Common use of Redevelopment Clause in Contracts

Redevelopment. The Landlord shall be entitled to carry out or permit the Development of any neighbouring premises of the Landlord or any part thereof and to build on or into any boundary wall of the Demised Premises or to re-route any services in or access to the Demised Premises subject to the Landlord exercising such right in a reasonable manner and making good any damage caused and ensuring that the Tenant’s full use and enjoyment of the Demised Premises is not thereby adversely affected Whenever in this lease the consent or licence of the Landlord is required in any matter then the Landlord shall be entitled to withhold its consent or licence unless and until it has obtained the consent of any superior landlord All monies payable by the Tenant under this Lease not expressly reserved as rent shall be a charge on the Demised Premises and recoverable as for rent in arrear The Surety in consideration of this Lease having been made at its request hereby covenants with the Landlord that the Tenant will throughout the Term pay the rents hereby reserved or subsequently ascertained on the days and in manner aforesaid and will perform and observe all the Tenant’s covenants hereinbefore contained and that in case of default in such payment of rents or in the performance or observance of such covenants as aforesaid the Surety will pay and make good to the Landlord on demand all losses damages costs and expenses thereby arising or incurred by the Landlord notwithstanding:- 1.1 any neglect or forbearance of the Landlord in endeavouring to obtain payment or to enforce performance of the several stipulations herein on the Tenant’s part contained (and any time which may be given to the Tenant by the Landlord shall not release or exonerate or in any way affect the liability of the Surety under this covenant) 1.2 that the terms of this Lease may have been varied by agreement between the Landlord and the Tenant where such variation is immaterial and not prejudicial to the Surety 1.3 that this Lease may have been assigned or that the Tenant may have ceased to exist or may have surrendered part of the Demised Premises or 1.4 any other act or thing whereby but for this provision the surety would have been released If this Lease shall be disclaimed or the Tenant (being a company) shall be dissolved or cease to exist and if the Landlord shall by notice in writing have so required the Surety will take from the Landlord a new Lease of the Demised Premises for a term commensurate with the residue of the term which would have remained had there been no disclaimer dissolution or cesser (as the case may be) at the same rent and subject to the same covenants and conditions as are reserved by and contained in this Lease (with the exception of the surety covenants contained in this Seventh Schedule) such new Lease to take effect from the date of such disclaimer or dissolution or cesser (as the case may be) and in such case the Surety shall without delay take or join in all acts necessary for the grant of such new Lease and will pay all costs relating to the grant of such new Lease and execute and deliver to the Landlord a counterpart thereof

Redevelopment. (i) The Landlord shall be entitled may terminate this lease under this clause by giving the Tenant not less than 6 months prior notice in writing (termination notice). The termination notice must specify the date on which this lease terminates (termination date), which does not need to carry out or permit coincide with the Development end of any neighbouring premises a Rent period. (ii) This lease terminates on the termination date, at which time the Tenant and the Tenant’s Associates must deliver up vacant possession of the Landlord or any part thereof and to build on or into any boundary wall of the Demised Premises or to re-route any services in or access to the Demised Premises subject to the Landlord exercising such right in a reasonable manner accordance with the terms of this lease (including clause 17). (iii) The Tenant remains liable for the payment of the Rent and making good any damage caused all other amounts payable under this lease and ensuring that for the performance and observance of the Tenant’s full use and enjoyment of the Demised Premises is not thereby adversely affected Whenever in obligations under this lease up to the consent or licence termination date or, in respect of those covenants which survive the termination of this lease, until those covenants have been fulfilled. (iv) If the Landlord is required in any matter then the Landlord shall be entitled wishes to withhold its consent or licence unless and until it has obtained the consent of any superior landlord All monies payable by the Tenant under this Lease not expressly reserved as rent shall be a charge on the Demised Premises and recoverable as for rent in arrear The Surety in consideration of this Lease having been made at its request hereby covenants with the Landlord that the Tenant will throughout the Term pay the rents hereby reserved or subsequently ascertained on the days and in manner aforesaid and will perform and observe all relocate the Tenant’s covenants hereinbefore contained and that in case of default in such payment of rents or in the performance or observance of such covenants as aforesaid the Surety will pay and make good to business, the Landlord on demand all losses damages costs and expenses thereby arising or incurred by must give the Landlord notwithstanding:-Tenant written notice of relocation (relocation notice) at the same time as the termination notice is given. 1.1 any neglect or forbearance (v) The relocation notice must give details of the Landlord in endeavouring an alternative retail shop (alternative shop) to obtain payment or to enforce performance of the several stipulations herein on the Tenant’s part contained (and any time which may be given made available to the Tenant by the Landlord. (vi) If a relocation notice is given, the Landlord shall not release or exonerate or in any way affect must offer the liability Tenant a new lease of the Surety alternative shop (new lease). That offer must contain the following: (A) the rent for the alternative shop, which must be no more than the Rent payable for the Premises under this covenant)lease, adjusted to take into account any difference in the commercial values of the Premises and the alternative shop at the time of relocation; 1.2 that (B) the terms of this Lease may have been varied by agreement between the Landlord and the Tenant where such variation is immaterial and not prejudicial to the Surety 1.3 that this Lease may have been assigned or that the Tenant may have ceased to exist or may have surrendered part conditions of the Demised Premises or 1.4 any other act lease, which are to be the same, or thing whereby but for this provision the surety would have been released If this Lease shall be disclaimed or the Tenant (being a company) shall be dissolved or cease to exist and if the Landlord shall by notice in writing have so required the Surety will take from the Landlord a new Lease of the Demised Premises for a term commensurate with the residue of the term which would have remained had there been no disclaimer dissolution or cesser (as the case may be) at the same rent and subject to the same covenants better, terms and conditions as are reserved by and contained in this Lease (with lease except that the exception term of the surety covenants contained in new lease is to be no shorter than the remainder of the Term of this Seventh Schedulelease; (C) such new Lease to take effect from the date by which the Tenant must accept the Landlord’s offer (which must be at least 30 days after the date of such disclaimer the offer); and (D) that the Tenant’s acceptance of the offer must be in writing. (vii) If the Tenant accepts the offer on or dissolution or cesser before the date specified under clause 21.2(c)(vi)(C): (as A) the case may beLandlord must provide the Tenant with the new lease not later than 30 days after the Tenant accepts the offer; (B) the Tenant must execute the new lease and in such case the Surety shall without delay take or join in all acts necessary for the grant of such new Lease and will pay all costs relating to the grant of such new Lease and execute and deliver return it to the Landlord not later than 30 days after being provided with the lease by the Landlord; (C) the Landlord is responsible for arranging the preparation of the new lease and must pay the costs of the Landlord's solicitors of the instructions for and the preparation and execution of the new lease; and (D) the Landlord must pay the Tenant’s reasonable costs of the relocation, including but not limited to: (1) costs incurred by the Tenant in dismantling fittings, equipment or services at the Premises; (2) costs incurred by the Tenant in replacing, re-installing or modifying finishes, fittings, equipment or services to the standard existing in the Premises immediately before the relocation, but only to the extent that they are reasonably required in the alternative shop; (3) packaging and removal costs incurred by the Tenant; and (4) legal costs incurred by the Tenant. (viii) If the Landlord does not offer the Tenant a counterpart thereofnew lease of an alternative retail shop then the Landlord is liable to pay to the Tenant such reasonable compensation as is agreed in writing between the parties or determined by the State Administrative Tribunal.

Redevelopment. (a) Landlord shall have the conditional right to terminate this Lease (the “Termination Option”), without penalty after the expiration of the initial Lease Term (the designated date to be referred to herein as the “Early Termination Date”), in the event that Landlord, in its sole and absolute discretion, elects to redevelop the Property. Landlord’s Termination Option is conditioned upon Landlord providing written notice to Tenant (“Termination Notice”) of Landlord’s election to exercise its Termination Option and the designation of the Early Termination Date, at least twelve (12) months prior to the applicable Early Termination Date. The Landlord shall be entitled to carry out or permit may elect, as an Early Termination Date, the Development of any neighbouring premises last day of the Landlord initial Term or any part thereof and to build on or into any boundary wall the last day of the Demised Premises or to re-route any services in or access to First Option Term. (b) If Landlord properly exercises the Demised Premises subject to the Landlord exercising such right in a reasonable manner and making good any damage caused and ensuring that the Tenant’s full use and enjoyment of the Demised Premises is not thereby adversely affected Whenever in this lease the consent or licence of the Landlord is required in any matter then the Landlord shall be entitled to withhold its consent or licence unless and until it has obtained the consent of any superior landlord All monies payable by the Tenant under this Lease not expressly reserved as rent shall be a charge on the Demised Premises and recoverable as for rent in arrear The Surety in consideration of this Lease having been made at its request hereby covenants with the Landlord that the Tenant will throughout the Term pay the rents hereby reserved or subsequently ascertained on the days and in manner aforesaid and will perform and observe all the Tenant’s covenants hereinbefore contained and that in case of default in such payment of rents or in the performance or observance of such covenants as aforesaid the Surety will pay and make good to the Landlord on demand all losses damages costs and expenses thereby arising or incurred by the Landlord notwithstanding:- 1.1 any neglect or forbearance of the Landlord in endeavouring to obtain payment or to enforce performance of the several stipulations herein on the Tenant’s part contained (and any time which may be given to the Tenant by the Landlord shall not release or exonerate or in any way affect the liability of the Surety under this covenant) 1.2 that the terms of this Lease may have been varied by agreement between the Landlord Termination Option and the Tenant where such variation is immaterial and not prejudicial to the Surety 1.3 that this Lease may have notice requirement has been assigned or that the Tenant may have ceased to exist or may have surrendered part of the Demised Premises or 1.4 any other act or thing whereby but for this provision the surety would have been released If satisfied, this Lease shall be disclaimed deemed terminated on the applicable Early Termination Date, Tenant shall return possession of the Premises to Landlord in broom clean condition and in accordance with the terms of Article 22 hereof, and the parties respective rights and obligations hereunder shall terminate, except for those obligations which accrue prior to such Early Termination Date and those rights and obligations which expressly, or by their nature, survive the termination of this Lease (including all indemnification obligations hereunder). If Landlord properly exercises the Termination Option and Tenant (being a company) subsequently fails to timely and properly vacate the Premises and return possession thereof to Landlord on or before the applicable Early Termination Date, Tenant shall be dissolved or cease deemed to exist and if be holding over in the Landlord Premises, which holdover shall by notice in writing have so required the Surety will take from the Landlord a new Lease of the Demised Premises for a term commensurate with the residue of the term which would have remained had there been no disclaimer dissolution or cesser (as the case may be) at the same rent and be subject to the same covenants and conditions as are reserved by and contained in this Lease (with the exception terms of the surety covenants contained in this Seventh Schedule) such new Lease to take effect from the date of such disclaimer or dissolution or cesser (as the case may be) and in such case the Surety shall without delay take or join in all acts necessary for the grant of such new Lease and will pay all costs relating to the grant of such new Lease and execute and deliver to the Landlord a counterpart thereofArticle 23 hereof.