RIGHTS EXCEPTED AND RESERVED. 4.1 The following rights are excepted and reserved from this lease to the Landlord for the benefit of the Building and the Landlord's Neighbouring Property : (a) the right to support and protection from the Property; (b) rights of light, air, support and protection to the extent those rights are capable of being enjoyed at any time during the term; (c) the right to use and to connect into Service Media at, but not forming part of, the Property which are in existence at the date of this lease or which are installed or constructed during the term; the right to install and construct Service Media at the Property to serve any part of the Building (whether or not such Service Media also serve the Property); and the right to re-route any Service Media mentioned in this clause; (d) the right to erect scaffolding at the Property or the Building and attach it to any part of the Property or the Building in connection with any of the Reservations; (e) the right after consultation with the Tenant to attach any structure, fixture or fitting to the boundary of the Property in connection with any of the Reservations; (f) the right to temporarily re-route any means of access to or egress from the Property or the Building and to temporarily change the areas over which the Rights mentioned in clause 3.1(a) are exercised; and (g) the right to re-route and replace any Service Media over which the Rights mentioned in clause 3.1(f) are exercised; and (h) the right to enter the Property so far is as necessary to access the museum store on the first floor and those parts of the Museum located in the basement (i) the right to pass and xxxxxx on foot across the Balcony SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement; (j) the right to pass and xxxxxx on foot across those parts of the Property that form part of the Circulation Route SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement; (k) the right to pass and xxxxxx on foot across the Tenant’s Property at any time in order to access the plant room in the basement of the Building; (l) the right to use the services and facilities offered by the Tenant from the Café in accordance with the provisions of the Community Use and Management Agreement. notwithstanding that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or air to the Property or the Common Parts or loss of amenity for the Property or the Common Parts. 4.2 The Landlord reserves the right to enter the Property: (a) to repair, maintain, install, construct re-route or replace any Service Media or structure relating to any of the Reservations; and (b) to carry out any works to the Common Parts, the Central Gallery, the Terrace or the Museum; (c) for any other purpose mentioned in or connected with: (i) this lease; (ii) the Reservations; and (iii) the Landlord’s interest in the Property, the Building or the Landlord's Neighbouring Property; (d) or for any other reasonable reason PROVIDED THAT the entry and/or carrying out of such works shall not unreasonably interrupt the Tenant's operations conducted from the Property. 4.3 The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, and by anyone authorised by the Landlord. 4.4 In relation to the Reservations mentioned in clause 4.1(i) and 4.1(l) these may be exercised by the visitors to the Museum as well as any party entitled to exercise them in accordance with clause 4.3. 4.5 The Tenant shall allow all those entitled to exercise any right to enter the Property, to do so with their workers, contractors, agents and professional advisors, and to enter the Property at any reasonable time (whether or not during usual business hours) and, except in the case of an emergency, after having given reasonable notice (which in the case of emergency only need not be in writing) to the Tenant. 4.6 No party exercising any of the Reservations, nor its workers, contractors, agents and professional advisors, shall be liable to the Tenant or to any undertenant or other occupier of or person at the Property for any loss, damage, injury, nuisance or inconvenience arising by reason of its exercising any of the Reservations except for: (a) physical damage to the Property; or (b) any loss, damage, injury, nuisance or inconvenience in relation to which the law prevents the Landlord from excluding liability.
Appears in 4 contracts
Samples: Lease, Lease Agreement, Lease Agreement
RIGHTS EXCEPTED AND RESERVED. 4.1 The following rights (the Reservations) are excepted and reserved from this lease to the Landlord for the benefit of the Building and the Landlord's Neighbouring Property [and to the extent possible for the benefit of any neighbouring or adjoining property in which the Landlord acquires an interest during the term]:
(a) the right to support and protection from the Property;
(b) all rights of light, air, support light and protection to air over the extent those rights Property as exist at the date of this lease or are capable of being subsequently enjoyed at any time during the term;
(b) a right of protection from the Equipment for that part of the roof of the Building beneath the Equipment;
(c) the right [Subject to use and clauses clause 26.7 to connect into Service Media at, but clause Error! Reference source not forming part of, the Property which are in existence found.] at the date of this lease or which are installed or constructed any time during the term; , the full and free right to install develop the Landlord's Neighbouring Property [and construct Service Media at any neighbouring or adjoining property in which the Property to serve any part of Landlord acquires an interest during the Building (whether or not such Service Media also serve term] as the Property); and the right to re-route any Service Media mentioned in this clauseLandlord may think fit;
(d) the right to erect scaffolding at the Property or the Building and attach it to any part of the Property or the Building in connection with any of the Reservations;
(e) [the right after consultation with the Tenant right, without payment, to attach any structure, fixture or fitting to the boundary use such amounts of the Property electricity generated by the Equipment as the Landlord (or its tenants or other occupiers) shall require for use in connection with any of the ReservationsBuilding [and/or the Landlord's Neighbouring Property]];
(f) the right to temporarily re-route any means of access to or egress from the Property or the Building and to temporarily change the areas over which the Rights mentioned in clause 3.1(a3.1(b) are exercised; [and]
(g) the right to re-route and replace any Service Media over which the Rights mentioned in clause 3.1(f3.1(e) are exercised; [and]
(h) the right to enter the Property so far is as necessary to access the museum store on the first floor and those parts of the Museum located in the basement
(i) the right to pass and xxxxxx on foot across the Balcony SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(j) the right to pass and xxxxxx on foot across those parts of the Property that form part of the Circulation Route SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(k) the right to pass and xxxxxx on foot across the Tenant’s Property at any time in order to access the plant room in the basement of the Building;
(l) the right to use the services and facilities offered by the Tenant from the Café in accordance with the provisions of the Community Use and Management Agreement[ANY OTHER SPECIFIC RIGHTS THAT NEED TO BE RESERVED]. notwithstanding that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or air to the Property or the Common Parts or loss of amenity for the Property or the Common PartsParts provided that they do not materially adversely affect the use and enjoyment of the Property for the Permitted Use.
4.2 The Landlord also reserves the right to enter the Property:
(a) to inspect, repair, maintain, install, construct construct, re-route or replace replace:
(i) the roof and any structural parts of the Building;
(ii) any Service Media or structure relating to any of the ReservationsMedia; and
(b) to carry out any works to the Common Parts, the Central Gallery, the Terrace or the Museum;
(c) for any other purpose mentioned in or connected with:
(i) this lease;
(ii) the Reservations; and
(iii) the Landlord’s interest in the Property, the Building or the Landlord's Neighbouring Property;
(d) or for any other reasonable reason PROVIDED THAT the entry and/or carrying out of such works shall not unreasonably interrupt the Tenant's operations conducted from the Property.
4.3 The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, and by anyone authorised by the Landlord.
4.4 In relation to the Reservations mentioned in clause 4.1(i) and 4.1(l) these may be exercised by the visitors to the Museum as well as any party entitled to exercise them in accordance with clause 4.3.
4.5 The Tenant shall allow all those entitled to exercise any right to enter the Property, to do so with their workers, contractors, agents and professional advisors, and to enter the Property at any reasonable time (whether or not during usual business hours) and, except in the case of an emergency, after having given reasonable notice (which in the case of emergency only need not be in writing) to the Tenant.
4.5 The Tenant shall (at its own expense) take such steps as are necessary (including temporarily suspending operation of or removing or relocating some or all of the Equipment) in order to permit the Landlord to exercise the Reservations mentioned in clause 4.2.
4.6 Any party exercising any of the Reservations shall use all reasonable endeavours to minimise any consequent disruption or interruption to the continued operation of the Equipment for the Permitted Use.
4.7 No party exercising any of the Reservations, nor its workers, contractors, agents and professional advisors, shall be liable to the Tenant or to any undertenant or other occupier of or person at the Property for any loss, damage, injury, nuisance or inconvenience arising by reason of its that party exercising any of the Reservations except for:
(a) physical damage to the PropertyProperty or the Equipment; or
(b) any loss, damage, injury, nuisance or inconvenience in relation to which the law prevents the Landlord from excluding liability.
Appears in 3 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
RIGHTS EXCEPTED AND RESERVED. 4.1 The following rights are excepted and reserved from this lease to the Landlord for the benefit of the Building and the Landlord's ’s Neighbouring Property and to the extent possible for the benefit of any neighbouring or adjoining property in which the Landlord acquires an interest during the term:
(a) the right to support and protection from the Property;
(b) rights of light, air, support and protection to the extent those rights are capable of being enjoyed at any time during the term;
(cb) the right to use and to connect into Service Media at, but not forming part of, at the Property which are in existence at the date of this lease or which are installed or constructed during the Contractual Term;
(c) at any time during the term; , the full and free right to install develop the Landlord’s Neighbouring Property and construct Service Media at any neighbouring or adjoining property in which the Property to serve any part of Landlord acquires an interest during the Building (whether or not such Service Media also serve term as the Property); and the right to re-route any Service Media mentioned in this clauseLandlord may think fit;
(d) the right to erect scaffolding at the Property or the Building and attach it to any part of building or structure on the Property or the Building in connection with any of the Reservations;
(e) the right after consultation with the Tenant to attach build on or into any structure, fixture or fitting to the boundary wall of the Property in connection with any of the Reservations;; [and]
(f) the right to temporarily re-route any Service Media at or serving the Property or re-route any means of access to or egress from the Property or the Building and to temporarily change the areas over which the Rights mentioned in clause 3.1(a) are exercisedProperty; and
(g) the right to re-route and replace any Service Media over which the Rights mentioned in clause 3.1(f) are exercised; and
(h) the right to enter the Property so far is as necessary to access the museum store on the first floor and those parts of the Museum located in the basement
(i) the right to pass and xxxxxx on foot across the Balcony SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(j) the right to pass and xxxxxx on foot across those parts of the Property that form part of the Circulation Route SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(k) the right to pass and xxxxxx on foot across the Tenant’s Property at any time in order to access the plant room in the basement of the Building;
(l) the right to use the services and facilities offered by the Tenant from the Café in accordance with the provisions of the Community Use and Management Agreement. [ANY OTHER SPECIFIC RIGHTS THAT NEED TO BE RESERVED].] notwithstanding that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or air to the Property or the Common Parts or loss of amenity for the Property or provided that they do not materially affect the Common Partsuse and enjoyment of the Property for the Permitted Use.
4.2 The Landlord reserves the right to enter the Property:
(a) to repair, maintain, install, construct re-route maintain or replace any Service Media or structure relating to any of the Reservations; and
(b) to carry out any works to the Common Parts, the Central Gallery, the Terrace or the Museum;
(c) for any other purpose mentioned in or connected with:
(i) this lease;
(ii) the Reservations; and
(iii) the Landlord’s interest in the Property, the Building or the Landlord's Neighbouring Property;
(d) or for any other reasonable reason PROVIDED THAT the entry and/or carrying out of such works shall not unreasonably interrupt the Tenant's operations conducted from the Property.
4.3 The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, and by anyone authorised by the Landlord.
4.4 In relation to the Reservations mentioned in clause 4.1(i) and 4.1(l) these may be exercised by the visitors to the Museum as well as any party entitled to exercise them in accordance with clause 4.3.
4.5 The Tenant shall allow all those entitled to exercise any right to enter the Property, to do so with their workers, contractors, agents and professional advisors, and to enter the Property at any reasonable time (whether or not during usual business hours) and, except in the case of an emergency, after having given reasonable notice (which in the case of emergency only need not be in writing) to the Tenant.
4.6 4.5 No party exercising any of the Reservations, nor its workers, contractors, agents and professional advisors, shall be liable to the Tenant or to any undertenant or other occupier of or person at the Property for any loss, damage, injury, nuisance or inconvenience arising by reason of its exercising any of the those Reservations except for:
(a) physical damage to the Property; or
(b) any loss, damage, injury, nuisance or inconvenience in relation to which the law prevents the Landlord from excluding liability.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
RIGHTS EXCEPTED AND RESERVED. 4.1 The following rights are excepted and reserved from this lease to the Landlord for the benefit of the Building and the Landlord's ’s Neighbouring Property and to the extent possible for the benefit of any neighbouring or adjoining property in which the Landlord acquires an interest during the term:
(a) the right to support and protection from the Property;
(b) rights of light, air, support and protection to the extent those rights are capable of being enjoyed at any time during the term;
(cb) the right to use and to connect into Service Media at, but not forming part of, the Property which are in existence at the date of this lease or which are installed or constructed during the termperiod of 15 years from the commencement of the Contractual Term; the right to install and construct Service Media at the Property to serve any part of the Building (whether or not such Service Media also serve the Property); and the right to re-route any Service Media mentioned in this clause;
(c) at any time during the term, the full and free right to develop the Landlord’s Neighbouring Property and any neighbouring or adjoining property in which the Landlord acquires an interest during the term as the Landlord may think fit;
(d) the right to erect scaffolding at the Property or the Building and attach it to any part of the Property or the Building in connection with any of the Reservations;
(e) the right after consultation with the Tenant to attach any structure, fixture or fitting to the boundary of the Property in connection with any of the Reservations;
(f) the right to temporarily re-route any means of access to or egress from the Property or the Building and to temporarily change the areas over which the Rights mentioned in clause 3.1(a3.1(b) are exercised; and
(g) the right to re-route and replace any Service Media over which the Rights mentioned in clause 3.1(f) are exercised; and
(h) the right to enter install plant and equipment within the Property so far is as necessary to access the museum store area coloured yellow on the first floor and those parts of the Museum located in the basementBuilding Floor Plan which is marked Tenant Lease Plan Level 05.
(i) the right to pass and xxxxxx on foot across enter the Balcony SUBJECT always Property in order to temporary interruption take meter readings in respect of the supply of electricity to the said right in accordance with the provisions of the Community Use and Management Agreement;Property; and
(j) the right to pass and xxxxxx on foot across those parts enter the Property to carry out any of the Property that form part of the Circulation Route SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management AgreementServices;
(k) the right to pass enter the Property to carry out any works to the Service Media, any mechanical and xxxxxx on foot across the Tenant’s Property at electrical plant and equipment and any time in order to access the plant room in the basement of the Building;
(l) the right to use the services fume cupboards and facilities offered by the Tenant from the Café in accordance with the provisions of the Community Use and Management Agreementexternally vented safety cabinets. notwithstanding that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or air to the Property or the Common Parts or loss of amenity for the Property or the Common Parts.
4.2 The Tenant:
(a) acknowledges and accepts that the Landlord is together with other parties intending to develop the whole of the Building together with other property and that works at the Building and the Estate may continue after the date of this lease; and
(b) waives any right against the Landlord under the Lease or otherwise to claim damages, compensation or any other remedy arising from the disturbance, nuisance or inconvenience caused by such continuing works.
4.3 The Landlord reserves the right to enter the Property:
(a) to repair, maintain, install, construct construct, re-route or replace any Service Media or structure (including but not limited to any fume cupboards or externally vented safety cabinets and any mechanical and electrical plant and equipment) relating to any of the Reservations; and;
(b) where reasonably required to carry out any works to the Common Parts, the Central Gallery, the Terrace or the Museum;any other Lettable Unit; and
(c) for any other reasonable purpose mentioned in or connected with:
(i) this lease;
(ii) the Reservations; and
(iii) the Landlord’s interest in the Property, the Building or the Landlord's ’s Neighbouring Property;
(d) or for any other reasonable reason PROVIDED THAT the entry and/or carrying out of such works shall not unreasonably interrupt the Tenant's operations conducted from the Property.
4.3 4.4 The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, and by anyone authorised by the Landlord.
4.4 In relation to the Reservations mentioned in clause 4.1(i) and 4.1(l) these may be exercised by the visitors to the Museum as well as any party entitled to exercise them in accordance with clause 4.3.
4.5 The Tenant shall allow all those entitled to exercise any right to enter the Property, to do so with their workers, contractors, agents and professional advisorsadvisers, and to enter the Property at any reasonable time (whether or not during usual business hours) and, except in the case of an emergency, after having given reasonable notice (which in the case of emergency only need not be in writing) to the Tenant.
4.6 No party exercising any of the Reservations, nor its workers, contractors, agents and professional advisors, shall be liable to the Tenant or to any undertenant or other occupier of or person at the Property for any loss, damage, injury, nuisance or inconvenience arising by reason of its exercising any of the Reservations except for:
(a) physical damage to the Property; or
(b) any loss, damage, injury, nuisance or inconvenience in relation to which the law prevents the Landlord from excluding liability.
Appears in 2 contracts
Samples: Lease (MDNA Life Sciences, Inc.), Lease Agreement (MDNA Life Sciences, Inc.)
RIGHTS EXCEPTED AND RESERVED. 4.1 The following rights are excepted and reserved from this lease to the Landlord for the benefit of the Building and the Landlord's ’s Neighbouring Property Property:
(a) the right to support and protection from the Property;
(b) rights of light, air, support and protection to the extent those rights are capable of being enjoyed at any time during the term;
(cb) the right to use and to connect into Service Media at, but not forming part of, the Property at its own expense which are in existence at the date of this lease or which are installed or constructed during the term; the right to install and construct Service Media at the Property to serve any part of the Building (whether or not such Service Media also serve the Property); and the right to re-route any Service Media mentioned in this clauseclause provided that such re-routed Service Media are not materially less commodious to the Property than those as at the date of this Lease;
(c) at any time during the Term, the full and free right to develop any part of the Building (other than the Property) as the Landlord may think fit; notwithstanding any interference with the access to light and air to the Property provided that the use and occupation of the Property is not materially adversely affected thereby;
(d) Subject to complying with clause 39, the right on reasonable prior written notice save in case of emergency and where such works cannot reasonably or commercially be carried out to other parts of the Building without erecting such scaffolding to erect and retain temporary scaffolding at the Property or the Building and attach it to any part of the Property or the Building in connection with any of the ReservationsReservations provided that access to the main entrance on the frontage of the Property shall not be prevented or materially obstructed and the Landlord shall use all reasonable endeavours to keep disruption to the Tenant and the Tenant’s business to a minimum and make good any damage caused to the Building or the Property as a result;
(ea) the right of access onto the Property at reasonable times after consultation with giving reasonable prior written notice to the Tenant to attach any structure, fixture or fitting (which the Tenant my stipulate is outside its usual business hours) for the purposes of works to the boundary remainder of the Building subject to the obligation that:-
(i) entry into the Property in connection with any of shall only be effected where the Reservationsworks or other matters or things to be done may not reasonably be done without such entry;
(fii) the person exercising such right shall cause as little damage or disturbance or inconvenience to temporarily re-route the Tenant as is reasonably practicable in the circumstances;
(iii) the Landlord shall procure that the person exercising such right shall make good without delay any means damage cause as a result of access such entry to or egress from the Property or reasonable satisfaction of the Building and to temporarily change the areas over which the Rights mentioned in clause 3.1(a) are exercised; Tenant. and
(ge) the right to re-route and replace any Service Media over which the Rights mentioned in clause 3.1(f3.1(b) are exercised; and
(h) the right to enter the Property so far is as necessary to access the museum store on the first floor and those parts of the Museum located in the basement
(i) the right to pass and xxxxxx on foot across the Balcony SUBJECT always to temporary interruption exercised subject to the said right in accordance with the provisions of the Community Use and Management Agreement;
proviso to clause 31 (j) the right to pass and xxxxxx on foot across those parts of the Property that form part of the Circulation Route SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(k) the right to pass and xxxxxx on foot across the Tenant’s Property at any time in order to access the plant room in the basement of the Building;
(l) the right to use the services and facilities offered by the Tenant from the Café in accordance with the provisions of the Community Use and Management Agreement. b), notwithstanding that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or air to the Property or the Common Parts or material loss of amenity for the Property provided that they do not materially adversely affect the use and enjoyment of or principal means of access to the Common PartsProperty off Mardol Head for the Permitted Use.
4.2 The Subject to clause 4.3, the Landlord reserves the right to enter the Property:
(a) to repair, maintain, install, construct re-route maintain or replace any Service Media or structure relating to any of the Reservations; and
(b) to carry out any works to the Common Parts, the Central Gallery, the Terrace or the Museum;
(c) for any other reasonable purpose mentioned in or connected with:
(i) this lease;; and
(ii) the Reservations; and
(iii) the Landlord’s 's interest in the Property, the Building or the Landlord's Neighbouring Property;
(d) or for any other reasonable reason PROVIDED THAT the entry and/or carrying out of such works shall not unreasonably interrupt the Tenant's operations conducted from the Property.
4.3 The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, and by anyone authorised by the LandlordLandlord provided that in exercising any such right of entry the Landlord must:
(a) except in case of emergency, give reasonable prior written notice of its intention to exercise that right to the Tenant;
(b) where reasonably required by the Tenant, exercise that right only if accompanied by a representative of the Tenant;
(c) cause as little damage as possible to the Property and to any property belonging to or used by the Tenant;
(d) cause as little inconvenience as reasonably possible to the Tenant; and
(e) promptly make good any physical damage caused to the Property or to the Tenant’s fixtures fittings or chattels therein by reason of the Landlord exercising that right.
4.4 In relation to the Reservations mentioned in clause 4.1(i) and 4.1(l) these may be exercised by the visitors to the Museum as well as any party entitled to exercise them in accordance with clause 4.3.
4.5 The Tenant shall allow all those entitled to exercise any right to enter the Property, to do so with their workers, contractors, agents and professional advisors, and to enter the Property at any reasonable time (whether or not during where practicable outside the usual business hourshours of the Tenant) and, except in the case of an emergency, after having given reasonable prior notice (which in the case of emergency only need not be in writing) to the Tenant.
4.6 No party exercising any of the Reservations, nor its workers, contractors, agents and professional advisors, shall be liable to the Tenant or to any undertenant or other occupier of or person at the Property for any loss, damage, injury, nuisance or inconvenience arising by reason of its exercising any of the Reservations except for:
(a) physical damage to the Property; or
(b) any loss, damage, injury, nuisance or inconvenience in relation to which the law prevents the Landlord from excluding liability.
Appears in 1 contract
Samples: Lease
RIGHTS EXCEPTED AND RESERVED. 4.1 The following rights are excepted and reserved from this lease to the Landlord for the benefit of the Building and to the Landlord's Neighbouring Property extent possible for the benefit of any neighbouring or adjoining property in which the Landlord acquires an interest during the term:
(a) the right to support and protection from the Property;
(b) rights of light, air, support and protection to the extent those rights are capable of being enjoyed at any time during the term;
(cb) the right to use and to connect into Service Media at, but not forming part of, the Property which are in existence at the date of this lease or which are installed or constructed during the termperiod of 80 years from the commencement of the Contractual Term; the right to install and construct Service Media at the Property to serve any part of the Building (whether or not such Service Media also serve the Property); and the right to re-route any Service Media mentioned in this clauseparagraph;
(c) at any time during the term, the full and free right to develop any part of the Building (other than the Property or any part of the Building over which rights are expressly granted by this lease) and any neighbouring or adjoining property in which the Landlord acquires an interest during the term as the Landlord may think fit;
(d) the right to erect scaffolding at the Property or the Building and attach it to any part of the Property or the Building in connection with any of the Reservations;
(e) the right after consultation with the Tenant to attach any structure, fixture or fitting to the boundary of the Property in connection with any of the Reservations;
(f) the right to temporarily re-route any means of access to or egress from the Property or the Building and to temporarily change the areas over which the Rights mentioned in clause 3.1(a) are exercised; and
(gf) the right to re-route and replace any Service Media over which the Rights mentioned in clause 3.1(f3.1(b) are exercised; and
(h) the right to enter the Property so far is as necessary to access the museum store on the first floor and those parts of the Museum located in the basement
(i) the right to pass and xxxxxx on foot across the Balcony SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(j) the right to pass and xxxxxx on foot across those parts of the Property that form part of the Circulation Route SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(k) the right to pass and xxxxxx on foot across the Tenant’s Property at any time in order to access the plant room in the basement of the Building;
(l) the right to use the services and facilities offered by the Tenant from the Café in accordance with the provisions of the Community Use and Management Agreement. notwithstanding that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or air to the Property or the Common Parts or loss of amenity for the Property or the Common PartsProperty.
4.2 The Landlord reserves the right to enter the Property:
(a) to repair, maintain, install, construct re-route or replace any Service Media or structure relating to any of the Reservations; and;
(b) to carry out any works to any other part of the Common Parts, the Central Gallery, the Terrace or the Museum;Building; and
(c) for any other purpose mentioned in or connected with:
(i) this lease;
(ii) the Reservations; and
(iii) the Landlord’s interest in the Property, the Building or the Landlord's Neighbouring Property;
(d) or for any other reasonable reason PROVIDED THAT the entry and/or carrying out of such works shall not unreasonably interrupt the Tenant's operations conducted from the Property.
4.3 The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, and by anyone authorised by the Landlord.
4.4 In relation to the Reservations mentioned in clause 4.1(i) and 4.1(l) these may be exercised by the visitors to the Museum as well as any party entitled to exercise them in accordance with clause 4.3.
4.5 The Tenant shall allow all those entitled to exercise any right to enter the Property, to do so with their workers, contractors, agents and professional advisors, and to enter the Property at any reasonable time (whether or not during usual business hours) and, except in the case of an emergency, after having given reasonable notice (which in the case of emergency only need not be in writing) to the Tenant.
4.6 4.5 No party exercising any of the Reservations, nor its workers, contractors, agents and professional advisors, shall be liable to the Tenant or to any undertenant or other occupier of or person at the Property for any loss, damage, injury, nuisance or inconvenience arising by reason of its exercising any of the Reservations except for:
(a) physical damage to the Property; or
(b) any loss, damage, injury, nuisance or inconvenience in relation to which the law prevents the Landlord from excluding liability.
Appears in 1 contract
Samples: Lease
RIGHTS EXCEPTED AND RESERVED. 4.1 The following rights are excepted and reserved from this lease to the Landlord for the benefit of the Building and the Landlord's Neighbouring Property and to the extent possible for the benefit of any neighbouring or adjoining property in which the Landlord acquires an interest during the term:
(a) the right to support and protection from the Property;
(b) rights of light, air, support and protection to the extent those rights are capable of being enjoyed at any time during the term;
(cb) the right to use and to connect into Service Media at, but not forming part of, at the Property which are in existence at the date of this lease or which are installed or constructed during the term; the right to install and construct Service Media at the Property to serve any part of the Building (whether or not such Service Media also serve the Property); and the right to re-route any Service Media mentioned in this clauseContractual Term;
(dc) the right to erect scaffolding at the Property or the Building and attach it to any part of the Property or the Building in connection with any of the Reservations;
(e) the right after consultation with the Tenant to attach any structure, fixture or fitting to the boundary of the Property in connection with any of the Reservations;
(f) the right to temporarily re-route any means of access to or egress from the Property or the Building and to temporarily change the areas over which the Rights mentioned in clause 3.1(a) are exercised; and
(g) the right to re-route and replace any Service Media over which the Rights mentioned in clause 3.1(f) are exercised; and
(h) the right to enter the Property so far is as necessary to access the museum store on the first floor and those parts of the Museum located in the basement
(i) the right to pass and xxxxxx on foot across the Balcony SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(j) the right to pass and xxxxxx on foot across those parts of the Property that form part of the Circulation Route SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(k) the right to pass and xxxxxx on foot across the Tenant’s Property at any time in order to access during the plant room in term, the basement of the Building;
(l) the full and free right to use develop the services Landlord's Neighbouring Property and facilities offered by any neighbouring or adjoining property in which the Tenant from Landlord acquires an interest during the Café in accordance with term as the provisions of the Community Use and Management Agreement. Landlord may think fit; notwithstanding that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or air to the Property or the Common Parts or loss of amenity for the Property or provided that they do not materially affect the Common Partsuse and enjoyment of the Property for the Permitted Use.
4.2 The Landlord reserves the right to enter the Property:
(a) to repair, maintain, install, construct re-route maintain or replace any Service Media or structure relating to any of the Reservations; and
(b) to carry out any works to the Common Parts, the Central Gallery, the Terrace or the Museum;
(c) for any other purpose mentioned in or connected with:
(i) this lease;
(ii) the Reservations; and
(iii) the Landlord’s 's interest in the Property, the Building or the Landlord's Neighbouring Property;
(d) or for any other reasonable reason PROVIDED THAT the entry and/or carrying out of such works shall not unreasonably interrupt the Tenant's operations conducted from the Property.
4.3 The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, and by anyone authorised by the Landlord.
4.4 In relation to the Reservations mentioned in clause 4.1(i) and 4.1(l) these may be exercised by the visitors to the Museum as well as any party entitled to exercise them in accordance with clause 4.3.
4.5 The Tenant shall allow all those entitled to exercise any right to enter the Property, to do so with their workers, contractors, agents and professional advisors, and to enter the Property at any reasonable time (whether or not during usual business hours) and, except in the case of an emergency, after having given reasonable notice (which in the case of emergency only need not be in writing) to the Tenant.
4.6 4.5 No party exercising any of the Reservations, nor its workers, contractors, agents and professional advisors, shall be liable to the Tenant or to any undertenant or other occupier of or person at the Property for any loss, damage, injury, nuisance or inconvenience arising by reason of its exercising any of the those Reservations except for:
(a) physical damage to the Property; or
(b) any loss, damage, injury, nuisance or inconvenience in relation to which the law prevents the Landlord from excluding liability.
Appears in 1 contract
Samples: Lease
RIGHTS EXCEPTED AND RESERVED. 4.1 6.1 The following rights are excepted and reserved from this lease to the Landlord for the benefit of the Building Estate and to the Landlord's Neighbouring Property extent possible for the benefit of any neighbouring or adjoining property in which the Landlord acquires an interest during the term:
(a) the right to support and protection from the Property;
(b) rights of light, air, support and protection to the extent those rights are capable of being enjoyed at any time during the term;
(cb) the right to use and to connect into Service Media at, but not forming part of, the Property which are in existence at the date of this lease or which are installed or constructed during the termContractual Term; the right to install and construct Service Media at the Property to serve any part of the Building Estate (whether or not such Service Media also serve the Property); and the right to re-route any Service Media mentioned in this clause;
(c) at any time during the term, the full and free right to develop any part of the Estate (other than the Property or any part of the Common Parts over which rights are expressly granted by this deed) and any neighbouring or adjoining property in which the Landlord has or acquires an interest during the term as the Landlord may think fit;
(d) the right to erect scaffolding at the Property build on or the Building and attach it to into any part boundary wall of the Property or the Building in connection with any of the Reservations;
(e) the right after consultation with the Tenant to attach any structure, fixture or fitting to the boundary of the Property in connection with any of the Reservations;
(f) the right to temporarily re-route any means of access to or egress from the Property or the Building and to temporarily change the areas over which the Rights mentioned in clause 3.1(a5.1(a) and 5.1(b) are exercised; and
(gf) the right to re-route and replace any Service Media over which the Rights mentioned in clause 3.1(f5.1(c) are exercised[. OR ; and]
(hg) the right to enter the Property so far is as necessary to access the museum store on the first floor and those parts of the Museum located in the basement
(i) the right to pass and xxxxxx on foot across the Balcony SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(j) the right to pass and xxxxxx on foot across those parts of the Property that form part of the Circulation Route SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(k) the right to pass and xxxxxx on foot across the Tenant’s Property at any time in order to access the plant room in the basement of the Building;
(l) the right to use the services and facilities offered by the Tenant from the Café in accordance with the provisions of the Community Use and Management Agreement. [ANY OTHER SPECIFIC RIGHTS THAT NEED TO BE RESERVED].] notwithstanding that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or air to the Property or the Common Parts or loss of amenity for the Property or the Common PartsProperty.
4.2 6.2 The Landlord reserves the right to enter the Property:
(a) to repair, maintain, install, construct construct, re-route or replace any Service Media or structure relating to any of the Reservations; and
(b) to carry out any works to the Common Parts, the Central Gallery, the Terrace or the Museum;
(c) for any other purpose mentioned in or connected with:
(i) this lease;
(ii) the Reservations;
(iii) provision of the services; and
(iiiiv) the Landlord’s interest in the Property, the Building Property or the Landlord's Neighbouring Property;
(d) or for any other reasonable reason PROVIDED THAT the entry and/or carrying out of such works shall not unreasonably interrupt the Tenant's operations conducted from the PropertyEstate.
4.3 6.3 The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, and by anyone authorised by the Landlord.
4.4 In relation to the Reservations mentioned in clause 4.1(i) and 4.1(l) these may be exercised by the visitors to the Museum as well as any party entitled to exercise them in accordance with clause 4.3.
4.5 6.4 The Tenant shall allow all those entitled to exercise any right to enter the Property, to do so with their workers, contractors, agents and professional advisors, and to enter the Property at any reasonable time (whether or not during usual business hours) and, except in the case of an emergency, after having given reasonable notice (which in the case of emergency only need not be in writing) to the Tenant.
4.6 6.5 No party exercising any of the Reservations, nor its workers, contractors, agents and professional advisors, shall be liable to the Tenant or to any undertenant or other occupier of or person at the Property for any loss, damage, injury, nuisance or inconvenience arising by reason of its exercising any of the Reservations except for:
(a) physical damage to the Property; or
(b) any loss, damage, injury, nuisance or inconvenience in relation to which the law prevents the Landlord from excluding liability.
Appears in 1 contract
Samples: Lease Agreement
RIGHTS EXCEPTED AND RESERVED. 4.1 The following rights are excepted and reserved from this lease to the Landlord for the benefit of the Building and the Landlord's Neighbouring Property and to the extent possible for the benefit of any neighbouring or adjoining property in which the Landlord acquires an interest during the term:
(a) the right to support and protection from the Property;
(b) rights of light, air, support and protection to the extent those rights are capable of being enjoyed at any time during the term;
(cb) the right to use and to connect into Service Media at, but not forming part of, at the Property which are in existence at the date of this lease or which are installed or constructed during the Contractual Term;
(c) at any time during the term; , the full and free right to install develop the Landlord's Neighbouring Property and construct Service Media at any neighbouring or adjoining property in which the Property to serve any part of Landlord acquires an interest during the Building (whether or not such Service Media also serve term as the Property); and the right to re-route any Service Media mentioned in this clauseLandlord may think fit;
(d) the right to erect scaffolding at the Property or the Building and attach it to any part of the Property building or the Building in connection with any of the Reservations;
(e) the right after consultation with the Tenant to attach any structure, fixture or fitting to the boundary of structure on the Property in connection with any of the Reservations;; and
(fe) the right to temporarily re-route any Service Media at or serving the Property or re-route any means of access to or egress from the Property or the Building and to temporarily change the areas over which the Rights mentioned in clause 3.1(a) are exercisedProperty; and
(g) the right to re-route and replace any Service Media over which the Rights mentioned in clause 3.1(f) are exercised; and
(h) the right to enter the Property so far is as necessary to access the museum store on the first floor and those parts of the Museum located in the basement
(i) the right to pass and xxxxxx on foot across the Balcony SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(j) the right to pass and xxxxxx on foot across those parts of the Property that form part of the Circulation Route SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(k) the right to pass and xxxxxx on foot across the Tenant’s Property at any time in order to access the plant room in the basement of the Building;
(l) the right to use the services and facilities offered by the Tenant from the Café in accordance with the provisions of the Community Use and Management Agreement. notwithstanding that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or air to the Property or the Common Parts or loss of amenity for the Property or provided that they do not materially affect the Common Partsuse and enjoyment of the Property for the Permitted Use.
4.2 The Landlord reserves the right to enter the Property:
(a) to repair, maintain, install, construct re-route maintain or replace any Service Media or structure relating to any of the Reservations; and
(b) to carry out any works to the Common Parts, the Central Gallery, the Terrace or the Museum;
(c) for any other purpose mentioned in or connected with:
(i) this lease;
(ii) the Reservations; and
(iii) the Landlord’s 's interest in the Property, the Building or the Landlord's Neighbouring Property;
(d) or for any other reasonable reason PROVIDED THAT the entry and/or carrying out of such works shall not unreasonably interrupt the Tenant's operations conducted from the Property.
4.3 The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, and by anyone authorised by the Landlord.
4.4 In relation to the Reservations mentioned in clause 4.1(i) and 4.1(l) these may be exercised by the visitors to the Museum as well as any party entitled to exercise them in accordance with clause 4.3.
4.5 The Tenant shall allow all those entitled to exercise any right to enter the Property, to do so with their workers, contractors, agents and professional advisors, and to enter the Property at any reasonable time (whether or not during usual business hours) and, except in the case of an emergency, after having given reasonable notice (which in the case of emergency only need not be in writing) to the Tenant.
4.6 4.5 No party exercising any of the Reservations, nor its workers, contractors, agents and professional advisors, shall be liable to the Tenant or to any undertenant or other occupier of or person at the Property for any loss, damage, injury, nuisance or inconvenience arising by reason of its exercising any of the those Reservations except for:
(a) physical damage to the Property; or
(b) any loss, damage, injury, nuisance or inconvenience in relation to which the law prevents the Landlord from excluding liability.
Appears in 1 contract
Samples: Lease Agreement
RIGHTS EXCEPTED AND RESERVED. 4.1 The following rights are excepted and reserved from this lease to the Landlord for the benefit of the Building and the Landlord's Neighbouring Property and to the extent possible for the benefit of any neighbouring or adjoining property in which the Landlord acquires an interest during the term:
(a) the right to support and protection from the Property;
(b) rights of light, air, support and protection to the extent those rights are capable of being enjoyed at any time during the term;
(cb) the right to use and to connect into Service Media at, but not forming part of, at the Property which are in existence at the date of this lease or which are installed or constructed during the term; ;
(c) at any time during the term, the full and free right to install develop the Landlord's Neighbouring Property and construct Service Media at any neighbouring or adjoining property in which the Property to serve any part of Landlord acquires an interest during the Building (whether or not such Service Media also serve term as the Property); and the right to re-route any Service Media mentioned in this clauseLandlord may think fit;
(d) the right to erect scaffolding re route any Service Media at or serving the Property or the Building and attach it to any part of the Property or the Building in connection with any of the Reservations;
(e) the right after consultation with the Tenant to attach any structure, fixture or fitting to the boundary of the Property in connection with any of the Reservations;
(f) the right to temporarily re-re route any means of access to or egress from the Property or the Building and to temporarily change the areas over which the Rights mentioned in clause 3.1(a) are exercised; and
(g) the right to re-route and replace any Service Media over which the Rights mentioned in clause 3.1(f) are exercised; and
(h) the right to enter the Property so far is as necessary to access the museum store on the first floor and those parts of the Museum located in the basement
(i) the right to pass and xxxxxx on foot across the Balcony SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(j) the right to pass and xxxxxx on foot across those parts of the Property that form part of the Circulation Route SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(k) the right to pass and xxxxxx on foot across the Tenant’s Property at any time in order to access the plant room in the basement of the Building;
(l) the right to use the services and facilities offered by the Tenant from the Café in accordance with the provisions of the Community Use and Management Agreement. notwithstanding that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or air to the Property or the Common Parts or loss of amenity for the Property or provided that they do not materially affect the Common Partsuse and enjoyment of the Property for the Permitted Use.
4.2 The Landlord reserves the right to enter the PropertyProperty :
(a) to repair, maintain, install, construct re-route maintain or replace any Service Media or structure relating to any of the Reservations; and
(b) to carry out any works to the Common Parts, the Central Gallery, the Terrace or the Museum;
(c) for any other purpose mentioned in or connected with:
(i) this lease;
(ii) the Reservations; and
(iii) the Landlord’s interest in the Property, the Building or the Landlord's Neighbouring Property;
(d) or for any other reasonable reason PROVIDED THAT the entry and/or carrying out of such works shall not unreasonably interrupt the Tenant's operations conducted from the Property.
4.3 The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, and by anyone authorised by the Landlord.
4.4 In relation to the Reservations mentioned in clause 4.1(i) and 4.1(l) these may be exercised by the visitors to the Museum as well as any party entitled to exercise them in accordance with clause 4.3.
4.5 The Tenant shall allow all those entitled to exercise any right to enter the Property, to do so with their workers, contractors, agents and professional advisors, and to enter the Property at any reasonable time (whether or not during usual business hours) and, except in the case of an emergency, after having given reasonable notice (which in the case of emergency only need not be in writing) to the Tenant.time
4.6 4.5 No party exercising any of the Reservations, nor its workers, contractors, agents and professional advisors, shall be liable to the Tenant or to any undertenant or other occupier of or person at the Property for any loss, damage, injury, nuisance or inconvenience arising by reason of its exercising any of the those Reservations except for:
(a) physical damage to the Property; or
(b) personal injury and any other loss, damage, injury, nuisance or inconvenience in relation to which the law prevents the Landlord from excluding liability.
4.6 The Landlord shall be entitled to close the Route upon reasonable notice (except in emergency when no notice is required) when carrying out its obligations under this Lease if the Landlord in its absolute discretion considers it necessary to do so
4.7 The Landlord shall only be obliged to carry out repairs and maintenance as indicated in 21.3 and for the avoidance of doubt the Landlord shall not be obliged to repair any Major Defect or to re-build the Property
Appears in 1 contract
Samples: Lease
RIGHTS EXCEPTED AND RESERVED. 4.1 The following rights are excepted and reserved from this lease to the Landlord for the benefit of the Building and the Landlord's Neighbouring Property [and to the extent possible for the benefit of any neighbouring or adjoining property in which the Landlord acquires an interest during the term]:
(a) the right to support and protection from the Property;
(b) rights of light, air, support and protection to the extent those rights are capable of being enjoyed at any time during the term;
(cb) the right to use and to connect into Service Media at, but not forming part of, the Property which are in existence at the date of this lease or which are installed or constructed during the termProperty; the right to install and construct Service Media at the Property to serve any part of the Building (whether or not such Service Media also serve the Property); ) and the right to re-route any Service Media mentioned in this clauseclause subject to the Tenant receiving reasonable prior written notice and causing no material disruption to the Tenant’s use and enjoyment of the Property;
(c) at any time during the term, the full and free right to develop the Landlord's Neighbouring Property and any neighbouring or adjoining property in which the Landlord acquires an interest during the term as the Landlord may think fit;
(d) the right to erect scaffolding at the Property or the Building and attach it to any part of the Property or the Building in connection with any of the ReservationsReservations provided that:
(i) the Landlord uses all reasonable endeavours to minimise the length of time that such scaffolding is erected;
(ii) such scaffolding does not diminish or prevent access to the Property; and
(iii) such scaffolding does not materially interfere with the Tenant’s use and enjoyment of the Property;
(e) the right after consultation with the Tenant to attach any structure, fixture or fitting to the boundary of the Property in connection with any of the Reservations;
(f) the right to temporarily re-route any means of access to or egress from the Property or the Building and to temporarily change the areas over which the Rights mentioned in clause 3.1(a3.1(b) to clause 3.1(k) are exercisedexercised (subject to clause 3.9); [and]
(g) the right to re-route and replace any Service Media over which the Rights mentioned in clause 3.1(f3.1(l) are exercisedexercised (subject to clause 3.9)[; and]
(h) the right to enter the Property so far is as necessary to access the museum store on the first floor and those parts of the Museum located in the basement
(i) the right to pass and xxxxxx on foot across the Balcony SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(j) the right to pass and xxxxxx on foot across those parts of the Property that form part of the Circulation Route SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(k) the right to pass and xxxxxx on foot across the Tenant’s Property at any time in order to access the plant room in the basement of the Building;
(l) the right to use the services and facilities offered by the Tenant from the Café in accordance with the provisions of the Community Use and Management Agreement. [ANY OTHER SPECIFIC RIGHTS THAT NEED TO BE RESERVED.] notwithstanding that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or air to the Property or the Common Parts or loss of amenity for the Property or the Common PartsParts provided that they do not materially adversely affect the use and enjoyment of the Property for the Permitted Use.
4.2 The Landlord reserves the right to enter the Property:
(a) to repair, maintain, install, construct construct, re-route or replace any Service Media or structure relating to any of the Reservations; and;
(b) to carry out any works to the Common Parts, the Central Gallery, the Terrace or the Museumany other Lettable Unit;
(c) to carry out works which will improve the Environmental Performance of [the Property,] the Building and Common Parts; and
(d) for any other purpose mentioned in or connected with:
(i) this lease;
(ii) the Reservations; and
(iii) the Landlord’s interest in the Property, the Building or the Landlord's Neighbouring Property;
(d) or for any other reasonable reason PROVIDED THAT the entry and/or carrying out of such works shall not unreasonably interrupt the Tenant's operations conducted from the Property.
4.3 In exercising the Reservations, the Landlord must:
(a) cause, and ensure that those exercising such rights on its behalf cause, as little damage as possible to the Property and as little disturbance and inconvenience as possible to the Tenant and the occupiers of the Property; and
(b) promptly make good (at its own sole cost and expense) any damage caused in the exercise of the Reservations to the reasonable satisfaction of the Tenant.
4.4 The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, and by anyone authorised by the Landlord.
4.4 In relation to the Reservations mentioned in clause 4.1(i) and 4.1(l) these may be exercised by the visitors to the Museum as well as any party entitled to exercise them in accordance with clause 4.3.
4.5 The Tenant shall allow all those entitled to exercise any right to enter the Property, to do so with their workers, contractors, agents and professional advisors, and to enter the Property at any reasonable time (whether or not during at a mutually convenient time provided that where reasonably practicable the Landlord will exercise such rights outside the usual business hours) hours and, except in the case of an emergency, after having given reasonable notice (which in the case of emergency only need not be in writing) to the Tenant and subject to the compliance with the Tenant’s reasonable security requirements.
4.6 No party exercising any of the Reservations, nor its workers, contractors, agents and professional advisors, shall be liable to the Tenant or to any undertenant or other occupier of or person at the Property for any loss, damage, injury, nuisance or inconvenience arising by reason of its exercising any of the Reservations except for:
(a) physical damage to the Property; or
(b) any loss, damage, injury, nuisance or inconvenience in relation to which the law prevents the Landlord from excluding liability.
Appears in 1 contract
Samples: Lease
RIGHTS EXCEPTED AND RESERVED. 4.1 1 The following rights passage and use of all such Service Conduits and Appliances (if any) as now pass or run into through along under or over the Premises and which are excepted and reserved from this lease designed to the Landlord be used for the benefit of the remainder of the Building 2 The right for the Landlord and all authorised persons at all reasonable times upon not less than 48 hours’ prior notice (except in case of emergency) to enter the Landlord's Neighbouring Property Premises and/or the Store for all or any of the following purposes:
(a) inspecting the right to support Premises and/or the Store and protection from the Property;state and condition thereof
(b) rights survey measurement or valuation of light, air, support and protection to the extent those rights are capable of being enjoyed at any time during the term;Premises
(c) reading electricity water and other check meters or sub-meters installed within the right to use and to connect into Service Media at, but not forming part of, the Property which are in existence at the date of this lease or which are installed or constructed during the term; the right to install and construct Service Media at the Property to serve any part of the Building (whether or not such Service Media also serve the Property); and the right to re-route any Service Media mentioned in this clause;Premises
(d) preparation of a schedule of fixtures and fittings in or about the right to erect scaffolding at the Property or the Building and attach it to any part of the Property or the Building in connection with any of the Reservations;Premises
(e) the right after consultation with remedying any breach of covenant by the Tenant after failure by the Tenant so to attach any structure, fixture or fitting to the boundary of the Property in connection with any of the Reservations;
(f) the right to temporarily re-route any means of access to or egress from the Property or the Building and to temporarily change the areas over which the Rights mentioned in clause 3.1(a) are exercised; and
(g) the right to re-route and replace any Service Media over which the Rights mentioned in clause 3.1(f) are exercised; and
(h) the right to enter the Property so far is as necessary to access the museum store on the first floor and those parts of the Museum located in the basement
(i) the right to pass and xxxxxx on foot across the Balcony SUBJECT always to temporary interruption to the said right do in accordance with the provisions of the Community Use and Management Agreement;clause 3.8
(jf) the right access to pass and xxxxxx on foot across those parts or egress from any of the Property that form plant rooms or Service Conduits and Appliances included within the Premises and/or the Store or accessed from the Premises and/or the Store
(g) to comply with obligations owed by the Landlord to third parties or with the covenants on the part of the Circulation Route SUBJECT always to temporary interruption to the said right Landlord contained in accordance with the provisions of the Community Use and Management Agreement;this Lease
(kh) the right to pass and xxxxxx on foot across the Tenant’s Property at maintaining amending renewing cleaning repairing or rebuilding any time in order to access the plant room in the basement of the Building;
(l) the right to use the services and facilities offered by the Tenant from the Café in accordance with the provisions of the Community Use and Management Agreement. notwithstanding that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or air to the Property or the Common Parts or loss of amenity for the Property or the Common Parts.
4.2 The Landlord reserves the right to enter the Property:
(a) to repair, maintain, install, construct re-route or replace any Service Media or structure relating to any of the Reservations; and
(b) to carry out any works to the Common Parts, the Central Gallery, the Terrace or the Museum;
(c) for any other purpose mentioned in or connected with:adjoining premises
(i) this lease;
(ii) in connection with the Reservations; and
(iii) provision of Services PROVIDED ALWAYS THAT such rights shall only be exercised where the Landlord’s interest in purpose for such entry cannot reasonably be achieved without entering upon the Property, Premises and/or the Building Store and PROVIDED FURTHER THAT the Landlord or other person exercising such rights shall cause as little interference and inconvenience as reasonably practicable to the Landlord's Neighbouring Property;
(d) Tenant or for other occupier of the Premises and its or their trade or business carried on therein and as soon as reasonably practicable make good to the reasonable satisfaction of the Tenant any damage thereby caused to the Premises and PROVIDED FURTHER THAT the Landlord or other person exercising such rights complies with the reasonable reason security requirements of the Tenant or other occupier and where requisite the Landlord or other person exercising such rights shall only exercise such rights while accompanied by a representative of the Tenant or occupier of the relevant part of the Premises PROVIDED THAT the entry and/or carrying out of such works a representative shall not unreasonably interrupt the Tenant's operations conducted from the Property.
4.3 The Reservations may be exercised made available at reasonable times on reasonable request by the Landlord and by anyone else who if such a representative is not made available after a reasonable period after such request (or becomes entitled to exercise them, and by anyone authorised by the Landlord.
4.4 In relation to the Reservations mentioned in clause 4.1(i) and 4.1(l) these may be exercised by the visitors to the Museum as well as any party entitled to exercise them in accordance with clause 4.3.
4.5 The Tenant shall allow all those entitled to exercise any right to enter the Property, to do so with their workers, contractors, agents and professional advisors, and to enter the Property at any reasonable time (whether or not during usual business hours) and, except in the case of an emergency, after having given reasonable notice (which in the case of emergency only need not ) entry may be in writing) to the Tenant.
4.6 No party exercising any of the Reservations, nor its workers, contractors, agents and professional advisors, shall be liable to the Tenant or to any undertenant or other occupier of or person at the Property for any loss, damage, injury, nuisance or inconvenience arising by reason of its exercising any of the Reservations except for:
(a) physical damage to the Property; or
(b) any loss, damage, injury, nuisance or inconvenience in relation to which the law prevents the Landlord from excluding liability.made without such a representative
Appears in 1 contract
Samples: Lease Agreement (Markit Ltd.)
RIGHTS EXCEPTED AND RESERVED. 4.1 The following rights are excepted and reserved from this lease to the Landlord and to the extent possible for the benefit of any neighbouring or adjoining property in which the Building and Landlord acquires an interest during the Landlord's Neighbouring Property term:
(a) the right to support and protection from the Property;
(b) rights of light, air, support and protection to the extent those rights are capable of being enjoyed at any time during the term;
(cb) the right to use and to connect into Service Media at, but not forming part of, at the Property which are in existence at the date of this lease or which are installed or constructed during the period of 80 years from the commencement of the Contractual Term;
(c) at any time during the term; , the full and free right to install and construct Service Media at develop any neighbouring or adjoining property in which the Property to serve any part of Landlord acquires an interest during the Building (whether or not such Service Media also serve Contractual Term as the Property); and the right to re-route any Service Media mentioned in this clauseLandlord may think fit;
(d) the right to erect scaffolding at the Property or the Building and attach it to any part of building or structure on the Property or the Building in connection with any of the Reservations;
(e) the right after consultation with the Tenant to attach build on or into any structure, fixture or fitting to the boundary wall of the Property in connection with any of the Reservations;; and
(f) the right to temporarily re-route any Service Media at or serving the Property or re-route any means of access to or egress from the Property or the Building and to temporarily change the areas over which the Rights mentioned in clause 3.1(a) are exercised; and
(g) the right to re-route and replace any Service Media over which the Rights mentioned in clause 3.1(f) are exercised; and
(h) the right to enter the Property so far is as necessary to access the museum store on the first floor and those parts of the Museum located in the basement
(i) the right to pass and xxxxxx on foot across the Balcony SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(j) the right to pass and xxxxxx on foot across those parts of the Property that form part of the Circulation Route SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(k) the right to pass and xxxxxx on foot across the Tenant’s Property at any time in order to access the plant room in the basement of the Building;
(l) the right to use the services and facilities offered by the Tenant from the Café in accordance with the provisions of the Community Use and Management Agreement. Property, notwithstanding that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or air to the Property or the Common Parts or loss of amenity for the Property or the Common PartsProperty.
4.2 The Landlord reserves the right to enter the Property:
(a) to repair, maintain, install, construct re-route maintain or replace any Service Media or structure relating to any of the Reservations; and
(b) to carry out any works to the Common Parts, the Central Gallery, the Terrace or the Museum;
(c) for any other purpose mentioned in or connected with:
(i) this lease;
(ii) the Reservations; and
(iii) the Landlord’s interest of the Landlord in the Property, the Building or the Landlord's Neighbouring Property;
(d) or for any other reasonable reason PROVIDED THAT the entry and/or carrying out of such works shall not unreasonably interrupt the Tenant's operations conducted from the Property.
4.3 The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, and by anyone authorised by the Landlord.
4.4 In relation to the Reservations mentioned in clause 4.1(i) and 4.1(l) these may be exercised by the visitors to the Museum as well as any party entitled to exercise them in accordance with clause 4.3.
4.5 The Tenant shall allow all those entitled to exercise any right to enter the Property, to do so with their workers, contractors, agents and professional advisors, and to enter the Property at any reasonable time (whether or not during usual business hours) and, except in the case of an emergency, after having given reasonable notice (which in the case of emergency only need not be in writing) to the Tenant.
4.6 4.5 No party exercising any of the Reservations, nor its workers, contractors, agents and professional advisors, shall be liable to the Tenant or to any undertenant or other occupier of or person at the Property for any loss, damage, injury, nuisance or inconvenience arising by reason of its exercising any of the Reservations except for:
(a) physical damage to the Property; or
(b) any loss, damage, injury, nuisance or inconvenience in relation to which the law prevents the Landlord from excluding liability.
Appears in 1 contract
Samples: Lease Agreement
RIGHTS EXCEPTED AND RESERVED. 4.1 The following rights are excepted and reserved from this lease to the Landlord for the benefit of the Building and the Landlord's Neighbouring Property and to the extent possible for the benefit of any neighbouring or adjoining property in which the Landlord acquires an interest during the term:
(a) the right to support and protection from the Property;
(b) rights of light, air, support and protection to the extent those rights are capable of being enjoyed at any time during the term;
(cb) the right to use and to connect into Service Media at, but not forming part of, the Property which are in existence at the date of this lease or which are installed or constructed during the termperiod of this lease; the right to install and construct Service Media at the Property to serve any part of the Building (whether or not such Service Media also serve the Property); and the right to re-route any Service Media mentioned in this clause;
(c) at any time during the term, the full and free right to develop the Landlord's Neighbouring Property and any neighbouring or adjoining property in which the Landlord acquires an interest during the term as the Landlord may think fit;
(d) the right to erect scaffolding at the Property or the Building and attach it to any part of the Property or the Building in connection with any of the Reservations;
(e) the right after consultation with the Tenant to attach any structure, fixture or fitting to the boundary of the Property in connection with any of the Reservations;
(f) the right to temporarily re-route any means of access to or egress from the Property or the Building and to temporarily change the areas over which the Rights mentioned in clause 3.1(a3.1(b) are exercised; and
(g) the right to re-route and replace any Service Media over which the Rights mentioned in clause 3.1(f) are exercised; and
(h) the right to enter the Property so far is as necessary to access the museum store on the first floor and those parts of the Museum located in the basement
(i) the right to pass and xxxxxx on foot across the Balcony SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(j) the right to pass and xxxxxx on foot across those parts of the Property that form part of the Circulation Route SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(k) the right to pass and xxxxxx on foot across the Tenant’s Property at any time in order to access the plant room in the basement of the Building;
(l) the right to use the services and facilities offered by the Tenant from the Café in accordance with the provisions of the Community Use and Management Agreement. notwithstanding that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or air to the Property or the Common Parts or loss of amenity for the Property or the Common PartsParts provided that they do not materially adversely affect the use and enjoyment of the Property for the Permitted Use.
4.2 The Landlord reserves the right to enter the Property:
(a) to repair, maintain, install, construct construct, re-route or replace any Service Media or structure relating to any of the Reservations; and;
(b) to carry out any works to the Common Parts, the Central Gallery, the Terrace or the Museum;any other Lettable Unit; and
(c) for any other purpose mentioned in or connected with:
(i) this lease;
(ii) the Reservations; and
(iii) the Landlord’s interest in the Property, the Building or the Landlord's Neighbouring Property;
(d) or for any other reasonable reason PROVIDED THAT the entry and/or carrying out of such works shall not unreasonably interrupt the Tenant's operations conducted from the Property.
4.3 The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, and by anyone authorised by the Landlord.
4.4 In relation to the Reservations mentioned in clause 4.1(i) and 4.1(l) these may be exercised by the visitors to the Museum as well as any party entitled to exercise them in accordance with clause 4.3.
4.5 The Tenant shall allow all those entitled to exercise any right to enter the Property, to do so with their workers, contractors, agents and professional advisors, and to enter the Property at any reasonable time (whether or not during usual business hours) and, except in the case of an emergency, after having given reasonable notice (which in the case of emergency only need not be in writing) to the Tenant.
4.6 4.5 No party exercising any of the Reservations, nor its workers, contractors, agents and professional advisors, shall be liable to the Tenant or to any undertenant or other occupier of or person at the Property for any loss, damage, injury, nuisance or inconvenience arising by reason of its exercising any of the Reservations except for:
(a) physical damage to the Property; or
(b) any loss, damage, injury, nuisance or inconvenience in relation to which the law prevents the Landlord from excluding liability.
Appears in 1 contract
Samples: Lease Agreement
RIGHTS EXCEPTED AND RESERVED. 4.1 The following rights are excepted and reserved from this lease to the Landlord for the benefit of the Building Estate and to the Landlord's Neighbouring Property :
(a) extent possible for the right to support and protection from benefit of any neighbouring or adjoining property in which the Property;
(b) Landlord acquires an interest during the term: rights of light, air, support and protection to the extent those rights are capable of being enjoyed at any time during the term;
(c) ; the right to use and to connect into Service Media at, at but not forming part of, of the Property which are in existence at the date of this lease or which are installed or constructed during the termperiod of 80 years from the commencement of the Contractual Term; the right to install and construct Service Media at the Property to serve any part of the Building Estate (whether or not such Service Media also serve the Property); and the right to re-route any Service Media mentioned in this clause 3.1.2 subject to complying with the provisos of that clause;
(d) ; at any time during the term, the full and free right to erect scaffolding at the Property or the Building and attach it to develop any part of the Property Estate (excluding the Property) and any neighbouring or adjoining property in which the Building in connection with any of Landlord acquires an interest during the Reservations;
(e) term as the Landlord may think fit provided that such development does not materially affect the Tenant’s ability to operate a 24 hours a day distribution centre from the Property; the right after consultation with the Tenant to attach build on or into any structure, fixture or fitting to the boundary wall of the Property in connection with any of the Reservations;
(f) ; and the right to temporarily re-route any Service Media at or serving the Property or re-route any means of access to or egress from the Property or subject to the Building and to temporarily change the areas over which the Rights mentioned relevant provisos in clause 3.1(a) are exercised; and
(g) the right to re-route and replace any Service Media over which the Rights mentioned in clause 3.1(f) are exercised; and
(h) the right to enter the Property so far is as necessary to access the museum store on the first floor and those parts of the Museum located in the basement
(i) the right to pass and xxxxxx on foot across the Balcony SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(j) the right to pass and xxxxxx on foot across those parts of the Property that form part of the Circulation Route SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(k) the right to pass and xxxxxx on foot across the Tenant’s Property at any time in order to access the plant room in the basement of the Building;
(l) the right to use the services and facilities offered by the Tenant from the Café in accordance with the provisions of the Community Use and Management Agreement. 3 notwithstanding that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or air to the Property or the Common Parts or loss of amenity for the Property or the Common Parts.
4.2 Property. The Landlord reserves the right to enter the Property:
(a) : to repair, maintain, install, construct construct, re-route or replace any Service Media or structure relating to any of the Reservations; and
(b) to carry out any works to the Common Parts, the Central Gallery, the Terrace or the Museum;
(c) and for any other reasonable purpose mentioned in or connected with:
(i) : this lease;
(ii) ; the Reservations; and
(iii) and the Landlord’s interest in the Property, the Building Property or the Landlord's Neighbouring Property;
(d) or for any other reasonable reason PROVIDED THAT the entry and/or carrying out of such works shall not unreasonably interrupt the Tenant's operations conducted from the Property.
4.3 Estate. The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, and by anyone authorised by the Landlord.
4.4 In relation to the Reservations mentioned in clause 4.1(i) and 4.1(l) these may be exercised by the visitors to the Museum as well as any party entitled to exercise them in accordance with clause 4.3.
4.5 . The Tenant shall allow all those entitled to exercise any right to enter the Property, to do so with their workers, contractors, agents and professional advisors, and to enter the Property at any reasonable time (whether or not during usual business hours) and, except in the case of an emergency, after having given reasonable notice (which in the case of emergency only need not be in writing) to the Tenant.
4.6 . No party exercising any of the Reservations, nor its workers, contractors, agents and professional advisors, shall be liable to the Tenant or to any undertenant or other occupier of or person at the Property for any loss, damage, injury, nuisance or inconvenience arising by reason of its exercising any of the Reservations except for:
(a) : physical damage to the PropertyProperty or its contents; or
(b) or any loss, damage, injury, nuisance or inconvenience in relation to which the law prevents the Landlord from excluding liability.
Appears in 1 contract
Samples: Lease Agreement
RIGHTS EXCEPTED AND RESERVED. 4.1 1 The following rights passage and use of all such Service Conduits and Appliances (if any) as now pass or run into through along under or over the Premises and which are excepted and reserved from this lease designed, to the Landlord be used for the benefit of the remainder of the Building 2 The right for the Landlord and all authorised persons at all reasonable times upon not less than 48 hours’ prior notice (except in case of emergency) to enter the Landlord's Neighbouring Property Premises and/or the Store for all or any of the following purposes:
(a) inspecting the right to support Premises and/or the Store and protection from the Property;state and condition thereof
(b) rights survey measurement or valuation of light, air, support and protection to the extent those rights are capable of being enjoyed at any time during the term;Premises
(c) reading electricity water and other check meters or sub-meters installed within the right to use and to connect into Service Media at, but not forming part of, the Property which are in existence at the date of this lease or which are installed or constructed during the term; the right to install and construct Service Media at the Property to serve any part of the Building (whether or not such Service Media also serve the Property); and the right to re-route any Service Media mentioned in this clause;Premises
(d) preparation of a schedule of fixtures and fittings in or about the right to erect scaffolding at the Property or the Building and attach it to any part of the Property or the Building in connection with any of the Reservations;Premises
(e) the right after consultation with remedying any breach of covenant by the Tenant after failure by the Tenant so to attach any structure, fixture or fitting to the boundary of the Property in connection with any of the Reservations;
(f) the right to temporarily re-route any means of access to or egress from the Property or the Building and to temporarily change the areas over which the Rights mentioned in clause 3.1(a) are exercised; and
(g) the right to re-route and replace any Service Media over which the Rights mentioned in clause 3.1(f) are exercised; and
(h) the right to enter the Property so far is as necessary to access the museum store on the first floor and those parts of the Museum located in the basement
(i) the right to pass and xxxxxx on foot across the Balcony SUBJECT always to temporary interruption to the said right do in accordance with the provisions of the Community Use and Management Agreement;clause 3.8
(jf) the right access to pass and xxxxxx on foot across those parts or egress from any of the Property that form plant rooms or Service Conduits and Appliances included within the Premises and/or the Store or accessed from the Premises and/or the Store
(g) to comply with obligations owed by the Landlord to third parties or with the covenants on the part of the Circulation Route SUBJECT always to temporary interruption Landlord contained in this Lease
(h) maintaining amending renewing cleaning repairing or rebuilding any adjoining premises
(i) in connection with the provision of Services PROVIDED ALWAYS THAT such rights shall only be exercised where the purpose for such entry cannot reasonably be achieved without entering upon the Premises and/or the Store and PROVIDED FURTHER THAT the Landlord or other person exercising such rights shall cause as little interference and inconvenience as reasonably practicable to the said right in accordance Tenant or other occupier of the Premises and its or their trade or business carried on therein and as soon as reasonably practicable make good to the reasonable satisfaction of the Tenant any damage thereby caused to the Premises and PROVIDED FURTHER THAT the Landlord or other person exercising such rights complies with the provisions reasonable security requirements of the Community Use Tenant or other occupier and Management Agreement;
where requisite the Landlord or other person exercising such rights shall only exercise such rights while accompanied by a representative of the Tenant or occupier of the relevant part of the Premises PROVIDED THAT such a representative shall be made available at reasonable times on reasonable request by the Landlord and if such a representative is not made available after a reasonable period after such request (kor in the case of emergency) entry may be made without such a representative 3 All rights of light air and other easements and rights (but without prejudice to any expressly granted to the Tenant by this Lease (if any)) now or hereafter belonging to or enjoyed by the Premises from or over any adjoining neighbouring or contiguous land or building 4 The right to pass build or rebuild or alter or carry out any development or works to any adjoining neighbouring or contiguous land or building in any manner whatsoever (and xxxxxx on foot across to authorise any adjoining owner or occupier to do the Tenant’s Property at any time in order same) and to access let or authorise the plant room in the basement letting of the Building;
(l) the right to use the services and facilities offered by the Tenant from the Café in accordance with the provisions of the Community Use and Management Agreement. same for any purpose or otherwise deal therewith notwithstanding that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or air to the Property Premises is in any such case thereby diminished or any other liberty easement right or advantage belonging to the Tenant is thereby diminished or prejudicially affected and so that any access of light and air now or at any time during the Tenancy enjoyed by the Premises shall be deemed to be by consent or agreement in writing for that purpose within the meaning of Section 3 of the Prescription Xxx 0000 so that the enjoyment thereof shall not prevent such building rebuilding alteration development works letting or dealing as aforesaid and the Tenant shall permit such matters without interference or objection PROVIDED THAT the person exercising such right shall cause as little inconvenience or disturbance to the Tenant as reasonably practicable and PROVIDED FURTHER THAT the rights reserved by this paragraph 4 shall not be exercised so as to prejudice the rights expressly granted to the Tenant under this Lease and the ability of Tenant to operate its business from the Premises shall not be materially adversely affected 5 The right to support and shelter and all other easements and rights now and hereafter belonging to or enjoyed by all adjoining neighbouring or contiguous land or buildings an interest wherein possession or reversion is at any time during the Tenancy vested in the Landlord 6 The right to build on or into any boundary or party wall of the Premises provided always that the Landlord or the Common Parts person exercising this right shall cause as little inconvenience or loss disturbance to the Tenant as reasonably practicable and shall make good any damage thereby caused to the Premises to the reasonable satisfaction of amenity the Tenant 1 In this Schedule: relevant Review Date means either the First Review Date or any Subsequent Review Dates First Review Date means 30 September 2015 Subsequent Review Dates means 30 September 2020 and any other date that becomes a Review Date pursuant to paragraph 8 Completed Premises means the Premises on the assumption that: (a) the Landlord has completed the Premises at its own cost to the specification and standard described in the section of the Specification entitled “Category A Specification” (b) the Tenant has removed all fitting out works carried out by the Tenant or any permitted occupier and made good all damage so caused by such removal so that the Premises are at the relevant Review Date in the same specification and standard as in (a) above and in compliance with statutory requirements (c) if the Premises or the means of access thereto have been destroyed or damaged they have been completely rebuilt or reinstated and fully restored Open Market Rent means the yearly rent which would reasonably be expected to become payable in respect of the Completed Premises after the expiry of a rent free period of such length as would be negotiated in the open market between a willing lessor and a willing lessee for the Property time required for fitting out the Completed Premises only upon a letting of the Completed Premises as a whole by a willing lessor to a willing lessee in the open market at the relevant Review Date for a term of 10 years commencing the relevant Review Date with rent reviews on each fifth anniversary of term commencement and with vacant possession without a fine or premium and for the Common Parts.
4.2 The Landlord reserves use or uses permitted under this Lease but otherwise upon the right to enter terms of this Lease (other than (i) the Propertylength of the Contractual Term and (ii) the amount of the Principal Rent hereby reserved (but including the provisions for review of the Principal Rent)assuming whether or not it be the case:
(a) to repair, maintain, install, construct re-route or replace any Service Media or structure relating to any that all the Landlord’s and Tenant’s covenants and obligations in this Lease have been fully complied with (provided that in the case of the Reservations; Landlord the Landlord is at the relevant Review Date using all reasonable endeavours to remedy any subsisting breach which the Tenant notified the Landlord in writing as subsisting a reasonable period before the relevant Review Date) and
(b) to carry that the Completed Premises are available and suitable for immediate occupation and use for fitting out any works to the Common Parts, the Central Gallery, the Terrace or the Museum;as offices
(c) the Store has been appropriately partitioned at the expense of the Landlord and is clear and ready for use as permitted by this Lease but disregarding:
(d) any goodwill attached to the Premises by reason of the carrying on thereat by the Tenant or by any person deriving title or any right to occupy through or under the Tenant of any business and
(e) any effect on rent of any alteration or improvement to the Premises made by the Tenant or any person deriving title or any right to occupy through or under the Tenant or their respective predecessors in title before or after the grant of this Lease other purpose mentioned than an alteration or improvement carried out to the Completed Premises pursuant to an obligation to the Landlord provided that for the purposes of this paragraph (e) an alteration or improvement carried out pursuant to clauses 3.32 to 3.36 of this Lease shall (without prejudice to paragraph (a) of this definition of Open Market Rent) not be an alteration or improvement carried out pursuant to an obligation to the Landlord
(f) any effect on rent of the fact that the Tenant or any person deriving title or any right to occupy through or under the Tenant or their respective predecessors in title may have been in occupation of the Premises or connected with:other premises in the Building
(g) any effect on rent of any works to or alterations to the Premises carried out by the Tenant or any person deriving title or any right to occupy through or under the Tenant or their respective predecessors in title which reduce their rental value
(h) the provisions of paragraph 3 of the Third Schedule
(i) this lease;
(ii) the Reservations; and
(iii) the Landlord’s interest any reduction in the Property, net internal floor area of the Premises attributable to the installation of any circulation staircases connecting the Premises to other levels in the Building or Surveyor means an independent chartered surveyor with valuation and market experience in the Landlord's Neighbouring Property;
(d) or for any other reasonable reason PROVIDED THAT the entry and/or carrying out City of such works shall not unreasonably interrupt the Tenant's operations conducted from the Property.
4.3 The Reservations may be exercised London office market agreed upon by the Landlord and by anyone else who is the Tenant (both acting reasonably) or becomes entitled to exercise them, and by anyone authorised in default of agreement appointed by the Landlord.
4.4 In relation to the Reservations mentioned in clause 4.1(i) and 4.1(l) these may be exercised by the visitors to the Museum as well as any party entitled to exercise them President in accordance with clause 4.3.
4.5 The Tenant shall allow all those entitled to exercise any right to enter paragraph 3 of this Schedule agree or agreed means agree or agreed in writing between the Property, to do so with their workers, contractors, agents Landlord and professional advisors, and to enter the Property at any reasonable time (whether or not during usual business hours) and, except in the case of an emergency, after having given reasonable notice (which in the case of emergency only need not be in writing) to the Tenant.
4.6 No party exercising any of the Reservations, nor its workers, contractors, agents and professional advisors, shall be liable to the Tenant or to any undertenant or other occupier of or person at the Property for any loss, damage, injury, nuisance or inconvenience arising by reason of its exercising any of the Reservations except for:
(a) physical damage to the Property; or
(b) any loss, damage, injury, nuisance or inconvenience in relation to which the law prevents the Landlord from excluding liability.
Appears in 1 contract
Samples: Lease (Markit Ltd.)
RIGHTS EXCEPTED AND RESERVED. 4.1 The following rights are excepted and reserved from this lease to the Landlord for the benefit of the Building and the Landlord's Neighbouring Property and to the extent possible for the benefit of any neighbouring or adjoining property in which the Landlord acquires an interest during the Term:
(a) the right to support and protection from the Property;
(b) rights of light, air, support and protection to the extent those rights are capable of being enjoyed at any time during the termTerm;
(cb) the right to use and to connect into Service Media at, but not forming part of, at the Property which are in existence (if any) at the date of this lease or which are may be installed or constructed during the term; Term;
(c) at any time during the Term, the full and free right to install develop the Landlord's Neighbouring Property and construct Service Media at any neighbouring or adjoining property in which the Property to serve any part of Landlord acquires an interest during the Building (whether or not such Service Media also serve Term as the Property); and the right to re-route any Service Media mentioned in this clauseLandlord may think fit;
(d) the right to erect scaffolding at the Property build on or the Building and attach it to into any part of the Property or the Building in connection with any of the Reservations;
(e) the right after consultation with the Tenant to attach any structure, fixture or fitting to the boundary line of the Property in connection with any of the Reservations;
(f) the right to temporarily re-route any means of access to or egress from the Property or the Building and to temporarily change the areas over which the Rights mentioned in clause 3.1(a) are exercised; and
(ge) the right to re-route and replace any Service Media over which at the Rights mentioned in clause 3.1(f) are exercised; and
(h) the right to enter the Property so far is as necessary to access the museum store on the first floor and those parts of the Museum located in the basement
(i) the right to pass and xxxxxx on foot across the Balcony SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(j) the right to pass and xxxxxx on foot across those parts of the Property that form part of the Circulation Route SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(k) the right to pass and xxxxxx on foot across the Tenant’s Property at any time in order to access the plant room in the basement of the Building;
(l) the right to use the services and facilities offered by the Tenant from the Café in accordance with the provisions of the Community Use and Management AgreementProperty. notwithstanding that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or air to the Property or and provided always that such rights are exercised in a manner to cause the Common Parts or loss of amenity for least damage and disturbance to the Property or as reasonably possible and that all damage is made good as soon as practicable to the Common PartsTenant’s reasonable satisfaction.
4.2 The Landlord reserves the right to enter the Property:
(a) to repair, maintain, install, construct re-route maintain or replace any Service Media or structure relating to any of the Reservations; and;
(b) to carry dig or construct boreholes on the Property and to inspect and monitor as may be required all boreholes on the Property whether existing at the date of this lease as shown in the approximate positions on the Boreholes Plan or constructed by the Landlord by agreement with the Tenant (not to be unreasonably withheld or delayed) during the Term, for avoidance of doubt the monitoring is connection with the previous use of the Landfill Site as landfill; The parties acknowledge the Landlord is under no obligation to monitor the ground water in the said boreholes and any monitoring will be at the Landlord’s absolute discretion. Where such monitoring is carried out any works the Landlord will (at the request of the Tenant) as far as reasonably possible make the results available to the Common Parts, the Central Gallery, the Terrace or the Museum;Tenant; and
(c) for any other purpose mentioned in or connected with:
(i) this lease;
(ii) the Reservations; and
(iii) the Landlord’s 's interest in the Property, the Building or the Landlord's Neighbouring Property;
(d) or for any other reasonable reason PROVIDED THAT the entry and/or carrying out of such works shall not unreasonably interrupt the Tenant's operations conducted from the Property.
4.3 The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, and by anyone reasonably authorised by the Landlord.
4.4 In relation to the Reservations mentioned in clause 4.1(i) and 4.1(l) these may be exercised by the visitors to the Museum as well as any party entitled to exercise them in accordance with clause 4.3.
4.5 The Tenant shall allow all those entitled to exercise any right to enter the Property, to do so with their workers, contractors, agents and professional advisors, and to enter the Property at any reasonable time (whether or not during usual business hours) and, except in the case of an emergency, after having given reasonable notice (which in the case of emergency only need not be in writing) to the Tenant.
4.6 4.5 No party exercising any of the Reservations, nor its workers, contractors, agents and professional advisors, shall be liable to the Tenant or to any undertenant or other occupier of or person at the Property for any loss, damage, injury, nuisance or inconvenience arising by reason of its exercising any of the those Reservations except for:
(a) physical damage to the Property; or
(b) any loss, damage, injury, nuisance or inconvenience in relation to which the law prevents the Landlord from excluding liability.
Appears in 1 contract
Samples: Lease Agreement
RIGHTS EXCEPTED AND RESERVED. 4.1 3.1 The following rights are excepted and reserved from this lease to the Landlord for the benefit of the Building and the Landlord's Neighbouring Property Property:
(a) the right to support and protection from the Property;
(b) rights of light, air, support and protection to the extent those rights are capable of being enjoyed at any time during the term;
(cb) the right to use and to connect into Service Media at, but not forming part of, at the Property which are in existence at the date of this lease or which are installed or constructed during the Contractual Term;
(c) subject to preservation of the Rights, at any time during the term; , the full and free right to install and construct Service Media at develop the Landlord's Neighbouring Property to serve any part of as the Building (whether or not such Service Media also serve the Property); and the right to re-route any Service Media mentioned in this clauseLandlord may think fit;
(d) the right to erect scaffolding at the Property build on or the Building and attach it to into any part of the Property or the Building in connection with any of the Reservations;
(e) the right after consultation with the Tenant to attach any structure, fixture or fitting to the boundary wall of the Property in connection with any of the Reservations;; and
(fe) the right to temporarily re-route in accordance with clause 3.7 any Service Media serving the Property or re-route any means of access to or egress from the Property provided that the property continues to benefit from no less commodious or the Building and to temporarily change the areas over which the Rights mentioned in clause 3.1(a) are exercisedconvenient means of access; and
(gf) the right to re-route and replace any Service Media over which the Rights mentioned in clause 3.1(f) are exercised; and
(h) the right to enter the Property so far is as necessary to access the museum store on the first floor and those parts of the Museum located in the basement
(i) the right to pass and xxxxxx on foot across the Balcony SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(j) the right to pass and xxxxxx on foot across those parts of the Property that form part of the Circulation Route SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(k) the right to pass and xxxxxx on foot across the Tenant’s Property at any time in order to access the plant room in the basement of the Building;
(l) the right to use the services and facilities offered by the Tenant from the Café in accordance with the provisions of the Community Use and Management Agreement. notwithstanding that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or air to the Property or the Common Parts or loss of amenity for the Property or provided that they do not materially affect the Common Partsuse and enjoyment of the Property for the Permitted Use.
4.2 3.2 The Landlord reserves the right to enter the Property:
(a) to repair, maintain, install, construct re-route maintain or replace any Service Media or structure relating to any of the Reservations; and
(b) to carry out any works to the Common Parts, the Central Gallery, the Terrace or the Museum;
(c) for any other reasonable purpose mentioned in or connected with:
(i) this lease;
(ii) the Reservations; and
(iii) the Landlord’s 's interest in the Property, the Building or the Landlord's Neighbouring Property;
(d) or for any other reasonable reason PROVIDED THAT the entry and/or carrying out of such works shall not unreasonably interrupt the Tenant's operations conducted from the Property.
4.3 3.3 The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, and by anyone properly authorised by the Landlord.
4.4 In relation to the Reservations mentioned in clause 4.1(i) and 4.1(l) these may be exercised by the visitors to the Museum as well as any party entitled to exercise them in accordance with clause 4.3.
4.5 3.4 The Tenant shall allow all those entitled to exercise any right to enter the Property, to do so with their workers, contractors, agents and professional advisors, and to enter the Property at any reasonable time (whether or not during usual business hours) and, except in the case of an emergency, after having given reasonable notice (which in the case of emergency only need not be in writing) to the Tenant.
4.6 No party exercising any of the Reservations, nor its workers, contractors, agents and professional advisors, shall be liable to the Tenant or to any undertenant or other occupier of or person at the Property for any loss, damage, injury, nuisance or inconvenience arising by reason of its exercising any of the Reservations except for:
(a) physical damage to the Property; or
(b) any loss, damage, injury, nuisance or inconvenience in relation to which the law prevents the Landlord from excluding liability.
Appears in 1 contract
Samples: Lease Agreement
RIGHTS EXCEPTED AND RESERVED. 4.1 The following rights are excepted and reserved from this lease to the Landlord and those reasonably and properly authorised by the Landlord for the benefit of the Building and the Landlord's Neighbouring Property Building:
(a) the right to support and protection from the Property;
(b) 4.1.1 rights of light, air, support and protection to the extent those rights are capable of being enjoyed at any time during the termContractual Term;
(c) 4.1.2 the right of free passage and running of water and soil in and through the sewers drains and channels made or to be made upon through or under the Property and to the free and uninterrupted use of all gas electric telephone and pipes wires and cables upon through or under the Property;
4.1.3 the right to use use, lay new and to connect into Service Media at, but not forming part of, the Property which are in existence at the date of this lease or which are installed or constructed during the term; Contractual Term the right to install and construct Service Media at the Property to serve any part of the Building (whether or not such Service Media also serve the Property); and the right to re-route any Service Media mentioned in this clause;
(d) 4.1.4 the right of access to or egress over the Property to the Common Parts for all purposes;
4.1.5 the right to erect scaffolding at the Property or the Building and attach it to any part of the Property or the Building in connection with any of the Reservations;
(e) 4.1.6 the right after consultation with the Tenant to attach any structure, fixture or fitting to the boundary of the Property in connection with any of the Reservations;
(f) 4.1.7 the right to temporarily re-route any means of access to or egress from the Property or the Building and to temporarily change the areas over which the Rights mentioned in clause 3.1(a) 3.
1.1 to clause 3.1.7 are exercised; and;
(g) 4.1.8 the right to re-route and replace any Service Media over which the Rights mentioned in clause 3.1(f) 3.1.9 are exercised; and
(h) 4.1.9 the right to enter build or rebuild or alter any adjacent or neighbouring land or buildings in any manner whatsoever and to let the Property so far is as necessary to access the museum store on the first floor and those parts of the Museum located in the basement
(i) the right to pass and xxxxxx on foot across the Balcony SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(j) the right to pass and xxxxxx on foot across those parts of the Property that form part of the Circulation Route SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(k) the right to pass and xxxxxx on foot across the Tenant’s Property at same for any time in order to access the plant room in the basement of the Building;
(l) the right to use the services and facilities offered by the Tenant from the Café in accordance with the provisions of the Community Use and Management Agreement. notwithstanding purpose or otherwise deal therewith provided that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or and air to the Property are not in any such case thereby diminished and that no other liberty easement right or advantage belonging to the Common Parts Tenant is thereby diminished or loss of amenity for the Property or the Common Partsprejudicially affected.
4.2 The Landlord reserves the right to enter the Property:
(a) 4.2.1 to repair, maintain, install, construct construct, re-route or replace any Service Media or structure relating to any of the Reservations; and;
(b) 4.2.2 to carry out any works to the Common Parts, the Central Gallery, the Terrace or the Museum;any other Lettable Unit; and
(c) 4.2.3 for any other purpose mentioned in or connected with:
(i) 4.2.3.1 this lease;
(ii) 4.2.3.2 the Reservations; and
(iii) 4.2.3.3 the Landlord’s interest in the Property, the Building Property or the Landlord's Neighbouring Property;
(d) or for any other reasonable reason PROVIDED THAT the entry and/or carrying out of such works shall not unreasonably interrupt the Tenant's operations conducted from the PropertyBuilding.
4.3 The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, and by anyone properly and reasonably authorised by the Landlord.
4.4 In relation to the Reservations mentioned in clause 4.1(i) and 4.1(l) these may be exercised by the visitors to the Museum as well as any party entitled to exercise them in accordance with clause 4.3.
4.5 The Tenant shall allow all those entitled to exercise any right to enter the Property, to do so with their workers, contractors, agents and professional advisors, and to enter the Property at any reasonable time (whether or not during usual business hours) and, except in the case of an emergency, after having given reasonable notice (which in the case of emergency only need not be in writing) writing to the Tenant.
4.6 No party exercising any 4.5 PROVIDED THAT the Landlord shall cause as little interference as is reasonably practicable to the Tenant’s beneficial use and enjoyment of the Reservations, nor Property in the exercise of the rights referred to in this clause 4 and shall make good promptly at its workers, contractors, agents own cost and professional advisors, shall be liable to the Tenant Tenant’s proper satisfaction expressed in writing any damage caused by or because of the exercise of such rights to any undertenant or other occupier of or person at the Property for any loss, damage, injury, nuisance or inconvenience arising by reason of its exercising any of the Reservations except for:
(a) physical damage and/or to the Property; or
(b) any loss, damage, injury, nuisance or inconvenience in relation Tenant’s fixtures and fittings and/or to which the law prevents the Landlord from excluding liability.Tenant’s chattels 4.6
Appears in 1 contract
RIGHTS EXCEPTED AND RESERVED. 4.1 The following rights are excepted and reserved from this lease to the Landlord for the benefit of the Building and the Landlord's Neighbouring Property Property:
(a) the right to support and protection from the Property;
(b) rights of light, air, support and protection to the extent those rights are capable of being enjoyed at any time during the term;
(cb) the right to use and to connect into Service Media at, but not forming part of, the Property which are in existence at the date of this lease or which are installed or constructed during the period of 70 years from the commencement of the term; the right to install and construct Service Media at the Property to serve any part of the Building (whether or not such Service Media also serve the Property); and the right to re-route any Service Media mentioned in this clause;
(c) at any time during the term, the full and free right to develop the Landlord’s Neighbouring Property as the Landlord may think fit;
(d) the right to erect scaffolding at the Property or the Building and attach it to any part of the Property or the Building in connection with any of the Reservations;
(e) the right after consultation with the Tenant to attach any structure, fixture or fitting to the boundary of the Property in connection with any of the Reservations;
(f) the right to temporarily re-route any means of access to or egress from the Property or the Building and to temporarily change the areas over which the Rights mentioned in clause 3.1(a3.1(a)clause 3.1(b) are exercised; and
(g) the right to re-route and replace any Service Media over which the Rights mentioned in clause 3.1(f) 3 are exercised; and
(h) the right to enter the Property so far is as necessary to access the museum store on the first floor and those parts of the Museum located in the basement
(i) the right to pass and xxxxxx on foot across the Balcony SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(j) the right to pass and xxxxxx on foot across those parts of the Property that form part of the Circulation Route SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(k) the right to pass and xxxxxx on foot across the Tenant’s Property at any time in order to access the plant room in the basement of the Building;
(l) the right to use the services and facilities offered by the Tenant from the Café in accordance with the provisions of the Community Use and Management Agreement. notwithstanding that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or air to the Property or the Common Parts or loss of amenity for the Property or the Common Parts.
4.2 The Landlord reserves the right to enter the Property:
(a) to repair, maintain, install, construct construct, re-route or replace any Service Media or structure relating to any of the Reservations; and;
(b) to carry out any works to the Common Parts, the Central Gallery, the Terrace or the Museum;any other Lettable Unit; and
(c) for any other purpose mentioned in or connected with:
(i) this lease;
(ii) the Reservations; and
(iii) the Landlord’s interest in the Property, the Building or the Landlord's ’s Neighbouring Property;
(d) or for any other reasonable reason PROVIDED THAT the entry and/or carrying out of such works shall not unreasonably interrupt the Tenant's operations conducted from the Property.
4.3 The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, and by anyone authorised by the Landlord.
4.4 In relation to the Reservations mentioned in clause 4.1(i) and 4.1(l) these may be exercised by the visitors to the Museum as well as any party entitled to exercise them in accordance with clause 4.3.
4.5 The Tenant shall allow all those entitled to exercise any right to enter the Property, to do so with their workers, contractors, agents and professional advisors, and to enter the Property at any reasonable time (whether or not during usual business hours) and, except in the case of an emergency, after having given reasonable notice (which in the case of emergency only need not be in writing) to the Tenant.
4.6 4.5 No party exercising any of the Reservations, nor its workers, contractors, agents and professional advisors, shall be liable to the Tenant or to any undertenant or other occupier of or person at the Property for any loss, damage, injury, nuisance or inconvenience arising by reason of its exercising any of the Reservations except for:
(a) physical damage to the Property; or
(b) any loss, damage, injury, nuisance or inconvenience in relation to which the law prevents the Landlord from excluding liability.
Appears in 1 contract
Samples: Lease Agreement
RIGHTS EXCEPTED AND RESERVED. 4.1 The following rights are excepted and reserved from this lease to the Landlord for the benefit of the Building and the Landlord's Neighbouring Property and to the extent possible for the benefit of any neighbouring or adjoining property in which the Landlord acquires an interest during the term:
(a) the right to support and protection from the Property;
(b) rights of light, air, support and protection to the extent those rights are capable of being enjoyed at any time during the term;
(cb) the right to use and to connect into Service Media at, but not forming part of, at the Property which are in existence at the date of this lease or which are installed or constructed during the period of one years from the commencement of the Contractual Term;
(c) at any time during the term; , the full and free right to install develop the Landlord's Neighbouring Property and construct Service Media at any neighbouring or adjoining property in which the Property to serve any part of Landlord acquires an interest during the Building (whether or not such Service Media also serve term as the Property); and the right to re-route any Service Media mentioned in this clauseLandlord may think fit;
(d) the right to erect scaffolding at the Property or the Building and attach it to any part of building or structure on the Property or the Building in connection with any of the Reservations;
(e) the right after consultation with the Tenant to attach build on or into any structure, fixture or fitting to the boundary wall of the Property in connection with any of the Reservations;; and
(f) the right to temporarily re-route any Service Media at or serving the Property or re-route any means of access to or egress from the Property or the Building Property; and to temporarily change the areas over which the Rights mentioned in clause 3.1(a) are exercised; and
(g) the right to re-route and replace any Service Media over which the Rights mentioned in clause 3.1(f) are exercised; and
(h) the right to enter the Property so far is as necessary to access the museum store on the first floor and those parts of the Museum located in the basement
(i) the right to pass and xxxxxx on foot across the Balcony SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(j) the right to pass and xxxxxx on foot across those parts of the Property that form part of the Circulation Route SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(k) the right to pass and xxxxxx on foot across the Tenant’s Property at any time in order to access the plant room in the basement of the Building;
(l) the right to use the services and facilities offered by the Tenant from the Café in accordance with the provisions of the Community Use and Management Agreement. notwithstanding that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or air to the Property or the Common Parts or loss of amenity for the Property or provided that they do not materially affect the Common Partsuse and enjoyment of the Property for the Permitted Use.
4.2 The Landlord reserves the right to enter the Property:
(a) to repair, maintain, install, construct re-route maintain or replace any Service Media or structure relating to any of the ReservationsReservations at any time; and
(b) to carry out any works to the Common Parts, the Central Gallery, the Terrace or the Museum;
(c) for any other purpose mentioned in or connected with:
(i) this lease;
(ii) the Reservations; and
(iii) the Landlord’s 's interest in the Property, the Building Property or the Landlord's Neighbouring Property;
(d) or for any other reasonable reason PROVIDED THAT the entry and/or carrying out of such works shall not unreasonably interrupt the Tenant's operations conducted from the PropertyEstate.
4.3 The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, and by anyone authorised by the Landlord.
4.4 In relation to the Reservations mentioned in clause 4.1(i) and 4.1(l) these may be exercised by the visitors to the Museum as well as any party entitled to exercise them in accordance with clause 4.3.
4.5 The Tenant shall allow all those entitled to exercise any right to enter the Property, to do so with their workers, contractors, agents and professional advisors, and to enter the Property at any reasonable time (whether or not during usual business hours) and, except in the case of an emergency, after having given reasonable notice (which in the case of emergency only need not be in writing) to the Tenant.
4.6 No party exercising any of the Reservations, nor its workers, contractors, agents and professional advisors, shall be liable to the Tenant or to any undertenant or other occupier of or person at the Property for any loss, damage, injury, nuisance or inconvenience arising by reason of its exercising any of the Reservations except for:
(a) physical damage to the Property; or
(b) any loss, damage, injury, nuisance or inconvenience in relation to which the law prevents the Landlord from excluding liability.
Appears in 1 contract
Samples: Lease Agreement
RIGHTS EXCEPTED AND RESERVED. 4.1 The following rights are excepted and reserved from this lease to the Landlord for the benefit of the Building and the Landlord's Neighbouring Property and to the extent possible for the benefit of any neighbouring or adjoining property in which the Landlord acquires an interest during the term:
(a) the right to support and protection from the Property;
(b) rights of light, air, support and protection to the extent those rights are capable of being enjoyed at any time during the term;
(cb) the right to use and to connect into Service Media at, but not forming part of, at the Property which are in existence at the date of this lease or which are installed or constructed during the period of eighty years from the commencement of the Contractual Term;
(c) at any time during the term; , the full and free right to install develop the Landlord's Neighbouring Property and construct Service Media at any neighbouring or adjoining property in which the Property to serve any part of Landlord acquires an interest during the Building (whether or not such Service Media also serve term as the Property); and the right to re-route any Service Media mentioned in this clauseLandlord may think fit;
(d) the right to erect scaffolding at the Property or the Building and attach it to any part of building or structure on the Property or the Building in connection with any of the Reservations;
(e) the right after consultation with the Tenant to attach build on or into any structure, fixture or fitting to the boundary wall of the Property in connection with any of the Reservations;; and
(f) the right to temporarily re-route any Service Media at or serving the Property or re-route any means of access to or egress from the Property or the Building and to temporarily change the areas over which the Rights mentioned in clause 3.1(a) are exercised; and
(g) the right to re-route and replace any Service Media over which the Rights mentioned in clause 3.1(f) are exercised; and
(h) the right to enter the Property so far is as necessary to access the museum store on the first floor and those parts of the Museum located in the basement
(i) the right to pass and xxxxxx on foot across the Balcony SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(j) the right to pass and xxxxxx on foot across those parts of the Property that form part of the Circulation Route SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(k) the right to pass and xxxxxx on foot across the Tenant’s Property at any time in order to access the plant room in the basement of the Building;
(l) the right to use the services and facilities offered by the Tenant from the Café in accordance with the provisions of the Community Use and Management AgreementProperty. notwithstanding that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or air to the Property or the Common Parts or loss of amenity for the Property or provided that they do not materially affect the Common Partsuse and enjoyment of the Property for the Permitted Use.
4.2 The Landlord reserves the right to enter the Property:
(a) to repair, maintain, install, construct re-route maintain or replace any Service Media or structure relating to any of the Reservations; and
(b) to carry out any works to the Common Parts, the Central Gallery, the Terrace or the Museum;
(c) for any other purpose mentioned in or connected with:
(i) this lease;
(ii) the Reservations; and
(iii) the Landlord’s 's interest in the Property, the Building or the Landlord's Neighbouring Property;
(d) or for any other reasonable reason PROVIDED THAT the entry and/or carrying out of such works shall not unreasonably interrupt the Tenant's operations conducted from the Property.
4.3 The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, and by anyone authorised by the Landlord.
4.4 In relation to the Reservations mentioned in clause 4.1(i) and 4.1(l) these may be exercised by the visitors to the Museum as well as any party entitled to exercise them in accordance with clause 4.3.
4.5 The Tenant shall allow all those entitled to exercise any right to enter the Property, to do so with their workers, contractors, agents and professional advisors, and to enter the Property at any reasonable time (whether or not during usual business hours) and, except in the case of an emergency, after having given reasonable notice (which in the case of emergency only need not be in writing) to the Tenant.
4.6 4.5 No party exercising any of the Reservations, nor its workers, contractors, agents and professional advisors, shall be liable to the Tenant or to any undertenant or other occupier of or person at the Property for any loss, damage, injury, nuisance or inconvenience arising by reason of its exercising any of the those Reservations except for:
(a) physical damage to the Property; or
(b) any loss, damage, injury, nuisance or inconvenience in relation to which the law prevents the Landlord from excluding liability.
Appears in 1 contract
Samples: Lease Agreement
RIGHTS EXCEPTED AND RESERVED. 4.1 The following rights are excepted and reserved from this lease to the Landlord for the benefit of the Building and the Landlord's Neighbouring Property Adjoining Premises and to the extent possible for the benefit of any other neighbouring or adjoining Premises in which the Landlord acquires an interest during the term:
(a) the right to support and protection from the Property;
(b) rights of light, air, support and protection to the extent those rights are capable of being enjoyed at any time during the term;
(cb) the right to use and to connect into Service Media at, but not forming part of, at the Property Premises which are in existence at the date of this lease or which are installed or constructed during the period of 3 years from the commencement of the Contractual Term;
(c) at any time during the term; , the full and free right to install develop the Landlord's Adjoining Premises and construct Service Media at any neighbouring or adjoining Premises in which the Property to serve any part of Landlord acquires an interest during the Building (whether or not such Service Media also serve term as the Property); and the right to re-route any Service Media mentioned in this clauseLandlord may think fit;
(d) the right to erect scaffolding at the Property or the Building Premises and attach it to any part of building or structure on the Property or the Building Premises in connection with any of the Reservations;
(e) the right after consultation with the Tenant to attach build on or into any structure, fixture or fitting to the boundary wall of the Property Premises in connection with any of the Reservations;; and
(f) the right to temporarily re-route any Service Media at or serving the Premises or re-route any means of access to or egress from the Property or the Building and to temporarily change the areas over which the Rights mentioned in clause 3.1(a) are exercised; andPremises;
(g) the right to re-route and replace any Service Media over which the Rights mentioned in clause 3.1(f) are exercised; and
(h) the right to enter the Property Premises with or without workmen, plant and machinery in connection With completing any works required to the Access Road to upgrade and/or improve the Access Road and to complete any works so far is as necessary to access the museum store on the first floor and those parts of the Museum located tie in the basement
(i) the right to pass and xxxxxx on foot across the Balcony SUBJECT always to temporary interruption to the said right in accordance Access Road with the provisions of land adjoining the Community Use and Management Agreement;
Access Road (j) the right to pass and xxxxxx on foot across those parts of the Property that form part of the Circulation Route SUBJECT always to temporary interruption to the said right including adjustment in accordance with the provisions of the Community Use and Management Agreement;
(k) the right to pass and xxxxxx on foot across the Tenant’s Property at any time in order to access the plant room in the basement of the Building;
(l) the right to use the services and facilities offered by the Tenant from the Café in accordance with the provisions of the Community Use and Management Agreementlevels). notwithstanding that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or air to the Property or the Common Parts Premises or loss of amenity for the Property or Premises provided that they do not materially affect the Common Partsuse and enjoyment of the Premises for the Permitted Use.
4.2 The Landlord reserves the right to enter the PropertyPremises:
(a) to repair, maintain, install, construct re-route maintain or replace any Service Media or structure relating to any of the Reservations; and
(b) to carry out any works to the Common Parts, the Central Gallery, the Terrace or the Museum;
(c) for any other purpose mentioned in or connected with:
(i) this lease;
(ii) the Reservations; and
(iii) the Landlord’s 's interest in the Property, the Building or the Landlord's Neighbouring Property;
(d) or for any other reasonable reason PROVIDED THAT the entry and/or carrying out of such works shall not unreasonably interrupt the Tenant's operations conducted from the PropertyPremises.
4.3 The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, and by anyone authorised by the Landlord.
4.4 In relation to the Reservations mentioned in clause 4.1(i) and 4.1(l) these may be exercised by the visitors to the Museum as well as any party entitled to exercise them in accordance with clause 4.3.
4.5 The Tenant shall allow all those entitled to exercise any right to enter the PropertyPremises, to do so with their workers, contractors, agents and professional advisors, and to enter the Property Premises at any reasonable time (whether or not during usual business hours) and, except in the case of an emergency, after having given reasonable notice (which in the case of emergency only need not be in writing) to the Tenant.
4.6 4.5 No party exercising any of the Reservations, nor its workers, contractors, agents and professional advisors, shall be liable to the Tenant or to any undertenant or other occupier of or person at the Property Premises for any loss, damage, injury, nuisance or inconvenience arising by reason of its exercising any of the those Reservations except for:
(a) physical damage to the PropertyPremises; or
(b) any loss, damage, injury, nuisance or inconvenience in relation to which the law prevents the Landlord from excluding liability.
Appears in 1 contract
Samples: Lease
RIGHTS EXCEPTED AND RESERVED.
4.1 The following rights are excepted and reserved from this lease to the Landlord for the benefit of the Building and the Landlord's ’s Neighbouring Property :and to the extent possible for the benefit of any neighbouring or adjoining property in which the Landlord acquires an interest during the term:
(a) the right to support and protection from the Property;
(b) rights of light, air, support and protection to the extent those rights are capable of being enjoyed at any time during the term;term;
(cb) the right to use and to connect into Service Media at, but not forming part of, at the Property which are in existence at the date of this lease or which are installed or constructed during the Contractual Term;
(c) at any time during the term; , the full and free right to install develop the Landlord’s Neighbouring Property and construct Service Media at any neighbouring or adjoining property in which the Property to serve any part of Landlord acquires an interest during the Building (whether or not such Service Media also serve term as the Property); and the right to re-route any Service Media mentioned in this clauseLandlord may think fit;
(d) the right to erect scaffolding at the Property or the Building and attach it to any part of building or structure on the Property or the Building in connection with any of the Reservations;
(e) the right after consultation with the Tenant to attach build on or into any structure, fixture or fitting to the boundary wall of the Property in connection with any of the Reservations;; [and]
(f) the right to temporarily re-route any Service Media at or serving the Property or re-route any means of access to or egress from the Property or the Building and to temporarily change the areas over which the Rights mentioned in clause 3.1(a) are exercisedProperty; and
(g) the right to re-route and replace any Service Media over which the Rights mentioned in clause 3.1(f) are exercised; and
(h) the right to enter the Property so far is as necessary to access the museum store on the first floor and those parts of the Museum located in the basement
(i) the right to pass and xxxxxx on foot across the Balcony SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(j) the right to pass and xxxxxx on foot across those parts of the Property that form part of the Circulation Route SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(k) the right to pass and xxxxxx on foot across the Tenant’s Property at any time in order to access the plant room in the basement of the Building;
(l) the right to use the services and facilities offered by the Tenant from the Café in accordance with the provisions of the Community Use and Management Agreement. [ANY OTHER SPECIFIC RIGHTS THAT NEED TO BE RESERVED].] notwithstanding that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or air to the Property or the Common Parts or loss of amenity for the Property or provided that they do not materially affect the Common Partsuse and enjoyment of the Property for the Permitted Use.
4.2 The Landlord reserves the right to enter the Property:
(a) to repair, maintain, install, construct re-route maintain or replace any Service Media or structure relating to any of the Reservations; and
(b) to carry out any works to the Common Parts, the Central Gallery, the Terrace or the Museum;
(c) for any other purpose mentioned in or connected with:
(i) this lease;
(ii) the Reservations; and
(iii) the Landlord’s interest in the Property, the Building or the Landlord's Neighbouring Property;
(d) or for any other reasonable reason PROVIDED THAT the entry and/or carrying out of such works shall not unreasonably interrupt the Tenant's operations conducted from the Property.
4.3 The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, and by anyone authorised by the Landlord.Landlord.
4.4 In relation to the Reservations mentioned in clause 4.1(i) and 4.1(l) these may be exercised by the visitors to the Museum as well as any party entitled to exercise them in accordance with clause 4.3.
4.5 The Tenant shall allow all those entitled to exercise any right to enter the Property, to do so with their workers, contractors, agents and professional advisors, and to enter the Property at any reasonable time (whether or not during usual business hours) and, and, except in the case of an emergency, after having given reasonable notice (which in the case of emergency only need not be in writing) to the Tenant.
4.6 4.5 No party exercising any of the Reservations, nor its workers, contractors, agents and professional advisors, shall be liable to the Tenant or to any undertenant or other occupier of or person at the Property for any loss, damage, injury, nuisance or inconvenience arising by reason of its exercising any of the those Reservations except for:for:
(a) physical damage to the Property; oror
(b) any loss, damage, injury, nuisance or inconvenience in relation to which the law prevents the Landlord from excluding liability.
Appears in 1 contract
Samples: Lease Agreement
RIGHTS EXCEPTED AND RESERVED. 4.1 The following rights are excepted and reserved from this lease to the Landlord for the benefit of the Building and the Landlord's Neighbouring Property and to the extent possible for the benefit of any neighbouring or adjoining property in which the Landlord acquires an interest during the term:
(a) the right to support and protection from the Property;
(b) rights of light, air, support and protection to the extent those rights are capable of being enjoyed at any time during the term;
(cb) the right to use and to connect into Service Media at, but not forming part of, the Property which are in existence at the date of this lease or which are installed or constructed during the termperiod of 80 years from the commencement of the term (and that period is the perpetuity period for the purposes of section 1 of the Perpetuities and Accumulations Act 1964); the right to install and construct Service Media at the Property to serve any part of the Building (whether or not such Service Media also serve the Property); and the right to re-route any Service Media mentioned in this clauseclause Provided That no such works shall be carried out in any trading area of the Property;
(c) the full and free right to develop the Landlord's Neighbouring Property and any neighbouring or adjoining property in which the Landlord acquires an interest during the term as the Landlord may think fit;
(d) the right to erect scaffolding at the Property or the Building and attach it to any part of the Property or the Building in connection with any of the Reservations;Reservations Providing that such scaffolding shall:-
(i) be erected for the minimum period reasonably practicable and
(ii) shall not prevent the Tenant full and safe access to and egress from the Property and
(iii) shall not be erected during the month of December nor more than once in every six month period and the Landlord shall permit the Tenant to place reasonable temporary signage on such scaffolding indicating its use and business
(e) the right after consultation with the Tenant to attach any structure, fixture or fitting to the boundary of the Property in connection with any of the Reservations;
(f) the right to temporarily re-route any means of access to or egress from the Property or the Building and to temporarily change the areas over which the Rights mentioned in clause 3.1(a) are exercised; and
(g) the right to re-route and replace any Service Media over which the Rights mentioned in clause 3.1(f) are exercised; and
(h) the right to enter the Property so far is as necessary to access the museum store on the first floor and those parts of the Museum located in the basement
(i) the right to pass and xxxxxx on foot across the Balcony SUBJECT always to temporary interruption Reservations but not to the said right in accordance with the provisions of the Community Use and Management Agreement;
(j) the right to pass and xxxxxx on foot across those parts of the Property that form part of the Circulation Route SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(k) the right to pass and xxxxxx on foot across the Tenant’s Property at any time in order to access the plant room in the basement of the Building;
(l) the right to use the services and facilities offered by the Tenant from the Café in accordance with the provisions of the Community Use and Management Agreement. shop front and/or fascias; notwithstanding that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or air to the Property or the Common Parts or loss provided that they do not materially adversely affect the use and enjoyment of amenity the Property for the Property or the Common PartsPermitted Use.
4.2 The Landlord reserves the right to enter the Property:
(a) to repair, maintain, install, construct re-route or replace any Service Media or structure relating to any of the Reservations; and
(b) to carry out any works to the Common Parts, the Central Gallery, the Terrace or the Museum;any other Lettable Unit where such works could not otherwise be carried out without such entry
(c) for any other purpose mentioned in or connected with:
(i) this lease;
(ii) the Reservations; and
(iii) the Landlord’s 's interest in the Property, the Building or the Landlord's Neighbouring Property;
(d) or for any other reasonable reason PROVIDED THAT the entry and/or carrying out of such works shall not unreasonably interrupt the Tenant's operations conducted from the Property.
4.3 The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, and by anyone authorised by the Landlord.
4.4 In relation to the Reservations mentioned in clause 4.1(i) and 4.1(l) these may be exercised by the visitors to the Museum as well as any party entitled to exercise them in accordance with clause 4.3.
4.5 The Tenant shall allow all those entitled to exercise any right to enter the Property, to do so with their workers, contractors, agents and professional advisors, and to enter the Property at any reasonable time (whether or not during usual business hours) and, except in the case of an emergency, after having given reasonable written notice (which in the case of emergency only need not be in writing) to the Tenant.
4.6 4.5 No party exercising any of the Reservations, nor its workers, contractors, agents and professional advisors, shall be liable to the Tenant or to any undertenant or other occupier of or person at the Property for any loss, damage, injury, nuisance or inconvenience arising by reason of its exercising any of the Reservations except for:
(a) physical damage to the Property; orProperty and the contents thereof (which for the avoidance of doubt includes the Tenants stock and fixtures and fittings) and
(b) any loss, damage, injury, nuisance or inconvenience in relation to which the law prevents the Landlord from excluding liability.
4.6 All of the Reservations shall be exercised so as to cause the minimum of interference with the use and enjoyment of the Property and the business carried on thereat as is reasonably practicable and in exercising the Reservations the Landlord shall consult with the Tenant to ensure full and proper access is available to the Property at all times for the Tenants business purposes and that none of the services or utilities supplied to the Property is interrupted or capacity thereof reduced
Appears in 1 contract
Samples: Lease Agreement
RIGHTS EXCEPTED AND RESERVED. 4.1 The following rights (the Reservations) are excepted and reserved from this lease to the Landlord for the benefit of the Building and the Landlord's Neighbouring Property Property:
(a) the right to support and protection from the Property;
(b) all rights of light, air, support light and protection to air over the extent those rights Property as exist at the date of this lease or are capable of being subsequently enjoyed at any time during the term;
(b) a right of protection from the Equipment for that part of the roof of the Building beneath the Equipment;
(c) the full and free right to use and to connect into Service Media at, but not forming part of, develop the Landlord's Neighbouring Property which are in existence at as the date of this lease or which are installed or constructed during the term; the right to install and construct Service Media at the Property to serve any part of the Building (whether or not such Service Media also serve the Property); and the right to re-route any Service Media mentioned in this clauseLandlord may think fit;
(d) the right to erect scaffolding at the Property or the Building and attach it to any part of the Property or the Building in connection with any of the Reservations;
(e) the right after consultation with the Tenant to attach any structure, fixture or fitting to the boundary of the Property in connection with any of the Reservations;
(f) the right to temporarily re-route any means of access to or egress from the Property or the Building and to temporarily change the areas over which the Rights mentioned in clause 3.1(a3.1(b) are exercised; and
(gf) the right to re-route and replace any Service Media over which the Rights mentioned in clause 3.1(f3.1(e) are exercised; and
(h) the right to enter the Property so far is as necessary to access the museum store on the first floor and those parts of the Museum located in the basement
(i) the right to pass and xxxxxx on foot across the Balcony SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(j) the right to pass and xxxxxx on foot across those parts of the Property that form part of the Circulation Route SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(k) the right to pass and xxxxxx on foot across the Tenant’s Property at any time in order to access the plant room in the basement of the Building;
(l) the right to use the services and facilities offered by the Tenant from the Café in accordance with the provisions of the Community Use and Management Agreement. , notwithstanding that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or air to the Property or the Common Parts or loss of amenity for the Property or the Common PartsParts provided that they do not materially adversely affect the use and enjoyment of the Property for the Permitted Use.
4.2 The Landlord also reserves the right to enter the Property:
(a) to inspect, repair, maintain, install, construct construct, re-route or replace replace:
(i) the roof and any structural parts of the Building;
(ii) any Service Media or structure relating to any of the ReservationsMedia; and
(b) to carry out any works to the Common Parts, the Central Gallery, the Terrace or the Museum;
(c) for any other purpose mentioned in or connected with:
(i) this lease;
(ii) the Reservations; andor
(iii) the Landlord’s interest in the Property, the Building or the Landlord's Neighbouring Property;
(d) or for any other reasonable reason PROVIDED THAT the entry and/or carrying out of such works shall not unreasonably interrupt the Tenant's operations conducted from the Property.
4.3 The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, and by anyone authorised by the Landlord.
4.4 In relation to the Reservations mentioned in clause 4.1(i) and 4.1(l) these may be exercised by the visitors to the Museum as well as any party entitled to exercise them in accordance with clause 4.3.
4.5 The Tenant shall allow all those entitled to exercise any right to enter the Property, to do so with their workers, contractors, agents and professional advisors, and to enter the Property at any reasonable time (whether or not during usual business hours) and, except in the case of an emergency, after having given reasonable notice (which in the case of emergency only need not be in writing) to the Tenant.
4.5 The Tenant shall (at the Landlord’s expense) take such steps as are necessary (including temporarily suspending operation of or removing or relocating some or all of the Equipment) in order to permit the Landlord to exercise the Reservations mentioned in clause 4.2.
4.6 No Any party exercising any of the Reservations, nor its workers, contractors, agents and professional advisors, Reservations shall be liable use all reasonable endeavours to minimise any consequent disruption or interruption to the continued operation of the Equipment for the Permitted Use.
4.7 The Landlord shall pay reasonable compensation to the Tenant or to any undertenant or other occupier for loss of or person at income arising directly out of the Property for any loss, damage, injury, nuisance or inconvenience arising by reason exercise of its exercising any of the Reservations except for:
(a) physical damage which disrupt or interrupt the continued operation of the Equipment for the Permitted Use for more than 60 days in any five year period. Any compensation payable will be subject to the Property; or
(b) any loss, damage, injury, nuisance or inconvenience a maximum cap of £4,000 and will not be payable where a force majeur event has resulted in relation to which the law prevents the Landlord from excluding liabilityexercising their rights.
Appears in 1 contract
Samples: Lease
RIGHTS EXCEPTED AND RESERVED. 4.1 The following rights are excepted and reserved from this lease Lease to the Landlord for the benefit of the Building and the Landlord's Neighbouring Property and to the extent possible for the benefit of any neighbouring or adjoining property in which the Landlord acquires an interest during the term:
(a) the right to support and protection from the Property;
(b) 4.1.1 rights of light, air, support and protection to the extent those rights are capable of being enjoyed at any time during the term;
(c) 4.1.2 the right to use and to connect into Service Media at, but not forming part of, at the Property which are in existence at the date of this lease Lease or which are installed or constructed during the period of 80 years from the commencement of the term (and that period is the perpetuity period for the purposes of section 1 of the Perpetuities and Accumulations Act 1964);
4.1.3 at any time during the term; , the full and free right to install develop the Landlord's Neighbouring Property and construct Service Media at any neighbouring or adjoining property in which the Property to serve any part of Landlord acquires an interest during the Building (whether or not such Service Media also serve term as the Property); and the right to re-route any Service Media mentioned in this clauseLandlord may think fit;
(d) 4.1.4 the right to erect scaffolding at the Property or the Building and attach it to any part of building or structure on the Property or the Building in connection with any of the Reservations;
(e) 4.1.5 the right after consultation with the Tenant to attach build on or into any structure, fixture or fitting to the boundary wall of the Property in connection with any of the Reservations;
(f) 4.1.6 the right to temporarily re-route any Service Media at or serving the Property or re-route any means of access to or egress from the Property or the Building and to temporarily change the areas over which the Rights mentioned in clause 3.1(a) are exercisedProperty; and
(g) the 4.1.7 a right to re-route and replace any Service Media of access over which the Rights mentioned in clause 3.1(f) are exercised; and
(h) the right to enter the Property so far is as necessary to access the museum store on the first floor and those parts of the Museum located in the basement
(i) the right to pass and xxxxxx on foot across the Balcony SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(j) the right to pass and xxxxxx on foot across those parts such part of the Property that form part as is necessary for the purpose of the Circulation Route SUBJECT always to temporary interruption access to the said right in accordance with the provisions of the Community Use and Management Agreement;
(k) the right to pass and xxxxxx on foot across the Tenant’s Landlord's Neighbouring Property at any time in order to access the plant room in the basement of the Building;
(l) the right to use the services and facilities offered by the Tenant from the Café in accordance with the provisions of the Community Use and Management Agreement. notwithstanding that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or air to the Property or the Common Parts or loss of amenity for the Property or provided that they do not materially affect the Common Partsuse and enjoyment of the Property for the Permitted Use.
4.2 The Landlord reserves the right to build upon, erect a building or structure to a specification agreed with the Tenant (acting reasonably and without undue delay) and thereafter to occupy at any time during the Contractual Term or grant occupation to a third party of an area of the Property at a size and location to be agreed for use as a Community Space and such other use as the Landlord and Tenant agrees for the benefit of the Landlord, its invitees, lessees and assigns.
4.3 Notwithstanding the provisions of clause 16, the Tenant will at the request of the Landlord, grant to the Landlord a sub-lease, licence or other tenancy agreement as required by the Landlord (acting reasonably) on terms to be agreed.
4.4 The Tenant shall co-operate with the Landlord during the construction of the Community Space and its subsequent operation, occupation and use and shall not obstruct, hinder, do anything or omit to do anything that may prevent or otherwise adversely affect the Landlord's ability to trade from the Community Space.
4.5 The Landlord reserves the right to enter the Property:
(a) 4.5.1 to repair, maintain, install, construct re-route maintain or replace any Service Media or structure relating to any of the Reservations; and
(b) to carry out any works to the Common Parts, the Central Gallery, the Terrace or the Museum;
(c) 4.5.2 for any other purpose mentioned in or connected with:
(i) 4.5.2.1 this leaseLease;
(ii) 4.5.2.2 the Reservations; and
(iii) 4.5.2.3 the Landlord’s 's interest in the Property, the Building or the Landlord's Neighbouring Property;
(d) or for any other reasonable reason PROVIDED THAT the entry and/or carrying out of such works shall not unreasonably interrupt the Tenant's operations conducted from the Property.
4.3 4.6 The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, and by anyone authorised by the Landlord.
4.4 In relation to the Reservations mentioned in clause 4.1(i) and 4.1(l) these may be exercised by the visitors to the Museum as well as any party entitled to exercise them in accordance with clause 4.3.
4.5 4.7 The Tenant shall allow all those entitled to exercise any right to enter the Property, to do so with their workers, contractors, agents and professional advisors, and to enter the Property at any reasonable time (whether or not during usual business hours) and, except in the case of an emergency, after having given reasonable notice (which in the case of emergency only need not be in writing) to the Tenant.
4.6 4.8 No party exercising any of the Reservations, nor its workers, contractors, agents and professional advisors, shall be liable to the Tenant or to any undertenant or other occupier of or person at the Property for any loss, damage, injury, nuisance or inconvenience arising by reason of its exercising any of the those Reservations except for:
(a) 4.8.1 physical damage to the Property; or
(b) 4.8.2 any loss, damage, injury, nuisance or inconvenience in relation to which the law prevents the Landlord from excluding liability.
Appears in 1 contract
Samples: Lease Agreement
RIGHTS EXCEPTED AND RESERVED. 4.1 The following rights are excepted and reserved from this lease to the Landlord to the extent possible for the benefit of any neighbouring or adjoining property in which the Building and Landlord acquires an interest during the Landlord's Neighbouring Property term:
(a) the right to support and protection from the Property;
(b) rights of light, air, support and protection to the extent those rights are capable of being enjoyed at any time during the term;
(cb) the right to use and to connect into Service Media at, but not forming part of, at the Property which are in existence at the date of this lease or which are installed or constructed during the Contractual Term;
(c) at any time during the term; , the full and free right to install and construct Service Media at develop any neighbouring or adjoining property in which the Property to serve any part of Landlord acquires an interest during the Building (whether or not such Service Media also serve term as the Property); and the right to re-route any Service Media mentioned in this clauseLandlord may think fit;
(d) the right to erect scaffolding at the Property or the Building and attach it to any part of building or structure on the Property or the Building in connection with any of the Reservations;
(e) the right after consultation with the Tenant to attach build on or into any structure, fixture or fitting to the boundary wall of the Property in connection with any of the Reservations;; and
(f) the right to temporarily re-route any Service Media at or serving the Property or re-route any means of access to or egress from the Property or provided that the Building and to temporarily change the areas over which the Rights mentioned in clause 3.1(a) are exercised; and
(g) the right to Landlord shall not effect such a re-route and replace any that will reduce or inhibit the Service Media over which the Rights mentioned in clause 3.1(f) are exercised; and
(h) the right available to enter the Property so far is as necessary or which will make the means of access to access the museum store on the first floor and those parts of the Museum located in the basement
(i) the right to pass and xxxxxx on foot across the Balcony SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(j) the right to pass and xxxxxx on foot across those parts of or egress from the Property any less convenient or adequate than it is at the date of this Lease or that form part of would otherwise inhibit or adversely affect the Circulation Route SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Permitted Use and Management Agreement;
(k) the right to pass and xxxxxx on foot across the Tenant’s Property at any time in order to access the plant room in the basement of the Building;
(l) the right to use the services and facilities offered by the Tenant from the Café in accordance with the provisions of the Community Use and Management Agreement. notwithstanding that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or air to the Property or the Common Parts or loss of amenity for the Property or provided that they do not materially affect the Common Partsuse and enjoyment of the Property for the Permitted Use.
4.2 The Landlord reserves the right to enter the Property:Property upon giving at least 72 hours’ notice in writing to the Tenant (save in case of emergency):
(a) to repair, maintain, install, construct re-route maintain or replace any Service Media or structure relating to any of the Reservations; and
(b) to carry out any works to the Common Parts, the Central Gallery, the Terrace or the Museum;
(c) for any other purpose mentioned in or reasonably connected with:
(i) this lease;
(ii) the Reservations; and
(iii) the Landlord’s 's interest in the Property, Property Insofar as the Building or purpose for such cannot reasonably be carried from outside the Landlord's Neighbouring Property;
(d) or for any other reasonable reason PROVIDED THAT the entry and/or carrying out of Property and without such works shall not unreasonably interrupt the Tenant's operations conducted from the Propertyentry.
4.3 The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, and by anyone authorised in writing by the Landlord.
4.4 In relation to the Reservations mentioned in clause 4.1(i) and 4.1(l) these may be exercised by the visitors to the Museum as well as any party entitled to exercise them in accordance with clause 4.3.
4.5 The Tenant shall allow all those entitled to exercise any right to enter the Property, to do so with their workers, contractors, agents and professional advisors, and to enter the Property at any reasonable time (whether or not during usual business hours) and, except in the case of an emergency, after having given reasonable at least one week’s notice (which in the case of emergency only need not be in writing) writing to the Tenant, or such longer period as may be reasonable depending on the nature of the works being undertaken.
4.6 4.5 No party exercising any of the Reservations, nor its workers, contractors, agents and professional advisors, shall be liable to the Tenant or to any undertenant or other occupier of or person at the Property for any loss, damage, injury, nuisance or inconvenience arising by reason of its exercising any of the those Reservations except for:
(a) physical damage to the Property; or
(b) any loss, damage, injury, nuisance or inconvenience in relation to which the law prevents the Landlord from excluding liabilityliability or any loss or damage suffered by the Tenant as the result of any interruption or inhibition of the Permitted Use.
Appears in 1 contract
Samples: Lease
RIGHTS EXCEPTED AND RESERVED. 4.1 The following rights are excepted and reserved from this lease to the Landlord for the benefit of the Building and the Landlord's Neighbouring Property :
(a) the right to support and protection from the Property;
(b) rights of light, air, support and protection to the extent those rights are capable of being enjoyed at any time during the term;
(c) the right to use and to connect into Service Media at, but not forming part of, the Property which are in existence at the date of this lease or which are installed or constructed during the term; the right to install and construct Service Media at the Property to serve any part of the Building (whether or not such Service Media also serve the Property); and the right to re-route any Service Media mentioned in this clause;
(d) the right to erect scaffolding at the Property or the Building and attach it to any part of the Property or the Building in connection with any of the Reservations;
(e) the right after consultation with the Tenant to attach any structure, fixture or fitting to the boundary of the Property in connection with any of the Reservations;
(f) the right to temporarily re-route any means of access to or egress from the Property or the Building and to temporarily change the areas over which the Rights mentioned in clause 3.1(a) are exercised; and
(g) the right to re-route and replace any Service Media over which the Rights mentioned in clause 3.1(f) are exercised; and
(h) the right to enter the Property so far is as necessary to access the museum store on the first floor and those parts of the Museum located in the basement
(i) the right to pass and xxxxxx on foot across the Balcony SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(j) the right to pass and xxxxxx on foot across those parts of the Property that form part of the Circulation Route SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(k) the right to pass and xxxxxx on foot across the Tenant’s Property at any time in order to access the plant room in the basement of the Building;
(l) the right to use the services and facilities offered by the Tenant from the Café in accordance with the provisions of the Community Use and Management Agreement. notwithstanding that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or air to the Property or the Common Parts or loss of amenity for the Property or the Common Parts.
4.2 The Landlord reserves the right to enter the Property:
(a) to repair, maintain, install, construct re-route maintain or replace any Service Media or structure relating to any of the Reservations; and;
(b) to carry out any works to the Common Parts, the Central Gallery, the Terrace or the Museum;
(c) for any other purpose mentioned in or connected with:
(i) this leaseLease;
(ii) the Reservations; and
(iii) the Landlord’s interest in the Property, the Building or the Landlord's Neighbouring Property;
(d) or for any other reasonable reason PROVIDED THAT the entry and/or carrying out of such works shall not unreasonably interrupt the Tenant's operations conducted from the Property.
4.3 4.2 The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, and by anyone authorised by the Landlord.
4.4 In relation 4.3 The Landlord’s exercise of its right to enter shall be subject to the Reservations mentioned in clause 4.1(ifollowing limitations:
(a) In the case of an emergency and 4.1(l) these may be exercised by before entry, the visitors Landlord shall make all reasonable efforts to notify the Museum as well as any party entitled to exercise them in accordance with clause 4.3.
4.5 The Tenant shall allow all those entitled to exercise any right or its representatives of its intention to enter the Property, such efforts to do so with their workersinclude but not be limited to, contractorscontacting the Tenant or its representatives at Birkdale House Xxxxxx Close Birchwood Warrington WA3 7PB tel 00000 000000 (during office hours) and Greenbank IA, agents 00 Xxxxxxxxx Xxxxx, Xxxxxx Xxxx, Xxxxxxxxx X00 0 AS, tel 0000 0000 000 (24 hours) and professional advisorsany out of hours or emergency contact details provided by the Tenant;
(b) For the avoidance of doubt, and to ensure that the Tenant is complying with its obligations under the AASC Contract in respect of protection of Service Users, the Landlord agrees not to attempt to enter the Property at when it is occupied by any reasonable time (whether or not during usual business hours) and, Service Users except in the case of an emergencyemergency as set out at clause (a) above. The Landlord specifically agrees not to seek or exercise:
(i) Any access NOT accompanied by someone from the AASC Contract;
(ii) Access for the purpose of the proposed sale of the Property
(iii) Any unsolicited contact with the Service Users occupying the Property
4.4 In the event that the Landlord intends to sell the Property, after having given the Tenant shall provide its reasonable notice (which assistance in the case of emergency only need not sale process but on the basis that:
(i) no for sale boards are erected on the Property;
(ii) no other signs be in writing) affixed to the Tenant.Property;
4.6 No party exercising (iii) any of the Reservations, nor its workers, contractors, estate agents and professional advisors, shall be liable or interested parties are directed to the Tenant or to any undertenant or other occupier of or person at in the Property for any loss, damage, injury, nuisance or inconvenience arising by reason of its exercising any of the Reservations except for:
(a) physical damage to the Property; or
(b) any loss, damage, injury, nuisance or inconvenience in relation to which the law prevents the Landlord from excluding liabilityfirst instance.
Appears in 1 contract
Samples: Lease Agreement
RIGHTS EXCEPTED AND RESERVED. 4.1 The following rights are excepted and reserved from this lease to the Landlord for the benefit of the Building and the Landlord's Neighbouring Property :
(a) the right to support and protection from the Property;
(b) rights of light, air, support and protection to the extent those rights are capable of being enjoyed at any time during the term;
(c) the right to use and to connect into Service Media at, but not forming part of, the Property which are in existence at the date of this lease or which are installed or constructed during the term; the right to install and construct Service Media at the Property to serve any part of the Building (whether or not such Service Media also serve the Property); and the right to re-route any Service Media mentioned in this clause;
(d) the right to erect scaffolding at the Property or the Building and attach it to any part of the Property or the Building in connection with any of the Reservations;
(e) the right after consultation with the Tenant to attach any structure, fixture or fitting to the boundary of the Property in connection with any of the Reservations;
(f) the right to temporarily re-route any means of access to or egress from the Property or the Building and to temporarily change the areas over which the Rights mentioned in clause 3.1(a) are exercised; and
(g) the right to re-route and replace any Service Media over which the Rights mentioned in clause 3.1(f) are exercised; and
(h) the right to enter the Property so far is as necessary to access the museum store on the first floor and those parts of the Museum located in the basement
(i) the right to pass and xxxxxx on foot across the Balcony SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(j) the right to pass and xxxxxx on foot across those parts of the Property that form part of the Circulation Route SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(k) the right to pass and xxxxxx on foot across the Tenant’s Property at any time in order to access the plant room in the basement of the Building;
(l) the right to use the services and facilities offered by the Tenant from the Café in accordance with the provisions of the Community Use and Management Agreement. notwithstanding that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or air to the Property or the Common Parts or loss of amenity for the Property provided that they do not materially affect the use and enjoyment of the Property for the Permitted Use:
(a) the right to use, for the benefit of the Landlord’s Neighbouring Property, all roads, tracks, paths and other rights of way across the Property;
(b) the right to use and to connect into Service Media on the Property which are in existence at the date of this lease, or which are installed or constructed during the Common Parts.term, for the benefit of the Landlord’s Neighbouring Property;
4.2 The (c) the right to lay, repair, maintain, renew, inspect, replace or reroute any Service Media, roads and other rights of way or fences on the Property for the benefit of the Landlord’s Neighbouring Property;
(d) the right to enter into any new wayleave agreement, easement, contract or licence that may affect the Property along with the right to authorise agents of the grantee to enter the Property with or without vehicles, plant and machinery and carry out works on the Property, at the grantee’s or Landlord’s cost, which may be required under those agreements and the right to receive the rents or other payments due under any current or future wayleave agreement, easement, contract or licence relating to the Property;
(e) at any time during the term, the full and free right to develop the Landlord’s Neighbouring Property and any neighbouring or adjoining property in which the Landlord reserves acquires an interest during the term as the Landlord may think fit;
(f) the right to enter the Property:
(a) Property to repair, maintain, install, construct re-route or replace any Service Media or structure relating to any inspect the condition of the Reservations; and
(b) to carry out any works to the Common Parts, the Central Gallery, the Terrace or the Museum;
(c) Property and for any other purpose mentioned in or connected with:
(i) this lease;
(ii) the Reservations; andor
(iii) the Landlord’s interest in the Property, ;
(g) the Building exclusive right to all treasure or archaeological artefacts discovered on the Landlord's Neighbouring Property;
(dh) the right to extract water from any watercourse on or for any other reasonable reason PROVIDED THAT beneath the entry and/or carrying out surface of such works shall not unreasonably interrupt the Tenant's operations conducted from the Property;
(i) the right to all game, deer, fish, wildfowl and other wild birds, and the exclusive right to enter the Property to rear, preserve, shoot, kill and take them away, and the exclusive right to xxxx, shoot, hawk, sport or fish on or over the Property; and
(j) the right to all timber and trees and to all mines, quarries and minerals and mineral substances and petroleum and its relative hydrocarbons and all stones, sand, brick-earth, clay, gravel and turf on, in or under the Property, with the right of access to cut, fell, work, process and carry away the same, the person exercising such rights making good all damage thereby caused or paying proper compensation for such damage.
4.3 4.2 The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, and by anyone authorised by the Landlord.
4.4 In relation to the Reservations mentioned in clause 4.1(i) and 4.1(l) these may be exercised by the visitors to the Museum as well as any party entitled to exercise them in accordance with clause 4.3.
4.5 4.3 The Tenant shall allow all those entitled to exercise any right to enter of the Property, to do so with their workers, contractors, agents and professional advisors, and Reservations to enter the Property at any reasonable time (whether or not during usual business hours) and, except in the case of an emergency, after having given reasonable notice to the Tenant (which in the case of emergency only notice need not be in writing) to the Tenant), with or without their workers, contractors, agents and professional advisors.
4.6 4.4 No party exercising any of the Reservations, nor its workers, contractors, agents and or professional advisors, shall be liable to the Tenant or to any undertenant or other occupier of or person at the Property for any loss, damage, injury, nuisance or inconvenience arising by reason of its exercising the exercise of any of the Reservations except for:
(a) physical damage to the Property; or
(b) any loss, damage, injury, nuisance or inconvenience in relation to which the law prevents the Landlord from excluding liability.
Appears in 1 contract
Samples: Lease Agreement
RIGHTS EXCEPTED AND RESERVED. 4.1 The following rights are excepted and reserved from this lease to the Landlord for the benefit of the Building and the Landlord's ’s Neighbouring Property and to the extent possible for the benefit of any neighbouring or adjoining property in which the Landlord acquires an interest during the term:
(a) the right to support use the land hatched grey on Plan 1 for the purposes of vehicular and protection pedestrian access to and egress from the Landlord’s Neighbouring Property;
(b) the right to use the footpaths on the Property for the purposes of pedestrian access to and egress from the Landlord’s Neighbouring Property;
(c) rights of light, air, light air support and protection to the extent those rights are capable of being enjoyed at any time during the term;
(cd) the right to use and to connect into Service Media at, at but not forming part of, of the Property which are in existence at the date of this lease or which are installed or constructed during the termContractual Term; the right to install and construct Service Media at the Property to serve any part of the Landlord’s Neighbouring Property including the Building (whether or not such Service Media also serve the Property); ) and the right to re-route any Service Media mentioned in this clause;
(de) at any time during the term the full and free right to develop any part of the Landlord’s Neighbouring Property and any neighbouring or adjoining property in which the Landlord acquires an interest during the term as the Landlord may think fit;
(f) the right to erect scaffolding at the Property build on or the Building and attach it to into any part of the Property or the Building in connection with any of the Reservations;
(e) the right after consultation with the Tenant to attach any structure, fixture or fitting to the boundary wall of the Property in connection with any of the Reservations;
(fg) the right to temporarily erect and maintain promotional and other signage on the Property subject to the Landlord meeting the cost of erecting, repairing or replacing such signage;
(h) the right to suspend close dispose of or otherwise deal with the car parks within the Landlord’s Neighbouring Property at its absolute discretion;
(i) the right to suspend the rights mentioned in clause 3.1 for limited periods so long as the Landlord gives as much notice as reasonably practical and where possible not less than forty eight hours except in the case of an emergency;
(j) the right to re-route any means of access to or egress from the Property or the Building Access and to temporarily change the areas over which the Rights mentioned in clause 3.1(a) 3.1 are exercised; andexercised either temporarily or permanently upon giving reasonable notice and subject to ensuring that such access is maintained and there is no more than minimal disruption;
(gk) the right to re-route and replace any Service Media over which the Rights mentioned in clause 3.1(f3.1(c) are exercisedexercised either temporarily or permanently upon giving reasonable notice and there is no more than minimal disruption; and
(h) the right to enter the Property so far is as necessary to access the museum store on the first floor and those parts of the Museum located in the basement
(i) the right to pass and xxxxxx on foot across the Balcony SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(j) the right to pass and xxxxxx on foot across those parts of the Property that form part of the Circulation Route SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(k) the right to pass and xxxxxx on foot across the Tenant’s Property at any time in order to access the plant room in the basement of the Building;
(l) the right to use the services and facilities offered by the Tenant from the Café in accordance with the provisions of the Community Use and Management Agreement. notwithstanding that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or air to the Property or the Common Parts or loss of amenity for the Property or provided that they do not materially adversely affect the Common Partsuse and enjoyment of the Property for the Permitted Use and no compensation for any disturbance will be payable.
4.2 The Landlord reserves the right to enter the Property:
(a) to repair, maintain, install, repair or maintain that part of the Building which is situated on the Landlord’s Neighbouring Property;
(b) to maintain install construct re-route or replace any Service Media or structure relating to any of the Reservations; and
(b) to carry out any works to the Common Parts, the Central Gallery, the Terrace or the Museum;
(c) for any other purpose mentioned in or connected with:
(i) this lease;
(ii) the Reservations; and
(iii) the Landlord’s interest in the Property, the Building Property or the Landlord's ’s Neighbouring Property;
(d) or for any other reasonable reason PROVIDED THAT the entry and/or carrying out of such works shall not unreasonably interrupt the Tenant's operations conducted from the Property.
4.3 The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, them and by anyone authorised by the Landlord.
4.4 In relation to the Reservations mentioned in clause 4.1(i) and 4.1(l) these may be exercised by the visitors to the Museum as well as any party entitled to exercise them in accordance with clause 4.3.
4.5 The Tenant shall allow all those entitled to exercise any right to enter the Property, Property to do so with their workers, contractors, workers contractors agents and professional advisors, advisors and to enter the Property at any reasonable time (whether or not during usual business hours) and, and except in the case of an emergency, emergency after having given reasonable notice (which in the case of emergency only need not be in writing) to the Tenant.
4.6 4.5 No party exercising any of the Reservations, Reservations nor its workers, contractors, workers contractors agents and professional advisors, advisors shall be liable to the Tenant or to any undertenant or other occupier of or person at the Property for any loss, damage, injury, loss damage injury nuisance or inconvenience arising by reason of its exercising any of the Reservations except for:
(a) physical damage to the Property; or
(b) any loss, damage, injury, loss damage injury nuisance or inconvenience in relation to which the law prevents the Landlord from excluding liability.
Appears in 1 contract
Samples: Lease Agreement
RIGHTS EXCEPTED AND RESERVED. 4.1 5.1 The following rights are excepted and reserved from this lease Lease to the Landlord for the benefit of the Building and the Landlord's Neighbouring Property and to the extent possible for the benefit of any neighbouring or adjoining property in which the Landlord acquires an interest during the term:
(a) the right to support and protection from the Property;
(bi) rights of light, air, support and protection to the extent those rights are capable of being enjoyed at any time during the term;
(cii) the right to use and to connect into Service Media at, but not forming part of, at the Property which are in existence at the date of this lease or which are installed or constructed during the term; the right to install and construct Service Media at the Property to serve any part of the Building (whether or not such Service Media also serve the Property); and the right to re-route any Service Media mentioned in this clauseContractual Term;
(diii) at any time during the term, the full and free right to develop the Landlord's Neighbouring Property and any neighbouring or adjoining property in which the Landlord acquires an interest during the term as the Landlord may think fit;
(iv) the right to erect scaffolding at the Property or the Building and attach it to any part of the Property building or the Building in connection with any of the Reservations;
(e) the right after consultation with the Tenant to attach any structure, fixture or fitting to the boundary of structure on the Property in connection with any of the Reservations;
(fv) the right to temporarily build on or into any boundary wall of the Property in connection with any of the Reservations; and
(vi) the right to re-route any Service Media at or serving the Property or re-route any means of access to or egress from the Property or the Building and to temporarily change the areas over which the Rights mentioned in clause 3.1(a) are exercised; and
(g) the right to re-route and replace any Service Media over which the Rights mentioned in clause 3.1(f) are exercised; and
(h) the right to enter the Property so far is as necessary to access the museum store on the first floor and those parts of the Museum located in the basement
(i) the right to pass and xxxxxx on foot across the Balcony SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(j) the right to pass and xxxxxx on foot across those parts of the Property that form part of the Circulation Route SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(k) the right to pass and xxxxxx on foot across the Tenant’s Property at any time in order to access the plant room in the basement of the Building;
(l) the right to use the services and facilities offered by the Tenant from the Café in accordance with the provisions of the Community Use and Management Agreement. notwithstanding that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or air to the Property or the Common Parts or loss of amenity for the Property or the Common PartsProperty.
4.2 5.2 The Landlord reserves the right to enter the Property:Property on the giving to the Tenant of not less than seven days notice in writing (save in the case of an emergency where no notice shall be required):
(a) 5.2.1 to repair, maintain, install, construct re-route maintain or replace any Service Media or structure relating to any of the Reservations; and
(b) to carry out any works to the Common Parts, the Central Gallery, the Terrace or the Museum;
(c) 5.2.2 for any other purpose mentioned in or connected with:
(i) this leaseLease;
(ii) the Reservations; and
(iii) the Landlord’s interest in the Property, the Building or the Property and/or Landlord's ’s Neighbouring Property;
(d) or for any other reasonable reason PROVIDED THAT the entry and/or carrying out of such works shall not unreasonably interrupt the Tenant's operations conducted from the Property.
4.3 5.3 The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, and by anyone authorised by the Landlord.
4.4 In relation to the Reservations mentioned in clause 4.1(i) and 4.1(l) these may be exercised by the visitors to the Museum as well as any party entitled to exercise them in accordance with clause 4.3.
4.5 5.4 The Tenant shall allow all those entitled to exercise any right to enter the Property, to do so with their workers, contractors, agents and professional advisors, and to enter the Property at any reasonable time (whether or not during usual business hours) and, except in the case of an emergency, after having given reasonable notice (which in the case of emergency only need not be in writing) to the Tenant.
4.6 5.5 No party exercising any of the Reservations, nor its workers, contractors, agents and professional advisors, shall be liable to the Tenant or to any undertenant or other occupier of or person at the Property for any loss, damage, injury, nuisance or inconvenience arising by reason of its exercising any of the those Reservations except for:
(a) 5.5.1 physical damage to the Property; or
(b) 5.5.2 any loss, damage, injury, nuisance or inconvenience in relation to which the law prevents the Landlord from excluding liability.
Appears in 1 contract
Samples: Lease Agreement
RIGHTS EXCEPTED AND RESERVED. 4.1 The following rights are excepted and reserved from this lease to the Landlord for the benefit of the Building and the Landlord's ’s Neighbouring Property and to the extent possible for the benefit of any neighbouring or adjoining property in which the Landlord acquires an interest during the term:
(a) the right to support and protection from the Property;
(b) rights of light, air, support and protection to the extent those rights are capable of being enjoyed at any time during the term;
(cb) the right to use and to connect into Service Media at, but not forming part of, at the Property which are in existence at the date of this lease or which are installed or constructed during the period of 80 years from the commencement of the term (and that period is the perpetuity period for the purposes of section 1 of the Perpetuities and Accumulations Act 1964);
(c) at any time during the term; , the full and free right to install and construct Service Media at develop the Landlord’s Neighbouring Property to serve any part of as the Building (whether or not such Service Media also serve the Property); and the right to re-route any Service Media mentioned in this clauseLandlord may think fit;
(d) the right to erect scaffolding at the Property or the Building and attach it to any part of building or structure on the Property or the Building in connection with any of the Reservations;
(e) the right after consultation with the Tenant to attach build on or into any structure, fixture or fitting to the boundary wall of the Property in connection with any of the Reservations;; and
(f) the right to temporarily re-route any Service Media at or serving the Property or re-route any means of access to or egress from the Property or the Building and to temporarily change the areas over which the Rights mentioned in clause 3.1(a) are exercised; and
(g) the right to re-route and replace any Service Media over which the Rights mentioned in clause 3.1(f) are exercised; and
(h) the right to enter the Property so far is as necessary to access the museum store on the first floor and those parts of the Museum located in the basement
(i) the right to pass and xxxxxx on foot across the Balcony SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management AgreementProperty;
(j) the right to pass and xxxxxx on foot across those parts of the Property that form part of the Circulation Route SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(k) the right to pass and xxxxxx on foot across the Tenant’s Property at any time in order to access the plant room in the basement of the Building;
(l) the right to use the services and facilities offered by the Tenant from the Café in accordance with the provisions of the Community Use and Management Agreement. notwithstanding that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or air to the Property or the Common Parts or loss of amenity for the Property or the Common Parts.
4.2 The Landlord reserves the right to enter the Property:
(a) to repair, maintain, install, construct re-route maintain or replace any Service Media or structure relating to any of the Reservations; and
(b) to carry out any works to the Common Parts, the Central Gallery, the Terrace or the Museum;
(c) for any other purpose mentioned in or connected with:
(i) this lease;
(ii) the Reservations; and
(iii) the Landlord’s Landlord´s interest in the Property, the Building or the Landlord's Neighbouring Property;
(d) or for any other reasonable reason PROVIDED THAT the entry and/or carrying out of such works shall not unreasonably interrupt the Tenant's operations conducted from the Property.
4.3 The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, and by anyone authorised by the Landlord.
4.4 In relation to the Reservations mentioned in clause 4.1(i) and 4.1(l) these may be exercised by the visitors to the Museum as well as any party entitled to exercise them in accordance with clause 4.3.
4.5 The Tenant shall allow all those entitled to exercise any right to enter the Property, to do so with their workers, contractors, agents and professional advisors, and to enter the Property at any reasonable time (whether or not during usual business hours) and, except in the case of an emergency, after having given reasonable notice (which in the case of emergency only need not be in writing) to the Tenant.
4.6 4.5 No party exercising any of the Reservations, nor its workers, contractors, agents and professional advisors, shall be liable to the Tenant or to any undertenant or other occupier of or person at the Property for any loss, damage, injury, nuisance or inconvenience arising by reason of its exercising any of the those Reservations except for:
(a) physical damage to the Property; or
(b) any loss, damage, injury, nuisance or inconvenience in relation to which the law prevents the Landlord from excluding liability.
Appears in 1 contract
RIGHTS EXCEPTED AND RESERVED. 4.1 The following rights are excepted and reserved from this lease to the Landlord for the benefit of the Building and to the Landlord's Neighbouring Property extent possible for the benefit of any neighbouring or adjoining property in which the Landlord acquires an interest during the term:
(a) the right to support and protection from the Property;
(b) rights of light, air, support and protection to the extent those rights are capable of being enjoyed at any time during the term;
(cb) the right to use and to connect into Service Media at, but not forming part of, the Property which are in existence at the date of this lease or which are installed or constructed during the termContractual Term; the right to install and construct Service Media at the Property to serve any part of the Building (whether or not such Service Media also serve the Property); and the right to re-route any Service Media mentioned in this clause;
(c) at any time during the term, the full and free right to develop any neighbouring or adjoining property in which the Landlord acquires an interest during the Contractual Term as the Landlord may think fit;
(d) the right to erect scaffolding at the Property or the Building and attach it to any part of the Property or the Building in connection with any of the ReservationsReservations Provided that the scaffolding will be erected for the minimum possible time and does not cause undue disturbance to the Tenant’s business;
(e) the right after consultation with the Tenant to attach any structure, fixture or fitting to the boundary of the Property in connection with any of the Reservations;
(f) the right to temporarily re-route any means of access to or egress from the Property or the Building and to temporarily change the areas over which the Rights mentioned in clause 3.1(a) are exercised; and
(g) the right to re-route and replace any Service Media over which the Rights mentioned in clause 3.1(f) are exercised; and
(h) the right to enter the Property so far is as necessary to access the museum store on the first floor and those parts of the Museum located , provided that there will be no interruption in the basement
(i) the right to pass and xxxxxx on foot across the Balcony SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(j) the right to pass and xxxxxx on foot across those parts of the Property that form part of the Circulation Route SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement;
(k) the right to pass and xxxxxx on foot across the Tenant’s Property at any time in order to access the plant room in the basement of the Building;
(l) the right to use the services and facilities offered service provided by the Tenant from the Café in accordance with the provisions of the Community Use and Management Agreement. Service Media notwithstanding that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or air to the Property or the Common Parts or loss of amenity for the Property or the Common Parts.
4.2 The Landlord reserves the right to enter the Property:Property after not less than 10 working days written notice (except in case of emergency)
(a) to repair, maintain, install, construct re-route or replace any Service Media or structure relating to any of the Reservations; and;
(b) to carry out any necessary works to the Common Parts, parts of the Central Gallery, Building occupied by the Terrace or the Museum;Landlord; and
(c) for any other purpose mentioned in or connected with:
(i) this lease;
(ii) the Reservations; and
(iii) the Landlord’s interest of the Landlord in the Property, Property and the Building or the Landlord's Neighbouring Property;
(d) or for any other reasonable reason PROVIDED THAT the entry and/or carrying out of such works shall not unreasonably interrupt the Tenant's operations conducted from the PropertyBuilding.
4.3 The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, and by anyone authorised by the Landlord.
4.4 In relation to the Reservations mentioned in clause 4.1(i) and 4.1(l) these may be exercised by the visitors to the Museum as well as any party entitled to exercise them in accordance with clause 4.3.
4.5 The Tenant shall allow during normal business hours all those entitled to exercise any right to enter the Property, to do so with their workers, contractors, agents and professional advisors, and to enter the Property at any reasonable time (whether or not during usual business hours) and, except in the case of an emergency, after having given reasonable notice (which not less than 10 working days in the case of emergency only need not be in writing) writing to the Tenant.
4.6 No party exercising any of the Reservations, nor its workers, contractors, agents and professional advisors, shall be liable to the Tenant or to any undertenant or other occupier of or person at the Property for any loss, damage, injury, nuisance or inconvenience arising by reason of its exercising any of the Reservations except for:
(a) physical damage to the Property; or
(b) any loss, damage, injury, nuisance or inconvenience in relation to which the law prevents the Landlord from excluding liability.
Appears in 1 contract
