Acknowledgment of Reversion. BNPPLC also acknowledges and agrees that because of the termination of the Ground Lease, all of BNPPLC’s right, title and interest in and to the following property will revert to NAI and BNPPLC does hereby forever relinquish, waive, and quitclaim unto NAI (subject to such Permitted Encumbrances): A. the Sublease; B. the Purchase Agreement; C. any pending or future award made because of our condemnation affecting the Property or because of any conveyance to be made in lieu thereof, and any unpaid proceeds of insurance or claim or cause of action for damages, loss or injury to the Subleased Premises; and D. all other property included within the definition of “Property” as set forth in the Purchase Agreement; provided, however, that excluded from this conveyance and reserved to BNPPLC are any rights or privileges of BNPPLC under the following are expressly reserved and retained by BNPPLC: (i) the indemnities set forth in the Sublease and the Ground Lease, whether such rights are presently known or unknown, including rights of BNPPLC to be indemnified against environmental claims of third parties, as provided in the Ground Lease which may not presently be known; and (ii) provision in the Sublease that establish the right of BNPPLC to recover any accrued unpaid rent under the Sublease which may be outstanding as of the date hereof; and (iii) agreements between BNPPLC and BNPPLC’s Parent or any Participant, or any modification or extension thereof. BNPPLC agrees to warrant and defend the title to the Subleased Premises as herein assigned, against claims and demands of any person claiming under or through a Lien Removable by BNPPLC relating to the Subleased Premises.
Appears in 4 contracts
Samples: Purchase Agreement (Network Appliance Inc), Purchase Agreement (NetApp, Inc.), Purchase Agreement (NetApp, Inc.)
Acknowledgment of Reversion. BNPPLC also acknowledges and agrees that because of the termination of the Ground Lease, all of BNPPLC’s right, title and interest in and to the following property will revert to NAI and BNPPLC does hereby forever relinquish, waive, and quitclaim unto NAI (subject to such Permitted Encumbrances):
A. the Sublease;
B. the Purchase Agreement;
C. any pending or future award made because of our condemnation affecting the Property or because of any conveyance to be made in lieu thereof, and any unpaid proceeds of insurance or claim or cause of action for damages, loss or injury to the Subleased Premises; and
D. all other property included within the definition of “Property” as set forth in the Purchase Agreement, including the Subleased Premises; provided, however, that excluded from this conveyance provision and quitclaim, and reserved to BNPPLC BNPPLC, are any rights or privileges of BNPPLC under the following are expressly reserved and retained by BNPPLC: (iI) the indemnities set forth in the Sublease and the Ground Lease, whether such rights are presently known or unknown, including rights of BNPPLC to be indemnified against environmental claims of third parties, as provided in the Ground Lease which may not presently be known; and (ii) provision in the Sublease that establish the right of BNPPLC to recover any accrued unpaid rent under the Sublease which may be outstanding as of the date hereof; and (iii) agreements between BNPPLC and BNPPLC’s Parent or any Participant, or any modification or extension thereof. BNPPLC agrees to warrant and defend the title to the Subleased Premises as herein assignedrelinquished, against claims and demands of any person claiming under or through a Lien Removable by BNPPLC relating to the Subleased Premises. Except as expressly set forth in the preceding sentence, BNPPLC makes no warranty of title, express or implied, concerning the Subleased Premises or any other property referenced or described in this Section 2.
Appears in 2 contracts
Samples: Ground Lease (NetApp, Inc.), Ground Lease Agreement (NetApp, Inc.)
Acknowledgment of Reversion. BNPPLC also acknowledges and agrees that because of the termination of the Ground Lease, all of BNPPLC’s right, title and interest in and to the following property will revert to NAI and BNPPLC does hereby forever relinquish, waive, and quitclaim unto NAI (subject to such Permitted Encumbrances):
A. the Sublease;
B. the Purchase Agreement;
C. any pending or future award made because of our condemnation affecting the Property or because of any conveyance to be made in lieu thereof, and any unpaid proceeds of insurance or claim or cause of action for damages, loss or injury to the Subleased Premises; and
D. all other property included within the definition of “Property” as set forth in the Purchase Agreement; provided, however, that excluded from this conveyance provision and quitclaim, and reserved to BNPPLC BNPPLC, are any rights or privileges of BNPPLC under the following are expressly reserved and retained by BNPPLC: (iI) the indemnities set forth in the Sublease and the Ground Lease, whether such rights are presently known or unknown, including rights of BNPPLC to be indemnified against environmental claims of third parties, as provided in the Ground Lease which may not presently be known; and (ii) provision in the Sublease that establish the right of BNPPLC to recover any accrued unpaid rent under the Sublease which may be outstanding as of the date hereof; and (iii) agreements between BNPPLC and BNPPLC’s Parent or any Participant, or any modification or extension thereof. BNPPLC agrees to warrant and defend the title to the Subleased Premises as herein assignedrelinquished, against claims and demands of any person claiming under or through a Lien Removable by BNPPLC relating to the Subleased Premises.
Appears in 1 contract
Samples: Ground Lease (NetApp, Inc.)