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Exhibit 10.16
DATED DECEMBER, 1997
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▇▇▇▇▇-▇▇▇▇▇▇ CONSERVATION LIMITED
to
ANTHRA PHARMACEUTICALS LIMITED
Counterpart/
UNDERLEASE
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of
Suite B Second Floor Premises known as
The ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇,
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.
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Nightingales,
▇▇ ▇▇. ▇▇▇▇ ▇▇▇▇▇▇,
▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇.
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THIS UNDERLEASE made the ____ day of December 1997 BETWEEN ▇▇▇▇▇-▇▇▇▇▇▇
CONSERVATION LIMITED (hereinafter called "the Landlord") whose Registered Office
is at ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ and ANTHRA
PHARMACEUTICALS LIMITED (hereinafter called "the Tenant") of The Malthouse,
▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇.
WITNESSETH as follows:-
1. IN these presents except as otherwise provided or where the context
requires:-
"the Landlord" includes the reversioner for the time being immediately
expectant on the determination on the term created;
"the Tenant" includes the successors in title of the Tenant and where
more than one person is party hereto as tenant includes
all or other or any of such persons and their liability
in respect of the obligations on the part of the Tenant
contained or implied herein shall be joint and several;
"the Head Lease" means a Lease dated 29th September 1988 made between
▇▇▇▇▇ & Co. Builders (▇▇▇▇▇▇▇ ▇▇▇▇) Limited and
▇▇▇▇▇-▇▇▇▇▇▇ Conservation Limited;
"the Term" means the term of three years commencing on the date
hereof;
"the Service Charge" means the service charge payable by the Landlord
pursuant to the terms of the Head Lease;
"Schedule of Condition" means the state and condition of the Demised Premises
contained in the Schedule of Photographs dated 28th
November 1997 and set out in the Fifth Schedule.
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2.1. In consideration of the rents and the Tenant's covenants hereinafter
reserved and contained the Landlord HEREBY DEMISES unto the Tenant ALL THOSE the
premises more particularly described in the First Schedule hereto (hereinafter
called "the Demised Premises") forming part of the second floor of the building
known as The Malt House Church Square Princes Risborough Buckinghamshire and
comprised in the Head Lease (shown edged green on the plan attached thereto and
hereinafter referred to as "the Landlord's Premises") TOGETHER WITH the
Landlord's fixtures and fittings in and about the Demised Promises TOGETHER WITH
the rights set out in the Second Schedule hereto but not including any right or
easement unless the same be expressly herein referred to AND EXCEPT AND RESERVED
as stated in the Third Schedule hereto TO HOLD the same unto the Tenant from the
date hereof for the Term YIELDING AND PAYING to the Landlord therefor Firstly
the yearly rent of Seventeen thousand nine hundred and eighty-five pounds
((pound)17,985.00) such rent to be paid by equal quarterly payments in advance
(whether demanded or not) the first of such payments (or a proportionate part
thereof) for the period from the date of commencement of the said Term to the
[ ] next following having been made prior to the execution hereof and
thereafter on the [ ] in each year and Secondly as additional rent a service
charge in respect of the Demised Premises equivalent to 67% of the Service
Charge SUBJECT TO the covenants restrictions, conditions, stipulations and
matters referred to in the Head Lease and all covenants restrictions,
conditions, stipulations and matters (if any) affecting the freehold and to all
rights and easements or reputed easements appertaining to any of the
neighbouring property or which may be necessary or convenient for the enjoyment
thereof.
3. THE Tenant HEREBY COVENANTS with the Landlord as follows:-
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3.1. To pay the rents reserved at the times and in the reader aforesaid
without any deduction, counterclaim or abatement and without exercising any
right of set off whatsoever together with Value Added Tax where appropriate.
3.2. To pay a sum equal to 67% of all existing and future rates, taxes and
other outgoings whatsoever payable in respect of the Landlord's Premises or the
ownership or occupation thereof as rent together with Value Added Tax where
appropriate.
3.2.1. to pay to the relevant suppliers all charges for
electricity, gas, telephone water and other services
supplied to the Demised Premises;
3.2.2. to pay to the Landlord on demand 67% of the cost of all
charges for electricity, gas, water and other services
(if any) billed to the Landlord in respect of the
Landlord's Premises and not under clause 3.3.1 hereof or
under the terms of the Lease of Suite A of the
Landlord's Premises.
3.4. At all times during the said Term to maintain the interior of the
Demised Premises and every part thereof and the decoration thereof and all
additions thereto and the Landlord's fixtures and fittings therein including
(but without prejudice to the generality of the foregoing) all windows, window
frames, doors, door frames, door furniture, plate glass and the sanitary and
water apparatus therein and the pipes, wires, ducts, fittings and cables
connected with or relating to the service of gas, electricity or any other
service in the Demised Premises and outside the Demised Premises so far as the
said pipes, wires, ducts, cables and fittings serve only the Demised Premises in
the state and condition they were in at the commencement of the Term as
evidenced by the Schedule of Condition annexed.
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3.5. Not to pull down, cut, alter or injure any of the main walls,
foundations, footing lintels or external appearance or floor or ceilings of the
Demised Premises or make any additions thereto or suffer any waste, spoil or
destruction in or upon the Demised Premises and not to alter or in any matter
interfere with the internal arrangement or construction of the Demised Premises
PROVIDED THAT the Tenant shall be entitled to place in the Demised Premises
non-structural demountable partitioning and at the expense of the Tenant to
remove any erections, additions or alterations that are so made and in all such
cases the Tenant will at his own expense make good all damage caused by such
removal, demolition or other work and restore all parts of the Demised Premises
affected thereby to a state of good repair and condition.
3.6. Not to do anything which may in any manner weaken the structure of
the Demised Premises or which may depreciate the letting value of the Demised
Premises or at any time block up, darken, obstruct or obscure any external
doorway, passage, windows, light grating or opening belonging to the Demised
Premises or permit any new window, light opening or other encroachment or
easement to be made into against or upon the Demised Premises or anything which
may be or grow to the damage, annoyance or inconvenience to the Landlord or
adjoining occupier of premises and at the request of the Landlord to adopt such
means as may in the opinion of the Landlord be expedient for preventing any such
encroachment or the acquisition of any such easement on or over the Demised
Premises.
3.7. At all times to keep in the Demised Premises in a prominent and
easily accessible place or places and at a height convenient for ease of
handling fire extinguishers of a type or types and in quantity to satisfy the
recommendations of the Chief Fire Offices of the local authority and throughout
the Term to maintain such fire extinguishers in good order and to have the same
tested as often as may
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be necessary by fire engineers and also refilled as often as may be necessary
and to forward to the Landlord when required so to do a certificate to be issued
by such fire engineers of the testing of each extinguisher.
3.8. To permit the Landlord and its agent with or without workmen and
others in the daytime and upon reasonable previous written notice to enter upon
and view the condition and state of repair of the Demised Premises and thereupon
the Landlord may serve upon the Tenant notice in writing specifying any repairs
and works necessary to be done and for which the Tenant is liable and require
the Tenant within two calendar months or sooner if requisite to execute the same
and if the Tenant shall not within four weeks after service of such notice
proceed diligently with the execution of such repairs and complete the same
within two calendar months from the date of such notice or sooner if requisite
then to permit the Landlord to its agents to enter the Demised Premises and
execute such repairs and works and the cost thereof shall be a debt due from the
Tenant to the Landlord as rent and be forthwith recoverable by action.
3.9. To permit the Landlord or its agents or workmen and also the tenants
and occupiers of any adjoining or neighbouring promises at any time during the
said Term at reasonable hours in the daytime upon reasonable notice to enter
upon the Demised Premises for the purpose of executing works to or upon such
adjoining premises subject to the said tenants and occupiers making good at
their own expense any damage caused by them to the Demised Premises.
3.10. Not to:-
3.10.1. assign, charge, underlet or part with or share
possession or create any third-party interests
whatsoever of part only of the Demised Premises.
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3.10.2. not to assign or underlet the whole of the Demised
Premises without the consent in writing of the Landlord
such consent not to be unreasonably withheld but so that
it is hereby agreed for the purposes of Section 19 (1a)
of the Landlord and ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ that if the Landlord
consents to an assignment of the Demised Premises such
consent may be given subject to the condition that the
Tenant will enter into an authorised Guarantee Agreement
within the meaning of the Landlord & Tenant (Covenants)
▇▇▇ ▇▇▇▇ in the form annexed in the Fourth schedule
PROVIDED however that should the Tenant desire to
assign, demise, underlet or otherwise part with
possession as aforesaid he shall also before so doing
and before giving possession to the intended assignee or
underlessee execute and deliver to the Landlord a deed
to be prepared by the solicitor of the Landlord at the
cost of the Tenant containing a covenant by the intended
assignee or underlessee directly with the Landlord to
perform and observe during the term assigned or granted
to the assignee or underlessee the covenants (including
this present covenant) by the Tenant and conditions
contained in this Lease (and in the case of an
assignment to pay the rents hereby reserved) in the same
manner as if such covenants and conditions were repeated
in extenso in such deed with the substitution of the
name of the
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intended assignee or underlessee for the name of the
Tenant and with such other alterations as the deaths of
the parties or as other circumstances shall render
necessary.
3.10.3. Provided further that if such intended assignee as
aforesaid shall be a limited liability company then upon
the Landlord's demand in that behalf at least two (or
more if the Landlord so requires) of its directors of
satisfactory standing shall join in such deed as
sureties for such company in order jointly and severally
to covenant with the Landlord as sureties that such
company will pay the said rents and perform and observe
the said covenants and to indemnify and save harmless
the Landlord against all loss, damage, costs and
expenses arising by reason of any default by the company
and such covenant shall further provide in the usual
form that any neglect or forbearance of the Landlord
shall not release or exonerate the sureties and shall
further provide for the sureties to accept a new Lease
of the demised premises upon disclaimer of these
presents by the company or on its behalf if so required
by the lessor within three months of such disclaimer
such new Lease to be for the residue then unexpired of
the term hereby granted at the rents payable and subject
to the same Tenants' covenants, to the same provisos and
conditions as those in force immediately before such
disclaimer and to be granted at
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the cost of the sureties in exchange for a counterpart
duly executed by the sureties.
3.10.4. On the grant of any permitted underlease to obtain
therein and at all times thereafter to enforce
performance and observance of covenants on the part of
the underlessee as follows:-
(i) an absolute covenant not to assign the demise
underlet or otherwise part with possession of any
part of the sub-demised premises (here meaning a
portion only and not the whole thereof) or to
share occupation of the whole or any part thereof
for all or any part of the sub-term;
(ii) a qualified covenant not to assign, demise,
underlet or otherwise part with possession of the
whole of the sub-demised premises without the
licence in writing of the Landlord (the grant of
which shall be subject to the same provisos as
hereinbefore set forth in this clause)
(iii) a covenant that the underlessee will cause to be
inserted in every sub-underlease whether immediate
or derivative on the part of the relevant
sub-underlessee corresponding to the covenants
numbered (i) and (ii) above and that the
underlessee will at all times hereafter enforce
the same.
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3.10.5. Notwithstanding anything herein contained the Tenant
shall not create or permit the creation of any interest
derived out of the term hereby granted howsoever remote
or inferior upon the payment of a fine or premium or at
a rent less than the full market rent (obtainable
without taking a fine or premium) of the demised
premises and shall not create or permit the creation of
any such derivative interest as interest as aforesaid
save by instrument in writing containing such absolute
prohibition as aforesaid on the part of the underlessee
and those that may derive title under such underlessee.
3.11. To pay all expenses (including Solicitors' costs and Surveyor's
fees) incurred by the Landlord incidental to or in contemplation of the
preparation and service of a notice of proceedings under Section 146 and 147 of
the Law of Property ▇▇▇ ▇▇▇▇ notwithstanding forfeiture is avoided otherwise
than by relief granted by the Court or incidental to the preparation and service
of a Schedule of Dilapidations at the end of the said Term (howsoever
determined).
3.12. In the event of the Tenant committing any breach of any covenant
contained in this Lease whether for the payment of rent or otherwise whatsoever
or of the Tenant applying to the Landlord for any consent or licence required by
the Tenant then if the Landlord shall properly and reasonably incur any costs,
charges and expenses including Solicitor's costs and Surveyor's charges to
indemnify the Landlord in respect thereof.
3.13. Not to use or permit or suffer the Demised Premises to be used for
any illegal or immoral purpose or for betting, gaming or wagering or for any
offensive trade or
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business and not without the consent in writing of the Landlord (such consent
not to be unreasonably withheld) to use or permit or suffer to be used the
Demised Premises or any part thereof otherwise than for offices.
3.14. To conduct the trade or business of the Tenant on the Demised
Premises in a proper and orderly manner and in accordance with all statutory
requirements applicable thereto and not to reside or sleep or permit or suffer
any person to reside or sleep on the Demised Premises.
3.15. To comply in all respect with any reasonable rules made by the
Landlord from time to time in respect of the general management of the
Landlord's premises and in particular the foregoing.
3.16. Not to do or permit or suffor anything in or upon the Demised
Premises or any part thereof which may be or become a nuisance, annoyance or
cause damage or inconvenience to the Landlord or the tenants of the Landlord or
the tenants or occupiers of property in the neighbourhood which may render the
Landlord or the Tenant liable to any notice under any Public Health Act for the
time being in force or for any purpose or in any way which would constitute a
breach of any of the provisions of any private or public health Act or Act of
Parliament for the time being in force or any regulations or bye-laws made
thereunder or by any competent public or local authority whether affecting the
Landlord or any of its present or future property (including the Demised
Premises) or which may be in any way calculated to injure any such property or
do or suffer any other thing which may render any increased or extra premium
payable for the insurance of any present or future buildings of the Landlord
adjoining or near to the Demised Premises against loss or damage by fire or
which may make void or voidable any policy for insurance or for any insurance of
the Demised Premises and if at any time during the
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said Term anything shall be done upon the Demised Premises which shall cause the
premium to be charged by any insurance office to exceed the average current rate
for the time being in force to give notice thereof to the Landlord and also to
pay the extra premium so to be charged as aforesaid for the insurance of such
present or future buildings of the Landlord adjoining or near to the Demised
Promises as aforesaid.
3.17. Within seven days after the service upon the Tenant of any
notice, proposal or requirements or order made or served under any statute or
statutory regulation or any statutory modification or re-enactment thereof and
any regulation made thereunder forthwith to supply a true copy thereof to the
Landlord and to join with the Landlord (if the Landlord deems it necessary and
at the joint expense of the parties) in raising any objections to the same and
taking such actions as may be deemed appropriate.
3.18. Not to affix or exhibit or permit or suffer to be affixed or
exhibited to or upon the external walls, windows or other external parts of the
Demised Promises any name, flag placard, sign, poster, signboard, nameplate,
sunblind (for advertising purposes only) or other advertisement whatsoever
without the prior consent in writing of the Landlord to its agents which shall
not be unreasonably withheld or delayed.
3.19. Not to cause or permit any obstruction to the entrance of the
Demised Premises or the neighbouring communal part of the Landlord's premises
and not to hold or permit to be held any sale by auction on the Demised
Premises.
3.20. In relation to the Town and Country ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ or any
existing or future Act or enactment modifying or re-enacting or for similar
purposes to such Act and any rules, regulations, order and directions made or
given thereunder all of which are hereinafter referred to collectively as "the
Planning Acts" (an application for permission, consent or
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approval under such Acts being herein after referred to as a "planning
application" and "development" having the meaning assigned thereto in the Town
and Country ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ or that meaning as it may be amended or re-enacted
from time to time or any meaning from time to time substituted for that
meaning):-
3.20.1. At all times during the subsistence of this tenancy to
comply with all requirements of or having validity under
the Planning Act and forthwith upon the receipt of any
Notice or Order or any proposal for the same from a
Planning Authority or Statutory Authority to give full
particulars thereof to the Landlord and if required to
produce such Notice Order or proposal to the Landlord
and at the request and cost of the Landlord to join with
the Landlord in making any such objections or
representations against or in respect of any Notice
Order or proposal that the Landlord shall deem
expedient.
3.20.2. Not to make any planning application for development or
carry out or cause to be carried out any development on
the Demised Premises.
3.20.3. To produce to the Landlord or its agent when required in
writing to do so all such drawings, documents and other
evidence that the provisions of this covenant 3.20 have
been complied with as either of them may require.
3.21.1. To execute all such works relating to the Demised
Premises as are or may under or in pursuance of the
Offices Shops and
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▇▇
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, the Shops Act, the Factories
Acts or any other such Act or Acts of Parliament already
or hereafter to be passed or under any bye-law,
regulation or order of any competent authority be
directed to be done or required by any County Council or
other local or public or Town and Country Planning
Authority to be executed at any time during the said
Term upon or in respect of the Demised Premises whether
by the Landlord or Tenant thereof or at the option of
the Landlord to pay a fair proportion (to be
conclusively determined in the event of dispute by the
Landlord's surveyor) of the cost of executing all such
works as aforesaid to any building or part of any
building of which the Demised Premises form part.
3.21.2. At all times hereafter to indemnify the Landlord from
and against all actions, proceedings, costs, losses,
expenses, claims and demands arising out of any failure
by the Tenant to observe or perform any of his
obligations under these presents in relation to the
Planning Acts and non-compliance with all matters
referred to in Sub-Clause 3.20.1 hereof.
3.22. To permit the Landlord during the six months immediately
preceding the determination of the Term hereby granted (however determined) to
affix and retain without interference upon any part of the Demised Premises (but
not so as to obscure any windows of the Demised Premises) a notice for
re-letting the same and during the said six months and at any
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time during the said Term in the event of the Landlord wishing to sell or
otherwise deal with their reversion to permit persons with written authority
from the Landlord or its agents at reasonable times of the day on reasonable
prior written notice to the Tenant to view the Demised Premises.
3.23. To permit the Landlord or its Surveyors or Agents at any
reasonable time or times on reasonable prior written notice during the last six
months of the said Term to enter the Demised Premises or any part thereof during
reasonable hours in the daytime and to take schedules or inventories of the
fixtures and things to be yielded up at the expiration or sooner determination
of the said Term.
3.24. To yield up the Demised Premises with all the Landlord's
fixtures and additions thereto and the pipes and water and sanitary apparatus
thereof at the determination of the Term hereby granted in the state of
decorative repair and condition required by the covenants hereinbefore
contained.
3.25. To indemnity and keep indemnified the Landlord from liability
in respect of any injury to or the death of any person, damage to any property
moveable or immovable, the infringement, disturbance or destruction of any
right, easement or privilege or otherwise by reason directly or indirectly out
of the repair state of repair condition or any alteration to or the user
hereinbefore permitted of the Demised Premises and from all proceedings, costs,
claims and demands of whatsoever nature in respect of any such liability or
alleged liability except for the negligence or willful misconduct of the
Landlord.
3.26. To be responsible for and to indemnify the Landlord against
all damage occasioned to the Demised Premises or any other part of the
Landlord's premises or any adjacent
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or neighbouring premises or to any person caused by any act, default or
negligence of the Tenant or the servants, agents, licensees or invitees of the
Tenant.
3.27. If any sum payable by the Tenant to the Landlord under this
Under-Lease shall not be paid within twenty-one of the sum becoming due to pay
to the Landlord interest thereon at the rate of 4% per annum above The Royal
Bank of Scotland plc Base Rate or such other rate replacing the same from time
to time calculated on a day-to-day basis from the date of the same becoming due
down to the date of payment and the aggregate amount for the time being so
payable shall at the option of the Landlord be recoverable by action or an rent
in arrear.
3.28. Whenever any sum is payable by the Tenant on which Value Added
Tax or any other tax is payable to pay to the Landlord in addition to such sum
the amount of the Value Added Tax or other tax thereon at the rate applicable to
that payment.
3.29. To perform and observe the lessee's covenants in the Lease so
far as they are not inconsistent with the terms hereof and they relate to the
Demised Premises except only the covenant for payment of the rent reserved
thereby and to keep the Landlord indemnified against all claims, damages, costs
and expenses in any way relating thereto so far as aforesaid.
4. THE Landlord HEREBY COVENANTS with the Tenant as follows:-
4.1. That the Tenant paying the rent hereby reserved and performing
and observing the several covenants on its part herein contained shall peaceably
hold and enjoy the Demised Premises during the said Term without any
interruption by the Landlord or any person rightfully claiming under or in trust
for the Landlord.
4.2. To use Its reasonable endeavor (but at the cost of the Tenant)
to ensure that the Superior Landlord complies with Clause 4(b) and 4(c) of the
Head Lease.
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4.3. To observe in all cases and perform where they do not fall to
be performed by the Tenant under the terms of this Sub-Lease the tenant's
covenants in the Head Lease and to indemnify the Tenant in respect of all costs,
claims, demands and proceedings in respect of any costs incurred in respect of
the maintenance, repair and redecoration of the Demised Promises and of the
service charge more particularly set out in the covenants contained in clause 2
of the Head Lease.
5. PROVIDED ALWAYS AND IT IS HEREBY AGREED as follows:-
5.1. If the rents hereby reserved or any part thereof shall at any
time be unpaid for fourteen days after becoming payable (whether formally
demanded or not) or if any covenant on the Tenant's part herein contained shall
not be performed or observed or if the Tenant (being a Company) shall enter into
liquidation whether compulsory or voluntary (save for the purpose of
reconstruction or amalgamation) or a Receiver shall be appointed or if the
Tenant (being a Company) shall without the Landlord's consent change its status
from limited to unlimited or vice versa or if the Tenant or (being more than one
person) any of them shall make any composition or enter into any arrangement
with creditors or permit any execution to be levied on the Demised Premises or
if the Tenant (not being a Company) or any of them shall become bankrupt then
and in any of the said cases it shall be lawful for the Landlord at any time
thereafter to re-enter upon the Demised Premises or any part thereof in the name
of the whole and thereupon this demise shall absolutely determine but without
prejudice to any right of action herein contained.
5.2. In case the Demised Premises or the Landlord's Premises giving
access to the Demised Premises or any part thereof shall at any time be
destroyed or damaged by fire or other insured risk so as to be unfit for
occupation or use or so as to prevent access to the Demised
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Premises then (unless the insurance of the demised premises shall have been
forfeited or vitiated by the act or default of the Tenant) the rents hereby
reserved or a fair and just proportion thereof according to the nature and
extent of the damage sustained shall for a period from the date of such
destruction or damage as aforesaid until the premises shall have been rebuilt
and reinstated and made fit for occupation or use or for the rest of the Term
from the date of such destruction or damage as aforesaid whichever period shall
be the shorter be suspended and cease to be payable.
5.3. Except where any statutory provision prohibits the Tenant's
right to compensation being reduced or excluded by agreement the Tenant shall
not be entitled to claim from the Landlord on quitting the Demised Premises or
any part thereof any compensation under the Landlord and ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ or any
statute modifying or re-enacting the same.
5.4. Nothing herein contained or implied shall except as aforesaid
impose or be deemed to impose any restriction on the user of any land or
building not comprised in this Lease to give the Tenant a right to prevent the
release or modification of any covenant agreement or condition entered into by
any lessee or tenants of the Landlord in respect of the property not comprised
in this Lease or to prevent or restrict in any way the development of any land
not comprised in this Lease.
6. THIS Deed shall incorporate the provisions as to notices contained in
Section 196 of the Law of Property ▇▇▇ ▇▇▇▇ as amended by the Recorded Delivery
▇▇▇ ▇▇▇▇ and any other amendment or re-enactment thereof for the time being.
7. THE receipt of rent on the part of the Landlord shall not be and shall
not be deemed to be a waiver of any of the covenants provisions or conditions
herein contained and on the part of the Tenant to be observed and performed.
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8. HAVING been authorised to do so by an order of the Oxford County Court
made on the __________day of __________ 1997 pursuant to Section 38(4) of the
Landlord and ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ the provisions of Sections 24 to 28 (inclusive) of
the Landlord and Tenant act 1954 shall be excluded in relation to this tenancy.
9. IN this Lease where the context so admits:-
9.1. Words importing the neuter gender include the masculine and
feminine genders.
9.2. Words importing the singular number only include the plural
number and vice versa and where there are two or more persons included in the
expression "the Tenant" covenants expressed to be made by the Tenant shall be
deemed to be made by such persons jointly and severally.
9.3. Such of the division walls as divide the demised premises from
other premises of the Landlord shall be deemed to be party walls or fences and
to belong in equal moieties (considered as divided vertically down the middle
throughout the whole length) to the property on either side thereof.
9.4. The expression "Landlord" shall be deemed to include all or any
superior landlords and all rights reservations and permissions in favour of the
Landlord shall also be for the benefit of any superior landlord to the intent
that any superior landlord shall be entitled to exercise the same in addition to
the Landlord.
10. It is hereby certified that there is no Agreement for Lease to which
this Lease gives effect.
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THE COMMON SEAL of ▇▇▇▇▇-▇▇▇▇▇▇ )
CONSERVATION LIMITED was hereunto )
affixed in the presence of:- )
Director: /s/ ▇. ▇. ▇▇▇▇▇▇▇▇▇
Secretary: /s/ ▇. ▇▇▇▇▇▇▇▇▇
THE COMMON SEAL of ANTHRA )
PHARMACEUTICALS INCORPORATED )
was hereunto affixed in the presence of:- )
Director: /s/ ▇.▇. ▇▇▇▇▇▇
Secretary: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇