Common use of Condominium Clause in Contracts

Condominium. This Lease and all rights of Tenant hereunder are and shall be subject and subordinate in all respects to any condominium declaration and any other documents (collectively, the “Declaration”) which are or shall be recorded in order to convert the Land and the improvements erected thereon to a condominium form of ownership in accordance with the provisions of Article 9-B of the Real Property Law, or any successor thereto, provided the Declaration does not include any terms which increase Tenant’s monetary or non-monetary obligations (other than to a de minimis extent) or decrease Tenant’s rights (other than to a de minimis extent) or materially interfere with Tenant’s use of the Premises for executive, administrative and general office purposes. If any such Declaration is to be recorded, Tenant, upon the request of Landlord, shall enter into an amendment of this Lease (at no out-of-pocket costs to Tenant other than any legal fees incurred by Tenant in connection with same) reasonably acceptable to Tenant confirming such subordination and modifying the Lease in such respects as shall be necessary to conform to such condominiumization, including, without limitation, appropriate adjustments to Tenant’s Share and appropriate reductions in the Base Operating Amount, the Base PILOT Amount and the Base Impositions Amount; provided, that, Landlord provides to Tenant a subordination, non-disturbance and attornment agreement duly executed by the board of such condominium in a form reasonably acceptable to Tenant.

Appears in 2 contracts

Samples: Lease (Intercept Pharmaceuticals Inc), Lease (Intercept Pharmaceuticals Inc)

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Condominium. This Lease and all rights of Tenant hereunder are and shall be subject and subordinate in all respects to any condominium declaration and any other documents (collectively, the “Declaration”) which are or shall be recorded in order to convert the Land and the improvements erected thereon to a condominium form of ownership in accordance with the provisions of Article 9-B of the Real Property Law, or any successor thereto, provided the Declaration does not include any other terms which (i) increase Tenant’s monetary or non-monetary obligations hereunder (other than ii) except to a de minimis extent) or , decrease Tenant’s rights or increase Tenant’s obligations under this Lease or (other than iii) except to a de minimis extent) , decrease Landlord’s obligations or materially interfere with Tenantincrease Landlord’s use of the Premises for executive, administrative and general office purposesrights under this Lease. If any such Declaration is to be recorded, Tenant, upon the request of Landlord, shall enter into an amendment of this Lease (at no out-of-pocket costs to Tenant other than any legal fees incurred by Tenant in connection with same) reasonably acceptable to Tenant confirming such subordination and modifying the this Lease in such respects as shall be necessary to conform to such condominiumization, including, without limitation, appropriate adjustments to Tenant’s Share and appropriate reductions in the Operating Expenses for the Base Operating Amount, the Base PILOT Amount Year and the Base Impositions Tax Amount; provided, that, Landlord provides such amendment shall not (i) increase Tenant’s monetary obligations hereunder (ii) except to Tenant a subordinationde minimis extent, non-disturbance and attornment agreement duly executed by the board of such condominium in decrease Tenant’s rights or increase Tenant’s obligations under this Lease or (iii) except to a form reasonably acceptable to Tenantde minimis extent, decrease Landlord’s obligations or increase Landlord’s rights under this Lease.

Appears in 1 contract

Samples: Lease (Bowne & Co Inc)

Condominium. This Lease and all rights of Tenant hereunder are and shall be subject and subordinate in all respects to any past, present and future condominium declaration and any other documents by-laws, as same may be amended from time to time (collectively, the “Declaration”) which are or Declaration has been and/or shall be recorded in connection therewith including those which were executed in order to convert the Land and the improvements erected thereon Building (or any part thereof) to a condominium form of ownership in accordance with the provisions of Article 9-B of the Real Property Law, or any successor thereto, provided the Declaration does not include any terms which increase Tenant’s monetary or non-monetary obligations (other than to a de minimis extent) or decrease Tenant’s rights (other than to a de minimis extent) or materially interfere with Tenant’s use of the Premises for executive, administrative and general office purposes. If any such Declaration is to be recorded, Tenant, upon the request of Landlord, shall enter into an amendment of this Lease (at no out-of-pocket costs to Tenant other than any legal fees incurred by Tenant in connection with same) reasonably acceptable to Tenant confirming such subordination and modifying the Lease in such respects as shall be necessary to conform to such condominiumizationcondominium conversion, including, without limitation, appropriate adjustments to Tenant’s Share and appropriate reductions in the Operating Expenses for the Base Operating Amount, the Base PILOT Amount Year and the Base Impositions Tax Amount; provided, that, Landlord provides to Tenant such amendment and the foregoing subordination shall not reduce Tenant’s rights or increase Tenant’s obligations under this Lease (in either case other than in a subordination, non-disturbance material respect) including, without limitation, any reduction in the obligations of Landlord under the Lease with respect to the Building, its mechanical systems, elevators and attornment agreement duly executed by roof. Subject to the board above terms of such condominium in a form reasonably acceptable this Section, Tenant shall comply with the terms, covenants and conditions, of the Declaration with respect to Tenantthis Lease.

Appears in 1 contract

Samples: Agreement of Lease (Harris & Harris Group Inc /Ny/)

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Condominium. This Lease and all rights of Tenant hereunder are and shall be subject and subordinate in all respects to any past, present and future condominium declaration and any other documents by-laws, as same may be amended from time to time (collectively, the "Declaration") which are or Declaration has been and/or shall be recorded in connection therewith including those which were executed in order to convert the Land and the improvements erected thereon Building (or any part thereof) to a condominium form of ownership in accordance with the provisions of Article 9-B of the Real Property Law, or any successor thereto, provided the Declaration does not include any terms which increase Tenant’s monetary or non-monetary obligations (other than to a de minimis extent) or decrease Tenant’s rights (other than to a de minimis extent) or materially interfere with Tenant’s use of the Premises for executive, administrative and general office purposes. If any such Declaration is to be recorded, Tenant, upon the request of Landlord, shall enter into an amendment of this Lease (at no out-of-pocket costs to Tenant other than any legal fees incurred by Tenant in connection with same) reasonably acceptable to Tenant confirming such subordination and modifying the Lease in such respects as shall be necessary to conform to such condominiumizationcondominium conversion, including, without limitation, appropriate adjustments to Tenant’s 's Share and appropriate reductions in the Operating Expenses for the Base Operating Amount, the Base PILOT Amount Year and the Base Impositions Tax Amount; provided, that, Landlord provides to Tenant such amendment and the foregoing subordination shall not reduce Tenant's rights or increase Tenant's obligations under this Lease (in either case other than in a subordination, non-disturbance material respect) including, without limitation, any reduction in the obligations of Landlord under the Lease with respect to the Building, its mechanical systems, elevators and attornment agreement duly executed by roof. Subject to the board above terms of such condominium in a form reasonably acceptable this Section, Tenant shall comply with the terms, covenants and conditions, of the Declaration with respect to Tenantthis Lease.

Appears in 1 contract

Samples: Agreement of Lease (Harris & Harris Group Inc /Ny/)

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