Example sentences of "the whole or any part of " in BNC.
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| 1 | 5.5 shall not during or after the expiry or termination of this Agreement without the prior written consent of , use or adopt any name , trade name , trading style or commercial designation that includes or is similar to or may be mistaken for the whole or any part of any trade name , trade mark , trading style or commercial designation used by . |
| 2 | 6.4 Upon expiry or termination , for whatever reason , of this Agreement , shall return or destroy as shall instruct no later that 30 ( thirty ) days thereafter , all Licensed Software , documentation , technical information and any other data supplied to during the continuance in effect of this Agreement and all and any copies made of the whole or any part of the same and shall furnish with a certificate , certifying that the same has been done , except such supporting software , information and data which will require to continue to support the Licensed Software being the date of expiry or termination where permits to do so . |
| 3 | 8.5 In the event that any proceedings are brought against , alleging that the whole or any part of the Work constitutes an infringement of copyright or other intellectual property rights , or contains any obscene , indecent or defamatory matter , or alleging that use of the Trade Marks infringes the rights of third parties , will notify . |
| 4 | Such a burden on the State of Zambia was quite unfair and inappropriate in terms of technical resources and money requirements , so the Director of Civil Aviation invoked an adjunct to the basic rule to the effect that the State of occurrence may delegate the whole or any part of the conducting of the investigation to the State of Registry . |
| 5 | The Secretary of State may from time to time revise the whole or any part of a code of practice to which this section applies and issue that revised code ; and the foregoing provisions of this section shall apply ( with appropriate modifications ) to such a revised code as they apply to the first issue of a code . |
| 6 | ( 2 ) In any proceedings to which this section applies the court by which the proceedings were so decided may , subject to subsections ( 3 ) and ( 4 ) below , make an order for the payment by the Board to the unassisted party of the whole or any part of the costs incurred by him in the proceedings . |
| 7 | ‘ ( 1 ) In any relevant proceedings , the court may , at any time during the proceedings in that court , make an order that a party pay the whole or any part of the costs of any other party . |
| 8 | Regulation 3B(1) requires that a wasted costs order ‘ may provide for the whole or any part of the wasted costs to be disallowed or ordered to be paid and the court shall specify the amount of such costs . ’ |
| 9 | ( i ) Has there been an improper , unreasonable or negligent act or omission ? ( ii ) As a result have any costs been incurred by a party ? ( iii ) If the answers to ( i ) and ( ii ) are ‘ Yes ; ’ should the court exercise its discretion to disallow or order the representative to meet the whole or any part of the relevant costs , and if so what specific sum is involved ? |
| 10 | ‘ ( a ) the survival of the company , and the whole or any part of its undertaking , as a going concern ; … ( d ) a more advantageous realisation of the company 's assets than would be effected on a winding up . |
| 11 | ‘ ( a ) when himself in breach of contract , exclude or restrict any liability of his in respect of the breach ; or ( b ) claim to be entitled — ; ( i ) to render a contractual performance substantially different from that which was reasonably expected of him or ( ii ) in respect of the whole or any part of his contractual obligation , to render no performance at all , except in so far as the contract term [ i.e. exemption clause ] satisfies the requirement of reasonableness . ’ |
| 12 | A further provision of SI 274 extends the exemption to companies other than listed companies and those listed on specified exchanges , provided that the advertisement meets the general criteria , and consists of or is accompanied by the whole or any part of the body corporate 's annual accounts or by the directors ' report . |
| 13 | ( d ) To acquire or undertake the whole or any part of the business , goodwill , and assets of any person , firm , or company carrying on or proposing to carry on the business or any part of the business which the Company is authorised to carry on and as part of the consideration for such acquisition to undertake all or any of the liabilities of such person , firm or company , or to acquire an interest in , amalgamate with , or enter into partnership or into any arrangement for sharing profits , or for co-operation , or for mutual assistance with any such person , firm or company , or for subsidising or otherwise assisting any person , firm or company , and to give or accept by way of consideration for any of the acts or things aforesaid or property acquired , any shares , debentures , debenture stock or securities that may be agreed upon , and to hold and retain , or sell , mortgage and deal with any shares , debentures , debenture stock of securities so received . |
| 14 | ( h ) To borrow and raise money in any manner and to secure the repayment of any money borrowed , raised or owing by mortgage , charge , standard security , lien or other security upon the whole or any part of the Company 's property or assets ( whether present or future ) , including its uncalled capital , and also by a similar mortgage , charge , standard security , lien or security to secure and guarantee the performance by the Company of any obligation or liability it may undertake or which may become binding on it . |
| 15 | ( n ) To promote or form any other company for the purpose of acquiring the whole or any part of the business or property or undertaking or any of the liabilities of the Company , or of undertaking any business or operations which may appear likely to assist or benefit the Company or to enhance the value of any property or business of the Company , and to place or guarantee the placing of , underwrite , subscribe for , or otherwise acquire all or any part of the shares or securities of any such company as aforesaid . |
| 16 | ( o ) To sell or otherwise dispose of the whole or any part of the business or property of the Company , either together with or in portions , for such consideration as the Company may think fit , and in particular for shares , debentures , or securities of any company purchasing the same . |
| 17 | ( d ) To acquire or undertake the whole or any part of the business , goodwill , and assets of any person , firm , or company carrying on or proposing to carry on the business or any part of the business which the Company is authorised to carry on and as part of the consideration for such acquisition to undertake all or any of the liabilities of such person , firm or company , or to acquire an interest in , amalgamate with , or enter into partnership or into any arrangement for sharing profits , or for co-operation , or for mutual assistance with any such person , firm or company , or for subsidising or otherwise assisting any person , firm or company , and to give or accept by way of consideration for any of the acts or things aforesaid or property acquired , any shares , debentures , debenture stock or securities that may be agreed upon , and to hold and retain , or sell , mortgage and deal with any shares , debentures , debenture stock of securities so received . |
| 18 | ( h ) To borrow and raise money in any manner and to secure the repayment of any money borrowed , raised or owing by mortgage , charge , standard security , lien or other security upon the whole or any part of the Company 's property or assets ( whether present or future ) , including its uncalled capital , and also by a similar mortgage , charge , standard security , lien or security to secure and guarantee the performance by the Company of any obligation or liability it may undertake or which may become binding on it . |
| 19 | ( n ) To promote or form any other company for the purpose of acquiring the whole or any part of the business or property or undertaking or any of the liabilities of the Company , or of undertaking any business or operations which may appear likely to assist or benefit the Company or to enhance the value of any property or business of the Company , and to place or guarantee the placing of , underwrite , subscribe for , or otherwise acquire all or any part of the shares or securities of any such company as aforesaid . |
| 20 | ( o ) To sell or otherwise dispose of the whole or any part of the business or property of the Company , either together with or in portions , for such consideration as the Company may think fit , and in particular for shares , debentures , or securities of any company purchasing the same . |
| 21 | ( 7 ) You may not allow any other person to occupy the whole or any part of the premises . |
| 22 | Example 4:4 Turnover rent YIELDING AND PAYING THEREFOR by equal quarterly payments in advance on the usual quarter days : ( 1 ) the annual sum of £ ( " the basic rent " ) ; and ( 2 ) such sum as is calculated in accordance with the Schedule hereto ( " the turnover rent " ) SCHEDULE ( 1 ) In this schedule the following expressions have the following meanings : ( a ) " gross turnover " means the aggregate of all sums : ( i ) received by the tenant in return for goods supplied or services rendered in the course of any trade or business carried on by him in the demised property or partly in the demised property and partly elsewhere ; and ( ii ) payable to the tenant by any person in consideration of the use or occupation of the whole or any part of the demised property ( b ) " a rental year " means a period of twelve calendar months beginning on ( c ) " net turnover " means the gross turnover less : ( i ) any sum actually paid by the tenant to HM Commissioners of Customs and Excise by way of VAT or other tax chargeable on the supply of goods or services ; ( ii ) any sum refunded by the tenant to his customers in respect of defective or unsatisfactory goods or services ; ( iii ) per cent of any sums received by the tenant in return for services for which orders are received at the demised property but are performed wholly elsewhere ( d ) " qualified accountant " means a member of the Institute of Chartered Accountants in England and Wales ( 2 ) The turnover rent for a rental year shall be : ( a ) per cent of the net turnover for the year immediately preceding that rental year exceeding £ but less than £ and ( b ) per cent of the net turnover for the year immediately preceding that rental year exceeding £ but less than £ ( 3 ) Within one month after the beginning of each rental year ( time being of the essence ) the tenant shall deliver to the landlord a certificate signed by a qualified accountant of the tenant 's gross turnover and net turnover for the year immediately preceding that rental year . |
| 23 | Example 4:6 Rent geared to subrents receivable YIELDING AND PAYING THEREFOR by equal quarterly payments in advance on 1 January 1 April 1 July and 1 October in each year per cent of the net rents which the tenant is entitled to receive for the whole or any part of the demised property and calculated in accordance with the schedule hereto SCHEDULE ( 1 ) In this schedule the following expressions have the following meanings : ( a ) " full rack rental value " means the best rent at which the demised property ( or as the case may be the part of the demised property in question ) might reasonably be expected to be let in the open market by a willing landlord to a willing tenant ( i ) in the case of property falling within paragraph ( 2 ) below on the terms ( other than as to rent or other pecuniary consideration ) upon which it is actually occupied ( ii ) in the case of property falling within paragraph ( 3 ) below on the terms ( other than as to rent or other pecuniary consideration ) of this lease ( iii ) in the case of property falling within paragraph ( 4 ) below on the terms ( other than as to rent or other pecuniary consideration ) upon which it was last occupied and in any case disregarding the matters set out in paragraphs ( a ) and ( b ) of section 34(1) of the Landlord and Tenant Act 1954 ( as amended ) and on the assumption that the rent so determined will be revised every five years ( b ) " qualified accountant " means a member of the Institute of Chartered Accountants in England and Wales or the Association of Certified Accountants ( 2 ) If the tenant lets or permits to be occupied the whole or any part of the demised property in return for any pecuniary consideration other than the full rack rental value thereof as at the date of such letting or permission or in return for no pecuniary consideration then he shall be deemed for the purposes of this schedule to be entitled to receive the full rack rental value thereof determined as at the date of such letting or permission and redetermined as at every fifth anniversary thereof ( 3 ) If the tenant himself occupies the whole or any part of the demised property then he shall be deemed for the purposes of this schedule to be entitled to receive the full rack rental value thereof determined as at the date on which he went into occupation and redetermined as at every fifth anniversary thereof ( 4 ) If the whole or any part of the demised property remains vacant for three months or more then at the expiry of such period of three months the tenant shall until the same is next occupied be deemed to be entitled to receive the full rack rental value thereof determined as at the date upon which the said period expired and redetermined as at every fifth anniversary thereof ( 5 ) The tenant shall one month before the beginning of each quarter ( time being of the essence ) deliver to the landlord a certificate signed by a qualified accountant showing a true summary of : ( a ) the gross amount of all rents and licence fees which the tenant is entitled ( or deemed to be entitled ) to receive in respect of the demised property and each part thereof for that quarter and ( b ) the amount of any sum included in ( a ) above which the tenant is entitled to recover from any subtenant or occupier of the whole or any part of the demised property either by way of VAT or by way of service charge in respect of services or works performed or to be performed ( 6 ) Subject to paragraph ( 7 ) below the net rents shall be the difference between the two amounts shown in the said certificate ( 7 ) The net rents shall be determined by a single arbitrator to be appointed by the President for the time being of the Royal Institution of Chartered Surveyors if : ( a ) the tenant fails to deliver a certificate in accordance with paragraph ( 5 ) above ( in which case the tenant shall pay interest on the net rents at the rate of … per cent from the quarter day in question until payment ) or ( b ) any dispute or difference arises between the parties in connection with the calculation of the net rents ( in which case the arbitrator shall determine the amount of interest if any to be paid by the tenant ) ( 8 ) The tenant shall permit the landlord or his agent to inspect and take copies of the tenant 's books or account or any other document or record ( and if necessary the tenant shall procure any computer print-out ) which in the opinion of the landlord or such agent is relevant to the calculation of the net rents and shall bear the costs of such inspection if there shall be any material discrepancy between the certificate delivered by the tenant under paragraph 5 above and the results of such inspection . |
| 24 | Example 4:6 Rent geared to subrents receivable YIELDING AND PAYING THEREFOR by equal quarterly payments in advance on 1 January 1 April 1 July and 1 October in each year per cent of the net rents which the tenant is entitled to receive for the whole or any part of the demised property and calculated in accordance with the schedule hereto SCHEDULE ( 1 ) In this schedule the following expressions have the following meanings : ( a ) " full rack rental value " means the best rent at which the demised property ( or as the case may be the part of the demised property in question ) might reasonably be expected to be let in the open market by a willing landlord to a willing tenant ( i ) in the case of property falling within paragraph ( 2 ) below on the terms ( other than as to rent or other pecuniary consideration ) upon which it is actually occupied ( ii ) in the case of property falling within paragraph ( 3 ) below on the terms ( other than as to rent or other pecuniary consideration ) of this lease ( iii ) in the case of property falling within paragraph ( 4 ) below on the terms ( other than as to rent or other pecuniary consideration ) upon which it was last occupied and in any case disregarding the matters set out in paragraphs ( a ) and ( b ) of section 34(1) of the Landlord and Tenant Act 1954 ( as amended ) and on the assumption that the rent so determined will be revised every five years ( b ) " qualified accountant " means a member of the Institute of Chartered Accountants in England and Wales or the Association of Certified Accountants ( 2 ) If the tenant lets or permits to be occupied the whole or any part of the demised property in return for any pecuniary consideration other than the full rack rental value thereof as at the date of such letting or permission or in return for no pecuniary consideration then he shall be deemed for the purposes of this schedule to be entitled to receive the full rack rental value thereof determined as at the date of such letting or permission and redetermined as at every fifth anniversary thereof ( 3 ) If the tenant himself occupies the whole or any part of the demised property then he shall be deemed for the purposes of this schedule to be entitled to receive the full rack rental value thereof determined as at the date on which he went into occupation and redetermined as at every fifth anniversary thereof ( 4 ) If the whole or any part of the demised property remains vacant for three months or more then at the expiry of such period of three months the tenant shall until the same is next occupied be deemed to be entitled to receive the full rack rental value thereof determined as at the date upon which the said period expired and redetermined as at every fifth anniversary thereof ( 5 ) The tenant shall one month before the beginning of each quarter ( time being of the essence ) deliver to the landlord a certificate signed by a qualified accountant showing a true summary of : ( a ) the gross amount of all rents and licence fees which the tenant is entitled ( or deemed to be entitled ) to receive in respect of the demised property and each part thereof for that quarter and ( b ) the amount of any sum included in ( a ) above which the tenant is entitled to recover from any subtenant or occupier of the whole or any part of the demised property either by way of VAT or by way of service charge in respect of services or works performed or to be performed ( 6 ) Subject to paragraph ( 7 ) below the net rents shall be the difference between the two amounts shown in the said certificate ( 7 ) The net rents shall be determined by a single arbitrator to be appointed by the President for the time being of the Royal Institution of Chartered Surveyors if : ( a ) the tenant fails to deliver a certificate in accordance with paragraph ( 5 ) above ( in which case the tenant shall pay interest on the net rents at the rate of … per cent from the quarter day in question until payment ) or ( b ) any dispute or difference arises between the parties in connection with the calculation of the net rents ( in which case the arbitrator shall determine the amount of interest if any to be paid by the tenant ) ( 8 ) The tenant shall permit the landlord or his agent to inspect and take copies of the tenant 's books or account or any other document or record ( and if necessary the tenant shall procure any computer print-out ) which in the opinion of the landlord or such agent is relevant to the calculation of the net rents and shall bear the costs of such inspection if there shall be any material discrepancy between the certificate delivered by the tenant under paragraph 5 above and the results of such inspection . |
| 25 | Example 4:6 Rent geared to subrents receivable YIELDING AND PAYING THEREFOR by equal quarterly payments in advance on 1 January 1 April 1 July and 1 October in each year per cent of the net rents which the tenant is entitled to receive for the whole or any part of the demised property and calculated in accordance with the schedule hereto SCHEDULE ( 1 ) In this schedule the following expressions have the following meanings : ( a ) " full rack rental value " means the best rent at which the demised property ( or as the case may be the part of the demised property in question ) might reasonably be expected to be let in the open market by a willing landlord to a willing tenant ( i ) in the case of property falling within paragraph ( 2 ) below on the terms ( other than as to rent or other pecuniary consideration ) upon which it is actually occupied ( ii ) in the case of property falling within paragraph ( 3 ) below on the terms ( other than as to rent or other pecuniary consideration ) of this lease ( iii ) in the case of property falling within paragraph ( 4 ) below on the terms ( other than as to rent or other pecuniary consideration ) upon which it was last occupied and in any case disregarding the matters set out in paragraphs ( a ) and ( b ) of section 34(1) of the Landlord and Tenant Act 1954 ( as amended ) and on the assumption that the rent so determined will be revised every five years ( b ) " qualified accountant " means a member of the Institute of Chartered Accountants in England and Wales or the Association of Certified Accountants ( 2 ) If the tenant lets or permits to be occupied the whole or any part of the demised property in return for any pecuniary consideration other than the full rack rental value thereof as at the date of such letting or permission or in return for no pecuniary consideration then he shall be deemed for the purposes of this schedule to be entitled to receive the full rack rental value thereof determined as at the date of such letting or permission and redetermined as at every fifth anniversary thereof ( 3 ) If the tenant himself occupies the whole or any part of the demised property then he shall be deemed for the purposes of this schedule to be entitled to receive the full rack rental value thereof determined as at the date on which he went into occupation and redetermined as at every fifth anniversary thereof ( 4 ) If the whole or any part of the demised property remains vacant for three months or more then at the expiry of such period of three months the tenant shall until the same is next occupied be deemed to be entitled to receive the full rack rental value thereof determined as at the date upon which the said period expired and redetermined as at every fifth anniversary thereof ( 5 ) The tenant shall one month before the beginning of each quarter ( time being of the essence ) deliver to the landlord a certificate signed by a qualified accountant showing a true summary of : ( a ) the gross amount of all rents and licence fees which the tenant is entitled ( or deemed to be entitled ) to receive in respect of the demised property and each part thereof for that quarter and ( b ) the amount of any sum included in ( a ) above which the tenant is entitled to recover from any subtenant or occupier of the whole or any part of the demised property either by way of VAT or by way of service charge in respect of services or works performed or to be performed ( 6 ) Subject to paragraph ( 7 ) below the net rents shall be the difference between the two amounts shown in the said certificate ( 7 ) The net rents shall be determined by a single arbitrator to be appointed by the President for the time being of the Royal Institution of Chartered Surveyors if : ( a ) the tenant fails to deliver a certificate in accordance with paragraph ( 5 ) above ( in which case the tenant shall pay interest on the net rents at the rate of … per cent from the quarter day in question until payment ) or ( b ) any dispute or difference arises between the parties in connection with the calculation of the net rents ( in which case the arbitrator shall determine the amount of interest if any to be paid by the tenant ) ( 8 ) The tenant shall permit the landlord or his agent to inspect and take copies of the tenant 's books or account or any other document or record ( and if necessary the tenant shall procure any computer print-out ) which in the opinion of the landlord or such agent is relevant to the calculation of the net rents and shall bear the costs of such inspection if there shall be any material discrepancy between the certificate delivered by the tenant under paragraph 5 above and the results of such inspection . |
| 26 | Example 4:6 Rent geared to subrents receivable YIELDING AND PAYING THEREFOR by equal quarterly payments in advance on 1 January 1 April 1 July and 1 October in each year per cent of the net rents which the tenant is entitled to receive for the whole or any part of the demised property and calculated in accordance with the schedule hereto SCHEDULE ( 1 ) In this schedule the following expressions have the following meanings : ( a ) " full rack rental value " means the best rent at which the demised property ( or as the case may be the part of the demised property in question ) might reasonably be expected to be let in the open market by a willing landlord to a willing tenant ( i ) in the case of property falling within paragraph ( 2 ) below on the terms ( other than as to rent or other pecuniary consideration ) upon which it is actually occupied ( ii ) in the case of property falling within paragraph ( 3 ) below on the terms ( other than as to rent or other pecuniary consideration ) of this lease ( iii ) in the case of property falling within paragraph ( 4 ) below on the terms ( other than as to rent or other pecuniary consideration ) upon which it was last occupied and in any case disregarding the matters set out in paragraphs ( a ) and ( b ) of section 34(1) of the Landlord and Tenant Act 1954 ( as amended ) and on the assumption that the rent so determined will be revised every five years ( b ) " qualified accountant " means a member of the Institute of Chartered Accountants in England and Wales or the Association of Certified Accountants ( 2 ) If the tenant lets or permits to be occupied the whole or any part of the demised property in return for any pecuniary consideration other than the full rack rental value thereof as at the date of such letting or permission or in return for no pecuniary consideration then he shall be deemed for the purposes of this schedule to be entitled to receive the full rack rental value thereof determined as at the date of such letting or permission and redetermined as at every fifth anniversary thereof ( 3 ) If the tenant himself occupies the whole or any part of the demised property then he shall be deemed for the purposes of this schedule to be entitled to receive the full rack rental value thereof determined as at the date on which he went into occupation and redetermined as at every fifth anniversary thereof ( 4 ) If the whole or any part of the demised property remains vacant for three months or more then at the expiry of such period of three months the tenant shall until the same is next occupied be deemed to be entitled to receive the full rack rental value thereof determined as at the date upon which the said period expired and redetermined as at every fifth anniversary thereof ( 5 ) The tenant shall one month before the beginning of each quarter ( time being of the essence ) deliver to the landlord a certificate signed by a qualified accountant showing a true summary of : ( a ) the gross amount of all rents and licence fees which the tenant is entitled ( or deemed to be entitled ) to receive in respect of the demised property and each part thereof for that quarter and ( b ) the amount of any sum included in ( a ) above which the tenant is entitled to recover from any subtenant or occupier of the whole or any part of the demised property either by way of VAT or by way of service charge in respect of services or works performed or to be performed ( 6 ) Subject to paragraph ( 7 ) below the net rents shall be the difference between the two amounts shown in the said certificate ( 7 ) The net rents shall be determined by a single arbitrator to be appointed by the President for the time being of the Royal Institution of Chartered Surveyors if : ( a ) the tenant fails to deliver a certificate in accordance with paragraph ( 5 ) above ( in which case the tenant shall pay interest on the net rents at the rate of … per cent from the quarter day in question until payment ) or ( b ) any dispute or difference arises between the parties in connection with the calculation of the net rents ( in which case the arbitrator shall determine the amount of interest if any to be paid by the tenant ) ( 8 ) The tenant shall permit the landlord or his agent to inspect and take copies of the tenant 's books or account or any other document or record ( and if necessary the tenant shall procure any computer print-out ) which in the opinion of the landlord or such agent is relevant to the calculation of the net rents and shall bear the costs of such inspection if there shall be any material discrepancy between the certificate delivered by the tenant under paragraph 5 above and the results of such inspection . |
| 27 | Example 4:6 Rent geared to subrents receivable YIELDING AND PAYING THEREFOR by equal quarterly payments in advance on 1 January 1 April 1 July and 1 October in each year per cent of the net rents which the tenant is entitled to receive for the whole or any part of the demised property and calculated in accordance with the schedule hereto SCHEDULE ( 1 ) In this schedule the following expressions have the following meanings : ( a ) " full rack rental value " means the best rent at which the demised property ( or as the case may be the part of the demised property in question ) might reasonably be expected to be let in the open market by a willing landlord to a willing tenant ( i ) in the case of property falling within paragraph ( 2 ) below on the terms ( other than as to rent or other pecuniary consideration ) upon which it is actually occupied ( ii ) in the case of property falling within paragraph ( 3 ) below on the terms ( other than as to rent or other pecuniary consideration ) of this lease ( iii ) in the case of property falling within paragraph ( 4 ) below on the terms ( other than as to rent or other pecuniary consideration ) upon which it was last occupied and in any case disregarding the matters set out in paragraphs ( a ) and ( b ) of section 34(1) of the Landlord and Tenant Act 1954 ( as amended ) and on the assumption that the rent so determined will be revised every five years ( b ) " qualified accountant " means a member of the Institute of Chartered Accountants in England and Wales or the Association of Certified Accountants ( 2 ) If the tenant lets or permits to be occupied the whole or any part of the demised property in return for any pecuniary consideration other than the full rack rental value thereof as at the date of such letting or permission or in return for no pecuniary consideration then he shall be deemed for the purposes of this schedule to be entitled to receive the full rack rental value thereof determined as at the date of such letting or permission and redetermined as at every fifth anniversary thereof ( 3 ) If the tenant himself occupies the whole or any part of the demised property then he shall be deemed for the purposes of this schedule to be entitled to receive the full rack rental value thereof determined as at the date on which he went into occupation and redetermined as at every fifth anniversary thereof ( 4 ) If the whole or any part of the demised property remains vacant for three months or more then at the expiry of such period of three months the tenant shall until the same is next occupied be deemed to be entitled to receive the full rack rental value thereof determined as at the date upon which the said period expired and redetermined as at every fifth anniversary thereof ( 5 ) The tenant shall one month before the beginning of each quarter ( time being of the essence ) deliver to the landlord a certificate signed by a qualified accountant showing a true summary of : ( a ) the gross amount of all rents and licence fees which the tenant is entitled ( or deemed to be entitled ) to receive in respect of the demised property and each part thereof for that quarter and ( b ) the amount of any sum included in ( a ) above which the tenant is entitled to recover from any subtenant or occupier of the whole or any part of the demised property either by way of VAT or by way of service charge in respect of services or works performed or to be performed ( 6 ) Subject to paragraph ( 7 ) below the net rents shall be the difference between the two amounts shown in the said certificate ( 7 ) The net rents shall be determined by a single arbitrator to be appointed by the President for the time being of the Royal Institution of Chartered Surveyors if : ( a ) the tenant fails to deliver a certificate in accordance with paragraph ( 5 ) above ( in which case the tenant shall pay interest on the net rents at the rate of … per cent from the quarter day in question until payment ) or ( b ) any dispute or difference arises between the parties in connection with the calculation of the net rents ( in which case the arbitrator shall determine the amount of interest if any to be paid by the tenant ) ( 8 ) The tenant shall permit the landlord or his agent to inspect and take copies of the tenant 's books or account or any other document or record ( and if necessary the tenant shall procure any computer print-out ) which in the opinion of the landlord or such agent is relevant to the calculation of the net rents and shall bear the costs of such inspection if there shall be any material discrepancy between the certificate delivered by the tenant under paragraph 5 above and the results of such inspection . |
| 28 | 10.2 Subject to Condition 10.1 , we reserve the right to cancel the whole or any part of this order or any consignment on account thereof , if the same is not completed in all respects in accordance with the instructions and specifications stated in the order and with the foregoing conditions , in particular ( but without prejudice to the generality of the foregoing ) with Conditions 2.1 , 3.1 and 3.5 , compliance with which by you is of the essence . |
| 29 | In relation to defences , Ord 9 , r 7 states that a defence means any document which shows that the defendant desires to dispute the whole or any part of the plaintiff 's claim . |
| 30 | The execution creditor is required to give the balance due under the judgment or order , notifying the whole or any part of an instalment due , and stating why re-issue is necessary . |