Liability of Leasehold Mortgagee. If any Leasehold Mortgagee becomes the Tenant hereunder, by foreclosure of the Leasehold Mortgage, deed in lieu of foreclosure or under a new Lease under Section 25 below, the parties agree and acknowledge such Leasehold Mortgagee shall not be liable or responsible for and shall not be deemed to have assumed liability for any other prior actions, omissions, defaults, breaches or other events caused by or relating to the original Tenant. Rather, such Leasehold Mortgagee shall only be liable and responsible for acts, omissions, defaults, breaches or events occurring while it is the Tenant hereunder. Nothing in this Section (i) releases the Tenant from liability arising from events during Tenant’s operation of the Property, nor (ii) limits or otherwise modifies Landlord’s remedy under Section 17.2 to terminate this Lease for certain Events of Default, subject to Leasehold Mortgagee’s right to cure an Event of Default in accordance with the provisions of Section 20, and right to enter into a new lease in accordance with the provisions of Section 25. In the event that Leasehold Mortgagee acquires Tenant’s position under the Lease, Leasehold Mortgagee assumes all terms of the Lease during the period of its interest as Tenant hereunder.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
Liability of Leasehold Mortgagee. If any Leasehold Mortgagee becomes the Tenant hereunder, by foreclosure Foreclosure of the Leasehold Mortgage, deed in lieu of foreclosure or under a new Lease under Section 25 18 below, the parties agree and acknowledge such Leasehold Mortgagee shall not be liable or responsible for and shall not be deemed to have assumed liability for any other prior actions, omissionsomissions , defaults, breaches or other events caused by or relating to the original any prior Tenant. Rather, such Leasehold Mortgagee shall only be liable and responsible for acts, omissions, defaults, breaches or events occurring while it is Tenant, but the Tenant hereunderprior Tenant(s) shall not be released from liability for prior occurrences. Nothing set forth in this Section (i) releases the Tenant from liability arising from events during Tenant’s operation of the Property, nor (ii) 17.5 limits or otherwise modifies Landlord’s remedy under Section 17.2 to terminate this Lease for certain Events of DefaultDefaults, subject to Leasehold Mortgagee’s right to cure an Event of a Default in accordance with the provisions of this Section 2017, and right to enter into a new lease in accordance with the provisions of Section 25. In the event that Leasehold Mortgagee acquires Tenant’s position under the Lease, Leasehold Mortgagee assumes all terms of the Lease during the period of its interest as Tenant hereunder18.
Appears in 2 contracts
Samples: Land and Improvements Lease, Modification Agreement
Liability of Leasehold Mortgagee. If The parties agree and acknowledge that any successor-in-interest to Tenant, including any Leasehold Mortgagee who becomes the Tenant hereunder, by foreclosure of the Leasehold Mortgage, deed in lieu of foreclosure Mortgage or under a new Lease under Section 25 below, the parties agree and acknowledge such Leasehold Mortgagee 18 below shall not be liable or responsible for and shall not be deemed to have assumed liability for any other prior actions, omissions, defaults, breaches or other events caused by or relating to the original TenantTenant other than the payment of rent and other amounts due or payable hereunder. Rather, such successor-in-interest to Tenant or Leasehold Mortgagee Mortgagee, as the case may be, shall only be liable and responsible for acts, omissions, defaults, breaches or events occurring while it is the Tenant hereunder. Nothing in this Section 17.5 (i) releases the Tenant from liability arising from events during Tenant’s 's operation of the PropertyPremises, nor (ii) limits or otherwise modifies Landlord’s 's remedy under Section 17.2 to terminate this Lease for certain Events of Default, subject to Leasehold Mortgagee’s 's right to cure an Event of Default in accordance with the provisions of Section 20this Article 17, and right to enter into a new lease in accordance with the provisions of Section 25. In the event that Leasehold Mortgagee acquires Tenant’s position under the Lease, Leasehold Mortgagee assumes all terms of the Lease during the period of its interest as Tenant hereunderArticle 18.
Appears in 1 contract
Samples: Land and Improvements Lease