PROVIDED ALWAYS AND IT Clause Samples
POPULAR SAMPLE Copied 1 times
PROVIDED ALWAYS AND IT. IS HEREBY EXPRESSLY AGREED as follows:-
(a) That the Lessor shall be entitled by notice in writing given to the Lessee at any time during the review period (as hereinafter defined) to call for a review of the yearly rent payable to the Lessor in respect of the demised premises and if upon review it shall be found that the commercial yearly rent (as hereinafter defined) of the demised premises at the review date (as hereinafter defined) next following the commencement of the review period in question shall on the occasion of such review be greater in amount then the yearly rent hereinbefore reserved (as revised and increased if such be the case on any previous review) and for the time being payable then as from the review date in question the amount of the yearly rent payable to the Lessor in respect of the demised premises shall be increased in manner following and thenceforth the said rent shall be paid by the Lessee at such increased rate to the Lessor;
(b) for the purposes of this sub-Clause the following expressions bear the meanings assigned to them as follows:-
PROVIDED ALWAYS AND IT. IS HEREBY EXPRESSLY AGREED AND DECLARED by and between the Lessor the Minister for Lands and Surveys and the Lessee as follows: —
(1) THAT it shall be lawful at all times for the Lessor —
(i) to grant to the Lessor in right of the State of Western Australia or of the Commonwealth of Australia easements (including easements without dominant tenements) or rights over the demised premises for any public purpose or purpose approved by the Lessor;
(ii) to require the Lessee to consent to the granting of such easements (including easements without dominant tenements) or rights in or over the demised premises as may from time to time be reasonably necessary for the overall development or use of the demised premises or for the overall development or use of the surrounding lands; and
(iii) to use or permit the use of the demised premises as is reasonably necessary for the overall development or use of the demised premises or for the overall development or use of the surrounding lands. PROVIDED ALWAYS that no such grant requirement use or permission to use shall be made if such grant requirement use or permission to use (as the case may be) would unduly prejudice the Lessee or unduly interfere with the operations of the Lessee under the Agreement.
(2) THAT subject to the Agreement all rights in the demised premises (other than those expressly or impliedly granted under this lease) are reserved to the Lessor or the Minister for Lands and Surveys as the case may be.
(3) THAT upon the determination of this lease which may be determined by effluxion of time or pursuant to the Agreement or by surrender it shall be lawful for the Lessor (without prejudice to any right of action of any one or more parties having rights hereunder in respect of any breach non‑performance or non‑observance of or non‑compliance with any of the covenants conditions and obligations contained herein and on the part of the Lessee to be performed observed or complied with and subject to subclause (6) of Clause 5 and to subclause (1) of Clause 24 of the Agreement) to re‑enter into and upon the demised premises or any part thereof in the name of the whole and the same to have again repossess and enjoy as if this lease had never been executed and the house or houses sheds and other buildings used in connection with the demised premises and all plant and equipment necessary for the effective operation of the irrigation system on the demised premises shall then remain or become the absolute property of ...
PROVIDED ALWAYS AND IT. IS MUTUALLY AGREED as follows:
A. That if and whenever any part of the rent hereby reserved or any other payments payable by the Tenant hereunder shall be in arrear for fifteen days (whether the same shall have been formally demanded or not) or if and whenever there shall be a breach of any of the agreements by the Tenant hereinbefore contained or if the Tenant (being an individual or sole proprietor or partnership) shall commit an act of bankruptcy or shall have its Business Registration cancelled or (being a corporation) shall go into liquidation (either voluntary or otherwise) or shall have any order made or resolution passed for winding up other than a resolution for the purpose of amalgamation or reconstruction or if the Tenant shall enter into any composition or arrangements with his creditors or shall suffer execution to be levied upon any of his goods or effects the Landlord shall upon the happening of any such event be entitled to re-enter upon the said premises or any part thereof in the name of the whole and thereupon this Agreement shall absolutely determine but without prejudice to any rights which may have accrued to the Landlord by reason of any antecedent breach of any of the obligations on the part of the Tenant hereinbefore contained AND the deposit paid hereunder shall be forfeited to the Landlord as and for liquidated damages and not as penalty but without prejudice to the Landlord's right to claim any further damages which the Landlord shall have sustained or may sustain AND a written notice served by the Landlord on the Tenant or left at the said premises to the effect that the Landlord thereby exercises the power of re-entry shall be a full and sufficient exercise of such power without actual entry on the part of the Landlord. Notwithstanding the foregoing, the Landlord may in any such event at its option elect not to terminate this Agreement but to deduct from the deposit the amount of any monetary loss incurred by the Landlord in consequence of the breach, non-observance or non- performance by the Tenant in which event the Tenant shall, as a condition precedent to the continuation of the tenancy, deposit with the Landlord the amount so deducted and, if the Tenant shall fail so to do, the Landlord shall forthwith be entitled to re-enter on the said premises and to determine this Agreement in which event the deposit may be forfeited to the Landlord as hereinbefore provided. Notwithstanding anything herein contained, the Landlord shal...
PROVIDED ALWAYS AND IT. IS HEREBY AGREED AND DECLARED that the terms and conditions contained in this Agreement shall be in addition to and not in substitution for terms and conditions implied herein by virtue of Section 67 of the Movable Property Security Rights Act except so far as such implied terms and conditions are inconsistent with the terms and conditions hereof in which case the terms and conditions hereof shall prevail.
PROVIDED ALWAYS AND IT. IS HEREBY AGREED as follows:
PROVIDED ALWAYS AND IT. IS HEREBY AGREED AND DECLARED by and between the
PROVIDED ALWAYS AND IT. IS H▇▇▇▇▇ AGREED as follows :-
PROVIDED ALWAYS AND IT. IS HEREBY AGREED AND DECLARED that the terms and conditions contained in this Agreement shall be in addition to and not in substitution to the laws of the Republic of Uganda.
15.1 Termination of this Agreement for any cause shall not release either Party from any liability which at the time of termination has already accrued to the other Party or which thereafter may accrue in respect of any act or omission prior to such termination.
PROVIDED ALWAYS AND IT. IS HEREBY AGREED that if the rent hereby reserved or any part thereof shall remain unpaid for 21 days after it has been demanded or if any covenants on the part of the Tenant herein contained shall not be performed or observed then and in any such case it shall be lawful for the Landlord at any time thereafter to re-enter upon the Demised Premises or any part thereof in the name of the whole and thereupon this demise shall absolutely determine but without prejudice to any right of action of either party hereto in respect of any antecedent breach of any covenant by the other party herein contained or to the right of the Tenant to enter the Demised Premises and to remove therefrom all such plant cables and other apparatus as aforesaid and other property of the Tenant. 5Declaration
PROVIDED ALWAYS AND IT. IS HEREBY AGREED that after the expiration of each period of five years (the time in each case being computed from the commencement date and the date of expiration of each such period being hereinafter referred to as the "relevant review date") the yearly rent first hereby reserved for the time being payable hereunder shall be reviewed (the Landlord being entitled at any time within the period of twelve months next before the relevant review 51. date or at any time thereafter to serve notice in writing upon the Tenant requiring a review of the rent hereby reserved) and from and after each relevant review date the yearly rent payable in respect of the demised premises shall be such sum (the "reviewed rent") as shall be agreed between the Landlord and the Tenant (or determined as hereinafter appearing) as represents the best yearly open market rack rental value of the demised premises as at the relevant review date as between a willing landlord and a willing tenant without taking a fine or premium for a term of years commencing on the relevant review date and equal in length to the whole of the term with vacant possession and taking no account of
(i) any goodwill attributable to the demised premises by reason of any trade or business carried on therein by the Tenant
(ii) any improvements to the demised premises carried out during the term by the Tenant with the consent of the Landlord other than any