PROVIDED ALWAYS AND IT IS HEREBY AGREED AND DECLARED Sample Clauses
The clause titled "PROVIDED ALWAYS AND IT IS HEREBY AGREED AND DECLARED" serves as an introductory phrase to set out specific conditions, exceptions, or clarifications within a contract. It typically precedes important stipulations that modify or qualify the main terms, such as limitations on rights, additional obligations, or carve-outs to general provisions. By clearly demarcating these special terms, the clause ensures that both parties are aware of and agree to any exceptions or particular arrangements, thereby reducing ambiguity and potential disputes.
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PROVIDED ALWAYS AND IT IS HEREBY AGREED AND DECLARED as follows:-
8.1 Forfeiture
(a) if the rents or other monies reserved by this Lease or any part or parts thereof shall be unpaid for twenty-one (21) days after becoming payable (in the case of Initial Rent whether having been formally demanded or not); or
(b) if any of the covenants by the Tenant contained in this Lease shall not be performed or observed in any material respect, the Tenant having been notified of such a breach and having failed within the period of fourteen (14) days following the date of receipt of such notice (or such longer period as may be agreed between the parties acting reasonably having regard to the nature of the breach); or
(c) if the Tenant (being a body corporate) has a winding-up petition presented against it or passes a winding-up resolution (other than in connection with a members voluntary winding up for the purposes of an amalgamation or reconstruction which has the prior written approval of the Landlord or resolves to present its own winding-up petition or is wound-up (whether in Ireland or elsewhere) or a Receiver and Manager or Examiner is appointed in respect of the Demised Premises or any part thereof or of the Tenant; or
(d) if the Tenant (being an individual, or if more than one individual, then any one of them) has a bankruptcy petition presented against him or is adjudged bankrupt (whether in Ireland or elsewhere) or suffers any distress or execution to be levied on the Demised Premises or enters into composition with his creditors or shall have a receiving order made against him THEN, and in any such case, the Landlord may at any time thereafter re-enter the Demised Premises or any part thereof in the name of the whole and thereupon the Term shall absolutely cease and determine but without prejudice to any rights or remedies which may then have accrued to either party against the other in respect of any antecedent breach of any of the covenants or conditions contained in this Lease.
PROVIDED ALWAYS AND IT IS HEREBY AGREED AND DECLARED as follows:-
4.1 In the case of a dispute arising between the Landlord and the Tenant in respect of any matters relating to this Lease such dispute shall be determined by a Chartered Surveyor mutually agreed between the Landlord and ▇▇▇▇▇▇ acting as an Expert and in the absence of agreement within twenty-one days of such dispute to be appointed by the President of the Royal Institution of Chartered Surveyors on the application of either party
4.2 If the Landlord fails to comply with his covenants contained in paragraphs 3.3.,
PROVIDED ALWAYS AND IT IS HEREBY AGREED AND DECLARED as follows:-
(i) The rent hereby reserved shall be reviewed at the end of the tenth twentieth and thirtieth years of the said term such dates being hereinafter separately called “Rent Review Date”
(ii) If at each Rent Review Date the Market Rental Value (as defined in sub-clause (iv) of this clause ) shall be found to exceed the sum being paid for the period immediately preceding the Rent Review Date then current there shall be substituted for such yearly rent an increased yearly rent equal to the sum being paid immediately preceding the said Rent Review Date plus the amount of any such excess said increased yearly rent payable at the Rent Review Date pursuant to a review s hall not exceed 160% the rent payable immediately preceding such Rent Review Date.
(iii) Such increased yearly rent shall be payable from the Rent Review Date then current until further reviewed under the provisions hereof
(iv) For the purpose of this Clause the expression "Market Rental Value" means the annual rack rent at which the demised premises if vacant at the relevant Rent Review Date could be let at that time in the open market by willing landlord to a willing tenant for a term not exceeding the then residue of the term hereby granted on the same terms and conditions as in this Lease and on the basis that the demised premises have been at all times maintained in accordance with the covenants and conditions imposed by this Lease but without any attachment for goodwill to the demised premises by reason of the carrying on thereat of the business of the Lessee or to any improvements carried out to the 'demised premises by the lessee otherwise than in pursuance of an obligation to the Landlord.
(v) The Market Rental Value at the Rent Review Date shall be such sum as the Landlord shall specify by notice in writing to the Lessee not more than twelve months nor less than six months before the appropriate Rent Review in writing to the Landlord .within two months of service of the Landlords notice such revised rent shall be deemed to be the Market Rental Value payable from the Rent Review Date to which it relates subject only to the proviso to Sub-Clause 2 (ii) hereof in the event of the Lessee notifying the Landlord of its objection to the reviewed rent specified in the notice the parties hereto shall forthwith consult together and use their best endeavours to reach agreement as to the amount of the Market Rental Value but failing agreement within one month after the service of such not...
PROVIDED ALWAYS AND IT IS HEREBY AGREED AND DECLARED as follows:-
(1) If the rents hereby reserved or any part thereof shall at any time be unpaid for fourteen days after the due date for payment thereof (whether formally demanded or not) or if any of the covenants or obligations on the part of the Tenant herein contained shall not be performed or observed then and in any such case it shall be lawful for the Landlord subject to the leave of the Court and the consent of any person which may by law be required and subject to eight weeks prior written notice having been given by the Landlord to any mortgagee or the Tenant of its interest in the Demised Premises at any time thereafter to re-enter upon the Demised Premises or any part thereof in the name of the whole and thereupon this demise shall absolutely determine but without prejudice to any right of action of the Landlord in respect of any antecedent breach of any of the covenants on the part of the Tenant herein contained PROVIDED ALWAYS that nothing in this Clause contained shall be construed as qualifying or restricting the meaning or application of any of the covenants on the part of the Tenant herein or as giving authority for the Tenant not to comply strictly with these presents
PROVIDED ALWAYS AND IT IS HEREBY AGREED AND DECLARED that the terms and conditions contained in this Agreement shall be in addition to and not in substitution for terms and conditions implied herein by virtue of Section 67 of the Movable Property Security Rights Act except so far as such implied terms and conditions are inconsistent with the terms and conditions hereof in which case the terms and conditions hereof shall prevail.