Long Term Agricultural Land Lease Page 16
ADVERTISEMENT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22the Lessee or any predecessor in title of the Lessee or party lawfully occupying
the Farm or any part thereof under the Lessee.
and
the expression “required works” shall mean works executed by the Lessee in
pursuance of an obligation imposed on the Lessee (i) by the within lease or by
any lease of which the within is a renewal (other than works which may be
pursuant to clause(s)
of such lease) OR (ii) by an agreement for the
granting of the within lease or of any lease of which the within is a renewal or
by virtue of any licence or deed of variation relating to the Farm.
2.
In the event of the President or other office endowed with the functions of the President of such
Society as shall be relevant for the purposes of paragraph 1 of this schedule being unable or
unwilling to make the nomination therein mentioned the same may be made by the next senior
officer of that Society or Institute who shall be so able and willing.
3.
The Independent Valuer in relation to any matter so to be determined by him shall:-
(i)
give notice of his nomination to the Lessor and the Lessee.
(ii)
be entitled to enter the Farm as often as he may reasonably require for the purpose of
inspection and examination.
(iii)
afford to each of the parties concerned a reasonable opportunity of stating (whether in
writing or otherwise as may be decided by him and within such time as he may
stipulate in that behalf) reasons in support of such contentions as each party may wish
to make relative to the matter or matters under consideration.
(iv)
act as an expert and not as an arbitrator and so that his determination or determinations
shall be final and conclusive between the parties.
(v)
be entitled to seek and pay for advice on any matter which he reasonably considers
pertinent to the reference or to his determination thereof.
(vi)
be empowered to fix his reasonable fees in relation to any such reference and
determination and matters incidental thereto which said fees and any reasonable
expenses incurred by the Independent Valuer in or about the said reference and
determination shall be shared equally between the Lessor and the Lessee.
(vii)
give notice in writing of his determination to the Lessor and the Lessee within such
time as may be stipulated by the terms of his appointment or in the event of there being
no such stipulation within two calendar months of the acceptance by him of the
nomination to act in the matter PROVIDED ALWAYS that the Independent Valuer
may defer the giving of such notice until such time as his fees and expenses as
13
ADVERTISEMENT
0 votes
Related Articles
Related forms
Related Categories
Parent category: Business