TENANT’S WORKS. 6.1. Following approval by the Council of HTH Limited’s proposals for the Tenant’s Works submitted in accordance with clause 6.1(d) of the Agreement, the Council shall advise HTH Limited of the arrangements for access to the Building to enable the Tenant’s Works to be completed. 6.2. HTH Limited shall as soon as reasonably practicable after access has been afforded for entry on the Building at its own expense commence and carry out the Tenant’s Works and shall complete the Tenant’s Works within 8 weeks from the date that access was so afforded. 6.3. HTH Limited shall not start the Tenant’s Works until it has: (a) obtained all licences and consents that are required for the Tenant’s Works under all laws and by the owner or occupier of any neighbouring land or otherwise and has produced the same to the Council. (b) provided details of the Tenant’s Works to the insurers of the Building and obtained their consent to carrying out the Tenant’s Works. (c) notified the Council and the insurers of the Building of the date it intends to start carrying out the Tenant’s Works. 6.4. HTH Limited shall carry out the Tenant’s Works: (a) in a good and workmanlike manner and in accordance with good building practice; and (b) with good and suitable materials; and (c) in compliance with all statutes and statutory orders and regulations made under or deriving validity from them, and codes of practice of local authorities, and competent authorities affecting the Tenant’s Works and/or the Building; and (d) with due diligence; and (e) to the reasonable satisfaction of the Council 6.5. If the Tenant’s Works are commenced before the Certificate of Practical Completion is issued, HTH Limited shall not cause any obstruction or interference with the Development, and will comply with the reasonable requirements of the Architect as to the method of and programme for carrying out the Tenant’s Works. 6.6. In carrying out the Tenant’s Works HTH Limited must comply with all laws and the terms of all other licences and consents, the requirements and recommendations of all relevant utility suppliers and those of the insurers of the Building 6.7. HTH Limited must immediately make good, to the reasonable satisfaction of the Council, any damage (including decorative damage) to any land or building or any plant and machinery which is caused by carrying out the Tenant’s Works. 6.8. HTH Limited shall liaise with the CDM Coordinator in respect of the Tenant’s Works and shall carry out the Tenant’s Works in accordance with the CDM Regulations. 6.9. The tenant covenants in the Lease will extend to the Tenant’s Works and apply to the property demised by the Lease as altered by those works.
Appears in 3 contracts
Samples: Development Agreement, Development Agreement, Development Agreement
TENANT’S WORKS. 6.1. Following approval by 6.1 The Tenant shall, if it wishes to carry out the Council Tenant’s Works, having at its own cost prepared the same, submit to the Landlord (in triplicate) for approval, detailed plans, a specification and method statement of HTH Limited’s its proposals for the Tenant’s Works submitted which shall be in accordance with the Tenant Guide. The provisions of clause 6.1(d) 12.3 of the AgreementLease shall govern whether the Landlord’s approval is required or not and, the Council shall advise HTH Limited of the arrangements for access to the Building to enable the Tenant’s Works if required, whether such approval is required not to be completedunreasonably withheld or delayed.
6.2. HTH Limited shall as soon as reasonably practicable after access has been afforded for entry on the Building at its own expense commence and carry out the Tenant’s Works and shall complete the Tenant’s Works within 8 weeks from the date that access was so afforded.
6.3. HTH Limited 6.2 The Tenant shall not start commence any part of the Tenant’s Works until it has:
(a) obtained all licences and consents that are required for the Tenant’s Works under all laws and by the owner or occupier of any neighbouring land or otherwise and has produced the same to the Council.
(b) provided details of the Tenant’s Works to have been approved by the insurers Landlord in writing and clause 12.3 of the Building and obtained their consent to carrying out the Tenant’s Works.
(c) notified the Council and the insurers of the Building of the date it intends to start carrying out the Tenant’s Works.
6.4. HTH Limited shall carry out the Tenant’s Works:
(a) in a good and workmanlike manner and in accordance with good building practice; and
(b) with good and suitable materials; and
(c) in compliance with all statutes and statutory orders and regulations made under or deriving validity from them, and codes of practice of local authorities, and competent authorities affecting the Tenant’s Works and/or the Building; and
(d) with due diligence; and
(e) to the reasonable satisfaction of the Council
6.5. If the Tenant’s Works are commenced before the Certificate of Practical Completion is issued, HTH Limited shall not cause any obstruction or interference with the Development, and will comply with the reasonable requirements of the Architect as to the method of and programme for carrying out the Tenant’s Works.
6.6. In carrying out the Tenant’s Works HTH Limited must comply with all laws and the terms of all other licences and consents, the requirements and recommendations of all relevant utility suppliers and those of the insurers of the Building
6.7. HTH Limited must immediately make good, to the reasonable satisfaction of the Council, any damage (including decorative damage) to any land or building or any plant and machinery which is caused by carrying out the Tenant’s Works.
6.8. HTH Limited shall liaise with the CDM Coordinator Lease applies in respect of the Tenant’s Works and shall carry for the relevant part of the Premises.
6.3 If not granted by the commencement of the Tenant’s Works, on carrying out the Tenant’s Works, the Tenant shall comply with the obligations of the Tenant in the Licences to Carry out Tenant’s Works as if they had been granted.
6.4 The Tenant shall procure that all materials to be used in connection with the Tenant’s Works are delivered straight to (and kept within) the Premises and that all refuse is kept within suitable receptacles (to be provided by and at the cost of the Tenant) to be housed within the service yard at the Property ready for collection by the Corporation of London or other competent authority and the Tenant shall bear the costs of such collection.
6.5 In the event of any failure to comply with the provisions of this clause 6 the Landlord may serve written notice on the Tenant specifying the breach and if the breach has not been remedied within 10 Business Days of the date of service of the notice, the Landlord may serve further written notice requiring the Tenant and its contractors to cease carrying out works to until the failure is remedied to the reasonable satisfaction of the Landlord.
6.6 The parties acknowledge that the Landlord is not and will not become a client in respect of the Tenant’s Works for the purposes of the CDM Regulations. If and to the extent the Landlord is a client in relation to the Tenant’s Works for the purposes of the CDM Regulations the Tenant agrees with the Landlord to be treated as the only client for the purposes of the CDM Regulations in relation to the Tenant’s Works.
6.7 For the purposes of the CDM Regulations the Tenant:
6.7.1 warrants to the Landlord that it has the competence to perform the duties imposed on a client by the CDM Regulations;
6.7.2 acknowledges that the Landlord has not modified the design for the Tenant’s Works or arranged or instructed anyone else to do so; and
6.7.3 covenants:
(a) to comply in all respects with the CDM Regulations and procure that any person involved in carrying out such works complies with the CDM Regulations; and
(b) promptly to provide the Landlord with a copy of the health and safety file for the Tenant’s Works prepared in accordance with the CDM RegulationsRegulations and any code of practice or other guidance issued by any competent authority, to allow the Landlord to inspect the original file and to hand the original file to the Landlord under the Lease at the expiry or sooner determination of the term of the Lease.
6.9. 6.8 The tenant covenants Landlord shall bear its own costs (including without limitation fees and expenses) plus Value Added Tax in connection with the Lease will extend approval of plans and specifications for the Tenant’s Works.
6.9 The Tenant acknowledges that no partnership or agency relationship exists between the Landlord and the Tenant in relation to the Tenant’s Works or is created by or in consequence of the execution of the Tenant’s Works or this agreement or otherwise.
6.10 Following completion of the Tenant’s Works the Tenant shall liaise with the person then responsible for the health and apply safety file for the Works as to any necessary updating of the health and safety file for the Works and/or Tenant’s Works and shall supply to such person all information, drawings and details of the Tenant’s Works as reasonably required by such person and shall use all reasonable endeavours to ensure that such updating is completed within four weeks of completion of the Tenant’s Works.
6.11 The Tenant shall procure the supply of the following to the property demised Landlord as soon as reasonably practicable following receipt and with the Tenant using reasonable endeavours to procure the supply to the Landlord within 30 Business Days of practical completion of the Tenant’s Works:
6.11.1 an electronic version of the final “as-built” scale drawings of the Tenant’s Works;
6.11.2 an electronic version of the final “as-built” scale drawings of the mechanical, electrical and other installations and services of the Tenant’s Works;
6.11.3 the proposed entries in the health and safety file for the Premises in respect of the Tenant’s Works; and
6.11.4 a schedule listing the names and addresses of all contractors and principal sub-contractors and suppliers who have been involved in or concerned with the Tenant’s Works.
6.12 As soon as practicable after the later of:
6.12.1 the date of actual completion of the Lease; and
6.12.2 approval by the Lease Landlord of all aspects of the Tenant’s Works, the Landlord shall grant and the Tenant and the Guarantor shall take up and execute each of the Licences to Carry Out Tenant’s Works which shall contain within it an obligation to deliver a set of “as altered by those worksbuilt” drawings of the Tenant’s Works and specifications relating to the relevant Premises to the Landlord immediately following completion of the Tenant’s Works.
Appears in 1 contract
TENANT’S WORKS. 6.1. Following approval by 20.1 The Tenant shall carry out and complete the Council of HTH Limited’s proposals for Tenant's Works in accordance with the Tenants Plans.
20.2 The Tenant shall commence the Tenant’s Works submitted within six (6) months of the date of this lease, and in accordance with clause 6.1(d) the other terms of this lease.
20.3 The Tenant shall not make any substitution of materials specified or modify or substantially vary the Tenant's Plans in any way without the prior approval of the AgreementLandlord, and the costs of the Landlord in connection with any such application for approval of any variation or modification shall be paid by the Tenant.
20.4 the Tenant covenants with the Landlord as follows:
(a) to procure once work commences that the Tenants Works shall be executed and completed as soon as reasonably practicable and in any event within three years of the date of the Lease;
(b) to insure the construction of the Tenants Works with a reputable insurance company until the Tenants Works are complete, and to pay all premiums in respect thereof;
(c) that the Tenants Works shall be carried out with the best materials of their several kinds and in a workmanlike manner to the satisfaction in all respects and of the Landlord;
(d) that the Tenants Works shall be carried out in a manner which shall not constitute any nuisance or annoyance to the Landlord or any superior landlord or their tenants or the owners or occupiers of any adjacent premises;
(e) that before the Tenants Works shall be commenced the Tenant will communicate particulars of the Tenants Works to the insurance office with which the Property is insured and will obtain the consent of such insurance office to the Tenants Works and the Tenant will pay as additional rent during the residue of the tenancy created by the Lease any sums which the Landlord may expend in additional premiums for the insurance of the Property by reason of the Tenants Works;
(f) that all necessary consents for the execution of the Tenants Works shall be obtained from the local authority, the Council local planning authority and any other statutory authority and the Tenants Works shall advise HTH Limited be completed in accordance with such consents and with all bylaws and requirements of such authorities and with the provisions of all primary and secondary legislation from time to time in force relating to the Tenants Works and with the requirements of any superior landlord and in particular (but without prejudice to the generality of the arrangements for access foregoing):
(i) to comply with the provisions of all primary and secondary legislation from time to time in force relating to town and country planning and environmental matters;
(ii) that any works to the Building electricity supply or electrical installations which are included in the Tenants Works will be carried out only in accordance with the terms and conditions laid down by the Institution of Engineering and Technology and the regulations of the local electricity supply authority;
(iii) that any works to enable the Tenant’s gas supply or gas installations which are included in the Tenants Works will be carried out only in accordance with the requirements of the local gas supply authority; and
(iv) that any works to the water supply which are included in the Tenants Works will be carried out only in accordance with the requirements of the relevant water authority;
(g) that in the event of any such authority as aforesaid requiring any works additional to or differing from the alterations and works referred to in the Tenants Plans, such further or other works shall not be executed without the consent of the Landlord (which consent shall not be unreasonably withheld);
(h) to indemnify the Landlord against any expense, liability, loss, damage, claim or proceedings whatsoever arising out of or in relation to the execution of the Tenants Works;
(i) without prejudice to its other obligations under this clause 20, that the Tenant shall, in relation to the Tenants Works:
(i) comply with the requirements of the CDM Regulations as amended, supplemented or replaced from time to time;
(ii) be the only client for the purposes of the CDM Regulations and the Tenant warrants to the Landlord that it has the competence and resources to comply with the requirements of the CDM Regulations (and in particular shall make sufficient arrangements as referred to in regulation 4 of the CDM Regulations);
(iii) ensure that the Tenant is to be completed.treated as the only client for the purposes of the CDM Regulations;
6.2. HTH Limited shall (iv) deliver to the Landlord (without charge and subject to an irrevocable royalty free licence in favour of the Landlord and/or its agents to use the same for any purpose connected with the Property or any other part of the building of which the Property form part) as soon as it is prepared, but in any event no later than completion of the Tenants Works, the health and safety file complying with the requirements of the CDM Regulations and, as identified in this Licence, of the Landlord;
(v) keep a copy of the health and safety files referred to in clause 20.4(i)(iv) above available at the Property for inspection by the Landlord and third parties;
(vi) as soon as reasonably practicable after access has been afforded for entry on it becomes aware of any information relevant to health and safety in relation to the Building at premises or any other part of the building, the Tenant shall provide such information to the Landlord; and
(j) without prejudice to its own expense commence and carry other obligations under this clause 20, that the Tenant shall, within five days of completion of the Tenants Works, obtain from the contractor carrying out the Tenant’s Tenants Works a valid energy performance certificate and recommendation report, as defined in the Energy Performance of Buildings (England and Wales) Regulations 2012 (the "Regulations") (as amended or updated from time to time) (an "EPC") for the Property and provide a copy of that EPC to the Landlord together with details of the reference number of the EPC and copies of all data, plans and specifications used to prepare the EPC (in a format which the Landlord can retain and use). The obligation to provide an EPC to the Landlord under this clause 20.4(j) shall complete the Tenant’s Works within 8 weeks from the date that access was so afforded.
6.3. HTH Limited shall not start the Tenant’s Works until it hasonly apply where:
(ai) obtained all licences and consents that are required the Tenants Works necessitate the provision of an EPC under the Regulations; or
(ii) the Tenants Works render the Landlord’s existing EPC for the Tenant’s Works Property inaccurate; and
(k) without prejudice to its other obligations under all laws and by this clause 20, that the owner or occupier of any neighbouring land or otherwise and has produced the same Tenant shall, in relation to the Council.
(b) provided details of the Tenant’s Works to the insurers of the Building and obtained their consent to carrying out the Tenant’s Works.
(c) notified the Council and the insurers of the Building of the date it intends to start carrying out the Tenant’s Works.
6.4. HTH Limited shall carry out the Tenant’s Tenants Works:
(ai) in a good and workmanlike manner and in accordance with good building practiceassume liability for any such levy or charge as may be charged by the Local Planning Authority or other authority pursuant to section 206 of the Planning Xxx 0000 ("Community Infrastructure Levy"); and
(bii) with good indemnify the Landlord against any expense or liability whatsoever arising out of the Community Infrastructure Levy
20.5 All the covenants and suitable materials; and
(c) provisions contained in compliance with all statutes and statutory orders and regulations made under or deriving validity from them, and codes of practice of local authorities, and competent authorities affecting the Tenant’s Works and/or the Building; and
(d) with due diligence; and
(e) Lease shall be applicable to the reasonable satisfaction of Tenants Works and to the Council
6.5. If Property in their altered state in the Tenant’s Works are commenced before the Certificate of Practical Completion is issued, HTH Limited shall not cause any obstruction or interference with the Development, and will comply with the reasonable requirements of the Architect same manner as to the method Property prior to the execution of and programme for carrying out the Tenant’s Tenants Works.
6.6. In 20.6 The consent given by this clause 20 does not imply any warranty on the part of the Landlord that the Property can or should be used for the execution of the Tenants Works and the Tenant must satisfy itself as to the ability or otherwise of the structure or fabric of the Property being such as to enable the Tenants Works to be carried out and that any existing services in the Property will not be adversely affected by the carrying out the Tenant’s Works HTH Limited must comply with all laws and the terms of all other licences and consents, the requirements and recommendations of all relevant utility suppliers and those of the insurers of the Building
6.7. HTH Limited must immediately make good, to the reasonable satisfaction of the Council, any damage (including decorative damage) to any land or building or any plant and machinery which is caused by carrying out the Tenant’s Tenants Works.
6.8. HTH Limited shall liaise with the CDM Coordinator in respect of the Tenant’s Works and shall carry out the Tenant’s Works in accordance with the CDM Regulations.
6.9. The tenant covenants in the Lease will extend to the Tenant’s Works and apply to the property demised by the Lease as altered by those works.
Appears in 1 contract
Samples: Lease Agreement
TENANT’S WORKS. 6.1The TENANT may not make any demolition, alterations, drilling of walls or partition walls, expand or change the layout of the leased premises without the express written consent of the LANDLORD. Following approval Such works, if authorised by the Council LANDLORD, shall be carried out under the supervision of HTH Limitedthe LANDLORD’s proposals architect and the related costs shall be borne by the TENANT. No alterations or improvements made by the TENANT without the Landlord’s consent shall give rise to the LANDLORD’s right to seek damages against the TENANT. This provision, however, shall in no case be interpreted as the LANDLORD’s implied consent to the execution of such works. The LANDLORD reserves the right to request, at any time, that the premises be restored to their former condition if any such works are executed without its consent. Even if authorised by the LANDLORD, no alterations, adaptations or improvements made by the TENANT shall give rise to the LANDLORD's right to seek any damages from the TENANT. The TENANT may in no event, at the end of the lease term, take any of the items or materials that it has attached to the leased property at the time of making improvements or renovation, if those elements or materials may not be separated without being broken or otherwise damaged or without breaking or otherwise damaging the foundation to which they are attached. This provision shall be without prejudice to the LANDLORD's right to demand that the premises be restored to the former condition if the works or improvements are carried out or made without its consent. If special requirements are to be complied to allow the works to be carried out (such as a permit for works), the Tenant’s Works submitted TENANT is obliged to provide the LANDLORD with a copy of all documents filed with the competent authorities (local or otherwise). It further undertakes to keep the LANDLORD informed of any responses received in this respect by providing the LANDLORD with a copy of any correspondence. The LANDLORD hereby authorises the TENANT to procure, at its sole expense, a qualified company to carry out interior design work, according to the description of works attached hereto (SCHEDULE 2). Notwithstanding the above authorisation, such works must be carried out in accordance with clause 6.1(d) of the Agreement, the Council shall advise HTH Limited of the arrangements for access to the Building to enable the Tenant’s Works to be completedthis article.
6.2. HTH Limited shall as soon as reasonably practicable after access has been afforded for entry on the Building at its own expense commence and carry out the Tenant’s Works and shall complete the Tenant’s Works within 8 weeks from the date that access was so afforded.
6.3. HTH Limited shall not start the Tenant’s Works until it has:
(a) obtained all licences and consents that are required for the Tenant’s Works under all laws and by the owner or occupier of any neighbouring land or otherwise and has produced the same to the Council.
(b) provided details of the Tenant’s Works to the insurers of the Building and obtained their consent to carrying out the Tenant’s Works.
(c) notified the Council and the insurers of the Building of the date it intends to start carrying out the Tenant’s Works.
6.4. HTH Limited shall carry out the Tenant’s Works:
(a) in a good and workmanlike manner and in accordance with good building practice; and
(b) with good and suitable materials; and
(c) in compliance with all statutes and statutory orders and regulations made under or deriving validity from them, and codes of practice of local authorities, and competent authorities affecting the Tenant’s Works and/or the Building; and
(d) with due diligence; and
(e) to the reasonable satisfaction of the Council
6.5. If the Tenant’s Works are commenced before the Certificate of Practical Completion is issued, HTH Limited shall not cause any obstruction or interference with the Development, and will comply with the reasonable requirements of the Architect as to the method of and programme for carrying out the Tenant’s Works.
6.6. In carrying out the Tenant’s Works HTH Limited must comply with all laws and the terms of all other licences and consents, the requirements and recommendations of all relevant utility suppliers and those of the insurers of the Building
6.7. HTH Limited must immediately make good, to the reasonable satisfaction of the Council, any damage (including decorative damage) to any land or building or any plant and machinery which is caused by carrying out the Tenant’s Works.
6.8. HTH Limited shall liaise with the CDM Coordinator in respect of the Tenant’s Works and shall carry out the Tenant’s Works in accordance with the CDM Regulations.
6.9. The tenant covenants in the Lease will extend to the Tenant’s Works and apply to the property demised by the Lease as altered by those works.
Appears in 1 contract
Samples: Commercial Lease (Edap TMS Sa)
TENANT’S WORKS. 6.1. Following approval by the Council of HTH Limited’s proposals for the Tenant’s Works submitted in accordance with clause 6.1(d) of the Agreement21.1 Conditional upon having received all necessary Approvals, the Council Tenant shall advise HTH Limited of the arrangements for access to the Building to enable the Tenant’s Works to be completed.
6.2. HTH Limited shall as soon as reasonably practicable after access has been afforded for entry on the Building at its own expense commence and carry out and complete the Tenant’s Works and shall complete take all reasonably practicable steps to procure that the Tenant’s Works within 8 weeks from the date that access was so afforded.
6.3. HTH Limited shall not start the Tenant’s Works until it hasare carried out:
(a) obtained all licences 21.1.1 at the sole cost and consents that are required for the Tenant’s Works under all laws and by the owner or occupier of any neighbouring land or otherwise and has produced the same to the Council.
(b) provided details charge of the Tenant’s Works to the insurers of the Building and obtained their consent to carrying out the Tenant’s Works.
(c) notified the Council and the insurers of the Building of the date it intends to start carrying out the Tenant’s Works.
6.4. HTH Limited shall carry out the Tenant’s Works:
(a) Tenant in a good and workmanlike manner and in accordance with good building practice; and
(b) 21.1.2 in accordance with the specifications and drawings referred to in Schedule 6 hereto;
21.1.3 using good quality and suitable materials; and;
(c) 21.1.4 with due diligence;
21.1.5 in accordance with the Approvals;
21.1.6 in compliance with all statutes and statutes, statutory orders and regulations made under them or deriving validity from them, them and any appropriate requirements of any relevant Authority and all Legal Obligations so far as relevant to the Building;
21.1.7 in accordance with all relevant current British Standards and codes of practice practice;
21.1.8 without the use of local authorities, any Prohibited Materials;
21.1.9 and competent authorities affecting the Tenant’s Works and/or the Building; and
(d) with due diligence; and
(e) completed to the reasonable satisfaction of the CouncilLandlord by August 2012.
6.5. If 21.2 The Tenant shall give written notice to the Landlord as soon as reasonably practicable once the Works have been completed so that the Landlord may make its final inspection and as soon as reasonably practicable thereafter to send for retention by the Landlord two hard copies and two electronic copies of the drawings showing the Tenant’s Works are commenced before together with a written specification and narrative of the Certificate Works as carried out to the Premises and copies of Practical Completion is issued, HTH Limited shall not cause any obstruction all consents licences and permissions obtained by or interference on behalf of the Tenant in connection with the Development, and will comply with the reasonable requirements of the Architect as to the method of and programme for carrying out the Tenant’s Works.
6.6. In 21.3 The Tenant covenants with the Landlord:
21.3.1 in carrying out the Tenant’s Works HTH Limited must comply with all laws not to cause any nuisance or disturbance to the Landlord or its tenants or the owners or occupiers of any adjacent or neighbouring premises and not to cause any physical damage to the terms of all other licences and consents, same through the requirements and recommendations of all relevant utility suppliers and those carrying out of the insurers Works;
21.3.2 during the course of the BuildingTenant’s Works not to cause or knowingly permit the infringement or interruption of any right enjoyed by the owners or occupiers of any adjoining or proximate premises;
6.7. HTH Limited must immediately 21.3.3 as soon as practicable at the expense of the Tenant to make good, good all damage caused to any adjoining or proximate premises to the reasonable satisfaction of Premises or suffered by the Council, any damage (including decorative damage) to any land owners or building occupiers thereof or any plant and machinery which is caused by carrying one or more of them arising out of the Tenant’s Works.;
6.8. HTH Limited shall liaise with 21.3.4 without prejudice to the CDM Coordinator in respect rights of the Landlord hereunder, to permit the Landlord to enter upon the Premises at all reasonable times of the day and on no less than 48 hours’ prior notice accompanied by at least one of the Tenant’s employees (which the tenant covenants to provide within the 48 hour notice period) to inspect the state and progress of the Tenant’s Works and the materials used or intended for use therein, and to provide to the Landlord such information and documents in connection with the Tenant’s Works as may be reasonably required by the Landlord;
21.3.5 to indemnify and keep indemnified the Landlord against all liability costs claims expenses and demands howsoever arising out of or in the course of the execution of the Tenant’s Works and in particular (but without prejudice to the generality of the foregoing) to indemnify and keep indemnified the Landlord against any charge that may be imposed under the Town and Country Planning Acts or any charge levy or tax which may become payable by the Landlord directly or indirectly arising as a result of the execution of the Tenant’s Works;
21.3.6 unless the Landlord shall otherwise direct to carry out before the expiration or sooner determination of the Term any works stipulated or required to be carried out to the Premises by a date subsequent to such expiration or sooner determination as a condition of any consent licence permission or approval which may have been applied for by the Tenant and granted during the Term;
21.3.7 to carry out any electrical works included in the Tenant’s Works only in accordance with the terms and conditions laid down by the Institution of Electrical Engineers and the regulations of the electricity supply authority and any works to the gas installation included in the Tenant’s Works in accordance with the regulations and requirements of the relevant gas company or gas authority;
21.3.8 to use all reasonable endeavours to ensure that the principal contractor or other relevant person responds adequately, satisfactorily and within a reasonable time to any comment, complaint or representation of the Landlord in respect of the Tenant’s Works and/or any matter connected with or relating to the Tenant’s Works;
21.3.9 to effect and maintain at all times throughout the Term with a well established insurance office of repute adequate public liability, employers’ liability and all risks insurance in respect of the carrying out of the Tenant’s Works, and to insure the Tenant’s Works themselves until Practical Completion, at which point the insurance provisions in Clause 22 shall apply. and to provide the Landlord on demand evidence of the existence of such insurance and its terms, and to provide the Landlord on demand evidence of the existence of such insurance and its terms;
21.3.10 (if applicable) to comply with the provisions of the Construction (Design and Management) Regulations 2007 and any other relevant and appropriate regulations (the “CDM Regulations.”) and without prejudice to the generality of the foregoing:
6.9. The tenant covenants 21.3.10.1 to appoint a principal contractor and where necessary a planning supervisor;
21.3.10.2 to use all reasonable endeavours to procure that any person owing duties under the CDM Regulations in respect of the Lease will extend Tenant’s Works complies therewith;
21.3.10.3 to compile a health and safety plan prior to the commencement of the Tenant’s Works in accordance with the requirements of the CDM Regulations;
21.3.10.4 to procure that the health and safety file and any other file and documents relating to the Tenant’s Works and apply (the “File”) is available for inspection;
21.3.10.5 to supply such information relating to the property demised File as the Landlord reasonably requires; and
21.3.10.6 to supply to the Landlord without charge a copy of the File.
21.4 The Tenant covenants with the Landlord that in the event that the Tenant’s Works and/or any equipment which is placed on the fifth floor/plant deck of the Premises is proven to be interfering with the Telecoms Equipment (provided for the avoidance of doubt that the phrase “interferes with” shall include interference with any telecommunications signals related to the Telecoms Equipment as well as physical interference therewith) and/or cause the Landlord to breach either or both of the Telecoms Agreements, the Tenant shall:
21.4.1 shall take all reasonable steps to:
21.4.1.1 prevent interference with the Telecoms Equipment; and/or
21.4.1.2 remedy any such aforementioned breach of the Telecoms Agreements, Provided That the Tenant shall not be obliged to cease the operation of any of its equipment, remove or relocate any of its equipment from the fifth floor/plant deck of the Premises, Provided That that the Tenant may in order to comply with its obligations in this Clause be required to remove the parapet wall, glazed plant screens, louvres, cladding and the like from the fifth floor/plant deck of the Premises, but not any other part of the Tenant’s Works;
21.4.2 indemnify and keep the Landlord indemnified from and against all actions proceedings costs claims and demands by third parties in connection with any such interference and/or breach; and
21.4.3 comply with the terms of its correspondence on the matter between the tenant and each of Vodafone and Orange, Provided always that in relation to such indemnity the Landlord shall use all reasonable endeavours to mitigate any claim or loss suffered as a result of any claim in relation to the Telecoms Equipment, shall not settle any claim in relation to the Telecoms Equipment without the prior written consent of the Tenant such consent not to be unreasonably withheld or delayed, and shall permit the Tenant to defend (in the name of the Landlord if necessary and providing a costs indemnity to the Landlord) any claim made in relation to the Telecom’s Equipment and shall provide the Tenant with all reasonable assistance and information in this respect.
21.5 Nothing in this Lease constitutes a representation by or on behalf of the Landlord as to the suitability of the Tenant’s Works or as to the quality or fitness for their purpose of the Tenant’s Works.
21.6 Neither this Lease nor any of the correspondence which the Tenant may have had with the Landlord or its respective advisers concerning the Tenant’s Works constitutes notice under the Landlord and Xxxxxx Xxx 0000 or the Landlord and Xxxxxx Xxx 0000 of an intention to make improvements and the Undertenant shall have no entitlement to compensation in respect of the Works.
21.7 The Tenant shall pay on demand the reasonable fees and costs of the Landlord (including without limitation architects, building surveyors and structural engineers fees) as may be properly incurred by the Lease Landlord in connection with the consideration, inspection and approval of the Tenant’s Works and in respect of the yielding up of the Premises upon the expiration or sooner determination of the Term.
21.8 In carrying out the Tenant’s Works the Tenant must ensure that the parts of the Party Wall being constructed by the Tenant comply with the required ‘load take down’ in relation to those parts of the Party Wall as altered shown on the Plan titled ‘Proposed Loads Along Party Wall with Block D’.
21.9 The Tenant shall not be liable for any delay in carrying out the Tenant’s Works resulting from Force Majeure.
21.10 The Tenant shall use all reasonable endeavours to procure that a collateral warranty substantially in the form attached at Schedule 7 is provided by those worksthe Tenant’s main building contractors to the Landlord within 45 days of the date of this Lease.
Appears in 1 contract
Samples: Lease Agreement
TENANT’S WORKS. 6.1. Following 6.1 The Landlord acknowledges that:-
(i) the Tenant will be undertaking works to the Premises in the nature of those briefly described in the specification and plans attached at Annexure 9 and hereby confirms that it has approved such proposals (“Proposals”) save only that it still requires to see final details of those elements of the Proposals should they go ahead relating to
(i) a third level over part of the building to carry plant equipment which would require alterations to part of the roof structure; and
(ii) a possible adaptation to roof to create plant deck (“Approval Items”) to the extent that the Lease requires the Tenant to obtain the Landlord’s approval
(ii) it will not unreasonably withhold or delay its approval of such detail of such Approval Items once received from the Tenant (notwithstanding the provisions of the Lease)
(iii) the Tenant is entitled on completion of the Lease to carry out the remainder of the Tenant’s Works
6.2 The Tenant shall (if applicable) forthwith at its own cost prepare and submit to the Landlord for approval by the Council of HTH Limited’s proposals for the Tenant’s Works submitted in accordance with clause 6.1(d) Landlord drawings and a specification of the Agreement, Approval Items and upon such approval being obtained in writing the Council Tenant shall advise HTH Limited be entitled to carry out and complete the Approval Items following completion of the arrangements for access to Lease
6.3 The Tenant will provide the Building to enable the Tenant’s Works to be completed.
6.2. HTH Limited shall Landlord with as soon as reasonably practicable after access has been afforded for entry on the Building at its own expense commence built drawings and carry out the Tenant’s Works and shall complete the Tenant’s Works within 8 weeks from the date that access was so afforded.
6.3. HTH Limited shall not start the Tenant’s Works until it has:
(a) obtained all licences and consents that are required for the Tenant’s Works under all laws and by the owner or occupier specifications of any neighbouring land or otherwise and has produced the same to the Council.
(b) provided details of the Tenant’s Works to which affect the insurers structure of the Building and obtained their consent to carrying out the Tenant’s Works.
(c) notified the Council and the insurers Premises within 21 days of the Building completion of the date it intends to start carrying out the Tenant’s Works.
6.4. HTH Limited shall carry out the Tenant’s Works:
(a) in a good and workmanlike manner and in accordance with good building practice; and
(b) with good and suitable materials; and
(c) in compliance with all statutes and statutory orders and regulations made under or deriving validity from them, and codes of practice of local authorities, and competent authorities affecting the Tenant’s Works and/or the Building; and
(d) with due diligence; and
(e) to the reasonable satisfaction of the Council
6.5. If the Tenant’s Works are commenced before the Certificate of Practical Completion is issued, HTH Limited shall not cause any obstruction or interference with the Development, and will comply with the reasonable requirements of the Architect as to the method of and programme for carrying out the Tenant’s Works.
6.6. In carrying out the Tenant’s Works HTH Limited must comply with all laws and the terms of all other licences and consents, the requirements and recommendations of all relevant utility suppliers and those of the insurers of the Building
6.7. HTH Limited must immediately make good, to the reasonable satisfaction of the Council, any damage (including decorative damage) to any land or building or any plant and machinery which is caused by carrying out the Tenant’s Works.
6.8. HTH Limited shall liaise with the CDM Coordinator in respect of the Tenant’s Works and shall carry out the Tenant’s Works such works in accordance with the CDM Regulations.
6.9. The tenant covenants in provisions of the Lease will extend to the Tenant’s Works and apply to the property demised by the Lease as altered by those works.Lease
Appears in 1 contract
Samples: Agreement for Lease (Rackspace Inc)
TENANT’S WORKS. 6.1. Following approval by 12.1 The Tenant shall, having at its own cost prepared the Council same, submit to the Developer (in triplicate) for approval, detailed plans, a specification and method statement of HTH Limited’s its proposals for the Tenant’s Works submitted which shall be in accordance with the Tenant Guide. The provisions of clause 6.1(d) 12 of each of the AgreementLeases shall govern whether the Developer’s approval is required or not and, the Council shall advise HTH Limited of the arrangements for access to the Building to enable the Tenant’s Works if required, whether such approval is required not to be completedunreasonably withheld or delayed.
6.2. HTH Limited shall as soon as reasonably practicable after access has been afforded for entry on the Building at its own expense commence and carry out the Tenant’s Works and shall complete the Tenant’s Works within 8 weeks from the date that access was so afforded.
6.3. HTH Limited 12.2 The Tenant shall not start commence any part of the Tenant’s Works until it has:
(a) obtained all licences and consents that are required for the Tenant’s Works under all laws and by the owner or occupier of any neighbouring land or otherwise and has produced the same to the Council.
(b) provided details of the Tenant’s Works to have been approved by the insurers Developer in writing and clause 12.3 of each of the Building and obtained their consent to carrying out the Tenant’s Works.
(c) notified the Council and the insurers of the Building of the date it intends to start carrying out the Tenant’s Works.
6.4. HTH Limited shall carry out the Tenant’s Works:
(a) in a good and workmanlike manner and in accordance with good building practice; and
(b) with good and suitable materials; and
(c) in compliance with all statutes and statutory orders and regulations made under or deriving validity from them, and codes of practice of local authorities, and competent authorities affecting the Tenant’s Works and/or the Building; and
(d) with due diligence; and
(e) to the reasonable satisfaction of the Council
6.5. If the Tenant’s Works are commenced before the Certificate of Practical Completion is issued, HTH Limited shall not cause any obstruction or interference with the Development, and will comply with the reasonable requirements of the Architect as to the method of and programme for carrying out the Tenant’s Works.
6.6. In carrying out the Tenant’s Works HTH Limited must comply with all laws and the terms of all other licences and consents, the requirements and recommendations of all relevant utility suppliers and those of the insurers of the Building
6.7. HTH Limited must immediately make good, to the reasonable satisfaction of the Council, any damage (including decorative damage) to any land or building or any plant and machinery which is caused by carrying out the Tenant’s Works.
6.8. HTH Limited shall liaise with the CDM Coordinator Leases applies in respect of the Tenant’s Works and for the relevant part of the Premises.
12.3 The Tenant shall carry out and complete the Tenant’s Category A Works on the terms set out in the Licence to Carry Out Tenant’s Works in respect of the part ground floor of the Premises following the approval of the Developer in accordance with clause 12.1.
12.4 If not granted by the commencement of the Tenant’s Works, on carrying out the Tenant’s Works, the Tenant shall comply with the obligations of the Tenant in the Licences to Carry out Tenant’s Works as if they had been granted.
12.5 The Tenant shall procure that all materials to be used in connection with the Tenant’s Works are delivered straight to (and kept within) the Premises and that all refuse is kept within suitable receptacles (to be provided by and at the cost of the Tenant) to be housed within the service yard at the Property ready for collection by the Corporation of London or other competent authority and the Tenant shall bear the costs of such collection.
12.6 In the event of any failure to comply with the provisions of this clause 12 the Developer may serve written notice on the Tenant specifying the breach and if the breach has not been remedied within 10 Business Days of the date of service of the notice, the Developer may serve further written notice requiring the Tenant and its contractors to cease carrying out works to until the failure is remedied to the reasonable satisfaction of the Developer.
12.7 The parties acknowledge that the Developer is not and will not become a client in respect of the Tenant’s Works for the purposes of the CDM Regulations. If and to the extent the Developer is a client in relation to the Tenant’s Works for the purposes of the CDM Regulations the Tenant agrees with the Developer to be treated as the only client for the purposes of the CDM Regulations in relation to the Tenant’s Works.
12.8 For the purposes of the CDM Regulations the Tenant:
12.8.1 warrants to the Developer that it has the competence to perform the duties imposed on a client by the CDM Regulations;
12.8.2 acknowledges that the Developer has not modified the design for the Tenant’s Works or arranged or instructed anyone else to do so; and
12.8.3 covenants:
(a) to comply in all respects with the CDM Regulations and procure that any person involved in carrying out such works complies with the CDM Regulations; and
(b) promptly to provide the Developer with a copy of the health and safety file for the Tenant’s Works prepared in accordance with the CDM RegulationsRegulations and any code of practice or other guidance issued by any competent authority, to allow the Developer to inspect the original file and to hand the original file to the Developer under the Leases at the expiry or sooner determination of the term of the Leases.
6.9. 12.9 The tenant covenants Tenant acknowledges that no partnership or agency relationship exists between the Developer and the Tenant in the Lease will extend relation to the Tenant’s Works or is created by or in consequence of the execution of the Tenant’s Works or this agreement or otherwise.
12.10 The Developer shall bear its own costs (including, without limitation, fees and apply expenses of their professional advisers) plus Value Added Tax in connection with the approval of plans and specifications for the Tenant’s Works and for monitoring and/or supervising the Tenant’s Works up to a maximum of twenty thousand pounds (£20,000) and above such maximum, the property demised by Tenant shall pay such reasonable and proper fees and expenses of the Lease as altered by those worksDeveloper plus Value Added Tax.
Appears in 1 contract
Samples: Agreement for Leases
TENANT’S WORKS. 6.1. Following approval by 12.1 If the Council of HTH Limited’s proposals for the Tenant’s Works submitted in accordance with clause 6.1(d) of the Agreement, the Council shall advise HTH Limited of the arrangements for access to the Building to enable the Tenant’s Works to be completed.
6.2. HTH Limited shall as soon as reasonably practicable after access has been afforded for entry on the Building at its own expense commence and carry Tenant carries out the Tenant’s Works and shall complete the Tenant’s Works within 8 weeks from the date that access was so afforded.
6.3. HTH Limited shall not start the Tenant’s Works until it hasTenant shall:
(a) obtained all licences and consents that are required for before commencing the Tenant’s Works under all laws and by the owner or occupier of any neighbouring land or otherwise and has produced the same submit to the Council.Landlord in duplicate detailed drawings specifications and other details of them for the approval of the Landlord where such approval would be required under the terms of the Lease if the Lease had already been granted (and which approval shall not be unreasonably withheld or delayed where so provided in the Lease)
(b) provided details of before commencing the Tenant’s Works obtain all Necessary Consents for them and promptly supply copies of such to the insurers of the Building and obtained their consent to carrying out the Tenant’s Works.Landlord
(c) notified promptly after the Council Practical Completion Date commence and the insurers of the Building of the date it intends to start carrying out the Tenant’s Works.
6.4. HTH Limited shall thereafter promptly carry out the Tenant’s Works:
(a) in a good and workmanlike manner and in accordance with good building practice; and
(b) with good and suitable materials; and
(c) in compliance with all statutes and statutory orders and regulations made under or deriving validity from them, and codes of practice of local authorities, and competent authorities affecting the Tenant’s Works and/or the Building; and
(d) with due diligence; and
(e) to the reasonable satisfaction of the Council
6.5. If the Tenant’s Works are commenced before the Certificate of Practical Completion is issued, HTH Limited shall not cause any obstruction or interference with the Development, and will comply with the reasonable requirements of the Architect as to the method of and programme for carrying out the Tenant’s Works.
6.6. In carrying out the Tenant’s Works HTH Limited must comply with all laws and the terms of all other licences and consents, the requirements and recommendations of all relevant utility suppliers and those of the insurers of the Building
6.7. HTH Limited must immediately make good, to the reasonable satisfaction of the Council, any damage (including decorative damage) to any land or building or any plant and machinery which is caused by carrying out the Tenant’s Works.
6.8. HTH Limited shall liaise with the CDM Coordinator in respect of the Tenant’s Works and shall carry out complete the Tenant’s Works in accordance with the CDM Regulations.drawings and specifications and other details approved by the Landlord and otherwise in accordance with clause 3.1 and 3.2(b) (mutatis mutandis)
6.9. The tenant covenants in (d) until completion of the Lease will extend comply with such reasonable regulations as the Landlord may from time to time make as to means of access and times of access (whether for persons or vehicles) hours of working parking of vehicles safety storage and delivery of materials security and protection
(e) carry out and complete the Tenant’s Works and apply in accordance with terms of the Licence for Alterations as if the Licence for Alterations had already been completed
12.2 Any approval of the Tenant’s Works by the Landlord shall be given at its own cost in the form of the annexed Licence for Alterations which shall be entered into upon the grant of the Lease (or upon approval of the Tenant’s Works if later)
12.3 In relation to the property demised by Landlord’s Fit-Out Works the Lease as altered by those works.Tenant shall procure that the Tenant’s Representative shall respond promptly to any reasonable request from the Employer’s Agent or the Contractor for further information or design input and to requests for approval relevant to or necessary for the efficient and timely incorporation of the Landlord’s Fit-Out Works into the construction of the Building and in the case of any such request for approval shall respond thereto within 3 Working Days (in respect of which time shall be of the essence) so that in default of such response such approval shall be deemed to have been given
Appears in 1 contract
TENANT’S WORKS. 6.1. Following approval by 17.1 To the Council of HTH Limited’s proposals for extent it has not done so prior to such date the Tenant’s Works submitted in accordance with clause 6.1(d) of the AgreementTenant shall, the Council shall advise HTH Limited of the arrangements for access to the Building to enable the Tenant’s Works to be completed.
6.2. HTH Limited shall as soon as reasonably practicable after access has been afforded the date of this agreement at the Tenant's expense prepare and submit to the Landlord for entry on approval (such approval not to be unreasonably withheld or delayed), plans and specifications of the Building at its own expense commence Tenant's Works and carry out the Tenant’s Occupational Plan in such detail as the Landlord shall reasonably require provided that no such approval shall be required in respect of works generally in accordance with the Tenant’s Fit-out Specification and provided further that the Tenant shall not be responsible for the payment of the fees of the Landlord or any other professional advisors for approving the plans and specifications and other details of the Tenant's Works (including supervision thereof) or the preparation and completion of the Licence to Carry Out Works.
17.2 The Tenant shall apply for and use reasonable endeavours to obtain all Requisite Consents required for the Tenant's Works.
17.3 The Tenant shall use reasonable endeavours to:
(a) commence the Tenant's Works as soon as reasonably practicable after the Practical Completion Date; and
(b) complete the Tenant’s 's Works within 8 16 weeks from after the date that access was so affordedLease Completion Date.
6.3. HTH Limited 17.4 The Tenant shall not start the Tenant’s 's Works until it the Tenant has:
(a) where applicable, obtained the Landlord's approval to the Tenant's Works in accordance with clause 17.1;
(b) obtained all licences and consents that are Requisite Consents required for the Tenant’s 's Works under all laws and by the owner or occupier provided copies of any neighbouring land or otherwise and has produced the same to the Council.
(b) provided details of the Tenant’s Works to the insurers of the Building and obtained their consent to carrying out the Tenant’s Works.Landlord;
(c) notified the Council Landlord and the insurers of the Building Premises of the date on which it intends to start carrying out the Tenant’s 's Works; and
(d) (if applicable) complied with clause 17.6(a).
6.4. HTH Limited shall 17.5 The Tenant shall:
(a) carry out the Tenant’s 's Works:
(ai) using good quality, materials which are fit for the purpose for which they shall be used; and
(ii) in a good and workmanlike manner manner.
(b) in respect of the Tenant's Works comply with:
(i) all statutory and in accordance with good building practiceother legal requirements;
(ii) the terms of all Requisite Consents; and
(biii) with good the reasonable requirements of all relevant utility suppliers and suitable materialsthe insurers of the Premises which have been notified to the Tenant in writing prior to the Practical Completion Date.
(c) take all proper steps to ensure that carrying out the Tenant's Works does not make any of the following unsafe:
(i) the structure of the building of which the Premises forms part; and
(cii) in compliance with all statutes and statutory orders and regulations made under any plant or deriving validity from them, and codes machinery at the building of practice of local authorities, and competent authorities affecting which the Tenant’s Works and/or the BuildingPremises forms part; and
(iii) any neighbouring land or buildings;
(d) with due diligence; andin carrying out the Tenant's Works cause as little disturbance and inconvenience as reasonably practicable to the Landlord and the owners and occupiers of the building of which the Premises forms part and of any neighbouring land and not knowingly infringe any of their rights nor the rights of any other person in relation to the Premises;
(e) make good as soon as reasonably practicable (to the reasonable satisfaction of the Council
6.5. If the Tenant’s Works are commenced before the Certificate of Practical Completion is issued, HTH Limited shall not cause any obstruction or interference with the Development, and will comply with the reasonable requirements of the Architect as to the method of and programme for carrying out the Tenant’s Works.
6.6. In carrying out the Tenant’s Works HTH Limited must comply with all laws and the terms of all other licences and consents, the requirements and recommendations of all relevant utility suppliers and those of the insurers of the Building
6.7. HTH Limited must immediately make good, to the reasonable satisfaction of the Council, Landlord) any damage (including decorative damage) to any land or building or any plant and machinery (other than the Premises) which is caused by carrying out the Tenant's Works;
(f) allow the Landlord and its surveyors access to the Premises at all reasonable times on reasonable prior written notice to inspect the progress and quality of the Tenant's Works (both while the Tenant's Works are being carried out and for a reasonable period afterwards) at reasonable times and on reasonable prior notice;
(g) give the Landlord the information it reasonably requests to establish that the Tenant's Works are being and have been carried out in accordance with this agreement;
(h) notify the Landlord as soon as the Tenant's Works have been completed; and
(i) send the Landlord a copy of plans showing the Premises as altered by the Tenant's Works after completion of the Tenant's Works and for the avoidance of doubt this may be in electronic format.
17.6 If the CDM Regulations apply to the Tenant's Works, the Tenant shall (to the extent the CDM Regulations apply to the Tenant’s Works.):
6.8. HTH Limited shall liaise with (a) make a written election that it is to be treated as the CDM Coordinator only client in respect of the Tenant's Works for the purposes of the CDM Regulations and give the Landlord a copy of such election;
(b) comply with its obligations as a client for the purposes of the CDM Regulations;
(c) ensure that the principal pesigner and the principal contractor that it appoints in relation to the Tenant's Works comply with their respective obligations under the CDM Regulations;
(d) liaise with the principal designer to allow the CDM co-ordinator to assist the Tenant in performing the Tenant’s Works and shall carry out duties as client under the CDM Regulations; and
(e) ensure that all relevant documents relating to the Tenant’s Works are placed in the health and safety file for the Premises by the principal designer in accordance with the CDM Regulations.
6.9. The tenant covenants Regulations and, in either event, the Tenant must comply with its obligations in the Lease will extend relating to the documents and the file.
17.7 To the extent that the Landlord may be a client for the purposes of the CDM Regulations in relation to the Tenant’s 's Works, the Landlord agrees with the written election by the Tenant in accordance with clause 17.6(a).
17.8 The Landlord shall only be obliged to insure the Tenant's Works if they form part of the Premises and apply only:
(a) after they have been completed in accordance with this agreement;
(b) for the amount for which the Tenant has notified the Landlord that they should be insured; and
(c) otherwise in accordance with the terms of the Lease.
17.9 The Tenant's Works shall be at the sole risk of the Tenant until the Landlord is obliged to insure the Tenant's Works pursuant to clause 17.8.
17.10 The Tenant shall pay within 7 days of written demand any increase in the insurance premium payable for the Premises or any neighbouring land of the Landlord or the building of which the Premises forms part that arises because of the carrying out of Tenant's Works.
17.11 Any effect on the rental value of the Premises arising in connection with the Tenant's Works shall be taken into account on any rent review under the Lease.
17.12 The Tenant shall:
(a) pay all rates, levies and taxes that arise by reason of the Tenant's Works (including any arising under any laws applying to the property demised by Tenant's Works) whether imposed on the Lease as altered by those worksLandlord or the Tenant; and
(b) indemnify the Landlord from all liability in relation to such rates, levies and taxes and against all costs and claims arising from any breach of the terms of this clause 19.
17.13 Completion of the Licence to Carry out Works shall take place on the later of:
(a) completion of the Lease; and
(b) the Landlord approving the Tenant's Works in accordance with clause 17.1 (where applicable).
Appears in 1 contract
Samples: Lease Agreement
TENANT’S WORKS. 6.1. Following approval by the Council of HTH Limited’s proposals for 7.1 The Landlord has consented in principle to the Tenant’s Works submitted which are to be carried out in accordance with clause 6.1(d) the provisions of the this Agreement, the Council .
7.2 The Tenant shall advise HTH Limited of the arrangements for access — if not done prior to the Building date of this Agreement — after the date of this Agreement at its own cost prepare in triplicate and submit to enable the Landlord for approval drawings and a specification of the Tenant’s Works (where consent for such works is required under Clause 3.9 of the Leases whether or not the Leases have been granted at the date of such application) and before undertaking any works the Tenant shall apply for and use its reasonable endeavours to be completedobtain any applicable Necessary Consents and provide the Landlord with copies thereof.
6.2. HTH Limited 7.3 From the Access Date the Tenant shall as soon as reasonably practicable after be entitled to have access has been afforded to the Premises for entry on the Building at its own expense commence and carry purpose of carrying out the Tenant’s Works and shall complete but:
7.3.1 the Tenant’s Works within 8 weeks from the date that access was so afforded.
6.3. HTH Limited Tenant shall not start in any way obstruct, interfere with or delay the Tenantcarrying out or completion of the Landlord’s Works until it has:Works; and
(a) obtained 7.3.2 the Tenant shall comply with all licences and consents that are required for reasonable directions of the TenantLandlord’s Works under all laws and by the owner or occupier of any neighbouring land or otherwise and has produced the same Monitor as to the Council.
(b) provided details of the Tenant’s Works to the insurers of the Building and obtained their consent to carrying out of the Tenant’s Works.
(c) notified 7.4 Subject as aforesaid, the Council and the insurers of the Building of the date Tenant shall once it intends to start carrying out the Tenant’s Works.
6.4. HTH Limited shall has started them carry out the Tenant’s Works:
(a) in a good and workmanlike manner and in accordance with good building practice; and
(b) with good and suitable materials; and
(c) in compliance with all statutes and statutory orders and regulations made under or deriving validity from them, and codes of practice of local authorities, and competent authorities affecting complete the Tenant’s Works and/or before the Building; and
(d) with due diligence; and
(e) to the reasonable satisfaction end of the Council
6.5. If Term (as defined in the Tenant’s Works are commenced before Leases) and shall notify the Certificate of Practical Completion is issued, HTH Limited shall not cause any obstruction or interference with Landlord in writing immediately the Development, and will comply with the reasonable requirements of the Architect as to the method of and programme for carrying out the Tenant’s Workssame have been completed.
6.6. In carrying out the Tenant’s Works HTH Limited must comply with all laws and the terms of all other licences and consents, the requirements and recommendations of all relevant utility suppliers and those of the insurers of the Building
6.7. HTH Limited must immediately make good, to the reasonable satisfaction of the Council, any damage (including decorative damage) to any land or building or any plant and machinery which is caused by carrying out the Tenant’s Works.
6.8. HTH Limited shall liaise with the CDM Coordinator in respect of the Tenant’s Works and 7.5 The Tenant shall carry out the Tenant’s Works in a good and workmanlike manner in accordance with the CDM Regulationsapproved drawings and specification and any applicable Necessary Consents and to the satisfaction of the Landlord.
6.9. The tenant covenants in the Lease will extend to 7.6 In carrying out any of the Tenant’s Works and apply prior to the property demised by Lease Completion Date the Lease Tenant shall perform and observe all the provisions of the Licences to Alter as altered by those worksif the same were set out in full in this Agreement.
Appears in 1 contract
TENANT’S WORKS. 6.1. Following approval by 12.1 The Tenant shall, having at its own cost prepared the Council same, submit to the Developer (in triplicate) for approval, detailed plans, a specification and method statement of HTH Limited’s its proposals for the Tenant’s Works submitted which shall be in accordance with the Tenant Guide. The provisions of clause 6.1(d) 12 of each of the AgreementLeases shall govern whether the Developer’s approval is required or not and, the Council shall advise HTH Limited of the arrangements for access to the Building to enable the Tenant’s Works if required, whether such approval is required not to be completedunreasonably withheld or delayed.
6.2. HTH Limited shall as soon as reasonably practicable after access has been afforded for entry on the Building at its own expense commence and carry out the Tenant’s Works and shall complete the Tenant’s Works within 8 weeks from the date that access was so afforded.
6.3. HTH Limited 12.2 The Tenant shall not start commence any part of the Tenant’s Works until it has:
(a) obtained all licences and consents that are required for the Tenant’s Works under all laws and by the owner or occupier of any neighbouring land or otherwise and has produced the same to the Council.
(b) provided details of the Tenant’s Works to have been approved by the insurers Developer in writing and clause 12.3 of each of the Building and obtained their consent to carrying out the Tenant’s Works.
(c) notified the Council and the insurers of the Building of the date it intends to start carrying out the Tenant’s Works.
6.4. HTH Limited shall carry out the Tenant’s Works:
(a) in a good and workmanlike manner and in accordance with good building practice; and
(b) with good and suitable materials; and
(c) in compliance with all statutes and statutory orders and regulations made under or deriving validity from them, and codes of practice of local authorities, and competent authorities affecting the Tenant’s Works and/or the Building; and
(d) with due diligence; and
(e) to the reasonable satisfaction of the Council
6.5. If the Tenant’s Works are commenced before the Certificate of Practical Completion is issued, HTH Limited shall not cause any obstruction or interference with the Development, and will comply with the reasonable requirements of the Architect as to the method of and programme for carrying out the Tenant’s Works.
6.6. In carrying out the Tenant’s Works HTH Limited must comply with all laws and the terms of all other licences and consents, the requirements and recommendations of all relevant utility suppliers and those of the insurers of the Building
6.7. HTH Limited must immediately make good, to the reasonable satisfaction of the Council, any damage (including decorative damage) to any land or building or any plant and machinery which is caused by carrying out the Tenant’s Works.
6.8. HTH Limited shall liaise with the CDM Coordinator Leases applies in respect of the Tenant’s Works and for the relevant part of the Premises.
12.3 The Tenant shall carry out and complete the Tenant’s Category A Works on the terms set out in the Licence to Carry Out Tenant’s Works in respect of the part ground floor of the Premises following the approval of the Developer in accordance with clause 12.1.
12.4 If not granted by the commencement of the Tenant’s Works, on carrying out the Tenant’s Works, the Tenant shall comply with the obligations of the Tenant in the Licences to Carry out Tenant’s Works as if they had been granted.
12.5 The Tenant shall procure that all materials to be used in connection with the Tenant’s Works are delivered straight to (and kept within) the Premises and that all refuse is kept within suitable receptacles (to be provided by and at the cost of the Tenant) to be housed within the service yard at the Property ready for collection by the Corporation of London or other competent authority and the Tenant shall bear the costs of such collection.
12.6 In the event of any failure to comply with the provisions of this clause 12 the Developer may serve written notice on the Tenant specifying the breach and if the breach has not been remedied within 10 Business Days of the date of service of the notice, the Developer may serve further written notice requiring the Tenant and its contractors to cease carrying out works to until the failure is remedied to the reasonable satisfaction of the Developer.
12.7 The parties acknowledge that the Developer is not and will not become a client in respect of the Tenant’s Works for the purposes of the CDM Regulations. If and to the extent the Developer is a client in relation to the Tenant’s Works for the purposes of the CDM Regulations the Tenant agrees with the Developer to be treated as the only client for the purposes of the CDM Regulations in relation to the Tenant’s Works.
12.8 For the purposes of the CDM Regulations the Tenant:
12.8.1 warrants to the Developer that it has the competence to perform the duties imposed on a client by the CDM Regulations;
12.8.2 acknowledges that the Developer has not modified the design for the Tenant’s Works or arranged or instructed anyone else to do so; and
12.8.3 covenants:
(a) to comply in all respects with the CDM Regulations and procure that any person involved in carrying out such works complies with the CDM Regulations; and
(b) promptly to provide the Developer with a copy of the health and safety file for the Tenant’s Works prepared in accordance with the CDM RegulationsRegulations and any code of practice or other guidance issued by any competent authority, to allow the Developer to inspect the original file and to hand the original file to the Developer under the Leases at the expiry or sooner determination of the term of the Leases.
6.9. 12.9 The tenant covenants Tenant acknowledges that no partnership or agency relationship exists between the Developer and the Tenant in the Lease will extend relation to the Tenant’s Works or is created by or in consequence of the execution of the Tenant’s Works or this agreement or otherwise.
12.10 The Developer shall bear its own costs (including, without limitation, fees and apply expenses of their professional advisers) plus Value Added Tax in connection with the approval of plans and specifications for the Tenant’s Works and for monitoring and/or supervising the Tenant’s Works up to a maximum of twenty thousand pounds (£20,000) and above such maximum, the Tenant shall pay such reasonable and proper fees and expenses of the Developer plus Value Added Tax.
12.11 Following completion of the Tenant’s Works the Tenant shall liaise with the person then responsible for the health and safety file for the Works as to any necessary updating of the health and safety file for the Works and/or Tenant’s Works and shall supply to such person all information, drawings and details of the Tenant’s Works as reasonably required by such person and shall use all reasonable endeavours to ensure that such updating is completed within four weeks of completion of the Tenant’s Works.
12.12 The Tenant shall procure the supply of the following to the property demised Developer as soon as reasonably practicable following receipt and with the Tenant using reasonable endeavours to procure the supply to the Developer within 30 Business Days of practical completion of the Tenant’s Works:
12.12.1 an electronic version of the final “as-built” scale drawings of the Tenant’s Works;
12.12.2 an electronic version of the final “as-built” scale drawings of the mechanical, electrical and other installations and services of the Tenant’s Works;
12.12.3 the proposed entries in the health and safety file for the Premises in respect of the Tenant’s Works; and
12.12.4 a schedule listing the names and addresses of all contractors and principal sub-contractors and suppliers who have been involved in or concerned with the Tenant’s Works.
12.13 As soon as practicable after the later of:
12.13.1 the date of actual completion of the Leases; and
12.13.2 approval by the Lease Developer of all aspects of the Tenant’s Works, the Developer shall grant and the Tenant and the Guarantor shall take up and execute each of the Licences to Carry Out Tenant’s Works which shall contain within it an obligation to deliver a set of “as altered by those worksbuilt” drawings of the Tenant’s Works and specifications relating to the relevant Premises to the Developer immediately following completion of the Tenant’s Works.
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TENANT’S WORKS. 6.1. Following approval by the Council of HTH Limited’s proposals for the Tenant’s Works submitted in accordance with clause 6.1(d) of the Agreement21.1 Conditional upon having received all necessary Approvals, the Council Tenant shall advise HTH Limited of the arrangements for access to the Building to enable the Tenant’s Works to be completed.
6.2. HTH Limited shall as soon as reasonably practicable after access has been afforded for entry on the Building at its own expense commence and carry out and complete the Tenant’s Works and shall complete take all reasonably practicable steps to procure that the Tenant’s Works within 8 weeks from the date that access was so afforded.
6.3. HTH Limited shall not start the Tenant’s Works until it hasare carried out:
(a) obtained all licences 21.1.1 at the sole cost and consents that are required for the Tenant’s Works under all laws and by the owner or occupier of any neighbouring land or otherwise and has produced the same to the Council.
(b) provided details charge of the Tenant’s Works to the insurers of the Building and obtained their consent to carrying out the Tenant’s Works.
(c) notified the Council and the insurers of the Building of the date it intends to start carrying out the Tenant’s Works.
6.4. HTH Limited shall carry out the Tenant’s Works:
(a) Tenant in a good and workmanlike manner and in accordance with good building practice; and
(b) 21.1.2 in accordance with the specifications and drawings referred to in Schedule 6 hereto;
21.1.3 using good quality and suitable materials; and;
(c) 21.1.4 with due diligence;
21.1.5 in accordance with the Approvals;
21.1.6 in compliance with all statutes and statutes, statutory orders and regulations made under them or deriving validity from them, them and any appropriate requirements of any relevant Authority and all Legal Obligations so far as relevant to the Building;
21.1.7 in accordance with all relevant current British Standards and codes of practice practice;
21.1.8 without the use of local authorities, any Prohibited Materials;
21.1.9 and competent authorities affecting the Tenant’s Works and/or the Building; and
(d) with due diligence; and
(e) completed to the reasonable satisfaction of the CouncilLandlord by August 2012.
6.5. If 21.2 The Tenant shall give written notice to the Landlord as soon as reasonably practicable once the Works have been completed so that the Landlord may make its final inspection and as soon as reasonably practicable thereafter to send for retention by the Landlord two hard copies and two electronic copies of the drawings showing the Tenant’s Works are commenced before together with a written specification and narrative of the Certificate Works as carried out to the Premises and copies of Practical Completion is issued, HTH Limited shall not cause any obstruction all consents licences and permissions obtained by or interference on behalf of the Tenant in connection with the Development, and will comply with the reasonable requirements of the Architect as to the method of and programme for carrying out the Tenant’s Works.
6.6. In 21.3 The Tenant covenants with the Landlord:
21.3.1 in carrying out the Tenant’s Works HTH Limited must comply with all laws not to cause any nuisance or disturbance to the Landlord or its tenants or the owners or occupiers of any adjacent or neighbouring premises and not to cause any physical damage to the terms of all other licences and consents, same through the requirements and recommendations of all relevant utility suppliers and those carrying out of the insurers Works;
21.3.2 during the course of the BuildingTenant’s Works not to cause or knowingly permit the infringement or interruption of any right enjoyed by the owners or occupiers of any adjoining or proximate premises;
6.7. HTH Limited must immediately 21.3.3 as soon as practicable at the expense of the Tenant to make good, good all damage caused to any adjoining or proximate premises to the reasonable satisfaction of Premises or suffered by the Council, any damage (including decorative damage) to any land owners or building occupiers thereof or any plant and machinery which is caused by carrying one or more of them arising out of the Tenant’s Works.;
6.8. HTH Limited shall liaise with 21.3.4 without prejudice to the CDM Coordinator in respect rights of the Landlord hereunder, to permit the Landlord to enter upon the Premises at all reasonable times of the day and on no less than 48 hours’ prior notice accompanied by at least one of the Tenant’s employees (which the tenant covenants to provide within the 48 hour notice period) to inspect the state and progress of the Tenant’s Works and the materials used or intended for use therein, and to provide to the Landlord such information and documents in connection with the Tenant’s Works as may be reasonably required by the Landlord;
21.3.5 to indemnify and keep indemnified the Landlord against all liability costs claims expenses and demands howsoever arising out of or in the course of the execution of the Tenant’s Works and in particular (but without prejudice to the generality of the foregoing) to indemnify and keep indemnified the Landlord against any charge that may be imposed under the Town and Country Planning Acts or any charge levy or tax which may become payable by the Landlord directly or indirectly arising as a result of the execution of the Tenant’s Works;
21.3.6 unless the Landlord shall otherwise direct to carry out before the expiration or sooner determination of the Term any works stipulated or required to be carried out to the Premises by a date subsequent to such expiration or sooner determination as a condition of any consent licence permission or approval which may have been applied for by the Tenant and granted during the Term;
21.3.7 to carry out any electrical works included in the Tenant’s Works only in accordance with the terms and conditions laid down by the Institution of Electrical Engineers and the regulations of the electricity supply authority and any works to the gas installation included in the Tenant’s Works in accordance with the regulations and requirements of the relevant gas company or gas authority;
21.3.8 to use all reasonable endeavours to ensure that the principal contractor or other relevant person responds adequately, satisfactorily and within a reasonable time to any comment, complaint or representation of the Landlord in respect of the Tenant’s Works and/or any matter connected with or relating to the Tenant’s Works;
21.3.9 to effect and maintain at all times throughout the Term with a well established insurance office of repute adequate public liability, employers’ liability and all risks insurance in respect of the carrying out of the Tenant’s Works, and to insure the Tenant’s Works themselves until Practical Completion, at which point the insurance provisions in Clause 22 shall apply. and to provide the Landlord on demand evidence of the existence of such insurance and its terms, and to provide the Landlord on demand evidence of the existence of such insurance and its terms;
21.3.10 (if applicable) to comply with the provisions of the Construction (Design and Management) Regulations 2007 and any other relevant and appropriate regulations (the “CDM Regulations.”) and without prejudice to the generality of the foregoing:
6.9. The tenant covenants 21.3.10.1 to appoint a principal contractor and where necessary a planning supervisor;
21.3.10.2 to use all reasonable endeavours to procure that any person owing duties under the CDM Regulations in respect of the Lease will extend Tenant’s Works complies therewith;
21.3.10.3 to compile a health and safety plan prior to the commencement of the Tenant’s Works in accordance with the requirements of the CDM Regulations;
21.3.10.4 to procure that the health and safety file and any other file and documents relating to the Tenant’s Works and apply (the “File”) is available for inspection;
21.3.10.5 to supply such information relating to the property demised File as the Landlord reasonably requires; and
21.3.10.6 to supply to the Landlord without charge a copy of the File.
21.4 The Tenant covenants with the Landlord that in the event that the Tenant’s Works and/or any equipment which is placed on the fifth floor/plant deck of the Premises is proven to be interfering with the Telecoms Equipment (provided for the avoidance of doubt that the phrase “interferes with” shall include interference with any telecommunications signals related to the Telecoms Equipment as well as physical interference therewith) and/or cause the Landlord to breach either or both of the Telecoms Agreements, the Tenant shall:
21.4.1 shall take all reasonable steps to:
21.4.1.1 prevent interference with the Telecoms Equipment; and/or
21.4.1.2 remedy any such aforementioned breach of the Telecoms Agreements, Provided That the Tenant shall not be obliged to cease the operation of any of its equipment, remove or relocate any of its equipment from the fifth floor/plant deck of the Premises, Provided That that the Tenant may in order to comply with its obligations in this Clause be required to remove the parapet wall, glazed plant screens, louvres, cladding and the like from the fifth floor/plant deck of the Premises, but not any other part of the Tenant’s Works;
21.4.2 indemnify and keep the Landlord indemnified from and against all actions proceedings costs claims and demands by third parties in connection with any such interference and/or breach; and
21.4.3 comply with the terms of its correspondence on the matter between the tenant and each of Vodafone and Orange, Provided always that in relation to such indemnity the Landlord shall use all reasonable endeavours to mitigate any claim or loss suffered as a result of any claim in relation to the Telecoms Equipment, shall not settle any claim in relation to the Telecoms Equipment without the prior written consent of the Tenant such consent not to be unreasonably withheld or delayed, and shall permit the Tenant to defend (in the name of the Landlord if necessary and providing a costs indemnity to the Landlord) any claim made in relation to the Telecom’s Equipment and shall provide the Tenant with all reasonable assistance and information in this respect.
21.5 Nothing in this Lease constitutes a representation by or on behalf of the Landlord as to the suitability of the Tenant’s Works or as to the quality or fitness for their purpose of the Tenant’s Works.
21.6 Neither this Lease nor any of the correspondence which the Tenant may have had with the Landlord or its respective advisers concerning the Tenant’s Works constitutes notice under the Landlord and Tenant Act 1927 or the Landlord and Tenant Act 1954 of an intention to make improvements and the Undertenant shall have no entitlement to compensation in respect of the Works.
21.7 The Tenant shall pay on demand the reasonable fees and costs of the Landlord (including without limitation architects, building surveyors and structural engineers fees) as may be properly incurred by the Lease Landlord in connection with the consideration, inspection and approval of the Tenant’s Works and in respect of the yielding up of the Premises upon the expiration or sooner determination of the Term.
21.8 In carrying out the Tenant’s Works the Tenant must ensure that the parts of the Party Wall being constructed by the Tenant comply with the required ‘load take down’ in relation to those parts of the Party Wall as altered shown on the Plan titled ‘Proposed Loads Along Party Wall with Block D’.
21.9 The Tenant shall not be liable for any delay in carrying out the Tenant’s Works resulting from Force Majeure.
21.10 The Tenant shall use all reasonable endeavours to procure that a collateral warranty substantially in the form attached at Schedule 7 is provided by those worksthe Tenant’s main building contractors to the Landlord within 45 days of the date of this Lease.
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