COPYRIGHT August 1995
Originated and distributed by and printed and
produced for the Real Estate Institute of N.S.W.
in whom exclusive copyright vests. WARNING
Unauthorized reproduction in whole or in part
is an infringement of Copyright.
FM00900
8/95
COMMERCIAL LEASE
SUITABLE FOR SMALL OFFICE BUILDINGS,
FACTORIES AND ANY SHOP PREMISES WHICH
ARE NOT THE SUBJECT OF THE RETAIL LEASES
ACT (1994) WHERE THE TERM OF LEASE
(INCLUDING THE PERIOD OF ANY OPTION)
DOES NOT EXCEED THREE YEARS.
THIS LEASE is made in duplicate on the 13th day of January,
1997 at Sydney in the State of New South Wales.
PARTIES BETWEEN PW SECURITIES PTY LTD ACN 001994252, LANDLORD, whose
agent is Vamamu Pty Limited, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇-▇, ▇ ▇▇▇▇▇▇
▇▇▇▇▇▇, ▇▇▇▇▇▇, T/A Raine & Tuorne Woollahra, ▇▇▇ ▇▇▇▇▇
▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ AND Brilliant Interactive Ideas
--17 The Colso, Manly
PREMISES The landlord leases the premises known as ▇▇▇▇▇ ▇, ▇▇▇▇▇
▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, including all
fixtures listed in the inventory which is signed by all
parties and attached as part of this lease.
USE The premises shall be used only as Commercial Offices.
RENT The rent shall be Forty Thousand and Seven Hundred Dollars,
$40,700.00, per annum commencing on the 13th day of January,
1997 and payable in advance by the tenant on the 13th day of
every month to the landlord/agent at his above address or at
any other reasonable place as he notifies in writing.
TERM The term of the lease shall be Two (2) years commencing on the
13th day of January, 1997 and ending on the 12th day of
January, 1999.
OPTION Subject to Condition 32 of this lease the landlord offers a
renewal of this lease for a further term of one year.
HOLDING Unless either party gives the other written notice at least
OVER one month before the end of the term that vacant possession
shall be given on that day, the lease shall continue as a
periodic lease from month to month at the same rent or at a
rent which both parties agree to.
INCREASES The tenant's percentage of increases in rates, taxes and
insurance premiums to be paid in accordance with Condition 17
is 16.27%.
BASE YEARS Municipal Rates: _______________, 1996
Water and Sewerage Rates: 1996 / 19_____
Land Tax: _______________, 1996
The Building has Replacement Insurance: 1996
INCREASES The amount of cover for public liability referred to in
Condition 4(b) is $5,000,000 (Five Million Dollars).
CONDITIONS The parties agree to the conditions set out above and on the
following pages and also to those conditions implied by
Sections 84 and 85 of the Conveyancing Act, 1919, which are
not expressly negatived or modified by this lease.
NOTE
It is advisable for the tenant to insure his own property and insure against
his liability for public risk as the occupier.
ISSUED BY THE REAL ESTATE INSTITUTE OF N.S.W.
PAGE 1
THE LANDLORD AGREES
Possession 1. To give possession of the premises to the tenant on the
day on which the term of the lease commences.
Condition 2. To ensure that the premises are in a reasonably fit
condition for use at the commencement of the lease.
Of Premises 3. To ensure that the external doors and windows contain
locks and catches in working order at the commencement of
the lease.
Security 4. (a) To insure the premises against damage arising from
Insurance fire, lightning and explosion and other hazards
(including earthquake, storm and tempest, water
damage, explosion, impact, aircraft, riots/civil
commotions and malicious damage).
(b) To insure for public liability covering all sums
which he shall become legally liable to pay as owner
and landlord for a minimum amount as noted on the
front page of this lease.
Use of 5. To allow the tenant to use and occupy the premises
Premises without unreasonable interference by the landlord or
his agent.
6. To pay council, water and sewerage rates and land tax
Rates and promptly.
Taxes 7. To provide the tenant with a stamped copy of the lease
signed by both parties as soon as practicable.
Lease Copy 8. To issue rent receipts showing the tenant's name, the
address of the premises, the amount received, the date of
payment and payment
Receipts the period for which the payment was made.
THE TENANT AGREES
Rent 9. To pay the rent promptly and in advance.
Consents 10. To obtain at his own expense all necessary consents that
may be required from municipal or shire or other
authorities to for Usecarry on his proposed business at
the premises (being the use for which the premises are
leased).
Charges 11. To pay all charges for gas, electricity and telephone and
any excess water, garbage or sanitary charges, relating
to the tenant's use of the premises.
Care of 12. To take care of the premises and to keep them in a clean
Premises condition, and in particular:
(a) To make no alterations or additions to the premises,
including the erection of any sign or antenna,
without the written consent of the landlord, such
consent shall not be unreasonably withheld in
consideration of the proposed use of the premises.
(b) To do no decorating that involves marking, defacing
or painting any part of the premises, without the
written consent of the landlord.
(c) To put nothing down any sink, toilet or drain likely
to cause obstruction or damage.
(d) To keep no animals or birds on the premises, without
the written consent of the landlord.
(e) To ensure that rubbish is not accumulated on the
premises and to cause all trade refuse to be removed
regularly in a manner acceptable to the landlord.
(f) To ensure that nothing is done that might prejudice
any insurance which the landlord has in relation to
the premises.
(g) To notify the landlord promptly of any loss, damage
or defect in the premises.
(h) To notify the landlord promptly of any infectious
disease, or the presence of rats, cockroaches or
Use and similar pests.
Occupation 13. Not to sleep or permit anyone to sleep on the premises
nor to hold or permit to be held any sale by auction
on the premises.
Rules and 14. To ensure that he, his employees, licensees and agents
Regulations observe, obey and perform the Rules and Regulations
forming part of this lease and such further Rules and
Regulations as the landlord may from time to time make
and communicate to the tenant (not being inconsistent
with this lease) for the safety care and cleanliness of
the premises and of the building.
Insurance 15. (a) To do nothing in the building or keep anything
therein that would increase the insurance premium
payable by the landlord on the building except
with the written consent of the landlord.
(b) To do nothing which would make any Insurance
Policy void.
(c) To insure all external fixed glass and window
frames for which the tenant is responsible.
(d) To pay all insurance premiums increased as a
result of his actions.
Indemnity 16. (a) To compensate and meet all claims of
(i) the landlord for the loss of or damage to
part or whole of the premises,
(ii) any person for the loss of or damage to his
personal property, and
(iii)any person for personal injury or death
as a result of any accident or neglect or a
deliberate or careless act on the premises
or a breach of any condition of the lease by
the tenant, his employees or agents or any
person present on the premises with the
consent of the tenant, his employees or
agents.
(b) In these circumstances the tenant shall meet all
claims whether they are made directly against him
or against the landlord. Any resultant repairs
to the premises or to any other parts of the
building shall be carried out at the expense of
the tenant by a builder approved by the landlord.
(DELETE CONDITION 17 OR 18 AS APPLICABLE)
Rates, Taxes 17. To reimburse the landlord immediately, when requested,
and Insurance for all increases in municipal or shire rates, water
Premiums and sewerage rates and land tax at the agreed percentage
above the amount payable in respect of the base years
noted on the front page of the lease, and all increases
in insurance premiums above the amount payable at the
commencement date of this lease, as are from time to time
payable by the landlord in respect of the land leased and
the improvements erected on it. Land tax for the purpose
of this condition shall be calculated on the basis that
the land hereby leased is the only land owned by the
landlord.
All amounts mentioned in this condition shall be deemed
to accrue from day to day and shall be apportioned in
respect of time accordingly.
BOTH PARTIES AGREE THAT
Unforeseen 19. If something happens so that the whole or a substantial
Event part can no longer be occupied, and the parties are in no
way responsible, then either party shall have the right
to terminate the lease, provided written notice is given
within fourteen days of the event.
Inspections 20. The landlord or his agent shall inspect the premises at
at the commencement of the lease and on its termination
and take note of their condition including state of
cleanliness, state of repair, and working order of
appliances.
PAGE 2
Repairs 21. (a) The tenant shall have repaired in a proper way any
damage to the premises resulting from neglect or a
deliberate or careless act or a breach of any
condition of the lease by the tenant or any person
on the premises with his consent.
(b) Except as in Condition 21 (a), the landlord shall
carry out without delay all reasonable repairs
necessary for the tenant's ordinary use and
occupation of the premises, having regard to the
condition of the premises at the commencement of the
lease.
Access 22. (a) The landlord shall respect the tenant's right to
privacy.
(b) The tenant shall allow access to the landlord and
his agent.
(i) when it is reasonable that they or either of
them should view the condition of the premises
or carry out repairs, or
(ii) to erect 'to let' signs and to show the
premises to intending tenants, after notice
terminating the lease has been given, or
(iii)to erect 'for sale' signs and to show the
premises to intending purchasers, after the
landlord has given the tenant notice of his
wish to sell.
(c) The landlord shall give the tenant reasonable notice
of the time and date for such access. As far as
possible it shall be convenient for both parties.
(d) The landlord may have access at any time with the
consent of the tenant or in the case of an
emergency.
Costs 23. (a) The tenant shall pay all reasonable costs relating
to the lease, including stamp duty.
(b) The landlord shall pay all other costs relating to
his management of the premises.
Statutes 24. Each party shall observe as applicable to himself all
relevant statutes, statutory regulations and by-laws
relating to health, safety, noise and other standards
with respect to the premises.
Notices 25. Any written notice required or authorised by the lease:
(a) Shall be served on the tenant personally, or by pre-
paid post to the premises, or by being left there in
the post box.
(b) Shall be served on the landlord by personal service
on him or his agent, or by pre-paid post to his or
his agent's address as shown in the lease or as
notified in writing, or by being left in the post
box at that address.
(c) Shall be deemed to be served on the second week day
after posting, where it is sent by pre-paid post.
(d) May take effect on any day of the month if it
relates to the termination of a periodic lease,
provided it gives the required length of notice.
Mitigation 26. Where there has been a breach of any of the conditions of
the lease by either party, the other party shall take all
reasonable steps to minimise any resultant loss or
damage.
Payment 27. (a) After a notice terminating the lease or demanding
after Notice immediate possession has been given, any acceptance
of or demand for rent or money by the landlord shall
not of itself be evidence of a new lease with the
tenant or alter the legal effect of the notice.
(b) Where the tenant unlawfully remains in possession
after the termination of the lease, the landlord
is entitled, in addition to any other claim, to
payments equal to the rent as compensation for the
use and occupation of the premises.
Disputes 28. In any dispute or proceeding between the parties, both
parties shall act reasonably and without delay and make
all admissions necessary to enable the real issues to be
decided.
Termination 29. (a) Where the lease has become a periodic lease from
month to month, either party may terminate it by
giving one months written notice.
(b) The landlord shall have the right to re-enter the
premises peacefully or to continue the lease as a
periodic lease from week to week:
(i) Where the tenant has failed to pay rent for a
period in excess of fourteen days, whether
formally demanded or not, or
(ii) Where the tenant has seriously or persistently
breached any of the conditions of the lease, or
(iii)Upon the tenant being declared bankrupt or
insolvent according to the law or making any
assignment for the benefit of creditors or
taking the benefit of any Act now or hereafter
to be in fore for the relief of bankrupts or
insolvents. (Section 85(l)(d) of the
Conveyancing Act, 1919, as amended, is hereby
varied accordingly.
(c) If the landlord intends to exercise his right to re-
enter, he shall serve the tenant with a written
notice stating the reason and demanding immediate
possession.
(d) If the landlord intends to exercise his right to
continue the lease as a periodic lease from week to
week, he shall serve the tenant with a written
notice stating the reason and informing the tenant
of the variation to the lease. Upon service of the
notice, the lease shall continue with all its
conditions, except for the Term and Holding Over
conditions, as a periodic lease from week to week
which may be terminated by one week's written notice
from either party.
(e) The landlord shall have the right to re-enter the
premises without giving notice, if he has reasonable
grounds to believe that they have been abandoned.
(f) The landlord shall have the right to terminate the
lease if the landlord has seriously or persistently
breached any of its conditions, he shall give the
landlord fourteen days' written notice, indicating
at the same time the nature of the breach.
(g) Any action by the landlord or tenant in accordance
with Conditions 29 (b), (c), (d), (e), or (f), shall
not affect any claim for damages in respect of a
breach of a condition of the lease.
(h) The tenant may remove his fixtures and shall remove
his signs provided that any damage or defacement
occasioned to any part of the premises in the course
of such removal shall be remedied by the tenant
immediately and at his own expense. If he fails to
do so the landlord may do so at the tenants'
expense.
(i) Upon the termination or determination of the lease
for any cause the tenant shall promptly and
peacefully give vacant possession of the premises in
the condition and state of repair required by
Conditions 12 and 21 (a) of the lease, and at the
same time hand over all keys.
PAGE 3
Parting with 30. (a) The tenant shall not assign or sub-let or part with
Possession possession of the premises or any part thereof
except with the written consent of the landlord.
(b) The landlord shall not withhold his consent
unreasonably, provided that the tenant gives him
fourteen days notice and the tenant pays any
reasonable expenses involved in the landlord giving
consent.
Cleaning 31. (a) The landlord will employ the caretaker or any other
person or persons he may think fit to clean all or
any of the offices or rooms in the building of which
the premises form part.
(b) The tenant will from time to time pay to the
landlord the sums demanded by him for cleaning the
premises and such sums shall be added to the rent
and be paid at the same time and in the same manner
as the rent and be recovered in the same manner as
the rent is recoverable.
(c) The landlord shall not be responsible to the tenant
for any loss of property from the premises however
occurring or for any damage done to the furniture or
other effects of any tenant by the caretaker or any
employees of the landlord or by any other person or
persons whomsoever.
Renewal 32. (a) The tenant shall give to the landlord or his agent
not more than six (6) months and not less than three
(3) months prior to the expiration of the term
granted in this lease notice in writing if he wishes
to take a renewal of the lease for the further term
offered. Provided he has duly and punctually paid
the rent and shall have duly performed and observed
on his part all the conditions and agreements
contained in this lease up to the
expiration of the term granted, then the landlord
will at the cost of the tenant grant to him the
further term at a rent which would at such time be
current market rental of the premises.
(b) In the event of any dispute between the landlord and
the tenant as to such rent the rent shall be
determined by the President of the Real Estate
Institute of New South Wales or his appointee. The
total rent is not to be less than the total rent
payable just prior to the expiration of this lease
and the lease shall be subject to all other
conditions as are contained in this lease with the
exception of the Option Condition. The costs of
such rental determination shall be borne in equal
shares by the parties unless otherwise agreed.
Interpretation 33. (a) The word 'agent' in context with 'landlord' includes
the landlord's estate agent or managing agent and
any other person authorised to act on behalf of the
landlord.
(b) The word 'landlord' includes the heirs, executors,
administrators and assigns of the landlord and where
the context permits includes the landlord's agent.
(c) The word 'tenant' includes the executors,
administrators and permitted assigns of the tenant.
(d) The word 'fixtures' includes fittings, furniture,
furnishings, appliances, plant machinery and
equipment.
(e) The word 'month' shall mean calendar month.
(f) Where the context permits, words expressed in the
singular include the plural and vice versa, words
expressed in the masculine gender include the
feminine, and words referring to a person include a
company.
(g) Where two or more tenants or landlords are parties,
the conditions of the lease shall bind them jointly
and individually.
(h) When this lease is signed by both parties and
witnessed, it is a deed at law from that time.
(i) Headings in the margin have been inserted to assist
the parties but they do not form a legal part of the
lease.
PAGE 4
SPECIAL CONDITIONS
Special conditions forming part of this lease are to be
signed by both parties and attached.
RULES AND REGULATIONS
1. No sign, advertisement or notice shall be inscribed or painted or
affixed on any part of the outside or the inside of the premises except
of such colour, size and style and in such place upon or in the building
as are approved in writing by the landlord. Upon request by the tenant,
interior signs on glass doors and on the directory tablets will be
provided for him and at his expense by the landlord.
2. The tenant shall not obstruct the entrance passages, halls, staircases,
or fire escapes of the premises or use them or any part of them for any
purpose other than for going in and out of the premises.
3. The tenant will not obstruct or interfere with the rights of other
tenants or in any way injure or annoy them or conflict with the
regulations of any public authority or with the terms of any insurance
policy upon the building or its contents.
4. The tenant shall not install or position any heavy equipment or article
without first obtaining the written consent of the landlord, which
consent may prescribe the maximum weight and the position in which such
heavy equipment or article may be placed or secured; the tenant shall
make good at his expense all damage caused to the building or any part
of it by the introduction, installation, presence or removal or any
heavy equipment or article of which the tenant has ownership, custody or
control. Before any safe or heavy article is moved into the building
due notice must be given to the landlord and the moving of it in and
about the building shall only be done under the supervision of the
landlord or his agent.
5. In the event of any emergency or other eventuality whereby the toilets
or washrooms on any floor are not available for use the landlord may
temporarily withdraw the right of exclusive use of all or any of toilet
or washroom areas and services not affected so as to ensure availability
of these facilities to all occupants of the building, and no rental
adjustment will be made during such temporary arrangements.
6. In carrying goods or furniture in the lifts priority shall at all times
be given to passenger traffic.
7. All doors and windows of the premises shall be securely fastened on all
occasions when the premises are left unoccupied. The landlord reserved
the right for this agents employees servants and workmen to enter and
fasten them if they are left unfastened or insecurely fastened.
PLEASE READ THIS LEASE THROUGH CAREFULLY BEFORE AND AFTER SIGNATURE
We hereby enter into this lease and agree to all its conditions
SIGNED BY THE LANDLORD
in the presence of ________________________
Name of Witness
________________________ _____________________
Signature of Witness Signature of Landlord
SIGNED BY THE TENANT
in the presence of ________________________
Name of Witness
________________________ ____________________
Signature of Witness Signature of Tenant
SIGNED BY THE GUARANTOR
in the presence of ________________________
Name of Witness
________________________ ______________________
Signature of Witness Signature of Guarantor
THE COMMON SEAL of THE COMMON SEAL of THE COMMON SEAL of
was hereunto affixed by was hereunto affixed by was hereunto affixed by
the authority of the the authority of the the authority of the
Board of Directors Board of Directors Board of Directors
and in the presence of: and in the presence of: and in the presence of:
______________________ _____________________ _______________________
Secretary Secretary Secretary
FORM OF SURRENDER OF LEASE
I, _________________________________________________________________________
proprietor of the lease do hereby in consideration of ______________________
_______________________________________________ surrender all my estate
therein to the landlord or the other present owner of the reversion thereon
expectant.
In witness I have hereto subscribed my name this ___________________ day of
____________________ 19________________
Signed_________________________________________
Accepted_______________________________________
PAGE 5
35.0 SECURITY DEPOSIT
(1) The Lessee shall give to the Lessor prior to the commencement of this
lease a Security Deposit to the Amount of Ten Thousand One Hundred
Seventy Five Dollars ($10,175.00) (herein called "the security deposit")
which shall be held by the Lessor as security for the punctual
performance of the Lessee's obligations.
(2) If the Lessee defaults in the payment of rent or in performing any other
obligation under the lease, the Lessor may appropriate the security
deposit towards its claim against the Lessee for rent and for damages
for breach of covenant.
(3) The Lessor may recover rent and damages for a breach of covenant without
being limited to the security deposit.
(4) The Lessor shall repay the Lessee the Security Deposit together with all
interest accrued on termination of this lease subject to the provisions
of this clause.
36.0 PERIODICAL PAYMENT
The lessee shall pay rental by way of periodical payment or as otherwise
instruct by the lessor or his managing agent.
37.0 PENALTY INTEREST
If any money payable by the Lessee under this lease is unpaid for fourteen
(14) days after it was due, the Lessee shall pay to the Lessor interest at
the rate of 20.0% per centum per annum on the unpaid amount from the date on
which it was due until the date of actual payment, this interest shall be
paid on demand and the Lessee shall continue in default until full payment is
made.
Thereafter all payments made by the Lessee to the Lessor under this lease
until otherwise agreed by the Lessor shall be by bank cheque or cash. If the
Lessor demands or accepts rent or other money payable by the Lessee under
this Lease after default by the Lessee, this demand or acceptance shall not
be construed as a waiver, acceptance or release of the breach.
38.0 KEEPING FIXTURES, FITTING, ECT IN GOOD ORDER AND REPAIR
The Lessee shall keep the interior of the demise premises including the doors
and windows therefor and the fixtures and carpets therein in good and
tenantable repair and in a clean and sanitary condition and shall not do or
suffer to be done act and or thing that might choke or otherwise damage the
sewerage connections drains fittings and carpets an at the expiration or
sooner determination of the occupation by the Lessee shall deliver up to the
premises to the Lessor in as good repair as at the commencement of the
occupation by the Lessee (fair wear and tear and damaged by fire excepted)
with all glass unbroken and with locks doors keys windows convenience thereto
belonging in good order and the ceilings wall windows doors floor coverings
and carpet uninjured and undefaced.
40.0 PUBLIC RISK INSURANCE
The Lessee shall effect and maintain adequate Public Risk insurance in the
sum of Five Million dollars ($5,000,000) and save harmless and indemnify the
Lessor from and against all damages cost actions claims and demands which may
be recovered or made against him by any clerk servant customer or invitee of
the Lessee for any injury which he or she may sustain while using the demised
premises.
PLATE GLASS INSURANCE
The Lessee shall insure and during the continuance of this Lease keep insured
in the joint names of the Lessor an the Lessee the plate glass in the windows
and doors of the demised premises.
41.0 FIRE EVACUATION OR EMERGENCY EVACUATION.
The Lessee and it's staff shall co-operate with the Lessor and his agent in
implementing fire evacuation procedures.
PAGE 6
41.1 INDEMNITIES AGAINST INJURIES DURING DRILLS OR EMERGENCY EVACUATION.
The Lessee shall indemnify and save harmless the Lessor against all claims
actions costs suits and demands made by or in respect of any clerk, servant,
customer or invitee of the Lessee who sustains injuries while taking part in
a fire drill or an emergency evacuation.
42.0 ALTERATIONS AND ADDITIONS
The lessee will not without the previous consent in writing of the Lessor
which shall not be unreasonably withheld in consideration of the proposed use
of the premises by the tenant make any alterations and additions in or to the
demised premises or any part thereof other than partitioning not involving
permanent fixing to walls and ceilings and in particular without limiting the
generality hereof the Lessee shall not:
(i) install any fixtures partitioning equipment or appliances whether for
the purpose of illumination, heating, cooling, ventilating or air
conditioning the demised premises;
(ii) in any way deface the walls ceilings partitioning floors, walls or
fixtures or any part of the demised premises;
(iii)bring on the demised premises any machinery safe or other plant or
equipment of such nature or size as may be likely to cause any
structural or other damage to the floor coverings, floors, walls or
any other parts of the demised premises of the building of which the
demised premises form part; and
(iv) make any such alterations or additions with without first obtaining the
necessary approvals of the relevant authorities and shall at least
twenty-one (21) days before commencement of any work furnish to the
Lessor proper plans and specifications of such work for the Lessor's
approval which approval shall not be unreasonably withheld.
43.0 CLEANING
The Lessee shall at all times during the said term keep the demised premises
and the windows thereof in a clean and sanitary condition and free from any
accumulation of rubbish or dirt.
44.0 NO ASSIGNMENT, ETC.
Not during the continuance of this lease to assign, transfer, demise,
sub-let, part with, share the possession of, or grant any license affecting,
or mortgage, charge, or otherwise deal with or dispose of the demised
premises or any part thereof to be assigned, transferred, demised, sub-let
unto, shares, or put into possession of any persons or persons, licensed,
mortgaged, charged or otherwise dealt with or disposed of unless:
(i) the Lessee give to the Lessor not less than one (1) month's notice in
writing of his desire to deal with the demised premises in the manner
aforesaid;
(ii) the Lessee is not in default in the observance and performance of the
covenants and agreements on the Lessee's part herein contained or
implied;
(iii)the Lessee proposes to assign, transfer, sub-lease, or grant a license
to an assignee, transferee, sub-lessee or licensee who:
(a) proves to the satisfaction of the Lessor that he is a respectable,
responsible and solvent person capable of adequately carrying on
the business proposed to be carried on by the business proposed to
be carried on by him in the Demised Premises;
(b) enters into a covenant with the Lessor in the form required by the
Lessor that he will duly perform and keep the covenants and
agreements on the Lessee's part herein contained;
PAGE 7
(c) furnishes to the Lessor such guarantee or guarantees of the
performance of his obligations under this Lease as the Lessor in
respect of, or in any way arising from this Lease.
(d) pays to the Lessor reasonable costs and disbursements associated
with the granting of its consent including all legal fees, stamp
duty and registration fees; and
(iv) the Lessee enters into a deed in the form required by the Lessor under
which he releases the Lessor from all claims which the Lessee then has,
or may thereafter have against the Lessor in respect of, or in any way
arising from this lease.
45.0 CONDITION OF PREMISES
The Lessee acknowledges that they are leasing the premises in their present
condition and state of repair and to this effect, relies on their own
inspections, and has made their own inquiries.
46.0 STATUTORY REQUIREMENTS
The Lessee shall observe and perform at its own expense the provisions of any
Act Regulation Rule Ordinance or By-Law for the time being applicable in any
way to the demised premises arising from the nature of the business therein
conducted by the Lessee or otherwise from the Lessee's occupation of such
premises and in particular but without affecting the generality of the
foregoing shall so observe and perform the provisions of the Factories and
Shops Act, the Public Health Act, the Local Government Act and any Act or
Acts replacing any of the said Acts and any regulations Rules or Ordinances
or By-Laws for the time being in the operation under any such act as
aforesaid but nothing in this covenant shall require the Lessee to carry out
or meet the cost of any work of a structural nature.
47.00 CAR PARKING
.01 The Lessee shall be entitled to park one (1) motor vehicles (not in
excess of 5 tonnes) at the building during the term of this Lease.
.20 The Lessee shall not use or permit the Car Parking Area to be used for
any purpose other than for the purpose of parking a motor vehicles and
in particular, but without limiting the generality hereof, shall not
clean, grease, oil, repair or wash any motor vehicles in the car
Parking Area.
.30 The Lessee shall not do, omit to do or permit to be done or omitted any
act, matter or thing which shall be a nuisance or annoyance or
obstruction to the lessor and other users, occupants or tenants of the
building.
.40 The Lessee shall keep the Lessor indemnified against all liability for
death or injury to persons or loss of damage to property caused by any
motor vehicle of any clerk, servant, customer or invitee of the Lessee
brought upon the Car Parking Area and any land adjacent thereto and the
and the Lessor shall not be responsible for any injury to persons or
loss of or damage to any motor vehicle parked on the Car Parking Area
whilst in the course of obtaining access or egress to or from the Car
Parking Area.
48.0 COSTS
The Lessee shall on demand pay the Lessor's solicitors reasonable and proper
costs and disbursements in respect of the preparation completion and
registration of this Lease including Stamp Duty and registration fees.
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