Common use of Underlettings Clause in Contracts

Underlettings. 13.3.1 The Tenant shall not underlet or agree to underlet any part of the Premises (as opposed to the whole) other than a Permitted Part. 13.3.2 The Tenant may underlet a Permitted Part, provided any such underlease is in accordance with the remainder of clause 13.3 and with clause 13.4. 13.3.3 The Tenant shall not underlet the whole of the Premises, except in accordance with the remainder of clause 13.3 and with clause 13.4 and then only with the consent of the Landlord, such consent not to be unreasonably withheld or delayed. 13.3.4 The Tenant shall not underlet the Premises or a Permitted Part without first obtaining from the undertenant a covenant by the undertenant with the Landlord to comply with the obligations on the undertenant in the underlease (and any document which is supplemental or collateral to the underlease) throughout the term of the underlease or until the undertenant is released by virtue of the Landlord and Tenant (Covenants) A▇▇ ▇▇▇▇, if sooner. 13.3.5 Any underlease shall be granted at a rent which is not less than the then full open market rental value of the Premises or in respect of an underletting of a Permitted Part the then full open market rental value of that part (but this will not prevent an underlease providing for a rent-free period of a length as is then usual in the open market in respect of such a letting), and without a fine or premium and with the underlease rent payable not more than one quarter in advance. 13.3.6 The Tenant shall not grant an underlease unless: (a) before the earlier of the undertenant entering into the underlease and the undertenant becoming contractually bound to do so, the Tenant has served a notice on the undertenant and the undertenant (or a person duly authorised by the undertenant) has made a statutory declaration, such notice and statutory declaration to relate to the tenancy to be created by the underlease and to comply with section 38A of the Landlord and T▇▇▇▇▇ ▇▇▇ ▇▇▇▇ and the relevant schedules of the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003; and (b) the Tenant has supplied the Landlord with a certified copy of the notice and statutory declaration referred to in clause (a). 13.3.7 The Tenant shall not grant any underlease for a term which will expire by effluxion of time later than three clear days before the date the contractual term granted by this Lease will expire by effluxion of time. 13.3.8 The Tenant shall not enter into any collateral deed nor give any side letter varying or relieving the undertenant from any terms required by clause 13.3 or clause 13.4 to be contained in the underlease. 13.3.9 The Tenant shall not grant any underlease which would create more than two underlettings of the Premises at any one time. 13.3.10 The Tenant shall not underlet the premises for a term capable of lasting beyond the Termination Date (as defined in clause 22).

Underlettings. 13.3.1 14.3.1 The Tenant shall not underlet or agree to underlet any part of the Premises (as opposed to distinct from the whole) other than a Permitted Part). 13.3.2 The Tenant may underlet a Permitted Part, provided any such underlease is in accordance with the remainder of clause 13.3 and with clause 13.4. 13.3.3 14.3.2 The Tenant shall not underlet the whole of the Premises, except in accordance with the remainder of this clause 13.3 14.3 and with clause 13.4 14.4 (Terms to be contained in any underlease) and then only with the consent of the Landlord, such consent not to be unreasonably withheld or delayed. 13.3.4 14.3.3 The Tenant shall not underlet the Premises or a Permitted Part without first obtaining from the undertenant a covenant by the undertenant with the Landlord Landlord: (a) to comply with the terms of this Lease on the part of the tenant, other than as to the payment of any Rent or other sums reserved as rent by this Lease; and (b) to comply with the obligations on the undertenant in the underlease (and any document which is supplemental or collateral to the underlease) throughout the term of the underlease or until the undertenant is released by virtue of the Landlord and Tenant (Covenants) A▇▇▇ ▇▇▇▇, if sooner. 13.3.5 14.3.4 Any underlease shall be granted at a rent which is not less than the then full open market rental value of the Premises or in respect of an underletting of a Permitted Part the then full open market rental value of that part (but this will not prevent an underlease providing for a rent-free period of a length as is then usual in the open market in respect of such a letting), and without a fine or premium and with the underlease rent payable not more than one quarter in advance. 13.3.6 The 14.3.5 Tenant shall not grant an underlease unless: (auntil the Landlord has given its approval of an order of a court of competent jurisdiction made under section 38(4) before the earlier of the undertenant entering into the underlease and the undertenant becoming contractually bound to do so, the Tenant has served a notice on the undertenant and the undertenant (or a person duly authorised by the undertenant) has made a statutory declaration, such notice and statutory declaration to relate to the tenancy to be created by the underlease and to comply with section 38A of the Landlord and T▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ and authorizing an agreement excluding sections 24 to 28 (inclusive) from the relevant schedules of tenancy to be created by the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003; and (b) the underlease. The Tenant has supplied shall supply the Landlord with a certified copy of the notice and statutory declaration referred to in clause order (a). 13.3.7 The Tenant shall not grant any underlease for with the form of underlease) certified by solicitors as a term which will expire by effluxion of time later than three clear days before the date the contractual term granted by this Lease will expire by effluxion of time. 13.3.8 The Tenant shall not enter into any collateral deed nor give any side letter varying or relieving the undertenant from any terms required by clause 13.3 or clause 13.4 to be contained in the underlease. 13.3.9 The Tenant shall not grant any underlease which would create more than two underlettings true copy of the Premises at any one timeoriginal for this purpose. 13.3.10 The Tenant shall not underlet the premises for a term capable of lasting beyond the Termination Date (as defined in clause 22).