8.4  Exclusion of Security

(a)  Exclusion of Security for the Head Lease79

The Contractor hereby confirms that before it became contractually bound to enter into the tenancy created by the Head Lease pursuant to this Agreement:

(i)  The Authority served on the Contractor a notice dated [**         ] day of [**                 ] in relation to the tenancy created by the Head Lease ("the Head Lease Notice") in a form complying with the requirements of Schedule 1 to the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 ("the Order").

(ii)  The Contractor, or a person duly authorised by the Contractor, in relation to the Head Lease Notice made a statutory declaration ("the Head Lease Declaration") dated [**              ] day of [**              ] in a form complying with the requirements of Schedule 2 of the Order.

(iii)  The Contractor further confirms that, where the Head Lease Declaration was made by a person other than the Contractor, the declarant was duly authorised by the Contractor to make the Head Lease Declaration on the Contractor's behalf.

(iv)  The Authority and Contractor agree to exclude the provisions of sections 24 to 28 (inclusive) of the Landlord and Tenant Act 1954 in relation to the tenancy created by the Head Lease.

(b)  Exclusion of Security for the Sub-Lease80

The Authority hereby confirms that before it became contractually bound to enter into the tenancy created by the Sub-Lease pursuant to this Agreement:

(i)  The Contractor served on the Authority a notice dated [**        ] day of [**          ] in relation to the tenancy created by the Sub-Lease ("the Sub-Lease Notice") in a form complying with the requirements of Schedule 1 of the Order.

(ii)  The Authority, or a person duly authorised by the Authority, in relation to the Sub-Lease Notice made a statutory declaration ("the Sub-Lease Declaration") dated
[**               ] day of [**              ] in a form complying with the requirements of Schedule 2 of the Order.

(iii)  The Authority further confirms that, where the Sub-Lease Declaration was made by a person other than the Authority, the declarant was duly authorised by the Authority to make the Sub-Lease Declaration on the Authority's behalf.

(iv)  The Contractor and the Authority agree to exclude the provisions of sections 24 to 28 (inclusive) of the Landlord and Tenant Act 1954 in relation to the tenancy created by the Sub-Lease.

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79 This clause will need to be repeated for each Head Lease.  The notice and declaration must be made in the standard form.  The notice must be given and the statutory declaration made before entering into this agreement.  The declaration must be by way of a statutory declaration if the agreement is entered into less than 14 "Business Days" from the date of the notice.

80 This clause will need to be repeated for each Sub-Lease.  The notice and declaration must be made in the standard form.  The notice must be given and the statutory declaration made before entering into this agreement.  The declaration must be by way of statutory declaration if the agreement is entered into less than 14 days from the date of the notice.