Disregarded Matters definition
Disregarded Matters mean:
(i) any effect on rent of the fact that the Tenant, any permitted under tenant or their respective predecessors in title have been in occupation of the Demised Premises or any part thereof;
(ii) any rent free period or rent concession received by the Tenant at the commencement of the Lease or that may be received by a tenant in the market.
(iii) any goodwill attaching to the Demised Premises by reason of the business then carried on at the Demised Premises by the Tenant or any permitted under tenant;
(iv) any increase in rental value of the Demised Premises attributable to the existence at the Review Date, of any works (otherwise than in pursuance of an obligation under this Lease or any agreement therefor) executed by and at the expense of the Tenant (or any party lawfully occupying the Demised Premises under the Tenant) with the consent of the Landlord (where required under this Lease) in on or to the Demised Premises or any part thereof however, for the sake of clarity such Disregarded Matters shall not affect the specification for the Demised Premises and the Building as at the commencement of the Term of this Lease, as set out in Schedule 10; and
Disregarded Matters means:
(a) any effect on rent of the fact that Party B or its predecessors in title have been in occupation of the Premises;
(b) any goodwill attached to the Premises attributable to the business of Party B or its predecessors in title’s business;
(c) any restriction as to the use of the Premises;
(d) any effect on the rental value of the Premises attributable to the existence at the New Term Start Date of any works, alterations or additions to the Premises carried out by Party B, its predecessors in title or by any lawful occupiers during or prior to the Term of this Lease with consent where required otherwise than in pursuance of an obligation to Party A or its predecessors in title (Article 3.2 not being treated as an obligation to Party A to fit out the Premises for the purpose of this Paragraph 1.4 (d)) but in making this disregard no allowance is to be made for loss of use during any hypothetical period while the improvement is being carried out.
Disregarded Matters means each of the following:
Examples of Disregarded Matters in a sentence
The surveyor shall determine the New Rent in accordance with his own judgment and opinion as to the true current market rental value of the Premises on the assumptions hereinafter defined (the "Assumptions") but disregarding the disregarded matters (the "Disregarded Matters").
More Definitions of Disregarded Matters
Disregarded Matters means:-
1.4.1. any effect on rent of the fact that the Tenant its sub-tenants and other permitted occupiers or their respective predecessors in title have been in occupation of the Premises
1.4.2. any goodwill attached to the Premises by reason of the carrying on at the Premises of the business of the Tenants its sub-tenants and other permitted occupiers or their predecessors in title in their respective businesses
1.4.3. any increase in rental value of the Premises attributable to the existence at the relevant Review Date of any alteration addition or improvement to the Premises carried out with consent where required (otherwise than in pursuance of an obligation to the Landlord or its predecessors in title save where such obligation arises pursuant to or in connection with clause 4.18) by the Tenant its sub-tenants or their respective predecessors in title or by any lawful occupier during the Term or during any period of occupation prior to the Term arising out of an agreement for lease
1.4.4. any occupation or tenancy of the Tenant of any other premises in the Building
Disregarded Matters mean:-
1.4.1 any effect on rent of the fact that the Tenant, any permitted undertenant or their respective predecessors in title have been in occupation of the Demised Premises or any part thereof;
1.4.2 any goodwill attaching to the Demised Premises by reason of the business then carried on at the Demised Premises by the Tenant or any permitted undertenant;
1.4.3 any increase in rental value of the Demised Premises attributable to the existence at the Relevant Review Date, of any works (otherwise than in pursuance of an obligation under this Lease or any agreement therefor) executed by and at the expense of the Tenant (or any party lawfully occupying the Demised Premises under the Tenant) with the consent of the Landlord (where required under this Lease) in on or to the Demised Premises or any part thereof;
Disregarded Matters means:-
(a) any effect on rent of the fact that the Tenant or any Group Company or any permitted undertenant or their respective predecessors in title may have been in occupation of the Premises or any part of them;
(b) any additional bid that the Tenant or hypothetical willing tenant may make for any lease(s) that the Tenant or the hypothetical willing tenant may have of other premises in the Adjoining Property;
(c) any goodwill attached to the Premises by reason of the business then carried on at the Premises by the Tenant or any Group Company or any permitted undertenant;
(d) any increase in rental value of the Premises attributable to the existence, at the Relevant Review Date, of any improvement or any work done to the Premises or any part of them carried out prior to or after the date of this Lease with all necessary consents (where required) by the Tenant or any permitted undertenant or occupier or at their cost otherwise than in pursuance of an obligation to the Landlord or its predecessors in title (other than any obligation contained in a permissive licence granted by the Landlord or its predecessors in title) provided that any works carried out pursuant to any legislation or any requirement of the insurers shall be deemed not to have been carried out pursuant to an obligation to the Landlord or its predecessors in title;
(e) any link bridges or access ways linking the Premises to any Adjoining Property;
(f) the rights granted in paragraph 1 of Schedule 1 and any effect on rent from the existence of the obligations and rights contained in clause 48;
Disregarded Matters means:
(a) any effect on rent of the fact that the Tenant its sub-tenants or their respective predecessors in title have been in occupation of the Premises
(b) any goodwill attached to the Premises by reason of the carrying on at the Premises of the business of the Tenant its sub-tenants or their predecessors in title in their respective businesses
(c) any increase in rental value of the Premises attributable to the existence at the relevant Review Date of any improvements to the Premises carried out with consent where required otherwise than in pursuance of an obligation to the Landlord or its predecessors in title (provided always that the fact that the Tenant may have obtained a licence for the purpose of carrying out any improvements or other works from the Landlord shall not be construed as meaning that such works are carried out in pursuance of an obligation to the Landlord) by the Tenant its sub-tenants or their respective predecessors in title during the Term or during any period of occupation prior to the Term arising out of an agreement to grant such term or it being acknowledged by the parties that any fitting-out works carried out by the Landlord at its expense prior to the date of this Lease shall not be treated as one of the Disregarded Matters
Disregarded Matters means:
1.3.1 any effect on rent of the fact that the Tenant or any Group Company of the Tenant or any undertenant or any Group Company of any undertenant or their respective predecessors in title have been or are in occupation of the Premises or any part thereof;
1.3.2 any goodwill attached to the Premises by reason of the business then carried on at the Premises by the Tenant or any Group Company of the Tenant or any permitted undertenant or any Group Company of any permitted undertenant;
1.3.3 any improvements to the Premises made before or during the Term by the Tenant or any undertenant or their respective predecessors in title, with the consent of the Landlord where required under this Lease other than those:
1.3.3.1 made in pursuance of an obligation to the Landlord (save pursuant to a statutory obligation); or
1.3.3.2 for which the Landlord has made a financial contribution to the extent of that contribution;
1.3.4 the provisions of clause 10;
1.3.5 the provisions of paragraphs 1.4, 1.5 and 2.2 of this third schedule.
Disregarded Matters have the meaning given to them in the Third Schedule
Disregarded Matters means:-
(a) any effect on rent of the fact that the Tenant or any permitted undertenant or their respective predecessors in title or any Group Company or Associated Entity of any of them may have been in occupation of the Assumed Premises or any part of them;
(b) any goodwill attached to the Assumed Premises by reason of the business then carried on at the Assumed Premises by the Tenant or any permitted undertenant or other permitted occupier;
(c) without prejudice to clause 5.1.3(c), any effect on rent attributable to the existence, at the Relevant Review Date, of any improvement to the Assumed Premises or any part of them in excess of the Category A Specification carried out by the Tenant or any permitted undertenant otherwise than in pursuance of an obligation (except an obligation contained in clauses 24 or 26) to the Landlord or its predecessors in title or at the Landlord’s expense and without any liability on the Landlord’s part to pay any compensation in respect thereof; and
(d) any effect on rent of the fact that the Tenant or any permitted undertenant or their respective predecessors in title or any Group Company or Associated Entity is or are in occupation of any other part of the Building or Phase I including, without limitation, any special bids which may be made by any of them.