Common use of Uninsured Damage Clause in Contracts

Uninsured Damage. The following provisions apply in the event of Uninsured Damage: 7.1 Within six (6) months following any Uninsured Damage occurring the Landlord will give written notice to the Tenant (an “Election Notice”) stating whether or not it proposes to rebuild or reinstate the Building, the Premises and the External Areas which has been the subject of the Uninsured Damage. 7.2 If the Election Notice states that the Landlord proposes to rebuild or reinstate the Premises and the External Areas then for the purposes of this Lease the Uninsured Damage shall be deemed to have been damage by Insured Risks, and the provisions of paragraphs 3 and 5.1 will apply and in such circumstances the Landlord will use its own moneys in the place of the insurance proceeds to effect such rebuilding or reinstatement; 7.3 If the Election Notices states that the Landlord does not propose to rebuild or reinstate the Premises and/or the External Areas or if no Election Notice is served strictly within the period of six months referred to in paragraph 7.1 then the Tenant may at any time after service of the Election Notice or the expiry of such six month period (as the case may be), give written notice to the Landlord to determine the Term with immediate effect and the provisions of paragraph 5.3 shall apply. 7.4 The Yearly Rent and Service Charge (or a fair proportion of them according to the nature and extent of the damage) ceases to be payable from the date of occurrence of the Uninsured Damage until the earlier of the termination of the Lease pursuant to Clause 7.3 and the date on which the Premises are again fit for occupation and use and accessible. 1. Upwards only rent review 1.1 the Yearly Rent reserved by this Lease immediately prior to the Review Date; and 1.2 the Open Market Rent agreed or in default of agreement determined in accordance with this schedule,

Uninsured Damage. The following provisions apply in 27.1 If the event of Property or the Building suffers Uninsured DamageDamage so that the Property is wholly or partially unfit for occupation and use or inaccessible, the Landlord may give the Tenant notice under clause 27.2 unless either: 7.1 Within six (6a) months following any the Tenant has given a notice in accordance with clause 27.6; or (b) the Uninsured Damage occurring has been made good. 27.2 The notice referred to in clause 27.1 is either: (a) that the Landlord intends to reinstate the Property and means of access at its own cost (a “Rebuilding Notice”); or (b) to end the Tenancy (a “Landlord’s Termination Notice”). 27.3 If the Landlord gives a Rebuilding Notice: (a) the Landlord will (subject to obtaining all necessary planning and other consents, licences and approvals) do any necessary work of reinstatement to the premises referred to in the Rebuilding Notice at its own cost as soon as reasonably practicable; (b) the Landlord may reinstate with any changes required to comply with any planning consents or to reflect modern building practice or otherwise reasonably required by it, so long as the accommodation and facilities provided for the Tenant are reasonably equivalent to those granted by this Lease. 27.4 With effect from the date of the damage or destruction by the Uninsured Damage so that the Property is wholly or partially unfit for occupation and use or inaccessible, clause 24 will apply to the relevant Uninsured Damage as if the words “to the extent only that such loss of Principal Rent and Service Charge is recoverable under Insurance against Loss of Rent” were deleted. 27.5 The Landlord may give written the Tenant notice to end the Tenant Tenancy (an a “Election Landlord’s Frustration Notice”) stating whether if, at any time after giving a Rebuilding Notice, reinstatement of the Uninsured Damage to the premises referred to in the Rebuilding Notice or not it proposes to rebuild any other part or reinstate parts of the BuildingBuilding is made impossible by causes beyond the Landlord’s control. 27.6 At any time during the period starting 12 months after the date the Property suffers Uninsured Damage so that the Property is wholly or partially unfit for occupation and use or inaccessible and ending 18 months after the date the Property suffers such Uninsured Damage, the Premises and Tenant may give the External Areas which Landlord notice to end the Tenancy (a “Tenant’s Termination Notice”) unless either: (a) the Landlord has given a notice in accordance with clause 27.1; or (b) the Uninsured Damage has been made good. 27.7 On giving a Landlord’s Termination Notice, a Landlord’s Frustration Notice or a Tenant’s Termination Notice, the subject Tenancy will end. This will not affect any outstanding liabilities of any party to any other party but the Tenant will not be liable to repair the Property as a result of the damage by the Uninsured Damage. 7.2 27.8 If the Election Landlord gives a Rebuilding Notice states that but the Landlord proposes to rebuild or reinstate the Premises and the External Areas then for the purposes of this Lease the Uninsured Damage shall be deemed to have been damage by Insured Risks, and the provisions of paragraphs 3 and 5.1 will apply and in such circumstances the Landlord will use its own moneys in the place of the insurance proceeds to effect such rebuilding or reinstatement; 7.3 If the Election Notices states that the Landlord does Property is not propose to rebuild or reinstate the Premises and/or the External Areas or if no Election Notice is served strictly within the period of six months referred to in paragraph 7.1 then the Tenant may at any time after service of the Election Notice or the expiry of such six month period (as the case may be), give written notice to the Landlord to determine the Term with immediate effect and the provisions of paragraph 5.3 shall apply. 7.4 The Yearly Rent and Service Charge (or a fair proportion of them according to the nature and extent of the damage) ceases to be payable from the date of occurrence of the Uninsured Damage until the earlier of the termination of the Lease pursuant to Clause 7.3 and the date on which the Premises are again fit for occupation and use and accessibleaccessible within three years of the date of the Rebuilding Notice, the Tenant may give the Landlord at least three months’ notice to end the Tenancy. 127.9 On expiry of the notice referred to in clause 27.8, the Tenancy will end. Upwards only rent reviewThis will not affect any outstanding liabilities of any party to any other party unless the Property has been made fit for occupation and use and accessible before the expiry of the notice. In this case, the notice will have no effect. 1.1 27.10 If the Yearly Rent reserved Tenancy ends under this clause 27, the Landlord will be entitled to keep all insurance money received or receivable under any Insurance policies for its own benefit. 27.11 Any dispute as to whether damage is Uninsured Damage will be referred to arbitration under the Arbitration Act then in force. The arbitrator will be appointed (failing agreement between the parties) by this Lease immediately prior to or on behalf of the Review Date; and 1.2 then President of the Open Market Rent agreed or in default Royal Institution of agreement determined in accordance with this schedule,Chartered Surveyors on the application of either party. PART FIVE: SERVICE CHARGE

Uninsured Damage. The following provisions apply in the event of Uninsured Damage: 7.1 Within six (6) months following any Uninsured Damage occurring the Landlord will give written notice to the Tenant (an “Election Notice”) stating whether or not it proposes to rebuild or reinstate the Building, the Premises and the External Areas which has been the subject of the Uninsured Damage. 7.2 If the Election Notice states that the Landlord proposes to rebuild or reinstate the Premises and the External Areas then for the purposes of this Lease the Uninsured Damage shall be deemed to have been damage by Insured Risks, and the provisions of paragraphs 3 and 5.1 will apply and in such circumstances the Landlord will use its own moneys in the place of the insurance proceeds to effect such rebuilding or reinstatement; 7.3 If the Election Notices states that the Landlord does not propose to rebuild or reinstate the Premises and/or the External Areas or if no Election Notice is served strictly within the period of six months referred to in paragraph 7.1 then the Tenant may at any time after service of the Election Notice or the expiry of such six month period (as the case may be), give written notice to the Landlord to determine the Term with immediate effect and the provisions of paragraph 5.3 shall apply. 7.4 The Yearly Rent and Service Charge (or a fair proportion of them according to the nature and extent of the damage) ceases to be payable from the date of occurrence of the Uninsured Damage until the earlier of the termination of the Lease pursuant to Clause 7.3 and the date on which the Premises are again fit for occupation and use and accessible.. Schedule 5 Rent Review Provisions 1. Upwards only rent reviewreview Until the Review Date the Yearly Rent will be the Initial Rent and thereafter during each successive Review Period the Yearly Rent will be whichever is the greater of: 1.1 the Yearly Rent reserved by this Lease immediately prior to the Review Date; and 1.2 the Open Market Rent agreed or in default of agreement determined in accordance with this schedule,