Xxx 0000. This Lease does not create any rights in favour of third parties under the Contract (Third Party Rights) (Scotland) Xxx 0000 to enforce or otherwise invoke any provision of this Lease. Energy Performance61 The Tenant must not obtain or commission an EPC in respect of the Premises unless required to do so by the Energy Performance of Buildings (Scotland) Regulations 2008. If the Tenant is required to obtain an EPC, the Tenant must (at the Landlord's option) obtain an EPC from an assessor approved by the Landlord or pay the Landlord's costs of obtaining an EPC for the Premises. The Tenant must not obtain or commission an Action Plan in respect of the Premises. The Tenant must cooperate with the Landlord, so far as is necessary, to allow the Landlord to obtain any EPC or Action Plan for the Premises or the Estate and: provide the Landlord (at the Landlord's cost) with copies of any plans or other information held by the Tenant that would assist in obtaining that EPC or Action Plan; and allow such access to the Premises to any energy assessor appointed by the Landlord as is necessary to inspect the Premises for the purposes of preparing any EPC or Action Plan. The Tenant must give the Landlord written details on request of the unique reference number of any EPC the Tenant obtains or commissions in respect of the Premises. The Landlord must give the Tenant written details on request of the unique reference number of any EPC the Landlord obtains or commissions in respect of the Premises or the Estate. [Sustainability The Landlord and Tenant must comply with the provisions of Error: Reference source not found of the Schedule.]62 [Break Clause] [The Tenant may terminate this Lease on [any] [the] Break Date by giving the Landlord formal notice of not less than [Insert length] months [specifying the Break Date]63 following which the Term will end on that Break Date[ if:64 on the Break Date the Rent due up to and including that Break Date and any VAT payable on it has been paid in full; [and] on the Break Date the whole of the Premises are given back to the Landlord[ free of the Tenant's occupation and the occupation of any other lawful occupier and without any continuing sub-leases]65[; and the Tenant has, on or before the Break Date, paid to the Landlord an amount equal to [Insert figure/proportion of the Rent] (plus any VAT payable on that amount)]]. The Landlord may waive any of the pre-conditions in [Clauses 7.1.1 to 7.1.3] at any time before the [relevant] Brea...
Xxx 0000. 68 If any of the original parties to this Lease are non-UK parties, include an address for service in the United Kingdom for that party here. 69 The Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016 apply to buildings or building units over 1000m² which do not meet 2002 or later building standards. Ultimate responsibility for compliance with the regulations rests with the building owner, although carrying out the measures or improvement works identified in an action plan can be delegated to a third party e.g. a tenant. The drafting throughout this Lease envisages the Landlord carrying out any necessary works but recovering associated costs via the Service Charge from the Tenant. 70 See FN69 above. As a consequence of the Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016, the importance and necessity to include Part 7 of the Schedule ("Sustainability") has increased. 71 This wording is not required if the Tenant can end this Lease only on a single specified date. 72 The conditions in this break clause are consistent with the Code for Leasing Business Premises (2007). 73 This wording is intended to ensure that the Tenant has given physical possession (ie removed itself and all of its fittings, furniture and equipment from the Premises) and that there are no subsisting occupation rights. However, the wording, in Scotland, may also be considered to include legal (vacant) possession where if the Tenant has not completely removed everything from the Premises by the Break Date (eg left behind some internal partitioning or furniture), it may lose its right to terminate the lease on the Break Date (Riverside Park Ltd v NHS Property Services Limited [2016] EWHC 1313 (Ch)). The Code for Leasing Business Premises in England & Wales published in March 2007 recommends that "The only pre-conditions to tenants exercising any break clauses should be that they are up to date with the main rent, give up occupation and leave behind no continuing subleases. Disputes about the state of the premises, or what has been left behind or removed, should be settled later (like with normal lease expiry)". The Tenant may, therefore, want to consider deleting this wording so that there can be no doubt that the right to break is preserved, leaving the Landlord with the usual remedies against the Tenant in the event that the Tenant has not given full legal and physical possession to the Landlord on the Break Date. 74 ...
Xxx 0000. The Supplier shall not suspend the supply of the Services if any payment is overdue.
Xxx 0000. 5.8 Where the Supplier enters into a sub-contract, the Supplier shall include in that sub-contract:
Xxx 0000. D4.1 A person who is not a Party to the Contract shall have no right to enforce any of its provisions which, expressly or by implication, confer a benefit on him, without the prior written agreement of both Parties. This clause does not affect any right or remedy of any person which exists or is available apart from the Contracts (Right of Third Parties) Xxx 0000 and does not apply to the Crown.
Xxx 0000. The Service Provider shall not suspend the supply of the Services if any payment is overdue.
Xxx 0000. 9.8 Where either Party disputes any invoice (or any part of any invoice) then, upon receipt by the Provider of notification from the Company of any such disputed amounts, the provisions of Clause 21 shall apply in resolving the disputed amounts.
Xxx 0000. A14A.1 You acknowledge that we may participate and assist in the carrying out and implementation of certification decisions and audits made and conducted under the HDSS Act.
Xxx 0000. 3 At the date as at which this reprint was prepared, the former Minister for Works was known as the Minister for Housing and Works. 4 The name of the Fremantle Harbour Trust Commissioners was changed to the Fremantle Port Authority by the Fremantle Harbour Trust Act Amendment Xxx 0000. The Fremantle Port Authority continues under the Port Authorities Xxx 0000. 5 The State Electricity Commission was renamed the State Energy Commission, which was replaced by the Western Power Corporation established by the Electricity Corporation Xxx 0000.
Xxx 0000. The Service Provider shall not suspend the supply of the Services if any payment is overdue unless it is entitled to terminate this agreement under clause 29.5 for failure to pay undisputed charges.
