Common use of Agreement of Permitted Mortgagee Clause in Contracts

Agreement of Permitted Mortgagee. Such notice from the Permitted Mortgagee shall be accompanied by an instrument in writing wherein such Permitted Mortgagee agrees that: (i) during the period that such Permitted Mortgagee shall be in possession of the Premises and so long as it remains in possession and/or during the pendency of any such foreclosure or other proceedings and until the interest of Tenant in this Lease shall terminate or such proceeding shall be discontinued, it will pay or cause to be paid to Landlord all sums from time to time becoming due hereunder for Base Rent or Additional Rent; and (ii) if delivery of possession of the Premises shall be made to such Permitted Mortgagee, whether voluntarily or pursuant to any foreclosure or other proceedings or otherwise, such Permitted Mortgagee shall, promptly following such delivery of possession, perform all the covenants and agreements herein contained on Tenant’s part to be performed (including, but not limited to payment of Base Rent and Additional Rent) to the extent that Tenant shall have failed to perform the same to the date of delivery of possession, as aforesaid, except such covenants and agreements which cannot with the exercise of due diligence be performed by such Permitted Mortgagee. Nothing in this subclause (b) shall be construed to require such Permitted Mortgagee to perform any of the Tenant’s obligations hereunder accruing after such Permitted Mortgagee ceases to be in possession.

Agreement of Permitted Mortgagee. Such notice from the Permitted Mortgagee shall be accompanied by an instrument in writing wherein such Permitted Mortgagee agrees that: (i) during A. During the period that such Permitted Mortgagee shall be in actual possession of the Sublease Premises and so long as it the Permitted Mortgagee remains in actual possession and/or during the pendency of any such foreclosure or other proceedings proceedings, and until the interest of Tenant in this Lease Sublease shall terminate terminate, or such proceeding shall be discontinued, it will such Permitted Mortgagee shall pay or cause to be paid to Landlord the Town all sums becoming due from time to time becoming due hereunder under this Sublease for Base Rent or Additional all Rent; and (ii) B. Permitted Mortgagee shall have no liability for the payment of Rent if delivery of Permitted Mortgagee shall not be in actual possession of the Sublease Premises; and C. If delivery of actual possession of the Sublease Premises shall be made to such Permitted Mortgagee, whether voluntarily or pursuant to any foreclosure or other proceedings or otherwise, such Permitted Mortgagee shallMortgagee, promptly following such delivery of possession, shall perform all the covenants and agreements herein contained on Tenant’s 's part to be performed (including, but not limited to to, payment of Base Rent and Additional Rent) to the extent that Tenant shall have failed to perform the same to the date of delivery of possession, as aforesaid, except such covenants and agreements which that cannot not, with the exercise of due diligence diligence, be performed by such Permitted Mortgagee. Nothing in this subclause (b) clause shall be construed to require such Permitted Mortgagee to perform any of the Tenant’s 's obligations hereunder accruing under this Sublease that accrue after such Permitted Mortgagee ceases to be in possession.