Lessee’s Right to Enforce Warranties. (a) Lessor hereby assigns and sets over to, and Lessee hereby accepts the assignment of all of Lessor’s right, title and interest, and estate in, to and under, any and all warranties and other claims against dealers, manufacturers, vendors, contractors and subcontractors relating to the construction, use and maintenance of the Property or any portion thereof now existing or hereafter acquired (excluding from such assignment any such warranties and claims which by their terms are not assignable by Lessor without loss of some or all of the benefits of such warranties or claims); provided, however, that Lessor shall have no obligations under, or liabilities with respect to, any such warranties and claims.
Lessee’s Right to Enforce Warranties. (a) Subject to Section 6.02(b) below, Lessor hereby assigns and sets over to Lessee, and Lessee hereby accepts the assignment of all of Lessor's right, title and interest, and estate in, to and under, any and all warranties and other claims ("Warranties") against dealers, manufacturers, vendors, contractors and subcontractors relating to the construction, manufacture, sale, use, operation or maintenance of the Property or any portion thereof now existing or hereafter acquired (excluding from such assignment any such warranties and claims which by their terms are not assignable without loss of some or all of the benefits of such warranties or claims or require the consent of any Person where such consent has not be obtained); provided, however, that no assignor shall have no obligations under, or liabilities with respect to, any such warranties and claims. To the extent that any Warranties are not hereby assigned to Lessee, Lessor, at the risk, cost and expense of Lessee, agrees to cooperate with Lessee and act at the reasonable direction of Lessee to administer and prosecute any claim arising from or in connection with any Warranty.
Lessee’s Right to Enforce Warranties. The Lessor hereby irrevocably appoints the Lessee as its agent and attorney-in-fact during the term of this Lease, so long as the Lessee shall not be in default hereunder, to assert from time to time whatever claims and rights, including without limitation, warranty claims, claims for indemnification and claims for breach of any representations, respecting the Leased Property which the Lessor may have against any vendor or contractor. The Lessee’s sole remedy for the breach of any such warranty, indemnification or representation shall be against the vendor or contractor with respect thereto, and not against the Lessor, nor shall such matter have any effect whatsoever on the rights and obligations of the Lessor with respect to this Lease, including the right to receive full and timely Lease Payments and all other payments due hereunder. The Lessee shall be entitled to retain any and all amounts recovered as a result of the assertion of any such claims and rights. The Lessor shall, upon the Lessee’s request and at the Lessee’s expense, do all things and take all such actions as the Lessee may request in connection with the assertion of any such claims and rights. The Lessee expressly acknowledges that the Lessor makes, and has made, no representation or warranties whatsoever as to the existence or availability of such warranties of the manufacturer or vendor or contractor.
Lessee’s Right to Enforce Warranties. The Lessee shall have all rights with respect to the warranties of the manufacturers and any other persons with respect to the Property and the right to enforce such warranties against the manufacturers and such other persons. Any recovery under a warranty shall be payable to the Lessee.
Lessee’s Right to Enforce Warranties. (a) Subject to Section 6.2(b) below, Lessor hereby assigns and sets over to, and Lessee hereby accepts the assignment of all of Lessor's right, title and interest, and estate in, to and under, any and all warranties and other claims against dealers, manufacturers, vendors, contractors and subcontractors relating to the construction, use and maintenance of the Property or any portion thereof now existing or hereafter acquired (excluding from such assignment any such warranties and claims which by their terms are not assignable by Lessor without loss of some or all of the benefits of such warranties or claims); provided, however, that Lessor shall have no obligations under, or liabilities with respect to, any such warranties and claims.
Lessee’s Right to Enforce Warranties. Provided no Lease Event of Default or Bankruptcy Default shall have occurred and be continuing, Lessee (including through its designees), at Lessee's expense, shall have the right to assert all of Lessor's rights (if any) under any applicable warranty and any other claim that Lessee or Lessor may have under any agreements pertaining to the construction and/or modification of the Properties, as well as any other rights and claims that may exist by operation of law. Lessor agrees to cooperate with Lessee, at Lessee's expense, in asserting such rights.
Lessee’s Right to Enforce Warranties. (a) So long as no Lease Event of Default has occurred that is continuing (unless the enforcement of any such warranty or claim is necessary to cure, in whole or in part, any such Lease Event of Default), the Lessor agrees to authorize the Lessee (directly or through agents) at the Lessee's expense to assert during the Basic Term, all of the Lessor's rights (if any) under any applicable warranty and any other claim that the Lessor, or the Lessee may have against any dealer, vendor, manufacturer, contractor or subcontractor or the previous Property owner with respect to any Property.
Lessee’s Right to Enforce Warranties. Lessor hereby authorizes Lessee (including through its designees), at Lessee’s expense, to assert all of Lessor’s rights (if any) under any applicable warranty and any other claim that Lessee or Lessor may have under any agreements pertaining to the Property, including the construction and/or modification thereof, and Lessor agrees to cooperate, at Lessee’s expense, with Lessee and its agents in asserting such rights.
