Common use of The Reservations Clause in Contracts

The Reservations. 4.1 This lease is subject to the Third Party Rights and the Tenant shall comply with the Third Party Rights at all times. 4.2 The following rights are excepted and reserved from this lease to the Landlord for the benefit of the Retained Property and to the extent possible for the benefit of any neighbouring or adjoining property in which the Landlord acquires an interest during the term: (a) at any time during the term, the full and free right to develop the Retained Property and any neighbouring or adjoining property in which the Landlord acquires an interest during the Contractual Term as the Landlord may think fit; (b) the right to re-route any means of access to or egress from the Property and to change the areas over which the Rights are exercised; (c) the right to re-route and replace any Service Media over which the Rights are exercised. 4.3 The Landlord reserves the right to enter the Property, on giving at least one month’s written notice to the Tenant (except in the case of an emergency when no notice is required), with its workers, contractors, agents or professional advisers: (a) for any purpose associated with the development of or works to the Retained Property, and to temporarily occupy parts of the Property where this is reasonably required in order to carry out those works; (b) to inspect, maintain and carry out repairs or improvements which the Landlord is liable for pursuant to the terms of this lease; (c) to inspect the condition and state of repair of the Property following which the Landlord may give the Tenant a notice of any breach of any of the Tenant covenants of this lease relating to the condition or repair of the Property which the Tenant is liable for under this lease; (d) to carry out any works needed to remedy the breach set out in any notice served under clause 4.3 (c) if the works have not been carried out by the Tenant to the reasonable satisfaction of the Landlord within the time period specified in the notice; and (e) to repair, maintain, install, construct re-route or replace any Service Media or structure relating to any of the Reservations (f) for any other purpose mentioned in or connected with: (i) this lease; (ii) the Reservations; and (iii) the Landlord’s interest in the Property or the Retained Property. 4.4 The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, and by anyone authorised in writing by the Landlord. 4.5 No party exercising any of the Reservations, nor its workers, contractors, agents and professional advisors, shall be liable to the Tenant or to any undertenant or other occupier of or person at the Property for any loss, damage, injury, nuisance or inconvenience arising by reason of its exercising any of those Reservations except for: (a) physical damage to the Property, which they shall make good to the reasonable satisfaction of the Tenant; or (b) any loss, damage, injury, nuisance or inconvenience in relation to which the law prevents the Landlord from excluding liability.

The Reservations. 4.1 This lease There are excepted and reserved:- 5.1 To BRB and any person deriving title through or under it or them or authorised by any of them or (where appropriate) otherwise entitled full right and liberty from time to time (and to authorise others to) develop, build, renew, repair, alter or execute any other works (including demolition) at any Adjacent Property and to use or otherwise deal with any Adjacent Property for any purpose and in any manner whatsoever Provided That (except by way of the carrying on by BRB of its undertaking in exercise of and subject to its statutory and common law obligations) there shall be no derogation from the grant of the rights granted under this Deed to BRT or material adverse interference with the exercise of the rights granted under this Deed; 5.2 To BRB the right at any time and from time to time by notice in writing to BRT (but following consultation with BRT for such period as is reasonable in all the circumstances and taking into account its reasonable representations) to vary, reduce, modify or extinguish any of the Rights provided that:- 5.2.1 BRB shall grant to BRT such alternative rights and facilities as may in the circumstances be necessary; 5.2.2 such alternative rights and facilities shall be reasonably comparable to those proposed to be affected and shall not (either in the exercise of the rights granted under this Deed or the execution of the Works) render materially more expensive or less convenient the exercise of the rights granted under this Deed or the execution of the Works; 5.2.3 these arrangements shall be subject to the Third Party Rights application of railway group standards as amended from time to time and the Tenant shall comply with the Third Party Rights at all times. 4.2 The following rights are excepted other relevant safety and reserved from this lease operating standards where applicable and subject to the Landlord for the benefit of the Retained Property and BRB causing as little inconvenience as is reasonably practicable to the extent possible for the benefit of any neighbouring or adjoining property in which the Landlord acquires an interest during the term: (a) at any time during the term, the full and free right to develop the Retained Property and any neighbouring or adjoining property in which the Landlord acquires an interest during the Contractual Term as the Landlord may think fitBRT; (b) 5.3 To BRB the right for BRB and those from time to re-route any means of access to or egress from the Property and to change the areas over which the Rights are exercised; (c) the right to re-route and replace any Service Media over which the Rights are exercised. 4.3 The Landlord reserves the right to enter the Property, on giving at least one month’s written notice to the Tenant (except in the case of an emergency when no notice is required), with its workers, contractors, agents or professional advisers: (a) for any purpose associated with the development of or works to the Retained Property, and to temporarily occupy parts of the Property where this is reasonably required in order to carry out those works; (b) to inspect, maintain and carry out repairs or improvements which the Landlord is liable for pursuant to the terms of this lease; (c) to inspect the condition and state of repair of the Property following which the Landlord may give the Tenant a notice of any breach of any of the Tenant covenants of this lease relating to the condition or repair of the Property which the Tenant is liable for under this lease; (d) time authorised by it to carry out any works needed to remedy the breach set out which in any notice served under clause 4.3 (c) if the works have not been carried out by the Tenant to the reasonable satisfaction opinion of BRB are either necessary for the Landlord within the time period specified in the notice; and (e) to repair, maintain, install, construct re-route proper operation of BRB’s undertaking or replace any Service Media or structure relating to any of the Reservations (f) are required for any other purpose mentioned in or connected with: including without limitation (i) this lease; (iibut subject to Clause 6.2) the Reservations; and (iii) right to carry out works analogous to the LandlordWorks including the installation of BRB’s interest Installation within the Ducts to the extent that the Ducts are capable of receiving it without causing electrical or other interference with the operation of any BRT Apparatus or other Telecommunication Apparatus forming part of the Installation at the time such works are carried out, such rights in the Property or the Retained Property. 4.4 The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, and by anyone authorised case only of works of new installation (not being renewal) being exercisable where practicable in accordance with a programme of works first notified in writing by the LandlordBRB to BRT. 4.5 No party exercising 5.4 To BRB (subject to Clause 6.2):- 5.4.1 the right for BRB and any person deriving title through or under it or them or authorised by any of them or (where appropriate) otherwise entitled to use the ReservationsDucts, nor the Manholes and BRB’s Installation for any purpose (which may include for the purpose of its workers, contractors, agents or their Telecommunication System); 5.4.2 the right of support for BRB’s Installation from the Installation; 5.4.3 the right for BRB and professional advisors, any person deriving title through or under it or them or authorised by any of them or (where appropriate) otherwise entitled to grant for “commercial activities connected with telecommunications” (as that phrase is defined in section 4 of the Telecommunication Act 1984) to third parties rights over the subject matter of this Clause 5 of a nature and type as BRB shall reasonably consider appropriate but which shall not be liable more extensive than the rights reserved to BRB. 5.5 To BRB (subject to Clause 6.2) the Tenant or right to authorise others to work to any undertenant extent any mines and minerals in and under the Subjects or other occupier any Adjacent Property; 5.6 To BRB the benefit of or person at the Property for any loss, damage, injury, nuisance or inconvenience arising by reason of its Existing Agreements. Provided That if in exercising any of those Reservations except for: (a) the rights hereby reserved BRB causes material physical damage to any part of the Property, which they shall make good Installation (to the extent that BRB is aware of its existence having made due enquiry of BRT and not having received confirmation of its existence within twenty working days of any enquiry or within such period as may be reasonably practicable in case of any emergency or non-routine works) BRB shall pay to BRT such reasonable satisfaction sums as shall not exceed the reasonable cost of making good such physical damage (taking account of any sum paid or payable by BRB under any other provision of this Deed in respect of the Tenant; same subject matter the sum to be agreed or , if the parties cannot agree, to be determined in accordance with the arbitration provisions of this Deed) and for the avoidance of doubt Value Added Tax shall only be included as part of such reasonable cost to the extent that BRT cannot obtain a full credit for such Value Added Tax pursuant to s.26 Value Added Tax ▇▇▇ ▇▇▇▇ And Provided Further That in the event BRB on its own behalf or on behalf of any third parties seeks to make use of any BRT installed Ducts BRB shall first obtain the consent of BRT (bnot to be unreasonably withheld or delayed) both to any lossmaterial addition or alteration to BRB’s Installation installed therein from time to time and to the method of carrying out any works associated therewith, damage, injury, nuisance or inconvenience and shall pay a fair proportion of the costs of maintenance and repair of the relevant BRT installed Ducts (such proportion to be determined in relation to which accordance with the law prevents arbitration provisions of this Deed in the Landlord from excluding liabilityevent the parties cannot agree).