Common use of Liability of Lender Clause in Contracts

Liability of Lender. If Lender [or any other holder of the Note or its nominee] or its nominee shall succeed to the interests of Landlord under the Lease in any manner, or if any purchaser acquires the Property or any part thereof including the Demised Premises upon any foreclosure of the Security Deed or by a conveyance or assignment in lieu of such foreclosure (or similar device), Lender, its nominee, such other holder [or its nominee], or such purchaser, as the case may be, shall have the same remedies by entry, action, or otherwise in the event of any default by Tenant (beyond any period given Tenant to cure such default) in the payment of base rental or additional rental or in the performance of any of the terms, covenants and conditions of the Lease on Tenant's part to be performed that Landlord had or would have had if Lender, its nominee, such other holder [or its nominee] or such purchaser, as the case may be, had not succeeded to the interest of Landlord. Except as herein provided, from and after such attornment, Lender, its nominee, such other holder [or its nominee] or such purchaser, as the case may be, shall be bound to Tenant under all the terms, covenants and conditions of the Lease. Except as herein provided, Tenant shall, from and after the succession to the interest of Landlord under the Lease by Lender, its nominee, or such other holder [or its nominee] or such purchaser, as the case may be, have the same remedies against Lender, its nominee, such other holder [or its nominee] or such purchaser, as the case may be, for the breach of any agreement contained in the Lease that Tenant might have had under the Lease against Landlord if Lender, its nominee, such other holder [or its nominee] or such purchaser, as the case may be, had not succeeded to the interest of Landlord; provided, however, that, except for Landlord defaults for which Tenant has given Landlord and Lender written notice, Lender, its nominee, such other holder [or its nominee] or such purchaser, as the case may be, shall not be: (i) obligated to cure any defaults under the Lease of any prior landlord (including Landlord) except to the extent same constitutes a continuing default following purchaser's acquisition of title; (ii) liable for any act or omission of any prior landlord (including Landlord) except to the extent same constitutes a continuing default following purchaser's acquisition of title; (iii) subject to any offsets or defenses which Tenant might have against any prior landlord (including Landlord) except for offsets arising under the Lease after Lender has received notice and an opportunity to cure; (iv) bound by any base rental or additional rental which Tenant might have paid for more than sixty (60) days prior to the due date to any prior landlord (including Landlord) unless paid to Lender or otherwise actually received by Lender; (v) bound by any material amendment or modification of the Lease made without Lender's prior written consent, such consent not to be unreasonably withheld; (vi) bound by any warranty or representation of any prior landlord (including Landlord) relating to work performed by any prior landlord (including Landlord) under the Lease; (vii) obligated to make any capital improvements to the Property or the Demised Premises which any prior landlord (including Landlord) has agreed to make but not completed or to perform or furnish any services not related to the possession and quiet enjoyment of the Demised Premises; or (viii) responsible for security deposits or other refundable fees unless paid over to Lender.

Liability of Lender. If Lender [or any other holder of the Note or its nominee] or its nominee shall succeed to the interests of Landlord under the Lease in any manner, or if any purchaser acquires the Property or any part thereof including the Demised Premises upon any foreclosure of the Security Deed or by a conveyance or assignment in lieu of such foreclosure (or similar device), Lender, its nominee, such other holder [or its nominee], or such purchaser, as the case may be, shall have the same remedies by entry, action, or otherwise in the event of any default by Tenant (beyond any period given Tenant to cure such default) in the payment of base rental or additional rental or in the performance of any of the terms, covenants and conditions of the Lease on Tenant's part to be performed that Landlord had or would have had if Lender, its nominee, such other holder [or its nominee] or such purchaser, as the case may be, had not succeeded to the interest of Landlord. Except as herein provided, from From and after such attornment, Lender, its nominee, such other holder [or its nominee] or such purchaser, as the case may be, shall be bound to Tenant under all the terms, covenants and conditions of the Lease. Except as herein provided, Tenant shall, from and after the succession to the interest of Landlord under the Lease by Lender, its nominee, or such other holder [or its nominee] or such purchaser, as the case may be, have the same remedies against Lender, its nominee, such other holder [or its nominee] or such purchaser, as the case may be, for the breach of any agreement contained in the Lease that Tenant might have had under the Lease against Landlord if Lender, its nominee, such other holder [or its nominee] or such purchaser, as the case may be, had not succeeded to the interest of Landlord; provided, however, that, except for Landlord defaults for which Tenant has given Landlord and Lender written notice, that Lender, its nominee, such other holder [or its nominee] or such purchaser, as the case may be, shall not be: (i) obligated to cure any defaults under the Lease of any prior landlord (including Landlord), but nothing is this clause (i) except shall release Lender from its obligation under the Lease to cure defaults under the extent same constitutes a continuing default following purchaser's acquisition Lease committed or continued thereunder by Lender, provided that Lender shall not be obligated to cure any defaults under the Lease of titleany prior landlord; (ii) liable for any act or omission of any prior landlord (including Landlord) except to the extent same constitutes a continuing default following purchaser's acquisition (and for the time period) that Lender continues such act or omission, provided, however, nothing contained in this clause (ii) is intended or shall be construed to affect or diminish the right of titleTenant to make Permitted Offsets (as such term is defined in clause (iii) below); (iii) subject to any offsets or defenses which Tenant might have against any prior landlord (including Landlord) ), except for those offsets arising which Tenant is expressly permitted to make pursuant to the provisions of the Lease which arose out of Landlord's default under the Lease after Lease, provided that Tenant has promptly thereafter notified Lender has received notice and given Lender an opportunity to curecure same as provided in Section 7 below, and except to the extent (and for the time period) that Lender continues any such prior default which gives rise to such offset (collectively, the "Permitted Offsets"); (iv) bound by any base rental or additional rental which Tenant might have paid for more than sixty (60) days prior to the due date current month to any prior landlord (including Landlord) unless paid to Lender or otherwise actually received by Lender); (v) bound by any material amendment or modification of the Lease made without Lender's prior written consent, such consent not to be unreasonably withheld; (vi) bound by any warranty or representation of any prior landlord (including Landlord) relating to work performed by any prior landlord (including Landlord) under the Lease; (vii) obligated to make any capital improvements to the Property or the Demised Premises which any prior landlord (including Landlord) has agreed to make but not completed or to perform or furnish any services not related to the possession and quiet enjoyment of the Demised Premises; or (viii) responsible for security deposits or other refundable fees unless paid over to Lender.

Liability of Lender. If Lender [or any other holder of the Note or its nominee] or its nominee shall succeed Notwithstanding anything to the interests contrary contained in this Agreement, Lender and its successors and assigns shall not, by virtue of Landlord this Agreement, be or become subject to any liability or obligation to Lessee under the Lease in any manneror otherwise, or if any purchaser acquires the Property or any part thereof including the Demised Premises upon any foreclosure of the Security Deed or by a conveyance or assignment in lieu of such foreclosure (or similar device), Lender, its nominee, such other holder [unless Lender or its nominee]successors and assigns shall obtain title to the Property, by foreclosure or such purchaserotherwise; and, as the case may bemoreover, shall have the same remedies by entry, action, or otherwise Purchaser in the event of any default by Tenant (beyond any period given Tenant to cure such default) in the payment of base rental or additional rental or in the performance of any of the terms, covenants and conditions of the Lease on Tenant's part to be performed that Landlord had or would have had if Lender, its nominee, such other holder [or its nominee] or such purchaser, as the case may be, had not succeeded to acquiring the interest of Landlord. Except Borrower as herein provided, from and after such attornment, Lender, its nominee, such other holder [or its nominee] or such purchaser, as the case may be, shall be bound to Tenant under all the terms, covenants and conditions of the Lease. Except as herein provided, Tenant shall, from and after the succession to the interest of Landlord under the Lease by Lender, its nominee, or such other holder [or its nominee] or such purchaser, as the case may be, have the same remedies against Lender, its nominee, such other holder [or its nominee] or such purchaser, as the case may be, for the breach a result of any agreement contained in the Lease that Tenant might have had under the Lease against Landlord if Lendersuch action or proceeding, and its nominee, such other holder [or its nominee] or such purchaser, as the case may be, had not succeeded to the interest of Landlord; provided, however, that, except for Landlord defaults for which Tenant has given Landlord successors and Lender written notice, Lender, its nominee, such other holder [or its nominee] or such purchaser, as the case may beassigns, shall not be: : (i) obligated to cure any defaults under the Lease of any prior landlord (including Landlord) except to the extent same constitutes a continuing default following purchaser's acquisition of title; (iia) liable for any act or omission of any prior landlord under the Lease (including LandlordBorrower) except for any act or omission with respect to which it received a written notice and opportunity to cure from Lessee provided that the Lender named herein shall not be so liable unless the Lender holds title to the extent same constitutes a continuing default following purchaser's acquisition Property for sixty (60) days or more; or (b) liable for any damages or other relief attributable to any latent or patent defects in construction with respect to any portion of title; the Property except for any damages or other relief attributable to latent or patent defects with respect to which it received notice and an opportunity to cure from Lessee provided that the Lender named herein shall not be so liable unless the Lender holds title to the Property for sixty (iii60) days or more; or (c) subject to any offsets or defenses which Tenant Lessee might have against any prior landlord under the Lease (including LandlordBorrower) except for any offsets arising under the Lease after Lender has or defenses relating to any act or omission with respect to which it received a notice and an opportunity to cure; (iv) bound by any base rental or additional rental which Tenant might have paid cure from Lessee provided that the Lender named herein shall not be so liable unless the Lender holds title to the Property for more than sixty (60) days prior to the due date to any prior landlord or more; or (including Landlord) unless paid to Lender or otherwise actually received by Lender; (vd) bound by any material amendment or modification of the Lease relating to the payment of rent or the term of the Lease made without Lender's ’s prior written consent; or (e) bound by, such consent not or responsible for, any security deposit paid by Lessee (unless delivered to be unreasonably withheld; and held by Lender); or (vif) bound by or responsible for or affected by any warranty purchase option contained in the Lease, which provisions shall be of no force and effect upon the Lender or representation its successors or assigns. Upon Purchaser’s succession to Borrower’s interest in the Property, to the extent there are existing obligations of Borrower under the Lease to construct the Improvements (as such term is defined in the Lease), Purchaser may either (y) complete the Improvements pursuant to the terms of the Lease subject to the agreement of Purchaser and Borrower to a reasonable revised Fixturing Entry Date (if necessary) or (z) deliver written notice to Lessee of Purchaser’s election not to complete the Improvements at which time Lessee may either (i) terminate the Lease or (ii) complete the Improvements whereupon Lessee shall have the right to offset the costs of completion against rent payable under the Lease up to the amount of the difference between the Allowance (as defined therein) and the cost of that portion of the Improvements which have been completed, as amount is mutually determined by Purchaser and Lessee. Regardless of anything in the Lease or this Agreement to the contrary, in acquiring the interest of Borrower as a result of such action or proceeding, Purchaser shall not have any obligation or liability beyond its interest in the Property. Lessee shall look exclusively to Purchaser’s interest in the Property for payment and discharge of any prior landlord (including Landlord) relating to work performed by any prior landlord (including Landlord) of Purchaser’s obligations under this Agreement or under the Lease; (vii) obligated . Lessee shall not collect or attempt to make collect any capital improvements to judgment based upon such obligations out of any other assets of Purchaser. In addition, upon any sale or transfer of its interest in the Property Property, Purchaser shall have no further obligation under the Agreement or the Demised Premises which any prior landlord (including Landlord) has agreed Lease with respect to make but not completed matters occurring after such sale or transfer. By executing this Agreement, Borrower specifically acknowledges and agrees that nothing contained in this Section shall impair, affect, lessen, abrogate or otherwise modify the obligations of Borrower to perform or furnish any services not related to Lessee under the possession and quiet enjoyment of the Demised Premises; or (viii) responsible for security deposits or other refundable fees unless paid over to LenderLease.

Liability of Lender. If The relationship between Xxxxxxxx and Xxxxxx created by this Agreement Is strictly a debtor and creditor relationship and not fiduciary in nature, nor is the relationship to be construed as creating any partnership or joint venture between Lender [and Borrower . Xxxxxxxx is exercising Xxxxxxxx's own judgment with respect to Xxxxxxxx's business . All information supplied to Lender is for Xxxxxx's protection only and no other party is entitled to rely on such Information . There is no duty for Lender to review, Inspect, supervise or inform Borrower of any matter with respect to Xxxxxxxx's business . Xxxxxx and Borrower intend that Lender may reasonably rely on all information supplied by Borrower to Lender, together with all representations and warranties given by Borrower to Lender, without investigation or confirmation by Xxxxxx and that any investigation or failure to investigate will not diminish lender's right to so rely . Notice of Xxxxxx's Breach . Borrower must notify lender in writing of any breach of this Agreement or the Related Documents by lender and any other holder claim, cause of action or offset against lender within thirty ( 30 ) days after the occurrence of such breach or after the accrual of such claim, cause of action or offset . Borrower waives any claim, cause of action or offset for which notice is not given in accordance with this paragraph . lender is entitled to rely on any failure to give such notice . Indemnification of Lender . Xxxxxxxx agrees to indemnify, to defend and to save and hold lender harmless from any and all claims , suits , obligations, damages , losses, costs and expenses (including, without limitation, Xxxxxx's attorneys' fees), demands, liabil . ities , penalties, fines and forfeitures of any nature whatsoever that may be asserted against or Incurred by lender, its officers, directors, employees, and agents arising out of, relating to, or in any manner occasioned by this Agreement and the exercise of the Note rights and remedies granted lender under this , as well as by : ( 1 ) the ownership, use, operation, construction , renovation , demolition, preservation , management , repair, condition , or its nominee] maintenance of any part of the Collateral ; ( 2 ) the exercise of any of Borrower's rights collaterally assigned and pledged to lender hereunder ; ( 3 ) any failure of Borrower to perform any of Its obligations hereunder ; and/or ( 4 ) any failure of Borrower to comply with the environmental and ERISA obligations, representations and warranties set forth herein . The foregoing Indemnity provisions shall survive the cancellation of this Agreement as to all matters arising or its nominee accruing prior to such cancellation and the foregoing indemnity shall succeed survive in the event that lender elects to exercise any of the interests of Landlord remedies as provided under the Lease this Agreement following default hereunder . Borrower's indemnity obligations under this section shall not in any mannerway be affected by the presence or absence of covering insurance, or if any purchaser acquires by the Property or any part thereof including the Demised Premises upon any foreclosure amount of the Security Deed such insurance or by a conveyance lhe failure or assignment in lieu refusal of such foreclosure (any insurance carrier to perform any obligation on ils part under any insurance policy or similar device)policies affecting the Collateral and/or Borrower's business activities . Should any claim , Lenderaction or proceeding be made or brought against lender by reason of any event as lo which Xxxxxxxx's indemnification obligations apply, then , upon lender's demand, Borrower, al its nominee, such other holder [or its nominee], or such purchaser, as the case may besole cost and expense , shall have defend such claim, action or proceeding in Borrower's name, If necessary, by the same remedies attorneys for Borrower's Insurance carrier (If such claim, action or proceeding is covered by entry, actioninsurance), or otherwise by such attorneys as lender shall approve . lender may also engage its own attorneys at its reasonable discretion to defend Xxxxxxxx and to assist in its defense and Xxxxxxxx agrees to pay the event fees and disbursements of any default by Tenant (beyond any period given Tenant to cure such default) in the payment of base rental or additional rental or in the performance of any of the terms, covenants and conditions of the Lease on Tenant's part to be performed that Landlord had or would have had if Lender, its nominee, such other holder [or its nominee] or such purchaser, as the case may be, had not succeeded to the interest of Landlord. Except as herein provided, from and after such attornment, Lender, its nominee, such other holder [or its nominee] or such purchaser, as the case may be, shall be bound to Tenant under all the terms, covenants and conditions of the Lease. Except as herein provided, Tenant shall, from and after the succession to the interest of Landlord under the Lease by Lender, its nominee, or such other holder [or its nominee] or such purchaser, as the case may be, have the same remedies against Lender, its nominee, such other holder [or its nominee] or such purchaser, as the case may be, for the breach of any agreement contained in the Lease that Tenant might have had under the Lease against Landlord if Lender, its nominee, such other holder [or its nominee] or such purchaser, as the case may be, had not succeeded to the interest of Landlord; provided, however, that, except for Landlord defaults for which Tenant has given Landlord and Lender written notice, Lender, its nominee, such other holder [or its nominee] or such purchaser, as the case may be, shall not be: (i) obligated to cure any defaults under the Lease of any prior landlord (including Landlord) except to the extent same constitutes a continuing default following purchaser's acquisition of title; (ii) liable for any act or omission of any prior landlord (including Landlord) except to the extent same constitutes a continuing default following purchaser's acquisition of title; (iii) subject to any offsets or defenses which Tenant might have against any prior landlord (including Landlord) except for offsets arising under the Lease after Lender has received notice and an opportunity to cure; (iv) bound by any base rental or additional rental which Tenant might have paid for more than sixty (60) days prior to the due date to any prior landlord (including Landlord) unless paid to Lender or otherwise actually received by Lender; (v) bound by any material amendment or modification of the Lease made without Lender's prior written consent, such consent not to be unreasonably withheld; (vi) bound by any warranty or representation of any prior landlord (including Landlord) relating to work performed by any prior landlord (including Landlord) under the Lease; (vii) obligated to make any capital improvements to the Property or the Demised Premises which any prior landlord (including Landlord) has agreed to make but not completed or to perform or furnish any services not related to the possession and quiet enjoyment of the Demised Premises; or (viii) responsible for security deposits or other refundable fees unless paid over to Lenderattorneys .

Liability of Lender. If Lender [or any other holder of the Note or its nominee] or its nominee shall succeed to the interests of Landlord under the Lease in any manner, or if any purchaser acquires the Property or any part thereof including the Demised Premises upon any foreclosure of the Security Deed or by a conveyance or assignment in lieu of such foreclosure (or similar device), Lender, its nominee, such other holder [or its nominee], or such purchaser, as the case may be, shall have the same remedies by entry, action, or otherwise in the event of any default by Tenant (beyond any period given Tenant to cure such default) in the payment of base rental or additional rental or in the performance of any of the terms, covenants and conditions of the Lease on Tenant's part to be performed that Landlord had or would have had if Lender, its nominee, such other holder [or its nominee] or such purchaser, as the case may be, had not succeeded to the interest of Landlord. Except as herein provided, from and after such attornment, Lender, its nominee, such other holder [or its nominee] or such purchaser, as the case may be, shall be bound to Tenant under all the terms, covenants and conditions of the Lease. Except as herein provided, Tenant shall, from and after the succession to the interest of Landlord under the Lease by Lender, its nominee, or such other holder [or its nominee] or such purchaser, as the case may be, have the same remedies against Lender, its nominee, such other holder [or its nominee] or such purchaser, as the case may be, for the breach of any agreement contained in the Lease that Tenant might have had under the Lease against Landlord if Lender, its nominee, such other holder [or its nominee] or such purchaser, as the case may be, had not succeeded to the interest of Landlord; provided, however, that, except for Landlord defaults for which Tenant has given Landlord and Lender written notice, Lender, its nominee, such other holder [or its nominee] or such purchaser, as the case may be, shall not be: (i) obligated to cure any defaults under the Lease of any prior landlord (including Landlord) except to the extent same constitutes a continuing default following purchaser's acquisition of title); (ii) liable for any act or omission of any prior landlord (including Landlord) except to the extent same constitutes a continuing default following purchaser's acquisition of title); (iii) subject to any offsets or defenses which Tenant might have against any prior landlord (including Landlord) except for offsets arising under as set forth in Article 1, subparagraph (l) of the Lease after Lender has received notice and an opportunity to cureLease; (iv) bound by any base rental or additional rental which Tenant might have paid for more than sixty (60) days prior to the due date current month to any prior landlord (including Landlord) unless paid to Lender or otherwise actually received by Lender); (v) bound by any material amendment or modification of the Lease made without Lender's prior written consent, such consent not to be unreasonably withheld; (vi) bound by any warranty or representation of any prior landlord (including Landlord) relating to work performed by any prior landlord (including Landlord) under the Lease; (vii) liable to Tenant for construction or renovation, or delays in construction or restoration, of the improvements situated or to be situated on the Property; (viii) obligated to make any capital improvements to the Property or the Demised Premises which any prior landlord (including Landlord) has agreed to make but not completed or to perform or furnish any services not related to the possession and quiet enjoyment of the Demised Premises; or (viiiix) responsible for security deposits or other refundable fees unless paid over to Lender.

Liability of Lender. If Lender [The Corporation assumes all risks of the acts or omissions of Boatmen's POS or MNB and any transferee of the Letters of Credit with respect to its use of the Letters of Credit or the proceeds thereof; PROVIDED, HOWEVER, this assumption is not intended to, and shall not, preclude the Corporation from pursuing such rights and remedies as it may have against Boatmen's POS or MNB at law or under the Boatmen's Merchant Agreement or MNB Merchant Agreement or any other holder agreement. Neither the Lender nor any Person participating in the Letters of Credit or the Reimbursement Loan Note shall be liable or responsible for: (a) the use which may be made of the Note Letters of Credit or its nominee] the proceeds thereof or its nominee shall succeed for any acts or omissions of Boatmen's or MNB and any transferee of the Letters of Credit in connection therewith; (b) the validity, sufficiency or genuineness of documents presented under the Letters of Credit, or of any endorsement(s) thereon, even if such documents should in fact prove to be in any or all respects invalid, insufficient, fraudulent or forged; PROVIDED, HOWEVER, (a) and (b) to the interests contrary notwithstanding, the Corporation shall have a claim against the Lender, and the Lender shall be liable to the Corporation, to the extent, but only to the extent, of Landlord any direct, as opposed to consequential, damages suffered by the Corporation which the Corporation proves, as determined by a court of competent jurisdiction, were caused by (i) Lender's gross negligence or (ii) Lender's willful act that prevents payment under the Lease in any manner, Letters of Credit after the presentation to Issuing Bank by Boatmen's POS or if any purchaser acquires the Property or any part thereof including the Demised Premises upon any foreclosure of the Security Deed or by a conveyance or assignment in lieu of such foreclosure MNB (or similar device), Lender, a successor under the Boatmen's Merchant Agreement or MNB Merchant Agreement to whom the Letters of Credit has been transferred in accordance with its nominee, such other holder [or its nominee], or such purchaser, as terms) of a sight draft and all required certificates strictly complying with the case may be, shall have the same remedies by entry, action, or otherwise in the event of any default by Tenant (beyond any period given Tenant to cure such default) in the payment of base rental or additional rental or in the performance of any of the terms, covenants terms and conditions of the Lease Letters of Credit. In furtherance and not in limitation of the foregoing, the Lender may accept documents that appear on Tenant's part their face to be performed that Landlord had in order, without responsibility for further investigation, regardless of any notice or would have had if Lender, its nominee, such other holder [or its nominee] or such purchaser, as the case may be, had not succeeded information to the interest contrary; PROVIDED, HOWEVER, that if Lender shall receive timely written notification from each of Landlord. Except as herein provided, from Boatmen's POS or MNB or the Corporation and after such attornment, Lender, its nominee, such other holder [or its nominee] or such purchaser, as the case may be, shall be bound to Tenant under all the terms, covenants and conditions of the Lease. Except as herein provided, Tenant shall, from and after the succession to the interest of Landlord under the Lease by Lender, its nominee, or such other holder [or its nominee] or such purchaser, as the case may be, have the same remedies against Lender, its nominee, such other holder [or its nominee] or such purchaser, as the case may be, for the breach of any agreement contained that sufficiently identifies (in the Lease reasonable opinion of Lender) documents that Tenant might have had under the Lease against Landlord if Lender, its nominee, such other holder [thereafter may be presented to Issuing Bank or its nominee] or such purchaser, as the case may be, had not succeeded to the interest of Landlord; provided, however, that, except for Landlord defaults for Lender which Tenant has given Landlord and Lender written notice, Lender, its nominee, such other holder [or its nominee] or such purchaser, as the case may be, shall not be: (i) obligated to cure any defaults under the Lease of any prior landlord (including Landlord) except to the extent same constitutes a continuing default following purchaser's acquisition of title; (ii) liable for any act or omission of any prior landlord (including Landlord) except to the extent same constitutes a continuing default following purchaser's acquisition of title; (iii) subject to any offsets or defenses which Tenant might have against any prior landlord (including Landlord) except for offsets arising under the Lease after Lender has received notice and an opportunity to cure; (iv) bound by any base rental or additional rental which Tenant might have paid for more than sixty (60) days prior to the due date to any prior landlord (including Landlord) unless paid to Lender or otherwise actually received by Lender; (v) bound by any material amendment or modification of the Lease made without Lender's prior written consent, such consent are not to be unreasonably withheld; (vi) bound by honored, Lender agrees to use its best efforts to avoid honoring such documents thereafter. Lender assumes no responsibility for any warranty failure or representation delay in the transmission to Boatmen's POS or MNB of any prior landlord (including Landlord) relating to work performed by any prior landlord (including Landlord) funds drawn under the Lease; (vii) obligated to make any capital improvements to Letters of Credit through the Property or the Demised Premises which any prior landlord (including Landlord) has agreed to make but not completed or to perform or furnish any services not related to the possession and quiet enjoyment of the Demised Premises; or (viii) responsible for security deposits or other refundable fees unless paid over to Lenderfederal funds wire system.