THE PROPOSED
GUARANTOR IS A LIMITED COMPANY AND EITHER ITS ACCOUNTS FOR THE FINANCIAL YEAR
IMMEDIATELY PRECEDING THE DATE OF THE APPLICATION HAVE NOT BEEN AUDITED OR IT
HAS NOT BEEN TRADING FOR THE THREE YEARS IMMEDIATELY PRECEDING THE DATE OF THE
APPLICATION SUCH AUDITED MANAGEMENT OR OTHER ACCOUNTS AS ARE AVAILABLE FOR EACH
OF THOSE THREE YEARS AND HAS HAD A REASONABLE OPPORTUNITY TO CONSIDER THE SAME
THE PROPOSED ASSIGNEE SHALL COVENANT
WITH THE LANDLORD TO COMPLY WITH SECTION 6(1) OF THE 2002 ACT IN RESPECT OF THE
ASSIGNMENT AND INDEMNIFY AND KEEP INDEMNIFIED THE LANDLORD FROM AND AGAINST ALL
ACTIONS PROCEEDINGS COSTS CLAIMS LOSSES AND LIABILITIES ARISING AS A RESULT OF
ANY FAILURE TO DO SO
3.30.7
FOR THE PURPOSES OF SECTION
19(1A) OF THE 1927 ACT AND SECTION 16 OF THE 1995 ACT IT IS AGREED THAT ANY
CONSENT OF THE LANDLORD TO AN ASSIGNMENT OF THE WHOLE OF THE DEMISED PREMISES
SHALL BE SUBJECT TO A CONDITION THAT THE CURRENT TENANT SHALL PRIOR TO SUCH
ASSIGNMENT BEING COMPLETED EXECUTE AND DELIVER TO THE LANDLORD AN AUTHORISED
GUARANTEE AGREEMENT WHICH SHALL BE PREPARED BY THE LANDLORD'S SOLICITORS
CONTAINING COVENANTS ON THE PART OF THE CURRENT TENANT IN SUCH FORM AS THE
LANDLORD MAY REASONABLY REQUIRE AND IN COMPLIANCE WITH SECTION 16 OF THE 1995
ACT
3.30.8
IF THE LANDLORD REASONABLY SO
REQUIRES THE TENANT SHALL OBTAIN A GUARANTOR (WHO SHALL BE A PERSON WHO IS
REASONABLY ACCEPTABLE TO THE LANDLORD) FOR ANY PERSON TO WHOM THIS LEASE IS TO
BE ASSIGNED AND SUCH GUARANTOR SHALL EXECUTE AND DELIVER TO THE LANDLORD A DEED
CONTAINING COVENANTS BY THAT GUARANTOR (OR IF MORE THAN ONE JOINT AND SEVERAL
COVENANTS) WITH THE LANDLORD AS A PRIMARY OBLIGATION IN THE TERMS SET OUT IN
CLAUSE 7 (WITH ANY NECESSARY CHANGES) OR IN SUCH OTHER TERMS AS THE LANDLORD MAY
REASONABLY REQUIRE
3.30.9
WITHOUT PREJUDICE TO THE
FOREGOING PROVISIONS OF THIS CLAUSE THE TENANT SHALL NOT ASSIGN THE WHOLE OF THE
DEMISED PREMISES WITHOUT THE PRIOR WRITTEN CONSENT OF THE LANDLORD AND (SAVE IN
RELATION TO THE CIRCUMSTANCES SET OUT IN CLAUSE 3.30.5 AND THE CONDITIONS
MENTIONED IN CLAUSES 3.30.6 AND 3.30.7 WHICH SHALL HAVE EFFECT IN ACCORDANCE
WITH SECTION 19 OF THE 1927 ACT AND THE 1995 ACT) THE LANDLORD SHALL NOT
UNREASONABLY WITHHOLD OR DELAY SUCH CONSENT AND THE PARTIES HEREBY AGREE THAT IN
19
CONSIDERING WHETHER OR NOT THE LANDLORD IS REASONABLY WITHHOLDING SUCH CONSENT
DUE AND PROPER REGARD SHALL BE HAD TO THE PROVISIONS AND EFFECT OF THE 1995 ACT
3.30.10
THE LANDLORD MAY AT ANY TIME OR TIMES
DURING THE TERM ABANDON ANY OF THE CIRCUMSTANCES SET OUT IN CLAUSE 3.30.5 AND/OR
ANY OF THE CONDITIONS REFERRED TO IN CLAUSE 3.30.6 BY SERVING WRITTEN NOTICE TO
THAT EFFECT ON THE TENANT AND UPON SERVICE OF ANY SUCH NOTICE THE
CIRCUMSTANCE(S) OR CONDITION(S) THEREIN SPECIFIED SHALL BE DEEMED TO BE DELETED
FROM THIS LEASE AND OF NO FURTHER EFFECT
3.30.11
NOT TO UNDERLET THE WHOLE OF