Common use of Obligation of Leasehold Mortgagee to Act Clause in Contracts

Obligation of Leasehold Mortgagee to Act. A Leasehold Mortgagee that does not directly hold an interest in the Leasehold Estate or subleasehold estate (as the case may be), or that holds a Mortgage, shall not have any obligation under this Lease prior to the time that such Leasehold Mortgagee succeeds to absolute title to such estate; and such Leasehold Mortgagee shall be liable to perform obligations under this Lease only for and during the period of time that such Leasehold Mortgagee directly holds such absolute title. Further, in the event that a Leasehold Mortgagee elects to (i) perform Tenant’s obligations under this Lease, (ii) continue Tenant’s or any sublessee’s operations on the Site or the Easement Lands, (iii) acquire any portion of Tenant’s or a sublessee’s right, title or interest in the Site or the Easement Lands or under this Lease or a sublease (as the case may be) or (iv) enter into a new agreement as provided in Section 12(e)(vi), then such Leasehold Mortgagee shall not have any personal liability to Landlord in connection therewith, and Landlord’s sole recourse in the event of default by such Leasehold Mortgagee shall be to execute against such Leasehold Mortgagee’s interest in the Leasehold Estate or subleasehold estate (as the case may be) and the Generating Facility. Moreover, any Leasehold Mortgagee or other party who acquires the Leasehold Estate or subleasehold estate (as the case may be) pursuant to foreclosure or an assignment in lieu of foreclosure shall not be liable to perform any obligations hereunder to the extent the same are incurred or accrue after such Leasehold Mortgagee or other party no longer has ownership of such Leasehold Estate or subleasehold estate. Notwithstanding the foregoing, a Leasehold Mortgagee who elects to take any of the actions described above in (i)–(iv) of this subsection 12(e)(v) shall be liable to Landlord for obligations contained in subsection 7(f) hereof.

Obligation of Leasehold Mortgagee to Act. A Leasehold Mortgagee that does not directly hold an interest in the Leasehold Estate or subleasehold estate (as the case may be)estate, or that holds a Leasehold Mortgage, shall not have any obligation under this Lease Sublease prior to the time that such Leasehold Mortgagee succeeds to absolute title to such estate; and such Leasehold Mortgagee shall be liable to perform obligations under this Lease Sublease only for and during the period of time that such Leasehold Mortgagee directly holds such absolute title. Further, in the event that a Leasehold Mortgagee elects to (i) perform TenantSublandlord’s obligations under this LeaseSublease, (ii) continue Tenant’s or any sublesseeSublandlord’s operations on the Site or the Easement LandsSublease Premises, (iii) acquire any portion of Tenant’s or a sublesseeSublandlord’s right, title or interest in the Site or the Easement Lands Sublease Premises or under this Lease or a sublease (as the case may be) Sublease; or (iv) enter into a new agreement as provided in Section 12(e)(vi)5(b)(vi) of this Exhibit D, then such Leasehold Mortgagee shall not have any personal liability to Landlord Subtenant in connection therewith, and LandlordSubtenant’s sole recourse in the event of default by such Leasehold Mortgagee shall be to execute against such Leasehold Mortgagee’s interest in the Leasehold Estate or subleasehold estate (as the case may be) and the Generating Solar Facility. Moreover, any Leasehold Mortgagee or other party who acquires the Leasehold Estate or subleasehold estate (as the case may be) pursuant to foreclosure or an assignment in lieu of foreclosure shall not be liable to perform any obligations hereunder to the extent the same are incurred or accrue after such Leasehold Mortgagee or other party no longer has ownership of such Leasehold Estate or subleasehold estate. Notwithstanding the foregoing, a Leasehold Mortgagee who elects to take any of the actions described above in (i)–(iv) of this subsection 12(e)(v) shall be liable to Landlord for obligations contained in subsection 7(f) hereof.