Common use of Notices to Mortgagee Clause in Contracts

Notices to Mortgagee. a. If Tenant shall have granted any Leasehold Mortgage and if the Leasehold Mortgagee thereunder shall have given to Landlord written notice substantially in the form provided in Section 28.10(b) below, Landlord shall give to Leasehold Mortgagee a copy of any and all notices of default or of the occurrence of an Event of Default from time to time given to Tenant by Landlord at the same time as and whenever any such notice shall thereafter be given by Landlord to Tenant, addressed to such Leasehold Mortgagee at the address last furnished to Landlord. No such notice by Landlord shall be deemed to have been given to Tenant unless and until a copy thereof shall have been so given to Leasehold Mortgagee. Further, in the event Tenant shall not have remedied such default within the applicable cure period therefore under this Lease, Landlord shall deliver to Leasehold Mortgagee a further written notice regarding such failure to remedy by Xxxxxx. Following any failure to cure by Xxxxxx, Leasehold Mortgagee shall have the cure rights set forth in Section 28.11 below. Any such notices to Leasehold Mortgagee shall be given in the same manner as provided in Article 38 of this Lease. b. The Leasehold Mortgagee under any Leasehold Mortgage shall be entitled to receive notices from time to time given to Tenant by Landlord under this Lease in accordance with Section 28.10(a) above provided such Leasehold Mortgagee shall have delivered a notice to Landlord in substantially the following form: “The undersigned does hereby certify that it is a Leasehold Mortgagee, as such term is defined in that certain Lease entered into by and between the United States Department of the Interior, acting through the National Park Service, an agency of the United States of America, Golden Gate National Recreation Area, a unit of the National Park Service, acting through the Regional Director, hereinafter, together with his or her successor or successors in office and his or her and their duly appointed representatives, as Landlord, and , a , as Tenant (the “Lease”), of Xxxxxx’s interest in the Lease demising the parcels, a legal description of which is attached hereto as Exhibit A and made a part hereof by this reference. The undersigned hereby requests that copies of any and all notices from time to time given under the Lease to Tenant by Landlord be sent to the undersigned at the following address: c. The Leasehold Mortgagee shall be entitled to written notice by Landlord and Tenant of, and shall have the right to intervene in, any arbitration or other legal proceeding between Landlord and Tenant pertaining to this Lease or the rights, duties or obligations of the parties under this Lease. d. Tenant shall not claim any offset against any amount owing to Landlord under this Lease without prior written notice and consent of each Leasehold Mortgagee whose consent is required pursuant to the terms of its Leasehold Mortgage. e. If Tenant shall have granted any Leasehold Mortgage and if the Leasehold Mortgagee thereunder shall have given to Landlord written notice substantially in the form provided in Section 28.10(b) above, notwithstanding anything to the contrary in Section 44.2 below, so long as any such Leasehold Mortgage shall remain unsatisfied of record, such Leasehold Mortgagee shall be a third party beneficiary of this Lease solely with respect to the rights and obligations given to a Leasehold Mortgagee in this Lease and for no other purpose whatsoever.

Notices to Mortgagee. a. 28.12.1. If Tenant Lessee shall have granted any Leasehold Mortgage and if the Leasehold Mortgagee thereunder shall have given to Landlord Lessor written notice substantially in the form provided in Section 28.10(b) 28.12.2 below, Landlord Lessor shall give to Leasehold Mortgagee a copy of any and all notices of default or of the occurrence of an Event of Default from time to time given to Tenant Lessee by Landlord Lessor at the same time as and whenever any such notice shall thereafter be given by Landlord Lessor to TenantLessee, addressed to such Leasehold Mortgagee at the address last furnished to LandlordLessor. No such notice by Landlord Lessor shall be deemed to have been given to Tenant Lessee unless and until a copy thereof shall have been so given to Leasehold Mortgagee. Further, in the event Tenant shall not have remedied such default within the applicable cure period therefore under this Lease, Landlord shall deliver to Leasehold Mortgagee a further written notice regarding such failure to remedy by Xxxxxx. Following any failure to cure by Xxxxxx, Leasehold Mortgagee shall have the cure rights set forth in Section 28.11 below. Any such notices to Leasehold Mortgagee shall be given in the same manner as provided in Article 38 Section 39 of this Lease. b. 28.12.2. The Leasehold Mortgagee under any Leasehold Mortgage shall be entitled to receive notices from time to time given to Tenant Lessee by Landlord Lessor under this Lease in accordance with Section 28.10(a) 28.12.1 above provided such Leasehold Mortgagee shall have delivered a notice to Landlord Lessor in substantially the following form: “The undersigned does hereby certify that it is a Leasehold Mortgagee, as such term is defined in that certain Lease entered into by and between the United States Department of the Interior, National Park Service acting through the National Park ServiceRegional Director, Pacific West Region, an agency of the United States of America, Golden Gate National Recreation Areaas Lessor, a unit of the National Park Service, acting through the Regional Director, hereinafter, together with his or her successor or successors in office and his or her and their duly appointed representatives______________________, as Landlord, and , a , as Tenant Lessee (the “Lease”), of XxxxxxLessee’s interest in the Lease demising the parcels, a legal description of which is attached hereto as Exhibit A and made a part hereof by this reference. The undersigned hereby requests that copies of any and all notices from time to time given under the Lease to Tenant Lessee by Landlord Lessor be sent to the undersigned at the following address:: _________________________.” c. 28.12.3. The Leasehold Mortgagee shall be entitled to written notice by Landlord Lessor and Tenant Lessee of, and shall have the right to intervene in, any arbitration or other legal proceeding between Landlord Lessor and Tenant Lessee pertaining to this Lease or the rights, duties or obligations of the parties under this Lease. d. Tenant shall not claim any offset against any amount owing to Landlord under this Lease without prior written notice and consent of each Leasehold Mortgagee whose consent is required pursuant to the terms of its Leasehold Mortgage. e. If Tenant shall have granted any Leasehold Mortgage and if the Leasehold Mortgagee thereunder shall have given to Landlord written notice substantially in the form provided in Section 28.10(b) above, notwithstanding anything to the contrary in Section 44.2 below, so long as any such Leasehold Mortgage shall remain unsatisfied of record, such Leasehold Mortgagee shall be a third party beneficiary of this Lease solely with respect to the rights and obligations given to a Leasehold Mortgagee in this Lease and for no other purpose whatsoever.