Common use of Lender’s Rights and Obligations Clause in Contracts

Lender’s Rights and Obligations. a. Except as expressly provided for in this Agreement, Lender shall have no obligations to Tenant with respect to the Lease. If an attornment occurs pursuant to this Agreement, then all rights and obligations of Lender under this Agreement shall terminate, without thereby affecting in any way the rights and obligations of Successor Landlord provided for in this Agreement. b. Neither this Agreement, the Security Instrument or any of the related loan documents, nor the Lease shall, prior to any acquisition of Landlord’s Premises by Lender, operate to give rise to or create any responsibility or liability for the control, care, management or repair of the Landlord’s Premises upon the Lender, or impose responsibility for the carrying out by Lender of any of the covenants, terms or conditions of the Lease, nor shall said instruments operate to make Lender responsible or liable for any waste committed on the Landlord’s Premises by any party whatsoever, or for dangerous or defective conditions of the Landlord’s Premises, or for any negligence in the management, upkeep, repair or control of the Landlord’s Premises, which may result in loss, injury or death to Tenant, or to any tenant, licensee, invitee, guest, employee, agent or stranger. c. Lender may assign to any person or entity its interest under the Security Instrument and/or the related loan documents, without notice to, the consent of, or assumption of any liability to, any other party hereto. In the event Lender becomes the Successor Landlord, Lender may assign to any other party its interest as the Successor Landlord without the consent of any other party hereto.

Lender’s Rights and Obligations. a. Except as expressly provided for in this Agreement, Lender shall have no obligations to Tenant with respect to the Lease. If an attornment occurs pursuant to this Agreement, then all rights and obligations of Lender under this Agreement shall terminate, without thereby affecting in any way the rights and obligations of Successor Landlord provided for in this Agreement. b. Neither this Agreement, the Security Instrument or any of the related loan documents, nor the Lease shall, prior to any acquisition of Landlord’s Premises by Lender, operate to give rise to or create any responsibility or liability for the control, care, management or repair of the Landlord’s Premises upon the Lender, or impose responsibility for the carrying out by Lender of any of the covenants, terms or conditions of the Lease, nor shall said instruments operate to make Lender responsible or liable for any waste committed on the Landlord’s Premises by any party whatsoeverwhatsoever (unless such waste is caused by or attributable to the negligent acts or omissions or willful misconduct of Lender or any of Lender’s employees, agents, contractors or licensees (each a “Lender Party”)) or for dangerous or defective conditions of the Landlord’s Premises, or for any negligence in the management, upkeep, repair or control of the Landlord’s Premises, which may result in loss, injury or death to Tenant, or to any tenant, licensee, invitee, guest, employee, agent or strangerstranger (unless such loss, injury or death is caused by or attributable to the negligent acts or omissions or willful misconduct of a Lender Party. c. Lender may assign to any person or entity its interest under the Security Instrument and/or the related loan documents, without notice to, the consent of, or assumption of any liability to, any other party hereto. In the event Lender becomes the Successor Landlord, Lender may assign to any other party its interest as the Successor Landlord without the consent of any other party hereto.

Lender’s Rights and Obligations. a. (a) Except as expressly provided for in this Agreement, Lender shall have no obligations to Tenant with respect to the Lease. If Successor Landlord takes title to Landlord's Premises and an attornment occurs pursuant to this Agreement, then all rights and obligations of Lender under this Agreement shall terminate, without thereby affecting in any way the rights and obligations of Successor Landlord provided for in this Agreement. b. (b) Neither this Agreement, the Security Instrument Mortgage or any of the related loan documents, nor the Lease shall, prior to any acquisition of Landlord’s 's Premises by Lender, operate to give rise to or create any responsibility or liability for the control, care, management or repair of the Landlord’s 's Premises upon the Lender, or impose responsibility for the carrying out by Lender of any of the covenants, terms or conditions of the Lease, nor shall said instruments operate to make Lender responsible or liable for any waste committed on the Landlord’s 's Premises by any party whatsoever, or for dangerous or defective conditions of the Landlord’s 's Premises, or for any negligence in the management, upkeep, repair or control of the Landlord’s 's Premises, which may result in loss, injury or death to Tenant, or to any tenant, licensee, invitee, guest, employee, agent or stranger. c. (c) Lender may assign to any person or entity its interest under the Security Instrument Mortgage and/or the related loan documents, without notice to, the consent of, or assumption of any liability to, any other party hereto. In the event Lender becomes the Successor Landlord, Lender may assign to any other party its interest as the Successor Landlord without notice to, the consent of, or assumption of any liability to, any other party hereto. Notwithstanding the foregoing provisions of this Section 9.5(c), unless Tenant has received written notice of any such assignment of Lender's or Successor Landlord's interest, Tenant shall not be bound to any assignee under any provision in this Agreement to requiring Tenant to provide notice to Lender or Successor Landlord, but Tenant shall still be required to provide notice to the previous Lender under any such provision. (d) Within twenty (20) days following Lender's receipt of the final written amendment or modification to the Lease agreed to by Landlord and Tenant, a request for Lender's consent thereto and any and all information and documentation related thereto reasonably requested by Lender, Lender shall either (i) grant such consent or (ii) advise Landlord and Tenant of the basis for Lender's reasonable denial of such consent.

Lender’s Rights and Obligations. a. Except as expressly provided for in this Agreement, Agreement Lender shall have no obligations to Tenant with respect to the Lease. If an attornment to a Successor Landlord occurs pursuant to this Agreement, then all rights and obligations of Lender under this Agreement shall terminate, without thereby affecting in any way the rights and obligations of Successor Landlord provided for in this Agreement. b. Neither this Agreement, the Security Instrument or any of the related loan documents, nor the Lease shall, prior to any acquisition of Landlord’s 's Premises by Lender, operate to give rise to or create any responsibility or liability for the control, care, management or repair of the Landlord’s 's Premises upon the Lender, or impose responsibility for the carrying out by Lender of any of the covenants, terms or conditions of the Lease, nor shall said instruments operate to make Lender responsible or liable for any waste committed on the Landlord’s 's Premises by any party whatsoever, or for dangerous or defective conditions of the Landlord’s 's Premises, or for any negligence in the management, upkeep, repair or control of the Landlord’s 's Premises, which may result in loss, injury or death to Tenant, or to any tenant, licensee, invitee, guest, employee, agent or stranger. c. Lender may assign to any person or entity its interest under the Security Instrument and/or the related loan documents, without notice to, the consent of, or assumption of any liability to, any other party hereto. In the event Lender becomes the Successor Landlord, Lender may assign to any other party its interest as the Successor Landlord without the consent of any other party hereto.

Lender’s Rights and Obligations. a. Except as expressly provided for in this AgreementIf Lender exercises any of its rights under the Security Documents, or if Lender shall have no obligations to Tenant with respect succeed to the interest of Landlord under the Lease. If an attornment occurs pursuant to this Agreement, or if any Purchaser acquires the Security Documents, the Property, or the Premises, then all rights Lender or Purchaser shall have the same remedies by entry, action or otherwise in the event of any default by Tenant (beyond any applicable notice and obligations cure period) in the payment of Lender under this Agreement shall terminate, without thereby affecting rent or in any way the rights and obligations of Successor Landlord provided for in this Agreement. b. Neither this Agreement, the Security Instrument performance or any of the related loan documents, nor the Lease shall, prior to any acquisition of Landlord’s Premises by Lender, operate to give rise to or create any responsibility or liability for the control, care, management or repair of the Landlord’s Premises upon the Lender, or impose responsibility for the carrying out by Lender observance of any of the covenantsterms, terms or covenants and conditions of the LeaseLease on Tenant’s part to be paid, nor performed or observed that Landlord had or would have had if Lender or Purchaser had not succeeded to the interest of the present Landlord. Lender or Purchaser shall said instruments operate be bound to make Lender responsible or liable Tenant under all terms, covenants and conditions under the Lease and for any waste committed on the landlord defaults which arise after Lender or Purchaser succeeds to Landlord’s Premises by any party whatsoever, or for dangerous or defective conditions of the Landlord’s Premises, or for any negligence in the management, upkeep, repair or control of the Landlord’s Premises, which may result in loss, injury or death to Tenant, or to any tenant, licensee, invitee, guest, employee, agent or stranger. c. Lender may assign to any person or entity its interest under the Security Instrument and/or Lease. Tenant acknowledges the related loan documentsAssignment and after written notice (the “Rent Notice”) is given to Tenant by Lender, Tenant shall thereafter pay to Lender all rent and other amounts due or to become due (the “Rent”) to Landlord under the Lease and Tenant shall not be liable to Lender for Rent paid to Landlord prior to receipt of the Rent Notice provided no Rent has been paid more than thirty (30) days in advance. Landlord hereby expressly authorizes Tenant to make such payments to Lender upon reliance on the Rent Notice, without any inquiry into the factual basis or any prior notice toto or consent from Landlord and hereby releases Tenant from all liability, excepting Tenant fraud, to Landlord in connection with Tenant’s compliance with the consent of, or assumption of any liability to, any other party hereto. In the event Lender becomes the Successor Landlord, Lender may assign to any other party its interest as the Successor Landlord without the consent of any other party heretoRent Notice.