TO PROVIDE SERVICES. To use best endeavours to provide the Services in an efficient and cost effective manner at all times acting in accordance with the principles of good estate management unless prevented by any matter outside the control of the Landlord Provided That:
5.2.1 the Landlord may, subject to reasonable prior notice (except in case of emergency) and for the minimum period reasonably necessary, take out of service for inspection, maintenance, alteration, repair, replacement, removal, rebuilding or modernisation any lift or escalator, any of the Conduits and any other part of the Building Retained Parts or Estate Retained Parts and shall not be liable to the Tenant or the Tenant’s employees or those claiming through or under the Tenant for such taking out of service or for the failure or breakdown of the lift or any Conduits or any other part of the Building Retained Parts or Estate Retained Parts or of any gas, electricity or water supply save where such failure or breakdown is caused by the Landlord’s wilful default or negligence;
5.2.2 the Landlord shall incur no liability in respect of any failure in the performance or observance of any such obligation by reason of any damage or destruction of any plant, equipment or installations or due to any act, omission or negligence of any servant, agent or employee of the Landlord or any other person undertaking the same on behalf of the Landlord, which is not attributable to the wilful default or negligence of the Landlord;
5.2.3 the Landlord may add to, extend, vary, withdraw or make any alteration in the provisions of the Services or any of them from time to time, provided in the Landlord’s reasonable judgment it is reasonable to do so in all the circumstances and complies with the principles of good estate management and provided that the Tenant’s use and enjoyment of the Premises are not materially adversely affected; and
5.2.4 the Landlord shall incur no liability in respect of any failure in the performance or observance of any such obligation, unless it has first received from the Tenant written notice specifying particulars of the failure and has failed to comply with the same within a reasonable period thereafter.
TO PROVIDE SERVICES. 4.3.1 The Authority shall discharge all the obligations of a Water Supply and Sewerage Authority within the area specified in the First Schedule, for the term of the Contract.
4.3.2 In discharging its functions and exercising its powers, the Authority shall comply with:
a) Any code of workmanship prescribed by the Minister under Section 70 of the Water Act;
a) The service standards specified or referred to in the Third Schedule;
b) The provisions of Section 47 of the Water Act;
c) Any written directions given to the Authority from time to time by the Minister.
4.3.3 In discharging its functions and exercising its powers, the Authority shall be mandated by the Minister to constitute a Water Supply and Sewerage Services Board (WSSB) of five (5) members (unless amended in Annex (1)) for the Authority to exercise management oversight for the operations of the assets entrusted to the Authority including any operations sub- contracted under sub-clause 4.
TO PROVIDE SERVICES. 14 6. AGREEMENTS................................................... 14
TO PROVIDE SERVICES. Subject to payment by the Tenant of its due proportion of the Block 3 Service Charge attributable to the Demised Premises calculated in accordance with the provisions of the Fifth Schedule, at all time throughout the term of this Lease and so far as the Landlord considers necessary to execute provide or make available the Services in an efficient manner in accordance with the principles of good estate management at a reasonable and competitive price PROVIDED ALWAYS that in performing its obligations hereunder the Landlord shall be entitled in its discretion to employ Agents, Contractors (including Independent Contractors) or such other persons as the Landlord may reasonably from time to time think fit to provide any one or more of its obligations hereunder PROVIDED FURTHER:-
TO PROVIDE SERVICES. Once Contractors has received Subject information from the City, the Contractors shall complete the assignment within an eight (8) week period.
TO PROVIDE SERVICES. S. 6.5: “Suspension of Services: The LL shall be entitled, without obligation of liability to the tenant, to suspend or to modify any service the LL is required to provide under this art. 6 or any other provision of the lease, for the time necessary or for the time deemed reasonable by the LL, following an accident or for the purpose of making repairs, replacements, alterations or improvements, or for any reason beyond the LL’s control. The LL shall incur no liability to the tenant as a result of any failure to supply any of these services, for any reason whatsoever, even should there have been error or negligence on the part of the LL or the LL’s representatives, and there shall be no reduction of the Rent or diminution of the tenant’s obligations as a result of such failure. The LL shall, however, to the extent possible, remedy such failure with due diligence and dispatch.” The question is how valid these clauses are: To what extent can you contract out of the obligation to provide peaceful enjoyment of the premises? The answer so far in the case law has been that the incidents of the obligation to provide peaceful enjoyment are not of public order.
TO PROVIDE SERVICES. Subject to the payment by the Lessee of the sums referred to in Clause 2.4 hereof the Lessors will as far as reasonably possible provide the Services PROVIDED that
9.3.1 no obligation is imposed upon the Lessors to provide the Services except at the times and in the manner in which the Lessors shall in their reasonable discretion deem necessary and
9.3.2 the Lessors shall not be liable to the Lessee for any loss damage or inconvenience caused by any breakdown or failure to provide the Services or any temporary interruption or suspension thereof howsoever arising Provided That the Lessors use all reasonable endeavours to remedy any such breakdown or failure to provide services
TO PROVIDE SERVICES. Throughout the Lease Term, to provide directly or indirectly the Services (and in terms of the media to use its best efforts to ensure that such Services are provided by third parties without any interruption) in an efficient and economic manner and in accordance with the principles of good real estate management. The Landlord shall take all reasonable steps to keep to a minimum and to remedy any interruptions or delays in the provision of Services, however the Landlord shall not be liable for any interruptions or delays in connection with the provision of the Services due to circumstances beyond its control. For the avoidance of doubt, the above obligation also includes the duty of the Landlord to ensure that the Building is adequately safeguarded against fire risk as required by Polish law. The Landlord shall ensure that any repair or refurbishment of the Building is done in a manner that does not interrupt production. The Tenant shall be notified minimum 90 days prior to major works (understood as works on the structural elements of the Building). Works that will influence production shall not be implemented without written consent from the Tenant concerning the time when such works shall be implemented, not to be unreasonably withheld or delayed. The above stipulations do not apply to situations in which the failure to undertake the repair immediately results in a threat to human life or health.
