RESTRICTIONS AND PROHIBITIONS. 5. The Tenant hereby agrees with the Landlord as follows:- (a) Not without the previous written consent of the Landlord to erect, install, alter, affix, attach or build or permit or suffer to be erected, installed, altered, affixed, attached or built any fixtures and fittings, partitionings, architectural features, air-conditioning units or plants, radio or television aerials or other erections or fixtures and fittings or equipment or installations of any kind in the said premises or the said building or upon the roofs or through the windows or external walls thereof or any other part or parts thereof or without the like consent to make or permit or suffer to be made installations in or alterations or additions to the sprinkler system or any other fire protection or fire fighting system, equipment or apparatus or security system, equipment or apparatus, electrical/gas wiring/piping, air-conditioning ducting, lighting, fixtures and fittings or other Landlord’s fixtures and fittings or the furnishings or installations or to install or place or permit or suffer to be installed or placed any safe, equipment, furniture, plant, object, goods, apparatus or machinery which may impose a weight on any part of the flooring in excess of that for which it is designed or which requires any additional electrical/gas mains/ wiring/piping or which may consume electricity/gas not metered through the Tenant’s separate meter. In the event of breach of this covenant, the Tenant shall keep the Landlord fully indemnified against all loss, damages, claims and demands as a result thereof and shall make good any damage caused thereby to that part of the said building or any fixtures and fittings therein provided that the indemnification and the making good of such damage as aforesaid shall be without prejudice to any further right competent to the Landlord by virtue of such breach. For the avoidance of doubt, the Tenant shall comply with the directions and instructions of the Landlord regarding installation of all permitted erections fixtures and fittings equipment and shall at its own expense be responsible for their periodic inspection, maintenance and repair and for the replacement of defective wiring and parts and the Tenant shall be strictly liable for any damage caused by the installation, operation, defect or removal of the same. (b) Not to make or permit or suffer to be made any alterations in or additions to the mechanical or electrical installations in the said building nor to overload or permit or suffer to be overloaded the lifts or the electrical circuits within the said building nor to place or transport or install or use or permit or suffer to be placed or transported or installed or used any equipment, apparatus or machinery which may exceed the loading of the lifts or the electrical installations or the electrical main or wiring in the said building or which may consume electricity not metered through the Tenant’s separate meter. (c) Not to make or permit or suffer to be made any alterations to any installation or fixture so as to affect or be likely to affect the supply of water, electricity or other utility or service to or in the said building. (d) Not to make or permit or suffer to be made any external or structural alteration or other alteration or addition whatsoever to the said building or to the existing design or external appearance of the facade or elevations of the said building or the common areas or the common services and facilities thereof. (e) Not without the prior written consent of the Landlord which may be granted or withheld or granted subject to conditions imposed at its absolute discretion to erect or install or alter or affix or attach or build or permit or suffer to be erected, installed, altered, affixed, attached or built any fixtures and fittings, partitions, doors, gates, metal grilles, shutters or any other erection or structure or installation whatsoever whether of a temporary or permanent nature in the said premises or in or at the doorway or entrance or staircase or roof in or on or to the said premises or the said building or at any of the fire exits therefrom or erect any such fixture or partition or door or gate or metal grille or shutter or alter or obstruct the position of any smoke lobby doors or fire escape means of the said building or any other fire protection or fire fighting systems equipment or apparatus that might in any way contravene the laws, bye-laws or regulations from time to time in force of the Fire Services Department or other competent authority concerned, nor in any other respect to contravene the same. (f) Any work hereunder for which the Landlord’s written consent shall have been first had and obtained shall be carried out and completed at the Tenant’s risk solely and shall in all respects fully comply with the Buildings Ordinance and any regulations thereunder and in carrying out any approved work hereunder the Tenant shall and shall cause its servants, employees, agents, contractors and workmen to cooperate fully with the Landlord and all authorised representatives, servants, employees, agents, contractors and workmen of the Landlord and with other tenants or contractors carrying out any work in the said building. The Tenant, its servants, employees, agents, contractors and workmen shall obey and comply with all instructions and directions which may be given by the Landlord and its authorised representatives and the manager of the said building in connection with the carrying out of such work. (g) In carrying out any work to the mechanical and electrical installations and/or wirings and/or the sprinkler systems and/or the fire protection and fire fighting systems, equipment and apparatus and/or the security systems, equipment and apparatus which has been previously approved by the Landlord, the Tenant shall use only a contractor approved in writing for the purpose by the Landlord at the expense of the Tenant and in such manner as the Landlord shall in its absolute discretion think fit and the Tenant shall also be solely responsible for all electricity and other charges thereby incurred. (h) The Tenant shall if required by the Landlord pay on demand all costs, charges and expenses (including legal costs and fees payable to architects, engineers and surveyors) which may be reasonably incurred by the Landlord in connection with any licence or consent granted for the work under this Clause.
Appears in 2 contracts
Sources: Tenancy Agreement (Pitanium LTD), Tenancy Agreement (Pitanium LTD)
RESTRICTIONS AND PROHIBITIONS. 5. The Tenant hereby agrees with the Landlord as follows:-follows :-
(a) Not without the previous written consent of the Landlord to erect, install, alter, affix, attach erect install or build alter any fixtures partitioning or other erection or installation in the Premises or to make suffer or permit or suffer to be erected, installed, altered, affixed, attached made any alterations or built any fixtures and fittings, partitionings, architectural features, additions to the electrical wiring installation air-conditioning units plant or plants, radio ducting (if any) and lighting fixtures or television aerials any part thereof or other erections or Landlord’s fixtures and fittings or equipment or installations of any kind in the said premises or the said building or upon the roofs or through the windows or external walls thereof or any other part or parts thereof or nor without the like consent to make or permit or suffer to be made installations in or alterations or additions to the sprinkler system or any other fire protection or fire fighting system, equipment or apparatus or security system, equipment or apparatus, electrical/gas wiring/piping, air-conditioning ducting, lighting, fixtures and fittings or other Landlord’s fixtures and fittings or the furnishings or installations or to install or place or permit or suffer to be installed or placed any safe, equipment, furniture, plant, object, goods, plant equipment apparatus or machinery including any safe or other object which may impose imposes a weight on any part of the flooring in excess of that for which it is designed or which requires any additional electrical/gas mains/ wiring/piping or which was designed. The Landlord shall be entitled to prescribe the maximum weight and permitted location of safes and other heavy equipment and to require that the same stand on supports of such dimensions and material to distribute the weight as the Landlord may consume electricity/gas not metered through deem necessary. All reasonable and proper fees incurred by the Tenant’s separate meter. In Landlord in obtaining the event approval of breach its architects to the location of this covenant, heavy objects shall be borne by the Tenant shall keep the Landlord fully indemnified against all loss, damages, claims and demands payment therefor may be imposed as a result thereof and shall make good pre-requisite to the Tenant receiving such consent;
(b) Not to install any damage caused thereby to that air-conditioning plant or equipment of any kind on or within or at any part of the said building or any fixtures and fittings therein provided that Premises without the indemnification and the making good prior consent of such damage as aforesaid shall be without prejudice to any further right competent to the Landlord by virtue of such breach. For the avoidance of doubt, in writing AND the Tenant shall comply with the directions and instructions of the Landlord regarding installation of all permitted erections fixtures and fittings equipment and shall at its own expense be responsible for their periodic inspection, inspection maintenance and repair and for the replacement of defective wiring and parts and the Tenant shall be strictly liable for any damage caused by the installation, operation, installation operation defect or removal of the same.such units;
(bc) Not to make or permit or suffer to be made any alterations in or additions to the mechanical or electrical installations in the said building Building nor to overload install or permit or suffer to be overloaded the lifts or the electrical circuits within the said building nor to place or transport or install or use or permit or suffer to be placed or transported or installed or used any equipment, apparatus or machinery which may exceed exceeds the loading of the lifts or the electrical installations in the Building nor to install or permit or suffer to be installed any equipment, apparatus or machinery which exceeds the loading of the electrical main or wiring in the said building or which may consume consumes electricity not metered through the Tenant’s separate meter.;
(cd) Not to make or permit or suffer to be made any alterations to any installation or fixture so as to affect or be likely to affect the supply of water, electricity or other utility or service to or in the said building.Building;
(de) In carrying out any approved work hereunder the Tenant its servants agents contractors and workmen shall obey and comply with all reasonable instructions and directions which may be given by the Landlord, its Project Manager or other authorised representatives in connection with the carrying out of such work;
(f) Any fees or expenses incurred by the Landlord in connection with the giving of consents hereunder shall be borne by the Tenant; Injury to Main Walls 5.02 Not without the previous written consent of the Landlord to make cut maim or injure or permit or suffer to be made cut maimed or injured any external or doors windows walls beams structural alteration members or other part of the fabric of the Premises; Alterations to Exterior 5.03 Not to affix anything or paint or make any alteration or addition whatsoever to the said building exterior of the Premises save as provided in Section V Clause 5.07 hereof; Obstructions to Outside Windows 5.04 Not to block up darken or obstruct or obscure any shop front window or any other window or lights belonging to the existing design or external appearance Premises without having obtained the express written consent of the facade Landlord which consent may be given subject to such conditions as the Landlord may in its absolute discretion consider fit to impose; Not to erect gates or elevations of the said building or the common areas or the common services and facilities thereof.
(e) grilles 5.05 Not without the prior written consent of the Landlord which may be granted or withheld or granted subject to conditions imposed at its absolute discretion to erect or install or alter or affix or attach or build or permit or suffer to be erected, installed, altered, affixed, attached or built any fixtures and fittings, partitions, doors, gates, metal grilles, shutters or any other erection or structure or similar installation whatsoever whether of a temporary or permanent nature in the said premises or in or at the doorway or entrance or staircase or roof in or on or to the said premises or the said building Premises or at any of the fire exits therefrom or erect any such fixture or partition or door or gate doors or metal grille or shutter or alter or obstruct the position of any smoke lobby doors or fire escape means of the said building or any other fire protection or fire fighting systems equipment or apparatus gate that might in any way contravene the laws, bye-laws or regulations from time to time in force of the Fire Services Department or other competent authority concerned, nor in any other respect to contravene the same.
(f) Any work hereunder for which the Landlord’s written consent shall have been first had and obtained shall be carried out and completed at the Tenant’s risk solely and shall in all respects fully comply with the Buildings Ordinance and any regulations thereunder and in carrying out any approved work hereunder the Tenant shall and shall cause its servants, employees, agents, contractors and workmen to cooperate fully with the Landlord and all authorised representatives, servants, employees, agents, contractors and workmen of the Landlord and with other tenants or contractors carrying out any work in the said building. The Tenant, its servants, employees, agents, contractors and workmen shall obey and comply with all instructions and directions which may be given by the Landlord and its authorised representatives and the manager of the said building in connection with the carrying out of such work.
(g) In carrying out any work to the mechanical and electrical installations and/or wirings and/or the sprinkler systems and/or the fire protection and fire fighting systems, equipment and apparatus and/or the security systems, equipment and apparatus which has been previously approved by the Landlord, the Tenant shall use only a contractor approved in writing for the purpose by the Landlord at the expense of the Tenant and in such manner as the Landlord shall in its absolute discretion think fit and the Tenant shall also be solely responsible for all electricity and other charges thereby incurred.
(h) The Tenant shall if required by the Landlord pay on demand all costs, charges and expenses (including legal costs and fees payable to architects, engineers and surveyors) which may be reasonably incurred by the Landlord in connection with any licence or consent granted for the work under this Clause.regulations;
Appears in 1 contract
Sources: Tenancy Agreement (SRS Labs Inc)
RESTRICTIONS AND PROHIBITIONS. 5. The Tenant hereby agrees with the Landlord as follows:-
(a) Not without the previous written consent of the Landlord to erect, install, alter, affix, attach or build or permit or suffer to be erected, installed, altered, affixed, attached or built any fixtures and fittings, partitionings, architectural features, air-conditioning units or plants, radio or television aerials or other erections or fixtures and fittings or equipment or installations of any kind in the said premises or the said building or upon the roofs or through the windows or external walls thereof or any other part or parts thereof or without the like consent to make or permit or suffer to be made installations in or alterations or additions to the sprinkler system or any other fire protection or fire fighting system, equipment or apparatus or security system, equipment or apparatus, electrical/gas wiring/piping, air-conditioning ducting, lighting, fixtures and fittings or other Landlord’s fixtures and fittings or the furnishings or installations or to install or place or permit or suffer to be installed or placed any safe, equipment, furniture, plant, object, goods, apparatus or machinery which may impose imposes a weight on any part of the flooring in excess of that for which it is designed or which requires any additional electrical/gas mains/ wiring/piping electrical main wiring or which may consume electricity/gas not metered through the Tenant’s separate meter. In the event of breach of this covenant, the Tenant shall keep the Landlord fully indemnified against all loss, damages, claims and demands as a result thereof and shall make good any damage caused thereby to that part of the said building or any fixtures and fittings therein provided that the indemnification and the making good of such damage as aforesaid shall be without prejudice to any further right competent to the Landlord by virtue of such breach. For the avoidance of doubt, the Tenant shall comply with the directions and instructions of the Landlord regarding installation of all permitted erections fixtures and fittings equipment and shall at its own expense be responsible for their periodic inspection, maintenance and repair and for the replacement of defective wiring and parts and the Tenant shall be strictly liable for any damage caused by the installation, operation, defect or removal of the same.
(b) Not to make or permit or suffer to be made any alterations in or additions to the mechanical or electrical installations in the said building nor to overload or permit or suffer to be overloaded the lifts or the electrical circuits within the said building nor to place or transport or install or use or permit or suffer to be placed or transported or installed or used any equipment, apparatus or machinery which may exceed the loading of the lifts or the electrical installations or the electrical main or wiring in the said building or which may consume consumes electricity not metered through the Tenant’s separate meter.
(cb) The Landlord shall be entitled to prescribe the maximum weight and permitted location of safes and other heavy equipment and to require that the same stand on supports of such dimensions and material to distribute the weight as the Landlord may deem necessary.
(a) Not without the previous written consent of the Landlord to erect, install, remove or alter any fixtures, partitioning or other erection or installation in the Premises or any part thereof including in particular additional air-conditioners in the Premises and the fixtures, machinery, meters and switchboards in the A/C transformer room of the Premises or without the like consent to make or permit or suffer to be made any alterations in or additions to any installation or fixture so as to affect or be likely to affect the supply of water, electricity or other utility or service to or in the said buildingelectrical wiring and installations.
(db) Not to make or permit or suffer to be made any external or structural alteration or other alteration or addition whatsoever to the said building or to the existing design or external appearance of the facade or elevations of the said building or the common areas or the common services and facilities thereof.
(e) Not without the prior written consent of the Landlord which may be granted or withheld or granted subject to conditions imposed at its absolute discretion to erect or install or alter or affix or attach or build or permit or suffer to be erected, installed, altered, affixed, attached or built any fixtures and fittings, partitions, doors, gates, metal grilles, shutters or any other erection or structure or installation whatsoever whether of a temporary or permanent nature in the said premises or in or at the doorway or entrance or staircase or roof in or on or to the said premises or the said building or at any of the fire exits therefrom or erect any such fixture or partition or door or gate or metal grille or shutter or alter or obstruct the position of any smoke lobby doors or fire escape means of the said building or any other fire protection or fire fighting systems equipment or apparatus that might in any way contravene the laws, bye-laws or regulations from time to time in force of the Fire Services Department or other competent authority concerned, nor in any other respect to contravene the same.
(f) Any work hereunder for which the Landlord’s written consent shall have been first had and obtained shall be carried out and completed at the Tenant’s risk solely and shall in all respects fully comply with the Buildings Ordinance and any regulations thereunder and in In carrying out any approved work hereunder hereunder, the Tenant shall and shall cause its his servants, employees, agents, contractors and workmen to cooperate fully with the Landlord and all authorised representatives, servants, employees, agents, contractors and workmen of the Landlord and with other tenants or contractors carrying out any work in the said buildingBuilding. The Tenant, its his servants, employees, agents, contractors and workmen shall obey and comply with all instructions and directions which may be given by the Landlord and its Landlord’s Architect, Project Manager or other authorised representatives and the manager of the said building representative(s) in connection with the carrying out of such work.
(gc) In carrying out any work to the mechanical and electrical installations and/or wirings and/or wiring and, the sprinkler systems and/or air-conditioning unit/system, the fire protection services and fire fighting systems, equipment and apparatus and/or the security systems, equipment and apparatus which has been previously approved by the Landlord, the Tenant shall use only a contractor approved by the Landlord in writing for the purpose purpose, which approval may be withheld by the Landlord or given subject to conditions at its absolute discretion.
(d) The work to be performed by the Tenant to the Premises under any of the provisions of this Agreement shall be subject to the inspection of the Landlord, the Landlord’s architect and the Landlord’s general contractor from time to time during the period in which such work is being performed.
(e) No approval by the Landlord is valid unless in writing signed by the Landlord or the Landlord’s authorized representatives.
(3) Not without the previous written consent of the Landlord to cut, maim, injure, drill into, mark or deface or permit or suffer to be cut, maimed, injured, drilled into, marked or defaced any doors, windows, walls, beams, air-conditioner ducts, structural members or any part of the fabric of the Premises nor any of the plumbing or sanitary apparatus or installation included therein.
(4) Not without the consent of the Landlord to drive or insert or permit or suffer to be driven or inserted any nails, screws, hooks, brackets or similar articles into the ceiling, curtain walls, tiled walls or floor of the Premises.
(5) Not without the previous written consent of the Landlord to alter the existing locks, bolts and fittings on the entrance doors to the Premises, nor to install any additional locks, bolts or fittings thereon.
(6) Not to do or permit or suffer to be done any act or thing which may be or become a nuisance danger disturbance or annoyance to the Landlord or to the tenants or occupiers of other premises in the Building or in any adjoining or neighbouring building or to users and customers of such other premises.
(7) Not to produce or suffer or permit to be produced at any time in the Premises any music or noise (including sound produced by broadcasting from television, radio or any other service or by any equipment or instrument capable of producing or reproducing music or sound) so as to constitute, in the opinion of the Landlord (which opinion shall be conclusive) a nuisance or to give cause for reasonable complaint from the occupants of any other units in the Building or persons using or visiting the same.
(8) Not to affix or display or permit or suffer to be affixed or displayed within or outside the Premises any signboard, sign, decoration, advertising matter or other device whether illuminated or not which may be visible from outside the Premises, save that:-
(a) The Tenant shall be entitled at his own expense to have his name affixed or otherwise displayed in English and Chinese in uniform lettering or characters and in a location at the expense shopfront of the Premises all as designated by the Landlord. If the Tenant carries on business under a name other than his own name, he shall notify the Landlord the name under which his business is being carried on and the Landlord may at its discretion permit or refuse to allow that name to be displayed as aforesaid but the Tenant shall not be entitled to change the business name without the previous written consent of the Landlord which the Landlord may give or withhold at its discretion and without prejudice to the foregoing, the Landlord may, in connection with any application for consent under this Clause, require the Tenant to produce such evidence as the Landlord may think fit to show that no breach of Section (VI) Clause (22) has taken place or is about to take place.
(b) The Tenant shall be entitled to display within the Premises such advertising matter as is reasonably required for the sale of goods or services rendered by the Tenant in the Premises but not otherwise.
(9) Not to use or permit or suffer the Premises to be used for any purpose other than for the Tenant’s business the nature of which is set out in Part VI of the First Schedule hereto and the Tenant shall not be entitled to change the nature of his business carried out at the Premises without the Landlord’s prior written consent. In the event of breach of this Clause, the Landlord shall be entitled to :-
(a) upon giving at least twenty-four (24) hours prior notice to the Tenant, disconnect or discontinue the supply of services to the Premises and/or to the Tenant such as chilled water, water gas electric power management and other services forthwith without incurring any liability to the Tenant for any loss or damage suffered by the Tenant as a result thereof Provided Always that the right conferred upon the Landlord under this Clause shall be deemed cumulative remedy and the same shall not prejudice any right of action or remedy of the Landlord for the recovery of all losses and damages sustained or incurred by the Landlord as a result of the Tenant’s breach of this Clause; or
(b) forfeit the tenancy hereby granted in which event the Tenant shall forthwith vacate and deliver up vacant possession of the Premises to the Landlord but without prejudice to any rights which may have accrued to the Landlord by reason of any antecedent breach of any of the obligations on the part of the Tenant herein contained.
(10) Without prejudice to the generality of any other provisions contained herein, not to use or permit or suffer the Premises to be used as a sauna house or a karaoke or for any other singing or dancing activities whether the same relate to or be incidental to the business carried on by the Tenant in the Premises.
(11) Not to use or permit or suffer the Premises to be used for any illegal or immoral purpose. For the purpose of determining whether the Tenant is in breach of these provisions, a conviction by a Court of competent jurisdiction of any person found in or relating to the Premises or any part thereof shall be conclusive evidence and the knowledge of the Tenant as to whether or not the Premises or any part thereof has been used for illegal or immoral purposes shall be immaterial.
(12) Not to use or permit or suffer the Premises or any part thereof to be used as sleeping quarters or as domestic premises within the meaning of the Landlord and Tenant (Consolidation) Ordinance (Chapter 7) or similar legislation for the time being in force, nor to allow any person to remain in the Premises overnight.
(13) Not to use or permit or suffer the Premises to be used for the purpose of the manufacture of goods and merchandise or as a workshop or for the storage of goods and merchandise other than stock reasonably required in connection with the Tenant’s business carried on therein or for any offensive noxious or unhealthy manufacturing process which in the opinion of the manager of the Building (hereinafter called “the Manager”) should be prohibited or restricted.
(14) Not to keep or store or permit or suffer to be kept or stored in the Premises any fireworks, arms, ammunition, gun-powder, salt-petre, kerosene or other inflammable explosive or combustible substance or hazardous goods.
(15) Not to encumber or obstruct or permit or suffer to be encumbered or obstructed with any boxes, packaging or other obstruction of any kind or nature any of the entrances, staircases, landings, passages, escalators, lifts, lobbies or other parts of the Building in common use and not to leave rubbish or any other article or thing in any part of the Building not in the exclusive occupation of the Tenant and in such manner as the Landlord shall in its absolute discretion think be entitled without notice and at the Tenant’s expense to remove and dispose of as it sees fit any such material aforesaid and the Landlord shall not thereby incur any liability to the Tenant or any other person whomsoever and the Tenant shall also indemnify the Landlord against all losses claims damages or expenses of and against the Landlord in respect thereof. Notwithstanding anything herein contained, if there shall be solely responsible for all electricity any breach by the Tenant of this Clause and other charges thereby incurredthe Tenant shall not, within three (3) days from the date of receipt of a written notice from the Landlord specifying such breach, remove and remedy such breach, the Landlord shall have the right to terminate this Agreement forthwith but without prejudice to any right or action of the Landlord in respect of any breach of the Tenant’s terms and conditions herein contained.
(h16) Not to use or permit or suffer the toilet facilities provided by the Landlord to be used for any purpose other than that for which they are intended and not to throw or permit or suffer to be thrown therein any foreign substance of any kind and the Tenant shall reimburse the Landlord on demand all expenses which the Landlord may incur and damage which the Landlord may suffer as a result of the Tenant’s default to comply with this provision.
(17) Not to lay, install, affix or attach any wiring, cables or other article or thing in or upon any of the entrances, staircases, landings, passages, lobbies transformer rooms, switch rooms or other parts of the Building in common use.
(18) Not to allow cause or permit any offensive or unusual odours to be produced upon, permeate through or emanate from the Premises, whether the same is due to the manufacturing or prepare the Tenant’s products in the Premises or otherwise, and the Tenant shall from time to time at its own costs and expenses comply with the regulations and directions given by the Manager and/or the relevant government department(s) to control minimise reduce or remove any offensive or unusual odours to be produced upon, permeate through or emanate from the Premises arising out of or resulting from carrying on its business in the Premises and/or processing its products therein.
(19) Not to allow any noxious, dangerous, poisonous or objectionable effluent to be discharged into the pipes drains or sewers but the Tenant shall take all such measures as may be necessary to ensure that any effluent so discharged will not be corrosive or otherwise harmful to the drains or sewers or cause obstruction or deposit therein. Trade effluent may only be discharged into pipes drains or sewers (if any) designed for such specific purpose.
(20) Not to permit or allow any food to be prepared or food containers to be brought onto or removed from the Premises, other than those in connection with the nature of business carried on by the Tenant in the Premises.
(21) Not to keep or permit or suffer to be kept any animals or pets inside the Premises and to take all such steps and precautions to the satisfaction of the Landlord to prevent the Premises or any part thereof from becoming infested by termites, rats, mice, roaches or any other pests or vermin. The Tenant shall employ at the Tenant’s cost such pest extermination contractors as the Landlord may require and at such intervals as the Landlord may direct.
(22) Not to assign, underlet, part with the possession of or transfer the Premises or any part thereof or any interest therein in any way whether by way of subletting lending sharing or other means, nor permit or suffer any arrangement or transaction whereby any person who is not a party to this Agreement obtains the use, possession, occupation or enjoyment of the Premises or any part thereof irrespective of whether any rental or other consideration is given therefor and in the event of any such transfer sub-letting sharing assignment or parting with the possession of the Premises (whether for monetary consideration or not) this Agreement shall absolutely determine and the Tenant shall forthwith vacate the Premises on notice to that effect from the Landlord. The tenancy hereby created shall be personal to the Tenant named in this Agreement and without in any way limiting the generality of the foregoing, the following acts and events shall, unless approved in writing by the Landlord, be deemed to be breaches of this Clause:-
(a) In the case of a tenant which is a partnership, taking in of one or more new partners whether on the death or retirement of an existing partner or otherwise.
(b) In the case of a tenant who is an individual (including a sole surviving partner of a partnership tenant) the death, insanity or other disability of that individual, to the intent that no right to use, possess, occupy or enjoy the Premises or any part thereof shall vest in the executors, administrators, personal representatives, next of kin, trustee or committee of any such individual.
(c) In the case of a tenant which is a corporation, any take-over, reconstruction, amalgamation, merger, voluntary liquidation, appointment of receiver or change in the person who owns a majority of its voting shares or who otherwise has effective control thereof.
(d) The giving by the Tenant of a power of attorney or similar authority whereby the donee of the power obtains the right to use, possess, occupy or enjoy the Premises or any part thereof or does in fact use, possess, occupy or enjoy the same.
(e) The change of the Tenant’s business name without the previous written consent of the Landlord as required by Section (VI) Clause (8)(a) hereof.
(23) Not to do or permit or suffer to be done any act, deed, matter or thing whatsoever which amounts to a breach of any of the terms and conditions under which the Premises are held from the Government and to indemnify the Landlord against any such breach.
(24) Not to do or permit or suffer to be done any act, deed, matter or thing whatsoever whereby the insurance on the Building against loss or damage by fire and/or other insurable perils and/or claims by third parties for the time being in force (if required any) may be rendered void or voidable or whereby the premium thereon may be increased Provided that if as the result of any act, deed, matter or thing done, permitted or suffered by the Tenant, the premium on any such policy of insurance shall be increased, the Landlord shall be entitled without prejudice to any other remedy hereunder to recover from the Tenant the amount of any such increase.
(25) Not to erect any aerial on the roof or walls of the Building or on the ceiling or walls of the Premises.
(26) Not to install air-conditioning facilities and/or heating facilities in addition to such facilities as provided by the Landlord pay on demand all costs, charges and expenses (including legal costs and fees payable to architects, engineers and surveyors) without the prior written consent of the Landlord which consent may be reasonably incurred withheld by the Landlord without assigning any reason whatsoever.
(27) Not to permit any touting or soliciting for business or the distribution of any pamphlets, notices or advertising matter to be conducted outside or near the Premises or in connection with any licence or consent granted for part of the work under this Clause.Building by any of the Tenan
Appears in 1 contract
RESTRICTIONS AND PROHIBITIONS. 5. The Tenant hereby agrees with the Landlord as follows:-
Not to make structural alterations or additions l. NOT to:- (a) Not without the previous written consent of the Landlord to erect, install, alter, affix, attach or build or permit or suffer to be erected, installed, altered, affixed, attached or built any fixtures and fittings, partitionings, architectural features, air-conditioning units or plants, radio or television aerials or other erections or fixtures and fittings or equipment or installations of any kind in the said premises or the said building or upon the roofs or through the windows or external walls thereof or any other part or parts thereof or without the like consent to make or permit or suffer to be made installations in any structural alteration or alterations or additions addition whatsoever to his Unit which will affect the sprinkler system or any other fire protection or fire fighting system, equipment or apparatus or security system, equipment or apparatus, electrical/gas wiring/piping, air-conditioning ducting, lighting, fixtures and fittings or other Landlord’s fixtures and fittings or the furnishings or installations or to install or place or permit or suffer to be installed or placed any safe, equipment, furniture, plant, object, goods, apparatus or machinery which may impose a weight on any part structural integrity of the flooring in excess of that for which it is designed or which requires any additional electrical/gas mains/ wiring/piping Development or which may consume electricity/gas not metered through exceed the Tenant’s separate meter. In the event of breach of this covenant, the Tenant shall keep the Landlord fully indemnified against all loss, damages, claims and demands as a result thereof and shall make good any damage caused thereby to that part loading constraints of the said building structures in the Development or any fixtures and fittings therein provided that which will interfere with or affect the indemnification and the making good rights of such damage as aforesaid shall be without prejudice other Owners to any further right competent to building, or other structure erected on or in the Landlord by virtue of such breach. For the avoidance of doubt, the Tenant shall comply with the directions and instructions of the Landlord regarding installation of all permitted erections fixtures and fittings equipment and shall at its own expense be responsible for their periodic inspection, maintenance and repair and for the replacement of defective wiring and parts and the Tenant shall be strictly liable for any damage caused by the installation, operation, defect or removal of the same.
Development; (b) Not to make or permit or suffer to be made any alterations in or additions to the mechanical existing design or electrical installations external appearance of the facade (including but not limited to finishes and colour of the external wall, parapet, curtain wall, window and glazing, position of flue aperture, material of railings and balustrades of the Non-enclosed Areas and Flat Roof, etc) or elevations of any building or other structure erected on or in the said building nor to overload Development; (c) erect or build or permit or suffer to be overloaded erected or built on the lifts Flat Roof, the Roof or the electrical circuits within the said building nor to place Development any structure whatsoever whether of a temporary or transport or permanent nature; (d) install or use erect or permit or suffer to be placed or transported or installed or used erected any equipment, apparatus air-conditioning unit or machinery which may exceed ventilation unit or plant or any radio or television aerial or satellite dish or any religious icon or any other fixture whatsoever on or over the loading Flat Roof or the Roof or any part thereof or through or over any window or through or on any external wall of the lifts or the electrical installations or the electrical main or wiring Development (except in the said building or which may consume electricity not metered through case of air-conditioning units in the Tenant’s separate meter.
apertures provided for them in the Units in the Residential Accommodation); (ce) Not to make or permit or suffer to be made any alterations to any installation or fixture so as to affect or be likely to affect the supply of water, electricity or other utility or service to the Land and the Development; (f) install or in repair electrical wiring from the said building.
(d) Not switch rooms to make any part or permit or suffer to be made any external or structural alteration or other alteration or addition whatsoever to the said building or to the existing design or external appearance parts of the facade Development and such works shall be carried out by the Manager or elevations any contractor appointed by the Manager at the expense of the said building Owner or Owners and in such manner as the common areas or the common services and facilities thereof.
(e) Not without the prior written consent of the Landlord which may be granted or withheld or granted subject to conditions imposed at Manager shall in its absolute discretion to erect or install or alter or think fit; and (g) erect, affix or attach place or build cause or permit or suffer to be erected, installed, altered, affixed, attached affixed or built placed any fixtures and fittings, partitions, doors, gates, metal grilles, shutters or any other erection advertising sign or structure or installation whatsoever whether of a permanent or temporary nature on the Flat Roof or permanent nature the Roof or any part thereof without the prior written consent of the Manager and the Manager shall have the right to demand removal of anything erected or placed on the Flat Roof or Roof or any part thereof in the said premises or in or contravention of this provision at the doorway or entrance or staircase or roof in or on or to the said premises or the said building or at any cost and expenses of the fire exits therefrom Owner who erected or erect any such fixture affixed or partition placed the same or door permitted or gate suffered the erection or metal grille affixing or shutter or alter or obstruct the position placing of any smoke lobby doors or fire escape means of the said building or any other fire protection or fire fighting systems equipment or apparatus that might in any way contravene the laws, bye-laws or regulations from time to time in force of the Fire Services Department or other competent authority concerned, nor in any other respect to contravene the same.
(f) Any work hereunder for which the Landlord’s written consent shall have been first had and obtained shall be carried out and completed at the Tenant’s risk solely and shall in all respects fully comply with the Buildings Ordinance and any regulations thereunder and in carrying out any approved work hereunder the Tenant shall and shall cause its servants, employees, agents, contractors and workmen to cooperate fully with the Landlord and all authorised representatives, servants, employees, agents, contractors and workmen of the Landlord and with other tenants or contractors carrying out any work in the said building. The Tenant, its servants, employees, agents, contractors and workmen shall obey and comply with all instructions and directions which may be given by the Landlord and its authorised representatives and the manager of the said building in connection with the carrying out of such work.
(g) In carrying out any work to the mechanical and electrical installations and/or wirings and/or the sprinkler systems and/or the fire protection and fire fighting systems, equipment and apparatus and/or the security systems, equipment and apparatus which has been previously approved by the Landlord, the Tenant shall use only a contractor approved in writing for the purpose by the Landlord at the expense of the Tenant and in such manner as the Landlord shall in its absolute discretion think fit and the Tenant shall also be solely responsible for all electricity and other charges thereby incurred.
(h) The Tenant shall if required by the Landlord pay on demand all costs, charges and expenses (including legal costs and fees payable to architects, engineers and surveyors) which may be reasonably incurred by the Landlord in connection with any licence or consent granted for the work under this Clause.
Appears in 1 contract
Sources: Deed of Mutual Covenant
RESTRICTIONS AND PROHIBITIONS. 5. The Tenant hereby agrees with the Landlord as follows:-
(a) Not without the previous written consent of the Landlord to erect, install, alter, affix, attach or build or permit or suffer to be erected, installed, altered, affixed, attached or built any fixtures and fittings, partitionings, architectural features, air-conditioning units or plants, radio or television aerials or other erections or fixtures and fittings or equipment or installations of any kind in the said premises or the said building or upon the roofs or through the windows or external walls thereof or any other part or parts thereof or without the like consent to make or permit or suffer to be made installations in or alterations or additions to the sprinkler system or any other fire protection or fire fighting system, equipment or apparatus or security system, equipment or apparatus, electrical/gas wiring/piping, air-conditioning ducting, lighting, fixtures and fittings or other Landlord’s fixtures and fittings or the furnishings or installations or to install or place or permit or suffer to be installed or placed any safe, equipment, furniture, plant, object, goods, apparatus or machinery or article which may impose imposes a weight on any part of the flooring in excess of that for which it is designed or which requires any additional electrical/gas mains/ wiring/piping electrical main wiring or which may consume electricity/gas not metered through the Tenant’s separate meter. In the event of breach of this covenant, the Tenant shall keep the Landlord fully indemnified against all loss, damages, claims and demands as a result thereof and shall make good any damage caused thereby to that part of the said building or any fixtures and fittings therein provided that the indemnification and the making good of such damage as aforesaid shall be without prejudice to any further right competent to the Landlord by virtue of such breach. For the avoidance of doubt, the Tenant shall comply with the directions and instructions of the Landlord regarding installation of all permitted erections fixtures and fittings equipment and shall at its own expense be responsible for their periodic inspection, maintenance and repair and for the replacement of defective wiring and parts and the Tenant shall be strictly liable for any damage caused by the installation, operation, defect or removal of the same.
(b) Not to make or permit or suffer to be made any alterations in or additions to the mechanical or electrical installations in the said building nor to overload or permit or suffer to be overloaded the lifts or the electrical circuits within the said building nor to place or transport or install or use or permit or suffer to be placed or transported or installed or used any equipment, apparatus or machinery which may exceed the loading of the lifts or the electrical installations or the electrical main or wiring in the said building or which may consume consumes electricity not metered through the Tenant’s separate meter.
(cb) The Landlord shall be entitled to prescribe the maximum weight and permitted location of safes and other heavy equipment or article and to require that the same shall stand on supports of such dimensions and materials to distribute the weight as the Landlord may deem necessary.
(2) Not without the previous written consent of the Landlord to erect, install, remove or alter any fixtures, fittings partitioning or structure or other erection or installation in or outside the said premises or the Building or any part thereof nor without the like consent make or permit or suffer to be made any structural or non-structural alterations in or additions to any installation or fixture so as to affect or be likely to affect the supply of water, electricity or other utility or service to or in the said buildingpremises or the Landlord’s fixtures and fittings or any electrical wiring and installations or any pipes drains or sewers.
(d3) Not without the previous written consent of the Landlord to make cut, maim, injure, drill into, mark or deface or permit or suffer to be made cut, maimed, injured, drilled into, marked or defaced any external doors, windows, walls, beams, air-conditioner ducts (if any), structural members or structural alteration any part of the fabric of the said premises nor any of the electrical mechanical gas plumbing or sanitary apparatus or installation included therein.
(4) Not without the previous written consent of the Landlord to alter the existing locks, bolts and fittings on the entrance doors to the said premises, nor to install any additional locks, bolts or fittings thereon.
(5) Not to do or permit or suffer to be done in or upon the said premises or in the common passages stairways lifts escalators lobby toilets or roof of the Building any act or thing which may be or become a nuisance or annoyance or cause damage or injury to the Landlord or its employees licensees agents or contractors or to the tenants or occupiers of other premises in the Building or in any adjoining or neighbouring building.
(6) Not to produce or do or permit or suffer to be done at any time in the said premises any act or thing or any music or noise (including but not limited to sound produced by broadcasting from television, radio or any other service or by any equipment apparatus or instrument capable of producing or reproducing receiving or recording music or sound) so as to constitute, in the opinion of the Landlord (which opinion shall be final and conclusive) a nuisance or disturbance or annoyance to or to give cause for reasonable complaint from, the occupants of any other premises in the Building or persons using or visiting the same.
(7) Not without the previous written consent of the Landlord affix or exhibit or display or paint or make any alteration or addition whatsoever or permit or suffer to be affixed or exhibited or displayed or painted outside the said premises or in at or above any common area (including but not limited to stairways, lifts, escalators, lobby, landing or corridor of the Building) any signboard, decoration flag, sign, decoration, advertising matter or other device whether illuminated or not other than in a location designated and in form previously approved by the Landlord in writing.
(8) Not to use or permit or suffer to be used the said premises or any part thereof for any purpose other than for the Tenant’s business the nature of which business is set out in Part V of the First Schedule hereto and the Tenant shall not be entitled to change the nature of its business carried out at the said premises without the Landlord’s prior written consent.
(9) Not to use or permit or suffer to be used the said premises or any part thereof for any illegal or immoral or improper purpose.
(10) Not to use or permit or suffer to be used in or upon the said premises or any part thereof as sleeping quarters or as domestic premises within the meaning of any Landlord and Tenant (Consolidation) Ordinance or similar legislation for the time being in force, nor to allow any person to remain in the said premises overnight.
(11) Not to use or permit or suffer to be used in or upon the said premises for the purpose of the manufacture of goods and merchandise or as a workshop or for the storage of goods and merchandise other than stock reasonably required in connection with the Tenant’s business carried on therein.
(12) Not to keep or store or permit or suffer to be kept or stored in the said premises or any part thereof any illegal drugs, pirated goods or merchandise, arms, ammunition, gun-powder, saltpetre, kerosene or other explosive or combustible or dangerous or hazardous substance or goods or articles or such other substance or goods prohibited under the Dangerous Drugs Ordinance or the Dangerous Goods Ordinance.
(13) Not to encumber or obstruct or permit or suffer to be encumbered or obstructed with any boxes, merchandize, goods, chattels, rubbish, packaging or other objects or articles or obstruction of any kind or nature at any of the entrances, staircases, landings, passages, escalators, lifts, lobbies or other parts of the Building in common use and not to leave place or expose or permitted to be placed left or exposed goods or merchandise or rubbish or any other object or article or thing in any part of the Building not in the exclusive occupation of the Tenant. In addition to any other rights and remedies which the Landlord may have hereunder, the Landlord and its servants workmen contractors and management agents may without any prior notice to the Tenant remove any such obstruction and dispose of the same as the Landlord shall think fit from time to time without incurring any liability whatsoever therefor and the Tenant shall on demand pay and reimburse to the Landlord forthwith all costs and expenses incurred in such removal.
(14) Not to lay, install, affix or attach any wiring, cables or other articles or things in or upon any of the entrances, staircases, landings, passages, lobbies, transformer rooms, switch rooms or other parts of the Building in common use to the said building premises.
(15) Not to prepare or cook or permit or suffer to be prepared or cooked any food in the existing design said premises or external appearance in any part of the facade Building [(except by means of the service lifts or elevations the preparation or consumption of food on the said premises other than the preparation and consumption of light meals or refreshments for consumption by the Tenant’s employees or guests provided that such light meals or refreshments shall not be consumed within any retail areas of the said building premises or within sight of customers and/or the common areas public. No hot food shall be cooked or re-heated other than by an approved microwave oven. The Tenant shall ensure that all wet garbage and refuse will be disposed of by arrangement with and in containers specified by the common services management of the Building)] or to cause or permit any offensive or unusual odours to be produced upon, permeate through or emanate from the said premises.
(16) Not to keep or permit or suffer to be kept any animals or pets inside the said premises, and facilities thereofto take all such steps and precautions to the satisfaction of the Landlord in order to prevent the said premises or any part thereof from becoming infested by termites, rats, mice, roaches or any other pests or vermin and for the better observance hereof the Landlord may require the Tenant to employ at the Tenant’s cost such pest extermination contractors as the Landlord may nominate or approve in writing from time to time and at such intervals as the Landlord may direct. In the event of the said premises becoming so infested, the Tenant shall pay and reimburse to the Landlord forthwith the cost of extermination as arranged or approved by the Landlord and the selected extermination contractors shall be given full access to the said premises for such purpose.
(i) Subject to clause (ii), not without the previous written consent of the Landlord (save and except Affiliates of the tenant with the Landlord’s prior consent in writing (such use or possession of the said premises or any part thereof by the Tenant’s Affiliates shall not be deemed to create any sub-tenancy of whatever nature for the purpose of this clause)) to transfer assign underlet or otherwise part with the possession of the said premises or any part thereof or interest therein in any way whether by way of subletting lending sharing or other means whereby any organization company firm or person not a party to this Agreement obtains the use or possession of the said premises or any part thereof or interest therein irrespective of whether any rental or other consideration is given for such use or possession and in the event of any such transfer sub-letting sharing assignment or parting with the possession of the said premises (whether for monetary consideration or not) this Agreement shall at the option of the Landlord absolutely determine and the Tenant shall forthwith vacate the said premises upon notice to that effect from the Landlord. This Agreement shall be personal to the Tenant and, without in any way limiting the generality of the foregoing, the occurrence of any of the following acts and events shall, unless previously approved in writing by the Landlord, be deemed to be a breach of this Clause:-
(a) In the case of a tenant which is a partnership, the taking in of one or more new partners whether on the death or liquidation or retirement of an existing partner or otherwise.
(b) In the case of a tenant who is an individual (including a sole surviving partner of a partnership tenant), the death insanity or disability of that individual to the intent that no right to use possess occupy or enjoy the said premises or any part thereof shall vest in the executors administrators personal representatives next-of-kin trustee or committee of any such individual.
(c) In the case of a tenant which is a corporation, any take-over reconstruction amalgamation merger voluntary liquidation or presentation of petition for the winding up of the corporation or entry into any composition or arrangement between the corporation and its creditors or change in the person or persons who own a majority of the voting rights or who otherwise has or have effective control of such corporation.
(d) The giving by the Tenant of a power of attorney or similar authority whereby the donee of the power of attorney obtains the right to use possess occupy or enjoy the said premises or any part thereof or interest therein or does in fact use possess occupy or enjoy the same.
(e) The change of the Tenant’s business name as stated in Part V of the First Schedule without the previous written consent of the Landlord.
(ii) With prior consent of the Landlord, the Tenant may share the use of the said premises with its Affiliates.
(18) Not to do or omit to do or permit or cause or suffer to be done any act, deed, matter or thing whatsoever which amounts to a breach of or default in any of the terms and conditions under which the Building is held from the Government and the Deed of Mutual Covenant, the Management Agreement and, if any, the Sub-Deed of Mutual Covenant, and to indemnify the Landlord in full against any such breach or default.
(19) Not to do or omit to do or permit or cause or suffer to be done any act, deed, matter or thing whatsoever whereby the policy or policies of insurance on the Building or the said premises against loss or damage by fire or other insurable perils or claims by third parties or exclusion or disclaimer of the Landlord’s liabilities hereunder for the time being in force may be vitiated or rendered void or voidable or whereby the rate of premium thereon may be increased, and in the event of such occurrence, the Tenant shall indemnify and keep indemnified the Landlord and all third parties in full (without prejudice to any other rights or remedies availalilc to the Landlord) against their loss and damage at all times including but not limited to the costs of renewal by the Landlord of insurance policy or policies and increase in insurance premium.
(20) Not to erect any aerial on the roof or walls of the Building or on the ceiling or walls of the said premises without the prior written consent of the Landlord which may be granted or withheld or granted subject Landlord.
(21) Not to conditions imposed at its absolute discretion install air-conditioning facilities and/or heating facilities without the prior written consent of the Landlord.
(22) Not to erect or install or alter or affix or attach or build suspend or permit or suffer to be erectedsuspended any excessive weight from the main structure of the said premises.
(23) Not to permit or suffer to be held upon the said premises any sale by auction, installedfire, alteredbankruptcy, affixed, attached closing-down or built any fixtures and fittings, partitions, doors, gates, metal grilles, shutters sales of similar nature or any discount-type of retail business or any form of unethical business operation provided that this Clause shall not preclude genuine promotional, clearance or quarterly or semi-annual or annual seasonal sales.
(24) Not to hang any laundry, clothing or other erection articles or structure things outside the said premises or installation whatsoever whether the Building.
(25) Not without the previous written consent of a temporary the Landlord to change or permanent nature in any way alter the standard entrance doors provided by the Landlord for access to and egress from the said premises.
(26) Not to do or permit any act or thing to be done which is likely to cause any fire risk or other hazard in the said premises or the Building.
(27) Not to take delivery of furniture equipment fittings or bulky items in and out of the Building except during the normal business hours specified in the Third Schedule and only in the lift designated by the Landlord or at its management agent or the doorway Manager of the Building.
(28) Not to permit or entrance allow any food or staircase food containers to be brought onto or roof removed from the said premises.
(29) Not to permit gambling of any description whatsoever upon the said premises.
(30) Not to form or organize or attempt or make any effort to form or organize any tenant’s association or union jointly with any tenants of the Building for whatever objects or purposes during the continuance of this Agreement.
(31) Not to sell or supply any beer wine spirits liquor or alcohol in the said premises (except in small quantity for private consumption) or on any part of the Building.
(32) Not to permit any touting or to soliciting for business or the distributing of any pamphlets notice or advertising matter by the Tenant or its licensees outside the said premises or anywhere within the said building Building.
(33) Not to park in obstruct or at any otherwise use or permit to be parked in obstructed or otherwise used those areas (if any) of the fire exits therefrom Building allocated to parking the movement of or erect any such fixture access for vehicles or partition or door or gate or metal grille or shutter or alter or obstruct designated as loading/unloading areas except in accordance with the position of any smoke lobby doors or fire escape means of the said building or any other fire protection or fire fighting systems equipment or apparatus that might in any way contravene the laws, bye-laws or regulations made from time to time in force by the Landlord or its management agent and the Manager of the Fire Services Department or other competent authority concerned, nor in any other respect to contravene the sameBuilding.
(f34) Any work hereunder for which Not to carry on business under a name other than as specified in Part V of the Landlord’s written consent shall have been first had and obtained shall be carried out and completed at the Tenant’s risk solely and shall in all respects fully comply with the Buildings Ordinance and any regulations thereunder and in carrying out any approved work hereunder First Schedule. If the Tenant shall and shall cause its servantsis desirous of changing the business name, employees, agents, contractors and workmen to cooperate fully with it must first seek written approval from the Landlord and all authorised representatives, servants, employees, agents, contractors and workmen of the Landlord and with other tenants or contractors carrying out any work in the said buildingproposed new name. The TenantLandlord may give or withhold its approval at its discretion. Without prejudice to the foregoing, its servants, employees, agents, contractors and workmen shall obey and comply with all instructions and directions which may be given by the Landlord and its authorised representatives and the manager of the said building in connection with the carrying out of such work.
(g) In carrying out any work to the mechanical and electrical installations and/or wirings and/or the sprinkler systems and/or the fire protection and fire fighting systemsmay, equipment and apparatus and/or the security systems, equipment and apparatus which has been previously approved by the Landlord, the Tenant shall use only a contractor approved in writing for the purpose by the Landlord at the expense of the Tenant and in such manner as the Landlord shall in its absolute discretion think fit and the Tenant shall also be solely responsible for all electricity and other charges thereby incurred.
(h) The Tenant shall if required by the Landlord pay on demand all costs, charges and expenses (including legal costs and fees payable to architects, engineers and surveyors) which may be reasonably incurred by the Landlord in connection with any licence or consent granted application for the work approval under this Clauseprovision, require the Tenant to produce such evidence as it may think fit to show that no breach of the agreements and stipulations herein contained prohibiting the assignment, underletting, parting with possession of or transfer of the said premises or any part thereof or any interest therein has taken place or is about to take place in Clause 17 of this Section (V).
Appears in 1 contract
Sources: Tenancy Agreement (Garden Stage LTD)
RESTRICTIONS AND PROHIBITIONS. 5. The Tenant hereby agrees with the Landlord as follows:-follows:
(a) Not without the previous written consent of the Landlord to erect, install, alter, affix, attach or build or permit or suffer to be erected, installed, altered, affixed, attached or built any fixtures and fittings, partitionings, architectural features, air-conditioning units or plants, radio or television aerials or other erections or fixtures and fittings or equipment or installations of any kind in the said premises or the said building or upon the roofs or through the windows or external walls thereof or any other part or parts thereof or without the like consent to make or permit or suffer to be made installations in or alterations or additions to the sprinkler system or any other fire protection or fire fighting system, equipment or apparatus or security system, equipment or apparatus, electrical/gas wiring/piping, air-conditioning ducting, lighting, fixtures and fittings or other Landlord’s fixtures and fittings or the furnishings or installations or to install or place or permit or suffer to be installed or placed any safe, equipment, furniture, plant, object, goods, apparatus or machinery or article which may impose imposes a weight on any ay part of the flooring in excess of that for which it is designed or which requires any additional electrical/gas mains/ wiring/piping electrical main wiring or which may consume electricity/gas consumes electricity not metered through the Tenant’s 's separate meter. In the event of breach of this covenant, the Tenant shall keep the Landlord fully indemnified against all loss, damages, claims and demands as a result thereof and shall make good any damage caused thereby to that part of the said building or any fixtures and fittings therein provided that the indemnification and the making good of such damage as aforesaid shall be without prejudice to any further right competent to the Landlord by virtue of such breach. For the avoidance of doubt, the Tenant shall comply with the directions and instructions of the Landlord regarding installation of all permitted erections fixtures and fittings equipment and shall at its own expense be responsible for their periodic inspection, maintenance and repair and for the replacement of defective wiring and parts and the Tenant shall be strictly liable for any damage caused by the installation, operation, defect or removal of the same.
(b) The Landlord shall be entitled to prescribe the maximum weight and permitted location of safes and other heavy equipment or article and to require that the same shall stand on supports of such dimensions and materials to distribute the weight as the Landlord may deem necessary.
(2) Not without the previous written consent of the Landlord to erect, install, remove or alter any fixtures fittings partitioning or structure or other erection or installation in or outside the said premises or the Building or any part thereof nor without the like consent make or permit or suffer to be made any structural or non-structural alterations in or additions to the mechanical said premises or the Landlord's fixtures and fittings or any electrical wiring and installations in or any pipes drains or sewers.
(3) Not without the said building nor previous written consent of the Landlord to overload cut, maim, injure, drill into, ▇▇▇▇ or deface or permit or suffer to be overloaded cut, maimed, injured, drilled into, marked or defaced any doors, windows, walls, beams, air-conditioner ducts (if any), structural members or any part of the lifts or fabric of the said premises nor any of the electrical circuits within mechanical gas plumbing or sanitary apparatus or installation included therein.
(4) Not without the previous written consent of the Landlord to alter the existing locks, bolts and fittings on the entrance doors to the said building premises, nor to place install any additional locks, bolts or transport fittings thereon.
(5) Not to do or install permit or suffer to be done in or upon the said premises or in the common passages stairways lifts escalators lobby toilets or roof of the Building any act or thing which may be or become a nuisance or annoyance or cause damage or injury to the Landlord or its employees licensees agents or contractors or to the tenants or occupiers of other premises in the Building or in any adjoining or neighbouring building.
(6) Not to produce or do or permit or suffer to be done at any time in the said premises any act or thing or any music or noise (including but not limited to sound produced by broadcasting from television, radio or any other service or by any equipment apparatus or instrument capable of producing or reproducing receiving or recording music or sound) so as to constitute, in the opinion of the Landlord (which opinion shall be final and conclusive) a nuisance or disturbance or annoyance to or to give cause for reasonable complaint from, the occupants of any other premises in the Building or persons using or visiting the same.
(7) Not without the previous written consent of the Landlord affix or exhibit or display or paint or make any alteration or addition whatsoever or permit or suffer to be affixed or exhibited or displayed or painted outside the said premises or in at or above any common area (including but not limited to stairways, lifts, escalators, lobby, landing or corridor of the Building) any signboard, decoration flag, sign, decoration, advertising matter or other device whether illuminated or not other than in a location designated and in form previously approved by the Landlord in writing.
(8) Not to use or permit or suffer to be placed used the said premises or transported or installed or used any equipment, apparatus or machinery part thereof for any purpose other than for the Tenant's business the nature of which may exceed the loading business is set out in Part V of the lifts or First Schedule hereto and the electrical installations or Tenant shall not be entitled to change the electrical main or wiring in nature of its business carried out at the said building or which may consume electricity not metered through premises without the Tenant’s separate meterLandlord's prior written consent.
(c9) Not to make use or permit or suffer to be made any alterations to any installation or fixture so as to affect or be likely to affect the supply of water, electricity or other utility or service to or in used the said buildingpremises or any part thereof for any illegal or immoral or improper purpose.
(d10) Not to make use or permit or suffer to be made used in or upon the said premise or any external part thereof as sleeping quarters or structural alteration as domestic premises withing the meaning of any Landlord and Tenant (Consolidation) Ordinance or similar legislation for the time being in force, nor to allow any person to remain in the said premises overnight.
(11) Not to use or permit or suffer to be used in or upon the said premises for the purpose of the manufacture of goods and merchandise or as a workshop or for the storage of goods and merchandise other than stock reasonably required in connection with the Tenant's business carried on therein.
(12) Not to keep or store or permit or suffer to be kept or stored in the said premises or any part thereof any illegal drugs, pirated goods or merchandise, arms, ammunition, gun-powder, saltpetre, kerosene or other alteration explosive or combustible or dangerous or hazardous substance or goods or articles or such other substance or goods prohibited under the Dangerous Drugs Ordinance or the Dangerous Goods Ordinance.
(13) Not to encumber or obstruct or permit or suffer to be encumbered or obstructed with any boxes, merchandize, goods, chattels, rubbish, packaging or other objects or articles or obstruction of any kind or nature at any of the entrances, staircases, landings, passages, escalators, lifts, lobbies or other parts of the Building in common use and not to leave place or expose or permitted to be placed left or exposed goods or merchandise or rubbish or any other object or article or thing in any part of the Building not in the exclusive occupation of the Tenant. In addition to any other rights and remedies which the Landlord may have hereunder, the Landlord and its servants workmen contractors and management agents may without any prior notice to the Tenant remove any such obstruction and dispose of the same as the Landlord shall think fit from time to time without incurring any liability whatsoever therefor and the Tenant shall on demand pay and reimburse to the Landlord forthwith all costs and expenses incurred in such removal.
(14) Not to lay, install, affix or attach any wiring, cables or other articles or things in or upon any of the entrances, staircases, landing, passages, lobbies, transformer rooms, switch rooms or other parts of the Building in common use to the said building premises.
(15) Not to prepare or ▇▇▇▇ or permit or suffer to be prepared or cooked any food in the existing design said premises or external appearance in any party of the facade Building (except by means of the service lifts or elevations the preparation or consumption of food on the said premises other than the preparation and consumption of light meals or refreshments for consumption by the Tenant's employees or guests provided that such light meals or refreshments shall not be consumed within any retail areas of the said building premises or within sight of customers and/or the common areas public. No hot food shall be cooked or re-heated other than by an approved microwave oven. The Tenant shall ensure that all wet garbage and refuse will be disposed of by arrangement with and in containers specified by the common services management of the Building) or to cause or permit any offensive or unusual odours to be produced upon, permeate through or emanate from the said premises.
(16) Not to keep or permit or suffer to be kept any animals or pets inside the said premises, and facilities thereofto take all such steps and precautions to the satisfaction of the Landlord in order to prevent the said premises or any part thereof from becoming infested by termites, rats, mice, roaches or any other pests or vermin and for the better observance hereof the Landlord may require the Tenant to employ at the Tenant's cost such pest extermination contractors as the Landlord may nominate or approve in writing from time to time and at such intervals as the Landlord may direct. In the event of the said premises becoming so infested, the Tenant shall pay and reimburse to the Landlord forthwith the cost of extermination as arranged or approved by the Landlord and the selected extermination contractors shall be given full access to the said premises for such purpose.
(17) Not without the previous written consent of the Landlord to transfer assign underlet or otherwise part with the possession of the said premises or any part thereof or interest therein in any way whether by way of subletting lending sharing or other means whereby any organization company firm or person not a party to this Agreement obtains the use or possession of the said premises or any part thereof or interest therein irrespective of whether any rental or other consideration is given for such use or possession and in the event of any such transfer sub-letting sharing assignment or parting with the possession of the said premises (whether for monetary consideration or not) this Agreement shall at the option of the Landlord absolutely determine and the Tenant shall forthwith vacate the said premises upon notice to that effect from the Landlord. This Agreement shall be personal to the Tenant and, without in any way limiting the generality of the foregoing, the occurrence of any of the following acts and events shall, unless previously approved in writing by the Landlord, be deemed to be a breach of this Clause:
(a) In the case of a tenant which is a partnership, the taking in of one or more new partners whether on the death or liquidation or retirement of an existing partner or otherwise.
(b) In the case of a tenant who is an individual (including a sole surviving partner of a partnership tenant), the death insanity or disability of that individual to the intent that no right to use possess occupy or enjoy the said premises or any part thereof shall vest in the executors administrators personal representatives next-of-kin trustee or committee of any such individual.
(c) In the case of a tenant which is a corporation, any take-over reconstruction amalgamation merger voluntary liquidation or presentation of petition for the winding up of the corporation or entry into any composition or arrangement between the corporation and its creditors or change in the person or persons who own a majority of the voting rights or who otherwise has or have effective control of such corporation.
(d) The giving by the Tenant of a power of attorney or similar authority whereby the donee of the power of attorney obtains the right to use possess occupy or enjoy the said premises or any part thereof or interest therein or does in fact use possess occupy or enjoy the same.
(e) The change of the Tenant's business name as stated in Part V of the First Schedule without the previous written consent of the Landlord.
(18) Not to do or omit to do or permit or cause or suffer to be done any act, deed, matter or thing whatsoever which amounts to a breach of or default in any of the terms and conditions under which the Building is held from the Government and the Deed of Mutual Covenant, the Management Agreement and, if any, the Sub-Deed of Mutual Covenant, and to indemnify the Landlord in full against any such breach or default.
(19) Not to do or omit to do or permit or cause or suffer to be done any act, deed, matter or thing whatsoever whereby the policy or policies of insurance on the Building or the said premises against loss or damage by fire or other insurable perils or claims by third parties or exclusion or disclaimer of the Landlord's liabilities hereunder for the time being in force may be vitiated or rendered void or voidable or whereby the rate of premium thereon may be increased, and in the event of such occurrence, the Tenant shall indemnify and keep indemnified the Landlord and all third parties in full (without prejudice to any other rights or remedies available to the Landlord) against their loss and damage at all times including but not limited to the costs of renewal by the Landlord of insurance policy or policies and increase in insurance premium.
(20) Not to erect any aerial on the roof or walls of the Building or on the ceiling or walls of the said premises without the prior written consent of the Landlord which may be granted or withheld or granted subject Landlord.
(21) Not to conditions imposed at its absolute discretion install air-conditioning facilities and/or heating facilities without the prior written consent of the Landlord.
(22) Not to erect or install or alter or affix or attach or build suspend or permit or suffer to be erectedsuspended any excessive weight from the main structure of the said premises.
(23) Not to permit or suffer to be held upon the said premises any sale by auction, installedfire, alteredbankruptcy, affixed, attached closing-down or built any fixtures and fittings, partitions, doors, gates, metal grilles, shutters sales of similar nature or any discount-type of retail business or any form of unethical business operation provided that this Clause shall not preclude genuine promotional, clearance or quarterly or semi-annual or annual seasonal sales.
(24) Not to hang any laundry, clothing or other erection articles or structure things outside the said premises or installation whatsoever whether the Building.
(25) Not without the previous written consent of a temporary the Landlord to change or permanent nature in any way alter the standard entrance doors provided by the Landlord for access to and egress from the said premises.
(26) Not to do or permit any act or thing to be done which is likely to cause any fire risk or other hazard in the said premises or the Building.
(27) Not to take delivery of furniture equipment fittings or bulky items in and out of the Building except during the normal business hours and only in the lift designated by the Landlord or at its management agent or the doorway Manager of the Building.
(28) Not to permit or entrance allow any food or staircase food containers to be brought onto or roof removed from the said premises.
(29) Not to permit gambling of any description whatsoever upon the said premises.
(30) Not to form or organize or attempt or make any effort to form or organize any tenant's association or union jointly with any tenants of the Building for whatever objects or purposes during the continuance of this Agreement.
(31) Not to sell or supply any beer wine spirits liquor or alcohol in the said premises (except in small quantity for private consumption) or on any part of the Building.
(32) Not without the previous written consent of the Landlord to block up darken or obstruct or obscure the windows or lights belonging to the said premises.
(33) Not to permit any touting or soliciting for business or the distributing of any pamphlets notice or advertising matter by the Tenant or its licensees outside the said premises or anywhere within the said building Building.
(34) Not to park in obstruct or at any otherwise use or permit to be parked in obstructed or otherwise used those areas (if any) of the fire exits therefrom Building allocated to parking the movement of or erect any such fixture access for vehicles or partition or door or gate or metal grille or shutter or alter or obstruct designated as loading/unloading areas except in accordance with the position of any smoke lobby doors or fire escape means of the said building or any other fire protection or fire fighting systems equipment or apparatus that might in any way contravene the laws, bye-laws or regulations made from time to time in force by the Landlord or its management agent and the Manager of the Fire Services Department or other competent authority concerned, nor in any other respect to contravene the sameBuilding.
(f35) Any work hereunder for which Not to carry on business under a name other than as specified in Part V of the Landlord’s written consent shall have been first had and obtained shall be carried out and completed at the Tenant’s risk solely and shall in all respects fully comply with the Buildings Ordinance and any regulations thereunder and in carrying out any approved work hereunder First Schedule. If the Tenant shall and shall cause its servantsis desirous of changing the business name, employees, agents, contractors and workmen to cooperate fully with it must first seek written approval from the Landlord and all authorised representatives, servants, employees, agents, contractors and workmen of the Landlord and with other tenants or contractors carrying out any work in the said buildingproposed new name. The TenantLandlord may give or withhold its approval at its discretion. Without prejudice to the foregoing, its servants, employees, agents, contractors and workmen shall obey and comply with all instructions and directions which may be given by the Landlord and its authorised representatives and the manager of the said building in connection with the carrying out of such work.
(g) In carrying out any work to the mechanical and electrical installations and/or wirings and/or the sprinkler systems and/or the fire protection and fire fighting systemsmay, equipment and apparatus and/or the security systems, equipment and apparatus which has been previously approved by the Landlord, the Tenant shall use only a contractor approved in writing for the purpose by the Landlord at the expense of the Tenant and in such manner as the Landlord shall in its absolute discretion think fit and the Tenant shall also be solely responsible for all electricity and other charges thereby incurred.
(h) The Tenant shall if required by the Landlord pay on demand all costs, charges and expenses (including legal costs and fees payable to architects, engineers and surveyors) which may be reasonably incurred by the Landlord in connection with any licence or consent granted application for the work approval under this Clauseprovision, require the Tenant to produce such evidence as it may think fit to show that no breach of the agreements and stipulations herein contained prohibiting the assignment, underletting, parting with possession of or transfer of the said premises or any part thereof or any interest therein has taken place or is about to take place in Clause 17 of this Section (V).
Appears in 1 contract
Sources: Office Lease (Titanium Group LTD)
RESTRICTIONS AND PROHIBITIONS. 5. The Tenant hereby agrees with the Landlord as follows:-and undertakes: - Installation and Alterations
(a) Not without the previous written consent of the Landlord to erect, install, alter, affix, attach or build or permit or suffer to be erected, installed, altered, affixed, attached or built any fixtures and fittings, partitionings, architectural features, air-conditioning units or plants, radio or television aerials or other erections or fixtures and fittings or equipment or installations of any kind in the said premises or the said building or upon the roofs or through the windows or external walls thereof or any other part or parts thereof or without the like consent to make or permit or suffer to be made installations any alterations in or alterations or additions to the Premises or to the sprinkler system or any other fire protection or fire fighting system, equipment or apparatus or security system, equipment or apparatus, electrical/gas wiring/pipingelectrical wiring installations, air-conditioning ducting, lighting, ducting lighting fixtures and fittings or other Landlord’s 's fixtures and fittings or the furnishings or installations or to install or place or permit or suffer to be installed or placed any safe, equipment, furniture, plant, object, goods, plant apparatus or machinery which may impose a weight (other than normal office machinery) therein without first having obtained the written consent of the Landlord;
(b) Nor to place on any part of the flooring Premises any object of any kind including any safe of a weight in excess of that for which it is designed 200 lb. or which requires creating a dead load exceeding 50 lb. per square foot at a location not previously approved in writing by the Landlord. Before taking into the Premises any additional electrical/gas mains/ wiring/piping object exceeding such weight or which may consume electricity/gas not metered through the Tenant’s separate meter. In the event of breach of this covenant, dead load the Tenant shall keep apply to the Landlord fully indemnified against all loss, damages, claims for a written approval to the positioning of such abject. Thereafter the Tenant shall not move such object from the approved location without the written approval of the Landlord first having been obtained. All reasonable and demands proper fees incurred by the Landlord in the obtaining of the approval of the Landlord's architects as to the location of such object shall be borne by the Tenant and payment therefor may be imposed as a result thereof and shall make good pre-requisite to the Tenant receiving such permission;
(c) Not to install any damage caused thereby to that air-conditioning plant or equipment of any kind on/or within or at any part of the said building or any fixtures and fittings therein provided that Premises without the indemnification and the making good prior consent of such damage as aforesaid shall be without prejudice to any further right competent to the Landlord by virtue of such breach. For the avoidance of doubt, in writing AND the Tenant shall comply with the directions and instructions of the Landlord regarding installation of all permitted erections fixtures and fittings equipment and shall at its own expense be responsible for their periodic inspection, inspection maintenance and repair and for the replacement of defective or worn parts and wiring and parts and the Tenant shall be strictly strict]y liable for far any damage caused by the installation, operation, installation operation defect or removal of the same.such units;
(bd) Not to make or permit or suffer to be made any alterations in or additions to the mechanical or electrical installations in the said building Building nor to overload install or permit or suffer to be overloaded the lifts or the electrical circuits within the said building nor to place or transport or install or use or permit or suffer to be placed or transported or installed or used any equipment, apparatus or machinery which may exceed exceeds the loading of the lifts or the electrical installations in the Building nor to install or permit or suffer to be installed any equipment, apparatus or machinery which exceeds the loading of the electrical main or wiring in the said building or which may consume consumes electricity not metered through the Tenant’s 's separate meter.;
(ce) Not to make or permit or suffer to be made any alterations to any installation or fixture so as to affect or be likely to affect the supply of water, electricity or other utility or service to or in the said building.Building; Injury to Walls or Floors
(d) 5.02 Not to make cut maim or injure or permit or suffer to be made cut maimed or injured any external or doors windows window frames walls beams slabs structural alteration members raised floors or other part of the fabric of the Premises or lay or use any floor covering or do anything which may damage or penetrate the raised flooring or slab; No Alterations or Exterior
5.03 Not to affix anything or paint or make any alteration or addition whatsoever to the said building exterior of the Premises; Obstructions to Outside Windows
5.04 Not to block up, darken or obstruct or obscure any of the windows or lights belonging to the existing design Premises; Not erect gates or external appearance of the facade or elevations of the said building or the common areas or the common services and facilities thereof.grilles
(e) 5.05 Not without the prior written consent of the Landlord which may be granted or withheld or granted subject to conditions imposed at its absolute discretion to erect or install or alter or affix or attach or build or permit or suffer to be erected, installed, altered, affixed, attached or built any fixtures and fittings, partitions, doors, gates, metal grilles, shutters or any other erection or structure or installation similar installations whatsoever whether of a temporary or permanent nature in the said premises or in or at the doorway or entrance or staircase or roof in or on or to the said premises or the said building Premises or at any of the fire exits therefrom or erect any such fixture or partition or door or gate or metal grille or shutter or alter or obstruct the position of any smoke lobby doors or fire escape means of the said building or any other fire protection or fire fighting systems equipment or apparatus gate that might in any way contravene the laws, bye-laws or regulations from time to time in force of the Fire Services Department or other competent authority concerned, nor in any other respect to contravene the same.said regulations; Noise
5.06 Not to cause or produce or suffer or permit to be produced on or in the Premises any Sound or noise (f) Any work hereunder for which the Landlord’s written consent shall have been first had and obtained shall be carried out and completed at the Tenant’s risk solely and shall in all respects fully comply with the Buildings Ordinance including sound produced by broadcasting from Television, Radio and any regulations thereunder apparatus or instrument capable of producing or reproducing music and sound) or any vibration or resonance or other form of disturbance or other acts or things in carrying out or on the Premises which is or are or may be or become a nuisance or annoyance to the tenants or occupiers of adjacent or neighbouring premises within the Building or in any approved work hereunder other part of Taikoo Place or elsewhere; Signs
5.07 Not without the Tenant shall and shall cause its servants, employees, agents, contractors and workmen to cooperate fully with the Landlord and all authorised representatives, servants, employees, agents, contractors and workmen prior written approval of the Landlord and with to exhibit or display within or on the exterior of the Premises any writing sign signboard or other tenants device whether illuminated or contractors carrying out any work in the said building. The Tenant, its servants, employees, agents, contractors and workmen shall obey and comply with all instructions and directions not which may be given by visible from outside the Premises nor without the Landlord's prior written consent to affix any writing sign signboard or other device in at or above any Common Area, lobby, landings or corridors of the Building; Auction Sales
5.08 Not to conduct or permit any auction fire bankruptcy close out or similar sale of things or properties of any kind to take place on the Premises; Illegal or Immoral Use
5.09 Not to use or cause permit or suffer to be used any part of the Premises for gambling or for any illegal immoral or Improper purposes or in any way so as to cause nuisance annoyance inconvenience or damage or danger to the Landlord and its authorised representatives and or the manager tenants or occupiers of adjacent or neighbouring premises; Sleeping or Domestic Use
5.10 Not to use or permit the said building Premises or any part thereof to be used as sleeping quarters or as domestic premises within the meaning of any ordinance for the time being in connection with force or allow any person to remain on the carrying out of such work.
(g) In carrying out any work to the mechanical and electrical installations and/or wirings and/or the sprinkler systems and/or the fire protection and fire fighting systems, equipment and apparatus and/or the security systems, equipment and apparatus which has been previously approved by Premises overnight without first obtaining the Landlord, the Tenant shall use only a contractor approved 's permission in writing for the purpose by the Landlord at the expense so doing; Storage of the Tenant Merchandise and in such manner as the Landlord shall in its absolute discretion think fit and the Tenant shall also be solely responsible for all electricity and other charges thereby incurred.
(h) The Tenant shall if required by the Landlord pay on demand all costs, charges and expenses (including legal costs and fees payable to architects, engineers and surveyors) which may be reasonably incurred by the Landlord in connection with any licence or consent granted for the work under this Clause.Hazardous Goods
Appears in 1 contract
RESTRICTIONS AND PROHIBITIONS. 5. The Tenant hereby agrees covenants with the Landlord as follows:-follows:
(a) Not without the previous written consent of the Landlord to erect, install, alter, affix, attach install or build alter or permit or suffer to be erected, installedinstalled or altered any fixtures, altered, affixed, attached or built any fixtures and fittings, partitionings, architectural features, air-conditioning units or plants, radio or television aerials partitioning or other erections or fixtures and fittings installations including without limitation air conditioning unit or equipment plant or installations of any kind radio or television aerial in the said premises or the said building or upon the roofs or through the windows or external walls thereof or any other part or parts thereof or without the like consent to make or permit or suffer to be made installations in or alterations or additions to the sprinkler system or any other fire protection or fire fighting system, equipment or apparatus or security system, equipment or apparatus, electrical/gas wiring/piping, air-conditioning ducting, system, equipment or apparatus or fan coil units, lighting, fixtures and fittings or other Landlord’s fixtures and fittings or the said fixtures, fittings and furnishings or installations or to install or place or permit or suffer to be installed or placed any safe, equipment, furniture, plant, object, goods, apparatus or machinery which may impose a weight on any part of the flooring in excess of that for which it is designed or which requires any additional electrical/gas mains/ wiring/piping or which may consume electricity/gas not metered through the Tenant’s separate meterinstallations. In the event of breach of this covenant, the Tenant shall keep the Landlord fully indemnified against all loss, damages, claims and demands as a result thereof and shall make good any damage caused thereby to that part of the said building or any fixtures and fittings therein provided that the indemnification and the making good of such damage as aforesaid shall be without prejudice to any further right competent to the Landlord by virtue of such breach. For the avoidance of doubt, the Tenant shall comply with the directions and instructions of the Landlord regarding installation of all permitted erections fixtures and fittings equipment and shall at its own expense be responsible for their periodic inspection, maintenance and repair and for the replacement of defective wiring and parts and the Tenant shall be strictly liable for any damage caused by the installation, operation, defect or removal of the same.
(b) Not without the previous written consent of the Landlord to make install or permit or suffer to be made any alterations in or additions to the mechanical or electrical installations in the said building nor to overload or permit or suffer to be overloaded the lifts or the electrical circuits within the said building nor to place or transport or install or use or permit or suffer to be placed or transported or installed or used any equipment, apparatus or machinery which may exceed the loading imposes a weight on any part of the lifts flooring in excess of that for which it is designed or the electrical installations or the which requires any additional electrical main or wiring in the said building or which may consume consumes electricity not metered through the Tenant’s separate meter.
(c) Not to make or permit or suffer to be made any alterations to any installation or fixture so as to affect or be likely to affect the supply of water, electricity or other utility or service to or in the said building.
(d) Not to make or permit or suffer to be made any external or structural alteration or other alteration or addition whatsoever to the said building or to the existing design or external appearance of the facade or elevations of the said building or the common areas or the common services and facilities thereof.
(e) Not without the prior written consent of the Landlord which may be granted or withheld or granted subject to conditions imposed at its absolute discretion to erect or install or alter or affix or attach or build or permit or suffer to be erected, installed, altered, affixed, attached or built any fixtures and fittingsfixtures, partitions, doors, gates, metal grilles, shutters shop fronts or any other erection or structure or installation whatsoever whether of a temporary or permanent nature in the said premises or in or at the doorway or entrance or staircase or roof in or on or to the said premises or the said building or at any of the fire exits therefrom or erect any such fixture or partition or door or gate or metal grille or shutter or alter or obstruct the position of any smoke lobby doors or fire escape means of the said building or any other fire protection or fire fighting systems equipment or apparatus that might in any way contravene the laws, bye-laws or regulations from time to time in force of the Fire Services Department or other competent authority concerned, nor in any other respect to contravene the samesaid regulations.
(fd) Any work hereunder for which the Landlord’s written consent shall have been first had and obtained shall be carried out and completed at the Tenant’s risk solely and shall in all respects fully comply with the Buildings Ordinance (Cap.123) and any regulations thereunder and in carrying out any approved work hereunder the Tenant shall and shall cause its servants, employees, agents, contractors and workmen to cooperate co-operate fully with the Landlord and all authorised representatives, servants, employees, agents, contractors and workmen of the Landlord and with other tenants or contractors carrying out any work in the said building. The Tenant, its servants, employees, agents, contractors and workmen shall obey and comply with all instructions and directions which may be given by the Landlord and its authorised representatives and the manager of the said building in connection with the carrying out of such work.
(g2) In carrying out Not to cut, maim, injure, drill into, mark or deface or permit or suffer to be cut, maimed, injured, drilled into, marked or defaced any work to structures, walls, beams, doors, windows, slabs or other structural members or any part of the mechanical fabric of the said premises or main services or any of the plumbing or sanitary or air-conditioning or water-heating apparatus or installation included therein or the fixtures and electrical installations and/or wirings and/or fittings in the sprinkler systems and/or said premises or the fire protection and fire fighting systems, equipment and apparatus and/or the security systems, equipment and apparatus which has been previously approved by said building without the Landlord’s previous written consent. Damage to Common Parts (3) Not to damage, the Tenant shall use only a contractor approved in writing for the purpose by the Landlord at the expense injure or deface or permit or suffer to be damaged, injured or defaced any part of the Tenant and in such manner as structure, fabric or decorative features of the Landlord shall in its absolute discretion think fit Common Parts and the Tenant shall also Common Services and Facilities including any stairs, gates, fences, ▇▇▇▇▇▇, trees, plants or shrubs therein or thereabout (if any). Nuisance or Annoyance (4) Not to do or permit or suffer to be solely responsible for all electricity and other charges thereby incurred.
(h) The Tenant shall if required by the Landlord pay on demand all costs, charges and expenses (including legal costs and fees payable to architects, engineers and surveyors) done any act or thing which may be reasonably incurred or become a nuisance or annoyance to the Landlord or to the tenants or occupiers of other premises in the said building or in any adjoining or neighbouring premises or the general public which may in any way interfere with or affect or which is likely to interfere with or affect the management and the maintenance of the said Land and the said building including but not limited to the dripping of water from Tenant’s air-conditioners and it is agreed that a persistent breach by the Tenant of the terms of this Clause shall amount to a breach of this Lease justifying the Landlord in connection with any licence or consent granted for the work under this Clauseexercising its rights of re-entry hereunder.
Appears in 1 contract
RESTRICTIONS AND PROHIBITIONS. 5. The Tenant hereby agrees with the Landlord as follows:-
Not to make external alterations or additions l. NOT to: (a) Not without the previous written consent of the Landlord to erect, install, alter, affix, attach or build or permit or suffer to be erected, installed, altered, affixed, attached or built any fixtures and fittings, partitionings, architectural features, air-conditioning units or plants, radio or television aerials or other erections or fixtures and fittings or equipment or installations of any kind in the said premises or the said building or upon the roofs or through the windows or external walls thereof or any other part or parts thereof or without the like consent to make or permit or suffer to be made installations in any external or alterations structural alteration or additions to addition whatsoever which will affect the sprinkler system or any other fire protection or fire fighting system, equipment or apparatus or security system, equipment or apparatus, electrical/gas wiring/piping, air-conditioning ducting, lighting, fixtures and fittings or other Landlord’s fixtures and fittings or the furnishings or installations or to install or place or permit or suffer to be installed or placed any safe, equipment, furniture, plant, object, goods, apparatus or machinery which may impose a weight on any part structural integrity of the flooring in excess of that for which it is designed or which requires any additional electrical/gas mains/ wiring/piping Development or which may consume electricity/gas not metered through exceed the Tenant’s separate meter. In the event of breach of this covenant, the Tenant shall keep the Landlord fully indemnified against all loss, damages, claims and demands as a result thereof and shall make good any damage caused thereby to that part loading constraints of the said building structures in the Development or any fixtures and fittings therein provided that which will interfere with or affect the indemnification and the making good rights of such damage as aforesaid shall be without prejudice other Owners to any further right competent to building, or other structure erected on or in the Landlord by virtue of such breach. For the avoidance of doubt, the Tenant shall comply with the directions and instructions of the Landlord regarding installation of all permitted erections fixtures and fittings equipment and shall at its own expense be responsible for their periodic inspection, maintenance and repair and for the replacement of defective wiring and parts and the Tenant shall be strictly liable for any damage caused by the installation, operation, defect or removal of the same.
Development; (b) Not to make or permit or suffer to be made any alterations in or additions to the mechanical existing design or electrical installations external appearance of the facade (including but not limited to finishes and colour of the external wall, window and glazing, position of flue aperture, material of balcony railings, etc) or elevations of any building or other structure erected on or in the said building nor to overload Development; (c) erect or build or permit or suffer to be overloaded erected or built on the lifts Flat Roof or any part thereof of any building or other structure erected on or in the electrical circuits within the said building nor to place Development, any structure whatsoever whether of a temporary or transport or permanent nature; (d) install or use erect or permit or suffer to be placed or transported or installed or used erected any equipment, apparatus air-conditioning unit or machinery which may exceed ventilation unit or plant or any radio or television aerial or satellite dish or any sunshade or awning or cloths drying rack or religious icon or any other fixture whatsoever on or over the loading Flat Roof or any part thereof or through or over any window or through or on any external wall of the lifts or the electrical installations or the electrical main or wiring Development (except in the said building or which may consume electricity not metered through case of air-conditioning units in the Tenant’s separate meter.
apertures provided for them in the Units in the Residential Accommodation); (ce) Not to make or permit or suffer to be made any alterations to any installation or fixture so as to affect or be likely to affect the supply of water, electricity or other utility or service to the Land and the Development; (f) install or in repair electrical wiring from the said building.
(d) Not switch rooms to make any part or permit or suffer to be made any external or structural alteration or other alteration or addition whatsoever to the said building or to the existing design or external appearance parts of the facade Development and such works shall be carried out by the Manager or elevations any contractor appointed by the Manager at the expense of the said building Owner or Owners and in such manner as the common areas or the common services and facilities thereof.
(e) Not without the prior written consent of the Landlord which may be granted or withheld or granted subject to conditions imposed at Manager shall in its absolute discretion to erect or install or alter or think fit; (g) erect, affix or attach place or build cause or permit or suffer to be erected, installed, altered, affixed, attached affixed or built placed any fixtures and fittings, partitions, doors, gates, metal grilles, shutters sign or any other erection or structure or installation whatsoever whether of a permanent or temporary nature on the Flat Roof or permanent nature any part thereof without the prior written consent of the Manager and the Manager shall have the right to enter to remove anything erected or affixed or placed thereon in the said premises or in or contravention of this provision at the doorway cost and expenses of the Owner who erected or entrance affixed or staircase placed the same or roof permitted or suffered the erection or affixing or placing of the same; (h) do any works or any changes to the Residential Unit which includes the Balcony and/or Utility Platform so as to enclose the Balcony or Utility Platform of such Residential Unit as approved and built under the Approved Plans; (i) cause, permit, suffer or allow any Balcony or Utility Platform and the covered areas beneath them forming part of a Unit to be enclosed above safe parapet height by any material of whatsoever kind or nature other than as under the Approved Plans and in particular no fences, awnings, grilles or any structures or things shall be installed, exhibited, affixed, erected or attached on or to the said premises or the said building or at any of the fire exits therefrom Balcony or erect Utility Platform and to keep and maintain any such fixture Balcony or partition or door or gate or metal grille or shutter or alter or obstruct Utility Platform forming part of a Unit in the position of any smoke lobby doors or fire escape means design and layout as approved under the Approved Plans and in good and substantial repair and condition at the expenses of the said building Owner of the Unit; (j) alter the design and location of the Balcony or any other fire protection or fire fighting systems equipment or apparatus that might Utility Platform as approved and built under the Approved Plans in any way contravene way; (k) use the lawsBalcony and/or the Utility Platform in contravention of the Occupation Permit and such other ordinances, bye-laws or and Government regulations from time to time in force of the Fire Services Department HKSAR; (l) erect or permit or suffer to be erected any radio, television or telecommunications aerial or advertising sign or store or permit or suffer to be stored any utensils or other competent authority concerned, nor in any other respect to contravene articles upon the same.
(f) Any work hereunder for which the Landlord’s written consent shall have been first had and obtained shall be carried out and completed at the Tenant’s risk solely and shall in all respects fully comply with the Buildings Ordinance and any regulations thereunder and in carrying out any approved work hereunder the Tenant shall and shall cause its servants, employees, agents, contractors and workmen to cooperate fully with the Landlord and all authorised representatives, servants, employees, agents, contractors and workmen of the Landlord and with other tenants or contractors carrying out any work in the said building. The Tenant, its servants, employees, agents, contractors and workmen shall obey and comply with all instructions and directions which may be given by the Landlord and its authorised representatives and the manager of the said building in connection with the carrying out of such work.
(g) In carrying out any work to the mechanical and electrical installations and/or wirings Balcony and/or the sprinkler systems and/or Utility Platform; (m) use the fire protection and fire fighting systems, equipment and apparatus and/or the security systems, equipment and apparatus which has been previously approved by the Landlord, the Tenant shall use only a contractor approved in writing Sky Garden for any purpose except for the purpose by the Landlord at the expense of providing natural ventilation, greenery and recreational garden space for common use and benefit of the Tenant Owners, Occupiers of the Residential Units and their bona fide visitors; and (n) keep hang or exhibit or permit or suffer to be kept hung or exhibited any washing cloth, clothing or any unsightly objects in such manner as the Landlord shall in its absolute discretion think fit and the Tenant shall also be solely responsible for all electricity and other charges thereby incurredBalcony.
(h) The Tenant shall if required by the Landlord pay on demand all costs, charges and expenses (including legal costs and fees payable to architects, engineers and surveyors) which may be reasonably incurred by the Landlord in connection with any licence or consent granted for the work under this Clause.
Appears in 1 contract
Sources: Deed of Mutual Covenant
RESTRICTIONS AND PROHIBITIONS. 5. The Tenant hereby agrees with the Landlord as follows:-follows:
(a) Not without the previous written consent of the Landlord to erect, install, alter, affix, attach or build or permit or suffer to be erected, installed, altered, affixed, attached or built any fixtures and fittings, partitionings, architectural features, air-conditioning units or plants, radio or television aerials or other erections or fixtures and fittings or equipment or installations of any kind in the said premises or the said building or upon the roofs or through the windows or external walls thereof or any other part or parts thereof or without the like consent to make or permit or suffer to be made installations in or alterations or additions to the sprinkler system or any other fire protection or fire fighting system, equipment or apparatus or security system, equipment or apparatus, electrical/gas wiring/piping, air-conditioning ducting, lighting, fixtures and fittings or other Landlord’s fixtures and fittings or the furnishings or installations or to install or place use or permit or suffer to be installed or placed in the said premises any safe, equipment, furnitureapparatus, plant, object, goods, apparatus machinery or machinery object which may impose imposes a weight on or any part of the flooring in excess of that for which it is designed or which requires any additional electrical/gas mains/ wiring/piping electrical main wiring or which may consume electricity/gas consumes electricity not metered through the Tenant’s 's separate meter.
(b) The Landlord shall be entitled to prescribe the maximum weight and permitted location of safes and other heavy equipment and to require that the same stand on supports of such dimensions and material to distribute the weight as the Landlord may deem necessary. In All reasonable and proper fees incurred by the event Landlord in obtaining the approval of breach its architects to the location of this covenant, heavy objects shall be borne by the Tenant shall keep and payment therefor may be imposed as a pre-requisite to the Tenant receiving such consent.
(a) Not without the previous written consent of the Landlord fully indemnified against all lossto erect, damagesinstall, claims and demands as a result thereof and shall make good remove or alter any damage caused thereby to that part of fixtures, partitioning or other erection or installation in the said building premises or any fixtures and fittings therein provided that part thereof or without the indemnification and the making good of such damage as aforesaid shall like consent to make or permit or suffer to be without prejudice to any further right competent made alterations in or additions to the Landlord by virtue electrical wiring and installations air-conditioning plant or equipment of such breach. For the avoidance of doubt, any kind or ducting (if any) and lighting fixtures or any part thereof or other Landlord's fixtures AND the Tenant shall comply with the directions and instructions of the Landlord regarding installation of all permitted erections fixtures and fittings equipment and shall at its own expense be responsible for their periodic inspection, inspection maintenance and repair and for the replacement of defective wiring and parts and the Tenant shall be strictly liable for any damage caused by the installation, operation, installation operation defect or removal of such units.
(b) In carrying out any approved work mentioned anywhere in this Agreement, the sameTenant shall and shall cause its servants, agents, contractors and workmen to co-operate fully with the Landlord and all servants, agents, contractors and workmen of the Landlord and with other tenants or contractors carrying out any work in the Building. The Tenant, its servants, agents and the contractors and workmen shall obey and comply with all instructions and directions which may be given by the Landlord's Architect, Project Manager or other authorised representative in connection with carrying out of such work.
(c) Any fees or expenses incurred by the Landlord in connection with the giving of consents hereunder shall be borne by the Tenant.
(d) In carrying out any approved work to the air-conditioning, electrical installations and/or wiring and plumbing installation, the Tenant shall use only an authorised contractor or contractors for such purpose.
(a) Not to install any air-conditioning plant or equipment of any kind on or within or at any part of the said premises without the prior consent of the Landlord in writing AND the Tenant shall comply with the directions and instructions of the Landlord regarding installation and shall at its own expense be responsible for their periodic inspection maintenance and repair and for the replacement of defective wiring and the Tenant shall be strictly liable for any damage caused by the installation operation defect or removal of such units.
(b) Not to make or permit or suffer to be made any alterations in or additions to the mechanical or electrical installations in the said building Building nor to overload install or permit or suffer to be overloaded the lifts or the electrical circuits within the said building nor to place or transport or install or use or permit or suffer to be placed or transported or installed or used any equipment, apparatus or machinery which may exceed exceeds the loading of the lifts or the electrical installations or the electrical main or wiring in the said building or which may consume electricity not metered through the Tenant’s separate meterBuilding.
(c4) Not without the previous written consent of the Landlord to make cut, maim, injure, drill into, mark or deface or permit or suffer to be made cut, maimed, injured, drilled into, marked or defaced any alterations to doors, windows, walls, beams, air-conditioner ducts (if any), structural members or any installation or fixture so as to affect or be likely to affect part of the supply fabric of water, electricity or other utility or service to or in the said buildingpremises nor any of the plumbing or sanitary apparatus or installation included therein.
(d5) Not without the previous written consent of the Landlord to alter the existing locks, bolts and fittings on the entrance doors to the said premises, not to install any additional locks, bolts or fittings thereon.
(6) Not to make do or permit or suffer to be made done any external act or structural alteration thing which may be or become a nuisance or annoyance to the Landlord or to the tenants or occupiers of other premises in the Building or in any adjoining or neighbouring building.
(7) Not to produce or suffer or permit to be produced at any time in the said premises any music or noise (including sound produced by broadcasting from television, radio or any other service or by an equipment or instrument capable of producing or reproducing music or sound) so as to constitute, in the opinion of the Landlord (which opinion shall be conclusive) a nuisance or to give cause for reasonable complaint from the occupants of any other units in the Building or persons using or visiting the same. In the event of the Tenant's permitted business use of the said premises as defined in Part V of the First Schedule hereto requiring any sound or noise to be produced or reproduced within the said premises or any part thereof to install and maintain to the satisfaction of the Landlord appropriate and adequate sound absorbing and insulating material so as to prevent such sound or noise from escaping from the said premises and from becoming a nuisance or annoyance to other tenants or occupiers of the Building or any part thereof or any adjoining or adjacent premises.
(8) Save as permitted pursuant to Clause 35 in Section (III) hereto not to exhibit or affix or display or permit or suffer to be exhibited affixed or displayed outside the said premises any signboard, sign, decoration, advertising matter or other alteration device whether illuminated or not except with the prior written approval from the Landlord. Provided always that the Tenant shall be entitled to have its name and business displayed in lettering and/or characters to a design and standard of workmanship approved by the Landlord (which approval shall not be unreasonably withheld) on a signboard upon the front of the said premises. If the Tenant carries on business under a name other than its own name it shall be entitled to have that name displayed aforesaid but the Tenant shall not be entitled to change the business name without the previous written consent of the Landlord and without prejudice to the foregoing the Landlord may in connection with any application for consent under this clause require the Tenant to produce such evidence as it shall think fit to show that no breach of Clause 19 hereof has taken place or is about to take place.
(9) Not to use or permit or suffer the said premises or any part thereof to be used for any purpose other than for the Tenant's business the nature of which business is set out in Part V of the First Schedule hereto and the Tenant shall not be entitled to change the nature of its business carried out at the said premises or any part thereof without the Landlord's prior written consent.
(10) Not to use or permit or suffer the said premises or any part thereof to be used for any illegal, improper or immoral purposes.
(11) Not to use or permit or suffer the said premises or any part thereof to be used as sleeping quarters or as domestic premises within the meaning of any Landlord and Tenant (Consolidation) Ordinance or similar legislation for the time being in force, nor to allow any person to remain in the said premises overnight.
(12) Not to use or permit or suffer the said premises to be used for the purpose of the manufacture of goods and merchandise or as a workshop or for the storage of goods and merchandise other than stock reasonably required in connection with the Tenant's business carried on therein.
(13) Not to keep or store or permit or suffer to be kept or stored in the said premises any extra hazardous or dangerous goods within the meaning of the Dangerous Drugs Ordinance and the Dangerous Goods Ordinance and the regulations thereunder or any Statutory modification or re-enactment thereof including but not limited to illegal drugs, arms, ammunition, gun-powder, saltpeter, kerosene or other explosive or unlawful, offensive combustible, inflammable, radioactive substance or hazardous goods.
(14) Not to encumber or obstruct or permit or suffer to be encumbered or obstructed with any boxes, merchandise, display, chattels, standing signs, rubbish, packaging or other obstruction of any kind or nature at any of the common areas of the Building or any area not in the exclusive occupation of the Tenant. In addition to any other rights and remedies which the Landlord may have hereunder, the Landlord and its servants, workmen, contractors and management agents may without any prior notice to the Tenant remove any such obstruction and dispose of the same as the Landlord may think fit from time to time without incurring any liability whatsoever therefor and the Tenant shall on demand pay and reimburse to the Landlord forthwith all costs and expenses incurred in such removal.
(15) Not without prior written consent of the Landlord to lay, install, affix or attach any wiring, cables or other article or thing in or upon any of the entrances, staircases, landings, passages, lobbies, transformer rooms, switch rooms or other parts of the Building in common use.
(16) Not to prepare or permit or suffer to be prepared any food in the said premises or to cause or permit any offensive or unusual odours to be produced upon, permeate through or emanate from the said premises.
(17) Not to permit or allow any food stuffs or food containers to be brought onto or removed from the said premises except by way or service entrances service exits and (if any) service _________ otherwise as may be directed by the Landlord from time to time.
(18) Not to keep or permit or suffer to be kept any animals pets or livestock inside the _______ premises and to take all such steps and precautions to the satisfaction of the Landlord to prevent the said premises or any part thereof from becoming infested by termites, rates, mice, roaches or any other pests or vermin and for the better observance hereof the Landlord may require the Tenant at the Tenant's cost to employ such pest extermination contractors as the Landlord may nominate and at such intervals as the Landlord may direct. In the event of the said premises becoming so infested, the Tenant shall pay and reimburse to the Landlord forthwith the cost of extermination as arranged by the Landlord and the selected extermination contractors shall be given full access to the said building or to the existing design or external appearance premises for such purposes.
(19) Not without previous written consent of the facade Landlord to assign underlet or elevations otherwise part with the possession of the said building premises or any part thereof in any way whether by way of subletting lending sharing or other means whereby any person or persons not a party to this Agreement obtains the common areas use or possession of the common services said premises or any part thereof irrespective of whether any rental or other consideration is given for such use or possession and facilities in the event of any such transfer sub-letting sharing assignment or parting with the possession of the said premises (whether for monetary consideration or not) this Agreement shall at the option of the Landlord absolutely determine and the Tenant shall forthwith vacate the said premises on notice to that effect from the Landlord. The Tenancy shall be personal to the Tenant and without in any way limiting the generality of the foregoing the following acts and events shall unless approved in writing by the Landlord be deemed to be breaches of this clause.
(a) In the case of a tenant which is a partnership the taking in of one or more new partners whether on the death or retirement of an existing partner or otherwise.
(b) In the case of a tenant who is an individual (including a sole surviving partner of a partnership tenant) the death insanity or disability of that individual to the intent that the right to use possess occupy or enjoy the said premises or any part thereof shall vest in the executors administrators personal representatives next of kin trustee or committee of any such individual.
(c) In the case of a tenant which is a corporation any take-over reconstruction amalgamation merger voluntary liquidation or presentation of petition for the winding up of the corporation or change in the person or persons who owns or own a majority of its voting shares or who otherwise has or have effective control thereof.
(d) The giving by the Tenant of a Power of Attorney or similar authority whereby the donee of the Power obtains the right to use possess occupy or enjoy the said premises or any part thereof or does in fact use possess occupy or enjoy the same.
(e) The change of the Tenant's business name without the previous written consent of the Landlord which consent the Landlord may give or withhold at its discretion.
(20) Not to cause, suffer or permit any contravention of the negative or restrictive provisions of the Government Lease or Conditions of Grant under which the Landlord holds the said premises or any Deed of Mutual Covenant or any Sub-Deed of Mutual Covenant affecting the Building and to indemnify the Landlord against any such breach.
(21) Not to do or permit or suffer to be done any act, deed, matter or thing whatsoever whereby the insurance on the Building against loss or damage by fire and/or other insurable perils and/or claims by third parties for the time being in force may be rendered void or voidable or whereby the premium thereon may be increased provided that if as the result of any act, deed, matter or thing done, permitted or suffered by the Tenant, the premium on any such policy of insurance shall be increased, the Landlord shall be entitled without prejudice to any other remedy hereunder to recover from the Tenant the amount of any such increase.
(22) Not to erect any serial on the roof or walls of the Building or on the ceiling or walls of the said premises without the prior written consent of the Landlord.
(23) Not to install air-conditioning facilities and/or heating facilities without the prior written consent of the Landlord which may provided that such consent shall not be granted or withheld or granted subject unreasonably withheld.
(24) Not to conditions imposed at its absolute discretion to erect or install or alter or affix or attach or build suspend or permit or suffer to be erectedsuspended any excessive weight from the main structure of the said premises.
(25) Not to permit or suffer to be held upon the said premises any sale by auction, installedfire, alteredbankruptcy, affixed, attached closing-down or built any fixtures and fittings, partitions, doors, gates, metal grilles, shutters sales or similar nature or any other erection discount-type of retail business or any form of unethical business operation. Provided that this clause shall not preclude genuine promotional, clearance or periodic seasonal sales.
(26) Not to do or permit or suffer to be done anything which may cause damage of any kind to any part of the main structure or installation main services, equipment or apparatus of the Building or make any alteration to the exterior of the said premises.
(27) Not to hang any laundry, clothing or other articles or things outside the said premises or the Building.
(28) Not to tout or solicit or procure or permit any touting or soliciting for business or the distribution of any pamphlets, notices or advertising matter outside the said premises or anywhere within the Building by any of the Tenant's licensees.
(29) Not to park in, obstruct or otherwise use nor permit to be parked in obstructed or otherwise used by any licensee of the Tenant those areas of the Building allocated to parking the movement of or access for vehicles or designated as loading/unloading areas other than in accordance with the Regulations made from time to time by the Landlord or its management agent and the Manager of the Building.
(30) Not to place, expose or leave or permit to be placed, exposed or left for display, sale or otherwise any goods or merchandise whatsoever whether of a temporary upon or permanent nature in over the ground outside the said premises.
(31) Not to place, expose or leave or permit to be placed, exposed or left any free standing signs upon or over the ground outside the said premises or in or at the doorway or entrance or staircase or roof in or on or to the said premises or the said building or at any of the fire exits therefrom staircases, passages or erect any such fixture or partition or door or gate or metal grille or shutter or alter or obstruct the position of any smoke lobby doors or fire escape means landings of the said building Building used in common with other Tenants or any other fire protection or fire fighting systems equipment or apparatus that might in any way contravene the laws, bye-laws or regulations from time to time in force of the Fire Services Department or other competent authority concerned, nor in any other respect to contravene the sameLandlord.
(f32) Any work hereunder for which Not without the Landlord’s previous written consent shall have been first had and obtained shall be carried out and completed at the Tenant’s risk solely and shall in all respects fully comply with the Buildings Ordinance and any regulations thereunder and in carrying out any approved work hereunder the Tenant shall and shall cause its servants, employees, agents, contractors and workmen to cooperate fully with the Landlord and all authorised representatives, servants, employees, agents, contractors and workmen of the Landlord and with other tenants to name or contractors carrying out any work include in the said building. The Tenant, its servants, employees, agents, contractors and workmen shall obey and comply with all instructions and directions which may be given by the Landlord and its authorised representatives and the manager name of the said building in connection with the carrying out of such work.
(g) In carrying out any work to the mechanical and electrical installations and/or wirings and/or the sprinkler systems and/or the fire protection and fire fighting systems, equipment and apparatus and/or the security systems, equipment and apparatus which has been previously approved by the Landlord, the Tenant shall use only a contractor approved in writing for the purpose by the Landlord at the expense of the Tenant and in such manner as the Landlord shall in its absolute discretion think fit and the Tenant shall also be solely responsible for all electricity and other charges thereby incurred.
(h) The Tenant shall if required by the Landlord pay on demand all costs, charges and expenses (including legal costs and fees payable to architects, engineers and surveyors) which may be reasonably incurred by the Landlord in connection with any licence business or consent granted for the work under this Clause.company operate
Appears in 1 contract