this part of this schedule, a Fair Proportion of the
Total Expenditure; and
Total Expenditure
the total expenditure reasonably and properly incurred by the Landlord in any
Accounting Period beginning or ending during the Term in providing the services
and undertaking the responsibility for the matters set out in Part 2 and Part 3
of this Schedule, subject to the exclusions in part 4 of this Schedule.
2
THE TENANT SHALL MAKE THE
FIRST PAYMENT OF THE INTERIM CHARGE ON THE DATE OF COMMENCEMENT OF THE TERM AND
THEREAFTER THE TENANT SHALL PAY THE INTERIM CHARGE TO THE LANDLORD BY EQUAL
QUARTERLY PAYMENTS IN ADVANCE ON THE USUAL QUARTER DAYS.
3
IF THE INTERIM CHARGE
EXCEEDS THE SERVICE CHARGE FOR THE ACCOUNTING PERIOD IN RESPECT OF WHICH IT WAS
PAID THE SURPLUS OF THE INTERIM CHARGE SO PAID OVER AND ABOVE THE SERVICE CHARGE
SHALL BE CARRIED FORWARD BY THE LANDLORD AND CREDITED TO THE ACCOUNT OF THE
TENANT IN COMPUTING THE SERVICE CHARGE IN SUCCEEDING ACCOUNTING PERIODS AS
HEREINAFTER PROVIDED OR (IN RESPECT OF THE FINAL YEAR OF THE
32
term (howsoever
determined) refunded to the Tenant within 3 months of the expiration of the term
(howsoever determined).
4
IF THE SERVICE CHARGE
EXCEEDS THE INTERIM CHARGE TOGETHER WITH ANY SURPLUS FROM THE PREVIOUS YEAR
CARRIED FORWARD AS AFORESAID THEN THE TENANT SHALL PAY THE EXCESS TO THE
LANDLORD OR ITS AGENT WITHIN 21 DAYS OF SERVICE UPON THE TENANT OF THE
CERTIFICATE REFERRED TO IN PARAGRAPH 5.
5
AS SOON AS POSSIBLE AFTER
THE EXPIRATION OF EACH ACCOUNTING PERIOD THERE SHALL BE SERVED UPON THE TENANT
BY THE LANDLORD OR ITS AGENTS AN AUDITED CERTIFICATE SUCH CERTIFICATE TO BE
FINAL AND BINDING (EXCEPT IN THE CASE OF MANIFEST ERROR) ON ALL PARTIES
CONTAINING THE FOLLOWING INFORMATION:
5.1
THE AMOUNT AND A PROPER BREAKDOWN
OF TOTAL EXPENDITURE;
5.2
THE AMOUNT OF THE INTERIM CHARGE
PAID BY THE TENANT TOGETHER WITH ANY SURPLUS CARRIED FORWARD FROM THE PREVIOUS
ACCOUNTING PERIOD;
5.3
THE AMOUNT OF THE SERVICE CHARGE
AND OF ANY EXCESS PAYABLE BY OR SURPLUS CREDITED OR REFUNDED TO THE TENANT IN
ACCORDANCE WITH THE FOREGOING PROVISIONS OF THIS SCHEDULE.
6
6.1
THE SERVICE CHARGE SHALL BE DEEMED
TO ACCRUE ON A DAY-TO-DAY BASIS IN ORDER TO ASCERTAIN YEARLY RATES AND FOR THE
ADMINISTRATIVE PURPOSES OF APPORTIONMENT IN RELATION TO PERIODS OF OTHER THAN
ONE YEAR BUT NOT FOR ANY OTHER PURPOSE.
6.2
THE SERVICE CHARGE FOR THE
ACCOUNTING PERIOD IN WHICH THE DATE OF THIS LEASE FALLS SHALL BE APPORTIONED AS
FROM THE DATE OF THIS LEASE AND THE SERVICE CHARGE FOR THE ACCOUNTING PERIOD IN
WHICH THE TERM ENDS SHALL BE APPORTIONED DOWN TO THE DATE THE TERM ENDS.
7
THE PROVISIONS OF THIS PART
OF SCHEDULE 3 SHALL CONTINUE TO APPLY NOTWITHSTANDING THE EXPIRY OR EARLIER
DETERMINATION OF THIS LEASE IN RESPECT OF ANY ACCOUNTING PERIOD THEN CURRENT.
8
THE TENANT SHALL BE
ENTITLED ONCE DURING THE PERIOD OF THREE MONTHS COMMENCING ON THE SUBMISSION OF