NON-EXCLUSIVE LICENCE

LICENCE
Flower and Hart
severally. Every provision expressed or implied in this Licence which applies to two (2) or more
persons, applies to those persons jointly and each of them severally.
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
References to any authorities, associations and bodies, whether Statutory or otherwise, will, if any
of those authorities, associations or bodies ceases to exist or is reconstituted, renamed or
replaced, or if its powers or functions are transferred to any other authority, associations or body,
be deemed to refer to the authority association or body established or constituted in its place
and/or as nearly as may be succeeding to its powers or functions.
Any covenant by the Licensee not to do any act or thing is deemed to include an Obligation not to
permit that act or thing to be done, and to use its best endeavours to prevent that act or thing being
done by a third party.
Any provision in this Licence requiring the Consent or Approval of PBPL, also requires the consent
or approval of any mortgagee of the Licence Area and any superior landlord, where that consent is
required. Nothing in this Licence implies that any Obligation is imposed upon any mortgagee or
superior landlord, not unreasonably to refuse any consent or approval.
References to the “Consent” of PBPL or words to similar effect, mean a consent in writing signed
by or on behalf of PBPL, and references to “Approved” and “Authorised” or words to similar
effect mean approved or authorised in writing by or on behalf of PBPL. PBPL may refuse consent,
or grant consent unconditionally, or subject to conditions, in each case as PBPL having regard to
the interests of PBPL, thinks reasonable.
The terms “the Parties” or “Party” mean PBPL and/or the Licensee and their respective
successors.
Words denoting the singular number only include the plural number and vice versa. A reference to
any gender includes every other gender. Words denoting individuals include corporations.
A reference in this Licence to an Act of Parliament or any section of an Act shall be read as though
the words “or any statutory modification or re-enactment of it or any statutory provision
substituted for it” were added to the reference. Any general reference to “Statute” or
“Statutes” includes any regulations or orders made under the Statute or Statutes.
Every Obligation or covenant (whether positive or negative) undertaken by any Party will,
notwithstanding the wording, be deemed to be, and will be construed as if each Obligation or
covenant is, a separate and independent covenant made by the Party undertaking the Obligation
and continuing (unless the context otherwise requires) throughout the Term and subsequently so
long as it remains to be performed.
References in this Licence to any Part, Clause, sub-clause, paragraph or Schedule, without further
designation, will be construed as a reference to the Part, Clause, sub-clause, paragraph or
Schedule of this Licence so numbered.
A reference to “Liquidation” includes liquidation, provisional liquidation, official management,
appointment of an administrator, compromise, arrangement, merger, amalgamation, reconstruction,
winding-up, dissolution, de-registration, assignment for the benefit of creditors,
scheme, composition or arrangement with creditors, insolvency, bankruptcy, or any similar
procedure or, where applicable, changes in the constitution of any partnership of persons, or death.
No provision of this Licence will be construed adversely to a Party, solely on the ground that the
Party was responsible for the preparation of this Licence or that provision.
The headings or marginal notes in this Licence are included for convenience only and do not affect
the construction of this Licence.
Use of the expressions “include” and “in particular” does not limit the generality of the preceding
words, or exclude anything not expressly included or particularised, unless this Licence expressly
provides otherwise
Use of the expression “comply with” includes to observe and perform;
Use of the expressions “now” means at the date of this Licence.
Where the day on or by which anything to be done is not a Business Day, that thing must be done
on or by the preceding Business Day.
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