Common use of Consent Expenses Clause in Contracts

Consent Expenses. Tenant shall pay, as Additional Rent, on behalf of Landlord, or reimburse Landlord for, any and all actual, reasonable out-of-pocket costs or expenses paid or incurred by Landlord, including, without limitation, reasonable attorneys’ fees, in connection with any of the following activities undertaken by or on behalf of Landlord under this Lease: (i) any inspections performed by Landlord or any of Landlord’s Representatives pursuant to any inspection rights granted hereunder relative to any restoration work performed on account of any Casualty or Condemnation; (ii) any inspections performed by Landlord or any of Landlord’s Representatives of one or more Leased Properties pursuant to any inspection rights granted hereunder (other than the inspection rights referenced in subsection (i) above) (provided, however, that Tenant’s payment/reimbursement obligation pursuant to this subsection (ii) shall be limited to Two Thousand Dollars ($2,000.00) in the aggregate each calendar year during the Term); (iii) the review, execution, negotiation or delivery of any consent, waiver, estoppel, subordination agreement or approval requested of Landlord by Tenant hereunder, including, without limitation, any request for consent to Alterations, any so-called “landlord’s waiver”, or the negotiation or approval of the terms of, or any instruments associated with, any AR Financing; (iv) the review by Landlord or Landlord’s Representatives of any Plans and Specifications or Restoration Plans and Specifications; (v) the review by Landlord or Landlord’s Representatives of any request by Tenant for any other approval or consent hereunder, or any waiver of any obligation of Tenant hereunder; (vi) any assistance provided by Landlord in connection with a permitted contest pursuant to Section 13; and (viii) any other negotiation, request or other activity comparable to any of the foregoing (collectively, such expenses, “Consent Expenses”). Tenant shall reimburse Landlord for (or pay on behalf of Landlord) any Consent Expenses within twenty (20) days after the presentation by Landlord to Tenant of invoices therefor.

Consent Expenses. Tenant shall pay, as Additional Rent, on behalf of Landlord, or reimburse Landlord for, any and all actual, reasonable actual out-of-pocket costs or expenses paid or incurred by LandlordLandlord relating to any request made by Tenant of Landlord or relating to expenses incurred in connection with a default by Tenant, including, without limitation, reasonable attorneys’ ' fees, in connection with any of the following activities undertaken by or on behalf of Landlord under this Lease: (i) any inspections performed by Landlord or any of Landlord’s Representatives pursuant to any inspection rights granted hereunder relative to any restoration work performed on account of any Casualty or Condemnation; (ii) any inspections performed by Landlord or any of Landlord’s Representatives of one or more Leased Properties pursuant to any inspection rights granted hereunder (other than the inspection rights referenced in subsection (i) above) (provided, however, that Tenant’s payment/reimbursement obligation pursuant to this subsection (ii) shall be limited to Two Thousand Dollars ($2,000.00) in the aggregate each calendar year during the Term); (iii) the review, execution, negotiation or delivery of any consent, waiver, estoppel, subordination agreement or approval requested of Landlord by Tenant hereunder, including, without limitation, any request for consent to Alterations, any so-called “"landlord’s 's waiver”, or the negotiation or approval of the terms of, or any instruments associated with, any AR Financing"; (ivii) the review by Landlord or Landlord’s 's Representatives of any Plans and Specifications or Restoration Plans and Specifications; (viii) the review by Landlord or Landlord’s 's Representatives of any request by Tenant for any other approval or consent hereunder, or any waiver of any obligation of Tenant hereunder; (viiv) the negotiation by Landlord or Landlord's Representatives of the terms of instruments requested by Landlord of Tenant in connection with any Facility Mortgage; (v) any assistance provided by Landlord in connection with a permitted contest pursuant to Section SECTION 13; and (viiivi) any other negotiation, request or other activity comparable to any of the foregoing (collectively, such expenses, “Consent Expenses”"CONSENT EXPENSES"). Tenant shall reimburse Landlord for (or pay on behalf of Landlord) any Consent Expenses within twenty ten (2010) days after the presentation by Landlord to Tenant of invoices therefor.

Consent Expenses. Tenant shall pay, as Additional Rent, on behalf of Landlord, or reimburse Landlord for, any and all actual, reasonable out-of-pocket costs or expenses paid or incurred by Landlord, including, without limitation, reasonable attorneys’ feesfees (but excluding Landlord’s overhead and expenses of Landlord’s employees), in connection with any of the following activities undertaken by or on behalf of Landlord or Landlord’s Representatives under this Lease: (i) the review of any inspections performed notices, reports or other information required to be submitted to Landlord by Landlord Tenant pursuant to the terms hereof, including, without limitation, financial statements, Annual Capital Expenditure Budgets, Officer’s Certificates, Estoppel Certificates, Annual Budgets and Operator Reports; provided, however, absent the continuation of an Event of Default, Tenant shall not be responsible hereunder to pay for routine review of such items; (ii) any inspection of one or any of Landlord’s Representatives more Leased Properties pursuant to any inspection rights granted hereunder hereunder, including, without limitation, any inspection rights relative to any restoration work performed on account of any Casualty or Condemnation; (ii) any inspections performed by Landlord or any of Landlord’s Representatives of one or more Leased Properties pursuant to any inspection rights granted hereunder (other than the inspection rights referenced in subsection (i) above) (provided, however, that Tenantabsent the continuation of an Event of Default, Tenant shall not be responsible hereunder to pay for routine Facility inspections by Landlord’s payment/reimbursement obligation pursuant to this subsection (ii) shall be limited to Two Thousand Dollars ($2,000.00) in the aggregate each calendar year during the Term)employees; (iii) the review, execution, negotiation or delivery of any consent, waiver, estoppel, subordination agreement or approval requested of Landlord by Tenant hereunder, including, without limitation, any request for consent to Alterations, any so-called “landlord’s waiver”, or the negotiation or approval of the terms of, or any instruments associated with, any AR Financing; (iv) the review by Landlord or Landlord’s Representatives of any Plans and Specifications or Restoration Plans and Specifications; (v) the review by Landlord or Landlord’s Representatives of any request by Tenant for any other approval or consent hereunder, or any waiver of any obligation of Tenant hereunder; (vi) intentionally omitted; (vii) any assistance provided by Landlord in connection with a permitted contest pursuant to Section 13; (viii) any review of invoices, bills, receipts and other documents reasonably necessary to be reviewed by Landlord, in its reasonable discretion, to monitor Tenant’s compliance with the terms of this Lease in respect of Impositions, utility charges, insurance premiums or any other provisions hereunder requiring Tenant to make payments to any third party; (ix) the establishment and maintenance by Landlord of any bank or investment account pursuant to Section 3.3 or Section 11.3; and (viiix) any other negotiation, request or other activity comparable to any of the foregoing (collectively, such costs and expenses, “Consent Expenses”). Tenant shall reimburse Landlord for (or pay on behalf of Landlord) any Consent Expenses for which Tenant is responsible under the terms of this Section 3.2.6 within twenty (20) days 10 Business Days after the presentation by Landlord to Tenant of invoices therefor.

Consent Expenses. Tenant shall pay, as Additional Rent, on behalf of Landlord, or reimburse Landlord for, any and all actual, reasonable out-of-pocket costs or and expenses paid or incurred by Landlord, including, without limitation, reasonable attorneys’ Xxxxxxxxxxx Xxxxx fees, in connection with any of the following activities undertaken by or on behalf of Landlord under this Lease, if and to the extent that the following costs or expenses are incurred as a result of (a) any default or other breach by Tenant under or in connection with this Lease; (b) any actual or alleged violation of any governmental or quasi-governmental requirement pertaining to the Leased Property, which Landlord, in its good faith judgment, deems material or potentially material; (c) any costs or expenses that are expressly designated under this Lease as Tenant’s responsibility; or (d) to the extent not otherwise described above and are not part of the routine administration of this Lease, such activities are otherwise directly or indirectly initiated or caused by Tenant, any Tenant Party or any other Person claiming by, through or under Tenant: (i) any inspections performed the review by Landlord or any of Landlord’s Representatives of any notices, reports or other information required to be re-submitted to Landlord by Tenant pursuant to the terms hereof because any inspection rights granted hereunder relative initial submissions were inaccurate, incomplete or otherwise not conforming to any restoration work performed on account the requirements of any Casualty or Condemnation; this Lease, including, without limitation, Financial Statements, Annual Capital Expenditure Budgets, Officer’s Certificates, Estoppel Certificates, Annual Budgets and Operator Reports: (ii) any inspections inspection performed by Landlord or any of Landlord’s Representatives of one or more Leased Properties pursuant to any inspection rights granted hereunder (other than the hereunder, including, without limitation, any inspection rights referenced in subsection (i) above) (provided, however, that Tenant’s payment/reimbursement obligation pursuant relative to this subsection (ii) shall be limited to Two Thousand Dollars ($2,000.00) in the aggregate each calendar year during the Term)any restoration work performed on account of any Casualty or Condemnation; (iii) the review, execution, negotiation or delivery of any consent, waiver, estoppel, subordination agreement or approval requested of Landlord by Tenant hereunder, including, without limitation, any request for consent to Alterations, any so-called “landlord’s waiver”, or the negotiation or approval of the terms of, or any instruments associated with, any AR Financing; (iv) the review by Landlord or Landlord’s Representatives of any Plans and Specifications or Restoration Plans and Specifications; (v) the review by Landlord or Landlord’s Representatives of any request by Tenant for any other approval or consent hereunder, or any waiver of any obligation of Tenant hereunder; (vi) any assistance provided by Landlord in connection with a permitted contest pursuant to Section 13; (vii) any review by Landlord of invoices, bills, receipts and other documents required to be reviewed by Landlord, in its reasonable discretion, to monitor Tenant’s compliance with the terms of this Lease in respect of Impositions, utility charges, insurance premiums or any other provisions hereunder requiring Tenant to make payments to any third party; and (viii) any other negotiation, request or other activity comparable to any of the foregoing that Tenant has requested of Landlord or that has been requested of or presented to Landlord as a result of Tenant’s lack of action (collectively, such expenses, “Consent Expenses”). Tenant shall reimburse Landlord for (or pay on behalf of Landlord) any Consent Expenses within twenty (20) fifteen days after the presentation by Landlord to Tenant of invoices therefor.

Consent Expenses. Tenant shall pay, as Additional Rent, on behalf of Landlord, or reimburse Landlord for, any and all actual, reasonable out-of-pocket of the costs or and expenses paid or incurred by Landlord, including, without limitation, reasonable attorneys’ ' fees, in connection with any of the following activities undertaken by or on behalf of Landlord under this Lease: (i) the review by Landlord or Landlord's Representatives of any inspections notices, reports or other information required to be submitted to Landlord by Tenant pursuant to the terms hereof, including, without limitation, financial statements, Annual Capital Expenditure Budgets, Officer's Certificates, Estoppel Certificates, Annual Budgets and Operator Reports; (ii) any inspection performed by Landlord or any of Landlord’s Representatives pursuant to any inspection rights granted hereunder relative to any restoration work performed on account of any Casualty or Condemnation; (ii) any inspections performed by Landlord or any of Landlord’s 's Representatives of one or more Leased Properties pursuant to any inspection rights granted hereunder (other than the inspection rights referenced in subsection (i) above) (provided, however, that Tenant’s payment/reimbursement obligation pursuant to this subsection (ii) shall be limited to Two Thousand Dollars ($2,000.00) in the aggregate each calendar year during the Term)hereunder; (iii) the exercise by Tenant of the Option, whether or not the purchase and sale of the Premises is consummated; (iv) the review, execution, negotiation or delivery of any consent, waiver, estoppel, subordination agreement or approval requested of Landlord by Tenant hereunder, including, without limitation, any request for consent to Alterations, any so-called “"landlord’s 's waiver”", or the negotiation or and approval of the terms of, or any and instruments associated with, any AR Financing; (ivv) the review by Landlord or Landlord’s 's Representatives of any Plans and Specifications or Restoration Plans and Specifications; (vvi) the review by Landlord or Landlord’s Representatives 's Representatives, of any request by Tenant for any other approval or consent hereunder, or any waiver of any obligation of Tenant hereunder; (vivii) the negotiation by Landlord or Landlord's Representatives of the terms of instruments requested by Landlord of Tenant in connection with any Facility Mortgage; (viii) any assistance provided by Landlord in connection with a permitted contest pursuant to Section 13; (ix) any review by Landlord of invoices, bills, receipts and other documents required to be reviewed by Landlord, in its reasonable discretion, to monitor Tenant's compliance with the terms of this Lease in respect of Impositions, utility charges, insurance premiums or any other provisions hereunder requiring Tenant to make payments to any third party; (x) the establishment and maintenance by Landlord or any Facility Mortgagee of any bank or investment account pursuant to Section 3.3 or 11.3; and (viiixi) any other negotiation, request or other activity comparable to any of the foregoing (collectively, such expenses, “"Consent Expenses”"). Tenant shall reimburse Landlord for (or pay on behalf of Landlord) any Consent Expenses promptly, and in any event within twenty fifteen (2015) days Business Days, after the presentation by Landlord to Tenant of invoices therefor.