Common use of Planning Acts Clause in Contracts

Planning Acts. (a) Not to do anything on or in connection with the Demised Premises the doing or omission of which shall be a contravention of the Planning Acts or of any regulations, notices, orders, licences, consents, permissions and conditions (if any) served, made, granted or imposed thereunder and to indemnify (as well after the expiration of the Term by effluxion of time or otherwise as during its continuance) and keep indemnified the Landlord against all actions, proceedings, damages, penalties, costs, charges, claims and demands in respect of such acts and omissions or any of them and against the costs of any application for planning permission, commencement notices, fire safety certificates and the works and things done in pursuance thereof to rectify any such acts or omissions; (b) In the event of the Landlord giving written consent to any of the matters in respect of which the Landlord’s consent shall be required under the provisions of this Lease or otherwise and in the event of permission or approval from any local authority under the Planning Acts being necessary for any addition, alteration or change in or to the Demised Premises or for the change of user thereof, to apply, at the cost of the Tenant, to the relevant local authority for all approvals, certificates, consents and permissions which may be required in connection therewith and to give notice to the Landlord of the granting or refusal (as the case may be) together with copies of all such approvals, certificates, consents and permissions forthwith on the receipt thereof and to comply with all conditions, regulations, bye laws and other matters prescribed by any competent authority either generally or specifically in respect thereof and (if commenced) to carry out such works at the Tenant’s own expense in a good and workmanlike manner to the satisfaction of the Landlord; (c) To give notice forthwith to the Landlord of any notice, order or proposal for a notice or order served on the Tenant under the Planning Acts and if so required by the Landlord to produce the same and at the request of the Landlord at the joint cost of the Tenant and the Landlord, to make or join in making such objections or representations in respect of any proposal as the Landlord may require; (d) To comply at its own cost with any notice or order served on the Tenant under the provisions of the Planning Acts; (e) Not to implement any planning permission before it and any necessary fire safety certificates have been produced to and approved in writing by the Landlord (such approval not to be unreasonably withheld or delayed) PROVIDED THAT the Landlord may refuse to approve such planning permission or fire safety certificate on the grounds that any condition contained in it or anything omitted from it or the period referred to in it would, in the opinion of the Landlord (acting reasonably), be or be likely to be, prejudicial to the Landlord’s interest in the Demised Premises or the Estate. In the event that the Tenant disputes that any condition contained in or anything omitted from or the period referred to in any such planning permission or fire safety certificate would be or be likely to be prejudicial to the Landlord’s interest in the Demised Premises then it may refer the matter to the Independent Surveyor who shall determine the matter within twenty (20) Working Days of the date of his appointment, whose appointment shall be valid and binding on the parties and whose costs shall be borne as he directs or by the party against whom he finds in the event of no such direction. In the event that the Independent Surveyor finds in favour of the Tenant the Landlord shall not be entitled to refuse approval of such planning permission or fire safety certificate on the grounds that they are prejudicial to the Landlord's interest in the Demised Premises or the Estate. (f) To produce to the Landlord on demand (but never more than once in a twelve (12) month period) all plans, documents and other evidence as the Landlord may reasonably require in order to satisfy itself that all of the provisions in this covenant have been complied with.

Appears in 2 contracts

Sources: Lease Agreement (Hubspot Inc), Lease Agreement (Hubspot Inc)

Planning Acts. (a) Not to do anything 3.28.1 To obtain so often as occasion shall require all planning permissions licences consents and approvals as may be required under the Planning Acts for the carrying out by the Tenant of any development on or in connection with the Demised Premises within the doing or omission of which shall be a contravention meaning of the Planning Acts or for the continuance thereof by the Tenant but so that the Tenant shall not make any application for planning permission or give any notice to any authority of an intention to commence or to carry out any regulations, notices, orders, licences, consents, permissions development without the previous consent of the Landlord (such consent not to be unreasonably withheld) and conditions so that the Tenant shall (if anyand insofar as it is lawful for the parties hereto to make such an arrangement) served, made, granted or imposed thereunder and to indemnify (as well after the expiration of the Term by effluxion of time or otherwise as during its continuance) and keep indemnified the Landlord against all actions, proceedings, damages, penalties, costs, charges, claims and demands in respect of such acts and omissions or any of them and against the costs of any application for planning permission, commencement notices, fire safety certificates and the works and things done in pursuance thereof to rectify any such acts or omissions; (b) In the event of the Landlord giving written consent to any of the matters in respect of which the Landlord’s consent shall be required under the provisions of this Lease or otherwise and in the event of permission or approval from any local authority under the Planning Acts being necessary for any addition, alteration or change in or to the Demised Premises or for the change of user thereof, to apply, at the cost of the Tenant, to the relevant local authority for all approvals, certificates, consents and permissions which may be required in connection therewith and to give notice to the Landlord of the granting or refusal (as the case may be) together with copies of all such approvals, certificates, consents and permissions forthwith on the receipt thereof and to comply with all conditions, regulations, bye laws and other matters prescribed by any competent authority either generally or specifically in respect thereof and (if commenced) to carry out such works at the Tenant’s own expense in a good and workmanlike manner to the satisfaction of the Landlord; (c) To give notice forthwith to the Landlord of any notice, order or proposal for a notice or order served on the Tenant under the Planning Acts and if so required by the Landlord to produce the same and at the request of the Landlord at the joint cost of the Tenant and the Landlord, to make or join in making such objections or representations charges payable in respect of any proposal as such application. 3.28.2 Forthwith after the grant of any planning permission or refusal of any application therefor made by the Tenant to give to the Landlord may require;full particulars in writing thereof and supply a copy thereof for the retention of the Landlord and in the case of a refusal of such an application or a grant subject to conditions which the Landlord considers unreasonable forthwith if the Landlord reasonably so requires at the Landlord’s expense to give notice of appeal thereof to the competent authority and to proceed diligently with such appeal and to keep the Landlord informed of the progress thereof. (d) To comply at its own cost with 3.28.3 Without prejudice to the provisions of any notice or order served on other covenant by the Tenant under the provisions of the Planning Acts; (e) Not this Lease not to implement any planning permission before it and any necessary fire safety certificates have until a copy of the same has been produced submitted to and approved in writing by the Landlord and acknowledged by it as satisfactory (such approval acknowledgement not to be unreasonably withheld or delayedwithheld) PROVIDED THAT Provided That the Landlord may refuse so to approve express its satisfaction with any such planning permission or fire safety certificate on the grounds ground that any provision or condition contained in it or anything omitted from it or the period referred to in it would, would in the reasonable opinion of the Landlord (acting reasonably), be or be likely to be, be (whether during the Term or following its determination) prejudicial to the Landlord’s interest in the Demised Premises or the Estate. In the event that the Tenant disputes that Building or any condition contained in adjoining or anything omitted from or the period referred to in any such planning permission or fire safety certificate would be or be likely to be prejudicial neighbouring property belonging to the Landlord’s interest . 3.28.4 To comply with all conditions imposed by any planning permission implemented by the Tenant during the Term and if the Landlord reasonably so requires where a planning permission is granted subject to conditions to provide adequate security for the compliance with such conditions on terms reasonably required by the Landlord in the form of a deposit of money or the provision of a bond prior to the implementation by the Tenant of such planning permission. 3.28.5 Unless the Landlord shall otherwise direct to carry out before the end or sooner determination of the Term (howsoever the same may be determined) any works stipulated to be carried out to the Demised Premises then it by a date subsequent to such end or sooner determination as a condition of any planning permission which may refer the matter have been granted to the Independent Surveyor who shall determine the matter within twenty (20) Working Days of the date of his appointment, whose appointment shall be valid and binding on the parties and whose costs shall be borne as he directs or been implemented by the party against whom he finds in Tenant or any person deriving title under the event of no such direction. In the event that the Independent Surveyor finds in favour of the Tenant the Landlord shall not be entitled to refuse approval of such planning permission or fire safety certificate on the grounds that they are prejudicial to the Landlord's interest in the Demised Premises or the EstateTenant. (f) To 3.28.6 If called upon so to do to produce to the Landlord on demand (but never more than once in a twelve (12) month period) all plans, plans documents and other evidence as the Landlord may reasonably require in order to satisfy itself that all of the provisions in of this covenant have been complied with. 3.28.7 Not without the consent of the Landlord to enter into any agreement under the Planning Acts. 3.28.8 Not without the consent of the Landlord to serve any notice under Planning Acts requiring any authority to purchase the interest of the Tenant in the Demised Premises.

Appears in 2 contracts

Sources: Lease Agreement (Vaccitech PLC), Lease (Vaccitech LTD)

Planning Acts. The Tenant shall: (a) Not to do anything on or in connection comply with the Demised Premises the doing or omission of which shall be a contravention of the Planning Acts or in relation to the Property, any operations carried out at the Property and its use and not commit any breach of any regulations, notices, orders, licences, consents, permissions and conditions (if any) served, made, granted or imposed thereunder and to indemnify (as well after the expiration of the Term by effluxion of time or otherwise as during its continuance) and keep indemnified the Landlord against all actions, proceedings, damages, penalties, costs, charges, claims and demands in respect of such acts and omissions or any of them and against the costs of any application for planning permission, commencement notices, fire safety certificates and the works and things done in pursuance thereof to rectify any such acts or omissionscontrol; (b) In obtain from the event of the Landlord giving written consent to any of the matters in respect of which the Landlord’s consent shall be required under the provisions of this Lease or otherwise and in the event of local planning authority planning permission or approval from any local authority under the Planning Acts being necessary for any addition, alteration or change in or to the Demised Premises or for the change carrying out of user thereof, to apply, at any operation on the cost Property or the institution or continuance of the Tenant, to the relevant local authority for all approvals, certificates, consents and permissions any use which may be required in connection therewith and to give notice to constitute development within the Landlord of the granting or refusal (as the case may be) together with copies of all such approvals, certificates, consents and permissions forthwith on the receipt thereof and to comply with all conditions, regulations, bye laws and other matters prescribed by any competent authority either generally or specifically in respect thereof and (if commenced) to carry out such works at the Tenant’s own expense in a good and workmanlike manner to the satisfaction of the Landlord; (c) To give notice forthwith to the Landlord of any notice, order or proposal for a notice or order served on the Tenant under the Planning Acts and if so required by the Landlord to produce the same and at the request of the Landlord at the joint cost of the Tenant and the Landlord, to make or join in making such objections or representations in respect of any proposal as the Landlord may require; (d) To comply at its own cost with any notice or order served on the Tenant under the provisions meaning of the Planning Acts; (ec) Not to implement not make any application for planning permission before it and any necessary fire safety certificates have been produced to and approved in writing by without the prior consent of the Landlord (to the making of the application such approval consent not to be unreasonably withheld or delayed; (d) PROVIDED THAT forthwith after the grant or refusal of any application, give the Landlord a copy of the permission or the refusal; (e) not make any alteration or addition to or change of use of the Property (being an alteration or addition or change of use which is prohibited by this Lease or for which the consent of the Landlord must be obtained under this Lease and for which a planning permission must be obtained) before planning permission for it has been produced to the Landlord and acknowledged by the Landlord as satisfactory to it such acknowledgement not to be unreasonably withheld or delayed but so that the Landlord may refuse to approve such express satisfaction with the planning permission or fire safety certificate on the grounds that any condition anything contained in it or anything omitted from it or the period referred to in it would, in the opinion of the Landlord (acting reasonably), be or be likely to be, prejudicial to the Landlord’s interest in the Demised Premises or the Estate. In the event that the Tenant disputes that any condition contained in or anything omitted from or the period referred to in any such planning permission or fire safety certificate would be or be likely to be prejudicial to the Landlord’s interest in the Demised Premises then it may refer the matter to the Independent Surveyor who shall determine the matter within twenty (20) Working Days of the date of his appointment, whose appointment shall be valid and binding on the parties and whose costs shall be borne as he directs or by the party against whom he finds in the event of no such direction. In the event that the Independent Surveyor finds in favour of the Tenant the Landlord shall not be entitled to refuse approval of such planning permission or fire safety certificate on the grounds that they are prejudicial to the Landlord's interest in the Demised Premises Property during the Term or after the Estate.End of the Term; (f) To produce pay any charge imposed under the Planning Acts in respect of the carrying out of any operation or the institution or continuance of any use; (g) unless the Landlord directs otherwise, carry out before the End of the Term all works required to be carried out as a condition of any planning permission which may have been granted and implemented during the Term whether or not the date by which the planning permission requires those works to be carried out falls within the Term; (h) pay to the Landlord on demand a fair proportion of any compensation received by the Tenant because of a restriction on the use of the Property under the Planning Acts, any dispute as to the proportion to be referred to arbitration; (but never more than once in a twelve (12i) month period) produce to the Landlord all plansdrawings, documents and other evidence as required by the Landlord may reasonably require in order to satisfy itself that all of the provisions in this covenant have sub-clause has been complied with; (j) not implement any planning permission (which contains a requirement for works the cost of which exceed (pound)50,000) without providing security where reasonably required by the Landlord for compliance with the conditions imposed by that permission; (k) not serve any purchase notice under the Planning Acts requiring any authority to purchase the Tenant's interest in the Property without first offering to surrender this Lease at the price which might reasonably be expected to be obtained from the authority under the purchase notice, any dispute as to the amount of the price to be referred to arbitration; (l) at the request of the Landlord and at the cost of the Landlord to make or join in making any planning application required by the Landlord and not make any objection or adverse representation in respect of any planning application made by or with the consent of the Landlord. In this sub-clause "OPERATION" and "DEVELOPMENT" each includes works to any listed building which are prohibited by the Planning Acts unless authorised by them and "planning permission" includes listed building consent.

Appears in 1 contract

Sources: Lease (Niagara Corp)

Planning Acts. (a) Not to do anything on or in connection To comply with the Demised Premises the doing or omission of which shall be a contravention provisions and requirements of the Planning Acts or and of any regulations, notices, orders, licences, consents, planning permissions and conditions (if any) served, made, granted relating to or imposed thereunder affecting the Demised Premises and to indemnify (as well after the expiration of the Term by effluxion of time or otherwise as during its continuance) and keep indemnified the Landlord indemnified against all actions, proceedings, damagesclaim, penaltiesdemands, losses, costs, chargesexpenses, claims damages and demands liability whatsoever in respect of such acts and omissions or any of them and against the costs of any application for planning permission, commencement notices, fire safety certificates and the works and things done in pursuance thereof to rectify any such acts or omissionsnon-compliance; (b) In the event of the Landlord giving written consent Not to make any of the matters application for planning permission in respect of which the Landlord’s consent shall be required under the provisions of this Lease or otherwise and in the event of permission or approval from any local authority under the Planning Acts being necessary for any addition, alteration or change in or to the Demised Premises without the prior written consent of the Landlord, such consent not to be unreasonably withheld or for delayed; (c) At the change of user thereof, to apply, at the cost expense of the Tenant, to the relevant local authority for obtain and, if appropriate, to renew all approvals, certificates, planning permissions and any other consents and permissions to serve all necessary notices required for the carrying out by the Tenant of any operations or the commencement or continuance of any use on die Demised Premises which may be required in connection therewith and to give notice to the Landlord of the granting or refusal (as the case may be) together with copies of all such approvals, certificates, consents and permissions forthwith on the receipt thereof and to comply with all conditions, regulations, bye laws and other matters prescribed by any competent authority either generally or specifically in respect thereof and (if commenced) to carry out such works at the Tenant’s own expense in a good and workmanlike manner to the satisfaction of the Landlord; (c) To give notice forthwith to the Landlord of any notice, order or proposal for a notice or order served on the Tenant under the Planning Acts and if so required by the Landlord to produce the same and at the request of the Landlord at the joint cost of the Tenant and the Landlord, to make or join in making such objections or representations in respect of any proposal as the Landlord may requireconstitute Development; (d) To comply at its own cost with pay and satisfy any notice charge or order served levy imposed under the Planning Acts in respect of any development by the Tenant on the Tenant under the provisions of the Planning Acts;Demised Premises, (e) Not to implement any planning permission permission. before it and any necessary fire safety certificates have has been produced to and approved in writing by the Landlord (Landlord, such approval not to be unreasonably withheld or delayed; (f) PROVIDED THAT Unless the Landlord may refuse shall otherwise direct in writing, to approve such planning permission carry out and complete before the expiration or fire safety certificate on the grounds that any condition contained in it or anything omitted from it or the period referred to in it would, in the opinion sooner determination of the Landlord Term;- (acting reasonably), i) any works required to be or be likely carried out to be, prejudicial to the Landlord’s interest in the Demised Premises or as a condition of any planning permission granted during the Estate. In the event that Term and implemented by the Tenant disputes that any condition contained in whether or anything omitted from or not the period referred to in any such date by which the planning permission or fire safety certificate would be or be likely requires such works to be prejudicial to carried out is within the Landlord’s interest in Term; and (ii) any Development begun upon the Demised Premises then it may refer the matter to the Independent Surveyor who shall determine the matter within twenty (20) Working Days in respect of the date of his appointment, whose appointment shall be valid and binding on the parties and whose costs shall be borne as he directs or by the party against whom he finds in the event of no such direction. In the event that the Independent Surveyor finds in favour of the Tenant which the Landlord shall not or may be entitled to refuse approval of such planning permission or fire safety certificate on become liable for any charge or levy under the grounds that they are prejudicial to the Landlord's interest in the Demised Premises or the Estate.Planning Acts, (fg) To produce to the Landlord on within, 21 days of receipt of a written demand (but never more than once in a twelve (12) month period) all plans, documents and other evidence as the Landlord may reasonably require in order to satisfy itself that all of the provisions in of this covenant clause have been complied with.;

Appears in 1 contract

Sources: Assignment Agreement (Viewlocity Inc)

Planning Acts. In relation to the Planning Acts (aby which expression it is intended herein to designate the Local Government (Planning and Development) Acts 1963 to 1995, hereinafter referred to as "the Planning Acts") and any statutory modification or re-enactment thereof for the time being in force and any Regulations or Orders made or having effect thereunder):- 5.17.1 Not to do or permit or suffer to be done or omitted anything on or in connection with the Demised Premises Premises, the doing or omission of which shall be a contravention of the Planning Acts or of any regulations, notices, orders, licenceslicenses, consents, permissions and or conditions (if any) served, made, granted or imposed thereunder or under any enactment repealed thereby and to indemnify (as well after the expiration of the Term by effluxion of time or otherwise as during its continuance) and keep indemnified the Landlord against all actions, proceedings, damages, penalties, costs, charges, claims and demands in respect of such acts and omissions or any of them and against the costs of any application applications for planning permission, commencement notices, fire safety certificates Planning Permission and the works and things done in pursuance thereof to rectify any such acts or omissions;thereof. (b) 5.17.2 In the event of the Landlord giving written consent to any of the matters in respect of which the Landlord’s 's consent shall be required under the provisions of this Lease Agreement or otherwise and in the event of permission or approval permissions from any local authority the Planning Authority under the Planning Acts being necessary for any the said erection, addition, alteration or change in or to the Demised Premises or for the change of user thereof, thereof to apply, apply at the cost of the Tenant, Tenant to the relevant local authority Planning Authorities for all approvals, certificates, consents and permissions which may be required in connection therewith and to give notice to the Landlord of the granting or refusal (as the case may be) together with copies of all such approvals, certificates, consents and permissions forthwith on the receipt thereof and to comply with all conditions, regulations, bye laws and other matters prescribed by any competent authority either generally PROVIDED ALWAYS that no application for permission or specifically in respect thereof and (if commenced) to carry out such works at for consent for change of user shall be made without the Tenant’s own expense in a good and workmanlike manner to the satisfaction prior written consent of the Landlord;, such consent not to be unreasonably withheld or delayed. (c) 5.17.3 In the event of the said Planning Authority agreeing to grant the desired Planning Permission with modifications or subject to conditions to give the Landlord forthwith full particulars of such modifications or such conditions AND if such modifications or such conditions shall in the reasonable opinion of the Landlord be undesirable on the grounds that they adversely affect the Landlord's reversion in the Demised Premises then unless it shall be decided otherwise or on arbitration as hereinafter provided the Tenant shall not proceed with the works or change of user to which the application related. 5.17.4 To give notice forthwith to the Landlord of any notice, notice order or proposal for a notice or order served on the Tenant under the Planning Acts and if so required by the Landlord to produce the same and at the request of the Landlord at the joint cost of the Tenant and the Landlord, to make or join in making such reasonable objections or representations in respect of any proposal as the Landlord may require;. (d) 5.17.5 To comply at its own cost with any notice or order served on the Tenant under the provisions of the Planning Acts; (e) Not to implement any planning permission before it and any necessary fire safety certificates have been produced to and approved Acts in writing by the Landlord (such approval not to be unreasonably withheld or delayed) PROVIDED THAT the Landlord may refuse to approve such planning permission or fire safety certificate on the grounds that any condition contained in it or anything omitted from it or the period referred to in it would, in the opinion of the Landlord (acting reasonably), be or be likely to be, prejudicial relation to the Landlord’s interest in the Demised Premises or the Estate. In the event that the Tenant disputes that any condition contained in or anything omitted from or the period referred to in any such planning permission or fire safety certificate would be or be likely to be prejudicial to the Landlord’s interest in the Demised Premises then it may refer the matter to the Independent Surveyor who shall determine the matter within twenty (20) Working Days of the date of his appointment, whose appointment shall be valid and binding on the parties and whose costs shall be borne as he directs or by the party against whom he finds in the event of no such direction. In the event that the Independent Surveyor finds in favour of the Tenant the Landlord shall not be entitled to refuse approval of such planning permission or fire safety certificate on the grounds that they are prejudicial to the Landlord's interest in the Demised Premises or the EstatePremises. (f) To 5.17.6 If and when called upon to do so, to produce to the Landlord on demand (but never more than once in a twelve (12) month period) or his surveyor all such plans, documents and other evidence as the Landlord may reasonably require in order to satisfy itself himself that all of the provisions in of this covenant sub clause have been complied withwith in all respects.

Appears in 1 contract

Sources: 25 Year Lease (Worldport Communications Inc)

Planning Acts. (a) 4.23.1 Not to do or omit or permit to be done or omitted anything on or in connection with the Demised Premises the doing or omission of which shall be a contravention of the Planning Acts and / or the Building Regulations, or of any regulations, notices, orders, licences, consents, permissions and conditions (if any) served, made, granted or imposed thereunder or under any enactment repealed thereby and to indemnify (as well after the expiration of the Term by effluxion of time or otherwise as during its continuance) and keep indemnified the Landlord against all actions, proceedings, damages, penalties, costs, charges, claims and demands in respect of such acts and omissions or any of them and against the costs of any application for planning permission, commencement notices, fire safety certificates Planning Permissions obtained by the Tenant and the works and things done in pursuance thereof to rectify any such acts or omissions;thereof. (b) 4.23.2 In the event of the Landlord giving written consent to any of the matters in respect of which the Landlord’s consent shall be required under the provisions of this Lease or otherwise and in the event of permission or approval from any local authority Planning Authority under the Planning Acts and / or the Building Regulations being necessary for any additionadditions, alteration alterations, or change changes in or to the Demised Premises or for the change of user thereof, thereof or for any development for which such consent has been sought and obtained to apply, apply at the cost of the Tenant, Tenant to the relevant local authority for all approvals, certificates, consents and permissions which may be required in connection therewith and to give notice to the Landlord of the granting or refusal (as the case may be) together with copies of all such approvals, certificates, consents and permissions forthwith on the receipt thereof and to comply with all conditions, regulations, bye bye-laws and other matters prescribed by any competent authority either generally or specifically in respect thereof and (if commenced) to carry out such works at the Tenant’s own expense in a good and workmanlike manner to the reasonable satisfaction of the Landlord and without prejudice to the generality of the foregoing or to any other obligation of the Tenant or any other requirement of the Landlord promptly furnish to the Landlord: (a) a copy of any commencement notice or 7 day notice (including if reasonably required by the Landlord all plans, documents, calculations, specifications, particulars, certificates and notices accompanying it) filed with or given to the building control or other competent authority in accordance with the Building Regulations; (b) any application for a fire safety certificate and/or disability access certificate (or other certificate under the Building Regulations) for its prior approval (which approval shall not, subject to the provisions of clause 4.6 be unreasonably withheld or delayed); (c) any fire safety certificate and disability access certificate (or other certificate under the Building Regulations) issued; (d) within one month of the practical completion of the works a certificate of opinion of compliance by a member of the Royal Institute of Architects in Ireland or Engineers Ireland (or any successor or substituted body of either) that the design and construction of the works or (as applicable) the change of use comply with the Planning Acts (including Building Regulations) and that all such works and/or change of use have been carried out in substantial compliance with the plans lodged with the relevant applications for planning permission, a fire safety certificate and/or as applicable disability access certificate as amended by any conditions imposed by the planning authority or building control or other competent authority; and (e) a certified copy of the Certificate of Compliance on Completion (including if reasonably required by the Landlord, all plans, documents, calculations, specifications, particulars and inspection plan(s) accompanying it) submitted to the building control or other competent authority in accordance with the Building Regulations together with evidence that the particulars relating to such Certificate have been entered by the building control or other competent authority on the relevant register maintained under the Building Regulations. 4.23.3 To give notice forthwith to the Landlord of any notice, notice order or proposal for a notice or order served on the Tenant under the Planning Acts and / or the Building Regulations and if so required by the Landlord to produce the same and at the request of the Landlord at and the joint cost of the Tenant and the Landlord, to make or join in making such objections or representations in respect of any proposal proposals as the Landlord may require;. (d) 4.23.4 To comply at its own cost with any notice notices or order orders served on the Tenant in respect of matters for which the Tenant its servants or agents are responsible hereunder and to comply with all conditions attached to any permission granted under the provisions of the Planning Acts;Acts and / or the Building Regulations. (e) 4.23.5 Not to implement any planning permission before it and any necessary fire safety certificates have been produced to and approved in writing by the Landlord (such approval not to be unreasonably withheld or delayed) PROVIDED THAT the Landlord may refuse to approve such planning permission or fire safety certificate on the grounds that any condition contained in it or anything omitted from it or the period referred to in it would, in the opinion of the Landlord (acting reasonably), be or be likely to be, prejudicial to the Landlord’s interest in the Demised Premises or the Estate. In the event that the Tenant disputes that any condition contained in or anything omitted from or the period referred to in any such planning permission or fire safety certificate would be or be likely to be prejudicial to the Landlord’s interest in the Demised Premises then it may refer the matter to the Independent Surveyor who shall determine the matter within twenty (20) Working Days of the date of his appointment, whose appointment shall be valid and binding on the parties and whose costs shall be borne as he directs or by the party against whom he finds in the event of no such direction. In the event that the Independent Surveyor finds in favour of the Tenant the Landlord shall not be entitled to refuse approval of such planning permission or fire safety certificate on the grounds that they are prejudicial to the Landlord's interest in the Demised Premises or the Estate. (f) To 4.23.6 If and when called upon to do so to produce to the Landlord on demand (but never more than once in a twelve (12) month period) or its surveyors all such plans, documents and other evidence as the Landlord may reasonably require in order to satisfy itself that all of the provisions in of this covenant clause 4.23 have been complied withwith in all respects.

Appears in 1 contract

Sources: Lease (Horizon Pharma PLC)

Planning Acts. The Tenant shall: (a) Not to do anything on or in connection comply with the Demised Premises the doing or omission of which shall be a contravention of the Planning Acts or in relation to the Property, any operations carried out at the Property and its use and not commit any breach of any regulations, notices, orders, licences, consents, permissions and conditions (if any) served, made, granted or imposed thereunder and to indemnify planning control (as well after defined in the expiration of the Term by effluxion of time or otherwise as during its continuance) and keep indemnified the Landlord against all actions, proceedings, damages, penalties, costs, charges, claims and demands in respect of such acts and omissions or any of them and against the costs of any application for planning permission, commencement notices, fire safety certificates and the works and things done in pursuance thereof to rectify any such acts or omissionsPlanning Acts); (b) In obtain from the event of the Landlord giving written consent to any of the matters in respect of which the Landlord’s consent shall be required under the provisions of this Lease or otherwise and in the event of local planning authority planning permission or approval from any local authority under the Planning Acts being necessary for any addition, alteration or change in or to the Demised Premises or for the change carrying out of user thereof, to apply, at any operation on the cost Property or the institution or continuance of the Tenant, to the relevant local authority for all approvals, certificates, consents and permissions any use which may be required in connection therewith and to give notice to constitute development within the Landlord of the granting or refusal (as the case may be) together with copies of all such approvals, certificates, consents and permissions forthwith on the receipt thereof and to comply with all conditions, regulations, bye laws and other matters prescribed by any competent authority either generally or specifically in respect thereof and (if commenced) to carry out such works at the Tenant’s own expense in a good and workmanlike manner to the satisfaction of the Landlord; (c) To give notice forthwith to the Landlord of any notice, order or proposal for a notice or order served on the Tenant under the Planning Acts and if so required by the Landlord to produce the same and at the request of the Landlord at the joint cost of the Tenant and the Landlord, to make or join in making such objections or representations in respect of any proposal as the Landlord may require; (d) To comply at its own cost with any notice or order served on the Tenant under the provisions meaning of the Planning Acts; (ec) Not to implement not make any application for planning permission before it and any necessary fire safety certificates have been produced to and approved in writing by without the Landlord Landlord's prior consent (such approval which shall not to be unreasonably withheld or delayed) PROVIDED THAT to the making of the application, indemnify the Landlord against all charges payable in respect of the application and repay to the Landlord all reasonable and proper professional fees and expenses properly incurred by the Landlord in connection with the application; (d) forthwith after the grant or refusal of any application give the Landlord a copy of the permission or the refusal; (e) not make any alteration or addition to or change of use of the Property (being an alteration or addition or change of use which is prohibited by or for which the consent of the Landlord must be obtained under this Lease and for which a planning permission must be obtained) before planning permission for it has been produced to the Landlord and acknowledged by the Landlord as satisfactory to it but so that the Landlord may refuse to approve such express satisfaction with the planning permission or fire safety certificate on the grounds that any condition anything contained in it or anything omitted from it or the period referred to in it would, in the reasonable opinion of the Landlord (acting reasonably), be or be likely to be, prejudicial to the Landlord’s interest in the Demised Premises or the Estate. In the event that the Tenant disputes that any condition contained in or anything omitted from or the period referred to in any such planning permission or fire safety certificate would be or be likely to be prejudicial to the Landlord’s interest in the Demised Premises then it may refer the matter to the Independent Surveyor who shall determine the matter within twenty (20) Working Days of the date of his appointment, whose appointment shall be valid and binding on the parties and whose costs shall be borne as he directs or by the party against whom he finds in the event of no such direction. In the event that the Independent Surveyor finds in favour of the Tenant the Landlord shall not be entitled to refuse approval of such planning permission or fire safety certificate on the grounds that they are materially prejudicial to the Landlord's interest in the Demised Premises Property during the Term or after the Estate.End of the Term such acknowledgement from the Landlord shall not be unreasonably delayed; (f) To pay any charge imposed under the Planning Acts in respect of the carrying out of any operation or the institution or continuance of any use; (g) unless the Landlord directs otherwise, carry out before the End of the Term all works required to be carried out as a condition of any planning permission which may have been granted and implemented during the Term whether or not the date by which the planning permission requires those works to be carried out falls within the Term; (h) pay to the Landlord within 14 days of written demand a fair and reasonable proportion of any compensation received by the Tenant because of a restriction on the use of the Property under the Planning Acts, any dispute as to the proportion to be referred to arbitration; (i) produce to the Landlord on demand (but never more than once in a twelve (12) month period) all plansdrawings, documents and other evidence as reasonably required by the Landlord may reasonably require in order to satisfy itself that all of the provisions in this covenant have sub- clause has been complied with.; (j) not implement any planning permission without providing reasonable security if reasonably required for compliance with the conditions imposed by that permission; (k) not serve any purchase notice under the Planning Acts requiring any authority to purchase the Tenant's interest in the Property without first offering to surrender this Lease at the price which might reasonably be expected to be obtained from the authority under the purchase notice, any dispute as to the amount of the price to be referred to arbitration; (l) not to make any objection or adverse representation in respect of any planning application made by or with the consent of the Landlord: (i) within 12 months before the date specified in clause 15 of this Lease if the Tenant has served the notice referred to in that clause; or

Appears in 1 contract

Sources: Agreement for Lease (Exodus Communications Inc)

Planning Acts. The Tenant shall: (a) Not to do anything on or in connection comply with the Demised Premises Planning Acts in relation to the doing Property, any operations carried out at the Property and its use and not commit any breach of planning control (as defined in the Planning Acts); (b) obtain from the local planning authority planning permission for the carrying out of any operation on the Property or omission the institution or continuance of any use which shall be a contravention may constitute development within the meaning of the Planning Acts or of any regulations, notices, orders, licences, consents, permissions and conditions Acts; (if anyc) served, made, granted or imposed thereunder and to indemnify (as well after the expiration of the Term by effluxion of time or otherwise as during its continuance) and keep indemnified the Landlord against all actions, proceedings, damages, penalties, costs, charges, claims and demands in respect of such acts and omissions or any of them and against the costs of not make any application for planning permission, commencement notices, fire safety certificates and the works and things done in pursuance thereof to rectify any such acts or omissions; (b) In the event of the Landlord giving written consent to any of the matters in respect of which permission without the Landlord’s 's prior consent (which shall be required under the provisions of this Lease or otherwise and in the event of permission or approval from any local authority under the Planning Acts being necessary for any addition, alteration or change in or to the Demised Premises or for the change of user thereof, to apply, at the cost of the Tenant, to the relevant local authority for all approvals, certificates, consents and permissions which may be required in connection therewith and to give notice to the Landlord of the granting or refusal (as the case may be) together with copies of all such approvals, certificates, consents and permissions forthwith on the receipt thereof and to comply with all conditions, regulations, bye laws and other matters prescribed by any competent authority either generally or specifically in respect thereof and (if commenced) to carry out such works at the Tenant’s own expense in a good and workmanlike manner to the satisfaction of the Landlord; (c) To give notice forthwith to the Landlord of any notice, order or proposal for a notice or order served on the Tenant under the Planning Acts and if so required by the Landlord to produce the same and at the request of the Landlord at the joint cost of the Tenant and the Landlord, to make or join in making such objections or representations in respect of any proposal as the Landlord may require; (d) To comply at its own cost with any notice or order served on the Tenant under the provisions of the Planning Acts; (e) Not to implement any planning permission before it and any necessary fire safety certificates have been produced to and approved in writing by the Landlord (such approval not to be unreasonably withheld or delayed) PROVIDED THAT to the making of the application, indemnify the Landlord against all charges payable in respect of the application and repay to the Landlord all reasonable and proper professional fees and expenses properly incurred by the Landlord in connection with the application; (d) forthwith after the grant or refusal of any application give the Landlord a copy of the permission or the refusal; (e) not make any alteration or addition to or change of use of the Property (being an alteration or addition or change of use which is prohibited by or for which the consent of the Landlord must be obtained under this Lease and for which a planning permission must be obtained) before planning permission for it has been produced to the Landlord and acknowledged by the Landlord as satisfactory to it but so that the Landlord may refuse to approve such express satisfaction with the planning permission or fire safety certificate on the grounds that any condition anything contained in it or anything omitted from it or the period referred to in it would, in the reasonable opinion of the Landlord (acting reasonably), be or be likely to be, prejudicial to the Landlord’s interest in the Demised Premises or the Estate. In the event that the Tenant disputes that any condition contained in or anything omitted from or the period referred to in any such planning permission or fire safety certificate would be or be likely to be prejudicial to the Landlord’s interest in the Demised Premises then it may refer the matter to the Independent Surveyor who shall determine the matter within twenty (20) Working Days of the date of his appointment, whose appointment shall be valid and binding on the parties and whose costs shall be borne as he directs or by the party against whom he finds in the event of no such direction. In the event that the Independent Surveyor finds in favour of the Tenant the Landlord shall not be entitled to refuse approval of such planning permission or fire safety certificate on the grounds that they are materially prejudicial to the Landlord's interest in the Demised Premises Property during the Term or after the Estate. End of the Term such acknowledgement from the Landlord shall not be unreasonably delayed; (f) To pay any charge imposed under the Planning Acts in respect of the carrying out of any operation or the institution or continuance of any use; (g) unless the Landlord directs otherwise, carry out before the End of the Term all works required to be carried out as a condition of any planning permission which may have been granted and implemented during the Term whether or not the date by which the planning permission requires those works to be carried out falls within the Term; (h) pay to the Landlord within 14 days of written demand a fair and reasonable proportion of any compensation received by the Tenant because of a restriction on the use of the Property under the Planning Acts, any dispute as to the proportion to be referred to arbitration; (i) produce to the Landlord on demand (but never more than once in a twelve (12) month period) all plansdrawings, documents and other evidence as reasonably required by the Landlord may reasonably require in order to satisfy itself that all of the provisions in this covenant have sub- clause has been complied with; (j) not implement any planning permission without providing reasonable security if reasonably required for compliance with the conditions imposed by that permission; (k) not serve any purchase notice under the Planning Acts requiring any authority to purchase the Tenant's interest in the Property without first offering to surrender this Lease at the price which might reasonably be expected to be obtained from the authority under the purchase notice, any dispute as to the amount of the price to be referred to arbitration; (l) not to make any objection or adverse representation in respect of any planning application made by or with the consent of the Landlord: (i) within 12 months before the date specified in clause 15 of this Lease if the Tenant has served the notice referred to in that clause; or (ii) within 12 months before the End of the Term unless the Tenant has exercised its rights to take a new lease under the provisions of the Landlord and ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇; and in either case this clause shall not prevent the Tenant making such objections if it is entitled to do so under a lease of another Unit on the Estate.

Appears in 1 contract

Sources: Agreement for Lease (Exodus Communications Inc)

Planning Acts. (a) Not to do anything To obtain so often as Occasion shall require all planning permissions licences consents and approvals as may be required under the Planning Acts for the carrying out by the Tenant of any development on or in connection with the Demised Premises within the doing or omission of which shall be a contravention meaning of the Planning Acts or for the continuance thereof by the Tenant but so that the Tenant shall not make any application for planning permission or give any notice to any authority of an intention to commence or to carry Out any regulations, notices, orders, licences, consents, permissions development without the previous consent of the Landlord and conditions so that the Tenant shall (if anyand insofar as it is lawful for the parties hereto to make such an arrangement) served, made, granted or imposed thereunder and to indemnify (as well after the expiration of the Term by effluxion of time or otherwise as during its continuance) and keep indemnified the Landlord against all actions, proceedings, damages, penalties, costs, charges, claims and demands charges payable in respect of such acts and omissions or any of them and against the costs of any application for planning permission, commencement notices, fire safety certificates and the works and things done in pursuance thereof to rectify any such acts or omissions;application (b) In Forthwith after the event grant of any pleating permission or refusal of any application therefor made by the Tenant to give to the Landlord full particulars in writing thereof and supply a copy thereof for the retention of the Landlord giving written consent and in the case of a refusal of such an application or a grant subject to any of conditions which the matters in respect of which Landlord considers unreasonable forthwith if the Landlord reasonably so requires at the Landlord’s consent shall be required under the provisions of this Lease or otherwise and in the event of permission or approval from any local authority under the Planning Acts being necessary for any addition, alteration or change in or to the Demised Premises or for the change of user thereof, to apply, at the cost of the Tenant, to the relevant local authority for all approvals, certificates, consents and permissions which may be required in connection therewith and expense to give notice of appeal thereof to the competent authority and to proceed diligently with such appeal and to keep the Landlord informed of the granting or refusal (as the case may be) together with copies of all such approvals, certificates, consents and permissions forthwith on the receipt thereof and to comply with all conditions, regulations, bye laws and other matters prescribed by any competent authority either generally or specifically in respect thereof and (if commenced) to carry out such works at the Tenant’s own expense in a good and workmanlike manner to the satisfaction of the Landlord;progress thereof (c) To give notice forthwith Without prejudice to the Landlord provisions of any notice, order or proposal for a notice or order served on other covenant by the Tenant under the Planning Acts and if so required by the Landlord to produce the same and at the request of the Landlord at the joint cost of the Tenant and the Landlord, to make or join in making such objections or representations in respect of any proposal as the Landlord may require; (d) To comply at its own cost with any notice or order served on the Tenant under the provisions of the Planning Acts; (e) Not this Lease not to implement any planning permission before it and any necessary fire safety certificates have until a copy of the same has been produced submitted to and approved in writing by the Landlord and acknowledged by it as satisfactory (such approval acknowledgement not to be unreasonably withheld or delayedwithheld) PROVIDED THAT Provided That the Landlord may refuse so to approve express its satisfaction with any such planning permission or fire safety certificate on the grounds ground that any provision or condition contained in it or anything omitted from it or the period referred to in it would, would in the reasonable opinion of the Landlord (acting reasonably), be or be likely to be, be (whether during the Term or following its determination) prejudicial to the Landlord’s interest in the Demised Premises or the Estate. In the event that the Tenant disputes that Building or any condition contained in adjoining or anything omitted from or the period referred to in any such planning permission or fire safety certificate would be or be likely to be prejudicial neighbouring property belonging to the Landlord’s interest (d) To comply with all conditions imposed by any planning permission implemented by the Tenant during the Term and if the Landlord reasonably so requires where a planning permission is granted subject to conditions to provide adequate security for the compliance with such conditions on terms reasonably required by the Landlord in the form of a deposit of money or the provision of a bond prior to the implementation by the Tenant of such planning permission. (e) Unless the Landlord shall otherwise direct to carry out before the end or sooner determination of the Term (howsoever the same may be determined) any works stipulated to be carried out to the Demised Premises then it by a date subsequent to such end or sooner determination as a condition of any planning permission which may refer the matter have been granted to the Independent Surveyor who shall determine the matter within twenty (20) Working Days of the date of his appointment, whose appointment shall be valid and binding on the parties and whose costs shall be borne as he directs or been implemented by the party against whom he finds in Tenant or any person deriving title under the event of no such direction. In the event that the Independent Surveyor finds in favour of the Tenant the Landlord shall not be entitled to refuse approval of such planning permission or fire safety certificate on the grounds that they are prejudicial to the Landlord's interest in the Demised Premises or the EstateTenant. (f) To If called upon so to do to produce to the Landlord on demand (but never more than once in a twelve (12) month period) all plans, plans documents and other evidence as the Landlord may reasonably require in order to satisfy itself that all of the provisions in of this covenant have been complied with. (g) Not without the consent of the Landlord to enter into any agreement under the Planning Acts. (h) Not without the consent of the Landlord to serve any notice under Planning Acts requiring any authority to purchase the interest of the Tenant in the Demised Premises.

Appears in 1 contract

Sources: Lease (Exscientia LTD)

Planning Acts. (a) Not 4.10.1 At all times during the Term to do anything on or in connection comply with the Demised Premises the doing or omission of which shall be a contravention provisions and requirements of the Planning Acts that affect the Premises or of any regulations, notices, orders, licences, consents, permissions and conditions development (if anyas defined in the Planning Acts) served, made, granted to be carried out on the Premises or imposed thereunder their use for any purpose and to indemnify (as well after both during and following the expiration expiry or sooner determination of the Term by effluxion of time or otherwise as during its continuanceTerm) and keep indemnified the Landlord indemnified against all actions, proceedings, damages, penalties, costs, charges, claims and demands in respect of such acts and omissions or any of them and against the costs of any application for planning permission, commencement notices, fire safety certificates and the works and things done in pursuance thereof to rectify any such acts or omissions; (b) In the event of the Landlord giving written consent to any of the matters in respect of which the Landlord’s consent shall be required under the provisions of this Lease or otherwise and in the event of permission or approval from any local authority under the Planning Acts being necessary for any addition, alteration or change in or to the Demised Premises or for the change of user thereof, to apply, at the cost of the Tenant, to the relevant local authority for all approvals, certificates, consents and permissions which may be required in connection therewith and to give notice to the Landlord of the granting or refusal (as the case may be) together with copies of all such approvals, certificates, consents and permissions forthwith on the receipt thereof and to comply with all conditions, regulations, bye laws and other matters prescribed by any competent authority either generally or specifically in respect thereof and (if commenced) to carry out such works at the Tenant’s own expense in a good and workmanlike manner to the satisfaction of the Landlord; (c) To give notice forthwith to the Landlord of any notice, order or proposal for a notice or order served on the Tenant under the Planning Acts and if so required by the Landlord to produce the same and at the request of the Landlord at the joint cost of the Tenant and the Landlord, to make or join in making such objections or representations liability whatsoever in respect of any proposal contravention thereof 4.10.2 During the Term so often as may be required and at the Landlord expense of the Tenant to obtain all planning permissions and to serve all notices as may require; (d) To comply at its own cost with be required for the carrying out of any notice or order served development on the Tenant under the provisions Premises or in respect of the Planning Acts; (e) Not to implement commencement of continuance of any use of the Premises provided that no application for planning permission before it and any necessary fire safety certificates have been produced to and approved in writing by shall be made without the previous consent of the Landlord (such approval consent not to be unreasonably withheld or delayed) PROVIDED THAT ) 4.10.3 Subject only to any statutory direction to the contrary to pay and satisfy any charge or levy that may now or in the future be imposed under the Planning Acts in respect of the carrying out or retention of any such development or the commencement or continuance of any such use at or on the Premises 4.10.4 Notwithstanding any consent which may be granted by the Landlord may under this Lease not to carry out or make any alteration or addition to the Premises or any change of use thereof until: 4.10.4.1 all necessary notices under the Planning Acts have been served and copies produced to the Landlord; 4.10.4.2 all necessary permissions under the Planning Acts have been obtained and produced to the Landlord; and 4.10.4.3 the Landlord has acknowledged that every necessary planning permission is acceptable to it the Landlord being entitled to refuse to approve such acknowledge its acceptance of a planning permission or fire safety certificate on the grounds that any condition contained in it or anything omitted from it or the period referred to in it would, would in the its reasonable opinion or that of the Landlord Surveyor be (acting reasonably), be or be likely to be, ) prejudicial to the Landlord’s interest in the Demised Premises whether during or after the Estate. In the event that the Tenant disputes that any condition contained in expiry or anything omitted from or the period referred to in any such planning permission or fire safety certificate would be or be likely to be prejudicial to the Landlord’s interest in the Demised Premises then it may refer the matter to the Independent Surveyor who shall determine the matter within twenty (20) Working Days sooner determination of the date of his appointment, whose appointment shall be valid and binding on the parties and whose costs shall be borne as he directs or by the party against whom he finds in the event of no such direction. In the event that the Independent Surveyor finds in favour of the Tenant Term 4.10.5 Unless the Landlord shall not otherwise direct to carry out and complete before the expiry or sooner determination of the Term 4.10.5.1 any works stipulated to be entitled carried out to refuse approval the Premises by a date subsequent to the expiry or sooner determination of such the Term as a condition of any planning permission granted for any development begun before the expiry or fire safety certificate on sooner determination of the grounds that they are prejudicial Term; and 4.10.5.2 any development begun upon the Premises in respect of which the Landlord shall or may be or become liable for any charge or levy under the Planning Acts 4.10.6 In any case where a planning permission is granted subject to conditions and if the Landlord's interest in the Demised Premises or the Estate. (f) To produce Landlord so reasonably requires to provide to the Landlord on demand (but never more than once in a twelve (12) month period) all plans, documents security for compliance with such conditions and other evidence as not to implement the planning permission until such security has been provided 4.10.7 Not to raise any objection to any planning application which the Landlord may reasonably require or any tenant or other such occupier or any potential tenant occupier or purchaser makes in order to satisfy itself that respect of all or part of any adjoining or neighbouring land owned by the Landlord or in respect of the provisions in this covenant have been complied with.Premises now or during the Term unless such application materially affects the Tenant’s use of the Premises or any part of them

Appears in 1 contract

Sources: Lease

Planning Acts. (a) Not to do anything on or in connection The Tenant must comply with the Demised Premises the doing or omission of which shall be a contravention requirements of the Planning Acts and with all Planning Permissions relating to or affecting the Premises or anything done or to be done on them. The Tenant must not apply for any Planning Permission except where any approval or consent required under any other provisions in this Lease for development or change of any regulations, notices, orders, licences, consents, permissions use has already been given and conditions (if any) served, made, granted or imposed thereunder and to indemnify (as well after the expiration Landlord has approved the terms of the Term by effluxion of time or otherwise as during its continuance) and keep indemnified application for Planning Permission. The Tenant may only implement a Planning Permission that the Landlord against all actions, proceedings, damages, penalties, costs, charges, claims has approved. The Tenant must assume liability for and demands in respect pay any Community Infrastructure ▇▇▇▇ payable under Part 11 of such acts and omissions the Planning Act 2008 or any other similar payments or liabilities that become due as a result of them and against it (or its sub-tenants or other occupiers of the costs Premises) carrying out any Permitted Works or changing the use of the Premises. The Tenant must not allow any application for planning permission, commencement notices, fire safety certificates rights or easements to be acquired over the Premises. If an encroachment may result in the acquisition of a right or easement: the Tenant must notify the Landlord; and the works and things done in pursuance thereof to rectify any such acts or omissions; (b) In the event of Tenant must help the Landlord giving written consent in any way that the Landlord requests to prevent that acquisition so long as the Landlord meets the Tenant’s costs and it is not adverse to the Tenant’s business interests to do so. The Tenant must not breach [any of the matters Landlord’s obligations (excluding payment of rents or other sums) relating to the Premises in respect the Head Lease or] any obligations affecting the freehold interest in the Premises at the date of which this Lease.56 If compulsorily registrable, the Tenant must:57 within six weeks of the date of this Lease, apply to register and then take reasonable steps to complete the registration of this Lease and the Tenant’s rights at the Land Registry; and provide the Landlord with an official copy of the registered title promptly after receipt.58 The Tenant must within four weeks after the End Date, apply to the Land Registry to close and then take reasonable steps to complete the closure of any registered title relating to this Lease and to remove from the Landlord’s consent shall be required under registered title(s) to the provisions of Premises any reference to this Lease or otherwise and in the event of permission or approval from any local authority under the Planning Acts being necessary for any addition, alteration or change in or to the Demised Premises or for the change of user thereof, to apply, at the cost of the Tenant, to the relevant local authority for all approvals, certificates, consents and permissions which may be required in connection therewith and to give notice ’s rights. The Tenant must supply to the Landlord of the granting or refusal on a monthly basis (as the case may be) together with copies of all such approvals, certificates, consents and permissions forthwith on the receipt thereof and to comply with all conditions, regulations, bye laws and other matters prescribed by any competent authority either generally or specifically in respect thereof and (if commenced) to carry out such works at the Tenant’s own expense in a good and workmanlike manner to the satisfaction of the Landlord; (c) To give notice forthwith to the Landlord of any notice, order or proposal for a notice or order served on the Tenant under the Planning Acts and if so required by enable the Landlord to produce monitor sales at and the same and at the request performance of the Landlord at the joint cost Premises) details of daily gross turnover by means of the Tenant and the Landlord, to make or join in making such objections or representations in respect of any proposal as the Landlord may require; (d) To comply at its own cost with any notice or order served on the Tenant under the provisions of the Planning Acts; (e) Not to implement any planning permission before it and any necessary fire safety certificates have been produced to and approved in writing link provided by the Landlord (such approval not to be unreasonably withheld whether email, computer, telephone or delayed) PROVIDED THAT the Landlord may refuse to approve such planning permission or fire safety certificate on the grounds that any condition contained in it or anything omitted from it or the period referred to in it would, in the opinion of the Landlord (acting reasonably), be or be likely to be, prejudicial to the Landlord’s interest in the Demised Premises or the Estate. In the event that the Tenant disputes that any condition contained in or anything omitted from or the period referred to in any such planning permission or fire safety certificate would be or be likely to be prejudicial to the Landlord’s interest in the Demised Premises then it may refer the matter to the Independent Surveyor who shall determine the matter within twenty (20) Working Days of the date of his appointment, whose appointment shall be valid and binding on the parties and whose costs shall be borne as he directs or other method required by the party against whom he finds in the event of no such direction. In the event that the Independent Surveyor finds in favour of the Tenant the Landlord shall not be entitled to refuse approval of such planning permission or fire safety certificate on the grounds that they are prejudicial to the Landlord's interest in the Demised Premises or the Estate. (f) To produce to the Landlord on demand (but never more than once in a twelve (12) month period) all plans, documents and other evidence as the Landlord may reasonably require in order to satisfy itself that all of the provisions in this covenant have been complied with.Landlord).59]

Appears in 1 contract

Sources: Lease Agreement

Planning Acts. (a) Not In relation to do anything on or in connection the Planning Acts: 3.19.1 At all times during the term to comply with the Demised Premises the doing or omission of which shall be a contravention of the Planning Acts or of any regulations, notices, orders, licences, consents, permissions and all planning consents and conditions (if any) served, made, granted thereunder so far as the same respectively relate to or imposed thereunder and affect the Demised Premises or any part thereof or any operations works acts or things already carried out executed done or omitted by the Tenant or hereafter to be carried out executed done or omitted thereon or the use thereof for any purpose AND at all times hereafter to indemnify (as well after the expiration of the Term by effluxion of time or otherwise as during its continuance) and keep indemnified the Landlord against all actions, proceedings, damages, penalties, costs, charges, actions proceedings costs expenses claims and demands in respect of any contravention of such acts provisions and omissions requirements 3.19.2 during the term so often as occasion shall require without expense to the Landlord to obtain from the relevant planning authority or any the Secretary of them and against State for the costs Environment or other authorised person or body all such planning consents (if any) as may be required for the carrying out by the lawful occupier thereof from time to time of such person's operations on the Demised Premises or the institution or continuance thereon of such person's use thereof which may constitute development within the meaning of the Planning Acts 3.19.3 on receipt by the Tenant of any application for notice order planning permission, commencement notices, fire safety certificates and the works and things done in pursuance thereof to rectify any such acts consent proposal or omissions; (b) In the event of the Landlord giving written consent to any of the matters in respect of which the Landlord’s consent shall be required under the provisions of this Lease or otherwise and in the event of permission or approval from any local authority determination under the Planning Acts being necessary for any addition, alteration or change in or to the Demised Premises or for the change of user thereof, to apply, at the cost of the Tenant, to the relevant local authority for all approvals, certificates, consents and permissions which may be required in connection therewith and to give notice to the Landlord of the granting or refusal (as the case may be) together with copies of all such approvals, certificates, consents and permissions forthwith on the receipt thereof and to comply with all conditions, regulations, bye laws and other matters prescribed by any competent authority either generally or specifically in respect thereof and (if commenced) to carry out such works at the Tenant’s own expense in a good and workmanlike manner to the satisfaction of the Landlord; (c) To give notice deliver forthwith to the Landlord of any notice, order or proposal for a notice or order served on copy thereof and (unless the Tenant under shall lawfully decline to implement a planning consent subject to conditions which it reasonably considers onerous) without delay and at the Planning Acts and Tenant's own expense to comply with such notice order planning consent proposal or determination AND if so required by the Landlord to produce the same and at the request of the Landlord at the joint cost of the Tenant and the Landlord, to make or join in making at the expense of the Tenant such objections representation or representations appeal in respect of any such notice order planning consent proposal or determination as the Landlord may reasonably require 3.19.4 Not to make any application under the Planning Acts for permission to carry out any development (as defined by the Planning Acts) or for the approval of anything in connection therewith unless the Tenant shall previously have obtained all consents licences and approvals of the Landlord required under this Lease for the carrying out of such development. 3.19.5 Not to make any such application except in such form and for such duration whether limited or unlimited as the Landlord may approve in writing Provided that in relation to a change of use or works which are otherwise authorised by this Lease approval of such application will not be unreasonably withheld in any case where (i) neither the application for such planning permission nor its grant nor implementation will or may create or give rise to any tax or other fiscal liability for the Landlord or (ii) the Tenant agrees to indemnify the Landlord against any such tax or other fiscal liability in such manner and provides such security as the Landlord may require; (d) To comply at its own cost with 3.19.6 If the Landlord so directs to apply to the relevant planning authority to determine whether any notice or order served on the Tenant relevant proposal requires permission under the provisions of the Planning Acts; (e) 3.19.7 If reasonably required by the Landlord but at the cost of the Tenant to appeal against any refusal of planning permission or the imposition of any conditions on a planning permission relating to the Demised Premises following an application by or on behalf of the Tenant 3.19.8 Not to enter into any agreement with any competent authority regulating the development or use of the Demised Premises 3.19.9 Not to implement any planning permission before it and any necessary fire safety certificates have or approval unless the same has been produced submitted to and approved in writing by the Landlord (such whose approval shall not to be unreasonably withheld or delayed) PROVIDED THAT withheld 3.19.10 In the Landlord may refuse to approve such event of the Tenant carrying out any works in implementation of any planning permission or fire safety certificate on approval so approved to carry out and complete all works required to implement the grounds that same in a good and workmanlike manner in accordance with the terms of such Permission or approval and in accordance with any condition contained other obligations imposed by the Landlord in it any license deed or anything omitted from it other document issued by the Landlord permitting such works 3.19.11 To make or secure to the period referred to in it would, in the opinion satisfaction of the Landlord (acting reasonably), Secretary of State or other competent authority appointed for the purpose any payment that may be or be likely to be, prejudicial to the Landlord’s interest in the Demised Premises or the Estate. In the event that the Tenant disputes that required for any condition contained in or anything omitted from or the period referred to in any such planning permission or fire safety certificate would approval which may be or be likely granted and so to be prejudicial to do for the Landlord’s interest in the Demised Premises then it may refer the matter to the Independent Surveyor who shall determine the matter within twenty (20) Working Days lull term of the date permission or approval and similarly to make or secure any payment that may be required in respect of his appointment, whose appointment shall be valid and binding on any development or the parties and whose costs shall be borne as he directs continuance or by retention of any development being a permission or approval implemented or development carried out or continued or retained at any time during the party against whom he finds in the event of no such direction. In the event that the Independent Surveyor finds in favour currency of the Tenant the Landlord shall not be entitled to refuse approval of such planning permission or fire safety certificate on the grounds that they are prejudicial to the Landlord's interest in the Demised Premises or the Estate. (f) To produce to the Landlord on demand (but never more than once in a twelve (12) month period) all plans, documents and other evidence as the Landlord may reasonably require in order to satisfy itself that all of the provisions in this covenant have been complied with.tenancy

Appears in 1 contract

Sources: Lease (Pride Automotive Group Inc)

Planning Acts. (a) Not to do anything To obtain so often as Occasion shall require all planning permissions licences consents and approvals as may be required under the Planning Acts for the carrying out by the Tenant of any development on or in connection with the Demised Premises within the doing or omission of which shall be a contravention meaning of the Planning Acts or for the continuance thereof by the Tenant but so that the Tenant shall not make any application for planning permission or give any notice to any authority of an intention to commence or to carry Out any regulations, notices, orders, licences, consents, permissions development without the previous consent of the Landlord (such consent not to be unreasonably withheld where the Landlord is not to unreasonably withhold its consent under this Lease to the development for which planning permission is required) and conditions so that the Tenant shall (if anyand insofar as it is lawful for the parties hereto to make such an arrangement) served, made, granted or imposed thereunder and to indemnify (as well after the expiration of the Term by effluxion of time or otherwise as during its continuance) and keep indemnified the Landlord against all actions, proceedings, damages, penalties, costs, charges, claims and demands charges payable in respect of such acts and omissions or any of them and against the costs of any application for planning permission, commencement notices, fire safety certificates and the works and things done in pursuance thereof to rectify any such acts or omissions;application (b) In Promptly after the event grant of any pleating permission or refusal of any application therefor made by the Tenant to give to the Landlord full particulars in writing thereof and supply a copy thereof for the retention of the Landlord giving written consent and in the case of a refusal of such an application or a grant subject to any of conditions which the matters in respect of which Landlord considers unreasonable if the Landlord reasonably so requires at the Landlord’s consent shall be required under the provisions of this Lease or otherwise and in the event of permission or approval from any local authority under the Planning Acts being necessary for any addition, alteration or change in or to the Demised Premises or for the change of user thereof, to apply, at the cost of the Tenant, to the relevant local authority for all approvals, certificates, consents and permissions which may be required in connection therewith and expense to give notice of appeal thereof to the competent authority and to proceed diligently with such appeal and to keep the Landlord informed of the granting or refusal (as the case may be) together with copies of all such approvals, certificates, consents and permissions forthwith on the receipt thereof and to comply with all conditions, regulations, bye laws and other matters prescribed by any competent authority either generally or specifically in respect thereof and (if commenced) to carry out such works at the Tenant’s own expense in a good and workmanlike manner to the satisfaction of the Landlord;progress thereof (c) To give notice forthwith Without prejudice to the Landlord provisions of any notice, order or proposal for a notice or order served on other covenant by the Tenant under the Planning Acts and if so required by the Landlord to produce the same and at the request of the Landlord at the joint cost of the Tenant and the Landlord, to make or join in making such objections or representations in respect of any proposal as the Landlord may require; (d) To comply at its own cost with any notice or order served on the Tenant under the provisions of the Planning Acts; (e) Not this Lease not to implement any planning permission before it and any necessary fire safety certificates have until a copy of the same has been produced submitted to and approved in writing by the Landlord and acknowledged by it as satisfactory (such approval acknowledgement not to be unreasonably withheld or delayedwithheld) PROVIDED THAT Provided that the Landlord may refuse so to approve express its satisfaction with any such planning permission or fire safety certificate on the grounds ground that any provision or condition contained in it or anything omitted from it or the period referred to in it would, would in the reasonable opinion of the Landlord (acting reasonably), be or be likely to be, be (whether during the Term or following its determination) prejudicial to the Landlord’s interest in the Demised Premises or the Estate. In the event that the Tenant disputes that Building or any condition contained in adjoining or anything omitted from or the period referred to in any such planning permission or fire safety certificate would be or be likely to be prejudicial neighbouring property belonging to the Landlord’s interest . (d) If the Landlord reasonably so requires where a planning permission is granted subject to conditions to provide adequate security for the compliance with such conditions on terms reasonably required by the Landlord in the form of a deposit of money or the provision of a bond prior to the implementation by the Tenant of such planning permission. (e) Unless the Landlord shall otherwise direct to carry out before the end or sooner determination of the Term (howsoever the same may be determined) any works stipulated to be carried out to the Demised Premises then it by a date subsequent to such end or sooner determination as a condition of any planning permission which may refer the matter have been granted to the Independent Surveyor who shall determine the matter within twenty (20) Working Days of the date of his appointment, whose appointment shall be valid and binding on the parties and whose costs shall be borne as he directs or been implemented by the party against whom he finds in Tenant or any person deriving title under the event of no such direction. In the event that the Independent Surveyor finds in favour of the Tenant the Landlord shall not be entitled to refuse approval of such planning permission or fire safety certificate on the grounds that they are prejudicial to the Landlord's interest in the Demised Premises or the EstateTenant. (f) To If called upon so to do to produce to the Landlord on demand (but never more than once in a twelve (12) month period) all plans, plans documents and other evidence as the Landlord may reasonably require in order to satisfy itself that all of the provisions in of this covenant have been complied with. (g) Not without the consent of the Landlord to enter into any agreement under the Planning Acts. (h) Not without the consent of the Landlord to serve any notice under Planning Acts requiring any authority to purchase the interest of the Tenant in the Demised Premises.

Appears in 1 contract

Sources: Lease (Exscientia LTD)

Planning Acts. (a) Not In relation to do anything the Planning Acts:- 3.26.1 During the term so often as occasion shall require at the expense in all respects of the Lessee to obtain all permissions licences consents and approvals as may be required for the carrying out by the Lessee of any operations on the demised premises or in connection with for the Demised Premises institution or continuance or renewal by the doing Lessee thereon of any use thereof which may constitute development or omission of which shall be a contravention any step related thereto within the meaning of the Planning Acts or but so that the Lessee shall not make an application of any regulations, notices, orders, licences, consents, permissions and conditions (if any) served, made, granted or imposed thereunder and to indemnify (as well after the expiration of the Term by effluxion of time or otherwise as during its continuance) and keep indemnified the Landlord against all actions, proceedings, damages, penalties, costs, charges, claims and demands in respect of such acts and omissions or any of them and against the costs of any application for planning permission, commencement notices, fire safety certificates and the works and things done in pursuance thereof to rectify any such acts or omissions; (b) In the event of the Landlord giving written consent to any of the matters in respect of which the Landlord’s consent shall be required under the provisions of this Lease or otherwise and in the event of permission or approval from any local authority kind under the Planning Acts being necessary for or give any addition, alteration or change in notice to any Authority of an intention to commence or to carry out any Development or any step related thereto without the Demised Premises previous written consent of the Lessor which shall not be unreasonably withheld or delayed and so that the Lessee shall (if and in so far as it is lawful for the change parties hereto to make such an arrangement) indemnify the Lessor against all charges payable in respect of user thereof, to apply, at the cost of the Tenant, any such application and shall also pay to the relevant local authority for Lessor reasonable sums in respect of all approvals, certificates, consents professional fees and permissions which may be required expenses incurred by the Lessor in connection therewith and to the Lessee shall forthwith after the grant or refusal of such application give notice to the Landlord of the granting or refusal (as the case may be) together with copies of all such approvals, certificates, consents and permissions forthwith on the receipt thereof and to comply with all conditions, regulations, bye laws and other matters prescribed by any competent authority either generally or specifically Lessor full particulars in respect writing thereof and (if commenced) to carry out such works at the Tenant’s own expense in a good and workmanlike manner free of costs to the satisfaction Lessor) supply a copy thereof for the retention of the Landlord;Lessor (c) To give notice forthwith to the Landlord of any notice, order or proposal for a notice or order served on the Tenant under the Planning Acts and if so required by the Landlord to produce the same and at the request of the Landlord at the joint cost of the Tenant and the Landlord, to make or join in making such objections or representations in respect of any proposal as the Landlord may require; (d) To comply at its own cost with any notice or order served on the Tenant under the provisions of the Planning Acts; (e) 3.26.2 Not to implement any planning permission before it and any necessary fire safety certificates have licence consent or approval until the same has been produced submitted to and approved in writing by the Landlord (Lessor such approval not to be unreasonably withheld or delayed 3.26.3 Unless the Lessor shall otherwise direct to carry out before the expiration or sooner determination of the term (howsoever the same may be determined) PROVIDED THAT any works stipulated to be carried out to the Landlord may refuse demised premises by a date subsequent to approve such expiration or sooner determination as a condition of any planning permission which may have been granted to the Lessee or fire safety certificate to a person deriving title through or under or acting on the grounds that any condition contained in it or anything omitted from it or the period referred to in it would, in the opinion behalf of the Landlord (acting reasonably), be or be likely Lessee and to be, prejudicial make good all damage thereby caused to the Landlord’s interest in the Demised Premises or the Estate. In the event demised premises but so that the Tenant disputes that any condition contained in or anything omitted from or Lessee shall if required by the period referred to in any such planning permission or fire safety certificate would be or be likely to be prejudicial Lessor without delay restore and reinstate all parts of the demised premises affected thereby to the Landlord’s interest same state and condition in which they were before the Demised Premises then it may refer the matter carrying out of such works in a good and substantial manner and to the Independent Surveyor who shall determine the matter within twenty (20) Working Days reasonable satisfaction of the date of his appointment, whose appointment shall be valid and binding on the parties and whose costs shall be borne as he directs or by the party against whom he finds in the event of no such direction. In the event that the Independent Surveyor finds in favour of the Tenant the Landlord shall not be entitled Lessor 3.26.4 If called upon so to refuse approval of such planning permission or fire safety certificate on the grounds that they are prejudicial do to the Landlord's interest in the Demised Premises or the Estate. (f) To produce to the Landlord on demand (but never more than once in a twelve (12) month period) Lessor all plans, plans documents and other evidence proving that the provisions of this clause 3.26 have been compiled with 3.26.5 Subject as hereinbefore provided at all times during the term to comply in all respects with the Planning Acts so far as the Landlord may reasonably require same relate to or affect the demised premises or any part thereof or any operations works acts or things already or hereafter to be carried out executed done or omitted thereon or the use thereof and to keep the Lessor indemnified in order to satisfy itself that all of the provisions in this covenant have been complied with.respect thereof

Appears in 1 contract

Sources: Licence to Underlet and Release of Obligation (Harris Interactive Inc)

Planning Acts. (a) Not Without prejudice to do anything on or in connection with the Demised Premises the doing or omission of which shall be a contravention generality of the Planning Acts or of any regulations, notices, orders, licences, consents, permissions and conditions (if any) served, made, granted or imposed thereunder and last preceding Sub-clause in relation to indemnify (as well after the expiration of the Term by effluxion of time or otherwise as during its continuance) and keep indemnified the Landlord against all actions, proceedings, damages, penalties, costs, charges, claims and demands in respect of such acts and omissions or any of them and against the costs of any application for planning permission, commencement notices, fire safety certificates and the works and things done in pursuance thereof to rectify any such acts or omissions; (b) In the event of the Landlord giving written consent to any of the matters in respect of which the Landlord’s consent shall be required under the provisions of this Lease or otherwise and in the event of permission or approval from any local authority under the Planning Acts being necessary for any addition, alteration or change in or to the Demised Premises or for the change of user thereof, to apply, at the cost of the Tenant, to the relevant local authority for all approvals, certificates, consents and permissions which may be required in connection therewith and to give notice to the Landlord of the granting or refusal (as the case may be) together with copies of all such approvals, certificates, consents and permissions forthwith on the receipt thereof and Acts 3.16.1 to comply with all conditions, regulations, bye laws and other matters prescribed by any competent authority either generally or specifically in respect thereof and (if commenced) to carry out such works at the Tenant’s own expense in a good and workmanlike manner to the satisfaction of the Landlord; (c) To give notice forthwith to the Landlord of any notice, order or proposal for a notice or order served on the Tenant under the Planning Acts and if so required by the Landlord to produce the same and at the request of the Landlord at the joint cost of the Tenant and the Landlord, to make or join in making such objections or representations in respect of any proposal as the Landlord may require; (d) To comply at its own cost with any notice or order served on the Tenant under the provisions of the Planning Acts;Acts and of any planning permissions relating to or affecting the Premises and (e) Not 3.16.2 not to make any application for planning permission in respect of the Premises without the consent of the Landlord such consent not to be unreasonably withheld or delayed and 3.16.3 at the expense of the Tenant to obtain and if appropriate to renew all planning permissions and any other consents and to serve all necessary notices required for the carrying out by the Tenant of any operations or the commencement of any work on the Premises which may constitute Development which the meaning of the Planning Acts and 3.16.4 not to implement any planning permission before it and any necessary fire safety certificates have has been produced to and approved in writing by the Landlord (and acknowledged as satisfactory but such approval acknowledgement not to be unreasonably withheld or delayed) delayed PROVIDED THAT the Landlord may refuse to approve such planning permission or fire safety certificate on the grounds that any condition contained in it or anything omitted from it or the period referred to in it would, would in the reasonable opinion of the Landlord (acting reasonably), be or be likely to be, prejudicial to the Landlord’s interest in the Demised Premises or the Estate. In the event that the Tenant disputes that any condition contained in or anything omitted from or the period referred to in any such planning permission or fire safety certificate would be or be likely to be prejudicial to the Landlord’s interest in the Demised Premises then it may refer the matter to the Independent Surveyor who shall determine the matter within twenty (20) Working Days of the date of his appointment, whose appointment shall be valid and binding on the parties and whose costs shall be borne as he directs or by the party against whom he finds in the event of no such direction. In the event that the Independent Surveyor finds in favour of the Tenant the Landlord shall not be entitled to refuse approval of such planning permission or fire safety certificate on the grounds that they are prejudicial to the Landlord's interest in the Demised Premises or in any adjoining property and 3.16.5 unless the Estate.Landlord shall otherwise direct in writing to carry out and complete before the termination of the Term any works required to be carried out to the Premises as a condition of any planning permission granted during the Term and implemented by the Tenant whether or not the date by which the planning permission requires such works to be carried out is within the Term and (f) To 3.16.6 to produce to the Landlord on demand (but never more than once in a twelve (12) month period) all plans, plans documents and other evidence as the Landlord may reasonably require in order to satisfy itself that all of the provisions in of this covenant clause have been complied with.with and 3.16.7 in any case where a planning permission has been granted subject to conditions the Landlord shall be entitled (where it is reasonable to do so) to require the Tenant to provide security for the compliance with such covenants

Appears in 1 contract

Sources: Lease (Hawker Pacific Aerospace)

Planning Acts. The Tenant shall: (a) Not to do anything on or in connection comply with the Demised Premises the doing or omission of which shall be a contravention of the Planning Acts or in relation to the Property, any operations carried out at the Property and its use and not commit any breach of any regulations, notices, orders, licences, consents, permissions and conditions (if any) served, made, granted or imposed thereunder and to indemnify planning control (as well after defined in the expiration of the Term by effluxion of time or otherwise as during its continuance) and keep indemnified the Landlord against all actions, proceedings, damages, penalties, costs, charges, claims and demands in respect of such acts and omissions or any of them and against the costs of any application for planning permission, commencement notices, fire safety certificates and the works and things done in pursuance thereof to rectify any such acts or omissionsPlanning Acts); (b) In obtain from the event of the Landlord giving written consent to any of the matters in respect of which the Landlord’s consent shall be required under the provisions of this Lease or otherwise and in the event of local planning authority planning permission or approval from any local authority under the Planning Acts being necessary for any addition, alteration or change in or to the Demised Premises or for the change carrying out of user thereof, to apply, at any operation on the cost Property or the institution or continuance of the Tenant, to the relevant local authority for all approvals, certificates, consents and permissions any use which may be required in connection therewith and to give notice to constitute development within the Landlord of the granting or refusal (as the case may be) together with copies of all such approvals, certificates, consents and permissions forthwith on the receipt thereof and to comply with all conditions, regulations, bye laws and other matters prescribed by any competent authority either generally or specifically in respect thereof and (if commenced) to carry out such works at the Tenant’s own expense in a good and workmanlike manner to the satisfaction of the Landlord; (c) To give notice forthwith to the Landlord of any notice, order or proposal for a notice or order served on the Tenant under the Planning Acts and if so required by the Landlord to produce the same and at the request of the Landlord at the joint cost of the Tenant and the Landlord, to make or join in making such objections or representations in respect of any proposal as the Landlord may require; (d) To comply at its own cost with any notice or order served on the Tenant under the provisions meaning of the Planning Acts; (ec) Not to implement not make any application for planning permission before it and any necessary fire safety certificates have been produced to and approved in writing by without the Landlord Landlord's prior consent (such approval which shall not to be unreasonably withheld or delayed) PROVIDED THAT to the making of the application, indemnify the Landlord against all charges payable in respect of the application and repay to the Landlord all reasonable and proper professional fees and expenses properly incurred by the Landlord in connection with the application; (d) forthwith after the grant or refusal of any application give the Landlord a copy of the permission or the refusal; (e) not make any alteration or addition to or change of use of the Property (being an alteration or addition or change of use which is prohibited by or for which the consent of the Landlord must be obtained under this Lease and for which a planning permission must be obtained) before planning permission for it has been produced to the Landlord and acknowledged by the Landlord as satisfactory to it but so that the Landlord may refuse to approve such express satisfaction with the planning permission or fire safety certificate on the grounds that any condition anything contained in it or anything omitted from it or the period referred to in it would, in the reasonable opinion of the Landlord (acting reasonably), be or be likely to be, prejudicial to the Landlord’s interest in the Demised Premises or the Estate. In the event that the Tenant disputes that any condition contained in or anything omitted from or the period referred to in any such planning permission or fire safety certificate would be or be likely to be prejudicial to the Landlord’s interest in the Demised Premises then it may refer the matter to the Independent Surveyor who shall determine the matter within twenty (20) Working Days of the date of his appointment, whose appointment shall be valid and binding on the parties and whose costs shall be borne as he directs or by the party against whom he finds in the event of no such direction. In the event that the Independent Surveyor finds in favour of the Tenant the Landlord shall not be entitled to refuse approval of such planning permission or fire safety certificate on the grounds that they are materially prejudicial to the Landlord's interest in the Demised Premises Property during the Term or after the Estate.End of the Term such acknowledgement from the Landlord shall not be unreasonably delayed; (f) To pay any charge imposed under the Planning Acts in respect of the carrying out of any operation or the institution or continuance of any use; (g) unless the Landlord directs otherwise, carry out before the End of the Term all works required to be carried out as a condition of any planning permission which may have been granted and implemented during the Term whether or not the date by which the planning permission requires those works to be carried out falls within the Term; (h) pay to the Landlord within 14 days of written demand a fair and reasonable proportion of any compensation received by the Tenant because of a restriction on the use of the Property under the Planning Acts, any dispute as to the proportion to be referred to arbitration; (i) produce to the Landlord on demand (but never more than once in a twelve (12) month period) all plansdrawings, documents and other evidence as reasonably required by the Landlord may reasonably require in order to satisfy itself that all of the provisions in this covenant have sub- clause has been complied with; (j) not implement any planning permission without providing reasonable security if reasonably required for compliance with the conditions imposed by that permission; (k) not serve any purchase notice under the Planning Acts requiring any authority to purchase the Tenant's interest in the Property without first offering to surrender this Lease at the price which might reasonably be expected to be obtained from the authority under the purchase notice, any dispute as to the amount of the price to be referred to arbitration; (l) not to make any objection or adverse representation in respect of any planning application made by or with the consent of the Landlord: (i) within 12 months before the date specified in clause 15 of this Lease if the Tenant has served the notice referred to in that clause; or (ii) within 12 months before the End of the Term unless the Tenant has exercised its rights to take a new lease under the provisions of the Landlord and ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇; and in either case this clause shall not prevent the Tenant making such objections if it is entitled to do so under a lease of another Unit on the Estate.

Appears in 1 contract

Sources: Agreement for Lease (Exodus Communications Inc)

Planning Acts. The Tenant must: (a) Not to do anything on or in connection comply with the Demised Premises the doing or omission of which shall be a contravention of the Planning Acts or in relation to the Property, any operations carried out at the Property and its use and not commit any breach of any regulations, notices, orders, licences, consents, permissions and conditions (if any) served, made, granted or imposed thereunder and to indemnify (as well after the expiration of the Term by effluxion of time or otherwise as during its continuance) and keep indemnified the Landlord against all actions, proceedings, damages, penalties, costs, charges, claims and demands in respect of such acts and omissions or any of them and against the costs of any application for planning permission, commencement notices, fire safety certificates and the works and things done in pursuance thereof to rectify any such acts or omissionscontrol; (b) In obtain from the event of the Landlord giving written consent to any of the matters in respect of which the Landlord’s consent shall be required under the provisions of this Lease or otherwise and in the event of local planning authority planning permission or approval from any local authority under the Planning Acts being necessary for any addition, alteration or change in or to the Demised Premises or for the change carrying out of user thereof, to apply, at any operation on the cost Property or the institution or continuance of the Tenant, to the relevant local authority for all approvals, certificates, consents and permissions any use which may be required in connection therewith and to give notice to constitute development within the Landlord of the granting or refusal (as the case may be) together with copies of all such approvals, certificates, consents and permissions forthwith on the receipt thereof and to comply with all conditions, regulations, bye laws and other matters prescribed by any competent authority either generally or specifically in respect thereof and (if commenced) to carry out such works at the Tenant’s own expense in a good and workmanlike manner to the satisfaction of the Landlord; (c) To give notice forthwith to the Landlord of any notice, order or proposal for a notice or order served on the Tenant under the Planning Acts and if so required by the Landlord to produce the same and at the request of the Landlord at the joint cost of the Tenant and the Landlord, to make or join in making such objections or representations in respect of any proposal as the Landlord may require; (d) To comply at its own cost with any notice or order served on the Tenant under the provisions meaning of the Planning Acts; (ec) Not to implement not make any application for planning permission before it and any necessary fire safety certificates have been produced to and approved in writing by without the prior consent of the Landlord (such approval consent not to be unreasonably withheld or delayeddelayed to the making of the application, indemnify the Landlord against all charges payable in respect of the application and repay to the Landlord all professional fees and expenses properly incurred by the Landlord in connection with the application; (d) PROVIDED THAT promptly after the grant or refusal of any application, give the Landlord a copy of the permission or the refusal; (e) not make any alteration or addition to or change of use of the Property (being an alteration or addition or change of use which is prohibited by this Lease or for which the consent of the Landlord must be obtained under this Lease and for which a planning permission must be obtained) before planning permission for it has been produced to the Landlord and acknowledged by the Landlord as satisfactory to it (acting reasonably) but so that the Landlord may refuse to approve such express satisfaction with the planning permission or fire safety certificate on the grounds that any condition anything contained in it or anything omitted from it or the period referred to in it would, in the reasonable opinion of the Landlord (acting reasonably), be or be likely to be, prejudicial to the Landlord’s interest in the Demised Premises or the Estate. In the event that the Tenant disputes that any condition contained in or anything omitted from or the period referred to in any such planning permission or fire safety certificate would be or be likely to be prejudicial to the Landlord’s interest in the Demised Premises then it may refer Property during the matter to Term or after the Independent Surveyor who shall determine the matter within twenty (20) Working Days End of the date of his appointment, whose appointment shall be valid and binding on the parties and whose costs shall be borne as he directs or by the party against whom he finds in the event of no such direction. In the event that the Independent Surveyor finds in favour of the Tenant the Landlord shall not be entitled to refuse approval of such planning permission or fire safety certificate on the grounds that they are prejudicial to the Landlord's interest in the Demised Premises or the Estate.Term; (f) To pay any charge imposed under the Planning Acts in respect of the carrying out of any operation or the institution or continuance of any use; (g) unless the Landlord directs otherwise, carry out before the End of the Term all works required to be carried out as a condition of any planning permission which may have been implemented during the Term whether or not the date by which the planning permission requires those works to be carried out falls within the Term; (h) produce to the Landlord on demand (but never more than once in a twelve (12) month period) all plansdrawings, documents and other evidence as required by the Landlord may reasonably require in order to satisfy itself that all of the provisions in this covenant have sub-clause has been complied with; (i) at the request of the Landlord but at the cost of the Tenant to make or join in making any planning application required by the Landlord and not make any objection or adverse representation in respect of any planning application made by or with the consent of the Landlord. In this sub-clause operation and development each includes works to any listed building which are prohibited by the Planning Acts unless authorised by them and planning permission includes listed building consent.

Appears in 1 contract

Sources: Lease (Glu Mobile Inc)

Planning Acts. (a) Not to do anything on or in connection The Tenant must comply with the Demised Premises the doing or omission of which shall be a contravention requirements of the Planning Acts and with all Planning Permissions relating to or affecting the Premises or anything done or to be done on them. The Tenant must not apply for any Planning Permission except where any approval or consent required under any other provisions in this Lease for development or change of any regulations, notices, orders, licences, consents, permissions use has already been given and conditions (if any) served, made, granted or imposed thereunder and to indemnify (as well after the expiration Landlord has approved the terms of the Term by effluxion of time or otherwise as during its continuance) and keep indemnified application for Planning Permission. The Tenant may only implement a Planning Permission that the Landlord against all actions, proceedings, damages, penalties, costs, charges, claims has approved. The Tenant must assume liability for and demands in respect pay any Community Infrastructure ▇▇▇▇ payable under Part 11 of such acts and omissions the Planning Act 2008 or any other similar payments or liabilities that become due as a result of them and against it (or its sub-tenants or other occupiers of the costs Premises) carrying out any Permitted Works or changing the use of the Premises. The Tenant must not allow any application for planning permission, commencement notices, fire safety certificates rights or easements to be acquired over the Premises. If an encroachment may result in the acquisition of a right or easement: the Tenant must notify the Landlord; and the works and things done in pursuance thereof to rectify any such acts or omissions; (b) In the event of Tenant must help the Landlord giving written consent in any way that the Landlord requests to prevent that acquisition so long as the Landlord meets the Tenant’s costs and it is not adverse to the Tenant’s business interests to do so. The Tenant must not breach [any of the matters in respect of which the Landlord’s consent shall be required under obligations (excluding payment of rents or other sums) relating to the provisions of this Lease or otherwise and Premises in the event of permission or approval from Head Lease or] any local authority under obligations affecting the Planning Acts being necessary for any addition, alteration or change in or to the Demised Premises or for the change of user thereof, to apply, at the cost of the Tenant, to the relevant local authority for all approvals, certificates, consents and permissions which may be required in connection therewith and to give notice to the Landlord of the granting or refusal (as the case may be) together with copies of all such approvals, certificates, consents and permissions forthwith on the receipt thereof and to comply with all conditions, regulations, bye laws and other matters prescribed by any competent authority either generally or specifically in respect thereof and (if commenced) to carry out such works at the Tenant’s own expense in a good and workmanlike manner to the satisfaction of the Landlord; (c) To give notice forthwith to the Landlord of any notice, order or proposal for a notice or order served on the Tenant under the Planning Acts and if so required by the Landlord to produce the same and at the request of the Landlord at the joint cost of the Tenant and the Landlord, to make or join in making such objections or representations in respect of any proposal as the Landlord may require; (d) To comply at its own cost with any notice or order served on the Tenant under the provisions of the Planning Acts; (e) Not to implement any planning permission before it and any necessary fire safety certificates have been produced to and approved in writing by the Landlord (such approval not to be unreasonably withheld or delayed) PROVIDED THAT the Landlord may refuse to approve such planning permission or fire safety certificate on the grounds that any condition contained in it or anything omitted from it or the period referred to in it would, in the opinion of the Landlord (acting reasonably), be or be likely to be, prejudicial to the Landlord’s freehold interest in the Demised Premises or at the Estate. In the event that date of this Lease.55 If compulsorily registrable, the Tenant disputes that any condition contained in or anything omitted from or the period referred to in any such planning permission or fire safety certificate would be or be likely to be prejudicial to the Landlord’s interest in the Demised Premises then it may refer the matter to the Independent Surveyor who shall determine the matter must:56 within twenty (20) Working Days six weeks of the date of his appointmentthis Lease, whose appointment shall be valid apply to register and binding on then take reasonable steps to complete the parties registration of this Lease and whose costs shall be borne as he directs or by the party against whom he finds in Tenant’s rights at the event of no such direction. In Land Registry; and provide the event that the Independent Surveyor finds in favour Landlord with an official copy of the registered title promptly after receipt.57 The Tenant must within four weeks after the Landlord shall not be entitled to refuse approval of such planning permission or fire safety certificate on the grounds that they are prejudicial End Date, apply to the Land Registry to close and then take reasonable steps to complete the closure of any registered title relating to this Lease and to remove from the Landlord's interest in ’s registered title(s) to the Demised Premises or any reference to this Lease and the Estate. (f) To produce Tenant’s rights. Where the Tenant makes any application to the Landlord on demand (but never more than once in a twelve (12) month period) all plansfor consent or approval under this Lease, documents and other evidence as the Tenant must provide to the Landlord may reasonably require in order all the information the Landlord requires to satisfy itself that all of enable the provisions in this covenant have been complied withLandlord to consider the application.

Appears in 1 contract

Sources: Lease Agreement

Planning Acts. (a) Not to do anything on or in connection 3.26.1 To comply with the Demised Premises the doing or omission of which shall be a contravention provisions and requirements of the Planning Acts or and of any regulations, notices, orders, licences, consents, planning permissions and conditions (if any) served, made, granted relating to or imposed thereunder affecting the Demised Premises and to indemnify (as well after the expiration of the Term by effluxion of time or otherwise as during its continuance) and keep indemnified the Landlord indemnified against all actions, proceedings, damages, penalties, costs, charges, actions proceedings claims demands losses costs expenses damages and demands liability whatsoever in respect of such acts and omissions or any of them and against the costs of non-compliance 3.26.2 Not to make any application for planning permission, commencement notices, fire safety certificates and the works and things done in pursuance thereof to rectify any such acts or omissions; (b) In the event of the Landlord giving written consent to any of the matters permission in respect of the Demised Premises without the prior written consent of the Superior Landlord and Landlord 3.26.3 At the expense of the Tenant to obtain and if appropriate to renew all planning permissions and any other consents and to serve all necessary notices required for the carrying out by the Tenant of any operations or the commencement or continuance of any use on the Demised Premises which the Landlord’s consent shall be required under the provisions of this Lease may constitute Development 3.26.4 To pay and satisfy any charge or otherwise and in the event of permission or approval from any local authority levy imposed under the Planning Acts being necessary for any addition, alteration or change in or to the Demised Premises or for the change of user thereof, to apply, at the cost of the Tenant, to the relevant local authority for all approvals, certificates, consents and permissions which may be required in connection therewith and to give notice to the Landlord of the granting or refusal (as the case may be) together with copies of all such approvals, certificates, consents and permissions forthwith on the receipt thereof and to comply with all conditions, regulations, bye laws and other matters prescribed by any competent authority either generally or specifically in respect thereof and (if commenced) to carry out such works at the Tenant’s own expense in a good and workmanlike manner to the satisfaction of the Landlord; (c) To give notice forthwith to the Landlord of any notice, order or proposal for a notice or order served on the Tenant under the Planning Acts and if so required by the Landlord to produce the same and at the request of the Landlord at the joint cost of the Tenant and the Landlord, to make or join in making such objections or representations in respect of any proposal as Development by the Landlord may require; (d) To comply at its own cost with any notice or order served Tenant on the Tenant under the provisions of the Planning Acts;Demised Premises (e) 3.26.5 Not to implement any planning permission before it and any necessary fire safety certificates have has been produced to and approved in writing by the Superior Landlord (and Landlord such approval not to be unreasonably withheld or delayed) delayed on the Landlord's part PROVIDED THAT the Landlord may refuse to approve such planning permission or fire safety certificate on the grounds that any condition contained in it or anything omitted from it or the period referred to in it would, would in the reasonable opinion of the Landlord (acting reasonably), be or be likely to be, prejudicial to the Landlord’s interest in the Demised Premises or the Estate. In the event that the Tenant disputes that any condition contained in or anything omitted from or the period referred to in any such planning permission or fire safety certificate would be or be likely to be prejudicial to the Landlord’s interest in the Demised Premises then it may refer the matter to the Independent Surveyor who shall determine the matter within twenty (20) Working Days of the date of his appointment, whose appointment shall be valid and binding on the parties and whose costs shall be borne as he directs or by the party against whom he finds in the event of no such direction. In the event that the Independent Surveyor finds in favour of the Tenant the Landlord shall not be entitled to refuse approval of such planning permission or fire safety certificate on the grounds that they are prejudicial to the Landlord's interest in the Demised Premises whether during or following the Estate.Termination of the Term 3.26.6 Unless the Superior Landlord shall otherwise direct in writing to carry out and complete before the Termination of the Term:- (fa) To produce any works required to be carried out to the Landlord on demand Demised Premises as a condition of any planning permission granted during the Term and implemented by the Tenant whether or not the date by which such planning permission requires such works to be carried out is within the Term (but never more than once b) any Development begun upon the Demised Premises by the Tenant in a twelve (12) month period) all plans, documents and other evidence as respect of which the Landlord shall or may reasonably require in order to satisfy itself that all of be or become liable for any charge or levy under the provisions in this covenant have been complied with.Planning Acts

Appears in 1 contract

Sources: Agreement for Underlease (Witness Systems Inc)

Planning Acts. (a) Not to do anything on or in connection 4.22.1 To comply with the Demised Premises the doing or omission of which shall be a contravention provisions and requirements of the Planning Acts or of any regulations, notices, orders, licences, consents, permissions and conditions (if any) served, made, granted or imposed thereunder and to indemnify (as well after the expiration of the Term by effluxion of time or otherwise as during its continuance) and keep indemnified the Landlord indemnified against all actions, proceedings, damages, penalties, costs, charges, claims actions proceedings demands costs expenses and demands liability in respect of such acts and omissions or any of them and against the costs of any application contravention. 4.22.2 Not to apply for planning permission, commencement notices, fire safety certificates and permission or for other consents required under the works and things done in pursuance thereof to rectify any such acts or omissions; (b) In the event of the Landlord giving written consent to any of the matters Planning Acts in respect of which the Premises or for certificates or determinations as to lawful use without the prior written consent of the Landlord’s , such consent shall not to be required unreasonably withheld or delayed where under the relevant provisions of this Lease or otherwise and in the event of permission or approval from any local authority under the Planning Acts being necessary for any addition, alteration or change in or to the Demised Premises or for the change of user thereof, to apply, at the cost consent of the Tenant, to Landlord is not required or cannot be unreasonably withheld in respect of the relevant local authority for all approvals, certificates, consents and permissions which may be matters the subject of the application provided that no such consent is required in connection therewith and relation to give notice any alterations which the Tenant is permitted to make without the Landlord consent of the granting or refusal (as the case may be) together with copies of all such approvals, certificates, consents and permissions forthwith on the receipt thereof and to comply with all conditions, regulations, bye laws and other matters prescribed by any competent authority either generally or specifically in respect thereof and (if commenced) to carry out such works at Landlord. 4.22.3 At the Tenant’s own expense in a good to obtain and, if appropriate, renew any planning permission and workmanlike manner to any other consent and serve all necessary notices required for the satisfaction carrying out by the Tenant of any operations or the commencement or continuance of any use of the Landlord;Premises. (c) 4.22.4 To give notice forthwith to the Landlord of pay and satisfy any notice, order charge or proposal for a notice or order served on the Tenant levy that may hereafter be lawfully imposed under the Planning Acts and if so required by the Landlord to produce the same and at the request of the Landlord at the joint cost of the Tenant and the Landlord, to make or join in making such objections or representations in respect of any proposal as the Landlord may require; (d) To comply at its own cost with any notice or order served on Development by the Tenant under on or at the provisions of the Planning Acts;Premises. (e) Not to 4.22.5 The Tenant shall not implement any planning permission or consent required under the Planning Acts before it and any necessary fire safety certificates have has been produced to and approved in writing by the Landlord (such approval not to be unreasonably withheld or delayed) PROVIDED THAT the Landlord may refuse to approve such planning permission or fire safety certificate on the grounds that any condition contained in it or anything omitted from it or the period referred to in it would, in the opinion of the Landlord (acting reasonably), be or be likely to be, prejudicial to the Landlord’s interest in the Demised Premises or the Estate. In the event that the Tenant disputes that any condition contained in or anything omitted from or the period referred to in any such planning permission or fire safety certificate would be or be likely to be prejudicial to the Landlord’s interest in the Demised Premises then it may refer the matter to the Independent Surveyor who shall determine the matter within twenty (20) Working Days of the date of his appointment, whose appointment shall be valid and binding on the parties and whose costs shall be borne as he directs or by the party against whom he finds in the event of no such direction. In the event that the Independent Surveyor finds in favour of the Tenant . 4.22.6 Unless the Landlord shall not otherwise direct to carry out and complete before the expiration or sooner determination of the Term: 4.22.6.1 any works stipulated to be entitled carried out to refuse approval the Premises as a condition of such any planning permission granted during the Term and implemented by the Tenant or fire safety certificate on any undertenant; and 4.22.6.2 any Development begun upon the grounds that they are prejudicial to Premises by the Landlord's interest Tenant or any undertenant in respect of which the Demised Premises Landlord shall or may be or become liable for any charge or levy under the EstatePlanning Acts. (f) To 4.22.7 If and when called upon so to do to produce to the Landlord on as soon as reasonably practicable following demand (but never more than once in a twelve (12) month period) and at the Landlord’s cost all plans, plans documents and other evidence as the Landlord may reasonably require in order to satisfy itself that all of the provisions in of this covenant clause have been complied withwith in all respects.

Appears in 1 contract

Sources: Lease (BlackRock Inc.)