Common use of Landlord’s Title Clause in Contracts

Landlord’s Title. 13.1 If the Premises or any part thereof is condemned or declared unfit for public use by any competent body, the Landlord shall be entitled to terminate this Lease by notice in writing to the Tenant. 13.2 The Landlord and the Tenant agree to co-operate with the other in respect of any expropriation of all or any part of the Premises, so that each may receive the maximum award in the case of any expropriation to which they are respectively entitled at law. 13.3 The Landlord, at any time and from time to time, may sell, transfer, lease, assign or otherwise dispose of the whole or any part of its interest in the Premises or any part thereof or enter into a mortgage of the whole or any part of its interest In the Premises and upon any party acquiring the interest of the Landlord to the [TEXT CUT OFF] be released from all of its [TEXT CUT OFF] 13.4 This Lease and all rights of the Tenant under this Lease are subject and subordinate to all mortgages now or hereafter made by the Landlord, except that the holder of any such mortgage may subordinate and postpone such mortgage to this Lease at any time by an instrument in writing to such effect registered against the title to the Premises without any further consent or agreement of the Tenant. The Tenant, if so requested, shall attorn to such mortgagee when such mortgagee takes possession of the Premises and to any purchaser of the Premises and shall recognize such mortgagee or purchaser as the Landlord under this Lease. 13.5 The Tenant shall, at its own expense, immediately discharge or vacate all construction, mechanics' or other liens or executions that may be filed during the Term against this Lease, the Premises or any part thereof with respect to any work or services performed or goods or material furnished at the request of, for, or on behalf of, the Tenant. 13.6 The Tenant shall not register this Lease or any part thereof but may register, with the prior approval of the Landlord, a notice or caveat in respect thereof, which notice or caveat shall disclose only the existence and Term of this Lease and such other non-financial terms as the Landlord may approve.

Appears in 1 contract

Samples: Lease Agreement (Lower Road Associates LLC)

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Landlord’s Title. 13.1 If the Premises or any part thereof is condemned or declared unfit for public use by any competent body, the Landlord shall be entitled to terminate this Lease by notice in writing to the Tenant. 13.2 The Landlord and the Tenant agree to co-operate with the other in respect of any expropriation of all or any part of the Premises, so that each may receive the maximum award in the case of any expropriation to which they are respectively entitled at law. 13.3 The Landlord, at any time and from time to time, may sell, transfer, lease, assign or otherwise dispose of the whole or any part of its interest in the Premises or any part thereof or enter into a mortgage of the whole or any part of its interest In in the Premises and upon any party acquiring the interest of the Landlord to the [TEXT CUT OFF] Premises, the Landlord shall thereupon be released from all of its [TEXT CUT OFF]covenants under this Lease. 13.4 This Provided that the Tenant receives a non-disturbance agreement on terms reasonably satisfactory to it from each mortgagee of the Premises, this Lease and all rights of the Tenant under this Lease are subject and subordinate to all mortgages now or hereafter made by the Landlord, except that the holder of any such mortgage may subordinate and postpone such mortgage to this Lease at any time by an instrument in writing to such effect registered against the title to the Premises without any further consent or agreement of the Tenant. The Tenant, if so requested, shall attorn to such mortgagee when such mortgagee takes possession of the Premises and to any purchaser of the Premises and shall recognize such mortgagee or purchaser as the Landlord under this Lease. 13.5 The Tenant shall, at its own expense, immediately discharge or vacate all construction, mechanics' or other liens or executions that may be filed during the Term against this Lease, the Premises or any part thereof with respect to any work or services performed or goods or material furnished at the request of, for, or on behalf of, the Tenant. 13.6 The Tenant shall not register this Lease or any part thereof but may register, with the prior approval of the Landlord, a notice or caveat in respect thereof, which notice or caveat shall disclose only the existence and Term of this Lease and such other non-financial terms as the Landlord may approve.

Appears in 1 contract

Samples: Lease Amendment (Rosedale Decorative Products LTD)

Landlord’s Title. 13.1 If Landlord further covenants, represents and warrants that as of the Premises Commencement Date it shall be seized of an indefeasible estate in fee simple and have a good and marketable title to the land described in Exhibit A, free and clear of any liens, encumbrances, restrictions and --------- violations (or any part thereof is condemned claims or declared unfit notices hereof), except for public use the items listed on Exhibit ------- E (the "Permitted Encumbrances") or, in the event no title commitment has been - obtained and reviewed by any competent bodyLandlord and Tenant prior to Lease execution, the Landlord Permitted Encumbrances shall be entitled those shown on Exhibit E and the additional matters which are subsequently agreed to terminate this Lease by notice in writing Landlord and Tenant prior to Closing of the purchase of the Land. Landlord shall, without expense to Tenant and prior to the Tenant. 13.2 The commencement of Landlord's Improvements, furnish to Tenant (i) a copy of a current title policy issued to Landlord and the Tenant agree to co-operate with the other in respect of any expropriation of all or any part evidencing that Landlord's title is as herein represented, (ii) an ALTA survey certified by a licensed surveyor of the Premisesland described in Exhibit A evidencing, so among other matters, that each may receive the maximum award in Demised --------- Premises depicted on Exhibit B are within the case of any expropriation to which they are respectively entitled at law. 13.3 The Landlord, at any time and from time to time, may sell, transfer, lease, assign or otherwise dispose bounds of the whole or any part of its interest property described --------- in the Premises or any part thereof or enter into a mortgage of the whole or any part of its interest In the Premises Exhibit A, and upon any party acquiring the interest of the Landlord to the [TEXT CUT OFF] be released from all of its [TEXT CUT OFF] 13.4 This Lease and all rights of the Tenant under this Lease are subject and subordinate to all mortgages now or hereafter made (iii) an agreement executed by the Landlord, except that the holder of any mortgage lien --------- or deed of trust encumbering the Demised Premises wherein such mortgage may subordinate and postpone such mortgage holder shall consent to this Lease at any time by an instrument and warrant that Tenant's possession and right of use under this Lease in writing to such effect registered against the title and to the Demised Premises without shall not be disturbed by such holder and such holder shall comply with all of its obligations under the Lease unless and until Tenant shall breach any further consent or agreement of the Tenant. The Tenant, if so requested, shall attorn to such mortgagee when such mortgagee takes possession of the Premises provisions hereof and to any purchaser of the Premises and shall recognize such mortgagee or purchaser as the Landlord under this Lease. 13.5 The Tenant shall, at its own expense, immediately discharge or vacate all construction, mechanics' or other liens or executions that may be filed during the Term against this Lease, the Premises or any part thereof with respect to any work or services performed or goods or material furnished at the request of, for, or on behalf of, the Tenant. 13.6 The Tenant shall not register this Lease or any part thereof but may register, Tenant's right to possession hereunder shall have been terminated in accordance with the prior approval of the Landlord, a notice or caveat in respect thereof, which notice or caveat shall disclose only the existence and Term provisions of this Lease and such other non-financial terms Lease. Provided Tenant is not in default beyond the period allowed for cure herein, Landlord grants to Tenant, as the long as Metris Direct, Inc. or an affiliated company is Tenant, to act on behalf of Landlord may approveunder those certain Declarations listed as item 5 on Exhibit E attached hereto.

Appears in 1 contract

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

Landlord’s Title. 13.1 If the Premises Building or any part thereof of the Building is condemned or declared unfit for public use by any competent body, the Landlord shall be entitled to terminate this Lease by notice in writing to the Tenant. 13.2 The Landlord and the Tenant agree to co-operate with the other in Free-Standing, Industrial - May, 1994 respect of any expropriation of all or any part of the Premises, so that each may receive the maximum award in the case of any expropriation to which they are respectively entitled at law. 13.3 The Landlord, at any time and from time to time, may sell, transfer, lease, assign or otherwise dispose of the whole or any part of its interest in the Premises or any part thereof or enter into a mortgage of the whole or any part of its interest In in the Premises and upon any party acquiring the interest of the Landlord to the [TEXT CUT OFF] Building, the Landlord shall thereupon be released from all of its [TEXT CUT OFF]covenants under this Lease. 13.4 This Provided that the Tenant receives a non-disturbance agreement on terms reasonably satisfactory to it from each mortgagee of the Premises, this Lease and all rights of the Tenant under this Lease are subject and subordinate to all mortgages now or hereafter made by the Landlord, except that the holder of any such mortgage may subordinate and postpone such mortgage to this Lease at any time by an instrument in writing to such effect registered against the title to the Premises without any further consent or agreement of the Tenant. The Tenant, if so requested, shall attorn to such mortgagee when such mortgagee takes possession of the Premises and to any purchaser of the Premises and shall recognize such mortgagee or purchaser as the Landlord under this Lease. 13.5 The Tenant shall, at its own expense, immediately discharge or vacate all construction, mechanics' or other liens or executions that may be filed during the Term against this Lease, the Premises or any part thereof with respect to any work or services performed or goods or material furnished at the request of, for, or on behalf of, the Tenant. 13.6 The Tenant shall not register this Lease or any part thereof but may register, with the prior approval of the Landlord, a notice or caveat in respect thereof, which notice or caveat shall disclose only the existence and Term of this Lease and such other non-financial terms as the Landlord may approve.

Appears in 1 contract

Samples: Lease Agreement (Rosedale Decorative Products LTD)

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Landlord’s Title. 13.1 If The Lot is currently a portion of a separate taxable parcel of Land (the Premises or any part thereof "Land") and Landlord is condemned or declared unfit for public use by any competent bodyin the process of subdividing the Land so as to, INTER ALIA, establish the Lot as a separate taxable parcel and establish easements which benefit and/or burden the Lot and the premises demised pursuant to the Phase I Lease (collectively, the "Subdivision"). In connection therewith, Landlord shall, on or before ninety (90) days after the date hereof, obtain, file and record (i) a partial release of the Lot from Sun America Life Insurance Company (the "Mortgagee") of the Mortgage, Security Agreement, Fixture Filing, Financing Statement and Assignment of Leases and Rents dated July 29, 1998 (the "Mortgage") or (ii) a Subordination, Nondisturbance and Attornment Agreement from the Mortgagee substantially in the form delivered to Tenant in connection with the Phase I Lease. Landlord represents and warrants that except for the Mortgage, currently there is no other mortgage on the Premises. Upon obtaining such partial release, Landlord intends to convey the Lot and assign this Lease to an entity owned and controlled by Landlord (the "Transfer"). Tenant agrees to cooperate with Landlord in connection with such Subdivision and Transfer, including without limitation, the execution, acknowledgment and delivery of an instrument pursuant to which this Lease shall be entitled subordinated to terminate this Lease by notice easements reasonably established in writing to the Tenant. 13.2 The Landlord and the Tenant agree to co-operate connection with the other in respect of any expropriation of all or any part of the Premises, so that each may receive the maximum award in the case of any expropriation to which they are respectively entitled at law. 13.3 The Landlord, at any time Subdivision and from time to time, may sell, transfer, lease, assign or otherwise dispose of the whole or any part of its interest in the Premises or any part thereof or enter into a mortgage of the whole or any part of its interest In the Premises and upon any party acquiring the interest of the Landlord to the [TEXT CUT OFF] be released from all of its [TEXT CUT OFF] 13.4 This Lease and all rights of the Tenant under this Lease are subject and subordinate to all mortgages now or hereafter made by the Landlord, except that the holder of any such mortgage may subordinate and postpone such mortgage to this Lease at any time by an instrument in writing to such effect registered against the title to the Premises without any further consent or agreement of the Tenant. The Tenant, if so requested, shall attorn to such mortgagee when such mortgagee takes possession of the Premises and to any purchaser of the Premises and shall recognize such mortgagee or purchaser as the Landlord under this Lease. 13.5 The Tenant shall, at its own expense, immediately discharge or vacate all construction, mechanics' or other liens or executions that may be filed during the Term against this Lease, the Premises or any part thereof with respect to any work or services performed or goods or material furnished at the request of, for, or on behalf of, the Tenant. 13.6 The Tenant shall not register this Lease or any part thereof but may register, with the prior approval of the Landlord, a notice or caveat in respect thereof, which notice or caveat shall disclose only the existence and Term of this Lease Transfer and such other non-financial terms documents as Landlord reasonably may request. In connection with the Subdivision and Transfer, Landlord shall deliver to Tenant an easement plan (the "Plan"), which Plan shall be attached hereto as Exhibit A and which Plan shall show, INTER ALIA, the Lot and an area or areas between the Building and the Phase I Building within which Interconnections may approvebe made.

Appears in 1 contract

Samples: Lease Agreement (Vertex Pharmaceuticals Inc / Ma)

Landlord’s Title. 13.1 If the Premises Building or any part thereof of the Building is condemned or declared unfit for public use by any competent body, the Landlord shall be entitled to terminate this Lease by notice in writing to the Tenant. 13.2 The Landlord and the Tenant agree to co-operate with the other in respect of any expropriation of all or any part of the PremisesPremises or the Building, so that each may receive the maximum award in the case of any expropriation to which they are respectively entitled at law. In the event that any portion of the Common Areas is expropriated, then the full proceeds accruing or awarded as a result thereof will belong solely to the Landlord and the Tenant will abandon or assign to the Landlord any rights which the Tenant may have or acquire by operation of law to such proceeds or award and will execute all such documents as in the opinion of the Landlord are necessary to give effect to this intention. 13.3 The Landlord, at any time and from time to time, may sell, transfer, lease, assign or otherwise dispose of the whole or any part of its interest in the Premises or any part thereof Building and the Common Areas or enter into a mortgage of the whole or any part of its interest In the Premises in same, and upon any party acquiring the interest of the Landlord to the [TEXT CUT OFF] Building and the Common Areas, the Landlord shall thereupon be released from all of its [TEXT CUT OFF]covenants under this Lease. 13.4 This Lease and all rights of the Tenant under this Lease are shall be subject and subordinate to all mortgages Mortgages now or hereafter made by the Landlord, except that and the holder of any such mortgage may Mortgage shall have the further right to subordinate and postpone such mortgage Mortgage to this Lease at any time by an instrument in writing to such effect registered against the title to the Premises Building and the Common Areas without any further consent or agreement of the Tenant. Notwithstanding the foregoing, the Tenant shall execute any documentation requested by the Landlord or the holder of a Mortgage to give effect to the foregoing. The Tenant, if so requested, shall attorn in writing to such mortgagee Mortgagee when such mortgagee Mortgages takes possession of the Premises Building and to any purchaser of the Premises Building and shall recognize such mortgagee Mortgagee or purchaser as the Landlord under this Lease. 13.5 The Tenant shall, at its own expense, immediately discharge or vacate all construction, mechanics' or other liens or executions that may be filed during the Term against this Lease, the Premises Building or any part thereof the Common Areas with respect to any work or services performed or goods or material furnished at the request of, for, or on behalf of, the TenantTenant Nothing in this Section 13.5 shall be deemed to prevent the Tenant from contesting in good faith and in accordance with the appropriate law the amount or the validity of any claim by any workers or material suppliers of the Tenant so long as it discharges or vacates any liens or provides the Landlord with reasonably adequate security with respect to such liens. 13.6 The Tenant shall not register this Lease lease or any part thereof but may register, with the prior approval of the Landlord, a notice or caveat in respect thereof, which notice or caveat shall disclose only the existence and Term of this Lease and such other non-financial terms as the Landlord may approve. 13.7 The Landlord reserves the right, at any time, to alter, expand, improve, diminish, maintain, operate, renovate and supervise the Common Areas including the Building. The Landlord shall be entitled to change the area, location and arrangement of and do and perform such other acts and things with respect to the Common Areas as the Landlord determines to be advisable including, without limitation, altering or expanding the Building, altering or constructing other buildings or improvements in or about the Common Areas or making additions or subtractions to the Building. 13.8 It is a condition of this Lease that the provisions of the Planning Act (Ontario) or any successor thereto (the "Act") relating to the subdivision of land shall be complied with to the extent that same are applicable. Should any consent be required, it shall be obtained by and at the expense of the Tenant (provided that the Landlord may elect to obtain same) and, until such time as any necessary consent is so obtained, the Terra (including any extension or renewal) and the Tenant’s rights and entitlement granted by this Lease shall be deemed not to extend beyond a period of twenty-one (21) years less one (1) day from the Commencement Date.

Appears in 1 contract

Samples: Lease Agreement (CannTrust Holdings Inc.)

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