Common use of TENANT’S PROTECTION PROVISIONS Clause in Contracts

TENANT’S PROTECTION PROVISIONS. (A) There shall be excluded from the Total Expenditure all costs and expenses relating to: (i) the enforcement of the covenants and obligations of the tenants and occupiers of the Estate; (ii) the collection of rents and licence fees from the tenants and occupiers of the Estate and any costs relating to the administration of applications for consents to assign, sublet or alter by tenants or occupiers of the Estate; (iii) the review of rent, the letting and reletting of any part of the Estate and the grant of licences; (iv) any liability or expense which is the responsibility of any tenant or occupier of the Estate under the terms of the lease or other arrangement by which such tenant or occupier uses or occupies the Estate; (v) the capital costs incurred in carrying out improvements to the Estate except insofar as such work constitutes normal repair, renewal or refurbishment; (vi) the initial construction, equipping and fitting out of the Estate; (vii) the cost of making good any damage or destruction to the Estate arising from any risk covered by any policy or policies of insurance arranged by the Landlord pursuant to paragraph 4.12(F) to the extent the cost of doing so has been recovered under such policy or policies of insurance, the Landlord having used reasonable endeavours to recover such costs pursuant to any relevant policy or policies of insurance; (viii) any costs, fees or expenses arising or incurred by reason of any neglect, act or omission of the Landlord or those for whom it is legally responsible; and/or any other tenant or permitted occupier of any part of the Estate or those for whom it is legally responsible, and/or any breach by the Landlord of its obligations under this Lease; and/or any breach by any other tenant or permitted occupier of any part of the Estate of its obligations under their lease or other right of occupation; (ix) any contribution to a sinking fund; (x) the cost of special concessions given by the Landlord to any other tenant or occupier of the Estate; (xi) the costs incurred by or in connection with any proposed sale of the Landlord's interest under this Lease; (xii) all costs (including those of renewal, rebuilding and reinstatement) relating to Conduits that exclusively serve some other tenant or occupier (including the Landlord) of the Estate; and (xiii) any costs associated with the provision of the Car Parking pursuant to Part B of this Schedule. (B) The Service Charge Rent is not to be increased by reason of any part of the Estate being vacant or being occupied by the Landlord or because any other tenant or occupier of the Estate defaults in the payment of its service charge.

TENANT’S PROTECTION PROVISIONS. 9.1 The Landlord will use its reasonable endeavours to: 9.1.1 to run the Service Charge in as transparent, efficient and cost effective a manner as reasonably possible; 9.1.2 in the event of any interruption of a service to resume provision of the relevant service as soon as reasonably practicable; and 9.1.3 provide reasonable advance notice of planned maintenance in order that the Tenant may have regard thereto in organising its affairs. 9.1.4 Where practicable consult with and have due regard to any representations made on behalf of the Tenant or Tenants in relation to the provision of or discontinuance of the Services and in particular before incurring exceptional expenditure whether pursuant to paragraph 5 above or otherwise, (Asave in the case of emergency) so far as reasonably practicable give reasonable prior notice to the tenants in the Estate and have due regard to any representations made by the Tenant and consider in good faith any reasonable alternatives before incurring such expenditure. 9.2 The Landlord will only rebuild replace or renew any service charge item where in its reasonable opinion: 9.2.1 the relevant items are beyond, or are shortly to become beyond, economic repair; 9.2.2 the relevant items are beyond, or are shortly to become beyond, efficient or economic operation, or are coming to the end of their projected useful life; 9.2.3 replacement or renewal can be effected at a relatively low cost compared with the much greater cost that would probably be occasioned by postponement; 9.3 There shall be excluded from the Total Expenditure all Service Costs the following: 9.3.1 any liability or expense for which the Tenant or other tenants or occupiers of the Estate may individually be responsible under the terms of the tenancy or other arrangement by which they use or occupy the Estate; 9.3.2 any fees, costs and expenses relating to: (i) the enforcement incurred by or on behalf of the covenants and obligations Landlord in relation to the marketing grant, re-grant or renewal of any lease of any of the tenants and occupiers Lettable Units or the review of rents in any leases granted of the Estate; (ii) the collection of rents and licence fees from the tenants and occupiers of the Estate and 9.3.3 any costs relating to and expenses incurred by the administration of applications for consents to assign, sublet Landlord in rebuilding or alter by tenants or occupiers of the Estate; (iii) the review of rent, the letting and reletting of any part of the Estate and the grant of licences; (iv) any liability or expense which is the responsibility of any tenant or occupier of the Estate under the terms of the lease or other arrangement by which such tenant or occupier uses or occupies the Estate; (v) the capital costs incurred in carrying out improvements to the Estate except insofar as such work constitutes normal repair, renewal or refurbishment; (vi) the initial construction, equipping and fitting out of the Estate; (vii) the cost of making good reinstating any damage or destruction to of the Estate arising from any risk covered caused by any policy or policies of insurance arranged by the Landlord pursuant to paragraph 4.12(F) Insured Risks (save and to the extent that the cost of doing so has been recovered under such policy or policies of insurance, the Landlord having used reasonable endeavours insurance monies are withheld due to recover such costs pursuant to any relevant policy or policies of insurance; (viii) any costs, fees or expenses arising or incurred by reason of any neglect, an act or omission of the Tenant and the irrecoverable insurance monies have not been paid by the Tenant to the Landlord) or Uninsured Damage; 9.3.4 any expenditure necessitated by the wrongful act or default of the Landlord or those for whom it is legally responsible; and/or its servants or agents; 9.3.5 any other tenant or permitted occupier of any part of the Estate or those for whom it is legally responsible, and/or any breach costs incurred by the Landlord of its obligations under this Lease; and/or in enforcing any breach by any other tenant or permitted occupier of any part of the Estate of its obligations under their lease covenants or other right obligations of occupation; (ix) any contribution to a sinking fund; (x) the cost of special concessions given by the Landlord to any other tenant or occupier in the Estate or other third party; 9.3.6 any fees, costs and expenses incurred in the initial construction fitting out and equipping of the EstateEstate Building or the Estate Common Parts or Building Common Parts including initially providing purchasing, installing, testing and setting to work all items of plant, machinery and other facilities including for the avoidance of doubt any costs that would otherwise be included in paragraph 22 of part III of this schedule in pursuing and enforcing any claim pursuant to paragraph 22.1 in relation to the initial construction fitting out and equipping the Estate Building or Estate Common Parts or Building Common Parts; (xi) the costs 9.3.7 any VAT incurred by or the Landlord in connection with any proposed sale the supply of the Services or any other expenditure which is recoverable by the Landlord's interest under this Lease; (xii) all 9.3.8 any expenditure covered by any policy of insurance maintained by the Landlord to cover loss of Service Charge; 9.3.9 any costs (including those which are recoverable from a third party; 9.3.10 any costs incurred in connection with the marketing, advertising entertainment or promotion of renewal, rebuilding or within the Estate or the Building save any costs incurred in connection with non income producing events and reinstatement) relating to Conduits that exclusively serve some other tenant or occupier (including activities which are organised by the Landlord) Landlord for the benefit of the Estatetenants or lawful occupiers of the Estate provided that such costs shall not exceed the Promotion Cap. 10.1 Until the first Promotion Cap Review Date the Promotion Cap shall be the Initial Promotion Cap and thereafter during each successive Promotion Cap Review Period the Promotion Cap shall be a sum equal to the greater of: 10.1.1 the Promotion Cap immediately before the relevant Promotion Cap Review Date; and (xiii) 10.1.2 the revised Promotion Cap determined in accordance with this clause. 10.2 The Promotion Cap for any costs associated with Review Period is to be determined at the provision of relevant Promotion Cap Review Date by multiplying the Car Parking pursuant Initial Promotion Cap by the last published Index figure before the relevant Promotion Cap Review Date and dividing the result by the Base Figure. 10.3 If the reference base used to Part B compile the Index changes after the date of this Schedule. (B) The Service Charge Rent is not Lease, the figure taken to be increased by reason of any part of the Estate being vacant or being occupied by the Landlord or because any other tenant or occupier of the Estate defaults shown in the payment Index after the change is to be the figure that would have been shown in the Index if the reference base current at the date of its service chargethis Lease had been retained.

TENANT’S PROTECTION PROVISIONS. (A) There shall be excluded from the Total Expenditure all costs and expenses relating to: (i) the enforcement of the covenants and obligations of the tenants and occupiers of the Estate; (ii) the collection of rents and licence fees from the tenants and occupiers of the Estate Estate (iii) and any costs relating to the administration of applications for consents to assign, sublet or alter by tenants or occupiers of the Estate; (iiiiv) the review of rent, the letting and reletting of any part of the Estate and the grant of licences; (ivv) any liability or expense which is the responsibility of any tenant or occupier of the Estate under the terms of the lease or other arrangement by which such tenant or occupier uses or occupies the Estate; (vvi) the capital costs incurred in carrying out improvements to the Estate except insofar as such work constitutes normal repair, renewal or refurbishment; (vivii) the initial construction, equipping and fitting out of the Estate; (viiviii) the cost of making good any damage or destruction to the Estate arising from any risk covered by any policy or policies of insurance arranged by the Landlord pursuant to paragraph 4.12(F) to the extent the cost of doing so has been recovered under such policy or policies of insurance, the Landlord having used reasonable endeavours to recover such costs pursuant to any relevant policy or policies of insurance; (viiiix) any costs, fees or expenses arising or incurred by reason of any neglect, act or omission of the Landlord or those for whom it is legally responsible; and/or any other tenant or permitted occupier of any part of the Estate or those for whom it is legally responsible, ; and/or any breach by the Landlord of its obligations under this Lease; and/or any breach by any other tenant or permitted occupier of any part of the Estate of its obligations under their lease or other right of occupation; (ixx) any contribution to a sinking fund; (xxi) the cost of special concessions given by the Landlord to any other tenant or occupier of the Estate; (xixii) the costs incurred by or in connection with any proposed sale of the Landlord's ’s interest under this Lease; (xiixiii) all costs (including those of renewal, rebuilding and reinstatement) relating to Conduits that exclusively serve some other tenant or occupier (including the Landlord) of the Estate; and (xiiixiv) any costs associated with the provision of the Car Parking pursuant to Part B of this Schedule. (B) The Service Charge Rent is not to be increased by reason of any part of the Estate being vacant or being occupied by the Landlord or because any other tenant or occupier of the Estate defaults in the payment of its service charge.