Common use of No Cross Default Clause in Contracts

No Cross Default. The Comprehensive Agreement contemplates that the “Project” (as defined in the Comprehensive Agreement) will be comprised of the “Hotel Component,” the “Boat Storage Component,” the “Public Marina Component” and the “Marina Restaurant Competent” (collectively the “Components” and individually a “Component”)). The Developer has created a separate entity to be the tenant under this Lease and separate entities to be the tenants under separate ground leases with Landlord with respect to the Boat Storage Component (the “Boat Storage Lease”), the Public Marina Component (“Marina Lease”), and the Marina Restaurant Component (the “Restaurant Lease”). The Boat Storage Lease, the Marina Lease and the Restaurant Lease are collectively referred to herein as the “Other Leases” and individually as an “Other Lease”). Landlord and Tenant hereby agree that the rights and obligation under the Comprehensive Agreement shall be bifurcated so that (i) any rights and obligations with respect to the Hotel Component under the Comprehensive Agreement shall only benefit and be required to be performed by the Tenant under this Lease, any obligation under this Lease shall only apply to the Hotel Component under the Comprehensive Agreement, and any breach of the obligations under this Lease or the rights and obligations under the Comprehensive Agreement with respect to the Hotel Component shall not affect or constitute a default under the Other Leases; (ii) any rights and obligations with respect to any Component (other than the Hotel Component) under the Comprehensive Agreement shall only benefit and be required to be performed by the tenant under the applicable Other Lease, any obligation under the applicable Other Lease shall only apply to the applicable Component of such Other Lease under the Comprehensive Agreement, and any breach of the obligations under such Other Lease or the rights and obligations under the Comprehensive Agreement with respect to the Component applicable to such Other Lease shall not affect or constitute a default under this Lease; and (iii) to the extent of any inconsistency between the terms of this Lease and the terms of the Comprehensive Agreement, the terms of this Lease shall prevail and control.

No Cross Default. The Comprehensive Agreement contemplates that the “Project” (as defined in the Comprehensive Agreement) will be comprised 7.6.4.1 Where a portion of the “Hotel Component,” Property has been transferred in accordance with the “Boat Storage Component,” the “Public Marina Component” Assignment provisions of this Agreement and the “Marina Restaurant Competent” (collectively the “Components” and individually a “Component”)). The Developer notice of default has created a separate entity been given by CITY to be the tenant under this Lease and separate entities to be the tenants under separate ground leases with Landlord with respect to the Boat Storage Component (the “Boat Storage Lease”)an Assignee, the Public Marina Component (“Marina Lease”), and the Marina Restaurant Component (the “Restaurant Lease”). The Boat Storage Lease, the Marina Lease and the Restaurant Lease are collectively referred to herein as the “Other Leases” and individually as an “Other Lease”). Landlord and Tenant hereby agree that the rights and obligation under the Comprehensive Agreement shall be bifurcated so that (i) neither LANDOWNER nor any rights and obligations with respect to non-defaulting Assignee shall be liable for the Hotel Component under the Comprehensive Agreement shall only benefit and be required to be performed by the Tenant under this Leasedefault of that Assignee, any obligation under this Lease shall only apply to the Hotel Component under the Comprehensive Agreement, and any breach of the obligations under this Lease or the rights and obligations under the Comprehensive Agreement with respect to the Hotel Component shall not affect or constitute a default under the Other Leases; (ii) any the rights of LANDOWNER and obligations with respect to any Component (other than the Hotel Component) non-defaulting Assignees under the Comprehensive this Agreement shall only benefit and not be required to be performed affected by the tenant under the applicable Other Leasedefault of that Assignee, any obligation under the applicable Other Lease shall only apply to the applicable Component of such Other Lease under the Comprehensive Agreement, and any breach of the obligations under such Other Lease or the rights and obligations under the Comprehensive Agreement with respect to the Component applicable to such Other Lease shall not affect or constitute a default under this Lease; and (iii) CITY shall not be in default or otherwise liable to LANDOWNER or a non-defaulting Assignee because of CITY’s action to declare a default. In no event shall a default of an Assignee of a portion of the extent Property prevent LANDOWNER or non-defaulting Assignees from receiving Building Permits and Subsequent Approvals for the remainder of any inconsistency between the terms of this Lease and Property pursuant to the terms of the Comprehensive Assignment and Assumption Agreement, . In no event shall a default of LANDOWNER prevent Amended and Restated Railyards Development Agreement Revision Date: 10-21-2016 non-defaulting Assignees from receiving Building Permits and Subsequent Approvals for the remainder of the Property pursuant to the terms of the Assignment and Assumption Agreement. 7.6.4.2 Where a portion of the Property has been transferred in accordance with the Assignment provisions of this Lease Agreement and written notice of default has been given by CITY to LANDOWNER, (i) no non-defaulting Assignee shall prevail be liable for the default of LANDOWNER, (ii) the rights of non-defaulting Assignees under this Agreement shall not be affected by the default of LANDOWNER and control(ii) CITY shall not be in default or otherwise liable to non-defaulting Assignees because of CITY’s action to declare a default. In no event shall a default of LANDOWNER prevent non-defaulting Assignees from receiving Building Permits and Subsequent Approvals for the remainder of the Property pursuant to the terms of the Assignment and Assumption Agreement. 7.6.4.3 Notwithstanding Section 7.5, if the CITY certifies to the non-defaulting Parties and Assignees that the default of a defaulting Party or Assignee would prevent or impede the CITY’s performance of its obligations to the non-defaulting Parties and Assignees under this Agreement, then the parties shall bear their own attorneys’ fees, costs, expenses, and disbursements in connection with any arbitration, quasi-judicial, administrative, or judicial proceeding (including appeals), brought by any Party or Assignee to enforce or interpret any covenant or rights or remedies of a Party or Assignee under this Agreement, including any action for declaratory or equitable relief.

No Cross Default. The Comprehensive Agreement contemplates that the “Project” (as defined in the Comprehensive Agreement) will be comprised of the “Hotel Component,” the “Boat Storage Component,” the “Public Marina Component” and the “Marina Restaurant Competent” (collectively the “Components” and individually a “Component”)). The Developer has created a separate entity to be the tenant under this Lease and separate entities to be the tenants under separate ground leases with Landlord with respect to the Boat Storage Component (the “Boat Storage Lease”), the Public Marina Component (“Marina Lease”), and the Marina Restaurant Hotel Component (the “Restaurant Hotel Lease”). The Boat Storage Lease, the Marina Lease and the Restaurant Lease are collectively referred to herein as the “Other Leases” and individually as an “Other Lease”). Landlord and Tenant hereby agree that the rights and obligation under the Comprehensive Agreement shall be bifurcated so that (i) any rights and obligations with respect to the Hotel Marina Restaurant Component under the Comprehensive Agreement shall only benefit and be required to be performed by the Tenant under this Lease, any obligation under this Lease shall only apply to the Hotel Marina Restaurant Component under the Comprehensive Agreement, and any breach of the obligations under this Lease or the rights and obligations under the Comprehensive Agreement with respect to the Hotel Marina Restaurant Component shall not affect or constitute a default under the Other Leases; (ii) any rights and obligations with respect to any Component (other than the Hotel Marina Restaurant Component) under the Comprehensive Agreement shall only benefit and be required to be performed by the tenant under the applicable Other Lease, any obligation under the applicable Other Lease shall only apply to the applicable Component of such Other Lease under the Comprehensive Agreement, and any breach of the obligations under such Other Lease or the rights and obligations under the Comprehensive Agreement with respect to the Component applicable to such Other Lease shall not affect or constitute a default under this Lease; and (iii) to the extent of any inconsistency between the terms of this Lease and the terms of the Comprehensive Agreement, the terms of this Lease shall prevail and control.

No Cross Default. The Comprehensive Agreement contemplates that the “Project” (as defined in the Comprehensive Agreement) will be comprised of the “Hotel Component,” the “Boat Storage Component,” the “Public Marina Component” and the “Marina Restaurant Competent” (collectively the “Components” and individually a “Component”)). The Developer has created a separate entity to be the tenant under this Lease and separate entities to be the tenants under separate ground leases with Landlord with respect to the Boat Storage Hotel Component (the “Boat Storage Hotel Lease”), the Public Marina Component (“Marina Lease”), and the Marina Restaurant Component (the “Restaurant Lease”). The Boat Storage Lease, the Marina Lease and the Restaurant Lease are collectively referred to herein as the “Other Leases” and individually as an “Other Lease”). Landlord and Tenant hereby agree that the rights and obligation under the Comprehensive Agreement shall be bifurcated so that (i) any rights and obligations with respect to the Hotel Boat Storage Component under the Comprehensive Agreement shall only benefit and be required to be performed by the Tenant under this Lease, any obligation under this Lease shall only apply to the Hotel Boat Storage Component under the Comprehensive Agreement, and any breach of the obligations under this Lease or the rights and obligations under the Comprehensive Agreement with respect to the Hotel Boat Storage Component shall not affect or constitute a default under the Other Leases; (ii) any rights and obligations with respect to any Component (other than the Hotel Boat Storage Component) under the Comprehensive Agreement shall only benefit and be required to be performed by the tenant under the applicable Other Lease, any obligation under the applicable Other Lease shall only apply to the applicable Component of such Other Lease under the Comprehensive Agreement, and any breach of the obligations under such Other Lease or the rights and obligations under the Comprehensive Agreement with respect to the Component applicable to such Other Lease shall not affect or constitute a default under this Lease; and (iii) to the extent of any inconsistency between the terms of this Lease and the terms of the Comprehensive Agreement, the terms of this Lease shall prevail and control.

No Cross Default. The Comprehensive Agreement contemplates that the “Project” (as defined in the Comprehensive Agreement) will be comprised of the “Hotel Component,” the “Boat Storage Component,” the “Public Marina Component” and the “Marina Restaurant Competent” (collectively the “Components” and individually a “Component”)). The Developer has created a separate entity to be the tenant under this Lease and separate entities to be the tenants under separate ground leases with Landlord with respect to the Boat Storage Component (the “Boat Storage Lease”), the Public Marina Hotel Component (“Marina Hotel Lease”), and the Marina Restaurant Component (the “Restaurant Lease”). The Boat Storage Lease, the Marina Hotel Lease and the Restaurant Lease are collectively referred to herein as the “Other Leases” and individually as an “Other Lease”). Landlord and Tenant hereby agree that the rights and obligation under the Comprehensive Agreement shall be bifurcated so that (i) any rights and obligations with respect to the Hotel Public Marina Component under the Comprehensive Agreement shall only benefit and be required to be performed by the Tenant under this Lease, any obligation under this Lease shall only apply to the Hotel Public Marina Component under the Comprehensive Agreement, and any breach of the obligations under this Lease or the rights and obligations under the Comprehensive Agreement with respect to the Hotel Public Marina Component shall not affect or constitute a default under the Other Leases; (ii) any rights and obligations with respect to any Component (other than the Hotel Component) under the Comprehensive Agreement shall only benefit and be required to be performed by the tenant under the applicable Other Lease, any obligation under the applicable Other Lease shall only apply to the applicable Component of such Other Lease under the Comprehensive Agreement, and any breach of the obligations under such Other Lease or the rights and obligations under the Comprehensive Agreement with respect to the Component applicable to such Other Lease shall not affect or constitute a default under this Lease; and (iii) to the extent of any inconsistency between the terms of this Lease and the terms of the Comprehensive Agreement, the terms of this Lease shall prevail and control.;