Covenants by Xxxxxx.xxx. Except as to such rights as may be created by this Agreement, concurrent with the Effective Date, Xxxxxx.xxx and its Affiliates hereby covenant not to xxx Xxxx for a period of five (5) years for (i) infringement of any rights in intellectual property (including but not limited to patents, trademarks, copyrights and trade secrets), breach of any contracts (other than this Agreement or any future agreement between any of Xxxxxx.xxx and/or its Affiliates with Kara), or any business-related torts under the law of any state of the United States, based on any acts by Kara that occurred on or before the date of this Agreement, or (ii) any business-related torts under the law of any state of the United States based on any acts that occur for a period of five (5) years following the date of this Agreement. For the avoidance of doubt, it is understood and agreed that this covenant shall not extend to (i) such rights as may be created by this Agreement, or (ii) any claims for infringement of any intellectual property rights (including but not limited to patents, trademarks, copyrights, and trade secrets) based on any acts that occur following the date of this Agreement.
Covenants by Xxxxxx.xxx. Mortgagor covenants that, with respect to each Lease, it will not, without Mortgagee's prior written consent: (i) accept prepayment of any installment of Rents payable thereunder other than prepayment of one month's Rents; (ii) amend or modify the Lease so as to reduce the unexpired term thereof, decrease the amount of Rents payable thereunder or otherwise diminish any obligation imposed therein upon the lessee; (iii) unless the lessee has failed to comply with a material obligation imposed upon it in the Lease, terminate, accept surrender of or permit cancellation of the Lease if the unexpired term thereof is one year or longer; (iv) modify, amend, extend, renew, terminate or accept the surrender of the Lease if twenty-five percent (25%) or more of the rentable area of the Premises is demised thereunder (any such Lease, a "Major Lease"); (v) pledge, mortgage, assign or otherwise transfer the Lease or any interest of Mortgagor therein or all or any portion of the Rents payable by the lessee thereunder as security for any obligation; (vi) subordinate the Lease to any mortgage (other than this Mortgage) or other encumbrance; (vii) sell, assign, transfer or set over the Lease or any interest therein or Rents thereunder, except in connection with a conveyance of the Premises and then only if expressly made subject to this Mortgage and permitted by the express terms of the Mortgage;
