THAN THE TERMS OF THIS DEED) IN
FAVOUR OF BURDALE OF ANY FREEHOLD
13
OR LEASEHOLD OR OTHER INTEREST IN PROPERTY WHICH BECOMES VESTED IN IT AFTER THE
DATE OF THIS DEED; AND
(C)
IN ANY EVENT, IF APPLICABLE, GIVE HM LAND REGISTRY
WRITTEN NOTICE OF THIS DEED AND PROCURE THAT NOTICE OF IT BE DULY NOTED IN THE
REGISTERS TO EACH SUCH TITLE.
5.3.4
LEASE AND COVENANT
COMPLIANCE
Each Chargor shall:
(A)
PERFORM ALL THE TERMS ON ITS PART CONTAINED IN ANY
LEASE OR AGREEMENT FOR LEASE COMPRISING THE MORTGAGED PROPERTY OR TO WHICH THE
MORTGAGED PROPERTY IS SUBJECT;
(B)
NOT DO ANYTHING AS A RESULT OF WHICH ANY LEASE OR
AGREEMENT FOR LEASE COMPRISING MORTGAGED PROPERTY OR TO WHICH THE MORTGAGED
PROPERTY IS SUBJECT MAY BECOME FORFEIT OR OTHERWISE DETERMINABLE; AND
(C)
PROPERLY PERFORM (AND INDEMNIFY BURDALE FOR ANY BREACH
OF) ANY COVENANTS AND STIPULATION OF WHATSOEVER NATURE AFFECTING THE MORTGAGED
PROPERTY.
5.3.5
NOTICES
Within 10 days after the receipt by a Chargor of any application, requirement,
order or notice served or given by any public, local or other authority relating
to any Mortgaged Property, such Chargor shall:
(A)
DELIVER A COPY TO BURDALE; AND
(B)
INFORM BURDALE OF THE STEPS TAKEN OR PROPOSED TO BE
TAKEN BY WAY OF COMPLIANCE.
5.3.6
POWER TO REMEDY
In case of default by any Chargor in performing any obligation or other covenant
affecting the Mortgaged Property, each Chargor shall permit Burdale or its
agents and contractors:
(A)
TO ENTER ON THE MORTGAGED PROPERTY;
(B)
TO COMPLY WITH OR OBJECT TO ANY NOTICE SERVED ON ANY
CHARGOR RELATING TO THE MORTGAGED PROPERTY; AND
(C)
TO TAKE ANY ACTION BURDALE MAY REASONABLY CONSIDER
EXPEDIENT TO PREVENT OR REMEDY ANY BREACH OF ANY SUCH TERM OR TO COMPLY WITH OR
OBJECT TO ANY SUCH NOTICE,
provided that nothing in this sub-clause 5.3.6 (or otherwise in this Deed) shall
entitle Burdale or its agents and contractors to any action (including any
Remedial Works) relating to any notice served under or breach of any
Environmental Law (including without limitation Part II A of the Environmental
Protection Act 1990).
5.3.7
REPAIR
Each Chargor shall, and shall procure that each other Chargor shall, keep the
Premises and the Fixtures in good and substantial repair and condition and
decorative order.
14
5.4
SECURITY SHARES
5.4.1
EACH CHARGOR SHALL
FORTHWITH DEPOSIT WITH BURDALE OR AS BURDALE MAY DIRECT ALL BEARER INSTRUMENTS,
SHARE CERTIFICATES AND OTHER DOCUMENTS OF TITLE OR EVIDENCE OF OWNERSHIP IN
RELATION TO SUCH GROUP SHARES AS ARE OWNED BY IT OR IN WHICH IT HAS OR ACQUIRES
AN INTEREST AND THEIR RELATED RIGHTS AND SHALL EXECUTE AND DELIVER TO BURDALE
ALL SUCH SHARE TRANSFERS AND OTHER DOCUMENTS AS MAY BE REQUESTED BY BURDALE IN
ORDER TO ENABLE BURDALE OR ITS NOMINEES TO BE REGISTERED AS THE OWNER OR
OTHERWISE TO OBTAIN A LEGAL TITLE TO THE SAME AND, WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, SHALL DELIVER TO BURDALE ON TODAY'S DATE EXECUTED
(AND, IF