Common use of Landlord Lien Waiver Clause in Contracts

Landlord Lien Waiver. Notwithstanding the provisions of Section 17.1, Landlord acknowledges that Tenant has granted or intends to grant to one or more lenders (collectively “Tenant’s Lender”), pursuant to certain agreements executed by Tenant, a security interest in all of Tenant’s personal property, machinery, equipment, furniture, furnishings and fixtures, together with any replacements or renewals thereof or additions thereto serving similar or related functions, located at or used in connection with the Property (collectively, the “Collateral”), and in connection therewith: (a) None of the Collateral shall be or become deemed a part of or a fixture on the Property even if the Collateral is installed thereon or in some manner attached thereto; (b) The Landlord hereby consents to such security interest of Tenant’s Lender and waives, as against Tenant’s Lender, and subordinates to the security interest of Tenant’s Lender, all claims, rights of distraint or levy, liens and other rights which Landlord now has or may hereafter acquire with respect to the Collateral under the terms of this Lease or under any other agreement entered into with Tenant or under the provisions of Applicable Laws; (c) The Landlord agrees that Tenant’s Lender may exercise any remedies available to it with respect to the Collateral, including removal of the Collateral from the Property, as long as: (i) Tenant’s Lender provides notice to the Landlord in writing in accordance with Section 18.7 of this Lease of any default by Tenant in its obligations to the Tenant’s Lender. (ii) Tenant’s Lender reimburses Landlord for the cost of repair or physical injury, if any, to the Property arising in the course of removal of, such reimbursement not to include any diminution of value resulting from the absence of the Collateral removed; and, (iii) Tenant’s Lender indemnifies the Landlord from all Claims associated with and/or in connection with exercise by Tenant’s Lender of its remedies respecting the Collateral. (d) In the event that notice is provided to the Landlord as set out in Subsection(c)(i), at any time thereafter the Landlord agrees that Tenant’s Lender may at any time enter upon the Property and remove the Collateral, and that Tenant’s Lender may also take possession of the Collateral on the Property, and may remain on the Property in order to dismantle, prepare for disposition or removal, dispose of or otherwise deal with the Collateral. Tenant’s Lender shall pay to Landlord a use and occupancy fee equal to the Rent under this Lease, which Tenant would have paid to Landlord during such period commencing as of the date Tenant’s Lender elects to use and/or occupy the Property, prorated for each day Tenant’s Lender remains on the Property; and, (e) The Landlord will, if requested by the Tenant and/or Tenant’s Lender, execute and deliver in favour of Tenant’s Lender an agreement incorporating the foregoing terms, provided Tenant’s Lender executes an agreement incorporating the foregoing terms.

Landlord Lien Waiver. Notwithstanding Subject to the provisions of Section 17.1this paragraph, during the Term, Landlord acknowledges that Tenant has granted or intends to grant to one or more lenders (collectively “waives any statutory landlord’s lien and any attachment for Rent on Tenant’s Lender”), pursuant Property and on any Alteration of Tenant that is not required to certain agreements executed by Tenant, a security interest in all be surrendered to Landlord at the expiration or sooner termination of Tenant’s personal property, machinery, equipment, furniture, furnishings and fixtures, together with any replacements or renewals thereof or additions thereto serving similar or related functions, located at or used in connection with the Property Term of this Lease (collectively, the “CollateralPersonalty”), and in connection therewith: (a) None of the Collateral shall be or become deemed a part of or a fixture on the Property even if the Collateral is installed thereon or in some manner attached thereto; (b) The that Landlord hereby consents to such security interest of Tenant’s Lender and waives, as against Tenant’s Lender, and subordinates to the security interest of Tenant’s Lender, all claims, rights of distraint or levy, liens and other rights which Landlord now has may have or may hereafter acquire with respect to the Collateral under the terms of this Lease or under any other agreement entered into with Tenant or under the provisions of Applicable Laws; (c) The acquire. Landlord acknowledges and agrees that Tenant’s Lender Personalty may exercise any remedies available to it be leased from an equipment lessor or encumbered by Tenant’s lender (collectively, “Equipment Lessor”) and that Tenant may execute and enter into an equipment lease or security agreement with respect to such Personalty Net Multi-Tenant Laboratory 3054 Cornwallis/ELO Life Systems - Page 37 (“Equipment Lease”). If and to the Collateralextent required by any Equipment Lease or Equipment Lessor, including removal of Landlord shall execute and deliver to the Collateral from the PropertyEquipment Lessor a written consent, as long as: waiver and/or acknowledgment which is in form and content reasonably acceptable to Landlord (“Lien Waiver”) in which Landlord (i) Tenant’s Lender provides notice acknowledges and agrees that, during the Term, the Personalty which is the subject of the Equipment Lease and described with specificity on an exhibit to the Landlord in writing in accordance with Section 18.7 Lien Waiver constitutes the personal property of Tenant (unless contrary to the provisions of this Lease Lease), and shall not be considered to be part of any default the Premises, regardless of whether or by Tenant in its obligations to the Tenant’s Lender. what means they become attached thereto, (ii) Tenant’s Lender reimburses Landlord for agrees that, during the cost of repair or physical injuryTerm, if anyit shall not claim any interest in such Personalty, to the Property arising in the course of removal of, such reimbursement not to include any diminution of value resulting from the absence of the Collateral removed; and, and (iii) Tenant’s Lender indemnifies agrees that Equipment Lessor may enter the Premises for the purpose of removing such Personalty, but only if, in such consent such Equipment Lessor agrees to repair any damage resulting from such removal and to indemnify and hold harmless Landlord from all Claims associated with and/or in connection with exercise by Tenant’s Lender of its remedies respecting and against any claim or other loss that results from such entry and, agrees, within 3 business days after the Collateral. (d) In the event that notice is provided to the Landlord as set out in Subsection(c)(i), at any time thereafter the Landlord agrees that Tenant’s Lender may at any time enter upon the Property and remove the Collateral, and that Tenant’s Lender may also take possession expiration or termination of the Collateral on Term to pay all Rent that would accrue under the PropertyLease if it had not terminated or expired for the period from the expiration or termination of such Lease until 5 business days after such Equipment Lessor relinquishes its right rights to enter into the Premises; provided, and may remain on further, such Equipment Lessor’s right to enter the Property Premises shall in order to dismantle, prepare for disposition any event expire 30 days after the expiration or removal, dispose of or otherwise deal with the Collateral. Tenant’s Lender shall pay to Landlord a use and occupancy fee equal to the Rent under this Lease, which Tenant would have paid to Landlord during such period commencing as termination of the date Tenant’s Lender elects Lease in which case the Equipment Lessor and Tenant shall agree that the Personalty shall be deemed abandoned. Such Lien Waiver documents also may contain such other reasonable and customary provisions that are reasonably acceptable to use and/or occupy the Property, prorated Landlord. Landlord shall be entitled to be paid as administrative rent a fee of $1,000 per occurrence for its time and effort in preparing and negotiating each day Tenant’s Lender remains on the Property; and, (e) The Landlord will, if requested by the Tenant and/or Tenant’s Lender, execute and deliver in favour of Tenant’s Lender an agreement incorporating the foregoing terms, provided Tenant’s Lender executes an agreement incorporating the foregoing termsLien Waiver.

Landlord Lien Waiver. Notwithstanding Subject to the provisions of Section 17.1this paragraph, during the Term, Landlord waives any statutory landlord’s lien and any attachment for Rent on Tenant’s Property and on any Alteration of Tenant that is not required to be surrendered to Landlord at the expiration or sooner termination of the Term of this Lease (collectively, “Personalty”) that Landlord may have or may hereafter acquire. Landlord acknowledges and agrees that Tenant’s Personalty may be leased from an equipment lessor or encumbered by Tenant’s lender (collectively, “Equipment Lessor”) and that Tenant has granted may execute and enter into an equipment lease or intends security agreement with respect to grant to one or more lenders such Personalty (collectively “Tenant’s LenderEquipment Lease”). If and to the extent required by any Equipment Lease or Equipment Lessor, pursuant Landlord shall execute and deliver to certain agreements executed the Equipment Lessor a written consent, waiver and/or acknowledgment which is in form and content reasonably acceptable to Landlord (“Lien Waiver”) in which Landlord (i) acknowledges and agrees that, during the Term, the Personalty which is the subject of the Equipment Lease and described with specificity on an exhibit to the Lien Waiver constitutes the personal property of Tenant (unless contrary to the provisions of this Lease), and shall not be considered to be part of the Premises, regardless of whether or by Tenantwhat means they become attached thereto, a security (ii) agrees that, during the Term, it shall not claim any interest in such Personalty, and (iii) agrees that Equipment Lessor may enter the Premises for the purpose of removing such Personalty, but only if, in such consent such Equipment Lessor agrees to repair any damage resulting from such removal and to indemnify and hold harmless Landlord from and against any claim or other loss that results from such entry and, agrees, within 3 business days after the expiration or termination of the Term to pay all Rent that would accrue under the Lease if it had not terminated or expired for the period from the expiration or termination of Tenantsuch Lease until 5 business days after such Equipment Lessor relinquishes its right rights to enter into the Premises; provided, further, such Equipment Lessor’s personal propertyright to enter the Premises shall in any event expire 30 days after the expiration or termination of the Lease in which case the Equipment Lessor and Tenant shall agree that the Personalty shall be deemed abandoned. Such Lien Waiver documents also may contain such other reasonable and customary provisions that are reasonably acceptable to Landlord. Landlord shall be entitled to reimbursement from Tenant for its actual, machinery, equipment, furniture, furnishings and fixtures, together with any replacements or renewals thereof or additions thereto serving similar or related functions, located at or used reasonable out-of-pocket costs incurred in connection with the Property (collectively, the “Collateral”), preparation and in connection therewith: (a) None negotiation of the Collateral shall be or become deemed a part of or a fixture on the Property even if the Collateral is installed thereon or in some manner attached thereto; (b) The Landlord hereby consents to each such security interest of Tenant’s Lender and waives, as against Tenant’s Lender, and subordinates to the security interest of Tenant’s Lender, all claims, rights of distraint or levy, liens and other rights which Landlord now has or may hereafter acquire with respect to the Collateral under the terms of this Lease or under any other agreement entered into with Tenant or under the provisions of Applicable Laws; (c) The Landlord agrees that Tenant’s Lender may exercise any remedies available to it with respect to the Collateral, including removal of the Collateral from the Property, as long as: (i) Tenant’s Lender provides notice to the Landlord in writing in accordance with Section 18.7 of this Lease of any default by Tenant in its obligations to the Tenant’s LenderLien Waiver. (ii) Tenant’s Lender reimburses Landlord for the cost of repair or physical injury, if any, to the Property arising in the course of removal of, such reimbursement not to include any diminution of value resulting from the absence of the Collateral removed; and, (iii) Tenant’s Lender indemnifies the Landlord from all Claims associated with and/or in connection with exercise by Tenant’s Lender of its remedies respecting the Collateral. (d) In the event that notice is provided to the Landlord as set out in Subsection(c)(i), at any time thereafter the Landlord agrees that Tenant’s Lender may at any time enter upon the Property and remove the Collateral, and that Tenant’s Lender may also take possession of the Collateral on the Property, and may remain on the Property in order to dismantle, prepare for disposition or removal, dispose of or otherwise deal with the Collateral. Tenant’s Lender shall pay to Landlord a use and occupancy fee equal to the Rent under this Lease, which Tenant would have paid to Landlord during such period commencing as of the date Tenant’s Lender elects to use and/or occupy the Property, prorated for each day Tenant’s Lender remains on the Property; and, (e) The Landlord will, if requested by the Tenant and/or Tenant’s Lender, execute and deliver in favour of Tenant’s Lender an agreement incorporating the foregoing terms, provided Tenant’s Lender executes an agreement incorporating the foregoing terms.

Landlord Lien Waiver. Notwithstanding Tenant shall have the provisions of Section 17.1, Landlord acknowledges that Tenant has granted or intends right to grant to one or more lenders (collectively “Tenant’s Lender”), pursuant to certain agreements executed by Tenant, a security interest in remove any and all of Tenant’s personal property, machinery, equipment, furniture, furnishings and trade fixtures, together with equipment and other personal property (collectively, “Tenant’s Property”) at any replacements time during the Term (or renewals thereof the Option Term, If applicable), provided that Tenant repairs any damage to the Premises caused by such removal. Some of Tenant’s Property hereafter installed and used by Tenant on the Premises may be financed by a third-party lender or additions thereto serving similar lessor (collectively, an “Equipment Lienor”), and Landlord hereby agrees to recognize the rights of any such Equipment Lienor to remove Tenant’s Property from the Premises during the Lease Term (or related functionsthe Option Term, located at if applicable), subject to the Lienor Requirements. Landlord agrees that all of Tenant’s Property installed or used to be Installed on the Premises shall be and remain personal property and not real property. Landlord waives the right of distraint and agrees that it does not have and shall not assert any right, lien or claim in connection with or to the financed or leased Tenant’s Property, and agrees that, subject to the Lienor Requirements, any Equipment Lienor may remove and dispose of such financed or leased Tenant’s Property prior to the expiration or earlier termination of this Lease, without reference to, and free and clear of, any demand of Landlord and that any damage from such removal is repaired as aforesaid. Upon Tenant’s request, Landlord shall promptly execute and deliver to Tenant a form of Landlord’s waiver reasonably acceptable to Landlord in favor of any Equipment Lienor; provided, however, that any such document must provide, in addition to any other terms Landlord reasonably deems necessary, the following (collectively, the “CollateralLienor Requirements”)): (i) such lender shall not have the right to place a lien on, and in connection therewith: (a) None of the Collateral shall be or become deemed nor remove, any item which is a part of Landlord’s realty or a fixture on any other item which has been permanently affixed to the Property even if Premises or the Collateral is Building other than fixtures and equipment installed thereon or in some manner attached thereto; by Tenant and not paid for with the Refurbishment Allowance, (bii) The Landlord hereby consents to such security interest any removal of Tenant’s Lender and waives, as against Tenant’s Lender, and subordinates to Property may be accomplished only during the security interest of Tenant’s Lender, all claims, rights of distraint or levy, liens and other rights which Landlord now has or may hereafter acquire with respect to the Collateral under the terms Term of this Lease (or under any other agreement entered into with Tenant or under the provisions of Applicable Laws; (c) The Landlord agrees that Tenant’s Lender may exercise any remedies available to it with respect to the CollateralOption Term, including removal of the Collateral from the Propertyif applicable), as long as: (i) Tenant’s Lender provides upon reasonable prior written notice to the Landlord in writing in accordance with Section 18.7 of this Lease of any default by Tenant in its obligations and subject to the TenantLandlord’s Lender. (ii) Tenant’s Lender reimburses Landlord for the cost of repair or physical injury, if any, to the Property arising in the course of removal of, such reimbursement not to include any diminution of value resulting from the absence of the Collateral removedreasonable rules and regulations; and, (iii) Tenant’s Lender indemnifies any such Equipment Lienor must agree to repair any damage to the Premises and the Building resulting from such removal and to Indemnify, defend and hold Landlord harmless from any and all Claims associated with and/or loss, cost, damage, expense and liability (Including without limitation court costs and reasonably attorneys’ fees) Incurred in connection with or arising from such Equipment Lienor’s exercise by Tenant’s Lender of its remedies respecting rights under such lien and/or removal of any such items from the Collateral. (d) In the event that notice is provided to the Landlord as set out in Subsection(c)(i), at any time thereafter the Landlord agrees that Tenant’s Lender may at any time enter upon the Property and remove the CollateralPremises, and that Tenant’s Lender may also take possession of (iv) no such Equipment Lienor shall be entitled to dispose of, sell or auction any such item at the Collateral on Premises or the Property, and may remain on the Property in order to dismantle, prepare for disposition or removal, dispose of or otherwise deal with the Collateral. Tenant’s Lender shall pay to Landlord a use and occupancy fee equal to the Rent under this Lease, which Tenant would have paid to Landlord during such period commencing as of the date Tenant’s Lender elects to use and/or occupy the Property, prorated for each day Tenant’s Lender remains on the Property; and, (e) The Landlord will, if requested by the Tenant and/or Tenant’s Lender, execute and deliver in favour of Tenant’s Lender an agreement incorporating the foregoing terms, provided Tenant’s Lender executes an agreement incorporating the foregoing termsProject.

Landlord Lien Waiver. Notwithstanding anything herein to the provisions of Section 17.1contrary, Landlord acknowledges that Tenant has granted subordinates any and all rights, title and interest Landlord now has, or intends hereafter may have, whether statutory or otherwise, to grant to one or more lenders (collectively “Tenant’s Lender”), pursuant to certain agreements executed by Tenant, a security interest in all of Tenant’s personal property, machineryinventory, equipment, furniturefurnishings, furnishings and trade fixtures, together with any replacements fixtures, books and records and personal property owned or renewals thereof or additions thereto serving similar or related functions, leased by Tenant located at or used in connection with the Property Leased Premises (singly and/or collectively, the “Collateral”), to the lien of any lender providing financing to Tenant that is secured by the Collateral. Landlord further agrees that Tenant shall have the right, at its discretion, to mortgage, pledge, hypothecate or grant a security interest in the Collateral (or its leasehold interest therein) as security for its obligations under any equipment lease or other financing arrangement related to the conduct of Tenant’s business at the Leased Premises. Concurrently with the execution of this Lease, Landlord shall execute and deliver to Tenant Landlord’s waiver (the “Waiver Form”) in connection therewith: the form of Exhibit Q hereto. Landlord further agrees to execute and deliver within ten (a10) None business days following [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. any request therefore any UCC filing statement or other documentation with respect to any such lease or financing arrangement, and any real estate consent or subordination forms submitted by any vendors, equipment lessors, chattel mortgagees, lenders, or holders or owners of the Collateral, so long as such forms are substantially similar to the Waiver Form in all material aspects (“Equipment Lessors”). The Collateral shall be not become the property of Landlord or become deemed a part of or a fixture on the Property even if the Collateral is installed thereon or in some manner attached thereto; (b) The Landlord hereby consents to such security interest of Tenant’s Lender and waives, as against Tenant’s Lender, and subordinates realty no matter how affixed to the security interest of Tenant’s Lender, all claims, rights of distraint or levy, liens Leased Premises and other rights which Landlord now has or may hereafter acquire with respect to the Collateral under the terms of this Lease or under any other agreement entered into with be removed by Tenant or under the provisions of Applicable Laws; (c) The Landlord agrees that Tenant’s Lender may exercise any remedies available to it with respect to the Collateral, including removal of the Collateral from the Property, as long as: (i) Tenant’s Lender provides notice to the Landlord in writing in accordance with Section 18.7 of this Lease of any default by Tenant in its obligations to the Tenant’s Lender. (ii) Tenant’s Lender reimburses Landlord for the cost of repair Equipment Lessors or physical injury, if any, to the Property arising in the course of removal of, such reimbursement not to include any diminution of value resulting from the absence of the Collateral removed; and, (iii) Tenant’s Lender indemnifies the Landlord from all Claims associated with and/or in connection with exercise by Tenant’s Lender of its remedies respecting the Collateral. (d) In the event that notice is provided to the Landlord as set out in Subsection(c)(i), lenders at any time thereafter and from time to time during the Landlord agrees that Tenant’s Lender may at any time enter upon the Property and remove the Collateral, and that Tenant’s Lender may also take possession entire term of the Collateral on the Property, and may remain on the Property in order to dismantle, prepare for disposition or removal, dispose of or otherwise deal with the Collateral. Tenant’s Lender shall pay to Landlord a use and occupancy fee equal to the Rent under this Lease, which . Tenant would have paid to Landlord during such period commencing as of the date Tenant’s Lender elects to use and/or occupy the Property, prorated for each day Tenant’s Lender remains on the Property; and, (e) The Landlord will, if requested shall promptly repair any damage caused by the removal of such property, whether effected by Tenant and/or Tenant’s Lender, execute and deliver in favour of Tenant’s Lender an agreement incorporating the foregoing terms, provided Tenant’s Lender executes an agreement incorporating the foregoing termsor Equipment Lessors or lenders.

Landlord Lien Waiver. Notwithstanding the provisions of Section 17.1, Landlord acknowledges that Tenant has granted or intends to grant to one or more lenders (collectively “hereby waives any lien rights which it -------------------- may otherwise have concerning Tenant’s Lender”), pursuant to certain agreements executed by Tenant, a security interest in all of Tenant’s personal 's property, machinerywhich shall include furniture, fixtures, equipment, furniture, furnishings any and fixtures, together with any replacements or renewals thereof or additions thereto serving similar or related functions, located at or used in connection with the Property (collectively, the “Collateral”), and in connection therewith: (a) None of the Collateral shall be or become deemed a part of or a fixture on the Property even if the Collateral is installed thereon or in some manner attached thereto; (b) The Landlord hereby consents to such security interest of Tenant’s Lender and waives, as against Tenant’s Lender, and subordinates to the security interest of Tenant’s Lender, all claims, rights of distraint or levy, liens and other rights which Landlord now has or may hereafter acquire with respect to the Collateral under the terms of this Lease or under any other agreement entered into with Tenant or under the provisions of Applicable Laws; (c) The Landlord agrees that Tenant’s Lender may exercise any remedies available to it with respect to the Collateral, including removal of the Collateral from the Property, as long as: (i) Tenant’s Lender provides notice to the Landlord in writing in accordance with Section 18.7 of this Lease of any default equipment and/or supplies utilized by Tenant in its obligations business operations, and Tenant shall have the right to remove the Tenant’s Lender. (ii) Tenant’s Lender reimburses Landlord for the cost of repair or physical injury, if any, to the Property arising in the course of removal of, such reimbursement not to include any diminution of value resulting from the absence of the Collateral removed; and, (iii) Tenant’s Lender indemnifies the Landlord from all Claims associated with and/or in connection with exercise by Tenant’s Lender of its remedies respecting the Collateral. (d) In the event that notice is provided to the Landlord as set out in Subsection(c)(i), same at any time thereafter without Landlord's consent. Furthermore, Landlord acknowledges Tenant's right to finance and to secure under the Uniform Commercial Code, inventory, furnishings, furniture, equipment, machinery, leasehold improvements and other personal property located in or at the Premises, and Landlord agrees to execute commercially reasonable waiver forms releasing liens in favor of any purchase money seller, lessor or lender who has financed or may finance in the future such items. Without limiting the effectiveness of the foregoing, provided that Tenant’s Lender may at any time enter no default shall have occurred and be continuing, Landlord shall, upon the Property and remove the Collateralrequest of Tenant, and that at the Tenant’s Lender may also take possession of the Collateral on the Property, 's sole cost and may remain on the Property in order to dismantle, prepare for disposition or removal, dispose of or otherwise deal with the Collateral. Tenant’s Lender shall pay to Landlord a use and occupancy fee equal to the Rent under this Lease, which Tenant would have paid to Landlord during such period commencing as of the date Tenant’s Lender elects to use and/or occupy the Property, prorated for each day Tenant’s Lender remains on the Property; and, (e) The Landlord will, if requested by the Tenant and/or Tenant’s Lenderexpense, execute and deliver in favour delivery any commercially reasonable instruments necessary or appropriate to confirm any such grant, release, dedication, transfer, annexation or amendment to any person or entity permitted under this paragraph including landlord waivers with respect to any of the foregoing. EXHIBIT D COMMENCEMENT DATE AGREEMENT --------------------------- This Commencement Date Agreement (this "Agreement") is made and entered --------- into this ____day of ___________, 19___, by and between DULLES TECH, INC. ("Landlord") and NETWORK ACCESS SOLUTIONS ("Tenant’s Lender an agreement incorporating the foregoing terms, provided Tenant’s Lender executes an agreement incorporating the foregoing terms."). ---------- ------