Common use of Incorporation of the Northwest Lease Clause in Contracts

Incorporation of the Northwest Lease. Pinnacle expressly acknowledges and agrees that this Agreement is subject to and conditioned upon all of the terms, covenants and conditions of the Northwest Lease, which terms, covenants and conditions, except as modified or deleted herein, are expressly incorporated into this Agreement by reference as if set forth in full herein to the extent the same apply to the Premises. Pinnacle agrees to assume, faithfully perform, carry out and be bound by all of the terms, covenants and conditions of the Northwest Lease with respect to its use of the Premises at the time and in the manner provided therein as if Pinnacle was expressly named as the Lessee under the Northwest Lease. Unless otherwise provided herein, all references to the “Lessor” in the Northwest Lease shall be deemed to include both the Lessor and Northwest, and Northwest shall have against Pinnacle all rights and remedies conferred upon the Lessor therein, provided, however, that Pinnacle agrees to look solely to the Lessor for performance of the Lessor’s obligations under the Northwest Lease. Northwest shall not be liable to Pinnacle for the failure of the Lessor to perform its obligations under the Northwest Lease, provided that within a reasonable period of time after receipt of notice from Pinnacle that Lessor has failed to so perform, Northwest shall use its reasonable efforts to cause the Lessor to perform such obligations to the extent that the failure of Lessor to do so could adversely affect Pinnacle’s use of the Premises. Pinnacle agrees that it will not do or fail to do anything with respect to the Premises which would cause a default to occur under the terms of the Northwest Lease. If approval of this Agreement by the Lessor is required pursuant to the provisions of the Northwest Lease, this Agreement is conditioned upon receipt of such approval. In the event the Lessor does not approve this Agreement, this Agreement shall be canceled immediately and all rights and obligations of the parties hereunder shall terminate immediately.

Appears in 3 contracts

Samples: Facilities Use Agreement (Pinnacle Airlines Corp), Facilities Use Agreement (Pinnacle Airlines Corp), Facilities Use Agreement (Pinnacle Airlines Corp)

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Incorporation of the Northwest Lease. Pinnacle Mesaba expressly acknowledges and agrees that this Agreement is subject to and conditioned upon all of the terms, covenants and conditions of the Northwest Lease, which terms, covenants and conditions, except as modified or deleted herein, are expressly incorporated into this Agreement by reference as if set forth in full herein to the extent the same apply to the Premises. Pinnacle Upon request from Mesaba, Northwest shall provide Mesaba with a full and complete copy of the Northwest Lease. Mesaba agrees to assume, faithfully perform, carry out and be bound by all of the terms, covenants and conditions of the Northwest Lease with respect to its use of the Premises at the time and in the manner provided therein as if Pinnacle Mesaba was expressly named as the Lessee under the Northwest Lease. Unless otherwise provided herein, all references to the “Lessor” in the Northwest Lease shall be deemed to include both the Lessor and Northwest, and Northwest shall have against Pinnacle Mesaba all rights and remedies conferred upon the Lessor therein, provided, however, that Pinnacle Mesaba agrees to look solely to the Lessor for performance of the Lessor’s obligations under the Northwest Lease. Northwest shall not be liable to Pinnacle Mesaba for the failure of the Lessor to perform its obligations under the Northwest Lease, provided that within a reasonable period of time after receipt of notice from Pinnacle Mesaba that Lessor has failed to so perform, Northwest shall use its reasonable efforts to cause the Lessor to perform such obligations to the extent that the failure of Lessor to do so could adversely affect PinnacleMesaba’s use of the Premises. Pinnacle Mesaba agrees that it will not do or fail to do anything with respect to the Premises which would cause a default to occur under the terms of the Northwest Lease. If approval of this Agreement by the Lessor is required pursuant to the provisions of the Northwest Lease, this Agreement is conditioned upon receipt of such approval. In the event the Lessor does not approve this Agreement, this Agreement shall be canceled immediately and all rights and obligations of the parties hereunder shall terminate immediately.

Appears in 1 contract

Samples: Sublease Agreement (Mair Holdings Inc)

Incorporation of the Northwest Lease. Pinnacle expressly acknowledges and agrees that this Agreement is subject to and conditioned upon all of the terms, covenants and conditions of the Northwest Lease, which terms, covenants and conditions, except as modified or deleted herein, are expressly incorporated into this Agreement by reference as if set forth in full herein to the extent the same apply to the Premises. Pinnacle agrees to assume, faithfully perform, carry out and be bound by all of the terms, covenants and conditions of the Northwest Lease with respect to its use of the Premises at the time and in the manner provided therein as if Pinnacle was expressly named as the Lessee under the Northwest Lease. Unless otherwise provided herein, all references to the "Lessor" in the Northwest Lease shall be deemed to include both the Lessor and Northwest, and Northwest shall have against Pinnacle all rights and remedies conferred upon the Lessor therein, providedPROVIDED, howeverHOWEVER, that Pinnacle agrees to look solely to the Lessor for performance of the Lessor’s 's obligations under the Northwest Lease. Northwest shall not be liable to Pinnacle for the failure of the Lessor to perform its obligations under the Northwest Lease, provided that within a reasonable period of time after receipt of notice from Pinnacle that Lessor has failed to so perform, Northwest shall use its reasonable efforts to cause the Lessor to perform such obligations to the extent that the failure of Lessor to do so could adversely affect Pinnacle’s 's use of the Premises. Pinnacle agrees that it will not do or fail to do anything with respect to the Premises which would cause a default to occur under the terms of the Northwest Lease. If approval of this Agreement by the Lessor is required pursuant to the provisions of the Northwest Lease, this Agreement is conditioned upon receipt of such approval. In the event the Lessor does not approve this Agreement, this Agreement shall be canceled immediately and all rights and obligations of the parties hereunder shall terminate immediately.

Appears in 1 contract

Samples: Facilities Use Agreement (Pinnacle Airlines Corp)

Incorporation of the Northwest Lease. Pinnacle Sublessee expressly acknowledges and agrees that this Agreement is subject to and conditioned upon all of the terms, covenants and conditions of the Northwest Lease, which terms, covenants and conditions, except as modified or deleted herein, are expressly incorporated into this Agreement by reference as if set forth in full herein to the extent the same apply to the Premises. Pinnacle Sublessee agrees to assume, faithfully perform, carry out and be bound by all of the terms, covenants and conditions of the Northwest Lease with respect to its use of the Premises at the time and in the manner provided therein as if Pinnacle Sublessee was expressly named as the Lessee under the Northwest Lease. Unless otherwise provided herein, all references to the "Lessor" in the Northwest Lease shall be deemed to include both the Lessor and Northwest, and Northwest shall have against Pinnacle Sublessee all rights and remedies conferred upon the Lessor therein, providedPROVIDED, howeverHOWEVER, that Pinnacle Sublessee agrees to look solely to the Lessor for performance of the Lessor’s 's obligations under the Northwest Lease. Northwest Sublessor shall not be liable to Pinnacle Sublessee for the failure of the Lessor to perform its obligations under the Northwest Lease, provided that within a reasonable period of time after receipt of notice from Pinnacle Sublessee that Lessor has failed to so perform, Northwest Sublessor shall use its reasonable efforts to cause the Lessor to perform such obligations to the extent that the failure of Lessor to do so could adversely affect Pinnacle’s Sublessee's use of the Premises. Pinnacle Sublessee agrees that it will not do or fail to do anything with respect to the Premises which would cause a default to occur under the terms of the Northwest Lease. If approval of this Agreement by the Lessor is required pursuant to the provisions of the Northwest Lease, this Agreement is conditioned upon receipt of such approval. In the event the Lessor does not approve this Agreement, this Agreement shall be canceled immediately and all rights and obligations of the parties hereunder shall terminate immediately.

Appears in 1 contract

Samples: Sublease Agreement (Pinnacle Airlines Corp)

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Incorporation of the Northwest Lease. Pinnacle Sublessee expressly acknowledges and agrees that this Agreement is subject to and conditioned upon all of the terms, covenants and conditions of the Northwest Lease, which terms, covenants and conditions, except as modified or deleted herein, are expressly incorporated into this Agreement by reference as if set forth in full herein to the extent the same apply to the Premises. Pinnacle Sublessee agrees to assume, faithfully perform, carry out and to be bound by all of the terms, covenants and conditions of the Northwest Lease with respect to its use of the Premises at the time and in the manner provided therein as if Pinnacle Sublessee was expressly named as the Lessee under the Northwest Lease. Unless otherwise provided herein, all references to the “Lessor” in the Northwest Lease shall be deemed to include both the Lessor and Northwest, and Northwest shall have against Pinnacle Sublessee all rights and remedies conferred upon the Lessor therein, provided, however, that Pinnacle Sublessee agrees to look solely to the Lessor for performance of the Lessor’s obligations under the Northwest Lease. Northwest shall not be liable to Pinnacle Sublessee for the failure of the Lessor to perform its obligations under the Northwest Lease, provided that within a reasonable period of time after receipt of notice from Pinnacle Sublessee that Lessor has failed to so perform, Northwest shall use its reasonable efforts to cause the Lessor to perform such obligations to the extent that the failure of Lessor to do so could adversely affect PinnacleSublessee’s use of the Premises. Pinnacle Sublessee agrees that it will not do or fail to do anything with respect to the Premises which would cause a default to occur under the terms of the Northwest Lease. If approval of this Agreement by the Lessor is required pursuant to the provisions of the Northwest Lease, this Agreement is conditioned upon receipt of such approval. In the event the Lessor does not approve this Agreement, this Agreement shall be canceled immediately and all rights and obligations of the parties hereunder shall terminate immediately.

Appears in 1 contract

Samples: Sublease Agreement (Pinnacle Airlines Corp)

Incorporation of the Northwest Lease. Pinnacle Sublessee expressly acknowledges and agrees that this Agreement is subject to and conditioned upon all of the terms, covenants and conditions of the Northwest Lease, which terms, covenants and conditions, except as modified or deleted herein, are expressly incorporated into this Agreement by reference as if set forth in full herein to the extent the same apply to the Premises. Pinnacle Sublessee agrees to assume, faithfully perform, carry out and be bound by all of the terms, covenants and conditions of the Northwest Lease with respect to its use of the Premises at the time and in the manner provided therein as if Pinnacle Sublessee was expressly named as the Lessee under the Northwest Lease. Unless otherwise provided herein, all references to the “Lessor” in the Northwest Lease shall be deemed to include both the Lessor and Northwest, and Northwest shall have against Pinnacle Sublessee all rights and remedies conferred upon the Lessor therein, provided, however, that Pinnacle Sublessee agrees to look solely to the Lessor for performance of the Lessor’s obligations under the Northwest Lease. Northwest Sublessor shall not be liable to Pinnacle Sublessee for the failure of the Lessor to perform its obligations under the Northwest Lease, provided that within a reasonable period of time after receipt of notice from Pinnacle Sublessee that Lessor has failed to so perform, Northwest Sublessor shall use its reasonable efforts to cause the Lessor to perform such obligations to the extent that the failure of Lessor to do so could adversely affect PinnacleSublessee’s use of the Premises. Pinnacle Sublessee agrees that it will not do or fail to do anything with respect to the Premises which would cause a default to occur under the terms of the Northwest Lease. If approval of this Agreement by the Lessor is required pursuant to the provisions of the Northwest Lease, this Agreement is conditioned upon receipt of such approval. In the event the Lessor does not approve this Agreement, this Agreement shall be canceled immediately and all rights and obligations of the parties hereunder shall terminate immediately.

Appears in 1 contract

Samples: Sublease Agreement (Pinnacle Airlines Corp)

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