers of not fewer than two people who from time to time hold keys and any security access codes to the Premises and who may be contacted in an emergency if the Landlord needs access to the Premises outside the Tenant's normal business hours. [The Tenant must not use any parking spaces in respect of which the Tenant is granted rights under paragraph 107. of Part 1 of the Schedule: except for the parking of vehicles belonging to persons working at the Premises or any authorised visitors to the Premises; or for the repair, refuelling or maintenance of any vehicles.] Dealings with the Premises48 Premises40 The Tenant must not assign, sub-let, charge, hold on trust, part with or share possession or occupation of the Premises in whole or in part, except as authorised under this Clause 4.16 [or Part 9 Error: Reference source not found of the Schedule.] [The Tenant must not assign the Tenant's right to the whole of the Premises [or sub-let the Tenant's right to the Premises in whole or in part] during the first three years of the Term.] The Tenant may, with the Landlord's consent, assign the Tenant's right to the whole of the Premises to a prospective tenant which is of sound financial standing and demonstrably capable of fulfilling the Tenant's obligations under this Lease49Lease41, except that: the Landlord may refuse consent to assign if the Tenant has not paid in full the Rent and all other sums due to the Landlord under this Lease that are not the subject of a legitimate dispute about their payment; the Landlord may refuse consent to assign in any other circumstances where it is reasonable to do so; and the Landlord may require any other condition to the Landlord’s 's consent if it is reasonable to do so. [The provisions of Part 9 Error: Reference source not found of the Schedule apply to sub-lettings of the Premises and the Tenant must comply with its obligations in that Part of the Schedule.] The Tenant may charge the Tenant's right to the whole of the Premises to a genuine lending institution without the Landlord's consent but the Tenant must notify the Landlord under Clause 4.17 of any charge created. In addition to the provisions of this Clause 4.16, the Tenant may share occupation of the Premises with a Group Company of the Tenant[ and any [, a Service Provider] or concessionaire on condition that: the Tenant notifies the Landlord of the identity of the occupier and the part of the Premises to be occupied; no relationship of landlord and tenant is created or is allowed to arisearise [ and the Premises retain the appearance of a retail unit in single occupation]; the sharing of occupation ends if the occupier is no longer a Group Company of the Tenant[ or [, a Service Provider]] or a concessionaire; and [and] the Tenant notifies the Landlord promptly when the occupation ends[; and at any time concessionaires occupy no more than [Insert percentage]% of the sales area of the Premises in aggregate]42.
Appears in 1 contract
Samples: Lease Agreement
Relocation of External Works. The Tenant must relocate any External Works when requested to do so on not less than one month's notice by the Landlord. If permanent relocation of the External Works is required by the Landlord, the Landlord may serve notice under Clause 4.12.1 only if the relocation of the External Works will not have a material adverse impact on the Tenant's business at the Premises. If the Landlord requires temporary relocation of the External Works, the Landlord must keep the period of relocation as short as reasonably practicable in the circumstances. The Landlord will be responsible for the Tenant's costs and expenses in complying with the Landlord's request to relocate the External Works unless their relocation is required only temporarily to enable the Landlord to carry out any of the Services, in which case the costs will be included in the Service Costs. The Tenant must not display any signs or advertisements on the Premises that are visible from outside the Building or any atrium or other Building Common Parts except, in either case, for business signs that indicate the Tenant's trading name in the style of and consistent with the Tenant's standard business signage that are visible only through the main entrance to the Premises. By the End Date the Tenant must have removed: all tenant's and trade fixtures and loose contents from the Premises; all signage installed by the Tenant or any sub-tenant at the Premises or elsewhere on the Building or the Estate; subject to Clause 4.14.3, all Permitted Works; and without affecting any other Landlord's rights, any works that have been carried out by the Tenant in breach of any obligation in this Lease. The Tenant must make good all damage to the Premises, the Building or the Estate caused when complying with Clause 4.14.1 and restore them to the same configuration state and condition as they were in before the items removed were originally installed. If, no more than [nine] months and no less than [two] months before the End Date, the Tenant serves on the Landlord a request in the form set out in Part 7 Error: Reference source not found of the Schedule the only Permitted Works that the Tenant must remove under Clause 4.(c) will be: those carried out before the date of the Tenant's request that the Landlord requires to be removed by Notice to the Tenant within [six] weeks of the Landlord receiving the Tenant's request; and those carried out after service of the Tenant's request; and any other Permitted Works need not be removed.43 [Clause 4.14.3 will apply to the Tenant's obligation to renew and replace floor coverings at the End Date under Clause 4.9.4 as if that obligation were an obligation to remove Permitted Works.]44 At the End Date the Tenant must: give back the Premises (and the fixtures, plant and equipment in them) in good decorative order and in a state, condition and working order consistent with the Tenant's obligations in this Lease;45 give back the Premises with vacant possession; and hand to the Landlord any registers or records maintained by the Tenant pursuant to any statutory duty that relate to the Premises including any health and safety file, EPC and asbestos survey. If the Tenant has not removed all of its property from the Premises by the End Date and the Landlord gives the Tenant not less than five Business Days' notice of its intention to do so: the Landlord may sell that property as the agent of the Tenant; the Tenant must indemnify the Landlord against any liability of the Landlord to any third party whose property has been sold in the genuine but mistaken belief that it belonged to the Tenant; and the Landlord must pay to the Tenant the sale proceeds after deducting the costs of transportation, storage and sale incurred by the Landlord. The Tenant must not use the Premises other than for the Permitted Use. The Tenant must not use the Premises as a betting office, an amusement arcade or in connection with gaming[, as offices to which members of the public are admitted] [, for any political or campaigning purposes] or for any sale by auction.46 The Tenant must not use the Premises for the sale of alcohol for consumption on or off the Premises or for the preparation or cooking of food other than, in either case, in connection with staff and client catering facilities ancillary to the Permitted Use. The Tenant must not: keep in the Premises any plant, machinery or equipment (except that properly required for the Permitted Use) or any petrol or other explosive or specially flammable substance[ (other than petrol in the tanks of vehicles parked in any parking spaces within the Premises)]; cause any nuisance or damage to the Landlord or the other tenants or occupiers of the Building or the Estate or to the owners, tenants or occupiers of any adjoining premises; overload any part of the Premises or the Building or any plant, machinery, equipment or Conducting Media; do anything that blocks the Conducting Media or makes them function less efficiently including any blockage to or corrosion of any drains, pipes or sewers by virtue of any waste, grease or refuse deposited by the Tenant or any cleaning of them carried out by the Tenant; or operate any apparatus so as to interfere with the lawful use of Electronic Communications Apparatus or the provision of Wireless Data Services elsewhere in the Building or Building, the Estate or on any adjoining premises. The Landlord does not warrant that the Permitted Use is, will be, or will remain lawfully permitted under the Planning Acts or the title deeds. The Tenant remains bound by the Tenant's obligations under this Lease even if the use is not lawfully permitted under the Planning Acts. [The Tenant must comply with any Wireless Policy.]47 When exercising any right granted to it for entry to any other part of the Building or the Estate the Tenant must: cause as little damage and interference as is reasonably practicable to the remainder of the Building or the Estate and the business of its tenants and occupiers and make good any physical damage caused; and comply with the Landlord's requirements and those of any other tenants and occupiers of the Building or the Estate who are affected. The Tenant must provide the Landlord with the names, addresses and telephone numbers of not fewer than two people who from time to time hold keys and any security access codes to the Premises and who may be contacted in an emergency if the Landlord needs access to the Premises outside the Tenant's normal business hours. [The Tenant must not use any parking spaces in respect of which the Tenant is granted rights under paragraph 10. of Part 1 of the Schedule: except for the parking of vehicles belonging to persons working at the Premises or any authorised visitors to the Premises; or for the repair, refuelling or maintenance of any vehicles.] Dealings with the Premises48 The Tenant must not assign, sub-let, charge, hold on trust, part with or share possession or occupation of the Premises in whole or in part, except as authorised under this Clause 4.16 [or Part 9 Error: Reference source not found of the Schedule.] The Tenant may, with the Landlord's consent, assign the Tenant's right to the whole of the Premises to a prospective tenant which is of sound financial standing and demonstrably capable of fulfilling the Tenant's obligations under this Lease49, except that: the Landlord may refuse consent to assign if the Tenant has not paid in full the Rent and all other sums due to the Landlord under this Lease that are not the subject of a legitimate dispute about their payment; the Landlord may refuse consent to assign in any other circumstances where it is reasonable to do so; and the Landlord may require any other condition to the Landlord’s consent if it is reasonable to do so. [The provisions of Part 9 Error: Reference source not found of the Schedule apply to sub-lettings of the Premises and the Tenant must comply with its obligations in that Part of the Schedule.] The Tenant may charge the Tenant's right to the whole of the Premises to a genuine lending institution without the Landlord's consent but the Tenant must notify the Landlord under Clause 4.17 of any charge created. In addition to the provisions of this Clause 4.16, the Tenant may share occupation of the Premises with a Group Company of the Tenant[ and any Service Provider] on condition that: the Tenant notifies the Landlord of the identity of the occupier and the part of the Premises to be occupied; no relationship of landlord and tenant is created or is allowed to arise; the sharing of occupation ends if the occupier is no longer a Group Company of the Tenant[ or a Service Provider]; and the Tenant notifies the Landlord promptly when the occupation ends.
Appears in 1 contract
Samples: Lease Agreement