Common use of Service Charge Statements Clause in Contracts

Service Charge Statements. After the end of each Accounting Period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period of: the Service Costs; and the Service Charge payable.83 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Costs incurred in one Accounting Period, if not included in the Service Charge Statement for that Accounting Period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs at the Landlord's head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period has been calculated: the Tenant must pay any amount due from it on demand; and84 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's obligation to pay or the Landlord's right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 of this Part of the Schedule in the Service Costs.85

Appears in 2 contracts

Samples: Lease, Lease

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Service Charge Statements. After the end of each Accounting Periodaccounting period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period ofaccounting period of the: the Service Costs; and the Service Charge payable.83 payable.86 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periodsaccounting period. Service Costs incurred in one Accounting Periodaccounting period, if not included in the Service Charge Statement for that Accounting Period accounting period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Periodaccounting period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs at the Landlord's head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period accounting period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period accounting period has been calculated: the Tenant must pay any amount due from it on demand; and84 and87 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule1.3. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's obligation to pay or the Landlord's right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 of this Part of the Schedule in the Service Costs.85.

Appears in 2 contracts

Samples: Lease, Lease

Service Charge Statements. After the end of each Accounting Period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period of: the Service Costs; [and the Estate Contribution;] and the Service Charge payable.83 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. payable.97 The Service Charge Statement must include a certificate signed by itemise separately the Landlord or Building Service Costs and the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relatesEstate Service Costs. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Costs incurred in one Accounting Period, if not included in the Service Charge Statement for that Accounting Period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs Costs[ and the Estate Contribution] at the Landlord's head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period has been calculated: the Tenant must pay any amount due from it on demand; and84 and98 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's obligation to pay or the Landlord's right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 7 or paragraph 8 of this Part of the Schedule in the Service Costs.85Costs.99

Appears in 1 contract

Samples: Lease

Service Charge Statements. After the end of each Accounting Periodaccounting period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period ofaccounting period of the: the Service Costs; and the Service Charge payable.83 payable.79 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periodsaccounting period. Service Costs incurred in one Accounting Periodaccounting period, if not included in the Service Charge Statement for that Accounting Period accounting period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Periodaccounting period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs at the Landlord's head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period accounting period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period accounting period has been calculated: the Tenant must pay any amount due from it on demand; and84 and80 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule34.3. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's obligation to pay or the Landlord's right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 of this Part of the Schedule in the Service Costs.85.

Appears in 1 contract

Samples: Lease

Service Charge Statements. After the end of each Accounting Period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period of: the Service Costs; [and the Estate Contribution;] and the Service Charge payable.83 payable.92 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Costs incurred in one Accounting Period, if not included in the Service Charge Statement for that Accounting Period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs Costs[ and the Estate Contribution] at the Landlord's head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period has been calculated: the Tenant must pay any amount due from it on demand; and84 and93 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's obligation to pay or the Landlord's right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 of this Part of the Schedule in the Service Costs.85Costs.94

Appears in 1 contract

Samples: Lease

Service Charge Statements. After the end of each Accounting Periodaccounting period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period ofaccounting period of the: the Service Costs; and the Service Charge payable.83 payable.78 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periodsaccounting period. Service Costs incurred in one Accounting Periodaccounting period, if not included in the Service Charge Statement for that Accounting Period accounting period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Periodaccounting period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs at the Landlord's head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period accounting period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period accounting period has been calculated: the Tenant must pay any amount due from it on demand; and84 and79 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule1.3. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's obligation to pay or the Landlord's right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 of this Part of the Schedule in the Service Costs.85.

Appears in 1 contract

Samples: Lease

Service Charge Statements. After the end of each Accounting Period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period ofof the: the Service Costs; [and the Centre Contribution;] and Service Charge payable.83 payable.94 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Costs incurred in one Accounting Period, if not included in the Service Charge Statement for that Accounting Period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs [and the Centre Contribution] at the Landlord's ’s head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period has been calculated: the Tenant must pay any amount due from it on demand; and84 and95 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's ’s obligation to pay or the Landlord's ’s right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 4 of this Part of the Schedule in the Service Costs.85Costs.96

Appears in 1 contract

Samples: Lease

Service Charge Statements. After the end of each Accounting Period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period of: the Service Costs; [and the Estate Contribution;] and the Service Charge payable.83 payable.93 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Costs incurred in one Accounting Period, if not included in the Service Charge Statement for that Accounting Period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs Costs[ and the Estate Contribution] at the Landlord's head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period has been calculated: the Tenant must pay any amount due from it on demand; and84 and94 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's obligation to pay or the Landlord's right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 of this Part of the Schedule in the Service Costs.85Costs.95

Appears in 1 contract

Samples: Lease

Service Charge Statements. After the end of each Accounting Period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period ofof the: the Service Costs; and the Service Charge payable.83 payable.85 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Costs incurred in one Accounting Period, if not included in the Service Charge Statement for that Accounting Period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs at the Landlord's head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period has been calculated: the Tenant must pay any amount due from it on demand; and84 and86 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's obligation to pay or the Landlord's right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 4 of this Part of the Schedule in the Service Costs.85Costs.87

Appears in 1 contract

Samples: Lease

Service Charge Statements. After the end of each Accounting Periodaccounting period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period ofaccounting period of the: the Service Costs; and the [and] [Estate Contribution; and] Service Charge payable.83 payable.91 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periodsaccounting period. Service Costs incurred in one Accounting Periodaccounting period, if not included in the Service Charge Statement for that Accounting Period accounting period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Periodaccounting period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs Costs[ and the Estate Contribution] at the Landlord's ’s head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period accounting period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period accounting period has been calculated: the Tenant must pay any amount due from it on demand; and84 and92 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule24.3. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's ’s obligation to pay or the Landlord's ’s right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 of this Part of the Schedule in the Service Costs.85.

Appears in 1 contract

Samples: Lease

Service Charge Statements. After the end of each Accounting Period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period of: the Service Costs; [and the Estate Contribution;] and the Service Charge payable.83 payable.99 The Service Charge Statement must itemise separately the Building Service Costs and the Estate Service Costs. The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Costs incurred in one Accounting Period, if not included in the Service Charge Statement for that Accounting Period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs Costs[ and the Estate Contribution] at the Landlord's head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period has been calculated: the Tenant must pay any amount due from it on demand; and84 and100 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's obligation to pay or the Landlord's right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 7 or paragraph 8 of this Part of the Schedule in the Service Costs.85Costs.101 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. Except in relation to obvious errors, the Tenant must not raise any dispute in connection with the Service Charge Statement more than four months after the Service Charge Statement has been delivered to the Tenant.102 Variation in the proportion of the Service Charge payable103 In calculating the [Tenant's Proportion] [Service Charge] for any of the Services, the Landlord's surveyor may make any adjustment that is fair and reasonable in all the circumstances, 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 into separate categories and applying weighting to those categories to take into account differing uses or operating hours 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] as is reasonable to take account of that change but the [Tenant's Proportion] [Service Charge] will not materially increase solely as a result of any change in the extent of the Building or the Estate. The [Tenant's Proportion] [Service Charge] must not be increased by reason only that any Lettable Units: 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

Appears in 1 contract

Samples: Lease

Service Charge Statements. After the end of each Accounting Period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period of: the Service Costs; and the Service Charge payable.83 payable.76 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Costs incurred in one Accounting Period, if not included in the Service Charge Statement for that Accounting Period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs at the Landlord's head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period has been calculated: the Tenant must pay any amount due from it on demand; and84 and77 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's obligation to pay or the Landlord's right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 of this Part of the Schedule in the Service Costs.85Costs.78

Appears in 1 contract

Samples: Lease

Service Charge Statements. After the end of each Accounting Periodaccounting period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period ofaccounting period of the: the Service Costs; and the Service Charge payable.83 payable.69 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periodsaccounting period. Service Costs incurred in one Accounting Periodaccounting period, if not included in the Service Charge Statement for that Accounting Period accounting period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Periodaccounting period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs at the Landlord's head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period accounting period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period accounting period has been calculated: the Tenant must pay any amount due from it on demand; and84 and70 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule32.3. Any amount owing at the End Date must be repaid to the Tenant within one (1) month of its calculation. The End Date will not affect the Tenant's obligation to pay or the Landlord's right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 of this Part of the Schedule in the Service Costs.85.

Appears in 1 contract

Samples: Lease

Service Charge Statements. After the end of each Accounting Period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period ofof the: the Service Costs; [and the Estate Contribution;] and Service Charge payable.83 payable.94 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Costs incurred in one Accounting Period, if not included in the Service Charge Statement for that Accounting Period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs Costs[ and the Estate Contribution] at the Landlord's head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period has been calculated: the Tenant must pay any amount due from it on demand; and84 and95 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's obligation to pay or the Landlord's right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 4. of this Part of the Schedule in the Service Costs.85Costs.96

Appears in 1 contract

Samples: Lease

Service Charge Statements. After the end of each Accounting Period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period ofof the: the Service Costs; and the Service Charge payable.83 payable.82 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Costs incurred in one Accounting Period, if not included in the Service Charge Statement for that Accounting Period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs at the Landlord's head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period has been calculated: the Tenant must pay any amount due from it on demand; and84 and83 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's obligation to pay or the Landlord's right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 4 of this Part of the Schedule in the Service Costs.85Costs.84

Appears in 1 contract

Samples: Lease

Service Charge Statements. After the end of each Accounting Period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period of: the Service Costs; [and the Centre Contribution;] and the Service Charge payable.83 payable.92 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Costs incurred in one Accounting Period, if not included in the Service Charge Statement for that Accounting Period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs [and the Centre Contribution] at the Landlord's head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period has been calculated: the Tenant must pay any amount due from it on demand; and84 and93 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's obligation to pay or the Landlord's right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 5. of this Part of the Schedule in the Service Costs.85Costs.94

Appears in 1 contract

Samples: Lease

Service Charge Statements. After the end of each Accounting Period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period ofof the: the Service Costs; and the Service Charge payable.83 payable.86 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Costs incurred in one Accounting Period, if not included in the Service Charge Statement for that Accounting Period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs at the Landlord's head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period has been calculated: the Tenant must pay any amount due from it on demand; and84 and87 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's obligation to pay or the Landlord's right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 of this Part of the Schedule in the Service Costs.85.

Appears in 1 contract

Samples: Lease

Service Charge Statements. After the end of each Accounting Period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period of: the Service Costs; [and the Centre Contribution;] and the Service Charge payable.83 payable.104 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Costs incurred in one Accounting Period, if not included in the Service Charge Statement for that Accounting Period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs [and the Centre Contribution] at the Landlord's head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period has been calculated: the Tenant must pay any amount due from it on demand; and84 and105 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's obligation to pay or the Landlord's right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 5. of this Part of the Schedule in the Service Costs.85Costs.106 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. Except in relation to obvious errors, the Tenant must not raise any dispute in connection with the Service Charge Statement more than four months after the Service Charge Statement has been delivered to the Tenant.107 Variation in the proportion of the Service Charge payable108 In calculating the [Tenant's Proportion] [Service Charge] for any of the Services, the Landlord's surveyor may make any adjustment that is fair and reasonable in all the circumstances, taking into consideration the relative degree of benefit obtained by the Tenant and other tenants at the Centre from those Services, including by dividing the Services into separate categories and applying weighting to those categories to take into account differing uses or operating hours or other relevant factors. If there is any change in the extent of the Centre, the Landlord must, where it is appropriate to do so, vary the [Tenant's Proportion] [Service Charge] as is reasonable to take account of that change but the [Tenant's Proportion] [Service Charge] will not materially increase solely as a result of any change in the extent of the Centre. The [Tenant's Proportion] [Service Charge] must not be increased by reason only that any Lettable Units: 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

Appears in 1 contract

Samples: Lease

Service Charge Statements. After the end of each Accounting Periodaccounting period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period ofaccounting period of the: the Service Costs; and the [and] [Centre Contribution; and] Service Charge payable.83 payable.88 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periodsaccounting period. Service Costs incurred in one Accounting Periodaccounting period, if not included in the Service Charge Statement for that Accounting Period accounting period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Periodaccounting period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs Costs[ and the Centre Contribution] at the Landlord's ’s head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period accounting period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period accounting period has been calculated: the Tenant must pay any amount due from it on demand; and84 and89 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule1.3. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's ’s obligation to pay or the Landlord's ’s right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 of this Part of the Schedule in the Service Costs.85.

Appears in 1 contract

Samples: Lease

Service Charge Statements. After the end of each Accounting Period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period ofof the: the Service Costs; and the Service Charge payable.83 payable.79 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Costs incurred in one Accounting Period, if not included in the Service Charge Statement for that Accounting Period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs at the Landlord's head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period has been calculated: the Tenant must pay any amount due from it on demand; and84 and80 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's obligation to pay or the Landlord's right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 4 of this Part of the Schedule in the Service Costs.85Costs.81

Appears in 1 contract

Samples: Lease

Service Charge Statements. After the end of each Accounting Period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period of: the Service Costs; [and the Estate Contribution;] and the Service Charge payable.83 payable.95 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Costs incurred in one Accounting Period, if not included in the Service Charge Statement for that Accounting Period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs Costs[ and the Estate Contribution] at the Landlord's head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period has been calculated: the Tenant must pay any amount due from it on demand; and84 and96 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's obligation to pay or the Landlord's right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 of this Part of the Schedule in the Service Costs.85Costs.97

Appears in 1 contract

Samples: Lease

Service Charge Statements. After the end of each Accounting Periodaccounting period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period ofaccounting period of the: the Service Costs; and the [and] [Estate Contribution; and] Service Charge payable.83 payable.92 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periodsaccounting period. Service Costs incurred in one Accounting Periodaccounting period, if not included in the Service Charge Statement for that Accounting Period accounting period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Periodaccounting period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs Costs[ and the Estate Contribution] at the Landlord's head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period accounting period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period accounting period has been calculated: the Tenant must pay any amount due from it on demand; and84 and93 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule1.3. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's obligation to pay or the Landlord's right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 of this Part of the Schedule in the Service Costs.85.

Appears in 1 contract

Samples: Lease

Service Charge Statements. After the end of each Accounting Period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period of: the Service Costs; and the Service Charge payable.83 payable.86 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Costs incurred in one Accounting Period, if not included in the Service Charge Statement for that Accounting Period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs at the Landlord's head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period has been calculated: the Tenant must pay any amount due from it on demand; and84 and87 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's obligation to pay or the Landlord's right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 of this Part of the Schedule in the Service Costs.85Costs.88

Appears in 1 contract

Samples: Lease

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Service Charge Statements. After the end of each Accounting Period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period of: the Service Costs; [and the Estate Contribution;] and the Service Charge payable.83 payable.96 The Service Charge Statement must itemise separately the Building Service Costs and the Estate Service Costs. The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Costs incurred in one Accounting Period, if not included in the Service Charge Statement for that Accounting Period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs Costs[ and the Estate Contribution] at the Landlord's head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period has been calculated: the Tenant must pay any amount due from it on demand; and84 and97 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's obligation to pay or the Landlord's right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 7 or paragraph 8 of this Part of the Schedule in the Service Costs.85Costs.98

Appears in 1 contract

Samples: Lease

Service Charge Statements. After the end of each Accounting Period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period ofof the: the Service Costs; and the Service Charge payable.83 payable.88 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Costs incurred in one Accounting Period, if not included in the Service Charge Statement for that Accounting Period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs at the Landlord's head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period has been calculated: the Tenant must pay any amount due from it on demand; and84 and89 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's obligation to pay or the Landlord's right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 4 of this Part of the Schedule in the Service Costs.85Costs.90

Appears in 1 contract

Samples: Lease

Service Charge Statements. After the end of each Accounting Period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period of: the Service Costs; and the Service Charge payable.83 payable.93 The Service Charge Statement must itemise separately the Building Service Costs and the Estate Service Costs. The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Costs incurred in one Accounting Period, if not included in the Service Charge Statement for that Accounting Period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs at the Landlord's head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period has been calculated: the Tenant must pay any amount due from it on demand; and84 and94 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's obligation to pay or the Landlord's right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 7 or paragraph 8 of this Part of the Schedule in the Service Costs.85Costs.95

Appears in 1 contract

Samples: Lease

Service Charge Statements. After the end of each Accounting Period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period of: the Service Costs; [and the Centre Contribution;] and the Service Charge payable.83 payable.93 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Costs incurred in one Accounting Period, if not included in the Service Charge Statement for that Accounting Period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs [and the Centre Contribution] at the Landlord's head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period has been calculated: the Tenant must pay any amount due from it on demand; and84 and94 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's obligation to pay or the Landlord's right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 of this Part of the Schedule in the Service Costs.85Costs.95

Appears in 1 contract

Samples: Lease

Service Charge Statements. After the end of each Accounting Periodaccounting period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period ofaccounting period of the: the Service Costs; and the Service Charge payable.83 payable.69 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periodsaccounting period. Service Costs incurred in one Accounting Periodaccounting period, if not included in the Service Charge Statement for that Accounting Period accounting period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Periodaccounting period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs at the Landlord's head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period accounting period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period accounting period has been calculated: the Tenant must pay any amount due from it on demand; and84 and70 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule1.3. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's obligation to pay or the Landlord's right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 of this Part of the Schedule in the Service Costs.85.

Appears in 1 contract

Samples: Lease

Service Charge Statements. After the end of each Accounting Periodaccounting period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period ofaccounting period of the: the Service Costs; and the [and] [Centre Contribution; and] Service Charge payable.83 payable.87 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periodsaccounting period. Service Costs incurred in one Accounting Periodaccounting period, if not included in the Service Charge Statement for that Accounting Period accounting period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Periodaccounting period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs [and the Centre Contribution] at the Landlord's ’s head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period accounting period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period accounting period has been calculated: the Tenant must pay any amount due from it on demand; and84 and88 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule1.3. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's ’s obligation to pay or the Landlord's ’s right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 of this Part of the Schedule in the Service Costs.85.

Appears in 1 contract

Samples: Lease

Service Charge Statements. After the end of each Accounting Periodaccounting period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period ofaccounting period of the: the Service Costs; and the [and] [Estate Contribution; and] Service Charge payable.83 payable.84 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periodsaccounting period. Service Costs incurred in one Accounting Periodaccounting period, if not included in the Service Charge Statement for that Accounting Period accounting period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Periodaccounting period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs Costs[ and the Estate Contribution] at the Landlord's head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period accounting period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period accounting period has been calculated: the Tenant must pay any amount due from it on demand; and84 and85 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule1.3. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's obligation to pay or the Landlord's right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 of this Part of the Schedule in the Service Costs.85.

Appears in 1 contract

Samples: Lease

Service Charge Statements. After the end of each Accounting Periodaccounting period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period ofaccounting period of the: the Service Costs; and the [and] [Estate Contribution; and] Service Charge payable.83 payable.85 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periodsaccounting period. Service Costs incurred in one Accounting Periodaccounting period, if not included in the Service Charge Statement for that Accounting Period accounting period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Periodaccounting period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs Costs[ and the Estate Contribution] at the Landlord's head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period accounting period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period accounting period has been calculated: the Tenant must pay any amount due from it on demand; and84 and86 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule1.3. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's obligation to pay or the Landlord's right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 of this Part of the Schedule in the Service Costs.85.

Appears in 1 contract

Samples: Lease

Service Charge Statements. After the end of each Accounting Period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period ofof the: the Service Costs; [and the Estate Contribution;] and Service Charge payable.83 payable.93 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Costs incurred in one Accounting Period, if not included in the Service Charge Statement for that Accounting Period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs Costs[ and the Estate Contribution] at the Landlord's head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period has been calculated: the Tenant must pay any amount due from it on demand; and84 and94 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's obligation to pay or the Landlord's right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 4 of this Part of the Schedule in the Service Costs.85Costs.95

Appears in 1 contract

Samples: Lease

Service Charge Statements. After the end of each Accounting Period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period of: the Service Costs; and the Service Charge payable.83 payable.100 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Costs incurred in one Accounting Period, if not included in the Service Charge Statement for that Accounting Period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs at the Landlord's head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 ‎1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 ‎1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period has been calculated: the Tenant must pay any amount due from it on demand; and84 and101 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 ‎1.3 of this Part of the Schedule. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's obligation to pay or the Landlord's right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 ‎5 of this Part of the Schedule in the Service Costs.85Costs.102 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. Except in relation to obvious errors, the Tenant must not raise any dispute in connection with the Service Charge Statement more than four months after the Service Charge Statement has been delivered to the Tenant.103 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, taking into consideration the relative degree of benefit obtained by the Tenant and other tenants at the Building from those Services, including by dividing the Services into separate categories and applying weighting to those categories to take into account differing uses or operating hours or other relevant factors. If there is any change in the extent of the Building, 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. The Service Charge must not be increased by reason only that any Lettable Units: 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

Appears in 1 contract

Samples: Lease

Service Charge Statements. After the end of each Accounting Periodaccounting period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period ofaccounting period of the: the Service Costs; and the Service Charge payable.83 payable.79 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periodsaccounting period. Service Costs incurred in one Accounting Periodaccounting period, if not included in the Service Charge Statement for that Accounting Period accounting period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Periodaccounting period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs at the Landlord's head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period accounting period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period accounting period has been calculated: the Tenant must pay any amount due from it on demand; and84 and80 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule1.3. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's obligation to pay or the Landlord's right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 of this Part of the Schedule in the Service Costs.85.

Appears in 1 contract

Samples: Lease

Service Charge Statements. After the end of each Accounting Period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period of: the Service Costs; and the Service Charge payable.83 payable.81 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Costs incurred in one Accounting Period, if not included in the Service Charge Statement for that Accounting Period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs at the Landlord's head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period has been calculated: the Tenant must pay any amount due from it on demand; and84 and82 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's obligation to pay or the Landlord's right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 of this Part of the Schedule in the Service Costs.85Costs.83

Appears in 1 contract

Samples: Lease

Service Charge Statements. After the end of each Accounting Period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period ofof the: the Service Costs; [and the Estate Contribution;] and Service Charge payable.83 payable.95 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Costs incurred in one Accounting Period, if not included in the Service Charge Statement for that Accounting Period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs Costs[ and the Estate Contribution] at the Landlord's head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period has been calculated: the Tenant must pay any amount due from it on demand; and84 and96 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's obligation to pay or the Landlord's right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 4. or paragraph 6. of this Part of the Schedule in the Service Costs.85Costs.97

Appears in 1 contract

Samples: Lease

Service Charge Statements. After the end of each Accounting Period, the Landlord will supply the Tenant with a statement (the "Service Charge Statement") for that Accounting Period of: the Service Costs; [and the Centre Contribution;] and the Service Charge payable.83 payable.91 The Landlord must take reasonable steps to supply the Service Charge Statement within four months after the end of each Accounting Period. The Service Charge Statement must include a certificate signed by the Landlord or the Landlord's managing agent, accountant or surveyor (who may be an employee of either the Landlord or a Group Company of the Landlord) certifying that it gives a true and fair summary of the matters to which it relates. In calculating the Service Costs, the Landlord may include: the Landlord's own reasonable management fee where the Landlord, a Group Company of the Landlord or an employee of either of them undertakes the management of the Services; and 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 of Lettable Units; or any Lettable Unit being unlet; or the Landlord decides to incur service charge expenditure in one Accounting Period and recover that expenditure over two or more Accounting Periods. Service Costs incurred in one Accounting Period, if not included in the Service Charge Statement for that Accounting Period for any reason, may be included in the Service Charge Statement for a subsequent Accounting Period. The Tenant will be entitled on prior appointment to inspect evidence of the Service Costs [and the Centre Contribution] at the Landlord's head office or any other location the Landlord specifies. The Tenant must ask to inspect the evidence not later than four months after receipt of the Service Charge Statement. On-account payments of Service Charge Until the Service Charge for each Accounting Period has been calculated, the Tenant must pay, by equal [monthly] [quarterly] payments on the Rent Days, a provisional sum by way of Service Charge at the level that the Landlord requires. The Tenant must also pay on demand any sum or sums that the Landlord requires where the Landlord will be obliged to incur any Service Costs and the sums held on account by the Landlord are insufficient to meet those costs. Sums payable under this paragraph 1.3 shall be taken into account when calculating the amounts payable by the Tenant to the Landlord or by the Landlord to the Tenant under paragraph 1.4 of this Part of the Schedule. Balancing payments of Service Charge When the Service Charge for each Accounting Period has been calculated: the Tenant must pay any amount due from it on demand; and84 and92 the Landlord must credit any amount due to the Tenant against the next payment or payments to be made by the Tenant under paragraph 1.3 of this Part of the Schedule. Any amount owing at the End Date must be repaid to the Tenant within one month of its calculation. The End Date will not affect the Tenant's obligation to pay or the Landlord's right to recover Service Charge after the End Date where this has not been calculated and demanded before the End Date. Service Charge exclusions The Landlord must not include any of the costs set out in paragraph 5 of this Part of the Schedule in the Service Costs.85Costs.93

Appears in 1 contract

Samples: Lease

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