Common use of Mortgagee Protection Clause Clause in Contracts

Mortgagee Protection Clause. Tenant will give the owners or holders of any ground lease, mortgage, deed of trust or security agreement (“Lienholder”), by registered mail, a copy of any notice of default Tenant serves on Landlord, provided that Landlord or Lienholder previously notified Tenant (by way of notice of assignment of rents and leases or otherwise) of the address of Lienholder. Tenant further agrees that if Landlord fails to cure such default within the time provided for in this Lease, then Tenant will provide written notice of such failure to Lienholder and Lienholder will have an additional thirty (30) days within which to cure the default. Lienholder shall have no obligation to cure (and shall have no liability or obligation for not curing) any breach or default by Landlord, except to the extent that Lienholder agrees or undertakes otherwise in writing. If the default cannot be cured within the additional thirty (30) day period, then Lienholder will have such additional time as may be necessary to effect the cure if, within the thirty (30) day period, Lienholder has commenced and is diligently pursuing the cure (including without limitation commencing foreclosure proceedings if necessary to effect the cure).

Appears in 3 contracts

Samples: Center Lease (Mulesoft, Inc), Center Lease (Mulesoft, Inc), Office Lease (NovaBay Pharmaceuticals, Inc.)

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Mortgagee Protection Clause. Tenant will shall give the owners .owners or holders of any ground lease, mortgage, deed of trust or security agreement (“Lienholder”), by registered mail, a copy of any notice of default Tenant serves on Landlord, provided that Landlord or Lienholder Lien holder previously notified Tenant (by way of notice of assignment of rents and leases or otherwise) of the address of LienholderLien holder. Tenant further agrees that if Landlord fails to cure such default within the time provided for in Section 19.5 of this Lease, then prior to exercising any remedy against Landlord, Tenant will shall provide written notice of such failure to Lienholder Lien holder and Lienholder will shall have an additional thirty (30) days within which to cure the default. Lienholder shall have no obligation to cure (and shall have no liability or obligation for not curing) any breach or default by Landlord, except to the extent that Lienholder agrees or undertakes otherwise in writing. If the default cannot be cured within the additional thirty (30) day period, then Lienholder will shall have such additional time as may be necessary to effect the cure if, within the thirty (30) day period, Lienholder has commenced and is diligently pursuing the cure (including without limitation commencing foreclosure proceedings if necessary to effect the cure).

Appears in 2 contracts

Samples: Office Lease (Kinnate Biopharma Inc.), Office Lease (Kinnate Biopharma Inc.)

Mortgagee Protection Clause. Tenant will give the owners or holders holder of any ground lease, mortgage, deed of trust or security agreement (“Lienholder”)Mortgage, by registered mail, a copy of any notice of default Tenant serves on Landlord, provided that Landlord or Lienholder the holder of the Mortgage previously notified Tenant (by way of notice of assignment of rents and leases or otherwise) of the address of Lienholdersuch holder. Tenant further agrees that if Landlord fails to cure such default within the time provided for in this Lease, then Tenant will provide written notice of such failure to Lienholder such holder and Lienholder such holder will have an additional thirty 30 days after the later of (30a) days receipt of such notice, or (b) the expiration of Landlord’s cure period, within which to cure the default. Lienholder shall have no obligation to cure (and shall have no liability or obligation for not curing) any breach or default by Landlord, except to the extent that Lienholder agrees or undertakes otherwise in writing. If the default cannot be cured within the that additional thirty (30) 30 day period, then Lienholder the holder will have such additional time as may be necessary to effect the cure if, within the thirty (30) 30 day period, Lienholder the holder has commenced and is diligently pursuing the cure (including without limitation commencing foreclosure proceedings if necessary cure. If Landlord, Tenant, and the holder of any Mortgage enter into any separate agreement regarding the matters addressed in Sections 15.1, 15.2 and 15.3 of this Lease, then to effect the cure)extent of any conflict between the provisions of such separate agreement and the provisions of Section 15.1, 15.2 or 15.3 of this Lease, the provisions of such separate agreement shall control.

Appears in 1 contract

Samples: Tenant Lease Agreement (SXC Health Solutions Corp.)

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Mortgagee Protection Clause. Tenant will give the owners or holders of any ground lease, mortgage, deed of trust or security agreement (each, a “Lienholder”), by registered mail, a copy of any notice of default Tenant serves on Landlord, provided that Landlord or Lienholder previously notified Tenant (by way of notice of assignment of rents and leases or otherwise) of the address of Lienholder. Tenant further agrees that if Landlord fails to cure such default within the time provided for in this Lease, then Tenant will provide written notice of such failure to Lienholder and Lienholder will have an additional thirty (30) days within which to cure the default. Lienholder shall have no obligation to cure (and shall have no liability or obligation for not curing) any breach or default by Landlord, except to the extent that Lienholder agrees or undertakes otherwise in writing. If the default cannot be cured within the additional thirty (30) day period, then Lienholder will have such additional time as may be necessary to effect the cure if, within the thirty (30) day period, Lienholder has commenced and is diligently pursuing the cure (including without limitation commencing foreclosure proceedings if necessary to effect the cure).

Appears in 1 contract

Samples: Office Lease (Nuvectra Corp)

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