Common use of Obligations and Remedies Clause in Contracts

Obligations and Remedies. If Lender shall become the owner of the Mortgaged Premises or the Mortgaged Premises shall be sold by reason of non-judicial or judicial foreclosure or other proceedings brought to enforce the Security Instrument or the Mortgaged Premises shall be conveyed by deed in lieu of foreclosure, Lender or other purchaser of the Mortgaged Premises, as the case may be, shall have the same remedies by entry, action or otherwise in the event of any default by Tenant (beyond any period given Tenant to cure such default) in the payment of rent or additional rent or in the performance of any of the other terms, covenants and conditions of the Lease on Tenant's part to be performed that Landlord had or would have had if Lender or such purchaser had not succeeded to the interest of Landlord. Upon attornment by Tenant as provided herein, Lender or such purchaser shall be bound to Tenant under all the terms, covenants and conditions of the Lease and Tenant shall have the same remedies against Lender or such purchaser for the breach of an agreement contained in the Lease that Tenant might have had under the Lease against Landlord if Lender or such purchaser had not succeeded to the interest of Landlord; provided, however, that Lender or such purchaser shall not be liable or bound to Tenant:

Appears in 2 contracts

Samples: Office Lease Agreement (Ilex Oncology Inc), Lease Agreement (Advancepcs)

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Obligations and Remedies. If Lender shall become the owner of the Mortgaged Premises or the Mortgaged Premises shall be sold by reason of non-judicial or judicial foreclosure or other proceedings brought to enforce the Security Instrument or the Mortgaged Premises shall be conveyed by deed in lieu of foreclosure, Lender or other purchaser of the Mortgaged Premises, as the case may be, shall have the same remedies by entry, action or otherwise in the event of any default by Tenant (beyond any period given Tenant to cure such default) in the payment of rent or additional rent or in the performance of any of the other terms, covenants and conditions of the Lease on TenantXxxxxx's part to be performed that Landlord had or would have had if Lender or such purchaser had not succeeded to the interest of Landlord. Upon attornment by Tenant as provided herein, Lender or such purchaser shall be bound to Tenant under all the terms, covenants and conditions of the Lease and Tenant shall have the same remedies against Lender or such purchaser for the breach of an agreement contained in the Lease that Tenant might have had under the Lease against Landlord if Lender or such purchaser had not succeeded to the interest of Landlord; provided, however, that Lender or such purchaser shall not be liable or bound to Tenant:

Appears in 1 contract

Samples: Office Lease Agreement (Optium Corp)

Obligations and Remedies. If Lender shall become the owner of the ------------------------ Mortgaged Premises or the Mortgaged Premises shall be sold by reason of non-non- judicial or judicial foreclosure or other proceedings brought to enforce the Security Instrument or the Mortgaged Premises shall be conveyed by deed in lieu of foreclosure, Lender or other purchaser of the Mortgaged Premises, as the case may be, shall have the same remedies by entry, action or otherwise in the event of any default by Tenant (beyond any period given Tenant to cure such default) in the payment of rent or additional rent or in the performance of any of the other terms, covenants and conditions of the Lease on Tenant's part to be performed that Landlord had or would have had if Lender or such purchaser had not succeeded to the interest of Landlord. Upon attornment by Tenant as provided herein, Lender or such purchaser shall be bound to Tenant under all the terms, covenants and conditions of the Lease and Tenant shall have the same remedies against Lender or such purchaser for the breach of an agreement contained in the Lease that Tenant might have had under the Lease against Landlord if Lender or such purchaser had not succeeded to the interest of Landlord; provided, however, that Lender or such purchaser shall not be liable or bound to Tenant:

Appears in 1 contract

Samples: Lease Agreement (Lifeminders Inc)

Obligations and Remedies. If Lender shall become the owner of the Mortgaged Premises or the Mortgaged Premises shall be sold by reason of non-judicial or judicial foreclosure or other proceedings brought to enforce the Security Instrument or the Mortgaged Premises shall be conveyed by deed in lieu of foreclosure, Lender or other purchaser of the Mortgaged Premises, as the case may be, shall have the same remedies by entry, action or otherwise in the event of any default by Tenant Lessee (beyond any period given Tenant Lessee to cure such default) in the payment of rent or additional rent or in the performance of any of the other terms, covenants and conditions of the Lease on TenantLessee's part to be performed that Landlord Lessor had or would have had if Lender or such purchaser had not succeeded to the interest of LandlordLessor. Upon attornment by Tenant Lessee as provided herein, Lender or such purchaser shall be bound to Tenant Lessee under all the terms, covenants and conditions of the Lease and Tenant Lessee shall have the same remedies against Lender or such purchaser for the breach of an agreement contained in the Lease that Tenant Lessee might have had under the Lease against Landlord Lessor if Lender or such purchaser had not succeeded to the interest of LandlordLessor; provided, however, that Lender or such purchaser shall not be liable or bound to TenantLessee:

Appears in 1 contract

Samples: Office Lease (PMC Sierra Inc)

Obligations and Remedies. If Lender shall become the owner of the Mortgaged Premises or the Mortgaged Premises shall be sold by reason of non-judicial or judicial foreclosure or other proceedings brought to enforce the Security Instrument Deed of Trust or the Mortgaged Premises shall be conveyed by deed in lieu of foreclosure, Lender or other purchaser of the Mortgaged Premises, as the case may be, shall have the same remedies by entry, action or otherwise in the event of any default by Tenant (beyond any period given Tenant to cure such default) in the payment of rent or additional rent or in the performance of any of the other terms, covenants and conditions of the Lease on Tenant's ’s part to be performed that Landlord had or would have had if Lender or such purchaser had not succeeded to the interest of Landlord. Upon attornment by Tenant as provided herein, Lender or such purchaser shall be bound to Tenant under all the terms, covenants and conditions of the Lease and Tenant shall have the same remedies against Lender or such purchaser for the breach of an agreement contained in the Lease that Tenant might have had under the Lease against Landlord if Lender or such purchaser had not succeeded to the interest of Landlord; provided, however, that Lender or such purchaser shall not be liable or bound to Tenant:

Appears in 1 contract

Samples: Industrial Lease Agreement (Tandy Brands Accessories Inc)

Obligations and Remedies. If Lender shall become the owner of the Mortgaged Premises or the Mortgaged Premises shall be sold by reason of non-non judicial or judicial foreclosure or other proceedings brought to enforce the Security Instrument or the Mortgaged Premises shall be conveyed by deed in lieu of foreclosure, Lender or other purchaser of the Mortgaged Premises, as the case may be, shall have the same remedies by entry, action or otherwise in the event of any default by Tenant (beyond any period given Tenant to cure such default) in the payment of rent or additional rent or in the performance of any of the other terms, covenants and conditions of the Lease on Tenant's ’s part to be performed that Landlord had or would have had if Lender or such purchaser had not succeeded to the interest of Landlord. Upon attornment by Tenant as provided herein, Lender or such purchaser shall be bound to Tenant under all the terms, covenants and conditions of the Lease and Tenant shall have the same remedies against Lender or such purchaser for the breach of an agreement contained in the Lease that Tenant might have had under the Lease against Landlord if Lender or such purchaser had not succeeded to the interest of Landlord; provided, however, that Lender or such purchaser shall not be liable or bound to Tenant:

Appears in 1 contract

Samples: Lease Agreement (Realpage Inc)

Obligations and Remedies. If Lender shall become the owner of the Mortgaged Premises or the Mortgaged Premises shall be sold by reason of non-judicial nonjudicial or judicial foreclosure or other proceedings brought to enforce the Security Instrument Deed of Trust or the Mortgaged Premises shall be conveyed by deed in deed-in-lieu of foreclosureforeclosures, Lender or other purchaser of the Mortgaged Premises, as the case may be, shall have the same remedies by entry, action or otherwise in the event of any default by Tenant (beyond any the period given Tenant to cure such default) in the payment of rent or additional rent or in the performance of any of the other terms, covenants and conditions of the Lease on Tenant's part to be performed that Landlord had or would have had if Lender or such purchaser had not succeeded to the interest of Landlord. Upon attornment by Tenant as provided herein, Lender or such purchaser shall be bound to Tenant under all the terms, covenants and conditions of the Lease and Tenant shall have the same remedies against Lender or such purchaser for the breach of an agreement contained in the Lease that Tenant might have had under the Lease against Landlord if Lender or such purchaser had not succeeded to the interest of Landlord; provided, however, that Lender or such purchaser shall not be liable or bound to Tenant:had

Appears in 1 contract

Samples: Letter Agreement (Excite Inc)

Obligations and Remedies. If Lender shall become the owner of the Mortgaged Premises or the Mortgaged Premises shall be sold by reason of non-judicial or judicial foreclosure or other proceedings brought to enforce the Security Instrument or the Mortgaged Premises shall be conveyed by deed in lieu of foreclosure, Lender or other purchaser of the Mortgaged Premises, as the case may be, shall have the same remedies by entry, action or otherwise in the event of any default by Tenant (beyond any period given Tenant to cure such default) in the payment of rent or additional rent Rent or in the performance of any of the other terms, covenants and conditions of the Lease on Tenant's ’s part to be performed that Landlord had or would have had if Lender or such purchaser had not succeeded to the interest of Landlord. Upon attornment by Tenant as provided herein, Lender or such purchaser shall be bound to Tenant under all the terms, covenants and conditions of the Lease and Tenant shall have the same remedies against Lender or such purchaser for the breach of an agreement contained in the Lease that Tenant might have had under the Lease against Landlord if Lender or such purchaser had not succeeded to the interest of Landlord; provided, however, that Lender or such purchaser shall not be liable or bound to Tenant:

Appears in 1 contract

Samples: Lease Agreement (3d Systems Corp)

Obligations and Remedies. If Lender shall become the owner of the Mortgaged Premises or the Mortgaged Premises shall be sold by reason of non-judicial or judicial foreclosure or other proceedings brought to enforce the Security Instrument or the Mortgaged Premises shall be conveyed by deed in lieu of foreclosure, Lender or of other purchaser of the Mortgaged Premises, as the case may be, shall have the same remedies by entry, action or otherwise in the event of any default by Tenant (beyond any period given Tenant to cure such default) in the payment of rent or additional rent or in the performance of any of the other terms, covenants and conditions of the Lease on Tenant's part to be performed that Landlord had or would have had if Lender or such purchaser had not succeeded to the interest of Landlord. Upon attornment by Tenant as provided herein, Lender or such purchaser shall be bound to Tenant under all the terms, covenants and conditions of the Lease and Tenant shall have the same remedies against Lender or such purchaser for the breach of an agreement contained in the Lease that Tenant might have had under the Lease Least against Landlord if Lender or such purchaser had not succeeded to the interest of Landlord; provided, provided however, that Lender or such purchaser shall not be liable or bound to Tenant:

Appears in 1 contract

Samples: Deed of Lease (National Information Group)

Obligations and Remedies. If Lender shall become the owner of the Mortgaged Premises Property or the Mortgaged Premises Property shall be sold by reason of non-judicial or judicial foreclosure or other proceedings brought to enforce a Foreclosure Transfer, the Security Instrument or the Mortgaged Premises shall be conveyed by deed in lieu of foreclosure, Lender or other purchaser of the Mortgaged Premises, as the case may be, Foreclosure Transferee shall have the same remedies by entry, action or otherwise in the event of any default by Tenant (beyond any period given Tenant to cure such default) in the payment of rent or additional rent or in the performance of any of the other terms, covenants and conditions of the Lease on Tenant's part to be performed that Landlord had or would have had if Lender or such purchaser the Foreclosure Transferee had not succeeded to the interest of Landlord. Upon upon attornment by Tenant as provided herein, Lender or such purchaser the Foreclosure Transferee shall be bound to Tenant under all the terms, covenants and conditions of the Lease and Tenant shall have the same remedies against Lender or such purchaser the Foreclosure Transferee for the breach of an agreement contained in the Lease that Tenant might have had under the Lease against Landlord if Lender or such purchaser the Foreclosure Transferee had not succeeded to the interest of Landlord; provided, however, that Lender or such purchaser the Foreclosure Transferee shall not be liable or bound to Tenant:

Appears in 1 contract

Samples: Construction Loan Agreement (Stratus Properties Inc)

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Obligations and Remedies. If Lender shall become the owner of the Mortgaged Premises Property or the Mortgaged Premises Property shall be sold by reason of non-judicial or judicial foreclosure or other proceedings brought to enforce a Foreclosure Transfer, the Security Instrument or the Mortgaged Premises shall be conveyed by deed in lieu of foreclosure, Lender or other purchaser of the Mortgaged Premises, as the case may be, Foreclosure Transferee shall have the same remedies by entry, action or otherwise in the event of any default by Tenant (beyond any period given Tenant to cure such default) in the payment of rent or additional rent or in the performance of any of the other terms, covenants and conditions of the Lease on Tenant's ’s part to be performed that Landlord had or would have had if Lender or such purchaser the Foreclosure Transferee had not succeeded to the interest of Landlord. Upon attornment by Tenant as provided herein, Lender or such purchaser the Foreclosure Transferee shall be bound to Tenant under all the terms, covenants and conditions of the Lease and Tenant shall have the same remedies against Lender or such purchaser the Foreclosure Transferee for the breach of an agreement contained in the Lease that Tenant might have had under the Lease against Landlord if Lender or such purchaser the Foreclosure Transferee had not succeeded to the interest of Landlord; provided, however, that Lender or such purchaser the Foreclosure Transferee shall not be liable or bound to Tenant:

Appears in 1 contract

Samples: Office Lease (Plains Capital Corp)

Obligations and Remedies. If Lender Mortgagee shall become the owner of the Mortgaged Premises or if the Mortgaged Premises shall be sold by reason of non-judicial or judicial foreclosure or other proceedings brought to enforce the Security Instrument Mortgage or if the Mortgaged Premises shall be conveyed by deed in lieu of foreclosure, Lender then in any such event Mortgagee or other such purchaser of the Mortgaged Premises, (as the case may be, ) shall have the same remedies by entry, action or otherwise in the event of any default by Tenant (beyond any period given Tenant to cure such default) in the payment of rent or additional rent or in the performance of any of the other terms, covenants and conditions of the Lease on Tenant's part to be performed that Landlord had or would have had if Lender Mortgagee or such purchaser had not succeeded to the interest of Landlord. Upon attornment by Tenant as provided hereinin Paragraph 3 above, Lender Mortgagee or such purchaser shall be bound to Tenant under all the terms, covenants and conditions of the Lease and Tenant shall have the same remedies against Lender Mortgagee or such purchaser for the breach of an agreement contained in the Lease that Tenant might have had under the Lease against Landlord if Lender Mortgagee or such purchaser had not succeeded to the interest of Landlord; provided, however, that Lender Mortgagee or such purchaser shall not be liable or bound to Tenant:

Appears in 1 contract

Samples: Office Lease (Nextcard Inc)

Obligations and Remedies. If Lender shall become the owner of the Mortgaged Premises or the Mortgaged Premises shall be sold by reason of non-non- judicial or judicial foreclosure or other proceedings brought to enforce the Security Instrument or the Mortgaged Premises shall be conveyed by deed in lieu of foreclosure, Lender or other purchaser of the Mortgaged Premises, as the case may be, shall have the same remedies by entry, action or otherwise in the event of any default by Tenant (beyond any period given Tenant to cure such default) in the payment of rent or additional rent or in the performance of any of the other terms, covenants and conditions of the Lease on Tenant's part to be performed that Landlord had or would have had if Lender or such purchaser had not succeeded to the interest of Landlord. Upon attornment by Tenant as provided herein, Lender or such purchaser shall be bound to Tenant under all the terms, covenants and conditions of the Lease and Tenant shall have the same remedies against Lender or such purchaser for the breach of an agreement contained in the Lease that Tenant might have had under the Lease against Landlord if Lender or such purchaser had not succeeded to the interest of Landlord; provided, however, that Lender or such purchaser shall not be liable or bound to Tenant:

Appears in 1 contract

Samples: Office Lease Agreement (Intuit Inc)

Obligations and Remedies. If Lender shall become the owner of the Mortgaged Premises Property or the Mortgaged Premises Property shall be sold by reason of non-judicial or judicial foreclosure or other proceedings brought to enforce the Security Instrument Mortgage or the Mortgaged Premises Property shall be conveyed by deed in lieu of foreclosure, Lender or other purchaser of the Mortgaged PremisesProperty, as the case may be, shall have the same remedies by entry, action or otherwise in the event of any default by Tenant (beyond any period given Tenant to cure such default) in the payment of rent or additional rent or in the performance of any of the other terms, covenants and conditions of the Lease on Tenant's ’s part to be performed that Landlord had or would have had if Lender or such purchaser had not succeeded to the interest of Landlord. Upon attornment by Tenant as provided herein, Lender or such purchaser shall be bound to Tenant under all the terms, covenants and conditions of the Lease and Tenant shall have the same remedies against Lender or such purchaser for the breach of an agreement contained in the Lease that Tenant might have had under the Lease against Landlord if Lender or such purchaser had not succeeded to the interest of Landlord; provided, however, that Lender or such purchaser shall not be liable or bound to Tenant:

Appears in 1 contract

Samples: Lease Agreement (Efj Inc)

Obligations and Remedies. If Lender shall become the owner of the Mortgaged Premises or the Mortgaged Premises shall be sold by reason of non-judicial or judicial foreclosure or other proceedings brought to enforce the Security Instrument or the Mortgaged Premises shall be conveyed by deed in lieu of foreclosure, Lender or other purchaser of the Mortgaged Premises, as the case may be, shall have the same remedies by entry, action or otherwise in the event of any default by Tenant (beyond any period given Tenant to cure such default) in the payment of rent or additional rent or in the performance of any of the other terms, covenants and conditions of the Lease on Tenant's ’s part to be performed that Landlord had or would have had if Lender or such purchaser had not succeeded to the interest of Landlord. Upon attornment by Tenant as provided herein, Lender or such purchaser shall be bound to Tenant under all the terms, covenants and conditions of the Lease and Tenant shall have the same remedies against Lender or such purchaser for the breach of an agreement contained in the Lease that Tenant might have had under the Lease against Landlord if Lender or such purchaser had not succeeded to the interest of Landlord; provided, however, that in the event of any conflict or inconsistency between the provisions of the Security Instrument and the provisions of the Lease, the provisions of the Security Instrument shall govern, including, without limitation, with respect to the disposition of any casualty insurance proceeds or condemnation awards. In addition, Lender or such purchaser who is ~in affiliate of Lender shall not be liable or bound to Tenant:

Appears in 1 contract

Samples: Lease Agreement (Atx Group Inc)

Obligations and Remedies. If Lender shall become the owner of the Mortgaged Premises or the Mortgaged Premises shall be sold by reason of non-judicial nonjudicial or judicial foreclosure or other proceedings brought to enforce the Security Instrument Deed of Trust or the Mortgaged Premises shall be conveyed by deed in deed-in-lieu of foreclosure, Lender or other purchaser of the Mortgaged Premises, as the case may be, shall have the same remedies by entry, action or otherwise in the event of any default by Tenant Assignee (beyond any the period given Tenant Assignee to cure such default) in the payment of rent or additional rent or in the performance of any of the other terms, covenants and conditions of the Lease on TenantAssignee's part to be performed that Landlord had or would have had if Lender or such purchaser had not succeeded to the interest of Landlord. Upon attornment by Tenant Assignee as provided herein, Lender or such purchaser shall be bound to Tenant Assignee under all the terms, covenants and conditions of the Lease (including, without limitation, the obligation to construct the shell improvements and Tenant the tenant improvements as provided therein) and Assignee shall have the same remedies against Lender or such purchaser for the breach of an agreement contained in the Lease that Tenant Assignee might have had under the Lease against Landlord if Lender or such purchaser had not succeeded to the interest of Landlord; : provided, however, that Lender or such purchaser shall not be liable or bound to Tenant:Assignee: (a) for any act or omission of any prior landlord (including Landlord); or (b) for any offsets or defenses which Assignee might have against any prior landlord (including Landlord); or

Appears in 1 contract

Samples: And Attornment Agreement (Network Associates Inc)

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