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DATED xxxxxxxxxxx
BETWEEN:
******* PSYCHOTHERAPY PRACTICE LIMITED
(“Grantor”) and
X
(“Licensee”)
PERMISSION FOR OCCUPATION OF A CONSULTING ROOM AT
*************
Version 16.07.07
________________________
Humphreys & Co
14 King Street
Bristol
BS1 4EF
DX: 78239 Bristol
Tel: 0117 929 2662
Fax: 0117 929 2722
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Email: lawyers@humphreys.co.uk
Reference: MC/RW/6969/1/nm
Solicitors for the Grantor
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THIS PERMISSION is dated the .........................................
BETWEEN:
(1) ****** PSYCHOTHERAPY PRACTICE LIMITED of ..........................
(CRN: ...........) (“ Grantor ”) and
(2)
(“
Licensee
”)
WHEREAS:
(A) The Grantor has been granted a licence (“ Occupancy Agreement” ) to occupy consulting rooms at ......................
(B) The Licensee wishes to have the right to non-exclusive occupation of part of the
Premises for the purpose of offering psychotherapy services. The Grantor is prepared to allow the Licensee to enjoy non-exclusive occupation of part of those Premises in return for payment of a fee (“ Licence Fee” ). This permission is intended to have the effect of granting a sub-licence to the Licensee and there is no intention to create a tenancy.
NOW IT IS HEREBY AGREED as follows:
1. Definitions and interpretation
1.1 In this Permission the following expressions have the meanings given in this clause, unless the content otherwise requires:
1.1.1
“ Access Ways”
means the roads, paths, entrance halls, corridors, l and staircases of the Building, the use of which is necessary to obtain access to and egress from the Designated Space
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1.1.2
“ Building ” means the building known as ........................
1.1.3
“
Common Parts
” means all those parts of the Building which are not part of the Designated Space, but which are shared by the Licensee in common with the
Grantor and any other occupiers. These are limited to the lower ground floor corridor, washrooms, waiting room and kitchen area and main reception area.
1.1.4
“ Designated Hours ” means such hours as the Grantor and the Licensee are able to agree in writing.
1.1.5
“
Designated Space
” means the area shown for the purposes of identification only edged red on the plan annexed to this Permission and marked “A” or such other office space, comprising a single area within the Premises as the Grantor may from time to time in his absolute discretion designate on 7 days’ notice to the Licensee.
1.1.6
“ Licence Fee ” means £....... per hour or such other amount as the Grantor may from time to time determine in his absolute discretion on 14 days’ notice to the
Licensee.
1.1.7
“
Licence Period
” means one hour.
1.1.8
“ Owner ” means .......................
1.1.9
“
Premises
” means Room 5 and Room 2 on the lower ground floor of the
Building.
1.1.10
“
Occupancy Agreement
” means a licence dated ............. between the Owner and the Grantor.
1.1.11
“ VAT ” means Value Added Tax or any other tax of a similar nature.
1.2
The clause headings do not form part of this Permission and shall not be taken into account in its construction or interpretation.
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1.3
Any reference in this Permission to a Clause without further designation is to be construed as a reference to the clause of this Permission so numbered.
1.4
Unless otherwise specified, a reference to a particular law is a reference to it as it is in force for the time being, taking account of any amendment, extension, application or re-enactment and includes any subordinate laws for the time being in force made under it and all orders, notices, codes of practice and guidance made under it.
1.5
Any obligation in this Permission on the Licensee not to do something includes an obligation not to agree to or suffer that thing to be done and an obligation to use reasonable endeavours to prevent that thing being done by another person.
1.6
Unless the content otherwise requires, where the words “include(s)” or
“including” are used in this Permission, they are deemed to have the words
“without limitation” following them.
2. The Permission
Subject to Clause 3 and Clause 4, the Grantor hereby gives the Licensee the right, for the Licence Period and during the Designated Hours, in common with the Grantor and all others authorised by the Grantor so far as is not inconsistent with the rights given, to use the Designated Space for the provision of psychotherapy services and to use the Access Ways for access to and egress from the Designated Space.
3.
Licensee’s Undertakings
The Licensee agrees and undertakes as set out in this Clause 3.
3.1
Licence Fee and Outgoings:
The Licensee shall pay the Licence Fee, together with any VAT, to the Grantor in advance on the first day of each week, the first payment, or a due proportion
NB for RW does client want this?
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Permission.
3.2
Deposit
The Licensee shall deposit a sum to be agreed with the Grantor as a security for the performance and observance of the undertakings contained in this Clause 3, to be repayable to the Licensee – less any amount due to the Grantor in respect of any non-performance, or non-observance by the Licensee – within 14 days of the determination of the Licence Period or such longer period as may be necessary to ascertain any amount due to the Grantor.
3.3
The Licensee shall not bring any furniture, equipment, goods or chattels onto the Premises without the consent of the Grantor, except as is necessary for the exercise of the rights given in Clause 2.
3.4
Condition of Property
The Licensee shall keep the Designated Space clean and tidy and clear of rubbish and leave it in a clean and tidy condition and free of the Licensee’s furniture, equipment, goods and chattels each day at the end of the Licence
Period.
3.5
Access Ways
The Licensee shall not obstruct the Access Ways, or make them dirty or untidy, or leave any rubbish on them.
3.6
Signs and Notices
The Licensee shall not display any signs or notices on or in the Designated
Space without the prior written consent of the Grantor.
3.7
Nuisance
The Licensee shall not use the Designated Space, the Common Parts or the
Access Ways in such a way as to cause any nuisance, damage, disturbance, annoyance, inconvenience or interference to the Building or adjoining or neighbouring property or to the owners, occupiers or users of any adjoining or neighbouring property.
3.8
Sub-letting
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The Licensee shall not be entitled to part with or share with any other party possession of the Designated Space or to grant any permission in respect of the
Designated Space.
3.9
Statutory Requirements and Insurance
The Licensee shall 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.
3.10
Indemnity
The Licensee shall indemnify the Grantor, and keep the Grantor indemnified against all losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability arising in any way from this Permission, any breach of any of the Licensee’s undertakings contained in this Clause or the exercise or purported exercise of any of the rights given in Clause 2.
3.11
Rules and Regulations
The Licensee shall observe any reasonable rules and regulations the Grantor or the Owner makes and notifies to the Licensee from time to time, governing the
Licensee’s use of the Designated Space, the Common Parts or the Access Ways.
3.12
Observation of the Terms of the Occupancy Agreement
The Licensee having received a copy of the Occupancy Agreement shall comply with all of the relevant terms of the Occupancy Agreement as if it were in the position of the Grantor. The Licensee shall not do, or permit or suffer any person exercising or purporting to exercise the rights given in Clause 2 to do, anything on or in relation to the Building that would or might cause the Grantor to be in breach of the terms of the Occupancy Agreement.
3.13
Grantor’s Costs
The Licensee shall pay to the Grantor on demand, and indemnify the Grantor against, all costs and expenses of professional advisors and agents, including any VAT (insofar as such is not recoverable by the Grantor), incurred by the
Grantor in connection with the preparation, negotiation and completion of this
Permission.
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3.13.
Grantor’s Rights
The Licensee shall not in any way impede the Grantor or his officers, servants, or agents, in the exercise of its rights of possession and control of the
Designated Space.
4.
General
4.1
Determination
The rights granted in Clause 2 are to determine – without prejudice to the
Grantor’s rights in respect of any breach of the obligations and undertakings contained in Clause 3:
4.1.1
immediately on notice given by the Owner at any time following any breach by the Licensee of his undertakings contained in Clause 3; or
4.1.2
on not less than 28 days’ notice given by one of the Grantor or the Licensee to the other of them on the last day of a week.
4.2
Assignment Prohibited
The benefit of this Permission is personal to the Licensee and is not assignable.
The rights given in Clause 2 may only be exercised by the Licensee and his employees and customers.
4.3
Warranty Excluded
The Grantor gives no warranty that the Designated Space is legally or physically fit for the purposes specified in Clause 2.
4.4
Liability Excluded
The Grantor shall not be liable for the death of or injury to the Licensee or his employees and customers, 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 any of them in the exercise or purported exercise of the rights given by Clause 2.
4.5
Notices
Any notice given by either party pursuant to the provisions of this Permission shall be in writing, and shall be sufficiently served if delivered by hand or sent by registered post or recorded delivery, or sent by fax provided that a
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5.
Grantor’s Control
The Grantor shall:
5.1
retain control, possession and management of the Designated Space; and
5.2
be entitled to enter the Designated Space at any time.
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AS WITNESS the parties have expected this Permission in a manner binding upon them from the day and year first before written.
Signed by
_____________________ …………………
(duly authorised signatory) for and on behalf of
................. PSYCHOTHERAPY PRACTICE LIMITED in the presence of:
…………………………
(print witness full name)
…………………………
(print witness full address)
…………………………
…………………………
…………………………
(witness signature)
Signed by
_____________________
XXXXXX in the presence of:
…………………………
(print witness full name)
…………………………
(print witness full address)
…………………………
…………………………
…………………………
(witness signature)
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DATED 2007
BETWEEN:
............... PSYCHOTHERAPY
PRACTICE LIMITED
(“Grantor”) and
[ ]
(“Licensee”)
PERMISSION FOR OCCUPATION OF
A CONSULTING ROOM AT ...............
Version 16.07.07
Humphreys & Co
14 King Street
Bristol
BS1 4EF
DX: 78239 Bristol
Tel: 0117 929 2662
Fax: 0117 929 2722
Email: lawyers@humphreys.co.uk
Reference: MC/RW/6969/1/nm
Solicitors for the Grantor