SCHEDULE OF CONDITIONS
REFERRED TO IN THE FOREGOING AGREEMENT
1. The Hirer shall maintain the Subjects in a safe, clean and tidy condition and shall remove all litter or other rubbish deposited on the Subjects on termination of the Period of Hire.
2. The Hirer shall vacate and remove himself and all his goods, gear and effects and return the Subjects to the Owner at the termination of this Agreement for whatever reason in order that the Owner may have full and unimpeded use of the Subjects from the date of such termination.
3. No warranty is given by the Owner as to the state and condition of the
4. The Hirer shall ensure that the Subjects are not at any time visually unsightly nor used for any purpose which may cause any nuisance, annoyance or disturbance to any neighbouring properties, to any member of the public or to the Owner or which shall or may bring the Owner into disrepute.
5. The Hirer shall not install, place or erect or allow anything (including advertisements) to be installed, placed or erected on the Subjects except with the prior written approval of the Owner. Any permitted erection etc. shall be removed prior to termination of the Period of Hire and the Subjects shall be reinstated to their condition prior to the Commencement Date.
6. The Hirer shall not permit or bring in or upon the Subjects anything which may put any weight or strain in excess of that which the Subjects are calculated to bear with due regard to a margin of safety.
7. The Hirer shall not light any fires or bonfires upon the Subjects except with the prior written consent of the Owner which consent may be given or withheld at the Owner's discretion.
8. The Hirer shall not permit any livestock or other animal or animals whatsoever to be brought onto the Subjects except (i) that members of the public attending the Subjects in connection with the purposes of the Hire may bring guide dogs upon the Subjects PROVIDED THAT such dogs are at all times kept under control and (ii) with the prior written consent of the Owner.
9. The Hirer shall not conduct or permit or suffer to be conducted on the Subjects any collection, game of chance, sweepstake, lottery or betting of any kind whatsoever without the prior written consent of the Owner.
10. The Hirer shall not permit or suffer any person to bring any drugs other than for medical treatment into the Subjects and shall expel or cause to be expelled any drunken or disorderly person from the Subjects.
11. The Owner reserves the right to enter upon the Subjects at any time during the Period of Hire for the purpose of ensuring observance by the Hirer of the terms and conditions of this Agreement.
12. The Owner shall have no liability to the Hirer for (i) any loss, injury or damage which the Hirer may suffer, howsoever caused, whether to any property belonging to the Hirer or to any third party whilst situated upon the Subjects or (ii) any loss, injury or damage which the Hirer may suffer, howsoever caused to self or any other third party present upon the Subjects.
13. The Hirer shall observe and fully comply with the requirements of all Acts of Parliament, Statutory Instruments, Bylaws, Regulations and others already or hereafter to be passed which may in any way relate to the Hirer's obligations in terms of this Agreement or to the Hirer's use of the Subjects.
14. The Agreement of which this Schedule forms part does not and shall not at any time constitute a lease of the Subjects or any part of the Subjects by the Owner to the Hirer.
15. The Owner shall be entitled to terminate this Agreement forthwith and without penalty to the Owner (but without prejudice to any accrued rights or remedies or any further remedies the Owner shall possess) and the Hirer shall thereby forfeit all right, title and interest hereunder (subject to any entitlement to the return of the Deposit in terms of Condition 19 of this Schedule) should there be a material breach by the Hirer of any of the terms and conditions of this Agreement providing such breach fails to be properly remedied by the Hirer within 24 hours of receipt by the Hirer of notice that it is in breach or within such shorter or longer period as is appropriate and as is intimated in the notice by the Owner. If this Agreement is so terminated by the Owner in terms of this Condition 17, the Hirer shall have no claim whatsoever against the Owner in damages or otherwise howsoever caused.
16. Notwithstanding anything to the contrary herein, if by reason of an event of Force Majeure, Act of God, accident, fire, failure of any technical or electrical facilities not within the Owner's reasonable control, enactment, rule, order or act of Government, war, threat of terrorism, riot, state of emergency, civil commotion or disturbance, lock-out,strike,(whether official or not),failure of any previous occupant of the Subjects to vacate the Subjects or any part thereof or any other cause (no such cause being within the control of the Owner) or the refusal, revocation, suspension or cancellation of any licence, permission, or other such permit, licence or authority required by the Owner for the purpose of the Hire, the Owner is or anticipates that it will be prevented or hindered from fulfilling its obligations in terms of this Agreement then the Owner shall forthwith advise the Hirer and the Hirer shall be entitled at any time thereafter so long as such cause still subsists to terminate this Agreement by notice in writing to the Owner. In the event of such cancellation the Owner shall not be liable to the Hirer for any loss which he may sustain in consequence thereof.
17. Upon termination of this Agreement for whatever reason, in the event that the Subjects are not left in the same condition as prior to the Commencement Date (fair wear and tear excepted) the Owner shall be entitled to carry out such works as are required to reinstate the Subjects to their condition prior to the Commencement Date and to deduct from the Deposit the costs reasonably and properly incurred by the Owner in carrying out such reinstatement works. The balance of the Deposit after deduction of such costs (if any) shall be repaid by the Owner within thirty days after the Termination Date or the completion of such reinstatement works, whichever is the later. In the event that the Deposit is insufficient to cover such costs incurred by the Owner, then the Owner shall be entitled to recover from the Hirer the difference between the Deposit and the costs incurred by the Owner in carrying out the reinstatement works.
18. The Agreement of which this Schedule forms part is personal to the Hirer and the Hirer shall not assign, sub-let or otherwise part with possession of the Subjects or deal with the whole or any part of his interest hereunder.
19. This Agreement shall be construed and the rights of the parties and all matters arising hereunder shall be determined in all respects only according to the Law of Scotland and the parties hereby submit themselves to the sole and exclusive jurisdiction of the Court of Session and the Sheriff Court of Argyll at Oban to resolve any disputes under this Agreement or a breach of its terms.