Effect of Attornment Sample Clauses
Effect of Attornment. Upon attornment this Lease shall continue in full force and effect as a direct lease between the Purchaser and the Tenant, upon all of the same terms, conditions and covenants as are set forth in the Lease except that, after such attornment, the Purchaser shall not be:
(a) liable for any act or omission of the Landlord; or
(b) subject to any offsets or defences which the Tenant might have against the Landlord; or
(c) bound by a prepayment by the Tenant of more than one month’s installment of Rent, unless such prepayment shall have been approved in writing by Purchaser or any predecessor in interest except the Landlord.
Effect of Attornment. Upon attornment pursuant to Section 13.04, this Lease shall continue in full force and effect as a direct lease between the Purchaser and the Tenant, upon all of the same terms, conditions and covenants as are set forth in this Lease except that, after attornment, the Purchaser and its successors in title shall not be:
(a) liable for any act or omission of the Landlord; or
(b) subject to any offsets or defenses which the Tenant might have against the Landlord; or
(c) bound by any prepayment by the Tenant of more than one months instalment of Rent unless the prepayment shall have been approved in writing by the Purchaser or by any predecessor of the Purchasers former interest as mortgagee in the Project.
Effect of Attornment. Notwithstanding anything to the contrary in -------------------- this Lease, any Subsequent Purchaser and any ground lessor (i) shall not be bound by any prepayment by Tenant to any prior lessor (including Landlord) of rent for more than one calendar month in advance (so that rent shall be payable after the foreclosure, the purchase, or the termination of ground lease as applicable in accordance with the terms of this Lease as if such prepayment of rent for more than one calendar month in advance had not been made); (ii) shall not be bound by any amendment or modification to this Lease or by any waiver or forbearance on the part of any prior lessor (including Landlord) which violates the terms of Landlord's first mortgage or deed of trust; (iii) shall not be liable for any act or omission of any prior lessor (including Landlord); and (iv) shall not be subject to any offsets or defenses which Tenant might have against any prior lessor (including Landlord). Additionally Landlord's mortgagee shall be discharged of any responsibility hereunder to Tenant which may have arisen (by reason of the mortgagee becoming a mortgagee in possession, a lessor or otherwise) after such mortgagee disposes of its interest in the Building of which the Demised Premises is a part.
Effect of Attornment. Upon attornment under Article 17.04 the obligations of Tenant under this Lease shall continue in full force and effect upon all the same terms, conditions and covenants in this Lease except that, after such attornment, Purchaser or Mortgagee shall not be:
(a) liable for any act or omission of Landlord;
(b) subject to any offsets or defenses which Tenant might have against Landlord; or
(c) bound by any prepayment by Tenant of more than one month’s installment of Rent, or by any previous modification of this Lease, unless such prepayment or modification shall have been approved in writing by Purchaser or Mortgagee or any predecessor in interest except Landlord.
Effect of Attornment. Upon attornment under Section 17.04, this Lease shall continue in full force and effect as a direct lease between Purchaser (or the holder of the assignment of leases and rents if applicable) and Tenant, upon all of the same terms, conditions and covenants as are set forth in this Lease except that, after such attornment, Purchaser (or the holder of the assignment of leases and rents if applicable) shall not be
(a) subject to any offsets or defenses which Tenant might have against Landlord, except to the extent any condition giving rise to such offsets or defenses continues for a period of thirty (30) days after such attornment and receipt of written notice from Tenant of such offsets and defenses , or
(b) bound by any prepayment by Tenant of more than one month’s installment of Rent, unless such prepayment shall have been approved in writing by, in the case of a transfer in connection with a foreclosure, deed in lieu of foreclosure or other proceedings relating to any such mortgage or deed of trust, the mortgagee of Landlord’s interest in the Land or Building, by Purchaser or by any predecessor in interest of Purchaser, except Landlord; or, in the case of the exercise of the rights under any assignment of leases and rents, by the holder of such assignment of leases and rents, or by any predecessor in interest of such holder, or
(c) subject to the obligations hereunder except during the period of Purchaser’s ownership of the Building or Land, or
(d) liable for any previous act or omission by Landlord under this Lease, or
(e) obligated with respect to any security deposit under this Lease unless such security deposit has been delivered to Purchaser or holder of any assignment of leases and rents, as the case may be (provided, that in no event shall Tenant be requirement to submit any additional or replacement security deposit to Purchaser), or
(f) bound or liable under any provisions in this Lease whereby Landlord assumed the obligations of Tenant covering space in other buildings.
Effect of Attornment. 27 13.06 Repurchase.................................................................. 27
Effect of Attornment. Upon attornment under subsection "b" above, this Lease shall continue in full force and effect as a direct lease between Purchaser and Tenant, upon all of the same terms, conditions and covenants as are set forth in this Lease except that, after such attornment, Purchaser shall not be:
1. subject to any offsets or defenses which Tenant might have against Landlord, or
2. bound by any prepayment by Tenant of more than one month's installment of Rent, or by any previous modification of this Lease, unless such prepayment or modification shall have been approved in writing by any mortgagee of Landlord's interest in the Building, by Purchase or by any predecessor in interest except Landlord, or
3. subject to the obligations of Landlord hereunder except during the period of Purchaser's ownership of the Building.
Effect of Attornment. Upon attornment under Article 17.03, this Lease shall continue in full force and effect as a direct lease between Purchase and Tenant, upon all of the same terms, conditions and covenants as are set forth in this Lease, except that after such attornment Purchase shall not be:
(a) liable for any act or omission of Landlord; or
(b) subject to any offsets or defenses which Tenant might have against Landlord; or
(c) bound by any prepayment by Tenant of more than one month's installment of Rent, or by any previous modification of this Lease other than modifications made through fully executed Lease Amendments, unless such prepayment or modification shall have been approved in writing by Purchaser or any predecessor in interest except Landlord.
Effect of Attornment. Upon attornment under paragraph 12(d), this Lease shall continue in full force and effect as a direct lease between the Purchaser and the Tenant, upon all of the same terms, conditions and covenants as are set forth in the Lease.
Effect of Attornment. Upon attornment as provided for in Section 19.4, this Lease shall continue in full force and effect as a direct lease between the Purchaser and the Tenant, upon all of the same terms, conditions and covenants as are set forth in the Lease except that, after such attornment, the Purchaser shall not be:
(a) liable for any act or omission of the Landlord occurring prior to such attornment; or
(b) subject to any offsets or defences which the Tenant might have against the Landlord arising prior to such attornment; or
(c) bound by a prepayment by the Tenant of more than one month’s instalment of Rent occurring prior to such attornment, unless such prepayment shall have been expressly provided for in this Lease or approved in writing by the Purchaser or any predecessor in interest except the Landlord.