3.9 Use

3.9.1 Not to carry on upon the Property any noisy noxious offensive or dangerous trade or occupation provided that the proper use of the Property for the purposes permitted by clause 3.9.3 shall not be a breach of this Clause;

3.9.2 Not to use the Property for any illegal or immoral purpose;

3.9.3 Without prejudice to the preceding covenants in this Clause not to use the Property otherwise than:

(a) for the purposes of the provision of educational services by the Tenant (as set out in any charitable objects of and in accordance with the memorandum and articles of association of the Tenant from time to time); [and

(b) for community purposes which may include (without limitation) community healthcare use, use as a crèche, use for mothers and toddlers groups, use as a healthy living centre, use as a community café community arts centre or general community centre or use as a church, fundraising and recreational purposes which are ancillary to the use permitted under Clause 3.9.3 (a).]11

[Provided that:

(c) whilst the Project Agreement is subsisting the Tenant's use of the Property in accordance with this clause 3.9.3 shall be in accordance with the terms and conditions of the Schools Agreement.]12




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(xi) 11 It is likely that the items in (b) would be within the charitable objects referred to in (a). However, this additional wording has been inserted as an optional clause for discussion between the parties on a case by case basis.

(xii) 12 Delete if not relevant.