Common use of Mortgage on Leasehold Clause in Contracts

Mortgage on Leasehold. No leasehold mortgage shall be binding upon County without the prior written consent of the Port Department. However, County will accept performance or payment by the holder of any leasehold mortgage to which the Port Department has consented, of any term and condition of this Agreement required to be made by Lessee, with the same force and effect as though performed by Xxxxxx, if at the time of such performance 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) additional days after the date on which the Port Department may otherwise terminate this Agreement as to the defaulting Lessee to cure any default in the payment of Annual Rent or other additional sums required to be paid under this Agreement, and thirty (30) additional days after the date on which the Port Department may otherwise terminate this Agreement as to the defaulting Lessee to cure any other default hereunder. In no event shall an approved leasehold mortgagee sell, assign, transfer, convey, or otherwise dispose of its interest in this Agreement to a third party without the prior written consent of the Port Department. 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, whether this Agreement is in full force and effect, and whether this Agreement has been modified. Notwithstanding any consent provided by County, 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 County. When giving notice to Lessee with respect to any default under the provisions of this Agreement, the Port Department shall also serve a copy of such notice upon any approved leasehold mortgagee 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 Xxxxxx’s responsibility and the approved leasehold mortgagee’s responsibility to ensure that the Port Department has both Xxxxxx’s and the approved leasehold mortgagee’s correct and current mailing address. Upon Xxxxxx’s receipt of notice of default from the Port Department, Xxxxxx will promptly notify the approved leasehold mortgagee in writing of such occurrence and 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 provided to the approved leasehold mortgagee.

Mortgage on Leasehold. No leasehold mortgage shall be binding upon County without the prior written consent of the Port Department. However, County will accept performance or payment by the holder of any leasehold mortgage to which the Port Department has consented, of any term and condition of this Agreement required to be made by LesseeXxxxxx, with the same force and effect as though performed by Xxxxxx, if at the time of such performance 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) additional days after the date on which the Port Department may otherwise terminate this Agreement as to the defaulting Lessee to cure any default in the payment of Annual Rent or other additional sums required to be paid under this Agreement, and thirty (30) additional days after the date on which the Port Department may otherwise terminate this Agreement as to the defaulting Lessee to cure any other default hereunder. In no event shall an approved leasehold mortgagee sell, assign, transfer, convey, or otherwise dispose of its interest in this Agreement to a third party without the prior written consent of the Port Department. 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, whether this Agreement is in full force and effect, and whether this Agreement has been modified. Notwithstanding any consent provided by County, 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 County. When giving notice to Lessee with respect to any default under the provisions of this Agreement, the Port Department shall also serve a copy of such notice upon any approved leasehold mortgagee 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 Xxxxxx’s responsibility and the approved leasehold mortgagee’s responsibility to ensure that the Port Department has both Xxxxxx’s and the approved leasehold mortgagee’s correct and current mailing address. Upon Xxxxxx’s receipt of notice of default from the Port Department, Xxxxxx will promptly notify the approved leasehold mortgagee in writing of such occurrence and 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 provided to the approved leasehold mortgagee.

Mortgage on Leasehold. No leasehold mortgage shall be binding upon County Lessor without the prior written consent of the Port Department's prior written consent. However, County Lessor 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 Agreement Lease required to be made performed by Lessee, with the same force and effect as though performed by XxxxxxLessee, if at the time of such performance 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 paymentperformance. The holder of such leasehold mortgage shall have ten (10) additional calendar days after the date on which the Port Department Lessor may otherwise terminate this Agreement Lease as to the defaulting Lessee to cure any default in the payment of Annual Rent rent or other additional sums rent required to be paid under this Agreement, Lease and a reasonable period of time not to exceed thirty (30) additional days after the date on calendar days, within 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 Agreement Lease to a third party without the prior written consent of the Lessor's Port DepartmentEverglades 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 defaultdefault hereunder, whether this Agreement Lease is in full force and effect, and whether this Agreement Lease has been modified. Notwithstanding any a consent provided granted by Countythe 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, Premises which is vested in CountyLessor. When giving notice to Lessee with respect to any default under the provisions of this AgreementLease, the Port Department shall also serve a as copy of such notice upon any 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 approved leasehold mortgage. It is Xxxxxx’s Lessee's responsibility and the approved leasehold mortgagee’s 's responsibility to ensure that the Port Department has both Xxxxxx’s Lessee's and the approved leasehold mortgagee’s 's correct and current mailing addressaddresses. Upon Xxxxxx’s the happening of any default and receipt of notice of default from the Port Department, Xxxxxx 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 provided to at the approved leasehold mortgageesame time.

Mortgage on Leasehold. No leasehold mortgage shall be binding upon County without the prior written consent of the Port Department. However, County will accept performance or payment by the holder of any leasehold mortgage to which the Port Department has consented, of any term and condition of this Agreement required to be made by Lessee, with the same force and effect as though performed by XxxxxxLessee, if at the time of such performance 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) additional days after the date on which the Port Department may otherwise terminate this Agreement as to the defaulting Lessee to cure any default in the payment of Annual Rent or other additional sums required to be paid under this Agreement, and thirty (30) additional days after the date on which the Port Department may otherwise terminate this Agreement as to the defaulting Lessee to cure any other default hereunder. In no event shall an approved leasehold mortgagee sell, assign, transfer, convey, or otherwise dispose of its interest in this Agreement to a third party without the prior written consent of the Port Department. 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, whether this Agreement is in full force and effect, and whether this Agreement has been modified. Notwithstanding any consent provided by County, 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 County. When giving notice to Lessee with respect to any default under the provisions of this Agreement, the Port Department shall also serve a copy of such notice upon any approved leasehold mortgagee 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 XxxxxxLessee’s responsibility and the approved leasehold mortgagee’s responsibility to ensure that the Port Department has both XxxxxxLessee’s and the approved leasehold mortgagee’s correct and current mailing address. Upon XxxxxxLessee’s receipt of notice of default from the Port Department, Xxxxxx Lessee will promptly notify the approved leasehold mortgagee in writing of such occurrence and 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 provided to the approved leasehold mortgagee.