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PRECEDENTS
date [date] Parties 1 [name of Landlord] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Landlord) 2 [name of Tenant] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Tenant) 3 [[name of Guarantor] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Guarantor)] 1 Definitions In this Agreement, the following definitions apply: Actual Completion Date • the date on which the grant of the Lease is actually completed; Completion Date • [date]; Completion Money • (a) the amounts apportioned under clause 8.8; [and] (b) [any other money due to the Landlord under this Agreement;] Landlord's Solicitors • [name] of [address] (reference: [details]) [or any other solicitors the Landlord notifies to the Tenant [and the Guarantor] ]; [Landlord's Title • title number [number] [and [number]];] Lease • a lease in the form attached to this Agreement at Appendix 1; Legislation • all legislation in force in the United Kingdom at any time during the currency of this Agreement, including: (a) Acts of Parliament; (b) orders, regulations, consents, licences, notices and bye laws made or granted: i under any Act of Parliament; ii by a local authority or by a court of competent jurisdiction;
PRECEDENTS
date [date] Parties 1 [name of Landlord] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] [and whose address for service in England and Wales is [address]] (Landlord) 2 [name of Tenant] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] [and whose address for service in England and Wales is [address]] (Tenant) 3 [[name of Guarantor] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] [and whose address for service in England and Wales is [address]] (Guarantor)] 1 Definitions In this Agreement, the following definitions apply: [Acceptance Tests • the tests usually carried out when commissioning items of mechanical and electrical plant, such as those to be incorporated in the Landlord’s Works, with a view to establishing that they meet their intended design and performance specifications;] [Access Certificate • the certificate issued by the Contract Administrator that the Landlord’s Works satisfy the Access Condition;] [Access Certificate Pre-conditions • are: (a) [the Landlord’s Works are wind and water tight;] (b) [the concrete floor has dried and aired;]
PRECEDENTS
This Agreement is made the [date] of [month and year] Between: 1 [Name of Party] of [address] (“the Discloser”) and 2 [Name of Party] of [address] (“the Recipient”) Recitals (A) The Discloser asserts legal professional privilege in all and each of the Documents listed in Schedule 1 to this Agreement and nothing stated in this Agreement shall affect the continuation of that assertion (B) The Discloser wishes to disclose the Documents to the Recipient on the terms of this Agreement without waiving its legal professional privilege in the Documents against any other person or party for the limited purpose of [state the purpose of the disclosure to the Recipient without indicating any confidential information] (C) The Recipient acknowledges that the Discloser asserts and will continue to assert legal professional privilege in the Documents and the Recipient agrees to assist the Discloser by maintaining the confidentiality of the Documents and by not taking any step which would or may in any way affect the privileged status of the Documents as asserted by the Discloser without the express written consent of the Discloser. IN CONSIDERATION OF THE PROMISES MADE BY THE PARTIES IN THIS AGREEMENT
PRECEDENTS
DATE [date] Parties 1 [name of Seller] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Seller) 2 [name of (first) Buyer] [and [name of second Buyer] both] of [address] (Buyer) 1 Definitions In this Agreement, the following definitions apply: Actual Completion Date • the date on which the Lease is actually granted; Approval • [planning permission and] any [other] approval, consent, permission or licence necessary to enable the Seller lawfully to carry out the Seller’s Works as required from time to time: (a) by or from a Competent Authority; or (b) by Legislation; [Block • [designation, eg Block A, Block 1, etc)] forming part of the Estate where the Flat is located and shown [edged OR coloured OR hatched] [colour] on [the [[name]] Plan OR Plan [number]];] Buyer’s Solicitors • [name] of [address] (reference [details]); [Car Park • the [car park OR part of the Estate] shown [edged OR coloured OR hatched] [colour] on the [Estate Plan OR Plan];] [Charge[s] • the charge[s] appearing at entry [number] [and [number]] in the charges register of title number [number] as at [date and time of official copy entries];] Competent Authority • any: (a) local authority, government department or other body exercising powers
PRECEDENTS
Date [date] Parties 1 [name of Seller] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Seller) 2 [name of Management Company] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Management Company) 1 Definitions In this Agreement, the following definitions apply: Actual Completion Date • the date on which the [Transfer OR the grant of the Concurrent Lease] actually occurs; [Arrears • the amounts due to the Seller from the tenants [by way of rent, licence fees, service charges, insurance rent and any other sum] under the Flat Leases up to and including Actual Completion Date, but which have not been received by the Seller or its agents in cleared funds before that date;] Building • [[name of building] OR the building] shown [edged OR coloured OR hatched] [colour] on [the [[name]] Plan OR Plan [number]] as more fully described in Schedule 1; [Charge[s] • the charge[s] appearing at entry number [number] [and number [number]] in the charges register of title number [number] as at [date and time of official copy entries];] Competent
PRECEDENTS
This Agreement is made the [date] of [month and year] Between: 1 [Name of Party] of [address] (“the Discloser”) and 2 [Name of Party] of [address] (“the Recipient”) Recitals (A) The Discloser asserts legal professional privilege in each and all of the Documents listed in the Schedule to this Agreement and nothing stated in this Agreement shall affect the continuation of that assertion. (B) The Discloser has a common interest with the Recipient by virtue of [briefly state the nature of the common interest (“the Common Interest”)] and wishes to further the Common Interest on the terms of this Agreement without waiving its legal professional privilege in the Documents. (C) The Recipient acknowledges that the Discloser asserts and will continue to assert legal professional privilege in the Documents and the Recipient agrees to assist the Discloser by maintaining the confidentiality
PRECEDENTS
Date [date] Parties 1 [name of Landlord] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Landlord) 2 [name of Tenant] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Tenant) 3 [[name of Guarantor] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Guarantor)] 1 Definitions In this Agreement, the following definitions apply: Actual Completion Date • the date on which the Surrender is actually completed; [Annual Rent • the yearly rent reserved by the Lease;] [Chattels • the items listed in Schedule 2;] [Chattels Price • £[amount, in figures] [([amount, in words] pounds)];] [Deed of Surrender • a deed of surrender [substantially] in the form set out in Schedule 1;] [Deposit • [£[amount, in figures] [([amount, in words] pounds)] OR [figure]% of the Premium];] [Guarantee • the guarantee dated [date] made between (1) [the Landlord OR [name of Landlord] OR [name of first party]] and (2) [the Guarantor OR [name of Guarantor]];] [Guarantor’s Solicitors • [name] of [address] (reference: [details]) or any other firm that the Guarantor notifies to the Landlord’s Solicitors and the Tenant’s Solicitors;] Interest • interest at a rate of [4]% per annum above the base rate
PRACTICE NOTES
This Practice Note provides an introduction to the Agreement on Fisheries Subsidies. It provides an overview of the scope, the three categories of prohibited subsidies, the notification and transparency requirements and dispute resolution. It also provides an overview of the other provisions relevant to the Agreement on Fisheries Subsidies. Introduction The Agreement on Fisheries Subsidies (AFS) was agreed to during the 12th WTO Ministerial Conference held in June 2022 in Geneva. It forms part of the number of outcomes on a series of key trade initiatives termed the ‘Geneva Package’. Some of the other outcomes include: • Ministerial Decision on TRIPS Non-violation and Situation Complaints • Ministerial Declaration on Responding to modern Sanitary and Phytosanitary Challenges • Ministerial Declaration on the Emergency Response to Food Insecurity • Ministerial Decision on the TRIPS Agreement, and • Ministerial Declaration on the WTO Response to the COVID-19 Pandemic and Preparedness for Future Pandemics Negotiations on the AFS commenced in 2001 during the Doha Round of negotiations. It is only the second multilateral agreement to have been concluded
PRECEDENTS
As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content. For further guidance, see Practice Note: Brexit—impact
PRACTICE NOTES
Introduction to the Agreement on trade-related aspects of intellectual property rights Prior to the World Trade Organization’s (WTO) Agreement on Trade-related Aspect of Intellectual Property Rights (TRIPS Agreement) the General Agreement on Tariff and Trade (GATT) 1947 contained some provisions related to intellectual property rights. These included: • Article IX(6) on marks of origin. Member States must co-operate to prevent the use of trade names in such a manner as to misrepresent the true origin of a product, to the detriment of distinctive regional or geographical names of products that are protected by legislation. • Article XX(d) on protection of patents, trade marks, copyrights and prevention of deceptive practices. Member States are allowed to adopt or enforce measures necessary to ensure compliance with laws (which are not inconsistent with the GATT) relating to the protection of patents, trade marks, copyrights and prevention of deceptive practices. • Article III on national treatment and protection of domestic production. Article III requires that Member States cannot adopt regulations that afford protection to domestic production. This could be
PRECEDENTS
This Agreement is dated [insert day] of [insert month] 20[insert year] Parties 1 [Insert full name and address of individual or company name, number and address of registered office] (Party A) 2 [Insert full name and address of individual or company name, number and address of registered office] (Party B) each a ‘Party’ and together the ‘Parties’ The parties agree: 1 Definitions and interpretation Dispute • means any claim arising out of or connected with [Insert description of the dispute/circumstances giving rise to the dispute]. Proceedings • means court proceedings in England and Wales and any arbitration in relation to the Dispute. Period of Extension • means the period which begins on the date of this Agreement and continues until it is terminated in accordance with clause 3. Extension Date • means the date on which the Period of Extension ends, in accordance with clause 3. 1.1 Save where the context otherwise requires, in this Agreement: 1.1.1 words in the singular include the plural and vice versa; 1.1.2 reference to one gender includes a reference to the other genders; 1.1.3 any reference to a company means any company, corporation or other body
PRECEDENTS
Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify division] [Specify specialist court] [Insert location]