PROVISOS AND DECLARATIONS Clause Samples
The "Provisos and Declarations" clause sets out specific conditions, exceptions, and formal statements that clarify or modify the main terms of an agreement. Typically, this clause lists any limitations, special permissions, or requirements that apply to the parties, such as exceptions to obligations or explicit acknowledgments of certain facts. Its core function is to ensure that all parties have a clear understanding of any qualifications or special circumstances affecting the contract, thereby reducing ambiguity and potential disputes.
PROVISOS AND DECLARATIONS. The University is a specified educational institute within the meaning of the Housing Act 1988, Schedule 1, Part 1, Paragraph 8 and the Resident is pursuing or intends to pursue a course of study provided by the University and to enable the Resident to do so the University is providing the Accommodation for the Resident in the Premises. This means that the Licence Agreement does not have the legal protection set out in the Housing Act 1988, as amended which means that you have no right of occupation past the end of the Licence Period
PROVISOS AND DECLARATIONS. 6.1 The Landlord and the Tenant hereby agree that the Tenant shall not be responsible for the repair maintenance and renewal of the items listed in the Fifth Schedule hereto
6.2 If the Property is destroyed or rendered uninhabitable or falls into a condition of substantial disrepair so that it is determined by an Environmental Health Officer to be unfit for letting as a result of the Landlord’s failure to repair the Tenant shall be able to suspend payment of the Rent with immediate effect and the Tenant shall be deemed to have no further liability in respect of this Lease until the Property is fit for letting any dispute arising under this provision shall be referred to arbitration under the Arbitration ▇▇▇ ▇▇▇▇
6.3 If at any time during the Term the Rent or any part of it is unpaid for Thirty days after becoming payable (whether formally demanded or not) or if any covenant by the Tenant contained in this Lease is not performed or observed then the Landlord shall serve written notice upon the Tenant giving the Tenant reasonable opportunity to bring the rent up to date or to remedy the breach of contract (as appropriate to the circumstances) and if the Tenant fails to take the appropriate aforesaid action within a reasonable period of time then it shall be lawful for the Landlord at any time thereafter upon further written notice to re-enter upon the Property or any part of the Property in the name of the whole and upon re-entry this demise shall absolutely determine but without prejudice to the right of action of the Landlord in respect of any breach of any covenant by the Tenant contained in this Lease
6.4 In the event that the Landlord and the Tenant agree in writing by reference to this clause that there be a holding over under this Lease following the expiry of the Term the resulting tenancy shall be determinable by either party giving the other three months notice in writing (though for the avoidance of doubt rent will continue to be paid monthly) PROVIDED ALWAYS that in the event of any licensee or sub- tenant of the Tenant vacating the Property after the service but before the expiry of any such notice by the Landlord the Tenant shall be entitled to surrender the Property to the Landlord at any time thereafter and in such case the Tenant shall not be required to pay to the Landlord rent for any period after the date of surrender but without prejudice to any right of action or remedy of either party pursuant to the terms contained in this Lease
6.5 A...
PROVISOS AND DECLARATIONS. 7.1 If at any time:
(a) any part of Rent is in arrears for 31 days after becoming due (whether formally demanded or not); and/or
(b) there is any breach non-performance or non-observance of the Tenant’s obligations or the provisions of this Agreement; and/or
(c) an interim receiver is appointed in respect of the Tenant’s property or a bankruptcy order is made in respect of the Tenant or the Tenant makes any arrangement with his creditors or suffers any distress or execution to be levied on his goods
(d) the Landlord reasonably believes that the Premises have been abandoned and have not been occupied for 31 days or more with no Rent having been paid in respect of that period
(e) the Landlord may determine this Tenancy by giving the Tenant four week’s notice in writing to quit and the Landlord may then re-enter the Premises or any part of them and upon such re-entry the Tenancy shall absolutely determine but without prejudice to any claim which the Landlord may have against the Tenant in respect of any antecedent breach of the Tenant’s obligations in this agreement.
7.2 The Tenant agrees that the Landlord shall not be responsible in any way for any loss or damage of any kind whatsoever to any property or possessions of any kind belonging to the Tenant or any member of the Tenant’s family invitees or others in the Premises or in their possession and the Tenant further agrees to fully indemnify the Landlord against any claim brought by the Landlord in this respect.
PROVISOS AND DECLARATIONS. 5.1 If and whenever during the Term
5.1.1 the Rent (or any part of it) under this Lease is outstanding for 28 days after becoming due whether formally demanded or not or
5.1.2 there is any breach by the Tenant of any covenant or other term of this Lease or
5.1.3 permitted use ceases the Council may re-enter the Land (or any part of it in the name of the whole) at any time (and even if any previous right of re-entry has been waived) and then the Term will absolutely cease but without prejudice to any rights or remedies which may have accrued to the Council against the Tenant in respect of any breach of covenant or other term of this Lease (including the breach in respect of which the re-entry is made) and no claim may be made by the Society in relation to any expenditure incurred in connection with the Land during the Term
5.2 The operation of the Law of Property ▇▇▇ ▇▇▇▇ Section 62 shall be excluded form this Lease and the only rights granted to the Tenant are those expressly set out in this Lease and the Tenant shall not by virtue of this Lease be deemed to have acquired or be entitled to and the Tenant shall not during the Term acquire or become entitled by any means whatever to any easement from or over or affecting any adjoining property in the ownership of the Council
PROVISOS AND DECLARATIONS