Common use of Notice to Mortgagees Clause in Contracts

Notice to Mortgagees. In the event of any act or omission by Landlord which would give Tenant the right to damages from Landlord or the right to terminate this Lease by reason of a constructive or actual eviction from all or part of the Leased Premises or otherwise, Tenant shall not sue for such damages or exercise any such right to terminate until (a) xt shall have given written notice of such act or omission to Landlord and to the holder(s) (collectively, the "Landlord's Mortgagee") of the indebtedness or other obligations secured by any first mortgage or first deed of trust affecting the Leased Premises, if the name and address of the Landlord's Mortgagee shall previously have been furnished to Tenant and (b) 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 Landlord's Mortgagee, or either of them, their agents or employees, shall be entitled to enter upon the Leased Premises and do therein whatever may be necessary to remedy such act or omission. During the period after the giving of such notice and during the remedying of such act or omission, the Rent payable by Tenant for such period as provided in this Lease shall be abated and apportioned only to the extent that any part of the Leased Premises shall be untenantable.

Notice to Mortgagees. In the event of any act or omission by Landlord which would give Tenant the right to damages from Landlord or the right to terminate this Lease by reason of a constructive or actual eviction from all or part of the Leased Premises or otherwise, Tenant shall not sue xxx for such damages or exercise any such right to terminate until (a) xt it shall have given written notice of such act or omission to Landlord and to the holder(s) (collectively, the "“Landlord's ’s Mortgagee"”) of the indebtedness or other obligations secured by any first mortgage or first deed of trust affecting the Leased Premises, if the name and address of the Landlord's ’s Mortgagee shall previously have been furnished to Tenant and (b) 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 Landlord's ’s Mortgagee, or either of them, their agents or employees, shall be entitled to enter upon the Leased Premises and do therein whatever may be necessary to remedy such act or omission. During the period after the giving of such notice and during the remedying of such act or omission, the Rent payable by Tenant for such period as provided in this Lease shall be abated and apportioned only to the extent that any part of the Leased Premises shall be untenantable.

Notice to Mortgagees. In the event of any act or omission by Landlord which would give Tenant the right to damages from Landlord or the right to terminate this Lease by reason of a constructive or actual eviction from all or part of the Leased Premises or otherwise, Tenant shall not sue xxx for such damages or exercise any such right to terminate until (a) xt it shall have given written notice of such act or omission to Landlord and to the holder(s) (collectively, the "Landlord's Mortgagee") of the indebtedness or other obligations secured by any first mortgage or first deed of trust affecting the Leased Premises, if the name and address of the Landlord's Mortgagee shall previously have been furnished to Tenant and (b) 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 Landlord's Mortgagee, or either of them, their agents or employees, shall be entitled to enter upon the Leased Premises and do therein whatever may be necessary to remedy such act or omission. During the period after the giving of such notice and during the remedying of such act or omission, the Rent payable by Tenant for such period as provided in this Lease shall be abated and apportioned only to the extent that any part of the Leased Premises shall be untenantable.

Notice to Mortgagees. In A. If required by any current present or future mortgagee, the event Tenant will give prompt written notice of Landlord's default in the performance of its obligations under this Lease to the mortgagee or trustee under any act mortgage and to the lessor under any ground or omission by Landlord which would underlying lease, if the default is of such nature as to (a) give Tenant a right to cancel and terminate this Lease, or (b) reduce the rents, charges or any sums reserved hereunder, or (c) credit or offset any amounts against future rents payable hereunder, provided that Tenant shall not be obligated to give such notice to any such person who shall not have advised Tenant in writing of its status as mortgagee, trustee or lessee, as the case may be, and of the address to which notice should be sent. Any such mortgagee and ground lessor shall have the right to damages from Landlord cure any such Landlord's default within sixty (60) days after the receipt of such notice and no such rights or remedies shall be exercised by Tenant until the expiration of such sixty (60) Days or such additional time as may be reasonably required to cure any such default. B. In reference to any assignment of Landlord's interest in this Lease, or the right to terminate this Lease by reason of a constructive rents, charges, or actual eviction from all or part of the Leased Premises any other sums reserved hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage or ground lease, Tenant shall not sue for such damages or exercise any such right to terminate until acknowledges (a) xt shall have given written notice that the execution thereof by Landlord, and the acceptance thereof by the holder of such act mortgage, or omission to Landlord and to the holder(s) (collectivelyground lessor, the "Landlord's Mortgagee") shall not be treated as an assumption by such holder or ground lessor of any of the indebtedness obligations of Landlord hereunder, unless such holder or other obligations secured ground lessor, by any first mortgage or first deed of trust affecting the Leased Premisesnotice sent to Tenant, if the name and address of the Landlord's Mortgagee shall previously have been furnished to Tenant specifically otherwise elect; and (b) a reasonable period that, except as aforesaid, such holder or ground lessor shall be treated as having assumed Landlord's obligations hereunder only upon foreclosure (or deed in lieu of time for remedying such act or omission shall have elapsed following the giving foreclosure) of such noticeholder's mortgage and the taking of possession of the Premises, during which time Landlord and or, in the case of a ground lessor, the assumption of Landlord's Mortgagee, or either of them, their agents or employees, shall be entitled to enter upon the Leased Premises and do therein whatever may be necessary to remedy position hereunder by such act or omission. During the period after the giving of such notice and during the remedying of such act or omission, the Rent payable by Tenant for such period as provided in this Lease shall be abated and apportioned only to the extent that any part of the Leased Premises shall be untenantableground lessor.