Common use of Inability to Collect Clause in Contracts

Inability to Collect. Notwithstanding any of the -------------------- foregoing provisions of this Article 13, if and for so long as by reason of any action or inaction by any Tenant Party, Landlord or any Mortgagee or Lessor is unable to collect all of the insurance proceeds (including rent insurance proceeds) applicable to damage or destruction of the Premises or the Building, then, without prejudice to any other remedies that may be available against Tenant, there shall be no abatement of Rent and Landlord shall have no obligation to restore the Premises.

Appears in 2 contracts

Samples: Lease (Portal Software Inc), Lease (Portal Software Inc)

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Inability to Collect. Notwithstanding any of the -------------------- foregoing provisions of this Article Paragraph 13, if and for so long as by reason of any action or inaction by any Tenant Party, Landlord or any Landlord's Mortgagee or Lessor is shall be unable to collect all of the rent insurance proceeds (including rent insurance proceeds) applicable equal to the reduction in Rent resulting from damage or destruction of the Premises or the BuildingBuilding solely by reason of any action or inaction on the part of Tenant or any of its employees, agents or contractors, then, without prejudice to any other remedies that which may be available against Tenant, there shall be no abatement of Rent and and, if an Event of Default of a monetary nature has occurred, Landlord shall have no obligation to restore the Premises.

Appears in 2 contracts

Samples: Lease Agreement (Eresearchtechnology Inc), Lease Agreement (Premier Research Worldwide LTD)

Inability to Collect. Notwithstanding any of the -------------------- foregoing provisions of this Article 1314, if and for so long as by reason of any action or inaction by any Tenant Party, Landlord or any Lessor or Mortgagee or Lessor is shall be unable to collect all of the insurance proceeds (including rent insurance proceeds) applicable to damage or destruction of the Premises or the BuildingBuilding by reason of any action or inaction on the part of Tenant or any Tenant Party, then, without prejudice to any other remedies that which may be available against Tenant, (i) there shall be no abatement of Rent Rent, and (ii) Landlord shall have no obligation to restore the Premisescore and shell of the Premises or the Building Systems.

Appears in 1 contract

Samples: Lease (Sports Club Co Inc)

Inability to Collect. Notwithstanding any of the -------------------- foregoing provisions of this Article 13Article, if and for so long as by reason of any action or inaction by any Tenant Party, Landlord or any Lessor or Mortgagee or Lessor is shall be unable to collect all of the insurance proceeds (including rent insurance proceeds) applicable to damage or destruction of the Premises or the BuildingBuilding by reason of any failure on the part of Tenant or any Tenant Party, following reasonable notice, to provide reasonably requested information or otherwise failing to cooperate in a reasonable manner, then, without prejudice to any other remedies that which may be available against Tenant, there shall be no abatement of Rent and Landlord shall have no obligation to restore the PremisesRent.

Appears in 1 contract

Samples: MF Global Ltd.

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Inability to Collect. Notwithstanding any of the -------------------- foregoing provisions of this Article 13Article, if and for so long as by reason of any action or inaction by any Tenant Party, Landlord or any Lessor or Mortgagee or Lessor is shall be unable to collect all of the insurance proceeds (including rent insurance proceeds) applicable to damage or destruction of the Premises or the BuildingBuilding by reason of any action or inaction on the part of Tenant or any Tenant Party, then, without prejudice to any other remedies that which may be available against Tenant, (i) there shall be no abatement of Rent Rent, and (ii) Landlord shall have no obligation to restore the Premises.

Appears in 1 contract

Samples: Agreement of Lease (Thestreet Com)

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