No Release of Tenant’s Obligations. Neither any assignment of this Lease nor any sublease shall relieve Tenant of its obligation to pay the Rent and to perform all of its other obligations hereunder, except as expressly provided herein to the contrary. The liability of Tenant and any immediate and remote successor in interest of Tenant (by assignment or otherwise), and the due performance of the obligations of this Lease on Tenant’s part to be performed or observed, shall not in any way be discharged, excused, released or impaired by any (a) stipulation which extends the time within which an obligation under this Lease is to be performed, (b) waiver of the performance of an obligation required under this Lease that is not entered into for the benefit of Tenant or such successor, or (c) failure to enforce any of the obligations set forth in this Lease. For the avoidance of doubt, the Landlord Option and all obligations of Tenant with respect to any Landlord Option Property, and all obligations of Tenant in connection with the exercise of any Renewal Option, shall in each case continue to apply to Tenant with full force and effect and Tenant shall be fully liable with respect thereto.
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Samples: Distribution Center Master Lease (Copper Property CTL Pass Through Trust), Retail Master Lease (Copper Property CTL Pass Through Trust), Retail Master Lease (J C Penney Co Inc)
No Release of Tenant’s Obligations. Neither any No assignment of this Lease nor any sublease or subletting shall relieve Tenant or subsequent transferee of its obligation to pay the Rent and to perform all of its the other obligations to be performed by Tenant hereunder, except as expressly provided herein to the contraryherein. The liability of Tenant and any immediate and remote successor in interest of Tenant (by assignment or otherwise), and the due performance of the obligations of this Master Lease on Tenant’s part to be performed or observed, shall not in any way be discharged, excused, released or impaired by any (ai) stipulation which extends the time within which an obligation under this Master Lease is to be performed, (bii) waiver of the performance of an obligation required under this Master Lease that is not entered into for the benefit of Tenant or such successor, or (ciii) failure to enforce any of the obligations set forth in this Master Lease; provided, that Tenant shall not be responsible for any additional obligations or liability arising as the result of any modification, amendment or renewal of this Master Lease by Landlord and any assignee of Tenant that is not an Affiliate of Tenant. For the avoidance of doubt, the all rights and options of Landlord Option and all obligations of Tenant with respect to any Landlord Option Nonprofitable Property, Recapture Space or Additional Recapture Space, and all obligations of Tenant in connection with pursuant to the exercise of any options with respect to any Renewal OptionTerms, shall in each case continue to apply to Tenant with full force and effect and Tenant shall be fully liable with respect thereto.
Appears in 3 contracts
Samples: Master Lease (Sears Holdings Corp), Master Lease (Seritage Growth Properties), Master Lease (Seritage Growth Properties)
No Release of Tenant’s Obligations. Neither any No assignment of this Lease nor any sublease or subletting shall relieve Tenant or subsequent transferee of its obligation to pay the Rent and to perform all of its the other obligations to be performed by Tenant hereunder, except as expressly provided herein to the contraryherein. The liability of Tenant and any immediate and remote successor in interest of Tenant (by assignment or otherwise), and the due performance of the obligations of this Master Lease on Tenant’s part to be performed or observed, shall not in any way be discharged, excused, released or impaired by any (ai) stipulation which extends the time within which an obligation under this Master Lease is to be performed, (bii) waiver of the performance of an obligation required under this Master Lease that is not entered into for the benefit of Tenant or such successor, or (ciii) failure to enforce any of the obligations set forth in this Master Lease; provided, that Tenant shall not be responsible for any additional obligations or liability arising as the result of any modification, amendment or renewal of this Master Lease by Landlord and any assignee of Tenant that is not an Affiliate of Tenant. For the avoidance of doubt, the all rights and options of Landlord Option and all obligations of Tenant with respect to any Landlord Option Terminated Property, Recapture Space or Additional Recapture Space, and all obligations of Tenant in connection with pursuant to the exercise of any options with respect to any Renewal OptionTerms, shall in each case continue to apply to Tenant with full force and effect and Tenant shall be fully liable with respect thereto.
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No Release of Tenant’s Obligations. Neither any No assignment (other than a permitted transfer pursuant to this Article XXII, in connection with a sale or assignment of this Lease nor any sublease the entire Leasehold Estate), subletting or management agreement shall relieve Tenant of its obligation to pay the Rent and to perform all of its the other obligations hereunder, except as expressly provided herein to the contrarybe performed by Tenant hereunder or reduce any such obligations. All obligations and other terms of this Lease applicable to Tenant and Tenant’s activities and properties shall also apply to each assignee of this Lease. The liability of Tenant and any immediate and remote successor in interest of Tenant (by assignment or otherwise), and the due performance of the obligations of this Lease on Tenant’s part to be performed or observed, shall not in any way be discharged, excused, released or impaired by any (ai) stipulation which extends the time within which an obligation under this Lease is to be performed, (bii) waiver of the performance of an obligation required under this Lease that is not entered into for the benefit of Tenant or such successor, or (ciii) failure to enforce any of the obligations set forth in this Lease. For , provided, that Tenant shall not be responsible for any additional obligations or liability arising as the avoidance result of doubt, the any modification or amendment of this Lease by Landlord Option and all obligations any permitted assignee of Tenant with respect to any Landlord Option Property, and all obligations that is not an Affiliate of Tenant in connection with the exercise of any Renewal Option, shall in each case continue to apply to Tenant with full force and effect and Tenant shall be fully liable with respect theretoTenant.
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