Common use of New Leases and Modifications to Existing Leases Clause in Contracts

New Leases and Modifications to Existing Leases. If Seller desires to (i) enter into any new Lease, (ii) cancel, modify, amend, extend or renew any existing Lease, (iii) consent to any assignment or sublease in connection with any Lease, or (iv) accept any prepayment of rent thereunder (more than thirty (30) days in advance), Seller shall deliver to Buyer written notice of such action, which notice shall contain information regarding the proposed action that Seller believes is reasonably necessary to enable Buyer to make informed decisions with respect to the advisability of the proposed action. Seller shall not be entitled to take such action without Buyer’s prior written consent, which consent will not be unreasonably withheld, conditioned or delayed (and if no response by Buyer is made within three (3) Business Days after Buyer’s receipt of such request and all documents related thereto, such consent shall be deemed to have been granted). If Buyer refuses to consent to the proposed action, Seller nevertheless shall be entitled to execute a short-term Lease that may be terminated, without penalty, upon thirty (30) days (or less) written notice from the owner of the Property. Seller shall promptly provide Buyer with true, correct and complete copies of any Lease, modification, or amendment entered into by Seller. Notwithstanding any provision of this Agreement to the contrary, without any requirement for notice or consent from Buyer, Seller may, but shall not be obligated to, pursue any of its legal rights for contract enforcement (including, but not limited to, commencing a dispossessory action) against any Tenant. Purchase Agreement Property: IC Buckhead, Atlanta GA

New Leases and Modifications to Existing Leases. If Seller desires to (i) enter into any new Lease, (ii) cancel, modify, amend, extend or renew any existing Lease, or (iii) consent to any assignment or sublease in connection with any Lease, or Lease (iv) accept any prepayment of rent thereunder (more than thirty (30) days in advanceto the extent Seller’s consent is required), Seller shall deliver to Buyer written notice of such action, which notice shall contain information regarding the proposed action that Seller believes is reasonably necessary to enable Buyer to make informed decisions with respect to the advisability of the proposed action. Seller shall not be entitled to take such action without Buyer’s prior written consent, which consent will not be unreasonably withheld, conditioned or delayed (and if no response by Buyer is made within three (3) Business Days after Buyer’s receipt of such request and all documents related theretorequest, such consent shall be deemed to have been granted). If Buyer refuses to ; and upon delivery of such written consent to the proposed action, Seller nevertheless shall be entitled to execute a short-term Lease that may be terminated, without penalty, upon thirty (30) days (or less) written notice from such consent has been deemed to have been granted), such Lease or modification thereof shall thereupon be included within the owner definition of the Property“Leases” set forth herein. Seller shall promptly provide Buyer with true, correct true and complete copies of any Lease, modification, or amendment entered into by Seller. Notwithstanding any provision of this Agreement to the contrary, without any requirement for notice or consent from Buyer (but with prior notice to Buyer), Seller may, but shall not be obligated to, pursue any of its legal rights for contract enforcement to enforce any Lease (including, but not limited to, commencing a dispossessory action) action against any Tenant. Purchase Agreement Property: IC Buckhead, Atlanta GA) provided that any such enforcement shall be at Seller’s sole cost and expense and at no liability to Buyer.

New Leases and Modifications to Existing Leases. If Seller desires to (i) enter into any new Lease, (ii) cancel, modify, amend, extend or renew any existing Lease, (iii) consent to any assignment or sublease in connection with any Lease, or (iv) accept any prepayment of rent thereunder (more than thirty (30) days in advance), or (v) take any other material action with respect to any Lease, Seller shall deliver to Buyer written notice of such action, which notice shall contain information regarding the proposed action that Seller believes is reasonably necessary to enable Buyer to make informed decisions with respect to the advisability of the proposed action. Seller shall not be entitled to take such action without Buyer’s 's prior written consent, which consent will not be unreasonably withheld, conditioned or delayed (and if no response by Buyer is made within three five (35) Business Days after Buyer’s 's receipt of such request and all documents related thereto, such consent shall be deemed to have been granted). If Buyer refuses to consent to the proposed action, Seller nevertheless shall be entitled to execute a short-term Lease that may be terminated, without penalty, upon thirty (30) days (or less) written notice from the owner of the Property. Seller shall promptly provide Buyer with true, correct and complete copies of any Lease, modification, or amendment entered into by Seller. Notwithstanding any provision of this Agreement to the contrary, without any requirement for notice or consent from Buyer, Seller may, but shall not be obligated to, pursue take any action with respect to any Lease that the Manager may, without the consent of its legal rights for contract enforcement (includingOwner, but not limited to, commencing a dispossessory action) against any Tenant. Purchase Agreement Property: IC Buckhead, Atlanta GAtake under the Management Agreement.

New Leases and Modifications to Existing Leases. If Seller the Company desires to (i) enter into any new Lease, (ii) cancel, modify, amend, extend or renew any existing Lease or any Ground Lease, (iii) consent to any assignment or sublease in connection with any Lease or any Ground Lease, or (iv) accept any prepayment of rent thereunder (more than thirty (30) days in advance), or (v) take any other material action with respect to any Lease or any Ground Lease, Seller shall deliver to Buyer written notice of such action, which notice shall contain information regarding the proposed action that Seller believes is reasonably necessary to enable Buyer to make informed decisions with respect to the advisability of the proposed action. Seller shall not be entitled permit the Company to take such action without Buyer’s 's prior written consent, which consent will not be unreasonably withheld, conditioned or delayed (and if no response by Buyer is made within three five (35) Business Days after Buyer’s 's receipt of such request and all documents related thereto, such consent shall be deemed to have been granted). If Buyer refuses to consent to the proposed action, Seller nevertheless shall be entitled to execute a short-term Lease that may be terminated, without penalty, upon thirty (30) days (or less) written notice from the owner of the Property. Seller shall promptly provide Buyer with true, correct and complete copies of any Lease, modification, or amendment of a Lease entered into by Sellerthe Company. Notwithstanding any provision of this Agreement to the contrary, without any requirement for notice or consent from Buyer, Seller the Company may, but shall not be obligated to, pursue take any action with respect to any Lease that the Lessee may, without the consent of the Lessor, take under the Hotel Lease Agreement as if it had been in effect in its legal rights for contract enforcement (including, but not limited to, commencing a dispossessory action) against any Tenant. Purchase Agreement Property: IC Buckhead, Atlanta GAcurrent form as of the Effective Date.

New Leases and Modifications to Existing Leases. If Seller desires to (i) enter into any new Lease or Ground Lease, (ii) cancel, modify, amend, extend or renew any existing Lease, (iii) consent to any assignment or sublease in connection with any Lease or Ground Lease, or (iv) accept any prepayment of rent thereunder (more than thirty (30) days in advance), or (v) take any other material action with respect to any Lease or Ground Lease, Seller shall deliver to Buyer written notice of such action, which notice shall contain information regarding the proposed action that Seller believes is reasonably necessary to enable Buyer to make informed decisions with respect to the advisability of the proposed action. Seller shall not be entitled to take such action without Buyer’s prior written consent, which consent will not be unreasonably withheld, conditioned or delayed (and if no response by Buyer is made within three five (35) Business Days after Buyer’s receipt of such request and all documents related thereto, such consent shall be deemed to have been granted). If Buyer refuses to consent to the proposed action, Seller nevertheless shall be entitled to execute a short-term Lease that may be terminated, without penalty, upon thirty (30) days (or less) written notice from the owner of the Property. Seller shall promptly provide Buyer with true, correct and complete copies of any Lease, modification, or amendment entered into by Seller. Notwithstanding any provision of this Agreement to the contrary, without any requirement for notice or consent from Buyer, Seller may, but shall not be obligated to, pursue take any action with respect to any Lease that the Manager may, without the consent of Owner, take under the Management Agreement as if it had been in effect in its legal rights for contract enforcement (including, but not limited to, commencing a dispossessory action) against any Tenant. Purchase Agreement Property: IC Buckhead, Atlanta GAcurrent form as of the Effective Date.

New Leases and Modifications to Existing Leases. If Seller the Company desires to (i) enter into any new Lease or Ground Lease, (ii) cancel, modify, amend, extend or renew any existing Lease or any Ground Lease, (iii) consent to any assignment or sublease in connection with any Lease or any Ground Lease, or (iv) accept any prepayment of rent thereunder (more than thirty (30) days in advance), or (v) take any other material action with respect to any Lease or any Ground Lease, Seller shall deliver to Buyer written notice of such action, which notice shall contain information regarding the proposed action that Seller believes is reasonably necessary to enable Buyer to make informed decisions with respect to the advisability of the proposed action. Seller shall not be entitled permit the Company to take such action without Buyer’s prior written consent, which consent will not be unreasonably withheld, conditioned or delayed (and if no response by Buyer is made within three five (35) Business Days after Buyer’s receipt of such request and all documents related thereto, such consent shall be deemed to have been granted). If Buyer refuses to consent to the proposed action, Seller nevertheless shall be entitled to execute a short-term Lease that may be terminated, without penalty, upon thirty (30) days (or less) written notice from the owner of the Property. Seller shall promptly provide Buyer with true, correct and complete copies of any Lease, modification, or amendment of a Lease entered into by Sellerthe Company. Notwithstanding any provision of this Agreement to the contrary, without any requirement for notice or consent from Buyer, Seller the Company may, but shall not be obligated to, pursue take any action with respect to any Lease that the Lessee may, without the consent of its legal rights for contract enforcement (includingthe Lessor, but not limited to, commencing a dispossessory action) against any Tenant. Purchase take under the Hotel Lease Agreement Property: IC Buckhead, Atlanta GAas if it had been in effect as of the Effective Date.