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New Leasing - Poland, (1. How to start the process, [1. S25 notice by…

- - - - 1. Type of Index
        [1. CPI]
        [2. Mulcp]
  - - - 1. Monthly
        [1. DS Smith Preference]
      - 2. Quarterly
        [1. Ds Smith Fallback]
      - 3. Specify other frequency in the notes
  - - - 1. Type of turnover rent
        [1. Is it pure turnover rent]
        [2. Is it a base rent and top-up]
      - 2. When is it paid
        [1. In arrears]
        
        2. In advance/on account
        [3. Disputes]
        
        2. How much
        [Specify amount in notes]
        
        1. When
        [1. Monthly]
        [2. Quarterly]
        [3. Specify other period]
      - 3. When is it booked/triggered
        [1. When goods or services are ordered]
        
        2. When goods or services are paid for
        [1. In full]
        [2. On deposit]
        [3. In instalments]
    - - 3. Examples
        
        3. Examples for other types of premises
        [Check your precedence as there are many!]
        
        1. Examples for retail
        [Check your precedence as there are many!]
        
        2. Examples for food and drink
        [Check your precedence as there are many!]
    - - 4. Fixed duration
        [1. Specify calendar date when it ends in notes]
        [2. Or specify how long it should last in notes]
      - 1. Assignment
        [1. Does this automatically end the arrangement]
        [2. Is there an offer back?]
      - 2. Underlease
        [1. Does this automatically end the arrangement]
        [2. Is there an offer back?]
      - 3. The brand in store changes
        [1. Clear and apparent change]
        [2. Assignment to a group company]
        [3. Specify other type of change in notes]
    - - 1. Process for establishing the on account turnover
        [1. Tenant to check]
        [2. Landlord to check]
        [3. Disputes]
      - 2. What should the Tenant's certificate contain
        [1. Number of days open]
        [2. Number of days shut]
        
        3. Turnover received
        [1. Daily]
        [2. Weekly]
        [3. Monthly]
        [4. Specify other in notes]
      - 3. Process for the annual reconciliation
        
        1. When must the Tenant deliver details
        [1. One month after]
        [2. Three months after]
        [3. Specify other period in notes]
        
        3. Who calculates the annual turnover
        [1. Landlord]
        [2. Tenant]
        
        2. Who certifies the Tenant's reconciliation
        [1. Tenant]
        [2. Landlord]
        [3. Disputes to an independent third party]
      - 4. On account periods
        [1. Weekly]
        [2. Monthly]
        [3. Quarterly]
        [4. Specify other in notes]
      - 5. Keeping records
        [3. Inspecting records]
        
        1. Who keeps them
        [1. Landlord]
        [2. Tenant]
        
        2. For how long must they be kept?
        [1. 12 month after turnover period]
        [2. 24 month after turnover period]
        [3. 36 month after turnover period]
        [4. Specify other in notes]
    - - 4. Returned goods
        [1. Defective]
        [2. Not defective but customer requires an alternative]
      - 1. Deductions from the "price"
        [1. Bad debts]
        [2. Discounts]
        [3. Commissions]
        [4. VAT]
      - 2. Costs of doing business
        [1. Customer incentives]
        [2. Interest charges]
        [3. Credit charges]
      - 3. Faulty goods/services
        [1. Defective]
        [2. Not defective but customer requires an alternative]
  - - - 1. Is it a simple start date
        [1. Specify how many weeks/months in notes]
        [2. Specify calendar date when it starts in notes]
      - 2. Is it triggered by an event
        [Specify the event in notes above]
    - - 2. Must it be used for something?
        [1. For fit-out]
        [2. Specify anything else in notes]
      - 3. When is it paid
        [1. On signing the agreement for lease if relevant]
        [2. On the agreement for lease going unconditional]
        [3. On starting any works e.g. fit-out works]
        [4. On signing the lease]
        [5. Specify anything else in notes]
      - 1. Is it repayable?
        [Specify the repayment events in notes]
  - - - 1. Guarantor
        
        1. Extent of the Guarantor's liability
        [1. Just financial covenants]
        [2. All covenants]
        
        [3. What happens on forfeiture]
        [1. Must the guarantor take a new lease]
        
        2. Or must it just make payments
        [1. Must it pay just the main rent]
        [2. Must it pay the main rent plus other sums]
        [3. Specify how many months in the notes]
        
        2. Preserving the Guarantor's liability
        [1. If the Tenant is initially incapable]
        [2. If the Tenant restructures itself]
        [3. If you fail to enforce the lease covenant]
        [5. If there is a lease variation]
        
        4. If the Guarantor goes insolvent
        [2. Tough luck]
        [1. Tenant to find a new Guarantor]
      - 2. Rent deposit
        [4. Is it Tenant money]
        [3. Is it Landlord money]
        [6. Who gets the interest]
        [5. Is it plus VAT]
        [1. Is it for rent only]
        [2. Is it for other sums]
      - 4. Letter of credit
        [1. On demand]
        [2. Evergreen]
        [3. Specify other terms in the notes]
      - 3. Bank guarantee
        [Specify terms in the notes]
    - - 3. The passing of time
        [Specify the number of years in notes]
      - 1. When the tenants financial position improves
        [1. Net asset test]
        [2. Net profit test]
        [3. Ratings test]
        [4.Specify other improvement events in notes]
      - 2. Other events
        [1. Assignment]
        [2. Specify other events in notes]
  - - - 3. Payment regime, accounting and administration
        [1. Credit any over-payments. Annualise any under payments]
        [2. Disputes regime]
        
        6. Can Landlord charge unexpected payments
        [1. On notice]
        [2. Only if on account payments are allowed]
        
        5. Reckoning up after service charge year
        [1. Within 3 months]
        [2. Within 6 months]
        [3. Within 9 months]
        [4. Specify other period in notes]
        
        4. Payment frequency
        [1. Monthly]
        [2. Quarterly]
        [3. Specify other frequency in notes]
        
        3. Evidencing costs
        [1. Can the Tenant inspect]
        [2. Can the Tenant query]
        [3. Must receipts be provided on request]
      - 1. Allocating the Tenant's share
        [1. Fair proportion]
        [2. Fixed proportion]
        [3. Subsequent variations]
        
        3. Things affecting proportion
        [1. Degree of benefit]
        [2. Floor area]
        [3. Weightings]
        [4. Specify anything else in notes]
      - 2. Landlord's obligation to provide services
        
        1. Strength of the obligation
        [1. Absolute]
        [3. In accordance with good estate management]
        [4. Efficiently]
        
        2. Endeavours
        [1. Reasonable]
        [2. All reasonable]
        [3. Best]
        [4. Specify other type of endeavours in notes]
        
        2. Qualifications to the obligation
        [3. Changing the way you provide the services]
        [1. Core/non-core services]
        
        2. Changes to the services
        [1. Vary the services]
        [2. Reduce the services]
        [3. Add to the services]
        [4. Specify anything else in notes]
        
        4. Events affecting the services
        [1. Supervening events]
        [2. Temporary suspensions]
      - 6. Types of services
        [1. Administration of the services]
        [4. The people or equipment to provide the services]
        [5. Accommodation for people or equipment to provide the services]
        
        2. Finance charges to fund the services
        [1. General ability to finance]
        [2. Only if the Landlord cannot charge on account payments?]
        
        3. The services themselves
        
        1. For the Building
        [1. MCL definition]
        [2. Specify any changes to the MCL in notes]
        
        2. For the Estate/Centre
        [1. MCL definition]
        [2. Specify any changes to the MCL in notes]
      - 4. Service charge exclusions
        
        2. Revenue costs
        [2. Collecting rent]
        [3. Reviewing rent]
        [4. Voids]
        [5. Unrecovered costs from other tenants]
        [1. Advertising the Landlord's asset]
        
        1. Capital costs
        [5. Additions and extensions]
        [3. Insured risks damage]
        [1. Capital costs of constructing the building]
        [2. Improvements to the Landlord's asset instead of the services]
        [4. Uninsured risks damage]
        [6. Reductions and removals]
    - - 5. Insurance valuations
        [Tenant to pay "normal" valuation frequency]
        
        Type of valuation
        [Desk top]
        [Full valuation]
        
        How frequently
        [Not more than annually]
        [Not more than every 2 years]
        [Not more than every 3 years]
        [Other - please specify in notes]
      - 1. Insurance premium
        [1/ Fair proportion (of a larger sum)]
        [2. Insurance commissions]
        [3. Value for money]
      - 4. Excesses, limitations and exclusions
        [1. Whatever the Insurer imposes]
        [2. Fair in the context of other policy benefits]
        [3. Normal for this type of building]
      - 3. Extra costs caused by the Tenant
        [1. Tenant pays for amounts it causes to be refused]
        [2. Tenant pays for extra premium due to its works or use]
      - 2. Loss of rent/other sums
        [Main Rent]
        [Other sums]
    - - 2. Obligation to provide a VAT invoice
        [2. Rely on statute]
        [1. Contractual obligation in the lease]
    - - 2. Amount of costs
        [1. Costs]
        [2. Breach of contract costs]
        [3. End of term costs]
        
        1. Costs
        [Reasonable and proper costs]
        [Reasonable costs]
        [Internal costs]
        [Out of pocket/incurred costs]
        [Reasonably and properly incurred]
        [Reasonably incurred]
        [Properly incurred]
      - 1. Type of costs
        [1. Applications for consent]
        [2. Breach of lease]
        [3. End of term/dilapidations]
        [4. Specify other costs in notes]
- - - - 2. External structural
        
        2. New occupational structures
        [New buildings]
        
        3. Non-occupational structures
        [2. Canopies]
        [4. Notice boards]
        [1. Balconies]
        [5. Storage areas]
        [3. Cycle racks]
        [6. Weather protection/smoker's area]
        [7. Specify anything else in notes]
        
        1. Is air space around the demise excluded?
        [1. Above it]
        [2. Below it]
        [3. Around it]
      - 3. Internal structural
        
        1. "Major"
        [3. New pedestrian accesses]
        [2. New conduits]
        [4. New plant room]
        [1. New accesses/connections through floors]
        [5. Specify anything else in notes]
        
        2. "Minor"
        
        2. Connecting to structure
        [1. With consent]
        [2. Without consent]
        [3. Specify anything else in notes]
        
        1. Connecting to plant/conduits
        [1. With consent]
        [2. Without consent]
        [3. Specify anything else in notes]
      - 1. External non-structural
        [2. Plant and plant rooms]
        [1. Cabling]
        [4. Telecoms]
        [3. Risers/supply runs]
      - 4. Internal non-structural
        [2. Partitioning]
        [4. Shelving]
        [1. Consequential connections to the structure]
        [3. Risers/supply runs]
      - 5. New buildings
        [2. New occupational buildings]
        [3. Has the airspace around the demise been excluded]
        
        1. Non-occupational structures
        [2. Canopies]
        [4. Notice boards]
        [1. Balconies]
        [5. Storage areas]
        [3. Cycle racks]
        [6. Weather protection/smoker's area]
        [7. Specify anything else in notes]
      - 6. Can they be seen from the outside
        [2. If so are they prohibited?]
        [1. If so are they allowed with reasonable consent?]
    - - 1. Consent process
        [3. Reasonable consent for the works]
        [1. Absolute discretion]
        [4. Reasonable consent subject to pre-conditions]
        [2. No consent needed]
      - 3. Effect on building management etc. systems
        [1. Any effect is prohibited]
        [2. Or only adverse effects]
        [3. Or only materially adverse effects]
        [4. Or only significant effects]
        [5. Specify combination, or other effect, in notes]
      - 4. Effect on existing warranties/guarantees
        [1. Do nothing that affects them]
        [2. Get prior confirmation that proposed works are ok]
      - 2. Form of the consent
        [1. Licence Deed]
        [2. Letter Licence]
        [3. Email]
        [4. Specify other form in the notes]
      - 5. Process for doing the works
        
        1. Plans and specifications of the works
        
        3. As the works progress
        [Specify what you want in the notes]
        
        1. Before the works start
        [1. Outline plans and specifications]
        [2. Detailed plans and specifications]
        [3. Specify anything else in notes]
        
        2. After the works have been finished
        [1. As-built drawings]
        [2. Updated health and safety file]
        [3. Specify anything else in notes]
        
        2. Typical Tenant covenants
        [2. Diligently]
        [7. Do not use prohibited/deleterious materials]
        [4. Do not cause legal nuisance]
        [3. Do not cause interruptions]
        [5. Do not cause damage]
        [6. Do not invalidate warranties or third party rights]
        [1. Good and workmanlike manner etc.]
        
        3. Documents specifying how the works must be done
        [1. Drawings]
        [2. Occupier regulations]
        [3. Planning permission]
        [4. Other statutory requirements]
        [5. Specify anything else in notes]
      - 6. Reinstatement
        [4. The MCL says this]
        
        1. Obligation to reinstate
        [1. Landlord can require everything to be reinstated]
        [2. Landlord can only require reasonable reinstatement]
        [3. Landlord can require environmental improvements to remain]
        
        2. Reinstatement process
        [1. Leave the decision to be made during lease term]
        [2. Set out timetable now]
        
        3. Reinstatement nuances
        [1. Alterations which have improved the building]
        [2. Alterations which have improved the environmental performance]
        [3. Specify pre-agreed non-reinstatable items in notes]
        [4. Specify anything else in notes]
    - - 1. Reinstatement obligations
        [1. Landlord must reasonably require reinstatement]
        [2. Landlord can absolutely require reinstatement]
      - 2. Reinstatement process
        [1. Decision to be made before the Lease ends]
        [2. Specify any alternative pre-agreed timetable in notes]
      - 3. Reinstatement improvements
        Landlord can require Tenant to leave alterations behind]
        [Tenant can leave alterations which improve the building]
  - - - 5. Administrative matters
        
        3. Pay the Landlord a registration fee
        [1. £100]
        [2. Specify other amount in notes]
        
        1. Give the Landlord details of the disposal
        [1. Within 1 month]
        [2. Within 2 months]
        [3. Specify other period in notes]
        
        2. Details to include
        [1. Hard copies]
        [2. Electronic copies]
        [3. Certified copies]
      - 4. Other types of disposal
        [1. Only dispose to the extent allowed by the lease]
        
        3. Charging
        
        1. No control
        [1. No need to notify]
        [2. Must notify but no control]
        
        2. Consent
        [1. Reasonable consent]
        [2. Specify other consent arrangement in notes]
        
        3. What can be charged
        [1. Can you charge the whole]
        [2. Can you charge part]
        [3. Floating charges]
        [4. MCL - genuine lending institution]
        
        2. Change of control?
        [2. Specify change of control arrangements in notes]
        [1. No limit on change of control]
      - 1. Assignment
        
        2. Assignment of part
        [1. Is it always prohibited]
        [2. If allowed, specify when]
        
        1. Assignment of whole
        
        1. Allowed with reasonable consent
        [Landlord's reasonable opinion]
        [Purely objective test (MCL)]
        
        2. Not allowed at all
        [1. Is it always prohibited]
        
        2. Is there an initial "lock-in"
        [Specify initial lock-in period in notes]
        
        4. Conditions to the assignment
        [5. Rent deposit]
        
        1. AGA if reasonably required (MCL)
        [1. Automatic AGA]
        [2. AGA if reasonably required (MCL)]
        
        2. Guarantor
        [1. Automatic guarantor]
        [2. Guarantor if reasonably required]
        
        3. Payment of sums under the Lease
        [1. Payment of main rent]
        [2. Payment of other rents]
        [3. Payment of other sums]
        [4. Specify any other payments in notes]
        
        4. Existing breaches
        [1. Remedy any existing breach]
        [2. Remedy any existing remediable breach]
        
        5. Initial "must stay" assignment period
        [1. Can the Tenant assign straight away]
        
        2. Must the Tenant stay for an initial period
        [1. Must stay for 1 year]
        [2. Must stay for 2 years]
        [3. Must stay for 3 years]
        [4. Must stay for 4 years]
        [5. Specify other period in notes]
        
        3. Circumstances for an assignment
        
        1. Circumstances where assignment is allowed
        [1. Where the assignee can perform the lease covenants]
        [3. Any reasonable circumstances]
        
        2. Ratings Test
        
        1. Accounts Test
        
        1. Profit of x times passing rent
        [1.Is it 10]
        [2.Is it 5]
        [3. Specify other multiple in notes]
        
        2. NAV of x times passing rent
        [1.Is it 10]
        [2.Id it 5]
        [3. Specify other multiple in notes]
        
        3. For how many years
        [1.Is it 3]
        [2.Is it 5]
        [3. Is it 10]
        [3. Specify other period in notes]
        
        3. Ratings Agency Tests
        [1. Moody Investment Grade Baa1]
        [2. S&P BBB+]
        [3. Fitch BBB+]
        
        2. Equivalence Test
        [1. A covenant status equivalent to a rating]
        
        2. Other substantial bodies
        [1. Government body]
        [2. Landed estate]
        [3.(reputable) Sovereign Wealth Fund]
        [4. (reputable) family office]
        [5. (reputable) Trust]
        [6. Specify other in notes above]
        
        2. Circumstances where assignment is not allowed
        [1. Assignee has diplomatic immunity]
        [2. Assignee is an existing guarantor (MCL)]
        [3. Specify other prohibited assignees in notes]
      - 2. Underletting
        
        1. Underletting Whole
        [1. Allowed with reasonable consent]
        [2. Never allowed]
        
        4. Inside or outside 1954 Act
        [1. Landlord and Tenant Act protection]
        [2. No Landlord & Tenant Act protection]
        
        2. Underletting Part
        
        3. Permitted part
        [2. Must the split result in occupiable areas]
        [3. Must the split not overload services etc.]
        [4. Is it just any part the Landlord approves]
        [5. Must it have independent access and servicing?]
        
        1. Are there pre-agreed areas
        [1. Is it a whole floor of the demise]
        [2. Is it parts of the floor of the demise]
        [3. Do you have a plan identifying the areas]
        [4. Specify any other arrangement in notes]
        
        2. Number of undertenants
        [1. Is it one plus the tenant]
        [2. Is it two plus the tenant]
        [3. Is it three plus the tenant]
        [4. Is it four plus the tenant]
        [5. Specify other numbers in notes]
        [6. Is there no limit on number at all]
        
        1. Allowed or not
        [1. Never allowed]
        [2. Allowed with consent]
        [3. Allowed without consent]
        
        3. Chains of sub-leases
        [1. Is there no limit on how many levels of sub-leases]
        [2. Is it one level of sub-lease only]
        [3. Specify anything else in notes]
        
        6. Initial underletting must stay period
        [1. Can the undertenant assign straight away]
        [2. Can the undertenant underlease straight away]
        
        3. Must the undertenant stay for an initial period
        
        3. Must the undertenant stay for an initial period
        [1. Must stay for 1 year]
        [2. Must stay for 2 years]
        [3. Must stay for 3 years]
        [4. Must stay for 4 years]
        [5. Specify other period in notes]
        
        5. Terms of the underletting arrangement
        
        1. Form of the underlease
        [1. Is it the same as the main lease]
        [2. Can it be different to the main lease]
        [3. Specify minimal required clauses]
        
        2. Managing the undertenant
        
        1. Undertenant disposals
        [1. Must the Landlord consent to assignments]
        [2. Must the Landlord consent to sub-leases]
        [3. Must the Landlord consent to charges]
        [4. Must the Landlord consent to sharing occupation]
        [5. Specify any other control in notes]
        
        2. Varying/surrendering the sub-lease
        [1. Must the Landlord consent to variations]
        [2. Must the Landlord consent to surrendering]
        
        3. Managing the undertenant relationship
        [1. Must the Landlord consent to deferring rent]
        [2. Must the Landlord consent to accelerating rent]
        [3. Must the Landlord consent to reducing rent]
        [4. Must the Landlord consent to commuting the rent]
        [5. Must the Landlord consent to waiving breaches]
        
        3. Reviewing the underlease rent
        [2. Is it just notified to the Landlord]
        [1. Must the Landlord consent to the underlease rent review]
        
        4. Rent under the underlease
        [1. Is it higher of passing and market rent]
        [2. Is it not less than the market rent]
      - 3. Sharing occupation
        
        1. Sharing with group companies
        
        2. Other conditions
        [1. For so long as the companies are grouped]
        [2. Specify anything else in notes]
        
        1. Which test are you using?
        [1. Companies Act definition]
        [2. Landlord & Tenant Act definition]
        [3. ICTA definition]
        
        2. Sharing with non-group companies
        
        2. Service Providers
        [1. Catering]
        [3. Health and wellbeing]
        [2. Cleaners]
        [4. Security]
        [5. Specify anybody else in notes]
        
        1. Business Partners
        [2. Incubators]
        [1. Consultants/auditors]
        [3. Joint venturers]
        [4. Anybody with whom you have a business relationship]
        
        3. Rules that apply to both group and non-group
        [3. No Landlord and Tenant relationship to be created]
        [2. Is there a limit on the size of the shared space]
        [1. Is there a limit on the number you can share with]
        
        4. Must you notify
        [1. Must you notify at the start]
        [2. Must you notify when it ends]
    - - 2. Process at the end of the term
        [1. Specify anything unusual that needs to occur]
  - - - 1. What is being repaired
        [3. Windows/glass]
        [5. Door/door frames]
        [6. Schedule of condition]
        [7. Exclude insured damage]
        [1. Carpets/floor coverings]
        [8. Exclude uninsured damage]
        [2. Tenant's fixtures]
        
        4. Conduits
        [1. Conduits which only serve the space]
        [2. Conduits serving other space]
      - 2. What standard is it to be repaired to
        [3. Good repair]
        [6. Renewing component parts]
        [2. Good repair and condition]
        [4. Good condition]
        [1. Good and substantial repair]
        [5. Clean and tidy]
        [7. Replace/rebuild the whole]
    - - 1. Decoration frequency
        
        2. In the last "X months" of the term
        [1. In the last 12 months of the term]
        [2. In the last 6 months of the term]
        [3. But not if the Tenant has decorated in the previous 5 years]
        [4. Not if the Tenant has decorated in the previous 3 years]
        [5. Specify any modifications in the notes]
        
        3. Other frequency
        [1. When necessary]
        [2. Specify anything else in notes]
        
        1. Every "X years"
        [1. Every 5 years]
        [2. Every 7 years]
        [3. Specify other frequency in notes]
      - Decoration standard
        [Normal business of the Tenant]
        [Good quality materials]
        [Specify how it is done]
        [With the reasonable consent of the Landlord]
  - - - 2. Without consent
        [1. No consent needed to any change of use]
        [2. New use must have planning]
        [3. New use must be notified to the Landlord]
        [4. Specify anything else in notes]
      - 1. With consent
        [2. Landlord's reasonable consent]
        [1. Landlord's absolute discretion]
        [3. Reasonable consent subject to pre-conditions]
        [4. No consent needed]
        [5. Specify anything else in notes]
    - - 3. Non-typical use
        [Is it a one-off (Sui Generis) type use]
      - 2. Ancillary uses
        [1. General ancillary uses]
        
        2. Specified ancillary uses
        [1. Specify your ancillary uses in notes]
      - 1. Asset class
        [2. Retail]
        [3. Leisure and hospitality]
        [4. Industrials]
        [5. Logistics]
        [6. Hotels]
        
        1. Offices
        
        2. Define by reference to Use Classes Order
        [Offices within class B1(a) of Schedule to Town & County Planning (use) Classes Order 1987]
        [Offices within class A2 of Schedule to Town & County Planning (use) Classes Order 1987]
        [As at 31 August 2020]
        
        1. Up to and including 31 August 2020
        [1. Offices within A2]
        [2. Offices within Class B1A]
        
        2. From and including 1 September 2020
        [1. New Use Class E]
        
        1. Define by reference to proposed use
        [2. Specify the use for your deal]
        [1. e.g. Bank, Law Firm, Call Centre etc.]
        
        3. Additional quality standards
        
        1. Absolute quality
        [1. Good quality offices]
        [2. High quality offices]
        [3. Specify other type of offices in notes]
        
        2. Relative quality
        [1. Appropriate for this building]
        [3. Appropriate for this location]
        [2. Appropriate for this estate]
        [4. Specify anything else in notes]
    - - 1. General prohibitions
        [8. No flammable substances]
        [3. Don't cause damage]
        [5. Don't conduct illegal activity]
        [4. Don't cause wireless interference]
        [1. Don't block/overload supply runs/conduits]
        [7. Don't do anything smelly]
        [6. Don't do anything noisy]
        
        2. Don't cause a nuisance
        [1. Is it a legal nuisance]
        [2. Is it any nuisance]
      - 2. Specific prohibitions
        [5. Sex shops]
        [2. Auctions]
        [4. Offices which the public can visit]
        [1. Alcohol/E-Cigarettes]
        [3. Food]
        [6. Immoral purposes]
        [7. Specify anything else in notes]
  - - - 1. Reasonable consent
        [1. Consent not to be unreasonably withheld]
        [2. Consent not to be unreasonably delayed]
        [3. Reasonable opinion of person consenting]
        [4. Objective standard for whether withheld or delayed]
      - 2. Absolute discretion
        [Specify what is an absolute discretion event and why in notes]
      - 3. Regulations
        [2. Regulations to be reasonable]
        [1. Balance needs of all the Tenants/Occupiers]
        [3. Specify why any regulations might not be reasonable in notes]
    - - 3. Indemnity limits
        
        1. Limiting the loss
        
        1. Type of loss
        [1. All losses, costs, claims, damages, expenses and fees incurred]
        
        2. Limiting that loss
        [1. Reasonable in amount]
        [2. Reasonably incurred]
        [3. Reasonably foreseeable]
        [4. Flow naturally from the breach]
        [5. Not special loss/pure economic loss]
        
        2. Cooperation in relation to the claim
        [1. Give notice of claims]
        [2. Provide information]
        [3. Mitigate loss]
        [4. Restrictions on naming parties in proceedings]
      - 1. What is covered
        [1. Breach of an obligation]
        [2. General property liability]
        [3. Just third party liability (MCL)]
      - 4. How might it be incurred without breach
        [4. caused by state and condition of the Property]
        [2. caused by exercise of the Tenant's rights]
        [1. caused by carrying out of any permitted works]
        [3. caused by general property liability]
      - 2. Who is it given to
        [1. To the lease counter-party]
        [2. To third parties]
  - - - 7. To comply with the law
        [1. Statutory obligations]
        [2. Other legal obligations]
    - - 2. If Landlord enters to remedy breach
        [1. Can it recover all its costs]
        [2. Are they recoverable as a debt (Jervis.v.Harris)]
      - 1. Notify the Tenant to remedy a breach
        [1. Immediately]
        [2. Within 20 business days]
        [3. Within such timeframe as is reasonable in the circumstances]
        [4. Specify any other period in notes]
    - - Physical damage
        [Damage to premises]
        [Damage to contents]
      - Non-physical damage/economic loss
        [Consequential loss]
        [Special loss]
        [Loss of profits]
    - - 3. Process to enter
        
        3. Consent
        [1. Tenant's prior reasonable consent]
        [2. Specify any other arrangement in notes]
        
        1. Notice period
        [1. On 10 business days' notice]
        [2. On 20 business days' notice]
        [3. Specify other notice period in notes]
        
        2. Without notice
        [1. Emergencies]
        [2. Specify any other reason in notes]
      - 1. Pre-conditions to entry
        [See MCL pre conditions]
      - 2. How it is exercised
        [1. Causes as little interference as possible]
        [2. Enter quickly and leave as soon as possible]
        [3. If possible, enter outside business hours]
        [4. Cause as little damage as possible]
        [5. Cause as little noise as possible]
      - 5. Consequences of entry
        
        1. If Landlord enters to remedy breach
        [1. Can it recover all its costs as debt?]
        
        2. Must it remedy damage
        
        1. Physical damage
        [2. To the building]
        [1. To contents]
        [3. To other physical things in the demise]
        [4. To the demise itself]
        [5. Specify any other physical damage in notes]
        
        2. Non-physical damage/economic loss
        [1. Consequential financial loss]
        [3. Special losses]
        [2. Loss of profits]
        
        2. If Landlord enters for other reasons
        
        1. Physical damage
        [To the building]
        [To contents]
        [To other physical things in the space]
        
        2. Non-physical damage/economic loss
        [Consequential loss]
        [Special loss]
        [Loss of profits]
      - 4. Prior agreed method statement for works
        [1. Specifying the location]
        [2. Specifying how materials will be transported]
        [3. Specifying how noise will be minimised]
        [4. Specify other behavioral requirements in notes]
- - - - 5. To allow perspective tenants to view the premises when lease ends
        [1. Allowed unless genuine steps are underway to renew the lease]
    - - 3. Process to enter
        
        3. Consent
        [1. Tenant's prior reasonable consent]
        [2. Specify any other arrangement in notes]
        
        1. Notice period
        [1. On 10 business days' notice]
        [2. On 20 business days' notice]
        [3. Specify other notice period in notes]
        
        2. Without notice
        [1. Emergencies]
        [2. Specify any other reason in notes]
  - - - 2. If it is an internal/non-structural demise: exclude
        [8. Windows and window frames]
        [5. Doors and door frames]
        [4. Half any non-structural "party" walls]
        [2. All structural walls in the Premises]
        [6. Suspended ceilings]
        [1. All conducting media in and not exclusively serving the Premises]
        [7. Tenant's fixtures]
        [9. All "permitted works" in the Premises]
        [3. Structural floors and ceilings]
      - 3. If it is a structural/external demise
        [1. Are you just demising all of the Property]
        [3. Are you being more specific]
        [4. Are you including air space]
        [5. Are you including ground below]
        [2. Are you adding anything else?]
      - 1. If it is an internal/non-structural demise: include
        [6. Plaster and internal surfaces]
        [9. Windows and window frames]
        [3. Doors and door frames]
        [5. Half any non-structural "party" walls]
        [2. All non-structural walls in the Premises]
        [7. Suspended ceilings]
        [1. All conducting media in and exclusively serving the Premises]
        [8. Tenant's fixtures]
        [10. All "permitted works" in the Premises]
        [4. Floors and ceilings]
    - - 2. Which measuring standard
        [1. RICS]
        [2. IPMS]
        [3. Both RICS and IPMS]
      - 3. Responsibilities of the "measurer"
        [2. Specify anything else in notes]
        
        1. Will there be a legal duty of care from the measurer?
        [1. Yes]
        [2. No]
      - 1. What do you do with the measured size
        [1. Put it in the Premises definition]
        [2. Add it to the rent review]
  - - - 2. Only change if you do not adversely affect the Tenant
        [1. Adversely affect the Tenant's demise]
        [2. Adversely affect the Tenant's rights]
  - - - 3. Who has the rights
        [4. Tenant staff]
        [5. Tenant's visitors]
        [1. Cyclists]
        [2. Motor vehicle drivers]
        [3. Other transport drivers]
      - 1. What areas are the rights over?
        [1. Building]
        [2. Common parts]
        [3. Estate]
        [6. Specify anything else in notes]
        
        4. Dedicated areas
        [Specify any dedicated areas in notes]
        
        5. Facilities
        [Specify any dedicated facilities in notes]
      - 2. Exclusive or common rights
        [2. In common with others]
        [1. Exclusive/just one tenant can exercises]
      - 5. Hours of access
        [1. 24/7/365]
        [3. Specify anything unusual in notes]
        
        2. During normal business hours
        [1. Are you specifying those]
        [2. Are you not specifying those]
      - 4. On foot/in vehicles
        [1. Pedestrian]
        [2. Vehicular]
    - - 2. Controlled and provided by the Tenant
        [3. Specify anything else in notes]
        
        1. Utilities and cables
        [2. Risers]
        
        1. Service providers
        [1. Is Landlord controlling utilities/service providers]
        [2. Does the Tenant have free choice on utilities/service providers]
        
        2. Utilities and plant
        
        1. How do you get to them
        [1. Do you need access over the building?]
        [2. Is the plant room demised?]
        [3. Is the plant room adjoining?]
        [4. Specify anything else in notes]
        
        2. What can you do with them
        [1. Can you alter them]
        [2. Can you move them]
        [3. Can you upgrade them]
        [4. Can you do anything as long as you don't affect anyone else?]
      - 1. Controlled and provided by the Landlord
        [See service charge]
- - - - Reinstating the damage
        
        Uninsured Risk damage
        [No obligation to reinstate]
        [Landlord may elect to do so]
        [Specific client requirements]
        
        Insured Risk damage
        [Consents for reinstatement]
        [Are fixtures etc. included?]
        [Option not to reinstate]
        [Substantially the same not identical]
        
        The reinstatement obligation
        [Just use proceeds of insurance]
        [Make good shortfall]
        [Straightforward reinstatement obligation]
        
        Subject to Tenant not vitiating
        [In whole]
        [In part]
        [Does it matter?]
      - Ending the Lease
        [On damage/destruction occurring]
        [If relevant space has not been reinstated by end of Risk Period]
        [Either Landlord or Tenant can end]
      - Rent suspension
        
        What triggers it
        [Degree of destruction]
        [Degree of damage]
        [Premises unusable?]
        [Premises inaccessible]
        [Key facilities/amenities in the rest of the building]
        [Tenant variation?]
        
        How long does it last?
        [From destruction/damage]
        [Until usable/accessible]
        [Until reinstatement]
        [Consequences if it happens during a rent free]
        [Until ready to receive Tenant's fitting out works]
        [Uninsured Risks]
        [Until the end of the Risk Period]
        [Until the end of the Tenant's insurance break right]
        
        What is suspended
        [Main Rent]
        [Service Charge]
        [Other payments]
        [Refunds of monies paid in advance]
        
        What happens with damage caused by an uninsured risk/rent suspension?
        [Rent suspends for any damage]
        [Rent suspends for "material" damage]
    - - Compliance obligations
        [Comply with insurer's requirements]
        [Comply with insurer's recommendations]
      - Other insurance obligations
        [Insure its own public liability risks]
      - Payment obligations
        
        Pay any amounts refused because
        [the Tenant fails to act; or]
        [the Tenant willfully acts]
        
        Pay the insurance premium
        [Increased premium due to the tenant's works or use]
        
        To pay
        [The access/deductible]
        [To comply with the insurance policy]
        
        Valuations
        [Whenever necessary]
        [Every year]
        [Ever two years]
        [Every three years]
        [Specify other in notes above]
    - - Uninsured risks
        [1. A risk which is not generally available]
        [2. Insured risk which a limitation or exclusion excludes?]
        [3. Insured Risk which becomes uninsured]
        [4. Use the MCL definition]
        [5. Specify other in notes above]
      - Tenant's items
        [Tenant's fixtures]
        [Tenant's "fittings"]
        [Tenant's business equipment]
        [Tenant's loose "contents"]
      - Insured Risks
        
        Insured events
        
        Weather events
        [Lightning]
        [Storm]
        [Earthquake]
        [Flood]
        
        People events
        [Riot]
        [Civil commotion]
        [Malicious damage]
        [Cyber attack]
        [Vehicles]
        [Terrorism]
        
        Other events
        [Subsidence]
        [Heave]
        [Fire]
        [Explosion]
        [Bursting/overflowing pipes/tanks]
        [Aircraft/aerial devices impact]
        
        Insurance policy issues
        
        Additional risks
        [Required by Landlord]
        [Required by Tenant]
        [Reasonably required]
        [Paid for by whom]
        [Public liability]
        
        Public liability
        [Landlord to insure the building's liability]
        [Tenant to insure its own liability]
        
        Loss of rent/service charge
        
        Changing the risk period
        [Landlord's absolute discretion]
        [Landlord's reasonable discretion]
        [Tenant's request]
        [Tenant's reasonable request/all of the Tenants]
        
        How many years for the risk period
        [3]
        [4]
        [5]
        [6]
        [7]
        
        Loss of what?
        [Loss of rent]
        [Loss of service charge]
        [Loss of other?]
    - - Tenant protections
        [Interest noted]
        [Subrogation waiver]
        
        Landlord's insurance covenant
        [1. Absolute]
        [3. None]
        
        2. Endeavours
        [1. Best]
        [2. Reasonable steps]
        [3. Reasonable efforts]
        
        Policy details
        [Landlord to notify terms]
        [Landlord to notify material terms]
        [Landlord to notify variations]
        
        Identity of the insurer
        [Reputable]
        [Substantial]
        [Experienced in the UK market]
        [No control over identity]
      - Constraints
        [Insure to the extent available in the UK market]
        [Exclusions]
        [Excesses]
        [Limitations]
        
        Uninsured Risks
    - - 5. Insurance valuations
        [Tenant to pay "normal" valuation frequency]
        
        Type of valuation
        [Desk top]
        [Full valuation]
        
        How frequently
        [Not more than annually]
        [Not more than every 2 years]
        [Not more than every 3 years]
        [Other - please specify in notes]
      - 1. Insurance premium
        [1/ Fair proportion (of a larger sum)]
        [2. Insurance commissions]
        [3. Value for money]
      - 4. Excesses, limitations and exclusions
        [1. Whatever the Insurer imposes]
        [2. Fair in the context of other policy benefits]
        [3. Normal for this type of building]
      - 3. Extra costs caused by the Tenant
        [1. Tenant pays for amounts it causes to be refused]
        [2. Tenant pays for extra premium due to its works or use]
      - 2. Loss of rent/other sums
        [Main Rent]
        [Other sums]
  - - - 1. Allocating the Tenant's share
        [1. Fair proportion]
        [2. Fixed proportion]
        
        3. Things affecting proportion
        [1. Degree of benefit]
        [2. Floor area]
        [3. Weightings]
        [4. Specify anything else in notes]
        
        3. Subsequent variations
        [1. Landlord to decide]
        [2. Tenant to propose]
        
        3. Dispute resolution, if not agreed
        [2. Expert]
        [3. Arbitrator]
        [4. Specify anyone else in notes]
        
        1. Factors to take into account
        [1. Number of units affected]
        [2. Whether the change increases or decreases the charge]
        [3. Specify anything else in notes]
      - 3. Payment regime, accounting and administration
        [1. Credit any over-payments for the next year]
        [2. Charge any under payments for the next year]
        [3. Legislate for lease end?]
        [4. Disputes regime]
        
        8. Can Landlord charge unexpected payments
        [1. On notice]
        [2. Only if no on account payments are allowed]
        [3. Specify other unexpected payment regime in notes]
        
        7. Reckoning up after a service charge year
        [1. Within 3 months]
        [2. Within 6 months]
        [3. Within 9 months]
        [4. Specify other period in notes]
        
        6. Payment frequency
        [1. Monthly]
        [2. Quarterly]
        [3. Specify other frequency in notes]
        
        5. Evidencing costs
        [1. Can the Tenant inspect]
        [2. Can the Tenant query]
        [3. Must receipts be provided on request]
      - 5. Types of services
        [The accommodation for the people or equipment to provide the services]
        [The people or equipment to provide the services]
        [Administration of the services and audits]
        [Finance charges to fund the services if the service charge payments do not cover it]
        
        The services themselves
        
        For the Building
        [Check what you need for the Building]
        
        For the Estate/Centre
        [Check what you need for this Estate/Centre]
      - 2. Landlord's obligation to provide services
        
        1. Strength of the obligation
        [1. Absolute]
        [3. In accordance with good estate management]
        [4. Efficiently]
        
        2. Endeavours
        [1. Reasonable]
        [2. All reasonable]
        [3. Best]
        [4. Specify other type of endeavours in notes]
        
        2. Qualifications to the obligation
        [3. Changing the way you provide the services]
        [1. Core/non-core services]
        
        2. Changes to the services
        [1. Vary the services]
        [2. Reduce the services]
        [3. Add to the services]
        [4. Specify anything else in notes]
        
        4. Events affecting the services
        [1. Supervening events]
        [2. Temporary suspensions]
      - 4. Service charge exclusions
        
        1. Asset management exclusions
        [2. Unlet parts of the building/voids]
        [3. Service charge caps]
        [1. Collecting or reviewing rent]
        [4. Unrecovered costs from other tenants]
        [5. Distant parts of the estate/building]
        
        6. Advertising the property
        [1. Advertising the businesses at the property]
        [2. Advertising the Landlord's asset]
        
        2. Capital value exclusions
        [3. Insured risks damage]
        [1. Capital costs of the initial construction]
        [2. Improvements to the Landlord's asset instead of the services]
        [4. Uninsured risks damage]
        
        5. Variations to the building/estate
        [1. Reducing it]
        [2. Extending it]
- - - - 1. How long are they served
      - 2. How long before notices are responded to
        [(a) 5 days]
        [(b) 10 days]
        [(c) 15 days]
        [(d) 20 days]
        [(e)] specify other length in the notes]
      - 3. *Are "days"
        [(a) working days]
        [(b) calendar days]
        [(c) during Christmas or Easter extended?]
- - - - 3. Minimum certification level as at 30/06/2021
        [1. E for commercial]
        [2. E for residential]
      - 1. Provided on:
        [1. Sale]
        [2. New Lease]
        [3. Lease Renewal]
        [4. Reversionary Lease]
        [5. Surrender]
        [6. Exchange]
        [7. Alterations changing the number of spaces in separate occupation and the heating/cooling plant]
      - 2. Not needed for:
        [1. Licence to Occupy]
        [2. Tenancy at Will]
        [3. Most alterations]
        [4. Properties where development is ongoing (until PC)]
      - 4. Minimum certification level after 30/06/2021
        [2. For residential, probably C from 2035]
        
        1. For commercial
        [1. Possibly C from 2027]
        [2. Probably B from 2030]
- - - - 1. If Landlord enters to remedy breach
        [1. Can it recover all its costs as debt?]
        
        2. Must it remedy damage
        
        1. Physical damage
        [2. To the building]
        [1. To contents]
        [3. To other physical things in the demise]
        [4. To the demise itself]
        [5. Specify any other physical damage in notes]
        
        2. Non-physical damage/economic loss
        [1. Consequential financial loss]
        [3. Special losses]
        [2. Loss of profits]
      - 2. If Landlord enters for other reasons
        
        1. Physical damage
        [To the building]
        [To contents]
        [To other physical things in the space]
        
        2. Non-physical damage/economic loss
        [Consequential loss]
        [Special loss]
        [Loss of profits]
- - - - 1. Further renewals
        [1. Renew once]
        [2. Renew twice]
        [3. Specify anything else in notes]
      - 2. In your term
        [1. Same length as existing lease]
        [2. Specify other term in notes]
    - - 3. Ex-Act with contractual option to renew
        [3. Specify renewal term in notes]
        
        1. Further renewals
        [1. Renew once]
        [2. Renew twice]
        [3. Specify anything else in notes]
        
        2. In your term
        [1. Same length as existing lease]
        [2. Specify other term in notes]
  - - - 1. Rent
        [1. Due within 7 days]
        [2. Due within 14 days]
        [3. Due within 21 days]
        [4. Due within 28 days]
        [5. Specify other notice period in notes]
        [6. Specify other processes in notes]
      - 2. Other payments
        [1. Service charge]
        [2. Insurance premiums]
        [4. Outgoings other than rates]
        [5. Rates]
        [3. Interest]
        [6. Specify anything else in notes]
    - - 3. Relevant if tenant/guarantor is an individual
        [1. Receiving order]
        [2. Interim receiver appointed]
        
        4. Debt relief order or debt management plan
        [1. Voluntary application/proposal]
        [2. Grant of a debt relief order]
        [3. Imposition of a debt management plan]
        
        3. Bankruptcy
        [1. Voluntary application]
        [2. Third party petition]
        [3. Actual bankruptcy]
        
        5. Individual voluntary arrangement
        [1. Interim order under Part VIII of the Insolvency Act 1986 Act]
        [2. Voluntary proposal]
      - 1. Relevant for all tenants/guarantors
        [1. Appointment of a receiver]
        [2. Scheme/arrangement with creditors (Insolvency Act 1986)]
      - 2. Relevant if tenant/guarantor is "corporate"
        [1. Liquidation]
        [3. Creditors' meeting under Insolvency Act 1986 Part I]
        [4. Compromise or scheme of arrangement or restructuring (Companies Act 2006 Part 26/Part 26 A)]
        [5. Moratorium under Insolvency Act 1986 Part A1]
        [6. Administration]
        [7. Striking off]
        
        2. Winding up
        [1. Actual winding up]
        [2. Winding up petition if not dismissed or withdrawn (insert time period in notes)]
  - - - 6. Advance notice/waiver
        [3. How much advance notice]
        [2. Can it be withdrawn]
        [1. Can it be waived]
        [4. Check notice fits with reinstatement provisions]
      - 2. Break payments
        [1. Are break payments made on exercise?]
        [2. Are break payments made on the date f the break?]
        [3. Specify any other date in notes]
      - 1. "Vacant Possession"
        [2. Legal vacant possession]
        [1. "Physical" vacant possession]
        [4. No lawful occupiers left behind]
        [3. No (unlawful) occupiers left behind]
      - 3. Landlord to repay any advance payments
        [1. On the break date]
        [2. Within 14 days of the break date]
        [3. Within 28 days of the break date]
        [4. Specify any other date in notes]
      - 4. Is time of the essence?
        [1. Yes]
        [2. No]
      - 5. Personal break
        [1. Is it personal to the Tenant]
        [2. Does cover assignees as well?]
    - - 1. When can the Landlord break
      - 2. Are there grounds for exercising the breach?
    - - 1. Conditions for serving advance notice
        [1. None]
        [3. Main rent paid up to date]
        [4. Other lease payments paid up to date]
        [5. What does the Lease Code say?]
        [2. Break payment(s) to have been made]
      - 2. Conditions for the break to take effect
        [1. None]
        [3. Main rent paid up to date]
        [3. Other lease payments paid up to date]
        [5. What does the Lease Code say?]
        [2. Break payment(s) to have been made]
    - - 1. The Lease start date
      - 2. Write in a calendar date