Example sentences of "president for the time being " in BNC.
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| 1 | Example 2:5 Declaration as to party structures It is hereby agreed that : ( 1 ) one half in thickness of every internal wall floor and ceiling separating the demised property from any adjoining property is included in this demise ( 2 ) each such structure is a party structure ( 3 ) the tenant shall maintain each of them as such and shall be liable to pay a fair proportion of the cost of repairing or maintaining any such structure which shall have been incurred by any adjoining occupier or tenant or by the landlord such proportion to be determined ( in default of agreement ) by an arbitrator appointed by the President for the time being of the Royal Institution of Chartered Surveyors |
| 2 | Example 3:11 Option to renew ( 1 ) The tenant may by notice in writing served not less than six months before the date on which the term hereby granted is expressed to expire call upon the landlord for a further lease of the demised property ( " the further lease " ) provided that up to that date he has paid the rent and reasonably performed and observed his covenants ( 2 ) The further lease shall be for a term of ten years from the said date upon the same terms and conditions as this lease ( save as to rent and as to this option for renewal ) and at a rent to be agreed between the parties or in default of agreement to be determined by a single arbitrator to be appointed by the President for the time being of the Royal Institution of Chartered Surveyors ( 3 ) In determining the rent payable under the further lease the arbitrator shall have the same powers as would be enjoyed by the court determining a rent for the demised property under section 34 of the Landlord and Tenant Act 1954 and shall disregard the same matters as are therein specified ( 4 ) This option shall be of no effect if the tenant fails to register it as an estate contract within three months from the date of this lease Example 3:12 Option to renew contracted out tenancy If : ( 1 ) the tenant wishes to take a further tenancy of the demised property for a term of five years from the expiry date of the term hereby created ; and ( 2 ) the tenant gives written notice of his desire to the landlord not more than six nor less than three months before the expiry of the term ; and ( 3 ) up to the date of the notice the tenant has paid the rent and substantially performed his covenants ; and ( 4 ) the tenant joins with the landlord in making an application to the court for an order authorising the exclusion of the provisions of ss24-28 of the Landlord and Tenant Act 1954 in relation to the further tenancy ; and ( 5 ) the court makes such an order then the landlord shall let the demised property to the tenant for a term of five years from the expiry of the term hereby created at a rent to be agreed between the parties or in default of agreement to be determined by arbitration and otherwise upon the terms of this lease ( except this option for renewal ) Example 3:13 Clause negativing perpetual renewal Nothing in this clause shall entitle the tenant to renew the tenancy for any term expiring more than twenty years after the beginning of the term of this lease |
| 3 | Example 4:3 Index-linked rent : upwards only YIELDING AND PAYING the annual sum of £ … ( " the basic rent " ) payable quarterly in advance on the 25th of March the 24th of June the 29th of September and the 25th of December in each year and in addition such sum payable on each of the above dates in advance ( " the index-linked rent " ) as bears the same proportion to one quarter of the basic rent as is borne by the figure shown in the General Index of Retail Prices ( " the index " ) for the month immediately preceding the months in which payment of any particular instalment of rent is due to the figure ( which is the figure shown in that index for the month of … ) minus one quarter of the basic rent PROVIDED THAT ( 1 ) if after the date of this lease the index is calculated by reference to a different base date or base figure then the index-linked rent shall be calculated as if that change had not taken place ( 2 ) if the index ceases to be published or if for any reason it becomes impossible or impracticable to calculate the index-linked rent then either the landlord or the tenant may by notice require the rent to be thenceforth reviewed at such times and in such manner as may be agreed between them or in default of agreement be determined by a single arbitrator to be appointed by the President for the time being of the Royal Institution of Chartered Surveyors who shall have regard to market practice prevailing at the time of such notice in relation to new lettings of property of the same type as the demised property ( 3 ) in no circumstances shall the total rent payable under this lease be less than the basic rent |
| 4 | ( 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 |
| 5 | ( 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 |
| 6 | 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 . |
| 7 | [ 4.2 If by the Certificate Date the parties have been unable to agree whether any requirement of the Landlord made pursuant to clause 4.1 is reasonable the matter or matters in dispute shall be referred to a counsel to be agreed upon between the parties or failing agreement within [ 5 ] working days after the Certificate Date to one of the conveyancing counsel for the time being of the Chancery Division of the High Court of Justice [ " Counsel " ] to be nominated on the application of either party by the President for the time being of the Law Society ( or his duly appointed deputy or any other person authorised by him to make appointments on his behalf ) and Counsel shall : |
| 8 | In the event of substantial damage to or destruction of the Site or the Premises or any part of the Site or the Premises however occasioned either party hereto may determine this agreement forthwith by serving notice to that effect on the other party and in such case this agreement shall ( without prejudice to any pre-existing right of action of either party in respect of any breach by the other of its obligations under this agreement ) immediately determine and cease to have effect and neither party shall be under any further liability to the other under this agreement and any dispute or difference between the parties as to what constitutes substantial damage or destruction for the purpose of this clause shall be decided by an independent Surveyor who shall act as an expert and who shall be appointed by the President for the time being of the Royal Institution of Chartered Surveyors upon the application of either party |
| 9 | In the event of any dispute or difference between the parties hereto concerning any matter of thing arising under this agreement such dispute or difference shall be referred to an independent surveyor agreed between the parties hereto or in default of agreement to a surveyor appointed for the purpose on the application of either party by the President for the time being of the Royal Institution of Chartered Surveyors who shall act as an arbitrator pursuant to the Arbitration Acts 1950 to 1979 or any statutory re-enactment thereof for the time being in force |
| 10 | 7.5.2 When the circumstances contemplated in clause 7.5.1 arise the Rent [ and Service Charge ] or a fair proportion of the Rent [ and Service Charge ] according to the nature and the extent of the damage sustained shall cease to be payable until the Premises or the Retained Parts or the damaged parts of either of them shall have been rebuilt or reinstated so that the Premises or the affected part are made fit for occupation or use [ or until the expiration of [ 3 ] years from the destruction or damage whichever period is the shorter ] [ ( the amount of such proportion and the period during which the Rent [ and Service Charge ] shall cease to be payable to be determined by the Surveyor acting as an expert and not as an arbitrator ) or ( any dispute as to such proportion or the period during which the Rent [ and Service Charge ] shall cease to be payable to be determined in accordance with the Arbitration Acts 1950 to 1979 by an arbitrator to be appointed by agreement between the parties or in default by the President for the time being of the Royal Institution of Chartered Surveyors upon the application of either party ) ] This provision should always be amended to include reference not only to the premises but also to the building of which the premises form part in the event that the premises do not stand alone . |
| 11 | 7.5.2 When the circumstances contemplated in clause 7.5.1 arise the rents or a fair proportion of the rents according to the nature and the extent of the damage sustained shall cease to be payable until the date which falls 3 months after the date when the Premises with essential accesses and services are again rendered fit for occupation and use and a due proportion of the rents paid in advance shall be refunded to the Tenant any dispute as to such proportion or the period during which the rents shall cease to be payable to be determined in accordance with the Arbitration Acts 1950 to 1979 by an arbitrator to be appointed by agreement between the parties or in default by the President for the time being of the Royal Institution of Chartered Surveyors upon the application of either party |
| 12 | Nevertheless , there is no harm in a tenant trying for a compromise and the following provision ( adapted for adding to the above amendment to clause 7.6.2 ) could be considered : AND upon cesser of the Term by notice hereunder the insurance money shall in respect of the destruction or damage of the Premises under the policy maintained under this clause [ 7 ] be divided between the Landlord and the Tenant according to the value at the date of the destruction or damage of their respective interests in the Premises ( to be determined in default of agreement by a single arbitrator to be appointed by the President for the time being of the Royal Institution of Chartered Surveyors on the application of either party ) |