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This
Indenture made the fourteenth day of December One thousand
nine hundred and seventeen Between HENRY WILLIAM HARRIS of Thornton
Hall Stony Stratford in the County of Buckingham a Colonel in His Majesty's
Army (hereinafter called "the Landlord" which expression shall
include his heirs and assigns where the context so admits) of the one part
and EMILY BRAY and FRANCES MARGARET GOUGH both of the Convent of Jesus and
Mary Ipswich in the County of Suffolk Spinsters and ELIZABETH LAROCHE of
the Convent of Jesus and Mary Felixstowe in the
County of Suffolk Spinster (hereinafter called "the Lessees"
which expression shall include their executors administrators and assigns
where the context so admits) of the third part Witnesseth
as follows:-
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Consideration.
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I. THE demise
hereinafter contained is made in consideration of the rents and covenants
on the part of the Lessees and conditions hereinafter reserved and
contained.
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Demise
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II. THE Landlord doth
hereby demise unto the Lessees:-
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All the premises specified in the First Schedule
hereto BUT EXCEPT AND RESERVED out of these presents the premises specified
in the Second and Third Schedules hereto respectively.
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Habendum
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to hold the
premises hereby demised unto the Lessees from the twenty-ninth day of
September One thousand nine hundred and seventeen for the term of fourteen
years then next ensuing. -
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Reddendum
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Paying therefore yearly during the said term hereby
granted and so in proportion for a less time than a the rent of Nine
Hundred and Four Pounds to be paid without any deduction (except for
landlord’s property tax) by equal quarterly payments on the four
usual quarter days in every year the first of such payment to be made on
the twenty-fifth day of December One thousand nine hundred and seventeen
and the last payment to be made in advance one calendar month before
expiration of the said term or immediately on the determination thereof in
the event of the same being determined by re-entry under the proviso in
that behalf hereinafter contained the Iessees to
be entitled to possession immediately on the execution hereof.
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Covenants by
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the Lessees
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III. THE Lessees do
hereby for themselves and their assigns covenant with Lessees the Landlord
in manner following that is to say:
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(1)To Pay rent
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(1) That the Lessees
will during the continuance of the term hereby granted pay the said yearly
rent hereinbefore reserved and made payable at the times and in the manner
at and in which the same is hereinbefore reserved and made payable without
any deduction whatsoever except as aforesaid.
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(2) To Pay Outgoings
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(2) That the Lessees will from time to time and at all times during the said term pay and discharge all rates taxes (including land tax) duties charges impositions assessments and outgoings whatsoever whether parliamentary parochial local or of any other description which are now or may at any time hereafter be assessed charged or imposed upon or payable in respect of the said demised premises or the said rent hereby reserved or the owner or occupier in respect thereof respectively the landlord's property tax only excepted.
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(3) To Pay costs of
abating nuisance
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(3) That the Lessees
will from time to time pay all costs charges and expenses incurred by the
Landlord in abating a nuisance and executing all such works as may be
necessary for abating a nuisance in obedience to a notice served by a local
authority other than a nuisance arising from the defective construction
of any structure now on the demised premises.
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(4) To pay Costs of
proceedings under Section 14 of the Conveyancing
Act
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(4) That the Lessees
will pay unto the Landlord on demand all costs charges and expenses
(including legal costs and fees payable to a surveyor) which may be
incurred by the Landlord in or in contemplation of any proceedings under
the 14th Section of the Conveyancing Act 1881.
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(5) To execute the works
required by Local Authority
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(5) That the Lessees
will execute all such works as are or may under or in pursuance of any Act
or Acts of Parliament already or hereafter to be passed be directed or required
by any district council or other local or public authority to be executed
at any time during the said term upon or in respect of the said demised
premises whether by the Landlord or tenant thereof And further will pay and
indemnify the Landlord against all fees charges penalties claims and
expenses to be paid or incurred thereunder or
which may be payable for obtaining the approval of the local or other
authorities to any of the works or matters done or to be done on or in
respect of the demised premises.
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(6) To paint outside
every three years
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(6) That the Lessees
will in or before the year One thousand nine hundred and twenty and
thereafter once in every four years of the said term or oftener if
necessary for proper preservation thereof and also during the last year
thereof paint the outside wood and iron and repair the stucco and cement
work (which now is and in the past has usually been painted) of all
erections and buildings from time to time during the said term standing on
the piece of land hereby demised and all additions from time to time made
to such erections and buildings respectively (all which erections buildings
and additions are hereinafter referred to as "the present and future
buildings") such painting to be with two coats of good oil and whitelead paint in a proper and workmanlike manner but
the painting of the outside of the house shall not be required to be done
so as to interfere with or damage the creeper at present growing on the
house. [Written Addendum: Provided however that the Lessees shall not
allow the creeper to overgrow the woodwork of the windows on the gutters,
and that should repair become necessary to the down water pipes, the
Lessees will renew the same if (in order to preserve the creeper) they
prefer not to repair the old ones]
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(7) To paint inside
every seven years
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(7) That the Lessees
will in or before the year One thousand nine hundred and twenty and
thereafter once in every seven years of the said term and also during the
last year thereof paint all the inside wood and ironwork usually painted of
the present and future buildings with three coats of good oil and whitelead paint in a proper and workmanlike manner and
afterwards grain marble and varnish the parts usually grained marbled and
varnished and also wash distemper and whiten all ceilings and colour all walls and repaper the rooms and staircase
and size and varnish the staircase paper in the usual manner Provided
always that the Lessees shall not be liable to paint either the outside or
the inside during the last year if they shall have paid at least Ten
Thousand Pounds on account of the purchase money of the freehold of the
said premises and have performed and observed to date all their obligations
under this Lease.
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(8) To Repair
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(8) That the Lessees
will from time to time and at all times during the said term keep the
present and future buildings and all premises in as good order and
condition and as good a state of repair as the same are now in and in
particular will repair the outside and inside plastering and stucco at all
times when necessary.
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(9) To maintain gardens
and pleasure grounds, etc
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(9) That the Lessees
will at all times during the said term maintain the gardens and pleasure
grounds of the said premises in good order and properly planted and
carefully preserve the timber-trees and all ornamental and fruit trees
bushes and shrubs which are now or may at any time during the said term be
growing on the said premises [Written Addendum: and prune trees and
train such fruit trees bushes and shrubs ivies and creepers on walls and
all ornamental trees proper to be so treated] and replace such of the shrubs and plants as may die or require
replacing.
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(10) To deliver up at
end of tenancy in good repair
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(10) That at the
expiration or sooner determination of the said term the Lessees will
quietly yield up unto the Landlord the said demised premises so painted
repaired cleansed maintained amended kept and pointed as aforesaid together
with all additions and improvements made thereto in the meantime and all
fixtures of every kind now in or upon the said premises or which at the
expiration or sooner determination of the said term or at any time during
the last seven years thereof may be affixed or fastened to or upon the said
premises except tenant's or trade fixtures.
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(11) To permit Landlord
to enter and view premises and to repair on notice
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(11) That it shall be
lawful for the Landlord or his agents twice or oftener in every year during
the said term during seasonable hours in the daytime with or without
workmen or others to enter the said premises to view the state of repair
and condition of the same and of all defects and wants of reparation then
and there found (which the Lessees are liable hereunder to make good) to
give or leave on the said premises notice in writing to the Lessees And
that the Lessees will within the period of three calendar months next after
any such notice as aforesaid or sooner if requisite repair and make good
the same according to such notice and the covenant in that behalf
hereinbefore contained.
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(12) To permit Landlord
to enter and take inventories of fixtures
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(12) That the Lessees will permit the
Landlord or the surveyors servants or agents of the Landlord at any time or
times during the last seven years of the said term to enter upon the said
premises or any part thereof during seasonable hours in the daytime and to
take schedules or inventories of the fixtures and things to be yielded up
at the expiration of the said term.
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(13) No rights of Light
or air to be acquired by any window in demised premises
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(13) That in respect of any window which
is now or may at any time hereafter be placed in any wall of any building
now or at any time hereafter standing on the premises hereby demised
overlooking other land now belonging to the Landlord the Lessees and the
tenants of the Lessees shall be deemed to enjoy the access and use of light
and air thereto with the consent and by the leave and license of the
Landlord and the tenants of the Landlord and shall not by the enjoyment
thereof acquire any absolute or indefeasible or other right thereto.
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(14) To insure and
rebuild in case of fire
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(14) That the Lessees
will forthwith insure and at all times during the said term keep insured
against loss or damage by fire and hostile aircraft the said messuage and all buildings erections and fixtures of an insurable nature which at any time during the said term may be erected or placed upon or affixed to the said demised premises in the sum of Twenty Thousand Pounds at least in the Norwich Union Fire Insurance Society or in some other office of repute to be prescribed in writing by the Landlord in the joint names of the Landlord and the Lessees And will whenever required produce to the Landlord or the Landlord's agent for the time being the policy of every such insurance and the receipt for the last premium thereof And that in default thereof the Landlord may without prejudice to the power of re-entry under the clauses hereinafter contained insure the said premises in manner aforesaid and pay the premiums payable in respect thereof and that the premiums so paid and all incidental expenses shall be repaid by the Lessees to the Landlord on demand And that in case the said messuage buildings and premises or any part thereof
shall at any time during the said term be destroyed or damaged by fire then
and as often as the same shall happen all moneys received in respect of
such insurance shall with all convenient speed be laid out in rebuilding
repairing or otherwise reinstating the same premises in a good and
substantial manner and under the direction of the Landlord’s surveyor for the time being And in case the moneys received in respect of the said insurance shall be insufficient for that purpose the Lessees will make good the deficiency out of the Lessees' own moneys.
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15) Not to erect new
buildings or make alterations to buildings
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(15) That the Lessees will not at any time during the said term without the previous consent in writing of the Landlord or the Landlord's surveyor or agent for the time being erect or build or place or suffer to be erected or built or placed on the premises hereby demised or any part thereof any additional building or erection of any sort whatsoever or make or suffer to be made any considerable alteration or addition whatsoever (either externally or internally) in or to any building or erection already erected or in or to any new building or erection which with such consent as aforesaid may hereafter be erected on the premises hereby demised or in or to any permitted alteration or addition but this clause shall not apply to the following to which the Landlord hereby agrees:
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:
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(1) The removal of the
greenhouse outside the Banqueting Hall.
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(2) The addition of a storey to the school adjoining the Chaplain's house.
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(3) The improvement of
the laundry building.
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(4) The building of a
dairy.
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(5) The putting up of partitions to sub-divide bedrooms and the
erection of chicken houses and summerhouses in suitable positions.
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Such consent shall not be unreasonably withheld nor withheld to any proposed addition or alteration which will have the effect of improving the value of the property as a whole. The Lessees will pay for every such consent not hereby given any solicitor's costs incurred by the Landlord therefor not exceeding Two Pounds Two Shillings for any one such consent and in addition any surveyor's or architect's charges reasonably incurred for approving the plans and specifications for any such work. The Lessees will if required by the Landlord (as regards any such alterations and additions) reinstate and re-decorate the premises in all respects and make good any damage occasioned thereby at the end of the Lease unless they are then completing their purchase of the freehold.
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(16) New buildings, etc, to be made
according to approved plans, etc
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(16) That every
permitted new building or erection or alteration or addition as aforesaid
shall (except as to small structures such as summerhouses and chickenhouses and the subdivision by partitions before mentioned) be made according to the plans elevations and specifications previously approved of in writing by the Landlord's surveyor or agent for the time being.
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(17) Conditions to be
observed in case of rebuilding
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(17) That in case at any time during the said term there shall be occasion to rebuild any building or erection hereby demised or any permitted new building or erection as aforesaid or any part (including any permitted addition or alteration) thereof respectively whether by reason of destruction by fire or through decay or from any other cause the same shall be rebuilt in a good and substantial manner and under the direction and to the satisfaction of the Landlord's surveyor for the time being and on the original site thereof and according to the original plans elevations and specifications thereof or on such other site and according to such other plans elevations and specifications as shall be previously approved of in writing by the Landlord or the Landlord's surveyor or agent for the time being and not otherwise and the Lessees shall pay to the Landlord for every such approval a fee of Two Guineas.
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(18) To remove buildings, etc, made in breach of covenant
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(18) That the Lessees will on the request in writing of the Landlord or the Landlord's surveyor or agent for the time being forthwith pull
down and remove any building erection alteration or addition erected or
made in breach of any of the foregoing covenants.
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(19) Not to cut walls
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(19) That the Lessees
will not at any time cut maim or remove any of the main walls or timbers of
any building for the time being standing on the said premises unless for
the purpose of supplying and making good any defect therein which shall be
supplied and made good accordingly or as far as necessary for the
subdivision of bedrooms by partitions as aforesaid.
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(20) Not to commit waste
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(20) That the Lessees will not without first obtaining the consent in writing of the Landlord or the Landlord's agent or surveyor for the time being cut destroy or lop any tree which may at any time during the term hereby granted be growing upon or adjacent to the premises hereby demised or open work or dig for any mines minerals quarries clay chalk gravel or sand in upon or under the same.
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(21) Not to permit easements to be acquired
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(21) That the Lessees will not without the previous consent in writing of the Landlord or the Landlord's surveyor or agent for the time being knowingly permit or suffer any easement or right in the nature of an easement to be acquired in or over the demised premises or any part thereof unless and save in so far as such acquisition could not have been prevented by the Lessees and that the Lessees will give prompt notice to the Landlord or the Landlord's agent or surveyor for the time being of any circumstances which could or might result in the acquisition of any such right or easement as aforesaid and will at the request and cost of the Landlord adopt such means as may be reasonably required or deemed proper for preventing any such acquisition as aforesaid.
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(22) To use only for
certain specified purpose
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(22) That the Lessees
will not without the written consent of the Landlord first had and obtained
use or suffer to be used any messuage or building
for the time being standing on the premises hereby demised for any trade or
business or otherwise than as a convent or private dwellinghouse
or ladies boarding school or a coachhouse stable
or other outbuilding thereto and that so much of the said land as shall
remain unbuilt upon shall be used only as the
yards gardens or pleasure grounds of such dwellinghouse
and that the Lessees will keep such yards gardens and pleasure grounds in a
neat and orderly condition.
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(23) Not to commit
nuisance, etc
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(23) That the Lessees will not do or suffer to be done in or upon the said premises or any part thereof any act or thing whatsoever which shall or may be or become a nuisance damage injury annoyance or inconvenience to the Landlord or the Landlord's tenants or the occupiers of any of the adjoining lands or houses or the neighbourhood or which may tend to
deteriorate the value of the adjoining lands and houses or any of them.
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(24) Not to assign or
underlet
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(24) That the Lessees
will not at any time during the term hereby granted assign or underlet or
part with the possession of the said premises or any part thereof without
the previous consent in writing of the Landlord.
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(25) To give to Landlord notice of capital Assignment
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(25) That the Lessees
will within three calendar months next after any absolute transfer
assignment or devolution of the interest of the Lessees under this present
Lease in the said demised premises or any part thereof give notice in
writing to the solicitor for the time being of the Landlord of such
transfer assignment or devolution and of the name quality and place or
places of abode of the person or persons to whom such transfer assignment
or devolution shall be made and produce to such solicitor the instrument
(duly stamped) of such transfer assignment or devolution and pay to such
solicitor a fee of One Guinea for the registration of such notice.
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Further covenants by the
Lessees
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IV. WITHOUT prejudice to
the generality of the foregoing covenants the Lessees for themselves and
their assigns do hereby further covenant with the Landlord in manner
following that is to say:
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(1) To erect fences *
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(1) Within twelve calendar months after
the end of the present war to erect a cattle proof wooden or galvanised iron fence five feet high along the unfenced boundary marked 'E' to 'G' on the plan No 1 annexed to these presents (here after called the plan) and along the unfenced boundary between the points marked 'P' to 'Q' on the plan such fences to be erected on the land hereby demised,
[* Pencilled Note: End of War was
officially stated to be Dec 10th 1920]
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(2) Maintain well, pump,
fence,etc,
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(2) At all times properly to maintain repair and when necessary renew the well and pump marked 'T' on the plan and the fences to be erected as aforesaid on the land hereby demised and all such of the existing boundary walls and fences as are included in this Lease and adjoin property belonging to the Landlord.
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(3) To pay half cost of
maintaining road
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(3) At all times on
demand to pay one moiety of the cost of maintaining repairing and renewing
the metalled roadway (including the bridges) between the points marked 'A' and 'B' on the plan after deducting from the entirety of such cost all contributions made by local authorities towards such maintenance.
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(4) To maintain [Written
Addendum: Reservoir and] certain water pipes
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(4) At all times to maintain repair and when necessary renew the reservoir marked 'R' on the plan and such of the main water pipes and drainage pipes and other works as are used for the purpose of conducting water from the river to the said reservoir and from such reservoir to the various points of supply but this shall not include the small water pipes on the lands of the Lessor which connect with the said
main water pipes.
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(5) To maintain and work
turbine [Written Addendum: and electric light plant]
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(5) At all times properly to maintain repair and (when necessary) renew the turbine situate at the point marked 'C' on the plan and so to work the same as at all times to keep the said reservoir filled with water up to a depth of five feet [Written Addendum: and also at all times to maintain repair and when necessary renew the electric light plant]
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(6) As the name of
Thornton Hall
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(6) To cause the
buildings to be used by some name other than Thornton Hall and not to
object to the Landlord causing any other house or property in the neighbourhood to be called by that name. -
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(7) As to growing fruit,
etc
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(7) To allow the Landlord to leave the fruit and potatoes now growing on the land hereby demised and in the green houses and at any time or times before the first day of December One thousand nine hundred and seventeen to remove the same or any of them and to enter on the land hereby demised for that purpose the Landlord interfering as little as reasonably can with the Lessees' occupation of the premises.
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(8) To preserve growing
fruit, etc
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(8) To allow reasonable
precautions to be taken by the Landlord that the fruit now in the
greenhouses and removable as aforesaid will grow and be properly protected
and preserved for him and permit access for that purpose.
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(9) As to storage of
wines
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(9) To allow the
Landlord to leave in the cellars the wine and spirits at the date of these
presents stored there up to twelve months after the end of the war and at
any time or times previously thereto but not with unreasonable frequency
during reasonable hours in the daytime to come and remove the same or any
part or parts thereof.
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(10) As to storage of
furniture.
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(10) To allow the
Landlord to store in the rooms to be agreed upon by the parties hereto all
or any of his furniture and moveable chattels now in or about the house up
to the twenty eighth day of February March one thousand nine hundred
and eighteen and the articles specified in the list * thereof to be signed
by or on behalf of the parties hereto to be stored in the rooms or places specified
in such list and also all carriages harness motor cars and chattels used in
connection therewith in the stabling coach-houses harness rooms and mens' rooms until twelve months after the present
war and at any time or times before such respective time limits to come and
remove the same or any part or parts thereof but as to the stabling
coach-houses harness rooms and mens' rooms
the Lessees are to have all such reasonable accommodation therein as they
may require for their private use. [*Pencilled
Addition -list to be signed]
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(11) As to care of
furniture
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(11) To take all
reasonable care of and reasonable care to protect from damage the said
furniture and moveable chattels whilst the same or any part thereof remains
so stored in the said rooms and stables coach-houses harness rooms and mens' rooms.
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(12) As to use of
stables, etc
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(12) To allow the
Landlord the use of any available stalls stables etc. in the stables for
putting in his horses and [Pencilled
Addition: the coachhouses] for housing
his motor cars when visiting the estate until twelve months after the end
of the present war.
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(13) As to game.
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(13) Not to catch or
kill or feed on the lands hereby demised any pheasant wild duck teal
widgeon snipe or other game and to allow the Landlord and his servants or
other authorised by him at all times to enter on
the lands hereby demised for the purpose of removing or driving off any
such game and removing the eggs thereof.
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Agreement as to
reduction of rent
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V. AND IT IS HEREBY
AGREED AND DECLARED that if the Lessees shall after giving one month’s
previous notice to the Landlord of their intention so to do pay to the
Landlord any one or more instalments of not less
than Four Thousand Pounds each on account of the purchase by them of the
freehold reversion in the said premises without completing their purchase
and taking a conveyance of the property the said rent shall thereupon be
reduced by four and a half per cent per annum upon the moneys so paid as
aforesaid.
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Power of re-entry
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VI. PROVIDED ALWAYS AND
THESE PRESENTS ARE UPON THIS CONDITION that if the said yearly rent hereby
reserved or any part thereof shall at any time be in arrear and unpaid for
twenty-one days next after the same shall have become due (whether any
formal or legal demand thereof shall have been made or not) or if the
Lessees shall at any time fail or neglect to perform or observe any of the
covenants conditions or agreements herein contained and on the part of the
Lessees to be performed and observed then and in any such case it shall be
lawful for the Landlord or any person or persons duly authorised
by the Landlord in that behalf into or upon the said hereby demised
premises or any part thereof in the name of the whole to re-enter and the
said premises peaceably to hold and enjoy thenceforth as if these presents had
not been made without prejudice to any right of action or remedy of the
Landlord in respect of any antecedent breach of any of the covenants by the
Lessees hereinbefore contained.
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Covenants by the
Landlord
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VII. THE Landlord for
himself and his assigns doth hereby covenant with the Lessees as follows
namely
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(1) For quiet enjoyment
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(1) That the Lessees
paying the rent hereby reserved and obtaining observing and performing the
several covenants conditions and agreements herein contained and on the
part of the Lessees to be observed and performed shall and may peaceably
and quietly hold and enjoy the said premises hereby demised during the term
hereby granted without any lawful interruption or disturbance from or by
the Landlord or any person or persons claiming under or in trust for the
Landlord.
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(2) To maintain roadway
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(2) That the Landlord
will at all times until the roadway shall be taken over by the local or any
other authority properly maintain the metalled roadway (including the bridges) between the points 'A' to 'B' on the plan.
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(3) To allow the Lessees
to enter lands of Landlord to repair, etc, waterpipes,
etc,
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(3) To allow the Lessees at reasonable
times on giving (except as to repairs urgently required) seven days
previous written notice to the Landlord to enter upon the lands of the
Landlord along the site and line of the reservoir water pipes and drainage
pipes and other works referred to in Clause IV (4) hereof for the purpose
of maintaining repairing and renewing the same the Lessees doing as little
damage as possible and making good all damage caused in the exercise of
such right
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(4) Not to enter for
game, except, etc
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(4) That the Landlord
will not enter on to the lands hereby demised for the purpose of exercising
any of the sporting rights reserved out of this demise except* as
hereinbefore provided.
* [Pencilled
Addendum: See Clause 4(13) Page 10]
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Marginal notes
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VIII. The marginal notes
are to facilitate reference only and are not in any way to affect the
construction of these presents or any clause herein contained.
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IN WITNESS whereof the
said parties hereto have hereunto set their respective hands and seals the
day and year first above written.
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