Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than one (1) month in advance to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s Mortgagee, and (C) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 8 contracts

Samples: Office Lease Agreement (Spruce Biosciences, Inc.), Office Lease Agreement (Arcutis Biotherapeutics, Inc.), Office Lease Agreement (Spruce Biosciences, Inc.)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s Mortgagee, and (C) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the ~~Building~~Project. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 4 contracts

Samples: Lease Agreement (Cleanspark, Inc.), Lease Agreement, Lease Agreement (Energytec Inc)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s Mortgagee, and (C) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 3 contracts

Samples: Industrial Lease (Middleton Doll Co), Lease Agreement (Omtool LTD), Office Lease Agreement (Cray Inc)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1a) liable for any act or omission of any prior lessor (including Landlord); (2b) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3c) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4d) bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s Mortgagee; (5e) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6f) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A1) are expressly provided in this Lease, (B2) relate to periods of time following the acquisition of the Building by Landlord’s Mortgagee, and (C3) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own ~~an interest in~~ fee simple title to the ~~Building~~Project. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan. Upon the occurrence of a default by Landlord on its obligations to Landlord’s Mortgagee (a “Mortgage Default”) and while such Mortgage Default is continuing, Landlord’s Mortgagee is authorized to direct Tenant to make all payments of Rent directly to Landlord’s Mortgagee at such address and in such manner as Landlord’s Mortgagee shall designate, and Tenant is hereby authorized to pay all Rent due during the continuance of any such Mortgage Default directly to Landlord’s Mortgagee without any obligation to inquire into or determine (A) the reasons for paying or delivering such amounts to Landlord’s Mortgagee, (B) the application of such amounts, (C) the status of Landlord’s relations with Landlord’s Mortgagee or its agent, (D) whether a Mortgage Default has occurred, or (E) whether the demand is in compliance with the provisions of any loan. If any conflict exists or arise between the terms of this Section 12.4 and the terms of the mortgagee protection provisions contained in any executed subordination, non-disturbance and attornment agreement, the terms of the mortgagee protection provisions in the executed subordination, non-disturbance and attornment agreement shall prevail.

Appears in 3 contracts

Samples: Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s 's Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s 's Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s 's Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s 's Mortgagee’s 's consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s 's Mortgagee’s 's consent pursuant to the terms of the loan documents between Landlord and Landlord’s 's Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s 's Mortgagee, and (C) Tenant has provided written notice to Landlord’s 's Mortgagee and provided Landlord’s 's Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s 's Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building. Nothing in this Lease shall be construed to require Landlord’s 's Mortgagee to see to the application of the proceeds of any loan, and Tenant’s 's agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 3 contracts

Samples: Lease Agreement (Beyond Com Corp), Lease Agreement (Panoramic Care Systems Inc), Lease Agreement (Virtusa Corp)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than one (1) month in advance to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s Mortgagee, and (C) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 2 contracts

Samples: Office Lease Agreement (Dermavant Sciences LTD), Office Lease Agreement (Dermavant Sciences LTD)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); provided, however, that such shall not be deemed to permit the repetition or continuation of any such act or omission (or the continuation of a condition from a past act or omission) not otherwise permitted under the Lease; (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by ~~Landlord~~Lxxxxxxx’s Mortgagee, and (C) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the ~~Building~~Project. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Polarityte, Inc.), Lease Agreement (Polarityte, Inc.)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s Mortgagee, and (C) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 2 contracts

Samples: Lease Agreement (Harvard Bioscience Inc), Lease Agreement (Harvard Bioscience Inc)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1a) liable for any act or omission of any prior lessor (including Landlord); (2b) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3c) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4d) bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s Mortgagee; (5e) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6f) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A1) are expressly provided in this Lease, (B2) relate to periods of time following the acquisition of the Building by Landlord’s Mortgagee, and (C3) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own ~~an interest in~~ fee simple title to the ~~Building~~Project. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan. As used in this Section 12.4, Landlord’s Mortgagee shall include any party succeeding to Landlord’s interest in the Premises, whether by purchase, foreclosure, deed in lieu of foreclosure, power of sale, termination of lease, or otherwise.

Appears in 2 contracts

Samples: Lease Agreement (Signing Day Sports, Inc.), Lease Agreement (Dirtt Environmental Solutions LTD)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than one (1) month in advance to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (65) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s Mortgagee, and (C) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 2 contracts

Samples: Office Lease Agreement (Interpace Biosciences, Inc.), Office Lease Agreement (Cancer Genetics, Inc)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1a) liable for any act or omission of any prior lessor (including Landlord), except to the extent that (i) such act or omission continues after the date that the Landlord’s Mortgagee succeeds to Landlord’s interest in the Building, and (ii) such act or omission of such prior landlord is of a nature that the Landlord’s Mortgagee can cure by performing a service or making a repair; (2b) bound by any ~~rent~~ Rent or ~~additional rent~~ Additional Rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3c) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4d) bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s Mortgagee; (5e) subject to the defenses which Tenant might have against any prior lessor (including Landlord); ~~and~~ (6f) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (Ai) are expressly provided in this Lease, (Bii) relate to periods of time following the acquisition of the Building by Landlord’s Mortgagee, and (Ciii) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event; and (g) bound by any obligation to make any payment to or on behalf of Tenant to the extent that such obligation accrues prior to the date that the Landlord’s Mortgagee succeeds to Landlord’s interest in the Building. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the ~~Building~~Project. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to ~~see to the application of~~ apply the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 2 contracts

Samples: Office Lease (Oxigene Inc), Office Lease (Midwest Banc Holdings Inc)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the ~~Building~~ Premises by Landlord’s Mortgagee, and (C) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the ~~Building~~Premises. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 2 contracts

Samples: Lease Agreement (Intermolecular Inc), Lease Agreement (ARYx Therapeutics, Inc.)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s 's Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s 's Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s 's Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s 's Mortgagee’s 's consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s 's Mortgagee’s 's consent pursuant to the terms of the loan documents between Landlord and Landlord’s 's Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s 's Mortgagee, and (C) Tenant has provided written notice to Landlord’s 's Mortgagee and provided Landlord’s 's Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s 's Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the ~~Building~~Project. Nothing in this Lease shall be construed to require Landlord’s 's Mortgagee to see to the application of the proceeds of any loan, and Tenant’s 's agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 2 contracts

Samples: Lease Agreement (Alco Stores Inc), Lease Agreement (Cardionet Inc)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s 's Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s 's Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s 's Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s 's Mortgagee’s 's consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s 's Mortgagee’s 's consent pursuant to the terms of the loan documents between Landlord and Landlord’s 's Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s 's Mortgagee, and (C) Tenant has provided written notice to Landlord’s 's Mortgagee and provided Landlord’s 's Mortgagee ~~a reasonable~~ an opportunity to cure the event giving rise to such offset ~~event~~event within the period of time set forth in Section 12(c). Landlord’s 's Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building. Nothing in this Lease shall be construed to require Landlord’s 's Mortgagee to see to the application of the proceeds of any loan, and Tenant’s 's agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 2 contracts

Samples: Lease Agreement (Evergreen Solar Inc), Lease Agreement (Evergreen Solar Inc)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s 's Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s 's Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any ~~rent or additional rent or advance rent~~ Rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such ~~rent~~ Rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s 's Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s 's Mortgagee’s 's consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s 's Mortgagee’s 's consent pursuant to the terms of the loan documents between Landlord and Landlord’s 's Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s 's Mortgagee, and (C) Tenant has provided written notice to Landlord’s 's Mortgagee and provided Landlord’s 's Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s 's Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building. Nothing in this Lease shall be construed to require Landlord’s 's Mortgagee to see to the application of the proceeds of any loan, and Tenant’s 's agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 2 contracts

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

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the ~~loan~~ applicable documents between Landlord and Landlord’s Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); ~~and~~ (6) subject to ~~the offsets~~ any offsets, abatement or reductions in Rent which Tenant might have against any prior lessor (including Landlord) except for those ~~offset~~ offset, abatement or reduction rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s Mortgagee, and (C) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such ~~offset~~ offset, abatement or reduction event; (7) obligated to construct or complete the construction of any improvements for Tenant’s occupancy, or to reimburse Tenant for the costs of any such initial construction; however. ~~Landlord’s Mortgagee~~ Tenant shall ~~have no liability or responsibility~~ retain all termination rights with respect thereto and otherwise under ~~or pursuant~~ the Lease; and (8) be liable to ~~the terms of this Lease or otherwise after it ceases~~ Tenant for any other payments due from Landlord to ~~own an interest in the Building~~Tenant. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own fee simple title to the Project. To the extent of a conflict between this Section 19 of the Lease and any subordination, non-disturbance and attornment agreement, the terms of such subordination, non-disturbance and attornment agreement shall control over any such conflict.

Appears in 2 contracts

Samples: Office Lease (YETI Holdings, Inc.), Office Lease (YETI Holdings, Inc.)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s 's Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s 's Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord)) except to the extent the same continues following such succession; (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s 's Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; provided that Landlord hereby agrees to promptly deliver such security or advance rental deposit to Landlord's Mortgagee if Landlord's Mortgagee succeeds to the interest of Landlord under this Lease; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s 's Mortgagee’s 's consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s 's Mortgagee’s 's consent pursuant to the terms of the loan documents between Landlord and Landlord~~’s Mortgagee~~'s Mortgagee or otherwise permitted to be made by Tenant pursuant to the provisions of this Lease; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s 's Mortgagee, and (C) Tenant has provided written notice to Landlord’s 's Mortgagee and provided Landlord’s 's Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s 's Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the ~~Building~~Project. Nothing in this Lease shall be construed to require Landlord’s 's Mortgagee to see to the application of the proceeds of any loan, and Tenant’s 's agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan. Notwithstanding anything to the contrary contained herein, any such Landlord's Mortgagee shall remain liable to Tenant for the payment of the Construction Allowance (as set forth in Exhibit D and in accordance with the provisions thereof) to the extent the same has not been previously delivered to Tenant.

Appears in 2 contracts

Samples: Lease Agreement (Airvana Inc), Lease Agreement (Airvana Inc)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s 's Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s 's Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by by, or subject to any offset rights with respect to, any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s 's Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s 's Mortgagee’s 's consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s 's Mortgagee’s 's consent pursuant to the terms of the loan and/or lease documents between Landlord and Landlord’s 's Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) do not pertain to any rent which Tenant might have paid for more than the current month to any prior lessor (including Landlord), (B) are expressly provided in this Lease, (BC) relate to periods of time following the acquisition of the Building by Landlord’s 's Mortgagee, and (CD) Tenant has provided written notice to Landlord’s 's Mortgagee and provided Landlord’s 's Mortgagee a reasonable opportunity to cure the event giving rise to such offset ~~event.~~ event Landlord’s 's Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise prior to the date Landlord's Mortgagee succeeds to the interest of Landlord under this Lease or after it Landlord's Mortgagee ceases to own an interest in the ~~Building.~~ Project Nothing in this Lease shall be construed to require Landlord’s 's Mortgagee to see to the application of the proceeds of any loan, and Tenant’s 's agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 2 contracts

Samples: Iv Lease (Biomira CORP), Security Agreement (Biomira Inc)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent (provided that Landlord or Landlord’s Mortgagee has delivered written notification of the name and ~~written approval~~address of Landlord’s Mortgagee and such termination, ~~except for those terminations, amendments~~ amendment or modification is entered into by Tenant following the date of such notification of the name and ~~modifications permitted to be made by Landlord without~~ mailing address of Landlord’s Mortgagee~~’s consent~~ ) that (A) results in a reduction of rent or other sums due and payable pursuant to this Lease (B) modifies any operating covenant of Tenant in this Lease, (C) reduces the Term of this Lease, (D) terminates the Lease, (E) modifies the terms of the ~~loan documents between Landlord and~~ Lease regarding surrendering possession of the Premises, (F) provides for payment of Basic Rental more than one month in advance, (G) modifies the Permitted Use under the Lease, (H) modifies the provisions regarding Tenant’s obligation to comply with all Laws, or (I) materially increases Landlord’s ~~Mortgagee~~or decreases Tenant’ s obligations under the Lease; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s Mortgagee, and (C) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the ~~Building~~Project. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Republic Companies Group, Inc.)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: ~~(1)~~ • liable for any act or omission of any prior lessor (including Landlord); ~~(2)~~ • bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; ~~(3)~~ • bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; ~~(4)~~ • bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s Mortgagee; ~~(5)~~ • subject to the defenses which Tenant might have against any prior lessor (including Landlord); and ~~(6)~~ • subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which ~~(A)~~ are expressly provided in this Lease, ~~(B)~~ relate to periods of time following the acquisition of the Building by Landlord’s Mortgagee, and ~~(C)~~ Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own ~~an interest in~~ fee simple title to the ~~Building~~Project. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan. As used in this Section 12.4, Landlord’s Mortgagee shall include any party succeeding to Landlord’s interest in the Premises, whether by purchase, foreclosure, deed in lieu of foreclosure, power of sale, termination of lease, or otherwise.

Appears in 1 contract

Samples: Lease Agreement (Dicerna Pharmaceuticals Inc)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s 's Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s 's Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including 14 24 Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s 's Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s 's Mortgagee’s 's consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s 's Mortgagee’s 's consent pursuant to the terms of the loan documents between Landlord and Landlord’s 's Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s 's Mortgagee, and (C) Tenant has provided written notice to Landlord’s 's Mortgagee and provided Landlord’s 's Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s 's Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building. Nothing in this Lease shall be construed to require Landlord’s 's Mortgagee to see to the application of the proceeds of any loan, and Tenant’s 's agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Daisytek International Corporation /De/)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not ~~be:~~ be (except as provided otherwise in the SNDA): (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than one (1) month in advance to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any ~~termination,~~ amendment or modification of this Lease which reduces the Base Rent or shortens the Term made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s Mortgagee, and (C) Tenant has provided ~~written notice to~~ Landlord’s Mortgagee the written notice and ~~provided Landlord’s Mortgagee a reasonable opportunity~~ cure rights, if any, described in the SNDA relating to ~~cure the event giving rise to such offset event~~same. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Office Lease Agreement (Kid Brands, Inc)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord), provided, however, that such party shall be obligated to cure all defaults or breaches of this Lease of any prior lessor that are of a continuing nature (e.g., repair and maintenance obligations); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord)) that is not actually received by Landlord’s Mortgagee, and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any ~~termination,~~ amendment or modification of this Lease that has the effect of (i) reducing the Rent owed by Tenant, (ii) shortening or lengthening the Term, (iii) adding to or increasing Tenant’s rights under this Lease, or (iv) materially increasing Landlord’s obligations under this Lease, in each case made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the ~~Building~~ Premises by Landlord’s Mortgagee, and (C) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the ~~Building~~Premises, except for any liability or obligations hereunder that accrue during Landlord’s Mortgagee’s ownership of the Premises. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Advanced Medical Optics Inc)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s 's Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s 's Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s 's Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s 's Mortgagee’s 's consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s 's Mortgagee’s 's consent pursuant to the terms of the loan documents between Landlord and Landlord’s 's Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord)) except as expressly provided for in this Lease; and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s 's Mortgagee, and (C) Tenant has provided written notice to Landlord’s 's Mortgagee and provided Landlord’s 's Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s 's Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building. Nothing in this Lease shall be construed to require Landlord’s 's Mortgagee to see to the application of the proceeds of any loan, and Tenant’s 's agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Art Technology Group Inc)

Landlord’s Mortgagee’s Protection Provisions. If a Landlord’s Mortgagee or any successor in interest thereto shall succeed to the interest of Landlord under this Lease, neither such Landlord’s Mortgagee nor any such successor in interest shall ~~not~~ be: (1) liable for any act or omission of any prior lessor (including Landlord), other than with respect to defaults that continue after Landlord’s Mortgagee or successor-in-interest has succeeded to the interest of Landlord hereunder (and then only with respect to the period of time following such succession); (2) bound by by, or subject to any ~~rent or additional rent or advance rent which~~ offset rights with respect to, any Rent that Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such ~~rent~~ Rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any ~~security~~ Security Deposit or advance rental deposit made by Tenant ~~which~~ that is not delivered or paid over to such Landlord’s Mortgagee or successor in interest and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without such Landlord’s Mortgagee’s consent and written approval, except for the express extension, termination and expansion rights set forth in Exhibits I, J, and K, respectively, and those terminations, amendments and modifications permitted to be made by Landlord without such Landlord’s Mortgagee’s consent pursuant to the terms of the loan and/or lease documents between Landlord and such Landlord’s Mortgagee; (5) subject to the defenses ~~which~~ or counterclaims that Tenant might have against any prior lessor (including Landlord); ~~and~~ (6) subject to the credits or offsets ~~which~~ that Tenant might have against any prior lessor (including Landlord) except for those offset rights ~~which~~ (A) that do not pertain to any Rent that Tenant might have paid for more than the current month to any prior lessor (including Landlord), (B) that are expressly provided in this Lease, (BC) that relate to periods of time following the acquisition of the Building by such Landlord’s ~~Mortgagee~~Mortgagee or successor in interest, and (CD) for which Tenant has provided written notice to such Landlord’s Mortgagee and provided such Landlord’s Mortgagee a reasonable opportunity (up to thirty (30) days) to cure the event giving rise to such offset event; and (7) bound by any covenant to perform (including any covenant to complete) any renovation or construction in the Premises or to pay any sums to Tenant in connection therewith, in either case arising or accruing prior to the date of the conveyance of Landlord’s interest in this Lease. Neither a Landlord’s Mortgagee nor any successor in interest thereto shall have no any liability or responsibility under or pursuant to the terms of this Lease or otherwise prior to the date such Landlord’s Mortgagee or successor in interest succeeds to the interest of Landlord under this Lease or after it such Landlord’s Mortgagee or successor in interest ceases to own an interest in the ~~Building~~Project. Nothing in this Lease shall be construed to require a Landlord’s Mortgagee or successor in interest thereto to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Avalara Inc)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s 's Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s 's Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s 's Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s 's Mortgagee’s 's consent and written ~~approval~~approval (where the name and address of the Landlord's Mortgagee has been provided in writing to Tenant), except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s 's Mortgagee’s 's consent pursuant to the terms of the loan documents between Landlord and Landlord’s 's Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s 's Mortgagee, and (C) Tenant has provided written notice to Landlord’s 's Mortgagee and provided Landlord’s 's Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s 's Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building. Nothing in this Lease shall be construed to require Landlord’s 's Mortgagee to see to the application of the proceeds of any loan, and Tenant’s 's agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (First Consulting Group Inc)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s 's Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s 's Mortgagee shall not be: (1vi) liable for any act or omission of any prior lessor (including Landlord); (2vii) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3viii) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s 's Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4ix) bound by any termination, amendment or modification of this Lease made without Landlord’s 's Mortgagee’s 's consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s 's Mortgagee’s 's consent pursuant to the terms of the loan documents between Landlord and Landlord’s 's Mortgagee; (5x) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6xi) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A1) are expressly provided in this Lease, (B2) relate to periods of time following the acquisition of the Building by Landlord’s 's Mortgagee, and (C3) Tenant has provided written notice to Landlord’s 's Mortgagee and provided Landlord’s 's Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s 's Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the ~~Building~~Project. Nothing in this Lease shall be construed to require Landlord’s 's Mortgagee to see to the application of the proceeds of any loan, and Tenant’s 's agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Cirtran Corp)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, then, subject to the terms of any subordination, non-disturbance and attornment agreement, Landlord’s Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than one (1) month in advance to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s Mortgagee, and (C) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Office Lease Agreement (Cross Country Healthcare Inc)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s 's Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s 's Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s 's Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s 's Mortgagee’s 's consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s 's Mortgagee’s 's consent pursuant to the terms of the loan documents between Landlord and Landlord’s 's Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s 's Mortgagee, and (C) Tenant has provided written notice to Landlord’s 's Mortgagee and provided Landlord’s 's Mortgagee ~~a reasonable~~ an opportunity to cure the event giving rise to such offset ~~event~~event in accordance with the time periods set forth in Section 12.(c) above. Landlord’s 's Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building. Nothing in this Lease shall be construed to require Landlord’s 's Mortgagee to see to the application of the proceeds of any loan, and Tenant’s 's agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Sycamore Networks Inc)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s 's Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s 's Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s 's Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s 's Mortgagee’s 's consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s 's Mortgagee’s 's consent pursuant to the terms of the loan documents between Landlord and Landlord’s 's Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); , and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s 's Mortgagee, and (C) Tenant has provided written notice to Landlord’s 's Mortgagee and provided Landlord’s 's Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s 's Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building. Nothing in this Lease shall be construed to require Landlord’s 's Mortgagee to see to the application of the proceeds of any loan, and Tenant’s 's agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Institutional Equity Holdings Inc /Nv/)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord ~~and~~ an Landlord’s Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s Mortgagee, and (C) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it is ceases to own an interest in the ~~Building~~Project. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Cross Country Healthcare Inc)

Landlord’s Mortgagee’s Protection Provisions. If the Landlord’s Mortgagee shall succeed to the interest of the Landlord under ~~this~~ the Lease, ~~Landlord’s~~ the Mortgagee shall not ~~be:~~ be (1a) liable for any ~~act~~ act, waiver, representation (express or implied), or omission of any prior ~~lessor~~ landlord (~~including~~ the term “prior landlord” as used in this Section includes, without limitation, the Landlord); ) under the Lease or otherwise, other than those acts or omissions relating to conditions that require cure in accordance with Landlord’s obligations under the Lease, or (2b) subject to any offsets, counterclaims, or defenses which the Tenant might have against any prior landlord, other than offsets or defenses arising from acts that require cure in accordance with the Mortgagee’s obligations as the landlord under the Lease and which specifically give rise to express rights of offset under the Lease and which obligations to act accrue from and after the date the Mortgagee acquires the Property by foreclosure or otherwise, or (c) bound by any rent, percentage rent or additional rent or ~~advance rent~~ charges which the Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior ~~lessor~~ landlord, unless Landlord’s Mortgagee shall have actually received such funds, or (~~including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3~~d) bound by any ~~security~~ amendment of the Lease after the date hereof that reduces the area of the Premises, the amount of Basic Rent or ~~advance rental deposit made by Tenant~~ the length of the Term (as such terms are defined in the Lease) without the Mortgagee’s prior written consent, which is consent shall not ~~delivered~~ be unreasonably withheld, conditioned or ~~paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund~~ delayed, or ~~reimbursement;~~ (4e) bound by any ~~termination~~provision in the Lease with respect to any purchase options, ~~amendment~~ rights of first refusal or ~~modification~~ for the purchase of ~~this~~ the Premises, or (f) bound with respect to breaches under the Lease ~~made without~~ other than those occurring and continuing during the Mortgagee’s possession of the Premises or ownership of the landlord’s interest in the Premises for recovery of any judgment from the Mortgagee, it being specifically agreed that neither the Mortgagee nor anyone claiming under the Mortgagee shall ever be personally liable for any such judgment; provided, however, that notwithstanding the foregoing, Mortgagee shall be responsible for performing Landlord’s ~~Mortgagee’s consent~~ obligations under the Lease from and ~~written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant~~ after the date on which the Mortgagee succeeds to the ~~terms~~ interest of the ~~loan documents between Landlord and~~ Landlord’s Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s Mortgagee, and (C) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Spring Bank Pharmaceuticals, Inc.)

Landlord’s Mortgagee’s Protection Provisions. If Subject to the terms of Exhibit I, if Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1I) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than one ~~(1)~~ month in advance to any prior lessor (including Landlord)) which is not delivered or paid over to Landlord’s Mortgagee, and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for ~~those terminations~~any termination by Tenant of this Lease expressly provided for in this Lease, ~~amendments~~ and ~~modifications permitted~~ further, except for any amendment made to ~~be made by Landlord without Landlord’s Mortgagee’s consent pursuant~~ effectuate any renewal, extension or expansion option or right of first refusal set forth in this Lease, or to confirm the Commencement Date or any other date set forth in the Lease, or to confirm the square footage of the Premises and to modify the terms of the ~~loan documents between Landlord and Landlord’s Mortgagee~~Lease to reflect such square footage; (5) subject to any defenses to the ~~defenses~~ performance by Tenant of its obligations under this Lease expressly set forth in this Lease and related to periods of time following the acquisition of the Building by Landlord’s Mortgagee which Tenant might have against any prior lessor (including Landlord), unless the condition of default giving rise to any such defense is ongoing following such date and Tenant has provided written notice to Landlord’s Mortgagee (whether prior to or after Landlord’s Mortgagee succeeding to the interest of Landlord under this Lease) and provided Landlord’s Mortgagee a reasonable opportunity (not to exceed the Landlord’s Mortgagee Cure Period) to cure the event giving rise to such offset event; and (6) subject to ~~the offsets~~ any offsets, abatement or reductions in Rent which Tenant might have against any prior lessor (including Landlord) except for those ~~offset~~ offset, abatement or reduction rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s Mortgagee, and (C) Tenant has provided written notice to Landlord’s Mortgagee (whether prior to or after Landlord’s Mortgagee succeeding to the interest of Landlord under this Lease) and provided Landlord’s Mortgagee a reasonable opportunity (not to exceed the Landlord’s Mortgagee Cure Period) to cure the event giving rise to such offset event~~. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building~~. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Office Lease (BigCommerce Holdings, Inc.)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s 's Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s 's Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance ~~payment~~payment unless such rent is actually received by Landlord's Mortgagee; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s 's Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s 's Mortgagee’s 's consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s 's Mortgagee’s 's consent pursuant to the terms of the loan documents between Landlord and Landlord’s 's Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s 's Mortgagee, and (C) Tenant has provided written notice to Landlord’s 's Mortgagee and provided Landlord’s 's Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s 's Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building. Nothing in this Lease shall be construed to require Landlord’s 's Mortgagee to see to the application of the proceeds of any loan, and Tenant’s 's agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Brooks Automation Inc)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s 's Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s 's Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s 's Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s 's Mortgagee’s 's consent and written approval, . except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s 's Mortgagee’s 's consent pursuant to the terms of the loan documents between Landlord and Landlord’s 's Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord)) except as expressly provided for in this Lease; and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s 's Mortgagee, and (C) Tenant has provided written notice to Landlord’s 's Mortgagee and provided Landlord’s 's Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s 's Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building. Nothing in this Lease shall be construed to require Landlord’s 's Mortgagee to see to the application of the proceeds of any loan, and Tenant’s 's agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Art Technology Group Inc)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than one (1) month in advance to any prior lessor (including Landlord), unless such amounts were actually deposited with Landlord’s Mortgagee, and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by ~~Landlord~~Xxxxxxxx’s Mortgagee, and (C) Tenant has provided written notice to Landlord’s Mortgagee and provided ~~Landlord~~Xxxxxxxx’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and ~~Tenant~~Xxxxxx’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Senti Biosciences, Inc.)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, . Landlord’s Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid ~~for~~ far more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by (i) any ~~termination,~~ amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s Mortgagee, or (ii) any termination of this Lease made by Tenant pursuant to the express terms of this Lease; (5) subject to the defenses which Tenant ~~might~~ mitt’ have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, . (B) relate to periods of time following the acquisition of the Building by Landlord’s Mortgagee, and (~~C) Tenant~~ C)Tenant has provided written notice to Landlord’s Mortgagee and provided ~~Landlord~~Xxxxxxxx’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the ~~Building~~Project. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to ~~see~~ sec to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Orthofix Medical Inc.)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s ~~Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement~~Mortgagee; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, and (B~~) relate to periods of time following the acquisition of the Building by Landlord’s Mortgagee, and (C~~) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event, provided however, the foregoing provisions shall not be applicable to any existing Landlord’s Mortgagee except to the extent such Landlord’s Mortgagee so elects. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise for any matters first arising after it ceases to own an interest in the ~~Building~~Project. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Earthlink Inc)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s 's Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s 's Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s 's Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s 's Mortgagee’s 's consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s 's Mortgagee’s 's consent pursuant to the terms of the loan documents between Landlord and Landlord’s 's Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s 's Mortgagee, and (C) Tenant has provided written notice to Landlord’s 's Mortgagee and provided Landlord’s 's Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s 's Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the ~~Building~~Premises. Nothing in this Lease shall be construed to require Landlord’s 's Mortgagee to see to the application of the proceeds of any loan, and Tenant’s 's agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Luvu Brands, Inc.)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s Mortgagee, and (C) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own ~~an interest in~~ fee simple title to the ~~Building~~Project. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (RetailMeNot, Inc.)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior ~~lessor~~ 1essor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by ~~Landlord~~Xxxxxxxx’s Mortgagee, and (C) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the ~~Building~~Project. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Akoustis Technologies, Inc.)

Landlord’s Mortgagee’s Protection Provisions. If a Landlord’s Mortgagee or any successor in interest thereto shall succeed to the interest of Landlord under this Lease, neither such Landlord’s Mortgagee nor any such successor in interest shall ~~not~~ be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by by, or subject to any ~~rent or additional rent or advance rent which~~ offset rights with respect to, any Rent that Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such ~~rent~~ Rent shall remain due and owing, notwithstanding such advance payment, except to the extent that any such advance payment has been delivered or paid over to such Landlord’s Mortgagee or successor in interest; (3) bound by any ~~security~~ Security Deposit or advance rental deposit made by Tenant ~~which~~ that is not delivered or paid over to such Landlord’s Mortgagee or successor in interest and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without such Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without such Landlord’s Mortgagee’s consent pursuant to the terms of the loan and/or lease documents between Landlord and such Landlord’s Mortgagee; (5) subject to the defenses ~~which~~ or counterclaims that Tenant might have against any prior lessor (including Landlord); ~~and~~ (6) subject to the credits or offsets ~~which~~ that Tenant might have against any prior lessor (including Landlord) except for those offset rights ~~which~~ (A) that do not pertain to any Rent that Tenant might have paid for more than the current month to any prior lessor (including Landlord), (B) that are expressly provided in this Lease, (BC) that relate to periods of time following the acquisition of the Building by such Landlord’s ~~Mortgagee~~Mortgagee or successor in interest, and (CD) for which Tenant has provided written notice to such Landlord’s Mortgagee and provided such Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event; and (7) bound by any covenant to perform (including any covenant to complete) any renovation or construction in the Premises or to pay any sums to Tenant in connection therewith, in either case arising or accruing prior to the date of the conveyance of Landlord’s interest in this Lease. Neither a Landlord’s Mortgagee nor any successor in interest thereto shall have no any liability or responsibility under or pursuant to the terms of this Lease or otherwise prior to the date such Landlord’s Mortgagee or successor in interest succeeds to the interest of Landlord under this Lease or after it such Landlord’s Mortgagee or successor in interest ceases to own an interest in the ~~Building~~Project. Nothing in this Lease shall be construed to require a Landlord’s Mortgagee or successor in interest thereto to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Glu Mobile Inc)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by ~~Landlord~~Xxxxxxxx’s Mortgagee, and (C) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the ~~Building~~Project. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Rocket Companies, Inc.)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than one (1) month in advance to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; or (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement~~; (4) bound~~ . In the event of any act or omission by ~~any termination, amendment or modification~~ Landlord by reason of which Tenant may claim the right to terminate this Lease ~~made without~~ or claim a defense or offset against the Base Rent due hereunder, Tenant agrees not to exercise any such right until: (i) Tenant has notified Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms Mortgagee in writing of the loan documents between Landlord and Landlord’s Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building such act or omission by Landlord~~’s Mortgagee~~, and (Cii) Tenant has ~~provided written notice to Landlord’s Mortgagee and provided~~ given Landlord’s Mortgagee a reasonable opportunity to cure such act or omission, including the ~~event giving rise~~ time as shall be reasonably required to ~~such offset event.~~ obtain possession of the Project and to commence and carry to completion the foreclosure of its Mortgage Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Office Lease Agreement (Triangle Capital CORP)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s 's Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s 's Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord)) (except for acts or omissions of an ongoing nature; (2) bound by any rent or ~~additional rent~~ Additional Rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord) (except any such payment actually delivered to such successor), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s 's Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s 's Mortgagee’s 's consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s 's Mortgagee’s 's consent pursuant to the terms of the loan documents between Landlord and Landlord’s 's Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s 's Mortgagee, and (C) Tenant has provided written notice to Landlord’s 's Mortgagee and provided Landlord’s 's Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Notwithstanding anything to the contrary contained herein, such successor to Landlord shall be bound by Landlord’s obligation to perform (x) repairs, maintenance and replacements required to be made by Landlord under this Lease, and (y) repairs and replacements to the Premises as a result of damage by fire or other casualty or a partial condemnation pursuant to the provisions of this Lease, but only to the extent of Landlord’s obligation under this Lease. Landlord's Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Real Property and the Building. Nothing in this Lease shall be construed to require Landlord’s 's Mortgagee to see to the application of the proceeds of any loan, and Tenant’s 's agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Agreement of Lease (Snap Interactive, Inc)

Landlord’s Mortgagee’s Protection Provisions. If ~~Landlord’s~~ Land -lord's Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s 's Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s 's Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s 's Mortgagee’s 's consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s 's Mortgagee’s 's consent pursuant to the terms of the loan documents between Landlord and Landlord’s 's Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s 's Mortgagee, and (C) Tenant has provided written notice to Landlord’s 's Mortgagee and provided Landlord’s 's Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s 's Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own ~~an interest in~~ fee simple title to the ~~Building~~Project. Nothing in this Lease shall be construed to require Landlord’s 's Mortgagee to see to the application of the proceeds of any loan, and Tenant’s 's agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Red Mountain Resources, Inc.)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s 's Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s 's Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance ~~payment~~payment unless such rent is actually received by Landlord's Mortgagee; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s 's Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s 's Mortgagee’s 's consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s 's Mortgagee’s 's consent pursuant to the terms of the loan documents between Landlord and Landlord’s 's Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s 's Mortgagee, and (C) Tenant has provided written notice to Landlord’s 's Mortgagee and provided Landlord’s 's Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s 's Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building. Nothing in this Lease shall be construed to require Landlord’s 's Mortgagee to see to the application of the proceeds of 26 any loan, and Tenant’s 's agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Brooks Automation Inc)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s 's Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s 's Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made ·by Tenant which is not delivered or paid over to Landlord’s 's Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or ~~modification~~ modifIcation of this Lease made without Landlord’s 's Mortgagee’s 's consent and written approval, except for those terminations, amendments and ~~modifications~~ modifIcations permitted to be made by Landlord without Landlord’s 's Mortgagee’s 's consent pursuant to the terms of the loan documents between Landlord and Landlord’s 's Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except ~~for~~ fo;r those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the ~~Building~~ Buildings by Landlord’s 's Mortgagee, and (C) Tenant has provided written notice to Landlord’s 's Mortgagee and provided Landlord’s 's Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s 's Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the ~~Building~~Complex. Nothing in this Lease shall be construed to require Landlord’s 's Mortgagee to see to the application of the proceeds of any loan, and Tenant’s 's agreements set forth herein shall not be impaired on account of any ~~modification~~ modifIcation of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Ciena Corp)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s 's Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s 's Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and ~~owing,~~ owing notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s 's Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s 's Mortgagee’s 's consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s 's Mortgagee’s 's consent pursuant to the terms of the loan documents between Landlord and Landlord’s 's Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A7) are expressly provided in this Lease, (B) 8) relate to periods of time following the acquisition of the Building by Landlord’s 's Mortgagee, and (C9) Tenant has provided written notice to Landlord’s 's Mortgagee and provided Landlord’s 's Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s 's Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building. Nothing in this Lease shall be construed to require Landlord’s 's Mortgagee to see to the application of the proceeds of any loan, and Tenant’s 's agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Eschelon Telecom Inc)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); provided, however, that such shall not be deemed to permit the repetition or continuation of any such act or omission (or the continuation of a condition from a past act or omission) not otherwise permitted under the Lease; (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s Mortgagee, and (C) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the ~~Building~~Project. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Polarityte, Inc.)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, material amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this ~~Lease,~~ Lease (B) relate to periods of time following the acquisition of the Building by Landlord’s Mortgagee, and (C) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Soaring Eagle Acquisition Corp.)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s 's Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s 's Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord) except to the extent of any offset pursuant to clause (6) of this subsection (d) and except for in connection any maintenance or repair obligations of Landlord under this Lease, if any, for which prior lessor failed to perform and which remain at issue as of the date on which Landlord’s Mortgagee acquires title to the Land, provided that Tenant has given Landlord’s Mortgagee written notice of the same (provided however in no event shall Landlord’s Mortgagee be liable for any damages or liability arising from or in connection with any failure, act or omission of prior Landlord relating to such maintenance or repairs); (2) bound by any ~~rent or additional rent or advance rent~~ Rent which Tenant ~~might have~~ has paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing~~, notwithstanding such advance payment~~; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s 's Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s 's Mortgagee’s 's consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s 's Mortgagee’s 's consent pursuant to the terms of the loan documents between Landlord and Landlord’s 's Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) ~~relate to periods of time following the acquisition of the Building by Landlord’s Mortgagee~~intentionally deleted, and (C) Tenant has provided written notice to Landlord’s 's Mortgagee and provided Landlord’s 's Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s 's Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the ~~Building~~Project. Nothing in this Lease shall be construed to require Landlord’s 's Mortgagee to see to the application of the proceeds of any loan, and Tenant’s 's agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Aeglea BioTherapeutics, Inc.)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s 's Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s 's Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s 's Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s 's Mortgagee’s 's consent and written approval, except for those terminations, amendments and modifications permitted to be made by Tenant or Landlord pursuant to the terms of this Lease or by Landlord without Landlord’s 's Mortgagee’s 's consent pursuant to the terms of the loan documents between Landlord and Landlord’s 's Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s 's Mortgagee, and (C) Tenant has provided written notice to Landlord’s 's Mortgagee and provided Landlord’s 's Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s 's Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the ~~Building~~Project. Nothing in this Lease shall be construed to require Landlord’s 's Mortgagee to see to the application of the proceeds of any loan, and Tenant’s 's agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Taysha Gene Therapies, Inc.)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any ~~rent or additional rent or advance rent~~ Rent which Tenant ~~might have~~ has paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing~~, notwithstanding such advance payment~~; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s Mortgagee, and (C) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the ~~Building~~Project. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Shattuck Labs, Inc.)

Appears in 1 contract

Samples: Office Lease Agreement (Optio Software Inc)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord)) excepting those of a continuing or ongoing nature; (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than one (1) month in advance to any prior lessor (including Landlord)) unless consented to by Landlord’s Mortgagee, and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s Mortgagee, and (C) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset ~~event~~event not to exceed sixty (60) days after the expiration of Landlord’s cure period. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan. Landlord hereby confirms that as of the date of this Lease, there is no mortgage encumbering the Project.

Appears in 1 contract

Samples: Office Lease Agreement (Radiant Systems Inc)

Appears in 1 contract

Samples: Office Lease Agreement (Cray Inc)

Landlord’s Mortgagee’s Protection Provisions. If Subject to any specific agreement by any Landlord Mortgagee to the contrary, if Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid ~~for~~ more than ~~one~~ sixty (160) ~~month~~ days in advance to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s Mortgagee, and (C) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the ~~Building~~Project. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Ariba Inc)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1i) liable for any act or omission of any prior lessor (including Landlord); (2ii) bound by any rent or additional rent (excluding any payments of estimated Additional Rent which exceed actual Additional Rent for the same time period) or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3iii) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4iv) bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s Mortgagee; (5v) subject to the defenses which Tenant might have against any prior lessor (including Landlord) unless Tenant provides Landlord’s Mortgagee with written notice of any such defenses within twenty (20) days after Tenant receives written notice from Landlord’s Mortgagee that Landlord’s Mortgagee intends to commence foreclosure proceedings or accept a deed in lieu of foreclosure due to a default by Landlord under the Mortgage (an “Enforcement Notice”); and (6vi) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, ; (B) relate to periods of time following the acquisition of the ~~Building~~ Project by Landlord’s Mortgagee, ; and (C) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s Mortgagee shall have no liability or and responsibility under or and pursuant to the terms of this Lease for acts or ~~otherwise after it ceases to own~~ omissions that occur during the time that Landlord’s Mortgagee owns an interest in the ~~Building~~Project; but shall have no such liability or responsibility for acts or omissions that occur: (a) before it acquires title to the Project, or (b) after transfers the Project to an unrelated third party. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan. Delivery of the Enforcement Notice to Tenant by Landlord’s Mortgagee shall be a condition precedent to the right of Landlord’s Mortgagee to claim the benefit of Section 12(d)(v) above, but Landlord’s Mortgagee shall not otherwise be required to deliver an Enforcement Notice in order to exercise any rights or remedies under its Mortgage or to claim any other benefits provided by this Lease or this Section 12.

Appears in 1 contract

Samples: Lease Agreement (Online Resources Corp)

Appears in 1 contract

Samples: Industrial Lease Agreement (Heritage Global Inc.)

Landlord’s Mortgagee’s Protection Provisions. If a Landlord’s Mortgagee or any successor in interest thereto shall succeed to the interest of Landlord under this Lease, neither such Landlord’s Mortgagee nor any such successor in interest shall ~~not~~ be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by by, or subject to any ~~rent or additional rent or advance rent which~~ offset rights with respect to, any Rent that Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such ~~rent~~ Rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any ~~security~~ Security Deposit or advance rental deposit made by Tenant ~~which~~ that is not delivered or paid over to such Landlord’s Mortgagee or successor in interest and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without such Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without such Landlord’s Mortgagee’s consent pursuant to the terms of the loan and/or lease documents between Landlord and such Landlord’s Mortgagee; (5) subject to the defenses ~~which~~ or counterclaims that Tenant might have against any prior lessor (including Landlord); ~~and~~ (6) subject to the credits or offsets ~~which~~ that Tenant might have against any prior lessor (including Landlord) except for those offset rights ~~which~~ (A) that do not pertain to any Rent that Tenant might have paid for more than the current month to any prior lessor (including Landlord), (B) that are expressly provided in this Lease, (BC) that relate to periods of time following the acquisition of the Building by such Landlord’s ~~Mortgagee~~Mortgagee or successor in interest, and (CD) for which Tenant has provided written notice to such Landlord’s Mortgagee and provided such Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event; and (7) bound by any covenant to perform (including any covenant to complete) any renovation or construction in the Premises or to pay any sums to Tenant in connection therewith, in either case arising or accruing prior to the date of the conveyance of Landlord’s interest in this Lease. Neither a Landlord’s Mortgagee nor any successor in interest thereto shall have no any liability or responsibility under or pursuant to the terms of this Lease or otherwise prior to the date such Landlord’s Mortgagee or successor in interest succeeds to the interest of Landlord under this Lease or after it such Landlord’s Mortgagee or successor in interest ceases to own an interest in the ~~Building~~Project. Nothing in this Lease shall be construed to require a Landlord’s Mortgagee or successor in interest thereto to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Hipcricket, Inc.)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord), except that Landlord’s Mortgagee shall be obligated to cure any default under this Lease by any prior lessor that is of a continuing nature (e.g., repair and maintenance obligations) and relates to periods of time following the acquisition of the Premises by Landlord’s Mortgagee, provided that Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure such default; (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than one ~~(1)~~ month in advance to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord)) except for those defenses which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Premises by Landlord’s Mortgagee, and (C) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such defense; and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the ~~Building~~ Premises by Landlord’s Mortgagee, and (C) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the ~~Building~~Premises, except for any liability or obligations hereunder that accrue during Landlord’s Mortgagee’s ownership of the Premises and are not assumed by the transferee. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Solyndra, Inc.)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s 's Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s 's Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than one (1) month in advance to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s 's Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (43) bound by any termination, amendment or modification of this Lease made without Landlord’s 's Mortgagee’s 's consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s 's Mortgagee’s 's consent pursuant to the terms of the loan documents between Landlord and Landlord’s 's Mortgagee; (54) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (65) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this ~~Lease,~~ Lease (B) relate to periods of time following the acquisition of the Building by Landlord’s 's Mortgagee, and (C) Tenant has provided written notice to Landlord’s 's Mortgagee and provided Landlord’s 's Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s 's Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building. Nothing in this Lease shall be construed to require Landlord’s 's Mortgagee to see to the application of the proceeds of any loan, and Tenant’s 's agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Satcon Technology Corp)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the applicable Building by Landlord’s Mortgagee, and (C) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own ~~an interest in~~ fee simple title to the ~~Building~~Project. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan. If any conflict exists or arise between the terms of this Section 12.4 and the terms of the mortgagee protection provisions contained in any executed subordination, non-disturbance and attornment agreement, the terms of the mortgagee protection provisions in the executed subordination, non-disturbance and attornment agreement shall prevail. As used in this Section 12.4, Landlord’s Mortgagee shall include any party succeeding to Landlord’s interest in the Premises, whether by purchase, foreclosure, deed in lieu of foreclosure, power of sale, termination of lease, or otherwise.

Appears in 1 contract

Samples: Lease Agreement (Ciena Corp)

Landlord’s Mortgagee’s Protection Provisions. If Subject to the terms of Exhibit J, if Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than one ~~(1)~~ month in advance to any prior lessor (including Landlord)) which is not delivered or paid over to Landlord’s Mortgagee, and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for ~~those terminations~~any termination by Tenant of this Lease expressly provided for in this Lease, ~~amendments~~ and ~~modifications permitted~~ further, except for any amendment made to ~~be made by Landlord without Landlord’s Mortgagee’s consent pursuant~~ effectuate any renewal, extension or expansion option or right of first refusal set forth in this Lease, or to confirm the Commencement Date or any other date set forth in the Lease, or to confirm the square footage of the Premises and to modify the terms of the ~~loan documents between Landlord and Landlord’s Mortgagee~~Lease to reflect such square footage; (5) subject to any defenses to the ~~defenses~~ performance by Tenant of its obligations under this Lease expressly set forth in this Lease and related to periods of time following the acquisition of the Building by Landlord’s Mortgagee which Tenant might have against any prior lessor (including Landlord), unless the condition of default giving rise to any such defense is ongoing following such date and Tenant has provided written notice to Landlord’s Mortgagee (whether prior to or after Landlord’s Mortgagee succeeding to the interest of Landlord under this Lease) and provided Landlord’s Mortgagee a reasonable opportunity (not to exceed the Landlord’s Mortgagee Cure Period) to cure the event giving rise to such offset event; and (6) subject to ~~the offsets~~ any offsets, abatement or reductions in Rent which Tenant might have against any prior lessor (including Landlord) except for those ~~offset~~ offset, abatement or reduction rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s Mortgagee, and (C) Tenant has provided written notice to Landlord’s Mortgagee (whether prior to or after Landlord’s Mortgagee succeeding to the interest of Landlord under this Lease) and provided Landlord’s Mortgagee a reasonable opportunity (not to exceed the Landlord’s Mortgagee Cure Period) to cure the event giving rise to such offset event~~. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building~~. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Office Lease (Sailpoint Technologies Holdings, Inc.)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s 's Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s 's Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s 's Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s 's Mortgagee’s 's consent and written ~~approval,~~ approval except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s 's Mortgagee’s 's consent pursuant to the terms of the loan documents between Landlord and Landlord’s 's Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this ~~Lease~~Lcase, (B) relate to periods of time following the acquisition of the Building by Landlord’s 's Mortgagee, and (C) Tenant has provided written notice to Landlord’s 's Mortgagee and provided Landlord’s 's Mortgagee a reasonable opportunity to cure the event giving rise to such offset ~~event.~~ event Landlord’s 's Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building. Nothing in this Lease shall be construed to require Landlord’s 's Mortgagee to see to the application of the proceeds of any loan, and Tenant’s 's agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Finantra Capital Inc)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s 's Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s 's Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made ·by Tenant which is not delivered or paid over to Landlord’s 's Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or ~~modification~~ modifIcation of this Lease made without Landlord’s 's Mortgagee’s 's consent and written approval, except for those terminations, amendments and ~~modifications~~ modifIcations permitted to be made by Landlord without Landlord’s 's Mortgagee’s 's consent pursuant to the terms of the loan documents between Landlord and Landlord’s 's Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except ~~for~~ fo;r those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the ~~Building~~ Buildings by Landlord’s 's Mortgagee, and (C) Tenant has provided written notice to Landlord’s 's Mortgagee and provided Landlord’s 's Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s 's Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the ~~Building~~Complex. Nothing in this Lease shall be construed to require Landlord’s 's Mortgagee to see to the application of the proceeds of any loan, and Tenant’s 's agreements set forth herein shall not be impaired on account of any ~~modification~~ modifIcation of the documents evidencing and securing any loan.. (e)

Appears in 1 contract

Samples: HTM Lease Agreement

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s 's Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s 's Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s 's Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s 's Mortgagee’s 's consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s 's Mortgagee’s 's consent pursuant to the terms of the loan documents between Landlord and Landlord’s 's Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s 's Mortgagee, and (C) Tenant has provided written notice to Landlord’s 's Mortgagee and provided Landlord’s 's Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. ~~Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building.~~ Nothing in this Lease shall be construed to require Landlord’s 's Mortgagee to see to the application of the proceeds of any loan, and Tenant’s 's agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Aviall Inc)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any ~~termination~~termination (except Tenant’s cancellation right expressly provided in Section 26.6), amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s Mortgagee, and (C) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own ~~an interest in~~ fee simple title to the ~~Building~~Project. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan. If any conflict exists or arise between the terms of this Section 12.4 and the terms of the mortgagee protection provisions contained in any executed subordination, non-disturbance and attornment agreement, the terms of the mortgagee protection provisions in the executed subordination, non-disturbance and attornment agreement shall prevail. As used in this Section 12.4, Landlord’s Mortgagee shall include any party succeeding to Landlord’s interest in the Premises, whether by purchase, foreclosure, deed in lieu of foreclosure, power of sale, termination of lease, or otherwise.

Appears in 1 contract

Samples: Lease Agreement (Ciena Corp)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than one (1) month in advance to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including ~~Landlord); and~~ Landlord);and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s Mortgagee, and (C) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Industrial Lease Agreement (Solid Power, Inc.)

Appears in 1 contract

Samples: Lease Agreement (Mimecast LTD)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s 's -------------------------------------------- Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s 's Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s 's Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s 's Mortgagee’s 's consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s 's Mortgagee’s 's consent pursuant to the terms of the loan documents between Landlord and Landlord~~’s Mortgagee~~'s Mortgagee and except for those terminations permitted to be made by Landlord or Tenant pursuant to the terms and provisions of this Lease; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s 's Mortgagee, and (C) Tenant has provided written notice to Landlord’s 's Mortgagee and provided Landlord’s 's Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s 's Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building. Nothing in this Lease shall be construed to require Landlord’s 's Mortgagee to see to the application of the proceeds of any loan, and Tenant’s 's agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Verisity LTD)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s 's ------------------------------------------------ Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s 's Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including ~~Landlord~~Landlord except to the extent such act or omission constitutes a Landlord Default which is continuing); (2) except to the extent received by Landlord's Mortgagee, bound by any ~~rent or additional rent or advance rent~~ Rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such ~~rent~~ Rent shall remain due and owing, notwithstanding such advance payment; (3) except to the extent received by Landlord's Mortgagee, bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s 's Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or material modification of this Lease made without Landlord’s 's Mortgagee’s 's consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s 's Mortgagee’s 's consent pursuant to the terms of the loan documents between Landlord and Landlord’s 's Mortgagee; and (5) subject to the ~~defenses which Tenant might have against any prior lessor (including Landlord);~~ offset rights and ~~(6) subject to the offsets~~ defenses, which Tenant might have against any prior lessor (including Landlord) except for those offset ~~rights~~ right and defenses which ~~(A)~~ are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s Mortgagee, and (C) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s 's Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building. Nothing in this Lease shall be construed to require Landlord’s 's Mortgagee to see to the application of the proceeds of any loan, and Tenant’s 's agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Dset Corp)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s 's --------------------------------------------- Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s 's Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s 's Mortgagee’s 's consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s 's Mortgagee’s 's consent pursuant to the terms of the loan documents between Landlord and Landlord’s 's Mortgagee; (54) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (65) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s 's Mortgagee, and (C) Tenant has provided written notice to Landlord’s 's Mortgagee and provided Landlord’s 's Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s 's Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building. Nothing in this Lease shall be construed to require Landlord’s 's Mortgagee to see to the application of the proceeds of any loan, and Tenant’s 's agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord), except for payment of the Construction Allowance if not paid by Landlord; (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s Mortgagee, and (C) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. ~~Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building.~~ Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Omega Protein Corp)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s 's Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s 's Mortgagee shall not be: (1i) liable for any act or omission of any prior lessor (including Landlord); (2ii) bound by any ~~rent~~ Rent or additional ~~rent~~ Rent or advance ~~rent~~ Rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such ~~rent~~ Rent shall remain due and owing, notwithstanding such advance payment; (3iii) bound by any security or advance ~~rental~~ Rental deposit made by Tenant which is not delivered or paid over to Landlord’s 's Mortgagee and with respect to which Tenant ~~shall~~ shill look solely to Landlord for refund or reimbursement; (4iv) bound by any termination, amendment or modification of this Lease made without Landlord’s 's Mortgagee’s 's consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s 's Mortgagee’s 's consent pursuant to the terms of the loan documents between Landlord and Landlord’s 's Mortgagee; (5v) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6vi) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (Avii) are expressly provided in this Lease, (Bviii) relate to periods of time following the acquisition of the ~~Building~~ Premises by Landlord’s 's. Mortgagee, and (Cix) Tenant has provided written notice to Landlord’s 's Mortgagee and provided Landlord’s 's Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s 's Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the ~~Building~~Premises. Nothing in this Lease shall be construed to require Landlord’s 's Mortgagee to see to the application of the proceeds of any loan, and Tenant’s 's agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Sequenom Inc)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s 's Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s 's Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than one (1) month in advance to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s 's Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s 's Mortgagee’s 's consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s 's Mortgagee’s 's consent pursuant to the terms of the loan documents between Landlord and Landlord’s 's Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s 's Mortgagee, and (C) Tenant has provided written notice to Landlord’s 's Mortgagee and provided Landlord’s 's Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s 's Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building. Nothing in this Lease shall be construed to require Landlord’s 's Mortgagee to see to the application of the proceeds of any loan, and Tenant’s 's agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Office Lease Agreement (Zix Corp)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s ~~Mortgagee~~ mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s ~~Mortgagee~~ mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord), it being understood, however, that the foregoing is not intended to relieve such mortgagee of any liability arising by reason of its acts or omissions from and after the date it succeeds to the interests of the Landlord, including a continuation of the failure of the prior Landlord to perform its obligations under the Lease, in which case the mortgagee shall have a reasonable period of time to remedy same; (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than one (1) month in advance to any prior lessor (including Landlord), other than the payments of Additional Rent that Tenant is required to make to Landlord pursuant to this Lease, and any other prepayments required under this Lease; and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s ~~Mortgagee~~ mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s ~~Mortgagee~~mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s ~~Mortgagee~~mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s ~~Mortgagee~~mortgagee, and except for written instruments which merely confirm rights and obligations already set forth in this Lease (including, without limitation, Tenant’s rights under Exhibit E), and except for communications between Landlord and Tenant of an administrative nature relating to the ordinary course of operation or tenancy of the Premises, the Building or the Project; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord)) except to the extent Tenant independently has such defenses against the mortgagee; and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s ~~Mortgagee~~mortgagee, and (C) Tenant has provided written notice to Landlord’s ~~Mortgagee~~ mortgagee and provided Landlord’s ~~Mortgagee~~ mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s ~~Mortgagee~~ mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building. Nothing in this Lease shall be construed to require Landlord’s ~~Mortgagee~~ mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Terms of Lease (Intervoice Inc)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1i) liable for any act or omission of any prior lessor (including Landlord); (2ii) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3iii) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4iv) bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the ~~loan~~ documents between Landlord and Landlord’s Mortgagee (and this provision shall not be construed to require the Mortgagee’s consent to any exercise of any right of Tenant as expressly set forth in this Lease and in accordance herewith, and any amendment to this Lease documenting such exercise); (5v) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6vi) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (Aa) are expressly provided in this Lease, (Bb) relate to periods of time following the acquisition of the Building by Landlord’s Mortgagee, and (Cc) Tenant has provided written notice to Landlord’s Mortgagee (whose address has been provided to Tenant) and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease for obligations arising under this Lease or otherwise after it ceases to own ~~an interest in~~ fee simple title to the ~~Building~~Project. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan. As used in this Section 18.4, Landlord’s Mortgagee shall include any party succeeding to Landlord’s interest in the Premises, whether by purchase, foreclosure, deed in lieu of foreclosure, power of sale, termination of lease, or otherwise.

Appears in 1 contract

Samples: Office Lease (Snowflake Inc.)

Landlord’s Mortgagee’s Protection Provisions. If Landlord’s 's -------------------------------------------- Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s 's Mortgagee shall not be: (1) liable for any act or omission of any prior lessor (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than ~~one (1)~~ the current month ~~in advance~~ to any prior lessor (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s 's Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (4) bound by any termination, amendment or modification of this Lease made without Landlord’s 's Mortgagee’s 's consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s 's Mortgagee’s 's consent pursuant to the terms of the loan documents between Landlord and Landlord’s 's Mortgagee; (5) subject to the defenses which Tenant might have against any prior lessor (including Landlord); and (6) subject to the offsets which Tenant might have against any prior lessor (including Landlord) except for those offset rights which (A) are expressly provided in this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s 's Mortgagee, and (C) Tenant has provided written notice to Landlord’s 's Mortgagee and provided Landlord’s 's Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s 's Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building. Nothing in this Lease shall be construed to require Landlord’s 's Mortgagee to see to the application of the proceeds of any loan, and Tenant’s 's agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Appears in 1 contract

Samples: Lease Agreement (Tenfold Corp /Ut)

Common use of Landlord’s Mortgagee’s Protection Provisions Clause in Contracts