Common use of Acknowledgment and Agreement by Landlord Clause in Contracts

Acknowledgment and Agreement by Landlord. Landlord, as landlord under the Lease and grantor under the Mortgage, acknowledges and agrees for itself and its heirs, representatives, successors and assigns, that: (a) this Agreement does not constitute a waiver by Mortgagee of any of its rights under the Mortgage, Note, or Security Documents, or in any way release Landlord from its obligations to comply with the terms, provisions, conditions, covenants, agreements and clauses of the Mortgage, Note, or Security Documents; (b) the provisions of the Mortgage, Note, or Security Documents remain in full force and effect and must be complied with by Landlord; and (c) Tenant is hereby authorized to pay its rent and all other sums due under the Lease directly to Mortgagee upon receipt of a notice as set forth in paragraph 5(d) above from Mortgagee and that Tenant is not obligated to inquire as to whether a default actually exists under the Mortgage, Security Documents or otherwise in connection with the Note. Landlord hereby releases and discharges Tenant of and from any liability to Landlord resulting from Tenant's payment to Mortgagee in accordance with this Agreement. Landlord represents and warrants to Mortgagee that a true and complete copy of the Lease has been delivered by Landlord to Mortgagee.

Appears in 4 contracts

Samples: Lease Agreement (Texas Roadhouse, Inc.), Lease Agreement (Texas Roadhouse, Inc.), Disturbance and Attornment Agreement (O Charleys Inc)

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Acknowledgment and Agreement by Landlord. Landlord, as landlord under the Lease and grantor trustor under the MortgageDeed of Trust, acknowledges and agrees for itself and its heirs, representatives, successors and assigns, that: (a) this Agreement does not constitute a waiver by Mortgagee Lender of any of its rights under the MortgageDeed of Trust, Note, Note or Security Documents, or nor does this Agreement in any way release Landlord from its obligations to comply with the terms, provisions, conditions, covenants, agreements and clauses of the MortgageDeed of Trust, Note, or Note and Security Documents; (b) the provisions of the MortgageDeed of Trust, Note, or Note and Security Documents remain in full force and effect and must be complied with by Landlord; and (c) Tenant is hereby authorized to pay its rent and all other sums due under the Lease directly to Mortgagee Lender upon receipt of a notice as set forth in paragraph Section 5(d) above from Mortgagee Lender and that Tenant is not obligated to inquire as to whether a default actually exists under the Mortgage, Deed of Trust or the Security Documents or otherwise in connection with the Note. Landlord hereby releases and discharges Tenant of and from any liability to Landlord resulting from Tenant's ’s payment to Mortgagee Lender in accordance with this Agreement. Landlord represents and warrants to Mortgagee Lender that a true and complete copy of the Lease has been delivered by Landlord to MortgageeLender.

Appears in 2 contracts

Samples: Lease (Palo Alto Networks Inc), Office Lease (Bare Escentuals Inc)

Acknowledgment and Agreement by Landlord. Landlord, as landlord under the Lease and grantor trustor under the MortgageDeed of Trust, acknowledges and agrees for itself and its heirs, representatives, successors and assigns, that: (a) this Agreement does not constitute a waiver by Mortgagee Lender of any of its rights under the MortgageDeed of Trust, Note, Note or Security Documents, or nor does this Agreement in any way release Landlord from its obligations to comply with the terms, provisions, conditions, covenants, agreements and clauses of the MortgageDeed of Trust, Note, or Note and Security Documents; (b) the provisions of the MortgageDeed of Trust, Note, or Note and Security Documents remain in full force and effect and must be complied with by Landlord; and (c) Tenant is hereby authorized to pay its rent and all other sums due under the Lease directly to Mortgagee Lender upon receipt of a notice as set forth in paragraph Section 5(d) above from Mortgagee Lender and that Tenant is not obligated to inquire as to whether a default actually exists under the Mortgage, Deed of Trust or the Security Documents or otherwise in connection with the Note. Landlord hereby releases and discharges Tenant of and from any liability to Landlord resulting from Tenant's payment to Mortgagee Lender in accordance with this Agreement. Landlord represents and warrants to Mortgagee Lender that a true and complete copy of the Lease has been delivered by Landlord to MortgageeLender.

Appears in 2 contracts

Samples: Lease Agreement (Handspring Inc), Lease Agreement (Handspring Inc)

Acknowledgment and Agreement by Landlord. Landlord, as landlord under the Lease and grantor under the MortgageDeed of Trust, acknowledges and agrees for itself and its heirs, representatives, successors and assigns, that: (a) this Agreement does not constitute a waiver by Mortgagee Lender of any of its rights under the MortgageDeed of Trust, Note, or Security Documents, or nor does this Agreement in any way release Landlord from its obligations to comply with the terms, provisions, conditions, covenants, agreements and clauses of the MortgageDeed of Trust, Note, or Security Documents; (b) the provisions of the MortgageDeed of Trust, Note, or Security Documents remain in full force and effect and must be complied with by Landlord; and (c) Tenant is hereby authorized to pay its rent and all other sums due under the Lease directly to Mortgagee Lender upon receipt of a notice as set forth in paragraph Section 5(d) above from Mortgagee Lender and that Tenant is not obligated to inquire as to whether a default actually exists under the MortgageDeed of Trust, Security Documents or otherwise in connection with the Note. Landlord hereby releases and discharges Tenant of and from any liability to Landlord resulting from Tenant's ’s payment to Mortgagee Lender in accordance with this Agreement. Landlord represents and warrants to Mortgagee Lender that a true and complete copy of the Lease has been delivered by Landlord to MortgageeLender.

Appears in 1 contract

Samples: Lease Agreement (Planar Systems Inc)

Acknowledgment and Agreement by Landlord. Landlord, as landlord under the Lease and grantor trustor under the MortgageDeed of Trust, acknowledges and agrees for itself and its heirs, representatives, successors and assigns, that: (a) this Agreement does not constitute a waiver by Mortgagee Administrative Agent or any Lender of any of its respective rights under the MortgageDeed of Trust, Note, Note or Security Documents, or nor does this Agreement in any way release Landlord from its obligations to comply with the terms, provisions, conditions, covenants, agreements and clauses of the MortgageDeed of Trust, Note, or Notes and Security Documents; (b) the provisions of the MortgageDeed of Trust, Note, or Notes and Security Documents remain in full force and effect and must be complied with by Landlord; and (c) Tenant is hereby authorized to pay its rent and all other sums due under the Lease directly to Mortgagee Administrative Agent upon receipt of a notice as set forth in paragraph Section 5(d) above from Mortgagee Administrative Agent and that Tenant is not obligated to inquire as to whether a default actually exists under the Mortgage, Deed of Trust or the Security Documents or otherwise in connection with the NoteNotes. Landlord hereby releases and discharges Tenant of and from any liability to Landlord resulting from Tenant's ’s payment to Mortgagee Administrative Agent in accordance with this Agreement. Landlord represents and warrants to Mortgagee Administrative Agent that a true and complete copy of the Lease has been delivered by Landlord to MortgageeAdministrative Agent.

Appears in 1 contract

Samples: Attornment Agreement (Inphi Corp)

Acknowledgment and Agreement by Landlord. Landlord, as landlord under the Lease and grantor under the Mortgage, acknowledges and agrees for itself and its heirs, representatives, successors and assigns, that: (a) this Agreement does not constitute a waiver by Mortgagee of any of its rights under the Mortgage, Note, or Security Documents, or in any way release Landlord from its obligations to comply with the terms, provisions, conditions, covenants, agreements and clauses of the Mortgage, Note, or Security Documents; (b) the provisions of the Mortgage, Note, or Security Documents remain in full force and effect and must be complied with by Landlord; , and (c) Tenant is hereby authorized to pay its rent and all other sums due under the Lease directly to Mortgagee upon receipt of a notice as set forth in paragraph 5(d) above from Mortgagee and that Tenant is not obligated to inquire as to whether a default actually exists under the Mortgage, Security Documents or otherwise in connection with the Note. Landlord hereby releases and discharges Tenant of and any from any liability to Landlord resulting from Tenant's payment to Mortgagee in accordance with this Agreement. Landlord represents and warrants to Mortgagee that a true and complete copy of the Lease has been delivered by Landlord to Mortgagee.

Appears in 1 contract

Samples: Lease Agreement (Icon Health & Fitness Inc)

Acknowledgment and Agreement by Landlord. Landlord, as landlord under the Lease and grantor under the Mortgage, acknowledges and agrees for itself and its heirs, representatives, successors and assigns, that: (a) this Agreement does not constitute a waiver by Mortgagee of any of its rights under the Mortgage, Note, or Security Documents, or in any way release Landlord from its obligations to comply with the terms, provisions, conditions, covenants, agreements and clauses of the Mortgage, Note, or Security Documents; (b) the provisions of the Mortgage, Note, or Security Documents remain in full force and effect and must be complied with by Landlord; and (c) Tenant is hereby authorized to pay its rent and all other sums due under the Lease directly to Mortgagee upon receipt of a notice as set forth in paragraph 5(d) above from Mortgagee and that Tenant is not obligated to inquire as to whether a default actually exists under the Mortgage, Security Documents or otherwise in connection with the Note. Landlord hereby releases and discharges Tenant of and from any liability to Landlord resulting from Tenant's ’s payment to Mortgagee in accordance with this Agreement. Agreement and agrees to credit any amounts so paid to Tenant’s obligations under the Lease, Landlord represents and warrants to Mortgagee that a true and complete copy of the Lease has been delivered by Landlord to Mortgagee.

Appears in 1 contract

Samples: Sublease Agreement (Demandware Inc)

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Acknowledgment and Agreement by Landlord. Landlord, as landlord under the Lease and grantor under the Mortgage, acknowledges and agrees for itself and its heirs, representatives, successors and assigns, that: (a) this Agreement does not constitute a waiver by Mortgagee of any of its rights under the Mortgage, Note, or Security Documents, or in any way release Landlord from its obligations to comply with the terms, provisions, conditions, covenants, agreements and clauses of the Mortgage, Note, or Security Documents; (b) the provisions of the Mortgage, Note, or Security Documents remain in full force and effect and must be complied with by Landlord; and (c) Tenant is hereby authorized to pay its rent and all other sums due under the Lease directly to Mortgagee upon receipt of a notice as set forth in paragraph 5(d) above from Mortgagee and that Tenant is not obligated to inquire as to whether a default actually exists under the Mortgage, Security Documents or otherwise in connection with the Note. Landlord hereby releases and discharges Tenant of and from any liability to Landlord resulting from Tenant's ’s payment to Mortgagee in accordance with this Agreement. Landlord represents and warrants to Mortgagee that a true and complete copy of the Lease has been delivered by Landlord to Mortgagee.

Appears in 1 contract

Samples: Sublease (Demandware Inc)

Acknowledgment and Agreement by Landlord. Landlord, as landlord under the Lease and grantor under the Mortgage, acknowledges and agrees for itself and its heirs, representatives, successors and assigns, that: (a) this Agreement does not constitute a waiver by Mortgagee of any of its rights under the Mortgage, Note, or Security Documents, or in any way release Landlord from its obligations to comply with the terms, provisions, conditions, covenants, agreements and clauses of the Mortgage, Note, or Security Documents; (b) the provisions of the Mortgage, Note, or Security Documents remain in full force and effect and must be complied with by Landlord; and (c) Tenant is hereby authorized to pay its rent and all other sums due under the Lease directly to Mortgagee upon receipt of a notice as set forth in paragraph 5(d) above from Mortgagee and that Tenant is not obligated to inquire as to whether a default actually exists under the Mortgage, Security Documents or otherwise in connection with the Note. Landlord hereby releases and discharges Tenant of and from any liability to Landlord resulting from Tenant's ’s payment to Mortgagee in accordance with this AgreementAgreement and agrees to credit any amounts so paid to Tenant’s obligations under the Lease. Landlord represents and warrants to Mortgagee that a true and complete copy of the Lease has been delivered by Landlord to Mortgagee.

Appears in 1 contract

Samples: Lease (Demandware Inc)

Acknowledgment and Agreement by Landlord. Landlord, as landlord under the Lease and grantor under the Mortgage, acknowledges and agrees for itself and its heirs, representatives, successors and assigns, that: (a) this Agreement does not constitute a waiver by Mortgagee of any of its rights under the Mortgage, NoteLoan Agreement, or Security Documents, or in any way release Landlord from its obligations to comply with the terms, provisions, conditions, covenants, agreements and clauses of the Mortgage, NoteLoan Agreement, or Security Documents; (b) the provisions of the Mortgage, NoteLoan Agreement, or Security Documents remain in full force and effect and must be complied with by Landlord; and (c) Tenant is hereby authorized to pay its rent and all other sums due under the Lease directly to Mortgagee upon receipt of a notice as set forth in paragraph 5(d) above from Mortgagee and that Tenant is not obligated to inquire as to whether a default actually exists under the Mortgage, Security Documents or otherwise in connection with the NoteLoan Agreement. Landlord hereby releases and discharges Tenant of and from any liability to Landlord resulting from Tenant's ’s payment to Mortgagee in accordance with this Agreement. Landlord represents and warrants to Mortgagee that a true and complete copy of the Lease has been delivered by Landlord to Mortgagee.

Appears in 1 contract

Samples: Lease Agreement (Teavana Holdings Inc)

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