Common use of Lessees Works Clause in Contracts

Lessees Works. 4.1. The Lessee shall have the right to perform the Lessee’s Works at the Facility during the entire Lease Period in the manner established by the Lease Agreement, at the same time the Lessee shall be responsible for the Facility preservation and undertakes to: 4.1.1. comply with the applicable laws of the Russian Federation, mandatory requirements of all authorities/agencies, the Lessor regarding the Facility in terms of the Lessee’s Works and the Lessee’s area of operational responsibility and/or use thereof, and shall observe and ensure compliance with the fire safety rules; 4.1.2. prior to the work commencement at the Facility, the Lessee shall submit to the Lessor for consideration and agree upon with the Lessor technical specification of the Lessee’s Work, including, inter alia, the work plan and schedule; indication of the removable (if arise in the course of the Lessee’s Works) or permanent nature of the improvements made; the Lessee shall also provide other documents reasonably requested by the Lessor and the information regarding the Lessee’s planned Works; 4.1.3. In case of performance of any Works of the Lessee, the Lessee shall obtain the consent of the Lessor (which consent shall not be unreasonably withheld); the said consent shall be provided within a period of no less than ten (10) business days and no more than twenty (20) business days upon the date of the request, subject to the Lessee’s submission of all necessary documentation, including, inter alia, the design documentation (except for the Lessee’s Works which performance is necessary and urgent due to threat to human life/health). The Lessor shall not be entitled to refuse coordination of the Lessee’s Works to the Lessee if the Lessee assumed the obligation before the Lease Period expiry to return the Facility in the condition existing prior to performance of the respective Works of the Lessee. The Lessee shall legitimize the alterations/re-equipment made by it, and shall do it using its own efforts and at its own expense (including making amendments to the data contained in the Unified State Register of Immovable Property, arranging cadastral registration, drafting the utility line diagrams, floor plans and the legends (if applicable)), and the Lessor shall vest the Lessee with necessary authority and be ready to render other required assistance therein; 4.1.4. eliminate or compensate the Lessor for damage caused to the Facility and/or other property of the Lessor by actions/omissions of the Lessee and/or by the Lessee-engaged persons (contractors and other persons admitted by the Lessee to the Facility). 4.1.5. if the Lessee’s Work requires special knowledge that the Lessor does not have, the Lessee shall compensate for the pre-agreed costs of review of the Lessee’s proposals regarding the Lessee’s Works, as well as for the pre-agreed costs related to the work acceptance and to supervision over the progress thereof.

Lessees Works. 4.1The Lessee shall carry out all works to be completed substantially in accordance with the Plans and will provide at the Lessee's own cost: (i) installation of Refrigeration equipment (excluding electrical to main panel which is Lessor's responsibility); (ii) installation of steel-racks and shelving; (iii) Computers,Cash Registers and Counters; (iv) Office Equipment & Furniture. (v) Sign Boards, internal partitions, offices and storerooms. [MAP OF SITE APPEARS HERE] [MAP OF SITE APPEARS HERE] SECOND SCHEDULE FIJI LEASE FIJI PUBLIC SERVICE ASSOCIATION a trade union duly registered under the Trade Union Act (Cap 96) (hereinafter called "the Lessor") hereby leases to CUL (FIJI) LIMITED a limited liability company having its registered office at Lautoka (hereinafter called "the Lessee") to be held by the Lessee as tenant for the period of ten (10) years commencing no later than the 1st day of January 1999 or if consent of the Minister of Lands is not obtained by that day then the 1st day of the 1st month following the date of the Minister of Land's consent at the monthly rental of $30,850.00 (thirty thousand eight hundred and fifty dollars) per month plus VAT payable on the 1st day of each and every month at the times and in the manner hereinafter provided for the initial period of 5 years and thereafter at a Fair Market Value rent to be agreed between the Lessor and the Lessee for the next 5 years which rent is to be determined in accordance with the procedure set out in clause 4 hereof if no agreement is reached the Lessor and the Lessee which rent in any event shall not be less than $30,850.00 per month TOGETHER WITH ALL THAT improvement by way of a supermarket complex (comprising a floor area of not less than 30,000 square feet) with car-park space for 90 vehicles constructed by the Lessor pursuant to an Agreement dated ____ day of _________, 1998 between the Lessor and Lessee situated on the south western part of the freehold land situated at Laucala Bay Road, Suva hereinafter referred to as "the demised premises" and identified in the Schedule hereto ON ALL THAT OR PARCEL OF LAND described as follows:- Area Title Number Description Island City A R P - ------------------------------------------------------------------------------------------------------- Lot 1 on Slightly in excess C. T. 24859 DP No. 6617 Vitilevu Suva of 1 acre - ------------------------------------------------------------------------------------------------------- ______________________________________________ Lodged by: YOUNG & ASSOCIATES, SOLICITORS, ___________________ No. ________________ LAUTOKA. FIJI. Registered __________ at _________________ _______________________________ Date ______________________ Registrar of Titles Documents: ________________ This Lease is subject to the following conditions, restrictions and covenants: 1. THE Lessee hereby agrees with the Lessor as follows: - (a) To pay the reserved rent Plus VAT in Suva to the Lessor or to such agent as it shall from time to time in writing direct; (b) To pay promptly all apportioned (according to the area utilized) Suva City Council rates, garbage fees, charges for electricity and water consumed on the demised premises and not to commit or permit any act or omission whereby the water or electricity supply shall be or become liable to be disconnected; (c) Subject to paragraph 3(h) hereof from time to time and at all times throughout the said term to uphold and maintain in good and tenantable repair the interior of the walls floors and ceilings but not if it relates to structural aspect thereof of the demised premises and the windows doors locks and fastenings thereof and (but without prejudice to the Lessee's obligations under paragraph (d) of this clause) the electrical water and sewerage installations therein and all the Lessor's fittings and fixtures in connection therewith (fair wear and tear and damage by fire storm earthquake or inevitable accident or strikes and riots or civil commotion or action of the States enemies (without neglect or wilful default of the Lessee) alone excepted and at the expiry or sooner determination of the said term to deliver up to the Lessor the demised premises in and tenantable repair save only as aforesaid; (d) At the expense of the Lessee to replace or repair all defective or broken circuit fuses, wall switches and lampholders in the electricity installations of the demised premises, promptly renew the washers or any leaking taps in the demised premises and repair and replace all broken glass including exterior windows in the premises; (e) Not to throw or permit to be thrown any rubbish or other substances or things out of any windows or doors of the demised premises or in or about other parts of the said building to which the Lessee shall have access or into any water closet or other water supply apparatus of the demised premises and not to do or permit any act whereby the exterior walls of the demised premises shall be discolored defaced or damaged; (f) To duly and promptly comply with all lawful notices and requirements of the relevant City Council; Medical; Health and other proper Public Authorities relating to the demised premises in respect of matters arising from the Lessee's neglect or default; (i) Not at any time to do or suffer any act or omission upon or about the demised premises which may render any increased or extra premium payable for the insurance of the said building against loss or damage by fire or which may make void or voidable any policy for such insurance; (ii) To keep the Lessor indemnified against all claims, actions, losses and expenses of any nature which the Lessor may suffer or incur or for which the Lessor may become liable in respect of: (1) The neglect or careless use or misuse by the Lessee or persons under the control of the Lessee of the demised premises or arising out of any faulty fixture or fitting of the Lessee; (2) Any accident or damage to property or any person arising from any occurrence in or near the demised premises wholly or in part by reason of any act or omission by the Lessee or persons under the control of the Lessee; (h) Not to suffer or permit any person or persons to carry out or permit to be carried on in or upon the demised premises any noise or offensive or immoral business trade calling or purpose nor create any nuisance thereon or do or suffer to be done any act matter or thing which shall or may be or may grow to the annoyance nuisance grievance damage or disturbance of the Lessor or occupiers of any adjoining lands or premises; (i) To permit the Lessor or its servants agents contractors or workmen at all reasonable times and on giving notice to the Lessee to enter into and upon the demised premises to view the state and condition thereof or for the purpose of executing repairs or renovations thereto or to any other part of the building of which the demised premises form part provided however that the Lessor its servants agents contractors or workmen shall not enter any strong-room cage or place in the demised premises where money securities or documents are kept unless accompanied by an officer of the Lessee and that the Lessor will use all reasonable endeavors to ensure that any repair or renovation work shall be carried out in a manner which will not unduly interfere with the Lessee's business; (j) The Lessee will not without the consent in writing of the Lessor bring upon the demised premises any machinery or plant or equipment unless reasonably necessary or proper for the conduct of the Lessees use of the demised premises as herein provided and in no event shall any such machinery plant or equipment be of such nature or size as to cause or in the reasonable opinion of the Lessor be likely to cause any structural or other damage to the floors or walls or any other parts of the demised premises or the common parts. Before bringing any such equipment upon the demised premises, or the common parts the Lessee shall inform the Lessor of the Lessee's intention so to do and the Lessor may direct the routing installation and location of all such machinery plant and equipment and the Lessee shall observe and comply with all such directions PROVIDED HOWEVER the Lessor acknowledges that not withstanding the foregoing, it will and does permit the Lessee to use heavy duty fork lifts on the demised premises or the common parts in the normal course of business; (k) The Lessee will not use or permit to be used the premises or any part thereof otherwise then as a supermarket; (l) The Lessee will not assign transfer demise sublet or part with or share the possession of or grant any license affecting or otherwise deal with or dispose of the demised premises or any part thereof or any act or deed procure the demised premises or any part thereof to be assigned transferred demised sublet shared or put into the possession of any person or persons without the consent in writing of the Lessor first had and obtained which consent shall not be reasonably or arbitrarily withheld where the assignee or sub-lessee is financially sound reputable and reliable and is able to provide a similar bank bond in respect of this Lease as set out in clause 13 hereof. 2. THE Lessor hereby agrees with the lessee as follows:- (a) Except as expressly made payable by the Lessee to duly and punctually pay all insurance premiums and other assessments and charges levied charged or imposed on the Lessor's said land and/or the building thereon or on the Lessor or occupier thereof in respect thereof; (b) The Lessee paying the rent hereby reserved and observing and performing all and singular the agreements and stipulations on the Lessee's part herein contained or implied shall peaceably hold and enjoy the demised premises during the said term of years without any interruption by the Lessor or any person rightfully claiming under or in trust for the Lessor; (c) The Lessor will keep in good and tenantable repair and condition the buildings on the demised premises so that the Lessee shall have the full and free use and benefit thereof and the demised premises and without limiting the generality of the foregoing the Lessor will at all times maintain in good condition and proper working order the water electrical sewerage and drainage installation in or serving the said buildings or the demised premises except in the case of a defect occasioned by the negligence or default of the Lessee; (d) The Lessee may at its option and at its own cost, paint the interior or exterior of the demised premises or any part thereof during the currency of the Lease; (e) The Lessor will insure and keep insured during the currency of this Lease all buildings on the demised premises for their full replacement value against all risks including (but not limited to) fire, malicious damage, hurricane and earthquake and shall apply all or any proceeds received under any policy of insurance towards reinstatement or repair of the buildings or any part thereof as hereafter provided. 3. IT is hereby agreed and declared by and between the parties hereto as follows:- (a) If the demised premises or any part thereof shall at any time during the continuance of this lease be partially destroyed or damaged by fire floods lighting storm tempest earthquake strikes riots civil commotion or action of the State's enemies but not to such an extent as to render the same unfit for the occupation and use of the Lessee then the Lessor will at Lessor's expense forthwith and with all reasonable speed reinstate the same and a fair and just proportion of the rent hereby reserved according to the nature and extent of the damage sustained shall be suspended and cease to be payable until the premises shall have been reinstated and made fit for the occupation and use of the Lessee and in the case of any dispute arising as to the amount of such abatement of rent the same shall be referred to arbitration under the provisions of the Arbitration Act; (b) In case the demised premises shall be destroyed or damaged by fire flood lightning storm tempest earthquake strikes riots civil commotion or action of the State's enemies to such an extent as to render the same wholly untenantable or if through the lawful act of any public authority the Lessee shall be deprived of the use and enjoyment of the demised premises then at the absolute option of the Lessee to be exercised in writing the Lease hereby created may immediately cease and determine but without prejudice to the rights of either party in respect of any antecedent breach or non-observance of any covenant or provisions hereof. If the Lessee does not so exercise the lessee right to determine this Lease within (6) six months from the date of entitlement or if it earlier notifies the Lessor of its desire not to so determine the Lease then this Lease shall continue for the remaining term and any renewal hereby granted in respect of the demised term premises. In that event the Lessee shall be entitled to construct such new building as it shall decide and the Lessor will apply or cause to be applied insurance proceeds received by or for it towards such cost of construction; (c) If the whole of the demised Premises, or if such portions of the facilities and building improvements comprising part of the demised Premises as may be required for the reasonable use of the Lessee's business, shall be taken by virtue of any condemnation or eminent domain proceeding, this Lease, at the option of the Lessee, shall automatically terminate as of the date of any final judgment entered under such condemnation, or as of the date possession is taken by the condemning authority, whichever is earlier. In the event the Lessee does not exercise such right to terminate this lease, this Lease shall continue and the Lessee shall continue in possession of the remainder of the demised Premises under the terms herein provided, except that the monthly rent payable herein shall be reduced in proportion to the amount of the land area of the demised Premises so taken. The Lessee shall have the right to perform recover from any condemning authority that portion of any award attributed to the Lessee’s Works at 's leasehold interest; (d) If and whenever the Facility during rent shall be in arrear and unpaid for twenty (21) days from the entire Lease Period in the manner established by the Lease Agreement, at due date the same time may be levied by distress; (e) Without prejudice to the rights power and remedies of the Lessor otherwise under this Agreement the Lessee shall be responsible for the Facility preservation and undertakes to: 4.1.1. comply with the applicable laws of the Russian Federation, mandatory requirements of all authorities/agencies, the Lessor regarding the Facility in terms of the Lessee’s Works and the Lessee’s area of operational responsibility and/or use thereof, and shall observe and ensure compliance with the fire safety rules; 4.1.2. prior to the work commencement at the Facility, the Lessee shall submit will pay to the Lessor interest at the rate of 13.5% per annum on any moneys including rent due but unpaid for consideration and agree upon with seven (7) days by the Lessee to the Lessor technical specification on any account whatsoever pursuant to this Agreement such interest to be computed from the due date for the payment of the Lessee’s Work, including, inter alia, moneys in respect of which the work plan interest is chargeable until payment of such moneys in full and schedule; indication to be recoverable in like manner as rent in arrears; (f) If the rent hereby reserved or any part thereof shall be in arrear and unpaid for the space of twenty-eight (28) days whether the same shall have been legally or formally demanded or not or if and whenever there shall be any breach or non-observance or non-performance of any stipulation condition or agreement herein on the part of the removable (if arise Lessee contained or implied it shall be lawful for the Lessor forthwith or at any time thereafter without making any demand or giving any notice or doing or seeing to the doing of any act matter or thing to re-enter upon and take possession of the demised premises or any part thereof in the course name of the Lessee’s Workswhole whereupon the term hereby created shall absolutely cease any rent due or accruing due hereunder or from liability for any antecedent breach of any stipulation agreement or condition hereunder; (g) or permanent nature of the improvements made; the Lessee shall also provide other documents reasonably requested That no waiver by the Lessor and of one breach of any covenant obligation or provision in this Lease contained or implied shall operate as a waiver of another breach of the information regarding the Lessee’s planned Workssame or of any other covenant obligation or provision in this Agreement contained or implied; 4.1.3. (h) In case of performance of any Works the event of the Lessee, Lessee holding over after the Lessee shall obtain expiration or sooner determination of the term hereby granted or any lawful renewal thereof with the consent of the Lessor (which consent shall not be unreasonably withheld); the said consent shall be provided within a period of no less than ten (10) business days and no more than twenty (20) business days upon the date of the request, subject to the Lessee’s submission of all necessary documentation, including, inter alia, the design documentation (except for the Lessee’s Works which performance is necessary and urgent due to threat to human life/health). The Lessor shall not be entitled to refuse coordination of the Lessee’s Works to the Lessee if the shall become a monthly Lessee assumed the obligation before the Lease Period expiry to return the Facility in the condition existing prior to performance of the respective Works of the Lessee. The Lessee shall legitimize the alterations/re-equipment made by it, and shall do it using its own efforts and at its own expense (including making amendments to the data contained in the Unified State Register of Immovable Property, arranging cadastral registration, drafting the utility line diagrams, floor plans and the legends (if applicable)), and the Lessor shall vest the Lessee with necessary authority and be ready to render other required assistance therein; 4.1.4. eliminate or compensate the Lessor for damage caused to the Facility and/or other property only of the Lessor by actions/omissions of the Lessee and/or by the Lessee-engaged persons (contractors and other persons admitted at a monthly rental equivalent to a monthly rent payable by the Lessee to hereunder after the Facility). 4.1.5. if the Lessee’s Work requires special knowledge that the Lessor does not have, the Lessee shall compensate for the pre-agreed costs expiration or sooner determination of review of the Lessee’s proposals regarding the Lessee’s Works, as well as for the pre-agreed costs related to the work acceptance and to supervision over the progress thereof.such term or renewal