Common use of Main Structure Clause in Contracts

Main Structure. (a) The Landlord shall use its best endeavours to procure that the Manager shall keep the roof of the Development and the main structure and walls (including the glass curtain walls) thereof, the main, drains and pipes and cables therein and other common areas and common facilities therein which are necessary for the proper use and enjoyment of the Premises in a proper state of repair and condition (the repair and any other works which the Landlord has agreed to use its best endeavours to procure the Manager to carry out under this Clause 7.3(a) are hereinafter known as the “Landlord’s Works”) Provided that the Landlord shall not be liable for breach of this Clause unless and until prior written notice of any defect or want of repair shall have been given by the Tenant to the Landlord and the Landlord shall have failed to notify the Manager to carry out any such necessary Landlord’s Works after the lapse of a reasonable time from the service of such notice Provided : tthe Tenant shall permit the Landlord, its k”li. surveyor(s), contractor(s) or agent(s) and all persons duly authorised by the Landlord with or without workmen or others and with or without appliances, tools, materials and equipment at all reasonable times (except in case of emergency) to enter and remain on the Premises for the purpose of executing the Landlord’s Works. (b) The Tenant hereby agrees, accepts and acknowledges that:- (i) the Landlord shall have the right to erect scaffolding or structures of like nature over the Premises or the Development or the Lot or any part thereof for the purpose of executing the Landlord’s Works without any interference whatsoever by the Tenant or any person whomsoever claiming under the Tenant; (ii) the Landlord’s Works may cause nuisance, annoyance, disturbance, interference or disruption to the use and enjoyment of the Premises and the business and operations of the Tenant therein, and/or may diminish, interfere with, obstruct or affect the amenity of the Premises, the access to the Premises and/or the access of light or air to the Premises or any easement, quasi- easement, liberty, privilege or right whatsoever enjoyed by the Premises, and/or may result in the making of noise and vibration and the emission of dust and other substances affecting the Premises or the Development or the Lot or any part thereof and any other forms of disturbance; and (iii) in order to facilitate the execution of the Landlord’s Works, the Premises or some part thereof may have to be temporarily closed and/or ceased to be used by the Tenant and the Tenant may have to carry out demolition, renovation, refurbishment, alteration and/or other building works at the Premises before, during and/or after the execution of the Landlord’s Works. (c) The Tenant shall not in any circumstances be entitled to any abatement of Rent, rates, and other charges and outgoings payable hereunder, nor to raise any objection or complaint or to claim against the Landlord for any loss of business or profit or any other loss, damages or compensation whatsoever or for any disruption or inconvenience caused to or suffered by the Tenant, and the Landlord (including its servants and agents) shall not be liable to the Tenant or any other person whatsoever and the Landlord shall not be regarded as being in breach of any provisions of this Agreement or in derogation of the grant hereunder, in respect of or upon the occurrence of any of those events and matters described in sub-clause (b) above or in any way by reason of or resulting from the execution of the Landlord’s Works.

Main Structure. (a) The Landlord shall use its best endeavours to procure that the Manager shall keep the roof of the Development and the main structure and walls (including the glass curtain walls) thereof, the main, drains and pipes and cables therein and other common areas and common facilities therein which are necessary for the proper use and enjoyment of the Premises in a proper state of repair and condition (the repair and any other works which the Landlord has agreed to use its best endeavours to procure the Manager to carry out under this Clause 7.3(a) are hereinafter known as the “Landlord’s Works”) Provided that the Landlord shall not be liable for breach of this Clause unless and until prior written notice of any defect or want of repair shall have been given by the Tenant to the Landlord and the Landlord shall have failed to notify the Manager to carry out any such necessary Landlord’s Works after the lapse of a reasonable time from the service of such notice Provided : tthe further that the Tenant shall permit the Landlord, its k”li. surveyor(s), contractor(s) or agent(s) and all persons duly authorised by the Landlord with or without workmen or others and with or without appliances, tools, materials and equipment at all reasonable times (except in case of emergency) to enter and remain on the Premises for the purpose of executing the Landlord’s Works. (b) The Tenant hereby agrees, accepts and acknowledges that:- (i) the Landlord shall have the right to erect scaffolding or structures of like nature over the Premises or the Development or the Lot or any part thereof for the purpose of executing the Landlord’s Works without any interference whatsoever by the Tenant or any person whomsoever claiming under the Tenant; (ii) the Landlord’s Works may cause nuisance, annoyance, disturbance, interference or disruption to the use and enjoyment of the Premises and the business and operations of the Tenant therein, and/or may diminish, interfere with, obstruct or affect the amenity of the Premises, the access to the Premises and/or the access of light or air to the Premises or any easement, quasi- easement, liberty, privilege or right whatsoever enjoyed by the Premises, and/or may result in the making of noise and vibration and the emission of dust and other substances affecting the Premises or the Development or the Lot or any part thereof and any other forms of disturbance; and (iii) in order to facilitate the execution of the Landlord’s Works, the Premises or some part thereof may have to be temporarily closed and/or ceased to be used by the Tenant and the Tenant may have to carry out demolition, renovation, refurbishment, alteration and/or other building works at the Premises before, during and/or after the execution of the Landlord’s Works. (c) The Tenant shall not in any circumstances be entitled to any abatement of Rent, rates, and other charges and outgoings payable hereunder, nor to raise any objection or complaint or to claim against the Landlord for any loss of business or profit or any other loss, damages or compensation whatsoever or for any disruption or inconvenience caused to or suffered by the Tenant, and the Landlord (including its servants and agents) shall not be liable to the Tenant or any other person whatsoever and the Landlord shall not be regarded as being in breach of any provisions of this Agreement or in derogation of the grant hereunder, in respect of or upon the occurrence of any of those events and matters described in sub-clause (b) above or in any way by reason of or resulting from the execution of the Landlord’s Works.