PROVIDED ALWAYS Sample Clauses
The 'PROVIDED ALWAYS' clause serves as a conditional qualifier within a contract, introducing specific exceptions or limitations to a preceding statement or obligation. In practice, this clause is used to carve out particular circumstances under which the main provision does not apply or is modified—for example, stating that a party must perform an action unless a certain event occurs. Its core function is to ensure clarity and precision by explicitly stating boundaries or exceptions, thereby reducing ambiguity and potential disputes over the scope of contractual obligations.
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PROVIDED ALWAYS. (i) where at any time any budgets prepared by the Manager are revised as hereinbefore provided there shall be added to or deducted from the amount of the Advance Payment payable on the first day of each month for the remainder of the current financial year after such revision an amount equal to the difference between the relevant Management Charges in respect of the current financial year payable by the Owner concerned prior to such revision and the relevant Management Charges payable by that Owner in accordance with the revised budget divided by the number of complete months from the date of such revised budget to the end of the then current financial year; (ii) first day of the month immediately following the close of any financial year and on the first day of each of such subsequent months before the budget for the then financial year shall have been prepared and approved there shall be paid on account an amount equal to the Advance Payment payable by that Owner for the last month of the preceding financial year.
PROVIDED ALWAYS that in the event of the Landlord being unable to reinstate the demised premises substantially in accordance with its existing plan and elevation due to refusal of planning or other approvals, consents or licences the Tenant agrees to surrender this Lease when called upon by the Landlord so to do.
PROVIDED ALWAYS and it is hereby agreed as follows:
(1) It shall be the sole responsibility of the Landlord to insure the Demised Premises against loss or damage or other risks or contingencies as he deems fit and that the Tenant shall be responsible for the insurance of the Tenant’s own properties against loss, damage or other risks or contingencies as he deems fit.
(2) If the Tenant is desirous of extending the term created under this Agreement for a further term as stated in Section 12 of the Schedule hereto (hereinafter called “the Further Term”), the Tenarit shall, before the three (3) months preceding the expiration of the term hereby created, give the Landlord a written notice of the Tenant’s intention to extend the tenancy, whereupon the Landlord shall let the Demised Premises to the Tenant for the Further Term at a revised rent in the amount of rental as stated in Section 13 of the Schedule hereto and the Tenant shall maintain the Deposit or pay the Landlord a sum equivalent to 3-month revised rent as the deposit but in all other respects the Further Term created hereunder shall be subject to the terms and conditions herein contained (save and except this subclause for renewal which shall not be included in the Further Term).
(3) If:
(a) the Rent or any part thereof remains unpaid for seven (7) days after becoming due (although no formal demand has been made thqrefor);
(b) the Tenant commits a breach or non-performance of any of the covenants herein contained;
(c) any step is taken, an order is made, a resolution is passed or legislation is enacted for the winding-up, dissolution, liquidation or bankruptcy, as the case may be, of the Tenant or a petition for winding-up or bankruptcy, as the case may be, is presented against the Tenant;
(d) any execution or attachment is levied, enforced or issued against any of the Tenant’s assets at the Demised Premises, then in any of such cases it shall be lawful for the Landlord at any time thereafter to serve a notice requiring the Tenant to remedy the breach or default (if the same is capable of being remedied) and,
(e) upon the Tenant’s failure to remedy the breach or default complained of within a reasonable time; or
(f) in the case of an event of breach or default not capable of being remedied by the Tenant, it shall be lawful to re-enter the Demised Premises or any part thereof in the name of the whole and thereupon the term hereby created shall be treated as determined and the Deposit shall be forfeited by the Landlord...
PROVIDED ALWAYS. The BUILDER is obliged to do its utmost to avoid or minimise the Force Majeure Delay.
PROVIDED ALWAYS and it is hereby agreed as follows:-
a) If and whenever any part of the Rent hereby reserved shall be in arrears, the same may be recovered from the Lessee as arrears of Land Revenue under the Provision of Goa Land Revenue under the provisions of the Goa Daman and Diu Public Moneys (Recovery of ▇▇▇▇) ▇▇▇, ▇▇▇▇ of the Goa Land Revenue Code 1968 without prejudice to any other mode of recovery.
b) All arrears will be charged penal interest at the rate of 18% per annum.
c) In the event an allottee hands over the physical possession of the land/plot to a third party, it will be deemed to be an unauthorized transfer which shall not be recognized for any purpose and the Corporation shall levy a penalty equal to 10% per year or part thereof, of the prevailing premium rate per square meters for the plot area from the date of such unauthorized transfer, for having violated this regulations in addition to the applicable transfer fees. Should the allottee fail to regularize the unauthorized transfer by payment of fees and penalty within a notice period of 30 days the Corporation shall re-enter upon and resume the possession of the plot of Goa Industrial Development Corporation Transfer and Sublease Regulations, 2014.
d) In an event the Lessee/Allottee sub-leases or hands over the physical possession of the land/plot to a third party, it will be deemed to be an unauthorized sub-lease which shall not be recognized for any purpose, and the Corporation shall levy a penalty equal to 20% per year or part thereof of the prevailing sub-lease fees, calculated from the date of such unauthorized sub-lease for having violated these regulations in addition to the applicable sub-lease fees. Should the allottee fail to regularize the unauthorized sub-lease by payment of fees and penalty within a notice period of 30 days, the Corporation shall re-enter upon and resume the possession of the plot.
e) That the Lessee shall not directly or indirectly be entitled to transfer, assign, sell, encumber, sublet or part with its interest or benefit or possession in the demised premises and / or the said shed and the building thereon except with the prior permission from the Lessor and accordance with the stipulations as set out in the sale deed, which is being simultaneously executed along with this deed by and between the parties hereto. Such permission, if granted, will be subject to such terms and conditions including the levy of transfer fees as may be decided by the Lessor from time to tim...
PROVIDED ALWAYS that the provisions of this Clause 9 shall not apply to a transfer of shares by a Shareholder, being a body corporate, to another body corporate which is a affiliated company of that member or a subsidiary of that member or which is another subsidiary of such holding company.
PROVIDED ALWAYS that the Landlord may withhold, add or extend, vary, terminate or make any alteration in the provision of the Services referred to in Parts A and B above or any of them from time to time if the Landlord deems it desirable to do so.
PROVIDED ALWAYS and it is expressly agreed and declared that without prejudice to any other ground on which the Landlord may be entitled to withhold or refuse its consent the Landlord shall be entitled and it shall be deemed reasonable for the Landlord to refuse its consent to any alienation if:
(a) the proposed assignee undertenant or other person as aforesaid intends to alter the user of the Premises or any part of it in a manner which would be prohibited under the provisions of this Lease relating to permitted user of the Premises or under any superior lease or other deed or document affecting the Premises or the Landlords title;
(b) in the Landlord’s reasonable opinion there are at the date of the application for consent any material outstanding breaches of any of the covenants on the part of the Tenant or conditions contained in this Lease;
(c) in the Landlord’s reasonable opinion the alienation is to a person Connected to the Landlord; or
(d) where the proposed assignee or undertenant or other person as aforesaid enjoys diplomatic or state immunity.
PROVIDED ALWAYS a) That subject always to the constraints of the Rules of the League it the Professional is not able to fulfil his engagement with the Club as provided by this agreement for any cause whatsoever the Club shall arrange for a substitute to fulfil the Club's League engagements and shall deduct from the remuneration of the Professional the cost of such substitute of substitutes. The Professional shall use his best endeavours to assist the Club in the engagement of a substitute Professional.
PROVIDED ALWAYS notwithstanding clause 13.1, the Lessee may at any time and from time to time:
(a) transfer or assign its interest as Lessee under this Lease, or grant a sublease or licence of the whole or any part(s) of the Land, to any Government Agency; and/or
(b) grant a sublease or licence of the whole or any part(s) of the Land to any other person, in either case without further reference to the Lessor, who will be deemed to have approved such a transfer, assignment or sublease and will immediately sign any document necessary to give effect to such a transfer, assignment or sublease, if so requested by the Lessee.