UNDERLETTINGS. 15.1 The Tenant shall not underlet any Permitted Part except in accordance with this clause nor without the consent of the Landlord, such consent not to be unreasonably withheld. 15.2 The Tenant shall not underlet the whole of the Property. 15.3 The Tenant shall not underlet any Permitted Part: (a) together with any property or any right over property that is not included within this lease; (b) at a fine or premium or reverse premium; nor (c) allowing any rent free period to the undertenant. 15.4 The Tenant shall not underlet any Permitted Part unless, before the underlease is granted, the Tenant has given the Landlord: (a) a certified copy of the notice served on the undertenant, as required by section 38A(3)(a) of the LTA 1954, applying to the tenancy to be created by the underlease; and (b) a certified copy of the declaration or statutory declaration made by the undertenant in accordance with the requirements of section 38A(3)(b) of the LTA 1954. 15.5 Any underletting by the Tenant shall be by deed and shall include: (a) an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 are excluded from applying to the tenancy created by the underlease; (b) a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this lease, except the covenants to pay the rents reserved by this lease; and (c) provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and (d) a covenant by the undertenant to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted Part, and shall otherwise be consistent with and include tenant covenants no less onerous than those in this lease and in a form approved by the Landlord, such approval not to be unreasonably withheld. 15.6 In relation to any underlease granted by the Tenant, the Tenant shall: (a) not vary the terms of the underlease nor accept a surrender of the underlease without the consent of the Landlord, such consent not to be unreasonably withheld;and (b) enforce the tenant covenants in the underlease and not waive any of them.
Appears in 4 contracts
Samples: Lease, Lease Agreement, Lease Agreement
UNDERLETTINGS. 15.1 The Tenant shall (a) not to underlet any Permitted Part except in accordance with this clause nor without the consent part only of the Landlord, such consent Premises;
(b) not to be unreasonably withheld.
15.2 The Tenant shall not underlet the whole of the Property.
15.3 The Tenant shall not underlet any Permitted Part:
Premises without the Landlord’s Permission (a) together with any property or any right over property that is not included within this leasegiven by way of Licence);
(b) at a fine or premium or reverse premium; nor
(c) allowing any rent free period not to underlet the undertenant.
15.4 The Tenant shall not underlet any Permitted Part unless, before whole of the underlease is granted, the Tenant has given the Landlord:Premises unless:-
(ai) a certified copy of the notice served on the undertenant, as required by section 38A(3)(a) of the LTA 1954, applying to the tenancy to be created by the underlease; andunderlease:-
(b1) reserves a certified copy rent of not less than the declaration open market rent for the Premises at the time of grant without a fine or statutory declaration made premium;
(2) contains a covenant by the undertenant in accordance not to underlet, part with the requirements of section 38A(3)(b) or share possession or share occupation of the LTA 1954.whole or any part or parts of the underlet premises, nor to assign or charge part only of the underlet premises;
15.5 Any underletting (3) contains a covenant by the Tenant shall be undertenant not to assign or charge the whole of the underlet premises without the Landlord’s Permission (given by deed and shall include:way of Licence);
(a4) an agreement between contains a covenant by the undertenant not to do or omit to do any act or thing which would or might cause the Tenant and to be in breach of its covenants in this Lease;
(5) is otherwise on the undertenant that same terms (mutatis mutandis) as the provisions terms of this Lease;
(6) is excluded from the operation of sections 24 to 28 of the LTA 1954 are excluded from applying to the tenancy created by the underleaseAct;
(bii) before the grant of any underlease the Tenant procures a covenant by from the undertenant, enforceable by undertenant and expressed to be enforceable by any guarantor of the undertenant with the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants on the part of the undertenant contained in the proposed underlease;
(iii) all sums due from the Tenant under this Lease are paid before completion of the underletting;
(d) not to vary the terms of any underlease without the Landlord’s Permission (given by way of Licence);
(e) not to accept a surrender of part of the underlet premises and any document that is supplemental or collateral to it and notify the tenant covenants Landlord in this lease, except writing if the covenants to pay Tenant accepts a surrender of the rents reserved by this leasewhole of the underlet premises; and
(cf) provisions requiring to enforce the consent covenants of the Landlord to be obtained in respect of undertenant under any matter for which the consent of the Landlord is required under this lease; and
(d) a covenant by the undertenant to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted Part, and shall otherwise be consistent with and include tenant covenants no less onerous than those in this lease and in a form approved by the Landlord, such approval not to be unreasonably withheld.
15.6 In relation to any underlease granted by the Tenant, the Tenant shall:
(a) not vary the terms of the underlease nor accept a surrender of the underlease without the consent of the Landlord, such consent not to be unreasonably withheld;and
(b) enforce the tenant covenants in the underlease and not waive any of them.underlease;
Appears in 2 contracts
Samples: Lease Agreement (Aerohive Networks, Inc), Lease Agreement (Aerohive Networks, Inc)
UNDERLETTINGS. 15.1 18.1 The Tenant shall not underlet any Permitted Part or agree to underlet the whole of the Property except in accordance with this clause nor without the consent of the Landlord, such consent not to be unreasonably withheldwithheld or delayed.
15.2 18.2 The Tenant shall not underlet or agree to underlet any part of the Property (as opposed to the whole).
18.3 The Tenant shall not underlet the whole of the Property.
15.3 The Tenant shall not underlet any Permitted Part:
(a) 18.3.1 together with any property or any right over property that is not included within this lease;
(b) 18.3.2 at a fine or premium or reverse premium; nor
(c) 18.3.3 allowing any rent free period to the undertenantundertenant that exceeds the period as is then usual in the open market in respect of such a letting.
15.4 18.4 The Tenant shall not underlet any Permitted Part the whole of the Property unless, before the underlease is granted, the Tenant has given the Landlord:
(a) 18.4.1 a certified copy of the notice served on the undertenant, as required by section 38A(3)(a) of the LTA 1954, applying to the tenancy to be created by the underlease; and
(b) 18.4.2 a certified copy of the declaration or statutory declaration made by the undertenant in accordance with the requirements of section 38A(3)(b) of the LTA 1954.
15.5 18.5 Any underletting by the Tenant shall be by deed and shall include:
(a) 18.5.1 an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 are excluded from applying to the tenancy created by the underlease;
18.5.2 the reservation of a rent which is not less than the open market rental value of the Property at the date the Property is underlet and which is payable at the same times as the Annual Rent under this lease (b) but this shall not prevent an underlease providing for a rent-free period of a length permitted by clause 18.3.3);
18.5.3 provisions for the review of rent at the same dates and on the same basis as the review of rent in this lease, unless the term of the underlease does not extend beyond the Review Data;
18.5.4 a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this lease, except the covenants to pay the rents reserved by this lease; and
(c) 18.5.5 provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
(d) a covenant by the undertenant to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted Part, and shall otherwise be consistent with and include tenant covenants no less onerous (other than as to the Annual Rent) than those in this lease and in a form approved by the Landlord, such approval not to be unreasonably withheldwithheld or delayed.
15.6 18.6 In relation to any underlease granted by the Tenant, the Tenant shall:
(a) 18.6.1 not vary the terms of the underlease nor accept a surrender of the underlease without the consent of the Landlord, such consent not to be unreasonably withheld;andwithheld;
(b) 18.6.2 enforce the tenant covenants in the underlease and not waive any of themthem nor allow any reduction in the rent payable under the underlease; and
18.6.3 ensure that in relation to any rent review the revised rent is not agreed without the approval of the Landlord, such approval not to be unreasonably withheld.
Appears in 2 contracts
Samples: Lease (Carbon Black, Inc.), Lease (Carbon Black, Inc.)
UNDERLETTINGS. 15.1 18.1 The Tenant shall not underlet any Permitted Part the whole of the Property except in accordance with this clause 18 nor without the consent of the Landlord, such consent not to be unreasonably withheld.
15.2 18.2 The Tenant shall not underlet part only of the Property.
18.3 The Tenant shall not underlet the whole of the Property.
15.3 The Tenant shall not underlet any Permitted Part:
(a) together with any property or any right over property that is not included within this lease;
(b) at a fine or premium or reverse premium; nor
(c) allowing any rent free period to the undertenant.
15.4 (d) without the Tenant having first procured that the prospective undertenant has entered into such confidentiality undertakings with the Landlord regarding the proposed underlease that the Landlord may in its absolute discretion require
18.4 The Tenant shall not underlet any Permitted Part the Property unless, before the underlease is granted, the Tenant has given the Landlord:
(a) a certified copy of the notice served on the undertenant, as required by section 38A(3)(a) of the LTA 19541954 Act, applying to the tenancy to be created by the underlease; and
(b) a certified copy of the declaration or statutory declaration made by the undertenant in accordance with the requirements of section 38A(3)(b) of the LTA 19541954 Act.
15.5 18.5 Any underletting by the Tenant shall be by deed and shall include:
(a) an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 Act are excluded from applying to the tenancy created by the underlease;
(b) the reservation of a rent which is not less than the full open market rental value of the Property at the date the Property is underlet and which is payable at the same times as the Annual Rent under this lease;
(c) provisions for the review of rent at the same dates and on the same basis as the review of rent in this lease, unless the term of the underlease does not extend beyond the next Review Date;
(d) a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this lease, except the covenants to pay the rents reserved by this lease; and;
(ce) provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
(df) in the case of an underlease that is not substantively registrable at HM Land Registry, a covenant by the undertenant not to comply with the terms register any notice of the Community Use and Management Agreement so far as they are relevant to the Permitted Partunderlease at HM Land Registry, and shall otherwise be consistent with and include tenant covenants no less onerous (other than as to the Annual Rent) than those in this lease and in a form approved by the Landlord, such approval not to be unreasonably withheld.
15.6 18.6 In relation to any underlease granted by the Tenant, the Tenant shall:
(a) not vary the terms of the underlease nor accept a surrender of the underlease without the consent of the Landlord, such consent not to be unreasonably withheld;andwithheld;
(b) enforce the tenant covenants in the underlease and not waive any of themthem nor allow any reduction in the rent payable under the underlease;
(c) ensure that in relation to any rent review the revised rent is not agreed without the approval of the Landlord, such approval not to be unreasonably withheld; and
(d) where the underlease is not substantively registrable at HM Land Registry, not register or agree to the registration of any notice of the underlease.
Appears in 2 contracts
Samples: Lease Agreement (Clean Power Technologies Inc.), Lease Agreement (Clean Power Technologies Inc.)
UNDERLETTINGS. 15.1 The Tenant shall not underlet the whole of the Property or any Permitted Part of the Property except in accordance with this clause nor without the consent of the Landlord, such consent not to be unreasonably withheld.
15.2 . The Tenant shall not underlet part only of the Property (save for a letting or lettings of any permitted part of the Property). The Tenant shall not underlet the whole of the Property.
15.3 The Tenant shall not underlet any Permitted Part:
(a) : together with any property or any right over property that is not included within this lease;
(b) ; at a fine or premium or reverse premium; nor
(c) nor allowing any rent free period to the undertenant.
15.4 undertenant that exceeds the period as is then usual in the open market in respect of such a letting. The Tenant shall not underlet any Permitted Part the Property unless, before the underlease is granted, the Tenant has given the Landlord:
(a) : a certified copy of the notice served on the undertenant, as required by section 38A(3)(a) of the LTA 1954, applying to the tenancy to be created by the underlease; and
(b) and a certified copy of the declaration or statutory declaration made by the undertenant in accordance with the requirements of section 38A(3)(b) of the LTA 1954.
15.5 . Any underletting by the Tenant shall be by deed and shall include:
(a) : an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 are excluded from applying to the tenancy created by the underlease;
; the reservation of a rent which is not less than the full open market rental value of the Property at the date the Property is underlet and which is payable at the same times as the Annual Rent under this lease (b) but this shall not prevent an underlease providing for a rent-free period of a length permitted by clause c); provisions for the review of rent at the same dates and on the same basis as the review of rent in this lease, unless the term of the underlease does not extend beyond the next Review Date; a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this lease, except the covenants to pay the rents reserved by this lease; and
(c) and provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
(d) a covenant by the undertenant to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted Part, and shall otherwise be consistent with and include tenant covenants no less onerous (other than as to the Annual Rent) than those in this lease and in a form approved by the Landlord, such approval not to be unreasonably withheld.
15.6 In relation to any underlease granted by the Tenant, the Tenant shall:
(a) : not vary the terms of the underlease nor accept a surrender of the underlease without the consent of the Landlord, such consent not to be unreasonably withheld;and
(b) withheld; enforce the tenant covenants in the underlease and not waive any of themthem nor allow any reduction in the rent payable under the underlease; and ensure that in relation to any rent review the revised rent is not agreed without the approval of the Landlord, such approval not to be unreasonably withheld.
Appears in 1 contract
Samples: Lease
UNDERLETTINGS. 15.1 17.1 The Tenant shall not underlet any Permitted Part the whole of the Property except in accordance with this clause nor without the consent of the Landlord, such consent not to be unreasonably withheldwithheld or delayed.
15.2 17.2 The Tenant shall not underlet part only of the Property.
17.3 The Tenant shall not underlet the whole of the Property.
15.3 The Tenant shall not underlet any Permitted Part:
(a) together with any property or any right over property that is not included within this lease;
(b) at a fine or premium or reverse premium; nor
(c) allowing any rent free period to the undertenantundertenant that exceeds the period as is then usual in the open market in respect of such a letting.
15.4 17.4 The Tenant shall not underlet any Permitted Part the Property unless, before the underlease is granted, the Tenant has given the Landlord:
(a) a certified copy of the notice served on the undertenant, as required by section 38A(3)(a) of the LTA 1954, applying to the tenancy to be created by the underlease; and
(b) a certified copy of the declaration or statutory declaration made by the undertenant in accordance with the requirements of section 38A(3)(b) of the LTA 1954.
15.5 17.5 Any underletting by the Tenant shall be by deed and shall include:
(a) an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 are excluded from applying to the tenancy created by the underlease;
(b) the reservation of a rent which is not less than the open market rental value of the Property at the date the Property is underlet and which is payable at the same times as the Annual Rent under this lease (but this shall not prevent an underlease providing for a rent-free period of a length permitted by clause 17.3(c));
(c) a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease for so long as it remains liable to do so under the 1995 Act and any document that is supplemental or collateral to it and the tenant covenants in this lease, except the covenants to pay the rents reserved by this lease; and
(cd) provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
lease (d) a covenant by such consent not to be unreasonably withheld or delayed where the undertenant Landlord is not entitled to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted Partunreasonably withhold or delay its consent under this Lease), and shall otherwise be consistent with and include tenant covenants no less onerous (other than as to the Annual Rent) than those in this lease and be in a form approved by the Landlord, such approval not to be unreasonably withheldwithheld or delayed.
15.6 17.6 In relation to any underlease granted by the Tenant, the Tenant shall:
(a) not vary the terms of the underlease nor accept a surrender of the underlease without the consent of the Landlord, such consent not to be unreasonably withheld;andwithheld or delayed; and
(b) use reasonable endeavours to enforce the tenant covenants in the underlease and not waive any of themthem nor allow any reduction in the rent payable under the underlease.
Appears in 1 contract
Samples: Lease
UNDERLETTINGS. 15.1 The Tenant shall not underlet any Permitted Part except in accordance with this clause nor without a part (as distinct from the consent whole) of the Landlord, such consent not to be unreasonably withheld.
15.2 Premises. The Tenant shall not underlet the whole of the Property.
15.3 The Premises unless the proposed undertenant has first covenanted by deed with the Landlord in such form as the Landlord may reasonably require that with effect from the date of the underlease and during the period whilst the undertenant remains bound by the tenant covenants of the underlease the undertenant will observe and perform all the provisions of the underlease to be observed and performed by the undertenant; nor (where the proposed undertenant is a corporate body and the Landlord reasonably so requires) without first procuring a covenant by deed with the Landlord from two individuals who are or a company which is acceptable to the Landlord as surety for the undertenant; nor except by way of a “permitted underlease”; nor without the prior written consent of the Landlord (which will not be unreasonably withheld) or any superior Landlord (if applicable) or of any mortgagee or charge of the Landlord or any superior Landlord (if applicable). A “permitted underlease” is an underlease which is granted without any fine or premium; reserves a rent not less than the greater of the best rent which the Tenant ought reasonably to obtain in the open market upon the grant of such underlease and the Rent then payable; incorporates provisions for the review of rent at the same times and on the same basis as in the Lease; is (so far as is consistent with an underlease) in a form substantially the same as the Lease except that further subletting shall not underlet any Permitted Part:
(a) together with any property or any right over property that is not included within this lease;
(b) at a fine or premium or reverse premiumbe prohibited; nor
(c) allowing any rent free period to the undertenant.
15.4 The Tenant shall not underlet any Permitted Part unless, before the underlease is grantedcompleted, or, if earlier, before the Tenant has given the Landlord:
(a) a certified copy of the notice served on the undertenant, as required by section 38A(3)(a) of the LTA 1954, applying undertenant becomes contractually bound to the tenancy to be created by take the underlease; and
(b) a certified copy of , is validly excluded from the declaration or statutory declaration made by the undertenant in accordance with the requirements of section 38A(3)(b) of the LTA 1954.
15.5 Any underletting by the Tenant shall be by deed and shall include:
(a) an agreement between the Tenant and the undertenant that the provisions operation of sections 24 to 28 of the LTA 1954 are excluded from applying to the tenancy created by the underlease;
(binclusive) a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this lease, except the covenants to pay the rents reserved by this lease; and
(c) provisions requiring the consent of the Landlord and Tenant Xxx 0000, in accordance with the provisions of section 38A of that Act and the relevant Schedules of [the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 ("the Order"); and Is not granted until the Tenant produces to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
(d) a covenant by the undertenant adequate evidence of such valid exclusion as referred to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted Part, in clause 11.8.5. The Tenant shall enforce and shall otherwise be consistent with and include tenant covenants no less onerous than those in this lease and in a form approved by the Landlord, such approval not to be unreasonably withheld.
15.6 In relation to any underlease granted by the Tenant, the Tenant shall:
(a) not waive or vary the terms provisions of an underlease and shall operate at the relevant dates of review the rent review provisions contained in an underlease nor accept but shall not agree the rent upon such a surrender of the underlease review without the consent prior approval of the Landlord, such consent not to be unreasonably withheld;and
(b) enforce the tenant covenants in the underlease and not waive any of them.
Appears in 1 contract
Samples: Lease Agreement
UNDERLETTINGS. 15.1 The Tenant shall not underlet any Permitted Part except in accordance with this clause nor without the consent of the Landlord, such consent not to be unreasonably withheld.
15.2 18.1 The Tenant shall not underlet the whole of the Property.
15.3 18.2 The Tenant shall not underlet part or parts of the Property to any Permitted Partparty who following such underletting would be in occupation of more than forty nine per cent (49%) of the Property or would together with any Affiliated or Associated party be in occupation of more than forty nine per cent (49%) of the Property
18.3 Subject to clause 18.2 the Tenant shall not underlet part or parts of the Property except in accordance with clauses 18.4 to 18.7 nor without obtaining the prior written consent of the Landlord.
18.4 The Tenant shall not underlet part or parts of the Property:
(a) 18.4.1 together with any property or any right over property that is not included within this lease;
(b) 18.4.2 at a fine or premium or reverse premium; nor
(c) 18.4.3 allowing any rent free period to the undertenantundertenant that exceeds the period as is then usual in the open market in respect of such a letting.
15.4 18.5 The Tenant shall not underlet any Permitted Part part or parts of the Property unless, before the underlease is granted, the Tenant has given the Landlord:
(a) 18.5.1 a certified copy of the notice served on the undertenant, as required by section 38A(3)(a) of the LTA 1954, applying to the tenancy to be created by the underlease; and
(b) 18.5.2 a certified copy of the declaration or statutory declaration made by the undertenant in accordance with the requirements of section 38A(3)(b) of the LTA 1954.
15.5 18.6 Any underletting by the Tenant shall be by deed and shall include:
(a) 18.6.1 an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 are excluded from applying to the tenancy created by the underlease;
18.6.2 the reservation of a rent which is not less than the full open market rental value of the Property at the date such part of the Property is underlet and which is payable at the same times as the Annual Rent under this lease (bbut this shall not prevent an underlease providing for a rent-free period of a length permitted by clause 18.4.3);
18.6.3 provisions preventing the assignment of the underlease in circumstances which would result in any party being in occupation of more than fifty per cent (50%) of the Property, or would following the assignment together with any Affiliated or Associated party be in occupation of more than fifty per cent (50%) of the Property;
18.6.4 provisions for the review of rent at the same dates and on the same basis as the review of rent in this lease, unless the term of the underlease does not extend beyond the next Review Date;
18.6.5 a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this lease, except the covenants to pay the rents reserved by this lease; and
(c) 18.6.6 provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
(d) a covenant by the undertenant to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted Part, and shall otherwise be consistent with and include tenant covenants no less onerous (other than as to the Annual Rent) than those in this lease and in a form approved by the Landlord, such approval not to be unreasonably withheld.
15.6 18.7 In relation to any underlease granted by the Tenant, the Tenant shall:
(a) 18.7.1 not vary the terms of the underlease nor accept a surrender of the underlease without the consent of the Landlord, such consent not to be unreasonably withheld;andwithheld;
(b) 18.7.2 enforce the tenant covenants in the underlease and not waive any of themthem nor allow any reduction in the rent payable under the underlease; and
18.7.3 ensure that in relation to any rent review the revised rent is not agreed without the approval of the Landlord, such approval not to be unreasonably withheld.
18.8 For the purposes of this clause 18: 18.8.1 two or more parties are affiliated if a party controls or is controlled by or is under common control with another party (“Affiliated”). Control for this purpose meaning the beneficial ownership of more than fifty per cent (50%) of the issued share capital of, or the legal power to direct or cause the direction of, the person or party in question (or its holding company as the case may be) and “controlled” shall be construed accordingly;
Appears in 1 contract
Samples: Lease Agreement
UNDERLETTINGS. 15.1 19.1 The Tenant shall not underlet any Permitted Part the whole of the Property except in accordance with this clause nor without the consent of the Landlord, such consent not to be unreasonably withheld.
15.2 19.2 The Tenant shall not underlet part only of the Property.
19.3 The Tenant shall not underlet the whole of the Property.
15.3 The Tenant shall not underlet any Permitted Part:
(a) together with any property or any right over property that is not included within this lease;
(b) at a fine or premium or reverse premium; nor
(c) allowing any rent free period to the undertenant.
15.4 19.4 The Tenant shall not underlet any Permitted Part the Property unless, before the underlease is granted, the Tenant has given the Landlord:
(a) a certified copy of the notice served on the undertenant, as required by section 38A(3)(a) of the LTA 1954, applying to the tenancy to be created by the underlease; and
(b) a certified copy of the declaration or statutory declaration made by the undertenant in accordance with the requirements of section 38A(3)(b) of the LTA 1954.
15.5 19.5 Any underletting by the Tenant shall be by deed and shall include:
(a) an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 are excluded from applying to the tenancy created by the underlease;
(b) the reservation of a rent which is not less than the full open market rental value of the Property at the date the Property is underlet and which is payable at the same times as the Annual Rent under this lease;
(c) provisions for the review of rent at the same dates and on the same basis as the review of rent in this lease, unless the term of the underlease does not extend beyond the next Review Date;
(d) a covenant by the undertenant not to underlet the whole or part of the Property;
(e) a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this lease, except the covenants to pay the rents reserved by this lease; and
(cf) provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
(d) a covenant by the undertenant to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted Part, and shall otherwise be consistent with and include tenant covenants no less onerous (other than as to the Annual Rent) than those in this lease and in a form approved by the Landlord, such approval not to be unreasonably withheld.
15.6 19.6 In relation to any underlease granted by the Tenant, the Tenant shall:
(a) not vary the terms of the underlease nor accept a surrender of the underlease without the consent of the Landlord, such consent not to be unreasonably withheld;andwithheld;
(b) enforce the tenant covenants in the underlease and not waive any of themthem nor allow any reduction in the rent payable under the underlease; and
(c) ensure that in relation to any rent review the revised rent is not agreed without the approval of the Landlord, such approval not to be unreasonably withheld.
Appears in 1 contract
Samples: Lease
UNDERLETTINGS. 15.1 17.1 The Tenant shall not underlet any Permitted Part the whole of the Property except in accordance with this clause nor without the consent of the Landlord, such consent not to be unreasonably withheld.
15.2 17.2 The Tenant shall not underlet part only of the Property.
17.3 The Tenant shall not underlet the whole of the Property.
15.3 The Tenant shall not underlet any Permitted Part:
(a) together with any property or any right over property that is not included within this lease;
(b) at a fine or premium or reverse premium; nor
(c) allowing any rent free period to the undertenantundertenant that exceeds the period as is then usual in the open market in respect of such a letting.
15.4 17.4 The Tenant shall not underlet any Permitted Part the Property unless, before the underlease is granted, the Tenant has given the Landlord:
(a) a certified copy of the notice served on the undertenant, as required by section 38A(3)(a) of the LTA 1954, applying to the tenancy to be created by the underlease; and
(b) a certified copy of the declaration or statutory declaration made by the undertenant in accordance with the requirements of section 38A(3)(b) of the LTA 1954.
15.5 17.5 Any underletting by the Tenant shall be by deed and shall include:
(a) an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 are excluded from applying to the tenancy created by the underlease;
(b) the reservation of a rent which is not less than the full open market rental value of the Property at the date the Property is underlet and which is payable at the same times as the Annual Rent under this lease (but this shall not prevent an underlease providing for a rent-free period of a length permitted by clause 17.3(c));
(c) provisions for the review of rent at the same dates and on the same basis as the review of rent in this lease, unless the term of the underlease does not extend beyond the next Review Date;
(d) a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this lease, except the covenants to pay the rents reserved by this lease; and
(ce) provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
(d) a covenant by the undertenant to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted Part, and shall otherwise be consistent with and include tenant covenants no less onerous (other than as to the Annual Rent) than those in this lease and in a form approved by the Landlord, such approval not to be unreasonably withheld.
15.6 17.6 In relation to any underlease granted by the Tenant, the Tenant shall:
(a) not vary the terms of the underlease nor accept a surrender of the underlease without the consent of the Landlord, such consent not to be unreasonably withheld;andwithheld;
(b) enforce the tenant covenants in the underlease and not waive any of themthem nor allow any reduction in the rent payable under the underlease; and
(c) ensure that in relation to any rent review the revised rent is not agreed without the approval of the Landlord, such approval not to be unreasonably withheld.
Appears in 1 contract
Samples: Lease
UNDERLETTINGS. 15.1 20.1 The Tenant shall not underlet the whole or any Permitted Part part of the Property except in accordance with this clause nor without the consent of the Landlord, such consent not to be unreasonably withheld.
15.2 20.2 The Tenant shall not underlet part only of the Property except the whole of Unit 6A or 6B which form part of the Property
20.3 The Tenant shall not underlet the whole of the Property.
15.3 The Tenant shall not underlet any Permitted Part:
(a) together with any property or any right over property that is not included within this lease;,
(b) at a fine or premium or reverse premium; nor
(c) allowing any rent free period to the undertenant.undertenant that exceeds the period as is then usual in the open market in respect of such a letting
15.4 20.4 The Tenant shall not underlet any Permitted Part the Property unless, before the underlease is granted, the Tenant has given the Landlord:
(a) a certified copy of the notice served on the undertenant, as required by section 38A(3)(a) of the LTA 1954Landlord and Texxxx Xxx 0000, applying to the tenancy to be created by the underlease; and
(b) a certified copy of the declaration or statutory declaration made by the undertenant in accordance with the requirements of section 38A(3)(b) of the LTA 1954Landlord and Texxxx Xxx 0000.
15.5 20.5 Any underletting by the Tenant shall must be by deed and shall must include:
(a) an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 are Landlord and Texxxx Xxx 0000 xre excluded from applying to the tenancy created by the underlease;,
(b) the reservation of a covenant by rent which is not less than the undertenant, enforceable by and expressed to be enforceable by full open market rental value of the Landlord (as superior landlord Property at the date the Property is underlet and which is payable at the same times as the Annual Rent under this lease (but this will not prevent an underlease providing for a rent free period of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this lease, except the covenants to pay the rents reserved a length permitted by this lease; andclause 20.3
(c) provisions requiring for the consent review of rent at the same dates and on the same basis as the review of rent in this lease, unless the term of the Landlord underlease does not extend beyond the next Review Date, but for the avoidance of doubt this clause shall not apply to be obtained in respect any underlease for a term of any matter for which the consent of the Landlord is required under this lease; and
less than five years (d) in the case of an underlease that is not substantively registrable at HM Land Registry, a covenant by the undertenant to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted Part, and shall otherwise be consistent with and include tenant covenants no less onerous than those in this lease and in a form approved by the Landlord, such approval not to be unreasonably withheld.
15.6 In relation to remove any underlease granted by the Tenant, the Tenant shall:
(a) not vary the terms notice of the underlease nor accept at HM Land Registry within a surrender reasonable period of expiry of the underlease without the consent of the Landlord, such consent not to be unreasonably withheld;and
(b) enforce the tenant covenants in the underlease and not waive any of them.underlease
Appears in 1 contract
Samples: Lease Agreement (TNS Inc)
UNDERLETTINGS. 15.1 The Tenant shall not 10.1 Not to underlet any Permitted Part or agree to underlet part only of the Premises.
10.2 Not to underlet or agree to underlet the whole of the Premises except in accordance with this clause nor Paragraph 10 and not without first obtaining the written consent of the Landlord, such Landlords (which consent shall not be unreasonably withheld or delayed) and in any event not to be unreasonably withheld.
15.2 The Tenant shall not underlet the whole of the Property.
15.3 The Tenant shall not underlet any Permitted Part:
(a) Premises together with any property or any other right over property that is not included within contained in this lease;Lease.
(b) at a fine or premium or reverse premium; nor
(c) allowing any rent free period 10.3 Any underlease of the whole of the Premises shall include an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the 1954 Act are excluded from applying to the undertenant.
15.4 The Tenant shall not underlet any Permitted Part unless, before tenancy created by the underlease and before any underlease is granted, granted to give to the Tenant has given the Landlord:
(a) Landlords a certified copy of the notice served on the undertenant, undertenant as required by section 38A(3)(a) of the LTA 1954, applying 1954 Act that applies to the tenancy to be created by the underlease; and
(b) underlease and a certified copy of the declaration or statutory declaration made by the undertenant in accordance with the requirements of section 38A(3)(b) of the LTA 19541954 Act.
15.5 Any underletting by 10.4 Every underlessee shall first enter into a covenant with the Landlords and with the Tenant shall be by deed and shall include:
(a) an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 are excluded from applying to the tenancy created by the underlease;
(b) a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to underlessee will observe and perform the covenants on the part of the tenant covenants in the underlease and any document that is supplemental or collateral to it and will observe and perform the tenant covenants contained in this lease, Lease so far as applicable to the premises underlet (except the covenants to pay the rents reserved by this lease; and
(c) provisions requiring the consent covenant for payment of the Landlord to be obtained rents) and will not assign underlet or part with or share possession or occupation of or grant any licence in respect of any matter for which the consent part only of the Landlord premises underlet and will not without obtaining the previous written consents of the Landlords and of the Tenant (which shall not be unreasonably withheld or delayed) assign underlet or part with possession of the whole of the premises underlet and that every assignee of the underlease and every sub-underlessee of the underlease whether mediate or immediate shall enter into a similar direct covenant with the Landlords and the Tenant before any assignment or sub-underlease is required under this lease; andmade to them.
10.5 Every underlease shall be at a rent (dpayable quarterly in advance) of not less than the full market rent of the premises underlet obtainable without taking a covenant fine or premium or reverse premium or granting any rent free period and the amount of each such rent to be first approved in writing by the undertenant to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted Part, and shall otherwise be consistent with and include tenant covenants no less onerous than those in this lease and in a form approved by the Landlord, Landlords (such approval not to be unreasonably withheld) and the Tenant shall not at any time permit the reduction of the rent payable by any person in whom any underlease of the Premises shall for the time being be vested.
15.6 10.6 That if the Landlords reasonably require one or more guarantors acceptable to the Landlords (acting reasonably) enter into a guarantee and indemnity of the tenant covenants contained in the underlease in a form set out in the Eighth Schedule (with such amendments and additions as the Landlords may reasonably require).
10.7 In relation to any underlease granted by the Tenant, Tenant the Tenant shall:
(a) shall not vary the terms of the underlease nor accept a surrender of the underlease without the consent of the Landlord, such Landlords (which consent shall not to be unreasonably withheld;and
(bwithheld) and the Tenant shall enforce the tenant covenants in the underlease and not waive any of them.
Appears in 1 contract
UNDERLETTINGS. 15.1 14.3.1 The Tenant shall not underlet or agree to underlet any Permitted Part part of the Premises (as opposed to the whole).
14.3.2 The Tenant shall not underlet the whole of the Premises, except in accordance with this the remainder of clause nor without 14.3 and with clauses 14.4 and 14.5 and then only with the consent of the Landlord, such consent not to be unreasonably withheldwithheld or delayed.
15.2 14.3.3 The Tenant shall not underlet the whole Premises without first obtaining from the undertenant a covenant by the undertenant with the Landlord to comply with the terms of this Lease on the part of the Propertytenant (in the case of an underletting of a Permitted Part so far as they apply to that Permitted Part), other than as to the payment of any Rent or other sums reserved as rent by this Lease, and to comply with the obligations on the undertenant in the underlease (and any document which is supplemental or collateral to the underlease) throughout the term of the underlease or until the undertenant is released by virtue of the Landlord and Tenant (Covenants) Xxx 0000, if sooner.
15.3 14.3.4 Any underlease shall be granted at the then full open market rental value of the Premises (but this will not prevent an underlease providing for a rent-free period of a length as is then usual in the open market in respect of such a letting), and without a fine or premium and with the underlease rent payable not more than one quarter in advance.
14.3.5 The Tenant shall not underlet any Permitted Partgrant an underlease unless:
(a) together with any property or any right over property that is not included within this lease;
(b) at a fine or premium or reverse premium; nor
(c) allowing any rent free period to the undertenant.
15.4 The Tenant shall not underlet any Permitted Part unless, before the earlier of the undertenant entering into the underlease is grantedand the undertenant becoming contractually bound to do so, the Tenant has given the Landlord:
(a) served a certified copy of the notice served on the undertenant and the undertenant (or a person duly authorised by the undertenant) has made a statutory declaration, as required by section 38A(3)(a) of the LTA 1954, applying such notice and statutory declaration to relate to the tenancy to be created by the underleaseunderlease and to comply with section 38A of the Landlord and Xxxxxx Xxx 0000 and the relevant schedules of the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003; and
(b) the Tenant has supplied the Landlord with a certified copy of the declaration or notice and statutory declaration made referred to in clause 14.3.5(a).
14.3.6 The Tenant shall not grant any underlease for a term which will expire by effluxion of time later than three clear days before the date the contractual term granted by this deed will expire by effluxion of time.
14.3.7 The Tenant shall not enter into any collateral deed nor give any side letter varying or relieving the undertenant from any terms required by clause 14.3 or clause 14.4 to be contained in accordance with the requirements of section 38A(3)(b) of the LTA 1954.
15.5 Any underletting by the Tenant shall be by deed and shall include:
(a) an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 are excluded from applying to the tenancy created by the underlease;
(b) a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this lease, except the covenants to pay the rents reserved by this lease; and
(c) provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
(d) a covenant by the undertenant to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted Part, and shall otherwise be consistent with and include tenant covenants no less onerous than those in this lease and in a form approved by the Landlord, such approval not to be unreasonably withheld.
15.6 In relation to any underlease granted by the Tenant, the Tenant shall:
(a) not vary the terms of the underlease nor accept a surrender of the underlease without the consent of the Landlord, such consent not to be unreasonably withheld;and
(b) enforce the tenant covenants in the underlease and not waive any of them.
Appears in 1 contract
Samples: Lease (Cra International, Inc.)
UNDERLETTINGS. 15.1 18.1 The Tenant shall not underlet any Permitted Part the whole of the Property.
18.2 The Tenant shall not underlet part only of the Property except in accordance with this clause nor without the consent of the Landlord, such consent not to be unreasonably withheld.
15.2 18.3 The Tenant shall not underlet the whole part of the Property.
15.3 The Tenant shall not underlet any Permitted Part:
(a) together with any property or any right over property that is not included within this lease;
(b) at a fine or premium or reverse premium; nor
(c) allowing any rent free period to the undertenantundertenant [that exceeds the period as is then usual in the open market in respect of such a letting].
15.4 18.4 [The Tenant shall not underlet any Permitted Part part of the Property unless, before the underlease is granted, the Tenant has given the Landlord:
(a) a certified copy of the notice served on the undertenant, as required by section 38A(3)(a) of the LTA 1954, applying to the tenancy to be created by the underlease; and
(b) a certified copy of the declaration or statutory declaration made by the undertenant in accordance with the requirements of section 38A(3)(b) of the LTA 1954.]
15.5 18.5 Any underletting by the Tenant shall be by deed and shall include:
(a) [an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 are excluded from applying to the tenancy created by the underlease;]
(b) the reservation of a rent which is not less than the full open market rental value of the Property at the date the Property is underlet [(but this shall not prevent an underlease providing for a rent-free period of a length permitted by Clause 19.3(c))];
(c) a break clause so that the Tenant can terminate the underlease after the fifth year of the term of the underlease.
(d) a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this lease, except the covenants to pay the rents reserved by this lease; and
(ce) provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
(d) a covenant by the undertenant to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted Part, and shall otherwise be consistent with and include tenant covenants no less onerous (other than as to the Annual Rent) than those in this lease [and in a form approved by the Landlord, such approval not to be unreasonably withheld].
15.6 18.6 In relation to any underlease granted by the Tenant, the Tenant shall:
(a) not vary the terms of the underlease nor accept a surrender of the underlease without the consent of the Landlord, such consent not to be unreasonably withheld;andwithheld;
(b) enforce the tenant covenants in the underlease and not waive any of themthem nor allow any reduction in the rent payable under the underlease; and
(c) ensure that in relation to any rent review the revised rent is not agreed without the approval of the Landlord, such approval not to be unreasonably withheld.
Appears in 1 contract
Samples: Lease Agreement
UNDERLETTINGS. 15.1 19.1 The Tenant shall not underlet the whole nor any Permitted Part part of the Property except in accordance with this clause nor without the consent of the Landlord, such consent not to be unreasonably withheld.
15.2 19.2 The Tenant shall not underlet part only of the Property.
19.3 The Tenant shall not underlet the whole of the Property.
15.3 The Tenant shall not underlet any Permitted Part:
(a) together with any property or any right over property that is not included within this lease;
(b) at a fine or premium or reverse premium; nor
(c) allowing any rent free period to the undertenantundertenant [that exceeds the period as is then usual in the open market in respect of such a letting].
15.4 19.4 [The Tenant shall not underlet any Permitted Part the Property unless, before the underlease is granted, the Tenant has given the Landlord:
(a) a certified copy of the notice served on the undertenant, as required by section 38A(3)(a) of the LTA 1954, applying to the tenancy to be created by the underlease; and
(b) a certified copy of the declaration or statutory declaration made by the undertenant in accordance with the requirements of section 38A(3)(b) of the LTA 1954.]
15.5 19.5 Any underletting by the Tenant shall be by deed and shall include:
(a) [an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 are excluded from applying to the tenancy created by the underlease;]
(b) the reservation of a rent which is not less than the full open market rental value of the Property at the date the Property is underlet and which is payable at the same times as the Annual Rent under this lease [(but this shall not prevent an underlease providing for a rent-free period of a length permitted by clause 1.1(c))];
(c) provisions for the review of rent at the same dates and on the same basis as the review of rent in this lease, unless the term of the underlease does not extend beyond the next Review Date;
(d) a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this lease, except the covenants to pay the rents reserved by this lease; and
(ce) provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
(d) a covenant by the undertenant to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted Part, and shall otherwise be consistent with and include tenant covenants no less onerous (other than as to the Annual Rent) than those in this lease [and in a form approved by the Landlord, such approval not to be unreasonably withheld].
15.6 19.6 In relation to any underlease granted by the Tenant, the Tenant shall:
(a) not vary the terms of the underlease nor accept a surrender of the underlease without the consent of the Landlord, such consent not to be unreasonably withheld;andwithheld;
(b) enforce the tenant covenants in the underlease and not waive any of themthem nor allow any reduction in the rent payable under the underlease; and
(c) ensure that in relation to any rent review the revised rent is not agreed without the approval of the Landlord, such approval not to be unreasonably withheld.
Appears in 1 contract
Samples: Lease Agreement
UNDERLETTINGS. 15.1 17.1 The Tenant shall not underlet any Permitted Part the whole of the Property except in accordance with this clause nor without the consent of the Landlord, such consent not to be unreasonably withheld.
15.2 17.2 The Tenant shall not underlet part only of the Property except in accordance with this clause nor without the consent of the Landlord such consent to be in the absolute discretion of the Landlord.
17.3 The Tenant shall not underlet the whole of the Property.
15.3 The Tenant shall not underlet any Permitted Part:
(a) together with any property or any right over property that is not included within this lease;
(b) at a fine or premium or reverse premium; nor
(c) allowing any rent free period to the undertenant.
15.4 17.4 The Tenant shall not underlet any Permitted Part the Property unless, before the underlease is granted, the Tenant has given the Landlord:
(a) a certified copy of the notice served on the undertenant, as required by section 38A(3)(a) of the LTA 1954, applying to the tenancy to be created by the underlease; and
(b) a certified copy of the declaration or statutory declaration made by the undertenant in accordance with the requirements of section 38A(3)(b) of the LTA 1954.
15.5 17.5 Any underletting by the Tenant shall be by deed and shall include:
(a) an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 are excluded from applying to the tenancy created by the underlease;
(b) the reservation of a rent which is not less than the full open market rental value of the Property at the date the Property is underlet and which is payable at the same times as the Annual Rent under this lease
(c) provisions for the review of rent at the same dates and on the same basis as the review of rent in this lease, unless the term of the underlease does not extend beyond the next Review Date;
(d) a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this lease, except the covenants to pay the rents reserved by this lease; and
(ce) provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
(d) a covenant by the undertenant to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted Part, and shall otherwise be consistent with and include tenant covenants no less onerous (other than as to the Annual Rent) than those in this lease and in a form approved by the Landlord, such approval not to be unreasonably withheld.
15.6 17.6 In relation to any underlease granted by the Tenant, the Tenant shall:
(a) not vary the terms of the underlease nor accept a surrender of the underlease without the consent of the Landlord, such consent not to be unreasonably withheld;andwithheld;
(b) enforce the tenant covenants in the underlease and not waive any of themthem nor allow any reduction in the rent payable under the underlease; and
(c) ensure that in relation to any rent review the revised rent is not agreed without the approval of the Landlord, such approval not to be unreasonably withheld.
Appears in 1 contract
Samples: Lease
UNDERLETTINGS. 15.1 The 17.1 the Tenant shall not underlet any Permitted Part except in accordance with this clause nor the whole of the Property without the consent of the Landlord, Landlord such consent not to be unreasonably withheldwithheld or delayed provided such underletting shall only be to a body corporate set up or approved for the running of the Property for the Permitted Use
17.2 The Tenant shall not underlet a part or any parts of the Property for a term in excess of 25 years and such underletting will be in connection with the Permitted Use.
15.2 17.3 The Tenant shall not underlet the whole of the PropertyProperty or any part or parts of the Property except in accordance with this clause.
15.3 17.4 The Tenant shall not underlet any Permitted Partthe Property:
(a) together with any property or any right over property that is not included within this lease;
(b) at leaseat a fine or premium or reverse premium; nor
(cb) allowing any rent free period to the undertenant.
15.4 17.5 The Tenant shall not underlet any Permitted Part the Property unless, before the underlease is granted, the Tenant has given the Landlord:
(a) a certified copy of the notice served on the undertenant, as required by section 38A(3)(a) of the LTA 1954, applying to the tenancy to be created by the underlease; and
(b) a certified copy of the declaration or statutory declaration made by the undertenant in accordance with the requirements of section 38A(3)(b) of the LTA 1954.
15.5 17.6 Any underletting by the Tenant shall be by deed and shall include:
(a) an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 are excluded from applying to the tenancy created by the underlease;
(b) the reservation of a rent which is not less than the full open market agricultural rental value of the Property in relation to the Additional Land at the date the Property is underlet and which is payable at the same times as the Annual Rent under this lease;
(c) provisions for the review of rent at the same dates and on the same basis as the review of rent in this lease, unless the term of the underlease does not extend beyond the next Review Date;
(d) a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this lease, except the covenants to pay the rents reserved by this lease;
(e) an absolute prohibition against assignments and prohibition against underlettings of whole;
(f) any allowed underletting of part or any parts not to be in excess of 25 years and such underletting will be in connection with the Permitted Use and shall contain an agreement between the undertenant and subtenant that the provisions of sections 24 to 28 of the LTA 1954 are excluded from applying to the tenancy created by the subunderlease, and further contain an absolute prohibition against assignments and underlettings of whole or part or any parts; and
(cg) provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
(d) a covenant by the undertenant to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted Part, and shall otherwise be consistent with and include tenant covenants no less onerous (other than as to the Annual Rent) than those in this lease and in a form approved by the Landlord, such approval not to be unreasonably withheld.
15.6 In relation to any underlease granted by the Tenant, the Tenant shall:
(a) . not vary the terms of the underlease nor accept a surrender of the underlease without the consent of the Landlord, such consent not to be unreasonably withheld;and
(b) withheld;¶ enforce the tenant covenants in the underlease and not waive any of them.them nor allow any reduction in the rent payable under the underlease; and¶ ensure that in relation to any rent review the revised rent is not agreed without the approval of the Landlord, such approval not to be unreasonably withheld.¶
Appears in 1 contract
Samples: Lease Agreement
UNDERLETTINGS. 15.1 18.1 The Tenant shall not underlet any Permitted Part the whole of the Property except in accordance with this clause nor without the consent of the Landlord, such consent not to be unreasonably withheldwithheld or delayed.
15.2 18.2 The Tenant shall not underlet part only of the Property.
18.3 The Tenant shall not underlet the whole of the Property.
15.3 The Tenant shall not underlet any Permitted Part:
(a) 18.3.1 together with any property or any right over property that is not included within this lease;
(b) 18.3.2 at a fine or premium or reverse premium; nor
(c) 18.3.3 allowing any rent free period to the undertenantundertenant that exceeds the period as is then usual in the open market in respect of such a letting.
15.4 18.4 The Tenant shall not underlet any Permitted Part the Property unless, before the underlease is granted, the Tenant has given the Landlord:
(a) 18.4.1 a certified copy of the notice served on the undertenant, as required by section 38A(3)(a) of the LTA 1954, applying to the tenancy to be created by the underlease; and
(b) 18.4.2 a certified copy of the declaration or statutory declaration made by the undertenant in accordance with the requirements of section 38A(3)(b) of the LTA 1954.
15.5 18.5 Any underletting by the Tenant shall be by deed and shall include:
(a) 18.5.1 an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 are excluded from applying to the tenancy created by the underlease;
18.5.2 the reservation of a rent which is not less than the full open market rental value of the Property at the date on which the Landlord grants consent to the underletting and which is payable at the same times as the Annual Rent under this lease (b) but this shall not prevent an underlease providing for a rent-free period of a length permitted by clause 18.3.3);
18.5.3 a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this lease, except the covenants to pay the rents reserved by this lease; and
(c) 18.5.4 provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
(d) a covenant by the undertenant to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted Part, and shall otherwise be consistent with and include tenant covenants no less onerous (other than as to the Annual Rent) than those in this lease and in a form approved by the Landlord, such approval not to be unreasonably withheldwithheld or delayed.
15.6 18.6 In relation to any underlease granted by the Tenant, the Tenant shall:
(a) 18.6.1 not vary the terms of the underlease nor accept a surrender of the underlease without the consent of the Landlord, such consent not to be unreasonably withheld;andwithheld;
(b) 18.6.2 enforce the tenant covenants in the underlease and not waive any of themthem nor allow any reduction in the rent payable under the underlease; and
18.6.3 ensure that in relation to any rent review the revised rent is not agreed without the approval of the Landlord, such approval not to be unreasonably withheld.
Appears in 1 contract
Samples: Lease
UNDERLETTINGS. 15.1 17.1 The Tenant shall not underlet any Permitted Part the whole of the Property except in accordance with this clause nor without the consent of the Landlord, such consent not to be unreasonably withheldwithheld or delayed.
15.2 17.2 The Tenant shall not underlet part only of the Property.
17.3 The Tenant shall not underlet the whole of the Property.
15.3 The Tenant shall not underlet any Permitted Part:
(a) together with any property or any right over property that is not included within this lease;
(b) at a fine or premium or reverse premium; nor
(c) allowing any rent free period to the undertenantundertenant that exceeds the period as is then usual in the open market in respect of such a letting.
15.4 17.4 The Tenant shall not underlet any Permitted Part the Property unless, before the underlease is granted, the Tenant has given the Landlord:
(a) a certified copy of the notice served on the undertenant, as required by section 38A(3)(a) of the LTA 19541954 Act, applying to the tenancy to be created by the underlease; and
(b) a certified copy of the declaration or statutory declaration made by the undertenant in accordance with the requirements of section 38A(3)(b) of the LTA 19541954 Act.
15.5 17.5 Any underletting by the Tenant shall be by deed and shall include:
(a) an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 Act are excluded from applying to the tenancy created by the underlease;
(b) the reservation of a rent which is not less than the full open market rental value of the Property at the date the Property is underlet and which is payable at the same times as the Annual Rent under this lease (but this shall not prevent an underlease providing for a rent-free period of a length permitted by clause 17.3(c));
(c) provisions for the review of rent at the same dates and on the same basis as the review of rent in this lease, unless the term of the underlease does not extend beyond the next Review Date;
(d) a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this lease, except the covenants to pay the rents reserved by this lease; and
(ce) provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
(d) a covenant by the undertenant to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted Part, and shall otherwise be consistent with and include tenant covenants no less onerous (other than as to the Annual Rent) than those in this lease and in a form approved by the Landlord, such approval not to be unreasonably withheld.
15.6 17.6 In relation to any underlease granted by the Tenant, the Tenant shall:
(a) not vary the terms of the underlease nor accept a surrender of the underlease without the consent of the Landlord, such consent not to be unreasonably withheld;andwithheld;
(b) enforce the tenant covenants in the underlease and not waive any of them.them nor allow any reduction in the rent payable under the underlease;
Appears in 1 contract
UNDERLETTINGS. 15.1 The Tenant shall not underlet any Permitted Part except in accordance with this clause nor without the consent of the Landlord, such consent not to be unreasonably withheld.
15.2 The Tenant shall not underlet the whole of the Property.
15.3 The Tenant shall not underlet any Permitted Part:
(a) together with any property or any right over property that is not included within this leaseto underlet part only of the Premises other than a Permitted Part;
(b) at not to underlet the whole or a fine or premium or reverse premium; norPermitted Part of the Premises without the Landlord's Permission (given by way of Licence);
(c) allowing any rent free period not to underlet the undertenant.
15.4 The Tenant shall not underlet any whole or a Permitted Part of the Premises unless, before the underlease is granted, the Tenant has given the Landlord:: -
(ai) a certified copy of the notice served on the undertenant, as required by section 38A(3)(a) of the LTA 1954, applying to the tenancy to be created by the underlease; and: -
(b1) reserves a certified copy rent of not less than the declaration open market rent for the Premises at the time of grant without a fine or statutory declaration made premium;
(2) contains a covenant by the undertenant in accordance not to underlet, part with the requirements of section 38A(3)(b) or share possession or share occupation of the LTA 1954.whole or any part or parts of the underlet premises, nor to assign or charge part only of the underlet premises;
15.5 Any underletting (3) contains a covenant by the Tenant shall be undertenant not to assign or charge the whole of the underlet premises without the Landlord's Permission (given by deed and shall include:way of Licence);
(a4) an agreement between contains a covenant by the undertenant not to do or omit to do any act or thing which would or might cause the Tenant and to be in breach of its covenants in this Lease;
(5) is otherwise on the undertenant that same terms (mutatis mutandis) as the provisions terms of this Lease;
(6) is excluded from the operation of sections 24 to 28 of the LTA 1954 are excluded from applying to the tenancy created by the underleaseAct;
(bii) before the grant of any underlease the Tenant procures a covenant by from the undertenant, enforceable by undertenant and expressed to be enforceable by any guarantor of the undertenant with the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants on the part of the undertenant contained in the proposed underlease;
(iii) all sums due from the Tenant under this Lease are paid before completion of the underletting;
(d) not to vary the terms of any underlease without the Landlord's Permission (given by way of Licence);
(e) not to accept a surrender of part of the underlet premises and any document that is supplemental or collateral to it and notify the tenant covenants Landlord in this lease, except writing if the covenants to pay Tenant accepts a surrender of the rents reserved by this leasewhole of the underlet premises; and
(cf) provisions requiring to enforce the consent covenants of the Landlord to be obtained in respect of undertenant under any matter for which the consent of the Landlord is required under this lease; and
(d) a covenant by the undertenant to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted Part, and shall otherwise be consistent with and include tenant covenants no less onerous than those in this lease and in a form approved by the Landlord, such approval not to be unreasonably withheld.
15.6 In relation to any underlease granted by the Tenant, the Tenant shall:
(a) not vary the terms of the underlease nor accept a surrender of the underlease without the consent of the Landlord, such consent not to be unreasonably withheld;and
(b) enforce the tenant covenants in the underlease and not waive any of them.underlease;
Appears in 1 contract
Samples: Lease (Aerohive Networks, Inc)
UNDERLETTINGS. 15.1 21.1 The Tenant shall not underlet any Permitted Part the whole of the Property.
21.2 The Tenant shall not underlet part only of the Property except in accordance with this clause nor without the consent of the Landlord, such consent not to be unreasonably withheldwithheld or delayed, and then only in accordance with the following provisions of this clause 21.
15.2 21.3 The Tenant may underlet a Permitted Part provided that the number of underlettings of a Permitted Part shall not exceed [2]23.
21.4 The Tenant shall not underlet the whole of the Property.
15.3 The Tenant shall not underlet any Permitted Part:
(a) together with any property or any right over property that is not included within this lease;
(b) at a fine or premium or reverse premium; nor
(c) allowing any rent free period to the undertenant.
15.4 21.5 The Tenant shall not underlet any Permitted Part the Property unless, before the underlease is granted, the Tenant has given the Landlord:
(a) a certified copy of the notice served on the undertenant, as required by section 38A(3)(a) of the LTA 1954, applying to the tenancy to be created by the underlease; and
(b) a certified copy of the declaration or statutory declaration made by the undertenant in accordance with the requirements of section 38A(3)(b) of the LTA 1954.
15.5 21.6 Any underletting by the Tenant shall be by deed and shall include:
(a) an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 are excluded from applying to the tenancy created by the underlease;
(b) the reservation of a rent which is at least equal to the Annual Rent value (relative to the proportion of the Property underlet) which is payable under this lease at the time of the underletting and which is payable at the same times as the Annual Rent under this lease; 23 Property specifics to be considered.
(c) provisions for the review of rent at the same dates and on the same basis as the review of rent in this lease, unless the term of the underlease does not extend beyond the next Review Date;
(d) provisions prohibiting the undertenant to underlet;
(e) a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this lease, except the covenants to pay the rents reserved by this lease; and
(cf) provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
(d) a covenant by the undertenant to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted Part, and shall otherwise be consistent with and include tenant covenants no less onerous (other than as to the level of Annual Rent and the prohibition on underletting) than those in this lease and in a form approved by the Landlord, such approval not to be unreasonably withheldwithheld or delayed.
15.6 21.7 In relation to any underlease granted by the Tenant, the Tenant shall:
(a) not vary the terms of the underlease nor accept a surrender of the underlease without the consent of the Landlord, such consent not to be unreasonably withheld;andwithheld or delayed;
(b) enforce the tenant covenants in the underlease and not waive any of themthem nor allow any reduction in the rent payable under the underlease; and
(c) ensure that in relation to any rent review the revised rent is not agreed without the approval of the Landlord, such approval not to be unreasonably withheld.
Appears in 1 contract
Samples: Lease
UNDERLETTINGS. 15.1 20.1 The Tenant shall not underlet any Permitted Part the whole of the Property except in accordance with this clause nor without the consent of the Landlord, such consent not to be unreasonably withheldwithheld or delayed
20.2 The Tenant shall not underlet part only of the Property.
15.2 20.3 The Tenant shall not underlet the whole of the Property.
15.3 The Tenant shall not underlet any Permitted Part:
(a) together with any property or any right over property that is not included within this lease;
(b) at a fine or premium or reverse premium; nor
(c) allowing any rent free period to the undertenantundertenant that exceeds the period as is then usual in the open market in respect of such a letting.
15.4 20.4 The Tenant shall not underlet any Permitted Part the Property unless, before the underlease is granted, the Tenant has given the Landlord:
(a) a certified copy of the notice served on the undertenant, as required by section 38A(3)(a) of the LTA 1954, applying to the tenancy to be created by the underlease; and
(b) a certified copy of the declaration or statutory declaration made by the undertenant in accordance with the requirements of section 38A(3)(b) of the LTA 1954.
15.5 20.5 Any underletting by the Tenant shall be by deed and shall include:
(a) an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 are excluded from applying to the tenancy created by the underlease;
(b) the reservation of a rent which is not less than the full open market rental value of the Property at the date the Property is underlet and which is payable at the same times as the Annual Rent under this lease (but this shall not prevent an underlease providing for a rent-free period of a length permitted by clause 20.3(c));
(c) provisions for the review of rent at the same dates and on the same basis as the review of rent in this lease, unless the term of the underlease does not extend beyond the next Review Date;
(d) a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this lease, except the covenants to pay the rents reserved by this lease; and
(ce) provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
(d) a covenant by the undertenant to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted Part, and shall otherwise be consistent with and include tenant covenants no less onerous (other than as to the Annual Rent) than those in this lease and in a form approved by the Landlord, such approval not to be unreasonably withheld.
15.6 20.6 In relation to any underlease granted by the Tenant, the Tenant shall:
(a) not vary the terms of the underlease nor accept a surrender of the underlease without the consent of the Landlord, such consent not to be unreasonably withheld;andwithheld or delayed;
(b) enforce the tenant covenants in the underlease and not waive any of themthem nor allow any reduction in the rent payable under the underlease; and
(c) ensure that in relation to any rent review the revised rent is not agreed without the approval of the Landlord, such approval not to be unreasonably withheld or delayed.
Appears in 1 contract
Samples: Lease Agreement
UNDERLETTINGS. 15.1 19.1 The Tenant shall not underlet the whole or any Permitted Part part of the Property except in accordance with the following provisions of this clause nor without the consent Clause 19, Where an underletting of the Landlord, whole or any part of the Property is permissible in accordance with the following provisions it shall always be subject to a proviso that the prior consent in writing of the Landlord shall first be obtained such consent not to be unreasonably withheld.
15.2 19.2 The Tenant shall not underlet the whole or any part of Unit 30.
19.3 The Tenant shall not underlet part only of the Clock House.
19.4 The Tenant shall not underlet the whole of the Property.
15.3 The Tenant shall not underlet any Permitted PartClock House:
(a) 19.4.1 together with any property or any right over property that is not included within this leaseLease;
(b) 19.4.2 at a fine or premium or reverse premium; nor
(c) 19.4.3 allowing any rent free period to the undertenantundertenant without the consent of the Landlord.
15.4 19.5 The Tenant shall not underlet any Permitted Part the whole of The Clock House unless, before the underlease is granted, the Tenant has given the Landlord:
(a) 19.5.1 a certified copy of the notice served on the undertenant, as required by section 38A(3)(a) of the LTA 1954, applying to the tenancy to be created by the underlease; and
(b) 19.5.2 a certified copy of the declaration or statutory declaration made by the undertenant in accordance with the requirements of section 38A(3)(b) of the LTA 1954.
15.5 19.6 Any underletting by the Tenant shall be by deed and shall include:
(a) 19.6.1 an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 are excluded from applying to the tenancy created by the underlease;
19.6.2 the reservation of a rent which is not less than the full open market rental value of the Property at the date the Property is underlet and which is payable at the same times as the Annual Rent under this Lease (b) but this shall not prevent an underlease providing for a rent- free period of a length permitted by clause 19.4.3;
19.6.3 a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this leaseLease, except the covenants to pay the rents reserved by this leaseLease; and
(c) 19.6.4 provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
(d) a covenant by the undertenant to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted PartLease, and shall otherwise be consistent with and include tenant covenants no less onerous (other than as to the Annual Rent) than those in this lease Lease and in a form previously approved by the Landlord, such approval not to be unreasonably withheld.
15.6 19.7 In relation to any underlease granted by the Tenant, the Tenant shall:
(a) 19.7.1 not vary the terms of the underlease nor accept a surrender of the underlease without the consent of the Landlord, such consent not to be unreasonably withheld;andwithheld;
(b) 19.7.2 enforce the tenant covenants in the underlease and not waive any of themthem nor allow any reduction in the rent payable under the underlease; and
19.7.3 ensure that in relation to any rent review the revised rent is not agreed without the approval of the Landlord, such approval not to be unreasonably withheld.
Appears in 1 contract
Samples: Lease Agreement
UNDERLETTINGS. 15.1 14.3.1 The Tenant shall not underlet or agree to underlet any part of the Premises (as opposed to the whole) other than a Permitted Part Part.
14.3.2 The Tenant shall not underlet the whole of the Premises or a Permitted Part, except in accordance with this the remainder of clause nor without 14.3 and with clause 14.4 and then only with the consent of the Landlord, such consent not to be unreasonably withheldwithheld or delayed.
15.2 14.3.3 The Tenant shall not underlet the whole Premises or a Permitted Part without first obtaining from the undertenant a covenant by the undertenant with the Landlord to comply with the terms of this Lease on the part of the Propertytenant, other than as to the payment of any Rent or other sums reserved as rent by this Lease, and to comply with the obligations on the undertenant in the underlease (and any document which is supplemental or collateral to the underlease) throughout the term of the underlease or until the undertenant is released by virtue of the Landlord and Tenant (Covenants) Xxx 0000, if sooner.
15.3 14.3.4 Any underlease of whole or a Permitted Part shall be granted at a rent which is not less than the then full open market rental value of the Premises or the relevant Permitted Part (but this will not prevent an underlease providing for a rent-free period of a length as is then usual in the open market in respect of such a letting), and without a fine or premium and with the underlease rent payable not more than one quarter in advance.
14.3.5 The Tenant shall not underlet any Permitted Partgrant an underlease unless:
(a) together with any property or any right over property that is not included within this lease;
(b) at a fine or premium or reverse premium; nor
(c) allowing any rent free period to the undertenant.
15.4 The Tenant shall not underlet any Permitted Part unless, before the earlier of the undertenant entering into the underlease is grantedand the undertenant becoming contractually bound to do so, the Tenant has given the Landlord:
(a) served a certified copy of the notice served on the undertenant and the undertenant (or a person duly authorised by the undertenant) has made a statutory declaration, as required by section 38A(3)(a) of the LTA 1954, applying such notice and statutory declaration to relate to the tenancy to be created by the underleaseunderlease and to comply with section 38A of the Landlord and Xxxxxx Xxx 0000 and the relevant schedules of the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003; and
(b) the Tenant has supplied the Landlord with a certified copy of the declaration or notice and statutory declaration made by the undertenant referred to in accordance with the requirements of section 38A(3)(b) of the LTA 1954clause 14.3.5(a).
15.5 Any 14.3.6 In the case of an underletting by the Tenant shall be by deed and shall includeof a Permitted Part:
(a) an agreement between such Permitted Part must be capable of self-contained beneficial use and must be let on a self-contained basis, it must comply with the Tenant then current statutory requirements including fire and building regulations and have the undertenant that the provisions benefit of sections 24 to 28 all necessary accesses, means of the LTA 1954 are excluded from applying to the tenancy created by the underlease;escape and facilities including access and necessary toilet, sanitary and staff facilities; and
(b) a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this lease, except the covenants to pay the rents reserved by this lease; and
(c) provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
(d) a covenant by the undertenant to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted Part, and shall otherwise be consistent with and include tenant covenants no less onerous than those in this lease and in a form approved by the Landlord, such approval not to be unreasonably withheld.
15.6 In relation to any underlease granted by the Tenant, the Tenant shall:
(a) not vary the terms grant of the underlease nor accept a surrender of the underlease without the consent Permitted Part shall not result in more than two separate occupations of the Landlord, such consent Premises subsisting at any one time and if the Tenant remains in occupation that occupation shall be counted as one of the two occupations.
14.3.7 The Tenant shall not grant any underlease of the whole or a Permitted Part for a term which will expire by effluxion of time later than three clear days before the date the contractual term granted by this deed will expire by effluxion of time.
14.3.8 The Tenant shall not enter into any collateral deed nor give any side letter varying or relieving the undertenant from any terms required by clause 14.3 or clause 14.4 to be unreasonably withheld;and
(b) enforce the tenant covenants contained in the underlease and not waive any of themunderlease.
Appears in 1 contract
Samples: Lease (Coty Inc.)
UNDERLETTINGS. 15.1 16.1 The Tenant shall not underlet any Permitted Part the whole of the Property except in accordance with this clause nor without the consent of the Landlord, such consent not to be unreasonably withheld.withheld or delayed
15.2 16.2 The Tenant shall not underlet the whole part only of the Property.
15.3 16.3 The Tenant shall not may underlet any Permitted Partthe whole of the Property but not:
(a) together with any property or any right over property that is not included within this lease;; nor
(b) at a fine or premium or reverse premium; nor
(c) allowing any rent free period to the undertenantundertenant that exceeds the period as is then usual in the open market in respect of such a letting.
15.4 16.4 The Tenant shall not underlet any Permitted Part the Property unless, before the underlease is granted, the Tenant has given the Landlord:
(a) a certified copy of the notice served on the undertenant, as required by section 38A(3)(a) of the LTA 19541954 Act, applying to the tenancy to be created by the underlease; and
(b) a certified copy of the declaration or statutory declaration made by the undertenant in accordance with the requirements of section 38A(3)(b) of the LTA 19541954 Act.
15.5 16.5 Any underletting by the Tenant shall be by deed and shall include:
(a) an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 Act are excluded from applying to the tenancy created by the underlease;
(b) the reservation of a rent which is not less than the full open market rental value of the Property at the date the Property is underlet and which is payable at the same times as the Annual Rent under this lease (but this shall not prevent an underlease providing for a rent-free period of a length which is normal in the market);
(c) provision for a landlord's break option to terminate the underlease on the same date as the Break Date in this Lease;
(d) a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this lease, except the covenants to pay the rents reserved by this lease; and
(ce) provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
(d) a covenant by the undertenant to comply with , which consent may not be unreasonably withheld or delayed where such consent may not be unreasonably withheld or delayed under the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted Part, this Lease and shall otherwise be consistent with and include tenant covenants no less onerous (other than as to the Annual Rent) than those in this lease and in a form approved by the Landlord, such approval not to be unreasonably withheldlease.
15.6 16.6 In relation to any underlease granted by the Tenant, the Tenant shall:
(a) not vary the terms of the underlease nor accept a surrender of the underlease without the consent of the Landlord, such consent not to be unreasonably withheld;andwithheld or delayed;
(b) enforce substantially the tenant covenants in the underlease and not waive any material breach of them.them nor allow any reduction in the rent payable under the underlease; and
(c) ensure that in relation to any rent review the revised rent is not agreed without the approval of the Landlord, such approval not to be unreasonably withheld or delayed
16.7 Notwithstanding anything to the contrary contained in this Lease the tenant (in this clause meaning Costa Limited (company number 01270695)) may underlet the whole of the Property to a bona fide franchisee without the need to obtain the Landlords consent so long as the underlease is consistent with and includes tenants covenants no less onerous (other than as to the Annual Rent) than those in this Lease and further that such underlease excludes the provisions of sections 24 to 28 of the 1954 Act and shall include provisions for the landlord to terminate the lease on the Break Date
Appears in 1 contract
Samples: Lease Agreement
UNDERLETTINGS. 15.1 17.1 The Tenant shall not underlet any Permitted Part the whole of the Property except in accordance with this clause nor without the consent of the Landlord, such consent not to be unreasonably withheld.
15.2 17.2 The Tenant shall not underlet part only of the Property.
17.3 The Tenant shall not underlet the whole of the Property.
15.3 The Tenant shall not underlet any Permitted Part:
(a) 17.3.1 together with any property or any right over property that is not included within this lease;
(b) 17.3.2 at a fine or premium or reverse premium; nor
(c) 17.3.3 allowing any rent free period to the undertenant.undertenant that exceeds the period as is then usual in the open market in respect of such a letting.
15.4 17.4 The Tenant shall not underlet any Permitted Part the Property unless, before the underlease is granted, the Tenant has given the Landlord:
(a) 17.4.1 a certified copy of the notice served on the undertenant, as required by section 38A(3)(a) of the LTA 1954, applying to the tenancy to be created by the underlease; and
(b) 17.4.2 a certified copy of the declaration or statutory declaration made by the undertenant in accordance with the requirements of section 38A(3)(b) of the LTA 1954.
15.5 17.5 Any underletting by the Tenant shall be by deed and shall include:
(a) 17.5.1 an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 are excluded from applying to the tenancy created by the underlease;
17.5.2 the reservation of a rent which is not less than the full open market rental value of the Property at the date the Property is underlet and which is payable at the same times as the Annual Rent under this lease (b) but this shall not prevent an underlease providing for a rent-free period of a length permitted by clause 17.3.3);
17.5.3 provisions for the review of rent at the same dates and on the same basis as the review of rent in this lease, unless the term of the underlease does not extend beyond the next Review Date;
17.5.4 a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this lease, except the covenants to pay the rents reserved by this lease; and
(c) 17.5.5 provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
(d) a covenant by the undertenant to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted Part, lease and shall otherwise be consistent with and include tenant covenants no less onerous (other than as to the Annual Rent) than those in this lease and in a form approved by the Landlord, such approval not to be unreasonably withheldthis.
15.6 17.6 In relation to any underlease granted by the Tenant, the Tenant shall:
(a) 17.6.1 not vary the terms of the underlease nor accept a surrender of the underlease without the consent of the Landlord, such consent not to be unreasonably withheld;andwithheld or delayed;
(b) 17.6.2 enforce the tenant covenants in the underlease and not waive any of themthem nor allow any reduction in the rent payable under the underlease; and
17.6.3 ensure that in relation to any rent review the revised rent is not agreed without the approval of the Landlord, such approval not to be unreasonably withheld.
Appears in 1 contract
Samples: Lease
UNDERLETTINGS. 15.1 The Tenant shall not underlet any Permitted Part except in accordance with this clause nor without the consent of the Landlord, such consent not to be unreasonably withheld.
15.2 19.1 The Tenant shall not underlet the whole the Property except in accordance with this clause.
19.2 The Tenant shall not underlet part only of the Property.
15.3 19.3 The Tenant shall not sublet the whole of the Property without the consent of:
19.3.1 the Landlord (such consent not to be unreasonably withheld or delayed); and
19.3.2 the Superior Landlord in accordance with clause 19.4.
19.4 In respect of the consent of the Superior Landlord the Tenant must comply with the following:
19.4.1 The Tenant shall give to the Superior Landlord written notice (the Notice) of the Tenant's intention to grant a sublease not less than 15 Working Days prior to the date of the grant of the proposed sublease. The Notice shall include full details of the name, registered office and business address for the proposed subtenant, together with details of the property to be sublet, rent payable and any rent free period or other inducements to be allowed to the proposed subtenant.
19.4.2 The Tenant shall provide promptly such further information regarding the identity and status of the proposed subtenant as the Superior Landlord may reasonably require.
19.4.3 For so long as the Superior Landlord shall be a Crown Body it may within fifteen Working Days of receipt of the Notice serve written notice (the Counter Notice) on the Tenant objecting to the proposed sublease for one or more of the reasons listed in clause 44.10 provided always that any such Counter Notice shall be signed by an authorised signatory for the Superior Landlord.
19.4.4 If the Superior Landlord shall serve the Counter Notice the Tenant shall not grant the proposed sublease and the Superior Landlord shall be deemed to have refused its consent.
19.4.5 If the Superior Landlord shall not serve a Counter Notice then the consent of the Superior Landlord shall be deemed to have been obtained to the sublease proposed in the Notice Provided that if there is any variation to the details of the proposed sublease (including the details of the proposed subtenant) then the Tenant must comply again with the provisions of this clause 19.4.
19.5 The Tenant shall not underlet any Permitted Partthe Property:
(a) 19.5.1 together with any property or any right over property that is not included within this lease;
(b) 19.5.2 at a fine or premium or reverse premium; nor
(c) 19.5.3 allowing any rent free period to the undertenantundertenant that exceeds the period as is then usual in the open market in respect of such a letting.
15.4 19.6 The Tenant shall not underlet any Permitted Part the Property unless, before the underlease is granted, the Tenant has given the Landlord:
(a) 19.6.1 a certified copy of the notice served on the undertenant, as required by section 38A(3)(a) of the LTA 1954, applying to the tenancy to be created by the underlease; and
(b) 19.6.2 a certified copy of the declaration or statutory declaration made by the undertenant in accordance with the requirements of section 38A(3)(b) of the LTA 1954.
15.5 19.7 Any underletting by the Tenant shall be by deed and shall include:
(a) 19.7.1 an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 are excluded from applying to the tenancy created by the underlease;
(b) 19.7.2 the reservation of a rent which is not less than the full open market rental value of the Property at the date the Property is underlet and which is payable at the same times as the Annual Rent under this lease;
19.7.3 provisions for the review of rent at the same dates and on the same basis as the review of rent in this lease, unless the term of the underlease does not extend beyond the next Review Date;
19.7.4 a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its the Superior Landlord and their respective successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this lease, except the covenants to pay the rents reserved by this lease; and;
(c) 19.7.5 provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
(d) a covenant by 19.7.6 provisions requiring the undertenant to comply with the terms consent of the Community Use and Management Agreement so far as they are relevant Superior Landlord to be obtained in respect of any matter for which the Permitted Part, consent of the Superior Landlord is required under this lease and shall otherwise be consistent with and include tenant covenants no less onerous (other than as to the Annual Rent) than those in this lease and in a form approved by the Landlord, such approval not to be unreasonably withheld.
15.6 In relation to any underlease granted by the Tenant, the Tenant shall:
(a) not vary the terms of the underlease nor accept a surrender of the underlease without the consent of the Landlord, such consent not to be unreasonably withheld;and
(b) enforce the tenant covenants in the underlease and not waive any of them.
Appears in 1 contract
UNDERLETTINGS. 15.1 The Tenant shall not Not to underlet any part or parts of the Demised Premises except a Permitted Part except in accordance with this clause nor without the consent or Permitted Parts but so that at no time shall there be more than three occupiers of the Landlord, such consent Demised Premises and further not to be unreasonably withheld.
15.2 The Tenant shall not underlet the Demised Premises in whole of or a Permitted Part or Permitted Parts unless sub-clause 3.24(c) and the Property.
15.3 The Tenant shall not underlet any Permitted Partfollowing conditions have been fulfilled viz:
(ai) together with any property such underletting or any right over property that is not included within this lease;
(b) at a fine or premium or reverse premium; nor
(c) allowing any rent free period to the undertenant.
15.4 The Tenant underlettings of part shall not underlet any Permitted Part unless, before the underlease is granted, the Tenant has given the Landlord:
(a) a certified copy of the notice served on the undertenant, as required by section 38A(3)(a) of the LTA 1954, applying to the tenancy to be created by the underlease; and
(b) a certified copy of the declaration or statutory declaration made by the undertenant in accordance with the requirements of section 38A(3)(b) of the LTA 1954.
15.5 Any underletting by the Tenant shall be by deed and shall include:
(a) an agreement between the Tenant and the undertenant that the provisions of sections lawfully exclude Sections 24 to 28 inclusive of the LTA 1954 are excluded from applying to Landlord and Xxxxxx Xxx 0000 (as amended by Section 5 of the tenancy created by Law of Property Act 1969) and where the underlease;
(b) underletting comprises a covenant by part of a floor of the undertenant, enforceable by and expressed to be enforceable by Demised Premises the Landlord (as superior landlord at the date of grantacting reasonably) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this lease, except the covenants to pay the rents reserved by this lease; and
shall have approved (c) provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
(d) a covenant by the undertenant to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted Part, and shall otherwise be consistent with and include tenant covenants no less onerous than those in this lease and in a form approved by the Landlord, such approval not to be unreasonably withheld.withheld or delayed) the configuration of the part of the Demised Premises to be the subject of the underletting
15.6 In relation (ii) that prior to the grant of any underlease granted the undertenant shall have entered into a direct covenant with the Landlord (in such form as the Landlord may reasonably require) to observe and perform the covenants on the part of the Tenant herein contained (except the covenant to pay the Principal Rent hereby reserved) and the conditions herein contained insofar as the same are applicable to the premises to be underlet and the covenants on the part of the undertenant contained in the underlease throughout the term of the underlease
(iii) any underlease shall contain an absolute prohibition on the undertenant further underletting (though not assigning) the premises thereby demised as a whole or any part or parts thereof and shall contain provisions enabling the underlease to be determined by the Tenant, the Tenant shall:
(aiv) that every underletting of the Demised Premises shall be at a rent which shall have been approved by the Landlord prior to such underletting such approval not vary to be unreasonably withheld or delayed to a rent which shall be not less than the full rack rental value of the Demised Premises at the date of the underletting or an apportioned part thereof in respect of underlettings of less than the whole of the Demised Premises (having regard where appropriate to the requirement that Sections 24 to 28 (inclusive) of the Landlord and Xxxxxx Xxx 0000 (as amended by Section 5 of the Law of Property Act 1969) are to be excluded) without a premium and payable in advance on the usual quarter days and only one quarter in advance and on a full repairing basis and shall contain covenants on the part of the undertenant corresponding with those contained in this Lease insofar as the same are applicable to the premises to be underlet and reasonable and appropriate given the terms of the underlease nor accept a surrender Underlease and shall contain conditions mutatis mutandis on similar terms to those of this sub-clause PROVIDED THAT in this Clause 3.24(c)(iv) the expression "full rack rental value" shall mean the open market rental value for similar quality space being leased on terms (excluding inter alia the term of years) similar to those contained in this Lease (but with regard to the fact that the Lease is excluded from the Landlord & Xxxxxx Xxx 0000 (Sections 24 to 28 inclusive) but taking account of the underlease without the consent term of the Landlord, such consent not years to be unreasonably withheld;and
(b) enforce granted by the tenant covenants in the underlease and not waive any of them.Underlease
Appears in 1 contract
Samples: Lease (Virata Corp)
UNDERLETTINGS. 15.1 The Tenant shall not underlet any Permitted Part the whole of the Property except in accordance with this clause nor without the consent of the Landlord, such consent not to be unreasonably withheld.
15.2 . The Tenant shall not underlet part only of the Property but shall be permitted to grant an underlease of the pre-school area to a pre-school if required without the consent of the Landlord and further shall be entitled to grant licences, hiring agreements and concessions to persons intending to use the Building provided they comply with the Permitted Use and that the relationship of landlord and tenant does not exist. The Tenant shall not underlet the whole of the Property.
15.3 The Tenant shall not underlet any Permitted Part:
(a) : together with any property or any right over property that is not included within this lease;
(b) Lease; at a fine or premium or reverse premium; nor
(c) nor allowing any rent free period to the undertenant.
15.4 . The Tenant shall not underlet any Permitted Part the Property unless, before the underlease is granted, the Tenant has given the Landlord:
(a) : a certified copy of the notice served on the undertenant, as required by section 38A(3)(a) of the LTA 1954, applying to the tenancy to be created by the underlease; and
(b) and a certified copy of the declaration or statutory declaration made by the undertenant in accordance with the requirements of section 38A(3)(b) of the LTA 1954.
15.5 . Any underletting by the Tenant shall be by deed and shall include:
(a) : an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 are excluded from applying to the tenancy created by the underlease;
; the reservation of a rent which is not less than the full open market rental value of the Property at the date the Property is underlet and which is payable at the same times as the Annual Rent under this Lease (b) but this shall not prevent an underlease providing for a rent-free period of a length permitted by clause 13.3.3); provisions for the review of rent at the same dates and on the same basis as the review of rent in this Lease, unless the term of the underlease does not extend beyond the next Review Date; a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this leaseLease, except the covenants to pay the rents reserved by this leaseLease; and
(c) and provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
(d) a covenant by the undertenant to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted PartLease, and shall otherwise be consistent with and include tenant covenants no less onerous (other than as to the Annual Rent) than those in this lease and in a form approved by the Landlord, such approval not to be unreasonably withheld.
15.6 Lease. In relation to any underlease granted by the Tenant, the Tenant shall:
(a) : not vary the terms of the underlease nor accept a surrender of the underlease without the consent of the Landlord, such consent not to be unreasonably withheld;and
(b) withheld; enforce the tenant covenants in the underlease and not waive any of themthem nor allow any reduction in the rent payable under the underlease; and ensure that in relation to any rent review the revised rent is not agreed without the approval of the Landlord, such approval not to be unreasonably withheld.
Appears in 1 contract
Samples: Lease
UNDERLETTINGS. 15.1 24.1 The Tenant shall not underlet any the whole or a Permitted Part of the Property except in accordance with this clause nor without the consent of the Landlord, such consent not to be unreasonably withheldwithheld or delayed.
15.2 24.2 The Tenant shall not underlet part only of the Property, save for a Permitted Part in accordance and subject to the conditions set out in this clause 24.
24.3 The Tenant shall not underlet the whole of the Property.
15.3 The Tenant shall not underlet any Property or a Permitted Part:
(a) 24.3.1 together with any property or any right over property that is not included within this lease;
(b) 24.3.2 at a fine or premium or reverse premium; nor
(c) 24.3.3 allowing any rent free period to the undertenantundertenant that exceeds the period as is then usual in the open market in respect of such a letting.
15.4 24.4 The Tenant shall not underlet any the Property or a Permitted Part unless, before the underlease is granted, the Tenant has given the Landlord:
(a) 24.4.1 a certified copy of the notice served on the undertenant, as required by section 38A(3)(a) of the LTA 1954, applying to the tenancy to be created by the underlease; and
(b) 24.4.2 a certified copy of the declaration or statutory declaration made by the undertenant in accordance with the requirements of section 38A(3)(b) of the LTA 1954.
15.5 24.5 Any underletting by the Tenant shall be by deed and shall include:
(a) 24.5.1 an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 are excluded from applying to the tenancy created by the underlease;
24.5.2 the reservation of a rent which is not less than the open market rental value of the Property (bor, if the underletting is of a Permitted Part only, the open market rental value of that Permitted Part) at the date the Property or Permitted Part is underlet and which is payable at the same times as the Annual Rent under this lease (but this shall not prevent an underlease providing for a rent-free period of a length permitted by clause 24.3.3);
24.5.3 provisions for the review of rent at the same dates and on the same basis as the review of rent in this lease, unless the term of the underlease does not extend beyond the next Review Date;
24.5.4 a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this lease, except the covenants to pay the rents reserved by this lease;
24.5.5 a covenant by the undertenant (enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right):
24.5.5.1 not to assign, underlet or charge the whole of the underlease without the consent of the Landlord (which shall not be unreasonably withheld); and
24.5.5.2 not to underlet any part of the underlease or the Property or Permitted Part, nor to assign or charge part only of the underlease or the Property or Permitted Part, or to hold the underlease on trust for any person (c) except pending registration of a dealing permitted by the underlease at HM Land Registry or by reason only of joint legal ownership); and
24.5.5.3 not to permit its underlessee to underlet, part with or share possession or share occupation of the whole or any part of its underlease or the Property or Permitted Part, nor to assign or charge part only of its underlease or the Property or Permitted Part, or to hold its underlease on trust for any person (except pending registration of a dealing permitted by the underlease at HM Land Registry or by reason only of joint legal ownership); and
24.5.6 provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
(d) a covenant by the undertenant to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted Part, and shall otherwise be consistent with and include tenant covenants no less onerous (other than as to the Annual Rent) than those in this lease and in a form approved by the Landlord, such approval not to be unreasonably withheldwithheld or delayed.
15.6 24.6 In relation to any underlease granted by the Tenant, the Tenant shall:
(a) 24.6.1 not vary the terms of the underlease nor accept a surrender of the underlease without the consent of the Landlord, such consent not to be unreasonably withheld;andwithheld or delayed;
(b) 24.6.2 enforce the tenant covenants in the underlease and not waive any of themthem nor allow any reduction in the rent payable under the underlease; and
24.6.3 ensure that in relation to any rent review the revised rent is not agreed without the approval of the Landlord, such approval not to be unreasonably withheld or delayed.
24.7 Any underlease must not include the grant of the Option or any similar provision.
Appears in 1 contract
Samples: Lease Agreement (Vaccitech PLC)
UNDERLETTINGS. 15.1 14.3.1 The Tenant shall not underlet or agree to underlet any Permitted Part part of the Premises (as opposed to the whole).
14.3.2 The Tenant shall not underlet the whole of the Premises, except in accordance with this the remainder of clause nor without 14.3 and with clauses 14.4 and 14.5 and then only with the consent of the Landlord, such consent not to be unreasonably withheldwithheld or delayed.
15.2 14.3.3 The Tenant shall not underlet the whole Premises without first obtaining from the undertenant a covenant by the undertenant with the Landlord to comply with the terms of this Lease on the part of the Propertytenant, other than as to the payment of any Rent or other sums reserved as rent by this Lease, and to comply with the obligations on the undertenant in the underlease (and any document which is supplemental or collateral to the underlease) throughout the term of the underlease or until the undertenant is released by virtue of the Landlord and Tenant (Covenants) Xxx 0000, if sooner.
15.3 14.3.4 Any underlease shall be granted at the then full open market rental value of the Premises (but this will not prevent an underlease providing for a rent free period of a length as is then usual in the open market in respect of such a letting), and without a fine or premium and with the underlease rent payable not more than one quarter in advance.
14.3.5 The Tenant shall not underlet any Permitted Partgrant an underlease unless:
(a) together with any property or any right over property that is not included within this lease;
(b) at a fine or premium or reverse premium; nor
(c) allowing any rent free period to the undertenant.
15.4 The Tenant shall not underlet any Permitted Part unless, before the earlier of the undertenant entering into the underlease is grantedand the undertenant becoming contractually bound to do so, the Tenant has given the Landlord:
(a) served a certified copy of the notice served on the undertenant and the undertenant (or a person duly authorised by the undertenant) has made a statutory declaration, as required by section 38A(3)(a) of the LTA 1954, applying such notice and statutory declaration to relate to the tenancy to be created by the underleaseunderlease and to comply with section 38A of the Landlord and Xxxxxx Xxx 0000 and the relevant schedules of the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003; and
(b) the Tenant has supplied the Landlord with a certified copy of the declaration or notice and statutory declaration made referred to in clause 14.3.5(a).
14.3.6 The Tenant shall not grant any underlease for a term which will expire by effluxion of time later than three clear days before the date the contractual term granted by this deed will expire by effluxion of time.
14.3.7 The Tenant shall not enter into any collateral deed nor give any side letter varying or relieving the undertenant from any terms required by clause 14.3 or clause 14.4 to be contained in accordance with the requirements of section 38A(3)(b) of the LTA 1954.
15.5 Any underletting by the Tenant shall be by deed and shall include:
(a) an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 are excluded from applying to the tenancy created by the underlease;
(b) a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this lease, except the covenants to pay the rents reserved by this lease; and
(c) provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
(d) a covenant by the undertenant to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted Part, and shall otherwise be consistent with and include tenant covenants no less onerous than those in this lease and in a form approved by the Landlord, such approval not to be unreasonably withheld.
15.6 In relation to any underlease granted by the Tenant, the Tenant shall:
(a) not vary the terms of the underlease nor accept a surrender of the underlease without the consent of the Landlord, such consent not to be unreasonably withheld;and
(b) enforce the tenant covenants in the underlease and not waive any of them.
Appears in 1 contract
UNDERLETTINGS. 15.1 18.1 The Tenant shall not underlet any Permitted Part the whole or part of the Property except in accordance with this clause nor without the consent of the Landlord, such consent not to be unreasonably withheld.
15.2 18.2 The Tenant shall not underlet the whole or any part of the Property.
15.3 The Tenant shall not underlet any Permitted Part:
(a) together with any property or any right over property that is not included within this lease;
(b) at a fine or premium or reverse premium; nor
(c) allowing any rent free period to the undertenant.undertenant that exceeds the period as is then usual in the open market in respect of such a letting
15.4 18.3 In relation to an underlease of part of the Property, the Tenant shall not underlet an area of less than 5,000 square feet
18.4 The Tenant shall not underlet the whole or any Permitted Part part of the Property unless, before the underlease is granted, the Tenant has given the Landlord:
(a) a certified copy of the notice served on the undertenant, as required by section 38A(3)(a) of the LTA 19541954 Act, applying to the tenancy to be created by the underlease; and
(b) a certified copy of the declaration or statutory declaration made by the undertenant in accordance with the requirements of section 38A(3)(b) of the LTA 19541954 Act.
15.5 18.5 Any underletting by the Tenant shall be by deed and shall include:
(a) an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 Act are excluded from applying to the tenancy created by the underlease;
(b) the reservation of a rent which is not less than the full open market rental value of the Property or the relevant part thereof at the date the underletting and which is payable at the same times as the Annual Rent under this lease (but this shall not prevent an underlease providing for a rent free period of a length permitted by clause 18.2(c);
(c) provisions for the review of rent at the same dates and on the same basis as the review of rent in this lease, unless the term of the underlease does not extend beyond the next Review Date;
(d) a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this lease, except the covenants to pay the rents reserved by this lease; and
(ce) provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
(d) a covenant by the undertenant to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted Part, and shall otherwise be consistent with and include tenant covenants no less onerous (other than as to the Annual Rent) than those in this lease lease, and be in a form approved by the Landlord, such approval not to be unreasonably withheldwithheld or delayed.
15.6 18.6 In relation to any underlease granted by the Tenant, the Tenant shall:
(a) not vary the terms of the underlease nor accept a surrender of the underlease without the consent of the Landlord, such consent not to be unreasonably withheld;andwithheld;
(b) enforce the tenant covenants in the underlease and not waive any of themthem nor allow any reduction in the rent payable under the underlease; and
(c) ensure that in relation to any rent review the revised rent is not agreed without the approval of the Landlord, such approval not to be unreasonably withheld.
Appears in 1 contract
Samples: Contract for the Sale of Freehold Land and Building (Mitel Networks Corp)
UNDERLETTINGS. 15.1 16.1 The Tenant shall not underlet any Permitted Part the whole of the Property except in accordance with this clause 16 nor without the consent of the Landlord, such consent not to be unreasonably withheld.
15.2 16.2 The Tenant shall not underlet part only of the Property.
16.3 The Tenant shall not underlet the whole of the Property.
15.3 The Tenant shall not underlet any Permitted Part:
(a) together with any property or any right over property that is not included within this lease;
(b) at a fine or premium or reverse premium; norand
(c) allowing any rent free period to the undertenantundertenant that exceeds the period as is then usual in the open market in respect of such a letting.
15.4 16.4 The Tenant shall not underlet any Permitted Part the Property unless, before the underlease is granted, the Tenant has given the Landlord:
(a) a certified copy of the notice served on the undertenant, as required by section 38A(3)(a) of the LTA 1954, applying to the tenancy to be created by the underlease; and
(b) a certified copy of the declaration or statutory declaration made by the undertenant in accordance with the requirements of section 38A(3)(b) of the LTA 1954.
15.5 16.5 Any underletting by the Tenant shall be by deed and shall include:
(a) an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 are excluded from applying to the tenancy created by the underlease;
(b) the reservation of a rent which is not less than the rent from time to time passing under this lease and which is payable at the same times as the Annual Rent under this lease [(but this shall not prevent an underlease providing for a rent-free period of a length permitted by clause16(3)(c));
(c) a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this lease, except the covenants to pay the rents reserved by this lease; and
(cd) provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
(d) a covenant by the undertenant to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted Part, and shall otherwise be consistent with and include tenant covenants no less onerous (other than as to the Annual Rent) than those in this lease and in a form approved by the Landlord, such approval not to be unreasonably withheld.
15.6 16.6 In relation to any underlease granted by the Tenant, the Tenant shall:
(a) not vary the terms of the underlease nor accept a surrender of the underlease without the consent of the Landlord, such consent not to be unreasonably withheld;andwithheld; and
(b) enforce the tenant covenants in the underlease and not waive any of themthem nor allow any reduction in the rent payable under the underlease.
Appears in 1 contract
UNDERLETTINGS. 15.1 13.3.1 The Tenant shall not underlet or agree to underlet any Permitted Part part of the Premises (as opposed to the whole).
13.3.2 The Tenant shall not underlet the whole of the Premises, except in accordance with this the remainder of clause nor without 13.3 and with clause 13.4 and then only with the consent of the Landlord, such consent not to be unreasonably withheldwithheld or delayed.
15.2 13.3.3 The Tenant shall not underlet the whole Premises without first obtaining from the undertenant a covenant by the undertenant with the Landlord to comply with the obligations on the undertenant in the underlease (and any document which is supplemental or collateral to the underlease) throughout the term of the Propertyunderlease or until the undertenant is released by virtue of the Landlord and Tenant (Covenants) Xxx 0000, if sooner.
15.3 13.3.4 Any underlease shall be granted at a rent which is not less than the then full open market rental value of the Premises (but this will not prevent an underlease providing for a rentfree period of a length as is then usual in the open market in respect of such a letting), and without a fine or premium and with the underlease rent payable not more than one quarter in advance.
13.3.5 The Tenant shall not underlet any Permitted Partgrant an underlease unless:
(a) together with any property or any right over property that is not included within this lease;
(b) at a fine or premium or reverse premium; nor
(c) allowing any rent free period to the undertenant.
15.4 The Tenant shall not underlet any Permitted Part unless, before the earlier of the undertenant entering into the underlease is grantedand the undertenant becoming contractually bound to do so, the Tenant has given the Landlord:
(a) served a certified copy of the notice served on the undertenant and the undertenant (or a person duly authorised by the undertenant) has made a statutory declaration, as required by section 38A(3)(a) of the LTA 1954, applying such notice and statutory declaration to relate to the tenancy to be created by the underleaseunderlease and to comply with section 38A of the Landlord and Xxxxxx Xxx 0000 and the relevant schedules of the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003; and
(b) the Tenant has supplied the Landlord with a certified copy of the declaration or notice and statutory declaration made referred to in clause 14.3.5(a).
13.3.6 The Tenant shall not grant any underlease for a term which will expire by effluxion of time later than three clear days before the date the contractual term granted by this deed will expire by effluxion of time.
13.3.7 The Tenant shall not enter into any collateral deed nor give any side letter varying or relieving the undertenant from any terms required by clause 13.3 or 13.4 to be contained in accordance with the requirements of section 38A(3)(b) of the LTA 1954.
15.5 Any underletting by the Tenant shall be by deed and shall include:
(a) an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 are excluded from applying to the tenancy created by the underlease;
(b) a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this lease, except the covenants to pay the rents reserved by this lease; and
(c) provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
(d) a covenant by the undertenant to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted Part, and shall otherwise be consistent with and include tenant covenants no less onerous than those in this lease and in a form approved by the Landlord, such approval not to be unreasonably withheld.
15.6 In relation to any underlease granted by the Tenant, the Tenant shall:
(a) not vary the terms of the underlease nor accept a surrender of the underlease without the consent of the Landlord, such consent not to be unreasonably withheld;and
(b) enforce the tenant covenants in the underlease and not waive any of them.
Appears in 1 contract
Samples: Lease (GAIN Capital Holdings, Inc.)
UNDERLETTINGS. 15.1
13.3.1 The Tenant shall not underlet or agree to underlet any Permitted Part part of the Premises (as opposed to the whole).
13.3.2 The Tenant shall not underlet the whole of the Premises, except in accordance with this the remainder of clause nor without 13.3 and with clause 13.4 and then only with the consent of the Landlord, such consent not to be unreasonably withheldwithheld or delayed.
15.2 13.3.3 The Tenant shall not underlet the whole Premises without first obtaining from the undertenant a covenant by the undertenant with the Landlord to comply with the obligations on the undertenant in the underlease (and any document which is supplemental or collateral to the underlease) throughout the term of the Propertyunderlease or until the undertenant is released by virtue of the Landlord and Tenant (Covenants) Xxx 0000, if sooner.
13.3.4 Any underlease shall be granted at a rent which is not less than the then full open market rental value of the Premises (but this will not prevent an underlease providing for a rent-free period of a length as is then usual in the open market in respect of such a letting) and without a fine or premium and with the underlease rent payable not more than one quarter in advance.
15.3 13.3.5 The Tenant shall not underlet any Permitted Part:grant an underlease unless:
(a) together with any property or any right over property that is not included within this lease;
(b) at a fine or premium or reverse premium; nor
(c) allowing any rent free period to the undertenant.
15.4 The Tenant shall not underlet any Permitted Part unless, before the earlier of the undertenant entering into the underlease is grantedand the undertenant becoming contractually bound to do so, the Tenant has given the Landlord:
(a) served a certified copy of the notice served on the undertenant and the undertenant (or a person duly authorised by the undertenant) has made a statutory declaration, as required by section 38A(3)(a) of the LTA 1954, applying such notice and statutory declaration to relate to the tenancy to be created by the underleaseunderlease and to comply with section 38A of the Landlord and Xxxxxx Xxx 0000 and the relevant schedules of the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003; and
(b) the Tenant has supplied the Landlord with a certified copy of the declaration or notice and statutory declaration made referred to in clause 13.3.5(a).
13.3.6 The Tenant shall not grant any underlease for a term which will expire by effluxion of time later than three clear days before the date the contractual term granted by this deed will expire by effluxion of time.
13.3.7 The Tenant shall not enter into any collateral deed nor give any side letter varying or relieving the undertenant from any terms required by clause 13.3 or clause 13.4 to be contained in accordance with the requirements of section 38A(3)(b) of the LTA 1954.
15.5 Any underletting by the Tenant shall be by deed and shall include:
(a) an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 are excluded from applying to the tenancy created by the underlease;
(b) a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this lease, except the covenants to pay the rents reserved by this lease; and
(c) provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
(d) a covenant by the undertenant to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted Part, and shall otherwise be consistent with and include tenant covenants no less onerous than those in this lease and in a form approved by the Landlord, such approval not to be unreasonably withheld.
15.6 In relation to any underlease granted by the Tenant, the Tenant shall:
(a) not vary the terms of the underlease nor accept a surrender of the underlease without the consent of the Landlord, such consent not to be unreasonably withheld;and
(b) enforce the tenant covenants in the underlease and not waive any of them.
Appears in 1 contract
Samples: Lease Agreement
UNDERLETTINGS. 15.1 14.3.1 The Tenant shall not underlet or agree to underlet any part of the Premises (as opposed to the whole) except by way of an underlease of a Permitted Part in accordance with this Lease.
14.3.2 The Tenant shall not underlet the whole of the Premises or a Permitted Part, except in accordance with this the remainder of clause nor without 14.3 and with clauses 14.4 and 14.5 and then only with the consent of the Landlord, such consent not to be unreasonably withheldwithheld or delayed.
15.2 14.3.3 The Tenant shall not underlet the whole Premises or a Permitted Part without first obtaining from the undertenant a covenant by the undertenant with the Landlord to comply with the terms of this Lease on the part of the Propertytenant (in the case of an underletting of a Permitted Part so far as they apply to that Permitted Part), other than as to the payment of any Rent or other sums reserved as rent by this Lease, and to comply with the obligations on the undertenant in the underlease (and any document which is supplemental or collateral to the underlease) throughout the term of the underlease or until the undertenant is released by virtue of the Landlord and Tenant (Covenants) Acx 0000, if sooner.
15.3 14.3.4 Any underlease shall be granted at the then full open market rental value of the Premises or Permitted Part (as the case may be) (but this will not prevent an underlease providing for a rent-free period of a length as is then usual in the open market in respect of such a letting), and without a fine or premium and with the underlease rent payable not more than one quarter in advance.
14.3.5 The Tenant shall not underlet any Permitted Partgrant an underlease unless:
(a) together with any property or any right over property that is not included within this lease;
(b) at a fine or premium or reverse premium; nor
(c) allowing any rent free period to the undertenant.
15.4 The Tenant shall not underlet any Permitted Part unless, before the earlier of the undertenant entering into the underlease is grantedand the undertenant becoming contractually bound to do so, the Tenant has given the Landlord:
(a) served a certified copy of the notice served on the undertenant and the undertenant (or a person duly authorised by the undertenant) has made a statutory declaration, as required by section 38A(3)(a) of the LTA 1954, applying such notice and statutory declaration to relate to the tenancy to be created by the underleaseunderlease and to comply with section 38A of the Landlord and Texxxx Xxx 0000 xnd the relevant schedules of the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003; and
(b) the Tenant has supplied the Landlord with a certified copy of the declaration or notice and statutory declaration made referred to in clause 14.3.5(a).
14.3.6 The Tenant shall not grant any underlease for a term which will expire by effluxion of time later than three clear days before the date the contractual term granted by this deed will expire by effluxion of time.
14.3.7 The Tenant shall not enter into any collateral deed nor give any side letter varying or relieving the undertenant from any terms required by clause 14.3 or clause 14.4 to be contained in accordance with the requirements of section 38A(3)(b) of the LTA 1954.
15.5 Any underletting by the Tenant shall be by deed and shall include:
(a) an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 are excluded from applying to the tenancy created by the underlease;
(b) a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this lease, except the covenants to pay the rents reserved by this lease; and
(c) provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
(d) a covenant by the undertenant to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted Part, and shall otherwise be consistent with and include tenant covenants no less onerous than those in this lease and in a form approved by the Landlord, such approval not to be unreasonably withheld.
15.6 In relation to any underlease granted by the Tenant, the Tenant shall:
(a) not vary the terms of the underlease nor accept a surrender of the underlease without the consent of the Landlord, such consent not to be unreasonably withheld;and
(b) enforce the tenant covenants in the underlease and not waive any of them.
Appears in 1 contract
Samples: Lease (Cra International, Inc.)
UNDERLETTINGS. 15.1 The Tenant shall not underlet any Permitted Part the whole of the Property except in accordance with this clause nor without the consent of the Landlord, such consent not to be unreasonably withheld.
15.2 . The Tenant shall not underlet part only of the Property. The Tenant shall not underlet the whole of the Property.
15.3 The Tenant shall not underlet any Permitted Part:
(a) : together with any property or any right over property that is not included within this lease;
(b) ; nor at a fine or premium or reverse premium; nor
(c) allowing any rent free period to the undertenant.
15.4 . The Tenant shall not underlet any Permitted Part the Property unless, before the underlease is granted, the Tenant has given the Landlord:
(a) : a certified copy of the notice served on the undertenant, as required by section 38A(3)(a) of the LTA 1954, applying to the tenancy to be created by the underlease; and
(b) and a certified copy of the declaration or statutory declaration made by the undertenant in accordance with the requirements of section 38A(3)(b) of the LTA 1954.
15.5 . Any underletting by the Tenant shall be by deed and shall include:
(a) : an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 are excluded from applying to the tenancy created by the underlease;
(b) ; the reservation of a rent which is not less than the full open market rental value of the Property at the date the Property is underlet and which is payable at the same times as the Annual Rent under this lease; provisions for the review of rent at the same dates and on the same basis as the review of rent in this lease, unless the term of the underlease does not extend beyond the next Review Date; a covenant by the undertenant not to underlet the whole or part of the Property; a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this lease, except the covenants to pay the rents reserved by this lease; and
(c) provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
and provisions that allow the Tenant (d) a covenant by as the undertenant to comply with the terms landlord of the Community Use and Management Agreement so far underlease) to terminate the underlease no later than the Break Date (as they are relevant to the Permitted Partdefined in clause 44 of this Lease), and shall otherwise be consistent with and include tenant covenants no less onerous (other than as to the Annual Rent) than those in this lease and in a form approved by the Landlord, such approval not to be unreasonably withheld.
15.6 lease. In relation to any underlease granted by the Tenant, the Tenant shall:
(a) : not vary the terms of the underlease nor accept a surrender of the underlease Underlease without the consent of the Landlord, such consent not to be unreasonably withheld;and
(b) withheld or delayed; use all reasonable endeavours to enforce the tenant covenants in the underlease and not waive any of themthem nor allow any reduction in the rent payable under the underlease; and ensure that in relation to any rent review the revised rent is not agreed without the approval of the Landlord, such approval not to be unreasonably withheld. Sharing occupation The Tenant shall not hold the Property on trust for another or part with the possession of the whole or any part of the Property or permit another to occupy the whole or any part of the Property.
Appears in 1 contract
Samples: Lease
UNDERLETTINGS. 15.1 24.1 Without prejudice to the generality of this clause 24, for as long as the Previous Lease subsists not to underlet the whole of this lease unless at the same time to the same person the Previous Lease is underlet in accordance with the terms of that lease.
24.2 The Tenant shall not underlet any the whole or a Permitted Part of the Property except in accordance with this clause nor without the consent of the Landlord, such consent not to be unreasonably withheldwithheld or delayed.
15.2 24.3 The Tenant shall not underlet part only of the Property, save for a Permitted Part in accordance and subject to the conditions set out in this clause 24.
24.4 The Tenant shall not underlet the whole of the Property.
15.3 The Tenant shall not underlet any Property or a Permitted Part:
(a) 24.4.1 together with any property or any right over property that is not included within this lease;;
(b) 24.4.2 at a fine or premium premium’ or reverse premium; nor
(c) 24.4.3 allowing any rent free period to the undertenantundertenant that exceeds the period as is then usual in the open market in respect of such a letting.
15.4 24.5 The Tenant shall not underlet any the Property or a Permitted Part unless, before the underlease is granted, the Tenant has given the Landlord:
(a) 24.5.1 a certified copy of the notice served on the undertenant, as required by section 38A(3)(a) of the LTA 1954, applying to the tenancy to be created by the underlease; and
(b) 24.5.2 a certified copy of the declaration or statutory declaration made by the undertenant in accordance with the requirements of section 38A(3)(b) of the LTA 1954.
15.5 24.6 Any underletting by the Tenant shall be by deed and shall include:
(a) 24.6.1 an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 are excluded from applying to the tenancy created by the underlease;
24.6.2 the reservation of a rent which is not less than the open market rental value of the Property (bor, if the underletting is of a Permitted Part only, the open market rental value of that Permitted Part) at the date the Property or Permitted Part is underlet and which is payable at the same times as the Annua! Rent under this lease (but this shall not prevent an underlease providing for a rent-free period of a length permitted by clause 24.4.3);
24.6.3 provisions for the review of rent at the same dates and on the same basis as the review of rent in this lease, unless the term of the underlease does not extend beyond the next Review Date;
24.6.4 a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this lease, except the covenants to pay the rents reserved by this lease; and;
(c) provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
(d) 24.6.5 a covenant by the undertenant (enforceable by and expressed to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted Part, and shall otherwise be consistent with and include tenant covenants no less onerous than those in this lease and in a form approved enforceable by the Landlord, such approval Landlord (as superior landlord at the date of grant) and its successors in title in their own right):
24.6.5.1 not to be unreasonably withheld.
15.6 In relation to any underlease granted by assign, underlet or charge the Tenant, the Tenant shall:
(a) not vary the terms of the underlease nor accept a surrender whole of the underlease without the consent of the Landlord, such consent landlord (which shall not to be unreasonably withheld;and
(b) enforce the tenant covenants in the underlease and not waive any of them.withheld); and
Appears in 1 contract
Samples: Lease Agreement (Vaccitech PLC)
UNDERLETTINGS. 15.1 20.1 The Tenant shall not underlet any the whole of the Property nor a Permitted Part except in accordance with this clause nor without the consent of the Landlord, such consent not to be unreasonably withheldwithheld or delayed.
15.2 20.2 The Tenant shall not underlet part only of the Property other than a Permitted Part and then only on the terms of this clause.
20.3 The Tenant shall not underlet the whole of the Property.
15.3 The Tenant shall not underlet any Property or a Permitted Part:
(a) together with any property or any right over property that is not included within this lease;
(b) at a fine or premium or reverse premium; nor
(c) allowing any rent free period to the undertenantundertenant that exceeds the period as is then usual in the open market in respect of such a letting.
15.4 20.4 The Tenant shall not underlet any the Property or a Permitted Part unless, before the underlease is granted, the Tenant has given the Landlord:
(a) a certified copy of the notice served on the undertenant, as required by section 38A(3)(a) of the LTA 1954, applying to the tenancy to be created by the underlease; and
(b) a certified copy of the declaration or statutory declaration made by the undertenant in accordance with the requirements of section 38A(3)(b) of the LTA 1954.
15.5 20.5 Any underletting by the Tenant shall be by deed and shall include:
(a) an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 are excluded from applying to the tenancy created by the underlease;
(b) the reservation of a rent which is not less than the full open market rental value of the Property (or Permitted Part) as the case may be at the date the Property (or Permitted Part) as the case may be is underlet and which is payable at the same times as the Annual Rent under this lease (but this shall not prevent an underlease providing for a rent-free period of a length permitted by clause 19.3(c));
(c) provisions for the review of rent at the same dates and on the same basis as the review of rent in this lease, unless the term of the underlease does not extend beyond the next Review Date;
(d) a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this leaselease (in so far as they relate to the underlet property), except the covenants to pay the rents reserved by this lease; and;
(ce) provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
(df) in the case of underletting of a covenant by Permitted Part, appropriate tenant covenants requiring the undertenant to comply pay an appropriate proportion of:
(i) the costs of the insurance of the property demised by the lease; and
(ii) the repair, maintenance and decoration of any property which does not form part of the underlet property in a form first approved by the Landlord (such approval not to unreasonably withheld or delayed); and
(iii) rates, taxes and other impositions payable in respect of the property demised by the lease; and
(iv) all costs in connection with the terms supply and removal of electricity, gas water, sewage, telecommunications, data and other services and utilities to or from the Community Use and Management Agreement so far as they are relevant to the Permitted Partproperty demised by this lease, and shall otherwise be consistent with and include tenant covenants (in so far as they relate to the underlet property) no less onerous (other than as to the Annual Rent) than those in this lease and in a form approved by the Landlord, such approval not to be unreasonably withheldwithheld and which shall prohibit any further sub-underletting of any sort.
15.6 20.6 In relation to any underlease granted by the Tenant, the Tenant shall:
(a) not vary the terms of the underlease nor accept a surrender of the underlease without the consent of the Landlord, such consent not to be unreasonably withheld;andwithheld;
(b) enforce the tenant covenants in the underlease and not waive any of themthem nor allow any reduction in the rent payable under the underlease; and
(c) ensure that in relation to any rent review the revised rent is not agreed without the approval of the Landlord, such approval not to be unreasonably withheld.
20.7 In relation to any underlease of a Permitted Part the following conditions must be satisfied:
(a) no more than two separate occupations (including the occupation of the Tenant itself) shall subsist at any one time;
(b) the Tenant shall remain an occupational tenant of the remainder of the Property at all times; and
(c) the part intended to be underlet and the remainder of the Property shall in each case be self-contained and capable of separate use and occupation.
Appears in 1 contract
