Common use of Notice to Mortgagee Clause in Contracts

Notice to Mortgagee. Tenant shall not exercise any right to terminate this Lease by reason of constructive or actual eviction, or in the event of any act or omission by Landlord which would give Tenant the right to terminate this Lease, until (i) Tenant shall have given written notice of such act or omission to the holder of any first mortgage to which this Lease is subject and subordinate (provided the name and address of such holder shall previously have been furnished to Tenant) and (ii) a reasonable period of time for remedying such act or omission shall have elapsed following the giving of such notice, during which Landlord and/or the holder of such mortgage, or their agents or employees, shall be entitled to enter the Premises and remedy such act or omission. During the period between the giving of such notice and the remedying of such act or omission, Rent shall be abated and apportioned to the extent that any part of the Premises shall be untenantable.

Notice to Mortgagee. Tenant shall not exercise any right to terminate ------------------- this Lease by reason of constructive or actual eviction, or in the event of any act or omission by Landlord which would give Tenant the right to terminate this Lease, until (i) Tenant shall have given written notice of such act or omission to the holder of any first mortgage to which this Lease is subject and subordinate (provided the name and address of such holder shall previously have been furnished to Tenant) and (ii) a reasonable period of time for remedying such act or omission shall have elapsed following the giving of such notice, during which Landlord and/or the holder of such mortgage, or their agents or employees, shall be entitled to enter the Premises and remedy such act or omission. During the period between the giving of such notice and the remedying of such act or omission, Rent shall be abated and apportioned to the extent that any part of the Premises shall be untenantable.

Notice to Mortgagee. Tenant shall not exercise any right to terminate this Lease by reason of constructive or actual eviction, or in In the event of any act or omission by Landlord which would give Tenant the right to damages or terminate this LeaseLease by reason of a constructive or actual eviction from all or part of the Premises, Tenant shall not commence action or terminate until (i) Tenant it shall have given written notice of such act or omission to Landlord and the holder of any the indebtedness or other obligation secured by a first mortgage to which this Lease is subject and subordinate (provided or first deed of trust affecting the Building, if the name and address of such holder shall has previously have been furnished to Tenant) , and (ii) until a reasonable period of time for remedying such act or omission shall have elapsed following the giving of such notice, during which time Landlord and/or the holder of rd and such mortgageholder, or either of them, their agents or employees, shall be entitled to enter the Premises and do whatever may be necessary to remedy such act or omission. During the period between following the giving of such notice and during the remedying of such act or omission, Rent the rent shall be abated and apportioned only to the extent that any part of the Premises shall be untenantable.

Notice to Mortgagee. Tenant shall not exercise any right to terminate this Lease by reason of constructive or actual eviction, or in In the event of any act or omission by Landlord which would give Tenant the right to damages or terminate this LeaseLease by reason of a constructive or actual eviction from all or part of the Premises, Tenant shall not commence action or terminate until (i) Tenant it shall have given written notice of such act or omission to Landlord and the holder of any the indebtedness or other obligation secured by a first mortgage to which this Lease is subject and subordinate (provided or first deed of trust affecting the Building, if the name and address of such holder shall has previously have been furnished to Tenant) , and (ii) until a reasonable period of time for remedying such act or omission shall have elapsed following the giving of such notice, during which time Landlord and/or the holder of and such mortgageholder, or either of them, their agents or employees, shall be entitled to enter the Premises and do whatever may be necessary to remedy such act or omission. During the period between following the giving of such notice and during the remedying of such act or omission, Rent the rent shall be abated and apportioned only to the extent that any part of the Premises shall be untenantableuntenable.