Common use of Existing Tenants Clause in Contracts

Existing Tenants. 52.01 A. Notwithstanding anything to the contrary contained in this Lease, Tenant acknowledges that it has been informed by Landlord that the Premises are presently occupied by two (2) existing tenants of the Building (the “Existing Tenants”), under separate lease agreements for Suite 1700 and Suite 1700B, respectively (the “Existing Leases”). Tenant further acknowledges that it has been informed by Landlord that each of the Existing Tenants has advised Landlord that it may be willing to vacate and surrender to Landlord possession of the Premises prior to the Commencement Date. Landlord and Tenant agree that if either or the both of the Existing Tenants do not vacate their respective portions of the Premises on or before the Commencement Date and, as a result, Landlord shall be unable to deliver possession of the entire Premises to Tenant as required by the terms of this Lease (it being understood and agreed that Landlord shall not deliver, and Tenant shall not accept, possession of less than the entire Premises), then (i) Landlord shall not be subject to any liability for such failure (provided, however, that Tenant shall have such remedies as are otherwise expressly provided for in this Article), (ii) this Lease shall remain in full force and effect without extension of the Term, however, Tenant’s obligation to pay Fixed Annual Rent and Additional Rent hereunder shall not commence and any rent credits or abatements to which Tenant is entitled under this Lease shall be similarly delayed, until possession of the Premises is delivered to Tenant in the condition required by this Lease, and (iii) Landlord shall promptly commence and diligently prosecute to completion the appropriate summary proceedings, as appropriate, in order to evict those Existing Tenants holding over in the Premises and to recover lawful possession thereof. In such event, upon Landlord’s recovery of actual and lawful possession of the Premises, Landlord shall furnish Tenant with prompt notice thereof and deliver possession to Tenant in the condition required by this Lease promptly thereafter. Except to the extent otherwise provided for by express terms located elsewhere in this Lease, Tenant expressly waives any right to rescind this Agreement under Section 223-a of the New York Real Property Law or under any present or future statute of similar import then in force and further expressly waives the right to recover any damages, direct or indirect, which may result from Landlord’s failure to deliver possession of the entire Premises in accordance with the terms of this Lease. Tenant agrees that the provisions of this Article are intended to constitute “an express provision to the contrary” within the meaning of said Section 223-a.

Existing Tenants. 52.01 A. Notwithstanding anything If an Existing Tenant rejects or is deemed to have rejected a Replacement Unit pursuant to this Section 4.4.3,4.4, Xxxxxxxxx shall continue to rent to the contrary contained in this Lease, Existing Tenant acknowledges that it his or her Existing Unit under the terms of his or her existing lease until such time as (a) the Existing Tenant voluntarily terminates his or her lease or (b) each of the following has been informed by Landlord that occurred: (i) Developer obtains a demolition permit for the Premises are presently To-Be-Replaced Building occupied by two the Existing Tenant, (2ii) existing tenants Developer stops leasing unoccupied units in the To-Be-Replaced Building to new tenants, and (iiiii) Developer delivers a written notice of lease termination to the Existing Tenant, which notice shall be delivered not less than sixty (60) days prior tobefore the lease termination date specified therein (a “Lease Termination Notice”). Once Developer delivers a Lease Termination Notice in a To-Be-Replaced Building (the “Existing TenantsBuilding Vacancy Date”), under separate lease agreements for Suite 1700 and Suite 1700B, respectively (the “Existing Leases”). Tenant further acknowledges that it has been informed by Landlord that each of the Existing Tenants has advised Landlord that it may be willing to vacate and surrender to Landlord possession of the Premises prior to the Commencement Date. Landlord and Tenant agree that if either or the both of the Existing Tenants do not vacate their respective portions of the Premises on or before the Commencement Date and, as a result, Landlord shall be unable to deliver possession of the entire Premises to Tenant as required by the terms of this Lease (it being understood and agreed that Landlord shall not deliver, and Tenant shall not accept, possession of less than the entire Premises), then (i) Landlord Developer shall not be subject no longer have the right to enter into any liability new leases for such failure (providedunoccupied spacesunits in the To-Be-Replaced Building, however, that Tenant shall have such remedies as are otherwise expressly provided for in this Article), and (ii) this Developer shall deliver a Lease shall remain Termination Notice to all remaining occupants in full force the To-Be Replaced Building. The City acknowledges and effect without extension agrees that, in accordance with section 37.9(a)(15) of the TermRent Ordinance, however, Tenant’s obligation to pay Fixed Annual Rent and Additional Rent hereunder shall not commence and any rent credits or abatements to which Tenant is entitled under this Lease shall be similarly delayed, until possession of the Premises is delivered to Tenant in the condition required by this Lease, and (iii) Landlord shall promptly commence and diligently prosecute to completion the appropriate summary proceedings, as appropriate, in order to evict those Existing Tenants holding over in the Premises and to recover lawful possession thereof. In such event, upon Landlord’s recovery of actual and lawful possession of the Premises, Landlord shall furnish Tenant with prompt notice thereof and deliver possession to Tenant in the condition required by this Lease promptly thereafter. Except to the extent otherwise provided for by express terms located elsewhere in this Lease, Tenant expressly waives any right to rescind this Agreement under Section 223-a of the New York Real Property Law or under any present or future statute of similar import then in force and further expressly waives Developer has the right to recover terminate the lease as provided herein and may lawfully evict such Existing Tenant on or after the lease termination date specified the Lease Termination Notice. The City shall have no liability or responsibility in connection with any damagesand all evictions of Existing Tenants at the Project Site, direct or indirect, which may result from Landlord’s failure to deliver possession of and Developer shall Indemnify the entire Premises City for any and all claims made in accordance connection with the terms of this Lease. Tenant agrees that the provisions of this Article are intended to constitute “an express provision to the contrary” within the meaning of said Section 223-a.any eviction.

Existing Tenants. 52.01 A. Notwithstanding anything any other term or provision of this Lease or this Article 17, express or implied, it is understood and agreed by Tenant that: (a) Tenant’s rights under this Article 17 may be subject and subordinate to existing third party leases in effect with one or more tenants for the contrary contained in First Refusal Space or a portion thereof as of the Commencement Date of this Lease, Tenant acknowledges that it has been informed by and Landlord that reserves the Premises right to extend the lease expiration date of, or renew, any such third party lease, whether pursuant to the exercise of any extension or renewal option, or otherwise; (b) other tenants do have and may have certain rights of first offer, rights of refusal or other expansion rights or options with respect to space in the Building, including the First Refusal Space [the tenants referred to in clauses (a) and (b) of this Section 17.07, together with their respective successors, assigns and subtenants, are presently occupied by two (2) existing tenants of the Building (the herein referred to as “Existing Tenants”), under separate lease agreements for Suite 1700 ]; (c) the rights and Suite 1700B, respectively (interests in and to the “Existing Leases”). Tenant further acknowledges that it has been informed First Refusal Space and all portions thereof granted by Landlord that each to Tenant in this Article 17 are, in all respects, subject and subordinate to all such options and rights of Existing Tenants, and to the rights Landlord has reserved with respect to Existing Tenants and may be wholly or partially rendered void and of no effect by such options, rights of and reservations with respect to Existing Tenants; (d) Landlord shall not be liable for the failure or inability of Tenant to exercise or benefit from any or all rights granted in this Article 17 with respect to the First Refusal Space or any portion thereof by reason of the rights Landlord has reserved with respect to the Existing Tenants has advised or such rights and options of Existing Tenants; and (e) Tenant shall not be entitled to compensation, consolation, consideration, replacement of such space or any remedy from or against Landlord that it may by reason of such failure or inability. Landlord shall not be willing liable for any failure to vacate and surrender to Landlord give possession of the Premises prior to the Commencement Date. Landlord and Tenant agree that if either or the both any portion of the Existing Tenants do not vacate their respective portions First Refusal Space by reason of the Premises on unlawful holding over or before retention of possession of any previous tenant, tenants or occupants of same, nor shall such failure impair the Commencement Date and, as a resultvalidity of this Lease or extend the Lease Term. However, Landlord shall be unable does agree to use reasonable diligence to deliver possession of the entire Premises applicable First Refusal Space to Tenant as required by upon the terms of this Lease (it being understood and agreed that Landlord shall not deliver, and Tenant shall not accept, possession of less than the entire Premises), then (i) Landlord shall not be subject to any liability for such failure (provided, however, that Tenant shall have such remedies as are otherwise expressly provided for in this Article), (ii) this Lease shall remain in full force and effect without extension of the Term, however, Tenant’s obligation to pay Fixed Annual Rent and Additional Rent hereunder shall not commence and any rent credits or abatements to which Tenant is entitled under this Lease shall be similarly delayed, until possession of the Premises is delivered to Tenant in the condition required by this Lease, and (iii) Landlord shall promptly commence and diligently prosecute to completion the appropriate summary proceedings, as appropriate, in order to evict those Existing Tenants holding over in the Premises and to recover lawful possession thereof. In such event, upon Landlord’s recovery of actual and lawful possession of the Premises, Landlord shall furnish Tenant with prompt notice thereof and deliver possession to Tenant in the condition required by this Lease promptly thereafter. Except to the extent otherwise provided for by express terms located elsewhere in this Lease, Tenant expressly waives any right to rescind this Agreement under Section 223-a of the New York Real Property Law or under any present or future statute of similar import then in force and further expressly waives the right to recover any damages, direct or indirect, which may result from Landlord’s failure to deliver possession of the entire Premises in accordance with the terms of this Lease. Tenant agrees that the provisions of this Article are intended to constitute “an express provision to the contrary” within the meaning of said Section 223-a.dates described herein.

Existing Tenants. 52.01 A. Notwithstanding anything If an Existing Tenant rejects or is deemed to have rejected a Replacement Unit pursuant to Section 4.4.3.2, Developer shall continue to rent to the contrary contained in this Lease, Existing Tenant acknowledges that it has been informed by Landlord that his or her existing unit under the Premises are presently occupied by two terms of his or her existing lease until such time as (2a) existing tenants of the Building Existing Tenant voluntarily terminates his or her lease or (the “Existing Tenants”), under separate lease agreements for Suite 1700 and Suite 1700B, respectively (the “Existing Leases”). Tenant further acknowledges that it has been informed by Landlord that b) each of the Existing Tenants following has advised Landlord that it may be willing to vacate and surrender to Landlord possession of the Premises prior to the Commencement Date. Landlord and Tenant agree that if either or the both of the Existing Tenants do not vacate their respective portions of the Premises on or before the Commencement Date and, as a result, Landlord shall be unable to deliver possession of the entire Premises to Tenant as required by the terms of this Lease (it being understood and agreed that Landlord shall not deliver, and Tenant shall not accept, possession of less than the entire Premises), then occurred: (i) Landlord shall not be subject to any liability Developer obtains a demolition permit for such failure (provided, however, that Tenant shall have such remedies as are otherwise expressly provided for in this Article)the To-Be Replaced Building occupied by the Existing Tenant, (ii) this Lease shall remain in full force and effect without extension of the Term, however, Tenant’s obligation to pay Fixed Annual Rent and Additional Rent hereunder shall not commence and any rent credits or abatements to which Tenant is entitled under this Lease shall be similarly delayed, until possession of the Premises is delivered to Tenant Developer stops leasing unoccupied units in the condition required by this LeaseTo-Be Replaced Building to new tenants, and (iii) Landlord shall promptly commence and diligently prosecute to completion the appropriate summary proceedings, as appropriate, in order to evict those Existing Tenants holding over in the Premises and to recover lawful possession thereof. In such event, upon Landlord’s recovery Developer delivers a written notice of actual and lawful possession of the Premises, Landlord shall furnish Tenant with prompt notice thereof and deliver possession to Tenant in the condition required by this Lease promptly thereafter. Except lease termination to the extent otherwise provided for by express terms located elsewhere Existing Tenant, which notice shall be delivered not less than sixty (60) days prior to the lease termination date specified therein (a "Lease Termination Notice"). Once Developer delivers a Lease Termination Notice in this Leasea To-Be-Replaced Building, Tenant expressly waives any right to rescind this Agreement under Section 223-a of the New York Real Property Law or under any present or future statute of similar import then in force and further expressly waives Developer shall no longer have the right to recover enter into any damagesnew leases for unoccupied spaces in the to-Be-Replaced Building. The City acknowledges and agrees that, direct or indirect, which may result from Landlord’s failure to deliver possession of the entire Premises in accordance with Section 37.9(a)(15) of the terms Rent Ordinance, Developer has the right to terminate the lease as provided herein and may lawfully evict such Existing Tenant on or after the lease termination date specified the Lease Termination Notice. The City shall have no liability or responsibility in connection with any and all evictions of this Lease. Tenant agrees that Existing Tenants at the provisions of this Article are intended to constitute “an express provision to Project Site, and Developer shall Indemnify the contrary” within the meaning of said Section 223-a.City for any and all claims made in connection with any eviction.