BE DESTROYED OR DAMAGED BY ANY OF THE
INSURED RISKS (UNLESS PAYMENT OF THE INSURANCE MONIES OR ANY PART THEREOF SHALL
BE REFUSED IN WHOLE OR IN PART BY REASON SOLELY OR IN PART OF ANY ACT OR DEFAULT
OF THE TENANT HIS AGENTS SERVANTS OR ANY OTHER PERSON UNDER HIS CONTROL AND THE
TENANT HAS NOT PAID THE PART EQUIVALENT TO THE INSURANCE MONIES WHICH HAVE BEEN
REFUSED) AND SUBJECT TO THE LANDLORD BEING ABLE TO OBTAIN NECESSARY PLANNING
CONSENTS AND ALL OTHER NECESSARY LICENCES APPROVALS AND CONSENTS (WHICH IT WILL
USE ALL REASONABLE ENDEAVOURS TO DO) TO LAY OUT THE NET PROCEEDS OF SUCH
INSURANCE (OTHER THAN FOR LOSS OF RENT PROFESSIONAL FEES COSTS OF DEMOLITION
SHORING UP AND SITE CLEARANCE WORKS AND THIRD PARTY AND PUBLIC LIABILITY RISKS)
TO REBUILD REPAIR AND REINSTATE THE BUILDING THE LANDLORD MAKING UP ANY
SHORTFALL FROM ITS OWN MONIES SAVE TO THE EXTENT THAT ANY SUCH SHORTFALL SHALL
ARISE DUE TO THE FAILURE OF THE TENANT TO COMPLY WITH ITS COVENANTS IN THIS
LEASE;
4.3
SUBJECT TO THE PAYMENT BY THE
TENANT OF THE SERVICE CHARGE TO USE ALL REASONABLE ENDEAVOURS TO CARRY OUT THE
WORKS AND PROVIDE THE SERVICES REFERRED TO IN SCHEDULE 3 PART 2 AND PART 3
SECTION A TO A FAIR AND REASONABLE STANDARD PROVIDED ALWAYS THAT THE LANDLORD
SHALL NOT BE RESPONSIBLE FOR ANY DELAY OR STOPPAGE IN CONNECTION WITH THE
PERFORMANCE OR OBSERVANCE OF SUCH OBLIGATIONS OR FOR ANY OMISSION TO PERFORM THE
SAME DUE TO ANY CAUSE OR CIRCUMSTANCES OUTSIDE THE LANDLORD'S CONTROL;
4.4
4.4.1
TO SUPPLY AT
THE WRITTEN REQUEST OF THE TENANT BUT NOT MORE THAN ONCE IN EACH YEAR OF THE
TERM EVIDENCE OF THE CONDITIONS OF INSURANCE ON THE PROPERTY AND A RECEIPT FOR
PAYMENT OF THE LAST PREMIUM OR OTHER EVIDENCE OF RENEWAL AND UP-TO-DATE DETAILS
OF THE AMOUNT OF COVER;
21
4.4.2
TO USE ITS
REASONABLE ENDEAVOURS TO PROCURE THAT THE TENANT'S INTEREST IS NOTED ON THE
POLICY OF INSURANCE (EITHER BY WAY OF GENERAL ENDORSEMENT OR SPECIFICALLY) AND
SUBJECT TO ANY EXCLUSIONS LIMITATIONS OR CONDITIONS IMPOSED BY THE INSURERS THAT
THE LANDLORD'S POLICY OF INSURANCE CONTAINS A NON-INVALIDATION CLAUSE TO THE
EFFECT THAT THE POLICY SHALL NOT BE AVOIDED BY ANY ACT OR OMISSION OR BY ANY
ALTERATION WHEREBY THE RISK OF DAMAGE OR DESTRUCTION IS INCREASED UNKNOWN TO OR
BEYOND THE CONTROL OF THE LANDLORD AND A PROVISION WHEREBY THE INSURERS AGREE TO
WAIVE ALL RIGHTS OF SUBROGATION REMEDIES OR RELIEF TO WHICH THE INSURERS MIGHT
BECOME SUBROGATED AGAINST THE TENANT (UNLESS THE LOSS HAS BEEN OCCASIONED BY OR
CONTRIBUTED TO BY THE FRAUDULENT OR CRIMINAL OR MALICIOUS ACT OF THE TENANT);
4.5
TO CARRY OUT AND COMPLETE THE
WORKS IN THE SCHEDULE OF DEFECTS ANNEXED TO THIS LEASE NO LATER THAN 5 DECEMBER
2005 TO THE TENANT'S REASONABLE SATISFACTION IN A GOOD AND WORKMANLIKE MANNER
AND WITH GOOD QUALITY MATERIALS.
5
PROVIDED ALWAYS AND IT IS
HEREBY AGREED AND DECLARED AS FOLLOWS:
5.1
NOTWITHSTANDING