Common use of Service Charge disputes Clause in Contracts

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.88 Variation in the proportion of the Service Charge payable In calculating the 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 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 Building or the Estate, the Landlord must, where it is appropriate to do so, vary the Service Charge as is reasonable to take account of that change but the Service Charge will not materially increase solely as a result of any change in the extent of the Building or the Estate. The 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:89 [must supply the Services in an efficient manner at all appropriate times; 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 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; [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:90 reasonably practicable to do so; consistent with the Landlord's obligations under this Lease; and consistent with the economic and efficient management of the Building and the 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. [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.] Building Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Building and all Building 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 Building and any adjoining premises. The costs of cleaning [the surfaces of 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 and equipment for these purposes. Lighting, heating, [providing air-conditioning to] and ventilating the Building Common Parts. Lighting the exterior of the Building and any facilities used in common between the 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 Building as a whole (and a fair proportion of those levied on the 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 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 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 facilities for visitors to the Building. Pest and infection control. Gritting, and clearing snow from, the Building Common Parts. Providing seasonal decorations within the Building. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the Building. Providing any further services for maintaining and securing the amenities of the Building. Managing and administering service charge accounts for the Building Services and the Building including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the 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 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 Building and where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the 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 time91. 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 in the Building; 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. Building Service Charge exclusions Costs arising from any damage or destruction to the Building caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Building. 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 Building]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Building. Unrecovered costs due from another tenant of the Building. Costs incurred in dealing with the Landlord's interest in the Building, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord's interest in the Building. 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 dealing with any lettings or rent reviews at the 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's interest in the Estate. Part 5

Appears in 1 contract

Samples: Lease

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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.88 Tenant.98 Variation in the proportion of the Service Charge payable payable99 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 taking into consideration the relative degree of benefit obtained by the Tenant and other tenants at the 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 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 Building 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 Building or the Estate. The [Tenant's Proportion] [Service Charge 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:89 [must supply the Services in an efficient manner at all appropriate times; 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 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; [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:90 reasonably practicable to do so; consistent with the Landlord's obligations under this Lease; and consistent with the economic and efficient management of the Building and the 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. [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.] Building Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Building and all Building 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 Building and any adjoining premises. The costs of cleaning [the surfaces of 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 and equipment for these purposes. Lighting, heating, [providing air-conditioning to] and ventilating the Building Common Parts. Lighting the exterior of the Building and any facilities used in common between the 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 Building as a whole (and a fair proportion of those levied on the 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 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 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 facilities for visitors to the Building. Pest and infection control. Gritting, and clearing snow from, the Building Common Parts. Providing seasonal decorations within the Building. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the Building. Providing any further services for maintaining and securing the amenities of the Building. Managing and administering service charge accounts for the Building Services and the Building including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the 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 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 Building and where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the 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 time91. 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 in the Building; 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. Building Service Charge exclusions Costs arising from any damage or destruction to the Building caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Building. 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 Building]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Building. Unrecovered costs due from another tenant of the Building. Costs incurred in dealing with the Landlord's interest in the Building, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord's interest in the Building. 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 dealing with any lettings or rent reviews at the 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's interest in the Estate. Part 5obligations

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.88 decided.80 Variation in the proportion of the Service Charge payable In calculating the 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 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 Building or the EstateBuilding, the Landlord must, where it is appropriate to do so, vary the Service Charge as is reasonable to take account of that change but the Service Charge will not materially increase solely as a result of any change in the extent of the Building or the EstateBuilding. The 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:89 management:81 [must supply the Services in an efficient manner at all appropriate times; 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 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. and paragraph 5. 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; [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:90 is:82 reasonably practicable to do so; consistent with the Landlord's obligations under this Lease; and consistent with the economic and efficient management of the Building and the 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. [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.] Building Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the 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 Building and Common Parts 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 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. The costs of cleaning [the surfaces of any atrium facing onto the Building Common Parts 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. Lighting, heating, [providing air-conditioning to] and ventilating the Building Common Parts. Lighting the exterior of the Building and any facilities used in common between the 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 Building as a whole (and a fair proportion of those levied on the 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 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 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 Building. Pest and infection control. Gritting, and clearing snow from, the Building Common Parts. Providing seasonal decorations within the Building. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the Building. Providing any further services for maintaining and securing the amenities of the Building. Managing and administering service charge accounts for the Building Services and the Building including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the 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 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 Building and where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the 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 time91time83. 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 in the BuildingUnit; 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. Building Service Charge exclusions Exclusions Costs arising from any damage or destruction to the Building caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Building. 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 Building]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Building. Unrecovered costs due from another tenant of the Building. Costs incurred in dealing with the Landlord's interest in the Building, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord's interest in the Building. Estate Services Insurance 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 Damage Provisions Tenant's insurance obligations The Tenant must pay on the Estate Common Parts or the Estate as a whole (and demand: a fair and reasonable proportion of those levied on of: the Estate along sums the Landlord pays84 to comply with any adjoining premises). Supply costs incurred in providing paragraphs 2.1.1 and 2.1.2; if not recovered through the Estate Services. ProvidingService Charge, inspecting, maintaining (including by maintenance contracts and insurance against sudden and unforeseen breakdown), repairing, renewing, replacing, upgrading and operating: the sums the Landlord pays to insure all plant, machinery, apparatus and vehicles used in providing the Estate Services Services; the cost of valuations of the Building and all signage in the Estate Common PartsPremises for insurance purposes made not more than once a year; and security, fire fighting the amount of any excess or deductible under any insurance policy that the Landlord incurs or will incur in complying with paragraphs 2.3 and fire detection equipment (excluding portable fire extinguishers in 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, fire alarm systemsunless 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 address systems, telecommunications systems, closed circuit television systems and traffic controlliability risks relating to the Premises. Employing or procuring all staff Landlord's insurance obligations The Landlord must insure (with a reputable insurer): the Building against the Insured Risks in its full reinstatement cost (including remunerationall professional fees and incidental expenses, incidental benefits debris removal, site clearance and all associated costs irrecoverable VAT); against public liability relating to the Building; and overheads) loss of the Rent and Service Charge for the management Risk Period, subject to all excesses, limitations and security of exclusions as the Estate insurers may impose and otherwise in connection with on the Estate Servicesinsurers' usual terms. 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 In relation to the Estateinsurance, 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. Providing The Landlord must take reasonable steps to obtain any further services consents necessary for maintaining and securing the amenities reinstatement of the EstateBuilding following destruction or damage by an Insured Risk. 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 Where it is lawful to do so, implementing the recommendations 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 that auditthe Premises or the Building. Auditing disabled access requirements for Nothing in paragraph 2.4 will require the Estate 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 required by law applicable, paragraph 1.1.3; 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 notifies the Tenant under paragraph 4.1 that it ends this Lease. If there is destruction or damage to the interest costs Building by an Uninsured Risk that would have been incurred leaves the whole or substantially the whole of the Premises unfit for occupation and use or inaccessible and the Landlord notifies the Tenant within 12 months afterwards that the Landlord wishes to reinstate, paragraphs 2.3 and 2.4 will then apply as 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 had been caused by an Insured Risk or an Uninsured Risk. Capital costs of Subject to the constructioninsurance premiums being reasonable and proper and reasonably and properly incurred, 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 will 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 retain all insurance commissions for the benefit of the tenants of the Lettable Units or improve the Environmental Performance of the Estate. Costs of any unlet Lettable Unitits own benefit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the 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's interest in the Estate. Part 5suspension

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.88 Tenant.100 Variation in the proportion of the Service Charge payable payable101 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 taking into consideration the relative degree of benefit obtained by the Tenant and other tenants at the 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 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 Building 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 Building or the Estate. The [Tenant's Proportion] [Service Charge 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:89 [must supply the Services in an efficient manner at all appropriate times; 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 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; [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:90 reasonably practicable to do so; consistent with the Landlord's obligations under this Lease; and consistent with the economic and efficient management of the Building and the 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. [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.] Building Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Building and all Building 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 Building and any adjoining premises. The costs of cleaning [the surfaces of 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 and equipment for these purposes. Lighting, heating, [providing air-conditioning to] and ventilating the Building Common Parts. Lighting the exterior of the Building and any facilities used in common between the 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 Building as a whole (and a fair proportion of those levied on the 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 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 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 facilities for visitors to the Building. Pest and infection control. Gritting, and clearing snow from, the Building Common Parts. Providing seasonal decorations within the Building. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the Building. Providing any further services for maintaining and securing the amenities of the Building. Managing and administering service charge accounts for the Building Services and the Building including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the 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 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 Building and where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the 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 time91. 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 in the Building; 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. Building Service Charge exclusions Costs arising from any damage or destruction to the Building caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Building. 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 Building]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Building. Unrecovered costs due from another tenant of the Building. Costs incurred in dealing with the Landlord's interest in the Building, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord's interest in the Building. 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 dealing with any lettings or rent reviews at the 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's interest in the Estate. Part 5obligations

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.88 Tenant.96 Variation in the proportion of the Service Charge payable payable97 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 taking into consideration the relative degree of benefit obtained by the Tenant and other tenants at the Building or the Estate Centre from those Services, including by dividing the services and charges set out in paragraph 3. and paragraph 5. 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 Building or the EstateCentre, 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 Building or the EstateCentre. The [Tenant's Proportion] [Service Charge 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:89 [must supply the Services in an efficient manner at all appropriate times; 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 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; [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:90 reasonably practicable to do so; consistent with the Landlord's obligations under this Lease; and consistent with the economic and efficient management of the Building and the 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. [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.] Building Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Building and all Building 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 Building and any adjoining premises. The costs of cleaning [the surfaces of 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 and equipment for these purposes. Lighting, heating, [providing air-conditioning to] and ventilating the Building Common Parts. Lighting the exterior of the Building and any facilities used in common between the 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 Building as a whole (and a fair proportion of those levied on the 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 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 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 facilities for visitors to the Building. Pest and infection control. Gritting, and clearing snow from, the Building Common Parts. Providing seasonal decorations within the Building. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the Building. Providing any further services for maintaining and securing the amenities of the Building. Managing and administering service charge accounts for the Building Services and the Building including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the 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 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 Building and where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the 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 time91. 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 in the Building; 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. Building Service Charge exclusions Costs arising from any damage or destruction to the Building caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Building. 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 Building]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Building. Unrecovered costs due from another tenant of the Building. Costs incurred in dealing with the Landlord's interest in the Building, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord's interest in the Building. 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 dealing with any lettings or rent reviews at the 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's interest in the Estate. Part 5obligations

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.88 decided.87 Variation in the proportion of the Service Charge payable payable88 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 Building or the Estate from those Services, including by dividing the services and charges set out in paragraph 3. and paragraph 5. 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 Building 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 Building 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 obligations Provision of Services services The Landlord, acting reasonably and in the interests of good estate management:89 [must supply the Services in an efficient manner at all appropriate times; 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 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. and paragraph 5. 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; 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; [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:90 reasonably practicable to do so; consistent with the Landlord's obligations under this Lease; and consistent with the economic and efficient management of the 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 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.] Building Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the 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 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 Building Estate and any adjoining premises. The costs , including both ordinary and extraordinary repairs and regardless of cleaning [(1) the surfaces age or state of any atrium facing onto the Building Common Parts and] the external surfaces dilapidation of the window facilities used in common and window frames in (2) the Building and providing and maintaining plantcause of damage, facilities and equipment for these purposesdeterioration or destruction even if the cause is a latent or inherent defect. Lighting, heating, [providing air-conditioning to] and ventilating any indoor amenities within the Building Common Parts. Lighting the exterior of the Building buildings on the Estate and any facilities used in common between the Building Estate 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 Building Estate as a whole (and a fair proportion of those levied on the Building 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 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 Building Management Systemscontrol. Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Building Estate 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 BuildingEstate. Pest and infection control. Gritting, and clearing snow from, the Building Common Parts. Promoting and advertising the Estate and staging activities and exhibitions within the Estate. Providing seasonal decorations within the BuildingEstate. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the BuildingEstate. Providing any further services for maintaining and securing the amenities of the BuildingEstate. Managing and administering service charge accounts for the Building Services and the Building Estate including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the Building 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 Building 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 Building Estate and where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Building 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 relating to in respect of all or any part of the Building Common Parts (or any other similar or replacement obligation) from time to time91. 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 in the BuildingUnit; 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. Building Service Charge exclusions Exclusions Costs arising from any damage or destruction to the Building Estate caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the BuildingEstate. 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 BuildingEstate]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Building. Unrecovered costs due from another tenant of the Building. Costs incurred in dealing with the Landlord's interest in the Building, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord's interest in the Building. 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 dealing with any lettings or rent reviews at the 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's interest in the Estate. Part 5[Costs incurred in running and maintaining any Car Park at the Estate where parking is charged for and the Landlord keeps the charges.]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.88 decided.97 Variation in the proportion of the Service Charge payable payable98 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 Building or the Estate Centre from those Services, including by dividing the services and charges set out in paragraph 3. and paragraph 5. 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 Building or the EstateCentre, 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 Building or the EstateCentre. 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:89 management:99 [must supply the Services in an efficient manner at all appropriate times; and 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 and in paragraphs 5.1 to 5. [Insert 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. and paragraph 5. 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; 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:90 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 Building and the Estate Centre (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 Building Centre 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 Building Centre and any adjoining premises. The costs , including both ordinary and extraordinary repairs and regardless of cleaning [(1) the surfaces age or state of any atrium facing onto the Building Common Parts and] the external surfaces dilapidation of the window facilities used in common and window frames in (2) the Building and providing and maintaining plantcause of damage, facilities and equipment for these purposesdeterioration or destruction even if the cause is a latent or inherent defect. Lighting, heatingLighting the Common Parts. Heating, [providing air-conditioning to] and ventilating the Building [Common Parts] [Centre] 102. Lighting the exterior of the Building Centre and any facilities used in common between the Building Centre 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 Building Centre as a whole (and a fair proportion of those levied on the Building 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 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 Building 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 Building Centre 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 BuildingCentre, including guest Wi-Fi services. 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 BuildingCentre. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the BuildingCentre. Providing any further services for maintaining and securing the amenities of the BuildingCentre. Managing and administering service charge accounts for the Building Services and the Building Centre including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the Building 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 Building 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 Building and Centre and, where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Building 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 relating to all or any part of the Building (or any other similar or replacement obligation) from time to time91time103. 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 in the BuildingUnit; 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 Building Centre caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the BuildingCentre. 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 BuildingCentre]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the BuildingCentre. Unrecovered costs due from another tenant of the BuildingCentre. Costs incurred in dealing with the Landlord's ’s interest in the BuildingCentre, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord's ’s interest in the BuildingCentre. 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 [Costs incurred 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, running and maintaining operational supplies in, any toilets in the Estate Common Parts. All existing and future rates, taxes, duties, charges and financial impositions Car Park at the Centre where parking is 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 keeps 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 dealing with any lettings or rent reviews at the 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's interest in the Estate. Part 5charges.]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.88 decided.90 Variation in the proportion of the Service Charge payable payable91 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 Building or the Estate Centre from those Services, including by dividing the services and charges set out in paragraph 3. and paragraph 5. 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 Building or the EstateCentre, 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 Building or the EstateCentre. 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:89 management:92 [must supply the Services in an efficient manner at all appropriate times; 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 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. and paragraph 5. 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; 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:90 is:93 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 Building and the Estate Centre (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 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 Building Centre 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 Building Centre and any adjoining premises. The costs , including both ordinary and extraordinary repairs and regardless of cleaning [(1) the surfaces age or state of any atrium facing onto the Building Common Parts and] the external surfaces dilapidation of the window facilities used in common and window frames in (2) the Building and providing and maintaining plantcause of damage, facilities and equipment for these purposesdeterioration or destruction even if the cause is a latent or inherent defect. Lighting, heating, [providing air-conditioning to] and ventilating the Building Common Parts. Lighting the exterior of the Building Centre and any facilities used in common between the Building Centre 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 Building Centre as a whole (and a fair proportion of those levied on the Building 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 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 Building 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 Building Centre 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 BuildingCentre. 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 BuildingCentre. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the BuildingCentre. Providing any further services for maintaining and securing the amenities of the BuildingCentre. Managing and administering service charge accounts for the Building Services and the Building Centre including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the Building 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 Building 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 Building Centre and where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Building 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 relating to all or any part of the Building (or any other similar or replacement obligation) from time to time91time94. 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 in the BuildingUnit; 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. Building Service Charge exclusions Costs arising from any damage or destruction to the Building caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Building. 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 Building]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Building. Unrecovered costs due from another tenant of the Building. Costs incurred in dealing with the Landlord's interest in the Building, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord's interest in the Building. 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 dealing with any lettings or rent reviews at the 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's interest in the Estate. 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.88 decided.94 Variation in the proportion of the Service Charge payable payable95 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 Building or the Estate from those Services, including by dividing the services and charges set out in paragraph 3. 3 and paragraph 5. 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 Building 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 Building 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 obligations Provision of Services The Landlord, acting reasonably and in the interests of good estate management:89 management:96 [must supply the Services in an efficient manner at all appropriate times; 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. 5 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; [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:90 is:97 reasonably practicable to do so; consistent with the Landlord's obligations under this Lease; and consistent with the economic and efficient management of the Building and the 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 Estate Contribution for any accounting period against the Estate 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.] Building Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the 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 Building, 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 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. The costs of cleaning [the surfaces of any atrium facing onto the Building Common Parts 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. Lighting, heating, [providing air-conditioning to] and ventilating the Building Common Parts. Lighting the exterior of the Building and any facilities used in common between the 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 Building as a whole (and a fair proportion of those levied on the 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 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 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 Building. Pest and infection control. Gritting, and clearing snow from, the Building Common Parts. Promoting and advertising the Building and staging activities and exhibitions within the Building. Providing seasonal decorations within the Building. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the Building. Providing any further services for maintaining and securing the amenities of the Building. Managing and administering service charge accounts for the Building Services and the Building including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the 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 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 Building and where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the 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 time91time98. 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 in the Building; 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. Building Service Charge exclusions Exclusions Costs arising from any damage or destruction to the Building caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Building. 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 Building]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Building. Unrecovered costs due from another tenant of the Building. Costs incurred in dealing with the Landlord's interest in the Building, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord's interest in the Building. 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 [Costs incurred 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, running and maintaining operational supplies in, any toilets in Car Park at the Estate Common Parts. All existing and future rates, taxes, duties, charges and financial impositions Building where parking is 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 keeps 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 dealing with any lettings or rent reviews at the 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's interest in the Estate. Part 5charges.]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.88 Tenant.94 Variation in the proportion of the Service Charge payable payable95 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 taking into consideration the relative degree of benefit obtained by the Tenant and other tenants at the Building or the Estate Centre from those Services, including by dividing the services and charges set out in paragraph 3. and paragraph 5. 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 Building or the EstateCentre, 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 Building or the EstateCentre. The [Tenant's Proportion] [Service Charge 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:89 [must supply the Services in an efficient manner at all appropriate times; 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 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; [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:90 reasonably practicable to do so; consistent with the Landlord's obligations under this Lease; and consistent with the economic and efficient management of the Building and the 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. [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.] Building Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Building and all Building 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 Building and any adjoining premises. The costs of cleaning [the surfaces of 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 and equipment for these purposes. Lighting, heating, [providing air-conditioning to] and ventilating the Building Common Parts. Lighting the exterior of the Building and any facilities used in common between the 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 Building as a whole (and a fair proportion of those levied on the 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 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 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 facilities for visitors to the Building. Pest and infection control. Gritting, and clearing snow from, the Building Common Parts. Providing seasonal decorations within the Building. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the Building. Providing any further services for maintaining and securing the amenities of the Building. Managing and administering service charge accounts for the Building Services and the Building including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the 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 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 Building and where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the 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 time91. 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 in the Building; 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. Building Service Charge exclusions Costs arising from any damage or destruction to the Building caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Building. 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 Building]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Building. Unrecovered costs due from another tenant of the Building. Costs incurred in dealing with the Landlord's interest in the Building, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord's interest in the Building. 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 dealing with any lettings or rent reviews at the 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's interest in the Estate. Part 5obligations

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.88 decided.71 Variation in the proportion of the Service Charge payable In calculating the 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 Building or the Estate from those Services, including by dividing the services and charges set out in paragraph 3. and paragraph 5. 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 Building or the Estate, the Landlord must, where it is appropriate to do so, vary the Service Charge as is reasonable to take account of that change but the Service Charge will not materially increase solely as a result of any change in the extent of the Building or the Estate. The 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:89 management:72 [must supply the Services in an efficient manner at all appropriate times; and may vary, reduce or extend those Services.] OR [must supply the Services listed in paragraphs 3.1 34.1 to 3. [Insert number] of this Part of the Schedule and in paragraphs 5.1 to 5. [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. and paragraph 5. 34 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; [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:90 is:73 reasonably practicable to do so; consistent with the Landlord's obligations under this Lease; and consistent with the economic and efficient management of the Building and the 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. [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.] Building Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Building and all Building 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 Building Estate and any adjoining premises. The costs of cleaning [the surfaces of 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 and equipment for these purposes. Lighting, heating, [providing air-conditioning to] and ventilating any indoor amenities within the Building Common Parts. Lighting the exterior of the Building buildings on the Estate and any facilities used in common between the Building Estate 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 Building Estate as a whole (and a fair proportion of those levied on the Building 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 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 Building Management Systemscontrol. Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Building Estate 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 facilities for visitors to the BuildingEstate. Pest and infection control. Gritting, and clearing snow from, the Building Common Parts. Providing seasonal decorations within the Building. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the BuildingEstate. Providing any further services for maintaining and securing the amenities of the BuildingEstate. Managing and administering service charge accounts for the Building Services and the Building Estate including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the Building 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 Building 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 Building Estate and where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Building 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 relating to in respect of all or any part of the Building Common Parts (or any other similar or replacement obligation) from time to time91time74. 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 in the BuildingUnit; 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. Building Service Charge exclusions Costs arising from any damage or destruction to the Building Estate caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the BuildingEstate. 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 BuildingEstate]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Building. Unrecovered costs due from another tenant of the Building. Costs incurred in dealing with the Landlord's interest in the Building, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord's interest in the Building. 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 dealing with any lettings or rent reviews at the 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's interest in the Estate. 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.88 decided.81 Variation in the proportion of the Service Charge payable In calculating the 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 Building or the Estate from those Services, including by dividing the services and charges set out in paragraph 3. and paragraph 5. 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 Building or the EstateBuilding, the Landlord must, where it is appropriate to do so, vary the Service Charge as is reasonable to take account of that change but the Service Charge will not materially increase solely as a result of any change in the extent of the Building or the EstateBuilding. The 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:89 management:82 [must supply the Services in an efficient manner at all appropriate times; 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 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. and paragraph 5. 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; 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:90 is:83 reasonably practicable to do so; consistent with the Landlord's obligations under this Lease; and consistent with the economic and efficient management of the Building and the 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. [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.] Building Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the 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 Common Parts 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 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. The costs of cleaning [the surfaces of 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 and equipment for these purposes. Lighting, heating, [providing air-conditioning to] and ventilating the Building Common Parts. Lighting the exterior of the Building and any facilities used in common between the 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 Building as a whole (and a fair proportion of those levied on the 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 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 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 facilities for visitors to the Building. Pest and infection control. Gritting, and clearing snow from, the Building Common Parts. Providing seasonal decorations within the Building. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the Building. Providing any further services for maintaining and securing the amenities of the Building. Managing and administering service charge accounts for the Building Services and the Building including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the 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 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 Building and where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the 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 time91time84. 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 in the BuildingUnit; 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. Building Service Charge exclusions Exclusions Costs arising from any damage or destruction to the Building caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Building. 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 Building]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Building. Unrecovered costs due from another tenant of the Building. Costs incurred in dealing with the Landlord's interest in the Building, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord's interest in the Building. Estate Services Insurance 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 Damage Provisions Tenant's insurance obligations The Tenant must pay on the Estate Common Parts or the Estate as a whole (and demand: a fair and reasonable proportion of those levied on of: the Estate along sums the Landlord pays85 to comply with any adjoining premises). Supply costs incurred in providing paragraphs 2.1.1 and 2.1.2; if not recovered through the Estate Services. ProvidingService Charge, inspecting, maintaining (including by maintenance contracts and insurance against sudden and unforeseen breakdown), repairing, renewing, replacing, upgrading and operating: the sums the Landlord pays to insure all plant, machinery, apparatus and vehicles used in providing the Estate Services Services; the cost of valuations of the Building and all signage in the Estate Common PartsPremises for insurance purposes made not more than once a year; and security, fire fighting the amount of any excess or deductible under any insurance policy that the Landlord incurs or will incur in complying with paragraphs 2.3 and fire detection equipment (excluding portable fire extinguishers in 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, fire alarm systemsunless 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 address systems, telecommunications systems, closed circuit television systems and traffic controlliability risks relating to the Premises. Employing or procuring all staff Landlord's insurance obligations The Landlord must insure (with a reputable insurer): the Building against the Insured Risks in its full reinstatement cost (including remunerationall professional fees and incidental expenses, incidental benefits debris removal, site clearance and all associated costs irrecoverable VAT); against public liability relating to the Building; and overheads) loss of the Rent and Service Charge for the management Risk Period, subject to all excesses, limitations and security of exclusions as the Estate insurers may impose and otherwise in connection with on the Estate Servicesinsurers' usual terms. 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 In relation to the Estateinsurance, 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. Providing The Landlord must take reasonable steps to obtain any further services consents necessary for maintaining and securing the amenities reinstatement of the EstateBuilding following destruction or damage by an Insured Risk. 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 Where it is lawful to do so, implementing the recommendations 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 that auditthe Premises or the Building. Auditing disabled access requirements for Nothing in paragraph 2.4 will require the Estate 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 required by law applicable, paragraph 1.1.3; 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 notifies the Tenant under paragraph 4.1 that it ends this Lease. If there is destruction or damage to the interest costs Building by an Uninsured Risk that would have been incurred leaves the whole or substantially the whole of the Premises unfit for occupation and use or inaccessible and the Landlord notifies the Tenant within 12 months afterwards that the Landlord wishes to reinstate, paragraphs 2.3 and 2.4 will then apply as 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 had been caused by an Insured Risk or an Uninsured Risk. Capital costs of Subject to the constructioninsurance premiums being reasonable and proper and reasonably and properly incurred, 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 will 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 retain all insurance commissions for the benefit of the tenants of the Lettable Units or improve the Environmental Performance of the Estate. Costs of any unlet Lettable Unitits own benefit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the 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's interest in the Estate. Part 5suspension

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.88 decided.81 Variation in the proportion of the Service Charge payable In calculating the 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 Building or the Estate from those Services, including by dividing the services and charges set out in paragraph 3. and paragraph 5. 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 Building or the EstateBuilding, the Landlord must, where it is appropriate to do so, vary the Service Charge as is reasonable to take account of that change but the Service Charge will not materially increase solely as a result of any change in the extent of the Building or the EstateBuilding. The 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:89 management:82 [must supply the Services in an efficient manner at all appropriate times; 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 and in paragraphs 5.1 to 5. [Insert 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. and paragraph 5. 36 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 ’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:90 is:83 reasonably practicable to do so; consistent with the Landlord's obligations under this Lease; and consistent with the economic and efficient management of the Building and the 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. [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.] Building Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Building and all Building 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 Building and any adjoining premises. The costs of cleaning [the surfaces of 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 and equipment for these purposes. Lighting, heating, [providing air-conditioning to] and ventilating the Building Common Parts. Lighting the exterior of the Building and any facilities used in common between the 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 Building as a whole (and a fair proportion of those levied on the 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 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 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 facilities for visitors to the Building. Pest and infection control. Gritting, and clearing snow from, the Building Common Parts. Providing seasonal decorations within the Building. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the Building. Providing any further services for maintaining and securing the amenities of the Building. Managing and administering service charge accounts for the Building Services and the Building including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the 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 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 Building and where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the 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 time91time84. 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 in the BuildingUnit; 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. Building Service Charge exclusions Costs arising from any damage or destruction to the Building caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Building. 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 Building]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Building. Unrecovered costs due from another tenant of the Building. Costs incurred in dealing with the Landlord's interest in the Building, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord's interest in the Building. 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 dealing with any lettings or rent reviews at the 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's interest in the Estate. 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.88 decided.89 Variation in the proportion of the Service Charge payable xxxxxxx00 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 Building or the Estate Centre from those Services, including by dividing the services and charges set out in paragraph 3. and paragraph 5. 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 Building or the EstateCentre, 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 Building or the EstateCentre. 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:89 management:91 [must supply the Services in an efficient manner at all appropriate times; 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 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. and paragraph 5. 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; 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:90 is:92 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 Building and the Estate Centre (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 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 Building Centre 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 Building Centre and any adjoining premises. The costs , including both ordinary and extraordinary repairs and regardless of cleaning [(1) the surfaces age or state of any atrium facing onto the Building Common Parts and] the external surfaces dilapidation of the window facilities used in common and window frames in (2) the Building and providing and maintaining plantcause of damage, facilities and equipment for these purposesdeterioration or destruction even if the cause is a latent or inherent defect. Lighting, heating, [providing air-conditioning to] and ventilating the Building Common Parts. Lighting the exterior of the Building Centre and any facilities used in common between the Building Centre 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 Building Centre as a whole (and a fair proportion of those levied on the Building 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 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 Building 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 Building Centre 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 BuildingCentre. 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 BuildingCentre. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the BuildingCentre. Providing any further services for maintaining and securing the amenities of the BuildingCentre. Managing and administering service charge accounts for the Building Services and the Building Centre including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the Building 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 Building 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 Building Centre and where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Building 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 relating to all or any part of the Building (or any other similar or replacement obligation) from time to time91time93. 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 in the BuildingUnit; 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. Building Service Charge exclusions Costs arising from any damage or destruction to the Building caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Building. 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 Building]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Building. Unrecovered costs due from another tenant of the Building. Costs incurred in dealing with the Landlord's interest in the Building, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord's interest in the Building. 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 dealing with any lettings or rent reviews at the 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's interest in the Estate. Part 5.

Appears in 1 contract

Samples: Lease

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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.88 Tenant.95 Variation in the proportion of the Service Charge payable payable96 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 taking into consideration the relative degree of benefit obtained by the Tenant and other tenants at the 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 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 Building 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 Building or the Estate. The [Tenant's Proportion] [Service Charge 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:89 [must supply the Services in an efficient manner at all appropriate times; 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 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; [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:90 reasonably practicable to do so; consistent with the Landlord's obligations under this Lease; and consistent with the economic and efficient management of the Building and the 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. [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.] Building Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Building and all Building 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 Building and any adjoining premises. The costs of cleaning [the surfaces of 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 and equipment for these purposes. Lighting, heating, [providing air-conditioning to] and ventilating the Building Common Parts. Lighting the exterior of the Building and any facilities used in common between the 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 Building as a whole (and a fair proportion of those levied on the 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 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 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 facilities for visitors to the Building. Pest and infection control. Gritting, and clearing snow from, the Building Common Parts. Providing seasonal decorations within the Building. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the Building. Providing any further services for maintaining and securing the amenities of the Building. Managing and administering service charge accounts for the Building Services and the Building including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the 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 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 Building and where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the 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 time91. 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 in the Building; 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. Building Service Charge exclusions Costs arising from any damage or destruction to the Building caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Building. 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 Building]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Building. Unrecovered costs due from another tenant of the Building. Costs incurred in dealing with the Landlord's interest in the Building, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord's interest in the Building. 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 dealing with any lettings or rent reviews at the 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's interest in the Estate. Part 5obligations

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.88 decided.86 Variation in the proportion of the Service Charge payable payable87 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 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 Building 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 Building 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 obligations Provision of Services services The Landlord, acting reasonably and in the interests of good estate management:89 management:88 [must supply the Services in an efficient manner at all appropriate times; 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 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. and paragraph 5. 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; [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:90 is:89 reasonably practicable to do so; consistent with the Landlord's obligations under this Lease; and consistent with the economic and efficient management of the 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 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.] Building Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the 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 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 Building Estate and any adjoining premises. The costs , including both ordinary and extraordinary repairs and regardless of cleaning [(1) the surfaces age or state of any atrium facing onto the Building Common Parts and] the external surfaces dilapidation of the window facilities used in common and window frames in (2) the Building and providing and maintaining plantcause of damage, facilities and equipment for these purposesdeterioration or destruction even if the cause is a latent or inherent defect. Lighting, heating, [providing air-conditioning to] and ventilating any indoor amenities within the Building Common Parts. Lighting the exterior of the Building buildings on the Estate and any facilities used in common between the Building Estate 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 Building Estate as a whole (and a fair proportion of those levied on the Building 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 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 Building Management Systemscontrol. Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Building Estate 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 BuildingEstate. Pest and infection control. Gritting, and clearing snow from, the Building Common Parts. Promoting and advertising the Estate and staging activities and exhibitions within the Estate. Providing seasonal decorations within the BuildingEstate. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the BuildingEstate. Providing any further services for maintaining and securing the amenities of the BuildingEstate. Managing and administering service charge accounts for the Building Services and the Building Estate including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the Building 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 Building 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 Building Estate and where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Building 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 relating to in respect of all or any part of the Building Common Parts (or any other similar or replacement obligation) from time to time91time90. 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 in the BuildingUnit; 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. Building Service Charge exclusions Exclusions Costs arising from any damage or destruction to the Building Estate caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the BuildingEstate. 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 BuildingEstate]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Building. Unrecovered costs due from another tenant of the Building. Costs incurred in dealing with the Landlord's interest in the Building, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord's interest in the Building. 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 dealing with any lettings or rent reviews at the 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's interest in the Estate. Part 5[Costs incurred in running and maintaining any Car Park at the Estate where parking is charged for and the Landlord keeps the charges.]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.88 decided.97 Variation in the proportion of the Service Charge payable payable98 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 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 Building 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 Building 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 obligations Provision of Services The Landlord, acting reasonably and in the interests of good estate management:89 management:99 [must supply the Services in an efficient manner at all appropriate times; and 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 and in paragraphs 5.1 to 5. [Insert 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. and paragraph 5. 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; [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:90 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 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 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 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 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 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 Building Estate and any adjoining premises. The costs , including both ordinary and extraordinary repairs and regardless of cleaning [(1) the surfaces age or state of any atrium facing onto the Building Common Parts and] the external surfaces dilapidation of the window facilities used in common and window frames in (2) the Building and providing and maintaining plantcause of damage, facilities and equipment for these purposesdeterioration or destruction even if the cause is a latent or inherent defect. Lighting, heatingLighting the Common Parts. Heating, [providing air-conditioning to] and ventilating any[ indoor amenities within the Building Common Parts] [buildings on the Estate]. Lighting the exterior of the Building buildings on the Estate and any facilities used in common between the Building Estate 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 Building Estate as a whole (and a fair proportion of those levied on the Building 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 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 Building Management Systemscontrol. Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Building Estate 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 BuildingEstate, including guest Wi-Fi services. Pest and infection control. Gritting, and clearing snow from, the Building Common Parts. Promoting and advertising the Estate and staging activities and exhibitions within the Estate. Providing seasonal decorations within the BuildingEstate. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the BuildingEstate. Providing any further services for maintaining and securing the amenities of the BuildingEstate. Managing and administering service charge accounts for the Building Services and the Building Estate including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the Building 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 Building 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 Building Estate and where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Building 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 relating to in respect of all or any part of the Building Common Parts (or any other similar or replacement obligation) from time to time91. 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 in the BuildingUnit; 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 Building Estate caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the BuildingEstate. 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 BuildingEstate]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Building. Unrecovered costs due from another tenant of the Building. Costs incurred in dealing with the Landlord's interest in the Building, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord's interest in the Building. 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 dealing with any lettings or rent reviews at the 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's interest in the Estate. Part 5[Costs incurred in running and maintaining the Car Park at the Estate where parking is charged for and the Landlord keeps the charges.]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 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.88 decided.93 Variation in the proportion of the Service Charge payable payable94 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 Building or the Estate from those Services, including by dividing the services and charges set out in paragraph 326. and paragraph 5. 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 Building 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 Building 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:89 management:95 [must supply the Services in an efficient manner at all appropriate times; and may vary, reduce or extend those Services.] OR [must supply the Services listed in paragraphs 3.1 26.1 to 3. [Insert 3.[Insert number] of this Part of the Schedule and in paragraphs 5.1 Error: Reference source not found to 5. [Insert 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 326. and paragraph 5. Error: Reference source not found 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:90 is:96 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 Building and the 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 Estate Contribution for any accounting period against the Estate 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.] Building Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the 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 Building, 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 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. The costs of cleaning [the surfaces of any atrium facing onto the Building Common Parts 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. Lighting, heating, [providing air-conditioning to] and ventilating the Building Common Parts. Lighting the exterior of the Building and any facilities used in common between the 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 Building as a whole (and a fair proportion of those levied on the 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 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 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 Building. Pest and infection control. Gritting, and clearing snow from, the Building Common Parts. Promoting and advertising the Building and staging activities and exhibitions within the Building. Providing seasonal decorations within the Building. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the Building. Providing any further services for maintaining and securing the amenities of the Building. Managing and administering service charge accounts for the Building Services and the Building including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the 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 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 Building and and, where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the 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 time91time97. 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 in the Building; 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. Building Service Charge exclusions Exclusions Costs arising from any damage or destruction to the Building caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Building. 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 Building]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Building. Unrecovered costs due from another tenant of the Building. Costs incurred in dealing with the Landlord's ’s interest in the Building, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord's ’s interest in the Building. 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 [Costs incurred 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, running and maintaining operational supplies in, any toilets in Car Park at the Estate Common Parts. All existing and future rates, taxes, duties, charges and financial impositions Building where parking is 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 keeps 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 dealing with any lettings or rent reviews at the 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's interest in the Estate. Part 5charges.]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 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.88 Tenant.99 Variation in the proportion of the Service Charge payable payable100 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 taking into consideration the relative degree of benefit obtained by the Tenant and other tenants at the 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 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 Building 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 Building or the Estate. The [Tenant's Proportion] [Service Charge 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:89 [must supply the Services in an efficient manner at all appropriate times; 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 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; [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:90 reasonably practicable to do so; consistent with the Landlord's obligations under this Lease; and consistent with the economic and efficient management of the Building and the 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. [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.] Building Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Building and all Building 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 Building and any adjoining premises. The costs of cleaning [the surfaces of 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 and equipment for these purposes. Lighting, heating, [providing air-conditioning to] and ventilating the Building Common Parts. Lighting the exterior of the Building and any facilities used in common between the 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 Building as a whole (and a fair proportion of those levied on the 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 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 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 facilities for visitors to the Building. Pest and infection control. Gritting, and clearing snow from, the Building Common Parts. Providing seasonal decorations within the Building. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the Building. Providing any further services for maintaining and securing the amenities of the Building. Managing and administering service charge accounts for the Building Services and the Building including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the 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 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 Building and where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the 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 time91. 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 in the Building; 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. Building Service Charge exclusions Costs arising from any damage or destruction to the Building caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Building. 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 Building]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Building. Unrecovered costs due from another tenant of the Building. Costs incurred in dealing with the Landlord's interest in the Building, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord's interest in the Building. 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 dealing with any lettings or rent reviews at the 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's interest in the Estate. Part 5obligations

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.88 Tenant.95 Variation in the proportion of the Service Charge payable payable96 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 taking into consideration the relative degree of benefit obtained by the Tenant and other tenants at the Building or the Estate Centre from those Services, including by dividing the services and charges set out in paragraph 3. and paragraph 5. 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 Building or the EstateCentre, 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 Building or the EstateCentre. The [Tenant's Proportion] [Service Charge 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:89 [must supply the Services in an efficient manner at all appropriate times; 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 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; [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:90 reasonably practicable to do so; consistent with the Landlord's obligations under this Lease; and consistent with the economic and efficient management of the Building and the 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. [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.] Building Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Building and all Building 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 Building and any adjoining premises. The costs of cleaning [the surfaces of 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 and equipment for these purposes. Lighting, heating, [providing air-conditioning to] and ventilating the Building Common Parts. Lighting the exterior of the Building and any facilities used in common between the 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 Building as a whole (and a fair proportion of those levied on the 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 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 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 facilities for visitors to the Building. Pest and infection control. Gritting, and clearing snow from, the Building Common Parts. Providing seasonal decorations within the Building. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the Building. Providing any further services for maintaining and securing the amenities of the Building. Managing and administering service charge accounts for the Building Services and the Building including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the 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 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 Building and where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the 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 time91. 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 in the Building; 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. Building Service Charge exclusions Costs arising from any damage or destruction to the Building caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Building. 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 Building]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Building. Unrecovered costs due from another tenant of the Building. Costs incurred in dealing with the Landlord's interest in the Building, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord's interest in the Building. 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 dealing with any lettings or rent reviews at the 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's interest in the Estate. Part 5obligations

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.88 decided.96 Variation in the proportion of the Service Charge payable payable97 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 Building or the Estate from those Services, including by dividing the services and charges set out in paragraph 3. and paragraph 5. 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 Building 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 Building 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 obligations Provision of Services The Landlord, acting reasonably and in the interests of good estate management:89 management:98 [must supply the Services in an efficient manner at all appropriate times; and 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 and in paragraphs 5.1 to 5. [Insert 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. and paragraph 5. 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; 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; [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:90 is:100 reasonably practicable to do so; consistent with the Landlord's obligations under this Lease; and consistent with the economic and efficient management of the 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 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 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 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 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 Building Estate and any adjoining premises. The costs , including both ordinary and extraordinary repairs and regardless of cleaning [(1) the surfaces age or state of any atrium facing onto the Building Common Parts and] the external surfaces dilapidation of the window facilities used in common and window frames in (2) the Building and providing and maintaining plantcause of damage, facilities and equipment for these purposesdeterioration or destruction even if the cause is a latent or inherent defect. Lighting, heatingLighting the Common Parts. Heating, [providing air-conditioning to] and ventilating any [indoor amenities within the Building Common Parts] [buildings on the Estate]101. Lighting the exterior of the Building buildings on the Estate and any facilities used in common between the Building Estate 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 Building Estate as a whole (and a fair proportion of those levied on the Building 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 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 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 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 facilities for visitors to the Building. Pest and infection control. Gritting, and clearing snow from, the Building Common Parts. Providing seasonal decorations within the Building. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the Building. Providing any further services for maintaining and securing the amenities of the Building. Managing and administering service charge accounts for the Building Services and the Building including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the 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 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 Building and where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the 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 time91. 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 in the Building; 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. Building Service Charge exclusions Costs arising from any damage or destruction to the Building caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Building. 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 Building]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Building. Unrecovered costs due from another tenant of the Building. Costs incurred in dealing with the Landlord's interest in the Building, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord's interest in the Building. 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 customer service facilities for visitors to the Estate, including guest Wi-Fi services. Pest and infection control. Gritting, and clearing snow from, the Estate Common Parts. Promoting and advertising the Estate and staging activities and exhibitions within the Estate. Providing seasonal decorations within the Estate. 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 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 building on the EstateLettable 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 Estate Accounting Periods. 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 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 Insurersinsurers; 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 Estate]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the 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's interest in the Estate. Part 5[Costs incurred in running and maintaining the Car Park at the Estate where parking is charged for and the Landlord keeps the charges.]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.88 Tenant.96 Variation in the proportion of the Service Charge payable payable97 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 taking into consideration the relative degree of benefit obtained by the Tenant and other tenants at the 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 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 Building 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 Building or the Estate. The [Tenant's Proportion] [Service Charge 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:89 [must supply the Services in an efficient manner at all appropriate times; 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 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; [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:90 reasonably practicable to do so; consistent with the Landlord's obligations under this Lease; and consistent with the economic and efficient management of the Building and the 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. [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.] Building Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Building and all Building 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 Building and any adjoining premises. The costs of cleaning [the surfaces of 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 and equipment for these purposes. Lighting, heating, [providing air-conditioning to] and ventilating the Building Common Parts. Lighting the exterior of the Building and any facilities used in common between the 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 Building as a whole (and a fair proportion of those levied on the 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 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 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 facilities for visitors to the Building. Pest and infection control. Gritting, and clearing snow from, the Building Common Parts. Providing seasonal decorations within the Building. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the Building. Providing any further services for maintaining and securing the amenities of the Building. Managing and administering service charge accounts for the Building Services and the Building including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the 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 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 Building and where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the 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 time91. 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 in the Building; 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. Building Service Charge exclusions Costs arising from any damage or destruction to the Building caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Building. 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 Building]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Building. Unrecovered costs due from another tenant of the Building. Costs incurred in dealing with the Landlord's interest in the Building, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord's interest in the Building. 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 dealing with any lettings or rent reviews at the 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's interest in the Estate. Part 5obligations

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.88 decided.71 Variation in the proportion of the Service Charge payable In calculating the 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 Building or the Estate from those Services, including by dividing the services and charges set out in paragraph 3. and paragraph 5. 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 Building or the Estate, the Landlord must, where it is appropriate to do so, vary the Service Charge as is reasonable to take account of that change but the Service Charge will not materially increase solely as a result of any change in the extent of the Building or the Estate. The 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:89 management:72 [must supply the Services in an efficient manner at all appropriate times; 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 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. and paragraph 5. 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; 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; [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:90 is:73 reasonably practicable to do so; consistent with the Landlord's obligations under this Lease; and consistent with the economic and efficient management of the Building and the 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. [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.] Building Services and charges Repairing (and as necessary renewing, rebuilding and replacing), decorating, maintaining and cleaning the foundations, roof, structure and exterior of the Building and all Building Common Parts and Conducting MediaMedia including both ordinary and extraordinary repairs and regardless of (1) the age or state of dilapidation of the Common Parts and (2) the cause of damage, deterioration or destruction even if the 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 Building Estate and any adjoining premises. The costs premises including both ordinary and extraordinary repairs and regardless of cleaning [(1) the surfaces age or state of any atrium facing onto the Building Common Parts and] the external surfaces dilapidation of the window facilities used in common and window frames in (2) the Building and providing and maintaining plantcause of damage, facilities and equipment for these purposesdeterioration or destruction even if the case is a latent or inherent defect. Lighting, heating, [providing air-conditioning to] and ventilating any indoor amenities within the Building Common Parts. Lighting the exterior of the Building buildings on the Estate and any facilities used in common between the Building Estate 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 Building Estate as a whole (and a fair proportion of those levied on the Building 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 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 Building Management Systemscontrol. Employing or procuring all staff (including remuneration, incidental benefits and all associated costs and overheads) for the management and security of the Building Estate 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 facilities for visitors to the BuildingEstate. Pest and infection control. Gritting, and clearing snow from, the Building Common Parts. Providing seasonal decorations within the Building. Carrying out any works and providing and maintaining all facilities that are required under any Act or by insurers in relation to the BuildingEstate. Providing any further services for maintaining and securing the amenities of the BuildingEstate. Managing and administering service charge accounts for the Building Services and the Building Estate including, where relevant, certifying, examining or auditing those accounts. Auditing health and safety requirements for the Building 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 Building 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 Building Estate and where reasonable and cost-effective to do so, implementing the recommendations of any environmental management plan the Landlord has for the Building 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 relating to in respect of all or any part of the Building Common Parts (or any other similar or replacement obligation) from time to time91time74. 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 in the BuildingUnit; 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. Building Service Charge exclusions Exclusions Costs arising from any damage or destruction to the Building Estate caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the BuildingEstate. 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 BuildingEstate]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Building. Unrecovered costs due from another tenant of the Building. Costs incurred in dealing with the Landlord's interest in the Building, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord's interest in the Building. 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 dealing with any lettings or rent reviews at the 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's interest in the Estate. Part 5Insurance 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 providing the Services; the cost of valuations of the Estate and the Premises for insurance purposes made not more than once a year; and the 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 applicable, paragraph 1.1.3; or if the Landlord notifies the Tenant under paragraph 4.1 that it ends this Lease. If there is 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 notifies the Tenant 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

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