Dated Option agreement relating to UNIT 8, E PLAN INDUSTRIAL ESTATE NEWHAVEN between QUENTIN KING and CLEAN POWER TECHNOLOGIES LIMITED
Dated
------------
relating
to
XXXX
0,
X
XXXX XXXXXXXXXX XXXXXX
XXXXXXXX
between
XXXXXXX
XXXX
and
CLEAN
POWER TECHNOLOGIES LIMITED
1
THIS AGREEMENT is
dated /d/13
November 2008
Parties
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(1)
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Xxxxxxx
Xxxx of Unit 8 E Plan Industrial Estate, Xxx Xxxx, Xxxxxxxx, Xxxx Xxxxxx,
XX0 0XX (Owner).
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(2)
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Clean
Power Technologies Limited incorporated and registered in England and
Wales with company number 5812360 whose registered office is at Wiston
House, 0 Xxxxxx Xxxxxx, Xxxxxxxx, Xxxx Xxxxxx, XX00 0XX (Buyer).
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Background
Agreed
terms
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1.1
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The
definitions in this clause apply in this
agreement.
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Completion Date: the date 4 weeks after the
date of service of the Option Notice.
Deposit: £21,250 (exclusive of
VAT).
Independent Valuation: the
price agreed between the Owner and the Buyer but in default of agreement a
valuation of the Open Market Value of the Property prepared by the Independent
Valuer
Independent Valuer: a Surveyor
appointed jointly by the Landlord and the Tenant or in default of agreement by
the President of the RICS
Open Market Value: the price
at which the Property might reasonably be expected to be sold at on the open
market with vacant possession at the date of the Option Notice disregarding the
existence of this Lease
Option: the option granted by the
Owner to the Buyer by this agreement.
Option Notice: a notice served by the
Tenant on the Landlord notifying the Landlord of its intention to exercise the
Option
Option Period: The period of 28 days
commencing on the date that the Landlord provides the Tenant with the
Independent Valuation or the date on which the Purchase Price is agreed between
the Owner and the Buyer
Option Sum: £1 (exclusive of
VAT).
Owner's Conveyancer: Xxxxxxx Xxxxxx & Co, 00
Xxxx Xxxxxxx, Xxxxxxxxxx, Xxxx Xxxxxx, XX00 0XX, Fax 00000 000000, Ref
MP.KP.King
2
Part 1 Conditions: the conditions in Part 1 of
the Standard Commercial Property Conditions (Second Edition) and Condition means any one of
them.
Part 2 Conditions: the conditions in Part 2 of
the Standard Commercial Property Conditions (Second Edition).
Property: the freehold property at
Xxxx 0 X Xxxx Xxxxxxxxxx Xxxxxx, Xxx Xxxx, Xxxxxxxx shown more particularly
delineated in red on the plan attached to this agreement and being registered at
HM Land Registry with title absolute under title number ESX231882
Purchase Price: the greater of:
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1.
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the
price stated in the Independent Valuation (exclusive of VAT) (less any
reduction in accordance with clause
2.5)
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2.
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£425,000
(exclusive of VAT) (less any reduction in accordance with clause
2.5)
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VAT: value added tax chargeable
under the Value Added Tax Xxx 0000 and any similar replacement tax and any
similar additional tax.
Working Day: any day from Monday to
Friday (inclusive) which is not Christmas Day, Good Friday or a statutory Bank
Holiday.
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1.2
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The
rules of interpretation in this clause apply in this
agreement.
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1.3
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Clause
and Schedule headings do not affect the interpretation of this
agreement.
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1.4
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Except
where a contrary intention appears, a reference to a clause or a Schedule
is a reference to a clause of, or Schedule to this
agreement.
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1.5
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Unless
otherwise specified, a reference to a law is a reference to it as it is in
force for the time being taking account of any amendment, extension,
application or re-enactment and includes any subordinate legislation for
the time being in force made under
it.
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1.6
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A
person includes a
corporate or unincorporated body.
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1.7
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Writing or written includes faxes
but not e-mail.
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1.8
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Any
obligation in this agreement on a person not to do something includes an
obligation not to agree or allow that thing to be
done.
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1.9
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Any
reference to the Owner includes its
successors in title.
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3
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2.
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2.1
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On
the date of this agreement the Buyer will pay the Option Sum to the
Owner.
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2.2
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The
Owner grants the Buyer an option during the Option Period to buy the
Property at the Purchase Price.
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2.3
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If
the Property is charged, the Owner will supply written evidence to the
Buyer that the chargee has consented to the grant of the Option and that,
in exercising any power of sale or disposal under the charge, such
transaction will be subject to the
Option.
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2.4
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The
Owner consents to the entry of an agreed notice against the Owner's title
to the Property at HM Land Registry in order to protect this option
agreement.
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2.5
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The
Owner acknowledges that this agreement is supplemental to an option
agreement of even date relating to the sale of part of the Property ("the
Prior Agreement") and if the option to purchase under the Prior
Agreement is exercised by the Buyer prior to the exercise of the option
under this agreement then the Purchase Price under this agreement shall be
reduced by the amount of the Purchase Price paid under the Prior Agreement
and the property to be sold shall be that part of Xxxx 0 X Xxxx Xxxxxxxxxx
Xxxxxx, Xxx Xxxx, Xxxxxxxx which has not been sold under the Prior
Agreement
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3.1
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The
Owner's title to the Property has been deduced to the Buyer before the
date of this agreement
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4.1
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The
Buyer may at any time within the period 1st
March 2010 and 1st
August 2010 (inclusive) by notice in writing require the Owner at the
Buyer’s cost (which costs the Owner shall be entitled to receive in
advance) to obtain an Independent Valuation and the Owner shall within 28
days of the Buyer serving this notice on the Owner obtain an Independent
Valuation.
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4.2
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The
Buyer shall permit the Owner and the Independent Surveyor access to the
Property for the purposes of carrying out the Independent
Valuation.
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4.3
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The
Buyer may exercise the Option at any time during the Option Period by
serving an Option Notice on the
Owner.
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4
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4.4
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On
the date of the exercise of the Option, the Buyer will pay the Deposit to
the Owner's Conveyancer as stakeholder on terms that on completion the
Deposit is paid to the Owner and that the accrued interest is paid to the
Buyer.
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5.1
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If
the Option is exercised in accordance with the terms of this agreement the
Owner will sell the Property to the Buyer for the Purchase
Price.
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6.
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Default
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6.1
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If
the Owner fails to comply with any deadline in this agreement the relevant
time period shall be extended until such time as the Owner has complied
with his obligations. Such extension shall not prejudice any
rights or remedies of the Buyer.
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7.
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7.1
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Upon
exercise of the Option, the Part 1 Conditions will be incorporated into
this agreement in so far as they:
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(a)
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apply
to a sale by private treaty;
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(b)
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relate
to freehold property;
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(c)
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are
not inconsistent with the other clauses in this agreement;
and
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(d)
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have
not been modified or excluded by any of the other clauses in this
agreement.
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7.2
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Upon
exercise of the Option, the Part 2 Conditions will not be incorporated
into this agreement.
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7.3
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The
following Conditions will not
apply:
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(a)
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Conditions
1.1.4(a), 1.3, 1.4.3
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(b)
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Condition
2.2;
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(c)
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Conditions
3.1.4 and 3.3;
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(d)
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Conditions 6.6.2;
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The
Property will be sold with vacant possession on completion.
5
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9.
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9.1
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Completion
will take place on the Completion
Date.
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9.2
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On
completion the Buyer will pay the balance of the Purchase Price to the
Owner.
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9.3
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On
completion the Buyer will grant to the Owner a lease of part of the
Property in the form of the draft lease in the second
schedule
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10.
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10.1
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Each
amount stated to be payable by the Buyer to the Owner under or pursuant to
this agreement is exclusive of VAT (if
any).
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10.2
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If
any VAT is chargeable on any supply made by the Owner under or pursuant to
this agreement, the Buyer will pay the Owner an amount equal to that VAT,
subject to the Owner supplying the Buyer with a VAT invoice at the time of
payment.
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11.
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11.1
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Any
notice (including the Option Notice) given under this agreement must be in
writing and signed by or on behalf of the party giving
it.
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11.2
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Any
notice or document to be given or delivered under this agreement must be
given by delivering it personally or sending it by pre-paid recorded
delivery to the address and for the attention of the relevant party as
follows:
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(a)
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to
the Owner at:
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Xxxx 0 X
Xxxx Xxxxxxxxxx Xxxxxx, Xxx Xxxx, Xxxxxxxx, XX0 0XX
or to
such other address or fax number, or for the attention of such other person, as
was last notified in writing by the Owner to the Buyer; and
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(b)
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to
the Buyer at:
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Wiston
House, 0 Xxxxxx Xxxxxx, Xxxxxxxx, Xxxx Xxxxxx, XX00 0XX
or
to such other address or fax number, or for the attention of such other person,
as was last notified in writing by the Buyer to the Owner.
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11.3
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Any
such notice will be deemed to have been
received:
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(a)
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if
delivered personally, at the time of
delivery;
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(b)
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in
the case of pre-paid first class post or recorded delivery, on the second
Working Day after posting.
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6
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11.4
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In
proving service it will be sufficient to prove that delivery was made or
that the envelope containing the notice was properly addressed and posted
as a prepaid first class or recorded delivery letter or that the fax
message was properly addressed and transmitted, as the case may
be.
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11.5
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A
notice given or document delivered under this agreement will not be
validly given or delivered if sent by
e-mail.
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A person
who is not a party to this agreement may not enforce any of its terms under the
Contracts (Rights) of Third Parties Xxx 0000.
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13.
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Any
dispute arising between the parties on any matter arising out of this agreement
may be referred by either party to an independent chartered surveyor agreed upon
by the parties or in default of agreement appointed by the President for the
time being of the Royal Institution of Chartered Surveyors. The surveyor will
act as an arbitrator in accordance with the Arbitration Acts.
7
SCHEDULE
The
Draft lease
DATE 2008
L
E A S E
BETWEEN
Clean
Power Technologies Limited
AND
Xxxxxxx
Xxxx
OF
Part
of Xxxx 0, X-Xxxx Xxxxxxxxxx Xxxxxx,
Xxxxxxxx,
Xxxx Xxxxxx
XXXXXX
XXXXXX
3/9
Cricketers Parade
Xxxxxxxxxx
Xxxxxx Xxxx
XXXXXXXX
Xxxx
Xxxxxx
XX00
0XX
8
THIS LEASE dated and
delivered
BETWEEN the Landlord and the
Tenant named below is a new tenancy for the purposes of the Landlord and Tenant
(Covenants) Xxx 0000
1. PARTICULARS
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1.1:1
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the
Landlord
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CLEAN POWER TECHNOLOGIES
LIMITED (company number: 05812360) whose registered office is at
Wiston house, 0 Xxxxxx Xxxxxx, Xxxxxxxx, Xxxx Xxxxxx XX00
0XX
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1.1:2
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the
Tenant
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XXXXXXX XXXX of Xxxx 0,
X-Xxxx Xxxxxxxxxx Xxxxxx, Xxx Xxxx, Xxxxxxxx, Xxxx Xxxxxx XX0
0XX
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1.2
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the
Building
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Xxxx
0, X-Xxxx Xxxxxxxxxx Xxxxxx, Xxx Xxxx, Xxxxxxxx, Xxxx Xxxxxx XX0
0XX
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1.3
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Insurance
Rent
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means
25% of the annual premium which the Landlord shall pay for insuring the
Building against the Insured
Risks
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1.4
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Permitted
User
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1.5
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the
Premises
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all
that part of the building outlined in green on the attached
plan.
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1.6
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Prescribed
Rate
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4%
per year above the base lending rate of Barclays Bank plc or where such
rate is not quoted such base rate as in the reasonable opinion of the
Landlord is the nearest equivalent
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1.7
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Rent
Commencement
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Date
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The
date hereof
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1.8
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Rent
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£7,500
(seven thousand five
hundred pounds)
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1.9
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the
Term
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6
months less one day from and
including
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2.
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DEFINITIONS
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2.1
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For
all purposes of this lease the terms defined in clauses 1 and 2 have the
meanings specified.
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2.2
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"Insured
Risks means fire lightning explosion aircraft riot civil
commotion damage by malicious persons earthquakes storm tempest flood
bursting and overflowing of water pipes tanks and other apparatus and such
other risks as the Landlord from time to time in its absolute
discretion may think fit to insure
against
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2.3
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"Rent"
means the Rent and such term does not include
the Insurance Rent but the term "rents" includes both the Rent and the
Insurance Rent
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9
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2.4
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"Pipes"
means all pipes sewers drains mains ducts conduits gutters watercourses
wires cables channels flues and all other conducting media and includes
any fixings and any other ancillary apparatus which are in or under or
which serve the Premises
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3.
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INTERPRETATION
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3.1
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The
expressions "the Landlord" wherever the context so admits
include the person for the time being entitled to the reversion
immediately expectant on the determination of the
Term
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3.2
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Words
importing one gender include all other genders and words
importing the singular include the plural and vice
versa
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3.3
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Any
covenant by the Tenant not to do an act or thing shall be deemed to
include an obligation not to permit or suffer such act or thing to be done
by another person
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3.4
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Any
references to a specific statute include any statutory extension or
modification amendment or re-enactment of such statute and any regulations
or orders made under such statute and any general reference to "statute"
or "statutes" includes any regulations made under such statute or
statutes
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4. DEMISE
The
Landlord demises to the Tenant the Premises with the rights specified in the
first schedule but EXCEPTING AND RESERVING to the Landlord the rights specified
in the second schedule TO HOLD the Premises to the Tenant for the Term YIELDING
AND PAYING to the Landlord:
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4.1
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the
Rent payable without any deduction by equal monthly payments in advance on
the first day of each month the first such payment being in respect of the
period from the Rent Commencement Date to and including the last day of
the month following the Rent Commencement Date to be paid on
the date of this Lease
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4.2
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By
way of further rent the Insurance Rent payable on demand in accordance
with clause 7
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5.
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THE
TENANT'S COVENANTS
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The
Tenant covenants with the Landlord:
10
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5.1
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Rent
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5.1:1
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to
pay the rent on the days and in the manner set out in this lease and not
to exercise or seek to exercise any right or claim to withhold rent or any
right or claim to legal or equitable
set-off
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5.1:2
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if
so required by the Landlord to make such payments by banker's order or
credit transfer to any bank account in the United Kingdom that the
Landlord may from time to time
nominate
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5.2
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Outgoings
and VAT
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To
pay :
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5.2:1
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all
rates taxes assessments duties charges impositions and
outgoings which are now or during the Term shall be charged assessed or
imposed upon the Premises or upon the owner or occupier of them except any
tax payable by the Landlord in respect of the receipt of
any of the rents due under this lease or any dealing with its reversionary
interest
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5.2:2
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VAT
(or any tax of a similar nature that may be substituted for it or levied
in addition to it) chargeable in respect of any payment made by the Tenant
in connection with this lease or in respect of any payment made by the
Landlord where the Tenant is obliged under this lease to reimburse the
Landlord for such payment
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5.3
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Electricity,
gas and other services
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To pay
all charges for electricity and other services consumed or used at or in
relation to the Premises (including meter rents)
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5.4
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Repairs
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5.4.1
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The
Tenant shall keep the Property clean and tidy and in good repair and
condition.
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5.4.2
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The
Tenant shall not be liable to repair the Property to the extent that any
disrepair has been caused by Insured Risks, unless and to the extent
that:
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5.4.2.1
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the
policy of insurance of the Property has been vitiated or any insurance
proceeds withheld in consequence of any act or omission of the Tenant, or
his respective workers, contractors or agents or any person on the
Property with the actual or implied authority of the Tenant;
or
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5.4.2.2
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the
insurance cover in relation to that disrepair is excluded, limited, or is
unavailable
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11
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5.4.3
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The
Tenant shall keep the external areas of the Property in a clean and tidy
condition and not allow any rubbish or waste to be left there. The Tenant
shall clean all windows at the Property as often as is
necessary.
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5.5
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Decoration
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To
maintain the interior of the Premises in a good decorative
order
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5.6
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Statutory
Obligations
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5.6:1
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Not
knowingly to do in or near the Premises any act or thing by reason of
which the Landlord may under any statute incur have imposed upon it or
become liable to pay any penalty damages compensation costs charges or
expenses
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5.6:3
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Without
prejudice to the generality of the above to comply in all respects with
the provisions of any statutes and any other obligations imposed by law or
by any byelaws applicable to the Premises or in regard to carrying on the
trade or business for the time being carried on at the
Premises
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5.7
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Access
of Landlord and notice to repair
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5.7:1
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To
permit the Landlord on reasonable notice and ( except in an emergency when
no notice shall be required)
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5.7:1.1
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to
enter upon the Premises for the purpose of ascertaining that the covenants
and conditions of this lease have been observed and
performed
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5.7:1.2
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to
view the state of repair and condition of the
Premises
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5.7:1.3
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to
give to the Tenant (or leave upon the Premises) a notice specifying any
repairs, cleaning or maintenance that the Tenant has
failed to execute in breach of the terms of this lease and to request the
Tenant immediately to execute the
same
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5.7:2
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Immediately
to repair cleanse and maintain the Premises as required by such
notice.
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5.7:3
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If
within one month of the service of such a notice the Tenant shall not have
commenced and be proceeding diligently with the execution of the work
referred to in the notice or shall fail to complete the work within 2
months or such longer period as is reasonable in the circumstances to
permit the Landlord to enter the Premises to execute such work as may be
necessary to comply with the notice and to pay to the Landlord the cost of
so doing and all expenses incurred by the Landlord within
21 days of a written demand
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12
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5.8
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Nuisance
and restrictions
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5.8:1
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Not
to do nor allow to remain upon the Premises anything which may be or
become a nuisance annoyance disturbance inconvenience damage or injury to
the Landlord or to the owners and occupiers of any of the adjoining or
neighbouring premises or which may render any increased or extra premium
to be payable for the insurance of the Premises against fire or other
risks which may make void or voidable the insurance
policy.
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5.8:2
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Not
to use the Premises for a sale by auction or for any manufacture or for
any noisy, noxious, offensive or dangerous trade or business nor for any
illegal or immoral act or purpose
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5.9
|
Landlord's
Costs
|
To pay to
the Landlord on an indemnity basis all reasonable costs and
disbursements incurred by the Landlord in relation to or incidental
to the recovery or attempted recovery of arrears of rent or other sums due from
the Tenant and
5.10 Not
to permit acquisitions of easements
Not to
grant or permit to be used any right or easement in upon over or under the
Premises nor to give any acknowledgement that the Tenant enjoys the
access of light or air to any windows in the Premises by the consent of any
third party
5.11 Statutory
Notices
Within
seven days of the receipt of any notice by the Tenant to give full particulars
to the Landlord of any notice or order or proposal for a notice or order made
given or issued to the Tenant by a Planning Authority under or by virtue of the
Planning Acts
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5.12
|
The
Planning Acts
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5.12:1
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Not
to do or omit or suffer to be done or omitted any act or thing in respect
of the Premises which shall contravene the provisions of any of the
Planning Acts and at all times to keep the Landlord indemnified against
all actions proceedings costs expenses claims and demands in respect of
any such act or matter contravening the provisions of the Planning
Acts.
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5.13
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Alienation
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Not
to assign, charge, underlet, share or part with possession of the whole or
any part of the Premises
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13
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5.14
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Fire
Precautions
|
To
observe all statutory provisions and all provisions contained in any regulations
made by any duly constituted authority or in any policy of insurance relating to
the Premises
5.15 Indemnities
To be
responsible for and to keep the Landlord fully indemnified against all damage
damages losses costs expenses actions demands proceedings claims liabilities
made against or suffered or incurred by the Landlord arising directly or
indirectly out of:
|
5.15:1
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any
act omission or negligence of the Tenant or any persons at the Premises
expressly or impliedly with the Tenant's
authority
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5.15:2
|
any
breach or non-observance by the Tenant of the covenants conditions or
other provisions of this lease or any of the matters to which this demise
is subject
|
5.16 Yield
Up
At the
end of the Term:
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5.16:1
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to
yield up the Premises in repair and in accordance with the terms of this
lease
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5.16:2
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to
give up all keys of the Premises to the Landlord
and
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5.16:3
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to
remove all signs erected by the Tenant in upon or near the Premises and
immediately to make good any damage caused by such
removal
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5.17
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Covenants
|
|
|
to
comply with the provisions of the Third
Schedule
|
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6.
|
THE
Landlord's covenants
|
|
|
The
Landlord covenants with the Tenant:
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6.1
|
Quiet
enjoyment
|
|
|
To
permit the Tenant peaceably and quietly to hold and enjoy the Premises
during the Term without any interruption or disturbance from or by the
Landlord or any person claiming under or in trust for the Landlord or by
title paramount
|
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7.
|
Insurance
|
|
7.1
|
Landlord
to insure
|
The
Landlord covenants with the Tenant to insure the Premises against the Insured
Risks unless such insurance shall be vitiated by any act of the Tenant or by
anyone at the Premises expressly or by implication with the Tenant's
authority
7.3 Payment
of Insurance Rent
14
The
Tenant shall pay the Insurance Rent on the date of this lease for the period
from and including the Rent Commencement Date to the day before the next policy
renewal date and subsequently the Tenant shall pay the Insurance Rent on
demand
8. Provisos
8.1 Re-entry
If and
whenever during the Term:
|
8.1:1
|
the
Rent is outstanding for 14 days after becoming due whether formally
demanded or not or
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|
8.1:2
|
there
is a breach by the Tenant of any covenant or other term of this
lease
|
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8.1:3
|
the
Tenant becomes bankrupt or enters into an arrangement for the benefit of
its creditor
|
the
Landlord may re-enter the Premises (or any part of them in the name of the
whole) at any time (and even if any previous right of re-entry has been waived)
and then the Term will absolutely cease but without prejudice to any rights or
remedies which may have accrued to the Landlord against the Tenant in respect of
any breach of covenant or other term of this lease (including the breach in
respect of which the re-entry is made)
8.2 Interest
on arrears
If any
instalment of the rents or any other sum which may become payable by the Tenant
to the Landlord under any of the provisions of this Lease at any time remains
unpaid for 14 days after becoming payable (whether the rents or other sums has
been formally or legally demanded or not) then the amount for the time being
unpaid shall (without prejudice to the Landlord's right of re-entry or any other
right or remedy to the Landlord) as from the date upon which such amount became
payable and until paid bear interest at the Prescribed Rate and the
Tenant accordingly covenants with the Landlord that in such circumstances and
during such period the Tenant will pay to the Landlord interest (as well after
as before any judgement) on any such unpaid amount at the Prescribed
Rate
8.3 Service
of Notices
SECTION
196 of the Law of Property Xxx 0000 and the Recorded Delivery Service Xxx 0000
(relating to the service of notices) shall apply to all notices
served
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8.4 Liability
THE
LANDLORD shall not be responsible to the Tenant or the Tenant's licensees
servants agents or other persons in on or about the Premises or calling upon the
Tenant for any accident happening or injury suffered or damage to or loss of any
chattel or property sustained on the Premises or in the Building unless caused
by the act or omission of the Landlord or imposed on the Landlord by any
statute
8.5 Exclusion
of Use Warranty
Nothing
in this lease or in any consent granted by the Landlord under this lease shall
imply or warrant that the Premises may lawfully be used under the Planning Acts
for the purpose authorised in this lease (or any purpose subsequently
authorised)
8.6 Disputes
If any
dispute or difference shall arise between the parties concerning any clause or
matter contained in or in any way connected with this lease or the operation or
construction thereof (or any matter or thing in any way connected with this
lease) or the rights duties or liabilities of either party under or in
connection with this lease then and in every such case the dispute or difference
shall be determined by a single arbitrator in accordance with the Arbitration
Act 1996 or any statutory modification or re-enactment for the time being in
force
8.7 Entire
Undertaking
This
lease is supplemental to an agreement xxxxx0000 between Xxxxxxx Xxxx
and Clean Power Technologies
8.8 Compensation
on vacating
Any
statutory right of the Tenant to claim compensation from the Landlord on
vacating the Premises shall be excluded to the extent that the law
allows
8.9 Break
Clause
If the
Tenant wishes to determine this lease at any time and gives to the Landlord not
less than 1 month's written notice of that wish and up to the time of
the determination pays the rents and performs and observes the covenants
contained in this lease then on expiry of the notice the Term is to cease and
determine immediately, but without prejudice to any rights or remedies that may
have accrued
FIRST
SCHEDULE
Rights
granted
1. Rights
of way
The right
for the Tenant and all persons expressly or by implication authorised by the
Tenant (in common with the Landlord and all other person having a like right) to
pass and xxxxxx to and from the Premises at all time over other parts of the
Building and for all purposes connected with the use and enjoyment of
the Premises (but not otherwise):
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2. Pipes
The right
to the free passage and running (subject to temporary interruption for repair
alteration or replacement) of water sewage gas electricity telephone and other
services or supplies to and from the Premises in and through the Pipes that now
serve the Premises in common with the Landlord and all other persons having a
like right
3. Support
Such
rights of support and protection for the benefit of the Premises as are now
enjoyed from the Building
SECOND
SCHEDULE
Rights
reserved
1. Use
of Pipes
The right
to the free and uninterrupted passage and running of water sewage electricity
telephone and other services or supplies from and to other parts of the Building
and any adjoining or neighbouring property in and through the Pipes which now
are or may be during the Term in on or under or over the Premises
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2
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Access
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2.1
|
The
right at any time during the Term to enter (or in cases of emergency to
break and enter) the Premises:
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|
2.1:1
|
to
inspect cleanse connect lay repair remove replace with others alter or
execute any works whatever to or in connection with the Pipes easements or
services referred to in paragraphs 1 and 2 of this
schedule
|
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2.1:2
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to
view the state and condition of and repair and maintain the Premises and
the Building where such viewing or work would not otherwise be reasonably
practicable
|
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2.1:3
|
to
carry out works to or upon other parts of the Building or do anything
whatever comprised within the Landlord's written obligations in this Lease
whether or not the Tenant is liable to make a
contribution
|
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2.1:5
|
to
exercise any of the rights granted to the Landlord by this
lease
|
3. Support
etc.
The right
of light air support protection shelter and all other easements and rights now
or after the date of this lease belonging to or enjoyed by other parts of the
Building
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THIRD
SCHEDULE
The Covenants
1. Use
Not to
install or use in or upon the Premises any machinery or apparatus which causes
noise or vibration which can be heard or felt in nearby premises or outside the
Premises or which may cause damage
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2.
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Alterations
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|
|
Not
to make any alterations or additions whatsoever to the
Premises
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|
3.
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Frost
Damage
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|
|
To
take all necessary precautions against frost damage to the Pipes on the
Premises
|
|
4.
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Reimburse
the Landlord's expenditure
|
|
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To
pay the Landlord on demand any costs or expenses incurred
by the Landlord arising from covenants made in the transfer of the
Property to the Landlord under the Second Agreement or from any deed of
covenant entered into by the Landlord in relation to the Second
Agreement
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IN
WITNESS whereof the parties have sent their hands the day and year first
written
SIGNED as a deed for CLEAN
POWER ) /s/ Xxxxx Xxxxx
TECHNOLOGIES LTD acting
by )
Director:Xxxxx
Xxxxx
Counterpart/
SIGNED by XXXXXXX XXXX in
the ) /s/ Xxxxxxx Xxxx
presence
of:- )
|
Witness
signature:
|
/s/ Xxxxxxxxxxx
Xxxx
|
|
Name:
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/ Mr. Xxxxxxxxxxx Xxxx
/
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|
Address:
|
/ 0 Xxxx Xxxx
/
|
|
|
/
Xxxxx, Xxxx Xxxxxx, XX0 0XX /
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|
Occupation:
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/ Print Maker
/
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18
