Termos e Condições Gerais

AGREED TERMS

  1. DEFINITIONS AND INTERPRETATION 1.1 The definitions and rules of interpretation in Clause 1 apply: Accessways means the roads, paths, entrance halls, corridors, staircases and other common areas at the Building the use of which is necessary to obtain access to and egress from the Designated Spaces at all times Additional Licence Fee such amount as agreed between the parties pursuant to clause 4.3 below Building all that land and building known as Caius House Youth Centre, 2 Holman Road, London SW11 3RL Designated Spaces Means 1 workstations at the date of this Licence (and including such additional workstation space as agreed pursuant to clause 4.3 below) located in one area or across areas within the Building allocated to the Licensee or such other area or areas within the Building as the Licensor may from time to time notify the Licensee in accordance with the provisions of clause 4.1 Interest Rate means the rate of 4% per year above the base lending rate of Barclays Bank plc or such other bank (being a member of the Committee of London and Scottish Bankers) as the Licensor from time to time nominates in writing to the Licensee Interest references to 'interest' are references to interest payable during the period from the date on which the payment is due to the date of the payment, both before and after any judgement, at the Interest Rate then prevailing Licence Fee the sum of £150 per workstation per calendar month or such other sum as may be decided and notified to the Licensee by the Licensor from time to time Licence Fee Commencement Date means the Licence Period Start Date Licence Period from the Licence Period Start Date until [ ] subject to earlier termination in accordance with the terms of this Licence Licence Period Start Date [ ] Permitted Use office workstation space Rights means the rights detailed in Schedule 1 VAT means value added tax or any other tax of a similar nature INTERPRETATION Any reference in this Licence to a clause without further designation is to be construed as a reference to the clause of this Licence so numbered. The clause headings do not form part of this Licence and must not be taken into account in its construction or interpretation.
  2. THE LICENCE Subject to clause 3 and clause 5, the Licensor grants the Licensee for the Licence Period in common with the Licensor and all others authorised by the Licensor so far as is not inconsistent with the rights given: 2.1 the right to use the Designated Spaces for the Permitted Use during such hours first agreed with the Licensor; 2.2 the Rights.
  3. LICENSEE'S UNDERTAKINGS The Licensee agrees and undertakes as set out in this clause 3. 3.1 Licence fee and outgoings 3.1.1 The Licensee must pay: 3.1.1.1 the Licence Fee; and 3.1.1.2 the Additional Licence Fee (if applicable) without any deduction, counterclaim or set off in advance on the first day of each calendar month. 3.1.2 If so required by the Licensor, the Licensee must pay the Licence Fee (and any Additional Licence Fee) by bankers order or credit transfer to any Licensor bank account in the United Kingdom that the Licensor nominates from time to time. 3.2 Consent for chattels The Licensee must not bring any furniture, equipment, goods or chattels (and including (without limitation) computer equipment and fax machines) into the Building without the consent of the Licensor, except as is necessary for the exercise of the rights given in clause 2. 3.3 Condition of property 3.3.1 The Licensee must keep the Designated Spaces tidy and clear of rubbish during the Licence Period and leave them in a tidy condition and free of the Licensee's equipment, goods, furniture and chattels at the end of the Licence Period. 3.3.2 The Licensee shall not cause or permit to be caused any damage (fair wear and tear excepted) to the Designated Spaces or the Building or overload any service media supplying the same. 3.3.3 In the event that any workstations, chairs or filing cabinets, equipment, goods or chattels at the Building belonging to the Licensor or any third party are damaged (fair wear and tear excepted) or destroyed by the Licensee or its employees or agents or visitors the Licensee shall pay to the Licensor within twenty-eight days of demand the reasonable cost properly incurred by the Licensor of replacing such furniture, equipment, goods or chattels or in making good such damage so caused. 3.3.4 On the expiry or termination of the Licence Period the Licensee will vacate the Designated Spaces and the Building. 3.4 Accessways The Licensee must not obstruct the Accessways, or make them untidy, or leave any rubbish on them. 3.5 Nuisance The Licensee must not use the Designated Spaces or the Accessways for any illegal or immoral purpose or in any such way as to cause any nuisance, damage, disturbance, annoyance, inconvenience or interference to the Building or to the Licensor's occupiers or users of the Building. 3.6 Signs The Licensee shall not display any sign, advertisement, name plate, inscription, flag, banner, placard, poster or notice at the Designated Spaces, or elsewhere in the Building. 3.7 Hazardous materials The Licensee shall not bring any hazardous materials into the Building. 3.8 Alterations The Licensee shall not alter the Designated Spaces, the Building or any service media at the Building. 3.9 Statutory requirements and insurance 3.9.1 The Licensee must not do anything that will or might constitute a breach of any statutory requirement affecting the Building or that will or might wholly or partly vitiate any insurance effected in respect of the Building from time to time.

3.9.2 The Licensee shall not apply for or implement any planning permission relating to the Designated Spaces and/or the Building; 3.10 Use The Licensee shall not use the Designated Spaces other than for the Permitted Use. 3.11 Indemnity The Licensee must indemnify the Licensor, and keep the Licensor indemnified, against all losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability arising in any way from the existence of or any breach of this Licence or the exercise or purported exercise of any of the rights granted in clause 2. 3.12 Rules and regulations The Licensee must observe any reasonable rules and regulations the Licensor makes and notifies to the Licensee from time to time, governing the Licensee's use of the Designated Spaces and/or the Building. 3.13 Owner's rights The Licensee must not in any way impede the Licensor, or its servants or agents, in the exercise of its rights of possession and control of the Building and each and every part of the Building. 3.14 Interest on Arrears If required by the Licensor, the Licensee must pay Interest on any of the Licence Fee (whether or not demanded) or other sums due under this agreement (subject to demand having been made to the Licensee for the same) that are not paid within fourteen days of the due date.

3.15 VAT 3.15.1 Where under this agreement the Licensee is to pay any specific sum to the Licensor, such sum shall be regarded as being exclusive of VAT (without prejudice as follows). 3.15.2 The Licensee shall pay to the Licensor VAT chargeable in respect of the Licence Fee and any Additional Licence Fee and any other payment made by or taxable supply received by the Licensee under the terms of or in connection with this agreement subject to provision of a VAT invoice addressed to the Licensee. 3.15.3 Where the Licensee has agreed to reimburse the Licensor in respect of any payment made by the Licensor under the terms of or in connection with this agreement and the subject matter of the payment does not constitute a taxable supply to which the preceding sub-clause applies, then the Licensee shall also reimburse any VAT paid by the Licensor on such payment to the extent that it is not recovered by the Licensor. 3.16 Assignment The Licensee shall not sub-license, part with or share the possession of, assign the whole or any part of the Designated Spaces whatsoever and shall not novate this agreement or any part thereof. 3.17 Storage The Licensee shall not leave or store items belonging to the Licensee on/at the Designated Spaces and shall use the lockers available to the Licensee and the Licensor shall have no liability whatsoever in relation to any damage to or theft of items left by the Licensee in the Building.

  1. CHANGES TO THE DESIGNATED SPACES 4.1 The Licensor shall be entitled to move the Designated Spaces (in whole or in part) to another part or parts of the Building on notice to the Licensee. 4.2 If the Licensee no longer requires part of the Designated Spaces then it shall notify the same to the Licensor and the Designated Spaces shall be reduced accordingly from a date agreed between the parties acting reasonably and the Licence Fee shall be reduced accordingly (as determined by the Licensor acting reasonably) and notified to the Licensee. 4.3 If the Licensee wishes to increase the Designated Spaces then the following shall apply: 4.3.1 the Licensee shall notify the Licensor as to how much the Licensee requires to increase the Designated Spaces; 4.3.2 the Licensor shall consider the Licensee's request made pursuant to clause 4.3.1 and as soon as reasonably practicable notify the Licensee whether the Licensor is in principle willing and able to offer to the Licensee additional Designated Spaces and shall advise the Licensee of the Additional Licence Fee payable in consideration of additional Designated Spaces; 4.3.3 following notification by the Licensor pursuant to clause 4.3.2 the parties shall use reasonable endeavours to agree the Additional Licence Fee and location of the additional Designated Spaces; 4.3.4 following agreement pursuant to clause 4.3.3 above the parties shall sign a memorandum and attach the same to this Licence recording the agreement reached; 4.3.5 the parties may be unable to reach agreement pursuant to clause 4.3.3 above or the Licensor may be unable to offer any additional Designated Spaces to the Licensee in which case (subject to clause 5.1.2) the provisions of this Licence relating to the Designated Spaces shall continue in full force and effect.

  2. GENERAL 5.1 Determination The Licence Period is to determine without prejudice to the Licensor's rights in respect of any breach of the undertakings contained in clause 3: 5.1.1 immediately at any time following any breach by the Licensee of its undertakings contained in clause 3; or 5.1.2 by either party giving to the other no less than 7 (seven) days written notice at any time.

  3. WARRANTY EXCLUDED The Licensor gives no warranty that the Building and Designated Spaces are legally or physically fit for the purposes specified in clause 2.

  4. LIABILITY EXCLUDED The Licensor is not to be liable for the death of, or injury to the Licensee or its employees, or for damage to any property of theirs, or for any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by them in the exercise or purported exercise of the rights granted by clause 2 save however nothing shall limit or exclude the Licensor's liability for any matter in respect of which it would be unlawful for the Licensor to exclude or restrict liability so much as the law allows.

  5. NOTICES All notices given by either party pursuant to the provisions of this Licence must be in writing, and are to be sufficiently served if delivered by hand or sent by special delivery post or other guaranteed next day delivery service, by one party to the other at its registered office or to such address as notified to the Licensor in relation to the Licensee.

  6. SERVICES The Licensor shall not be liable to the Licensee for any interruption to the supply of utilities to the Building and/or Designated Spaces.

  7. MISCELLANEOUS 10.1 The Licensee shall not be liable for any service charge, utility costs, insurance or rates payable in respect of the Building and the Designated Spaces over and above the Licence Fee save for any telephone charges and expenses. 10.2 The Licensee shall use the Licensor's equipment in the Building in accordance with the Licensor's fair use policy as notified to the Licensee from time to time. 10.3 The Licensee will make itself fully aware of the Building's fire precautions and if required to do so participate in any practice evacuations. 10.4 The Licensee shall ensure that any equipment brought onto and used in the Building complies with all health and safety rules and regulations and that any relevant equipment brought onto and used in the Building is PAT tested as required at law and complies with applicable British Standards (with the Licensee retaining all certificates available for inspection). 10.5 The Licensee will ensure that any incident is recorded in an incident book and as soon as possible will notify the Licensor of any incident that involves the Building and/or its equipment. 10.6 This Licence is not a deed and does not create a relationship of landlord and tenant.

  8. EXCLUSION OF 1954 ACT 11.1 The Licensor and the Licensee agree that the provisions of sections 24 to 28 (inclusive) of the Landlord and Tenant Act 1954 are excluded in relation to any tenancy created by this Licence. 11.2 The notice pursuant to section 38A(3)(a) of the Landlord and Tenant Act 1954 was served on the Licensee and a declaration or a statutory declaration pursuant to Schedule 2 of the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 was made (sworn) by the Licensee. 11.3 The Licensee confirms that the declaration was made by a person duly authorised by the Licensee.

SCHEDULE 1 THE RIGHTS

  1. To use at all times on foot the Accessways for access to and egress from the Designated Spaces.

  2. Use of photocopier and stationery items (paper and laminator) strictly subject to the Licensee complying with the Licensor's fair usage terms and conditions as notified to the Licensee from time to time.

  3. Use of the phone in the conference room in the Building solely for the purpose of dialling reception in the Building.

  4. Use of kitchen facilities to include use of the fridge, microwave, kettle and coffee machine as well as supply of coffee/milk subject to the Licensee complying with the Licensor's fair usage terms and conditions, as notified to the Licensee from time to time (and with the Licensee responsible for the cleaning/washing of the Licensee's own crockery and cutlery).

  5. Collection of refuse from the Designated Spaces (the Licensee to ensure that it complies with recycling procedures) and daily cleaning of the Designated Spaces.

  6. Use of lockable storage lockers as required in relation to the Licensee's use of the Designated Spaces.

  7. Use of the lift in the Building during the hours of 9am and 5pm Monday to Friday only.

  8. Use of the post room facility in the Building between the hours of 9am and 5pm Monday to Friday for the purpose of collection of post (and not packages) correctly addressed to the Licensee at the Building.

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