Common use of INTERPRETATION AND MISCELLANEOUS Clause in Contracts

INTERPRETATION AND MISCELLANEOUS. Condonation Not a Waiver 10.1 No condoning, excusing, giving of time or overlooking by the Landlord of any default, breach or non-observance or non-performance by the Tenant at any time or times of any of the Tenant’s agreements, stipulations, terms, conditions and obligations herein contained shall operate as a waiver of the Landlord’s rights hereunder in respect of any continuing or subsequent default, breach or non-observance or nonperformance or so as to defeat or affect in any way the rights and remedies of the Landlord hereunder in respect of any such continuing or subsequent default or breach and no waiver by the Landlord shall be inferred from or implied by anything done or omitted by the Landlord unless expressed in writing and signed by the Landlord. Any consent given by the Landlord shall operate as a consent only for the particular matter to which it relates and in no way shall be considered , as a waiver or release of any of the provisions hereof nor shall it be construed as dispensing with the necessity of obtaining the specific written consent of the Landlord in the future in respect of similar or other matters unless expressly so provided. (a) The common areas referred to in this Agreement shall mean the following:- (i) Such parts of the said building as may be designated under the Deed, if any, in respect of the said building as common areas for use in common by the co-owners for the time being of the said building; and (ii) Such other parts of the said building as may from time to time and at any time be so designated by the Landlord and/or the manager of the said building; (b) The common services and facilities referred to in this Agreement shall mean the following (i) Such services and facilities as may be designated under the Deed, if any, in respect of the said building as common services and facilities for the use in common by or benefit of the co-owners for the time being of the said building; and (ii) Such other services and facilities within the said building as may from time to time and at any time be so designated by the Landlord and/or the manager of the said building; Provided always that the Landlord and/or the manager of the said building shall also have the full and unrestricted right and power from time to time and at any time without the same constituting an actual or constructive eviction of the Tenant and without incurring any liability to the Tenant therefor to designate redesignate reallocate and/or partition such part or parts of the common areas and/or the common services and facilities and (if any) the recreational areas and facilities on the said building for the use of any person or persons and at such charges (if any) as the Landlord and/or the manager of the said building may see fit and to erect install restrict and/or alter the arrangement and/or the location and/or the accessibility of the same and the Tenant shall not raise any objection thereto and shall not have any recourse or remedy in any manner whatsoever.

INTERPRETATION AND MISCELLANEOUS. Condonation Not a Waiver 10.1 No condoning, excusing, giving of time or overlooking by the Landlord of any default, breach or non-observance or non-performance by the Tenant at any time or times of any of the Tenant’s agreements, stipulations, terms, conditions and obligations herein contained shall operate as a waiver of the Landlord’s rights hereunder in respect of any continuing or subsequent default, breach or non-observance or nonperformance non-performance or so as to defeat or affect in any way the rights and remedies of the Landlord hereunder in respect of any such continuing or subsequent default or breach and no waiver by the Landlord shall be inferred from or implied by anything done or omitted by the Landlord unless expressed in writing and signed by the Landlord. Any consent given by the Landlord shall operate as a consent only for the particular matter to which it relates and in no way shall be considered , as a waiver or release of any of the provisions hereof nor shall it be construed as dispensing with the necessity of obtaining the specific written consent of the Landlord in the future in respect of similar or other matters unless expressly so provided. (a) The common areas referred to in this Agreement shall mean the following:- Following Common Areas and Common Services and Facilities (i) Such parts of the said building as may be designated under the Deed, if any, in respect of the said building as common areas for use in common by the co-owners for the time being of the said building; and (ii) Such other parts of the said building as may from time to time and at any time be so designated by the Landlord and/or the manager of the said building; (b) The common services and facilities referred to in this Agreement shall mean the following (i) Such services and facilities as may be designated under the Deed, if any, in respect of the said building as common services and facilities for the use in common by or benefit of the co-owners for the time being of the said building; and (ii) Such other services and facilities within the said building as may from time to time and at any time be so designated by the Landlord and/or the manager of the said building; Provided always that the Landlord and/or the manager of the said building shall also have the full and unrestricted right and power from time to time and at any time without the same constituting an actual or constructive eviction of the Tenant and without incurring any liability to the Tenant therefor to designate redesignate reallocate and/or partition such part or parts of the common areas and/or the common services and facilities and (if any) the recreational areas and facilities on the said building for the use of any person or persons and at such charges (if any) as the Landlord and/or the manager of the said building may see fit and to erect install restrict and/or alter the arrangement and/or the location and/or the accessibility of the same and the Tenant shall not raise any objection thereto and shall not have any recourse or remedy in any manner whatsoever.

INTERPRETATION AND MISCELLANEOUS. Condonation Not a Waiver 10.1 No condoning, excusing, giving of time or overlooking by the Landlord Licensor of any default, breach or non-observance or non-performance by the Tenant Licensee at any time or times of any of the TenantLicensee’s agreements, stipulations, terms, conditions and obligations herein contained shall operate as a waiver of the LandlordLicensor’s rights hereunder in respect of any continuing or subsequent default, breach or non-observance or nonperformance non performance or so as to defeat or affect in any way the rights and remedies of the Landlord Licensor hereunder in respect of any such continuing or subsequent default or breach and no waiver by the Landlord Licensor shall be inferred from or implied by anything done or omitted by the Landlord Licensor unless expressed in writing and signed by the LandlordLicensor. Any consent given by the Landlord Licensor shall operate as a consent only for the particular matter to which it relates and in no way shall be considered , as a waiver or release of any of the provisions hereof nor shall it be construed as dispensing with the necessity of obtaining the specific written consent of the Landlord Licensor in the future in respect of similar or other matters unless expressly so provided. . Definition of Common Areas and Common Services and Facilities 10.2 (a) The common areas referred to in this Agreement shall mean the following:-following :- (i) Such parts of the said building as may be designated under the Deed, if any, Deed in respect of the said building as common areas for use in common by the co-owners for the time being of the said building; and (ii) Such other parts of the said building as may from time to time and at any time be so designated by the Landlord Licensor and/or the manager of the said building; (b) The common services and facilities referred to in this Agreement shall mean the following (i) Such services and facilities as may be designated under the Deed, if any, in respect of the said building as common services and facilities for the use in common by or benefit of the co-owners for the time being of the said building; and (ii) Such other services and facilities within the said building as may from time to time and at any time be so designated by the Landlord and/or the manager of the said building; Provided always that the Landlord and/or the manager of the said building shall also have the full and unrestricted right and power from time to time and at any time without the same constituting an actual or constructive eviction of the Tenant and without incurring any liability to the Tenant therefor to designate redesignate reallocate and/or partition such part or parts of the common areas and/or the common services and facilities and (if any) the recreational areas and facilities on the said building for the use of any person or persons and at such charges (if any) as the Landlord and/or the manager of the said building may see fit and to erect install restrict and/or alter the arrangement and/or the location and/or the accessibility of the same and the Tenant shall not raise any objection thereto and shall not have any recourse or remedy in any manner whatsoever.

INTERPRETATION AND MISCELLANEOUS. Condonation Not a Waiver 10.1 No condoning, excusing, giving of time or overlooking by the Landlord of any default, breach or non-observance or non-performance by the Tenant at any time or times of any of the Tenant’s agreements, stipulations, terms, conditions and obligations herein contained shall operate as a waiver of the Landlord’s rights hereunder in respect of any continuing or subsequent default, breach or non-observance or nonperformance non-performance or so as to defeat or affect in any way the rights and remedies of the Landlord hereunder in respect of any such continuing or subsequent default or breach and no waiver by the Landlord shall be inferred from or implied by anything done or omitted by the Landlord unless expressed in writing and signed by the Landlord. Any consent given by the Landlord shall operate as a consent only for the particular matter to which it relates and in no way shall be considered , as a waiver or release of any of the provisions hereof nor shall it be construed as dispensing with the necessity of obtaining the specific written consent of the Landlord in the future in respect of similar or other matters unless expressly so provided. (a) The common areas referred to in this Agreement shall mean the following:- (i) Such parts of the said building as may be designated under the Deed, if any, Deed in respect of the said building as common areas for use in common by the co-owners for the time being of the said building; and (ii) Such other parts of the said building as may from time to time and at any time be so designated by the Landlord and/or the manager of the said building; (b) The common services and facilities referred to in this Agreement shall mean the followingfollowing :- (i) Such services and facilities as may be designated under the Deed, if any, Deed in respect of the said building as common services and facilities for the use in common by or benefit of the co-owners for the time being of the said building; and (ii) Such other services and facilities within the said building as may from time to time and at any time be so designated by the Landlord and/or the manager of the said building; Provided always that the Landlord and/or the manager of the said building shall also have the full and unrestricted right and power from time to time and at any time without the same constituting an actual or constructive eviction of the Tenant and without incurring any liability to the Tenant therefor to designate redesignate reallocate and/or partition such part or parts of the common areas and/or the common services and facilities and (if any) the recreational areas and facilities on the said building for the use of any person or persons and at such charges (if any) as the Landlord and/or the manager of the said building may see fit and to erect install restrict and/or alter the arrangement and/or the location and/or the accessibility of the same (such as entrances passageways doors doorways corridors landings staircases lobbies lifts escalators toilets) and the Tenant shall not raise any objection thereto and shall not have any recourse or remedy in any manner whatsoever.

INTERPRETATION AND MISCELLANEOUS. Condonation Not a Waiver 10.1 No condoning, excusing, giving of time or overlooking by the Landlord of any default, breach or non-observance or non-performance by the Tenant at any time or times of any of the Tenant’s agreements, stipulations, terms, conditions and obligations herein contained shall operate as a waiver of the Landlord’s rights hereunder in respect of any continuing or subsequent default, breach or non-observance or nonperformance non-performance or so as to defeat or affect in any way the rights and remedies of the Landlord hereunder in respect of any such continuing or subsequent default or breach and no waiver by the Landlord shall be inferred from or implied by anything done or omitted by the Landlord unless expressed in writing and signed by the Landlord. Any consent given by the Landlord shall operate as a consent only for the particular matter to which it relates and in no way shall be considered , as a waiver or release of any of the provisions hereof nor shall it be construed as dispensing with the necessity of obtaining the specific written consent of the Landlord in the future in respect of similar or other matters unless expressly so provided. (a) The common areas referred to in this Agreement shall mean the following:-following :- (i) Such parts of the said building as may be designated under the Deed, if any, in respect of the said building as common areas for use in common by the co-owners for the time being of the said building; and (ii) Such other parts of the said building as may from time to time and at any time be so designated by the Landlord and/or the manager of the said building; (b) The common services and facilities referred to in this Agreement shall mean the followingfollowing :- (i) Such services and facilities as may be designated under the Deed, if any, in respect of the said building as common services and facilities for the use in common by or benefit of the co-owners for the time being of the said building; and (ii) Such other services and facilities within the said building as may from time to time and at any time be so designated by the Landlord and/or the manager of the said building; Provided always that the Landlord and/or the manager of the said building shall also have the full and unrestricted right and power from time to time and at any time without the same constituting an actual or constructive eviction of the Tenant and without incurring any liability to the Tenant therefor to designate redesignate reallocate and/or partition such part or parts of the common areas and/or the common services and facilities and (if any) the recreational areas and facilities on the said building for the use of any person or persons and at such charges (if any) as the Landlord and/or the manager of the said building may see fit and to erect install restrict and/or alter the arrangement and/or the location and/or the accessibility of the same and the Tenant shall not raise any objection thereto and shall not have any recourse or remedy in any manner whatsoever. Name of Development 10.3 The Landlord reserves the right to name or to change or to consent to the change of the name of the said building with or to any such name or style as it may determine and at any time and from time to time to change, alter, substitute or abandon any such name or style in its absolute discretion and without compensation to the Tenant and without the same constituting an actual or constructive eviction of the Tenant and without the Landlord incurring any liability to the Tenant therefor whether for any loss, injury, damage, annoyance or inconvenience which the Tenant may suffer as a consequence of any change of name of the said building. The Landlord shall however give the Tenant, the Post Office and other relevant Government Authority(ies) reasonable notice of its intention to do as aforesaid or (as the case may be) of the aforesaid naming or change of name.

INTERPRETATION AND MISCELLANEOUS. Condonation Not a Waiver 10.1 No condoning, excusing, giving of time or overlooking by the Landlord of any default, breach or non-observance or non-performance by the Tenant at any time or times of any of the Tenant’s agreements, stipulations, terms, conditions and obligations herein contained shall operate as a waiver of the Landlord’s rights hereunder in respect of any continuing or subsequent default, breach or non-observance or nonperformance non-performance or so as to defeat or affect in any way the rights and remedies of the Landlord hereunder in respect of any such continuing or subsequent default or breach and no waiver by the Landlord shall be inferred from or implied by anything done or omitted by the Landlord unless expressed in writing and signed by the Landlord. Any consent given by the Landlord shall operate as a consent only for the particular matter to which it relates and in no way shall be considered , as a waiver or release of any of the provisions hereof nor shall it be construed as dispensing with the necessity of obtaining the specific written consent of the Landlord in the future in respect of similar or other matters unless expressly so provided. (a) The common areas referred to in this Agreement shall mean the following:-following :- (i) Such parts of the said building as may be designated under the Deed, if any, in respect of the said building as common areas for use in common by the co-owners for the time being of the said building; and (ii) Such other parts of the said building as may from time to time and at any time be so designated by the Landlord and/or the manager of the said building; (b) The common services and facilities referred to in this Agreement shall mean the followingfollowing:- (i) Such services and facilities as may be designated under the Deed, if any, in respect of the said building as common services and facilities for the use in common by or benefit of the co-owners for the time being of the said building; and (ii) Such other services and facilities within the said building as may from time to time and at any time be so designated by the Landlord and/or the manager of the said building; Provided always that the Landlord and/or the manager of the said building shall also have the full and unrestricted right and power from time to time and at any time without the same constituting an actual or constructive eviction of the Tenant and without incurring any liability to the Tenant therefor to designate redesignate reallocate and/or partition such part or parts of the common areas and/or the common services and facilities and (if any) the recreational areas and facilities on the said building for the use of any person or persons and at such charges (if any) as the Landlord and/or the manager of the said building may see fit and to erect install restrict and/or alter the arrangement and/or the location and/or the accessibility of the same and the Tenant shall not raise any objection thereto and shall not have any recourse or remedy in any manner whatsoever.

INTERPRETATION AND MISCELLANEOUS. Condonation Not a Waiver 10.1 No condoning, excusing, giving of time or overlooking by the Landlord of any default, breach or non-observance or non-performance by the Tenant at any time or times of any of the Tenant’s agreements, stipulations, terms, conditions and obligations herein contained shall operate as a waiver of the Landlord’s rights hereunder in respect of any continuing or subsequent default, breach or non-observance or nonperformance non-performance or so as to defeat or affect in any way the rights and remedies of the Landlord hereunder in respect of any such continuing or subsequent default or breach and no waiver by the Landlord shall be inferred from or implied by anything done or omitted by the Landlord unless expressed in writing and signed by the Landlord. Any consent given by the Landlord shall operate as a consent only for the particular matter to which it relates and in no way shall be considered , as a waiver or release of any of the provisions hereof nor shall it be construed as dispensing with the necessity of obtaining the specific written consent of the Landlord in the future in respect of similar or other matters unless expressly so provided. (a) The common areas referred to in this Agreement shall mean the following:- (i) Such parts of the said building as may be designated under the Deed, if any, in respect of the said building as common areas for use in common by the co-owners for the time being of the said building; and (ii) Such other parts of the said building as may from time to time and at any time be so designated by the Landlord and/or the manager of the said building; (b) The common services and facilities referred to in this Agreement shall mean the followingfollowing:- (i) Such services and facilities as may be designated under the Deed, if any, in respect of the said building as common services and facilities for the use in common by or benefit of the co-owners for the time being of the said building; and (ii) Such other services and facilities within the said building as may from time to time and at any time be so designated by the Landlord and/or the manager of the said building; Provided always that the Landlord and/or the manager of the said building shall also have the full and unrestricted right and power from time to time and at any time without the same constituting an actual or constructive eviction of the Tenant and without incurring any liability to the Tenant therefor to designate redesignate reallocate and/or partition such part or parts of the common areas and/or the common services and facilities and (if any) the recreational areas and facilities on the said building for the use of any person or persons and at such charges (if any) as the Landlord and/or the manager of the said building may see fit and to erect install restrict and/or alter the arrangement and/or the location and/or the accessibility of the same and the Tenant shall not raise any objection thereto and shall not have any recourse or remedy in any manner whatsoever.