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 shall have the right to charge by way of additional rent interest at the rate of 1.5% per month in respect of any payments to be made by the Tenant to the Landlord under this Agreement which shall be more than Fifteen days in arrears (whether legally or formally demanded or not) and such interest shall be payable by the Tenant to the Landlord on demand calculated from the date upon which such payments in arrears fell due (and not fifteen days thereafter) until the date of payment. The Landlord shall further be entitled to recover from the Tenant as a debt all expenses including fees paid to debt collectors appointed by the Landlord and all solicitors' and/or counsel's fees and court fees incurred by the Landlord for the purpose of recovering the rental in arrears and/or other moneys unpaid or any part thereof from the Tenant on a full indemnity basis together with such sum or sums as shall be determined by the Landlord as being collection charges for the additional work incurred by the Landlord and its staff and/or the manager of the said building (as the case may be) in recovering the said areas and/or unpaid sums or any part thereof. B. In the event of the said premises or any part thereof at any time during the said term being damaged or destroyed by fire or by any other cause (not attributable to the act or default of the Tenant) so as to be unfit for occupation and use or become subject to a closure order or become totally inaccessible to the Tenant then the rent hereby reserved or a fair proportion thereof according to the nature and extent of the damage sustained shall be suspended until the said premises shall again be rendered fit for occupation and use or until the said premises cease to be subject to a closure order or cease to be totally inaccessible and any dispute concerning this clause shall be determined by arbitration in accordance with the Arbitration Ordinance Cap.341 of the Laws of Hong Kong or any statutory enactment in that behalf for the time being in force Provided Always that the Landlord shall not be required to reinstate the said premises if by reason of their condition or any local regulations or other circumstances beyond the control of the Landlord it is in the opinion of the Landlord not economical or practicable or reasonable so to do. C. Acceptance of rent by the Landlord shall not be deemed to operate as a waiver by the Landlord of any right to proceed against the Tenant in respect of any breach non-observance or non-performance by the Tenant of any of the agreements stipulations and conditions herein contained and on the Tenant's part to be observed and performed. D. For the purpose of these presents any act default or omission of the agents servants visitors customers and workmen of the Tenant shall be deemed to be the act default or omission of the Tenant. E. To the extent that the Tenant can lawfully do so the Tenant hereby expressly declares that at the expiration or sooner determination of this Agreement the Tenant will not invoke or seek to avail himself of any protection which may or shall hereafter be afforded by any ordinance or regulation of Hong Kong protecting tenants or lessees from eviction but will promptly and punctually quit and deliver up possession of the said premises at the expiration of this Agreement or sooner determination as aforesaid. F. The Tenant shall on the signing of this Agreement pay to the Landlord the sums set out in Part II of the Schedule hereto by way of deposit for the due performance and observance of the agreements on the part of the Tenant herein contained. At the expiration or sooner determination of this Agreement subject to prior forfeiture in accordance with Clause 4(a) hereof if the Tenant shall have paid all rent due hereunder and if there shall be no breach of any of the agreements on the Tenant's part to be observed and performed the Landlord will repay to the Tenant the said deposit paid by the Tenant to the Landlord as a deposit on the signing of this Agreement but without any interest thereon within 30 days after delivery of vacant possession of the said premises to the Landlord and after full settlement of all outstanding payments in respect of the said premises payable by the Tenant. G. The Tenant hereby expressly declares that he has paid no premium construction fee, key money or other sum of money of a similar nature to the Landlord or other person or persons authorized by him for the possession of the said premises or for the granting of this Agreement. H. The Landlord shall not be under any liability to the Tenant or to any other person whomsoever in respect of any loss or damage to person or property sustained by the Tenant or any such other person caused by or through or in any way owing to any typhoon overflow of water or escape of fumes smoke fire or any other substance or thing originating from anywhere within the said Building. The Tenant shall fully and effectually indemnify the Landlord from and against all claims and demands made against the Landlord by any person in respect of any loss damage or injury caused by or through or in any way owing to the overflow of water or the escape of fumes smoke fire or any other substance or thing originating from the said premises or to the negligence or default of the Tenant his servants agents or licensees or to the defective or damaged condition of the interior of the said premises or any fixtures or fittings for the repair of which the Tenant is responsible hereunder and against all costs and expenses incurred by the Landlord in respect of any such claim or demand. I. The Landlord or his agents accepts no responsibility for any accident or damage which may be caused to the Tenant or any occupier of the said premises or their or his or her servants or customers arising from any defect in or operation of any lift in the said Building. J. For the purpose of Part III of the Landlord and Tenant (Consolidation) Ordinance Chapter 7 and of these presents the rent payable in respect of the said premises shall be and be deemed to be in arrear if not paid in advance at the times and in manner hereinbefore provided for payment thereof. All costs of and incidental to the demand for rent distraint or any legal action for the recovery of rent and any other sums due hereunder shall be recoverable from the Tenant as a debt. K. During the two months immediately preceding the expiration of the term hereby created the Landlord shall be at liberty to affix and maintain without interference upon any external part of the said premises a notice for re-letting the said premises and the Tenant shall permit persons authorized by the Landlord or its agents at reasonable time of the day to view the said premises or any part thereof. L. The expression "the Tenant" shall (where the context permits) mean and include the party or parties specifically named and shall not include the executors and administrators of any such party or where such party is a corporation any liquidator thereof.
Appears in 1 contract
Sources: Lease Agreement (Creative Master International Inc)
PROVIDED ALWAYS AND IT. IS MUTUALLY EXPRESSLY AGREED as follows:follows:-
A. That if and whenever any part of (a) If the rent hereby reserved or any other payments payable by the Tenant hereunder part thereof shall at any time be in arrear unpaid for fifteen fourteen (14) days (whether after the same shall have been become due (whether formally demanded for or not) or any covenant on the Co-Tenants' part herein contained shall not be performed or observed or if and whenever there the Co-Tenants shall have a receiving order made against him or shall have made any assignment for the benefit of his creditors or entered into any agreement or made any arrangements with his creditors by composition or otherwise or suffered any distress or attachment or execution to be levied against his goods or if the Co-Tenants for the time being 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) company and shall go into liquidation (either voluntary whether compulsory or otherwise) or shall have any order made or resolution passed for winding up other than a resolution otherwise except for the purpose of amalgamation or reconstruction or if the Tenant amalgamation then and in any such cases it shall enter into any composition or arrangements with his creditors or shall suffer execution to be levied upon any of his goods or effects lawful for the Landlord shall upon the happening of at any such event be entitled time thereafter to re-enter upon the said premises Demised Premises or any part thereof in the name of the whole and thereupon this Agreement the tenancy shall absolutely determine but without prejudice to any rights which may have accrued to the right of action of the Landlord by reason of in respect or any antecedent breach of any of the obligations conditions on the part of the Tenant hereinbefore Co-Tenants herein contained.
(b) The Landlord shall at the written request of the Co-Tenants made not less than three (3) months before expiration of the term hereby created and if there shall not at the time of such request by any existing breach or non-observance of any of the covenants for the part of the Co-Tenants herein contained AND to the performed at the Co-Tenants' expense grant to the Co-Tenants a Tenancy of the Demised Premises for a further term and subject to the conditions stipulated in the Schedule J.
(c) If the Co-Tenants shall unilaterally determine the tenancy before the expiry of the term hereby created the deposit paid hereunder shall be absolutely 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 shall have the right to charge by way of additional rent interest at the rate of 1.5% per month in respect of any payments to be made by the Tenant to the Landlord under this Agreement which shall be more than Fifteen days in arrears (whether legally or formally demanded or not) and such interest shall be payable by the Tenant to the Landlord on demand calculated from the date upon which such payments in arrears fell due (and not fifteen days thereafter) until the date of payment. The Landlord shall further be entitled to recover from the Tenant as a debt all expenses including fees paid to debt collectors appointed by the Landlord and all solicitors' and/or counsel's fees and court fees incurred by the Landlord for the purpose of recovering the rental in arrears and/or other moneys unpaid or any part thereof from the Tenant on a full indemnity basis together with such sum or sums as shall be determined by the Landlord as being collection charges for the additional work incurred by the Landlord and its staff and/or the manager of the said building (as the case may be) in recovering the said areas and/or unpaid sums or any part thereof.
B. In the event of the said premises or any part thereof at any time during the said term being damaged or destroyed by fire or by any other cause (not attributable to the act or default of the Tenant) so as to be unfit for occupation and use or become subject to a closure order or become totally inaccessible to the Tenant then the rent hereby reserved or a fair proportion thereof according to the nature and extent of the damage sustained shall be suspended until the said premises shall again be rendered fit for occupation and use or until the said premises cease to be subject to a closure order or cease to be totally inaccessible and any dispute concerning this clause shall be determined by arbitration in accordance with the Arbitration Ordinance Cap.341 of the Laws of Hong Kong or any statutory enactment in that behalf for the time being in force Provided Always that the Landlord shall not be required to reinstate the said premises if by reason of their condition or any local regulations or other circumstances beyond the control of the Landlord it is in the opinion of the Landlord not economical or practicable or reasonable so to do.
C. Acceptance of rent by the Landlord shall not be deemed to operate as a waiver by the Landlord of any right to proceed action against the Tenant in respect of any Co-Tenants for damages for breach non-observance or non-performance by the Tenant of any of the agreements stipulations and conditions herein contained and on the Tenant's part to be observed and performed.
D. For the purpose of these presents any act default or omission of the agents servants visitors customers and workmen of the Tenant shall be deemed to be the act default or omission of the Tenant.
E. To the extent that the Tenant can lawfully do so the Tenant hereby expressly declares that at the expiration or sooner determination of this Agreement the Tenant will not invoke or seek to avail himself of any protection which may or shall hereafter be afforded by any ordinance or regulation of Hong Kong protecting tenants or lessees from eviction but will promptly and punctually quit and deliver up possession of the said premises at the expiration of this Agreement or sooner determination as aforesaid.
F. The Tenant shall on the signing of this Agreement pay to the Landlord the sums set out in Part II of the Schedule hereto by way of deposit for the due performance and observance of the agreements on the part of the Tenant herein contained. At the expiration or sooner determination of this Agreement subject to prior forfeiture in accordance with Clause 4(a) hereof if the Tenant shall have paid all rent due hereunder and if there shall be no breach of any of the agreements on the Tenant's part to be observed and performed the Landlord will repay to the Tenant the said deposit paid by the Tenant to the Landlord as a deposit on the signing of this Agreement but without any interest thereon within 30 days after delivery of vacant possession of the said premises to the Landlord and after full settlement of all outstanding payments in respect of the said premises payable by the Tenant.
G. The Tenant hereby expressly declares that he has paid no premium construction fee, key money or other sum of money of a similar nature to the Landlord or other person or persons authorized by him for the possession of the said premises or for the granting of this Agreement.
H. The Landlord shall not be under any liability to the Tenant or to any other person whomsoever in respect of any loss or damage to person or property sustained by the Tenant or any such other person caused by or through or in any way owing to any typhoon overflow of water or escape of fumes smoke fire or any other substance or thing originating from anywhere within the said Building. The Tenant shall fully and effectually indemnify the Landlord from and against all claims and demands made against the Landlord by any person in respect of any loss damage or injury caused by or through or in any way owing to the overflow of water or the escape of fumes smoke fire or any other substance or thing originating from the said premises or to the negligence or default of the Tenant his servants agents or licensees or to the defective or damaged condition of the interior of the said premises or any fixtures or fittings for the repair of which the Tenant is responsible hereunder and against all costs and expenses incurred by the Landlord in respect of any such claim or demand.
I. The Landlord or his agents accepts no responsibility for any accident or damage which may be caused to the Tenant or any occupier of the said premises or their or his or her servants or customers arising from any defect in or operation of any lift in the said Building.
J. For the purpose of Part III of the Landlord and Tenant (Consolidation) Ordinance Chapter 7 and of these presents the rent payable in respect of the said premises shall be and be deemed to be in arrear if not paid in advance at the times and in manner hereinbefore provided for payment thereof. All costs of and incidental to the demand for rent distraint or any legal action for the recovery of rent and any other sums due hereunder shall be recoverable from the Tenant as a debt.
K. During the two months immediately preceding the expiration of the term hereby created the Landlord shall be at liberty to affix and maintain without interference upon any external part of the said premises a notice for re-letting the said premises and the Tenant shall permit persons authorized by the Landlord or its agents at reasonable time of the day to view the said premises or any part thereof.
L. The expression "the Tenant" shall (where the context permits) mean and include the party or parties specifically named and shall not include the executors and administrators of any such party or where such party is a corporation any liquidator thereof.
Appears in 1 contract
PROVIDED ALWAYS AND IT. IS MUTUALLY AGREED is hereby further agreed as follows:
A. That if (1) If and whenever any part of during the rent Term the said rents hereby reserved or any other payments payable by the Tenant hereunder of them or any part thereof shall be in arrear and unpaid for fifteen twenty one days next after becoming payable (whether the same shall have been formally demanded or not) or if and whenever there shall be a any breach or non-performance or non-observance of any of the agreements by covenants on the part of the Tenant hereinbefore herein contained or if the Tenant (being an individual or sole proprietor or partnershipindividual) shall commit an act of bankruptcy become bankrupt or shall have its Business Registration cancelled or if the Tenant (being a corporationcompany) shall go enter into liquidation whether compulsory or voluntary (either voluntary or otherwise) or shall have any order made or resolution passed for winding up other than a resolution save for the purpose of amalgamation or reconstruction of a solvent company) or if a receiver shall be appointed of its undertaking or if the Tenant for the time being shall enter into any arrangement or composition or arrangements with his for the benefit of the Tenant's creditors or shall suffer any distress or execution to be levied upon on the Tenant's goods then and on any of his goods or effects the said cases it shall be lawful for the Landlord shall at any time thereafter and notwithstanding the waiver of any previous rights of re-entry to enter into and upon the happening of any such event be entitled to re-enter upon the said demised premises or any part thereof in the name of the whole and thereupon this Agreement the said Term shall absolutely cease and determine but without prejudice to any rights or remedies which may have accrued to either party against the Landlord by reason other in respect 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 covenants herein contained,
(2) In case the Landlord shall have the right to charge by way of additional rent interest at the rate of 1.5% per month in respect of any payments to be made by the Tenant to the Landlord under this Agreement which shall be more than Fifteen days in arrears (whether legally or formally demanded or not) and such interest shall be payable by the Tenant to the Landlord on demand calculated from the date upon which such payments in arrears fell due (and not fifteen days thereafter) until the date of payment. The Landlord shall further be entitled to recover from the Tenant as a debt all expenses including fees paid to debt collectors appointed by the Landlord and all solicitors' and/or counsel's fees and court fees incurred by the Landlord for the purpose of recovering the rental in arrears and/or other moneys unpaid or any part thereof from the Tenant on a full indemnity basis together with such sum or sums as shall be determined by the Landlord as being collection charges for the additional work incurred by the Landlord and its staff and/or the manager of the said building (as the case may be) in recovering the said areas and/or unpaid sums or any part thereof.
B. In the event of the said demised premises or any part thereof shall at any time during the said term being Term be so damaged or destroyed by fire the insured risks or by any other cause (not attributable to risks against which the act or default of the Tenant) so Landlord shall have insured as to be unfit for occupation and use then (unless the insurance moneys shall be wholly or become subject to a closure order partially irrecoverable by reason solely or become totally inaccessible to in part of any act or default of the Tenant then the rent Tenant)the rents hereby reserved or a fair proportion thereof according to the nature and extent of the damage sustained shall be suspended until the said demised premises shall again be rendered fit for occupation and use or until three years after such damage or destruction whichever is the said premises cease to be subject to a closure order or cease to be totally inaccessible shorter and any dispute concerning with reference to this clause proviso shall be determined by referred to arbitration in accordance with the Arbitration Ordinance Cap.341 of the Laws of Hong Kong Act 1996 or any statutory modification or re-enactment in that behalf thereof for the time being in force Provided Always that the Landlord shall not be required to reinstate the said premises if by reason of their condition or any local regulations or other circumstances beyond the control of the Landlord it is in the opinion of the Landlord not economical or practicable or reasonable so to do.force
C. Acceptance (3) The demand for and/or acceptance of rent by the Landlord or its agents shall not be deemed to operate as constitute a waiver by the Landlord of any right to proceed against the Tenant in respect of any breach non-observance or non-performance by the Tenant of any of the agreements stipulations and conditions herein contained and on the Tenant's part to be observed and performed.
D. For the purpose of these presents any act default or omission of the agents servants visitors customers and workmen of the Tenant shall be deemed to be the act default or omission of the Tenant.
E. To the extent that the Tenant can lawfully do so the Tenant hereby expressly declares that at the expiration or sooner determination of this Agreement the Tenant will not invoke or seek to avail himself of any protection which may or shall hereafter be afforded by any ordinance or regulation of Hong Kong protecting tenants or lessees from eviction but will promptly and punctually quit and deliver up possession of the said premises at the expiration of this Agreement or sooner determination as aforesaid.
F. The Tenant shall on the signing of this Agreement pay to the Landlord the sums set out in Part II of the Schedule hereto by way of deposit for the due performance and observance of the agreements covenants on the part of the Tenant herein contained. At contained or of the expiration Landlord's remedies for the non-performance or sooner determination non-observance thereof
(4) Nothing herein contained or implied shall be taken to be a warranty or representation as to the purpose for which the demised premises may be lawfully used
(5) For the purpose of this Agreement subject the service of all notices hereby or by statute authorised to prior forfeiture be so served the provisions contained in accordance with Clause 4(aSection 196 of the Law of Property Act 1925 as amended by the Recorded Delivery Act 1962 shall be deemed to be incorporated herein
(6) hereof if Subject to the provisions of sub-section (2) of Section 38 of the Landlord and Tenant Act 1954 neither the Tenant shall have paid all rent due hereunder and if there nor any assignee or underlessee of the demised premises shall be no entitled on quitting the demised premises to any compensation under Section 37 of the same Act or under any corresponding provision in any Act amending the or replacing the same
(7) No receipt of rent or other payment paid by direct debit standing order or otherwise inadvertently accepted by the Landlord or its personnel after notice or knowledge of any breach of any of the agreements on the Tenant's part Covenants shall operate as a waiver wholly or partially of any such breach
(8) Any walls dividing the demised premises from any adjoining building or premises shall be deemed to be observed party walls and performed the Landlord will repay to shall be repaired and maintained accordingly
(9) Any dispute arising between the Tenant and any owner or occupier of any neighbouring or adjacent land or premises as to any easement right or privilege or any quasi-easement right or privilege in connection with the said deposit paid by the Tenant demised premises or any adjoining or neighbouring land or premises or as to the Landlord as a deposit on the signing of this Agreement but without any interest thereon within 30 days after delivery of vacant possession of the said premises to the Landlord and after full settlement of all outstanding payments in respect of the said premises payable by the Tenant.
G. The Tenant hereby expressly declares that he has paid no premium construction fee, key money party or other sum of money of a similar nature to walls shall be determined by the Landlord or other person its surveyors or persons authorized by him architect for the possession of time being to whose decision the said premises or Tenant shall from time to time submit
(10) This Lease is a new tenancy for the granting purposes of this Agreement.
H. The Landlord shall not be under any liability to the Tenant or to any other person whomsoever in respect of any loss or damage to person or property sustained by the Tenant or any such other person caused by or through or in any way owing to any typhoon overflow of water or escape of fumes smoke fire or any other substance or thing originating from anywhere within the said Building. The Tenant shall fully and effectually indemnify the Landlord from and against all claims and demands made against the Landlord by any person in respect of any loss damage or injury caused by or through or in any way owing to the overflow of water or the escape of fumes smoke fire or any other substance or thing originating from the said premises or to the negligence or default of the Tenant his servants agents or licensees or to the defective or damaged condition of the interior of the said premises or any fixtures or fittings for the repair of which the Tenant is responsible hereunder and against all costs and expenses incurred by the Landlord in respect of any such claim or demand.
I. The Landlord or his agents accepts no responsibility for any accident or damage which may be caused to the Tenant or any occupier of the said premises or their or his or her servants or customers arising from any defect in or operation of any lift in the said Building.
J. For the purpose of Part III Section 1 of the Landlord and Tenant (ConsolidationCovenants) Ordinance Chapter 7 and of these presents the rent payable in respect of the said premises shall be and be deemed Act 1995
(11) It is hereby certified that there is no agreement to be in arrear if not paid in advance at the times and in manner hereinbefore provided for payment thereof. All costs of and incidental to the demand for rent distraint or any legal action for the recovery of rent and any other sums due hereunder shall be recoverable from the Tenant as a debt.
K. During the two months immediately preceding the expiration of the term hereby created the Landlord shall be at liberty to affix and maintain without interference upon any external part of the said premises a notice for re-letting the said premises and the Tenant shall permit persons authorized by the Landlord or its agents at reasonable time of the day to view the said premises or any part thereof.
L. The expression "the Tenant" shall (where the context permits) mean and include the party or parties specifically named and shall not include the executors and administrators of any such party or where such party is a corporation any liquidator thereof.which this Lease gives effect
Appears in 1 contract
Sources: Lease Agreement
PROVIDED ALWAYS AND IT. IS MUTUALLY HEREBY AGREED as follows:follows:-
A. That if and whenever any part of (1) If the rent hereby reserved or any other payments payable by the Tenant hereunder part thereof shall be in arrear unpaid for fifteen twenty-one days after becoming payable (whether the same shall have been formally demanded or not) or if any covenant on the Lessee’s part herein contained shall not be performed or observed then and whenever there in such cases it 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 lawful for the purpose of amalgamation or reconstruction or if the Tenant shall enter into Lessor at 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 time thereafter to re-enter upon the said premises Demised Premises or any part thereof in the name of the whole and thereupon this Agreement demise shall absolutely determine but without prejudice to the right of action of the Lessor in respect of any rights which may have accrued breach of the Lessee’s covenants herein contained.
(2) That if any question, difference or dispute shall arise between the parties hereto of any person or persons or corporation claiming under them respectively concerning the rent hereby reserved or touching the construction of any clause herein contained or the rights, duties or liabilities of the parties hereunder or if the parties hereto shall fail to agree upon the quantum of any compensation payable hereunder or in any other way touching or arising out of these presents the same shall be referred to the Landlord by reason decision of two arbitrators before proceeding in the reference in accordance with the Arbitration Act or any antecedent breach of statutory re- enactment or modification and/or any amendment thereof for the time being in force.
(3) Any notice requiring to be served hereunder shall be sufficiently served in the case of the obligations Lessee if left addressed to him on the Demised Premises or forwarded to him by post or left at his last known address in Trinidad and in the case of the Lessor if addressed to him and left at or sent by post to him at his address hereinbefore mentioned. A notice sent by post shall be deemed to be given at the time when in due course of post it would be delivered to the address to which it is sent.
(4) In these presents where necessary words in the masculine shall include the feminine or neuter gender words in the singular shall include the plural numbered and the covenants on the part of the Tenant Lessor and the Lessee 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 if entered into or may sustain AND a written notice served by the Landlord binding 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 shall have the right to charge by way of additional rent interest at the rate of 1.5% per month in respect of any payments to be made by the Tenant to the Landlord under this Agreement which shall be more than Fifteen days in arrears (whether legally or formally demanded or not) and such interest shall one person be payable by the Tenant to the Landlord on demand calculated from the date upon which such payments in arrears fell due (and not fifteen days thereafter) until the date of payment. The Landlord shall further be entitled to recover from the Tenant joint as a debt all expenses including fees paid to debt collectors appointed by the Landlord and all solicitors' and/or counsel's fees and court fees incurred by the Landlord for the purpose of recovering the rental in arrears and/or other moneys unpaid or any part thereof from the Tenant on a full indemnity basis together with such sum or sums as shall be determined by the Landlord as being collection charges for the additional work incurred by the Landlord and its staff and/or the manager of the said building (as the case may be) in recovering the said areas and/or unpaid sums or any part thereofwell several.
B. In the event of the said premises or any part thereof at any time during the said term being damaged or destroyed by fire or by any other cause (not attributable to the act or default of the Tenant) so as to be unfit for occupation and use or become subject to a closure order or become totally inaccessible to the Tenant then the rent hereby reserved or a fair proportion thereof according to the nature and extent of the damage sustained shall be suspended until the said premises shall again be rendered fit for occupation and use or until the said premises cease to be subject to a closure order or cease to be totally inaccessible and any dispute concerning this clause shall be determined by arbitration in accordance with the Arbitration Ordinance Cap.341 of the Laws of Hong Kong or any statutory enactment in that behalf for the time being in force Provided Always that the Landlord shall not be required to reinstate the said premises if by reason of their condition or any local regulations or other circumstances beyond the control of the Landlord it is in the opinion of the Landlord not economical or practicable or reasonable so to do.
C. Acceptance of rent by the Landlord shall not be deemed to operate as a waiver by the Landlord of any right to proceed against the Tenant in respect of any breach non-observance or non-performance by the Tenant of any of the agreements stipulations and conditions herein contained and on the Tenant's part to be observed and performed.
D. For the purpose of these presents any act default or omission of the agents servants visitors customers and workmen of the Tenant shall be deemed to be the act default or omission of the Tenant.
E. To the extent that the Tenant can lawfully do so the Tenant hereby expressly declares that at the expiration or sooner determination of this Agreement the Tenant will not invoke or seek to avail himself of any protection which may or shall hereafter be afforded by any ordinance or regulation of Hong Kong protecting tenants or lessees from eviction but will promptly and punctually quit and deliver up possession of the said premises at the expiration of this Agreement or sooner determination as aforesaid.
F. The Tenant shall on the signing of this Agreement pay to the Landlord the sums set out in Part II of the Schedule hereto by way of deposit for the due performance and observance of the agreements on the part of the Tenant herein contained. At the expiration or sooner determination of this Agreement subject to prior forfeiture in accordance with Clause 4(a) hereof if the Tenant shall have paid all rent due hereunder and if there shall be no breach of any of the agreements on the Tenant's part to be observed and performed the Landlord will repay to the Tenant the said deposit paid by the Tenant to the Landlord as a deposit on the signing of this Agreement but without any interest thereon within 30 days after delivery of vacant possession of the said premises to the Landlord and after full settlement of all outstanding payments in respect of the said premises payable by the Tenant.
G. The Tenant hereby expressly declares that he has paid no premium construction fee, key money or other sum of money of a similar nature to the Landlord or other person or persons authorized by him for the possession of the said premises or for the granting of this Agreement.
H. The Landlord shall not be under any liability to the Tenant or to any other person whomsoever in respect of any loss or damage to person or property sustained by the Tenant or any such other person caused by or through or in any way owing to any typhoon overflow of water or escape of fumes smoke fire or any other substance or thing originating from anywhere within the said Building. The Tenant shall fully and effectually indemnify the Landlord from and against all claims and demands made against the Landlord by any person in respect of any loss damage or injury caused by or through or in any way owing to the overflow of water or the escape of fumes smoke fire or any other substance or thing originating from the said premises or to the negligence or default of the Tenant his servants agents or licensees or to the defective or damaged condition of the interior of the said premises or any fixtures or fittings for the repair of which the Tenant is responsible hereunder and against all costs and expenses incurred by the Landlord in respect of any such claim or demand.
I. The Landlord or his agents accepts no responsibility for any accident or damage which may be caused to the Tenant or any occupier of the said premises or their or his or her servants or customers arising from any defect in or operation of any lift in the said Building.
J. For the purpose of Part III of the Landlord and Tenant (Consolidation) Ordinance Chapter 7 and of these presents the rent payable in respect of the said premises shall be and be deemed to be in arrear if not paid in advance at the times and in manner hereinbefore provided for payment thereof. All costs of and incidental to the demand for rent distraint or any legal action for the recovery of rent and any other sums due hereunder shall be recoverable from the Tenant as a debt.
K. During the two months immediately preceding the expiration of the term hereby created the Landlord shall be at liberty to affix and maintain without interference upon any external part of the said premises a notice for re-letting the said premises and the Tenant shall permit persons authorized by the Landlord or its agents at reasonable time of the day to view the said premises or any part thereof.
L. The expression "the Tenant" shall (where the context permits) mean and include the party or parties specifically named and shall not include the executors and administrators of any such party or where such party is a corporation any liquidator thereof.
Appears in 1 contract
Sources: Lease Agreement
PROVIDED ALWAYS AND IT. IS MUTUALLY EXPRESSLY AGREED as follows:follows:-
A. That if and whenever any part of (a) If the rent hereby reserved or any other payments payable by the Tenant hereunder part thereof shall at any time be in arrear unpaid for fifteen fourteen (14) days (whether after the same shall have been become due (whether formally demanded for or not) or if and whenever there any covenant on the Tenant's part herein contained shall not be a breach of any of the agreements by the Tenant hereinbefore contained performed 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 observed or if the Tenant shall enter have a receiving order made against him or shall have made any assignment for the benefit of his creditors or entered into any composition agreement or made any arrangements with his creditors by composition or shall suffer otherwise or suffered any distress or attachment or execution to be levied upon any of against his goods or effects if the Tenant for the time being shall be a company and shall go into liquidation whether compulsory or otherwise except for the purpose of reconstruction or amalgamation then and in any such cases it shall be lawful for the Landlord shall upon the happening of at any such event be entitled time thereafter to re-enter upon the said premises Demised Premises or any part thereof in the name of the whole and thereupon this Agreement the tenancy shall absolutely determine but without prejudice to any rights which may have accrued to the right of action of the Landlord by reason of in respect or 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 shall have the right to charge by way of additional rent interest at the rate of 1.5% per month in respect of any payments to be made by the Tenant to the Landlord under this Agreement which shall be more than Fifteen days in arrears (whether legally or formally demanded or not) and such interest shall be payable by the Tenant to the Landlord on demand calculated from the date upon which such payments in arrears fell due (and not fifteen days thereafter) until the date of payment. The Landlord shall further be entitled to recover from the Tenant as a debt all expenses including fees paid to debt collectors appointed by the Landlord and all solicitors' and/or counsel's fees and court fees incurred by the Landlord for the purpose of recovering the rental in arrears and/or other moneys unpaid or any part thereof from the Tenant on a full indemnity basis together with such sum or sums as shall be determined by the Landlord as being collection charges for the additional work incurred by the Landlord and its staff and/or the manager of the said building (as the case may be) in recovering the said areas and/or unpaid sums or any part thereof.
B. In the event of the said premises or any part thereof at any time during the said term being damaged or destroyed by fire or by any other cause (not attributable to the act or default of the Tenant) so as to be unfit for occupation and use or become subject to a closure order or become totally inaccessible to the Tenant then the rent hereby reserved or a fair proportion thereof according to the nature and extent of the damage sustained shall be suspended until the said premises shall again be rendered fit for occupation and use or until the said premises cease to be subject to a closure order or cease to be totally inaccessible and any dispute concerning this clause shall be determined by arbitration in accordance with the Arbitration Ordinance Cap.341 of the Laws of Hong Kong or any statutory enactment in that behalf for the time being in force Provided Always that the Landlord shall not be required to reinstate the said premises if by reason of their condition or any local regulations or other circumstances beyond the control of the Landlord it is in the opinion of the Landlord not economical or practicable or reasonable so to do.
C. Acceptance of rent by the Landlord shall not be deemed to operate as a waiver by the Landlord of any right to proceed against the Tenant in respect of any breach non-observance or non-performance by the Tenant of any of the agreements stipulations and conditions herein contained and on the Tenant's part to be observed and performed.
D. For the purpose of these presents any act default or omission of the agents servants visitors customers and workmen of the Tenant shall be deemed to be the act default or omission of the Tenant.
E. To the extent that the Tenant can lawfully do so the Tenant hereby expressly declares that at the expiration or sooner determination of this Agreement the Tenant will not invoke or seek to avail himself of any protection which may or shall hereafter be afforded by any ordinance or regulation of Hong Kong protecting tenants or lessees from eviction but will promptly and punctually quit and deliver up possession of the said premises at the expiration of this Agreement or sooner determination as aforesaid.
F. The Tenant shall on the signing of this Agreement pay to the Landlord the sums set out in Part II of the Schedule hereto by way of deposit for the due performance and observance of the agreements on the part of the Tenant herein contained. At the expiration or sooner determination of this Agreement subject to prior forfeiture in accordance with Clause 4(a) hereof if the Tenant shall have paid all rent due hereunder and if there shall be no breach of any of the agreements on the Tenant's part to be observed and performed the Landlord will repay to the Tenant the said deposit paid by the Tenant to the Landlord as a deposit on the signing of this Agreement but without any interest thereon within 30 days after delivery of vacant possession of the said premises to the Landlord and after full settlement of all outstanding payments in respect of the said premises payable by the Tenant.
G. The Tenant hereby expressly declares that he has paid no premium construction fee, key money or other sum of money of a similar nature to the Landlord or other person or persons authorized by him for the possession of the said premises or for the granting of this Agreement.
H. (b) The Landlord shall not be under any liability to at the Tenant or to any other person whomsoever in respect of any loss or damage to person or property sustained by the Tenant or any such other person caused by or through or in any way owing to any typhoon overflow of water or escape of fumes smoke fire or any other substance or thing originating from anywhere within the said Building. The Tenant shall fully and effectually indemnify the Landlord from and against all claims and demands made against the Landlord by any person in respect of any loss damage or injury caused by or through or in any way owing to the overflow of water or the escape of fumes smoke fire or any other substance or thing originating from the said premises or to the negligence or default written request of the Tenant his servants agents or licensees or to the defective or damaged condition of the interior of the said premises or any fixtures or fittings for the repair of which the Tenant is responsible hereunder and against all costs and expenses incurred by the Landlord in respect of any such claim or demand.
I. The Landlord or his agents accepts no responsibility for any accident or damage which may be caused to the Tenant or any occupier of the said premises or their or his or her servants or customers arising from any defect in or operation of any lift in the said Building.
J. For the purpose of Part III of the Landlord and Tenant made not less than three (Consolidation3) Ordinance Chapter 7 and of these presents the rent payable in respect of the said premises shall be and be deemed to be in arrear if not paid in advance at the times and in manner hereinbefore provided for payment thereof. All costs of and incidental to the demand for rent distraint or any legal action for the recovery of rent and any other sums due hereunder shall be recoverable from the Tenant as a debt.
K. During the two months immediately preceding the before expiration of the term hereby created and if there shall not at the Landlord shall be at liberty to affix and maintain without interference upon time of such request by any external existing breach or non- observance of any of the covenants for the part of the said premises Tenant herein contained to the performed at the Tenant's expense grant to the Tenant a notice Tenancy of the Demised Premises for re-letting a further term and subject to the said premises and conditions stipulated in the Schedule J.
(c) If the Tenant shall permit persons authorized by unilaterally determine the tenancy before the expiry of the term hereby created the deposit shall be absolutely forfeited to the Landlord or its agents at reasonable time without prejudice to the Landlord's right of action against the day to view the said premises or any part thereofTenant for damages for breach of this Agreement.
L. The expression "the Tenant" shall (where the context permits) mean and include the party or parties specifically named and shall not include the executors and administrators of any such party or where such party is a corporation any liquidator thereof.
Appears in 1 contract
PROVIDED ALWAYS AND IT. IS MUTUALLY AGREED AND DECLARED as follows:follows:-
A. That if (1) Any notices demands consents statements and whenever any part approvals under this Lease must be in writing and all such notices demands consents statements and approvals may be effectively served in accordance with the provisions of the rent Contract for Services.
(2) Having been authorised to do so by an Order of the Leeds County Court made on the day of 2003 under the provisions of Section 38(4) of the Landlord and Tenant Act 1954 the parties hereto agree that the provisions of Sections 24 to 28 of that Act shall be excluded in relation to the tenancy hereby reserved or created
(3) The Tenant is not entitled to claim from the Landlord any other payments payable by compensation on quitting the Demised Premises under the Landlord and Tenant Act 1927 and the Landlord and Tenant Act 1954 to the extent that statute permits such exclusion. Provided That this clause 7(3) shall not affect the provisions contained in the Contract for Services dealing with the payment of compensation to the Tenant hereunder shall be in arrear for fifteen days (whether Works done under the same shall have been formally demanded or not) or if and whenever there shall be a breach of any provisions of the agreements by the Tenant hereinbefore contained or if the Tenant Contract for Services.
(being an individual or sole proprietor or partnership4) This Lease shall commit an act of bankruptcy or shall have its Business Registration cancelled or determine (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 either party’s rights which may have accrued to the Landlord by reason in respect of any antecedent breach by the other of any its obligations herein contained) immediately without notice on the earlier of the obligations on Termination Date or the part of Expiry Date as defined in the Tenant hereinbefore contained AND the deposit paid hereunder shall be forfeited Contract for Services
(5) It is hereby agreed that save 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 extent that such rights are expressly granted hereunder the Tenant or left at the said premises to the effect that the Landlord thereby exercises the power of re-entry their successors in title 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 any easement or right of light or air otherwise which would in any way restrict or interfere with the said premises and to determine this Agreement in which event the deposit may be forfeited free use of any adjoining land or property belonging to the Landlord as hereinbefore provided. Notwithstanding anything herein contained, Councils for building or any other purposes and the Landlord shall have the right to charge by way of additional rent interest at the rate of 1.5% per month in respect implication of any payments to be made by such right is hereby excluded
(6) Sums due from the Tenant to the Landlord Council under this Agreement which shall be more than Fifteen days in arrears (whether legally or formally demanded or not) and such interest shall be payable by the Tenant to the Landlord on demand calculated from the date upon which such payments in arrears fell due (and not fifteen days thereafter) until the date of payment. The Landlord shall further be entitled to recover from the Tenant as a debt all expenses including fees paid to debt collectors appointed by the Landlord and all solicitors' and/or counsel's fees and court fees incurred by the Landlord for the purpose of recovering the rental in arrears and/or other moneys unpaid or any part thereof from the Tenant on a full indemnity basis together with such sum or sums as shall be determined by the Landlord as being collection charges for the additional work incurred by the Landlord and its staff and/or the manager of the said building (as the case may be) in recovering the said areas and/or unpaid sums or any part thereof.
B. In the event of the said premises or any part thereof at any time during the said term being damaged or destroyed by fire or by any other cause (not attributable to the act or default of the Tenant) so as to be unfit for occupation and use or become subject to a closure order or become totally inaccessible to the Tenant then the rent hereby reserved or a fair proportion thereof according to the nature and extent of the damage sustained shall be suspended until the said premises shall again be rendered fit for occupation and use or until the said premises cease to be subject to a closure order or cease to be totally inaccessible and any dispute concerning this clause shall be determined by arbitration lease are recoverable in accordance with the Arbitration Ordinance Cap.341 of the Laws of Hong Kong or any statutory enactment in that behalf Contract for the time being in force Provided Always that the Landlord Services.
(7) The Council shall not be required to reinstate the said premises if by reason of their condition or any local regulations or other circumstances beyond the control of the Landlord it is in the opinion of the Landlord not economical or practicable or reasonable so to do.
C. Acceptance of rent by the Landlord shall not be deemed to operate as a waiver by the Landlord of any right to proceed against the Tenant in respect of any breach non-observance or non-performance by the Tenant of any of the agreements stipulations and conditions herein contained and on the Tenant's part to be observed and performed.
D. For the purpose of these presents any act default or omission of the agents servants visitors customers and workmen of the Tenant shall be deemed to be the act default or omission of the Tenant.
E. To the extent that the Tenant can lawfully do so the Tenant hereby expressly declares that at the expiration or sooner determination of this Agreement the Tenant will not invoke or seek to avail himself of any protection which may or shall hereafter be afforded by any ordinance or regulation of Hong Kong protecting tenants or lessees from eviction but will promptly and punctually quit and deliver up possession of the said premises at the expiration of this Agreement or sooner determination as aforesaid.
F. The Tenant shall on the signing of this Agreement pay to the Landlord the sums set out in Part II of the Schedule hereto by way of deposit responsible for the due performance and observance of the agreements on the part of the Tenant herein contained. At the expiration or sooner determination of this Agreement subject to prior forfeiture in accordance with Clause 4(a) hereof if the Tenant shall have paid all rent due hereunder and if there shall be no breach of any of the agreements on the Tenant's part to be observed and performed the Landlord will repay to the Tenant the said deposit paid by the Tenant to the Landlord as a deposit on the signing of this Agreement but without any interest thereon within 30 days after delivery of vacant possession of the said premises to the Landlord and after full settlement of all outstanding payments in respect of the said premises payable by the Tenant.
G. The Tenant hereby expressly declares that he has paid no premium construction fee, key money or other sum of money of a similar nature to the Landlord or other person or persons authorized by him for the possession of the said premises or for the granting of this Agreement.
H. The Landlord shall not be under any liability to the Tenant or to any other person whomsoever in respect of any loss or damage to person or property sustained by the Tenant or any such other person caused by or through or in any way owing to any typhoon overflow of water or escape of fumes smoke fire or any other substance or thing originating from anywhere within the said Building. The Tenant shall fully and effectually indemnify the Landlord from and against all claims and demands made against the Landlord by any person in respect of any loss damage or injury caused by or through or in any way owing to the overflow of water or the escape of fumes smoke fire or any other substance or thing originating from the said premises or to the negligence or default of the Tenant his servants agents or licensees or to the defective or damaged condition of the interior of the said premises or any fixtures or fittings for the repair of which the Tenant is responsible hereunder and against all costs and expenses incurred by the Landlord in respect of any such claim or demand.
I. The Landlord or his agents accepts no responsibility for any accident or damage which may be caused done to or suffered by the Tenant or any occupier its employees agents visitors or invitees by reason of the said premises state or their condition of the Premises except where such loss or his damage is caused by the acts or her servants negligence of the Council or customers arising from any defect in its employees agents visitors or operation invitees or to the extent that the Council is otherwise liable for the state or condition of any lift in the said BuildingPremises pursuant to the provisions of the Contract for Services.
J. For (8) Nothing in this Lease or in any consent granted by the purpose of Part III Council under it implies or warrants that the Demised Premises may be used for any use allowed by this Lease either under the Planning Acts or otherwise or that the terms of the Landlord and Tenant (Consolidation) Ordinance Chapter 7 and of these presents Planning Permission and/or Site Licence are appropriate for the rent payable in respect use and/or occupation of the said premises shall be and be deemed to be in arrear if not paid in advance at the times and in manner hereinbefore provided for payment thereof. All costs of and incidental to the demand for rent distraint or any legal action Demised Premises for the recovery purposes permitted under the terms of rent and any other sums due hereunder shall be recoverable from the Tenant as a debtthis Lease.
K. During the two months immediately preceding the expiration of the term hereby created the Landlord shall be at liberty to affix and maintain without interference upon any external part of the said premises a notice for re-letting the said premises and the Tenant shall permit persons authorized by the Landlord or its agents at reasonable time of the day to view the said premises or any part thereof.
L. The expression "the Tenant" shall (where the context permits) mean and include the party or parties specifically named and shall not include the executors and administrators of any such party or where such party is a corporation any liquidator thereof.
Appears in 1 contract
Sources: Property Agreements
PROVIDED ALWAYS AND IT. IS MUTUALLY HEREBY EXPRESSLY AGREED BETWEEN BOTH PARTIES as follows:follows:-
A. That if and whenever 7.1 If at any time the rent or any part of the rent hereby reserved or any other payments payable by the Tenant hereunder shall be in arrear for fifteen days thereof (whether the same shall have been formally demanded or not) shall remain unpaid or unsatisfied for seven (7) days after becoming payable or if and whenever there shall be a breach of any of the agreements by the Tenant hereinbefore contained Tenant’s covenant shall not be performed or observed or if the Tenant (being an individual shall suffer execution on the Said Premises or sole proprietor if the Tenant shall become a bankrupt or partnership) shall commit an act of bankruptcy or shall have its Business Registration cancelled or (being a corporation) company or corporation shall go into liquidation (either voluntary or otherwise) or shall have any order made or resolution passed for winding up other otherwise than a resolution for the purpose of amalgamation or reconstruction or if the Tenant for the time being shall enter into any composition or arrangements with his the Tenant’s creditors or shall suffer any distress or execution to be levied upon on the Tenant’s goods then and in any of his goods or effects those events it shall be lawful for the Landlord shall upon or any persons authorized by the happening of Landlord in that behalf at any such event be entitled time thereafter to re-enter upon the said premises Said Premises or any part thereof in the name of the whole and thereupon this Agreement tenancy shall absolutely determine but without prejudice to any rights which may have accrued right of action or remedy of the Landlord in respect of any breach of the Tenant’s covenants herein contained.
7.2 The Landlord shall under no circumstances be liable for loss of or damage to the Landlord by reason of any antecedent breach of any of goods whether due to fire, theft, burglary or otherwise being stored within the obligations on the part of the Tenant hereinbefore contained AND the deposit paid hereunder shall be forfeited Said Premises, unless due 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 fault of the Landlord. Notwithstanding In 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 andevent, 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 shall have the right to charge by way of additional rent interest at the rate of 1.5% per month in respect of any payments to be made by the Tenant to the Landlord under this Agreement which shall be more than Fifteen days in arrears (whether legally or formally demanded or not) and such interest shall be payable by the Tenant to the Landlord on demand calculated from the date upon which such payments in arrears fell due (and not fifteen days thereafter) until the date of payment. The Landlord shall further be entitled to recover from the Tenant as a debt all expenses including fees paid to debt collectors appointed by the Landlord and all solicitors' and/or counsel's fees and court fees incurred by the Landlord for the purpose of recovering the rental in arrears and/or other moneys unpaid Said Premises or any part thereof from the Tenant on a full indemnity basis together with such sum or sums as shall be determined damaged by fire or other causes and becomes unfit for occupation and use then the Landlord as being collection charges for shall not be bound or compelled to rebuild or reinstate the additional work incurred by same unless the Landlord and its staff and/or the manager of the said building (as the case may be) in recovering the said areas and/or unpaid sums or any part thereofhis discretion thinks fit.
B. a) In the event of the said premises or Landlord deciding to rebuild and reinstate the Demised Premises and the Tenant deciding to continue with this Tenancy (provided the money payable under any part thereof at policy of insurance effected by the Landlord shall not have become irrecoverable through any time during the said term being damaged or destroyed by fire or by any other cause (not attributable to the act or default of the Tenant) so as to be unfit for occupation and use or become subject to a closure order or become totally inaccessible to the Tenant then the rent hereby reserved or a fair and just proportion thereof according to the nature and extent of the damage sustained shall be suspended and cease to be payable until the said premises Demised Premises shall have been again be rendered fit for occupation and use use.
b) In the event of the Landlord not deciding to rebuild and reinstate the Demised Premises or until the said premises Tenant not deciding to continue with this Tenancy then the rent thereby reserved shall cease and determine from the date of the happening of such destruction or damage as aforesaid and the Tenant will peaceably surrender, vacate, leave and yield up to the Landlord possession of so much of the Demised Premises as shall not have been destroyed. The Landlord shall forthwith refund fully the Security Deposit stated in Section 7 of the First Schedule.
c) Wherein the Said Premises shall not be rendered and reinstated and made ready and fit for occupation within a period of two (2) months from the date of happening of any such event the Tenant shall be at liberty to give the Landlord one (1) calendar month notice in writing determining the Tenancy hereby created and thereupon this Tenancy shall absolutely determine and the Security Deposit paid by the Tenant hereunder shall be refunded to the Tenant forthwith but without prejudice to the right of action of the Landlord in respect of any antecedent breach of any covenant or condition herein contained For the avoidance of doubt, in the event that:
(i) such destruction or damage shall have been caused by or is attributable to any act, omission and/or negligence of the Tenant or the Tenant’s employees, agents, servants; or
(ii) if any insurance monies payable with respect to such destruction or damage shall be rendered irrevocable by reason of any act, omission and/or negligence of the Tenant or the Tenant’s employees, agents, servants, then the Tenant shall not be entitled to exercise any of the rights or remedies provided in Clause 7.2(a), (b) and (c) above and the Tenant shall be liable to pay the rental as set out in Section 6(a) of the First Schedule without any deduction and abatement.
7.3 In the event the Tenant shall be desirous of taking a tenancy of the Said Premises for a further term, the Tenant shall give the Landlord two (2) months’ written notice of the same. Provided always that the terms and conditions of this Agreement shall have been duly observed and performed by the Tenant, the Landlord shall grant the Tenant a further term of tenancy as is specified in Section 9 of the First Schedule hereto upon the same terms and conditions (save and except for this clause) and at a rental to be subject agreed upon.
7.4 There shall be no termination of the tenancy whatsoever during the Tenancy period as stated in section 5 of the First Schedule by either party. In case of breach, the Security Deposits specified in Section 7 of the First Schedule hereto shall be forfeited, by the Landlord, if the Tenant committed the breach. Likewise, the Landlord to rebate the Tenant the same exact amount, if the Landlord committed the breach, without interest. However, if the rent or any part thereof shall be in arrears for the period of seven (7) days next after the same become due and payable (whether formally demanded for or not) or any covenant on the Tenant’s part herein contained shall not be performed or observed or if the Tenant shall have a closure receiving order made against him or cease shall have made any assignment for the benefit of his creditors or entered into any Agreement or made any arrangements with his creditor by composition or otherwise or suffered any distress or attachment or execution to be totally inaccessible and any dispute concerning this clause shall be determined by arbitration in accordance with levied against his goods or if the Arbitration Ordinance Cap.341 of the Laws of Hong Kong or any statutory enactment in that behalf Tenant for the time being shall be a company and shall go into liquidation whether compulsory or otherwise except for the purpose of reconstruction or amalgamation then and in force Provided Always that any such cases the Landlord shall not be required entitled to reinstate take possession of the said premises if by reason Said Premises at any time thereof in the name of their condition or any local regulations or other circumstances beyond the control whole and thereupon (excluding the Tenant’s personal possession and property) this Tenancy Agreement shall cease but without prejudice to the rights of action of the Landlord it is in the opinion of the Landlord not economical or practicable or reasonable so to do.
C. Acceptance of rent by the Landlord shall not be deemed to operate as a waiver by the Landlord of any right to proceed against the Tenant in respect of any antecedent breach non-observance or non-performance by the Tenant of any of the agreements stipulations and conditions herein contained and on the Tenant's part to be observed and performed.
D. For the purpose of these presents any act default or omission of the agents servants visitors customers and workmen of the Tenant shall be deemed to be the act default or omission of the Tenant.
E. To the extent that the Tenant can lawfully do so the Tenant hereby expressly declares that at the expiration or sooner determination of this Agreement the Tenant will not invoke or seek to avail himself of any protection which may or shall hereafter be afforded by any ordinance or regulation of Hong Kong protecting tenants or lessees from eviction but will promptly and punctually quit and deliver up possession of the said premises at the expiration of this Agreement or sooner determination as aforesaid.
F. The Tenant shall on the signing of this Agreement pay to the Landlord the sums set out in Part II of the Schedule hereto by way of deposit for the due performance and observance of the agreements on the part of the Tenant herein contained. At The Landlord has the expiration rights to impose an interest rate of 8% per annum calculated on a daily basis from the date of the arrears of the rental which remain unpaid until full settlement of the same.
7.5 Any additional deposit required by Tenaga Nasional Berhad or sooner determination the Air Selangor or Indah Water Konsortium from time to time during the continuance of this Agreement subject to prior forfeiture in accordance with Clause 4(a) hereof if the Tenant shall have forthwith be paid all rent due hereunder and if there shall be no breach of any of the agreements on the Tenant's part to be observed and performed the Landlord will repay to the Tenant the said deposit paid by the Tenant to the Landlord as a deposit on the signing of this Agreement but without any interest thereon within 30 days after delivery of vacant possession of the said premises to the Landlord and after full settlement of all outstanding payments in respect of the said premises payable by the Tenant.
G. The Tenant hereby expressly declares that he has paid no premium construction fee, key money or other sum of money of a similar nature 7.6 All costs and incidentals to the Landlord or other person or persons authorized by him for the possession of the said premises or for the granting preparation and completion of this AgreementAgreement including stamp duty shall be borne by the Tenant and each party shall bear their own solicitor’s fees.
H. 7.7 Any notice in writing under the terms and conditions of this Agreement to be sent to either party hereto on the other shall be by prepaid registered post and shall be deemed to be sufficiently served at the time when the ordinary course of post would have been delivered.
7.8 The Landlord shall not be under liable for any liability to the Tenant or to any other person whomsoever in respect of any damage, expense, loss or damage to person liability suffered or property sustained incurred by the Tenant or any such other person caused by or through or in any way owing to any typhoon overflow of water or escape of fumes smoke fire person, or any other substance or thing originating from anywhere within the said Building. The Tenant shall fully and effectually indemnify the Landlord from and against all claims and demands made against the Landlord by any person in respect of any loss damage or injury caused by or through or in any way owing to the overflow of water property or the escape of fumes smoke fire effects or any other substance or thing originating from the said premises or to the negligence or default business of the Tenant his servants agents or licensees or to the defective or damaged condition of the interior of the said premises or any fixtures or fittings for the repair of which the Tenant is responsible hereunder and against all costs and expenses incurred by the Landlord in respect of any such claim or demand.
I. The Landlord or his agents accepts no responsibility for any accident or damage which may be caused to the Tenant or any occupier of the said premises or their or his or her servants or customers arising from any defect in or operation of any lift in the said Building.
J. For the purpose of Part III of the Landlord and Tenant (Consolidation) Ordinance Chapter 7 and of these presents the rent payable Tenant, in respect of the said premises shall be and be deemed to be in arrear if not paid in advance at operation or the times and in manner hereinbefore provided for payment thereof. All costs failure of and incidental to the demand for rent distraint electricity or water supply or any legal action for the recovery of rent and any other sums due hereunder shall be recoverable from the Tenant as a debt.
K. During the two months immediately preceding the expiration of the term hereby created the Landlord shall be at liberty to affix and maintain without interference upon any external part of the said premises a notice for re-letting the said premises and the Tenant shall permit persons authorized public utility services, facilities or other machinery provided by the Landlord or its agents at reasonable time of enjoyed by the day Tenant in relation to view the said premises or any part thereofpremises.
L. The expression "the Tenant" shall (where the context permits) mean and include the party or parties specifically named and shall not include the executors and administrators of any such party or where such party is a corporation any liquidator thereof.
Appears in 1 contract
PROVIDED ALWAYS AND IT. IS MUTUALLY S HEREBY AGREED as followsAND DECLARED 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 1. In case 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 shall have the right to charge by way of additional rent interest at the rate of 1.5% per month in respect of any payments to be made by the Tenant to the Landlord under this Agreement which shall be more than Fifteen days in arrears (whether legally or formally demanded or not) and such interest shall be payable by the Tenant to the Landlord on demand calculated from the date upon which such payments in arrears fell due (and not fifteen days thereafter) until the date of payment. The Landlord shall further be entitled to recover from the Tenant as a debt all expenses including fees paid to debt collectors appointed by the Landlord and all solicitors' and/or counsel's fees and court fees incurred by the Landlord for the purpose of recovering the rental in arrears and/or other moneys unpaid or any part thereof from the Tenant on a full indemnity basis together with such sum or sums as shall be determined by the Landlord as being collection charges for the additional work incurred by the Landlord and its staff and/or the manager of the said building (as the case may be) in recovering the said areas and/or unpaid sums or any part thereof.
B. In the event of the said premises or any part thereof at any time during the said term being hereby created be destroyed or damaged or destroyed by fire or by any other cause (fire, acts of God, riot and civil commotion, enemy action and such like causes not attributable to within the act or default control of the Tenant) Lessee so as to be wholly or partially unfit for occupation and the use or become subject to a closure order or become totally inaccessible to of the Tenant Lessee, then the rent hereby reserved or a fair proportion proportionate part thereof according to the nature and extent of the damage sustained shall cease to be suspended payable from the time of such destruction or damage until the said premises shall again be rendered fit reinstated and the Lessee if called upon to do so by the Lessor shall vacate the whole or any portion thereof for occupation and use enabling the Lessor to make the necessary repairs or until the said premises cease reconstruction.
2. Any notice required to be subject to a closure order or cease to be totally inaccessible and any dispute concerning this clause shall be determined by arbitration in accordance with served upon the Arbitration Ordinance Cap.341 of the Laws of Hong Kong or any statutory enactment in that behalf for the time being in force Provided Always that the Landlord shall not be required to reinstate the said premises if by reason of their condition or any local regulations or other circumstances beyond the control of the Landlord it is in the opinion of the Landlord not economical or practicable or reasonable so to do.
C. Acceptance of rent by the Landlord shall not be deemed to operate as a waiver by the Landlord of any right to proceed against the Tenant in respect of any breach non-observance or non-performance by the Tenant of any of the agreements stipulations and conditions herein contained and on the Tenant's part to be observed and performed.
D. For the purpose of these presents any act default or omission of the agents servants visitors customers and workmen of the Tenant Lessee shall be deemed to be served if it is delivered by post or e-mail or pasted at the act default or omission said premises.
3. The stamp fee and registration charges etc. in respect of this lease deed and duplicate thereof shall be borne by Lessor ………….. …... The lease shall be registered as per respective registration Act.
4. The Lessor and the Lessee at their option may negotiate six months before the expiry of the Tenantlease and enter into a fresh lease with specific Terms and Conditions agreeable by the Lessor and the Lessee. The Lessor and the Lessee agree that it is purely optional and not binding on each other.
E. To 5. If the extent that lessor informs in writing the Tenant can lawfully do so lessee its intention to renew the Tenant hereby expressly declares that at lease deed and if the expiration or sooner determination of this Agreement lessee desires to renew the Tenant will not invoke or seek lease and continues to avail himself of any protection which may or shall hereafter be afforded by any ordinance or regulation of Hong Kong protecting tenants or lessees from eviction but will promptly and punctually quit and deliver up possession occupy the premises after the expiry of the said premises at Lease Deed then the expiration of this Agreement or sooner determination as aforesaid.
F. The Tenant shall new Lease Deed must be executed immediately on the signing expiry of this Agreement the existing Lease Deed. Subsequently after the renewal of the lease deed, the lessee shall pay to the Landlord lessor the sums set out in Part II revised rent/arrears of rent payable due to differences between the renewed rent and rent prior to the renewal of the Schedule hereto by way of deposit for rent along with the due performance and observance of the agreements interest thereon @12% p.a. on the part revised rent/arrears of the Tenant herein contained. At the expiration or sooner determination of this Agreement subject to prior forfeiture in accordance with Clause 4(a) hereof if the Tenant shall have paid all rent due hereunder and if there shall be no breach of any of the agreements on the Tenant's part to be observed and performed the Landlord will repay to the Tenant the said deposit paid by the Tenant to the Landlord as a deposit on the signing of this Agreement but without any interest thereon within 30 days after delivery of vacant possession of the said premises to the Landlord and after full settlement of all outstanding payments in respect of the said premises payable by the Tenant.
G. The Tenant hereby expressly declares that he has paid no premium construction fee, key money or other sum of money of a similar nature to the Landlord or other person or persons authorized by him for the possession of the said premises or for the granting of this Agreement.
H. The Landlord shall not be under any liability to the Tenant or to any other person whomsoever in respect of any loss or damage to person or property sustained by the Tenant or any such other person caused by or through or in any way owing to any typhoon overflow of water or escape of fumes smoke fire or any other substance or thing originating from anywhere within the said Building. The Tenant shall fully and effectually indemnify the Landlord from and against all claims and demands made against the Landlord by any person in respect of any loss damage or injury caused by or through or in any way owing to the overflow of water or the escape of fumes smoke fire or any other substance or thing originating from the said premises or to the negligence or default of the Tenant his servants agents or licensees or to the defective or damaged condition of the interior of the said premises or any fixtures or fittings for the repair of which the Tenant is responsible hereunder and against all costs and expenses incurred by the Landlord in respect of any such claim or demand.
I. The Landlord or his agents accepts no responsibility for any accident or damage which may be caused to the Tenant or any occupier of the said premises or their or his or her servants or customers arising from any defect in or operation of any lift in the said Building.
J. For the purpose of Part III of the Landlord and Tenant (Consolidation) Ordinance Chapter 7 and of these presents the rent payable in respect from the date of expiry of existing Lease Deed till thedate of execution of the said premises shall be and be deemed to be in arrear if not paid in advance at the times and in manner hereinbefore provided for payment thereofnew lease deed. All costs of and incidental to the demand for rent distraint or any legal action for the recovery of rent and any other sums due hereunder shall be recoverable from the Tenant as a debt.
K. During the two months immediately preceding the expiration of the term hereby created the Landlord shall be at liberty to affix and maintain without interference upon any external part of the said premises a notice for re-letting the said premises and the Tenant shall permit persons authorized by the Landlord or its agents at reasonable time of the day to view the said premises or any part thereof.
L. The expression "the Tenant" shall (where the context permits) mean and include the party or parties specifically named and shall not include the executors and administrators of any such party or where such party is a corporation any liquidator thereof.THE SCHEDULE ABOVE REFERRED TO
Appears in 1 contract
Sources: Deed of Lease
PROVIDED ALWAYS AND IT. IS MUTUALLY HEREBY EXPRESSLY AGREED BETWEEN BOTH PARTIES as follows:follows:-
A. That if and whenever 7.1 If at any time the rent or any part of the rent hereby reserved or any other payments payable by the Tenant hereunder shall be in arrear for fifteen days thereof (whether the same shall have been formally demanded or not) shall remain unpaid or unsatisfied for seven (7) days after becoming payable or if and whenever there shall be a breach of any of the agreements by the Tenant hereinbefore contained Tenant’s covenant shall not be performed or observed or if the Tenant (being an individual shall suffer execution on the Said Premises or sole proprietor if the Tenant shall become a bankrupt or partnership) shall commit an act of bankruptcy or shall have its Business Registration cancelled or (being a corporation) company or corporation shall go into liquidation (either voluntary or otherwise) or shall have any order made or resolution passed for winding up other otherwise than a resolution for the purpose of amalgamation or reconstruction or if the Tenant for the time being shall enter into any composition or arrangements with his the Tenant’s creditors or shall suffer any distress or execution to be levied upon on the Tenant’s goods then and in any of his goods or effects those events it shall be lawful for the Landlord shall upon or any persons authorized by the happening of Landlord in that behalf at any such event be entitled time thereafter to re-enter upon the said premises Said Premises or any part thereof in the name of the whole and thereupon this Agreement tenancy shall absolutely determine but without prejudice to any rights which may have accrued right of action or remedy of the Landlord in respect of any breach of the Tenant’s covenants herein contained.
7.2 The Landlord shall under no circumstances be liable for loss of or damage to the Landlord by reason of any antecedent breach of any of goods whether due to fire, theft, burglary or otherwise being stored within the obligations on the part of the Tenant hereinbefore contained AND the deposit paid hereunder shall be forfeited Said Premises, unless due 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 fault of the Landlord. Notwithstanding In 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 andevent, 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 shall have the right to charge by way of additional rent interest at the rate of 1.5% per month in respect of any payments to be made by the Tenant to the Landlord under this Agreement which shall be more than Fifteen days in arrears (whether legally or formally demanded or not) and such interest shall be payable by the Tenant to the Landlord on demand calculated from the date upon which such payments in arrears fell due (and not fifteen days thereafter) until the date of payment. The Landlord shall further be entitled to recover from the Tenant as a debt all expenses including fees paid to debt collectors appointed by the Landlord and all solicitors' and/or counsel's fees and court fees incurred by the Landlord for the purpose of recovering the rental in arrears and/or other moneys unpaid Said Premises or any part thereof from the Tenant on a full indemnity basis together with such sum or sums as shall be determined damaged by fire or other causes and becomes unfit for occupation and use then the Landlord as being collection charges for shall not be bound or compelled to rebuild or reinstate the additional work incurred by same unless the Landlord and its staff and/or the manager of the said building (as the case may be) in recovering the said areas and/or unpaid sums or any part thereofhis discretion thinks fit.
B. a) In the event of the said premises or Landlord deciding to rebuild and reinstate the Demised Premises and the Tenant deciding to continue with this Tenancy (provided the money payable under any part thereof at policy of insurance effected by the Landlord shall not have become irrecoverable through any time during the said term being damaged or destroyed by fire or by any other cause (not attributable to the act or default of the Tenant) so as to be unfit for occupation and use or become subject to a closure order or become totally inaccessible to the Tenant then the rent hereby reserved or a fair and just proportion thereof according to the nature and extent of the damage sustained shall be suspended and cease to be payable until the said premises Demised Premises shall have been again be rendered fit for occupation and use use.
b) In the event of the Landlord not deciding to rebuild and reinstate the Demised Premises or until the said premises Tenant not deciding to continue with this Tenancy then the rent thereby reserved shall cease and determine from the date of the happening of such destruction or damage as aforesaid and the Tenant will peaceably surrender, vacate, leave and yield up to the Landlord possession of so much of the Demised Premises as shall not have been destroyed. The Landlord shall forthwith refund fully the Security Deposit stated in Section 7 of the First Schedule.
c) Wherein the Said Premises shall not be rendered and reinstated and made ready and fit for occupation within a period of two (2) months from the date of happening of any such event the Tenant shall be at liberty to give the Landlord one (1) calendar month notice in writing determining the Tenancy hereby created and thereupon this Tenancy shall absolutely determine and the Security Deposit paid by the Tenant hereunder shall be refunded to the Tenant forthwith but without prejudice to the right of action of the Landlord in respect of any antecedent breach of any covenant or condition herein contained For the avoidance of doubt, in the event that:
(i) such destruction or damage shall have been caused by or is attributable to any act, omission and/or negligence of the Tenant or the Tenant’s employees, agents. Servants; or
(ii) if any insurance monies payable with respect to such destruction or damage shall be rendered irrevocable by reason of any act, omission and/or negligence of the Tenant or the Tenant’s employees, agents, servants, then the Tenant shall not be entitled to exercise any of the rights or remedies provided in Clause 7.2(a), (b) and (c) above and the Tenant shall be liable to pay the rental as set out in Section 6(a) of the First Schedule without any deduction and abatement.
7.3 In the event the Tenant shall be desirous of taking a tenancy of the Said Premises for a further term, the Tenant shall give the Landlord two (2) months’ written notice of the same. Provided always that the terms and conditions of this Agreement shall have been duly observed and performed by the Tenant, the Landlord shall grant the Tenant a further term of tenancy as is specified in Section 9 of the First Schedule hereto upon the same terms and conditions (save and except for this clause) and at a rental to be subject agreed upon.
7.4 There shall be no termination of the tenancy whatsoever during the Tenancy period as stated in section 5 of the First Schedule by either party. In case of breach, the Security Deposits specified in Section 7 of the First Schedule hereto shall be forieited, by the Landlord, if the Tenant committed the breach. Likewise, the Landlord to rebate the Tenant the same exact amount, if the Landlord committed the breach, without interest However, if the rent or any part thereof shall be in arrears for the period of seven (7) days next after the same become due and payable (whether formally demanded for or not) or any covenant on the Tenant’s part herein contained shall not be performed or observed or if the Tenant shall have a closure receiving order made against him or cease shall have made any assignment for the benefit of his creditors or entered into any Agreement or made any arrangements with his creditor by composition or otherwise or suffered any distress or attachment or execution to be totally inaccessible and any dispute concerning this clause shall be determined by arbitration in accordance with levied against his goods or if the Arbitration Ordinance Cap.341 of the Laws of Hong Kong or any statutory enactment in that behalf Tenant for the time being shall be a company and shall go into liquidation whether compulsory or otherwise except for the purpose of reconstruction or amalgamation then and in force Provided Always that any such cases the Landlord shall not be required entitled to reinstate take possession of the said premises if by reason Said Premises at any time thereof in the name of their condition or any local regulations or other circumstances beyond the control whole and thereupon (excluding the Tenant’s personal possession and property) this Tenancy Agreement shall cease but without prejudice to the rights of action of the Landlord it is in the opinion of the Landlord not economical or practicable or reasonable so to do.
C. Acceptance of rent by the Landlord shall not be deemed to operate as a waiver by the Landlord of any right to proceed against the Tenant in respect of any antecedent breach non-observance or non-performance by the Tenant of any of the agreements stipulations and conditions herein contained and on the Tenant's part to be observed and performed.
D. For the purpose of these presents any act default or omission of the agents servants visitors customers and workmen of the Tenant shall be deemed to be the act default or omission of the Tenant.
E. To the extent that the Tenant can lawfully do so the Tenant hereby expressly declares that at the expiration or sooner determination of this Agreement the Tenant will not invoke or seek to avail himself of any protection which may or shall hereafter be afforded by any ordinance or regulation of Hong Kong protecting tenants or lessees from eviction but will promptly and punctually quit and deliver up possession of the said premises at the expiration of this Agreement or sooner determination as aforesaid.
F. The Tenant shall on the signing of this Agreement pay to the Landlord the sums set out in Part II of the Schedule hereto by way of deposit for the due performance and observance of the agreements on the part of the Tenant herein contained. At The Landlord has the expiration rights to impose an interest rate of 8% per annum calculated on a daily basis from the date of the arrears of the rental which remain unpaid until full settlement of the same.
7.5 Any additional deposit required by Tenaga Nasional Berhad or sooner determination the Air Selangor or lndah Water Konsortium from time to time during the continuance of this Agreement subject to prior forfeiture in accordance with Clause 4(a) hereof if the Tenant shall have paid all rent due hereunder and if there shall forthwith be no breach of any of the agreements on the Tenant's part to be observed and performed the Landlord will repay to the Tenant the said deposit paid by the Tenant Tenant
7.6 All costs and incidentals to the Landlord as a deposit on the signing preparation and completion of this Agreement but without any interest thereon within 30 days after delivery of vacant possession of the said premises to the Landlord and after full settlement of all outstanding payments in respect of the said premises payable including stamp duty shall be borne by the TenantTenant and each party shall bear their own solicitor’s tees.
G. The Tenant hereby expressly declares that he has paid no premium construction fee, key money or other sum of money of a similar nature to 7.7 Any notice in writing under the Landlord or other person or persons authorized by him for the possession of the said premises or for the granting terms and conditions of this AgreementAgreement to be sent to either party hereto on the other shall be by prepaid registered post and shall be deemed to be sufficiently served at the time when the ordinary course of post would have been delivered.
H. 7.8 The Landlord shall not be under liable for any liability to the Tenant or to any other person whomsoever in respect of any damage, expense, loss or damage to person liability suffered or property sustained incurred by the Tenant or any such other person caused by or through or in any way owing to any typhoon overflow of water or escape of fumes smoke fire person, or any other substance or thing originating from anywhere within the said Building. The Tenant shall fully and effectually indemnify the Landlord from and against all claims and demands made against the Landlord by any person in respect of any loss damage or injury caused by or through or in any way owing to the overflow of water property or the escape of fumes smoke fire effects or any other substance or thing originating from the said premises or to the negligence or default business of the Tenant his servants agents or licensees or to the defective or damaged condition of the interior of the said premises or any fixtures or fittings for the repair of which the Tenant is responsible hereunder and against all costs and expenses incurred by the Landlord in respect of any such claim or demand.
I. The Landlord or his agents accepts no responsibility for any accident or damage which may be caused to the Tenant or any occupier of the said premises or their or his or her servants or customers arising from any defect in or operation of any lift in the said Building.
J. For the purpose of Part III of the Landlord and Tenant (Consolidation) Ordinance Chapter 7 and of these presents the rent payable Tenant, in respect of the said premises shall be and be deemed to be in arrear if not paid in advance at operation or the times and in manner hereinbefore provided for payment thereof. All costs failure of and incidental to the demand for rent distraint electricity or water supply or any legal action for the recovery of rent and any other sums due hereunder shall be recoverable from the Tenant as a debt.
K. During the two months immediately preceding the expiration of the term hereby created the Landlord shall be at liberty to affix and maintain without interference upon any external part of the said premises a notice for re-letting the said premises and the Tenant shall permit persons authorized public utility services, facilities or other machinery provided by the Landlord or its agents at reasonable time of enjoyed by the day Tenant in relation to view the said premises or any part thereofpremises.
L. The expression "the Tenant" shall (where the context permits) mean and include the party or parties specifically named and shall not include the executors and administrators of any such party or where such party is a corporation any liquidator thereof.
Appears in 1 contract
PROVIDED ALWAYS AND IT. IS MUTUALLY AGREED Agreements as follows:
A. : Default (a)(i) 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 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 Landlord's his Landlord's goods or effects in the said premises right of the Landlord shall right of upon the re-entry 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 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 shall have the right to charge by way of additional rent interest at the rate of 1.5% per month in respect of any payments to be made by the Tenant to the Landlord under this Agreement which shall be more than Fifteen days in arrears (whether legally or formally demanded or not) and such interest shall be payable by the Tenant to the Landlord on demand calculated from the date upon which such payments in arrears fell due (and not fifteen days thereafter) until the date of payment. The Landlord shall further be entitled to recover from the Tenant as a debt all expenses including fees paid to debt collectors appointed by the Landlord and all solicitors' and/or counsel's fees and court fees incurred by the Landlord for the purpose of recovering the rental in arrears and/or other moneys unpaid or any part thereof from the Tenant on a full indemnity basis together with such sum or sums as shall be determined by the Landlord as being collection charges for the additional work incurred by the Landlord and its staff and/or the manager of the said building (as the case may be) in recovering the said areas and/or unpaid sums or any part thereof.
B. In the event of the said premises or any part thereof at any time during the said term being damaged or destroyed by fire or by any other cause (not attributable to the act or default of the Tenant) so as to be unfit for occupation and use or become subject to a closure order or become totally inaccessible to the Tenant then the rent hereby reserved or a fair proportion thereof according to the nature and extent of the damage sustained shall be suspended until the said premises shall again be rendered fit for occupation and use or until the said premises cease to be subject to a closure order or cease to be totally inaccessible and any dispute concerning this clause shall be determined by arbitration in accordance with the Arbitration Ordinance Cap.341 of the Laws of Hong Kong or any statutory enactment in that behalf for the time being in force Provided Always that the Landlord shall not be required to reinstate the said premises if by reason of their condition or any local regulations or other circumstances beyond the control of the Landlord it is in the opinion of the Landlord not economical or practicable or reasonable so to do.
C. Acceptance of rent by the Landlord shall not be deemed to operate as a waiver by the Landlord of any right to proceed against the Tenant in respect of any breach non-observance or non-performance by the Tenant of any of the agreements stipulations and conditions herein contained and on the Tenant's part to be observed and performed.
D. For the purpose of these presents any act default or omission of the agents servants visitors customers and workmen of the Tenant shall be deemed to be the act default or omission of the Tenant.
E. To the extent that the Tenant can lawfully do so the Tenant hereby expressly declares that at the expiration or sooner determination of this Agreement the Tenant will not invoke or seek to avail himself of any protection which may or shall hereafter be afforded by any ordinance or regulation of Hong Kong protecting tenants or lessees from eviction but will promptly and punctually quit and deliver up possession of the said premises at the expiration of this Agreement or sooner determination as aforesaid.
F. The Tenant shall on the signing of this Agreement pay to the Landlord the sums set out in Part II of the Schedule hereto by way of deposit for the due performance and observance of the agreements on the part of the Tenant herein contained. At the expiration or sooner determination of this Agreement subject to prior forfeiture in accordance with Clause 4(a) hereof if the Tenant shall have paid all rent due hereunder and if there shall be no breach of any of the agreements on the Tenant's part to be observed and performed the Landlord will repay to the Tenant the said deposit paid by the Tenant to the Landlord as a deposit on the signing of this Agreement but without any interest thereon within 30 days after delivery of vacant possession of the said premises to the Landlord and after full settlement of all outstanding payments in respect of the said premises payable by the Tenant.
G. The Tenant hereby expressly declares that he has paid no premium construction fee, key money or other sum of money of a similar nature to the Landlord or other person or persons authorized by him for the possession of the said premises or for the granting of this Agreement.
H. The Landlord shall not be under any liability to the Tenant or to any other person whomsoever in respect of any loss or damage to person or property sustained by the Tenant or any such other person caused by or through or in any way owing to any typhoon overflow of water or escape of fumes smoke fire or any other substance or thing originating from anywhere within the said Building. The Tenant shall fully and effectually indemnify the Landlord from and against all claims and demands made against the Landlord by any person in respect of any loss damage or injury caused by or through or in any way owing to the overflow of water or the escape of fumes smoke fire or any other substance or thing originating from the said premises or to the negligence or default of the Tenant his servants agents or licensees or to the defective or damaged condition of the interior of the said premises or any fixtures or fittings for the repair of which the Tenant is responsible hereunder and against all costs and expenses incurred by the Landlord in respect of any such claim or demand.
I. The Landlord or his agents accepts no responsibility for any accident or damage which may be caused to the Tenant or any occupier of the said premises or their or his or her servants or customers arising from any defect in or operation of any lift in the said Building.
J. For the purpose of Part III of the Landlord and Tenant (Consolidation) Ordinance Chapter 7 and of these presents the rent payable in respect of the said premises shall be and be deemed to be in arrear if not paid in advance at the times and in manner hereinbefore provided for payment thereof. All costs of and incidental to the demand for rent distraint or any legal action for the recovery of rent and any other sums due hereunder shall be recoverable from the Tenant as a debt.
K. During the two months immediately preceding the expiration of the term hereby created the Landlord shall be at liberty to affix and maintain without interference upon any external part of the said premises a notice for re-letting the said premises and the Tenant shall permit persons authorized by the Landlord or its agents at reasonable time of the day to view the said premises or any part thereof.
L. The expression "the Tenant" shall (where the context permits) mean and include the party or parties specifically named and shall not include the executors and administrators of any such party or where such party is a corporation any liquidator thereof.
Appears in 1 contract