Common use of Covenants Regarding REA Clause in Contracts

Covenants Regarding REA. Landlord will fully and faithfully carry out and perform the terms, covenants, provisions and conditions of the REA to be performed by the Landlord. Tenant will fully and faithfully carry out and perform the terms, covenants, provisions and conditions of the REA which, under the express terms of this Lease, are to be performed by the Tenant. Landlord will exert its best efforts in exercising all of Landlord's rights and remedies under the REA to enforce performance of all terms, covenants, provisions, and conditions of the REA; and Landlord will not take any of the actions requiring Landlord's approval thereunder, without first having delivered to Tenant a copy of the request for approval and any documentation or material as to which such approval is requested or required and thereafter obtained Tenant's written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord will not enter into any agreement amending, supplementing or cancelling the REA without first obtaining Tenant's prior written approval thereto, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord hereby appoints Tenant as Landlord's true and lawful attorney-in-fact to take in Landlord's name whatever reasonable action Tenant may deem appropriate to enforce performance of the terms of the REA and to avail itself on Landlord's behalf of any remedy therein granted Landlord in the event (i) Tenant shall notify Landlord that the obligations under the REA are not being properly performed and (ii) Landlord shall fail to take action to Tenant's reasonable satisfaction within a reasonable time after receiving notice thereof. It is the intent of the parties to this Lease that this Lease and the REA are and shall remain mutually dependent and co-existent documents. Tenant shall have the right (in its sole and absolute discretion) to terminate this Lease by giving Landlord notice to such effect within ninety (90) days after the REA shall, under its express terms and conditions, expire or terminate or be cancelled, and this Lease shall terminate on the last day of the month next succeeding the month in which such notice is given.

Covenants Regarding REA. Landlord will fully and faithfully carry out and perform the terms, covenants, provisions and conditions of the REA to be performed by the Landlord. Tenant will fully and faithfully carry out and perform the terms, covenants, provisions and conditions of the REA which, under the express terms of this Lease, are to be performed by the Tenant. Landlord will exert its best efforts in exercising all of Landlord's rights and remedies under the REA to enforce performance of all terms, covenants, provisions, and conditions of the REA; and Landlord will not take any of the actions requiring Landlord's approval thereunder, without first having delivered to Tenant a copy of the request for approval and any documentation or material as to which such approval is requested or required and thereafter obtained Tenant's written approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord will not enter into any agreement amending, supplementing or cancelling the REA without first obtaining Tenant's prior written approval thereto, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord hereby appoints Tenant as Landlord's true and lawful attorney-in-fact to take in Landlord's name whatever reasonable action Tenant may deem appropriate to enforce performance of the terms of the REA and to avail itself on Landlord's behalf of any remedy therein granted Landlord in the event (i) Tenant shall notify Landlord that the obligations under the REA are not being properly performed and (ii) Landlord shall fail to take action to Tenant's reasonable satisfaction within a reasonable time after receiving notice thereof. It is the intent of the parties to this Lease that this Lease and the REA are and shall remain mutually dependent and co-co- existent documents. Tenant shall have the right (in its sole and absolute discretion) to terminate this Lease by giving Landlord notice to such effect within ninety (90) days after the REA shall, under its express terms and conditions, expire or terminate or be cancelled, and this Lease shall terminate on the last day of the month next succeeding the month in which such notice is given.