Common use of New Lease with Leasehold Mortgagee Upon Termination Clause in Contracts

New Lease with Leasehold Mortgagee Upon Termination. If this Lease shall terminate by reason of the occurrence of any contingency mentioned in Section 13.01 hereof, and in the manner therein set forth, and if Lessor shall obtain possession of the Leased premises herefor, Lessor agrees that any Leasehold Mortgagee shall have the right, for a period of thirty (30) days subsequent to written notice of said termination of this Lease, to elect to demand a new lease of the Leased premises of the character and, when executed and delivered and possession of the Leased Premises is taken thereunder, having the effect hereinafter set forth. Such new lease shall be for a term to commence at the said termination of this Lease, as in this Section 13.01 provided, and shall have as the date for the expiration thereof the same date stated in this Lease as the date for the expiration thereof. The rent thereof shall be at the same rate as would have been applicable during such term under the provisions of this Lease, had this Lease as the date for the expiration thereof. The rent therefor shall be at the same rate as would have been applicable during such term under the provisions of this Lease, had this Lease not so expired or terminated, and all the rents, covenants, conditions and provisions of such new lease, including, but not limited to, the conditional limitations set forth in this Lease, shall be the same as the terms, conditions and provisions of this Lease. If any such Leasehold Mortgagee as aforesaid shall elect to demand such new lease within such 30-day period, such Leasehold Mortgagee shall give written notice to Lessor of such election; and, thereupon, within ten (10) days thereafter, Lessor and such Leasehold Mortgagee agree to execute and deliver such new lease upon the terms above set forth, and such Leasehold Mortgagee shall, at the time of the execution and delivery of such new lease, pay to Lessor all rent and additional rent and other sums which would have become payable hereunder by Lessee to Lessor to the date of the execution and delivery of such new lease, had this Lease not terminated, and which remain unpaid at the time of the execution and delivery of such new lease, together with reasonable attorneys fees and expenses in connection therewith. Any such new lease as contemplated in this Section 13.07 may, at the option of the Leasehold Mortgagee, be executed by a nominee of such holder, without the Leasehold Mortgagee assuming the burdens and obligations of Lessee thereunder beyond the period of its ownership of the leasehold estate created hereby. Any Leasehold Mortgagee of less than all of the Leased Premises who elects to demand a new lease pursuant to this section with respect to the part of the Leased Premises as to which it has obtained possession shall, as a condition to Lessor's obligation to grant such new lease, agree to guarantee the payment of rental for all of the Leased Premises.

New Lease with Leasehold Mortgagee Upon Termination. If this Lease shall terminate by for any reason prior to the expiration of the occurrence of any contingency mentioned in Section 13.01 hereof, and in the manner therein set forth, Lease Term and if Lessor Landlord shall obtain possession of the Leased premises hereforAir Space Parcel and Tenant’s Facility thereafter, Lessor Landlord agrees that any Leasehold Mortgagee shall have the right, for a period of thirty sixty (3060) days subsequent to written notice of said such termination of this Lease, to elect to demand a new lease of the Leased premises Air Space Parcel of the character and, when executed and delivered and possession of the Leased Premises Air Space Parcel is taken thereunder, having the effect hereinafter set forth. Such new lease shall be for a term to commence at the said such termination of this Lease, as in this Section 13.01 provided, Lease and shall have as the date for the expiration thereof the same date stated in this Lease as the date for the expiration thereofhereof. The rent rental thereof shall be at the same rate as would have been applicable during such term under the provisions of this Lease, had this Lease as the date for the expiration thereof. The rent therefor shall be at the same rate as would have been applicable during such term under the provisions of this Lease, had this Lease not so expired or terminated, and all the rents, covenants, conditions conditions, and provisions of such new lease, including, but not limited to, the conditional limitations set forth in this Lease, shall be the same as the terms, conditions conditions, and provisions of this Lease. If any such Leasehold Mortgagee as aforesaid shall elect to demand such new lease within such 30-sixty (60) day period, such Leasehold Mortgagee shall give written notice to Lessor Landlord of such election; and, thereupon, within ten thirty (1030) days thereafter, Lessor and such Leasehold Mortgagee agree to execute and deliver such new lease upon the terms above set forth, and such Leasehold Mortgagee shall, at the time of the execution and delivery of such new lease, pay to Lessor Landlord all rent and additional rent and other sums which would have become payable hereunder by Lessee Tenant to Lessor Landlord to the date of the execution and delivery of such new lease, had this Lease not terminated, and which remain unpaid at the time of the execution and delivery of such new lease, together and shall have cured Tenant’s failure to comply with reasonable attorneys fees and expenses in connection therewithany terms, provisions, or covenants of this Lease, other than the payment of rent or other sums of money, which is capable of being cured. Any such new lease as contemplated in this Section 13.07 11.5 may, at the option of the Leasehold Mortgagee, be executed by a nominee of such holder, without the Leasehold Mortgagee assuming the burdens and obligations of Lessee Tenant thereunder beyond the period of its ownership of the leasehold estate created hereby. Any Leasehold Mortgagee In connection with the execution and delivery of less than all any such new lease of the Leased Premises who elects to demand a new lease Air Space Parcel pursuant to this section with respect Section 11.5, Landlord shall also convey to such Leasehold Mortgagee (or its nominee or designee), by special warranty deed, xxxx of sale and other appropriate conveyancing documents, all improvements in the part of the Leased Premises as to which it has obtained possession shallAir Space Parcel, as a condition to Lessor's obligation to grant such new lease, agree to guarantee the payment of rental for all of the Leased Premisesincluding Tenant’s Facility.

New Lease with Leasehold Mortgagee Upon Termination. If this Lease shall terminate by for any reason prior to the expiration of the occurrence of any contingency mentioned in Section 13.01 hereof, and in the manner therein set forth, Lease Term and if Lessor Landlord shall obtain possession of the Leased premises hereforPremises and MOB B thereafter, Lessor Landlord agrees that any Leasehold Mortgagee shall have the right, for a period of thirty sixty (3060) days subsequent to written notice of said such termination of this Lease, to elect to demand a new lease of the Leased premises Premises of the character and, when executed and delivered and possession of the Leased Premises is taken thereunder, having the effect hereinafter set forth. Such new lease shall be for a term to commence at the said such termination of this Lease, as in this Section 13.01 provided, Lease and shall have as the date for the expiration thereof the same date stated in this Lease as the date for the expiration thereofhereof. The rent rental thereof shall be at the same rate as would have been applicable during such term under the provisions of this Lease, had this Lease as the date for the expiration thereof. The rent therefor shall be at the same rate as would have been applicable during such term under the provisions of this Lease, had this Lease not so expired or terminated, and all the rents, covenants, conditions conditions, and provisions of such new lease, including, but not limited to, the conditional limitations set forth in this Lease, shall be the same as the terms, conditions conditions, and provisions of this Lease. If any such Leasehold Mortgagee as aforesaid shall elect to demand such new lease within such 30-sixty (60) day period, such Leasehold Mortgagee shall give written notice to Lessor Landlord of such election; and, thereupon, within ten thirty (1030) days thereafter, Lessor and such Leasehold Mortgagee agree to execute and deliver such new lease upon the terms above set forth, and such Leasehold Mortgagee shall, at the time of the execution and delivery of such new lease, pay to Lessor Landlord all rent and additional rent and other sums which would have become payable hereunder by Lessee Tenant to Lessor Landlord to the date of the execution and delivery of such new lease, had this Lease not terminated, and which remain unpaid at the time of the execution and delivery of such new lease, together and shall have cured Tenant’s failure to comply with reasonable attorneys fees and expenses in connection therewithany terms, provisions, or covenants of this Lease, other than the payment of rent or other sums of money, which is capable of being cured. Any such new lease as contemplated in this Section 13.07 11.5 may, at the option of the Leasehold Mortgagee, be executed by a nominee of such holder, without the Leasehold Mortgagee assuming the burdens and obligations of Lessee Tenant thereunder beyond the period of its ownership of the leasehold estate created hereby. Any Leasehold Mortgagee In connection with the execution and delivery of less than all any such new lease of the Leased Premises who elects to demand a new lease pursuant to this section with respect Section 11.5, Landlord shall also convey to such Leasehold Mortgagee (or its nominee or designee), by special warranty deed, xxxx of sale and other appropriate conveyancing documents, all improvements in the part of the Leased Premises as to which it has obtained possession shallPremises, as a condition to Lessor's obligation to grant such new lease, agree to guarantee the payment of rental for all of the Leased Premises.including MOB B.

New Lease with Leasehold Mortgagee Upon Termination. If this Lease shall terminate by for any reason prior to the expiration of the occurrence of any contingency mentioned in Section 13.01 hereof, and in the manner therein set forth, Lease Term and if Lessor Landlord shall obtain possession of the Leased premises hereforPremises and the MOB thereafter, Lessor Landlord agrees that any Leasehold Mortgagee shall have the right, for a period of thirty sixty (3060) days subsequent to written notice of said such termination of this Lease, to elect to demand a new lease of the Leased premises Premises of the character and, when executed and delivered and possession of the Leased Premises is taken thereunder, having the effect hereinafter set forth. Such new lease shall be for a term to commence at the said such termination of this Lease, as in this Section 13.01 provided, Lease and shall have as the date for the expiration thereof the same date stated in this Lease as the date for the expiration thereofhereof. The rent rental thereof shall be at the same rate as would have been applicable during such term under the provisions of this Lease, had this Lease as the date for the expiration thereof. The rent therefor shall be at the same rate as would have been applicable during such term under the provisions of this Lease, had this Lease not so expired or terminated, and all the rents, covenants, conditions conditions, and provisions of such new lease, including, but not limited to, the conditional limitations set forth in this Lease, shall be the same as the terms, conditions conditions, and provisions of this Lease. If any such Leasehold Mortgagee as aforesaid shall elect to demand such new lease within such 30-sixty (60) day period, such Leasehold Mortgagee shall give written notice to Lessor Landlord of such election; and, thereupon, within ten thirty (1030) days thereafter, Lessor and such Leasehold Mortgagee agree to execute and deliver such new lease upon the terms above set forth, and such Leasehold Mortgagee shall, at the time of the execution and delivery of such new lease, pay to Lessor Landlord all rent and additional rent and other sums which would have become payable hereunder by Lessee Tenant to Lessor Landlord to the date of the execution and delivery of such new lease, had this Lease not terminated, and which remain unpaid at the time of the execution and delivery of such new lease, together and shall have cured Tenant’s failure to comply with reasonable attorneys fees and expenses in connection therewithany terms, provisions, or covenants of this Lease, other than the payment of rent or other sums of money, which is capable of being cured. Any such new lease as contemplated in this Section 13.07 11.5 may, at the option of the Leasehold Mortgagee, be executed by a nominee of such holder, without the Leasehold Mortgagee assuming the burdens and obligations of Lessee Tenant thereunder beyond the period of its ownership of the leasehold estate created hereby. Any Leasehold Mortgagee In connection with the execution and delivery of less than all any such new lease of the Leased Premises who elects to demand a new lease pursuant to this section with respect Section 11.5, Landlord shall also convey to such Leasehold Mortgagee (or its nominee or designee), by special warranty deed, xxxx of sale and other appropriate conveyancing documents, all improvements in the part of Premises, including the Leased Premises as to which it has obtained possession shall, as a condition to Lessor's obligation to grant such new lease, agree to guarantee the payment of rental for all of the Leased PremisesMOB.

New Lease with Leasehold Mortgagee Upon Termination. If this Lease (or if Lessee’s right to possession hereunder) shall terminate by reason of the occurrence of any contingency mentioned in Section 13.01 hereof, and in the manner therein set forth, and if Lessor shall obtain possession of the Leased premises herefordefault, Lessor agrees that any the Leasehold Mortgagee shall have the right, for a period of thirty ninety (3090) days subsequent to such termination of this Lease or of Lessee’s right to possession hereunder to deliver to Lessor written notice of said termination of this Lease, the Leasehold Mortgagee’s election to elect to demand execute a new lease of the Leased premises of Premises on substantially the character and, when executed same terms as this Lease. The parties intend and delivered and possession of agree that the Leased Premises is taken thereunder, having the effect hereinafter set forth. Such new lease shall be for a term have the same priority as this Lease and shall provide as such in the Memorandum of Lease evidencing such new lease. All of Lessee’s right, title and interest in the improvements on the Premises prior to commence at the said termination of this Lease, as Lease (or the termination of Lessee’s right to possession) shall automatically vest in this Section 13.01 provided, and shall have as the date for Leasehold Mortgagee upon the expiration thereof the same date stated in this Lease as the date for the expiration thereof. The rent thereof shall be earlier to occur of (a) at the same rate as would have been applicable during such term under the provisions of this Lease, had this Lease as the date for the expiration thereof. The rent therefor shall be at the same rate as would have been applicable during such term under the provisions of this Lease, had this Lease not so expired or terminated, and all the rents, covenants, conditions and provisions of such new lease, including, but not limited to, the conditional limitations set forth in this Lease, shall be the same as the terms, conditions and provisions of this Lease. If any such Leasehold Mortgagee as aforesaid shall elect to demand time that such new lease within such 30-day period, such becomes effective or (b) the date Leasehold Mortgagee shall give written notice obtains title to Lessor such improvements pursuant to foreclosure, deed in lieu of such election; andforeclosure, thereupon, within ten (10) days thereafter, Lessor and such Leasehold Mortgagee agree to execute and deliver such new lease upon the terms above set forth, and such or otherwise. The Leasehold Mortgagee shall, at the time of the execution and delivery of such new lease, pay to Lessor all rent rental and additional rent and all other sums which would have become payable hereunder by Lessee to Lessor to the date of the execution and delivery of such new lease, lease had this Lease not terminated (or Lessee’s right to possession terminated) other than sums arising from any indemnity obligations, and which remain unpaid at the time of the execution and delivery of such new lease, together with reasonable attorneys fees and expenses in connection therewith. Any such new lease as contemplated in this Section 13.07 6.6 may, at the option of the Leasehold Mortgagee, be executed by a nominee of such holder, without the Leasehold Mortgagee assuming the burdens and obligations of Lessee thereunder beyond the period of its ownership of the leasehold estate created hereby. Any Leasehold Mortgagee of less than all of the Leased Premises who elects , provided that Lessor’s prior written consent to demand a new lease pursuant to this section with respect to the part of the Leased Premises as to which it said nominee has obtained possession shall, as a condition to Lessor's obligation to grant such new lease, agree to guarantee the payment of rental for all of the Leased Premisesbeen obtained.

New Lease with Leasehold Mortgagee Upon Termination. If this Lease shall terminate by reason of the occurrence of any contingency mentioned in Section 13.01 hereofthis Article XIII, and in the manner therein set forth, and if Lessor shall obtain possession of the Leased premises Premises herefor, Lessor agrees that any holder or beneficiary of a deed of trust or mortgage securing the payment of indebtedness of Lessee ("Leasehold Mortgagee Mortgagee") shall have the right, for a period of thirty (30) days subsequent to written notice of said termination of this Lease, to elect to demand a new lease of the Leased premises Premises of the character and, when executed and delivered and possession of the Leased Premises is taken thereunder, having the effect hereinafter set forth. Such new lease shall be for a term to commence at the said termination of this Lease, as in this Section 13.01 Article XIII provided, and shall have as the date for the expiration thereof the same date stated in this Lease as the date for the expiration thereof. The rent thereof shall be at the same rate as would have been applicable during such term under the provisions of this Lease, had this Lease as the date for the expiration thereof. The rent therefor shall be at the same rate as would have been applicable during such term under the provisions of this Lease, had this Lease not so expired or terminated, and all the rents, covenants, conditions and provisions of such new lease, including, but not limited to, the conditional limitations set forth in this Lease, shall be the same as the terms, conditions and provisions of this Lease. If any such Leasehold Mortgagee as aforesaid shall elect to demand such new lease within such 30-day period, such Leasehold Mortgagee shall give written notice to Lessor of such election; and, thereupon, within ten (10) days thereafter, Lessor and such Leasehold Mortgagee agree to execute and deliver such a new lease upon the terms above set forth, and such Leasehold Mortgagee shall, at the time of the execution and delivery of such new lease, pay to Lessor all rent and additional rent and other sums which would have become payable hereunder by Lessee to Lessor to the date of the execution and delivery of such new lease, had this Lease not terminated, and which remain unpaid at the time of the execution and delivery of such new lease, together with reasonable attorneys attorneys' fees and expenses in connection therewith. Any such new lease as contemplated in this Section 13.07 Article XIII may, at the option of the Leasehold Mortgagee, be executed by a nominee of such holder, without the Leasehold Mortgagee assuming the burdens and obligations of Lessee thereunder beyond the period of its ownership of the leasehold estate created hereby. Any Leasehold Mortgagee of less than all of the Leased Premises who elects to demand a new lease pursuant to this section with respect to the part of the Leased Premises as to which it has obtained possession shall, as a condition to Lessor's obligation to grant such new lease, agree to guarantee the payment of rental for all of the Leased Premises.

New Lease with Leasehold Mortgagee Upon Termination. If this Lease shall terminate by for any reason prior to the expiration of the occurrence of any contingency mentioned in Section 13.01 hereof, and in the manner therein set forthLease Term, and if Lessor the Landlord shall obtain possession of the Leased premises hereforPremises thereafter, Lessor the Landlord agrees that any Leasehold Mortgagee shall have the right, for a period of thirty sixty (3060) days subsequent to written notice of said such termination of this Lease, to elect to demand a new lease of the Leased premises of the character Premises, and, when executed and delivered delivered, and possession of the Leased Premises is taken thereunder, having the effect hereinafter set forth. Such new lease shall be for a term to commence at the said such termination of this Lease, as in this Section 13.01 provided, and shall have as the date for the expiration thereof the same date stated in this Lease as the date for the expiration thereofhereof. The rent rental thereof shall be at the same rate as would have been applicable during such term under the provisions of this Lease, had this Lease as the date for the expiration thereof. The rent therefor shall be at the same rate as would have been applicable during such term Term under the provisions of this Lease, had this Lease not so expired or terminated, and all the rents, covenants, conditions conditions, and provisions of such new lease, including, but not limited to, the conditional limitations set forth in this Lease, shall be the same as the terms, conditions conditions, and provisions of this Lease. If any such Leasehold Mortgagee as aforesaid shall elect to demand such new lease within such 30-sixty (60) day period, such Leasehold Mortgagee shall give written notice to Lessor the Landlord of such election; , and, thereupon, within ten thirty (1030) days thereafter, Lessor and such Leasehold Mortgagee agree to execute and deliver such new lease upon the terms above set forth, and such Leasehold Mortgagee shall, at the time of the execution and delivery of such new lease, pay to Lessor Landlord all rent and additional rent and other sums Rent which would have become payable hereunder by Lessee the Tenant to Lessor the Landlord to the date of the execution and delivery of such new lease, had this Lease not terminated, and which remain unpaid at the time of the execution and delivery of such new lease, together and shall have cured the Tenant’s failure to comply with reasonable attorneys fees and expenses in connection therewith. Any such new lease as contemplated in any terms, provisions, or covenants of this Section 13.07 mayLease, at the option of the Leasehold Mortgagee, be executed by a nominee of such holder, without the Leasehold Mortgagee assuming the burdens and obligations of Lessee thereunder beyond the period of its ownership of the leasehold estate created hereby. Any Leasehold Mortgagee of less other than all of the Leased Premises who elects to demand a new lease pursuant to this section with respect to the part of the Leased Premises as to which it has obtained possession shall, as a condition to Lessor's obligation to grant such new lease, agree to guarantee the payment of rental for all Rent or other sums of the Leased Premisesmoney, which is capable of being cured.

New Lease with Leasehold Mortgagee Upon Termination. If this Lease shall terminate by for any reason of before the occurrence of any contingency mentioned in Section 13.01 hereof, and in the manner therein set forth, Expiration Date and if Lessor District shall obtain possession of the Leased premises hereforProject Area thereafter, Lessor District agrees that any Leasehold Mortgagee shall have the rightmay, for a period of thirty ninety (3090) days subsequent to written after notice of said such termination of this Lease, to elect to demand a new lease of the Leased premises Project Area of the character and, when executed and delivered and possession of the Leased Premises Project Area is taken thereunder, having the effect hereinafter set forth. Such new lease shall be for a term to commence at the said such termination of this Lease, as in this Section 13.01 provided, Lease and shall have as the date for the expiration thereof the same date stated in this Lease as the date for the expiration thereofExpiration Date hereof. The rent thereof shall be at the same rate as would have been applicable during such term under the provisions of this Lease, had this Lease as the date for the expiration thereof. The rent therefor new lease shall be at the same rate as would have been applicable during such term under the provisions of this Lease, had this Lease not so expired or terminated, and all the rents, covenants, conditions conditions, and provisions of such new lease, including, but not limited to, the conditional limitations set forth in this Lease, shall be the same as the terms, conditions conditions, and provisions of this Lease. If any such Leasehold Mortgagee as aforesaid shall elect to demand such new lease within such 30-ninety (90) day period, such Leasehold Mortgagee shall give written notice to Lessor District of such election; and, thereupon, within ten thirty (1030) days thereafter, Lessor and such Leasehold Mortgagee agree to execute and deliver such new lease upon the terms above set forth, and such Leasehold Mortgagee shall, at the time of the execution and delivery of such new lease, pay to Lessor District all rent and additional rent and other sums Additional Rent due to the District which would have become payable hereunder by Lessee Tenant to Lessor District to the date of the execution and delivery of such new lease, had this Lease not terminated, and which remain unpaid at the time of the execution and delivery of such new lease, together and shall have cured Tenant’s failure to comply with reasonable attorneys fees any terms, provisions, or covenants of this Lease, other than the payment of Additional Rent, which are not personal to Tenant and expenses in connection therewithwhich are reasonably capable of being cured; provided, that if any default by the Tenant shall require more than thirty (30) days to be cured, such thirty (30) day period shall be extended for such longer period as shall be reasonably necessary to cure such default, so long as the Leasehold Mortgagee has commenced to cure the same within such thirty (30) day period and thereafter diligently prosecutes the same until it is cured. Any such new lease as contemplated in this Section 13.07 9(e) may, at the option of the Leasehold Mortgagee, be executed by a nominee of such holder, without the Leasehold Mortgagee assuming the burdens and obligations of Lessee Tenant thereunder beyond the period of its ownership of the leasehold estate created hereby. Any Leasehold Mortgagee In connection with the execution and delivery of less than all any such new lease of the Leased Premises who elects to demand a new lease Project Area pursuant to this section with respect Section 9(e), District shall also convey to such Leasehold Mortgagee (or its nominee or designee), by special warranty deed, xxxx of sale and other appropriate conveyancing documents, all Improvements located on the part of the Leased Premises as to which it has obtained possession shall, as a condition to Lessor's obligation to grant such new lease, agree to guarantee the payment of rental for all of the Leased PremisesNCMC Hospital Parcel.