Common use of Service Charge Exclusions Clause in Contracts

Service Charge Exclusions. Costs arising from any damage or destruction to the Centre caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Centre. Costs of upgrading, innovation or improvement resulting from any repair, maintenance, reinstatement, rebuilding or replacement, but this will not prevent the Landlord including costs within the Service Costs which arise: where an item is to be replaced by way of repair and the replacement is broadly the modern day or up-to-date equivalent of what was there previously; where the Landlord considers replacement to be more economical than repair (and the Landlord is entitled to take into consideration the medium/long-term benefits of replacement); where an item has to be replaced or installed to comply with any Act or the requirements of the insurers; or where replacement or renewal is reasonable and cost-effective and will reduce operating costs for the benefit of the tenants of the Lettable Units[ or improve for the tenants the Environmental Performance of the Centre]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Centre. Unrecovered costs due from another tenant of the Centre. Costs incurred in dealing with the Landlord’s interest in the Centre, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord’s interest in the Centre. [Costs incurred in running and maintaining any Car Park at the Centre where parking is charged for and the Landlord keeps the charges.]95 Weighting96

Service Charge Exclusions. Costs arising from any damage or destruction to the Centre Building caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the CentreBuilding. Costs of upgrading, innovation or improvement resulting from any repair, maintenance, reinstatement, rebuilding or replacement, but this will not prevent the Landlord including costs within the Service Costs which arise: where an item is to be replaced by way of repair and the replacement is broadly the modern day or up-to-date equivalent of what was there previously; where the Landlord considers replacement to be more economical than repair (and the Landlord is entitled to take into consideration the medium/long-term benefits of replacement); where an item has to be replaced or installed to comply with any Act or the requirements of the insurers; or where replacement or renewal is reasonable and cost-effective and will reduce operating costs for the benefit of the tenants of the Lettable Units[ or improve for the tenants the Environmental Performance of the CentreBuilding]. Costs incurred in respect of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the CentreBuilding. Unrecovered costs due from another tenant of the CentreBuilding. Costs incurred in dealing with the Landlord’s 's interest in the CentreBuilding, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord’s 's interest in the CentreBuilding. [Costs incurred Insurance and Damage Provisions Tenant's insurance obligations The Tenant must pay on demand: a fair and reasonable proportion of: the sums the Landlord pays98 to comply with paragraphs 2.1.1 and 2.1.2 of this Part of the Schedule; if not recovered through the Service Charge, the sums the Landlord pays to insure all plant, machinery, apparatus and vehicles used in running providing the Services; the cost of valuations of the Building and maintaining the Premises for insurance purposes made not more than once a year; and the amount of any Car Park at excess or deductible under any insurance policy that the Centre Landlord incurs or will incur in complying with paragraphs 2.3 and 2.4 of this Part of the Schedule; the whole of the sums the Landlord pays to comply with paragraph 2.1.3 of this Part of the Schedule; 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 sub-tenant’s or other lawful occupier's use of the Premises. The Tenant must comply with the requirements of the insurers and must not do anything that may invalidate any insurance. The Tenant must not use the Premises for any purpose or carry out or retain any Permitted Works that may make any additional premium payable for the insurance of the Premises or the Building, unless it has first agreed to pay the whole of that additional premium. The Tenant must notify the Landlord as soon as practicable after it becomes aware of any damage to or destruction of the Premises by any of the Insured Risks or by an Uninsured Risk. The Tenant must keep insured, in a sufficient sum and with a reputable insurer, public liability risks relating to the Premises. Landlord's insurance obligations99 The Landlord must insure (with a reputable insurer): the Building against the Insured Risks in its full reinstatement cost (including all professional fees and incidental expenses, debris removal, site clearance and irrecoverable VAT); against public liability relating to the Building; and loss of the Rent and Service Charge for the Risk Period, subject to all excesses, limitations and exclusions as the insurers may impose and otherwise on the insurers' usual terms. In relation to the insurance, the Landlord must: procure the Tenant's right to the Premises is noted either specifically or generically on the policy; take reasonable steps to procure that the insurers waive any rights of subrogation they might have against the Tenant (either specifically or generically); notify the Tenant promptly of all material variations; and provide the Tenant with a summary of its main terms on the Tenant's written request. The Landlord must take reasonable steps to obtain any consents necessary for the reinstatement of the Building following destruction or damage by an Insured Risk. Where it is lawful to do so, the Landlord must reinstate the Building following destruction or damage by an Insured Risk as soon as reasonably practicable after the date of that damage or destruction. Reinstatement need not be identical if the replacement is similar in size, quality and layout. Nothing in this paragraph 2 imposes any obligation on the Landlord to insure or to reinstate tenant's fixtures forming part of the Premises or the Building. Nothing in paragraph 2.4 of this Part of the Schedule will require the Landlord to reinstate any Lettable Units other than the Premises. The Landlord's obligations under paragraphs 2.3 and 2.4 of this Part of the Schedule will not apply unless and until the Tenant has paid the amounts referred to in paragraph 1.1.1(d) and, where parking applicable, paragraph 1.1.3 of this Part of the Schedule. If there is charged destruction or damage to the Building by an Uninsured Risk that leaves the whole or substantially the whole of the Premises unfit for occupation and use or inaccessible and the Landlord keeps notifies the charges.]95 Weighting96Tenant within 12 months afterwards that the Landlord wishes to reinstate, paragraphs 2.3 and 2.4 of this Part of the Schedule 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.

Service Charge Exclusions. Costs arising from any damage or destruction to the Centre caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Centre. Costs of upgrading, innovation or improvement resulting from any repair, maintenance, reinstatement, rebuilding or replacement, but this will not prevent the Landlord including costs within the Service Costs which arise: where an item is to be replaced by way of repair and the replacement is broadly the modern day or up-to-date equivalent of what was there previously; where the Landlord considers replacement to be more economical than repair (and the Landlord is entitled to take into consideration the medium/long-term benefits of replacement); where an item has to be replaced or installed to comply with any Act or the requirements of the insurers; or where replacement or renewal is reasonable and cost-effective and will reduce operating costs for the benefit of the tenants of the Lettable Units[ or improve for the tenants the Environmental Performance of the Centre]. Costs of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Centre. Unrecovered costs due from another tenant of the Centre. Costs incurred in dealing with the Landlord’s interest in the Centre, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord’s interest in the Centre. [Costs incurred in running and maintaining any Car Park at the Centre where parking is charged for and the Landlord keeps the charges.]95 Weighting96charges.]94

Service Charge Exclusions. Costs arising from any damage or destruction to the Centre caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Centre. Costs of upgrading, innovation or improvement resulting from any repair, maintenance, reinstatement, rebuilding or replacement, but this will not prevent the Landlord including costs within the Service Costs which arise: where an item is to be replaced by way of repair and the replacement is broadly the modern day or up-to-date equivalent of what was there previously; where the Landlord considers replacement to be more economical than repair (and the Landlord is entitled to take into consideration the medium/long-term benefits of replacement); where an item has to be replaced or installed to comply with any Act or the requirements of the insurers; or where replacement or renewal is reasonable and cost-effective and will reduce operating costs for the benefit of the tenants of the Lettable Units[ or improve for the tenants the Environmental Performance of the Centre]. Costs incurred in respect of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Centre. Unrecovered costs due from another tenant of the Centre. Costs incurred in dealing with the Landlord’s 's interest in the Centre, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord’s 's interest in the Centre. [Costs incurred in running and maintaining any the Car Park at the Centre where parking is charged for and the Landlord keeps the charges.]95 Weighting96charges.]106

Service Charge Exclusions. Costs arising from any damage or destruction to the Centre caused by an Insured Risk or an Uninsured Risk. Capital costs of the construction, alteration, redevelopment or extension of the Centre. Costs of upgrading, innovation or improvement resulting from any repair, maintenance, reinstatement, rebuilding or replacement, but this will not prevent the Landlord including costs within the Service Costs which arise: where an item is to be replaced by way of repair and the replacement is broadly the modern day or up-to-date equivalent of what was there previously; where the Landlord considers replacement to be more economical than repair (and the Landlord is entitled to take into consideration the medium/long-term benefits of replacement); where an item has to be replaced or installed to comply with any Act or the requirements of the insurers; or where replacement or renewal is reasonable and cost-effective and will reduce operating costs for the benefit of the tenants of the Lettable Units[ or improve for the tenants the Environmental Performance of the Centre]. Costs incurred in respect of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the Centre. Unrecovered costs due from another tenant of the Centre. Costs incurred in dealing with the Landlord’s 's interest in the Centre, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord’s 's interest in the Centre. [Costs incurred in running and maintaining any the Car Park at the Centre where parking is charged for and the Landlord keeps the charges.]95 Weighting96charges.]105 Weighting106