the Monthly Charge or any other payments under this Lease shall be unpaid for 14 days after becoming payable (whether formally demanded or not);
if any covenant on the part of the Member shall not be performed or observed; or
the Member becomes bankrupt, has an Administration Order made in respect of his or her assets, has a Receiver appointed, makes an arrangement for the benefit of his or her creditors or has any distress or execution levied on his or her goods, then the Society may bring a court action to recover possession of the Premises even if any previous right to do so has been waived.
Subject to the Society obtaining any court order required the Society may at any time re-enter the Premises or any part of them and terminate this Lease.
Limitation of Society’s Liability
The Society shall not be liable for any damage suffered by the Member or any member of the Member ’s family or any employee, servant or licensee of the Member through any defect in any fixture, tank, Service Media, staircase, machinery, apparatus or thing in the Premises or through the neglect, default or misconduct of any servant employed by the Society acting outside the Society's instruction in connection with the Premises or for any damage to the Premises due to the bursting or overflowing of any tank, boiler or Service Media in the Premises except insofar as any such liability may be covered by insurance effected by the Society.
Society’s power to deal with other Premises
Notwithstanding anything contained in this Lease the Society shall have power without obtaining any consent from or making any compensation to the Member to deal as the Society may think fit with any other land, buildings or premises adjoining or near to the Premises and to erect, rebuild or heighten on such other land or premises any buildings whether such buildings shall or shall not affect or diminish the light or air which may now or at any time during the Term be enjoyed by the Member or other tenants or occupiers of the Premises.
Power to alter Communal Facilities
The Society shall have power at its discretion to alter the arrangement of the Communal Facilities provided that after such alteration the access to and amenities of the Premises are not substantially less convenient than before.
Party walls
Every internal wall separating the Premises from any other building shall be a party wall severed medially.
Suspension of rent in case of insured damage
If the whole or any part of the Premises are destroyed or damaged by fire or any other risks covered by the Society’s insurance so as to be rendered unfit for use then (unless the insurance money is irrecoverable by reason of any act or default of the Member ) the Monthly Charge or a fair proportion of it shall be suspended until the Premises are again fit for use.
Frustration clause
In the event of the repair, rebuilding or reinstatement of the Premises being frustrated by any reason beyond the control of the Society the Member so that at the end of six months from the date of the damage or destruction the Premises is still not fit for the Member’s occupation and use, either the Society or the Member may, at any time during the following six months, serve a notice to terminate this Lease. On service of such notice the Term is to end but this shall not affect any rights or remedies that may have already accrued to either party. All monies received in respect of the insurance taken out by the Society under this Lease is to belong to the Society absolutely.
Expert determination
In this Lease, where any issue is required to be dealt with by, or submitted for the determination of, an independent expert, the following provisions of this Clause 6.8 are to apply but, in case of conflict with other provisions specifically relating to expert determination elsewhere in this Lease, those other provisions are to prevail to the extent of the conflict.
The expert is to be appointed by the parties jointly, or if they cannot or do not agree on the appointment, appointed by whichever of the following is appropriate:
(a) the president from time to time of the Royal Institution of Chartered Surveyors; or
(b) the president from time to time of the Institute of Chartered Accountants in England and Wales,
or in either case the duly appointed deputy of the president, or other person authorised by him to make appointments on his behalf.
The person so appointed is to:
(a) act as an expert, and not as an arbitrator; and
(b) must afford the parties the opportunity within such a reasonable time limit as he may stipulate to make representations to him (accompanied by professional valuations, reports or other appropriate evidence in the relevant circumstances) and permit each party to make submissions on the representations of the other.
Neither the Society nor the Member may without the consent of the other disclose to the expert correspondence or other evidence to which the privilege of non-production (“without prejudice”) properly attaches.
The fees and expenses of the expert, including the cost of his nomination, are to be borne as the expert may direct (but in the absence of such a direction, by the parties in equal shares), but (unless they otherwise agree) the parties shall bear their own costs with respect to the determination of the issue by the expert.
One party may pay the costs required to be borne by another party if they remain unpaid for more than 21 days after they become due and then recover these and any incidental expenses incurred from the other party on demand.
If the expert refuses to act, becomes incapable of acting or dies, the Society or the Member may request the appointment of another expert in his stead under Clause 6.8.2.
The determination of the independent expert, except in case of manifest error, is to be binding on the Society and the Member.
Society’s Lender
The Member hereby acknowledges that he or she is aware that the Society has borrowed money to finance the Development and such loan is secured on the Land forming the Development including the Premises. The Member accepts that this Lease and his or her right to occupy the Premises is subordinate to the rights of the Society’s lender including the right of such lender to take possession of the Premises accepts that this Lease and his or her right to occupy the Premises is subordinate the rights of the Society’s mortgagee and the right of such mortgagee to take possession of the Premises in the event of default by the Society on its obligations to such mortgagee and that this Lease shall automatically terminate on such repossession. The Member agrees that, to avoid the Premises being repossessed, it is essential that he or she pays the Monthly Charge in full on its due date. The Member further accepts the responsibilities which come with membership of the Society and will contribute positively to the control and management of the Society.
Notification by Member
The Member shall notify the Society of any breach of the Society’s obligations in this Lease of which the Member becomes aware and the Society will use all reasonably endeavours to remedy the same as soon as ever possible where the Society reasonably accepts that such a breach has occurred.
Member’s Agreement
Cesser of Liability in respect of covenants
A party who was formerly the Society is to cease to be liable to perform and observe the covenants and conditions on the part of the Society contained in this Lease at and from the date of an assignment of the immediate reversion to this Lease.
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