Common use of Other Provisions Regarding Mortgagees Clause in Contracts

Other Provisions Regarding Mortgagees. If this Lease or the Rent due hereunder is assigned to a mortgagee as collateral security for a loan, no such mortgagee shall be deemed to have assumed any of Landlord's obligations hereunder solely as a result of such assignment. A mortgagee to whom this Lease has been so assigned shall be deemed to have assumed such obligations only if (i) by the terms of the instrument of assignment such mortgagee specifically elects to assume such obligations or (ii) such mortgagee has (a) foreclosed its mortgage, (b) accepted a deed in lieu thereof, or (c) taken possession of the Premises by entry or otherwise. Even if such mortgagee assumes the obligations of Landlord hereunder, (i) any such obligation under Section 24.01 to return the Security Deposit to Tenant shall be limited to the amount actually received by the mortgagee with respect thereto, and (ii) such mortgagee will be liable for breaches of any of Landlord's obligations hereunder only to the extent such breaches occur during the period of ownership by the mortgagee after foreclosure (or any conveyance by a deed in lieu thereof), all as set forth in Section 25.08. hereof. Tenant shall from time to time, at the request of Landlord or any of Landlord's mortgagees, provide Landlord and such mortgagee with financial information pursuant to Section 26.05 of the Lease pertaining to Tenant as Landlord or such mortgagee may reasonably request. Landlord represents and warrants to Tenant that as of the date hereof there is no mortgage affecting the Premises.

Other Provisions Regarding Mortgagees. If this Lease or the Rent due hereunder is assigned to a mortgagee as collateral security for a loan, no such mortgagee shall be deemed to have assumed any of Landlord's obligations hereunder solely as a result of such said assignment. A mortgagee to whom this Lease has been so assigned shall be deemed to have assumed such obligations only if (i) by the terms of the instrument of assignment such mortgagee specifically elects to assume such obligations or (ii) such mortgagee has (a) foreclosed its mortgage, (b) accepted a deed in lieu thereof, or (c) taken possession of the Premises by entry or otherwise. Even if such mortgagee assumes the obligations of Landlord hereunder, (i) any such obligation under Section 24.01 to return the Security Deposit to the Tenant shall be limited to the amount actually received by the mortgagee with respect thereto, and (ii) such mortgagee will be liable for breaches of any of Landlord's obligations hereunder only to the extent such breaches occur during the period of ownership by the mortgagee after foreclosure (or any conveyance by a deed in lieu thereof), all as set forth in Section 25.0825.10. hereof. Tenant shall may from time to time, at the request of Landlord or any of Landlord's mortgageesmortgagees request, be required to provide Landlord and such mortgagee with certain financial information pursuant to Section 26.05 of the Lease pertaining to the Tenant as Landlord or such mortgagee may reasonably request. Landlord represents and warrants to Tenant that as of the date hereof there is no mortgage affecting the Premises.

Other Provisions Regarding Mortgagees. If this Lease or the Rent due hereunder is assigned to a mortgagee as collateral security for a loan, no such mortgagee shall be deemed to have assumed any of Landlord's obligations hereunder solely as a result of such assignment. said assignment A mortgagee to whom this Lease has been so assigned shall be deemed to have assumed such obligations only if (i) by the terms of the instrument of assignment such mortgagee specifically elects to assume such obligations or (ii) such mortgagee has (a) foreclosed its mortgage, (b) accepted a deed in lieu thereof, or (c) taken 29 -29- possession of the Premises by entry or otherwise. Even if such mortgagee assumes the obligations of Landlord hereunder, (i) any such obligation under Section 24.01 to return the Security Deposit to the Tenant shall be limited to the amount actually received by the mortgagee with respect thereto, and (ii) such mortgagee will be liable for breaches of any of Landlord's obligations hereunder only to the extent such breaches occur during the period of ownership by the mortgagee after foreclosure (or any conveyance by a deed in lieu thereof), all as set forth in Section 25.0825.10. hereof. Tenant shall may from time to time, at the request of Landlord or any of Landlord's mortgageesmortgagees request, be required to provide Landlord and such mortgagee with certain financial information pursuant to Section 26.05 of the Lease pertaining to the Tenant as Landlord or such mortgagee may reasonably request. Landlord represents and warrants to Tenant that as of the date hereof there is no mortgage affecting the Premises.

Other Provisions Regarding Mortgagees. If this Lease or the Rent due hereunder is assigned to a mortgagee as collateral security for a loan, no such mortgagee shall be deemed to have assumed any of Landlord's obligations hereunder solely as a result of such said assignment. A mortgagee mortgage to whom this Lease has been so assigned shall be deemed to have assumed such obligations only if (i) by the terms of the instrument of assignment such mortgagee specifically elects to assume such obligations or (ii) such mortgagee has (a) foreclosed its mortgage, mortgage (b) accepted a deed in lieu thereof, or (c) taken possession of the Premises by entry or otherwise. Even if such mortgagee so assumes the obligations of Landlord hereunder, (i) any such obligation under Section 24.01 to return the Security Deposit to the Tenant shall be limited to the amount actually received by the mortgagee with respect thereto, and (ii) such mortgagee will be liable for breaches of any of Landlord's obligations hereunder only to the extent such breaches occur during the period of ownership by the mortgagee after foreclosure (or any conveyance by a deed in lieu thereof), all as set forth in Section 25.08. 25.10 hereof. Tenant shall from time to time, at the request of Landlord or any of Landlord's mortgagees, provide Landlord and such mortgagee with financial information pursuant to Section 26.05 of the Lease pertaining to Tenant as Landlord or such mortgagee may reasonably request. Landlord represents and warrants to Tenant that as of the date hereof there is no mortgage affecting the Premises.

Other Provisions Regarding Mortgagees. If this Lease or the Rent due hereunder is assigned to a mortgagee as collateral security for a loan, no such mortgagee shall be deemed to have assumed any of Landlord's obligations hereunder solely as a result of such said assignment. A mortgagee to whom this Lease has been so assigned shall be deemed to have assumed such obligations only if (i) by the terms of the instrument of assignment such mortgagee specifically elects to assume such obligations or (ii) such mortgagee has (a) foreclosed its mortgage, (b) accepted a deed in lieu thereof, or (c) taken possession of the Premises by entry or otherwise. Even if such mortgagee assumes the obligations of Landlord hereunder, (i) any such obligation under Section 24.01 to return the Security Deposit to the Tenant shall be limited to the amount actually received by the mortgagee with respect thereto, and (ii) such mortgagee will be liable for breaches of any of Landlord's obligations hereunder only to the extent such breaches occur during the period of ownership by the mortgagee after foreclosure (or any conveyance by a deed in lieu thereof), all as set forth in Section 25.08. 25.09 hereof. Tenant shall from time to time, at the request of Landlord or any of Landlord's ’s mortgagees, provide Landlord and such mortgagee with financial information pursuant to Section 26.05 of the Lease pertaining to Tenant as Landlord or such mortgagee may reasonably request. Landlord represents and warrants to Tenant that as of the date hereof there is no mortgage affecting the Premises.

Other Provisions Regarding Mortgagees. If this Lease or the Rent due hereunder is assigned to a mortgagee as collateral security for a loan, no such mortgagee shall be deemed to have assumed any of Landlord's obligations hereunder solely as a result of such said assignment. A mortgagee to whom this Lease has been so assigned shall be deemed to have assumed such obligations only if (i) by the terms of the instrument of assignment such mortgagee specifically elects to assume such obligations or (ii) such mortgagee has (a) foreclosed its mortgage, (b) accepted a deed in lieu thereof, or (c) taken possession of the Premises by entry or otherwise. Even if such mortgagee assumes the obligations of Landlord hereunder, (i) any such obligation under Section 24.01 to return the Security Deposit to the Tenant shall be limited to the amount actually received by the mortgagee with respect thereto, and (ii) such mortgagee will be liable for breaches of any of LandlordXxxxxxxx's obligations hereunder only to the extent such breaches occur during the period of ownership by the mortgagee after foreclosure (or any conveyance by a deed in lieu thereof), all as set forth in Section 25.0825.10. hereof. Tenant shall from time to time, at the request of Landlord or any of Landlord's mortgagees, provide Landlord and such mortgagee with financial information pursuant to Section 26.05 of the Lease pertaining to Tenant as Landlord or such mortgagee may reasonably request. Landlord represents and warrants to Tenant that as of the date hereof there is no mortgage affecting the Premises.

Other Provisions Regarding Mortgagees. If this Lease or the Fixed Rent and Additional due hereunder is assigned to a mortgagee as collateral security for a loan, no such mortgagee shall be deemed to have assumed any of Landlord's obligations hereunder solely as a result of such said assignment. A mortgagee to whom this Lease has been so assigned shall be deemed to have assumed such obligations only if (i) by the terms of the instrument of assignment such mortgagee specifically elects to assume such obligations or (ii) such mortgagee has (a) foreclosed its mortgage, (b) accepted a deed in lieu thereof, or (c) taken possession of the Premises by entry or otherwise. Even if such mortgagee assumes the obligations of Landlord hereunder, (i) any such obligation under Section 24.01 to return the Security Deposit to Tenant shall be limited to the amount actually received by the mortgagee with respect thereto, and (ii) such mortgagee will be liable for breaches of any of Landlord's obligations hereunder only to the extent such breaches occur or continue during the period of ownership by the mortgagee after foreclosure (or any conveyance by a deed in lieu thereof), all as set forth in Section 25.08. hereof. Tenant shall may from time to time, at the request of Landlord or any of Landlord's mortgageesas mortgagees requires, be required to provide Landlord and such mortgagee with certain financial information pursuant to Section 26.05 of the Lease pertaining to the Tenant as Landlord or such mortgagee may reasonably request. Landlord represents and warrants to Tenant that as of the date hereof there is no mortgage affecting the Premises.

Other Provisions Regarding Mortgagees. If this Lease or the Rent due hereunder is assigned to a mortgagee as collateral security for a loan, no such mortgagee shall be deemed to have assumed any of Landlord's obligations hereunder solely as a result of such said assignment. A mortgagee to whom this Lease has been so assigned shall be deemed to have assumed such obligations only if (i) by the terms of the instrument of assignment such mortgagee specifically elects to assume such obligations or (ii) such mortgagee has (a) foreclosed its mortgage, (b) accepted a deed in lieu thereof, or (c) taken possession of the Premises by entry or otherwise. Even if such mortgagee assumes the obligations of Landlord hereunder, (i) any such obligation under Section 24.01 to return the Security Deposit to the Tenant shall be limited to the amount actually received by the mortgagee with respect thereto, and (ii) such mortgagee will be liable for breaches of any of Landlord's obligations hereunder only to the extent such breaches occur during the period of ownership by the mortgagee after foreclosure (or any conveyance by a deed in lieu thereof), all as set forth in Section 25.08. 25.09 hereof. Tenant shall from time to time, at the request of Landlord or any of Landlord's mortgagees, provide Landlord and such mortgagee with financial information pursuant to Section 26.05 of the Lease pertaining to Tenant as Landlord or such mortgagee may reasonably request. Landlord represents and warrants to Tenant that as ARTICLE20 Defa11lts;_ Events of the date hereof there is no mortgage affecting the Premises.Default 20.01

Other Provisions Regarding Mortgagees. If this Lease or the Rent due hereunder is assigned to a mortgagee as collateral security for a loan, no such mortgagee shall be deemed to have assumed any of Landlord's obligations hereunder solely as a result of such said assignment. A mortgagee to whom this Lease has been so assigned shall be deemed to have assumed such obligations only if (i) by the terms of the instrument of assignment such mortgagee specifically elects to assume such obligations or of (iii) such mortgagee has (a) foreclosed its mortgage, (b) accepted a deed in lieu thereof, or of (c) taken possession of the Premises by entry or otherwise. Even if such mortgagee assumes the obligations of Landlord hereunder, (i) any such obligation under Section 24.01 to return the Security Deposit to the Tenant shall be limited to the amount actually received by the mortgagee with respect thereto, and (ii) such mortgagee mortgage will be liable for breaches of any of Landlord's obligations hereunder only to the extent such breaches occur during the period of ownership by the mortgagee after foreclosure (or any conveyance by a deed in lieu thereof), all as set forth in Section 25.08. 25.10 hereof. Tenant shall may from time to time, at the request of Landlord or any of Landlord's mortgageesmortgagees request, be required to provide Landlord and such mortgagee with certain financial information pursuant to Section 26.05 of the Lease pertaining to the Tenant as Landlord or such mortgagee may reasonably request. Landlord represents and warrants to Tenant that as of the date hereof there is no mortgage affecting the Premises.

Other Provisions Regarding Mortgagees. If this Lease or the Rent due hereunder is assigned to a mortgagee as collateral security for a loan, no such mortgagee shall be deemed to have assumed any of Landlord's ’s obligations hereunder solely as a result of such assignment. A mortgagee to whom this Lease has been so assigned shall be deemed to have assumed such obligations only if (i) by the terms of the instrument of assignment such mortgagee specifically elects to assume such obligations or (ii) such mortgagee has (a) foreclosed its mortgage, (b) accepted a deed in lieu thereof, or (c) taken possession of the Premises by entry or otherwise, or (d) assumed such obligations by way of an SNDA or other agreement with Tenant. Even if such mortgagee assumes the obligations of Landlord hereunder, but except to the extent provided in an SNDA or other agreement between the mortgagee and Tenant, (i) any such obligation under Section 24.01 to return the Security Deposit to Tenant shall be limited to the amount actually received by the mortgagee with respect thereto, and (ii) such mortgagee will be liable for breaches of any of Landlord's ’s obligations hereunder only to the extent such breaches occur during the period of ownership by the mortgagee after foreclosure (or any conveyance by a deed in lieu thereof), all as set forth in Section 25.08. hereof. If Tenant is not a public company, Tenant shall from time to time, at the request of Landlord or any of Landlord's ’s mortgagees, provide Landlord and such mortgagee with financial information pursuant to Section 26.05 of the Lease pertaining to Tenant as Landlord or such mortgagee may reasonably request. Landlord represents and warrants to Tenant that as of the date hereof there is no mortgage affecting the Premises.

Other Provisions Regarding Mortgagees. (a) If this Lease or the Rent due hereunder is assigned to a mortgagee as collateral security for a loan, no such mortgagee shall be deemed to have assumed any of Landlord's obligations hereunder solely as a result of such said assignment. A mortgagee to whom this Lease has been so assigned shall be deemed to have assumed such obligations only if (i) by the terms of the instrument of assignment such mortgagee specifically elects to assume such obligations or and (ii) such mortgagee has (a) foreclosed its mortgage, mortgage (b) accepted a deed in lieu thereof, or (c) taken possession of the Premises by entry or otherwise. Even if such mortgagee or its designee so assumes the obligations of Landlord hereunder, (i) any such obligation under Section 24.01 to return the Security Deposit to the Tenant shall be limited to the amount actually received by the mortgagee mortgagee, or its designee with respect thereto, and (ii) such mortgagee or its designee will be liable for breaches of any of Landlord's obligations hereunder only to the extent such breaches occur during the period of ownership by the mortgagee or its designee after foreclosure (or any conveyance by a deed in lieu thereof), all as set forth in Section 25.08. hereof. Tenant shall from time to time, at the request of Landlord or any of Landlord's mortgagees, provide Landlord and (iii) such mortgagee with financial information pursuant or its designee shall not have any liability to Section 26.05 Tenant in the event of damage or destruction to the Building or the Premises, for any repairs, replacements, rebuilding or restoration, unless required to be made under the provisions of this Lease and in any event, except as can reasonably be accomplished from the deductible and net proceeds of insurance actually received by, or made available to such mortgagee or its designee and not applied in reduction and/or repayment of the loan secured by any Mortgage and (iv) such mortgagee or its designee shall not have any liability to Tenant for or be subject to any credits, offsets, abatements, or claims against the rent under this Lease pertaining accruing to Tenant as Landlord a result of any acts or omissions of Landlord, its successors or assigns, occurring or committed prior to the date upon which such mortgagee may reasonably request. Landlord represents and warrants to Tenant that as or its designee shall become the owner of or obtain possession or control of the date hereof there is no mortgage affecting Building and the PremisesLand.

Other Provisions Regarding Mortgagees. If this Lease or the Rent due hereunder is assigned to a mortgagee the Mortgagee or any Future Mortgagee as collateral security for a loan, no such mortgagee neither the Mortgagee nor any Future Mortgagee, as the case may be, shall be deemed to have assumed any of Landlord's obligations hereunder solely as a result of such said assignment. A mortgagee Either the Mortgagee or any Future Mortgagee to whom this Lease has been so assigned shall be deemed to have assumed such obligations only if (i) by the terms of the instrument of assignment such mortgagee the Mortgagee or any Future Mortgagee, as the case may be, specifically elects to assume such obligations or (ii) such mortgagee the Mortgagee or any Future Mortgagee, as the case may be, has (a) foreclosed its mortgage, (b) accepted a deed in lieu thereof, or (c) taken possession of the Premises by entry or otherwise. Even if such mortgagee the Mortgagee or any Future Mortgagee, as the case may be, so assumes the obligations of Landlord hereunder, (i) any such obligation under Section 24.01 to return the Security Deposit to the Tenant shall be limited to the amount actually received by the mortgagee Mortgagee or any Future Mortgagee, as the case may be, with respect thereto, and (ii) such mortgagee the Mortgagee or any Future Mortgagee, as the case may be, will be liable for breaches of any of Landlord's obligations hereunder only to the extent such breaches occur during the period of ownership by the mortgagee Mortgagee or any Future Mortgagee, as the case may be, after foreclosure (or any conveyance by a deed in lieu thereof), all as set forth in Section 25.08. 25.11 hereof. Tenant shall from time to time, at the request of Landlord or any of Landlord's mortgagees, provide Landlord and such mortgagee with financial information pursuant to Section 26.05 of the Lease pertaining to Tenant as Landlord or such mortgagee may reasonably request. Landlord represents and warrants to Tenant that as of the date hereof there is no mortgage affecting the Premises.