EX-4.3



 Exhibit 4.3 

 

	(A)	Landlord: Whisperglen Limited 

  

	(B)	Tenant: Websoft Limited 

  

	(C)	Guarantor : Richard Fitzgerald 

 LEASE 
 -of- 

1st Floor Offices, 
 New Development, 
 Templeogue Village, 

Dublin 6W. 
  

			
	Term :	  	35 years from the 1st day of January, 2001
		
	Rent Review	  	Every 5 years from the date of commencement of the within Lease
		
	Initial Rent	  	IR£35,000.00 per annum (Thirty Five Thousand Pounds) exclusive VAT or rates, insurance, service charges and any other payments under the terms of the within Lease and subject
to the review in accordance with the provisions herein.

  
 



 
 2 Upper Pembroke Street, Dublin 2. Tel: 01-676 9955 Fax: 01-676 9975 








	(A)	Landlord: Whisperglen Limited 

  

	(B)	Tenant: Websoft Limited 

  

	(C)	Guarantor: Richard Fitzgerald 

 LEASE 
 -of- 

1st Floor Offices, 
 New Development, 
 Templeogue Village, 

Dublin 6W. 
  

			
	Term :	  	35 years from the 1st day of January, 2001
		
	Rent Review	  	Every 5 years from the date of commencement of the within Lease
		
	Initial Rent	  	IR£35,000.00 per annum (Thirty Five Thousand Pounds) exclusive VAT or rates, insurance, service charges and any other payments under the terms of the within Lease and subject
to the review in accordance with the provisions herein.


  
 1 









			
		  	CONTENTS
		
	Parties	  	
		
	1.	  	Definitions
	2.	  	Interpretation
	3.	  	Demise and Rents
	4.	  	Tenant’s Covenants
	4.1	  	Rents
	4.2	  	Interest on arrears.
	4.3	  	Outgoings.
	4.4	  	Repairs.
	4.5	  	Decorations.
	4.6	  	Cleaning and maintenance.
	4.7	  	Yielding Up
	4.8	  	Tenant’s fixtures and fittings.
	4.9	  	Rights of entry by Landlord.
	4.10	  	Compliance with Notices
	4.11.	  	Operation of the Demised Premises.
	4.12	  	User.
	4.13	  	Alterations
	4.14.	  	Alienation
	4.15.	  	Registration of dispositions.
	4.16	  	Landlord’s expenses
	4.17.	  	Statutory requirements
	4.18	  	En-roachments and easements.
	4.19	  	Re-letting and planning application notices
	4.20	  	Indemnity.
	4.21	  	Landlord’s regulations
	4.22	  	Stamp Duty and Value Added Tax.
	4.23	  	Insurance
	4.24	  	Registration of Company
	5.	  	Landlord’s covenants
	5.1	  	Quiet enjoyment.
	5.2	  	Exercise of rights.
	5.3	  	Provision of services.
	5.4	  	Insurance
	6	  	Provisos
	6.1	  	Forfeiture
	6.2	  	No implied easements
	6.3	  	Exclusion of warranty as to user
	6.4	  	Representations
	6.5	  	Use of Demised Premises outside Business Hours.


  
 2 









			
	6.6	  	Failure by Landlord to provide services.
	6.7	  	Exclusion of Landlord’s liability.
	6.8	  	Covenants relating to Adjoining Property
	6.9	  	Effect of waiver.
	6.10	  	Applicable law.
	6.11	  	Notices
	7.	  	Service Charge
	8.	  	Finance Act Certificates.
	9.	  	Section 29 Companies Act 199()
	10.	  	Assent

 First Schedule (Building) 
 Second Schedule (Demised Premises) 
 Third Schedule (Ancillary Rights) 

Fourth Schedule (Exceptions and Reservations) 

Fifth Schedule (Rent Reviews) 
 Sixth Schedule
(Service Charge Expenditure) 
 Execution Clauses 

  
 3 








 THIS LEASE made the 17th day of May 2001. 
 BETWEEN 
  

	(a)	LANDLORD: WHISPERGLEN LIMITED (which term shall include its Assigns) 

 and whose registered office is at Hollywood House, Glenealy, County Wicklow. 
  

	(b)	TENANT: WEBSOFT LIMITED having its registered office at 

 (which term includes its Assigns) 
  

	(c)	GUARANTOR; RICHARD FITZGERALD of 

 (which term includes his Executors, Administrators and Assigns) 
 WITNESSETH as follows:

  

	1.	DEFINITIONS 

 In this Lease, unless the
context otherwise requires. 
  

	1.1.	“Adjoining Property” means any land and buildings adjoining or neighbouring the Demised Premises: 


 

	1.2	“Building” means the premises more particularly described in the First Schedule PROVIDED ALWAYS that for the purposes of Clause 5.4 herein, reference
to the Building in so far as it includes the Demised Premises shall exclude (unless otherwise agreed in writing by the Landlord and the Tenant) all additions, alterations and improvements made to the Demised Premises by the Tenant:


  

	1.3	“Building Control Act” means the Building Control Act 1990; 

  

	1.4	“Common Parts” means the pedestrian ways, courtyards, forecourts, entrance halls, corridors, passages, lobbies, landings, staircases, lifts and any other
amenities in the Building or within the curtilage thereof which are or may, from time to time, be provided or designated by the Landlord 


  
 4 









	 	
for common use by the tenants and occupiers of the Building and all persons expressly or by implication authorised by them but excluding the Lettable Areas; 


 

	1.5	“Conduits” means all sewers, drains, soakaways, pipes, gullies, gutters, ducts, mains, watercourses, channels, subways, wires, cables, shafts, flues and other
transmission or conducting media and installations (including all fixings, covers, cowls, louvres and other ancillary apparatus) of whatsoever nature or kind or any of them; 


 

	1.6	“Decorate” means paint (with at least two coats of good quality paint), polish, repaper or otherwise treat as appropriate all surfaces usually or requiring to
be so treated and includes preparation of such surfaces by stripping off, stopping, priming or otherwise, as necessary, washing down washable surfaces, treatment with suitable preservative and restoration, pointing and making good stonework,
brickwork, stucco, concrete and other surfaces: 

  

	1.7	“Decoration Years” means the year ending 2003 and thereafter in every subsequent three years of the Term: 


 

	1.8	“Demised Premises” means save as provided in clause 5.4.7, the premises demised by this Lease and more particularly described in the Second Schedule;


  

	1.9	“Initial Rent” means thirty five thousand pounds per annum (IR£35,00.00): 


 

	1.10	“Insured Risks” means, subject always to such insurance as may ordinarily and reasonably be available to the Landlord and to such exclusions, excesses and
limitations as may be imposed by the Landlord’s insurers for the time being in respect of any or all of the following risks: 

 Fire (including subterranean fire), storm, tempest, flood, earthquake, lightning, explosion, impact by any road vehicle, aircraft and other aerial devices and articles dropped therefrom, riot, civil
commotion and malicious damage, bursting or overflowing of water tanks, apparatus or pipes and such other risks as the Landlord may in its absolute discretion from time to time determine; 

 

	1.11	“Landlord” means the party or parties named as “Landlord” at the commencement of this Lease and includes the person for the time being entitled to
the reversion immediately expectant on the determination of the Term; 


  
 5 









	1.12	“This Lease” includes the Schedules and any document which is made supplemental hereto or which is entered into pursuant to or in accordance with the terms
hereof: 

  

	1.13	 “Option Date” means the 1st day of November 2010. 



 

	1.14	“Lettable Areas” means those parts of the Building (including the Demised Premises) leased or intended to be leased to occupational tenants:


  

	1.15	“Outgoings” means all rates, taxes and charges (including emergency service charges) of any description (whether or not of a capital or non-recurring nature)
which may at any time during the Term be payable in respect of the Demised Premises and the Utilities enjoyed in connection therewith INCLUDING any insurance excesses or other sums not recoverable by the Landlord (unless due to its neglect or
default) but EXCLUDING any tax payable by the Landlord upon the rents herein reserved or occasioned by any disposition of or dealing with the reversion on this Lease; 


 

	1.16	“Permitted User” means office use together with ancillary uses. 

  


	1.17	“the Perpetuity Period” means the period of 35 years from the date of this Lease; 


 

	1.18	“Plan” means the plans and drawings where appropriate and annexed to this Lease; 


 

	1.19	“Planning Acts” means the Local Government (Planning and Development) Acts 1963 to 2000: 


 

	1.20	“Plant” means any lifts, lift machinery, central heating and air conditioning systems, sprinkler system, boilers and other electrical and mechanical
machinery, equipment and apparatus of whatsoever nature or kind and wherever installed in the Building; 

  

	1.21	“Prescribed Rate” means the rate per centum per month which exceeds by one half per centum per month the monthly rate of interest for the time being
chargeable under Section 1080 of the Taxes Consolidation Act, 1997 (or such other monthly rate of interest as may from time to time be chargeable upon arrears of income tax) or, as the Landlord may from time to time elect, the rate of [10] per
centum per annum; 


  
 6 









	1.22	“Quarterly Gale Days” means the first day of January, first day of April, first day of July and first day of October in every year of the Term.


  

	1.23	 “Rent Commencement Date” means the 1st day of January, 2001 (“commencement date”). 



 

	1.24	“Retained Parts” means all parts of the Building which do not comprise Lettable Areas, including, but not limited to: 


 

	1.24.1	the Common Parts; 

  

	1.24.2	office and residential or other accommodation which may from time to time be reserved in the Building for staff: 


 

	1.24.3	any parts of the Building reserved by the Landlord for the housing of plant or otherwise in connection with or required for the provision of services:


  

	1.24.4	all Conduits in, upon, over, under or within and exclusively serving the Building except any that form part of the Lettable Areas; 


 

	1.24.5	the main structure of the Building and, in particular, but not by way of limitation, the roof, foundations, external walls, internal load bearing walls and the
structural parts of the roof ceilings and floors, all party structures, boundary walls, railings and fences and all exterior parts of the Building and all roads, pavements, pavement lights and car parking areas (if any) within the curtilage of the
Building; 

  

	1.26	“The service charges” are calculated, with reference to the expenditure as defined, being an agreed percentage of 37% of all such service charges having to be
paid in respect of the building within which the Demises Premises is situate. 

  

	1.27	“Surveyor” means any person appointed by the Landlord (including an employee of the Landlord and the person appointed by the Landlord to collect the rents and
manage the Building) to perform the function of a surveyor for any purpose of this Lease: 


  
 7 









	1.28	“Tenant” means the party or parties named as “Tenant” at the commencement of this Lease and includes the person entitled for the time being to the
Tenant’s interest created by this Lease; 

  

	1.29	“Term” means 35 Years; 

  

	1.30	“Term Commencement Date” means the              day of 2000. 


 

	1.31	“Utilities” means water, soil, steam, air, gas. electricity, radio, television, telegraphic, telephonic and other communications, and other services of
whatsoever nature; 

  

	1.32	“the 1860 Act” and “the 1881 Act” mean respectively the Landlord and Tenant Law Amendment Act, Ireland, 1860 and the Conveyancing Act, 1881.


  

	2.	INTERPRETATION 

  

	2.1	Where two or more persons are included in the expression “the Landlord” or “the Tenant”, such expressions include all or either or any of such
persons and the covenants which are expressed to be made by the Landlord or the Tenant shall be deemed to be made by or with such persons jointly and severally. 


 

	2.2	Unless the context otherwise requires- 

  

	2.2.1.	words importing a person include any unincorporated association or corporate body and vice versa; 


 

	2.2.2	any reference to the masculine gender includes reference to the feminine gender and any reference to the neuter gender includes the masculine and feminine genders:


  

	2.2.3	any reference to the singular includes reference to the plural. 

  

	2.3	Any covenant by the Tenant not to do any act or thing includes an obligation not to permit or suffer such act or thing to be done and to use best endeavours to prevent
such act or thing being done by another person. 


  
 8 









	2.4	References to any right of the Landlord to have access to or entry upon the Demised Premises shall be construed as extending to all persons authorised by the Landlord,
including agents, professional advisers, prospective purchasers of any interest of the Landlord in the Demised Premises or in the Adjoining Property, contractors, workmen and others. 


 

	2.5	Any reference to a statute (whether specifically named or not) or to any sections or sub-sections therein includes any amendments or re-enactments thereof for the time
being in force and all statutory instruments, orders, notices, regulations, directions, bye-laws, certificates, permissions and plans for the time being made, issued or given thereunder or deriving validity therefrom. 


 

	2.6	Headings are inserted for convenience only and do not affect the construction or interpretation of this Lease. 


 

	2.7	Any reference to a clause, sub-clause or schedule means a clause, sub-clause or schedule of this Lease. 


 

	2.8	Wherever in this Lease either party is granted a future interest in property there shall be deemed to be included in respect of every such grant a provision requiring
that future interest to vest within the Perpetuity Period. 

  

	2.9	If any term or provision in this Lease is held to be illegal or unenforceable in whole or in part, such term shall be deemed not to form part of this Lease but the
enforceability of the remainder of this Lease is not affected. 

  

	3.	DEMISE AND RENTS 

 The Landlord in
consideration of the rents hereby reserved (including the increases thereof) and the covenants on the part of the Tenant hereinafter contained HEREBY DEMISES unto the Tenant the Demised Premises TOGETHER WITH the ancillary rights and
easements specified in the Third Schedule but EXCEPTING AND RESERVING the rights and easements specified in the Fourth Schedule TO HOLD the Demised Premises unto the Tenant from and including the Term Commencement Date for the Term
SUBJECT TO all rights, easements, privileges, covenants, restrictions and stipulations of whatsoever nature affecting the Demised Premises YIELDING AND PAYING unto the Landlord during the Term: 

 

	3.1	Yearly and proportionately for any fraction of a year the Initial Rent and, from and including each Review Date (as defined in the Fifth Schedule), such yearly rent as
becomes payable under the Fifth Schedule, and in every case the same is to be paid in the manner notified from time to time by the Landlord by equal quarterly payments in advance on the Quarterly Gale Days; 


  
 9 









	3.2	a percentage or due proportion (equivalent to the same percentage or due proportion of the Expenditure which is used to determine the Service Charge) of all sums
(including the cost of periodic valuations for insurances purposes) which the Landlord may from time to time pay for insuring the Building against the Insured Risks and other matters referred to in Clause 5.4 all such sums to be paid on demand;


  

	3.3	the Service Charge to be paid on demand in accordance with Clause 7. 

  

	3.4	Any other sum recoverable by the Landlord as costs or expenses under this Lease, the same to be paid on demand. 


 

	4.	TENANT’S COVENANTS 


The Tenant throughout the Term HEREBY COVENANTS with the Landlord as follows: 

 

	4.1	Rents 

 To pay the rents in the
manner specified in clause 3 (save for the first payments which shall be made on the execution of this Lease) and without any deduction, set-off or counterclaim whatsoever. 

 

	4.2	Interest on arrears 

 Without
prejudice to any other right, remedy or power herein contained or otherwise available to the Landlord, if any of the rents (whether formally demanded or not) or other sums specified in clause 3 remain unpaid for more than seven days after the date
when payment was due, to pay interest thereon at the Prescribed Rate from and including the date on which payment was due to the date of payment to the Landlord (both before and after any judgment). 

 

	4.3	Outgoings 

 To pay and indemnify
the Landlord against all outgoings. 

  
 10 










	4.4	Repairs 

  

	4.4.1	To repair the Demised Premises and keep them in good repair and, as often as may be necessary, to rebuild, reinstate or replace the Demised Premises;


  

	4.4.2	The Tenant’s liability under clause 4.4.1 does not extend to damage in respect of which the Landlord is indemnified under a policy of insurance effected under
clause 5.4.1.1 nor to damage in respect of which the Landlord has no such entitlement through his own default nor in respect of latent and inherent defects in the Demises Premises. 


 

	4.5	Decorations 

 In every Decoration
Year and also during the last six months of the Term (whether determined by afflux ion of time or otherwise) to Decorate in a good and workmanlike manner, using good quality materials, all parts of the Demised Premises requiring decoration in
colours to be approved in writing by the Landlord (such approval not to be unreasonably withheld). 
  

	4.6	Cleaning and maintenance 

  

	4.6.1	To keep all parts of the Demised Premises clean and tidy; 

  

	4.6.2	To clean properly at least once in every month all windows and window frames and all other glass forming part of the Demised Premises. 


 

	4.7	Yielding up 

 At the expiration
or sooner determination of the Term to yield up the Demised Premises having- 
  

	4.7.1	complied with all the Tenant’s covenants contained in this Lease, and 


 

	4.7.2	removed any moulding, sign writing or painting of the name or business of the Tenant or Occupiers, and 


 

	4.7.3	if so required by the Landlord, but not otherwise, removed all alterations or additions made to the Demised Premises by the Tenant, together with any Tenant’s
fixtures, fittings, furniture and effects, and restored the Demised Premises to their original prevailing condition. 


  
 11 










	4.8	Tenant’s fixtures and effects 

  

	4.8.1	The Tenant irrevocably appoints the Landlord to be the Tenant’s agent to store or dispose of (subject to any conditions which the Landlord thinks fit) any
fixtures, fittings, furniture and effects left by the Tenant on the Demised Premises for more than 21 days after the expiry or sooner determination of the Term; 


 

	4.8.2	In acting under clause 4.8. the Landlord is not liable to the Tenant save having to account for the net proceeds of sale less the cost of storage (if any) and any other
expenses reasonably incurred by the Landlord. 

  

	4.9	Rights of entry by Landlord 

 To
permit the Landlord with all necessary materials and appliances at all reasonable times upon furnishing 48 hours written notice to the Tenant (except in cases of emergency) to enter and remain upon the Demised Premises for any of the following
purposes: 
  

	4.9.1	to view and examine the state and condition of the Demised Premises and to take schedules or inventories of the Landlord’s fixtures and fittings;


  

	4.9.2	to exercise any of the rights excepted and reserved by, and to carry out any obligations arising under, this Lease; 


 

	4.9.3	for any other purpose connected with the interest of the Landlord in the Demised Premises, including, but not limited to. valuing or disposing of the said interest.


  

	4.10	Compliance with notices 

 Upon
written notice being given by the Landlord to the Tenant of any breach of covenant- 
  

	4.10.1	to make good and remedy within sixty days of such notice, or sooner if required in the notice, the breach to the reasonable satisfaction of the Landlord;


  

	4.10.2	if the Tenant fails within twenty-one days of such notice, or as soon as reasonably possible in the case of an emergency, to commence and then diligently and
expeditiously to continue to comply with such notice, to permit the Landlord to enter the Demised Premises and carry out all or any of the Works or other steps necessary for compliance with the notice; 


 

	4.10.3	to pay all costs and expenses thereby incurred to the Landlord on demand. 


  
 12 










	4.1.1.	Operation of the Demised Premises 

  

	4.11.1	Not to engage in any activity in or on the Demised Premises which may result in- 


 

	4.11.1.1	a material increase in the risk of one or more of the Insured Risks happening or of contamination, pollution, or overloading in, on or to the Building or the Demised
Premises; 

  

	4.11.1.2	the creation of any nuisance, annoyance or disturbance affecting the enjoyment of the Building or the Adjoining Property or the value or character of the Demised
Premises; 

  

	4.11.1.3	the obstruction of or interference with the ancillary rights specified in the Third Schedule or with the rights of owners and Occupiers of the Building or of the
Adjoining Property; 

  

	4.11.1.4	the interference with or malfunctioning of any fire and safety equipment or appliances installed in the Building or the Demised Premises: 


 

	4.11.1.5	the Landlord incurring liability or expense under any statutory provision; 


 

	4.11.2	Not to erect, place or display on the exterior or on the windows of the Demised Premises any sign or other item whatsoever without obtaining the prior written consent
of the Landlord, which consent shall not be unreasonably withheld. 

  

	4.12	User 

  

	4.12.1	Not without the prior written consent of the Landlord (which consent shall not be unreasonably withheld) to use the Demised Premises except for the Permitted User nor
to make any application for planning permission or a fire and safety certificate in regard to any change of user or other development relating to the’ Demised Premises without first giving notice in writing to the Landlord of the intention to
make such application; 


  
 13 










	4.12.2	Not to leave the Demised Premises continuously unoccupied (other than for normal holiday periods) without notifying the Landlord; 


 

	4.12.3	To provide such caretaking or security arrangements as the Landlord or the insurers of the Building shall reasonably require in order to protect the Demised Premises
from vandalism, theft or unlawful occupation; 

  

	4.12.4	To provide the Landlord with the name, address and home telephone number of at least two authorised key holders for the time being of the Demised Premises and to notify
the Landlord of any changes in the persons so authorised as keyholders of the Demised Premises; 

  

	4.12.5	Not to use the Demised Premises for any public or political meeting, public exhibition or public entertainment, show or spectacle of any kind, nor for any dangerous,
noisy, noxious or offensive trade, business or occupation whatsoever, nor for any illegal or immoral purpose, nor for residential or sleeping purposes; 

  

	4.12.6	Not to use the Demised Premises or any part thereof for gambling, betting, gaming or wagering, or as a betting office, or as a club, or for the sale of beer, wines and
spirits, nor to hold any auction on the Demised Premises. 

  

	4.13	Alterations 

  

	4.13.1	Not to erect any new building or structure or to engage in any works on, or to make any addition or alteration to, the Demised Premises of such a kind that the Demised
Premises lose their original identity: 

  

	4.13.2	Not to make any other addition or alteration to the Demised Premises without the prior written consent of the Landlord (which consent shall not be unreasonably
withheld); 

  

	4.13.3	The Landlord may, as a condition of giving consent under the immediately preceding sub-clause, require the Tenant to enter into covenants or undertakings as to the
carrying out and insurance of the additions or alterations to the Demised Premises and as to their reinstatement to their original state at the expiration or sooner determination of the Term; 


 

	4.13.4	In respect of such additions or alterations, to comply in all respects with the provisions, as appropriate, of the Planning Acts and the Building Control Act and to
carry out any related works in a good and workmanlike manner to the satisfaction of the Landlord. 


  
 14 










	4.14	Alienation 

  

	4.14.1	Not to assign, sub-let, part with or share the possession of the entirety of the Demised Premises without the prior written consent of the Landlord (which consent shall
not be unreasonably withheld); 

  

	4.14.2	Not under any circumstances to assign, sub-let, part with or share the possession of or otherwise alienate a part of the Demised Premises; 


 

	4.14.3	The Tenant in seeking consent to any proposed alienation shall apply in writing to the Landlord and shall provide all information concerning the alienation as the
Landlord may reasonably require; 

  

	4.14.4.	In granting consent to any such proposed alienation the Landlord may impose such conditions as are reasonable in all the circumstances. The Landlord agrees and
covenants with the Tenant that in the event of any such proposed alienation it shall not unreasonably withhold its consent to enlarge the definition of “permitted user” in paragraph 1.17 to encompass and include such other retail uses of
the demised property as are permitted by planning regulations. 

  

	4.15	Registration of dispositions 

 To
furnish to the Landlord or its solicitors within twenty-one days of the alienation a certified copy of the deed or other instrument evidencing or effecting any alienation of or relating to the Demised Premises. 

 

	4.16	Landlord’s expenses 

 To pay
and indemnify the Landlord against all reasonable costs and expenses properly incurred by the Landlord in relation to: 
  

	4.16.1	the preparation and service of any notice and schedule relating to disrepair; 


  
 15 










	4.16.2	the recovery or attempted recovery of arrears of rent or other sums payable under this Lease; 


 

	4.16.3	procuring the remedying of any breach of covenant by the Tenant: 

  

	4.16.4	any application for consent required under the terms of this Lease (whether such consent is granted or not); 


 

	4.16.5	any other action taken at the request of the Tenant. 

  

	4.17	Statutory requirements 

  

	4.17.1	At the Tenant’s own expense, to comply in all respects in relation to the Demised Premises with- 


 

	4.17.1.1	all obligations and requirements arising from or under any statutory provision or imposed under powers conferred on any authority or court of competent jurisdiction;


  

	4.17.1.2	any reasonable demand by the Landlord for production of plans, documents and other evidence which the Landlord may require in order to satisfy itself that the
provisions of this clause have been or will be complied with. 

  

	4.17.2	Upon receipt of any notice or order relating to the Demised Premises or the occupier thereof or of any proposal for the same served or given under the Planning Acts,
the Building Control Act or any other statutory provisions, forthwith- 

  

	4.17.2.1	to furnish the Landlord with a true copy thereof and any further particulars required by the Landlord: 


 

	4.17.2.2	to take all necessary steps to comply with the notice or order: 

  

	4.17.2.3	at the written request of the Landlord but at the cost of the Tenant, to make or join with the Landlord in making such objection or representation against or in respect
of any such notice, order or proposal as the Landlord may reasonably require. 


  
 16 










	4.18	Encroachments and easements 

  

	4.18.1	Not to stop up, darken or obstruct any window, rights of light or rights of ways belonging to the Demised Premises; 


 

	4.18.2	Not to permit any new easement, encroachment, or any other third party rights to be made or enjoyed over or in respect of the Demised Premises or to acknowledge their
existence or to grant any such rights; 

  

	4.18.3	As soon as the Tenant is aware of any attempt to claim or exercise such third party rights, forthwith to give written notice thereof to the Landlord and, at the request
of the Landlord, to take such steps as may be reasonably required by the Landlord to prevent their acquisition or otherwise deal with them. 


	4.19	Re-letting and planning application notices 

 To permit the Landlord at all reasonable times during the last six months of the Term to enter upon the Demised Premises and affix and retain without interference upon any suitable parts of the Demised
Premises (but not so as materially to affect the access of light and air to the Demised Premises) notices of re-letting the same and. as appropriate, any site notice relating to a planning application and to permit all persons with the written
authority of the Landlord or. its agent to view the Demised Premises at all reasonable hours in the daytime, upon prior notice having been given”. 
  

	4.20	Indemnity 

  

	4.20.1	To keep the Landlord fully indemnified from and against all actions, proceedings, claims, demands, losses, costs, expenses, damages and liability arising directly or
indirectly from- 

  

	4.20.1.1	breach by the Tenant of any of the provisions of this Lease: 

  

	4.20.1.2	the use of or works carried out on or to the Demised Premises during the Term; 


 

	4.20.1.3	any act, neglect or default by the Tenant or any person on the Demised Premises with its actual or implied authority. 


  
 17 










	4.20.2	To effect and keep in force such public liability, employer’s liability and other policies of insurance (to the extent that such insurance cover is available) as
may be necessary to cover the Tenant against any claim arising under the preceding sub-clause and to extend such policy or policies so that the Landlord is indemnified by the insurers in the same manner as the Tenant. 


 

	4.20.3	Whenever required to do so by the Landlord, to produce to the Landlord the said policy or policies together with satisfactory evidence that the same is/are valid and
subsisting and that all premiums due thereon have been paid. 

  

	4.21	Landlord’s regulations 

 To
comply with all reasonable regulations made by the Landlord from time to time and notified to the Tenant in writing for the general management and security of the Building and any other areas used or to be used in common with others. 

 

	4.22	Stamp Duty and Value Added Tax 


To pay to the Landlord- 
  

	4.22.1	any stamp duty payable on this Lease and its counterpart together with registration fees; 


 

	4.22.2	any Value Added Tax arising from the grant of this Lease or on the rents reserved by it. 


 

	4.23	Insurance 

  

	4.23.1	Not to do or omit to do anything which might cause any policy of insurance relating to the Demised Premises or the Building or any Adjoining Property owned by the
Landlord to become void or voidable wholly or in part nor (unless the Tenant has previously notified the Landlord and agreed to pay the increased premium) to do anything whereby any abnormal or loaded premium may become payable.


  

	4.23.2	Subject to the Landlord furnishing the Tenant with a copy of any policy of insurance effected under clause 5.4. to comply, at the Tenant’s own expense, with all
the requirements under that policy and the recommendations of the insurers relating to the Demised Premises. 


  
 18 










	4.23.3.1	If so requested by the Landlord, to insure and keep insured in the joint names of the Landlord and the Tenant any glass forming part of the Demised Premises against
breakage (other than as a result of the Insured Risks) for a sum which is not less than the full replacement value thereof for the time being with such insurance company as may from time to time be approved by the Landlord; 


 

	4.23.3.2	To pay within seven days of their becoming payable all premiums relating to any such insurance and, whenever reasonably required by the Landlord, to produce the policy
of insurance and the receipt for the current year’s premium. 

  

	4.24	Registration of Company 

 To
comply with all statutory requirements necessary to ensure that the Tenant remains on the register of companies (if applicable). 
  

	5.	LANDLORD’S COVENANTS 


The Landlord HEREBY COVENANTS with the Tenant as follows: 

 

	5.1	Quiet enjoyment 

 To permit the
Tenant, provided he pays the rent reserved by and otherwise complies with the provisions of this Lease, peaceably to hold and enjoy the Demised Premises during the Term without any interruption by the Landlord or any person lawfully claiming
through, under or in trust for it. 
  

	5.2	Exercise of rights 

 In
exercising any of the Landlord’s rights of entry or other rights in relation to the Demised Premises- 
  

	5.2.1	to take all necessary steps to ensure that as little damage is done to the Demised Premises and as little inconvenience is caused to their occupiers as is reasonably
practicable; 

  

	5.2.2	to make good without delay any damage which may be caused by such exercise. 


  
 19 










	5.3	Provision of services 

 Subject
to reimbursement by the Tenant of the Service Charge, to use all reasonable endeavours to provide the following services in accordance with the principles of good estate management:- 

 

	5.3.1	To keep the Retained Parts in good repair and condition; 

  

	5.3.2	To keep clean and maintained in a proper manner, the Common Parts including the windows thereof, and any lavatories of which (inter alia) the Tenant has the use, and to
keep same adequately lighted, where appropriate, during the Business Hours; 

  

	5.3.3.	To provide a lift service by the operation of the lifts now installed or by such substituted lifts as the Landlord, in its absolute discretion, may from time to time
decide to install; 

  

	5.3.4	To provide heating to the Demised Premises and the Common Parts to such temperatures as the Landlord may from time to time, consider adequate and for such periods of
the year as the Landlord shall deem desirable; 

  

	5.3.5	To employ such staff as the Landlord may, acting reasonably, deem desirable or necessary to enable it to provide all or any of the services in the Building and for the
general management and security of the Building; 

  

	5.3.6	To provide and install name boards of such size and design as the Landlord may, in its absolute discretion, determine in the main entrance to the Building and at such
other locations as the Landlord may consider desirable; 

  

	5.3.7	To repair and maintain those parts of the Building which are not built upon and to keep the same clear of all rubbish and free from weeds and to provide and maintain,
at the Landlord’s discretion, such plants, shrubs, trees or garden or grassed areas as may be appropriate and to keep the same planted and the grass cut; 


 

	5.3.8	Any other services which in the reasonable opinion of the Landlord are necessary or desirable from time to time for the comfort convenience and security of the tenants,
occupiers and users of the Building or any part of parts thereof. 

  

	5.3.9	To fit out the Demised Premises with plastered and painted walls, category two fluorescent lighting, male and female WCs, a small canteen area and perimeter trunking.



  
 20 










	5.4	Insurance 

  

	5.4.1	Subject to reimbursement by the Tenant of the tenant’s percentage or due proportion of the premiums payable by the Landlord, to insure and keep insured with an
insurer of repute located in Ireland in the name of the Landlord- 

  

	5.4.1.1	the Building against loss or damage by the Insured Risks in the full reinstatement costs thereof (to be determined from time to time by the Landlord or his professional
adviser) including: 

  

	 	(i)	Architects, Surveyors, Consultants and other professional (including Value Added Tax thereon); 


 

	 	(ii)	the costs of shoring up, demolishing, site clearing and similar expense; 

  

	 	(iii)	all stamp duty and other taxes or duties eligible on any building or like contract as may be entered into and all incidental expenses (including planning and building
regulation fees) relative to the reconstruction, reinstatement or repair of the Building; 

  

	 	(iv)	such provision for inflation as the Landlord in its absolute discretion shall deem appropriate: 


 

	5.4.1.2	the loss of rent and the Service Charge from time to time payable, or reasonably estimated to be payable, under this Lease (taking account of any review of the rent
which may become due under this Lease) following loss or damage to the Building by the Insured Risks, for three years or such longer period as the Landlord may, from time to time, reasonably deem to be necessary, having regard to the likely period
required for rebuilding and for obtaining planning permission and any other consents, certificates and approvals in connection with the reinstatement of the Building: 


 

	5.4.1.3	the property owner’s, public, employer’s and other liability of the Landlord arising out of or in relation to the Building; 


  
 21 










	5.4.1.4	such other insurances as the Landlord may, in its discretion, from time to time deem necessary to effect. 


 

	5.4.2	At the request of the Tenant, the Landlord shall produce to the Tenant a copy or extract duly certified by the Landlord of such insurance policy or policies and a copy
of the receipt for the last premium or (at the Landlord’s option) reasonable evidence from the insurers of the terms of the insurance policy or policies and the fact that it is or they are subsisting and in effect: 


 

	5.4.3	If the Building is destroyed or damaged by any of the Insured Risks then: 

  


	5.4.3.1	unless payment of any of the insurance moneys is refused by reason of any act or default of the Tenant, any under-tenant or any person under its or their control; and


  

	5.4.3.2	subject to the Landlord being able to obtain any necessary planning permission and other necessary licences, certificates, approvals and consents (which the Landlord
shall use its reasonable endeavours to obtain); and 

  

	5.4.3.3	subject to the necessary labour and materials being and remaining available (which the Landlord shall use its reasonable endeavours to obtain as soon as practicable);
and 

  

	5.4.3.4	subject to exercise of the right to terminate the Lease under this clause; 

 The Landlord shall as soon as possible lay out the proceeds of insurance effected under clause 5.4.1.1 in rebuilding and reinstating the Building as necessary to make it substantially the same as it was
prior to the destruction or damage (but not so as to provide accommodation identical in layout and manner or method of construction if it would not be reasonably practical to do so); 

  
 22 










	5.4.4	If the Landlord is prevented (for any reason other than its act or default) from compliance with the previous provisions of this clause the following provisions apply:


  

	5.4.4.1	the Landlord and Tenant are relieved of their obligations and are entitled to all insurance moneys according to their respective capital interests in the premises;


  

	5.4.4.2	if the prevention continues for three years and the Lease is not otherwise terminated, the Landlord or the Tenant may at any time after expiry of that period by not
less than three months’ written notice given to the other party determine this Lease, but without prejudice to any claim by either party against the other in respect of any antecedent breach of its terms: 


 

	5.4.5	If the destruction or damage to the Building renders the Demised Premises unfit for use and occupation and provided the insurance has not been vitiated nor payment of
any insurance moneys refused by reason of any act or default of the Tenant, any under tenant or any person under its or their control, the rent and the Service Charge payable under clause 3 of this Lease shall be suspended in accordance with the
following provisions: 

  

	5.4.5.1	the rent and the Service Charge suspended shall be the whole rent or Service Charge or such proportion as is fair according to the nature and extent of the damage to
the Demised Premises; 

  

	5.4.5.2	the suspension shall last until the Demised Premises are again rendered fit for use and occupation: 


 

	5.4.5.3	where the destruction or damage occurs during a quarter in respect of which rent or the Service Charge has been paid in advance, the Landlord shall refund to the Tenant
the proportion of that rent or that Service Charge (apportioned on a daily basis) which is attributable to the period following the date of destruction or damage; 


 

	5.4.5.4	any dispute regarding suspension of rent or Service Charge shall be determined by a single arbitrator to be appointed, in default of agreement, upon the application of
either party, by or on behalf of the President or acting President for the time being of the Society of Chartered Surveyors in accordance with the provisions of the Arbitration Acts, 1954/1980. 


  
 23 










	5.4.6	As and when requested from time to time by the Tenant, the Landlord shall use its reasonable endeavours: 


 

	5.4.6.1	to obtain from the Landlord’s insurers a waiver of its subrogation rights (if any) against the Tenant in respect of the Demised Premises so long as such a waiver
is available in the insurance market from a reputable insurer located in Ireland and any costs reasonably incurred thereby are discharged by the Tenant; 

  

	5.4.6.2	to ensure that the insurance policy or policies in respect of the Insured Risks contain a provision that the insurance is not invalidated by any change of occupancy or
increase or risk taking place in or on the Demised Premises without the knowledge of the Landlord provided that the Landlord shall immediately upon the same coming to its knowledge give notice to the insurers and the Tenant shall pay any additional
premiums as may be required from the date of such increase of risk. 

  

	5.4.7	For the purposes of this clause “Demised Premises” do not include (unless otherwise specified by the Landlord) any additions, alterations or improvements
carried out or being carried out by the Tenant. 

  

	5.5.	Adjoining Tenant(s) 

 The
Landlord covenants with the Tenant that it will not permit the sale of spirits and or beer by it or by any of its Tenant(s) in the property presently being developed by the Landlord adjoining the demised premises. 

 

	6.	PROVISOS 

 PROVIDED ALWAYS as
follows: 
  

	6.1	Forfeiture 

 Without prejudice to
any other right, remedy or power herein contained or otherwise available to the Landlord if: 
  

	6.1.1	the whole or any part of the rents or other sums reserved by this Lease is unpaid for fourteen days after becoming payable (whether formally demanded or not); or


  

	6.1.2	there is a breach of any of the Tenant’s covenants; or 


  
 24 










	6.1.3	if the Tenant has a bankruptcy petition presented against him or is adjudged bankrupt (whether in Ireland or elsewhere) or suffers any distress or execution to be
levied on the Demised Premises or enters into composition with his creditors or has a receiving order made against him; 

 THEN, and in any such case, the Landlord may at any time thereafter re-enter the Demised Premises and thereupon the term absolutely ceases and determines, but without prejudice to any rights or
remedies which may then have accrued to the Landlord against the Tenant in respect of any antecedent breach of any of the covenants or conditions contained in this Lease. 

 

	6.2	No implied easements 

 Nothing in
this Lease shall impliedly confer upon or grant to the Tenant any easement, right or privilege other than those expressly granted (if any) by it. 
  

	6.3	Exclusion of warranty as to user 


Nothing contained in this Lease or in any consent granted or approval given by the Landlord under it implies or warrants that the Demised
Premises may be used under the Planning Acts or the Building Control Act for the purpose herein authorised or any purpose subsequently authorised and the Tenant hereby acknowledges that the Landlord has not given or made at any time any
representation or warranty that any such use is or will be or will remain a permitted use under those Acts. 
  

	6.4	Representations 

 The Tenant
acknowledges that this Lease has not been entered into in reliance wholly or partly on any statement or representation made by or on behalf of the Landlord, except any such statement or representation that is expressly set out in this Lease.

  

	6.5	Failure by the Landlord to provide services 

 The Landlord shall not be liable to the Tenant in respect of any failure by the Landlord to perform any of the services referred to in this Lease, whether express or implied, unless and until the Tenant
has notified the Landlord of such failure and the Landlord has failed within a reasonable time to remedy the same and then in such case the Landlord shall 

  
 25 









 
(subject to the provisions of Clause 7.7 below) be liable to compensate the Tenant only for actual (but not consequential) loss or damage sustained by the Tenant after such reasonable time has
elapsed. 
  

	6.6	Exclusion of Landlord’s liability 

 The Landlord shall not, in any circumstances, incur any liability for any failure or interruption in any of the services provided by the Landlord or for any inconvenience or injury to person or property
arising from such failure or interruption due to mechanical breakdown, failure or malfunction, overhauling, maintenance, repair or replacement, strikes, labour disputes shortages of labour or materials, inclement weather or any cause or circumstance
beyond the control of the Landlord but the Landlord shall use its reasonable endeavours to cause the service in question to be reinstated with the minimum of delay. 
  

	6.7	Covenants relating to Adjoining Property 

 Nothing contained in or implied by this Lease shall give to the Tenant the benefit of or the right to enforce or to prevent the release or modification of any covenant, agreement or condition entered into
by any tenant of the Landlord in respect of the Adjoining Property. 
  

	6.8	Effect of waiver 

 Each of the
Tenant’s covenants shall remain in full force both at law and in equity notwithstanding that the Landlord may have appeared to have waived or released temporarily any such covenant, or waived or released temporarily or permanently, irrevocably
or irrevocably a similar covenant affecting other property belonging to the Landlord. 
  

	6.9	Applicable Law 

 This Lease and
all relationships created thereby shall in all respects be governed by and construed and interpreted in accordance with Irish Law, 
  

	6.10	Notices 

  

	6.10.1	Any demand or notice required to be made, given to, or served on the Tenant under this Lease is duly and validly made, given or served if addressed to the Tenant (or,
if the Tenant comprises more than one person, then to any of them) and delivered personally, or sent by prepaid registered or recorded delivery mail, or sent by telex 


  
 26 










	 	
or telegraphic facsimile transmission addressed (in the case of a company) to its registered office or (whether a company or individual) to its last known address, or to the Demised Premises:


  

	6.10.2	Any notice required to be given or served on the Landlord is duly and validly given or served if sent by pre-paid registered or recorded delivery mail, or sent by telex
or telegraphic facsimile transmission addressed to the Landlord at its registered office. 

  

	7.	SERVICE CHARGE 

  

	7.1	For the purpose of this Lease, the following expressions have the following meanings: 


 

	7.1.1	“Expenditure” means: 

  

	7.1.2	the aggregate of all costs, fees, expenses and outgoings whatsoever incurred by the Landlord in complying with its obligations in Clause 5.3 and in respect of the items
set out in the Seventh Schedule (whether or not the Landlord is obliged by this Lease to incur the same); 

  

	7.1.3	such sums as the Landlord shall, in its reasonable discretion, consider desirable to set aside from time to time for the purpose of providing for periodically recurring
items of expenditure, whether recurring at regular or irregular intervals; 

  

	7.1.4	such provision for anticipated expenditure in respect of any of the services to be provided by the Landlord or any of the items referred to in the Seventh Schedule as
the Landlord shall, in its reasonable discretion, consider fair and reasonable in the circumstances; 

  

	7.1.5	Financial Year” means the period from the 1st day of January commencing each year to the last day of December in the same year or such other period as the Landlord
may, in its absolute discretion, from time to time reasonably determine; 

  

	7.1.6	Estimated Expenditure” means, for any Financial Year during the Term, such sum as the Landlord shall, from time to time, specify as being, in its absolute
discretion, a fair and reasonable estimate of the Expenditure for the current Financial Year based upon a budget prepared by the Landlord and submitted to the Tenant; Provided that the Landlord may from time to time during any Financial Year, as
appropriate, submit to the Tenant revised budgets with respect to its estimate of the Expenditure for that Financial Year whereupon appropriate adjustments shall be made to such sum to reflect the revised budget(s); 


  
 27 










	7.1.7	“Accountant” means any person appointed by the Landlord to perform the function of an accountant in relation to the Expenditure; 


 

	7.2	The Landlord shall, as soon as convenient after the end of each Financial Year, prepare an account showing the Expenditure for that Financial Year and containing a fair
summary of the various items comprising the Expenditure and, upon such account being certified by the Surveyor or Accountant (a copy of which shall be supplied to the Tenant), the same shall be conclusive evidence, for the purposes of this Lease, of
all matters of fact referred to in the account; 

  

	7.3	The Tenant shall pay to the Landlord on account of the Service Charge for the period commencing on the Service Charge Commencement Date down to the end of the following
Financial Year and thereafter during each subsequent Financial Year during the Term the same percentage of the Estimated Expenditure (“the Advance Payment”) as that upon which the Service Charge is calculated and such payments shall be
made by equal quarterly payments in advance on the Quarterly Gale Days (subject to adjustment if the Estimated Expenditure is revised as contemplated by the definition thereof): Provided Always that the first portion of the Advance Payment shall be
a proportionate part of the first quarterly payment of the Advance Payment as notified to the Tenant prior to delivery of this Lease and shall be payable on the execution hereof in respect of the period from and including the Service Charge
Commencement date to the day before the Quarterly Gale Day following the Service Charge Commencement Date; 

  

	7.4	If the Service Charge for any Financial Year shall: 

  

	7.4.1	exceed the Advance Payment for that Financial year, the excess, shall be paid by the Tenant to the Landlord on demand: or 


 

	7.4.2	be less than the Advance Payment for that Financial Year, the overpayment shall be credited to the Tenant against the next quarterly payment of the Service Charge.


  

	7.5	Any omission by the Landlord to include in any Financial Year a sum expended or a liability incurred in that Financial Year shall not preclude the Landlord from
including such sum of the amount of such liability in any subsequent Financial Year, as the Landlord shall reasonably determine. 


  
 28 










	7.6	In performing its obligations contained in Clause 5,3, the Landlord shall be entitled, at its discretion, to employ agents, contractors and such other persons as it may
think fit and to delegate its duties and powers to them and their fees and expenses (including VAT) shall form part of the Expenditure. 

  

	7.7	The Landlord may, at its discretion, withhold, add to, extend, vary or make any alterations to any of the services from time to time if the Landlord shall reasonably
deem it desirable to do so for the more efficient management, security and operation of the Building, or for the comfort of the tenants in the Building. 

  

	7.8	The provisions of this clause shall continue to apply notwithstanding the expiration or Sooner determination of the Term but only in respect of the period down to such
expiration or Sooner determination, the Service Charge for that Financial Year being apportioned for the said period on a daily basis. 

  

	8.	BREAK OPTION 

  

	8.1	The Tenant shall be entitled to surrender this Lease at the Option Date subject to giving the Landlord not less than twelve calendar months notice in writing of
termination of this Lease and at the expiration of said notice the term hereby granted shall absolutely determine and the rights and obligations of the parties shall cease and have no effect but without prejudice to any claim or right that either
party may have in respect of any breach of any term of this Lease prior to the termination hereof. Time shall be of the essence in respect of the date on which the Tenant may serve any notice of termination in respect of the date of expiration of
the said notice. The parties hereto hereby further agree that the Tenant shall only be entitled to exercise this option PROVIDED no under-letting or under-lease exists as at the date of the service of the said notice by the Tenant and the
Tenant is in a position to return to the Landlord full vacant possession of the demised premises and every part thereof. 


  
 29 










	9.	FINANCE ACT CERTIFICATES 

  

	9.1	It is hereby certified that the transaction hereby effected does not form part of a larger transaction or series of transactions in respect of which (other than rent)
exceeds IR£1.00. 

  

	9.2	It is hereby further certified for the purposes of the stamping of this Instrument that this is an Instrument to which the provisions of Section 112 of the Finance
Act, 1990 do not apply for the reason that the Demised Premises constitute an existing Commercial building. 

  

	10	SECTION 29 COMPANIES ACT, 1990 

 It is hereby certified for the purposes of Section 29 of the Companies Act 1990 that the Landlord and the Tenant are not bodies corporate connected with one another in a manner which would require
this transaction to be ratified by resolution of either. 

  
 30 









 FIRST SCHEDULE 
 (Building) 
 ALL THAT the entire of the lands and premises together with the buildings
erected thereon shown for the purposes of identification only outlined in blue on the Plan number one and each and every part thereof, and all the appurtenances belonging thereto and known as the New Development, Templeogue Village, Dublin
6W, and including without prejudice to the generality of the fore going: 
  

	1.	all the Conduits and Plant in, upon, over or under and exclusively serving the same; 


 

	2.	all Landlord’s fixtures and fittings now or hereafter in or upon the same; 


 

	3.	all additions, alterations and improvements thereto; but excluding the airspace above and the ground below the Building, subject to any ground floor Tenants having fire
exits entitlements through the ground floor hall and also subject to access to the main fuse board for the building in the ground floor hall. 


  
 31 









 



 







 SECOND SCHEDULE 

(Demised premises) 
 ALL
THAT portion of the Buildings comprising of the first floor offices as outlined by way of a red verge line on Plan 2 annexed hereto together with ground floor hallway and access thereto as coloured pink on Plan 3 attached hereto all of which are
part of the new development, Templeogue Village, Dublin 6W (subject to the ground floor occupants and the Landlord having fire exit entitlements through the ground floor hall and also subject to access to the main fuse board for the building on the
ground floor hall) (being 2,200 square feet in area) and including:- 
  

	1.	The internal plaster surfaces and finishes of all structural or load bearing walls and columns therein or which enclose the same, but not any other part of such walls
and columns; 

  

	2.	the entirety of all non-structural or non-load bearing walls and columns therein; 


 

	3.	the inner half severed medially of the internal non-load bearing walls (if any) that divide the same from other parts of the Building; 


 

	4.	the floor finishes thereof [and all carpets] save that the lower limit of the Demised Premises shall not extend to anything below the floor finishes except that raised
floors and the cavity below them shall be included]; 

  

	5.	the ceiling finishes thereof, including all suspended ceilings (if any) and light fittings save that the upper limit of the Demised Premises shall not extend to
anything above the ceiling finishes except that the cavity above any suspended ceilings shall be included] 

  

	6.	all window frames and window furniture and all glass in the windows and all doors, door furniture and door frames; 


 

	7.	all sanitary and hot and cold water apparatus arid equipment and the radiators (if any) therein and all fire fighting equipment and hoses therein;


  

	8.	all Conduits therein and exclusively serving the same; 


  
 32 









 



 







 



 







 THIRD SCHEDULE 
 (Ancillary Rights) 
 The following rights and easements are demised (to the extent only that the
Landlord is entitled to make such a grant) to the Tenant to be enjoyed in common with the Landlord and the other tenants and Occupiers of the Building and tenants and Occupiers of the Adjoining Property and all other persons authorised by the
Landlord or having the like rights and easements: 
  

	1.	Subject to any existing or future regulations made by the Landlord: 

  

	1.1	the use of such of the Common Parts as shall from time to time be designated for the Tenant’s use shown coloured pink on the Plan numbered three annexed hereto for
all proper purposes in connection with the use and enjoyment of the Demised Premises; 

  

	2.	The free and uninterrupted passage and running of the Utilities to and from the Demised Premises through the Conduits which are now. or may at any time during the Term
be, in, on, under or passing through or over the Building and the Adjoining Property; 

  

	3.	The right of support and protection for the benefit of the Demised Premises as is now enjoyed from all other parts of the Building; 


  
 33 









 



 







 



 







 FOURTH SCHEDULE 

(Exceptions and Reservations) 

The following rights and easements are excepted and reserved Out of the Demised Premises to the Landlord and the tenants and Occupiers of the Building
and all other persons authorised by the Landlord or having the like rights and easements: 
  

	1.	The free and uninterrupted passage and running of the Utilities through the Conduits which are now, or may at any time during the Term be in, on, under, or passing
through Or over the Demised Premises; 

  

	2.	The right, at all reasonable times upon reasonable prior notice, except in cases of emergency, to enter (or, in cases of emergency or after the giving of reasonable
notice during the Tenant’s absence, to break and enter) the Demised Premises in order to: 

  

	2.1	inspect, cleanse, maintain, repair, connect, remove, lay, renew, relay, replace with others, alter or execute any works whatever to or in connection with the Conduits
and any other services; 

  

	2.2	execute repairs, decorations, alterations and any other works and to make installations to the Demised Premises, the Building or the Adjoining Property or to do
anything whatsoever which the Landlord may or must do under this Lease; 

  

	2.3	see that no unauthorised erections additions or alterations have been made and that authorised erections additions and alterations are being carried out in accordance
with any consent given herein and any permission or approval granted by the relevant local authority, 

 PROVIDED THAT the
Landlord or the person exercising the foregoing rights shall cause as little inconvenience as possible to the Demised Premises and shall make good, without delay, any damage thereby caused to the Demised Premises; 

 

	3.	The right to erect scaffolding for the purpose of repairing or cleaning the Building and any building now or hereafter erected on the Adjoining Property or in
connection with the exercise of any of the rights mentioned in this Schedule notwithstanding that such scaffolding may temporarily interfere with the proper access to or the enjoyment and use of the Demised Premises; 


  
 34 










	4.	The right to erect and maintain Signs on the Demised Premises and on the Building and any premises abutting the same advertising the sale or letting of any premises or
for the purposes of a planning or other application in respect of any premises. 

  

	5.	The rights of light, air, Support, protection and shelter and all other easements and rights now or hereafter belonging to or enjoyed by other parts of the Building or
by the Adjoining Property; 

  

	6.	The air space over and the ground below the Building; 

  

	7.	Full right and liberty at any time hereafter to raise the height of or make any alterations or additions or execute any other works to the Building or to any buildings
on the Adjoining Property or to erect any new buildings of any height on the Adjoining Property in such a manner as the Landlord or the person exercising the right shall think fit notwithstanding the fact that the same may obstruct, affect or
interfere with the amenity of, or access to, the Demised Premises or the passage of light and air to the Demised Premises but not so that the Tenant’s use and Occupation thereof is materially affected; 


 

	8.	The right, subject to recompensing the Tenant for any damage caused thereby, to build on or into any boundary or party wall of the Demised Premises and, after giving
not less than seven days prior written notice, to enter the Demised Premises to place and lay in, under or upon the same such footings for any intended party wall or party structure with the foundations therefore as the Landlord shall reasonably
think necessary and for such purpose to excavate the Demised Premises along the line of the junction between the Demised Premises and the other parts of the Building or the Adjoining Property and also to keep and maintain the said footings and
foundations; 

  

	9.	The right to enter the Demised Premises (in times of emergency or during fire-drills) for the purpose of obtaining access to, or using, any of the fire escapes or
routes of escape in the Building whether or not in existence at the date hereof. 


  
 35 









 FIFTH SCHEDULE 
 (Rent Reviews) 
  

	1.	Definitions 

 In this Schedule, the following
expressions shall have the following meanings: 
  

	1.1.	“Base Rate” means the annual rate of interest for the time being chargeable under Section 22 of the Courts Act, 1990. 


 

	1.2	“the Institute” means the Irish Auctioneers and Valuers Institute; 


 

	1.3	“the Law Society” means the Law Society of Ireland; 

  

	1.4	“Review Date” means each of the first day of the sixth, the eleventh, the sixteenth and the twenty-first year of the Term and any additional date notified
under clause 7 of this Fifth Schedule and “Relevant Review Date” shall be construed accordingly; 

  

	1.5	“the Reviewed Rent” means the rent agreed or determined in accordance with the provisions of this Schedule; 


 

	1.6	“the Society” means the Society of Chartered Surveyors; 

  

	2.	Upwards only rent review 

 The
rent first reserved by this Lease shall be reviewed at each Review Date in accordance with the provisions of this Schedule and, from and including each Review Date, the rent shall equal the higher of either the rent contractually payable immediately
before the Relevant Review Date or the open market rent on the Relevant Review Date, as agreed or determined pursuant to the provisions of this Schedule. 
  

	3.	Agreement or determination of the reviewed rent 

  

	3.1	 The Reviewed Rent may be agreed at any time between the Landlord and the Tenant or, in the absence of agreement, be determined not earlier than the
Relevant Review Date by an Arbitrator to be nominated, in the absence of agreement between the parties, upon the application (made not more than two calendar months before or at any time after the Review Date) of




  
 36 










	 	
the Landlord (or if the Landlord fails to make such application within twenty-eight days of being requested in writing so to do by the Tenant, then on the application of the Tenant) by either the
President of the Law Society, or the President of the Institute or the President of the Society at the discretion of the party entitled to make the application; 


 

	3.2	In the event of the President or other Officer endowed with the functions of the said President of the Law Society or the Institute or the Society, being unable or
unwilling to make the nomination therein mentioned the same may be made by the next senior Officer of the Law Society or the Institute or the Society who shall be so able and willing. 


 

	4.	The Arbitrator 

  

	4.1	All arbitrations hereunder shall be conducted in accordance with the provisions set forth in the Arbitration Act, 1954/1980. 


 

	4.2	If the Arbitrator relinquishes his appointment or dies or if it becomes apparent that for any reason he is unable or has become unfit or unsuited (whether because of
bias or otherwise) to complete his duties or if he is removed from office by Court Order, a substitute may be nominated in his place and in relation to any such nomination the procedures herein before set forth apply as though the substitution were
a nomination de novo, which said procedures may be repeated as many times as may be necessary. 

  

	5.	Determination by Arbitrator 

 The
Reviewed Rent to be determined, by the Arbitrator shall be such as in his Opinion represents at the Review Date the full open market yearly rent for the Demised Premises let as a whole without fine or premium: 

 

	 	(A)	ON THE BASIS of a letting with vacant possession thereof by a willing landlord to a willing tenant for a term (commencing on the Review Date) equal to the
greater of fifteen years or the residue then unexpired of the Term and subject to the provisions of this lease (other than as to the amount of the Initial Rent but including such of said provisions as pertain to the review of rent);



  
 37 










	 	(B)	ON THE ASSUMPTIONS that: 

  

	 	(i)	at and until the Review Date all the covenants on the part of the Tenant and the conditions contained in this Lease have been fully performed and observed;


  

	 	(ii)	in the event of the Demised Premises having been damaged or destroyed and not having been fully repaired, reinstated or rebuilt (as the case may be) such damage or
destruction had not occurred; 

 and 

 

	 	(C)	HAVING REGARD to other open market ‘rental values current at the Review Date in so far as the Arbitrator may deem same to be pertinent to the determination;


  

	 	(D)	BUT DISREGARDING any effect on letting value of:- 

  

	 	(a)	the fact that the Tenant is or has been in Occupation of the Demised Premises or any part thereof; 


 

	 	(b)	the goodwill which has attached to the Demised Premises by reason of the business carried on thereat; 


 

	 	(c)	any works executed by and at the expense of the Tenant in, on, to or in respect of the Demised Premises other than required works PROVIDED that in the
interpretation of this subparagraph (c):- 

 the expression ‘the Tenant” shall extend to and include the
Tenant or any predecessor in title of the Tenant or any party lawfully Occupying the Demised Premises or any part thereof under the Tenant and the expression “required works” mean works executed by the Tenant in pursuance of an obligation
imposed on the Tenant (i) by this Lease or by any Lease of which this Lease is a renewal (other than works which may be required pursuant to clause 4.17) OR (ii) by an Agreement for the granting of this Lease or of any Lease of which this
Lease is a renewal or by virtue of any licence or deed of variation relating to the Demised Premises. 

  
 38 










	6.	Interim payments pending determination 

  

	6.1	If the reviewed rent in respect of any period (“the Current Period”) is not ascertained on or before the Review Date referable thereto, rent shall continue to
be payable up to the Quarterly Gale Day next succeeding the ascertainment of the reviewed rent at the rate payable during the preceding period AND within seven days of such ascertainment the Tenant shall pay to the Landlord the appropriate
instalment of the reviewed rent together with any shortfall between (i) the aggregate of rents actually paid for any part of the Current Period and (ii) rent at the rate of the reviewed rent attributable to the interval between that Review
Date and such Quarterly Gale Day and together also with interest at the Base Rate on said shortfall, such interest to be computed on a day to day basis. 

  

	6.2	For the purpose of this paragraph the reviewed rent shall be deemed to have been ascertained on the date when the same shall have been agreed between the parties or, as
the case may be, on the date of the notification to the Tenant of the determination of the Arbitrator. 

  

	7.	Rent Restrictions 

 If at a
Review Date the Landlord’s right to collect, review or increase the rent as from that Review Date in accordance with this Lease is restricted or modified by law, then when such restriction or modification is removed, relaxed or modified, the
Landlord may, by giving not less than seven days’ notice in writing to the Tenant, prescribe as an additional Review Date the date of expiration of such notice and the rent payable from such additional Review Date shall be ascertained in
accordance with this Schedule. 
  

	8.	Memoranda of reviewed rent 

 As
soon as the amount of any reviewed rent has been agreed or determined, memoranda thereof shall be prepared by the Landlord or its solicitors and thereupon shall be signed by or on behalf of the Tenant and the Landlord and the Tenant shall be
responsible for and shall pay to the Landlord the stamp duty (if any) payable on such memoranda and any counterparts thereof, but the parties shall each bear their own costs if) respect thereof. 

 

	9.	Time not of the essence 

 For the
purpose of this Schedule, time is not of the essence. 

  
 39 









 SIXTH Schedule 

(Service Charge Expenditure) 
  

	1.	Repairs and maintenance 

  

	1.1	Repairing, maintaining, decorating and (where appropriate) cleaning, washing down, lighting, heating, Servicing and (as and when necessary) altering, replacing,
renewing, rebuilding and reinstating the Retained Parts; 

  

	1.2	Carpeting, furnishing and equipping the Retained Parts as the Landlord may determine including, but not limited to, the provision in the main entrance halls and lift
lobby areas of floral decorations, desks, tables, chairs and other fixtures and fittings. 

  

	2.	Plant 

 Providing, maintaining,
repairing, operating, inspecting, servicing, overhauling, cleaning, lighting and (as and when necessary) renewing or replacing all plant within the Retained Parts from time to time, including, but not limited to, all boilers and items relating to
the ventilation, heating, air conditioning and hot and cold water Systems, the lifts, lift shafts and lift motor rooms and all fuel and electricity for the same and any necessary maintenance contracts and insurance in respect thereof. 

 

	3.	Security and emergency systems 


Providing, maintaining, repairing, operating, inspecting, Servicing, overhauling, cleaning and (as and when necessary) renewing or
replacing all security and emergency systems for the Building, including, but not limited to, alarm systems, internal telephone and television systems, generators, emergency lighting, fire detection and prevention systems, any fire escapes for the
Building and all fire fighting and fire prevention equipment and appliances (other than those for which a tenant is responsible) [and any traffic barriers, car park and traffic control and security systems]. 

  
 40 










	4.	Staff 

 The provision of staff
(including such direct or indirect labour as the Landlord deems appropriate) for the day-to-day running of the installations and plant and the provision of the other services to the Building and for the general management, Operation and security of
the Building and all other incidental expenditure, including, but not limited to: 
  

	4.1	insurance, health, pension, welfare, severance and other payments, contributions and premiums; 


 

	4.2	the provision of uniforms, working clothes, tools, appliances, materials and equipment (including telephones) for the proper performance of the duties of any such
staff; 

  

	4.3	providing, maintaining, repairing, decorating and lighting any accommodation and facilities for staff, including any residential accommodation for staff employed in the
Building and all rates, gas and electricity charges in respect thereof and any actual or notional rent for such accommodation. 

  

	5.	Signs etc 

 Providing,
maintaining and renewing name boards and signs in the main entrance halls, lift lobby areas and any other parts of the Building and all directional Signs and fire regulation notices and any flags, flag poles and television and radio aerials.

  

	6.	Refuse 

 Providing and
maintaining any dustbins or other receptacles for refuse for the Building and the cost of collecting, storing and disposing of refuse. 
  

	7.	Landscaping 

 Providing and
maintaining floodlighting (if any) and any plants, shrubs, trees or garden or grassed areas in the Retained Parts. 

  
 41 










	8.	Miscellaneous items 

  

	8.1	leasing or hiring any of the items referred to in this Schedule; 

  

	8.2	interest, commission and fees in respect of any moneys borrowed to finance the provision of services and any of the items referred to in this Schedule;


  

	8.3	enforcing the covenants in any of the other leases to the Building for the general benefit of the tenants thereof as determined by the Landlord.


  

	9.	Insurance 

  

	9.1	periodic valuations of the Building for insurance purposes; 

  

	9.2	works required to the Building in order to satisfy the requirements and/or recommendations of the insurers’ of the Building: 


 

	9.3	property owner’s liability, third party liability and employer’s liability and such other insurances as the Landlord may, in its absolute discretion from time
to time, determine; 

  

	9.4	any amount which may be deducted or disallowed by the insurers pursuant to any excess provision in the insurance policy upon settlement of any claim by the Landlord.


  

	10.	Common facilities 

 Making,
laying, repairing, maintaining, rebuilding, decorating, cleansing and lighting, as the case may be, any roads, ways, fore- courts, passages, pavements party walls or fences, party structures. Conduits or other conveniences and easements whatsoever
which may belong to, or be capable of being used or enjoyed by the Building in common with any Adjoining Property. 
  

	11.	Outgoings 

 All existing and
future rates (including water rates) taxes, duties, charges, assessments, impositions and outgoings whatsoever (whether parliamentary, parochial, local or of any other description and whether or not of a capital or non-recurring nature or of a
wholly novel character) payable by the Landlord in respect of the Retained Parts or any part thereof. 

  
 42 










	12.	Statutory requirements 

 Carrying
out any works to the Building required to comply with any statute (other than works for which any tenant or Occupier is responsible). 
  

	13.	Representations 

 Taking any
steps deemed desirable or expedient by the Landlord for complying with, making representations against, or otherwise contesting the incidence of the provisions of any statute concerning planning, public health, highways, streets, drainage and all
other matters relating or alleged to relate to the Building or any part of it for which any tenant is not directly responsible. 
  

	14.	Management 

  

	14.1	The proper and reasonable fees, costs, charges, expenses and disbursements (including any VAT payable thereon) of the Landlord, the Surveyor and/or the Accountant and
any other person employed or retained by the Landlord for or in connection with Surveying and accounting functions, the performance of the services and any other duties in and about the Building or any part of it relating to the general management,
administration, security, maintenance, protection and cleanliness of the Building’. 

  

	14.2	The proper and reasonable fees and expense (including any VAT payable thereon) of the Landlord in connection with the management of the Building and any of the
functions and duties referred to in paragraph 

  

	14.1	that may be undertaken by or on behalf of the Landlord, such fees and expenses to include overheads and profits commensurate with the current market practice of
property companies providing management services. 


  
 43 










	15.	Value Added Tax 

 Value Added Tax
at the rate for the time being in force chargeable in respect of any item of expenditure referred to in this Schedule to the extent not otherwise recoverable by the Landlord. 

 

	16.	Generally 

 Any costs and
expenses (not referred to above) which the Landlord may incur in providing such other services and in carrying out such other works as the Landlord, in its absolute discretion, may deem desirable or necessary for the benefit of the Building or any
part of it or the tenants”) or occupiers thereof, or for securing or enhancing any amenity of or within the Building, or in the interests of good estate management. 
 SEVENTH SCHEDULE 
 Guarantor’s Covenants 

 

	1.	The Guarantor hereby covenants with the Landlord as a primary obligation that the Tenant or the Guarantor shall at all times during the term of ten year from the date
of commencement of this lease duly perform and observe all the covenants on the part of the Tenant contained in the Lease including the payment of rents and other monies payable under the Lease in the manner and at the times herein specified and the
Guarantor hereby indemnifies the Landlord from and against all actions, proceedings, costs, damages, expenses, claims and demands whatsoever incurred by the Landlord by reason of or arising in any way directly or indirectly out of the default by the
Tenant in the performance and observance of any of its obligations or the payment of any rent or other sum reserved under this Lease. 

  

	2.	The Guarantor acknowledges to the Landlord that the Guarantor is jointly and severally liable with the Tenant for the performance and observance of all the obligations
of the Tenant under the Lease and acknowledges that the Landlord in the enforcement of its rights hereunder may proceed against the Guarantor as if the Guarantor was named as the Tenant in this Lease. The Guarantor further waives any rights it may
have to require the Landlord to proceed against the Tenant or to pursue any other remedy whatsoever which may be available to the Landlord before proceeding against the Guarantor. 


  
 44 










	3.	The Guarantor covenants with the Landlord that the Guarantor shall not claim in any liquidation, bankruptcy, composition or arrangement of the Tenant in competition
with the Landlord and shall remit to the Landlord the proceeds of all judgements and all distributions it may receive from any liquidator or trustee in bankruptcy to the Tenant and shall hold for the benefit of the Landlord all security and rights
the Guarantor may have over any assets of the Tenant so long as the liabilities of the Tenant or the Guarantor to the Landlord remain outstanding. The Guarantor acknowledges that it shall not be entitled to participate in any security held by the
Landlord in respect of the Tenant’s obligations to the Landlord under this Lease or to stand in the place of the Landlord in respect of any such security until all the obligations of the Tenant or the Guarantor to the Landlord under this Lease
have been performed and discharged. 

  

	4.	None of the following or any combination thereof shall release, discharge or in any way affect the liability of the Guarantor as principal debtor under this Lease or
otherwise prejudice or affect the right of the Landlord to recover from the Guarantor to the full extent of this Guarantee: - 

  

	4.1	Any neglect, delay or forbearance of the Landlord in endeavouring to obtain payments of the rents or any other sums required to be paid by the Tenant or enforcing the
performance and observance of any of the obligations of the Tenant under this Lease; 

  

	4.2	Any extension of time given by the Landlord to the Tenant; 

  

	4.3	Any variation of the terms of this Lease (including any reviews of the rent payable under this Lease) or the transfers of the Landlord’s reversion or the
assignment of this Lease; 

  

	4.4	Any change in the structure or powers of either the Tenant the Guarantor or the Landlord or the liquidation or bankruptcy (as the case may be) of either the Tenant or
the Guarantor. 

  

	4.5	Any legal disability or incapacity of the Tenant or the Guarantor (whether or not known to the Landlord) or the fact that any dealings with the Landlord by the Tenant
or the Guarantor may be outside or in excess of the powers of the Tenant or the Guarantor; 

  

	4.6	Any other act, omission, matter or thing whatsoever whereby but for this provision the Guarantor would be exonerated either wholly or in part (other than a release in
writing given by or on behalf of the Landlord). 


  
 45 










	5.	The Guarantor further covenants with the Landlord that in the event of a liquidator or trustee in bankruptcy of the Tenant disclaiming or surrendering this Lease or if
this Lease shall be forfeited or if a Tenant shall cease to exist or if a Receiver is appointed over any part of the Tenant’s assets then the Guarantor shall if the Landlord by notice in writing given to the Guarantor within six months after
such disclaimer or other event so requires accept from and execute and deliver to the Landlord a new Lease of the Demised Premises for a term commencing on the date of disclaimer or other event and continuing for the residue then remaining unexpired
of the Term such Lease to be at the cost of the Guarantor and to be at the same rents (the initial annual rent being the same as that payable under the Lease at the time of any disclaimer or at the time of the happening of any event referred to
above) and subject to the same covenants, conditions and provisions as are contained in this Lease. 

  

	6.	If the Landlord shall not require the Guarantor to take a new Lease the Guarantor shall nevertheless upon demand pay to the Landlord a sum equal to the rents and other
sums that would have been payable under this Lease but for the disclaimer or other event in respect of the period from and including the date of such disclaimer or other event in respect of the period from and including the date of such disclaimer
or other event until the expiration of six months therefrom or until the Landlord shall have granted a Lease of the Demised Premises to a third party (whichever shall be the later). 


 

	7.	This Guarantee shall enure for the benefit of the successors and assigns of the Landlord under this Lease without the requirement for any assignment thereof.


  

	8.	Notwithstanding anything herein contained: 

  

	 	(a)	the Guarantors liability under this Guarantee is limited to one years outgoings, rent and rates; and 


 

	 	(b)	this Guarantee shall end on the Option Date. 


  
 46 









 IN WITNESS whereof the parties hereto have executed this Lease in the manner following and on the day
and year first above WRITTEN. 
  

							
	PRESENT WHEN THE COMMON SEAL of the LANDLORD was affixed hereunto	 		  	




		 		  	DIRECTOR
				
		  		 		  	




		  		 		  	DIRECTOR
			
	PRESENT WHEN THE COMMON SEAL of the TENANT was affixed hereunto	 		  	




		  	



	 		  	DIRECTOR
		
	SIGNED SEALED and DELIVERED by the GUARANTOR in the presence of	 	




			
		  	



	  	


  
 47 









 PLAN ONE 

  
 48 









 PLAN TWO 

  
 49 










	
	        Our Ref: PL 06S.106520
 P.A.Reg.Ref: S98A/0035
      Your Ref:
VC/SC/K04-004


  

			
	 Fenton-Simons.
 29
Fitzwilliam Place,
 Dublin 2.
	  	





 01 SEP 1998 
  

	Appeal Re:	Demolish 2-storey structure & erect a single & 2-storey structure with retail space on ground floor & office space on 1st floor.
Westbury Furniture, Templeogue Road, Templeogue Village, Co.Dublin. 

 Dear Sir/Madam, 

An order has been made by An Bord Pleanála determining the above-mentioned appeal under the Local Government (Planning and Development) Acts, 1963
to 1998. A copy of the order is enclosed. 
  

	
	Yours faithfully,
	
	




	Rita McNeico
	Clerical Assistant

  

			
	 Encl:
  
 NA 102
	 	












 AN BORD PLEANÁLA 

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACTS, 1963 TO 1998 
 County South Dublin 
 Planning Register Reference Number: S98A/0035

 APPEAL by Tony Lawless care of Boland and Associates of 8 Clyde Lane, Ballsbridge, Dublin against the decision made on the 6th day
of April, 1998 by the Council of the County of South Dublin to grant subject to conditions a permission to Port Walls Limited care of Fenton-Simons of 29 Fitzwilliam Place, Dublin for development comprising demolition of existing two-storey
structure and the construction of a single and two-storey structure with retail space on ground floor and office space on first floor at Westbury Furniture, Templeogue Road, (beside Templeogue Inn). Templeogue Village, Dublin in accordance with
plans and particulars lodged with the said Council: 
 DECISION; Pursuant to the Local Government (Planning and Development) Acts, 1963
to 1998. it is hereby decided, for the reason set out in the First Schedule hereto, to grant permission for the said development in accordance with the said plans and particulars, subject to the conditions specified in the Second Schedule hereto,
the reasons for the imposition of the said conditions being as set out in the said Second Schedule and the said permission is hereby granted subject to the said conditions. 
 FIRST SCHEDULE 
 Having regard to the location of the proposed development in an area where
the zoning objective as set out in the current development plan for the area is “to protect, provide for and/or improve local/neighbourhood centre facilities”, and the availability of public off-street car parking facilities in the area,
it is considered that the proposed development would be acceptable in terms of traffic safety and convenience and would be in accordance with the proper planning and development of the area. 

SECOND SCHEDULE 
  

	1.	Water supply and drainage arrangements, including the disposal of surface water, shall comply with the requirements of the planning authority for such works and
services. 

 Reason: In the interest of public health and to ensure a proper standard of development.

  

	2.	Prior to the commencement of development, the developer shall submit detailed proposals for the written agreement of the planning authority for,


  

	 	(1)	a revised front building line. This building line shall be situated 3 metres behind the building line set by the Templeogue Inn to the east of the front boundary of the
site, and shall then be aligned to correspond with the front building line of the adjacent shops to the west, and 

  

	 	(2)	a paving scheme for the area between the front building line and the front boundary of the site. Such works shall be carried out at the developer’s expense and in
accordance with the requirements of the planning authority. 

  
 



 

  
  

					
	PL 06S.106520	 	An Bord Pleanála	 	Page 1 of 3









 Reason: In the interests of accommodating the provision of public footpaths,
cycleways and cycle parking in the interests of traffic safety and amenity. 
  

	3.	Prior to the commencement of development, the developer shall submit proposals for the written agreement of the planning authority providing for refuge storage areas
and cycle parking facilities to be provided for each retail unit and the proposed office. 

 Reason: In the
interest of public health. 
  

	4.	Details of the materials, colours and textures of all the external finishes to the proposed development, including the design finishes and signage for the proposed
shopfronts, shall be submitted to and agreed in writing with the planning authority before the commencement of construction of the development. 

 Reason: In the interest of orderly development and the visual amenities of the area. 
  

	5.	All service cables associated with the proposed development (such as electrical, communal television, telephone and public lighting cables) shall be run underground
within the site. 

 Reason: In the interest of orderly development and the visual amenities of the area.

  

	6.	The developer shall pay a sum of money to the planning authority as a contribution towards expenditure that was and/or that is proposed to be incurred by the planning
authority in respect of public water supplies and sewerage facilities facilitating the proposed development. The amount of the contribution and the arrangements for payment shall be as agreed between the developer and the planning authority or, in
default of agreement, shall be determined by An Bord Pleanála. 

 In the case of expenditure that is
proposed to be incurred, the requirement to pay this contribution is subject to the provisions of section 26(2)(h) of the Local Government (Planning and Development) Act, 1963 generally, and in particular, the specified period for the purposes of
paragraph (h) shall be the period of seven years from the date of this order. 
 Reason: It is considered reasonable
that the developer should contribute towards the expenditure that was and/or that is proposed to be incurred by the planning authority in respect of works facilitating the proposed development. 

 
 



 

  
  

					
	PL 06S.106520	 	An Bord Pleanála	 	Page 2 of 3










	7.	The developer shall pay a sum of money to the planning authority as a contribution towards expenditure that was and/or that is proposed to be incurred by the planning
authority in respect of car parking facilities facilitating the proposed development. The amount of the contribution and the arrangements for payment shall be as agreed between the developer and the planning authority or, in default of agreement,
shall be determined by An Bord Pleanála. 

 In the case of expenditure that is proposed to be incurred, the
requirement to pay this contribution is subject to the provisions of section 26(2)(h) of the Local Government (Planning and Development) Act, 1963 generally, and in particular, the specified period for the purposes of paragraph (h) shall be the
period of seven years from the date of this order. 
 Reason: It is considered reasonable that the developer should
contribute towards the expenditure that was and/or that is proposed to be incurred by the planning authority in respect of works facilitating the proposed development. 

 

	
	




	
	 Member of An Bord Pleanála
 duly authorised to authenticate
 the seal of the Board.

	
	Dated this 31st day of August 1998.


  
 



 

  
  

					
	PL 06S.106520	 	An Bord Pleanála	 	Page 3 of 3









 SOUTH DUBLIN COUNTY COUNCIL 

COMHAIRLE CHONTAE ÁTHA CLIATH THEAS 
  

									
	  
  
 Halla an Chontae, Lár an Bhaile,
 Tamhlacht, Baile Átha Cliath 24,

 
	  	



	  		  	  
  
 PLANNING
 DEPARTMENT
 County Hall, Town Centre,
 Tallaght, Dublin 24.

 

	Telefon:	 	01-414 9000	  	  		  	Telephone: 01-414 9000
	Facs:	 	01-414 9104	  	  		  	Fax: 01-414 9104
		 		  	  	 E-Mail: planning.dept@sdublincoco.ie
 Website: www.sdcc.ie


  

					
	  
 Messrs C & E O’Reilly,

Rock Farm,
 Brittas Bay,

Co Wicklow.
	 		  	 Bonds and Contributions
 Direct Lines 01-414-9260
 Our Ref. SCN587


 9 July, 2003 
 Re: Demolition of existing two storey structure and construction of a single and 2 storey structure located at Westbury Furniture, Templeogue Rd. 

Dear Sir/Madam, 
 I wish to confirm that
condition numbers 12 and 13 of planning permission granted under An Bord Pleanala Order No. PL06S.106520(Register Reference S98A/0035), which required the payment of financial contributions, have been complied with in respect of the above
development. 
  

	
	Yours faithfully,
	
	




	for SENIOR STAFF OFFICER








 SOUTH DUBLIN COUNTY COUNCIL 

COMHAIRLE CHONTAE ÁTHA CLIATH THEAS 
  

					
	 Bosca 4122,
 Lár an
Bhaile, Tamhlacht,
 Baile Átha Cliath 24.
  

Telefon: 01-414 9000
 Facs: 01-414
9104
	 	



	 	 PLANNING

DEPARTMENT
 P.O. Box 4122,

Town Centre, Tallaght,
 Dublin 24

 
 Telephone: 01-414 9000
 Fax: 01-414 9104


 NOTIFICATION OF DECISION TO GRANT PERMISSION 

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACTS, 1963 TO 1993 

 

			
	Decision Order Number 0634	  	Date of Decision 06/04/98
		
	Register Reference S98A/0035	  	Date 23rd January 1998

  

			
	Applicant	  	Port Walls Limited,
		
	Development	  	Demolition of existing two storey structure and the construction of a single and 2 storey structure with retail space on ground floor and office space on first floor at Westbury
Furniture.
		
	Location	  	Templeogue Road, (beside Templeogue Inn), Templeogue Village, Dublin 6W.
		
	Floor Area	  	                     Sq Metres

 Time extension(s) up to and including 
 Additional Information Requested/Received              05/02/98          /09/02/98 

In pursuance of its functions under the above mentioned Acts, the South Dublin County Council, being the Planning Authority for the County Health
District of Dublin, did by Order dated as above make a DECISION TO GRANT PERMISSION in respect of the above proposal. 
 Subject
to the conditions (14        ) on the attached numbered Pages. Signed on behalf of the South Dublin County Council. 
  

					
	



	 	06/04/98
	for SENIOR ADMINISTRATIVE OFFICER

  

					
	 Fenton-Simons,
 Planning and
Development Consultants,
 29 Fitzwilliam Place,
 Dublin 2.
	 		  	






  
 Page 1 of 5









 SOUTH DUBLIN COUNTY COUNCIL 

COMHAIRLE CHONTAE ÁTHA CLIATH THEAS 
  

					
	 Bosca 4122,
 Lár an
Bhaile, Tamhlacht,
 Baile Átha Cliath 24.
  

Telefon: 01-414 9000
 Facs: 01-414
9104
	 	



	 	 PLANNING

DEPARTMENT
 P.O. Box 4122,

Town Centre, Tallaght,
 Dublin 24.

 
 Telephone: 01-414 9000
 Fax: 01-414 9104

	    REG. REF. S98A/0035	 	 	

  
  

Condition and Reasons 
  

	1	The development to be carried out in its entirety in accordance with the plans, particulars and specifications lodged with the application, save as may be required by
the other conditions attached hereto. 

 REASON: 

To ensure that the development shall be in accordance with the permission and that effective control be maintained. 

 

	2	That the building line shall be setback, so that it is set back at least 3m from the building line established at the east end by Templeogue Inn running to the front
building line of the shops at the west side of the site and involving a reduction of approx. 50sq.m. of ground floor area. 

 Revised drawings shall be submitted for written agreement with the Planning Authority (N.B. The applicant is advised to consult with the Roads Department prior to submission of any details). 

REASON: 
 To
accommodate provision of a public footpath, cycleway and cycle parking which are part of the village improvement works which will benefit the development, and to provide a satisfactory building line. 

 

	3	That the applicant shall provide facilities for parking of bicycles and a refuse bin at his own expense between the proposed premises and public footpath. Details to be
submitted for the written agreement of the Planning Authority prior to commencement of development on site. 


REASON: 
 In the
interest of public amenities and health. 

  
 Page 2 of 5









 SOUTH DUBLIN COUNTY COUNCIL 

COMHAIRLE CHONTAE ÁTHA CLIATH THEAS 
  

					
	 Bosca 4122,
 Lár an
Bhaile, Tamhlacht,
 Baile Átha Cliath 24
  

Telefon: 01-414 9000
 Facs: 01-414
9104
	 	



	 	 PLANNING

DEPARTMENT
 PO. Box 4122,

Town Centre, Tallaght,
 Dublin 24.

 
 Telephone: 01-414 9000
 Fax: 01-414 9104

	    REG. REF. S98A/0035	 	 	

  
  

	4	That a refuse storage area be provided for each unit within the premises in addition to the requirements of condition no. 3 prior to commencement of development on
site. 

 REASON: 
 In the interest of public health. 
  

	5	That the hours of delivery to the proposed premises be outside the following hours 7.30a.m. - 10.00a.m. and 3.30p.m. - 7.00p.m. Monday to Friday inclusive.


 REASON: 
 In the interest of traffic safety. 
  

	6	That the front elevation shall be constructed of/faced with red-brick which is harmonious with the village. 


REASON: 
 In the
interest of visual amenity and orderly development. 
  

	7	That the gable fronts be omitted from the development and the windows be revised to vertical proportions. Revised drawings shall be submitted for written agreement with
the Planning Authority prior to commencement of development. 

 REASON: 

In the interest of the proper planning and development of the area. 

 

	8	In respect of shopfront design the following shall apply:- 

  

	 	•	 	 all materials to be of high quality and all materials and finishes and colour schemes shall be subject to written agreement with the Planning
Authority. 


  

	 	•	 	 lettering shall be individually mounted or painted onto the fascia and all signage shall require a grant of approval by the Planning Authority or An
Bord Pleanala on appeal. 



  
 Page 3 of 5









 SOUTH DUBLIN COUNTY COUNCIL 

COMHAIRLE CHONTAE ÁTHA CLIATH THEAS 
  

					
	 Bosca 4122,
 Lár an
Bhaile, Tamhlacht,
 Baile Átha Cliath 24.
  

Telefon: 01-414 9000
 Facs: 01-414
9104
	 	



	 	 PLANNING

DEPARTMENT
 P.O. Box 4122,

Town Centre, Tallaght,
 Dublin 24

 
 Telephone: 01-414 9000
 Fax: 01-414 9104

	    REG. REF. S98A/0035	 	 	

  
  

REASON: 
 In the
interest of the proper planning and development of the area. 
  

	9	That the footpath between the building and the edge of the carriageway shall be paved to a high standard and to a pattern which is harmonious with the village
improvement scheme for the area. All works to be carried out at the applicant’s expense. Details of an acceptable pattern of paving shall be discussed and agreed in writing with the Planning Authority prior to commencement of development.


 REASON: 
 In the interest of the proper planning and development of the area. 
  

	10	That prior to commencement of development the requirements of the Principal Environmental Health Officer be ascertained and strictly adhered to in the development.


 REASON: 
 In the interest of health. 
  

	11	That the water supply and drainage arrangements, including the disposal of surface water, be in accordance with the requirements of the South Dublin County Council and
in this regard all requirements of the Environmental Services Department of the Planning Authority shall be ascertained and strictly adhered to in the development. 


REASON: 
 In
order to comply with the Sanitary Services Acts, 1878 – 1964. 
  

	12	That a financial contribution in the sum of £4,683 (four thousand six hundred and eighty three pounds) be paid by the proposer to South Dublin County Council
towards the cost of provision of public services in the area of the proposed development and which facilitate this development; this contribution to be paid before the commencement of development on the site. 


  
 Page 4 of 5









 SOUTH DUBLIN COUNTY COUNCIL 

COMHAIRLE CHONTAE ÁTHA CLIATH THEAS 
  

					
	 Bosca 4122,
 Lár an
Bhaile, Tamhlacht,
 Baile Átha Cliath 24.
  

Telefon: 01-414 9000
 Facs: 01-414
9104
	 	



	 	 PLANNING

DEPARTMENT
 P.O. Box 4122,

Town Centre, Tallaght,
 Dublin 24.

 
 Telephone: 01-414 9000
 Fax: 01-414 9104

	    REG. REF. S98A/0035	 	 	

  
  

REASON: 
 The
provision of such services in the area by the Council will facilitate the proposed development. It is considered reasonable that the developer should contribute towards the cost of providing the services. 

 

	13	That a financial contribution in the sum of money equivalent to the value of £11,000 (eleven thousand pounds) as on 1st January, 1991, updated in accordance
with the wholesale Price Index - Building and Construction (Capital Goods) as published by the Central Statistics Office to the value pertaining at the time of payment shall be paid by the proposer to South Dublin County Council towards the cost of
roads improvements and traffic management in the area of the proposed development and which facilitate this development; this contribution to be paid before the commencement of development on the site. 


REASON: 
 It is
considered reasonable that the developer should contribute towards the expenditure that was incurred and/or that is proposed to be incurred by the Council on road improvement works and traffic management schemes facilitating the proposed
development. 
  

	14	That all public services to the proposed building including electrical, telephone cables and equipment be located underground throughout the entire site.


 REASON: 
 In the interest of amenity. 

  
 Page 5 of 5