Common use of Notice to Mortgagee and Ground Lessor Clause in Contracts

Notice to Mortgagee and Ground Lessor. After receiving written notice from any person, firm or other entity that it holds a mortgage which includes the Premises as part of the mortgaged premises, or that it is the ground lessor under a lease with Landlord, as ground lessee, which includes the Premises as a part of the demised premises, no notice from Tenant to Landlord claiming a default by Landlord shall be effective against such holder or ground lessor unless and until a copy of the same is given to such holder or ground lessor, and, with respect to defaults of Landlord which may be the basis for Tenant to terminate this Lease, the curing of any of Landlord’s defaults by such holder or ground lessor within the cure periods afforded to Landlord hereunder (except that such cure period shall be extended for an additional ninety (90) days if such mortgagee or ground lessor elects to obtain possession) shall be treated as performance by Landlord. For the purposes of this Section 9.4 or Section 9.14, the term “mortgage” includes a mortgage on a leasehold interest of Landlord (but not one on Tenant’s leasehold interest). If any mortgage is listed on Exhibit J, then the same shall constitute notice from the holder of such mortgage for the purposes of this Section 9.4. Further no Annual Fixed Rent or Additional Rent may be paid by Tenant more than thirty (30) days in advance except with the prior written consent of all holder(s) of such mortgages and ground leases, and any such payment without such consent shall not be binding on such holder(s).

Notice to Mortgagee and Ground Lessor. (a) After receiving written notice from any person, firm firm, or other entity (or from Landlord on behalf of any such person, etc.) that it holds a mortgage which includes the Premises as part of the mortgaged premises, or that it is the ground lessor under a lease with Landlord, Landlord as ground lessee, lessee which includes the Premises as a part of the premises demised premisesthereunder, no notice from Tenant to Landlord claiming a default by Landlord shall be effective against such holder or ground lessor unless and until a copy of the same is given to such holder or ground lessor, and, with respect to defaults of Landlord which may be the basis for Tenant to terminate this Lease, and the curing of any of Landlord’s defaults by such holder or ground lessor within the cure periods afforded to Landlord hereunder (except that such cure period shall be extended for an additional ninety (90) days if such mortgagee or ground lessor elects to obtain possession) shall be treated as performance by Landlord. For Accordingly, no act or failure to act on the purposes part of Landlord which would entitle Tenant under the terms of this Section 9.4 Lease, or Section 9.14by law, to be relieved of Tenant’s obligations hereunder shall have such an effect unless and until Tenant shall have first given written notice to such holder or ground lessor, if any, specifying the term “mortgage” includes a mortgage act or failure to act on a leasehold interest the part of Landlord which could or would give basis to Tenant’s rights and such holder or ground lessor, after receipt of such notice, has failed or refused to correct or cure the condition complained of within a reasonable time thereafter (but not one on Tenant’s leasehold interestto exceed 180 days in any event). If any mortgage is listed on Exhibit J, then the same shall constitute notice from the holder of such mortgage for the purposes of but nothing contained in this Section 9.4. Further no Annual Fixed Rent 16 or Additional Rent may elsewhere in this Lease shall be paid by Tenant more than thirty (30) days in advance except with the prior written consent of all holder(s) of such mortgages and ground leases, and deemed to impose any obligation on any such payment without holder or ground lessor to correct or cure any such consent shall not be binding on such holder(s)condition.

Notice to Mortgagee and Ground Lessor. After receiving written notice from any person, firm or other entity that it holds a mortgage which includes the Premises or the Garage as part of the mortgaged premises, or that it is the ground lessor under a lease with Landlord, Landlord or the owner of the Garage as ground lessee, which includes the Premises or the Garage as a part of the demised leased premises, no notice from Tenant to Landlord claiming a default by Landlord Landlord, or to the owner or ground lessee, as applicable, of the Garage shall be effective against such holder or ground lessor unless and until a copy of the same is given to such holder or ground lessorlessor at the address as specified in said notice (as it may from time to time be changed), and, with respect to defaults of Landlord which may be the basis for Tenant to terminate this Lease, and the curing of any of Landlord’s defaults by such holder or ground lessor within a reasonable time after such notice (including a reasonable time to obtain possession of the cure periods afforded to Landlord hereunder (except that such cure period shall be extended for an additional ninety (90) days Premises if such the mortgagee or ground lessor elects to obtain possessiondo so) shall be treated as performance by Landlord. For the purposes of this Section 9.4 or Section 9.1416.14, the term “mortgage” includes a mortgage on a leasehold interest of Landlord (but not one on Tenant’s leasehold interest)) or on a leasehold interest of the owner of the Garage. If any mortgage is listed on Exhibit J, G then the same shall constitute notice from the holder of such mortgage for the purposes of this Section 9.4. Further no Annual Fixed Rent or Additional Rent may be paid by Tenant more than thirty (30) days in advance except with the prior written consent of all holder(s) of such mortgages and ground leases, and any such payment without such consent shall not be binding on such holder(s)16.14.

Notice to Mortgagee and Ground Lessor. After receiving written notice (which notice contains an address for such holder or ground lessor from Landlord) that any person, firm or other entity that it holds a mortgage which includes the Premises as part of the mortgaged premises, or that it is the ground lessor under a lease with Landlord, as ground lessee, which includes the Premises as a part of the demised premises, no default or termination notice from Tenant to Landlord claiming a default by Landlord shall be effective against such holder or ground lessor unless and until a copy of the same is given to such holder or ground lessor, and, with respect to defaults of Landlord which may be the basis for Tenant to terminate this Lease, and the curing of any of Landlord’s 's defaults by such holder or ground lessor within the cure periods afforded to Landlord hereunder (except that such cure period shall be extended for an additional ninety (90) days if such mortgagee or ground lessor elects to obtain possession) shall be treated as performance by Landlord. For the purposes of this Section 9.4 13.4, Section 13.5 or Section 9.1413.14, the term “"mortgage” " includes a mortgage on a leasehold interest of Landlord (but not one on Tenant’s 's leasehold interest). If The Tenant agrees that, in the event of foreclosure of any such mortgage or deed of trust to which this Lease is listed on Exhibit Jsubordinate (or deed or assignment in lieu of foreclosure thereof), then at the same election of the holder, provided such holder has agreed or does agree to recognize Tenant's interest hereunder and not to disturb Tenant's occupancy of the Premises, the Tenant shall constitute notice from attorn to such holder (and its successors and assigns) as the successor holder of the Landlord's interest hereunder in which case, subject to any applicable terms and provisions of any written agreement between Tenant and such mortgage for holder, this Lease shall continue in effect all as if it had been a lease entered into directly between Tenant and such holder (and its successors and assigns). The foregoing shall be self-operative; however, the purposes Tenant agrees, upon receipt of this Section 9.4. Further no Annual Fixed Rent or Additional Rent written request so to do, to execute such instruments, if any, as may reasonably be paid by Tenant more than thirty (30) days required in advance except with order to give effect to the prior written consent of all holder(s) of such mortgages and ground leases, and any such payment without such consent shall not be binding on such holder(s)foregoing.

Notice to Mortgagee and Ground Lessor. After receiving written notice (which notice contains an address for such holder or ground lessor from Landlord) that any person, firm or other entity that it holds a mortgage which includes the Premises as part of the mortgaged premises, or that it is the ground lessor under a lease with Landlord, as ground lessee, which includes the Premises as a part of the demised premises, no default or termination notice from Tenant to Landlord claiming a default by Landlord shall be effective against such holder or ground lessor unless and until a copy of the same is given to such holder or ground lessor, and, with respect to defaults of Landlord which may be the basis for Tenant to terminate this Lease, and the curing of any of Landlord’s 's defaults by such holder or ground lessor within the cure periods afforded to Landlord hereunder (except that such cure period shall be extended for an additional ninety (90) days if such mortgagee or ground lessor elects to obtain possession) shall be treated as performance by Landlord. For the purposes of this Section 9.4 13.4, Section 13.5 or Section 9.1413.14, the term “"mortgage” " includes a mortgage on a leasehold interest of Landlord (but not one on Tenant’s 's leasehold interest). If The Tenant agrees that, in the event of foreclosure of any such mortgage or deed of trust to which this Lease is listed on Exhibit Jsubordinate (or deed or assignment in lieu of foreclosure thereof), then at the same election of the holder, provided such holder has agreed or does agree to recognize Xxxxxx's interest hereunder and not to disturb Xxxxxx's occupancy of the Premises, the Tenant shall constitute notice from attorn to such holder (and its successors and assigns) as the successor holder of the Landlord's interest hereunder in which case, subject to any applicable terms and provisions of any written agreement between Xxxxxx and such mortgage for holder, this Lease shall continue in -48- effect all as if it had been a lease entered into directly between Tenant and such holder (and its successors and assigns). The foregoing shall be self-operative; however, the purposes Tenant agrees, upon receipt of this Section 9.4. Further no Annual Fixed Rent or Additional Rent written request so to do, to execute such instruments, if any, as may reasonably be paid by Tenant more than thirty (30) days required in advance except with order to give effect to the prior written consent of all holder(s) of such mortgages and ground leases, and any such payment without such consent shall not be binding on such holder(s)foregoing.