Common use of Lease Enforcement Clause in Contracts

Lease Enforcement. Subject to the provisions of Section 13.3 above, prior to the Closing Date, Seller shall have the right, but not the obligation (except to the extent that Seller's failure to act shall constitute a waiver of such rights or remedies), to enforce the rights and remedies of the landlord under any Lease or New Lease, by summary proceedings or otherwise, and to apply all or any portion of any security deposits then held by Seller toward any loss or damage incurred by Seller by reason of any defaults by tenants.

Appears in 5 contracts

Samples: Purchase and Sale Agreement (Prudential Acquisition Fund I Lp), Purchase and Sale Agreement (CBL & Associates Properties Inc), Purchase and Sale Agreement (Mack Cali Realty Corp)

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Lease Enforcement. Subject to the provisions of Section 13.3 above, prior Prior to the Closing Date, Seller shall have the right, but not the obligation (except to the extent that Seller's failure to act shall constitute a waiver of such rights or remedies)obligation, to enforce the rights and remedies of the landlord under any Existing Lease or New Lease, by summary proceedings or otherwise, and to apply all or any portion of any security deposits deposit then held by Seller toward any loss or damage incurred by Seller by reason of any defaults by tenants, and the exercise of any such rights or remedies shall not affect the obligations of Purchaser under this Agreement in any manner.

Appears in 3 contracts

Samples: Agreement of Purchase and Sale and Joint Escrow Instructions (Cornerstone Realty Fund LLC), Agreement of Purchase and Sale and Joint Escrow Instructions (Cornerstone Core Properties REIT, Inc.), Agreement of Purchase and Sale (Northfield Laboratories Inc /De/)

Lease Enforcement. Subject to the provisions of Section 13.3 8.1 above, prior to the Closing Date, Seller shall have the right, but not the obligation (except to the extent that Seller's ’s failure to act shall constitute a waiver of such rights or remedies), to enforce the rights and remedies of the landlord under any Pre-Effective Date Lease or New Lease, by summary proceedings or otherwise, and to apply all or any portion of any security deposits then held by Seller toward any loss or damage incurred by Seller by reason of any defaults by tenants.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Inland American Real Estate Trust, Inc.)

Lease Enforcement. Subject to the provisions of Section 13.3 SECTION 13.2 above, prior to the Closing Date, Seller shall have the right, but not the obligation (except to the extent that Seller's failure to act shall constitute a waiver of such rights or remedies), to enforce the rights and remedies of the landlord under any Lease or New Lease, by summary proceedings or otherwise, and to apply all or any portion of any security deposits then held by Seller toward any loss or damage incurred by Seller by reason of any defaults by tenants.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Meridian Industrial Trust Inc)

Lease Enforcement. Subject to the provisions of Section 13.3 above, prior Prior to the Closing Date, Seller shall have the right, but not the obligation (except to the extent that the Seller's ’s failure to act shall constitute a waiver of such rights or remedies), to enforce the rights and remedies of the landlord under any Lease or New Lease, by summary proceedings or otherwise, . Seller represents that none of the tenants under the Leases are required to provide security deposits and to apply all or any portion that Seller is not in possession of any funds representing security deposits then held by Seller toward any loss or damage incurred by Seller by reason of any defaults by tenantsdeposits.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Omni Financial Services, Inc.)

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Lease Enforcement. Subject to the provisions of Section 13.3 above7.1, prior to the Closing Date, Seller shall have the right, but not the obligation (except to the extent that Seller's failure to act shall constitute a waiver of such rights or remedies)obligation, to enforce the rights and remedies of the landlord under any Lease or New the Existing Lease, by summary proceedings or otherwise, and to apply all or any portion of any security deposits then held by Seller toward any loss or damage incurred by Seller by reason of any defaults by tenantsTenant.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Brandywine Realty Trust)

Lease Enforcement. Subject to the provisions of Section 13.3 above, prior Prior to the Closing Date, subject to Section 10.3, Seller shall have the right, but not the obligation (except to the extent that Seller's failure to act shall constitute a waiver of such rights or remedies)obligation, to enforce the rights and remedies of the landlord under any Existing Lease or New Lease, by summary proceedings or otherwise, and to apply all or any portion of any security deposits deposit then held by Seller toward any loss or damage incurred by Seller by reason of any defaults by tenants, and the exercise of any such rights or remedies shall not affect the obligations of Purchaser under this Agreement in any manner.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Hines Real Estate Investment Trust Inc)

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