Common use of Assignment of Plans Clause in Contracts

Assignment of Plans. Tenant hereby assigns to Landlord, effective as of (i) the date of rescission of this Lease pursuant to Paragraph 3.3 above or (ii) the date that Tenant comes to be in default (pursuant to Paragraph 15 of this Lease, i.e. Tenant has received notice of a default under this Lease and the applicable cure period has expired and Tenant has not then cured such default), all of its interest in and to the plans and specifications prepared for the Initial Improvements, all studies, data and drawings with respect thereto prepared by or for Tenant, and the contracts and agreements relating to such plans and specifications or studies, data and drawings, or to the construction or the Initial Improvements, including but not limited to the general contract therefor, in each case, to the extent assignable and without any representation or warranty (but fully paid for by Tenant through the date of such assignment), but Landlord shall not have any obligation under those contracts or agreements unless it expressly agrees to assume such obligations in writing. Landlord shall have the right to exercise any rights of Tenant under those contracts and agreements or with respect to such plans, specifications, studies, data and drawings at any time following the occurrence of such assignment. If this Lease terminates without the Purchase Option or Sales Option being exercised in accordance with Paragraph 34 of this Lease, then Tenant shall at such time assign its interest in the foregoing plans and other documents to Landlord. Any assignment of any plans or other documents under this Paragraph shall be made by Tenant to Landlord at no charge to Landlord.

Assignment of Plans. Tenant hereby assigns After the Execution Date, and promptly after preparation thereof, which shall be at Buyer's sole cost and expense, Buyer shall submit to LandlordMission a complete set, effective as which may be retained by Mission, of (i) the date of rescission of this Lease pursuant to Paragraph 3.3 above or (ii) the date that Tenant comes to be in default (pursuant to Paragraph 15 of this Lease, i.e. Tenant has received notice of a default under this Lease and the applicable cure period has expired and Tenant has not then cured such default), all of its interest in and to the plans and specifications prepared for the Initial Improvements, all studies, data and drawings with respect thereto prepared by or for Tenant, on behalf of Buyer in connection with Buyer's development of the Property and the contracts and agreements relating to such plans and specifications or studiesconstruction of improvements thereon, data and drawingsincluding, or to the construction or the Initial Improvements, including but not limited to, all architectural plans, site plans, landscaping plans, utility plans, water and sewer plans, fencing plans, and street improvement plans ("Development Plans"). The parties hereby acknowledge that the Development Plans shall be prepared from time to time during the general contract thereforterm of this Agreement, and Buyer hereby assigns to Mission, its successors and assigns, the non-exclusive right to use the Development Plans in each caseconnection with any development on the Property by Mission or its successors or assigns. Buyer hereby agrees to execute such documents, from time to the extent assignable and without any representation or warranty (but fully paid for by Tenant through the date of time, as Mission may reasonably require to evidence such assignment), but Landlord shall not have any obligation under those contracts or agreements unless it expressly . Buyer also agrees to assume obtain all necessary consents to such obligations assignments from its engineers, planners, designers, architects, and similar contractors. Buyer agrees that in writing. Landlord the event of any default by Buyer hereunder, whether before or after any Closing, Buyer shall pay for all such Development Plans, and Mission, its successors and assigns, shall have the right right, without any further cost or charge payable by Mission, or Mission's successors or assigns, to exercise use the Development Plans in connection with any rights of Tenant under those contracts and agreements development on the Property by Mission, its successors or with respect to such plansassigns. MISSION HEREBY ACKNOWLEDGES AND AGREES THAT THE DEVELOPMENT PLANS SHALL BE DELIVERED TO MISSION BY BUYER, specifications"AS IS, studiesWITH ALL FAULTS" AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, data and drawings at any time following the occurrence of such assignment. If this Lease terminates without the Purchase Option or Sales Option being exercised in accordance with Paragraph 34 of this LeaseEXPRESS OR IMPLIED, then Tenant shall at such time assign its interest in the foregoing plans and other documents to Landlord. Any assignment of any plans or other documents under this Paragraph shall be made by Tenant to Landlord at no charge to Landlord(INCLUDING, WITHOUT LIMITATION, WARRANTY OF USES, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) AND MISSION DOES HEREBY WAIVE, DISCLAIM AND RENOUNCE ANY SUCH REPRESENTATION OR WARRANTY.