Common use of Attornment; Privity Clause in Contracts

Attornment; Privity. Except as otherwise expressly provided herein or in the event of any Prime Landlord-elected attornment referred to in any applicable provisions of the Prime Lease, nothing in this Consent or in the Prime Lease or Sublease, shall be deemed or construed to create any privity of contract or landlord-tenant relationship between Prime Landlord and Tenant. If the Prime Lease terminates or expires for any reason before the expiration or termination of the Sublease, then the Tenant shall be deemed to have terminated one (1) day prior to such expiration or termination of the Prime Lease, and Tenant shall immediately vacate and surrender the Subleased Premises; except Prime Landlord shall have the right, at Prime Landlord's option and upon its written demand to Tenant, to have Tenant attorn to Prime Landlord for the then remaining term of the Sublease, such attornment to be upon all of the terms set forth in the Sublease. In no event, however, shall any such attornment cause Prime Landlord to be: (a) liable for any acts or omissions of Landlord; (b) subject to any offsets or defenses which Tenant had or might have against Landlord; (c) bound by any rent or other payment made by Tenant to Landlord in advance; or (d) bound by any amendment to the Sublease not consented to in writing by Prime Landlord. Tenant agrees to execute and deliver to Prime Landlord, from time to time, any commercially reasonable documents requested by Prime Landlord in confirmation of said attornment. In the event Prime Landlord elects to exercise such attornment, the provisions of this Paragraph shall be self-operative and shall apply notwithstanding any contrary claim that the Tenant may have been merged or extinguished upon the sooner expiration or termination of the Prime Lease.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

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Attornment; Privity. Except as otherwise expressly provided herein or in the event of any Prime Landlord-elected attornment referred to in any applicable provisions of the Prime Lease, nothing in this Consent or in the Prime Lease or Sublease, shall be deemed or construed to create any privity of contract or landlord-tenant relationship between Prime Landlord and Tenant. If the Prime Lease terminates or expires for any reason before the expiration or termination of the Sublease, then the Tenant shall be deemed to have terminated one (1) day prior to such expiration or termination of the Prime Lease, and Tenant shall immediately vacate and surrender the Subleased Premises; except Prime Landlord shall have the right, at Prime Landlord's option and upon its written demand to Tenant, to have Tenant attorn to Prime Landlord for the then remaining term of the Sublease, such attornment to be upon all of the terms set forth in the Sublease. In no event, however, shall any such attornment cause Prime Landlord to be: (a) liable for any acts or omissions of Landlord; (b) subject to any offsets or defenses which Tenant had or might have against Landlord; (c) bound by any rent or other payment made by Tenant to Landlord in advance; or (d) bound by any amendment to the Sublease not consented to in writing by Prime Landlord. Tenant Xxxxxx agrees to execute and deliver to Prime Landlord, from time to time, any commercially reasonable documents requested by Prime Landlord in confirmation of said attornment. In the event Prime Landlord elects to exercise such attornment, the provisions of this Paragraph shall be self-operative and shall apply notwithstanding any contrary claim that the Tenant may have been merged or extinguished upon the sooner expiration or termination of the Prime Lease.

Appears in 1 contract

Samples: Lease Agreement

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Attornment; Privity. Except as otherwise expressly provided herein or in the event of any Prime Landlord-elected attornment referred to in any applicable provisions of the Prime Lease, nothing in this Consent or in the Prime Lease or Sublease, shall be deemed or construed to create any privity of contract or landlord-tenant relationship between Prime Landlord and TenantSubtenant. If the Prime Lease terminates or expires for any reason before the expiration or termination of the Sublease, then the Tenant Sublease shall be deemed to have terminated one (1) day prior to such expiration or termination of the Prime Lease, and Tenant Subtenant shall immediately vacate and surrender the Subleased Sublease Premises; except Prime Landlord shall have the right, at Prime Landlord's option and upon its written demand to TenantSubtenant, to have Tenant Subtenant attorn to Prime Landlord for the then remaining term of the Sublease, such attornment to be upon all of the terms set forth in the SubleasePrime Lease (except that the rents set forth in the Sublease shall be substituted for the rents set forth in the Prime Lease, and the Sublease Premises shall be substituted for the Premises). In no event, however, shall any such attornment cause Prime Landlord to be: (a) liable for any acts or omissions of LandlordTenant; (b) subject to any offsets or defenses which Tenant Subtenant had or might have against LandlordTenant; (c) bound by any rent or other payment made by Subtenant to Tenant to Landlord in advance; or (d) bound by any amendment to the Sublease not consented to in writing by Prime Landlord. Tenant Subtenant agrees to execute and deliver to Prime Landlord, from time to time, any commercially reasonable documents requested by Prime Landlord in confirmation of said attornment. In the event Prime Landlord elects to exercise such attornment, the provisions of this the Paragraph shall be self-operative and shall apply notwithstanding any contrary claim that the Tenant Sublease may have been merged or extinguished upon the sooner expiration or termination of the Prime Lease.. 

Appears in 1 contract

Samples: Lease Agreement (World Wrestling Entertainmentinc)

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