Common use of Lessee's Right to Enforce Warranties Clause in Contracts

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. (b) Lessor authorizes Lessee (directly or through agents) at Lessee’s expense to assert during the Lease Term, all of Lessor’s rights (if any) under any applicable warranty and any other claim that Lessee or Lessor may have against any dealer, vendor, manufacturer, contractor or subcontractor with respect to the Property or any portion thereof. (c) Lessor agrees, at Lessee’s expense, to cooperate with Lessee and take all other action necessary as specifically requested by Lessee to enable Lessee to enforce all of Lessee’s rights (if any) under this Section 6.2, such rights of enforcement to be exclusive to Lessee, and Lessor will not, during the Lease Term, amend, modify or waive, or take any action under, any applicable warranty and any other claim that Lessee may have under this Section 6.2 without Lessee’s prior written consent.

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. (b) Unless a Lease Event of Default shall have occurred and be continuing, Lessor authorizes Lessee (directly or through agents) at Lessee’s expense to assert during the Lease Term, all of Lessor’s rights (if any) under any applicable warranty and any other claim that Lessee or Lessor may have against any dealer, vendor, manufacturer, contractor or subcontractor with respect to the Property or any portion thereof. Any amount recovered by Lessor during a Lease Event of Default shall be applied to Lessee’s obligations in such order as Lessor (or its assignee) may elect. (c) Unless a Lease Event of Default shall have occurred and be continuing, Lessor agrees, at Lessee’s expense, to cooperate with Lessee and take all other action necessary as specifically requested by Lessee to enable Lessee to enforce all of Lessee’s rights (if any) under this Section 6.2, such rights of enforcement to be exclusive to LesseeLessee so long as no Lease Event of Default exists, and Lessor will not, during the Lease TermTerm (except during the continuance of a Lease Event of Default), amend, modify or waive, or take any action under, any applicable warranty and any other claim that Lessee may have under this Section 6.2 without Lessee’s prior written consent. Lessee agrees at its expense to diligently assert all of its rights under such warranties and any other claims that the Lessee may have against such vendor, manufacturer, contractor or subcontractor with respect to the Property or any portion thereof.

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 '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. (b) Lessor authorizes Lessee (directly or through agents) at Lessee’s 's expense to assert during the Lease Term, all of Lessor’s 's rights (if any) under any applicable warranty and any other claim that Lessee or Lessor may have against any dealer, vendor, manufacturer, contractor or subcontractor with respect to the Property or any portion thereof. (c) Lessor agrees, at Lessee’s 's expense, to cooperate with Lessee and take all other action necessary as specifically requested by Lessee to enable Lessee to enforce all of Lessee’s 's rights (if any) under this Section 6.2, such rights of enforcement to be exclusive to Lessee, and Lessor will not, during the Lease Term, amend, modify or waive, or take any action under, any applicable warranty and any other claim that Lessee may have under this Section 6.2 without Lessee’s 's prior written consent. Lessee agrees at its expense to diligently assert all of its rights under such warranties and any other claims that the Lessee may have against such vendor, manufacturer, contractor or subcontractor with respect to the Property or any portion thereof.

Lessee's Right to Enforce Warranties. (a) Subject to Section 6.02(b) below, Lessor hereby assigns and sets over toto Lessee, and Lessee hereby accepts the assignment of all of Lessor’s '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, use and 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 by Lessor without loss of some or all of the benefits of such warranties or claimsclaims or require the consent of any Person where such consent has not be obtained); provided, however, that Lessor 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. (b) Unless Lease Event of Default exists or a Lease Default shall have occurred and be continuing, Lessor authorizes Lessee (directly or through agents) at Lessee’s 's expense to to, and Lessee shall, assert diligently for the benefit of Lessor (or other assignor or owner), during the Lease Term, all of Lessor’s 's rights (or such other assignor or owner) (if any) under any applicable warranty Warranty and any other claim that Lessee or Lessor (or such other assignor or owner) may have against any dealer, vendor, manufacturer, contractor or subcontractor with respect to the Property or any portion thereof. (c) Lessor agrees, at Lessee’s expense, to cooperate with Lessee and take all other action necessary as specifically requested by Lessee to enable Lessee to enforce all of Lessee’s rights (if any) under this Section 6.2, such rights of enforcement to be exclusive to Lessee, and Lessor will not, during the Lease Term, amend, modify or waive, or take any action under, any applicable warranty and any other claim that Lessee may have under this Section 6.2 without Lessee’s prior written consent.

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 '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. (b) Unless a Lease Event of Default shall have occurred and be continuing, Lessor authorizes Lessee (directly or through agents) at Lessee’s 's expense to assert during the Lease Term, all of Lessor’s 's rights (if any) under any applicable warranty and any other claim that Lessee or Lessor may have against any dealer, vendor, manufacturer, contractor or subcontractor with respect to the Property or any portion thereof. Any amount recovered by Lessor during a Lease Event of Default shall be applied to Lessee's obligations in such order as Lessor (or its assignee) may elect. (c) Unless a Lease Event of Default shall have occurred and be continuing, Lessor agrees, at Lessee’s 's expense, to cooperate with Lessee and take all other action necessary as specifically requested by Lessee to enable Lessee to enforce all of Lessee’s 's rights (if any) under this Section 6.2, such rights of enforcement to be exclusive to LesseeLessee so long as no Lease Event of Default exists, and Lessor will not, during the Lease TermTerm (except during the continuance of a Lease Event of Default), amend, modify or waive, or take any action under, any applicable warranty and any other claim that Lessee may have under this Section 6.2 without Lessee’s 's prior written consent. Lessee agrees at its expense to diligently assert all of its rights under such warranties and any other claims that the Lessee may have against such vendor, manufacturer, contractor or subcontractor with respect to the Property or any portion thereof.

Lessee's Right to Enforce Warranties. (a) Lessor hereby assigns and sets over to, and Lessee hereby accepts So long as no Lease Event of Default has occurred that is continuing (unless the assignment enforcement 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 warranty or all of the benefits of such warranties claim is necessary to cure, in whole or claims); provided, however, that Lessor shall have no obligations under, or liabilities with respect toin part, any such warranties and claims. (b) Lease Event of Default), the Lessor authorizes agrees to authorize the Lessee (directly or through agents) at the Lessee’s expense to assert during the Lease Basic Term, all of the Lessor’s rights (if any) under any applicable warranty and any other claim that the Lessor, or the Lessee or Lessor may have against any dealer, vendor, manufacturer, contractor or subcontractor or the previous Property owner with respect to the Property or any portion thereofProperty. (cb) 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, at the Lessee’s expense, to cooperate with the Lessee and take all other action necessary as specifically requested by the Lessee to enable the Lessee to enforce all of Lessee’s rights (if any) under this Section 6.28.4, such rights of enforcement to be exclusive to the Lessee. During the Basic Term (except during the continuance of a Lease Event of Default), and the Lessor will not, during the Lease Term, not amend, modify or waive, or take any action under, any applicable warranty and any other claim that the Lessee may have under this Section 6.2 8.4 without the Lessee’s prior written consent. The Lessee agrees at its expense to diligently assert all of its rights under such warranties and any other claims that the Lessee may have against such vendor, manufacture, contractor or subcontractor or the previous Property owner with respect to any Property or any portion thereof.

Lessee's Right to Enforce Warranties. (a) Lessor hereby assigns and sets over to, and Lessee hereby accepts So long as no Lease Event of Default has occurred that is continuing (unless the assignment enforcement 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 warranty or all of the benefits of such warranties claim is necessary to cure, in whole or claims); provided, however, that Lessor shall have no obligations under, or liabilities with respect toin part, any such warranties and claims. (b) Lease Event of Default), the Lessor authorizes agrees to authorize the Lessee (directly or through agents) at the Lessee’s 's expense to assert during the Lease Basic Term, all of the Lessor’s 's rights (if any) under any applicable warranty and any other claim that the Lessor, or the Lessee or Lessor may have against any dealer, vendor, manufacturer, contractor or subcontractor or the previous Property owner with respect to the Property or any portion thereofProperty. (cb) 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, at the Lessee’s 's expense, to cooperate with the Lessee and take all other action necessary as specifically requested by the Lessee to enable the Lessee to enforce all of Lessee’s 's rights (if any) under this Section 6.28.4, such rights of enforcement to be exclusive to the Lessee. During the Basic Term (except during the continuance of a Lease Event Master Lease of Default), and the Lessor will not, during the Lease Term, not amend, modify or waive, or take any action under, any applicable warranty and any other claim that the Lessee may have under this Section 6.2 8.4 without the Lessee’s 's prior written consent. The Lessee agrees at its expense to diligently assert all of its rights under such warranties and any other claims that the Lessee may have against such vendor, manufacture, contractor or subcontractor or the previous Property owner with respect to any Property or any portion thereof.

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 '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); providedPROVIDED, howeverHOWEVER, that Lessor shall have no obligations under, or liabilities with respect to, any such warranties and claims. (b) Lessor authorizes Lessee (directly or through agents) at Lessee’s 's expense to assert during the Lease Term, all of Lessor’s 's rights (if any) under any applicable warranty and any other claim that Lessee or Lessor may have against any dealer, vendor, manufacturer, contractor or subcontractor with respect to the Property or any portion thereof. (c) Lessor agrees, at Lessee’s 's expense, to cooperate with Lessee and take all other action necessary as specifically requested by Lessee to enable Lessee to enforce all of Lessee’s 's rights (if any) under this Section 6.2, such rights of enforcement to be exclusive to Lessee, and Lessor will not, during the Lease Term, amend, modify or waive, or take any action under, any applicable warranty and any other claim that Lessee may have under this Section 6.2 without Lessee’s 's prior written consent.

Lessee's Right to Enforce Warranties. (a) Subject to Section 6.02(b) below, Lessor hereby assigns and sets over toto Lessee, and Lessee hereby accepts the assignment of all of Lessor’s '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, use and 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 by Lessor without loss of some or all of the benefits of such warranties or claimsclaims or require the consent of any Person where such consent has not be obtained); provided, however, that Lessor 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. (b) Unless Lease Event of Default exists or a Lease Default shall have occurred and be continuing, Lessor authorizes Lessee (directly or through agents) at Lessee’s 's expense to to, and Lessee shall, assert diligently for the benefit of Lessor (or other assignor or owner), during the Lease Term, all of Lessor’s 's rights (or such other assignor or owner) (if any) under any applicable warranty Warranty and any other claim that Lessee or Lessor (or such other assignor or owner) may have against any dealer, vendor, manufacturer, contractor or subcontractor with respect to the Property or any portion thereof. (c) Unless a Lease Event of Default exists or a Lease Default shall have occurred and be continuing, Lessor agrees, at Lessee’s 's risk and expense, to cooperate with Lessee and take all other reasonable action necessary as specifically requested by Lessee to enable Lessee to enforce all of Lessee’s Lessor's rights (if any) under this Section 6.2, such rights of enforcement to be exclusive to Lessee, and Lessor will not, during the Lease Term, amend, modify or waive, or take any action under, any applicable warranty and any other claim that Lessee may have under this Section 6.2 without Lessee’s prior written consent6.02.