Alterations, Additions, and Improvements. 14.1 The Lessee may not make any alterations or additions to any of the Buildings, the Property or any part of it without the Lessor's prior written consent. The Lessor must not withhold its consent unreasonably to any such alteration or addition which is of a minor nature and not structural. 14.2 If the Lessee does alter, add to, or improve the Buildings, the Property or any part of it in any way, the Lessee must, if the Lessor requires it in writing, restore the Buildings and/ or the Property to its original condition after the lease terminates. The Lessor's request for restoration must be given no later than 7 days after the Lessee has given the Property back to the Lessor after termination of this lease. This clause must not be interpreted to exclude any other remedy which the Lessor may have for a breach by the Lessee of clause 14.1. 14.3 Except for any improvement which is removed from the Property as required by the Lessor in terms of clause 14.2, all improvements made on or to the Property will belong to the Lessor and may not be removed from the Property. The Lessee will never have any claim against the Lessor for compensation for any improvement or repair to the Property or a right of retention in respect of any improvements. 14.4 Should the Lessee fail to comply with a demand made by the Lessor in terms of clause 14.2 the Lessor shall be entitled, in addition to any other remedy or right available to it in terms of this lease, to have the relevant improvement and/or addition removed and to recover the cost thereof from the Lessee, including the cost of repair of all damage and/or defects caused by such removal.
Appears in 2 contracts
Sources: Residential Lease Agreement, Residential Lease Agreement
Alterations, Additions, and Improvements. 14.1 13.1 The Lessee may shall not make any alterations or additions to any of the Buildings, the Property Property, any part thereof, or any part item of it the Lessor’s Equipment without the Lessor's ’s prior written consent. The , but the Lessor must shall not withhold its consent unreasonably to any such alteration or addition which is of a minor nature and not structural.
14.2 13.2 If the Lessee does alter, add to, or improve the Buildings, the Property or any part of it in any way, whether in breach of clause 13.1 or not, the Lessee mustshall, if so required in writing by the Lessor requires it in writingLessor, restore the Buildings and/ or Property on the Property termination of this lease to its original condition after the lease terminatesas it was prior to such alteration, addition or improvement having been made. The Lessor's request for restoration must ’s requirement in this regard may be given no communicated to the Lessee at any time, but not later than 7 the 10 days after the Lessee has given delivered up the Property back pursuant to the Lessor after termination of this lease. This ; and this clause must 13.2 shall not be interpreted to exclude construed as excluding any other or further remedy which the Lessor may have for in consequence of a breach by the Lessee of clause 14.113.1.
14.3 Except 13.3 Save for any improvement which is removed from the Property as required by the Lessor in terms of clause 14.213.2, all improvements made on or to the Property will shall belong to the Lessor and may not be removed from the PropertyProperty at any time. The Lessee will never shall not, whatever the circumstances, have any claim against the Lessor for compensation for any improvement or repair to the Property or the Lessor’s Equipment, nor shall the Lessee have a right of retention in respect of any improvements.
14.4 Should the Lessee fail to comply with a demand made by the Lessor in terms of clause 14.2 the Lessor shall be entitled, in addition to any other remedy or right available to it in terms of this lease, to have the relevant improvement and/or addition removed and to recover the cost thereof from the Lessee, including the cost of repair of all damage and/or defects caused by such removal.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Alterations, Additions, and Improvements. 14.1 13.1 The Lessee may shall not make any alterations or additions to any of the Buildings, the Property Property, any part thereof, or any part item of it the Lessor's Equipment without the Lessor's prior written consent. The , but the Lessor must shall not withhold its consent unreasonably to any such alteration or addition which is of a minor nature and not structural.
14.2 13.2 If the Lessee does alter, add to, or improve the Buildings, the Property or any part of it in any way, whether in breach of clause 13.1 or not, the Lessee mustshall, if so required in writing by the Lessor requires it in writingLessor, restore the Buildings and/ or Property on the Property termination of this lease to its original condition after the lease terminatesas it was prior to such alteration, addition or improvement having been made. The Lessor's request for restoration must requirement in this regard may be given no communicated to the Lessee at any time, but not later than 7 days the (specify) day after the Lessee has given delivered up the Property back pursuant to the Lessor after termination of this lease. This ; and this clause must 13.2 shall not be interpreted to exclude construed as excluding any other or further remedy which the Lessor may have for in consequence of a breach by the Lessee of clause 14.113.1.
14.3 Except 13.3 Save for any improvement which is removed from the Property as required by the Lessor in terms of clause 14.213.2, all improvements made on or to the Property will shall belong to the Lessor and may not be removed from the PropertyProperty at any time. The Lessee will never shall not, whatever the circumstances, have any claim against the Lessor for compensation for any improvement or repair to the Property or the Lessor's Equipment, nor shall the Lessee have a right of retention in respect of any improvements. 13 Exclusion of lessor from certain liability and indemnity
13.1 The Lessee shall have no claim for damages against the Lessor and may not withhold or delay any payment due to the Lessor by reason directly or indirectly of
13.1.1 a breach by the Lessor of any of its obligations under this lease;
13.1.2 any act or omission of the Lessor or any agent or servant of or contractor to the Lessor, whether or not negligent, or otherwise actionable at law, and including (without limiting the generality of the aforegoing) any act or omission of any cleaner, maintenance person, handyman, artisan, labourer, workman, watchman, guard, or commissionaire;
13.1.3 the condition or state of repair at any time of the Property, the Buildings, or any part of the Property or the Buildings;
13.1.4 any failure or suspension of, or any interruption in, the supply of water, electricity, gas, air-conditioning, heating, or any other amenity or service to the Property or any of the Buildings, whatever the cause;
13.1.5 any breakdown of, or interruption in the operation of, any machinery, plant, equipment, installation, or system situated in or on, or serving, the Property or any part thereof or any of the Buildings, and including (but without limiting the generality of the aforegoing) the swimming pool plant or any geyser, boiler, burglar alarm, or security installation or system (again regardless of cause);
13.1.6 any interruption of or interference with the enjoyment or beneficial occupation of the Property caused by any building operations or other works on or about the Property, whether carried out by the Lessor or by anybody else; or
13.1.7 any other event or circumstance whatever occurring, or failing to occur, upon, in, or about the Property or any of the Buildings, whether or not the Lessor could otherwise have been held liable for such occurrence or failure, and the Lessee indemnifies the Lessor against all liability to members of the Lessee's household, the Lessee's servants, guests and other invitees, and all other persons who may occupy or be entitled to occupy the Property or any parts thereof through or under the Lessee, in consequence of any such matter as is referred to in clauses 14.1.1 to 14.1.7 above.
14.4 Should 13.2 The Lessor shall not, however, be excused from specific performance of any of its obligations under this lease, whether express or implied, and particularly (but not only) its obligations to afford the Lessee fail occupation and enjoyment of the Property as contemplated by this lease and to comply with a demand made by carry out such maintenance and repairs as are incumbent upon the Lessor in terms of clause 14.2 hereof; and if the Lessor shall fails to carry out any such obligation of maintenance or repair with reasonable speed or efficiency, and persists in such default after reasonable notice in writing requiring that it be entitledremedied, in addition the Lessee may cause the necessary maintenance or repair (including any incidental or necessary replacement) to any other remedy or right available to it in terms of this lease, to have the relevant improvement and/or addition removed be carried out and to may then recover the reasonable cost thereof from the Lessee, including the cost of repair of all damage and/or defects caused by such removalLessor on demand.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Alterations, Additions, and Improvements. 14.1 The Lessee may shall not make any alterations or additions to any of the Buildings, the Property or any part of it Premises without the Lessor's ’s prior written consent. The , but the Lessor must shall not withhold with- hold its consent unreasonably to any such an alteration or addition which is of a minor nature and not structural.
14.2 If the Lessee does alter, add to, or improve the Buildings, the Property or any part of it Premises in any way, the Lessee must, if the Lessor requires it whether in writing, restore the Buildings and/ or the Property to its original condition after the lease terminates. The Lessor's request for restoration must be given no later than 7 days after the Lessee has given the Property back to the Lessor after termination breach of this lease. This clause must not be interpreted to exclude any other remedy which the Lessor may have for a breach by the Lessee of clause 14.1.clause
14.3 Except Save for any improvement which is removed from the Property Premises as required by the Lessor in terms of clause 14.2, all improvements made on or to the Property will Premises shall belong to the Lessor and may not be removed from the PropertyPremises at any time. The Lessee will never shall not, whatever the circumstances, have any claim against the Lessor for compensation for any improvement or repair to the Property or Premises, unless such improvements were made with the Lessor’s prior written consent, nor shall the Lessee have a right of retention in respect of improvements. 15 Exclusion of lessor from certain liability and indemnity
15.1 The Lessee shall have no claim for damages against the Lessor and may not withhold or delay any improvements.payment due to the Lessor by reason directly or indirectly of
14.4 Should 15.1.1 a breach by the Lessor of any of its obligations under this lease;
15.1.2 any act or omission of the Lessor or any agent or servant of, or contractor to, the Lessor, whether or not negligent, or otherwise actionable at law, and including (without limiting the generality of the aforegoing) any act or omission of any cleaner, maintenance person, handyman, artisan, labourer, workman, watchman, guard or caretaker;
15.1.3 the condition or state of repair at any time of the Property, the Building or any part of the Property or the Building;
15.1.4 any failure or suspension of, or any interruption in, the supply of water, electricity, gas, air-conditioning, heating, or any other amenity or service to the Premises, the Building or the Property (including, without generality being limited, any cleaning service), whatever the cause;
15.1.5 any breakdown of, or interruption in the operation of, any machinery, plant, equipment, installation or system situated in or on, or serving, the Property, the Building or the Premises, and including (but without limiting the generality of the aforegoing) any lift, geyser, boiler, burglar alarm or security installation or system, again regardless of cause;
15.1.6 any interruption of, or interference with, the enjoyment or beneficial occupation of the Premises or any of the common parts of the Property or the Building caused by any building operations or other works to or in the Building or elsewhere on or about the Property, whether by the Lessor or by anybody else; or
15.1.7 any other event or circumstance whatever, occurring, or failing to occur, upon, in or about the Property, the Building or the Premises, whether or not the Lessor could otherwise have been held liable for such occurrence or failure,
15.2 The Lessor shall not, however, be excused from specific performance of any of its obligations under this lease, whether express or implied, and particularly (but not only) its obligations to afford the Lessee fail occupation and enjoyment of the Premises as contemplated by this lease and to comply with a demand made by carry out such maintenance and repairs as are incumbent upon the Lessor in terms of clause 14.2 hereof; and if the Lessor shall fails to carry out any such obligation of maintenance or repair with reasonable speed or efficiency, and persists in such default after reasonable notice in writing requiring that it be entitledremedied, in addition the Lessee may cause the necessary maintenance or repair (including any incidental or necessary replacement) to any other remedy or right available to it in terms of this lease, to have the relevant improvement and/or addition removed be carried out and to may then recover the reasonable cost thereof from the Lessee, including Lessor on demand.
15.3 The Lessor does not warrant that the cost Premises are suitable for the purposes of repair the Lessee or any of all damage and/or defects caused by such removalits Associates or that the Lessee or any of its Associates will be granted any licence or consent which may be necessary for the carrying on of any business or activity in the Premises.
Appears in 1 contract
Sources: Lease Agreement
Alterations, Additions, and Improvements. 14.1 13.1 The Lessee may shall not make any alterations or additions to the Premises or any item of the Buildings, the Property or any part of it Furniture without the Lessor's ’s prior written consent. The , but the Lessor must shall not withhold its consent unreasonably to any such an alteration or addition to the Premises which is of a minor nature and not structural.
14.2 13.2 If the Lessee does alter, add to, or improve the Buildings, the Property or any part of it Premises in any way, whether in breach of clause 13.1 or not, the Lessee mustshall, if so required in writing by the Lessor requires it in writingLessor, restore the Buildings and/ Premises on the termination of this lease to their condition as it was prior to such alteration, addition or the Property to its original condition after the lease terminatesimprovement having been made. The Lessor's request for restoration must ’s requirement in this regard may be given no communicated to the Lessee at any time, but not later than 7 days the (specify) day after the Lessee has given delivered up the Property back Premises pursuant to the Lessor after termination of this lease. This ; and this clause must 13.2 shall not be interpreted to exclude construed as excluding any other or further remedy which the Lessor may have for in consequence of a breach by the Lessee of clause 14.113.1.
14.3 Except 13.3 Save for any improvement which is removed from the Property Premises as required by the Lessor in terms of clause 14.213.2, all improvements made on or to the Property will Premises shall belong to the Lessor and may not be removed from the PropertyPremises at any time. The Lessee will never shall not, whatever the circumstances, have any claim against the Lessor for compensation for any improvement or repair to the Property Premises or the Furniture, nor shall the Lessee have a right of retention in respect of any improvements.. 14 Exclusion of lessor from certain liability and indemnity
14.4 Should 14.1 The Lessee shall have no claim for damages against the Lessor and may not withhold or delay any payment due to the Lessor by reason directly or indirectly of
14.1.1 a breach by the Lessor of any of its obligations under this lease;
14.1.2 any act or omission of the Lessor or any agent or servant of or contractor to the Lessor, whether or not negligent, or otherwise actionable at law, and including (without limiting the generality of the aforegoing) any act or omission of any cleaner, maintenance person, handyman, artisan, labourer, workman, watchman, guard, or commissionaire;
14.1.3 the condition or state of repair at any time of the Property, the Building, or any part of the Property or the Building;
14.1.4 any failure or suspension of, or any interruption in, the supply of water, electricity, gas, air-conditioning, heating, or any other amenity or service to the Premises, the Building, or the Property (including, without generality being limited, any cleaning service), whatever the cause;
14.1.5 any breakdown of, or interruption in the operation of, any machinery, plant, equipment, installation or system situated in or on, or serving, the Property, the Building, or the Premises, and including (but without limiting the generality of the aforegoing) any lift, escalator, geyser, boiler, burglar alarm, or security installation or system, again regardless of cause;
14.1.6 any interruption of or interference with the enjoyment or beneficial occupation of the Premises or any of the common parts of the Property or the Building caused by any building operations or other works to or in the Building or elsewhere on or about the Property, whether carried out by the Lessor or by anybody else; or
14.1.7 any other event or circumstance whatever occurring, or failing to occur, upon, in, or about the Property, the Building, or the Premises, whether or not the Lessor could otherwise have been held liable for such occurrence or failure,
14.2 The Lessor shall not, however, be excused from specific performance of any of its obligations under this lease, whether express or implied, and particularly (but not only) its obligations to afford the Lessee fail occupation and enjoyment of the Premises and the Furniture as contemplated by this lease and to comply with a demand made by carry out such maintenance and repairs as are incumbent upon the Lessor in terms of clause 14.2 the Lessor shall be entitled, in addition to any other remedy or right available to it in terms of this lease, to have the relevant improvement and/or addition removed hereof; and to recover the cost thereof from the Lessee, including the cost of repair of all damage and/or defects caused by such removal.if the
Appears in 1 contract
Sources: Lease Agreement
Alterations, Additions, and Improvements. 14.1 The Lessee may shall not, except with the Lessor’s prior written consent, which consent will not be unreasonably withheld, make any alterations or additions to any of the Buildings, the Property or any part of it without the Lessor's prior written consent. The Lessor must not withhold its consent unreasonably to any such alteration or addition which is of a minor nature and not structuralImprovements.
14.2 If the Lessee does alter, add to, to or improve the Buildings, the Property Grazing Land or any part of it thereof in any way, whether in breach of clause 14.1 or not, the Lessee mustshall, if so required in writing by the Lessor requires it in writingLessor, restore the Buildings and/ or Grazing Land on the Property termination of this lease to its original condition after the lease terminatesas it was prior to such alteration, addition or improvement having been made. The Lessor's request for restoration must ’s requirement in this regard may be given no communicated to the Lessee at any time, but not later than 7 days the (specify) day after the Lessee has given delivered up the Property back Grazing Land pursuant to the Lessor after termination of this lease. This , and this clause must 14.2 shall not be interpreted to exclude construed as excluding any other or further remedy which the Lessor may have for in consequence of a breach by the Lessee of clause 14.1.
14.3 Except Save for any addition or improvement which is removed from the Property Grazing Land as required by the Lessor in terms of clause 14.2, all additions and improvements made on or to the Property will Grazing Land shall belong to the Lessor and may not be removed from the PropertyGrazing Land at any time. The Lessee will never shall not, whatever the circumstances, have any claim against the Lessor for compensation for any addition or improvement or repair to the Property or a Grazing Land, nor shall the Lessee have any right of retention in respect of any improvements.
14.4 Should 15.1 The Lessee shall have no claim for damages against the Lessor and may not withhold or delay any payment due to the Lessor by reason directly or indirectly of
15.1.1 a breach by the Lessor of any of its obligations under this lease;
15.1.2 any act or omission of the Lessor or any agent or servant of, or contractor to, the Lessor, whether or not negligent, or otherwise actionable at law;
15.1.3 the condition or state of repair at any time of the Grazing Land, any of the Improvements or any part of the Grazing Land;
15.1.4 any failure or suspension of, or any interruption in, the supply of water, electricity, gas, or any other amenity or service to the Grazing Land, whatever the cause;
15.1.5 any breakdown of, or interruption in the operation of, any of the Improvements or any system situated in or on, or serving the Grazing Land or the Improvements, again regardless of cause;
15.1.6 any interruption of, or interference with, the enjoyment or beneficial occupation of the Grazing Land or any part thereof;
15.1.7 any other event or circumstance whatever, occurring, or failing to occur, upon, in or about the Grazing Land, whether or not the Lessor could otherwise have been held liable for such occurrence or failure, and the Lessee fail indemnifies the Lessor against all liability to comply with a demand made members of the Lessee’s household, the Lessee’s servants, guests, and other invitees and all other persons who may occupy or be entitled to occupy the Grazing Land or any parts thereof through or under the Lessee, in consequence of any such matter as is referred to in clauses 15.1.1 to 15.1.7 above.
15.2 The Lessor shall not, however, be excused from specific performance of any of its obligations under this lease, whether express or implied, and particularly (but not only) its obligations to afford the Lessee occupation and enjoyment of the Grazing Land as contemplated by this lease and to carry out such maintenance and repairs as are incumbent upon the Lessor in terms of clause 14.2 hereof, and if the Lessor shall fails to carry out any such obligation of maintenance or repair with reasonable speed and efficiency, and persists in such default after reasonable notice in writing requiring that it be entitledremedied, in addition the Lessee may cause the necessary maintenance or repair (including any incidental or necessary replacement) to any other remedy or right available to it in terms of this lease, to have the relevant improvement and/or addition removed be carried out and to may then recover the reasonable cost thereof from the Lessee, including the cost of repair of all damage and/or defects caused by such removalLessor on demand.
Appears in 1 contract
Sources: Lease Agreement
Alterations, Additions, and Improvements. 14.1 13.1 The Lessee may shall not make any alterations or additions to any of the Buildings, the Property or any part of it Premises without the Lessor's ’s prior written consent. The , but the Lessor must shall not withhold its consent unreasonably to any such an alteration or addition which is of a minor nature and not structural.
14.2 13.2 If the Lessee does alter, add to, or improve the Buildings, the Property or any part of it Premises in any way, whether in breach of clause 13.1 or not, the Lessee mustshall, if so required in writing by the Lessor requires it in writingLessor, restore the Buildings and/ Premises on the termination of this lease to their condition as it was prior to such alteration, addition or the Property to its original condition after the lease terminatesimprovement having been made. The Lessor's request for restoration must ’s requirement in this regard may be given no communicated to the Lessee at any time, but not later than 7 days the (specify) day after the Lessee has given delivered up the Property back Premises pursuant to the Lessor after termination of this lease. This ; and this clause must 13.2 shall not be interpreted to exclude construed as excluding any other or further remedy which the Lessor may have for in consequence of a breach by the Lessee of clause 14.113.1.
14.3 Except 13.3 Save for any improvement which is removed from the Property Premises as required by the Lessor in terms of clause 14.213.2, all improvements made on or to the Property will Premises shall belong to the Lessor and may not be removed from the PropertyPremises at any time. The Lessee will never shall not, whatever the circumstances, have any claim against the Lessor for compensation for any improvement or repair to the Property or Premises, unless such improvements were made with the Lessor’s prior written consent, nor shall the Lessee have a right of retention in respect of any improvements.
14.4 Should 14.1 The Lessee shall have no claim for damages against the Lessor and may not withhold or delay any payment due to the Lessor by reason directly or indirectly of
14.1.1 a breach by the Lessor of any of its obligations under this lease;
14.1.2 any act or omission of the Lessor or any agent or servant of or contractor to the Lessor, whether or not negligent, or otherwise actionable at law, and including (without limiting the generality of the aforegoing) any act or omission of any cleaner, maintenance person, handyman, artisan, labourer, workman, watchman, guard, or commissionaire;
14.1.3 the condition or state of repair at any time of the Property, the Building, or any part of the Property or the Building;
14.1.4 any failure or suspension of, or any interruption in, the supply of water, electricity, gas, air-conditioning, heating, or any other amenity or service to the Premises, the Building, or the Property (including, without generality being limited, any cleaning service), whatever the cause;
14.1.5 any breakdown of, or interruption in the operation of, any machinery, plant, equipment, installation or system situated in or on, or serving, the Property, the Building, or the Premises, and including (but without limiting the generality of the aforegoing) any lift, escalator, geyser, boiler, burglar alarm, or security installation or system, again regardless of cause;
14.1.6 any interruption of or interference with the enjoyment or beneficial occupation of the Premises or any of the common parts of the Property or the Building caused by any building operations or other works to or in the Building or elsewhere on or about the Property, whether carried out by the Lessor or by anybody else; or
14.1.7 any other event or circumstance whatever occurring, or failing to occur, upon, in, or about the Property, the Building, or the Premises, whether or not the Lessor could otherwise have been held liable for such occurrence or failure, and the Lessee fail indemnifies the Lessor against all liability to comply with a demand made members of the Lessee’s household, the Lessee’s servants, guests and other invitees, and all other persons who may occupy or be entitled to occupy the Premises or any parts thereof through or under the Lessee, in consequence of any such matter as is referred to in clauses 14.1.1 to 14.1.7 above.
14.2 The Lessor shall not, however, be excused from specific performance of any of its obligations under this lease, whether express or implied, and particularly (but not only) its obligations to afford the Lessee occupation and enjoyment of the Premises as contemplated by this lease and to carry out such maintenance and repairs as are incumbent upon the Lessor in terms of clause 14.2 hereof; and if the Lessor shall fails to carry out any such obligation of maintenance or repair with reasonable speed or efficiency, and persists in such default after reasonable notice in writing requiring that it be entitledremedied, in addition the Lessee may cause the necessary maintenance or repair (including any incidental or necessary replacement) to any other remedy or right available to it in terms of this lease, to have the relevant improvement and/or addition removed be carried out and to may then recover the reasonable cost thereof from the Lessee, including the cost of repair of all damage and/or defects caused by such removalLessor on demand.
Appears in 1 contract
Sources: Lease Agreement
Alterations, Additions, and Improvements. 14.1 The Lessee may shall not make any alterations or additions to any of the Buildings, the Property or any part of it Premises without the Lessor's ’s prior written consent. The , but the Lessor must shall not withhold with- hold its consent unreasonably to any such an alteration or addition which is of a minor nature and not structural.
14.2 If the Lessee does alter, add to, or improve the Buildings, the Property or any part of it Premises in any way, whether in breach of clause 14.1 or not, the Lessee mustshall, if so required in writing by the Lessor requires it in writingLessor, restore the Buildings and/ Premises on the termination of this lease to their condition as it was prior to such alteration, addition or the Property to its original condition after the lease terminatesimprovement having been made. The Lessor's request for restoration must ’s requirement in this regard may be given no communicated to the Lessee at any time, but not later than 7 days the (specify) day after the Lessee has given delivered up the Property back Premises pursuant to the Lessor after termination of this lease. This ; and this clause must 14.2 shall not be interpreted to exclude construed as excluding any other or further remedy which the Lessor may have for in consequence of a breach by the Lessee of clause 14.1.
14.3 Except Save for any improvement which is removed from the Property Premises as required by the Lessor in terms of clause 14.2, all improvements made on or to the Property will Premises shall belong to the Lessor and may not be removed from the PropertyPremises at any time. The Lessee will never shall not, whatever the circumstances, have any claim against the Lessor for compensation for any improvement or repair to the Property or Premises, unless such improvements were made with the Lessor’s prior written consent, nor shall the Lessee have a right of retention in respect of any improvements.
14.4 Should 15.1 The Lessee shall have no claim for damages against the Lessor and may not withhold or delay any payment due to the Lessor by reason directly or indirectly of
15.1.1 a breach by the Lessor of any of its obligations under this lease;
15.1.2 any act or omission of the Lessor or any agent or servant of, or contractor to, the Lessor, whether or not negligent, or otherwise actionable at law, and including (without limiting the generality of the aforegoing) any act or omission of any cleaner, maintenance person, handyman, artisan, labourer, workman, watchman, guard or caretaker;
15.1.3 the condition or state of repair at any time of the Property, the Building or any part of the Property or the Building;
15.1.4 any failure or suspension of, or any interruption in, the supply of water, electricity, gas, air-conditioning, heating, or any other amenity or service to the Premises, the Building or the Property (including, without generality being limited, any cleaning service), whatever the cause;
15.1.5 any breakdown of, or interruption in the operation of, any machinery, plant, equipment, installation or system situated in or on, or serving, the Property, the Building or the Premises, and including (but without limiting the generality of the aforegoing) any lift, geyser, boiler, burglar alarm or security installation or system, again regardless of cause;
15.1.6 any interruption of, or interference with, the enjoyment or beneficial occupation of the Premises or any of the common parts of the Property or the Building caused by any building operations or other works to or in the Building or elsewhere on or about the Property, whether by the Lessor or by anybody else; or
15.1.7 any other event or circumstance whatever, occurring, or failing to occur, upon, in or about the Property, the Building or the Premises, whether or not the Lessor could otherwise have been held liable for such occurrence or failure, and the Lessee fail indemnifies the Lessor against all liability to comply with a demand made any of the Associates, directors, members, agents, customers, servants, guests and other invitees of the Lessee or of any of its Associates, and all other persons who may enter upon the Premises or any parts thereof through or under the Lessee, in consequence of any such matter as is referred to in clauses 15.1.1 to 15.1.7 above.
15.2 The Lessor shall not, however, be excused from specific performance of any of its obligations under this lease, whether express or implied, and particularly (but not only) its obligations to afford the Lessee occupation and enjoyment of the Premises as contemplated by this lease and to carry out such maintenance and repairs as are incumbent upon the Lessor in terms of clause 14.2 hereof; and if the Lessor shall fails to carry out any such obligation of maintenance or repair with reasonable speed or efficiency, and persists in such default after reasonable notice in writing requiring that it be entitledremedied, in addition the Lessee may cause the necessary maintenance or repair (including any incidental or necessary replacement) to any other remedy or right available to it in terms of this lease, to have the relevant improvement and/or addition removed be carried out and to may then recover the reasonable cost thereof from the Lessee, including Lessor on demand.
15.3 The Lessor does not warrant that the cost Premises are suitable for the purposes of repair the Lessee or any of all damage and/or defects caused by such removalits Associates or that the Lessee or any of its Associates will be granted any licence or consent which may be necessary for the carrying on of any business or activity in the Premises.
Appears in 1 contract
Sources: Lease Agreement
Alterations, Additions, and Improvements. 14.1 13.1 The Lessee may shall not make any alterations or additions to any of the Buildings, the Property Property, any part thereof, or any part item of it the Lessor’s Equipment without the Lessor's ’s prior written consent. The , but the Lessor must shall not withhold its consent unreasonably to any such alteration or addition which is of a minor nature and not structural.
14.2 13.2 If the Lessee does alter, add to, or improve the Buildings, the Property or any part of it in any way, whether in breach of clause 13.1 or not, the Lessee mustshall, if so required in writing by the Lessor requires it in writingLessor, restore the Buildings and/ or Property on the Property termination of this lease to its original condition after the lease terminatesas it was prior to such alteration, addition or improvement having been made. The Lessor's request for restoration must ’s requirement in this regard may be given no communicated to the Lessee at any time, but not later than 7 days the (specify) day after the Lessee has given delivered up the Property back pursuant to the Lessor after termination of this lease. This ; and this clause must 13.2 shall not be interpreted to exclude construed as excluding any other or further remedy which the Lessor may have for in consequence of a breach by the Lessee of clause 14.113.1.
14.3 Except 13.3 Save for any improvement which is removed from the Property as required by the Lessor in terms of clause 14.213.2, all improvements made on or to the Property will shall belong to the Lessor and may not be removed from the PropertyProperty at any time. The Lessee will never shall not, whatever the circumstances, have any claim against the Lessor for compensation for any improvement or repair to the Property or the Lessor’s Equipment, nor shall the Lessee have a right of retention in respect of any improvements.
14.4 Should 14.1 The Lessee shall have no claim for damages against the Lessor and may not withhold or delay any payment due to the Lessor by reason directly or indirectly of
14.1.1 a breach by the Lessor of any of its obligations under this lease;
14.1.2 any act or omission of the Lessor or any agent or servant of or contractor to the Lessor, whether or not negligent, or otherwise actionable at law, and including (without limiting the generality of the aforegoing) any act or omission of any cleaner, maintenance person, handyman, artisan, labourer, workman, watchman, guard, or commissionaire;
14.1.3 the condition or state of repair at any time of the Property, the Buildings, or any part of the Property or the Buildings;
14.1.4 any failure or suspension of, or any interruption in, the supply of water, electricity, gas, air-conditioning, heating, or any other amenity or service to the Property or any of the Buildings, whatever the cause;
14.1.5 any breakdown of, or interruption in the operation of, any machinery, plant, equipment, installation, or system situated in or on, or serving, the Property or any part thereof or any of the Buildings, and including (but without limiting the generality of the aforegoing) the swimming pool plant or any geyser, boiler, burglar alarm, or security installation or system (again regardless of cause);
14.1.6 any interruption of or interference with the enjoyment or beneficial occupation of the Property caused by any building operations or other works on or about the Property, whether carried out by the Lessor or by anybody else; or
14.1.7 any other event or circumstance whatever occurring, or failing to occur, upon, in, or about the Property or any of the Buildings, whether or not the Lessor could otherwise have been held liable for such occurrence or failure, and the Lessee fail indemnifies the Lessor against all liability to comply with a demand made members of the Lessee’s household, the Lessee’s servants, guests and other invitees, and all other persons who may occupy or be entitled to occupy the Property or any parts thereof through or under the Lessee, in consequence of any such matter as is referred to in clauses 14.1.1 to 14.1.7 above.
14.2 The Lessor shall not, however, be excused from specific performance of any of its obligations under this lease, whether express or implied, and particularly (but not only) its obligations to afford the Lessee occupation and enjoyment of the Property as contemplated by this lease and to carry out such maintenance and repairs as are incumbent upon the Lessor in terms of clause 14.2 hereof; and if the Lessor shall fails to carry out any such obligation of maintenance or repair with reasonable speed or efficiency, and persists in such default after reasonable notice in writing requiring that it be entitledremedied, in addition the Lessee may cause the necessary maintenance or repair (including any incidental or necessary replacement) to any other remedy or right available to it in terms of this lease, to have the relevant improvement and/or addition removed be carried out and to may then recover the reasonable cost thereof from the Lessee, including the cost of repair of all damage and/or defects caused by such removalLessor on demand.
Appears in 1 contract
Sources: Lease Agreement
Alterations, Additions, and Improvements. 14.1 The Lessee may shall not, except with the Lessor’s prior written consent, which consent will not be unreasonably withheld, make any alterations or additions to any of the Buildings, the Property or any part of it without the Lessor's prior written consent. The Lessor must not withhold its consent unreasonably to any such alteration or addition which is of a minor nature and not structuralImprovements.
14.2 If the Lessee does alter, add to, to or improve the Buildings, the Property Grazing Land or any part of it thereof in any way, whether in breach of clause 14.1 or not, the Lessee mustshall, if so required in writing by the Lessor requires it in writingLessor, restore the Buildings and/ or Grazing Land on the Property termination of this lease to its original condition after the lease terminatesas it was prior to such alteration, addition or improvement having been made. The Lessor's request for restoration must ’s requirement in this regard may be given no communicated to the Lessee at any time, but not later than 7 days the (specify) day after the Lessee has given delivered up the Property back Grazing Land pursuant to the Lessor after termination of this lease. This , and this clause must 14.2 shall not be interpreted to exclude construed as excluding any other or further remedy which the Lessor may have for in consequence of a breach by the Lessee of clause 14.1.
14.3 Except Save for any addition or improvement which is removed from the Property Grazing Land as required by the Lessor in terms of clause 14.2, all additions and improvements made on or to the Property will Grazing Land shall belong to the Lessor and may not be removed from the PropertyGrazing Land at any time. The Lessee will never shall not, whatever the circumstances, have any claim against the Lessor for compensation for any addition or improvement or repair to the Property or a Grazing Land, nor shall the Lessee have any right of retention in respect of any improvements.. 15 Exclusion of lessor from certain liability and indemnity
14.4 Should 15.1 The Lessee shall have no claim for damages against the Lessor and may not withhold or delay any payment due to the Lessor by reason directly or indirectly of
15.1.1 a breach by the Lessor of any of its obligations under this lease;
15.1.2 any act or omission of the Lessor or any agent or servant of, or contractor to, the Lessor, whether or not negligent, or otherwise actionable at law;
15.1.3 the condition or state of repair at any time of the Grazing Land, any of the Improvements or any part of the Grazing Land;
15.1.4 any failure or suspension of, or any interruption in, the supply of water, electricity, gas, or any other amenity or service to the Grazing Land, whatever the cause;
15.1.5 any breakdown of, or interruption in the operation of, any of the Improvements or any system situated in or on, or serving the Grazing Land or the Improvements, again regardless of cause;
15.1.6 any interruption of, or interference with, the enjoyment or beneficial occupation of the Grazing Land or any part thereof;
15.1.7 any other event or circumstance whatever, occurring, or failing to occur, upon, in or about the Grazing Land, whether or not the Lessor could otherwise have been held liable for such occurrence or failure,
15.2 The Lessor shall not, however, be excused from specific performance of any of its obligations under this lease, whether express or implied, and particularly (but not only) its obligations to afford the Lessee fail occupation and enjoyment of the Grazing Land as contemplated by this lease and to comply with a demand made by carry out such maintenance and repairs as are incumbent upon the Lessor in terms of clause 14.2 hereof, and if the Lessor shall fails to carry out any such obligation of maintenance or repair with reasonable speed and efficiency, and persists in such default after reasonable notice in writing requiring that it be entitledremedied, in addition the Lessee may cause the necessary maintenance or repair (including any incidental or necessary replacement) to any other remedy or right available to it in terms of this lease, to have the relevant improvement and/or addition removed be carried out and to may then recover the reasonable cost thereof from the Lessee, including the cost of repair of all damage and/or defects caused by such removalLessor on demand.
Appears in 1 contract
Sources: Lease Agreement
Alterations, Additions, and Improvements. 14.1 16.1 The Lessee may shall not make any alterations or additions to any of the Buildings, the Property Premises or any part of it thereof, whether structurally or otherwise, without the Lessor's ’s prior written consent. The Lessor must not withhold its consent unreasonably to any such alteration or addition which is of a minor nature and not structural.
14.2 16.2 If the Lessee does alter, add to, or improve the Buildings, the Property or any part of it Premises in any way, whether in breach of clause 16.1 or not, the Lessee mustshall, if so required in writing by the Lessor requires it in writingLessor, restore the Buildings and/ or Premises on the Property termination of this Agreement to its original condition after the lease terminatesas it was prior to such alteration, addition or improvement having been made. The Lessor's request for restoration must ’s requirement in this regard may be given no communicated to the Lessee at any time, but not later than 7 days the 30th (Thirtieth) day after the Lessee has given delivered up the Property back Premises pursuant to the Lessor after termination of this lease. This Agreement; and this clause must 16.2 shall not be interpreted to exclude construed as excluding any other or further remedy which the Lessor may have for in consequence of a breach by the Lessee of clause 14.116.1.
14.3 Except 16.3 Save for any improvement which is removed from the Property Premises as required by the Lessor in terms of clause 14.216.2, all improvements made on or to the Property will Premises (or the Lessor’s equipment) shall belong to the Lessor and may not be removed from the PropertyPremises at any time. The Lessee will never shall not, whatever the circumstances, have any claim against the Lessor for compensation for any improvement or repair to the Property Premises or the Lessor’s equipment, nor shall the Lessee have a right of retention in respect of any improvements.
14.4 Should 16.4 The Lessee shall not contravene or permit the contravention of any law, by-law, regulation, town planning scheme or condition of title, relating to or affecting the Premises in respect of any alteration or addition to the Premises, the approval by the Lessor of any alteration or addition shall not be construed as a condonation by the Lessor of any contravention of any law (as above), and the Lessee fail shall remain liable to comply with a demand made by same.
16.5 The Lessee shall comply with all the terms and conditions, which the Lessor may prescribe in giving the consent in terms of clause 14.2 the Lessor shall be entitled, in addition to any other remedy or right available to it in 16.1.
16.6 The terms of this leaseAgreement and specifically this clause 16, shall not in any way be construed as placing any obligation on the Lessee to have effect any leasehold improvement to the relevant improvement Premises, Building and/or addition removed and to recover the cost thereof from the Lessee, including the cost of repair of all damage and/or defects caused by such removalProperty.
Appears in 1 contract
Sources: Lease Agreement
Alterations, Additions, and Improvements. 14.1 13.1 The Lessee may shall not make any alterations or additions to any of the Buildings, the Property or any part thereof, or any item of it the Furniture or the Lessor’s Fittings without the Lessor's ’s prior written consent. The , but the Lessor must shall not withhold its consent unreasonably to any such alteration or addition which is of a minor nature and not structural.
14.2 13.2 If the Lessee does alter, add to, or improve the Buildings, the Property or any part of it in any way, whether in breach of clause 13.1 or not, the Lessee mustshall, if so required in writing by the Lessor requires it in writingLessor, restore the Buildings and/ or Property on the Property termination of this lease to its original condition after the lease terminatesas it was prior to such alteration, addition, or improvement having been made. The Lessor's request for restoration must ’s requirement in this regard may be given no communicated to the Lessee at any time, but not later than 7 days the (specify) day after the Lessee has given delivered up the Property back pursuant to the Lessor after termination of this lease. This ; and this clause must 13.2 shall not be interpreted to exclude construed as excluding any other or further remedy which the Lessor may have for in consequence of a breach by the Lessee of clause 14.113.1.
14.3 Except 13.3 Save for any improvement which is removed from the Property as required by the Lessor in terms of clause 14.213.2, all improvements made on or to the Property will shall belong to the Lessor and may not be removed from the PropertyProperty at any time. The Lessee will never shall not, whatever the circumstances, have any claim against the Lessor for compensation for any improvement or repair to the Property or the Furniture, nor shall the Lessee have a right of retention in respect of any improvements.. 14 Exclusion of lessor from certain liability and indemnity
14.4 Should 14.1 The Lessee shall have no claim for damages against the Lessee fail Lessor and may not withhold or delay any payment due to comply with the Lessor by reason directly or indirectly of
14.1.1 a demand made breach by the Lessor in terms of clause 14.2 any of its obligations under this lease;
14.1.2 any act or omission of the Lessor shall be entitledor any agent or servant of or contractor to the Lessor, in addition to whether or not negligent, or otherwise actionable at law, and including (without limiting the generality of the aforegoing) any act or omission of any cleaner, maintenance person, handyman, artisan, labourer, workman, watchman, guard, or commissionaire;
14.1.3 the condition or state of repair at any time of the Property, the Buildings, or any part of the Property or the Buildings;
14.1.4 any failure or suspension of, or any interruption in, the supply of water, electricity, gas, air conditioning, heating, or any other remedy amenity or right available service to it the Property or any of the Buildings, whatever the cause;
14.1.5 any breakdown of, or interruption in terms the operation of, any machinery, plant, equipment, installation, or system situated in or on, or serving, the Property or any part thereof or any of the Buildings, and including (but without limiting the generality of the aforegoing) the swimming pool plant or any geyser, boiler, burglar alarm, or security installation or system, again regardless of cause;
14.1.6 any interruption of or interference with the enjoyment or beneficial occupation of the Property caused by any building operations or other works on or about the Property, whether carried out by the Lessor or by anybody else; or
14.1.7 any other event or circumstance whatever occurring, or failing to occur, upon, in, or about the Property or any of the Buildings, whether or not the Lessor could otherwise have been held liable for such occurrence or failure,
14.2 The Lessor shall not, however, be excused from specific performance of any of its obligations under this lease, whether express or implied, and particularly (but not only) its obligations to have the relevant improvement and/or addition removed and to recover the cost thereof from the Lessee, including the cost of repair of all damage and/or defects caused by such removal.afford the
Appears in 1 contract
Sources: Lease Agreement
Alterations, Additions, and Improvements. 14.1 13.1 The Lessee may shall not make any alterations or additions to any of the Buildings, the Property or any part thereof, or any item of it the Furniture or the Lessor’s Fittings without the Lessor's ’s prior written consent. The , but the Lessor must shall not withhold its consent unreasonably to any such alteration or addition which is of a minor nature and not structural.
14.2 13.2 If the Lessee does alter, add to, or improve the Buildings, the Property or any part of it in any way, whether in breach of clause 13.1 or not, the Lessee mustshall, if so required in writing by the Lessor requires it in writingLessor, restore the Buildings and/ or Property on the Property termination of this lease to its original condition after the lease terminatesas it was prior to such alteration, addition, or improvement having been made. The Lessor's request for restoration must ’s requirement in this regard may be given no communicated to the Lessee at any time, but not later than 7 days the (specify) day after the Lessee has given delivered up the Property back pursuant to the Lessor after termination of this lease. This ; and this clause must 13.2 shall not be interpreted to exclude construed as excluding any other or further remedy which the Lessor may have for in consequence of a breach by the Lessee of clause 14.113.1.
14.3 Except 13.3 Save for any improvement which is removed from the Property as required by the Lessor in terms of clause 14.213.2, all improvements made on or to the Property will shall belong to the Lessor and may not be removed from the PropertyProperty at any time. The Lessee will never shall not, whatever the circumstances, have any claim against the Lessor for compensation for any improvement or repair to the Property or the Furniture, nor shall the Lessee have a right of retention in respect of any improvements.
14.4 Should 14.1 The Lessee shall have no claim for damages against the Lessor and may not withhold or delay any payment due to the Lessor by reason directly or indirectly of
14.1.1 a breach by the Lessor of any of its obligations under this lease;
14.1.2 any act or omission of the Lessor or any agent or servant of or contractor to the Lessor, whether or not negligent, or otherwise actionable at law, and including (without limiting the generality of the aforegoing) any act or omission of any cleaner, maintenance person, handyman, artisan, labourer, workman, watchman, guard, or commissionaire;
14.1.3 the condition or state of repair at any time of the Property, the Buildings, or any part of the Property or the Buildings;
14.1.4 any failure or suspension of, or any interruption in, the supply of water, electricity, gas, air conditioning, heating, or any other amenity or service to the Property or any of the Buildings, whatever the cause;
14.1.5 any breakdown of, or interruption in the operation of, any machinery, plant, equipment, installation, or system situated in or on, or serving, the Property or any part thereof or any of the Buildings, and including (but without limiting the generality of the aforegoing) the swimming pool plant or any geyser, boiler, burglar alarm, or security installation or system, again regardless of cause;
14.1.6 any interruption of or interference with the enjoyment or beneficial occupation of the Property caused by any building operations or other works on or about the Property, whether carried out by the Lessor or by anybody else; or
14.1.7 any other event or circumstance whatever occurring, or failing to occur, upon, in, or about the Property or any of the Buildings, whether or not the Lessor could otherwise have been held liable for such occurrence or failure, and the Lessee fail indemnifies the Lessor against all liability to comply with a demand made members of the Lessee’s household, the Lessee’s servants, guests, and other invitees, and all other persons who may occupy or be entitled to occupy the Property or any parts thereof through or under the Lessee, in consequence of any such matter as is referred to in clauses 14.1.1 to 14.1.7 above.
14.2 The Lessor shall not, however, be excused from specific performance of any of its obligations under this lease, whether express or implied, and particularly (but not only) its obligations to afford the Lessee occupation and enjoyment of the Property and the Furniture as contemplated by this lease and to carry out such maintenance and repairs as are incumbent upon the Lessor in terms of clause 14.2 hereof; and if the Lessor shall fails to carry out any such obligation of maintenance or repair with reasonable speed or efficiency, and persists in such default after reasonable notice in writing requiring that it be entitledremedied, in addition the Lessee may cause the necessary maintenance or repair (including any incidental or necessary replacement) to any other remedy or right available to it in terms of this lease, to have the relevant improvement and/or addition removed be carried out and to may then recover the reasonable cost thereof from the Lessee, including the cost of repair of all damage and/or defects caused by such removalLessor on demand.
Appears in 1 contract
Sources: Lease Agreement
Alterations, Additions, and Improvements. 14.1 12.1 The Lessee may shall not make any alterations or additions to any of the Buildings, the Property Property, any part thereof, or any part item of it the Lessor’s Equipment without the Lessor's ’s prior written consent. The , but the Lessor must shall not withhold its consent unreasonably to any such alteration or addition which is of a minor nature and not structural.
14.2 12.2 If the Lessee does alter, add to, or improve the Buildings, the Property or any part of it in any way, whether in breach of clause 12.1 or not, the Lessee mustshall, if so required in writing by the Lessor requires it in writingLessor, restore the Buildings and/ or Property on the Property termination of this lease to its original condition after the lease terminatesas it was prior to such alteration, addition or improvement having been made. The Lessor's request for restoration must ’s requirement in this regard may be given no communicated to the Lessee at any time, but not later than 7 14 (Fourteen) days after the Lessee has given delivered up the Property back pursuant to the Lessor after termination of this lease. This ; and this clause must 12.2 shall not be interpreted to exclude construed as excluding any other or further remedy which the Lessor may have for in consequence of a breach by the Lessee of clause 14.112.1.
14.3 Except 12.3 Save for any improvement which is removed from the Property as required by the Lessor in terms of clause 14.212.2, all improvements made on or to the Property will shall belong to the Lessor and may not be removed from the PropertyProperty at any time. The Lessee will never shall not, whatever the circumstances, have any claim against the Lessor for compensation for any improvement or repair to the Property or the Lessor’s Equipment, nor shall the Lessee have a right of retention in respect of any improvements.
14.4 Should the Lessee fail to comply with a demand made by the Lessor in terms of clause 14.2 the Lessor shall be entitled, in addition to any other remedy or right available to it in terms of this lease, to have the relevant improvement and/or addition removed and to recover the cost thereof from the Lessee, including the cost of repair of all damage and/or defects caused by such removal.
Appears in 1 contract
Sources: Lease Agreement
Alterations, Additions, and Improvements. 14.1 13.1 The Lessee may shall not make any alterations or additions to any of the Buildings, the Property Property, any part thereof, or any part item of it the Lessor’s Equipment without the Lessor's ’s prior written consent. The , but the Lessor must shall not withhold its consent unreasonably to any such alteration or addition which is of a minor nature and not structural.
14.2 13.2 If the Lessee does alter, add to, or improve the Buildings, the Property or any part of it in any way, whether in breach of clause 13.1 or not, the Lessee mustshall, if so required in writing by the Lessor requires it in writingLessor, restore the Buildings and/ or Property on the Property termination of this lease to its original condition after the lease terminatesas it was prior to such alteration, addition or improvement having been made. The Lessor's request for restoration must ’s requirement in this regard may be given no communicated to the Lessee at any time, but not later than 7 days the (specify) day after the Lessee has given delivered up the Property back pursuant to the Lessor after termination of this lease. This ; and this clause must 13.2 shall not be interpreted to exclude construed as excluding any other or further remedy which the Lessor may have for in consequence of a breach by the Lessee of clause 14.113.1.
14.3 Except 13.3 Save for any improvement which is removed from the Property as required by the Lessor in terms of clause 14.213.2, all improvements made on or to the Property will shall belong to the Lessor and may not be removed from the PropertyProperty at any time. The Lessee will never shall not, whatever the circumstances, have any claim against the Lessor for compensation for any improvement or repair to the Property or the Lessor’s Equipment, nor shall the Lessee have a right of retention in respect of any improvements.. 14 Exclusion of lessor from certain liability and indemnity
14.4 Should 14.1 The Lessee shall have no claim for damages against the Lessor and may not withhold or delay any payment due to the Lessor by reason directly or indirectly of
14.1.1 a breach by the Lessor of any of its obligations under this lease;
14.1.2 any act or omission of the Lessor or any agent or servant of or contractor to the Lessor, whether or not negligent, or otherwise actionable at law, and including (without limiting the generality of the aforegoing) any act or omission of any cleaner, maintenance person, handyman, artisan, labourer, workman, watchman, guard, or commissionaire;
14.1.3 the condition or state of repair at any time of the Property, the Buildings, or any part of the Property or the Buildings;
14.1.4 any failure or suspension of, or any interruption in, the supply of water, electricity, gas, air-conditioning, heating, or any other amenity or service to the Property or any of the Buildings, whatever the cause;
14.1.5 any breakdown of, or interruption in the operation of, any machinery, plant, equipment, installation, or system situated in or on, or serving, the Property or any part thereof or any of the Buildings, and including (but without limiting the generality of the aforegoing) the swimming pool plant or any geyser, boiler, burglar alarm, or security installation or system (again regardless of cause);
14.1.6 any interruption of or interference with the enjoyment or beneficial occupation of the Property caused by any building operations or other works on or about the Property, whether carried out by the Lessor or by anybody else; or
14.1.7 any other event or circumstance whatever occurring, or failing to occur, upon, in, or about the Property or any of the Buildings, whether or not the Lessor could otherwise have been held liable for such occurrence or failure,
14.2 The Lessor shall not, however, be excused from specific performance of any of its obligations under this lease, whether express or implied, and particularly (but not only) its obligations to afford the Lessee fail occupation and enjoyment of the Property as contemplated by this lease and to comply with a demand made by carry out such maintenance and repairs as are incumbent upon the Lessor in terms of clause 14.2 hereof; and if the Lessor shall fails to carry out any such obligation of maintenance or repair with reasonable speed or efficiency, and persists in such default after reasonable notice in writing requiring that it be entitledremedied, in addition to any other remedy or right available to it in terms of this lease, to have the relevant improvement and/or addition removed and to recover the cost thereof from the Lessee, including the cost of repair of all damage and/or defects caused by such removal.Lessee may
Appears in 1 contract
Sources: Lease Agreement
Alterations, Additions, and Improvements. 14.1 13.1 The Lessee may shall not make any alterations or additions to the Premises or any item of the Buildings, the Property or any part of it Furniture without the Lessor's ’s prior written consent. The , but the Lessor must shall not withhold its consent unreasonably to any such an alteration or addition to the Premises which is of a minor nature and not structural.
14.2 13.2 If the Lessee does alter, add to, or improve the Buildings, the Property or any part of it Premises in any way, whether in breach of clause 13.1 or not, the Lessee mustshall, if so required in writing by the Lessor requires it in writingLessor, restore the Buildings and/ Premises on the termination of this lease to their condition as it was prior to such alteration, addition or the Property to its original condition after the lease terminatesimprovement having been made. The Lessor's request for restoration must ’s requirement in this regard may be given no communicated to the Lessee at any time, but not later than 7 days the (specify) day after the Lessee has given delivered up the Property back Premises pursuant to the Lessor after termination of this lease. This ; and this clause must 13.2 shall not be interpreted to exclude construed as excluding any other or further remedy which the Lessor may have for in consequence of a breach by the Lessee of clause 14.113.1.
14.3 Except 13.3 Save for any improvement which is removed from the Property Premises as required by the Lessor in terms of clause 14.213.2, all improvements made on or to the Property will Premises shall belong to the Lessor and may not be removed from the PropertyPremises at any time. The Lessee will never shall not, whatever the circumstances, have any claim against the Lessor for compensation for any improvement or repair to the Property Premises or the Furniture, nor shall the Lessee have a right of retention in respect of any improvements.
14.4 Should 14.1 The Lessee shall have no claim for damages against the Lessor and may not withhold or delay any payment due to the Lessor by reason directly or indirectly of
14.1.1 a breach by the Lessor of any of its obligations under this lease;
14.1.2 any act or omission of the Lessor or any agent or servant of or contractor to the Lessor, whether or not negligent, or otherwise actionable at law, and including (without limiting the generality of the aforegoing) any act or omission of any cleaner, maintenance person, handyman, artisan, labourer, workman, watchman, guard, or commissionaire;
14.1.3 the condition or state of repair at any time of the Property, the Building, or any part of the Property or the Building;
14.1.4 any failure or suspension of, or any interruption in, the supply of water, electricity, gas, air-conditioning, heating, or any other amenity or service to the Premises, the Building, or the Property (including, without generality being limited, any cleaning service), whatever the cause;
14.1.5 any breakdown of, or interruption in the operation of, any machinery, plant, equipment, installation or system situated in or on, or serving, the Property, the Building, or the Premises, and including (but without limiting the generality of the aforegoing) any lift, escalator, geyser, boiler, burglar alarm, or security installation or system, again regardless of cause;
14.1.6 any interruption of or interference with the enjoyment or beneficial occupation of the Premises or any of the common parts of the Property or the Building caused by any building operations or other works to or in the Building or elsewhere on or about the Property, whether carried out by the Lessor or by anybody else; or
14.1.7 any other event or circumstance whatever occurring, or failing to occur, upon, in, or about the Property, the Building, or the Premises, whether or not the Lessor could otherwise have been held liable for such occurrence or failure, and the Lessee fail indemnifies the Lessor against all liability to comply with a demand made members of the Lessee’s household, the Lessee’s servants, guests, and other invitees, and all other persons who may occupy or be entitled to occupy the Premises or any parts thereof through or under the Lessee, in consequence of any such matter as is referred to in clauses 14.1.1 to 14.1.7 above.
14.2 The Lessor shall not, however, be excused from specific performance of any of its obligations under this lease, whether express or implied, and particularly (but not only) its obligations to afford the Lessee occupation and enjoyment of the Premises and the Furniture as contemplated by this lease and to carry out such maintenance and repairs as are incumbent upon the Lessor in terms of clause 14.2 hereof; and if the Lessor shall fails to carry out any such obligation of maintenance or repair with reasonable speed or efficiency, and persists in such default after reasonable notice in writing requiring that it be entitledremedied, in addition the Lessee may cause the necessary maintenance or repair (including any incidental or necessary replacement) to any other remedy or right available to it in terms of this lease, to have the relevant improvement and/or addition removed be carried out and to may then recover the reasonable cost thereof from the Lessee, including the cost of repair of all damage and/or defects caused by such removalLessor on demand.
Appears in 1 contract
Sources: Lease Agreement
Alterations, Additions, and Improvements. 14.1 10.1. The Lessee may shall not make any alterations or additions to any of the Buildings, the Property Property, any part thereof, or any part item of it the Lessor’s Equipment without the Lessor's ’s prior written consent. The , but the Lessor must shall not withhold its consent unreasonably to any such alteration or addition which is of a minor nature and not structural.
14.2 10.2. If the Lessee does alter, add to, or improve the Buildings, the Property or any part of it in any way, whether in breach of clause 13.1 or not, the Lessee mustshall, if so required in writing by the Lessor requires it in writingLessor, restore the Buildings and/ or Property on the Property termination of this lease to its original condition after the lease terminatesas it was prior to such alteration, addition or improvement having been made. The Lessor's request for restoration must ’s requirement in this regard may be given no communicated to the Lessee at any time, but not later than 7 days the (specify) day after the Lessee has given delivered up the Property back pursuant to the Lessor after termination of this lease. This ; and this clause must 13.2 shall not be interpreted to exclude construed as excluding any other or further remedy which the Lessor may have for in consequence of a breach by the Lessee of clause 14.113.1.
14.3 Except 10.3. Save for any improvement which is removed from the Property as required by the Lessor in terms of clause 14.213.2, all improvements made on or to the Property will shall belong to the Lessor and may not be removed from the PropertyProperty at any time. The Lessee will never shall not, whatever the circumstances, have any claim against the Lessor for compensation for any improvement or repair to the Property or the Lessor’s Equipment, nor shall the Lessee have a right of retention in respect of any improvements.
14.4 Should the Lessee fail to comply with a demand made by the Lessor in terms of clause 14.2 the Lessor shall be entitled, in addition to any other remedy or right available to it in terms of this lease, to have the relevant improvement and/or addition removed and to recover the cost thereof from the Lessee, including the cost of repair of all damage and/or defects caused by such removal.
Appears in 1 contract
Sources: Lease Agreement (Lenco Mobile Inc.)