Common use of Limitations on Financing Clause in Contracts

Limitations on Financing. Tenant’s rights to obtain such financing and refinancing shall be subject only to the following conditions: (a) The Person providing any such financing or refinancing (the “Leasehold Mortgagee”) shall agree that Landlord shall not be liable for the payment of such indebtedness or the performance of any of the covenants contained in the documents securing payment thereof, and that in the event of default in payment or performance thereof, the Leasehold Mortgagee will look solely to Tenant’s interest in the Air Space Parcel and Tenant’s Facility for satisfaction of the indebtedness thereby secured; provided, however, that the above provisions shall not be deemed to exculpate Landlord from any liability it may ever have to such Leasehold Mortgagee, as the successor-in-interest of the Tenant hereunder, by reason of Landlord’s covenants, obligations, and warranties set forth herein, including, but not limited to, Landlord’s warranty of title to the Air Space Parcel. (b) The Leasehold Mortgagee providing any such financing or refinancing shall agree to give Landlord written notice of any default by Tenant thereunder and time to cure such default prior to the exercise of any remedies such Leasehold Mortgagee may have with respect to the Air Space Parcel and Tenant’s Facility as a result of such default, which notice and time-to-cure periods shall not be less than the notice and time-to-cure periods granted to Tenant under the documentation evidencing such financing, but which may run concurrently therewith.

Limitations on Financing. Tenant’s rights to obtain such financing and refinancing shall be subject only to the following conditions: (a) The Person providing any such financing or refinancing (the sometimes herein called a “Leasehold Mortgagee”) shall agree that Landlord shall not be liable for the payment of such indebtedness or the performance of any of the covenants contained in the documents securing payment thereof, and that in the event of default in payment or performance thereof, the Leasehold Mortgagee will look solely to Tenant’s interest in the Air Space Parcel Premises and Tenant’s Facility MOB B for satisfaction of the indebtedness thereby secured; provided, however, that the above provisions shall not be deemed to exculpate Landlord from any liability it may ever have to such Leasehold Mortgagee, as the successor-in-interest of the Tenant hereunder, by reason of Landlord’s covenants, obligations, and warranties set forth herein, including, but not limited to, Landlord’s warranty of title to the Air Space ParcelPremises. (b) The Leasehold Mortgagee providing any such financing or refinancing shall agree to give Landlord written notice of any default by Tenant thereunder and time to cure such default prior to the exercise of any remedies such Leasehold Mortgagee may have with respect to the Air Space Parcel Premises and Tenant’s Facility MOB B as a result of such default, which notice and time-to-cure periods shall not be less than the notice and time-to-cure periods granted to Tenant under the documentation evidencing such financing, but which may run concurrently therewith.

Limitations on Financing. Tenant’s rights to obtain such financing and refinancing shall be subject only to the following conditions: (a) The Person providing any such financing or refinancing (the sometimes herein called a “Leasehold Mortgagee”) shall agree that Landlord shall not be liable for the payment of such indebtedness or the performance of any of the covenants contained in the documents securing payment thereof, and that in the event of default in payment or performance thereof, ; the Leasehold Mortgagee will look solely to Tenant’s interest in the Air Space Parcel Premises and Tenant’s Facility the MOB for satisfaction of the indebtedness thereby secured; provided, provided however, that the above provisions shall not be deemed to exculpate Landlord from any liability it may ever have to such Leasehold Mortgagee, as the successor-in-interest of the Tenant hereunder, by reason of Landlord’s covenants, obligations, and warranties set forth herein, including, but not limited limited, to, Landlord’s warranty of title to the Air Space ParcelPremises. (b) The Leasehold Mortgagee providing any such financing or refinancing shall agree to give Landlord written notice of any default by Tenant thereunder and time to cure such default prior to the exercise of any remedies such Leasehold Mortgagee may have with respect to the Air Space Parcel Premises and Tenant’s Facility the MOB as a result of such default, which notice and time-to-cure periods shall not be less than the notice and time-to-cure periods granted to Tenant under the documentation evidencing such financing, but which may run concurrently therewith.

Limitations on Financing. 11.3.1. The Tenant’s rights to obtain such financing and refinancing shall be subject only to the following conditions: (a) The Person person providing any such financing or refinancing (the sometimes herein called a “Leasehold Mortgagee”) shall agree that the Landlord shall not be liable for the payment of such indebtedness or the performance of any of the covenants contained in the documents securing payment thereof, and that in the event of default in payment or performance thereof, the Leasehold Mortgagee will look solely to the Tenant’s interest Interest in the Air Space Parcel and Tenant’s Facility Premises for satisfaction of the indebtedness thereby secured; , provided, however, that the above provisions shall not be deemed to exculpate the Landlord from any liability it may ever have to such Leasehold Mortgagee, as the successor-in-interest of the Tenant hereunder, by reason of the Landlord’s covenants, obligations, and warranties set forth herein, including, but not limited to, the Landlord’s warranty of title to the Air Space Parcel.Premises; (b) The Leasehold Mortgagee providing any such financing or refinancing shall agree to give the Landlord written notice of any default by the Tenant thereunder and time to cure such default prior to the exercise of any remedies such Leasehold Mortgagee may have with respect to the Air Space Parcel and Tenant’s Facility Premises as a result of such default, which notice and time-to-cure periods shall not be less than the notice and time-to-cure periods granted to the Tenant under the documentation evidencing such financing, but which may run concurrently therewith.