Common use of Service Costs Clause in Contracts

Service Costs. The reasonable fees and expenses properly incurred in relation to:- 3.1 the keeping of accounts and management records and the preparing and auditing of the Service Charge accounts and other statements, including the employment or engagement of surveyors, accountants or other agents in connection with them or if (at the discretion of the Landlord) the Landlord or a person connected with the Landlord or employed by the Landlord carries out such work then a reasonable fee not exceeding that which independent agents might properly have charged for the same work; 3.2 employing managing agents:- 3.2.1 to manage the Common Parts and to ensure that the Services are duly and properly provided; and 3.2.2 as agents of the Landlord to collect and when necessary to take all lawful steps to enforce the payment of all rents and other monies (including all service charges) from time to time reserved by the Landlord out of the various lettings from time to time comprised in the Estate or if (at the discretion of the Landlord) the Landlord or a person connected with or employed by the Landlord manages the Common Parts as aforesaid itself, a charge of ten per centum of the Landlord’s Costs otherwise incurred will be made; 3.3 the making and publishing of any regulations for or in connection with the proper use of the Common Parts and the Estate and enforcement of such regulations; 3.4 considering and settling any disputes, doubts, differences, questions or complaints that may arise between the tenants or occupiers of the Estate; 3.5 borrowing any necessary sums for or in connection with the provision of the services set out in paragraphs 2 and 3 of this Schedule 3 including the interest, commission, banking or other charges in connection with them; 3.6 taking all steps deemed desirable or expedient by the Landlord to comply with, make representations against or otherwise contest any Act of Parliament or any regulation or notice or order or any other requirement of any competent authority which may at any time during the Term affect or threaten to affect the Estate or the beneficial use of it; 3.7 the proper costs where these cannot be recovered from another party of enforcing any claim or making or defending any proceedings that the Landlord in its absolute discretion takes or defends in relation to the Estate including (for example) against contractors consultants architects consulting engineers surveyors or other employed or engaged in connection with the Services and/or to establish preserve or defend any rights amenities or facilities used or enjoyed by tenants or occupiers of the Estate or to which they may be entitled and abating any nuisance affecting the Estate, except to the extent that abating the nuisance is the liability of any tenant of the Estate; 3.8 such sums as the Landlord may from time to time reasonably require to be set aside in a reserve fund as a reserve to meet such future costs as the Landlord reasonably expects to incur in connection with the Services and/or the expenses overheads payments charges and other outgoings above referred to in this paragraph. But the Landlord hereby agrees and declares that:- 3.8.1 any such reserve fund is held on trust for the benefit of the tenants of the Estate and is to be placed in an interest earning deposit account; 3.8.2 such reserve fund and any interest earned thereon (after the proper deduction of any tax which may be payable on such sums) is to be used for the purposes for which the reserve fund is intended; 3.9 promoting the Estate, including advertising in any form of media and any other activities designed to promote the Estate and the interests of its occupants and employing advertising agents and other consultants.

Service Costs. 1. Subject to paragraph 11.1 of Part 4 of this Schedule, the Service Costs are the total of: 1.1 All of the reasonable and properly incurred costs of: (a) providing the Services; (b) providing the Services in respect of any of the Retained Parts as the Landlord may in its reasonable discretion consider appropriate for the purposes of good estate management; (c) the supply and removal of Utilities to and from the Retained Parts; (d) reading any meters at the Building; (e) complying with the recommendations and requirements of the insurers of the Building (insofar as those recommendations and requirements relate to the Retained Parts); (f) complying with all laws relating to the Retained Parts, their use and any works carried out to them, relating to the use of all Service Media, machinery and equipment at or serving the Retained Parts and relating to any materials kept at or disposed of from the Retained Parts; (g) complying with the Third Party Rights insofar as they relate to the Retained Parts; (h) taking any steps (including proceedings) that the Landlord considers necessary to prevent or remove any encroachment over the Retained Parts or to prevent the acquisition of any right over the Retained Parts (or Building as a whole) or to remove any obstruction to the flow of light or air to the Retained Parts (or the Building as a whole); and (i) borrowing to fund major expenditure on any Service which is infrequent or of an unusual nature. The total of the reasonable and properly incurred costs, fees and expenses properly incurred in relation to:- 3.1 the keeping disbursements of accounts and management records and the preparing and auditing of the Service Charge accounts and other statements, including the employment any managing agent or engagement of surveyors, accountants or other agents in connection with them or if (at the discretion of the Landlord) the Landlord or a person connected with the Landlord or employed by the Landlord carries out such work then a reasonable fee not exceeding that which independent agents might properly have charged for the same work; 3.2 employing managing agents:- 3.2.1 to manage the Common Parts and to ensure that the Services are duly and properly provided; and 3.2.2 as agents of the Landlord to collect and when necessary to take all lawful steps to enforce the payment of all rents and other monies (including all service charges) from time to time reserved Landlord, or by the Landlord out of the various lettings from time to time comprised in the Estate managing agents, or if (at the discretion of the Landlord) the Landlord or a person connected with or employed by the Landlord manages the Common Parts as aforesaid itself, a charge of ten per centum of the Landlord’s Costs otherwise incurred will be made; 3.3 the making and publishing of any regulations for or in connection with the proper use of the Common Parts and the Estate and enforcement of such regulations; 3.4 considering and settling any disputes, doubts, differences, questions or complaints that may arise between the tenants or occupiers of the Estate; 3.5 borrowing any necessary sums for or in connection with the provision of the services set out in paragraphs 2 and 3 of this Schedule 3 including the interest, commission, banking or other charges in connection with them; 3.6 taking all steps deemed desirable or expedient retained by the Landlord to comply withact on the Landlord's behalf (or, make representations against where no such person is employed or otherwise contest any Act of Parliament or any regulation or notice or order or any other requirement of any competent authority which may at any time during the Term affect or threaten to affect the Estate or the beneficial use of it; 3.7 the proper costs where these cannot be recovered from another party of enforcing any claim or making or defending any proceedings that retained, the Landlord in its absolute discretion takes or defends itself) in relation to the Estate including carrying out and provision of the Services, calculation of the Service Costs and the administration of the Service Charge. 1.2 Subject to paragraph 11.2 of Part 4 of this Schedule, all of the reasonable and properly incurred costs in relation to the Site Management Staff as follows: (a) salaries (and all appropriate benefits); (b) employers' costs (including, but not limited to, national insurance contributions and tax, costs of compliance with statutory requirements, pension, welfare and insurance contributions) and any associated administrative costs; (c) training; (d) uniforms; and (e) all equipment and supplies needed for example) against contractors consultants architects consulting engineers surveyors or the proper performance of their duties. 1.3 All rates, taxes and impositions payable in respect of the Retained Parts, their use and any works carried out on them (other employed or engaged than any taxes payable by the Landlord in connection with any dealing with or disposition of its reversionary interest in the Services and/or to establish preserve or defend Building). 1.4 The reasonable and proper cost of complying with any rights amenities or facilities used or enjoyed by tenants or occupiers of the Estate Landlord's obligations contained in Part 4 of this Schedule. 1.5 All costs incurred in carrying out any marketing, promotion and advertising of the Building. 1.6 All costs incurred or to contributed by the Landlord in respect of the repair, maintenance or renewal of any road, pathway or other accessway which they may be entitled and abating serves, but does not form part of, the Building. 1.7 Any VAT payable in respect of any nuisance affecting of the Estate, items mentioned above except to the extent that abating the nuisance is the liability of any tenant of the Estate; 3.8 such sums as the Landlord may from time to time reasonably require to be set aside in a reserve fund as a reserve to meet obtains credit for such future costs as the Landlord reasonably expects to incur in connection with the Services and/or the expenses overheads payments charges and other outgoings above referred to in this paragraph. But the Landlord hereby agrees and declares that:- 3.8.1 any such reserve fund is held on trust for the benefit of the tenants of the Estate and is to be placed in an interest earning deposit account; 3.8.2 such reserve fund and any interest earned thereon (after the proper deduction of any tax which may be payable on such sums) is to be used for the purposes for which the reserve fund is intended; 3.9 promoting the Estate, including advertising in any form of media and any other activities designed to promote the Estate and the interests of its occupants and employing advertising agents and other consultantsVAT.

Service Costs. The reasonable fees Service Costs are the total of: (a) all of the costs reasonably and expenses properly incurred in relation to:-or reasonably and properly estimated by the Landlord to be incurred of: 3.1 (i) providing the keeping Services; (ii) the supply and removal of accounts electricity, gas, water, sewage and management records other utilities to and from the preparing Retained Parts; (iii) complying with the recommendations and auditing requirements of the Service Charge accounts insurers of the Building (insofar as those recommendations and other statementsrequirements relate to the Retained Parts); (iv) complying with all laws relating to the Retained Parts, including their use and any works carried out at them, and relating to any materials kept at or disposed of from the employment Common Parts; (v) complying with the Third Party Rights insofar as they relate to the Retained Parts; (vi) putting aside such sum as shall reasonably be considered necessary by the Landlord (whose decision shall be final as to questions of fact) to provide reserves or engagement sinking funds for items of surveyors, accountants future expenditure to be or other agents expected to be incurred at any time in connection with them providing the Services; and (vii) taking any steps (including proceedings) that the Landlord considers necessary to prevent or if remove any encroachment over the Retained Parts or to prevent the acquisition of any right over the Retained Parts (at or the discretion Building as a whole) or to remove any obstruction to the flow of light or air to the LandlordRetained Parts (or the Building as a whole); (b) the Landlord or a person connected with the Landlord or costs, fees and disbursements reasonably and properly incurred of: (i) managing agents employed by the Landlord carries out such work then a reasonable fee not exceeding that which independent agents might properly have charged for the same workcarrying out and provision of the Services or, where managing agents are not employed, a management fee for the same; 3.2 employing managing agents:- 3.2.1 to manage the Common Parts and to ensure that the Services are duly and properly provided; and 3.2.2 as agents of the Landlord to collect and when necessary to take all lawful steps to enforce the payment of all rents and other monies (including all service chargesii) from time to time reserved by the Landlord out of the various lettings from time to time comprised in the Estate or if (at the discretion of the Landlord) the Landlord or a person connected with or accountants employed by the Landlord manages to prepare and audit the Common Parts as aforesaid itself, a service charge of ten per centum accounts; and (iii) any other person reasonably and properly retained by the Landlord to act on behalf of the Landlord’s Costs otherwise incurred will be made; 3.3 the making and publishing of any regulations for or Landlord in connection with the proper use Building or the provision of Services. (c) all rates, taxes, impositions and outgoings payable in respect of the Common Parts Retained Parts, their use and any works carried out on them (other than any taxes payable by the Estate and enforcement of such regulations; 3.4 considering and settling any disputes, doubts, differences, questions or complaints that may arise between the tenants or occupiers of the Estate; 3.5 borrowing any necessary sums for or Landlord in connection with any dealing with or disposition of its reversionary interest in the provision of the services set out in paragraphs 2 and 3 of this Schedule 3 including the interest, commission, banking or other charges in connection with them;Building); and 3.6 taking all steps deemed desirable or expedient (d) any VAT payable by the Landlord to comply with, make representations against or otherwise contest any Act of Parliament or any regulation or notice or order or any other requirement in respect of any competent authority which may at any time during the Term affect or threaten to affect the Estate or the beneficial use of it; 3.7 the proper costs where these cannot be recovered from another party of enforcing any claim or making or defending any proceedings that the Landlord in its absolute discretion takes or defends in relation to the Estate including (for example) against contractors consultants architects consulting engineers surveyors or other employed or engaged in connection with the Services and/or to establish preserve or defend any rights amenities or facilities used or enjoyed by tenants or occupiers of the Estate or to which they may be entitled and abating any nuisance affecting the Estate, items mentioned above except to the extent that abating the nuisance is the liability of any tenant of the Estate; 3.8 such sums as the Landlord may from time is able to time reasonably require to be set aside in a reserve fund as a reserve to meet recover such future costs as the Landlord reasonably expects to incur in connection with the Services and/or the expenses overheads payments charges and other outgoings above referred to in this paragraph. But the Landlord hereby agrees and declares that:- 3.8.1 any such reserve fund is held on trust for the benefit of the tenants of the Estate and is to be placed in an interest earning deposit account; 3.8.2 such reserve fund and any interest earned thereon (after the proper deduction of any tax which may be payable on such sums) is to be used for the purposes for which the reserve fund is intended; 3.9 promoting the Estate, including advertising in any form of media and any other activities designed to promote the Estate and the interests of its occupants and employing advertising agents and other consultantsVAT.

Service Costs. The reasonable Service Costs are the total of: (a) all of the costs reasonably and properly incurred or reasonably and properly estimated by the Landlord to be incurred of: (a) providing the Services; (b) the supply and removal of electricity, gas, water, sewage and other utilities to and from the Retained Parts; (c) complying with the recommendations and requirements of the insurers of the Building (insofar as those recommendations and requirements relate to the Retained Parts); (d) complying with all laws relating to the Retained Parts, their use and any works carried out at them, and relating to any materials kept at or disposed of from the Common Parts; (e) complying with the Third Party Rights insofar as they relate to the Retained Parts; (f) taking any steps (including proceedings) that the Landlord considers necessary to prevent or remove any encroachment over the Retained Parts or to prevent the acquisition of any right over the Retained Parts (or the Building as a whole) or to remove any obstruction to the flow of light or air to the Retained Parts (or the Building as a whole); (b) the costs, fees and expenses disbursements reasonably and properly incurred in relation to:-of: 3.1 the keeping of accounts and management records and the preparing and auditing of the Service Charge accounts and other statements, including the employment or engagement of surveyors, accountants or other (a) managing agents in connection with them or if (at the discretion of the Landlord) the Landlord or a person connected with the Landlord or employed by the Landlord carries out such work then a reasonable fee not exceeding that which independent agents might properly have charged for the same workcarrying out and provision of the Services or, where managing agents are not employed, a management fee for the same; 3.2 employing managing agents:- 3.2.1 to manage the Common Parts and to ensure that the Services are duly and properly provided; and 3.2.2 as agents of the Landlord to collect and when necessary to take all lawful steps to enforce the payment of all rents and other monies (including all service chargesb) from time to time reserved by the Landlord out of the various lettings from time to time comprised in the Estate or if (at the discretion of the Landlord) the Landlord or a person connected with or accountants employed by the Landlord manages to prepare and audit the Common Parts as aforesaid itself, a service charge of ten per centum accounts; and (c) any other person retained by the Landlord to act on behalf of the Landlord’s Costs otherwise incurred will be made; 3.3 the making and publishing of any regulations for or Landlord in connection with the proper use Building or the provision of Services. (d) Insuring against risks involving such repairs or improvements to the building which the demised premises are situate and all or any common parts or services (c) the costs of the Common Parts salaries and employer costs (including pension, welfare and insurance contributions) and uniforms of security reception cleaning and maintenance staff for the Estate Building and enforcement of such regulationsall equipment and supplies needed for the proper performance of their duties; 3.4 considering (d) all rates, taxes, impositions and settling any disputes, doubts, differences, questions or complaints that may arise between the tenants or occupiers outgoings payable in respect of the Estate; 3.5 borrowing Retained Parts, their use and any necessary sums for or works carried out on them (other than any taxes payable by the Landlord in connection with any dealing with or disposition of its reversionary interest in the provision of the services set out in paragraphs 2 and 3 of this Schedule 3 including the interest, commission, banking or other charges in connection with them;Building); and 3.6 taking all steps deemed desirable or expedient (e) any VAT payable by the Landlord to comply with, make representations against or otherwise contest any Act of Parliament or any regulation or notice or order or any other requirement in respect of any competent authority which may at any time during the Term affect or threaten to affect the Estate or the beneficial use of it; 3.7 the proper costs where these cannot be recovered from another party of enforcing any claim or making or defending any proceedings that the Landlord in its absolute discretion takes or defends in relation to the Estate including (for example) against contractors consultants architects consulting engineers surveyors or other employed or engaged in connection with the Services and/or to establish preserve or defend any rights amenities or facilities used or enjoyed by tenants or occupiers of the Estate or to which they may be entitled and abating any nuisance affecting the Estate, items mentioned above except to the extent that abating the nuisance Landlord is the liability of any tenant able to recover such VAT. Executed as a deed by The Council of the Estate; 3.8 such sums as City of York by affixing its Common Seal in the Landlord may from time to time reasonably require to be set aside in a reserve fund presence of: ........................................................ . Authorised Signatory for and on behalf of Assistant Director of Governance and ICT Signed as a reserve to meet such future costs as deed by [NAME OF TENANT in the Landlord reasonably expects to incur in connection with the Services and/or the expenses overheads payments charges and other outgoings above referred to in this paragraph. But the Landlord hereby agrees and declares that:- 3.8.1 any such reserve fund is held on trust for the benefit of the tenants of the Estate and is to be placed in an interest earning deposit account; 3.8.2 such reserve fund and any interest earned thereon (after the proper deduction of any tax which may be payable on such sums) is to be used for the purposes for which the reserve fund is intended; 3.9 promoting the Estate, including advertising in any form of media and any other activities designed to promote the Estate and the interests of its occupants and employing advertising agents and other consultants.presence of: ....................................... [SIGNATURE OF TENANT] Witness Signature:................................

Service Costs. The reasonable fees and expenses properly incurred in relation to:-to: - 3.1 the keeping of accounts and management records and the preparing and auditing of the Service Charge accounts and other statements, including the employment or engagement of surveyors, accountants or other agents in connection with them or if (at the discretion of the Landlord) } the Landlord or a person connected with the Landlord or employed by the Landlord carries out such work then a reasonable fee not exceeding that which independent agents might properly have charged for the same work; 3.2 employing managing agents:-agents: - 3.2.1 to manage the Common Parts and to ensure that the Services are duly and properly provided; and 3.2.2 as agents of the Landlord to collect and when necessary to take all lawful steps to enforce the payment of all rents and other monies (including all service charges) from time to time reserved by the Landlord out of the various lettings from time to time comprised in the Estate or if (at the discretion of the Landlord) the Landlord or a person connected with or employed by the Landlord manages the Common Parts as aforesaid itself, a charge of ten per centum of the Landlord’s 's Costs otherwise incurred will be made; 3.3 the making and publishing of any regulations for or in connection with the proper use of the Common Parts and the Estate and enforcement of such regulations; 3.4 considering and settling any disputes, doubts, differences, questions or complaints that may arise between the tenants or occupiers of the Estate; 3.5 borrowing any necessary sums for or in connection with the provision of the services set out in paragraphs 2 and 3 of this Schedule 3 including the interest, commission, banking or other charges in connection with them; 3.6 taking all steps deemed desirable or expedient by the Landlord to comply with, make representations against or otherwise contest any Act of Parliament or any regulation or notice or order or any other requirement of any competent authority which may at any time during the Term affect or threaten to affect the Estate or the beneficial use of it; 3.7 the proper costs where these cannot be recovered from another party of enforcing any claim or making or defending any proceedings that the Landlord in its absolute discretion takes or defends in relation to the Estate including (for example) against contractors consultants architects consulting engineers surveyors or other employed or engaged in connection with the Services and/or to establish preserve or defend any rights amenities or facilities used or enjoyed by tenants or occupiers of the Estate or to which they may be entitled and abating any nuisance affecting the Estate, except to the extent that abating the nuisance is the liability of any tenant of the Estate; 3.8 such sums as the Landlord may from time to time reasonably require to be set aside in a reserve fund as a reserve to meet such future costs as the Landlord reasonably expects to incur in connection with the Services and/or the expenses overheads payments charges and other outgoings above referred to in this paragraph. But the Landlord hereby agrees and declares that:-that: - 3.8.1 any such reserve fund is held on trust for the benefit of the tenants of the Estate and is to be placed in an interest earning deposit account; 3.8.2 such reserve fund and any interest earned thereon (after the proper deduction of any tax which may be payable on such sums) is to be used for the purposes for which the reserve fund is intended; 3.9 promoting the Estate, including advertising in any form of media and any other activities designed to promote the Estate and the interests of its occupants and employing advertising agents and other consultants.