Compliance with Restrictions. Tenant, at its expense, shall comply with all restrictive covenants and all title restrictions affecting and enforceable against the Properties (including declarations and easement agreements) existing as of the Effective Date or entered into after the Effective Date with the consent of Tenant (collectively, the “Restrictions”) and comply with and perform all of the obligations set forth therein, whether performable prior to or during the Lease Term, including, without limitation, all insurance requirements, regardless of whether any such requirements exceed the requirements otherwise set forth in this Lease. Further, in addition to Tenant’s payment obligations under this Lease, Tenant shall pay all sums charged, levied or assessed under any valid and enforceable Restrictions affecting the Properties promptly as the same become due and shall furnish Landlord evidence of payment thereof upon request of Landlord; provided, however, that Landlord agrees to provide promptly to Tenant copies of any notices under the Restrictions that are otherwise received by Landlord as the owner of the Properties, Landlord authorizes Tenant to receive directly all notices under the Restrictions, and upon Tenant’s written request, Landlord agrees to sign and record such documents as are reasonably necessary to direct copies of all such future notices directly to Tenant with respect to such Restrictions during the Term of this Lease for such Properties subject to the Restrictions. Landlord further covenants and agrees that during the Lease Term for any Properties subject to Restrictions, Landlord may not amend or modify the Restrictions or directly or indirectly consent to the amendment or modification of the Restrictions, or create new restrictions, without the prior written consent of Tenant, which Tenant agrees not to unreasonably withhold.
Appears in 2 contracts
Samples: Master Lease Agreement (Bob Evans Farms Inc), Master Lease Agreement (Bob Evans Farms Inc)
Compliance with Restrictions. Tenant(a) Notwithstanding anything to the contrary contained herein, at its expense, it is expressly understood and agreed by and between Landlord and Tenant that:
(i) This Lease is subject and subordinate to the Restrictions;
(ii) Tenant shall comply with the Restrictions at all restrictive covenants times and shall pay all title restrictions affecting and enforceable against the Properties (including declarations and easement agreements) existing as of the Effective Date or entered into after the Effective Date with the consent of Tenant (collectivelyamounts owing by, the “Restrictions”) and comply with and perform all obligations thereunder which are the responsibility of the obligations set forth thereinowner, whether performable prior to lessee, or during occupant of, the Lease Term, Premises (including, without limitation, all insurance requirementsthe obligations of any “Party” under the Restrictions);
(iii) As between Tenant and Landlord, regardless Tenant shall be solely responsible for the obligations under the Restrictions as the same relate to the Premises;
(iv) Tenant shall responsible for the consequences of whether any violation of the Restrictions without regard to its obligations hereunder and the indemnification agreement under Section 13.02 hereunder shall apply, without limitation, to any Losses (as defined in Section 13.02) arising from or relating to any such requirements exceed violation; and
(v) Without regard to the requirements otherwise set forth obligations hereunder, which are distinct and separate obligations from those under the Restrictions, no right, power or privilege granted to Tenant hereunder may be exercised or enjoyed by Tenant and no term, covenant or conditions of this Lease benefiting Tenant or binding Landlord shall be operative if and to the extent that such exercise, enjoyment or operation would not be permitted by or would violate or be in this Lease. Furtherconflict with any term, covenant or condition of the Restrictions.
(b) Subject to the limitations in addition to Tenant’s payment obligations under this Lease, Tenant shall pay all sums chargedbe entitled to enjoy the benefits of services, levied easements and privileges available to the owner or assessed occupant of the Premises under the Restrictions.
(c) Landlord, in its capacity as landlord under this Lease, agrees, during the Term, not to amend, modify or grant any valid and enforceable Restrictions affecting the Properties promptly as the same become due and shall furnish Landlord evidence of payment thereof upon request of Landlord; provided, however, that Landlord agrees to provide promptly to Tenant copies of any notices approval or concession under the Restrictions that are otherwise received by Landlord as or to enter into any new Restrictions or other covenant, condition, agreement, easement, encumbrance or restrictions affecting the owner Land, the Building or the Premises, without Tenant’s written consent, if such amendment, modification, or grant of approval or consent would adversely affect the Properties, Landlord authorizes Tenant’s operations at the Premises or result in increased monetary obligations for Tenant to receive directly all notices under the Restrictions.
(d) Tenant agrees, during the Term, it has no legal right or authority to, and upon Tenant’s written requestit shall not, Landlord agrees to sign and record such documents as are reasonably necessary to direct copies of all such future notices directly to Tenant with respect to such Restrictions during the Term of this Lease for such Properties subject to the Restrictions. Landlord further covenants and agrees that during the Lease Term for amend, modify or grant any Properties subject to Restrictions, Landlord may not amend approval or modify concession under the Restrictions or directly to enter into any new Restrictions or indirectly consent other covenant, condition, agreement, easement, encumbrance or restrictions affecting the Land, the Building, or the Premises, without Landlord’s written consent.
(e) Notwithstanding anything the contrary herein, it is agreed that Landlord may exercise extension options, rights of first refusal, rights of first offer, rights to purchase and other similar rights under the amendment or modification of Restrictions and may deliver estoppels, and undertake other customary activities in its capacity as contemplated under the Restrictions, or create new restrictions, without the prior written consent of Tenant, which Tenant agrees not to unreasonably withhold.
Appears in 2 contracts
Samples: Lease (Federal Signal Corp /De/), Lease (Federal Signal Corp /De/)