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 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 incurred in respect 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. Insurance and Damage Provisions Tenant's insurance obligations The Tenant must pay on demand: a fair and reasonable proportion of: the sums the Landlord pays95 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 providing the Services; the cost of valuations of the Building 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 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 obligations96 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 applicable, paragraph 1.1.3 of this Part of the Schedule. If there is 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 notifies the Tenant 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. Rent suspension Paragraph 3.2 of this Part of the Schedule will apply if the Building is destroyed or damaged by any Insured Risk [or Uninsured Risk]97 so that the Premises are unfit for occupation or use or inaccessible. Paragraph 3.2 of this Part of the Schedule will not apply to the extent that the Landlord's insurance has been vitiated or payment of any policy moneys refused because of anything the Tenant does or fails to do and the Tenant has not complied with paragraph 1.1.3 of this Part of the Schedule. Subject to paragraph 3.1 of this Part of the Schedule, the Rent and Service Charge or a fair proportion of them, will not be payable from and including the date of damage or destruction until the earliest of: the date that the Premises are again fit for occupation and use, accessible and ready to receive tenant's fitting out works; the end of the Risk Period; and the End Date. If paragraph 3.2 of this Part of the Schedule applies before the Rent Commencement Date, the number of days between the date of the damage or destruction and the Rent Commencement Date (or where only a proportion of the Rent is or would have been suspended, an equivalent proportion of those days) will be added to the date the rent suspension ends and the resulting date will become the Rent Commencement Date. If paragraph 3.2 of this Part of the Schedule applies: the Landlord must refund to the Tenant, as soon as reasonably practicable, a due proportion of any Rent and Service Charge paid in advance that relates to any period on or after the date of damage or destruction; and the Tenant must pay to the Landlord on demand the Rent and Service Charge for the period starting on the date they again become payable to (but excluding) the next Rent Day. Any dispute about the application of this paragraph 3 will be decided at the request of either party by a single arbitrator under the Arbitration (Scotland) Act 2010[ in which case the protocols contained in paragraph 3 of Part 3 of the Schedule will equally apply to the subject matter of this paragraph 3].
Appears in 1 contract
Samples: Lease
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 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 incurred in respect of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the BuildingEstate. Unrecovered costs due from another tenant of the BuildingEstate. Costs incurred in dealing with the Landlord's interest in the BuildingEstate, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord's interest in the BuildingEstate. Insurance and Damage Provisions Tenant's insurance obligations The Tenant must pay on demand: a fair and reasonable proportion of: the sums the Landlord pays95 pays94 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 providing the Services; the cost of valuations of the Building 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 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 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 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 BuildingEstate, 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 obligations96 obligations95 The Landlord must insure (with a reputable insurer): the Building 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 BuildingEstate; 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 Premises and, if necessary, the means of access to them over the Estate following destruction or damage by an Insured Risk. Where it is lawful to do so, the Landlord must reinstate the Building Premises and, if necessary, the means of access to them over the Estate 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 PremisesEstate. 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 applicable, paragraph 1.1.3 of this Part of the Schedule. If there is destruction or damage to the Building Estate by an Uninsured Risk that leaves the whole or substantially the whole of the Premises unfit for occupation and use or inaccessible over the Estate and the Landlord notifies the Tenant 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. Rent suspension Paragraph 3.2 of this Part of the Schedule will apply if the Building Estate is destroyed or damaged by any Insured Risk [or Uninsured Risk]97 Risk]96 so that the Premises are unfit for occupation or use or inaccessibleinaccessible over the Estate. Paragraph 3.2 of this Part of the Schedule will not apply to the extent that the Landlord's insurance has been vitiated or payment of any policy moneys refused because of anything the Tenant does or fails to do and the Tenant has not complied with paragraph 1.1.3 of this Part of the Schedule. Subject to paragraph 3.1 of this Part of the Schedule, the Rent and Service Charge or a fair proportion of them, will not be payable from and including the date of damage or destruction until the earliest of: the date that the Premises are again fit for occupation and use, accessible over the Estate and ready to receive tenant's fitting out works; the end of the Risk Period; and the End Date. If paragraph 3.2 of this Part of the Schedule applies before the Rent Commencement Date, the number of days between the date of the damage or destruction and the Rent Commencement Date (or where only a proportion of the Rent is or would have been suspended, an equivalent proportion of those days) will be added to the date the rent suspension ends and the resulting date will become the Rent Commencement Date. If paragraph 3.2 of this Part of the Schedule applies: the Landlord must refund to the Tenant, as soon as reasonably practicable, a due proportion of any Rent and Service Charge paid in advance that relates to any period on or after the date of damage or destruction; and the Tenant must pay to the Landlord on demand the Rent and Service Charge for the period starting on the date they again become payable to (but excluding) the next Rent Day. Any dispute about the application of this paragraph 3 will be decided at the request of either party by a single arbitrator under the Arbitration (Scotland) Act 2010[ in which case the protocols contained in paragraph 3 of Part 3 of the Schedule will equally apply to the subject matter of this paragraph 3].
Appears in 1 contract
Samples: Lease
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 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 BuildingCentre]. Costs incurred in respect 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 interest in the BuildingCentre, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord's interest in the BuildingCentre. Insurance [Costs incurred in running and Damage Provisions Tenant's insurance obligations The Tenant must pay on demand: a fair and reasonable proportion of: maintaining the sums Car Park at the Landlord pays95 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 providing the Services; the cost of valuations of the Building and the Premises Centre where parking is charged 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 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 obligations96 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 applicable, paragraph 1.1.3 of this Part of the Schedule. If there is 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 notifies keeps the Tenant 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. Rent suspension Paragraph 3.2 of this Part of the Schedule will apply if the Building is destroyed or damaged by any Insured Risk [or Uninsured Risk]97 so that the Premises are unfit for occupation or use or inaccessible. Paragraph 3.2 of this Part of the Schedule will not apply to the extent that the Landlord's insurance has been vitiated or payment of any policy moneys refused because of anything the Tenant does or fails to do and the Tenant has not complied with paragraph 1.1.3 of this Part of the Schedule. Subject to paragraph 3.1 of this Part of the Schedule, the Rent and Service Charge or a fair proportion of them, will not be payable from and including the date of damage or destruction until the earliest of: the date that the Premises are again fit for occupation and use, accessible and ready to receive tenant's fitting out works; the end of the Risk Period; and the End Date. If paragraph 3.2 of this Part of the Schedule applies before the Rent Commencement Date, the number of days between the date of the damage or destruction and the Rent Commencement Date (or where only a proportion of the Rent is or would have been suspended, an equivalent proportion of those days) will be added to the date the rent suspension ends and the resulting date will become the Rent Commencement Date. If paragraph 3.2 of this Part of the Schedule applies: the Landlord must refund to the Tenant, as soon as reasonably practicable, a due proportion of any Rent and Service Charge paid in advance that relates to any period on or after the date of damage or destruction; and the Tenant must pay to the Landlord on demand the Rent and Service Charge for the period starting on the date they again become payable to (but excluding) the next Rent Day. Any dispute about the application of this paragraph 3 will be decided at the request of either party by a single arbitrator under the Arbitration (Scotland) Act 2010[ in which case the protocols contained in paragraph 3 of Part 3 of the Schedule will equally apply to the subject matter of this paragraph 3].charges.]106
Appears in 1 contract
Samples: Lease
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 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 incurred in respect 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. Insurance and Damage Provisions Tenant's insurance obligations The Tenant must pay on demand: a fair and reasonable proportion of: the sums the Landlord pays95 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 providing the Services; the cost of valuations of the Building 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 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 ’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 obligations96 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 applicable, paragraph 1.1.3 of this Part of the Schedule. If there is 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 notifies the Tenant 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. Rent suspension Paragraph 3.2 of this Part of the Schedule will apply if the Building is destroyed or damaged by any Insured Risk [or Uninsured Risk]97 so that the Premises are unfit for occupation or use or inaccessible. Paragraph 3.2 of this Part of the Schedule will not apply to the extent that the Landlord's insurance has been vitiated or payment of any policy moneys refused because of anything the Tenant does or fails to do and the Tenant has not complied with paragraph 1.1.3 of this Part of the Schedule. Subject to paragraph 3.1 of this Part of the Schedule, the Rent and Service Charge or a fair proportion of them, will not be payable from and including the date of damage or destruction until the earliest of: the date that the Premises are again fit for occupation and use, accessible and ready to receive tenant's fitting out works; the end of the Risk Period; and the End Date. If paragraph 3.2 of this Part of the Schedule applies before the Rent Commencement Date, the number of days between the date of the damage or destruction and the Rent Commencement Date (or where only a proportion of the Rent is or would have been suspended, an equivalent proportion of those days) will be added to the date the rent suspension ends and the resulting date will become the Rent Commencement Date. If paragraph 3.2 of this Part of the Schedule applies: the Landlord must refund to the Tenant, as soon as reasonably practicable, a due proportion of any Rent and Service Charge paid in advance that relates to any period on or after the date of damage or destruction; and the Tenant must pay to the Landlord on demand the Rent and Service Charge for the period starting on the date they again become payable to (but excluding) the next Rent Day. Any dispute about the application of this paragraph 3 will be decided at the request of either party by a single arbitrator under the Arbitration (Scotland) Act 2010[ in which case the protocols contained in paragraph 3 of Part 3 of the Schedule will equally apply to the subject matter of this paragraph 3].
Appears in 1 contract
Samples: Lease
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 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 incurred in respect of any unlet Lettable Unit. Rent collection costs. Costs incurred in dealing with any lettings or rent reviews at the BuildingEstate. Unrecovered costs due from another tenant of the BuildingEstate. Costs incurred in dealing with the Landlord's interest in the BuildingEstate, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord's interest in the BuildingEstate. Insurance and Damage Provisions Tenant's insurance obligations The Tenant must pay on demand: a fair and reasonable proportion of: the sums the Landlord pays95 pays87 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 providing the Services; the cost of valuations of the Building 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 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 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 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 BuildingEstate, 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 obligations96 obligations88 The Landlord must insure (with a reputable insurer): the Building 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 BuildingEstate; 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 Premises and, if necessary, the means of access to them over the Estate following destruction or damage by an Insured Risk. Where it is lawful to do so, the Landlord must reinstate the Building Premises and, if necessary, the means of access to them over the Estate 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 PremisesEstate. 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 applicable, paragraph 1.1.3 of this Part of the Schedule. If there is destruction or damage to the Building Estate by an Uninsured Risk that leaves the whole or substantially the whole of the Premises unfit for occupation and use or inaccessible over the Estate and the Landlord notifies the Tenant 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. Rent suspension Paragraph 3.2 of this Part of the Schedule will apply if the Building Estate is destroyed or damaged by any Insured Risk [or Uninsured Risk]97 Risk]89 so that the Premises are unfit for occupation or use or inaccessibleinaccessible over the Estate. Paragraph 3.2 of this Part of the Schedule will not apply to the extent that the Landlord's insurance has been vitiated or payment of any policy moneys refused because of anything the Tenant does or fails to do and the Tenant has not complied with paragraph 1.1.3 of this Part of the Schedule. Subject to paragraph 3.1 of this Part of the Schedule, the Rent and Service Charge or a fair proportion of them, will not be payable from and including the date of damage or destruction until the earliest of: the date that the Premises are again fit for occupation and use, accessible over the Estate and ready to receive tenant's fitting out works; the end of the Risk Period; and the End Date. If paragraph 3.2 of this Part of the Schedule applies before the Rent Commencement Date, the number of days between the date of the damage or destruction and the Rent Commencement Date (or where only a proportion of the Rent is or would have been suspended, an equivalent proportion of those days) will be added to the date the rent suspension ends and the resulting date will become the Rent Commencement Date. If paragraph 3.2 of this Part of the Schedule applies: the Landlord must refund to the Tenant, as soon as reasonably practicable, a due proportion of any Rent and Service Charge paid in advance that relates to any period on or after the date of damage or destruction; and the Tenant must pay to the Landlord on demand the Rent and Service Charge for the period starting on the date they again become payable to (but excluding) the next Rent Day. Any dispute about the application of this paragraph 3 will be decided at the request of either party by a single arbitrator under the Arbitration (Scotland) Act 2010[ in which case the protocols contained in paragraph 3 of Part 3 of the Schedule will equally apply to the subject matter of this paragraph 3].
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Samples: Lease
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 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 BuildingCentre]. Costs incurred in respect 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 interest in the BuildingCentre, including the costs of advertising and promotional or publicity activities relating to any proposed dealing with the Landlord's interest in the BuildingCentre. Insurance [Costs incurred in running and Damage Provisions Tenant's insurance obligations The Tenant must pay on demand: a fair and reasonable proportion of: maintaining the sums Car Park at the Landlord pays95 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 providing the Services; the cost of valuations of the Building and the Premises Centre where parking is charged 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 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 obligations96 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 applicable, paragraph 1.1.3 of this Part of the Schedule. If there is 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 notifies keeps the Tenant 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. Rent suspension Paragraph 3.2 of this Part of the Schedule will apply if the Building is destroyed or damaged by any Insured Risk [or Uninsured Risk]97 so that the Premises are unfit for occupation or use or inaccessible. Paragraph 3.2 of this Part of the Schedule will not apply to the extent that the Landlord's insurance has been vitiated or payment of any policy moneys refused because of anything the Tenant does or fails to do and the Tenant has not complied with paragraph 1.1.3 of this Part of the Schedule. Subject to paragraph 3.1 of this Part of the Schedule, the Rent and Service Charge or a fair proportion of them, will not be payable from and including the date of damage or destruction until the earliest of: the date that the Premises are again fit for occupation and use, accessible and ready to receive tenant's fitting out works; the end of the Risk Period; and the End Date. If paragraph 3.2 of this Part of the Schedule applies before the Rent Commencement Date, the number of days between the date of the damage or destruction and the Rent Commencement Date (or where only a proportion of the Rent is or would have been suspended, an equivalent proportion of those days) will be added to the date the rent suspension ends and the resulting date will become the Rent Commencement Date. If paragraph 3.2 of this Part of the Schedule applies: the Landlord must refund to the Tenant, as soon as reasonably practicable, a due proportion of any Rent and Service Charge paid in advance that relates to any period on or after the date of damage or destruction; and the Tenant must pay to the Landlord on demand the Rent and Service Charge for the period starting on the date they again become payable to (but excluding) the next Rent Day. Any dispute about the application of this paragraph 3 will be decided at the request of either party by a single arbitrator under the Arbitration (Scotland) Act 2010[ in which case the protocols contained in paragraph 3 of Part 3 of the Schedule will equally apply to the subject matter of this paragraph 3].charges.]105 Weighting106
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Samples: Lease
