Co-Tenancy. (a) Each Co-Tenant acknowledges and confirms that it owns or will own its interest in the Property as a tenant in common with the other Co-Tenants, and that each Co-Tenant's undivided interest in the Property is equal to its Percentage Interest.
Co-Tenancy. This Agreement is not personally binding upon and resort shall not be had nor shall recourse or satisfaction be sought from the private property of any of the unit holders of Investors Real Property Fund (the "FUND"), trustees, officers, employees or agents of the trustee or manager of the Fund, it being intended and agreed that only the property of the Fund shall be bound by this Agreement. Only the co-tenancy interests of Menkes and Investors Group shall be bound hereby and the obligations hereunder are not binding upon either of Menkes or Investors Group in any other respect nor shall resort be had to any other property of any of Menkes or Investors Group. The rights and obligations of each of Menkes and Investors Group hereunder shall, in every case, be several and proportionate and not either joint or joint and several.
Co-Tenancy. Notwithstanding anything to the contrary, the Commencement Date shall not occur, nor shall Tenant be obligated to pay Rent or any other charges hereunder until Landlord, operating as "Lowe's" has opened and is operating for business in its entire premises on the Real Property. If Lowe's vacates or ceases business operations in its premises for any reason whatsoever (other than temporary discontinuances not to exceed one hundred and twenty (120) days for remodeling, alterations or restoration work), then either party may terminate this Lease, whereupon the parties shall be released from all liability hereunder except for any indemnities specifically surviving this Lease. Should Landlord intend to cease operations, Landlord shall provide Tenant with thirty (30) days prior written notice of same.
Co-Tenancy. On- Going Co-Tenancy Requirement: The Required Area of the premises marked on Exhibit B as occupied by the Other Required T (the “Anchor Premises”) shall be open and continuously operated by no more than three (3) Anchor Tenants with respect to the premises marked on Exhibit B as occupied by the respective Other Required Tenant, with one (1) of the Anchor Tenants occupying at least 25,000 Leasable Sq.ft. Other Required Tenant: Kohls Leasable Sq. ft. of Space: 86,584 Type of Operation: Discount Department Store T may exercise the remedies specified in the Lease if the On-Going Co-Tenancy Requirement is not satisfied. (Lease, 13) Landlord Restrictions: LL shall not erect a kiosk within 20 feet from the Premises. (Lease, Ex. E-4) LEGAL/FINANCIAL Assignment & Subletting: (Lease, 9) Consent: T will not assign or sublet w/o the prior written consent of LL, not to be unreasonably withheld. Liability: T remains liable.
Co-Tenancy. (a) The Interconnection Customer’s rights and obligations under this CLGIA and certain of the Interconnection Customer’s Interconnection Facilities shall be held by RE Columbia LLC, RE Columbia Two LLC, RE Yakima LLC and RE Clearwater LLC (each, a “Co-Tenant”) as tenants-in-common. Each Co-Tenant owns a discrete number of solar generation equipment and other assets that, collectively, comprise the RE Columbia Project. The rights and obligations of the Co-Tenants as against each other with respect to certain of the Interconnection Customer’s Interconnection Facilities and this CLGIA are set forth in the Co- Tenancy and Common Facilities Agreement (“Co-Tenancy Agreement”), of even date herewith, among the Co-Tenants and RE Columbia Interconnection Manager LLC (“Manager”) as the “Manager.” A copy of the Co-Tenancy Agreement shall be provided to the Distribution Provider within ten (10) Calendar Days of its execution. Any changes to Co-Tenancy Agreement shall be subject to review and approval by the Distribution Provider, which shall not be withheld unreasonably.
Co-Tenancy. (a) Landlord acknowledges and agrees that a material inducement for Tenant to enter into this Lease that at least two (2) of the Inducement Tenants or a single-user retail replacement with respect to each Inducement Tenant (the be open, occupied, and operating for retail purposes at all times during the term of this Lease. Accordingly, Tenant shall have the right to xxxxx Minimum Rent hereunder and/or to terminate this Lease, as set forth below, two (2) or more of the Major Tenants cease occupying and/or operating their respective space the Shopping Center for any reason whatsoever except a casualty which Landlord or such Major Tenant has commenced repairing within thirty (30) days after the occurrence thereof and diligently prosecutes same to completion (not to exceed ninety days) (the The leasable floor space that or becomes vacant as a result of a Co-Tenancy Event referred to herein as the
Co-Tenancy. In the event seventy percent (70%) or more ofthe gross rentnble space in the Shopping Center (excluding Outparcels) is or becomes vacnnt for reasons other than a temporaiy closure during the Lease Term for a period greater than ninety (90) days (an "Excess Vacancy''), then Tenant shall pay 50% of the base rent that would have otherwise been due under the Lease, plus all additional rent, retroactive to tlie beginning of the Excess Vacancy, for a period not to exceed: (i) 12 montl1s, or (ii) the curing ofthe Excess Vacancy. The abatement shnll only apply to the percentnge of the floor ai-ea in tl1e Premises that is being used as retail area (excluding office/storage). After 12 consecutive months of an Excess Vacancy, the Tenant shall have the right to terminate this Lease upon ninety (90) days' written notice ·given to Landlord.
Co-Tenancy. If more than one person executes this Lease as Tenant, then any reference in this Lease to Tenant shall mean and refer to both persons so executing in such capacity. I such event, all obligations of the Tenant under this Lease are joint and several, and any act or notice of or to, or refund to, or the signature of any one or more of them in relation to the termination of this Lease, or under or with respect to any of the terms hereof, or any default hereunder shall be fully binding upon each and all of the persons executing this Lease as Tenant.
Co-Tenancy. The Head Lessor and the Head Lessee intend for their respective rights as tenants-in-common in the Facility under Applicable Law to be modified and supplemented by the terms of this Head Lease and, following termination of the Facility Lease, the Support Agreement. Without limiting the foregoing, to the extent inconsistent with this Head Lease and, following termination of the Facility Lease, the Support Agreement, and to the extent permitted by law, the Head Lessor and the Head Lessee, on its own behalf and on behalf of its successors and assigns, disclaim the application of fiduciary duties imposed on co-tenants, any right for reimbursement for repairs and improvements made by a co-tenant, and any right to a share of rents or profits generated by a co-tenant.
Co-Tenancy. This Lease is not personally binding upon and resort shall not be had nor shall recourse or satisfaction be sought from the private property of any of the unit holders of Investors Real Property Fund (the "Fund"), trustees, officers, directors, employees or agents of the trustee or manager of the Fund, it being intended and agreed that only the property of the Fund shall be bound by this Lease. Only the co-tenancy interests of Menkes Office Parks Ltd. ("Menkes") and Investors Group Trust Co. Ltd. ("Investors Group") shall be bound hereby and the obligations hereunder are not binding upon either of Menkes or Investors Group in any other respect nor shall resort be had to any other property of any of Menkes or Investors Group. The rights and obligations of each of Menkes and Investors Group hereunder shall, in every case, be several and proportionate and not either joint or joint and several.
