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Common use of OBLIGATIONS OF LANDLORD Clause in Contracts

OBLIGATIONS OF LANDLORD. with Respect to any Leasehold Mortgagee: --------------------------------------------------------------- After having been notified of the existence of a Leasehold Mortgage, Landlord shall give any such Leasehold Mortgagee written notice of (i) any default by Tenant hereunder and/or any other event authorizing the termination of this Lease, and (ii) the exercise of any remedy by Landlord by reason of any default by Tenant under this Lease. In this regard, Landlord shall not have the power to (a) terminate the Lease unless Landlord shall have first given such Leasehold Mortgagee sixty (60) days written notice of its intent to terminate this Lease, or (b) terminate this Lease if, within said sixty (60) day period (or such longer period of time as is reasonably required by such Leasehold Mortgagee to obtain possession of the Property if that is necessary to cure Tenant's default), such Leasehold Mortgagee either: A. Cures Tenant's default whether by the payment of money or the performance of any act required to so cure such default; or B. Commences and thereafter continuously pursues foreclosure of the Leasehold Mortgage or otherwise acquires the interest of Tenant under the Lease, but only so long as such Leasehold Mortgagee performs all obligations to be performed by Tenant (including the payment of rent, Impositions and all other monetary obligations) until such time as Tenant's Estate is so acquired or sold upon foreclosure or by way of other appropriate proceedings in the nature thereof. C. Notwithstanding anything contained in this Lease to the contrary, Landlord may not terminate this Lease as a result of (i) the occurrence of any Tenant's default described in subparagraphs C, D and E of paragraph 11.1, or (ii) any default of Tenant that cannot be cured by the Leasehold Mortgage, so long as any Leasehold Mortgagee has commenced and thereafter is continuously pursuing the foreclosure of the Leasehold Mortgage, but only so long as the Leasehold Mortgagee performs all other obligations to be performed by Tenant (including the payment of rent, Impositions and all other monetary obligations) until such time as Tenant's Estate is so acquired or sold upon foreclosure or by way of other appropriate proceedings in the nature thereof.

Appears in 1 contract

Samples: Ground Lease (Hollywood Park Inc/New/)

OBLIGATIONS OF LANDLORD. with Respect A. Landlord's Maintenance and Repair Obligations. Landlord shall not be required to make any Leasehold Mortgagee: --------------------------------------------------------------- After having been notified improvements, replacements or repairs of any kind or character to the Premises or the Project during the term of this Lease except as are specifically set forth in this Section or elsewhere in this Lease. Landlord shall maintain only the roof, foundation, parking areas, and Common Areas, and the structural soundness of the existence exterior walls and other structures within the Project, provided, that Landlord's cost of a Leasehold Mortgagemaintaining, Landlord replacing and repairing the items set forth in this Section shall give any such Leasehold Mortgagee written notice be included within the definition of (i) any default by Tenant hereunder and/or any other event authorizing the termination Operating Expenses pursuant to Section 7 of this Lease. Landlord shall not be liable to Tenant, except as expressly provided in this Lease, for any damage or inconvenience, and (ii) the exercise Tenant shall not be entitled to any abatement or reduction of any remedy by Landlord Rent by reason of any default repairs, alterations or additions made by Tenant Landlord under this Lease. In this regard; provided, however, if Landlord fails to complete its obligations within thirty (30) days after written notice from Tenant, or a reasonable amount of time if the nature of the obligation is such that it cannot be performed within thirty (30) days, Tenant shall not have the power right to complete such repair or replacement and deduct the costs from the rent payable hereunder, subject to the "Maximum Offset Amount" (a) terminate the Lease unless Landlord shall have first given such Leasehold Mortgagee sixty (60) days written notice of its intent to terminate this Lease, or (b) terminate this Lease if, within said sixty (60) day period (or such longer period of time as is reasonably required by such Leasehold Mortgagee to obtain possession of the Property if that is necessary to cure Tenant's defaultdefined herein), such Leasehold Mortgagee either: A. Cures Tenant's default whether by the payment of money or the performance of any act required to so cure such default; or B. Commences and thereafter continuously pursues foreclosure of the Leasehold Mortgage or otherwise acquires the interest of Tenant under the Lease, but only so long as such Leasehold Mortgagee performs all obligations to be performed by Tenant (including the payment of rent, Impositions and all other monetary obligations) until such time as Tenant's Estate is so acquired or sold upon foreclosure or by way of other appropriate proceedings in the nature thereof. C. . Notwithstanding anything contained in this Lease to the contrary, Landlord may Tenant shall not terminate deduct more than fifty percent (50%) of the Base Rent from any monthly installment of Base Rent if there are sufficient months remaining in the term of this Lease as a result of within which to fully recover the amount owed by Landlord (i) the occurrence of any Tenant's default described in subparagraphs C, D and E of paragraph 11.1, or (ii) any default of Tenant that cannot be cured by the Leasehold Mortgage, so long as any Leasehold Mortgagee has commenced and thereafter is continuously pursuing the foreclosure of the Leasehold Mortgage, but only so long as the Leasehold Mortgagee performs all other obligations to be performed by Tenant (including the payment of rent, Impositions and all other monetary obligations) until such time as Tenant's Estate is so acquired or sold upon foreclosure or by way of other appropriate proceedings in the nature thereof"Maximum Offset Amount").

Appears in 1 contract

Samples: Lease Agreement (Quantech LTD /Mn/)

OBLIGATIONS OF LANDLORD. So long as Tenant shall perform each and every covenant to be performed by Tenant hereunder, Landlord agrees that Tenant shall quietly enjoy the Premises in accord with Respect the provisions hereof and that Landlord shall: A) Furnish heat and air conditioning to any Leasehold Mortgagee: --------------------------------------------------------------- After having been notified provide an environment that in Landlord's reasonable judgment is comfortable for occupancy of the existence Premises under normal business operations and in accordance with any applicable regulations daily from 8:00 A.M. to 6:00 P.M. (Saturdays after 1:00 P.M., Sundays and holidays excepted). If heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord, at the request of Tenant, shall install supplementary air conditioning equipment in the Premises, if such installation is deemed practical in the sole judgment of Landlord, and the cost of any such equipment, together with the cost of installation, operation and maintenance thereof (including all utility costs incurred in connection therewith) shall be paid by Tenant to Landlord as additional rent, together with each monthly installment of Base Rent, at such rates as are determined by Landlord. Any such equipment will be owned by Landlord. B) Provide passenger elevator service in common with others at all times. C) Provide janitorial service in and about the Premises (Saturdays, Sundays and holidays excepted). Additional janitorial services will be a direct expense billable to Tenant. Landlord will reduce Tenant's Operating Cost share if Tenant contracts for its own janitorial services. All charges, additions, or deletions shall be provided in advance upon a thirty (30) day written request from Tenant to Landlord. D) Keep the foundations, the exterior walls and the roof of the Building in good repair, ordinary wear and tear excepted; provided, however, if the need for such repairs is directly or indirectly attributable to or results from any activity being conducted within the Premises, Tenant agrees to reimburse Landlord for all costs and expenses incurred by Landlord with respect to such repairs. Landlord shall commence any repairs it is required to do hereunder as soon as reasonably practicable after receiving written notice from Tenant of the necessity for such repairs, but in no event shall Landlord be required to make any other repairs. Landlord's obligations hereunder shall be subject to the provisions of Sections 9 and 10. E) Provide water for drinking, lavatory and toilet purposes drawn through fixtures installed by Landlord at such points of supply provided for general use of other tenants in the Building. F) Provide interior window covering of a venetian or similar blind for exterior windows as part of the Tenant's Leasehold MortgageImprovements. Tenant, at its own expense, and with Landlord's prior written consent may install drapes or other window coverings to the inside of said blinds (and if installed shall maintain them in an attractive and safe condition); provided, however, in the sole discretion of Landlord they are in harmony with the exterior and interior appearance of the Building and create no safety or fire hazard. G) Furnish Tenant with Twenty (20) keys or access cards for each corridor door entering the Premises, and additional keys or access cards at a charge by Landlord on an order signed by Tenant. All such keys or access cards shall give remain the property of Landlord. Except as provided in Subparagraph (J) below no additional locks shall be allowed on any such Leasehold Mortgagee door of the Premises without Landlord's written notice of (i) consent, and Tenant shall not make or permit to be made any default duplicate keys, except those furnished by Tenant hereunder and/or any other event authorizing the Landlord. Upon termination of this Lease, Tenant shall surrender to Landlord at the address then provided for the payment of rent all access cards and keys to the Premises, and give to Landlord the combination of all locks for safes, safe cabinets and vault doors, if any, in the Premises. H) Make and install or provide for the installation of Tenant's leasehold improvements in accordance with the plans and specifications, terms and conditions set forth in Exhibit B. Except as specifically provided for in this Lease, Landlord shall have no obligation to repair, improve, redecorate or remodel the Premises after occupancy. Without limiting the obligations of Landlord pursuant to the materials attached as Exhibit B, Landlord shall, in a good and workmanlike manner, perform or cause to be performed the work and installation contemplated by the final plans, including any work and installation reasonably inferable therefrom and the obtaining of all necessary permits and approvals from applicable governmental and quasi-governmental authorities (iisuch work and installation, "Landlord's Work"). Landlord shall notify Tenant when Tenant's Leasehold Improvements have been substantially completed, and Tenant shall thereafter promptly inspect the Premises and furnish to Landlord a statement that the Premises have been completed subject to certain enumerated items (the "Punch List"). All items on the Punch List shall be completed in a diligent manner after the date of Substantial Completion. Landlord shall permit Tenant and/or its agents, representatives or employees to enter the Premises prior to the Commencement Date for any purpose consistent with the terms of this Lease. Landlord shall assign to Tenant any warranties relating to those portions or elements of the Premises for which Tenant is responsible for repair and maintenance hereunder. Landlord's obligation under this Section shall not exceed Twenty-Five Dollars ($25.00) per square foot of Rentable Area. Any cost in excess of $25.00 per square foot Rentable Area shall be the exercise obligation of Tenant. It is understood that Landlord does not warrant that any remedy of the services and utilities referred to above will be free from interruption from causes beyond the reasonable control of Landlord. Such interruption of service or utilities shall never be deemed an eviction or disturbance of Tenant's use and possession of the Premises or any part thereof or render Landlord liable to Tenant for damages by Landlord by reason abatement of any default by rent or otherwise or relieve Tenant from performance of Tenant's obligations under this Lease. In this regard, . I) Landlord and Tenant agree to enter into a separate agreement allowing Tenant to install necessary communications and security equipment on the rooftop of the Building. J) Landlord shall not have allow Tenant to install, maintain and repair additional security devices, including locks and card access in the power Premises as long as those additions are kept within the Building's master system and upon advance written notice to (athe Landlord. Any default of Tenant's obligations under such agreement shall be considered a default under the terms of this Lease. K) terminate the Lease unless Landlord shall have provide adequate exterior space for Tenant's signage, which signage shall be approved by Landlord and maintained by Tenant. Tenant and Landlord agree to work in a good faith effort with Landlord's Architect to design such signage to be in keeping with the first given class quality of the Building. L) Landlord and Tenant shall enter into a separate agreement allowing for the installation of an ATM in the south Building parking lot and a Night Depository with 24-hour access in the first floor interior common area space that is architecturally compatible with the Building and in a location approved by the Landlord. Any default of Tenant's obligations under such Leasehold Mortgagee sixty (60) days written notice agreement shall be considered a default under the terms of its intent to terminate this Lease, or (b) terminate this Lease if, within said sixty (60) day period (or such longer period of time as is reasonably required by such Leasehold Mortgagee to obtain possession of the Property if that is necessary to cure Tenant's default), such Leasehold Mortgagee either: A. Cures Tenant's default whether by the payment of money or the performance of any act required to so cure such default; or B. Commences and thereafter continuously pursues foreclosure of the Leasehold Mortgage or otherwise acquires the interest of Tenant under the Lease, but only so long as such Leasehold Mortgagee performs all obligations to be performed by Tenant (including the payment of rent, Impositions and all other monetary obligations) until such time as Tenant's Estate is so acquired or sold upon foreclosure or by way of other appropriate proceedings in the nature thereof. C. Notwithstanding anything contained in this Lease to the contrary, Landlord may not terminate this Lease as a result of (i) the occurrence of any Tenant's default described in subparagraphs C, D and E of paragraph 11.1, or (ii) any default of Tenant that cannot be cured by the Leasehold Mortgage, so long as any Leasehold Mortgagee has commenced and thereafter is continuously pursuing the foreclosure of the Leasehold Mortgage, but only so long as the Leasehold Mortgagee performs all other obligations to be performed by Tenant (including the payment of rent, Impositions and all other monetary obligations) until such time as Tenant's Estate is so acquired or sold upon foreclosure or by way of other appropriate proceedings in the nature thereof.

Appears in 1 contract

Samples: Lease Agreement (Quad City Holdings Inc)

OBLIGATIONS OF LANDLORD. with Respect to any Leasehold Mortgagee: --------------------------------------------------------------- After having been notified of the existence of a Leasehold Mortgage, Landlord shall give any such Leasehold Mortgagee written notice of (i) any default by Tenant hereunder and/or any other event authorizing the termination of this Lease, and (ii) the exercise of any remedy by Landlord by reason of any default by Tenant under this Lease. In this regard, Landlord shall not have the power to (a) terminate the Lease unless Landlord shall have first given such Leasehold Mortgagee sixty (60) days written notice of its intent to terminate this Lease, or (b) terminate this Lease if, within said sixty (60) day period (or such longer period of time as is reasonably required by such Leasehold Mortgagee to obtain possession of the Property if that is necessary to cure Tenant's default), such Leasehold Mortgagee either: A. Cures Tenant's default whether by the payment of money or the performance of any act required to so cure such default; or B. Commences and thereafter continuously pursues foreclosure of the Leasehold Mortgage or otherwise acquires the interest of Tenant under the Lease, but only so So long as such Leasehold Mortgagee performs all obligations Tenant shall perform each and every covenant to be performed by Tenant hereunder, Landlord agrees that Tenant shall quietly enjoy the Premises in accord with the provisions hereof and that Landlord shall: A. Furnish heat and air conditioning, subject to any applicable regulations, to provide an environment that is; 1. Not more than 78(degree) FDB when the outside temperature does not exceed 95(degree) FDB and 75(degree) FWB; 2. Not less than a minimum temperature of 68(degree) F when the outside temperature is not less than 10(degree) F. B. Provide passenger elevator service at all times. C. Provide janitorial service in and about the Premises as specified by the Tenant. D. Keep the fountains, the exterior walls and the roof of the Building in good repair, ordinary wear and tear excepted; provided, however, if the need for such repairs is directly or indirectly attributable to or results from any activity being conducted within the Premises, Tenant agrees to reimburse Landlord for all costs and expenses incurred by Landlord with respect to such repairs. Landlord shall commence any repairs it is required to do hereunder as soon as reasonably practicable after receiving written notice from Tenant of the necessity for such repairs, but in no event shall Landlord be required to make any other repairs. Landlord's obligations hereunder shall be subject to the provisions of Sections 10 and 11. E. Provide water for drinking, lavatory and toilet purposes drawn through fixtures installed by Landlord. F. Provide electricity to the Premises for normal lighting and operation of small business office equipment. In the event that additional power is required by Tenant, all costs of additional conduits, separate meters and service shall be paid by Tenant. Tenant shall use its best efforts to conserve electricity. G. Make and install or provide for the installation of Tenant's leasehold improvements in accordance with the plans and specifications, terms and conditions set forth in Exhibit C. Landlord will use its best efforts, subject to the terms and conditions of attached Exhibit C, to substantially complete the Premises and such leasehold improvements, subject to punchlist items, on or before July 1, 1996, subject however to any delays due to strikes or other labor disturbances, civil disturbances, orders of any government, court or regulatory body claiming jurisdiction, unavailability or materials or labor, fire or any other cause beyond the reasonable control or Landlord, provided that Landlord gives written notice to Tenant of the existence of such matters within ten days of their first occurrence. H. Maintain all grounds and parking areas of the Project. The parking area shall contain no less than 228 parking spaces. I. Permit the installation by Tenant, at Tenant's sole expense, of a satellite antenna on the Building, provided, however, that such installation shall comply with applicable ordinances and shall comply with the requirements of any roofing warranty. It is understood that Landlord does not warrant that any of the services and utilities referred to above will be free from interruption from causes beyond the reasonable control of Landlord. Any interruption of service or utilities shall never be deemed an eviction or disturbance of Tenant's use and possession of the Premises or any part thereof or render Landlord liable to Tenant for damages by abatement of rent or otherwise or relieve Tenant from performance of Tenant's obligations under this Lease, unless such interruption shall render the Premises uninhabitable for normal commercial operations and continue for a period of Seventy - Two (including 72) consecutive hours, in which event Tenant shall be entitled to an abatement of Base Rent and Operating Costs from the payment date of rentthe interruption through the date on which such service or utilities are again being provided to the Premises. In the event such interruption continues for a period of thirty (30) consecutive days, Impositions and all other monetary obligations) until Tenant shall have the option of terminating this Lease upon written notice to Landlord. Tenant's option to so terminate shall end at such time as Tenant's Estate is so acquired or sold upon foreclosure or by way of other appropriate proceedings in the nature thereofPremises are restored to a habitable condition. C. Notwithstanding anything contained in this Lease to the contrary, Landlord may not terminate this Lease as a result of (i) the occurrence of any Tenant's default described in subparagraphs C, D and E of paragraph 11.1, or (ii) any default of Tenant that cannot be cured by the Leasehold Mortgage, so long as any Leasehold Mortgagee has commenced and thereafter is continuously pursuing the foreclosure of the Leasehold Mortgage, but only so long as the Leasehold Mortgagee performs all other obligations to be performed by Tenant (including the payment of rent, Impositions and all other monetary obligations) until such time as Tenant's Estate is so acquired or sold upon foreclosure or by way of other appropriate proceedings in the nature thereof.

Appears in 1 contract

Samples: Lease Agreement (Express Scripts Inc)

OBLIGATIONS OF LANDLORD. with Respect So long as a default on the part of Sublessee shall not be continuing, Sublessee shall be entitled to any Leasehold Mortgagee: --------------------------------------------------------------- After having been notified receive all services to be rendered to Sublessor under the Lease insofar as such services pertain to the Sublease Premises or to the Sublessor’s use thereof or the conduct of the existence activities or operations therein or in the common areas of a Leasehold Mortgagethe Building and shall be entitled to the benefit of all rights to be afforded to Sublessor under the Lease insofar as such rights pertain to the Sublease Premises or to the use thereof or the conduct of the activities or operations therein or in the common areas of the Building. Except as otherwise specified herein (e.g., Landlord with respect to the fact that Sublessee shall give not be responsible for paying for “Operating Expenses” under the Lease), Sublessee shall be responsible for all charges relating thereto as provided in the Lease. Sublessor shall in good faith cooperate and coordinate with Sublessee and Landlord, at its sole cost and expense, in using commercially reasonable efforts to obtain Landlord’s performance under the Lease should Sublessee provide notice to Sublessor of any such Leasehold Mortgagee written notice of (i) any deficiency or default by Tenant hereunder and/or Landlord, except that Sublessor shall not be required to commence any other event authorizing legal proceedings or arbitration or terminate the termination Lease. Sublessor shall have no liability of this Leaseany nature whatsoever to Sublessee for Landlord’s failure to perform or render such services, and (ii) the exercise shall look solely to Landlord for all such services and shall not, under any circumstances, seek nor require Sublessor to perform any of such services, nor shall Sublessee seek to recover on any remedy by Landlord claim against Sublessor or xxx Sublessor for any damages which may arise by reason of any Landlord’s default under the Lease (including, without limitation, Landlord’s breach of a covenant of quiet enjoyment), or Landlord’s negligence, whether by Tenant under this Leaseomission or commission. In this regard, No such default of Landlord shall not have the power to (a) terminate the Lease unless Landlord shall have first given such Leasehold Mortgagee sixty (60) days written notice of its intent to terminate this Lease, or (b) terminate this Lease if, within said sixty (60) day period (or such longer period of time as is reasonably required by such Leasehold Mortgagee to obtain possession of the Property if that is necessary to cure Tenant's default), such Leasehold Mortgagee either: A. Cures Tenant's default whether by the payment of money or excuse Sublessee from the performance of any act required to so cure such default; or B. Commences and thereafter continuously pursues foreclosure of the Leasehold Mortgage or otherwise acquires the interest of Tenant under the Lease, but only so long as such Leasehold Mortgagee performs all its obligations to be performed by Tenant (including under this Sublease or entitle Sublessee to terminate this Sublease or to reduce or xxxxx or offset any of the payment of rent, Impositions and all other monetary obligations) until such time as Tenant's Estate is so acquired or sold upon foreclosure or by way of other appropriate proceedings in the nature thereof. C. Notwithstanding anything contained rents provided for in this Lease Sublease except to the contrary, Landlord may not terminate this extent that Sublessor is entitled to exercise such rights under the Lease as a result of (i) the occurrence of any Tenant's such default described in subparagraphs C, D and E of paragraph 11.1, or (ii) any default of Tenant that cannot be cured by the Leasehold Mortgage, so long as any Leasehold Mortgagee has commenced and thereafter is continuously pursuing the foreclosure of the Leasehold Mortgage, but only so long as the Leasehold Mortgagee performs all other obligations to be performed by Tenant (including the payment of rent, Impositions and all other monetary obligations) until such time as Tenant's Estate is so acquired or sold upon foreclosure or by way of other appropriate proceedings in the nature thereofLandlord.

Appears in 1 contract

Samples: Sublease Agreement (Vanda Pharmaceuticals Inc.)