Common use of MORTGAGE ON LEASEHOLD Clause in Contracts

MORTGAGE ON LEASEHOLD. No leasehold mortgage shall be binding upon Lessor without the Port Department's prior written consent. Lessor will accept performance by the holder of any leasehold mortgage to which the Port Department has consented of any term of this Lease required to be performed by Lessee, with the same force and effect as though performed by Lessee, if at the time of such performance. The holder of such mortgage shall have ten (10) calendar days after the date on which Lessor may otherwise terminate this Lease as to the defaulting Lessee to cure any default in the payment of rent or additional rent required to be paid under this Lease and a reasonable period of time not to exceed thirty (30) calendar days, within which to cure any other nonmonetary default hereunder. In no event shall an approved leasehold mortgagee sell, assign, transfer, convey, or otherwise dispose of its interest in this Lease to a third party without the prior written consent of Lessor's Port Everglades Chief Executive/Port Director. The Port Department shall, from time to time, upon reasonable written request, provide a leasehold mortgagee or Lessee with an estoppel certificate stating whether Lessee is in default hereunder, whether this Lease is in full force and effect, and whether this Lease has been modified. Notwithstanding a consent granted by the Port Department, no Assignment shall give Lessee or its assignee, sublessee, transferee, or leasehold mortgagee any lien or encumbrance upon the fee simple ownership interest in the Premises which is vested in Lessor. When giving notice to Lessee with respect to any default under the provisions of this Lease, the Port Department shall also serve as copy of such notice upon the approved leasehold mortgagee which copy, if sent, shall be sent by certified mail, return receipt requested, or any other method of delivery that can be confirmed and verified, to the leasehold mortgagee at the address set forth in the leasehold mortgage. It is Lessee's responsibility and the approved leasehold mortgagee's responsibility to ensure that the Port Department has both Lessee's and the approved leasehold mortgagee's correct current mailing addresses. Upon the happening of any default and receipt of notice of default from the Port Department, Lessee will promptly notify the approved leasehold mortgagee in writing of such occurrence and shall state in the written notice what action has been or will be taken by Lessee to cure the default. Lessee shall promptly provide the Port Department with a copy of the written notice at the same time.

MORTGAGE ON LEASEHOLD. No leasehold mortgage shall be binding upon Lessor County without the prior written consent of the Port Department's prior written consent. Lessor However, County will accept performance or payment by the holder of any leasehold mortgage to which the Port Department has consented consented, of any term and condition of this Lease Agreement required to be performed made by Lessee, with the same force and effect as though performed by LesseeXxxxxx, if at the time of such performanceperformance or payment, County shall be furnished with evidence satisfactory to the Port Department, of the interest in the leased property claimed by the person or entity tendering such performance or payment. The holder of such leasehold mortgage shall have ten (10) calendar additional days after the date on which Lessor the Port Department may otherwise terminate this Lease Agreement as to the defaulting Lessee to cure any default in the payment of rent Annual Rent or other additional rent sums required to be paid under this Lease Agreement, and a reasonable period of time not to exceed thirty (30) calendar days, within additional days after the date on which the Port Department may otherwise terminate this Agreement as to the defaulting Lessee to cure any other nonmonetary default hereunder. In no event shall an approved leasehold mortgagee sell, assign, transfer, convey, or otherwise dispose of its interest in this Lease Agreement to a third party without the prior written consent of Lessor's the Port Everglades Chief Executive/Port DirectorDepartment. The Port Department shall, from time to time, upon reasonable written request, provide a leasehold mortgagee or Lessee with an estoppel certificate stating whether Lessee is in default hereunderdefault, whether this Lease Agreement is in full force and effect, and whether this Lease Agreement has been modified. Notwithstanding a any consent granted provided by the Port DepartmentCounty, no Assignment shall give Lessee or its assignee, sublessee, transferee, or leasehold mortgagee any lien or encumbrance upon the fee simple ownership interest in the Premises Premises, which is vested in LessorCounty. When giving notice to Lessee with respect to any default under the provisions of this LeaseAgreement, the Port Department shall also serve as a copy of such notice upon the any approved leasehold mortgagee which copy, if sent, shall be sent by certified mail, return receipt requested, or any other method of delivery that can be confirmed and verified, to the leasehold mortgagee at the address set forth in the approved leasehold mortgage. It is Lessee's Xxxxxx’s responsibility and the approved leasehold mortgagee's ’s responsibility to ensure that the Port Department has both Lessee's Xxxxxx’s and the approved leasehold mortgagee's ’s correct and current mailing addressesaddress. Upon the happening of any default and Xxxxxx’s receipt of notice of default from the Port Department, Lessee Xxxxxx will promptly notify the approved leasehold mortgagee in writing of such occurrence and shall state in the written notice what action has been or will be taken by Lessee to cure the default. Lessee shall also promptly provide the Port Department with a copy of the written notice at provided to the same timeapproved leasehold mortgagee.

MORTGAGE ON LEASEHOLD. No leasehold mortgage shall be binding upon Lessor County without the prior written consent of the Port Department's prior written consent. Lessor However, County will accept performance or payment by the holder of any leasehold mortgage to which the Port Department has consented consented, of any term and condition of this Lease Agreement required to be performed made by Lessee, with the same force and effect as though performed by Lessee, if at the time of such performanceperformance or payment, County shall be furnished with evidence satisfactory to the Port Department, of the interest in the leased property claimed by the person or entity tendering such performance or payment. The holder of such leasehold mortgage shall have ten (10) calendar additional days after the date on which Lessor the Port Department may otherwise terminate this Lease Agreement as to the defaulting Lessee to cure any default in the payment of rent or additional rent sums required to be paid under this Lease Agreement, and a reasonable period of time not to exceed thirty (30) calendar days, within additional days after the date on which the Port Department may otherwise terminate this Agreement as to the defaulting Lessee to cure any other nonmonetary default hereunder. In no event shall an approved leasehold mortgagee sell, assign, transfer, convey, or otherwise dispose of its interest in this Lease Agreement to a third party without the prior written consent of Lessor's the Port Everglades Chief Executive/Port DirectorDepartment. The Port Department shall, from time to time, upon reasonable written request, provide a leasehold mortgagee or Lessee with an estoppel certificate stating whether Lessee is in default hereunderdefault, whether this Lease Agreement is in full force and effect, and whether this Lease Agreement has been modified. Notwithstanding a any consent granted provided by the Port DepartmentCounty, no Assignment shall give Lessee or its assignee, sublessee, transferee, or leasehold mortgagee any lien or encumbrance upon the fee simple ownership interest in the Premises Premises, which is vested in LessorCounty. When giving notice to Lessee with respect to any default under the provisions of this LeaseAgreement, the Port Department shall also serve as a copy of such notice upon the any approved leasehold mortgagee which copy, if sent, shall be sent by certified mail, return receipt requested, or any other method of delivery that can be confirmed and verified, to the leasehold mortgagee at the address set forth in the approved leasehold mortgage. It is Lessee's ’s responsibility and the approved leasehold mortgagee's ’s responsibility to ensure that the Port Department has both Lessee's ’s and the approved leasehold mortgagee's ’s correct and current mailing addressesaddress. Upon the happening of any default and Lessee’s receipt of notice of default from the Port Department, Lessee will promptly notify the approved leasehold mortgagee in writing of such occurrence and shall state in the written notice what action has been or will be taken by Lessee to cure the default. Lessee shall also promptly provide the Port Department with a copy of the written notice at provided to the same timeapproved leasehold mortgagee.

MORTGAGE ON LEASEHOLD. No leasehold mortgage shall be binding upon Lessor XXXXXX, if obtained by LESSEE without the Port Department's prior written consentconsent of XXXXXX's Port Everglades Chief Executive/Port Director. Lessor No leasehold mortgage shall extend to or be a lien or encumbrance upon XXXXXX's fee simple interest in the Premises or any appurtenant rights thereto which have not been granted to LESSEE under this Agreement. LESSOR will accept performance or payment by the holder of any leasehold mortgage to which the Port Department LESSOR has consented consented, of any term and/or condition of this Lease Agreement required to be performed made by LesseeLESSEE, with the same force and effect as though performed by LesseeXXXXXX, if at the time of such performance. The holder of such mortgage shall have ten (10) calendar days after the date on which Lessor may otherwise terminate this Lease as to the defaulting Lessee to cure any default in the payment of rent performance or additional rent required to be paid under this Lease and a reasonable period of time not to exceed thirty (30) calendar days, within which to cure any other nonmonetary default hereunder. In no event shall an approved leasehold mortgagee sell, assign, transfer, convey, or otherwise dispose of its interest in this Lease to a third party without the prior written consent of Lessor's Port Everglades Chief Executive/Port Director. The Port Department shall, from time to time, upon reasonable written request, provide a leasehold mortgagee or Lessee with an estoppel certificate stating whether Lessee is in default hereunder, whether this Lease is in full force and effect, and whether this Lease has been modified. Notwithstanding a consent granted by the Port Department, no Assignment shall give Lessee or its assignee, sublessee, transferee, or leasehold mortgagee any lien or encumbrance upon the fee simple ownership interest in the Premises which is vested in Lessor. When giving notice to Lessee LESSEE with respect to any default under the provisions of this LeaseAgreement, the Port Department XXXXXX shall also serve as copy of such notice upon the approved leasehold mortgagee which copy, if sent, shall be sent by XXXXXX's Port Everglades Department by certified mail, return receipt requested, or any other method of delivery that which can be confirmed and verified, to the leasehold mortgagee at the address set forth in the approved leasehold mortgage. It is Lesseeboth LESSEE's responsibility and the approved leasehold mortgagee's responsibility to ensure that the LESSOR's Port Everglades Department has both Lessee's their correct and the approved leasehold mortgagee's correct current mailing addressesaddress. Upon the happening of any default and its receipt of a written notice of default from the Port DepartmentLESSOR, Lessee XXXXXX will promptly notify the approved leasehold mortgagee in writing of such occurrence and shall state in the written notice notice, what action has been or will be taken by Lessee LESSEE to cure the default. Lessee LESSEE shall also promptly provide the LESSOR's Port Everglades Department with a copy of the written notice at provided to the same timeapproved leasehold mortgagee.