Service Charge disputes. If any dispute arises in connection with the Service Charge, the Landlord and the Tenant must attempt to resolve it by appropriate alternative means before resorting to court proceedings. The Service Charge Statement will (except for obvious error) become binding on the parties four months after it is delivered to the Tenant or (if later) once any dispute relating to it and arising during that period has been settled or decided.97 Variation in the proportion of the Service Charge payable98 In calculating the [Tenant’s Proportion] [Service Charge] for any of the Services, the Landlord’s surveyor may make any adjustment that is fair and reasonable in all the circumstances, having regard to the relative degree of benefit obtained by the Tenant and other tenants at the Centre from those Services, including by dividing the services and charges set out in paragraph 3 of this Part of the Schedule into separate categories and applying weighting to those categories to take into account differing uses or operating hours. If there is any change in the extent of the Centre, the Landlord must, where it is appropriate to do so, vary the [Tenant’s Proportion] [Service Charge] as is reasonable to take account of that change but the [Tenant’s Proportion] [Service Charge] will not materially increase solely as a result of any change in the extent of the Centre. The [Tenant’s Proportion] [Service Charge] must not be increased by reason only that any Lettable Units: remain unlet; are let on terms that do not require the tenant or other occupier to pay a service charge; or are let on terms that cap the liability of any tenant or other occupier for service charge. Landlord’s obligations Provision of Services The Landlord, acting reasonably and in the interests of good estate management:99 [must supply the Services in an efficient manner at all appropriate times; and100 may vary, reduce or extend those Services.] OR [must supply the Services listed in paragraphs 3.1 to 3.[Insert number] of this Part of the Schedule in an efficient manner at all appropriate times; may supply all or any of the remaining Services listed in paragraph 3 of this Part of the Schedule; and may vary, reduce or extend those Services.] Landlord’s rights and responsibilities The Landlord: may from time to time employ such agents, contractors or others as the Landlord decides; will not be responsible for any interruption in the supply of the Services due to any circumstances outside the Landlord’s control or due to any necessary maintenance, repair, replacement, renewal, servicing, inspection or testing, but must take reasonable steps to restore the supply as soon as reasonably practicable; must take into consideration the administrative, accounting, procurement, management and operational provisions of the Service Charge Code for so long as it is in effect insofar as it is:101 reasonably practicable to do so; consistent with the Landlord’s obligations under this Lease; and consistent with the economic and efficient management of the Centre (taking into consideration all the circumstances including the terms of the leases of other Lettable Units); [and] must take into consideration current practice in estate management if the Service Charge Code is no longer published[; and must net off the Centre Contribution for any Accounting Period against the Service Costs for the same Accounting Period]. [The Landlord will take reasonable steps to notify the Tenant in advance of the service charge budget for each Accounting Period and of any material changes in the service charge budget that subsequently arise.] Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Centre and all Common Parts and Conducting Media, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the Centre, Common Parts and Conducting Media and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning any facilities (including means of access, Conducting Media, party walls and other boundary structures) used in common between the Centre and any adjoining premises, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the facilities used in common and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Lighting the Common Parts. Heating, [providing air-conditioning to] and ventilating the [Common Parts] [Centre] 102. Lighting the exterior of the Centre and any facilities used in common between the Centre and any adjoining premises. Providing hot and cold water to, and maintaining operational supplies in, the toilets in the Common Parts. Supply Costs incurred in providing the Services. All existing and future rates, taxes, duties, charges and financial impositions charged on the Common Parts or the Centre as a whole (and a fair proportion of those levied on the Centre along with any adjoining premises). Providing, inspecting, maintaining (including by maintenance contracts and insurance against sudden and unforeseen breakdown), repairing, renewing, replacing, upgrading and operating: all plant, machinery, apparatus and vehicles used in providing the Services and all signage in the Common Parts; and security, fire fighting and fire detection equipment (excluding portable fire extinguishers in the Premises), fire alarm systems, public address systems, telecommunications systems, closed circuit television systems and traffic control and all other Centre Management Systems. Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Centre and otherwise in connection with the Services. Providing accommodation for staff, plant, furniture, equipment and vehicles used in providing the Services, and all outgoings on them. Employing or procuring agents, contractors or others as the Landlord decides in connection with the Services. Storing, compacting, recycling and disposing of refuse. Planting, replanting and maintaining landscape features in the Common Parts. Providing customer service facilities for visitors to the Centre, including guest Wi-Fi services. Pest and infection control. Gritting, and clearing snow from, the Common Parts. Promoting and advertising the Centre and staging activities and exhibitions within the Centre. Providing seasonal decorations within the Centre. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the Centre. Providing any further services for maintaining and securing the amenities of the Centre. Managing and administering service charge accounts for the Services and the Centre including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the Centre and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing disabled access requirements for the Centre and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing the Environmental Performance of the Centre and, where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Centre from time to time. Carrying out or implementing any Recommended Improvement Measures, Operational Rating Measures or any other works or measures to implement any Action Plan (or any other similar or replacement obligation) from time to time103. Interest costs reasonably incurred by the Landlord on borrowing from a UK clearing bank or, if the Landlord uses its own moneys, an amount equal to the interest costs that would have been incurred if the Landlord had borrowed from a UK clearing bank at reasonable commercial rates. Interest costs will be reasonably incurred under this paragraph if: the Landlord has to meet an immediate liability where the service charge funds held by the Landlord are insufficient for that purpose and the shortfall does not result from any caps on the amount of service charge recoverable, any non-payment of service charges by other tenants or any unlet Lettable Unit; or the Landlord decides at its absolute discretion to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Charge exclusions Costs arising from any damage or destruction to the Centre caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Centre. Costs of upgrading, innovation or improvement resulting from any repair, maintenance, reinstatement, rebuilding or replacement, but this will not prevent the Landlord including costs within the Service Costs which arise: where an item is to be replaced by way of repair and the replacement is broadly the modern day or up-to-date equivalent of what was there previously; where the Landlord considers replacement to be more economical than repair (and the Landlord is entitled to take into consideration the medium/long-term benefits of replacement); where an item has to be replaced or installed to comply with any Act or the requirements of the insurers; or where replacement or renewal is reasonable and cost-effective and will reduce operating costs for the benefit of the tenants of the Lettable Units[ or improve for the tenants the Environmental Performance of the Centre]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Centre. Unrecovered costs due from another tenant of the Centre. Costs incurred in dealing with the Landlord’s interest in the Centre, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord’s interest in the Centre. [Costs incurred in running and maintaining the Car Park at the Centre where parking is charged for and the Landlord keeps the charges.]104 Weighting105
Appears in 1 contract
Samples: Lease
Service Charge disputes. If any dispute arises in connection with the Service Charge, the Landlord and the Tenant must attempt to resolve it by appropriate alternative means before resorting to court proceedings. The Service Charge Statement will (except for obvious error) become binding on the parties four months after it is delivered to the Tenant or (if later) once any dispute relating to it and arising during that period has been settled or decided.97 decided.86 Variation in the proportion of the Service Charge payable98 payable87 In calculating the [Tenant’s 's Proportion] [Service Charge] for any of the Services, the Landlord’s 's surveyor may make any adjustment that is fair and reasonable in all the circumstances, having regard to the relative degree of benefit obtained by the Tenant and other tenants at the Centre Estate from those Services, including by dividing the services and charges set out in paragraph 3 3. of this Part of the Schedule into separate categories and applying weighting to those categories to take into account differing uses or operating hours. If there is any change in the extent of the CentreEstate, the Landlord must, where it is appropriate to do so, vary the [Tenant’s 's Proportion] [Service Charge] as is reasonable to take account of that change but the [Tenant’s 's Proportion] [Service Charge] will not materially increase solely as a result of any change in the extent of the CentreEstate. The [Tenant’s 's Proportion] [Service Charge] must not be increased by reason only that any Lettable Units: remain unlet; are let on terms that do not require the tenant or other occupier to pay a service charge; or are let on terms that cap the liability of any tenant or other occupier for service charge. Landlord’s 's obligations Provision of Services services The Landlord, acting reasonably and in the interests of good estate management:99 management:88 [must supply the Services in an efficient manner at all appropriate times; and100 and may vary, reduce or extend those Services.] OR [must supply the Services listed in paragraphs 3.1 to 3.[Insert number] of this Part of the Schedule in an efficient manner at all appropriate times; may supply all or any of the remaining Services listed in paragraph 3 3. of this Part of the Schedule; and may vary, reduce or extend those Services.] Landlord’s 's rights and responsibilities The Landlord: may from time to time employ such agents, contractors or others as the Landlord decides; will not be responsible for any interruption in the supply of the Services due to any circumstances outside the Landlord’s 's control or due to any necessary maintenance, repair, replacement, renewal, servicing, inspection or testing, but must take reasonable steps to restore the supply as soon as reasonably practicable; must take into consideration the administrative, accounting, procurement, management and operational provisions of the Service Charge Code for so long as it is in effect insofar as it is:101 is:89 reasonably practicable to do so; consistent with the Landlord’s 's obligations under this Lease; and consistent with the economic and efficient management of the Centre Estate (taking into consideration all the circumstances including the terms of the leases of other Lettable Units); [;[ and] must take into consideration current practice in estate management if the Service Charge Code is no longer published[; and must net off the Centre Estate Contribution for any Accounting Period accounting period against the Service Costs for the same Accounting Periodaccounting period]. [The Landlord will take reasonable steps to notify the Tenant in advance of the service charge budget for each Accounting Period accounting period and of any material changes in the service charge budget that subsequently arise.] Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Centre and all Common Parts and Conducting Media, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the Centre, Common Parts and Conducting Media and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning any facilities (including means of access, Conducting Media, party walls and other boundary structures) used in common between the Centre Estate and any adjoining premises, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the facilities used in common and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Lighting the Common Parts. HeatingLighting, heating, [providing air-conditioning to] and ventilating any indoor amenities within the [Common Parts] [Centre] 102. Lighting the exterior of the Centre buildings on the Estate and any facilities used in common between the Centre Estate and any adjoining premises. Providing hot and cold water to, and maintaining operational supplies in, the toilets in the Common Parts. Supply Costs incurred in providing the Services. All existing and future rates, taxes, duties, charges and financial impositions charged on the Common Parts or the Centre Estate as a whole (and a fair proportion of those levied on the Centre Estate along with any adjoining premises). Providing, inspecting, maintaining (including by maintenance contracts and insurance against sudden and unforeseen breakdown), repairing, renewing, replacing, upgrading and operating: all plant, machinery, apparatus and vehicles used in providing the Services and all signage in the Common Parts; and security, fire fighting and fire detection equipment (excluding portable fire extinguishers in the Premises), fire alarm systems, public address systems, telecommunications systems, closed circuit television systems and traffic control and all other Centre Management Systemscontrol. Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Centre Estate and otherwise in connection with the Services. Providing accommodation for staff, plant, furniture, equipment and vehicles used in providing the Services, and all outgoings on them. Employing or procuring agents, contractors or others as the Landlord decides in connection with the Services. Storing, compacting, recycling and disposing of refuse. Planting, replanting and maintaining landscape features in the Common Parts. Providing customer service facilities for visitors to the Centre, including guest Wi-Fi servicesEstate. Pest and infection control. Gritting, and clearing snow from, the Common Parts. Promoting and advertising the Centre Estate and staging activities and exhibitions within the CentreEstate. Providing seasonal decorations within the CentreEstate. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the CentreEstate. Providing any further services for maintaining and securing the amenities of the CentreEstate. Managing and administering service charge accounts for the Services and the Centre Estate including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the Centre Estate and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing disabled access requirements for the Centre Estate and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing the Environmental Performance of the Centre and, Estate and where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Centre Estate from time to time. Carrying out or implementing any Recommended Improvement Measures, Operational Rating Measures or any other works or measures to implement any Action Plan in respect of all or any part of the Common Parts (or any other similar or replacement obligation) from time to time103time90. Interest costs reasonably incurred by the Landlord on borrowing from a UK clearing bank or, if the Landlord uses its own moneys, an amount equal to the interest costs that would have been incurred if the Landlord had borrowed from a UK clearing bank at reasonable commercial rates. Interest costs will be reasonably incurred under this paragraph if: the Landlord has to meet an immediate liability where the service charge funds held by the Landlord are insufficient for that purpose and the shortfall does not result from any caps on the amount of service charge recoverable, any non-payment of service charges by other tenants or any unlet Lettable Unit; or the Landlord decides at its absolute discretion to incur service charge expenditure in one Accounting Period accounting period and recover that expenditure over two or more Accounting Periodsaccounting periods. Service Charge exclusions Exclusions Costs arising from any damage or destruction to the Centre Estate caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the CentreEstate. Costs of upgrading, innovation or improvement resulting from any repair, maintenance, reinstatement, rebuilding or replacement, but this will not prevent the Landlord including costs within the Service Costs which arise: where an item is to be replaced by way of repair and the replacement is broadly the modern day or up-to-date equivalent of what was there previously; where the Landlord considers replacement to be more economical than repair (and the Landlord is entitled to take into consideration the medium/long-term benefits of replacement); where an item has to be replaced or installed to comply with any Act or the requirements of the insurers; or where replacement or renewal is reasonable and cost-effective and will reduce operating costs for the benefit of the tenants of the Lettable Units[ or improve for the tenants the Environmental Performance of the CentreEstate]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the CentreEstate. Unrecovered costs due from another tenant of the CentreEstate. Costs incurred in dealing with the Landlord’s 's interest in the CentreEstate, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord’s 's interest in the CentreEstate. [Costs incurred in running and maintaining the any Car Park at the Centre Estate where parking is charged for and the Landlord keeps the charges.]104 Weighting105charges.]91 Weighting92
Appears in 1 contract
Samples: Lease
Service Charge disputes. If any dispute arises in connection with the Service Charge, the Landlord and the Tenant must attempt to resolve it by appropriate alternative means before resorting to court proceedings. The Service Charge Statement will (except for obvious error) become binding on the parties four months after it is delivered to the Tenant or (if later) once any dispute relating to it and arising during that period has been settled or decided.97 decided.71 Variation in the proportion of the Service Charge payable98 payable In calculating the [Tenant’s Proportion] [Service Charge] Charge for any of the Services, the Landlord’s surveyor may make any adjustment that is fair and reasonable in all the circumstances, having regard to the relative degree of benefit obtained by the Tenant and other tenants at the Centre Estate from those Services, including by dividing the services and charges set out in paragraph 3 34 of this Part of the Schedule into separate categories and applying weighting to those categories to take into account differing uses or operating hours. If there is any change in the extent of the CentreEstate, the Landlord must, where it is appropriate to do so, vary the [Tenant’s Proportion] [Service Charge] Charge as is reasonable to take account of that change but the [Tenant’s Proportion] [Service Charge] Charge will not materially increase solely as a result of any change in the extent of the CentreEstate. The [Tenant’s Proportion] [Service Charge] Charge must not be increased by reason only that any Lettable Units: remain unlet; are let on terms that do not require the tenant or other occupier to pay a service charge; or are let on terms that cap the liability of any tenant or other occupier for service charge. Landlord’s 's obligations Provision of Services The Landlord, acting reasonably and in the interests of good estate management:99 management:72 [must supply the Services in an efficient manner at all appropriate times; and100 and may vary, reduce or extend those Services.] OR [must supply the Services listed in paragraphs 3.1 34.1 to 3.[Insert 34.[Insert number] of this Part of the Schedule in an efficient manner at all appropriate times; may supply all or any of the remaining Services listed in paragraph 3 34 of this Part of the Schedule; and may vary, reduce or extend those Services.] Landlord’s 's rights and responsibilities The Landlord: may from time to time employ such agents, contractors or others as the Landlord decides; will not be responsible for any interruption in the supply of the Services due to any circumstances outside the Landlord’s 's control or due to any necessary maintenance, repair, replacement, renewal, servicing, inspection or testing, but must take reasonable steps to restore the supply as soon as reasonably practicable; [and] must take into consideration the administrative, accounting, procurement, management and operational provisions of the Service Charge Code for so long as it is in effect insofar as it is:101 is:73 reasonably practicable to do so; consistent with the Landlord’s 's obligations under this Lease; and consistent with the economic and efficient management of the Centre Estate (taking into consideration all the circumstances including the terms of the leases of other Lettable Units); [and] and must take into consideration current practice in estate management if the Service Charge Code is no longer published[; and must net off the Centre Contribution for any Accounting Period against the Service Costs for the same Accounting Period]. [The Landlord will take reasonable steps to notify the Tenant in advance of the service charge budget for each Accounting Period accounting period and of any material changes in the service charge budget that subsequently arise.] Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Centre and all Common Parts and Conducting Media, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the Centre, Common Parts and Conducting Media and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning any facilities (including means of access, Conducting Media, party walls and other boundary structures) used in common between the Centre Estate and any adjoining premises. Lighting, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the facilities used in common and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Lighting the Common Parts. Heatingheating, [providing air-conditioning to] and ventilating any indoor amenities within the [Common Parts] [Centre] 102. Lighting the exterior of the Centre buildings on the Estate and any facilities used in common between the Centre Estate and any adjoining premises. Providing hot and cold water to, and maintaining operational supplies in, the toilets in the Common Parts. Supply Costs incurred in providing the Services. All existing and future rates, taxes, duties, charges and financial impositions charged on the Common Parts or the Centre Estate as a whole (and a fair proportion of those levied on the Centre Estate along with any adjoining premises). Providing, inspecting, maintaining (including by maintenance contracts and insurance against sudden and unforeseen breakdown), repairing, renewing, replacing, upgrading and operating: all plant, machinery, apparatus and vehicles used in providing the Services and all signage in the Common Parts; and security, fire fighting and fire detection equipment (excluding portable fire extinguishers in the Premises), fire alarm systems, public address systems, telecommunications systems, closed circuit television systems and traffic control and all other Centre Management Systemscontrol. Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Centre Estate and otherwise in connection with the Services. Providing accommodation for staff, plant, furniture, equipment and vehicles used in providing the Services, and all outgoings on them. Employing or procuring agents, contractors or others as the Landlord decides in connection with the Services. Storing, compacting, recycling and disposing of refuse. Planting, replanting and maintaining landscape features in the Common Parts. Providing customer service facilities for visitors to the Centre, including guest Wi-Fi servicesEstate. Pest and infection control. Gritting, and clearing snow from, the Common Parts. Promoting and advertising the Centre and staging activities and exhibitions within the Centre. Providing seasonal decorations within the Centre. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the CentreEstate. Providing any further services for maintaining and securing the amenities of the CentreEstate. Managing and administering service charge accounts for the Services and the Centre Estate including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the Centre Estate and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing disabled access requirements for the Centre Estate and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing the Environmental Performance of the Centre and, Estate and where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Centre Estate from time to time. Carrying out or implementing any Recommended Improvement Measures, Operational Rating Measures or any other works or measures to implement any Action Plan in respect of all or any part of the Common Parts (or any other similar or replacement obligation) from time to time103time74. Interest costs reasonably incurred by the Landlord on borrowing from a UK clearing bank or, if the Landlord uses its own moneys, an amount equal to the interest costs that would have been incurred if the Landlord had borrowed from a UK clearing bank at reasonable commercial rates. Interest costs will be reasonably incurred under this paragraph if: the Landlord has to meet an immediate liability where the service charge funds held by the Landlord are insufficient for that purpose and the shortfall does not result from any caps on the amount of service charge recoverable, any non-payment of service charges by other tenants or any unlet Lettable Unit; or the Landlord decides at its absolute discretion to incur service charge expenditure in one Accounting Period accounting period and recover that expenditure over two or more Accounting Periodsaccounting periods. Service Charge exclusions Costs arising from any damage or destruction to the Centre Estate caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the CentreEstate. Costs of upgrading, innovation or improvement resulting from any repair, maintenance, reinstatement, rebuilding or replacement, but this will not prevent the Landlord including costs within the Service Costs which arise: where an item is to be replaced by way of repair and the replacement is broadly the modern day or up-to-date equivalent of what was there previously; where the Landlord considers replacement to be more economical than repair (and the Landlord is entitled to take into consideration the medium/long-term benefits of replacement); where an item has to be replaced or installed to comply with any Act or the requirements of the insurers; or where replacement or renewal is reasonable and cost-effective and will reduce operating costs for the benefit of the tenants of the Lettable Units[ Units [or improve for the tenants the Environmental Performance of the CentreEstate]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the CentreEstate. Unrecovered costs due from another tenant of the CentreEstate. Costs incurred in dealing with the Landlord’s 's interest in the CentreEstate, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord’s 's interest in the Centre. [Costs incurred in running and maintaining the Car Park at the Centre where parking is charged for and the Landlord keeps the charges.]104 Weighting105Estate.
Appears in 1 contract
Samples: Lease
Service Charge disputes. If any dispute arises in connection with the Service Charge, the Landlord and the Tenant must attempt to resolve it by appropriate alternative means before resorting to court proceedings. The Service Charge Statement will (except for obvious error) become binding on the parties four months after it is delivered to the Tenant or (if later) once any dispute relating to it and arising during that period has been settled or decided.97 decided.87 Variation in the proportion of the Service Charge payable98 payable88 In calculating the [Tenant’s 's Proportion] [Service Charge] for any of the Services, the Landlord’s 's surveyor may make any adjustment that is fair and reasonable in all the circumstances, having regard to the relative degree of benefit obtained by the Tenant and other tenants at the Centre Estate from those Services, including by dividing the services and charges set out in paragraph 3 of this Part of the Schedule into separate categories and applying weighting to those categories to take into account differing uses or operating hours. If there is any change in the extent of the CentreEstate, the Landlord must, where it is appropriate to do so, vary the [Tenant’s 's Proportion] [Service Charge] as is reasonable to take account of that change but the [Tenant’s 's Proportion] [Service Charge] will not materially increase solely as a result of any change in the extent of the CentreEstate. The [Tenant’s 's Proportion] [Service Charge] must not be increased by reason only that any Lettable Units: remain unlet; are let on terms that do not require the tenant or other occupier to pay a service charge; or are let on terms that cap the liability of any tenant or other occupier for service charge. Landlord’s 's obligations Provision of Services services The Landlord, acting reasonably and in the interests of good estate management:99 management:89 [must supply the Services in an efficient manner at all appropriate times; and100 and may vary, reduce or extend those Services.] OR [must supply the Services listed in paragraphs 3.1 to 3.[Insert number] of this Part of the Schedule in an efficient manner at all appropriate times; may supply all or any of the remaining Services listed in paragraph 3 of this Part of the Schedule; and may vary, reduce or extend those Services.] Landlord’s 's rights and responsibilities The Landlord: may from time to time employ such agents, contractors or others as the Landlord decides; will not be responsible for any interruption in the supply of the Services due to any circumstances outside the Landlord’s 's control or due to any necessary maintenance, repair, replacement, renewal, servicing, inspection or testing, but must take reasonable steps to restore the supply as soon as reasonably practicable; must take into consideration the administrative, accounting, procurement, management and operational provisions of the Service Charge Code for so long as it is in effect insofar as it is:101 is:90 reasonably practicable to do so; consistent with the Landlord’s 's obligations under this Lease; and consistent with the economic and efficient management of the Centre Estate (taking into consideration all the circumstances including the terms of the leases of other Lettable Units); [;[ and] must take into consideration current practice in estate management if the Service Charge Code is no longer published[; and must net off the Centre Estate Contribution for any Accounting Period accounting period against the Service Costs for the same Accounting Periodaccounting period]. [The Landlord will take reasonable steps to notify the Tenant in advance of the service charge budget for each Accounting Period accounting period and of any material changes in the service charge budget that subsequently arise.] Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Centre and all Common Parts and Conducting Media, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the Centre, Common Parts and Conducting Media and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning any facilities (including means of access, Conducting Media, party walls and other boundary structures) used in common between the Centre Estate and any adjoining premises, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the facilities used in common and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Lighting the Common Parts. HeatingLighting, heating, [providing air-conditioning to] and ventilating any indoor amenities within the [Common Parts] [Centre] 102. Lighting the exterior of the Centre buildings on the Estate and any facilities used in common between the Centre Estate and any adjoining premises. Providing hot and cold water to, and maintaining operational supplies in, the toilets in the Common Parts. Supply Costs incurred in providing the Services. All existing and future rates, taxes, duties, charges and financial impositions charged on the Common Parts or the Centre Estate as a whole (and a fair proportion of those levied on the Centre Estate along with any adjoining premises). Providing, inspecting, maintaining (including by maintenance contracts and insurance against sudden and unforeseen breakdown), repairing, renewing, replacing, upgrading and operating: all plant, machinery, apparatus and vehicles used in providing the Services and all signage in the Common Parts; and security, fire fighting and fire detection equipment (excluding portable fire extinguishers in the Premises), fire alarm systems, public address systems, telecommunications systems, closed circuit television systems and traffic control and all other Centre Management Systemscontrol. Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Centre Estate and otherwise in connection with the Services. Providing accommodation for staff, plant, furniture, equipment and vehicles used in providing the Services, and all outgoings on them. Employing or procuring agents, contractors or others as the Landlord decides in connection with the Services. Storing, compacting, recycling and disposing of refuse. Planting, replanting and maintaining landscape features in the Common Parts. Providing customer service facilities for visitors to the Centre, including guest Wi-Fi servicesEstate. Pest and infection control. Gritting, and clearing snow from, the Common Parts. Promoting and advertising the Centre Estate and staging activities and exhibitions within the CentreEstate. Providing seasonal decorations within the CentreEstate. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the CentreEstate. Providing any further services for maintaining and securing the amenities of the CentreEstate. Managing and administering service charge accounts for the Services and the Centre Estate including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the Centre Estate and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing disabled access requirements for the Centre Estate and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing the Environmental Performance of the Centre and, Estate and where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Centre Estate from time to time. Carrying out or implementing any Recommended Improvement Measures, Operational Rating Measures or any other works or measures to implement any Action Plan in respect of all or any part of the Common Parts (or any other similar or replacement obligation) from time to time103time91. Interest costs reasonably incurred by the Landlord on borrowing from a UK clearing bank or, if the Landlord uses its own moneys, an amount equal to the interest costs that would have been incurred if the Landlord had borrowed from a UK clearing bank at reasonable commercial rates. Interest costs will be reasonably incurred under this paragraph if: the Landlord has to meet an immediate liability where the service charge funds held by the Landlord are insufficient for that purpose and the shortfall does not result from any caps on the amount of service charge recoverable, any non-payment of service charges by other tenants or any unlet Lettable Unit; or the Landlord decides at its absolute discretion to incur service charge expenditure in one Accounting Period accounting period and recover that expenditure over two or more Accounting Periodsaccounting periods. Service Charge exclusions Exclusions Costs arising from any damage or destruction to the Centre Estate caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the CentreEstate. Costs of upgrading, innovation or improvement resulting from any repair, maintenance, reinstatement, rebuilding or replacement, but this will not prevent the Landlord including costs within the Service Costs which arise: where an item is to be replaced by way of repair and the replacement is broadly the modern day or up-to-date equivalent of what was there previously; where the Landlord considers replacement to be more economical than repair (and the Landlord is entitled to take into consideration the medium/long-term benefits of replacement); where an item has to be replaced or installed to comply with any Act or the requirements of the insurers; or where replacement or renewal is reasonable and cost-effective and will reduce operating costs for the benefit of the tenants of the Lettable Units[ or improve for the tenants the Environmental Performance of the CentreEstate]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the CentreEstate. Unrecovered costs due from another tenant of the CentreEstate. Costs incurred in dealing with the Landlord’s 's interest in the CentreEstate, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord’s 's interest in the CentreEstate. [Costs incurred in running and maintaining the any Car Park at the Centre Estate where parking is charged for and the Landlord keeps the charges.]104 Weighting105charges.]92 Weighting93
Appears in 1 contract
Samples: Lease
Service Charge disputes. If any dispute arises in connection with the Service Charge, the Landlord and the Tenant must attempt to resolve it by appropriate alternative means before resorting to court proceedings. The Service Charge Statement will (except for obvious error) become binding on the parties four months after it is delivered to the Tenant or (if later) once any dispute relating to it and arising during that period has been settled or decided.97 decided.89 Variation in the proportion of the Service Charge payable98 xxxxxxx00 In calculating the [Tenant’s Proportion] [Service Charge] for any of the Services, the Landlord’s surveyor may make any adjustment that is fair and reasonable in all the circumstances, having regard to the relative degree of benefit obtained by the Tenant and other tenants at the Centre from those Services, including by dividing the services and charges set out in paragraph 3 of this Part of the Schedule into separate categories and applying weighting to those categories to take into account differing uses or operating hours. If there is any change in the extent of the Centre, the Landlord must, where it is appropriate to do so, vary the [Tenant’s Proportion] [Service Charge] as is reasonable to take account of that change but the [Tenant’s Proportion] [Service Charge] will not materially increase solely as a result of any change in the extent of the Centre. The [Tenant’s Proportion] [Service Charge] must not be increased by reason only that any Lettable Units: remain unlet; are let on terms that do not require the tenant or other occupier to pay a service charge; or are let on terms that cap the liability of any tenant or other occupier for service charge. Landlord’s obligations Provision of Services The Landlord, acting reasonably and in the interests of good estate management:99 management:91 [must supply the Services in an efficient manner at all appropriate times; and100 and may vary, reduce or extend those Services.] OR [must supply the Services listed in paragraphs 3.1 to 3.[Insert number] of this Part of the Schedule in an efficient manner at all appropriate times; may supply all or any of the remaining Services listed in paragraph 3 of this Part of the Schedule; and may vary, reduce or extend those Services.] Landlord’s rights and responsibilities The Landlord: may from time to time employ such agents, contractors or others as the Landlord decides; will not be responsible for any interruption in the supply of the Services due to any circumstances outside the Landlord’s control or due to any necessary maintenance, repair, replacement, renewal, servicing, inspection or testing, but must take reasonable steps to restore the supply as soon as reasonably practicable; must take into consideration the administrative, accounting, procurement, management and operational provisions of the Service Charge Code for so long as it is in effect insofar as it is:101 is:92 reasonably practicable to do so; consistent with the Landlord’s obligations under this Lease; and consistent with the economic and efficient management of the Centre (taking into consideration all the circumstances including the terms of the leases of other Lettable Units); [and] must take into consideration current practice in estate management if the Service Charge Code is no longer published[.] [; and and] [must net off the Centre Contribution for any Accounting Period accounting period against the Service Costs for the same Accounting Period]. accounting period.] [The Landlord will take reasonable steps to notify the Tenant in advance of the service charge budget for each Accounting Period accounting period and of any material changes in the service charge budget that subsequently arise.] Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Centre and all Common Parts and Conducting Media, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the Centre, Common Parts and Conducting Media and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning any facilities (including means of access, Conducting Media, party walls and other boundary structures) used in common between the Centre and any adjoining premises, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the facilities used in common and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Lighting the Common Parts. HeatingLighting, heating, [providing air-conditioning to] and ventilating the [Common Parts] [Centre] 102. Lighting the exterior of the Centre and any facilities used in common between the Centre and any adjoining premises. Providing hot and cold water to, and maintaining operational supplies in, the toilets in the Common Parts. Supply Costs incurred in providing the Services. All existing and future rates, taxes, duties, charges and financial impositions charged on the Common Parts or the Centre as a whole (and a fair proportion of those levied on the Centre along with any adjoining premises). Providing, inspecting, maintaining (including by maintenance contracts and insurance against sudden and unforeseen breakdown), repairing, renewing, replacing, upgrading and operating: all plant, machinery, apparatus and vehicles used in providing the Services and all signage in the Common Parts; and security, fire fighting and fire detection equipment (excluding portable fire extinguishers in the Premises), fire alarm systems, public address systems, telecommunications systems, closed circuit television systems and traffic control and all other Centre Management Systems. Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Centre and otherwise in connection with the Services. Providing accommodation for staff, plant, furniture, equipment and vehicles used in providing the Services, and all outgoings on them. Employing or procuring agents, contractors or others as the Landlord decides in connection with the Services. Storing, compacting, recycling and disposing of refuse. Planting, replanting and maintaining landscape features in the Common Parts. Providing customer service facilities for visitors to the Centre, including guest Wi-Fi services. Pest and infection control. Gritting, and clearing snow from, the Common Parts. Promoting and advertising the Centre and staging activities and exhibitions within the Centre. Providing seasonal decorations within the Centre. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the Centre. Providing any further services for maintaining and securing the amenities of the Centre. Managing and administering service charge accounts for the Services and the Centre including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the Centre and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing disabled access requirements for the Centre and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing the Environmental Performance of the Centre and, and where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Centre from time to time. Carrying out or implementing any Recommended Improvement Measures, Operational Rating Measures or any other works or measures to implement any Action Plan (or any other similar or replacement obligation) from time to time103time93. Interest costs reasonably incurred by the Landlord on borrowing from a UK clearing bank or, if the Landlord uses its own moneys, an amount equal to the interest costs that would have been incurred if the Landlord had borrowed from a UK clearing bank at reasonable commercial rates. Interest costs will be reasonably incurred under this paragraph if: the Landlord has to meet an immediate liability where the service charge funds held by the Landlord are insufficient for that purpose and the shortfall does not result from any caps on the amount of service charge recoverable, any non-payment of service charges by other tenants or any unlet Lettable Unit; or the Landlord decides at its absolute discretion to incur service charge expenditure in one Accounting Period accounting period and recover that expenditure over two or more Accounting Periods. Service Charge exclusions Costs arising from any damage or destruction to the Centre caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Centre. Costs of upgrading, innovation or improvement resulting from any repair, maintenance, reinstatement, rebuilding or replacement, but this will not prevent the Landlord including costs within the Service Costs which arise: where an item is to be replaced by way of repair and the replacement is broadly the modern day or up-to-date equivalent of what was there previously; where the Landlord considers replacement to be more economical than repair (and the Landlord is entitled to take into consideration the medium/long-term benefits of replacement); where an item has to be replaced or installed to comply with any Act or the requirements of the insurers; or where replacement or renewal is reasonable and cost-effective and will reduce operating costs for the benefit of the tenants of the Lettable Units[ or improve for the tenants the Environmental Performance of the Centre]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Centre. Unrecovered costs due from another tenant of the Centre. Costs incurred in dealing with the Landlord’s interest in the Centre, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord’s interest in the Centre. [Costs incurred in running and maintaining the Car Park at the Centre where parking is charged for and the Landlord keeps the charges.]104 Weighting105accounting periods.
Appears in 1 contract
Samples: Lease
Service Charge disputes. If any dispute arises in connection with the Service Charge, the Landlord and the Tenant must attempt to resolve it by appropriate alternative means before resorting to court proceedings. The Except in relation to obvious errors, the Tenant must not raise any dispute in connection with the Service Charge Statement will (except for obvious error) become binding on the parties more than four months after it is the Service Charge Statement has been delivered to the Tenant or (if later) once any dispute relating to it and arising during that period has been settled or decided.97 Tenant.95 Variation in the proportion of the Service Charge payable98 payable96 In calculating the [Tenant’s 's Proportion] [Service Charge] for any of the Services, the Landlord’s 's surveyor may make any adjustment that is fair and reasonable in all the circumstances, having regard to taking into consideration the relative degree of benefit obtained by the Tenant and other tenants at the Centre Estate from those Services, including by dividing the services and charges set out in paragraph 3 of this Part of the Schedule Services into separate categories and applying weighting to those categories to take into account differing uses or operating hourshours or other relevant factors. If there is any change in the extent of the CentreEstate, the Landlord must, where it is appropriate to do so, vary the [Tenant’s 's Proportion] [Service Charge] as is reasonable to take account of that change but the [Tenant’s 's Proportion] [Service Charge] will not materially increase solely as a result of any change in the extent of the CentreEstate. The [Tenant’s 's Proportion] [Service Charge] must not be increased by reason only that any Lettable Units: remain are or have been unlet; are let on terms that do not require the tenant or other occupier to pay a service charge; or are let on terms that cap the liability of any tenant or other occupier for service charge. Landlord’s obligations Provision of Services The Landlord, acting reasonably and in the interests of good estate management:99 [must supply the Services in an efficient manner at all appropriate times; and100 may vary, reduce or extend those Services.] OR [must supply the Services listed in paragraphs 3.1 to 3.[Insert number] of this Part of the Schedule in an efficient manner at all appropriate times; may supply all or any of the remaining Services listed in paragraph 3 of this Part of the Schedule; and may vary, reduce or extend those Services.] Landlord’s rights and responsibilities The Landlord: may from time to time employ such agents, contractors or others as the Landlord decides; will not be responsible for any interruption in the supply of the Services due to any circumstances outside the Landlord’s control or due to any necessary maintenance, repair, replacement, renewal, servicing, inspection or testing, but must take reasonable steps to restore the supply as soon as reasonably practicable; must take into consideration the administrative, accounting, procurement, management and operational provisions of the Service Charge Code for so long as it is in effect insofar as it is:101 reasonably practicable to do so; consistent with the Landlord’s obligations under this Lease; and consistent with the economic and efficient management of the Centre (taking into consideration all the circumstances including the terms of the leases of other Lettable Units); [and] must take into consideration current practice in estate management if the Service Charge Code is no longer published[; and must net off the Centre Contribution for any Accounting Period against the Service Costs for the same Accounting Period]. [The Landlord will take reasonable steps to notify the Tenant in advance of the service charge budget for each Accounting Period and of any material changes in the service charge budget that subsequently arise.] Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Centre and all Common Parts and Conducting Media, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the Centre, Common Parts and Conducting Media and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning any facilities (including means of access, Conducting Media, party walls and other boundary structures) used in common between the Centre and any adjoining premises, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the facilities used in common and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Lighting the Common Parts. Heating, [providing air-conditioning to] and ventilating the [Common Parts] [Centre] 102. Lighting the exterior of the Centre and any facilities used in common between the Centre and any adjoining premises. Providing hot and cold water to, and maintaining operational supplies in, the toilets in the Common Parts. Supply Costs incurred in providing the Services. All existing and future rates, taxes, duties, charges and financial impositions charged on the Common Parts or the Centre as a whole (and a fair proportion of those levied on the Centre along with any adjoining premises). Providing, inspecting, maintaining (including by maintenance contracts and insurance against sudden and unforeseen breakdown), repairing, renewing, replacing, upgrading and operating: all plant, machinery, apparatus and vehicles used in providing the Services and all signage in the Common Parts; and security, fire fighting and fire detection equipment (excluding portable fire extinguishers in the Premises), fire alarm systems, public address systems, telecommunications systems, closed circuit television systems and traffic control and all other Centre Management Systems. Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Centre and otherwise in connection with the Services. Providing accommodation for staff, plant, furniture, equipment and vehicles used in providing the Services, and all outgoings on them. Employing or procuring agents, contractors or others as the Landlord decides in connection with the Services. Storing, compacting, recycling and disposing of refuse. Planting, replanting and maintaining landscape features in the Common Parts. Providing customer service facilities for visitors to the Centre, including guest Wi-Fi services. Pest and infection control. Gritting, and clearing snow from, the Common Parts. Promoting and advertising the Centre and staging activities and exhibitions within the Centre. Providing seasonal decorations within the Centre. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the Centre. Providing any further services for maintaining and securing the amenities of the Centre. Managing and administering service charge accounts for the Services and the Centre including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the Centre and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing disabled access requirements for the Centre and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing the Environmental Performance of the Centre and, where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Centre from time to time. Carrying out or implementing any Recommended Improvement Measures, Operational Rating Measures or any other works or measures to implement any Action Plan (or any other similar or replacement obligation) from time to time103. Interest costs reasonably incurred by the Landlord on borrowing from a UK clearing bank or, if the Landlord uses its own moneys, an amount equal to the interest costs that would have been incurred if the Landlord had borrowed from a UK clearing bank at reasonable commercial rates. Interest costs will be reasonably incurred under this paragraph if: the Landlord has to meet an immediate liability where the service charge funds held by the Landlord are insufficient for that purpose and the shortfall does not result from any caps on the amount of service charge recoverable, any non-payment of service charges by other tenants or any unlet Lettable Unit; or the Landlord decides at its absolute discretion to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Charge exclusions Costs arising from any damage or destruction to the Centre caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Centre. Costs of upgrading, innovation or improvement resulting from any repair, maintenance, reinstatement, rebuilding or replacement, but this will not prevent the Landlord including costs within the Service Costs which arise: where an item is to be replaced by way of repair and the replacement is broadly the modern day or up-to-date equivalent of what was there previously; where the Landlord considers replacement to be more economical than repair (and the Landlord is entitled to take into consideration the medium/long-term benefits of replacement); where an item has to be replaced or installed to comply with any Act or the requirements of the insurers; or where replacement or renewal is reasonable and cost-effective and will reduce operating costs for the benefit of the tenants of the Lettable Units[ or improve for the tenants the Environmental Performance of the Centre]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Centre. Unrecovered costs due from another tenant of the Centre. Costs incurred in dealing with the Landlord’s interest in the Centre, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord’s interest in the Centre. [Costs incurred in running and maintaining the Car Park at the Centre where parking is charged for and the Landlord keeps the charges.]104 Weighting105's obligations
Appears in 1 contract
Samples: Lease
Service Charge disputes. If any dispute arises in connection with the Service Charge, the Landlord and the Tenant must attempt to resolve it by appropriate alternative means before resorting to court proceedings. The Service Charge Statement will (except for obvious error) become binding on the parties four months after it is delivered to the Tenant or (if later) once any dispute relating to it and arising during that period has been settled or decided.97 decided.88 Variation in the proportion of the Service Charge payable98 payable In calculating the [Tenant’s Proportion] [Service Charge] Charge for any of the Services, the Landlord’s 's surveyor may make any adjustment that is fair and reasonable in all the circumstances, having regard to the relative degree of benefit obtained by the Tenant and other tenants at the Centre Building or the Estate from those Services, including by dividing the services and charges set out in paragraph 3 3. and paragraph 5. of this Part of the Schedule into separate categories and applying weighting to those categories to take into account differing uses or operating hours. If there is any change in the extent of the CentreBuilding or the Estate, the Landlord must, where it is appropriate to do so, vary the [Tenant’s Proportion] [Service Charge] Charge as is reasonable to take account of that change but the [Tenant’s Proportion] [Service Charge] Charge will not materially increase solely as a result of any change in the extent of the CentreBuilding or the Estate. The [Tenant’s Proportion] [Service Charge] Charge must not be increased by reason only that any Lettable Units: remain unlet; are let on terms that do not require the tenant or other occupier to pay a service charge; or are let on terms that cap the liability of any tenant or other occupier for service charge. Landlord’s 's obligations Provision of Services The Landlord, acting reasonably and in the interests of good estate management:99 management:89 [must supply the Services in an efficient manner at all appropriate times; and100 and may vary, reduce or extend those Services.] OR [must supply the Services listed in paragraphs 3.1 to 3.[Insert 3. [Insert number] of this Part of the Schedule and in paragraphs 5.1 to 5. [Insert number] of this Part of the Schedule in an efficient manner at all appropriate times; may supply all or any of the remaining Services listed in paragraph 3 3. and paragraph 5. of this Part of the Schedule; and may vary, reduce or extend those Services.] Landlord’s 's rights and responsibilities The Landlord: may from time to time employ such agents, contractors or others as the Landlord decides; must not include expenditure in the Building Service Costs to the extent that it has already been included in the Estate Service Costs or vice versa; will not be responsible for any interruption in the supply of the Services due to any circumstances outside the Landlord’s 's control or due to any necessary maintenance, repair, replacement, renewal, servicing, inspection or testing, but must take reasonable steps to restore the supply as soon as reasonably practicable; [and] must take into consideration the administrative, accounting, procurement, management and operational provisions of the Service Charge Code for so long as it is in effect insofar as it is:101 is:90 reasonably practicable to do so; consistent with the Landlord’s 's obligations under this Lease; and consistent with the economic and efficient management of the Centre Building and the Estate (taking into consideration all the circumstances including the terms of the leases of other Lettable Units); [and] and must take into consideration current practice in estate management if the Service Charge Code is no longer published[; and must net off the Centre Contribution for any Accounting Period against the Service Costs for the same Accounting Period]. [The Landlord will take reasonable steps to notify the Tenant in advance of the service charge budget for each Accounting Period accounting period and of any material changes in the service charge budget that subsequently arise.] Building Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Centre Building and all Building Common Parts and Conducting Media, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the Centre, Common Parts and Conducting Media and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning any facilities (including means of access, Conducting Media, party walls and other boundary structures) used in common between the Centre Building and any adjoining premises, including both ordinary and extraordinary repairs and regardless . The costs of (1) cleaning [the age or state surfaces of dilapidation any atrium facing onto the Building Common Parts and] the external surfaces of the window and window frames in the Building and providing and maintaining plant, facilities used in common and (2) the cause of damageequipment for these purposes. Lighting, deterioration or destruction even if the cause is a latent or inherent defect. Lighting the Common Parts. Heatingheating, [providing air-conditioning to] and ventilating the [Building Common Parts] [Centre] 102. Lighting the exterior of the Centre Building and any facilities used in common between the Centre Building and any adjoining premises. Providing hot and cold water to, and maintaining operational supplies in, the toilets in the Building Common Parts. Supply Costs incurred in providing the Building Services. All existing and future rates, taxes, duties, charges and financial impositions charged on the Building Common Parts or the Centre Building as a whole (and a fair proportion of those levied on the Centre Building along with any adjoining premises). Providing, inspecting, maintaining (including by maintenance contracts and insurance against sudden and unforeseen breakdown), repairing, renewing, replacing, upgrading and operating: all plant, machinery, apparatus and vehicles used in providing the Building Services and all signage in the Building Common Parts; and security, fire fighting and fire detection equipment (excluding portable fire extinguishers in the Premises), fire alarm systems, public address systems, telecommunications systems, closed circuit television systems and traffic control and all other Centre Building Management Systems. Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Centre Building and otherwise in connection with the Building Services. Providing accommodation for staff, plant, furniture, equipment and vehicles used in providing the Building Services, and all outgoings on them. Employing or procuring agents, contractors or others as the Landlord decides in connection with the Building Services. Storing, compacting, recycling and disposing of refuse. Planting, replanting and maintaining landscape features in the Building Common Parts. Providing, cleaning and renewing carpeting in the Building Common Parts. Providing customer service facilities for visitors to the Centre, including guest Wi-Fi servicesBuilding. Pest and infection control. Gritting, and clearing snow from, the Building Common Parts. Promoting and advertising the Centre and staging activities and exhibitions within the Centre. Providing seasonal decorations within the CentreBuilding. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the CentreBuilding. Providing any further services for maintaining and securing the amenities of the CentreBuilding. Managing and administering service charge accounts for the Building Services and the Centre Building including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the Centre Building and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing disabled access requirements for the Centre Building and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing the Environmental Performance of the Centre and, Building and where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Centre Building from time to time. Carrying out or implementing any Recommended Improvement Measures, Operational Rating Measures or any other works or measures to implement any Action Plan relating to all or any part of the Building (or any other similar or replacement obligation) from time to time103time91. Interest costs reasonably incurred by the Landlord on borrowing from a UK clearing bank or, if the Landlord uses its own moneys, an amount equal to the interest costs that would have been incurred if the Landlord had borrowed from a UK clearing bank at reasonable commercial rates. Interest costs will be reasonably incurred under this paragraph if: the Landlord has to meet an immediate liability where the service charge funds held by the Landlord are insufficient for that purpose and the shortfall does not result from any caps on the amount of service charge recoverable, any non-payment of service charges by other tenants or any unlet Lettable UnitUnit in the Building; or the Landlord decides at its absolute discretion to incur service charge expenditure in one Accounting Period accounting period and recover that expenditure over two or more Accounting Periodsaccounting periods. Building Service Charge exclusions Costs arising from any damage or destruction to the Centre Building caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the CentreBuilding. Costs of upgrading, innovation or improvement resulting from any repair, maintenance, reinstatement, rebuilding or replacement, but this will not prevent the Landlord including costs within the Building Service Costs which arise: where an item is to be replaced by way of repair and the replacement is broadly the modern day or up-to-date equivalent of what was there previously; where the Landlord considers replacement to be more economical than repair (and the Landlord is entitled to take into consideration the medium/long-term benefits of replacement); where an item has to be replaced or installed to comply with any Act or the requirements of the insurers; or where replacement or renewal is reasonable and cost-effective and will reduce operating costs for the benefit of the tenants of the Lettable Units[ Units [or improve for the tenants the Environmental Performance of the CentreBuilding]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the CentreBuilding. Unrecovered costs due from another tenant of the CentreBuilding. Costs incurred in dealing with the Landlord’s 's interest in the CentreBuilding, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord’s 's interest in the CentreBuilding. [Estate Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the Estate Common Parts and Conducting Media. Repairing (and as necessary renewing, rebuilding, and replacing), decorating, maintaining, and cleaning any facilities (including means of access, Conducting Media, party walls and other boundary structures) used in common between the Estate and any adjoining premises. Lighting the Estate Common Parts and any facilities used in common between the Estate and any adjoining premises. Providing hot and cold water to, and maintaining operational supplies in, any toilets in the Estate Common Parts. All existing and future rates, taxes, duties, charges and financial impositions charged on the Estate Common Parts or the Estate as a whole (and a fair proportion of those levied on the Estate along with any adjoining premises). Supply costs incurred in providing the Estate Services. Providing, inspecting, maintaining (including by maintenance contracts and insurance against sudden and unforeseen breakdown), repairing, renewing, replacing, upgrading and operating: all plant, machinery, apparatus and vehicles used in providing the Estate Services and all signage in the Estate Common Parts; and security, fire fighting and fire detection equipment (excluding portable fire extinguishers in the Premises), fire alarm systems, public address systems, telecommunications systems, closed circuit television systems and traffic control. Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Estate and otherwise in connection with the Estate Services. Providing accommodation for staff, plant, furniture, equipment and vehicles used in providing the Estate Services, and all outgoings on them. Employing or procuring agents, contractors or others as the Landlord decides in connection with the Estate Services. Storing, compacting, recycling and disposing of refuse. Planting, replanting and maintaining landscape features in the Estate Common Parts. Providing facilities for visitors to the Estate. Pest and infection control. Gritting, and clearing snow from, the Estate Common Parts. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the Estate. Providing any further services for maintaining and securing the amenities of the Estate. Managing and administering service charge accounts for the Estate Services and the Estate including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the Estate and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing disabled access requirements for the Estate and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing the Environmental Performance of the Estate and, where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Estate from time to time. Carrying out or implementing any Recommended Improvement Measures, Operational Rating Measures or any other works or measures to implement any Action Plan in respect of the all or any part of the Estate Common Parts (or any other similar or replacement obligation) from time to time92 Interest costs reasonably incurred by the Landlord on borrowing from a UK clearing bank or, if the Landlord uses its own moneys, an amount equal to the interest costs that would have been incurred if the Landlord had borrowed from a UK clearing bank at reasonable commercial rates. Interest costs will be reasonably incurred under this paragraph if: the Landlord has to meet an immediate liability where the service charge funds held by the Landlord are insufficient for that purpose and the shortfall does not result from any caps on the amount of service charge recoverable, any non-payment of service charges by other tenants or any unlet building on the Estate; or the Landlord decides at its absolute discretion to incur service charge expenditure in one accounting period and recover that expenditure over two or more accounting periods Estate Service Charge exclusions Costs arising from any damage or destruction to the Estate caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Estate. Costs of upgrading, innovation or improvement resulting from any repair, maintenance, reinstatement, rebuilding or replacement, but this will not prevent the Landlord including costs within the Estate Service Costs where they arise: where an item is to be replaced by way of repair and the replacement is broadly the modern day or up-to-date equivalent of what was there previously; where the Landlord considers replacement to be more economical than repair (and the Landlord is entitled to take into consideration the medium/long-term benefits of replacement) where an item has to be replaced or installed to comply with any Act or the requirements of the Insurers; or where replacement or renewal is reasonable and cost-effective and will reduce operating costs for the benefit of the tenants of the Lettable Units or improve the Environmental Performance of the Estate. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in running and maintaining the Car Park dealing with any lettings or rent reviews at the Centre where parking is charged for Estate. Unrecovered costs due from another tenant of the Estate. Costs incurred in dealing with the Landlord's interest in the Estate, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord keeps Landlord's interest in the charges.]104 Weighting105Estate. Part 5
Appears in 1 contract
Samples: Lease
Service Charge disputes. If any dispute arises in connection with the Service Charge, the Landlord and the Tenant must attempt to resolve it by appropriate alternative means before resorting to court proceedings. The Service Charge Statement will (except for obvious error) become binding on the parties four months after it is delivered to the Tenant or (if later) once any dispute relating to it and arising during that period has been settled or decided.97 decided.81 Variation in the proportion of the Service Charge payable98 payable In calculating the [Tenant’s Proportion] [Service Charge] Charge for any of the Services, the Landlord’s 's surveyor may make any adjustment that is fair and reasonable in all the circumstances, having regard to the relative degree of benefit obtained by the Tenant and other tenants at the Centre Building from those Services, including by dividing the services and charges set out in paragraph 3 36 of this Part of the Schedule into separate categories and applying weighting to those categories to take into account differing uses or operating hours. If there is any change in the extent of the CentreBuilding, the Landlord must, where it is appropriate to do so, vary the [Tenant’s Proportion] [Service Charge] Charge as is reasonable to take account of that change but the [Tenant’s Proportion] [Service Charge] Charge will not materially increase solely as a result of any change in the extent of the CentreBuilding. The [Tenant’s Proportion] [Service Charge] Charge must not be increased by reason only that any Lettable Units: remain unlet; are let on terms that do not require the tenant or other occupier to pay a service charge; or are let on terms that cap the liability of any tenant or other occupier for service charge. Landlord’s 's obligations Provision of Services The Landlord, acting reasonably and in the interests of good estate management:99 management:82 [must supply the Services in an efficient manner at all appropriate times; and100 and may vary, reduce or extend those Services.] OR [must supply the Services listed in paragraphs 3.1 36.1 to 3.[Insert number] of this Part of the Schedule in an efficient manner at all appropriate times; may supply all or any of the remaining Services listed in paragraph 3 36 of this Part of the Schedule; and may vary, reduce or extend those Services.] Landlord’s 's rights and responsibilities The Landlord: may from time to time employ such agents, contractors or others as the Landlord decides; will not be responsible for any interruption in the supply of the Services due to any circumstances outside the Landlord’s control or due to any necessary maintenance, repair, replacement, renewal, servicing, inspection or testing, but must take reasonable steps to restore the supply as soon as reasonably practicable; [and] must take into consideration the administrative, accounting, procurement, management and operational provisions of the Service Charge Code for so long as it is in effect insofar as it is:101 is:83 reasonably practicable to do so; consistent with the Landlord’s 's obligations under this Lease; and consistent with the economic and efficient management of the Centre Building (taking into consideration all the circumstances including the terms of the leases of other Lettable Units); [and] and must take into consideration current practice in estate management if the Service Charge Code is no longer published[; and must net off the Centre Contribution for any Accounting Period against the Service Costs for the same Accounting Period]. [The Landlord will take reasonable steps to notify the Tenant in advance of the service charge budget for each Accounting Period accounting period and of any material changes in the service charge budget that subsequently arise.] Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Centre Building and all Common Parts and Conducting Media, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the Centre, Common Parts and Conducting Media and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning any facilities (including means of access, Conducting Media, party walls and other boundary structures) used in common between the Centre Building and any adjoining premises, including both ordinary and extraordinary repairs and regardless . The costs of (1) cleaning [the age or state surfaces of dilapidation any atrium facing onto the Common Parts and] the external surfaces of the window and window frames in the Building and providing and maintaining plant, facilities used in common and (2) the cause of damageequipment for these purposes. Lighting, deterioration or destruction even if the cause is a latent or inherent defect. Lighting the Common Parts. Heatingheating, [providing air-conditioning to] and ventilating the [Common Parts] [Centre] 102. Lighting the exterior of the Centre Building and any facilities used in common between the Centre Building and any adjoining premises. Providing hot and cold water to, and maintaining operational supplies in, the toilets in the Common Parts. Supply Costs incurred in providing the Services. All existing and future rates, taxes, duties, charges and financial impositions charged on the Common Parts or the Centre Building as a whole (and a fair proportion of those levied on the Centre Building along with any adjoining premises). Providing, inspecting, maintaining (including by maintenance contracts and insurance against sudden and unforeseen breakdown), repairing, renewing, replacing, upgrading and operating: all plant, machinery, apparatus and vehicles used in providing the Services and all signage in the Common Parts; and security, fire fighting and fire detection equipment (excluding portable fire extinguishers in the Premises), fire alarm systems, public address systems, telecommunications systems, closed circuit television systems and traffic control and all other Centre Building Management Systems. Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Centre Building and otherwise in connection with the Services. Providing accommodation for staff, plant, furniture, equipment and vehicles used in providing the Services, and all outgoings on them. Employing or procuring agents, contractors or others as the Landlord decides in connection with the Services. Storing, compacting, recycling and disposing of refuse. Planting, replanting and maintaining landscape features in the Common Parts. Providing, cleaning and renewing carpeting in the Common Parts. Providing customer service facilities for visitors to the Centre, including guest Wi-Fi servicesBuilding. Pest and infection control. Gritting, and clearing snow from, the Common Parts. Promoting and advertising the Centre and staging activities and exhibitions within the Centre. Providing seasonal decorations within the CentreBuilding. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the CentreBuilding. Providing any further services for maintaining and securing the amenities of the CentreBuilding. Managing and administering service charge accounts for the Services and the Centre Building including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the Centre Building and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing disabled access requirements for the Centre Building and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing the Environmental Performance of the Centre and, Building and where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Centre Building from time to time. Carrying out or implementing any Recommended Improvement Measures, Operational Rating Measures or any other works or measures to implement any Action Plan (or any other similar or replacement obligation) from time to time103time84. Interest costs reasonably incurred by the Landlord on borrowing from a UK clearing bank or, if the Landlord uses its own moneys, an amount equal to the interest costs that would have been incurred if the Landlord had borrowed from a UK clearing bank at reasonable commercial rates. Interest costs will be reasonably incurred under this paragraph if: the Landlord has to meet an immediate liability where the service charge funds held by the Landlord are insufficient for that purpose and the shortfall does not result from any caps on the amount of service charge recoverable, any non-payment of service charges by other tenants or any unlet Lettable Unit; or the Landlord decides at its absolute discretion to incur service charge expenditure in one Accounting Period accounting period and recover that expenditure over two or more Accounting Periodsaccounting periods. Service Charge exclusions Costs arising from any damage or destruction to the Centre Building caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the CentreBuilding. Costs of upgrading, innovation or improvement resulting from any repair, maintenance, reinstatement, rebuilding or replacement, but this will not prevent the Landlord including costs within the Service Costs which arise: where an item is to be replaced by way of repair and the replacement is broadly the modern day or up-to-date equivalent of what was there previously; where the Landlord considers replacement to be more economical than repair (and the Landlord is entitled to take into consideration the medium/long-term benefits of replacement); where an item has to be replaced or installed to comply with any Act or the requirements of the insurers; or where replacement or renewal is reasonable and cost-effective and will reduce operating costs for the benefit of the tenants of the Lettable Units[ Units [or improve for the tenants the Environmental Performance of the CentreBuilding]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the CentreBuilding. Unrecovered costs due from another tenant of the CentreBuilding. Costs incurred in dealing with the Landlord’s 's interest in the CentreBuilding, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord’s 's interest in the Centre. [Costs incurred in running and maintaining the Car Park at the Centre where parking is charged for and the Landlord keeps the charges.]104 Weighting105Building.
Appears in 1 contract
Samples: Lease
Service Charge disputes. If any dispute arises in connection with the Service Charge, the Landlord and the Tenant must attempt to resolve it by appropriate alternative means before resorting to court proceedings. The Service Charge Statement will (except for obvious error) become binding on the parties four months after it is delivered to the Tenant or (if later) once any dispute relating to it and arising during that period has been settled or decided.97 decided.96 Variation in the proportion of the Service Charge payable98 payable97 In calculating the [Tenant’s 's Proportion] [Service Charge] for any of the Services, the Landlord’s 's surveyor may make any adjustment that is fair and reasonable in all the circumstances, having regard to the relative degree of benefit obtained by the Tenant and other tenants at the Centre Estate from those Services, including by dividing the services and charges set out in paragraph 3 of this Part of the Schedule into separate categories and applying weighting to those categories to take into account differing uses or operating hours. If there is any change in the extent of the CentreEstate, the Landlord must, where it is appropriate to do so, vary the [Tenant’s 's Proportion] [Service Charge] as is reasonable to take account of that change but the [Tenant’s 's Proportion] [Service Charge] will not materially increase solely as a result of any change in the extent of the CentreEstate. The [Tenant’s 's Proportion] [Service Charge] must not be increased by reason only that any Lettable Units: remain unlet; are let on terms that do not require the tenant or other occupier to pay a service charge; or are let on terms that cap the liability of any tenant or other occupier for service charge. Landlord’s 's obligations Provision of Services The Landlord, acting reasonably and in the interests of good estate management:99 management:98 [must supply the Services in an efficient manner at all appropriate times; and100 and99 may vary, reduce or extend those Services.] OR [must supply the Services listed in paragraphs 3.1 to 3.[Insert number] of this Part of the Schedule in an efficient manner at all appropriate times; may supply all or any of the remaining Services listed in paragraph 3 of this Part of the Schedule; and may vary, reduce or extend those Services.] Landlord’s 's rights and responsibilities The Landlord: may from time to time employ such agents, contractors or others as the Landlord decides; will not be responsible for any interruption in the supply of the Services due to any circumstances outside the Landlord’s 's control or due to any necessary maintenance, repair, replacement, renewal, servicing, inspection or testing, but must take reasonable steps to restore the supply as soon as reasonably practicable; must take into consideration the administrative, accounting, procurement, management and operational provisions of the Service Charge Code for so long as it is in effect insofar as it is:101 is:100 reasonably practicable to do so; consistent with the Landlord’s 's obligations under this Lease; and consistent with the economic and efficient management of the Centre Estate (taking into consideration all the circumstances including the terms of the leases of other Lettable Units); [;[ and] must take into consideration current practice in estate management if the Service Charge Code is no longer published[; and must net off the Centre Estate Contribution for any Accounting Period against the Service Costs for the same Accounting Period]. [The Landlord will take reasonable steps to notify the Tenant in advance of the service charge budget for each Accounting Period and of any material changes in the service charge budget that subsequently arise.] Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Centre and all Common Parts and Conducting Media, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the Centre, Common Parts and Conducting Media and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning any facilities (including means of access, Conducting Media, party walls and other boundary structures) used in common between the Centre Estate and any adjoining premises, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the facilities used in common and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Lighting the Common Parts. Heating, [providing air-conditioning to] and ventilating any [indoor amenities within the [Common Parts] [Centre] 102buildings on the Estate]101. Lighting the exterior of the Centre buildings on the Estate and any facilities used in common between the Centre Estate and any adjoining premises. Providing hot and cold water to, and maintaining operational supplies in, the toilets in the Common Parts. Supply Costs incurred in providing the Services. All existing and future rates, taxes, duties, charges and financial impositions charged on the Common Parts or the Centre Estate as a whole (and a fair proportion of those levied on the Centre Estate along with any adjoining premises). Providing, inspecting, maintaining (including by maintenance contracts and insurance against sudden and unforeseen breakdown), repairing, renewing, replacing, upgrading and operating: all plant, machinery, apparatus and vehicles used in providing the Services and all signage in the Common Parts; and security, fire fighting and fire detection equipment (excluding portable fire extinguishers in the Premises), fire alarm systems, public address systems, telecommunications systems, closed circuit television systems and traffic control and all other Centre Management Systemscontrol. Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Centre Estate and otherwise in connection with the Services. Providing accommodation for staff, plant, furniture, equipment and vehicles used in providing the Services, and all outgoings on them. Employing or procuring agents, contractors or others as the Landlord decides in connection with the Services. Storing, compacting, recycling and disposing of refuse. Planting, replanting and maintaining landscape features in the Common Parts. Providing customer service facilities for visitors to the CentreEstate, including guest Wi-Fi services. Pest and infection control. Gritting, and clearing snow from, the Common Parts. Promoting and advertising the Centre Estate and staging activities and exhibitions within the CentreEstate. Providing seasonal decorations within the CentreEstate. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the CentreEstate. Providing any further services for maintaining and securing the amenities of the CentreEstate. Managing and administering service charge accounts for the Services and the Centre Estate including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the Centre Estate and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing disabled access requirements for the Centre Estate and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing the Environmental Performance of the Centre Estate and, where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Centre Estate from time to time. Carrying out or implementing any Recommended Improvement Measures, Operational Rating Measures or any other works or measures to implement any Action Plan in respect of all or any part of the Common Parts (or any other similar or replacement obligation) from time to time103. time.102 Interest costs reasonably incurred by the Landlord on borrowing from a UK clearing bank or, if the Landlord uses its own moneys, an amount equal to the interest costs that would have been incurred if the Landlord had borrowed from a UK clearing bank at reasonable commercial rates. Interest costs will be reasonably incurred under this paragraph if: the Landlord has to meet an immediate liability where the service charge funds held by the Landlord are insufficient for that purpose and the shortfall does not result from any caps on the amount of service charge recoverable, any non-payment of service charges by other tenants or any unlet Lettable Unit; or the Landlord decides at its absolute discretion to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Charge exclusions Costs arising from any damage or destruction to the Centre Estate caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the CentreEstate. Costs of upgrading, innovation or improvement resulting from any repair, maintenance, reinstatement, rebuilding or replacement, but this will not prevent the Landlord including costs within the Service Costs which arise: where an item is to be replaced by way of repair and the replacement is broadly the modern day or up-to-date equivalent of what was there previously; where the Landlord considers replacement to be more economical than repair (and the Landlord is entitled to take into consideration the medium/long-term benefits of replacement); where an item has to be replaced or installed to comply with any Act or the requirements of the insurers; or where replacement or renewal is reasonable and cost-effective and will reduce operating costs for the benefit of the tenants of the Lettable Units[ or improve for the tenants the Environmental Performance of the CentreEstate]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the CentreEstate. Unrecovered costs due from another tenant of the CentreEstate. Costs incurred in dealing with the Landlord’s 's interest in the CentreEstate, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord’s 's interest in the CentreEstate. [Costs incurred in running and maintaining the Car Park at the Centre Estate where parking is charged for and the Landlord keeps the charges.]104 Weighting105charges.]103 Weighting104
Appears in 1 contract
Samples: Lease
Service Charge disputes. If any dispute arises in connection with the Service Charge, the Landlord and the Tenant must attempt to resolve it by appropriate alternative means before resorting to court proceedings. The Except in relation to obvious errors, the Tenant must not raise any dispute in connection with the Service Charge Statement will (except for obvious error) become binding on the parties more than four months after it is the Service Charge Statement has been delivered to the Tenant or (if later) once any dispute relating to it and arising during that period has been settled or decided.97 Tenant.100 Variation in the proportion of the Service Charge payable98 payable101 In calculating the [Tenant’s 's Proportion] [Service Charge] for any of the Services, the Landlord’s 's surveyor may make any adjustment that is fair and reasonable in all the circumstances, having regard to taking into consideration the relative degree of benefit obtained by the Tenant and other tenants at the Centre Building or the Estate from those Services, including by dividing the services and charges set out in paragraph 3 of this Part of the Schedule Services into separate categories and applying weighting to those categories to take into account differing uses or operating hourshours or other relevant factors. If there is any change in the extent of the CentreBuilding or the Estate, the Landlord must, where it is appropriate to do so, vary the [Tenant’s 's Proportion] [Service Charge] as is reasonable to take account of that change but the [Tenant’s 's Proportion] [Service Charge] will not materially increase solely as a result of any change in the extent of the CentreBuilding or the Estate. The [Tenant’s 's Proportion] [Service Charge] must not be increased by reason only that any Lettable Units: remain are or have been unlet; are let on terms that do not require the tenant or other occupier to pay a service charge; or are let on terms that cap the liability of any tenant or other occupier for service charge. Landlord’s obligations Provision of Services The Landlord, acting reasonably and in the interests of good estate management:99 [must supply the Services in an efficient manner at all appropriate times; and100 may vary, reduce or extend those Services.] OR [must supply the Services listed in paragraphs 3.1 to 3.[Insert number] of this Part of the Schedule in an efficient manner at all appropriate times; may supply all or any of the remaining Services listed in paragraph 3 of this Part of the Schedule; and may vary, reduce or extend those Services.] Landlord’s rights and responsibilities The Landlord: may from time to time employ such agents, contractors or others as the Landlord decides; will not be responsible for any interruption in the supply of the Services due to any circumstances outside the Landlord’s control or due to any necessary maintenance, repair, replacement, renewal, servicing, inspection or testing, but must take reasonable steps to restore the supply as soon as reasonably practicable; must take into consideration the administrative, accounting, procurement, management and operational provisions of the Service Charge Code for so long as it is in effect insofar as it is:101 reasonably practicable to do so; consistent with the Landlord’s obligations under this Lease; and consistent with the economic and efficient management of the Centre (taking into consideration all the circumstances including the terms of the leases of other Lettable Units); [and] must take into consideration current practice in estate management if the Service Charge Code is no longer published[; and must net off the Centre Contribution for any Accounting Period against the Service Costs for the same Accounting Period]. [The Landlord will take reasonable steps to notify the Tenant in advance of the service charge budget for each Accounting Period and of any material changes in the service charge budget that subsequently arise.] Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Centre and all Common Parts and Conducting Media, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the Centre, Common Parts and Conducting Media and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning any facilities (including means of access, Conducting Media, party walls and other boundary structures) used in common between the Centre and any adjoining premises, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the facilities used in common and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Lighting the Common Parts. Heating, [providing air-conditioning to] and ventilating the [Common Parts] [Centre] 102. Lighting the exterior of the Centre and any facilities used in common between the Centre and any adjoining premises. Providing hot and cold water to, and maintaining operational supplies in, the toilets in the Common Parts. Supply Costs incurred in providing the Services. All existing and future rates, taxes, duties, charges and financial impositions charged on the Common Parts or the Centre as a whole (and a fair proportion of those levied on the Centre along with any adjoining premises). Providing, inspecting, maintaining (including by maintenance contracts and insurance against sudden and unforeseen breakdown), repairing, renewing, replacing, upgrading and operating: all plant, machinery, apparatus and vehicles used in providing the Services and all signage in the Common Parts; and security, fire fighting and fire detection equipment (excluding portable fire extinguishers in the Premises), fire alarm systems, public address systems, telecommunications systems, closed circuit television systems and traffic control and all other Centre Management Systems. Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Centre and otherwise in connection with the Services. Providing accommodation for staff, plant, furniture, equipment and vehicles used in providing the Services, and all outgoings on them. Employing or procuring agents, contractors or others as the Landlord decides in connection with the Services. Storing, compacting, recycling and disposing of refuse. Planting, replanting and maintaining landscape features in the Common Parts. Providing customer service facilities for visitors to the Centre, including guest Wi-Fi services. Pest and infection control. Gritting, and clearing snow from, the Common Parts. Promoting and advertising the Centre and staging activities and exhibitions within the Centre. Providing seasonal decorations within the Centre. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the Centre. Providing any further services for maintaining and securing the amenities of the Centre. Managing and administering service charge accounts for the Services and the Centre including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the Centre and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing disabled access requirements for the Centre and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing the Environmental Performance of the Centre and, where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Centre from time to time. Carrying out or implementing any Recommended Improvement Measures, Operational Rating Measures or any other works or measures to implement any Action Plan (or any other similar or replacement obligation) from time to time103. Interest costs reasonably incurred by the Landlord on borrowing from a UK clearing bank or, if the Landlord uses its own moneys, an amount equal to the interest costs that would have been incurred if the Landlord had borrowed from a UK clearing bank at reasonable commercial rates. Interest costs will be reasonably incurred under this paragraph if: the Landlord has to meet an immediate liability where the service charge funds held by the Landlord are insufficient for that purpose and the shortfall does not result from any caps on the amount of service charge recoverable, any non-payment of service charges by other tenants or any unlet Lettable Unit; or the Landlord decides at its absolute discretion to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Charge exclusions Costs arising from any damage or destruction to the Centre caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Centre. Costs of upgrading, innovation or improvement resulting from any repair, maintenance, reinstatement, rebuilding or replacement, but this will not prevent the Landlord including costs within the Service Costs which arise: where an item is to be replaced by way of repair and the replacement is broadly the modern day or up-to-date equivalent of what was there previously; where the Landlord considers replacement to be more economical than repair (and the Landlord is entitled to take into consideration the medium/long-term benefits of replacement); where an item has to be replaced or installed to comply with any Act or the requirements of the insurers; or where replacement or renewal is reasonable and cost-effective and will reduce operating costs for the benefit of the tenants of the Lettable Units[ or improve for the tenants the Environmental Performance of the Centre]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Centre. Unrecovered costs due from another tenant of the Centre. Costs incurred in dealing with the Landlord’s interest in the Centre, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord’s interest in the Centre. [Costs incurred in running and maintaining the Car Park at the Centre where parking is charged for and the Landlord keeps the charges.]104 Weighting105's obligations
Appears in 1 contract
Samples: Lease
Service Charge disputes. If any dispute arises in connection with the Service Charge, the Landlord and the Tenant must attempt to resolve it by appropriate alternative means before resorting to court proceedings. The Service Charge Statement will (except for obvious error) become binding on the parties four months after it is delivered to the Tenant or (if later) once any dispute relating to it and arising during that period has been settled or decided.97 decided.81 Variation in the proportion of the Service Charge payable98 payable In calculating the [Tenant’s Proportion] [Service Charge] Charge for any of the Services, the Landlord’s 's surveyor may make any adjustment that is fair and reasonable in all the circumstances, having regard to the relative degree of benefit obtained by the Tenant and other tenants at the Centre Building from those Services, including by dividing the services and charges set out in paragraph 3 of this Part of the Schedule into separate categories and applying weighting to those categories to take into account differing uses or operating hours. If there is any change in the extent of the CentreBuilding, the Landlord must, where it is appropriate to do so, vary the [Tenant’s Proportion] [Service Charge] Charge as is reasonable to take account of that change but the [Tenant’s Proportion] [Service Charge] Charge will not materially increase solely as a result of any change in the extent of the CentreBuilding. The [Tenant’s Proportion] [Service Charge] Charge must not be increased by reason only that any Lettable Units: remain unlet; are let on terms that do not require the tenant or other occupier to pay a service charge; or are let on terms that cap the liability of any tenant or other occupier for service charge. Landlord’s 's obligations Provision of Services The Landlord, acting reasonably and in the interests of good estate management:99 management:82 [must supply the Services in an efficient manner at all appropriate times; and100 and may vary, reduce or extend those Services.] OR [must supply the Services listed in paragraphs 3.1 to 3.[Insert number] of this Part of the Schedule in an efficient manner at all appropriate times; may supply all or any of the remaining Services listed in paragraph 3 of this Part of the Schedule; and may vary, reduce or extend those Services.] Landlord’s 's rights and responsibilities The Landlord: may from time to time employ such agents, contractors or others as the Landlord decides; will not be responsible for any interruption in the supply of the Services due to any circumstances outside the Landlord’s control or due to any necessary maintenance, repair, replacement, renewal, servicing, inspection or testing, but must take reasonable steps to restore the supply as soon as reasonably practicable; [and] must take into consideration the administrative, accounting, procurement, management and operational provisions of the Service Charge Code for so long as it is in effect insofar as it is:101 is:83 reasonably practicable to do so; consistent with the Landlord’s 's obligations under this Lease; and consistent with the economic and efficient management of the Centre Building (taking into consideration all the circumstances including the terms of the leases of other Lettable Units); [and] and must take into consideration current practice in estate management if the Service Charge Code is no longer published[; and must net off the Centre Contribution for any Accounting Period against the Service Costs for the same Accounting Period]. [The Landlord will take reasonable steps to notify the Tenant in advance of the service charge budget for each Accounting Period accounting period and of any material changes in the service charge budget that subsequently arise.] Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Centre Building and all Common Parts and Conducting Media, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the Centre, Common Parts and Conducting Media and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning any facilities (including means of access, Conducting Media, party walls and other boundary structures) used in common between the Centre Building and any adjoining premises, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the facilities used in common and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Lighting The costs of cleaning [the surfaces of any atrium facing onto the Common PartsParts and] the external surfaces of the window and window frames in the Building and providing and maintaining plant, facilities and equipment for these purposes. HeatingLighting, heating, [providing air-conditioning to] and ventilating the [Common Parts] [Centre] 102. Lighting the exterior of the Centre Building and any facilities used in common between the Centre Building and any adjoining premises. Providing hot and cold water to, and maintaining operational supplies in, the toilets in the Common Parts. Supply Costs incurred in providing the Services. All existing and future rates, taxes, duties, charges and financial impositions charged on the Common Parts or the Centre Building as a whole (and a fair proportion of those levied on the Centre Building along with any adjoining premises). Providing, inspecting, maintaining (including by maintenance contracts and insurance against sudden and unforeseen breakdown), repairing, renewing, replacing, upgrading and operating: all plant, machinery, apparatus and vehicles used in providing the Services and all signage in the Common Parts; and security, fire fighting and fire detection equipment (excluding portable fire extinguishers in the Premises), fire alarm systems, public address systems, telecommunications systems, closed circuit television systems and traffic control and all other Centre Building Management Systems. Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Centre Building and otherwise in connection with the Services. Providing accommodation for staff, plant, furniture, equipment and vehicles used in providing the Services, and all outgoings on them. Employing or procuring agents, contractors or others as the Landlord decides in connection with the Services. Storing, compacting, recycling and disposing of refuse. Planting, replanting and maintaining landscape features in the Common Parts. Providing, cleaning and renewing carpeting in the Common Parts. Providing customer service facilities for visitors to the Centre, including guest Wi-Fi servicesBuilding. Pest and infection control. Gritting, and clearing snow from, the Common Parts. Promoting and advertising the Centre and staging activities and exhibitions within the Centre. Providing seasonal decorations within the CentreBuilding. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the CentreBuilding. Providing any further services for maintaining and securing the amenities of the CentreBuilding. Managing and administering service charge accounts for the Services and the Centre Building including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the Centre Building and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing disabled access requirements for the Centre Building and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing the Environmental Performance of the Centre and, Building and where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Centre Building from time to time. Carrying out or implementing any Recommended Improvement Measures, Operational Rating Measures or any other works or measures to implement any Action Plan (or any other similar or replacement obligation) from time to time103time84. Interest costs reasonably incurred by the Landlord on borrowing from a UK clearing bank or, if the Landlord uses its own moneys, an amount equal to the interest costs that would have been incurred if the Landlord had borrowed from a UK clearing bank at reasonable commercial rates. Interest costs will be reasonably incurred under this paragraph if: the Landlord has to meet an immediate liability where the service charge funds held by the Landlord are insufficient for that purpose and the shortfall does not result from any caps on the amount of service charge recoverable, any non-payment of service charges by other tenants or any unlet Lettable Unit; or the Landlord decides at its absolute discretion to incur service charge expenditure in one Accounting Period accounting period and recover that expenditure over two or more Accounting Periodsaccounting periods. Service Charge exclusions Exclusions Costs arising from any damage or destruction to the Centre Building caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the CentreBuilding. Costs of upgrading, innovation or improvement resulting from any repair, maintenance, reinstatement, rebuilding or replacement, but this will not prevent the Landlord including costs within the Service Costs which arise: where an item is to be replaced by way of repair and the replacement is broadly the modern day or up-to-date equivalent of what was there previously; where the Landlord considers replacement to be more economical than repair (and the Landlord is entitled to take into consideration the medium/long-term benefits of replacement); where an item has to be replaced or installed to comply with any Act or the requirements of the insurers; or where replacement or renewal is reasonable and cost-effective and will reduce operating costs for the benefit of the tenants of the Lettable Units[ Units [or improve for the tenants the Environmental Performance of the CentreBuilding]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the CentreBuilding. Unrecovered costs due from another tenant of the CentreBuilding. Costs incurred in dealing with the Landlord’s 's interest in the CentreBuilding, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord’s 's interest in the CentreBuilding. [Costs incurred Insurance and Damage Provisions Tenant's insurance obligations The Tenant must pay on demand: a fair and reasonable proportion of: the sums the Landlord pays85 to comply with paragraphs 2.1.1 and 2.1.2; if not recovered through the Service Charge, the sums the Landlord pays to insure all plant, machinery, apparatus and vehicles used in running providing the Services; the cost of valuations of the Building and maintaining the Car Park at Premises for insurance purposes made not more than once a year; and the Centre amount of any excess or deductible under any insurance policy that the Landlord incurs or will incur in complying with paragraphs 2.3 and 2.4; the whole of the sums the Landlord pays for insuring loss of the Rent and Service Charge for the Risk Period; a sum equal to the amount that the insurers refuse to pay following damage or destruction by an Insured Risk to the Building because of the Tenant's act or failure to act; and any additional or increased premiums that the insurers may require as a result of the carrying out or retention of any Permitted Works or the Tenant's or any lawful occupier's use of the Premises. The Tenant must comply with the requirements of the insurers and must not do anything that may invalidate any insurance. The Tenant must not use the Premises for any purpose or carry out or retain any Permitted Works that may make any additional premium payable for the insurance of the Premises or the Building, unless it has first agreed to pay the whole of that additional premium. The Tenant must notify the Landlord as soon as practicable after it becomes aware of any damage to or destruction of the Premises by any of the Insured Risks or by an Uninsured Risk. The Tenant must keep insured, in a sufficient sum and with a reputable insurer, public liability risks relating to the Premises. Landlord's insurance obligations The Landlord must insure (with a reputable insurer): the Building against the Insured Risks in its full reinstatement cost (including all professional fees and incidental expenses, debris removal, site clearance and irrecoverable VAT); against public liability relating to the Building; and loss of the Rent and Service Charge for the Risk Period, subject to all excesses, limitations and exclusions as the insurers may impose and otherwise on the insurers' usual terms. In relation to the insurance, the Landlord must: procure the Tenant's right to the Premises is noted either specifically or generically on the policy; take reasonable steps to procure that the insurers waive any rights of subrogation they might have against the Tenant (either specifically or generically); notify the Tenant promptly of all material variations; and provide the Tenant with a summary of its main terms on the Tenant's written request. The Landlord must take reasonable steps to obtain any consents necessary for the reinstatement of the Building following destruction or damage by an Insured Risk. Where it is lawful to do so, the Landlord must reinstate the Building following destruction or damage by an Insured Risk86. Reinstatement need not be identical if the replacement is similar in size, quality and layout. Nothing in this paragraph 2 imposes any obligation on the Landlord to insure or to reinstate tenant's fixtures forming part of the Premises or the Building. Nothing in paragraph 2.4 will require the Landlord to reinstate any Lettable Units other than the Premises. The Landlord's obligations under paragraphs 2.3 and 2.4 will not apply: unless and until the Tenant has paid the amounts referred to in paragraph 1.1.1(d) and, where parking applicable, paragraph 1.1.3; or if the Landlord notifies the Tenant under paragraph 4.1 that it ends this Lease. If there is charged destruction or damage to the Building by an Uninsured Risk that leaves the whole or substantially the whole of the Premises unfit for occupation and use or inaccessible and the Landlord keeps notifies the charges.]104 Weighting105Tenant within 12 months afterwards that the Landlord wishes to reinstate, paragraphs 2.3 and 2.4 will then apply as if the damage or destruction had been caused by an Insured Risk. Subject to the insurance premiums being reasonable and proper and reasonably and properly incurred, the Landlord will be entitled to retain all insurance commissions for its own benefit. Rent suspension
Appears in 1 contract
Samples: Lease
Service Charge disputes. If any dispute arises in connection with the Service Charge, the Landlord and the Tenant must attempt to resolve it by appropriate alternative means before resorting to court proceedings. The Service Charge Statement will (except for obvious error) become binding on the parties four months after it is delivered to the Tenant or (if later) once any dispute relating to it and arising during that period has been settled or decided.97 Variation in the proportion of the Service Charge payable98 In calculating the [Tenant’s 's Proportion] [Service Charge] for any of the Services, the Landlord’s 's surveyor may make any adjustment that is fair and reasonable in all the circumstances, having regard to the relative degree of benefit obtained by the Tenant and other tenants at the Centre Estate from those Services, including by dividing the services and charges set out in paragraph 3 3. of this Part of the Schedule into separate categories and applying weighting to those categories to take into account differing uses or operating hours. If there is any change in the extent of the CentreEstate, the Landlord must, where it is appropriate to do so, vary the [Tenant’s 's Proportion] [Service Charge] as is reasonable to take account of that change but the [Tenant’s 's Proportion] [Service Charge] will not materially increase solely as a result of any change in the extent of the CentreEstate. The [Tenant’s 's Proportion] [Service Charge] must not be increased by reason only that any Lettable Units: remain unlet; are let on terms that do not require the tenant or other occupier to pay a service charge; or are let on terms that cap the liability of any tenant or other occupier for service charge. Landlord’s 's obligations Provision of Services The Landlord, acting reasonably and in the interests of good estate management:99 [must supply the Services in an efficient manner at all appropriate times; and100 may vary, reduce or extend those Services.] OR [must supply the Services listed in paragraphs 3.1 to 3.[Insert number] of this Part of the Schedule in an efficient manner at all appropriate times; may supply all or any of the remaining Services listed in paragraph 3 3. of this Part of the Schedule; and may vary, reduce or extend those Services.] Landlord’s 's rights and responsibilities The Landlord: may from time to time employ such agents, contractors or others as the Landlord decides; will not be responsible for any interruption in the supply of the Services due to any circumstances outside the Landlord’s 's control or due to any necessary maintenance, repair, replacement, renewal, servicing, inspection or testing, but must take reasonable steps to restore the supply as soon as reasonably practicable; must take into consideration the administrative, accounting, procurement, management and operational provisions of the Service Charge Code for so long as it is in effect insofar as it is:101 reasonably practicable to do so; consistent with the Landlord’s 's obligations under this Lease; and consistent with the economic and efficient management of the Centre Estate (taking into consideration all the circumstances including the terms of the leases of other Lettable Units); [and] must take into consideration current practice in estate management if the Service Charge Code is no longer published[; and must net off the Centre Estate Contribution for any Accounting Period against the Service Costs for the same Accounting Period]. [The Landlord will take reasonable steps to notify the Tenant in advance of the service charge budget for each Accounting Period and of any material changes in the service charge budget that subsequently arise.] Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Centre and all Common Parts and Conducting Media, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the Centre, Common Parts and Conducting Media and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning any facilities (including means of access, Conducting Media, party walls and other boundary structures) used in common between the Centre Estate and any adjoining premises, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the facilities used in common and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Lighting the Common Parts. Heating, [providing air-conditioning to] and ventilating any[ indoor amenities within the [Common Parts] [Centre] 102buildings on the Estate]. Lighting the exterior of the Centre buildings on the Estate and any facilities used in common between the Centre Estate and any adjoining premises. Providing hot and cold water to, and maintaining operational supplies in, the toilets in the Common Parts. Supply Costs incurred in providing the Services. All existing and future rates, taxes, duties, charges and financial impositions charged on the Common Parts or the Centre Estate as a whole (and a fair proportion of those levied on the Centre Estate along with any adjoining premises). Providing, inspecting, maintaining (including by maintenance contracts and insurance against sudden and unforeseen breakdown), repairing, renewing, replacing, upgrading and operating: all plant, machinery, apparatus and vehicles used in providing the Services and all signage in the Common Parts; and security, fire fighting and fire detection equipment (excluding portable fire extinguishers in the Premises), fire alarm systems, public address systems, telecommunications systems, closed circuit television systems and traffic control and all other Centre Management Systemscontrol. Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Centre Estate and otherwise in connection with the Services. Providing accommodation for staff, plant, furniture, equipment and vehicles used in providing the Services, and all outgoings on them. Employing or procuring agents, contractors or others as the Landlord decides in connection with the Services. Storing, compacting, recycling and disposing of refuse. Planting, replanting and maintaining landscape features in the Common Parts. Providing customer service facilities for visitors to the CentreEstate, including guest Wi-Fi services. Pest and infection control. Gritting, and clearing snow from, the Common Parts. Promoting and advertising the Centre Estate and staging activities and exhibitions within the CentreEstate. Providing seasonal decorations within the CentreEstate. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the CentreEstate. Providing any further services for maintaining and securing the amenities of the CentreEstate. Managing and administering service charge accounts for the Services and the Centre Estate including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the Centre Estate and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing disabled access requirements for the Centre Estate and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing the Environmental Performance of the Centre and, Estate and where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Centre Estate from time to time. Carrying out or implementing any Recommended Improvement Measures, Operational Rating Measures or any other works or measures to implement any Action Plan in respect of all or any part of the Common Parts (or any other similar or replacement obligation) from time to time103. time.102 Interest costs reasonably incurred by the Landlord on borrowing from a UK clearing bank or, if the Landlord uses its own moneys, an amount equal to the interest costs that would have been incurred if the Landlord had borrowed from a UK clearing bank at reasonable commercial rates. Interest costs will be reasonably incurred under this paragraph if: the Landlord has to meet an immediate liability where the service charge funds held by the Landlord are insufficient for that purpose and the shortfall does not result from any caps on the amount of service charge recoverable, any non-payment of service charges by other tenants or any unlet Lettable Unit; or the Landlord decides at its absolute discretion to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Charge exclusions Costs arising from any damage or destruction to the Centre Estate caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the CentreEstate. Costs of upgrading, innovation or improvement resulting from any repair, maintenance, reinstatement, rebuilding or replacement, but this will not prevent the Landlord including costs within the Service Costs which arise: where an item is to be replaced by way of repair and the replacement is broadly the modern day or up-to-date equivalent of what was there previously; where the Landlord considers replacement to be more economical than repair (and the Landlord is entitled to take into consideration the medium/long-term benefits of replacement); where an item has to be replaced or installed to comply with any Act or the requirements of the insurers; or where replacement or renewal is reasonable and cost-effective and will reduce operating costs for the benefit of the tenants of the Lettable Units[ or improve for the tenants the Environmental Performance of the CentreEstate]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the CentreEstate. Unrecovered costs due from another tenant of the CentreEstate. Costs incurred in dealing with the Landlord’s 's interest in the CentreEstate, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord’s 's interest in the CentreEstate. [Costs incurred in running and maintaining the Car Park at the Centre Estate where parking is charged for and the Landlord keeps the charges.]104 Weighting105charges.]103 Weighting104
Appears in 1 contract
Samples: Lease
Service Charge disputes. If any dispute arises in connection with the Service Charge, the Landlord and the Tenant must attempt to resolve it by appropriate alternative means before resorting to court proceedings. The Except in relation to obvious errors, the Tenant must not raise any dispute in connection with the Service Charge Statement will (except for obvious error) become binding on the parties more than four months after it is the Service Charge Statement has been delivered to the Tenant or (if later) once any dispute relating to it and arising during that period has been settled or decided.97 Tenant.96 Variation in the proportion of the Service Charge payable98 payable97 In calculating the [Tenant’s 's Proportion] [Service Charge] for any of the Services, the Landlord’s 's surveyor may make any adjustment that is fair and reasonable in all the circumstances, having regard to taking into consideration the relative degree of benefit obtained by the Tenant and other tenants at the Centre from those Services, including by dividing the services and charges set out in paragraph 3 of this Part of the Schedule Services into separate categories and applying weighting to those categories to take into account differing uses or operating hourshours or other relevant factors. If there is any change in the extent of the Centre, the Landlord must, where it is appropriate to do so, vary the [Tenant’s 's Proportion] [Service Charge] as is reasonable to take account of that change but the [Tenant’s 's Proportion] [Service Charge] will not materially increase solely as a result of any change in the extent of the Centre. The [Tenant’s 's Proportion] [Service Charge] must not be increased by reason only that any Lettable Units: remain are or have been unlet; are let on terms that do not require the tenant or other occupier to pay a service charge; or are let on terms that cap the liability of any tenant or other occupier for service charge. Landlord’s obligations Provision of Services The Landlord, acting reasonably and in the interests of good estate management:99 [must supply the Services in an efficient manner at all appropriate times; and100 may vary, reduce or extend those Services.] OR [must supply the Services listed in paragraphs 3.1 to 3.[Insert number] of this Part of the Schedule in an efficient manner at all appropriate times; may supply all or any of the remaining Services listed in paragraph 3 of this Part of the Schedule; and may vary, reduce or extend those Services.] Landlord’s rights and responsibilities The Landlord: may from time to time employ such agents, contractors or others as the Landlord decides; will not be responsible for any interruption in the supply of the Services due to any circumstances outside the Landlord’s control or due to any necessary maintenance, repair, replacement, renewal, servicing, inspection or testing, but must take reasonable steps to restore the supply as soon as reasonably practicable; must take into consideration the administrative, accounting, procurement, management and operational provisions of the Service Charge Code for so long as it is in effect insofar as it is:101 reasonably practicable to do so; consistent with the Landlord’s obligations under this Lease; and consistent with the economic and efficient management of the Centre (taking into consideration all the circumstances including the terms of the leases of other Lettable Units); [and] must take into consideration current practice in estate management if the Service Charge Code is no longer published[; and must net off the Centre Contribution for any Accounting Period against the Service Costs for the same Accounting Period]. [The Landlord will take reasonable steps to notify the Tenant in advance of the service charge budget for each Accounting Period and of any material changes in the service charge budget that subsequently arise.] Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Centre and all Common Parts and Conducting Media, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the Centre, Common Parts and Conducting Media and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning any facilities (including means of access, Conducting Media, party walls and other boundary structures) used in common between the Centre and any adjoining premises, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the facilities used in common and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Lighting the Common Parts. Heating, [providing air-conditioning to] and ventilating the [Common Parts] [Centre] 102. Lighting the exterior of the Centre and any facilities used in common between the Centre and any adjoining premises. Providing hot and cold water to, and maintaining operational supplies in, the toilets in the Common Parts. Supply Costs incurred in providing the Services. All existing and future rates, taxes, duties, charges and financial impositions charged on the Common Parts or the Centre as a whole (and a fair proportion of those levied on the Centre along with any adjoining premises). Providing, inspecting, maintaining (including by maintenance contracts and insurance against sudden and unforeseen breakdown), repairing, renewing, replacing, upgrading and operating: all plant, machinery, apparatus and vehicles used in providing the Services and all signage in the Common Parts; and security, fire fighting and fire detection equipment (excluding portable fire extinguishers in the Premises), fire alarm systems, public address systems, telecommunications systems, closed circuit television systems and traffic control and all other Centre Management Systems. Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Centre and otherwise in connection with the Services. Providing accommodation for staff, plant, furniture, equipment and vehicles used in providing the Services, and all outgoings on them. Employing or procuring agents, contractors or others as the Landlord decides in connection with the Services. Storing, compacting, recycling and disposing of refuse. Planting, replanting and maintaining landscape features in the Common Parts. Providing customer service facilities for visitors to the Centre, including guest Wi-Fi services. Pest and infection control. Gritting, and clearing snow from, the Common Parts. Promoting and advertising the Centre and staging activities and exhibitions within the Centre. Providing seasonal decorations within the Centre. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the Centre. Providing any further services for maintaining and securing the amenities of the Centre. Managing and administering service charge accounts for the Services and the Centre including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the Centre and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing disabled access requirements for the Centre and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing the Environmental Performance of the Centre and, where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Centre from time to time. Carrying out or implementing any Recommended Improvement Measures, Operational Rating Measures or any other works or measures to implement any Action Plan (or any other similar or replacement obligation) from time to time103. Interest costs reasonably incurred by the Landlord on borrowing from a UK clearing bank or, if the Landlord uses its own moneys, an amount equal to the interest costs that would have been incurred if the Landlord had borrowed from a UK clearing bank at reasonable commercial rates. Interest costs will be reasonably incurred under this paragraph if: the Landlord has to meet an immediate liability where the service charge funds held by the Landlord are insufficient for that purpose and the shortfall does not result from any caps on the amount of service charge recoverable, any non-payment of service charges by other tenants or any unlet Lettable Unit; or the Landlord decides at its absolute discretion to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Charge exclusions Costs arising from any damage or destruction to the Centre caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Centre. Costs of upgrading, innovation or improvement resulting from any repair, maintenance, reinstatement, rebuilding or replacement, but this will not prevent the Landlord including costs within the Service Costs which arise: where an item is to be replaced by way of repair and the replacement is broadly the modern day or up-to-date equivalent of what was there previously; where the Landlord considers replacement to be more economical than repair (and the Landlord is entitled to take into consideration the medium/long-term benefits of replacement); where an item has to be replaced or installed to comply with any Act or the requirements of the insurers; or where replacement or renewal is reasonable and cost-effective and will reduce operating costs for the benefit of the tenants of the Lettable Units[ or improve for the tenants the Environmental Performance of the Centre]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Centre. Unrecovered costs due from another tenant of the Centre. Costs incurred in dealing with the Landlord’s interest in the Centre, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord’s interest in the Centre. [Costs incurred in running and maintaining the Car Park at the Centre where parking is charged for and the Landlord keeps the charges.]104 Weighting105's obligations
Appears in 1 contract
Samples: Lease
Service Charge disputes. If any dispute arises in connection with the Service Charge, the Landlord and the Tenant must attempt to resolve it by appropriate alternative means before resorting to court proceedings. The Service Charge Statement will (except for obvious error) become binding on the parties four months after it is delivered to the Tenant or (if later) once any dispute relating to it and arising during that period has been settled or decided.97 decided.93 Variation in the proportion of the Service Charge payable98 payable94 In calculating the [Tenant’s Proportion] [Service Charge] for any of the Services, the Landlord’s surveyor may make any adjustment that is fair and reasonable in all the circumstances, having regard to the relative degree of benefit obtained by the Tenant and other tenants at the Centre Building or the Estate from those Services, including by dividing the services and charges set out in paragraph 3 26. and paragraph Error: Reference source not found of this Part of the Schedule into separate categories and applying weighting to those categories to take into account differing uses or operating hours. If there is any change in the extent of the CentreBuilding or the Estate, the Landlord must, where it is appropriate to do so, vary the [Tenant’s Proportion] [Service Charge] as is reasonable to take account of that change but the [Tenant’s Proportion] [Service Charge] will not materially increase solely as a result of any change in the extent of the CentreBuilding or the Estate. The [Tenant’s Proportion] [Service Charge] must not be increased by reason only that any Lettable Units: remain unlet; are let on terms that do not require the tenant or other occupier to pay a service charge; or are let on terms that cap the liability of any tenant or other occupier for service charge. Landlord’s obligations Provision of Services The Landlord, acting reasonably and in the interests of good estate management:99 management:95 [must supply the Services in an efficient manner at all appropriate times; and100 and may vary, reduce or extend those Services.] OR [must supply the Services listed in paragraphs 3.1 26.1 to 3.[Insert number] of this Part of the Schedule and in paragraphs Error: Reference source not found to 5.[Insert number] of this Part of the Schedule in an efficient manner at all appropriate times; may supply all or any of the remaining Services listed in paragraph 3 26. and paragraph Error: Reference source not found of this Part of the Schedule; and may vary, reduce or extend those Services.] Landlord’s rights and responsibilities The Landlord: may from time to time employ such agents, contractors or others as the Landlord decides; must not include expenditure in the Building Service Costs to the extent that it has already been included in the Estate Service Costs or vice versa; will not be responsible for any interruption in the supply of the Services due to any circumstances outside the Landlord’s control or due to any necessary maintenance, repair, replacement, renewal, servicing, inspection or testing, but must take reasonable steps to restore the supply as soon as reasonably practicable; must take into consideration the administrative, accounting, procurement, management and operational provisions of the Service Charge Code for so long as it is in effect insofar as it is:101 is:96 reasonably practicable to do so; consistent with the Landlord’s obligations under this Lease; and consistent with the economic and efficient management of the Centre Building and the Estate (taking into consideration all the circumstances including the terms of the leases of other Lettable Units); [and] and must take into consideration current practice in estate management if the Service Charge Code is no longer published[.] [; and and] [must net off the Centre Estate Contribution for any Accounting Period accounting period against the Estate Service Costs for the same Accounting Period]. accounting period.] [The Landlord will take reasonable steps to notify the Tenant in advance of the service charge budget for each Accounting Period accounting period and of any material changes in the service charge budget that subsequently arise.] Building Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Centre Building and all Building Common Parts and Conducting Media, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the CentreBuilding, the Building Common Parts and Conducting Media and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning any facilities (including means of access, Conducting Media, party walls and other boundary structures) used in common between the Centre Building and any adjoining premises, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the facilities used in common and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Lighting The costs of cleaning [the surfaces of any atrium facing onto the Building Common PartsParts and] the external surfaces of the window and window frames in the Building (but not the shopfront of the Premises) and providing and maintaining plant, facilities and equipment for these purposes. HeatingLighting, heating, [providing air-conditioning to] and ventilating the [Building Common Parts] [Centre] 102. Lighting the exterior of the Centre Building and any facilities used in common between the Centre Building and any adjoining premises. Providing hot and cold water to, and maintaining operational supplies in, the toilets in the Building Common Parts. Supply Costs incurred in providing the Building Services. All existing and future rates, taxes, duties, charges and financial impositions charged on the Building Common Parts or the Centre Building as a whole (and a fair proportion of those levied on the Centre Building along with any adjoining premises). Providing, inspecting, maintaining (including by maintenance contracts and insurance against sudden and unforeseen breakdown), repairing, renewing, replacing, upgrading and operating: all plant, machinery, apparatus and vehicles used in providing the Building Services and all signage in the Building Common Parts; and security, fire fighting and fire detection equipment (excluding portable fire extinguishers in the Premises), fire alarm systems, public address systems, telecommunications systems, closed circuit television systems and traffic control and all other Centre Building Management Systems. Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Centre Building and otherwise in connection with the Building Services. Providing accommodation for staff, plant, furniture, equipment and vehicles used in providing the Building Services, and all outgoings on them. Employing or procuring agents, contractors or others as the Landlord decides in connection with the Building Services. Storing, compacting, recycling and disposing of refuse. Planting, replanting and maintaining landscape features in the Building Common Parts. Providing, cleaning and renewing carpeting in the Building Common Parts. Providing customer service facilities for visitors to the Centre, including guest Wi-Fi servicesBuilding. Pest and infection control. Gritting, and clearing snow from, the Building Common Parts. Promoting and advertising the Centre Building and staging activities and exhibitions within the CentreBuilding. Providing seasonal decorations within the CentreBuilding. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the CentreBuilding. Providing any further services for maintaining and securing the amenities of the CentreBuilding. Managing and administering service charge accounts for the Building Services and the Centre Building including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the Centre Building and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing disabled access requirements for the Centre Building and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing the Environmental Performance of the Centre Building and, where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Centre Building from time to time. Carrying out or implementing any Recommended Improvement Measures, Operational Rating Measures or any other works or measures to implement any Action Plan relating to all or any part of the Building (or any other similar or replacement obligation) from time to time103time97. Interest costs reasonably incurred by the Landlord on borrowing from a UK clearing bank or, if the Landlord uses its own moneys, an amount equal to the interest costs that would have been incurred if the Landlord had borrowed from a UK clearing bank at reasonable commercial rates. Interest costs will be reasonably incurred under this paragraph if: the Landlord has to meet an immediate liability where the service charge funds held by the Landlord are insufficient for that purpose and the shortfall does not result from any caps on the amount of service charge recoverable, any non-payment of service charges by other tenants or any unlet Lettable UnitUnit in the Building; or the Landlord decides at its absolute discretion to incur service charge expenditure in one Accounting Period accounting period and recover that expenditure over two or more Accounting Periodsaccounting periods. Building Service Charge exclusions Exclusions Costs arising from any damage or destruction to the Centre Building caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the CentreBuilding. Costs of upgrading, innovation or improvement resulting from any repair, maintenance, reinstatement, rebuilding or replacement, but this will not prevent the Landlord including costs within the Building Service Costs which arise: where an item is to be replaced by way of repair and the replacement is broadly the modern day or up-to-date equivalent of what was there previously; where the Landlord considers replacement to be more economical than repair (and the Landlord is entitled to take into consideration the medium/long-term benefits of replacement); where an item has to be replaced or installed to comply with any Act or the requirements of the insurers; or where replacement or renewal is reasonable and cost-effective and will reduce operating costs for the benefit of the tenants of the Lettable Units[ or improve for the tenants the Environmental Performance of the CentreBuilding]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the CentreBuilding. Unrecovered costs due from another tenant of the CentreBuilding. Costs incurred in dealing with the Landlord’s interest in the CentreBuilding, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord’s interest in the CentreBuilding. [Costs incurred in running and maintaining the any Car Park at the Centre Building where parking is charged for and the Landlord keeps the charges.]104 Weighting105charges.]98
Appears in 1 contract
Samples: Lease
Service Charge disputes. If any dispute arises in connection with the Service Charge, the Landlord and the Tenant must attempt to resolve it by appropriate alternative means before resorting to court proceedings. The Service Charge Statement will (except for obvious error) become binding on the parties four months after it is delivered to the Tenant or (if later) once any dispute relating to it and arising during that period has been settled or decided.97 decided.94 Variation in the proportion of the Service Charge payable98 payable95 In calculating the [Tenant’s 's Proportion] [Service Charge] for any of the Services, the Landlord’s 's surveyor may make any adjustment that is fair and reasonable in all the circumstances, having regard to the relative degree of benefit obtained by the Tenant and other tenants at the Centre Building or the Estate from those Services, including by dividing the services and charges set out in paragraph 3 and paragraph 5 of this Part of the Schedule into separate categories and applying weighting to those categories to take into account differing uses or operating hours. If there is any change in the extent of the CentreBuilding or the Estate, the Landlord must, where it is appropriate to do so, vary the [Tenant’s 's Proportion] [Service Charge] as is reasonable to take account of that change but the [Tenant’s 's Proportion] [Service Charge] will not materially increase solely as a result of any change in the extent of the CentreBuilding or the Estate. The [Tenant’s 's Proportion] [Service Charge] must not be increased by reason only that any Lettable Units: remain unlet; are let on terms that do not require the tenant or other occupier to pay a service charge; or are let on terms that cap the liability of any tenant or other occupier for service charge. Landlord’s 's obligations Provision of Services The Landlord, acting reasonably and in the interests of good estate management:99 management:96 [must supply the Services in an efficient manner at all appropriate times; and100 and may vary, reduce or extend those Services.] OR [must supply the Services listed in paragraphs 3.1 to 3.[Insert number] of this Part of the Schedule and in paragraphs 5.1 to 5.[ Insert number] of this Part of the Schedule in an efficient manner at all appropriate times; may supply all or any of the remaining Services listed in paragraph 3 and paragraph 5 of this Part of the Schedule; and may vary, reduce or extend those Services.] Landlord’s 's rights and responsibilities The Landlord: may from time to time employ such agents, contractors or others as the Landlord decides; must not include expenditure in the Building Service Costs to the extent that it has already been included in the Estate Service Costs or vice versa; will not be responsible for any interruption in the supply of the Services due to any circumstances outside the Landlord’s 's control or due to any necessary maintenance, repair, replacement, renewal, servicing, inspection or testing, but must take reasonable steps to restore the supply as soon as reasonably practicable; must take into consideration the administrative, accounting, procurement, management and operational provisions of the Service Charge Code for so long as it is in effect insofar as it is:101 is:97 reasonably practicable to do so; consistent with the Landlord’s 's obligations under this Lease; and consistent with the economic and efficient management of the Centre Building and the Estate (taking into consideration all the circumstances including the terms of the leases of other Lettable Units); [and] and must take into consideration current practice in estate management if the Service Charge Code is no longer published[; and must net off the Centre Estate Contribution for any Accounting Period accounting period against the Estate Service Costs for the same Accounting Periodaccounting period]. [The Landlord will take reasonable steps to notify the Tenant in advance of the service charge budget for each Accounting Period accounting period and of any material changes in the service charge budget that subsequently arise.] Building Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Centre Building and all Building Common Parts and Conducting Media, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the CentreBuilding, the Building Common Parts and Conducting Media and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning any facilities (including means of access, Conducting Media, party walls and other boundary structures) used in common between the Centre Building and any adjoining premises, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the facilities used in common and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Lighting The costs of cleaning [the surfaces of any atrium facing onto the Building Common PartsParts and] the external surfaces of the window and window frames in the Building (but not the shopfront of the Premises) and providing and maintaining plant, facilities and equipment for these purposes. HeatingLighting, heating, [providing air-conditioning to] and ventilating the [Building Common Parts] [Centre] 102. Lighting the exterior of the Centre Building and any facilities used in common between the Centre Building and any adjoining premises. Providing hot and cold water to, and maintaining operational supplies in, the toilets in the Building Common Parts. Supply Costs incurred in providing the Building Services. All existing and future rates, taxes, duties, charges and financial impositions charged on the Building Common Parts or the Centre Building as a whole (and a fair proportion of those levied on the Centre Building along with any adjoining premises). Providing, inspecting, maintaining (including by maintenance contracts and insurance against sudden and unforeseen breakdown), repairing, renewing, replacing, upgrading and operating: all plant, machinery, apparatus and vehicles used in providing the Building Services and all signage in the Building Common Parts; and security, fire fighting and fire detection equipment (excluding portable fire extinguishers in the Premises), fire alarm systems, public address systems, telecommunications systems, closed circuit television systems and traffic control and all other Centre Building Management Systems. Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Centre Building and otherwise in connection with the Building Services. Providing accommodation for staff, plant, furniture, equipment and vehicles used in providing the Building Services, and all outgoings on them. Employing or procuring agents, contractors or others as the Landlord decides in connection with the Building Services. Storing, compacting, recycling and disposing of refuse. Planting, replanting and maintaining landscape features in the Building Common Parts. Providing, cleaning and renewing carpeting in the Building Common Parts. Providing customer service facilities for visitors to the Centre, including guest Wi-Fi servicesBuilding. Pest and infection control. Gritting, and clearing snow from, the Building Common Parts. Promoting and advertising the Centre Building and staging activities and exhibitions within the CentreBuilding. Providing seasonal decorations within the CentreBuilding. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the CentreBuilding. Providing any further services for maintaining and securing the amenities of the CentreBuilding. Managing and administering service charge accounts for the Building Services and the Centre Building including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the Centre Building and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing disabled access requirements for the Centre Building and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing the Environmental Performance of the Centre and, Building and where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Centre Building from time to time. Carrying out or implementing any Recommended Improvement Measures, Operational Rating Measures or any other works or measures to implement any Action Plan relating to all or any part of the Building (or any other similar or replacement obligation) from time to time103time98. Interest costs reasonably incurred by the Landlord on borrowing from a UK clearing bank or, if the Landlord uses its own moneys, an amount equal to the interest costs that would have been incurred if the Landlord had borrowed from a UK clearing bank at reasonable commercial rates. Interest costs will be reasonably incurred under this paragraph if: the Landlord has to meet an immediate liability where the service charge funds held by the Landlord are insufficient for that purpose and the shortfall does not result from any caps on the amount of service charge recoverable, any non-payment of service charges by other tenants or any unlet Lettable UnitUnit in the Building; or the Landlord decides at its absolute discretion to incur service charge expenditure in one Accounting Period accounting period and recover that expenditure over two or more Accounting Periodsaccounting periods. Building Service Charge exclusions Exclusions Costs arising from any damage or destruction to the Centre Building caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the CentreBuilding. Costs of upgrading, innovation or improvement resulting from any repair, maintenance, reinstatement, rebuilding or replacement, but this will not prevent the Landlord including costs within the Building Service Costs which arise: where an item is to be replaced by way of repair and the replacement is broadly the modern day or up-to-date equivalent of what was there previously; where the Landlord considers replacement to be more economical than repair (and the Landlord is entitled to take into consideration the medium/long-term benefits of replacement); where an item has to be replaced or installed to comply with any Act or the requirements of the insurers; or where replacement or renewal is reasonable and cost-effective and will reduce operating costs for the benefit of the tenants of the Lettable Units[ or improve for the tenants the Environmental Performance of the CentreBuilding]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the CentreBuilding. Unrecovered costs due from another tenant of the CentreBuilding. Costs incurred in dealing with the Landlord’s 's interest in the CentreBuilding, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord’s 's interest in the CentreBuilding. [Costs incurred in running and maintaining the any Car Park at the Centre Building where parking is charged for and the Landlord keeps the charges.]104 Weighting105charges.]99
Appears in 1 contract
Samples: Lease
Service Charge disputes. If any dispute arises in connection with the Service Charge, the Landlord and the Tenant must attempt to resolve it by appropriate alternative means before resorting to court proceedings. The Except in relation to obvious errors, the Tenant must not raise any dispute in connection with the Service Charge Statement will (except for obvious error) become binding on the parties more than four months after it is the Service Charge Statement has been delivered to the Tenant or (if later) once any dispute relating to it and arising during that period has been settled or decided.97 Tenant.95 Variation in the proportion of the Service Charge payable98 payable96 In calculating the [Tenant’s 's Proportion] [Service Charge] for any of the Services, the Landlord’s 's surveyor may make any adjustment that is fair and reasonable in all the circumstances, having regard to taking into consideration the relative degree of benefit obtained by the Tenant and other tenants at the Centre from those Services, including by dividing the services and charges set out in paragraph 3 of this Part of the Schedule Services into separate categories and applying weighting to those categories to take into account differing uses or operating hourshours or other relevant factors. If there is any change in the extent of the Centre, the Landlord must, where it is appropriate to do so, vary the [Tenant’s 's Proportion] [Service Charge] as is reasonable to take account of that change but the [Tenant’s 's Proportion] [Service Charge] will not materially increase solely as a result of any change in the extent of the Centre. The [Tenant’s 's Proportion] [Service Charge] must not be increased by reason only that any Lettable Units: remain are or have been unlet; are let on terms that do not require the tenant or other occupier to pay a service charge; or are let on terms that cap the liability of any tenant or other occupier for service charge. Landlord’s obligations Provision of Services The Landlord, acting reasonably and in the interests of good estate management:99 [must supply the Services in an efficient manner at all appropriate times; and100 may vary, reduce or extend those Services.] OR [must supply the Services listed in paragraphs 3.1 to 3.[Insert number] of this Part of the Schedule in an efficient manner at all appropriate times; may supply all or any of the remaining Services listed in paragraph 3 of this Part of the Schedule; and may vary, reduce or extend those Services.] Landlord’s rights and responsibilities The Landlord: may from time to time employ such agents, contractors or others as the Landlord decides; will not be responsible for any interruption in the supply of the Services due to any circumstances outside the Landlord’s control or due to any necessary maintenance, repair, replacement, renewal, servicing, inspection or testing, but must take reasonable steps to restore the supply as soon as reasonably practicable; must take into consideration the administrative, accounting, procurement, management and operational provisions of the Service Charge Code for so long as it is in effect insofar as it is:101 reasonably practicable to do so; consistent with the Landlord’s obligations under this Lease; and consistent with the economic and efficient management of the Centre (taking into consideration all the circumstances including the terms of the leases of other Lettable Units); [and] must take into consideration current practice in estate management if the Service Charge Code is no longer published[; and must net off the Centre Contribution for any Accounting Period against the Service Costs for the same Accounting Period]. [The Landlord will take reasonable steps to notify the Tenant in advance of the service charge budget for each Accounting Period and of any material changes in the service charge budget that subsequently arise.] Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Centre and all Common Parts and Conducting Media, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the Centre, Common Parts and Conducting Media and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning any facilities (including means of access, Conducting Media, party walls and other boundary structures) used in common between the Centre and any adjoining premises, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the facilities used in common and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Lighting the Common Parts. Heating, [providing air-conditioning to] and ventilating the [Common Parts] [Centre] 102. Lighting the exterior of the Centre and any facilities used in common between the Centre and any adjoining premises. Providing hot and cold water to, and maintaining operational supplies in, the toilets in the Common Parts. Supply Costs incurred in providing the Services. All existing and future rates, taxes, duties, charges and financial impositions charged on the Common Parts or the Centre as a whole (and a fair proportion of those levied on the Centre along with any adjoining premises). Providing, inspecting, maintaining (including by maintenance contracts and insurance against sudden and unforeseen breakdown), repairing, renewing, replacing, upgrading and operating: all plant, machinery, apparatus and vehicles used in providing the Services and all signage in the Common Parts; and security, fire fighting and fire detection equipment (excluding portable fire extinguishers in the Premises), fire alarm systems, public address systems, telecommunications systems, closed circuit television systems and traffic control and all other Centre Management Systems. Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Centre and otherwise in connection with the Services. Providing accommodation for staff, plant, furniture, equipment and vehicles used in providing the Services, and all outgoings on them. Employing or procuring agents, contractors or others as the Landlord decides in connection with the Services. Storing, compacting, recycling and disposing of refuse. Planting, replanting and maintaining landscape features in the Common Parts. Providing customer service facilities for visitors to the Centre, including guest Wi-Fi services. Pest and infection control. Gritting, and clearing snow from, the Common Parts. Promoting and advertising the Centre and staging activities and exhibitions within the Centre. Providing seasonal decorations within the Centre. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the Centre. Providing any further services for maintaining and securing the amenities of the Centre. Managing and administering service charge accounts for the Services and the Centre including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the Centre and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing disabled access requirements for the Centre and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing the Environmental Performance of the Centre and, where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Centre from time to time. Carrying out or implementing any Recommended Improvement Measures, Operational Rating Measures or any other works or measures to implement any Action Plan (or any other similar or replacement obligation) from time to time103. Interest costs reasonably incurred by the Landlord on borrowing from a UK clearing bank or, if the Landlord uses its own moneys, an amount equal to the interest costs that would have been incurred if the Landlord had borrowed from a UK clearing bank at reasonable commercial rates. Interest costs will be reasonably incurred under this paragraph if: the Landlord has to meet an immediate liability where the service charge funds held by the Landlord are insufficient for that purpose and the shortfall does not result from any caps on the amount of service charge recoverable, any non-payment of service charges by other tenants or any unlet Lettable Unit; or the Landlord decides at its absolute discretion to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Charge exclusions Costs arising from any damage or destruction to the Centre caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Centre. Costs of upgrading, innovation or improvement resulting from any repair, maintenance, reinstatement, rebuilding or replacement, but this will not prevent the Landlord including costs within the Service Costs which arise: where an item is to be replaced by way of repair and the replacement is broadly the modern day or up-to-date equivalent of what was there previously; where the Landlord considers replacement to be more economical than repair (and the Landlord is entitled to take into consideration the medium/long-term benefits of replacement); where an item has to be replaced or installed to comply with any Act or the requirements of the insurers; or where replacement or renewal is reasonable and cost-effective and will reduce operating costs for the benefit of the tenants of the Lettable Units[ or improve for the tenants the Environmental Performance of the Centre]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Centre. Unrecovered costs due from another tenant of the Centre. Costs incurred in dealing with the Landlord’s interest in the Centre, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord’s interest in the Centre. [Costs incurred in running and maintaining the Car Park at the Centre where parking is charged for and the Landlord keeps the charges.]104 Weighting105's obligations
Appears in 1 contract
Samples: Lease
Service Charge disputes. If any dispute arises in connection with the Service Charge, the Landlord and the Tenant must attempt to resolve it by appropriate alternative means before resorting to court proceedings. The Service Charge Statement will (except for obvious error) become binding on the parties four months after it is delivered to the Tenant or (if later) once any dispute relating to it and arising during that period has been settled or decided.97 decided.71 Variation in the proportion of the Service Charge payable98 payable In calculating the [Tenant’s Proportion] [Service Charge] Charge for any of the Services, the Landlord’s surveyor may make any adjustment that is fair and reasonable in all the circumstances, having regard to the relative degree of benefit obtained by the Tenant and other tenants at the Centre Estate from those Services, including by dividing the services and charges set out in paragraph 3 of this Part of the Schedule into separate categories and applying weighting to those categories to take into account differing uses or operating hours. If there is any change in the extent of the CentreEstate, the Landlord must, where it is appropriate to do so, vary the [Tenant’s Proportion] [Service Charge] Charge as is reasonable to take account of that change but the [Tenant’s Proportion] [Service Charge] Charge will not materially increase solely as a result of any change in the extent of the CentreEstate. The [Tenant’s Proportion] [Service Charge] Charge must not be increased by reason only that any Lettable Units: remain unlet; are let on terms that do not require the tenant or other occupier to pay a service charge; or are let on terms that cap the liability of any tenant or other occupier for service charge. Landlord’s 's obligations Provision of Services The Landlord, acting reasonably and in the interests of good estate management:99 management:72 [must supply the Services in an efficient manner at all appropriate times; and100 and may vary, reduce or extend those Services.] OR [must supply the Services listed in paragraphs 3.1 to 3.[Insert number] of this Part of the Schedule in an efficient manner at all appropriate times; may supply all or any of the remaining Services listed in paragraph 3 of this Part of the Schedule; and may vary, reduce or extend those Services.] Landlord’s 's rights and responsibilities The Landlord: may from time to time employ such agents, contractors or others as the Landlord decides; will not be responsible for any interruption in the supply of the Services due to any circumstances outside the Landlord’s 's control or due to any necessary maintenance, repair, replacement, renewal, servicing, inspection or testing, but must take reasonable steps to restore the supply as soon as reasonably practicable; [and] must take into consideration the administrative, accounting, procurement, management and operational provisions of the Service Charge Code for so long as it is in effect insofar as it is:101 is:73 reasonably practicable to do so; consistent with the Landlord’s 's obligations under this Lease; and consistent with the economic and efficient management of the Centre Estate (taking into consideration all the circumstances including the terms of the leases of other Lettable Units); [and] and must take into consideration current practice in estate management if the Service Charge Code is no longer published[; and must net off the Centre Contribution for any Accounting Period against the Service Costs for the same Accounting Period]. [The Landlord will take reasonable steps to notify the Tenant in advance of the service charge budget for each Accounting Period accounting period and of any material changes in the service charge budget that subsequently arise.] Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Centre and all Common Parts and Conducting Media, Media including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the Centre, Common Parts and Conducting Media and (2) the cause of damage, deterioration or destruction even if the cause case is a latent or inherent defect. Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning any facilities (including means of access, Conducting Media, party walls and other boundary structures) used in common between the Centre Estate and any adjoining premises, premises including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the facilities used in common and (2) the cause of damage, deterioration or destruction even if the cause case is a latent or inherent defect. Lighting the Common Parts. HeatingLighting, heating, [providing air-conditioning to] and ventilating any indoor amenities within the [Common Parts] [Centre] 102. Lighting the exterior of the Centre buildings on the Estate and any facilities used in common between the Centre Estate and any adjoining premises. Providing hot and cold water to, and maintaining operational supplies in, the toilets in the Common Parts. Supply Costs incurred in providing the Services. All existing and future rates, taxes, duties, charges and financial impositions charged on the Common Parts or the Centre Estate as a whole (and a fair proportion of those levied on the Centre Estate along with any adjoining premises). Providing, inspecting, maintaining (including by maintenance contracts and insurance against sudden and unforeseen breakdown), repairing, renewing, replacing, upgrading and operating: all plant, machinery, apparatus and vehicles used in providing the Services and all signage in the Common Parts; and security, fire fighting and fire detection equipment (excluding portable fire extinguishers in the Premises), fire alarm systems, public address systems, telecommunications systems, closed circuit television systems and traffic control and all other Centre Management Systemscontrol. Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Centre Estate and otherwise in connection with the Services. Providing accommodation for staff, plant, furniture, equipment and vehicles used in providing the Services, and all outgoings on them. Employing or procuring agents, contractors or others as the Landlord decides in connection with the Services. Storing, compacting, recycling and disposing of refuse. Planting, replanting and maintaining landscape features in the Common Parts. Providing customer service facilities for visitors to the Centre, including guest Wi-Fi servicesEstate. Pest and infection control. Gritting, and clearing snow from, the Common Parts. Promoting and advertising the Centre and staging activities and exhibitions within the Centre. Providing seasonal decorations within the Centre. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the CentreEstate. Providing any further services for maintaining and securing the amenities of the CentreEstate. Managing and administering service charge accounts for the Services and the Centre Estate including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the Centre Estate and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing disabled access requirements for the Centre Estate and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing the Environmental Performance of the Centre and, Estate and where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Centre Estate from time to time. Carrying out or implementing any Recommended Improvement Measures, Operational Rating Measures or any other works or measures to implement any Action Plan in respect of all or any part of the Common Parts (or any other similar or replacement obligation) from time to time103time74. Interest costs reasonably incurred by the Landlord on borrowing from a UK clearing bank or, if the Landlord uses its own moneys, an amount equal to the interest costs that would have been incurred if the Landlord had borrowed from a UK clearing bank at reasonable commercial rates. Interest costs will be reasonably incurred under this paragraph if: the Landlord has to meet an immediate liability where the service charge funds held by the Landlord are insufficient for that purpose and the shortfall does not result from any caps on the amount of service charge recoverable, any non-payment of service charges by other tenants or any unlet Lettable Unit; or the Landlord decides at its absolute discretion to incur service charge expenditure in one Accounting Period accounting period and recover that expenditure over two or more Accounting Periodsaccounting periods. Service Charge exclusions Exclusions Costs arising from any damage or destruction to the Centre Estate caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the CentreEstate. Costs of upgrading, innovation or improvement resulting from any repair, maintenance, reinstatement, rebuilding or replacement, but this will not prevent the Landlord including costs within the Service Costs which arise: where an item is to be replaced by way of repair and the replacement is broadly the modern day or up-to-date equivalent of what was there previously; where the Landlord considers replacement to be more economical than repair (and the Landlord is entitled to take into consideration the medium/long-term benefits of replacement); where an item has to be replaced or installed to comply with any Act or the requirements of the insurers; or where replacement or renewal is reasonable and cost-effective and will reduce operating costs for the benefit of the tenants of the Lettable Units[ Units [or improve for the tenants the Environmental Performance of the CentreEstate]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the CentreEstate. Unrecovered costs due from another tenant of the CentreEstate. Costs incurred in dealing with the Landlord’s 's interest in the CentreEstate, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord’s 's interest in the CentreEstate. [Costs incurred Insurance and Damage Provisions Tenant's insurance obligations The Tenant must pay on demand: a fair and reasonable proportion of: the sums the Landlord pays75 to comply with paragraphs 2.1.1 and 2.1.2; if not recovered through the Service Charge, the sums the Landlord pays to insure all plant, machinery, apparatus and vehicles used in running providing the Services; the cost of valuations of the Estate and maintaining the Car Park at Premises for insurance purposes made not more than once a year; and the Centre amount of any excess or deductible under any insurance policy that the Landlord incurs or will incur in complying with paragraphs 2.3 and 2.4; the whole of the sums the Landlord pays for insuring loss of the Rent and Service Charge for the Risk Period; a sum equal to the amount that the insurers refuse to pay following damage or destruction by an Insured Risk to the Estate because of the Tenant's act or failure to act; and any additional or increased premiums that the insurers may require as a result of the carrying out or retention of any Permitted Works or the Tenant's or any lawful occupier's use of the Premises. The Tenant must comply with the requirements of the insurers and must not do anything that may invalidate any insurance. The Tenant must not use the Premises for any purpose or carry out or retain any Permitted Works that may make any additional premium payable for the insurance of the Premises or the Estate, unless it has first agreed to pay the whole of that additional premium. The Tenant must notify the Landlord as soon as practicable after it becomes aware of any damage to or destruction of the Premises by any of the Insured Risks or by an Uninsured Risk. The Tenant must keep insured, in a sufficient sum and with a reputable insurer, public liability risks relating to the Premises. Landlord's insurance obligations The Landlord must insure (with a reputable insurer): the Estate against the Insured Risks in its full reinstatement cost (including all professional fees and incidental expenses, debris removal, site clearance and irrecoverable VAT); against public liability relating to the Estate; and loss of the Rent and Service Charge for the Risk Period, subject to all excesses, limitations and exclusions as the insurers may impose and otherwise on the insurers' usual terms. In relation to the insurance, the Landlord must: procure the Tenant's right to the Premises is noted either specifically or generically on the policy; take reasonable steps to procure that the insurers waive any rights of subrogation they might have against the Tenant (either specifically or generically); notify the Tenant promptly of all material variations; and provide the Tenant with a summary of its main terms on the Tenant’s written request. The Landlord must take reasonable steps to obtain any consents necessary for the reinstatement of the Estate following destruction or damage by an Insured Risk. Where it is lawful to do so, the Landlord must reinstate the Estate following destruction or damage by an Insured Risk. Reinstatement need not be identical if the replacement is similar in size, quality and layout. Nothing in this paragraph 2 imposes any obligation on the Landlord to insure or to reinstate tenant's fixtures forming part of the Premises or the Estate. The Landlord's obligations under paragraphs 2.3 and 2.4 will not apply: unless and until the Tenant has paid the amounts referred to in paragraph 1.1.1(d) and, where parking applicable, paragraph 1.1.3; or if the Landlord notifies the Tenant under paragraph 4.1 that it ends this Lease. If there is charged destruction or damage to the Estate by an Uninsured Risk that leaves the whole or substantially the whole of the Premises unfit for occupation and use or inaccessible and the Landlord keeps notifies the charges.]104 Weighting105Tenant within 12 months afterwards that the Landlord wishes to reinstate, paragraphs 2.3 and 2.4 will then apply as if the damage or destruction had been caused by an Insured Risk. Subject to the insurance premiums being reasonable and proper and reasonably and properly incurred, the Landlord will be entitled to retain all insurance commissions for its own benefit. Rent suspension
Appears in 1 contract
Samples: Lease
Service Charge disputes. If any dispute arises in connection with the Service Charge, the Landlord and the Tenant must attempt to resolve it by appropriate alternative means before resorting to court proceedings. The Except in relation to obvious errors, the Tenant must not raise any dispute in connection with the Service Charge Statement will (except for obvious error) become binding on the parties more than four months after it is the Service Charge Statement has been delivered to the Tenant or (if later) once any dispute relating to it and arising during that period has been settled or decided.97 Tenant.94 Variation in the proportion of the Service Charge payable98 payable95 In calculating the [Tenant’s 's Proportion] [Service Charge] for any of the Services, the Landlord’s 's surveyor may make any adjustment that is fair and reasonable in all the circumstances, having regard to taking into consideration the relative degree of benefit obtained by the Tenant and other tenants at the Centre from those Services, including by dividing the services and charges set out in paragraph 3 of this Part of the Schedule Services into separate categories and applying weighting to those categories to take into account differing uses or operating hourshours or other relevant factors. If there is any change in the extent of the Centre, the Landlord must, where it is appropriate to do so, vary the [Tenant’s 's Proportion] [Service Charge] as is reasonable to take account of that change but the [Tenant’s 's Proportion] [Service Charge] will not materially increase solely as a result of any change in the extent of the Centre. The [Tenant’s 's Proportion] [Service Charge] must not be increased by reason only that any Lettable Units: remain are or have been unlet; are let on terms that do not require the tenant or other occupier to pay a service charge; or are let on terms that cap the liability of any tenant or other occupier for service charge. Landlord’s obligations Provision of Services The Landlord, acting reasonably and in the interests of good estate management:99 [must supply the Services in an efficient manner at all appropriate times; and100 may vary, reduce or extend those Services.] OR [must supply the Services listed in paragraphs 3.1 to 3.[Insert number] of this Part of the Schedule in an efficient manner at all appropriate times; may supply all or any of the remaining Services listed in paragraph 3 of this Part of the Schedule; and may vary, reduce or extend those Services.] Landlord’s rights and responsibilities The Landlord: may from time to time employ such agents, contractors or others as the Landlord decides; will not be responsible for any interruption in the supply of the Services due to any circumstances outside the Landlord’s control or due to any necessary maintenance, repair, replacement, renewal, servicing, inspection or testing, but must take reasonable steps to restore the supply as soon as reasonably practicable; must take into consideration the administrative, accounting, procurement, management and operational provisions of the Service Charge Code for so long as it is in effect insofar as it is:101 reasonably practicable to do so; consistent with the Landlord’s obligations under this Lease; and consistent with the economic and efficient management of the Centre (taking into consideration all the circumstances including the terms of the leases of other Lettable Units); [and] must take into consideration current practice in estate management if the Service Charge Code is no longer published[; and must net off the Centre Contribution for any Accounting Period against the Service Costs for the same Accounting Period]. [The Landlord will take reasonable steps to notify the Tenant in advance of the service charge budget for each Accounting Period and of any material changes in the service charge budget that subsequently arise.] Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Centre and all Common Parts and Conducting Media, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the Centre, Common Parts and Conducting Media and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning any facilities (including means of access, Conducting Media, party walls and other boundary structures) used in common between the Centre and any adjoining premises, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the facilities used in common and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Lighting the Common Parts. Heating, [providing air-conditioning to] and ventilating the [Common Parts] [Centre] 102. Lighting the exterior of the Centre and any facilities used in common between the Centre and any adjoining premises. Providing hot and cold water to, and maintaining operational supplies in, the toilets in the Common Parts. Supply Costs incurred in providing the Services. All existing and future rates, taxes, duties, charges and financial impositions charged on the Common Parts or the Centre as a whole (and a fair proportion of those levied on the Centre along with any adjoining premises). Providing, inspecting, maintaining (including by maintenance contracts and insurance against sudden and unforeseen breakdown), repairing, renewing, replacing, upgrading and operating: all plant, machinery, apparatus and vehicles used in providing the Services and all signage in the Common Parts; and security, fire fighting and fire detection equipment (excluding portable fire extinguishers in the Premises), fire alarm systems, public address systems, telecommunications systems, closed circuit television systems and traffic control and all other Centre Management Systems. Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Centre and otherwise in connection with the Services. Providing accommodation for staff, plant, furniture, equipment and vehicles used in providing the Services, and all outgoings on them. Employing or procuring agents, contractors or others as the Landlord decides in connection with the Services. Storing, compacting, recycling and disposing of refuse. Planting, replanting and maintaining landscape features in the Common Parts. Providing customer service facilities for visitors to the Centre, including guest Wi-Fi services. Pest and infection control. Gritting, and clearing snow from, the Common Parts. Promoting and advertising the Centre and staging activities and exhibitions within the Centre. Providing seasonal decorations within the Centre. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the Centre. Providing any further services for maintaining and securing the amenities of the Centre. Managing and administering service charge accounts for the Services and the Centre including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the Centre and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing disabled access requirements for the Centre and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing the Environmental Performance of the Centre and, where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Centre from time to time. Carrying out or implementing any Recommended Improvement Measures, Operational Rating Measures or any other works or measures to implement any Action Plan (or any other similar or replacement obligation) from time to time103. Interest costs reasonably incurred by the Landlord on borrowing from a UK clearing bank or, if the Landlord uses its own moneys, an amount equal to the interest costs that would have been incurred if the Landlord had borrowed from a UK clearing bank at reasonable commercial rates. Interest costs will be reasonably incurred under this paragraph if: the Landlord has to meet an immediate liability where the service charge funds held by the Landlord are insufficient for that purpose and the shortfall does not result from any caps on the amount of service charge recoverable, any non-payment of service charges by other tenants or any unlet Lettable Unit; or the Landlord decides at its absolute discretion to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Charge exclusions Costs arising from any damage or destruction to the Centre caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Centre. Costs of upgrading, innovation or improvement resulting from any repair, maintenance, reinstatement, rebuilding or replacement, but this will not prevent the Landlord including costs within the Service Costs which arise: where an item is to be replaced by way of repair and the replacement is broadly the modern day or up-to-date equivalent of what was there previously; where the Landlord considers replacement to be more economical than repair (and the Landlord is entitled to take into consideration the medium/long-term benefits of replacement); where an item has to be replaced or installed to comply with any Act or the requirements of the insurers; or where replacement or renewal is reasonable and cost-effective and will reduce operating costs for the benefit of the tenants of the Lettable Units[ or improve for the tenants the Environmental Performance of the Centre]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Centre. Unrecovered costs due from another tenant of the Centre. Costs incurred in dealing with the Landlord’s interest in the Centre, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord’s interest in the Centre. [Costs incurred in running and maintaining the Car Park at the Centre where parking is charged for and the Landlord keeps the charges.]104 Weighting105's obligations
Appears in 1 contract
Samples: Lease
Service Charge disputes. If any dispute arises in connection with the Service Charge, the Landlord and the Tenant must attempt to resolve it by appropriate alternative means before resorting to court proceedings. The Except in relation to obvious errors, the Tenant must not raise any dispute in connection with the Service Charge Statement will (except for obvious error) become binding on the parties more than four months after it is the Service Charge Statement has been delivered to the Tenant or (if later) once any dispute relating to it and arising during that period has been settled or decided.97 Tenant.98 Variation in the proportion of the Service Charge payable98 payable99 In calculating the [Tenant’s 's Proportion] [Service Charge] for any of the Services, the Landlord’s 's surveyor may make any adjustment that is fair and reasonable in all the circumstances, having regard to taking into consideration the relative degree of benefit obtained by the Tenant and other tenants at the Centre Estate from those Services, including by dividing the services and charges set out in paragraph 3 of this Part of the Schedule Services into separate categories and applying weighting to those categories to take into account differing uses or operating hourshours or other relevant factors. If there is any change in the extent of the CentreEstate, the Landlord must, where it is appropriate to do so, vary the [Tenant’s 's Proportion] [Service Charge] as is reasonable to take account of that change but the [Tenant’s 's Proportion] [Service Charge] will not materially increase solely as a result of any change in the extent of the CentreEstate. The [Tenant’s 's Proportion] [Service Charge] must not be increased by reason only that any Lettable Units: remain are or have been unlet; are let on terms that do not require the tenant or other occupier to pay a service charge; or are let on terms that cap the liability of any tenant or other occupier for service charge. Landlord’s obligations Provision of Services The Landlord, acting reasonably and in the interests of good estate management:99 [must supply the Services in an efficient manner at all appropriate times; and100 may vary, reduce or extend those Services.] OR [must supply the Services listed in paragraphs 3.1 to 3.[Insert number] of this Part of the Schedule in an efficient manner at all appropriate times; may supply all or any of the remaining Services listed in paragraph 3 of this Part of the Schedule; and may vary, reduce or extend those Services.] Landlord’s rights and responsibilities The Landlord: may from time to time employ such agents, contractors or others as the Landlord decides; will not be responsible for any interruption in the supply of the Services due to any circumstances outside the Landlord’s control or due to any necessary maintenance, repair, replacement, renewal, servicing, inspection or testing, but must take reasonable steps to restore the supply as soon as reasonably practicable; must take into consideration the administrative, accounting, procurement, management and operational provisions of the Service Charge Code for so long as it is in effect insofar as it is:101 reasonably practicable to do so; consistent with the Landlord’s obligations under this Lease; and consistent with the economic and efficient management of the Centre (taking into consideration all the circumstances including the terms of the leases of other Lettable Units); [and] must take into consideration current practice in estate management if the Service Charge Code is no longer published[; and must net off the Centre Contribution for any Accounting Period against the Service Costs for the same Accounting Period]. [The Landlord will take reasonable steps to notify the Tenant in advance of the service charge budget for each Accounting Period and of any material changes in the service charge budget that subsequently arise.] Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Centre and all Common Parts and Conducting Media, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the Centre, Common Parts and Conducting Media and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning any facilities (including means of access, Conducting Media, party walls and other boundary structures) used in common between the Centre and any adjoining premises, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the facilities used in common and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Lighting the Common Parts. Heating, [providing air-conditioning to] and ventilating the [Common Parts] [Centre] 102. Lighting the exterior of the Centre and any facilities used in common between the Centre and any adjoining premises. Providing hot and cold water to, and maintaining operational supplies in, the toilets in the Common Parts. Supply Costs incurred in providing the Services. All existing and future rates, taxes, duties, charges and financial impositions charged on the Common Parts or the Centre as a whole (and a fair proportion of those levied on the Centre along with any adjoining premises). Providing, inspecting, maintaining (including by maintenance contracts and insurance against sudden and unforeseen breakdown), repairing, renewing, replacing, upgrading and operating: all plant, machinery, apparatus and vehicles used in providing the Services and all signage in the Common Parts; and security, fire fighting and fire detection equipment (excluding portable fire extinguishers in the Premises), fire alarm systems, public address systems, telecommunications systems, closed circuit television systems and traffic control and all other Centre Management Systems. Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Centre and otherwise in connection with the Services. Providing accommodation for staff, plant, furniture, equipment and vehicles used in providing the Services, and all outgoings on them. Employing or procuring agents, contractors or others as the Landlord decides in connection with the Services. Storing, compacting, recycling and disposing of refuse. Planting, replanting and maintaining landscape features in the Common Parts. Providing customer service facilities for visitors to the Centre, including guest Wi-Fi services. Pest and infection control. Gritting, and clearing snow from, the Common Parts. Promoting and advertising the Centre and staging activities and exhibitions within the Centre. Providing seasonal decorations within the Centre. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the Centre. Providing any further services for maintaining and securing the amenities of the Centre. Managing and administering service charge accounts for the Services and the Centre including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the Centre and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing disabled access requirements for the Centre and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing the Environmental Performance of the Centre and, where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Centre from time to time. Carrying out or implementing any Recommended Improvement Measures, Operational Rating Measures or any other works or measures to implement any Action Plan (or any other similar or replacement obligation) from time to time103. Interest costs reasonably incurred by the Landlord on borrowing from a UK clearing bank or, if the Landlord uses its own moneys, an amount equal to the interest costs that would have been incurred if the Landlord had borrowed from a UK clearing bank at reasonable commercial rates. Interest costs will be reasonably incurred under this paragraph if: the Landlord has to meet an immediate liability where the service charge funds held by the Landlord are insufficient for that purpose and the shortfall does not result from any caps on the amount of service charge recoverable, any non-payment of service charges by other tenants or any unlet Lettable Unit; or the Landlord decides at its absolute discretion to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Charge exclusions Costs arising from any damage or destruction to the Centre caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Centre. Costs of upgrading, innovation or improvement resulting from any repair, maintenance, reinstatement, rebuilding or replacement, but this will not prevent the Landlord including costs within the Service Costs which arise: where an item is to be replaced by way of repair and the replacement is broadly the modern day or up-to-date equivalent of what was there previously; where the Landlord considers replacement to be more economical than repair (and the Landlord is entitled to take into consideration the medium/long-term benefits of replacement); where an item has to be replaced or installed to comply with any Act or the requirements of the insurers; or where replacement or renewal is reasonable and cost-effective and will reduce operating costs for the benefit of the tenants of the Lettable Units[ or improve for the tenants the Environmental Performance of the Centre]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Centre. Unrecovered costs due from another tenant of the Centre. Costs incurred in dealing with the Landlord’s interest in the Centre, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord’s interest in the Centre. [Costs incurred in running and maintaining the Car Park at the Centre where parking is charged for and the Landlord keeps the charges.]104 Weighting105's obligations
Appears in 1 contract
Samples: Lease
Service Charge disputes. If any dispute arises in connection with the Service Charge, the Landlord and the Tenant must attempt to resolve it by appropriate alternative means before resorting to court proceedings. The Except in relation to obvious errors, the Tenant must not raise any dispute in connection with the Service Charge Statement will (except for obvious error) become binding on the parties more than four months after it is the Service Charge Statement has been delivered to the Tenant or (if later) once any dispute relating to it and arising during that period has been settled or decided.97 Tenant.96 Variation in the proportion of the Service Charge payable98 payable97 In calculating the [Tenant’s 's Proportion] [Service Charge] for any of the Services, the Landlord’s 's surveyor may make any adjustment that is fair and reasonable in all the circumstances, having regard to taking into consideration the relative degree of benefit obtained by the Tenant and other tenants at the Centre Estate from those Services, including by dividing the services and charges set out in paragraph 3 of this Part of the Schedule Services into separate categories and applying weighting to those categories to take into account differing uses or operating hourshours or other relevant factors. If there is any change in the extent of the CentreEstate, the Landlord must, where it is appropriate to do so, vary the [Tenant’s 's Proportion] [Service Charge] as is reasonable to take account of that change but the [Tenant’s 's Proportion] [Service Charge] will not materially increase solely as a result of any change in the extent of the CentreEstate. The [Tenant’s 's Proportion] [Service Charge] must not be increased by reason only that any Lettable Units: remain are or have been unlet; are let on terms that do not require the tenant or other occupier to pay a service charge; or are let on terms that cap the liability of any tenant or other occupier for service charge. Landlord’s obligations Provision of Services The Landlord, acting reasonably and in the interests of good estate management:99 [must supply the Services in an efficient manner at all appropriate times; and100 may vary, reduce or extend those Services.] OR [must supply the Services listed in paragraphs 3.1 to 3.[Insert number] of this Part of the Schedule in an efficient manner at all appropriate times; may supply all or any of the remaining Services listed in paragraph 3 of this Part of the Schedule; and may vary, reduce or extend those Services.] Landlord’s rights and responsibilities The Landlord: may from time to time employ such agents, contractors or others as the Landlord decides; will not be responsible for any interruption in the supply of the Services due to any circumstances outside the Landlord’s control or due to any necessary maintenance, repair, replacement, renewal, servicing, inspection or testing, but must take reasonable steps to restore the supply as soon as reasonably practicable; must take into consideration the administrative, accounting, procurement, management and operational provisions of the Service Charge Code for so long as it is in effect insofar as it is:101 reasonably practicable to do so; consistent with the Landlord’s obligations under this Lease; and consistent with the economic and efficient management of the Centre (taking into consideration all the circumstances including the terms of the leases of other Lettable Units); [and] must take into consideration current practice in estate management if the Service Charge Code is no longer published[; and must net off the Centre Contribution for any Accounting Period against the Service Costs for the same Accounting Period]. [The Landlord will take reasonable steps to notify the Tenant in advance of the service charge budget for each Accounting Period and of any material changes in the service charge budget that subsequently arise.] Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Centre and all Common Parts and Conducting Media, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the Centre, Common Parts and Conducting Media and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning any facilities (including means of access, Conducting Media, party walls and other boundary structures) used in common between the Centre and any adjoining premises, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the facilities used in common and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Lighting the Common Parts. Heating, [providing air-conditioning to] and ventilating the [Common Parts] [Centre] 102. Lighting the exterior of the Centre and any facilities used in common between the Centre and any adjoining premises. Providing hot and cold water to, and maintaining operational supplies in, the toilets in the Common Parts. Supply Costs incurred in providing the Services. All existing and future rates, taxes, duties, charges and financial impositions charged on the Common Parts or the Centre as a whole (and a fair proportion of those levied on the Centre along with any adjoining premises). Providing, inspecting, maintaining (including by maintenance contracts and insurance against sudden and unforeseen breakdown), repairing, renewing, replacing, upgrading and operating: all plant, machinery, apparatus and vehicles used in providing the Services and all signage in the Common Parts; and security, fire fighting and fire detection equipment (excluding portable fire extinguishers in the Premises), fire alarm systems, public address systems, telecommunications systems, closed circuit television systems and traffic control and all other Centre Management Systems. Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Centre and otherwise in connection with the Services. Providing accommodation for staff, plant, furniture, equipment and vehicles used in providing the Services, and all outgoings on them. Employing or procuring agents, contractors or others as the Landlord decides in connection with the Services. Storing, compacting, recycling and disposing of refuse. Planting, replanting and maintaining landscape features in the Common Parts. Providing customer service facilities for visitors to the Centre, including guest Wi-Fi services. Pest and infection control. Gritting, and clearing snow from, the Common Parts. Promoting and advertising the Centre and staging activities and exhibitions within the Centre. Providing seasonal decorations within the Centre. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the Centre. Providing any further services for maintaining and securing the amenities of the Centre. Managing and administering service charge accounts for the Services and the Centre including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the Centre and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing disabled access requirements for the Centre and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing the Environmental Performance of the Centre and, where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Centre from time to time. Carrying out or implementing any Recommended Improvement Measures, Operational Rating Measures or any other works or measures to implement any Action Plan (or any other similar or replacement obligation) from time to time103. Interest costs reasonably incurred by the Landlord on borrowing from a UK clearing bank or, if the Landlord uses its own moneys, an amount equal to the interest costs that would have been incurred if the Landlord had borrowed from a UK clearing bank at reasonable commercial rates. Interest costs will be reasonably incurred under this paragraph if: the Landlord has to meet an immediate liability where the service charge funds held by the Landlord are insufficient for that purpose and the shortfall does not result from any caps on the amount of service charge recoverable, any non-payment of service charges by other tenants or any unlet Lettable Unit; or the Landlord decides at its absolute discretion to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Charge exclusions Costs arising from any damage or destruction to the Centre caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Centre. Costs of upgrading, innovation or improvement resulting from any repair, maintenance, reinstatement, rebuilding or replacement, but this will not prevent the Landlord including costs within the Service Costs which arise: where an item is to be replaced by way of repair and the replacement is broadly the modern day or up-to-date equivalent of what was there previously; where the Landlord considers replacement to be more economical than repair (and the Landlord is entitled to take into consideration the medium/long-term benefits of replacement); where an item has to be replaced or installed to comply with any Act or the requirements of the insurers; or where replacement or renewal is reasonable and cost-effective and will reduce operating costs for the benefit of the tenants of the Lettable Units[ or improve for the tenants the Environmental Performance of the Centre]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Centre. Unrecovered costs due from another tenant of the Centre. Costs incurred in dealing with the Landlord’s interest in the Centre, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord’s interest in the Centre. [Costs incurred in running and maintaining the Car Park at the Centre where parking is charged for and the Landlord keeps the charges.]104 Weighting105's obligations
Appears in 1 contract
Samples: Lease
Service Charge disputes. If any dispute arises in connection with the Service Charge, the Landlord and the Tenant must attempt to resolve it by appropriate alternative means before resorting to court proceedings. The Except in relation to obvious errors, the Tenant must not raise any dispute in connection with the Service Charge Statement will (except for obvious error) become binding on the parties more than four months after it is the Service Charge Statement has been delivered to the Tenant or (if later) once any dispute relating to it and arising during that period has been settled or decided.97 Tenant.99 Variation in the proportion of the Service Charge payable98 payable100 In calculating the [Tenant’s 's Proportion] [Service Charge] for any of the Services, the Landlord’s 's surveyor may make any adjustment that is fair and reasonable in all the circumstances, having regard to taking into consideration the relative degree of benefit obtained by the Tenant and other tenants at the Centre Building or the Estate from those Services, including by dividing the services and charges set out in paragraph 3 of this Part of the Schedule Services into separate categories and applying weighting to those categories to take into account differing uses or operating hourshours or other relevant factors. If there is any change in the extent of the CentreBuilding or the Estate, the Landlord must, where it is appropriate to do so, vary the [Tenant’s 's Proportion] [Service Charge] as is reasonable to take account of that change but the [Tenant’s 's Proportion] [Service Charge] will not materially increase solely as a result of any change in the extent of the CentreBuilding or the Estate. The [Tenant’s 's Proportion] [Service Charge] must not be increased by reason only that any Lettable Units: remain are or have been unlet; are let on terms that do not require the tenant or other occupier to pay a service charge; or are let on terms that cap the liability of any tenant or other occupier for service charge. Landlord’s obligations Provision of Services The Landlord, acting reasonably and in the interests of good estate management:99 [must supply the Services in an efficient manner at all appropriate times; and100 may vary, reduce or extend those Services.] OR [must supply the Services listed in paragraphs 3.1 to 3.[Insert number] of this Part of the Schedule in an efficient manner at all appropriate times; may supply all or any of the remaining Services listed in paragraph 3 of this Part of the Schedule; and may vary, reduce or extend those Services.] Landlord’s rights and responsibilities The Landlord: may from time to time employ such agents, contractors or others as the Landlord decides; will not be responsible for any interruption in the supply of the Services due to any circumstances outside the Landlord’s control or due to any necessary maintenance, repair, replacement, renewal, servicing, inspection or testing, but must take reasonable steps to restore the supply as soon as reasonably practicable; must take into consideration the administrative, accounting, procurement, management and operational provisions of the Service Charge Code for so long as it is in effect insofar as it is:101 reasonably practicable to do so; consistent with the Landlord’s obligations under this Lease; and consistent with the economic and efficient management of the Centre (taking into consideration all the circumstances including the terms of the leases of other Lettable Units); [and] must take into consideration current practice in estate management if the Service Charge Code is no longer published[; and must net off the Centre Contribution for any Accounting Period against the Service Costs for the same Accounting Period]. [The Landlord will take reasonable steps to notify the Tenant in advance of the service charge budget for each Accounting Period and of any material changes in the service charge budget that subsequently arise.] Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Centre and all Common Parts and Conducting Media, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the Centre, Common Parts and Conducting Media and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning any facilities (including means of access, Conducting Media, party walls and other boundary structures) used in common between the Centre and any adjoining premises, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the facilities used in common and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Lighting the Common Parts. Heating, [providing air-conditioning to] and ventilating the [Common Parts] [Centre] 102. Lighting the exterior of the Centre and any facilities used in common between the Centre and any adjoining premises. Providing hot and cold water to, and maintaining operational supplies in, the toilets in the Common Parts. Supply Costs incurred in providing the Services. All existing and future rates, taxes, duties, charges and financial impositions charged on the Common Parts or the Centre as a whole (and a fair proportion of those levied on the Centre along with any adjoining premises). Providing, inspecting, maintaining (including by maintenance contracts and insurance against sudden and unforeseen breakdown), repairing, renewing, replacing, upgrading and operating: all plant, machinery, apparatus and vehicles used in providing the Services and all signage in the Common Parts; and security, fire fighting and fire detection equipment (excluding portable fire extinguishers in the Premises), fire alarm systems, public address systems, telecommunications systems, closed circuit television systems and traffic control and all other Centre Management Systems. Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Centre and otherwise in connection with the Services. Providing accommodation for staff, plant, furniture, equipment and vehicles used in providing the Services, and all outgoings on them. Employing or procuring agents, contractors or others as the Landlord decides in connection with the Services. Storing, compacting, recycling and disposing of refuse. Planting, replanting and maintaining landscape features in the Common Parts. Providing customer service facilities for visitors to the Centre, including guest Wi-Fi services. Pest and infection control. Gritting, and clearing snow from, the Common Parts. Promoting and advertising the Centre and staging activities and exhibitions within the Centre. Providing seasonal decorations within the Centre. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the Centre. Providing any further services for maintaining and securing the amenities of the Centre. Managing and administering service charge accounts for the Services and the Centre including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the Centre and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing disabled access requirements for the Centre and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing the Environmental Performance of the Centre and, where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Centre from time to time. Carrying out or implementing any Recommended Improvement Measures, Operational Rating Measures or any other works or measures to implement any Action Plan (or any other similar or replacement obligation) from time to time103. Interest costs reasonably incurred by the Landlord on borrowing from a UK clearing bank or, if the Landlord uses its own moneys, an amount equal to the interest costs that would have been incurred if the Landlord had borrowed from a UK clearing bank at reasonable commercial rates. Interest costs will be reasonably incurred under this paragraph if: the Landlord has to meet an immediate liability where the service charge funds held by the Landlord are insufficient for that purpose and the shortfall does not result from any caps on the amount of service charge recoverable, any non-payment of service charges by other tenants or any unlet Lettable Unit; or the Landlord decides at its absolute discretion to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Charge exclusions Costs arising from any damage or destruction to the Centre caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Centre. Costs of upgrading, innovation or improvement resulting from any repair, maintenance, reinstatement, rebuilding or replacement, but this will not prevent the Landlord including costs within the Service Costs which arise: where an item is to be replaced by way of repair and the replacement is broadly the modern day or up-to-date equivalent of what was there previously; where the Landlord considers replacement to be more economical than repair (and the Landlord is entitled to take into consideration the medium/long-term benefits of replacement); where an item has to be replaced or installed to comply with any Act or the requirements of the insurers; or where replacement or renewal is reasonable and cost-effective and will reduce operating costs for the benefit of the tenants of the Lettable Units[ or improve for the tenants the Environmental Performance of the Centre]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Centre. Unrecovered costs due from another tenant of the Centre. Costs incurred in dealing with the Landlord’s interest in the Centre, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord’s interest in the Centre. [Costs incurred in running and maintaining the Car Park at the Centre where parking is charged for and the Landlord keeps the charges.]104 Weighting105's obligations
Appears in 1 contract
Samples: Lease
Service Charge disputes. If any dispute arises in connection with the Service Charge, the Landlord and the Tenant must attempt to resolve it by appropriate alternative means before resorting to court proceedings. The Service Charge Statement will (except for obvious error) become binding on the parties four months after it is delivered to the Tenant or (if later) once any dispute relating to it and arising during that period has been settled or decided.97 decided.90 Variation in the proportion of the Service Charge payable98 payable91 In calculating the [Tenant’s Proportion] [Service Charge] for any of the Services, the Landlord’s surveyor may make any adjustment that is fair and reasonable in all the circumstances, having regard to the relative degree of benefit obtained by the Tenant and other tenants at the Centre from those Services, including by dividing the services and charges set out in paragraph 3 of this Part of the Schedule into separate categories and applying weighting to those categories to take into account differing uses or operating hours. If there is any change in the extent of the Centre, the Landlord must, where it is appropriate to do so, vary the [Tenant’s Proportion] [Service Charge] as is reasonable to take account of that change but the [Tenant’s Proportion] [Service Charge] will not materially increase solely as a result of any change in the extent of the Centre. The [Tenant’s Proportion] [Service Charge] must not be increased by reason only that any Lettable Units: remain unlet; are let on terms that do not require the tenant or other occupier to pay a service charge; or are let on terms that cap the liability of any tenant or other occupier for service charge. Landlord’s obligations Provision of Services The Landlord, acting reasonably and in the interests of good estate management:99 management:92 [must supply the Services in an efficient manner at all appropriate times; and100 and may vary, reduce or extend those Services.] OR [must supply the Services listed in paragraphs 3.1 to 3.[Insert number] of this Part of the Schedule in an efficient manner at all appropriate times; may supply all or any of the remaining Services listed in paragraph 3 of this Part of the Schedule; and may vary, reduce or extend those Services.] Landlord’s rights and responsibilities The Landlord: may from time to time employ such agents, contractors or others as the Landlord decides; will not be responsible for any interruption in the supply of the Services due to any circumstances outside the Landlord’s control or due to any necessary maintenance, repair, replacement, renewal, servicing, inspection or testing, but must take reasonable steps to restore the supply as soon as reasonably practicable; must take into consideration the administrative, accounting, procurement, management and operational provisions of the Service Charge Code for so long as it is in effect insofar as it is:101 is:93 reasonably practicable to do so; consistent with the Landlord’s obligations under this Lease; and consistent with the economic and efficient management of the Centre (taking into consideration all the circumstances including the terms of the leases of other Lettable Units); [and] must take into consideration current practice in estate management if the Service Charge Code is no longer published[; and must net off the Centre Contribution for any Accounting Period accounting period against the Service Costs for the same Accounting Periodaccounting period]. [The Landlord will take reasonable steps to notify the Tenant in advance of the service charge budget for each Accounting Period accounting period and of any material changes in the service charge budget that subsequently arise.] Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Centre and all Common Parts and Conducting Media, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the Centre, Common Parts and Conducting Media and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning any facilities (including means of access, Conducting Media, party walls and other boundary structures) used in common between the Centre and any adjoining premises, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the facilities used in common and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Lighting the Common Parts. HeatingLighting, heating, [providing air-conditioning to] and ventilating the [Common Parts] [Centre] 102. Lighting the exterior of the Centre and any facilities used in common between the Centre and any adjoining premises. Providing hot and cold water to, and maintaining operational supplies in, the toilets in the Common Parts. Supply Costs incurred in providing the Services. All existing and future rates, taxes, duties, charges and financial impositions charged on the Common Parts or the Centre as a whole (and a fair proportion of those levied on the Centre along with any adjoining premises). Providing, inspecting, maintaining (including by maintenance contracts and insurance against sudden and unforeseen breakdown), repairing, renewing, replacing, upgrading and operating: all plant, machinery, apparatus and vehicles used in providing the Services and all signage in the Common Parts; and security, fire fighting and fire detection equipment (excluding portable fire extinguishers in the Premises), fire alarm systems, public address systems, telecommunications systems, closed circuit television systems and traffic control and all other Centre Management Systems. Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Centre and otherwise in connection with the Services. Providing accommodation for staff, plant, furniture, equipment and vehicles used in providing the Services, and all outgoings on them. Employing or procuring agents, contractors or others as the Landlord decides in connection with the Services. Storing, compacting, recycling and disposing of refuse. Planting, replanting and maintaining landscape features in the Common Parts. Providing customer service facilities for visitors to the Centre, including guest Wi-Fi services. Pest and infection control. Gritting, and clearing snow from, the Common Parts. Promoting and advertising the Centre and staging activities and exhibitions within the Centre. Providing seasonal decorations within the Centre. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the Centre. Providing any further services for maintaining and securing the amenities of the Centre. Managing and administering service charge accounts for the Services and the Centre including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the Centre and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing disabled access requirements for the Centre and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing the Environmental Performance of the Centre and, and where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Centre from time to time. Carrying out or implementing any Recommended Improvement Measures, Operational Rating Measures or any other works or measures to implement any Action Plan (or any other similar or replacement obligation) from time to time103time94. Interest costs reasonably incurred by the Landlord on borrowing from a UK clearing bank or, if the Landlord uses its own moneys, an amount equal to the interest costs that would have been incurred if the Landlord had borrowed from a UK clearing bank at reasonable commercial rates. Interest costs will be reasonably incurred under this paragraph if: the Landlord has to meet an immediate liability where the service charge funds held by the Landlord are insufficient for that purpose and the shortfall does not result from any caps on the amount of service charge recoverable, any non-payment of service charges by other tenants or any unlet Lettable Unit; or the Landlord decides at its absolute discretion to incur service charge expenditure in one Accounting Period accounting period and recover that expenditure over two or more Accounting Periods. Service Charge exclusions Costs arising from any damage or destruction to the Centre caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Centre. Costs of upgrading, innovation or improvement resulting from any repair, maintenance, reinstatement, rebuilding or replacement, but this will not prevent the Landlord including costs within the Service Costs which arise: where an item is to be replaced by way of repair and the replacement is broadly the modern day or up-to-date equivalent of what was there previously; where the Landlord considers replacement to be more economical than repair (and the Landlord is entitled to take into consideration the medium/long-term benefits of replacement); where an item has to be replaced or installed to comply with any Act or the requirements of the insurers; or where replacement or renewal is reasonable and cost-effective and will reduce operating costs for the benefit of the tenants of the Lettable Units[ or improve for the tenants the Environmental Performance of the Centre]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Centre. Unrecovered costs due from another tenant of the Centre. Costs incurred in dealing with the Landlord’s interest in the Centre, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord’s interest in the Centre. [Costs incurred in running and maintaining the Car Park at the Centre where parking is charged for and the Landlord keeps the charges.]104 Weighting105accounting periods.
Appears in 1 contract
Samples: Lease
Service Charge disputes. If any dispute arises in connection with the Service Charge, the Landlord and the Tenant must attempt to resolve it by appropriate alternative means before resorting to court proceedings. The Service Charge Statement will (except for obvious error) become binding on the parties four months after it is delivered to the Tenant or (if later) once any dispute relating to it and arising during that period has been settled or decided.97 decided.80 Variation in the proportion of the Service Charge payable98 payable In calculating the [Tenant’s Proportion] [Service Charge] Charge for any of the Services, the Landlord’s 's surveyor may make any adjustment that is fair and reasonable in all the circumstances, having regard to the relative degree of benefit obtained by the Tenant and other tenants at the Centre Building from those Services, including by dividing the services and charges set out in paragraph 3 3. of this Part of the Schedule into separate categories and applying weighting to those categories to take into account differing uses or operating hours. If there is any change in the extent of the CentreBuilding, the Landlord must, where it is appropriate to do so, vary the [Tenant’s Proportion] [Service Charge] Charge as is reasonable to take account of that change but the [Tenant’s Proportion] [Service Charge] Charge will not materially increase solely as a result of any change in the extent of the CentreBuilding. The [Tenant’s Proportion] [Service Charge] Charge must not be increased by reason only that any Lettable Units: remain unlet; are let on terms that do not require the tenant or other occupier to pay a service charge; or are let on terms that cap the liability of any tenant or other occupier for service charge. Landlord’s 's obligations Provision of Services The Landlord, acting reasonably and in the interests of good estate management:99 management:81 [must supply the Services in an efficient manner at all appropriate times; and100 and may vary, reduce or extend those Services.] OR [must supply the Services listed in paragraphs 3.1 to 3.[Insert number] of this Part of the Schedule in an efficient manner at all appropriate times; may supply all or any of the remaining Services listed in paragraph 3 3. of this Part of the Schedule; and may vary, reduce or extend those Services.] Landlord’s 's rights and responsibilities The Landlord: may from time to time employ such agents, contractors or others as the Landlord decides; will not be responsible for any interruption in the supply of the Services due to any circumstances outside the Landlord’s 's control or due to any necessary maintenance, repair, replacement, renewal, servicing, inspection or testing, but must take reasonable steps to restore the supply as soon as reasonably practicable; must take into consideration the administrative, accounting, procurement, management and operational provisions of the Service Charge Code for so long as it is in effect insofar as it is:101 is:82 reasonably practicable to do so; consistent with the Landlord’s 's obligations under this Lease; and consistent with the economic and efficient management of the Centre Building (taking into consideration all the circumstances including the terms of the leases of other Lettable Units); [and] and must take into consideration current practice in estate management if the Service Charge Code is no longer published[; and must net off the Centre Contribution for any Accounting Period against the Service Costs for the same Accounting Period]. [The Landlord will take reasonable steps to notify the Tenant in advance of the service charge budget for each Accounting Period accounting period and of any material changes in the service charge budget that subsequently arise.] Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Centre Building and all Common Parts and Conducting Media, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the Centre, Building and Common Parts and Conducting Media and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning any facilities (including means of access, Conducting Media, party walls and other boundary structures) used in common between the Centre Building and any adjoining premises, including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the facilities used in common and (2) the cause of damage, deterioration or destruction even if the cause is a latent or inherent defect. Lighting The costs of cleaning [the surfaces of any atrium facing onto the Common PartsParts and] the external surfaces of the window and window frames in the Building (but not the shopfront of the Premises) and providing and maintaining plant, facilities and equipment for these purposes. HeatingLighting, heating, [providing air-conditioning to] and ventilating the [Common Parts] [Centre] 102. Lighting the exterior of the Centre Building and any facilities used in common between the Centre Building and any adjoining premises. Providing hot and cold water to, and maintaining operational supplies in, the toilets in the Common Parts. Supply Costs incurred in providing the Services. All existing and future rates, taxes, duties, charges and financial impositions charged on the Common Parts or the Centre Building as a whole (and a fair proportion of those levied on the Centre Building along with any adjoining premises). Providing, inspecting, maintaining (including by maintenance contracts and insurance against sudden and unforeseen breakdown), repairing, renewing, replacing, upgrading and operating: all plant, machinery, apparatus and vehicles used in providing the Services and all signage in the Common Parts; and security, fire fighting and fire detection equipment (excluding portable fire extinguishers in the Premises), fire alarm systems, public address systems, telecommunications systems, closed circuit television systems and traffic control and all other Centre Building Management Systems. Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Centre Building and otherwise in connection with the Services. Providing accommodation for staff, plant, furniture, equipment and vehicles used in providing the Services, and all outgoings on them. Employing or procuring agents, contractors or others as the Landlord decides in connection with the Services. Storing, compacting, recycling and disposing of refuse. Planting, replanting and maintaining landscape features in the Common Parts. Providing, cleaning and renewing carpeting in the Common Parts. Providing customer service facilities for visitors to the Centre, including guest Wi-Fi servicesBuilding. Pest and infection control. Gritting, and clearing snow from, the Common Parts. Promoting and advertising the Centre and staging activities and exhibitions within the Centre. Providing seasonal decorations within the CentreBuilding. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the CentreBuilding. Providing any further services for maintaining and securing the amenities of the CentreBuilding. Managing and administering service charge accounts for the Services and the Centre Building including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the Centre Building and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing disabled access requirements for the Centre Building and, where required by law or reasonable and cost-effective to do so, implementing the recommendations of that audit. Auditing the Environmental Performance of the Centre and, Building and where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Centre Building from time to time. Carrying out or implementing any Recommended Improvement Measures, Operational Rating Measures or any other works or measures to implement any Action Plan (or any other similar or replacement obligation) from time to time103time83. Interest costs reasonably incurred by the Landlord on borrowing from a UK clearing bank or, if the Landlord uses its own moneys, an amount equal to the interest costs that would have been incurred if the Landlord had borrowed from a UK clearing bank at reasonable commercial rates. Interest costs will be reasonably incurred under this paragraph if: the Landlord has to meet an immediate liability where the service charge funds held by the Landlord are insufficient for that purpose and the shortfall does not result from any caps on the amount of service charge recoverable, any non-payment of service charges by other tenants or any unlet Lettable Unit; or the Landlord decides at its absolute discretion to incur service charge expenditure in one Accounting Period accounting period and recover that expenditure over two or more Accounting Periodsaccounting periods. Service Charge exclusions Exclusions Costs arising from any damage or destruction to the Centre Building caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the CentreBuilding. Costs of upgrading, innovation or improvement resulting from any repair, maintenance, reinstatement, rebuilding or replacement, but this will not prevent the Landlord including costs within the Service Costs which arise: where an item is to be replaced by way of repair and the replacement is broadly the modern day or up-to-date equivalent of what was there previously; where the Landlord considers replacement to be more economical than repair (and the Landlord is entitled to take into consideration the medium/long-term benefits of replacement); where an item has to be replaced or installed to comply with any Act or the requirements of the insurers; or where replacement or renewal is reasonable and cost-effective and will reduce operating costs for the benefit of the tenants of the Lettable Units[ Units [or improve for the tenants the Environmental Performance of the CentreBuilding]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the CentreBuilding. Unrecovered costs due from another tenant of the CentreBuilding. Costs incurred in dealing with the Landlord’s 's interest in the CentreBuilding, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord’s 's interest in the CentreBuilding. [Costs incurred Insurance and Damage Provisions Tenant's insurance obligations The Tenant must pay on demand: a fair and reasonable proportion of: the sums the Landlord pays84 to comply with paragraphs 2.1.1 and 2.1.2; if not recovered through the Service Charge, the sums the Landlord pays to insure all plant, machinery, apparatus and vehicles used in running providing the Services; the cost of valuations of the Building and maintaining the Car Park at Premises for insurance purposes made not more than once a year; and the Centre amount of any excess or deductible under any insurance policy that the Landlord incurs or will incur in complying with paragraphs 2.3 and 2.4; the whole of the sums the Landlord pays for insuring loss of the Rent and Service Charge for the Risk Period; a sum equal to the amount that the insurers refuse to pay following damage or destruction by an Insured Risk to the Building because of the Tenant's act or failure to act; and any additional or increased premiums that the insurers may require as a result of the carrying out or retention of any Permitted Works or the Tenant's or any lawful occupier's use of the Premises. The Tenant must comply with the requirements of the insurers and must not do anything that may invalidate any insurance. The Tenant must not use the Premises for any purpose or carry out or retain any Permitted Works that may make any additional premium payable for the insurance of the Premises or the Building, unless it has first agreed to pay the whole of that additional premium. The Tenant must notify the Landlord as soon as practicable after it becomes aware of any damage to or destruction of the Premises by any of the Insured Risks or by an Uninsured Risk. The Tenant must keep insured, in a sufficient sum and with a reputable insurer, public liability risks relating to the Premises. Landlord's insurance obligations The Landlord must insure (with a reputable insurer): the Building against the Insured Risks in its full reinstatement cost (including all professional fees and incidental expenses, debris removal, site clearance and irrecoverable VAT); against public liability relating to the Building; and loss of the Rent and Service Charge for the Risk Period, subject to all excesses, limitations and exclusions as the insurers may impose and otherwise on the insurers' usual terms. In relation to the insurance, the Landlord must: procure the Tenant's right to the Premises is noted either specifically or generically on the policy; take reasonable steps to procure that the insurers waive any rights of subrogation they might have against the Tenant (either specifically or generically); notify the Tenant promptly of all material variations; and provide the Tenant with a summary of its main terms on the Tenant's written request. The Landlord must take reasonable steps to obtain any consents necessary for the reinstatement of the Building following destruction or damage by an Insured Risk. Where it is lawful to do so, the Landlord must reinstate the Building following destruction or damage by an Insured Risk. Reinstatement need not be identical if the replacement is similar in size, quality and layout. Nothing in this paragraph 2 imposes any obligation on the Landlord to insure or to reinstate tenant's fixtures forming part of the Premises or the Building. Nothing in paragraph 2.4 will require the Landlord to reinstate any Lettable Units other than the Premises. The Landlord's obligations under paragraphs 2.3 and 2.4 will not apply: unless and until the Tenant has paid the amounts referred to in paragraph 1.1.1(d) and, where parking applicable, paragraph 1.1.3; or if the Landlord notifies the Tenant under paragraph 4.1 that it ends this Lease. If there is charged destruction or damage to the Building by an Uninsured Risk that leaves the whole or substantially the whole of the Premises unfit for occupation and use or inaccessible and the Landlord keeps notifies the charges.]104 Weighting105Tenant within 12 months afterwards that the Landlord wishes to reinstate, paragraphs 2.3 and 2.4 will then apply as if the damage or destruction had been caused by an Insured Risk. Subject to the insurance premiums being reasonable and proper and reasonably and properly incurred, the Landlord will be entitled to retain all insurance commissions for its own benefit. Rent suspension
Appears in 1 contract
Samples: Lease