KNOW YOUR CLAUSE
Q. 1. What is the Drainage Clause?
A.1.The Drainage Clause as stated in the lease is as follows:
Not to cause or permit any fuel , water, refuse, oil, grease or other liquid or solid or other deleterious matter to be discharged or deposited into the area surrounding the said lands or the existing or proposed general drainage system of the said lands or the existing or proposed general drainage system of the lands on the Industrial Estate and to employ such plant for treating on deleterious effluent as may be required by the landlord from time to time in accordance with the best modern practices.
At its own cost and expense to provide and maintain or to cause to be provided and
maintained on the said Lands sufficient drains, culverts and passages consistent with the main drainage system of the Industrial Estate for carrying off any water and/or effluent and in particular storm water.
Q.2. Why is the drainage clause important?
A.2. This is clause is important as it provides guidance to the Tenant on the maintenance of a safe and effective drainage system. Once followed it prevents any issues of inter alia, flooding, foul odors which may emanate from stagnant water/waste.
Q.3.What is required to prevent a breach of this Clause?
A.3. I think this is covered in (ii) of the clause itself. Once the Tenant complies with this clause there will be no breach, i.e. the provision and maintenance of sufficient drains, culverts and passages consistent with the main drainage system of the Industrial Park.
Q.4. What happens if this clause is breached?
A.4. The breach of this Clause will affect the tenant in its operations and may also affect other Tenants of the Park. If a Tenant fails to provide or maintain a proper drainage system, there can be flooding on the Park, foul odors and this can affect the entire park. Where this happens, e tecK can service the Tenant with a notice to remedy same, failing which e TecK can exercise its rights as Landlord to forfeit the premises.