Common use of Rent suspension Clause in Contracts

Rent suspension. Paragraph 3.2 of this Part of the Schedule will apply if the Centre is destroyed or damaged by any Insured Risk [or Uninsured Risk]121 so that the Premises are unfit for occupation or use or inaccessible. Paragraph 3.2 of this Part of the Schedule will not apply to the extent that the Landlord's insurance has been vitiated or payment of any policy moneys refused because of anything the Tenant does or fails to do and the Tenant has not complied with paragraph 1.1.3 of this Part of the Schedule. Subject to paragraph 3.1 of this Part of the Schedule, the Rent and Service Charge or a fair proportion of them, will not be payable from and including the date of damage or destruction until the earliest of: the date that the Premises are again fit for occupation and use, accessible and ready to receive tenant's fitting out works; the end of the Risk Period; and the End Date. If paragraph 3.2 of this Part of the Schedule applies before the Rent Commencement Date, the number of days between the date of the damage or destruction and the Rent Commencement Date (or where only a proportion of the Rent is or would have been suspended, an equivalent proportion of those days) will be added to the date the rent suspension ends and the resulting date will become the Rent Commencement Date. If paragraph 3.2 of this Part of the Schedule applies: the Landlord must refund to the Tenant, as soon as reasonably practicable, a due proportion of any Rent and Service Charge paid in advance that relates to any period on or after the date of damage or destruction; and the Tenant must pay to the Landlord on demand the Rent and Service Charge for the period starting on the date they again become payable to but excluding the next Rent Day. Any dispute about the application of this paragraph 3. will be decided at the request of either party by a single arbitrator under the Arbitration (Scotland) Act 2010.122

Rent suspension. Paragraph 3.2 of this Part of the Schedule will apply if the Centre Estate is destroyed or damaged by any Insured Risk [or Uninsured Risk]121 Risk]111 so that the Premises are unfit for occupation or use or inaccessibleinaccessible over the Estate. Paragraph 3.2 of this Part of the Schedule will not apply to the extent that the Landlord's insurance has been vitiated or payment of any policy moneys refused because of anything the Tenant does or fails to do and the Tenant has not complied with paragraph 1.1.3 of this Part of the Schedule. Subject to paragraph 3.1 of this Part of the Schedule, the Rent and Service Charge or a fair proportion of them, will not be payable from and including the date of damage or destruction until the earliest of: the date that the Premises are again fit for occupation and use, accessible over the Estate and ready to receive tenant's fitting out works; the end of the Risk Period; and the End Date. If paragraph 3.2 of this Part of the Schedule applies before the Rent Commencement Date, the number of days between the date of the damage or destruction and the Rent Commencement Date (or where only a proportion of the Rent is or would have been suspended, an equivalent proportion of those days) will be added to the date the rent suspension ends and the resulting date will become the Rent Commencement Date. If paragraph 3.2 of this Part of the Schedule applies: the Landlord must refund to the Tenant, as soon as reasonably practicable, a due proportion of any Rent and Service Charge paid in advance that relates to any period on or after the date of damage or destruction; and the Tenant must pay to the Landlord on demand the Rent and Service Charge for the period starting on the date they again become payable to (but excluding excluding) the next Rent Day. Any dispute about the application of this paragraph 3. 3 will be decided at the request of either party by a single arbitrator under the Arbitration (Scotland) Act 2010.1222010[ in which case the protocols contained in paragraph 3 of Part 3 of the Schedule will equally apply to the subject matter of this paragraph 3].

Rent suspension. Paragraph 3.2 of this Part of the Schedule will apply if the Centre is destroyed or damaged by any Insured Risk [or Uninsured Risk]121 Risk]108 so that the Premises are unfit for occupation or use or inaccessible. Paragraph 3.2 of this Part of the Schedule will not apply to the extent that the Landlord's insurance has been vitiated or payment of any policy moneys refused because of anything the Tenant does or fails to do and the Tenant has not complied with paragraph 1.1.3 of this Part of the Schedule. Subject to paragraph 3.1 of this Part of the Schedule, the Rent and Service Charge or a fair proportion of them, will not be payable from and including the date of damage or destruction until the earliest of: the date that the Premises are again fit for occupation and use, accessible and ready to receive tenant's fitting out works; the end of the Risk Period; and the End Date. If paragraph 3.2 of this Part of the Schedule applies before the Rent Commencement Date, the number of days between the date of the damage or destruction and the Rent Commencement Date (or where only a proportion of the Rent is or would have been suspended, an equivalent proportion of those days) will be added to the date the rent suspension ends and the resulting date will become the Rent Commencement Date. If paragraph 3.2 of this Part of the Schedule applies: the Landlord must refund to the Tenant, as soon as reasonably practicable, a due proportion of any Rent and Service Charge paid in advance that relates to any period on or after the date of damage or destruction; and the Tenant must pay to the Landlord on demand the Rent and Service Charge for the period starting on the date they again become payable to but excluding the next Rent Day. Any dispute about the application of this paragraph 3. 3 will be decided at the request of either party by a single arbitrator under the Arbitration (Scotland) Act 2010.1222010[ in which case the protocols contained in paragraph 3 of 3 of the Schedule will equally apply to the subject matter of this paragraph 3].

Rent suspension. Paragraph 3.2 ‎3.2 of this Part of the Schedule will apply if the Centre Building is destroyed or damaged by any Insured Risk [or Uninsured Risk]121 Risk]114 so that the Premises are unfit for occupation or use or inaccessible. Paragraph 3.2 ‎3.2 of this Part of the Schedule will not apply to the extent that the Landlord's insurance has been vitiated or payment of any policy moneys refused because of anything the Tenant does or fails to do and the Tenant has not complied with paragraph 1.1.3 ‎1.1.3 of this Part of the Schedule. Subject to paragraph 3.1 ‎3.1 of this Part of the Schedule, the Rent and Service Charge or a fair proportion of them, will not be payable from and including the date of damage or destruction until the earliest of: the date that the Premises are again fit for occupation and use, accessible and ready to receive tenant's fitting out works; the end of the Risk Period; and the End Date. If paragraph 3.2 ‎3.2 of this Part of the Schedule applies before the Rent Commencement Date, the number of days between the date of the damage or destruction and the Rent Commencement Date (or where only a proportion of the Rent is or would have been suspended, an equivalent proportion of those days) will be added to the date the rent suspension ends and the resulting date will become the Rent Commencement Date. If paragraph 3.2 ‎3.2 of this Part of the Schedule applies: the Landlord must refund to the Tenant, as soon as reasonably practicable, a due proportion of any Rent and Service Charge paid in advance that relates to any period on or after the date of damage or destruction; and the Tenant must pay to the Landlord on demand the Rent and Service Charge for the period starting on the date they again become payable to (but excluding excluding) the next Rent Day. Any dispute about the application of this paragraph 3. ‎3 will be decided at the request of either party by a single arbitrator under the Arbitration (Scotland) Act 2010.1222010115.

Rent suspension. Paragraph 3.2 of this Part of the Schedule will apply if the Centre Estate is destroyed or damaged by any Insured Risk [or Uninsured Risk]121 Risk]117 so that the Premises are unfit for occupation or use or inaccessibleinaccessible over the Estate. Paragraph 3.2 of this Part of the Schedule will not apply to the extent that the Landlord's insurance has been vitiated or payment of any policy moneys refused because of anything the Tenant does or fails to do and the Tenant has not complied with paragraph 1.1.3 of this Part of the Schedule. Subject to paragraph 3.1 of this Part of the Schedule, the Rent and Service Charge or a fair proportion of them, will not be payable from and including the date of damage or destruction until the earliest of: the date that the Premises are again fit for occupation and use, accessible over the Estate and ready to receive tenant's fitting out works; the end of the Risk Period; and the End Date. If paragraph 3.2 of this Part of the Schedule applies before the Rent Commencement Date, the number of days between the date of the damage or destruction and the Rent Commencement Date (or where only a proportion of the Rent is or would have been suspended, an equivalent proportion of those days) will be added to the date the rent suspension ends and the resulting date will become the Rent Commencement Date. If paragraph 3.2 of this Part of the Schedule applies: the Landlord must refund to the Tenant, as soon as reasonably practicable, a due proportion of any Rent and Service Charge paid in advance that relates to any period on or after the date of damage or destruction; and the Tenant must pay to the Landlord on demand the Rent and Service Charge for the period starting on the date they again become payable to (but excluding excluding) the next Rent Day. Any dispute about the application of this paragraph 3. 3 will be decided at the request of either party by a single arbitrator under the Arbitration (Scotland) Act 2010.1222010[ in which case the protocols contained in paragraph 3 of Part 3 of the Schedule will equally apply to the subject matter of this paragraph 3].

Rent suspension. Paragraph 3.2 of this Part of the Schedule will apply if the Centre Building is destroyed or damaged by any Insured Risk [or Uninsured Risk]121 Risk]100 so that the Premises are unfit for occupation or use or inaccessible. Paragraph 3.2 of this Part of the Schedule will not apply to the extent that the Landlord's insurance has been vitiated or payment of any policy moneys refused because of anything the Tenant does or fails to do and the Tenant has not complied with paragraph 1.1.3 of this Part of the Schedule. Subject to paragraph 3.1 of this Part of the Schedule, the Rent and Service Charge or a fair proportion of them, will not be payable from and including the date of damage or destruction until the earliest of: the date that the Premises are again fit for occupation and use, accessible and ready to receive tenant's fitting out works; the end of the Risk Period; and the End Date. If paragraph 3.2 of this Part of the Schedule applies before the Rent Commencement Date, the number of days between the date of the damage or destruction and the Rent Commencement Date (or where only a proportion of the Rent is or would have been suspended, an equivalent proportion of those days) will be added to the date the rent suspension ends and the resulting date will become the Rent Commencement Date. If paragraph 3.2 of this Part of the Schedule applies: the Landlord must refund to the Tenant, as soon as reasonably practicable, a due proportion of any Rent and Service Charge paid in advance that relates to any period on or after the date of damage or destruction; and the Tenant must pay to the Landlord on demand the Rent and Service Charge for the period starting on the date they again become payable to (but excluding excluding) the next Rent Day. Any dispute about the application of this paragraph 3. 3 will be decided at the request of either party by a single arbitrator under the Arbitration (Scotland) Act 2010.1222010[ in which case the protocols contained in paragraph 3 of Part 3 of the Schedule will equally apply to the subject matter of this paragraph 3].

Rent suspension. Paragraph 3.2 of this Part of the Schedule 40.2 will apply if the Centre Building is destroyed or damaged by any Insured Risk [or Uninsured Risk]121 Risk]87 so that the Premises are unfit for occupation or use or inaccessible. Paragraph 3.2 of this Part of the Schedule 40.2 will not apply to the extent that the Landlord's ’s insurance has been vitiated or payment of any policy moneys refused because of anything the Tenant does or fails to do and the Tenant has not complied with paragraph 1.1.3 of this Part of the Schedule38.1.3. Subject to paragraph 3.1 of this Part of the Schedule40.1, the Rent and Service Charge or a fair proportion of them, will not be payable from and including the date of damage or destruction until the earliest of: the date that the Premises are again fit for occupation and use, accessible and ready to receive tenant's ’s fitting out works; the end of the Risk Period; and the End Date. If paragraph 3.2 of this Part of the Schedule 40.2 applies before the Rent Commencement Date, the number of days between the date of the damage or destruction and the Rent Commencement Date (or where only a proportion of the Rent is or would have been suspended, an equivalent proportion of those days) will be added to the date the rent suspension ends and the resulting date will become the Rent Commencement Date. If paragraph 3.2 of this Part of the Schedule 40.2 applies: the Landlord must refund to the Tenant, as soon as reasonably practicable, a due proportion of any Rent and Service Charge paid in advance that relates to any period on or after the date of damage or destruction; and the Tenant must pay to the Landlord on demand the Rent and Service Charge for the period starting on the date they again become payable to but excluding the next Rent Day. Any dispute about the application of this paragraph 3. 40 will be decided at the request of either party by a single arbitrator under the Arbitration (Scotland) Act 2010.122Xxx 0000 [in which case the protocols contained in paragraph 3 of Part 3 of the Schedule will equally apply to the subject matter of this paragraph 3].

Rent suspension. Paragraph 3.2 of this Part of the Schedule will apply if the Centre Estate is destroyed or damaged by any Insured Risk [or Uninsured Risk]121 Risk]119 so that the Premises are unfit for occupation or use or inaccessibleinaccessible over the Estate. Paragraph 3.2 of this Part of the Schedule will not apply to the extent that the Landlord's insurance has been vitiated or payment of any policy moneys refused because of anything the Tenant does or fails to do and the Tenant has not complied with paragraph 1.1.3 of this Part of the Schedule. Subject to paragraph 3.1 of this Part of the Schedule, the Rent and Service Charge or a fair proportion of them, will not be payable from and including the date of damage or destruction until the earliest of: the date that the Premises are again fit for occupation and use, accessible over the Estate and ready to receive tenant's fitting out works; the end of the Risk Period; and the End Date. If paragraph 3.2 of this Part of the Schedule applies before the Rent Commencement Date, the number of days between the date of the damage or destruction and the Rent Commencement Date (or where only a proportion of the Rent is or would have been suspended, an equivalent proportion of those days) will be added to the date the rent suspension ends and the resulting date will become the Rent Commencement Date. If paragraph 3.2 of this Part of the Schedule applies: the Landlord must refund to the Tenant, as soon as reasonably practicable, a due proportion of any Rent and Service Charge paid in advance that relates to any period on or after the date of damage or destruction; and the Tenant must pay to the Landlord on demand the Rent and Service Charge for the period starting on the date they again become payable to (but excluding excluding) the next Rent Day. Any dispute about the application of this paragraph 3. 3 will be decided at the request of either party by a single arbitrator under the Arbitration (Scotland) Act 2010.1222010[ in which case the protocols contained in paragraph 3 of Part 3 of the Schedule will equally apply to the subject matter of this paragraph 3].

Rent suspension. Paragraph 3.2 of this Part of the Schedule will apply if the Centre Estate is destroyed or damaged by any Insured Risk [or Uninsured Risk]121 Risk]108 so that the Premises are unfit for occupation or use or inaccessibleinaccessible over the Estate. Paragraph 3.2 of this Part of the Schedule will not apply to the extent that the Landlord's insurance has been vitiated or payment of any policy moneys refused because of anything the Tenant does or fails to do and the Tenant has not complied with paragraph 1.1.3 of this Part of the Schedule. Subject to paragraph 3.1 of this Part of the Schedule, the Rent and Service Charge or a fair proportion of them, will not be payable from and including the date of damage or destruction until the earliest of: the date that the Premises are again fit for occupation and use, accessible over the Estate and ready to receive tenant's fitting out works; the end of the Risk Period; and the End Date. If paragraph 3.2 of this Part of the Schedule applies before the Rent Commencement Date, the number of days between the date of the damage or destruction and the Rent Commencement Date (or where only a proportion of the Rent is or would have been suspended, an equivalent proportion of those days) will be added to the date the rent suspension ends and the resulting date will become the Rent Commencement Date. If paragraph 3.2 of this Part of the Schedule applies: the Landlord must refund to the Tenant, as soon as reasonably practicable, a due proportion of any Rent and Service Charge paid in advance that relates to any period on or after the date of damage or destruction; and the Tenant must pay to the Landlord on demand the Rent and Service Charge for the period starting on the date they again become payable to (but excluding excluding) the next Rent Day. Any dispute about the application of this paragraph 3. 3 will be decided at the request of either party by a single arbitrator under the Arbitration (Scotland) Act 2010.1222010[ in which case the protocols contained in paragraph 3 of Part 3 of the Schedule will equally apply to the subject matter of this paragraph 3].