Example sentences of "[conj] if [adv] require " in BNC.
Next page| No | Sentence |
|---|---|
| 1 | I The seller shall prior to completion of the purchase carry out and complete in a good and workmanlike manner and with good quality materials the following works to the property , namely : J AB the [ wife ] of the seller hereby acknowledges that she has no claim to or interest in the property hereby agreed to be sold adverse to the interest of the buyer and in consideration of the buyer entering into this agreement she hereby agrees that if so required she will join in the [ conveyance ] [ transfer ] [ assignment ] [ lease ] for the purpose of vesting the said property in the buyer free from incumbrances . |
| 2 | ( 5 ) The turnover rent shall be determined by a qualified accountant ( acting as an expert ) and whose decision shall be final ( except so far as concerns matters of law ) to be appointed by the President for the time being of the Institute of Chartered Accountants in England and Wales : ( a ) if the tenant fails to supply a certificate in accordance with paragraph 3 above ( in which case the landlord 's costs of the determination and the expert 's fee shall be borne by the tenant ) or ( b ) if there shall be any dispute between the parties as to the calculation of the turnover rent ( in which case the costs of the determination and the expert 's fee shall be borne as the expert directs ) ( 6 ) Until the determination of the turnover rent for any rental year the tenant shall continue to pay rent at the rate payable immediately before the beginning of the rental year in question and upon such determination there shall be due as arrears of rent or as the case may be refunded to the tenant the difference ( if any ) between the rent paid by the tenant for that year and the rent which ought to have been paid by him for that year plus ( if the turnover rent is determined by an expert ) such amount of interest as may be directed by the expert ( 7 ) If the turnover rent for any rental year falls below £ the landlord may by notice in writing served on the tenant not more than one month after the determination of the turnover rent for that year ( time not being of the essence ) require that there be substituted for the basic rent and the turnover rent for that year the amount for which the demised property might reasonably be expected to be let on the open market at the beginning of the year in question for a term equal to the residue of this lease then unexpired and on the same terms as this lease ( save as to rent but on the assumption that the rent may be revised every five years ) there being disregarded the matters set out in section 34 of the Landlord and Tenant Act 1954 ( as amended ) and in default of agreement the said amount shall be determined by an independent surveyor ( acting as an expert not as an arbitrator ) to be appointed by the President for the time being of the Royal Institute of Chartered Surveyors whose decision shall be final and whose fee shall be borne as he directs Example 4:5 Turnover rent for theatre or cinema based on box office receipts1 ( 1 ) In this schedule : ( a ) " box office receipts " means the gross amount of all moneys payable to the tenant or any group company on the sale of tickets for theatrical cinematic or other performances in the demised property or the right to stage productions or hold conferences or other events ( whether public or private ) in the demised property and any moneys payable on the sale of programmes souvenirs or similar items ; ( i ) treating any sale by credit card as having been a sale in consideration of the net amount recoverable by the tenant from the credit card company ( ii ) treating any amount which the tenant is entitled to receive by way of grant gift or sponsorship as part of the box office receipts and ( iii ) deducting any value added tax payable by the tenant to HM Customs and Excise ( b ) " bar receipts " means the gross amount of all moneys payable to the tenant or any group company for the supply of food and drink in the demised property : ( i ) treating any sale by credit card as having been a sale in consideration of the net amount recoverable by the tenant from the credit card company ( ii ) allowing the tenant a reduction of two per cent for wastage ( 2 ) The rent payable by the tenant shall be the aggregate of : ( a ) £ … per annum ( b ) 5 per cent of the first 60 per cent of the box office receipts for any year ( c ) 10 per cent of the remainder of the box office receipts ( d ) 7.5 per cent of the bar receipts payable annually in arrear on 31 December in each year ( 3 ) The tenant shall pay on account of the rent on 1 January 1 April 1 July and 1 October : ( a ) in the first year of the term £ … by four equal instalments ( b ) in the second and every subsequent year of the term payments at the rate of the rent payable for the last preceding year of the term by four equal instalments and as soon as possible after the end of the second and each subsequent year the amounts payable for that year under paragraph 2 above shall be agreed or otherwise determined and all necessary adjustments ( whether by way further payment by the tenant or credit given by the landlord ) shall be made ( 4 ) The tenant shall : ( a ) keep full and accurate books or records of account ( b ) permit the landlord ( or a person nominated by the landlord ) to inspect the books or records of account ( but not more often than once every three months ) and if so required to provide the books or records in a readily legible form ( 5 ) ( a ) at the end of each year of the term either the landlord or the tenant may require an audit of the tenant 's books and records by an independent auditor ( acting as an expert ) to be appointed ( in default of agreement ) by the President of the Institute of Chartered Accountants in England and Wales ( b ) the auditor shall certify the amount of the box office receipts and the bar receipts for the year in question and his certificate shall be binding on the parties ( except in so far as concerns matters of law ) ( c ) the auditor has power to determine how his costs and the costs of any representations to him shall be borne |
| 3 | 5.19 Statutory notices etc To give full particulars to the Landlord of any notice direction order or proposal for the Premises made given or issued to the Tenant by any local or public authority within [ 7 ] days of receipt and if so required by the Landlord to produce it to the Landlord and without delay to take all necessary steps to comply with the notice direction or order and at the request of the Landlord but at the cost of the Tenant to make or join with the Landlord in making such objections or representations against or in respect of any notice direction order or proposal as the Landlord shall deem expedient Seven days may be too short a period , particularly if the notice is served at the premises and not forwarded to the appropriate officer of a tenant company with any great alacrity . |
| 4 | 5.22 Defective premises To give notice to the Landlord of any defect in the Premises which might give rise to an obligation on the Landlord to do or refrain from doing any act or thing in order to comply with the provisions of this Lease or the duty of care imposed on the Landlord pursuant to the Defective Premises Act 1972 or otherwise and at all times to display and maintain all notices which the Landlord may from time to time [ reasonably ] require to be displayed at the Premises The difficulty here is that this covenant could impose an unfair obligation on the tenant and it should therefore be amended as follows : To give notice to the Landlord upon becoming aware of any defect … 5.23 New guarantor Within [ 14 ] days of the death during the Term of any Guarantor or of such person becoming bankrupt or having a receiving order made against him or having a receiver appointed under the Mental Health Act 1983 or being a company passing a resolution to wind up or entering into liquidation or having a receiver appointed to give notice of this to the Landlord and if so required by the Landlord at the expense of the Tenant within [ 28 ] days to procure some other person acceptable to the Landlord [ such acceptance not to be unreasonably withheld ] to execute a guarantee in respect of the Tenant 's obligations contained in this Lease in the form of the Guarantor 's covenants contained in this Lease Although this may be perfectly fair and reasonable in that a guarantor 's covenants are expected to last during the period for which they are given , many tenants try to resist this covenant on the basis that it may be extremely difficult for the tenant to produce an alternative guarantor . |
| 5 | There should also be a limitation on the time during which the landlord can require the tenant to procure a new guarantor and the following amendment is suggested : … and if so required by the Landlord by notice to the Tenant given within 28 days of receipt of the Tenant 's notice at the expense of the Tenant within 56 days to procure some other person reasonably acceptable to the Landlord such acceptance not to be unreasonably withheld or delayed … 5.24 Landlord 's rights To permit the Landlord at all times during the Term to exercise without interruption or interference any of the rights granted to [ it ] by virtue of the provisions of this Lease The point here is to ensure that the landlord 's rights contained in the lease are not such as to cause unreasonable interference with the business being carried on at the premises . |