Common use of Parties Bound Clause in Contracts

Parties Bound. 36.01. The obligation of this Lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 24. However, the obligations of Landlord under this Lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and in event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this Article. 36.02. If Landlord shall be an individual, joint venture, tenancy in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, Tenant shall look only to such Landlord's estate and property in the Building (or the proceeds thereof) and, where expressly so provided in this Lease, to offset against the rents payable under this Lease for the collection of a judgment (or other judicial process) which requires the payment of money by Landlord in the event of any default by Landlord hereunder. No other property or assets of such Landlord shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to this Lease, the relationship of Landlord and Tenant hereunder or Tenant's use or occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease.

Appears in 4 contracts

Samples: Lease (Hanover Capital Mortgage Holdings Inc), Lease Agreement (Life Medical Sciences Inc), Lease Agreement (I Many Inc)

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Parties Bound. 36.01. 36.01 The obligation obligations of this Lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 7 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 2425. However, the obligations of Landlord under this Lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and in event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this ArticleArticle and except for any lender each successor shall be deemed to have assumed all covenants and liabilities whether accruing before or after such transfer. 36.02. 36.02 If Landlord shall be an individual, joint venture, tenancy in common, co-partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, Tenant shall look only to such Landlord's ’s estate and property in the Building (or the proceeds thereof) and, where expressly so provided in this Lease, to offset against for the rents payable under this Lease satisfaction of Tenant’s remedies for the collection of a judgment (or other judicial process) which requires requiring the payment of money by Landlord in the event of any default by Landlord hereunder. No , and no other property or assets of such Landlord or any partner, member, officer or director thereof, disclosed or undisclosed shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's ’s remedies under or with respect to this Lease, the relationship of Landlord and Tenant hereunder or Tenant's ’s use or occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)

Parties Bound. 36.01. 36.01 The obligation obligations of this Lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 9 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 2425. However, the obligations of Landlord under this Lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and in event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this Article. 36.02. If Landlord shall be an individual, joint venture, tenancy in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, 36.02 Tenant shall look only to such Landlord's ’s estate and property in the Building (or the proceeds thereof) and, where expressly so provided in this Lease, to offset against the rents payable under this Lease Lease, for the satisfaction of Tenant’s remedies for the collection of a judgment (or other judicial process) which requires requiring the payment of money by Landlord in the event of any default by Landlord hereunder. No , and no other property or assets of such Landlord or any partner, member, officer or director thereof, disclosed or undisclosed shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's ’s remedies under or with respect to this Lease, the relationship of Landlord and Tenant hereunder or Tenant's ’s use or occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease.

Appears in 2 contracts

Samples: Lease (Boomerang Systems, Inc.), Lease Agreement (Henry Bros. Electronics, Inc.)

Parties Bound. 36.01SECTION 38.01. The obligation of terms, covenants and conditions contained in this Lease shall bind and inure to the benefit the of Owner and Tenant and, except as otherwise provided in this Lease, their respective heirs, distributees, executors, administrators, successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 24assigns. However, the obligations of Landlord Owner under this Lease shall not no longer be binding upon Landlord Owner named herein after the sale, assignment or transfer by Owner named with respect to herein (or upon any period subsequent to Owner after the sale, assignment or transfer by such subsequent Owner) of its interest in the Building as owner or lessee thereof lessee, and in the event of any such transfer said sale, assignment or transfer, such obligations shall thereafter be binding upon each the grantee, assignee or other transferee of the interest of Landlord herein named as such owner interest, and any such grantee, assignee or lessee transferee, by accepting such interest, shall be deemed to have assumed such obligations. A lease of the Building, but only with respect to the period ending with entire Building shall be deemed a subsequent transfer within the meaning of this Article. 36.02the foregoing sentence. If Landlord Neither the partners (direct or indirect) comprising Owner, nor the shareholders (nor any of the partners comprising same), partners, directors or officers of any of the foregoing (collectively, the "Owner's Parties") shall be an individual, joint venture, tenancy liable for the performance of Owner's obligations under this Lease. Tenant shall look solely to Owner to enforce Owner's obligations hereunder and shall not seek any damages against any of the Owner's Parties. Notwithstanding anything contained in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporationthis Lease to the contrary, Tenant shall look only solely to such Landlord's the estate and property interest of Owner, its successors and assigns, in the Real Property and Building (or the proceeds thereof) and, where expressly so provided in this Lease, to offset against the rents payable under this Lease for the collection of a judgment (or other judicial process) which requires the payment of money by Landlord in the event satisfaction of any default judgment recovered against Owner based upon the breach by Landlord hereunder. No Owner of any of the terms, conditions or covenants of this Lease on the part of Owner to be performed, and no other property or assets of such Landlord Owner or any of Owner's Parties shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to either this Lease, the relationship of Landlord landlord and Tenant hereunder tenant hereunder, or Tenant's use or and occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Langer Inc), Lease Agreement (Nelson Communications Inc)

Parties Bound. 36.01. 35.01 The obligation obligations of this Lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 10 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 2425. However, the obligations of Landlord under this Lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and in the event of such transfer said the obligations thereafter shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this Article, and such transferee, by accepting such interest, shall be deemed to have assumed such obligations except only as may be expressly otherwise provided in this Lease. A lease of Landlord's entire interest in the Building as owner or lessee thereof shall be deemed a transfer within the meaning of this Article. 36.02. If Landlord shall be an individual, joint venture, tenancy in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, 35.02 Tenant shall look only solely to such Landlord's the estate and property interest of Landlord, its successors and assigns, in the land and Building (or the proceeds thereof) and, where expressly so provided in this Lease, to offset against the rents payable under this Lease for the collection of a judgment (or other judicial process) which requires requiring the payment of money by Landlord in the event of any default by Landlord hereunder. No , and no other property or assets of such Landlord shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to either this Lease, the relationship of Landlord and Tenant hereunder or Tenant's use or and occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease.

Appears in 2 contracts

Samples: Lease (Total Tel Usa Communications Inc), Lease (At Plan Inc)

Parties Bound. 36.01Section 37.01. The obligation of terms, covenants and conditions contained in this Lease shall bind and inure to the benefit the of Owner and Tenant and, except as otherwise provided in this Lease, their respective heirs, distributees, executors, administrators, successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 24assigns. However, the obligations of Landlord Owner under this Lease shall not no longer be binding upon Landlord Owner named herein after the sale, assignment or transfer by Owner named with respect to herein (or upon any period subsequent to Owner after the sale, assignment or transfer by such subsequent Owner) of its interest in the Building as owner or lessee thereof lessee, and in the event of any such transfer said sale, assignment or transfer, such obligations shall thereafter be binding upon each the grantee, assignee or other transferee of the interest of Landlord herein named as such owner interest, and any such grantee, assignee or lessee transferee, by accepting such interest, shall be deemed to have assumed such obligations. A lease of the Building, but only with respect to the period ending with entire Building shall be deemed a subsequent transfer within the meaning of this Article. 36.02the foregoing sentence. If Landlord Neither the partners (direct or indirect) comprising Owner, nor the shareholders (nor any of the partners comprising same), partners, directors or officers of any of the foregoing (collectively, the "Owner's Parties") shall be an individual, joint venture, tenancy liable for the performance of Owner's obligations under this Lease. Tenant shall look solely to Owner to enforce Owner's obligations hereunder and shall not seek any damages against any of the Owner's Parties. Notwithstanding anything contained in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporationthis Lease to the contrary, Tenant shall look only solely to such Landlord's the estate and property interest of Owner, its successors and assigns, in the Real Property and Building (or the proceeds thereof) and, where expressly so provided in this Lease, to offset against the rents payable under this Lease for the collection of a judgment (or other judicial process) which requires the payment of money by Landlord in the event satisfaction of any default judgment recovered against Owner based upon the breach by Landlord hereunder. No Owner of any of the terms, conditions or covenants of this Lease on the part of Owner to be performed, and no other property or assets of such Landlord Owner or any of Owner's Parties shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to either this Lease, the relationship of Landlord landlord and Tenant hereunder tenant hereunder, or Tenant's use or and occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Bion Environmental Technologies Inc), Lease Agreement (GTJ REIT, Inc.)

Parties Bound. 36.01. The obligation 36.01 Except as otherwise set forth in this Lease, the obligations of this Lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 7 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 2425. However, the obligations of Landlord under this Lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and in event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this ArticleArticle and except for any lender each successor shall be deemed to have assumed all covenants and liabilities whether accruing before or after such transfer. 36.02. 36.02 If Landlord shall be an individual, joint venture, tenancy in common, co-partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, Tenant shall look only to such Landlord's ’s estate and property in the Building (or the proceeds thereof) and, where expressly so provided in this Lease, to offset against for the rents payable under this Lease satisfaction of Tenant’s remedies for the collection of a judgment (or other judicial process) which requires requiring the payment of money by Landlord in the event of any default by Landlord hereunder. No , and no other property or assets of such Landlord or any partner, member, officer or director thereof, disclosed or undisclosed shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's ’s remedies under or with respect to this Lease, the relationship of Landlord and Tenant hereunder or Tenant's ’s use or occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)

Parties Bound. 36.01. The obligation obligations of this Lease shall bind and benefit the successors and assigns of the parties Parties with the same effect as if mentioned in each instance where a party Party is named or referred to, except that no violation of the provisions of Article 8 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 24Tenant. However, the obligations of Landlord under this Lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and in the event of such a transfer of Landlord’s interest in the Building, said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this Articleinterest. 36.02. If Landlord shall be an individual, joint venture, tenancy in common, partnership, trust, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, Tenant shall look only to such Landlord's ’s estate and property in the Building (or and on the proceeds thereof) Land, and, where expressly so provided in this Lease, to offset against the rents payable under this Lease for the collection of a judgment (or other judicial process) which requires the payment of money by Landlord in the event of any default by Landlord hereunder. No other property or assets of such Landlord shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's ’s remedies under or with respect to this Lease, the relationship of Landlord and Tenant hereunder hereunder, or Tenant's ’s use or occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Aralez Pharmaceuticals Inc.)

Parties Bound. 36.01. 36.01 The obligation obligations of this Lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 10 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 2425. However, provided Landlord's transferee assumes (in writing) the obligations of Landlord under this Lease, the obligations of Landlord under this Lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and in the event of such transfer said the obligations thereafter shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this Article, and such transferee, by accepting such interest, shall be deemed to have assumed such obligations except only as may be expressly otherwise provided in this Lease. A lease of Landlord's entire interest in the Building as owner or lessee thereof shall be deemed a transfer within the meaning of this Article. 36.02. If Landlord shall be an individual, joint venture, tenancy in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, 36.02 Tenant shall look only solely to such Landlord's the estate and property interest of Landlord, its successors and assigns, in the Building land and the Buildings of High Ridge Park (or the proceeds thereof) and, where expressly so provided in this Lease, to offset against the rents payable under this Lease for the collection of a judgment (or other judicial process) which requires requiring the payment of money by Landlord in the event of any default by Landlord hereunder. No , and no other property or assets of such Landlord shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to either this Lease, the relationship of Landlord and Tenant hereunder or Tenant's use or and occupancy of the Demised Premises. Further, Tenant agrees Landlord represents that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach at all times during the term of this Lease, Landlord shall have at least $1,000,000 of equity in said property.

Appears in 2 contracts

Samples: Lease (Synapse Group Inc), Lease (Synapse Group Inc)

Parties Bound. 36.01. 36.01 The obligation obligations of this Lease lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 9 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 2425. However, the obligations of Landlord under this Lease lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and in event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this Article. 36.02. If Landlord shall be an individual, joint venture, tenancy in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, 36.02 Tenant shall look only to such Landlord's ’s estate and property in the Building (or the proceeds thereof) and, where expressly so provided in this Leaselease, to offset against the rents payable under this Lease lease, for the satisfaction of Tenant’s remedies for the collection of a judgment (or other judicial process) which requires requiring the payment of money by Landlord in the event of any default by Landlord hereunder. No , and no other property or assets of such Landlord or any partner, member, officer or director thereof, disclosed or undisclosed shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's ’s remedies under or with respect to this Leaselease, the relationship of Landlord and Tenant hereunder or Tenant's ’s use or occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Angion Biomedica Corp.), Lease (Angion Biomedica Corp.)

Parties Bound. 36.01. The obligation of terms, covenants and conditions contained in this Lease shall bind and inure to the benefit the of Owner and Tenant and, except as otherwise provided in this Lease, their respective heirs, distributees, executors, administrators, successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 24assigns. However, the obligations of Landlord Owner under this Lease shall not no longer be binding upon Landlord Owner named herein after the sale, assignment or transfer by Owner named with respect to herein (or upon any period subsequent to Owner after the sale, assignment or transfer by such subsequent Owner) of its interest in the Building as owner or lessee thereof lessee, and in the event of any such transfer said sale, assignment or transfer, such obligations shall thereafter be binding upon each the grantee, assignee or other transferee of the interest of Landlord herein named as such owner interest, and any such grantee, assignee or lessee transferee, by accepting such interest, shall be deemed to have assumed such obligations. A lease of the Building, but only with respect to the period ending with entire Building shall be deemed a subsequent transfer within the meaning of this Article. 36.02the foregoing sentence. If Landlord shall be an individual, joint venture, tenancy in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, Tenant shall look only solely to such Landlord's the estate and property interest of Owner, its successors and assigns, in the Real Property and Building (or the proceeds thereof) and, where expressly so provided in this Lease, to offset against the rents payable under this Lease for the collection of a any judgment (or other judicial process) which requires recovered against Owner based upon the payment of money breach by Landlord in the event Owner of any default by Landlord hereunder. No of the terms, conditions or covenants of this Lease on the part of Owner to be performed, and no other property or assets of such Landlord Owner shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to either this Lease, the relationship of Landlord landlord and Tenant hereunder tenant hereunder, or Tenant's use or and occupancy of the Demised Premises. FurtherSchedule A, Tenant agrees that Landlord entitled "Addendum to Lease" is annexed hereto and all of the terms, covenants and conditions of Schedule A are incorporated in this Lease by reference and shall not be liable to Tenant for any special, indirect, or consequential damages arising out deemed a part of Landlord's breach this Lease as though fully set forth in the body of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Nelson Communications Inc)

Parties Bound. 36.01. The obligation of this Lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 24. However, the obligations of Landlord under this Lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and in event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this Article. 36.02. If Landlord shall be an individual, joint venture, tenancy in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, Tenant shall look only to such Landlord's estate and property in the Building (or the proceeds thereof) ), all consideration received by Landlord from the sale or the disposition of any part of Landlord's right, title and interest in the Building, all available condemnation awards and insurance proceeds not used for restoration, but subject to the rights of the mortgagee and, where expressly so provided in this Lease, to offset against the rents payable under this Lease for the collection of a judgment (or other judicial process) which requires the payment of money by Landlord in the event of any default by Landlord hereunder. No other property or assets of such Landlord shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to this Lease, the relationship of Landlord and Tenant hereunder or Tenant's use or occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease. 36.03. Landlord agrees that Tenant shall not be liable to Landlord for any special, indirect or consequential damages arising out of Tenant's breach of this Lease, however, rents, restoration charges, interest, late charges, fees, reimbursements, damages incurred by Landlord as a result of Tenant holding over and other damages provided for in Article 26 shall not be considered special, indirect or consequential damages.

Appears in 1 contract

Samples: Lease Agreement (Pxre Group LTD)

Parties Bound. 36.01. Section 41.01 The obligation terms of this Lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 22 shall operate to vest any rights right in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 24. However, 17. Section 41.02 The term Landlord shall mean only the obligations owner at that time in question of Landlord under this Lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its present landlord’s interest in the Building as owner or lessee thereof and in the event of such a sale or transfer said obligations shall thereafter be binding upon each transferee of the interest Building (by operation of Landlord herein named as such owner law or lessee otherwise), or in the event of the making of a lease of all or substantially all of the Building, but only with respect or in the event of a sale or transfer (by operation of law or otherwise) of the leasehold estate under any such lease, the grantor, transferor or lessor, as the case may be, shall be and hereby is (to the period ending with a subsequent extent of the interest or portion of the Building or leasehold estate sold, transferred or leased) automatically and entirely released and discharged, from and after the date of such sale, transfer within or leasing, of all liability for the meaning performance of any of the terms of this Article. 36.02. If Landlord Lease on the part of Landlord; provided that the purchaser, transferee or lessee (collectively, “Transferee”) shall be an individualdeemed to have assumed and agreed to perform, joint venture, tenancy in common, partnership, unincorporated associationsubject to the limitations of this Section and Section 23.04 (and without further agreement or documentation between the then parties hereto, or other unincorporated aggregate among such parties and the Transferee) all accrued liabilities of individuals and/or entities the transferor under this Lease and all of the terms of this Lease on the part of Landlord to be performed. No Manager or a corporation, members of the entity serving as Landlord hereunder shall be personally liable to Tenant under any legal theory. Tenant shall look only solely to such Landlord's ’s estate and property interest in the Building (or the proceeds thereof) and, where expressly so provided in this Leasesubject to the rights of any Superior Lessor and/or Superior Mortgagee, to offset against the rents payable under this Lease uncollected rents, issues and profits and property insurance and Taking proceeds thereof for the satisfaction of any right of Tenant for the collection of a judgment (or other judicial process) which requires process or arbitration award requiring the payment of money by Landlord in the event of any default by Landlord hereunder. No and no other property or assets of such Landlord Landlord, Landlord’s agents, incorporators, shareholders, officers, directors, partners, members, principals (disclosed or undisclosed) or affiliates shall be subject to levy, execution lien, execution, attachment, or other enforcement procedure for the satisfaction of Tenant's ’s rights and remedies under or with respect to this Lease, the relationship of Landlord and Tenant hereunder or under law, or Tenant's ’s use or and occupancy of the Demised Premises. Furtherpremises or any other liability of Landlord to Tenant. Section 41.03 The term Tenant shall mean the Tenant herein named or any assignee or other successor in interest (immediate or remote) of the Tenant herein named, Tenant agrees that Landlord which at the time in question is the owner of the Tenant’s estate and interest granted by this Lease; but the foregoing provisions of this subsection shall not be liable construed to permit any assignment of this Lease or subletting of the Premises or to relieve the Tenant herein named or any assignee or other successor in interest (whether immediate or remote) of the Tenant herein named from the full and prompt performance of Tenant’s obligations hereunder, even where assignment or subletting is approved hereunder or where Landlord has granted its consent. Section 41.04 Nothing contained in this Lease shall be deemed to confer upon any tenant, or anyone claiming under or through any tenant, any right to insist upon, or to enforce against Landlord or Tenant, the performance of Tenant’s obligations hereunder. Section 41.05 The submission by Landlord to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this LeaseLease in draft form shall be deemed submission solely for Tenant’s consideration and not for acceptance and execution. Such submission shall have no binding force and effect, shall not constitute an option for the leasing of the Premises, and shall not confer any rights or impose any obligations upon either party. The submission by Landlord of this Lease for execution by Tenant and the actual execution and delivery thereof by Tenant to Landlord shall similarly have no binding force and effect on Landlord unless and until Landlord shall have executed this Lease and a counterpart thereof shall have been delivered to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Carbonite Inc)

Parties Bound. 36.01. Section 37.01 The obligation obligations of this Lease shall bind and benefit the successors and assigns of the parties Landlord and Tenant with the same effect as if mentioned in each instance where a party is named or referred to, except that (a) the provisions of Section 1.18 shall be applicable and prevail, (b) no violation of the provisions of Article 8 XXIV shall operate to vest any rights in any successor or assignee of Tenant and that (c) the provisions of this Article XXXVII shall not be construed as modifying the conditions of limitation contained in Article 24. HoweverXX. Section 37.02 Notwithstanding anything in this Lease to the contrary (it being intended that in the case of a conflict, the obligations of Landlord under this Lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and in event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning provisions of this Article. 36.02. If Landlord Section 37.02 always shall be an individual, joint venture, tenancy in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporationprevail and control), Tenant shall look only to such the Landlord's ’s estate and property in the Building (Demised Premises, at the time recourse is sought, for the satisfaction of Tenant’s remedies against Landlord or the proceeds thereof) and, where expressly so provided in this Lease, to offset against the rents payable under this Lease for the collection of a judgment (or other judicial process) which requires requiring the payment of money by Landlord in the event of any default by Landlord hereunder. No hereunder and, no other property or assets of such Landlord shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's ’s remedies under or with respect to this Lease, the relationship of Landlord landlord and Tenant tenant hereunder or Tenant's ’s use or occupancy of the Demised Premises, or otherwise. Further​ Section 37.03 Without limiting the provisions of Section 37.02 hereof, any agreement, obligation or liability of Landlord arising under this Lease is made, entered into and incurred by Landlord upon the express condition that neither any trustee, shareholder, partner, member, director, officer, employee, principal, parent, agent or advisor of Landlord, assumes nor shall be held to any personal liability hereunder for whatsoever reason including fault on the part, for example, of any one or more of the foregoing, and resort shall not be had to the private property of any such trustee, shareholder, partner, member, director, officer, employee, principal, parent, agent or advisor. Section 37.04 Landlord shall be deemed in default under the terms of this Lease only if Landlord shall fail to observe, fulfill or perform an obligation specifically imposed on Landlord under the terms of this Lease and such failure is not cured by Landlord within thirty (30) days after Tenant agrees shall have given Landlord notice of such failure, in reasonable detail, provided, however, that so long as Landlord commences and prosecutes such cure with reasonable diligence, Landlord will be allowed such additional time to effect such cure as may be reasonably necessary without being deemed in default with respect to such failure. No action taken by Landlord in connection with any such notice given to it by Tenant shall be construed to be an admission that any such default exists. Section 37.05 Any claim or defense available to Tenant arising out of this Lease or the negotiations preceding it shall be barred unless Tenant gives Landlord notice thereof in reasonable detail within one (1) year after the first occurrence of the act, omission, event or condition that gave rise to such claim or defense, provided, however, that the provisions hereof or the period herein specified shall not be applicable, if and to the extent in direct conflict with another provision of this Lease. Section 37.06 Under no circumstances shall (a) the Landlord be liable for consequential, special, exemplary or punitive damages or any damages in the nature of any of the foregoing or damages for loss of business or business opportunities or (b) any breach by Landlord of its obligations hereunder entitle Tenant to terminate this Lease. Section 37.07 Landlord notwithstanding any contrary provisions of this Lease, shall not be liable for damages to Tenant or its subtenants or an Affiliated Entity, except for its negligence or willful misconduct, to either person or property. In addition, Landlord shall not be liable deemed to have evicted Tenant or effected an eviction of Tenant or a termination of this Lease or, be subject to any abatement of Base Rent and Additional Rent and Tenant shall not be relieved from performance of any covenant on its part to be performed hereunder by reason of (i) failure by Landlord to fulfill its obligations hereunder, (ii) breakdown of equipment or machinery, (iii) causes or circumstances attributable to events or conditions outside the Demised Premises boundaries, or (iv) the acts or omissions of others. Landlord shall use reasonable diligence to make such repairs as may be required to machinery or equipment within the Demised Premises to provide restoration of services required hereunder to be provided by Landlord to Tenant for any specialand, indirectwhere the cessation or interruption of such service has occurred due to circumstances or conditions beyond the Demised Premises boundaries, or consequential damages arising out the acts or omissions of Landlord's breach others, to seek restoration of this Lease.such services by diligent application or request to the provider. ​

Appears in 1 contract

Samples: Lease (Highland Transcend Partners I Corp.)

Parties Bound. 36.01 Section 37.01. The obligation of terms, covenants and conditions contained in this Lease shall bind and inure to the benefit the of Owner and Tenant and, except as otherwise provided in this Lease, their respective heirs, distributees, executors, administrators, successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 24assigns. However, the obligations of Landlord Owner under this Lease shall not no longer be binding upon Landlord Owner named herein after the sale, assignment or transfer by Owner named with respect to herein (or upon any period subsequent to Owner after the sale, assignment or transfer by such subsequent Owner) of its interest in the Building as owner or lessee thereof lessee, and in the event of any such transfer said sale, assignment or transfer, such obligations shall thereafter be binding upon each the grantee, assignee or other transferee of the interest of Landlord herein named as such owner interest, and any such grantee, assignee or lessee transferee, by accepting such interest, shall be deemed to have assumed such obligations. A lease of the Building, but only with respect to the period ending with entire Building shall be deemed a subsequent transfer within the meaning of this Article. 36.02the foregoing sentence. If Landlord Neither the partners (direct or indirect) comprising Owner, nor the shareholders (nor any of the partners comprising same), partners, directors or officers of any of the foregoing (collectively, the “Owner’s Parties”) shall be an individual, joint venture, tenancy liable for the performance of Owner’s obligations under this Lease. Tenant shall look solely to Owner to enforce Owner’s obligations hereunder and shall not seek any damages against any of the Owner’s Parties. Notwithstanding anything contained in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporationthis Lease to the contrary, Tenant shall look only solely to such Landlord's the estate and property interest of Owner, its successors and assigns, in the Real Property and Building (or the proceeds thereof) and, where expressly so provided in this Lease, to offset against the rents payable under this Lease for the collection of a judgment (or other judicial process) which requires the payment of money by Landlord in the event satisfaction of any default judgment recovered against Owner based upon the breach by Landlord hereunder. No Owner of any of the terms, conditions or covenants of this Lease on the part of Owner to be performed, and no other property or assets of such Landlord Owner or any of Owner’s Parties shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's ’s remedies under or with respect to either this Lease, the relationship of Landlord landlord and Tenant hereunder tenant hereunder, or Tenant's ’s use or and occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease. 

Appears in 1 contract

Samples: Lease Agreement (Bankrate, Inc.)

Parties Bound. 36.01. 31.01 The obligation obligations of this Lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 36 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article 31 shall not be construed as modifying the conditions of limitation contained in Article 2425. However, the obligations of Landlord under this Lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof together with Tenant’s security that has not previously been applied or retained and in the event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this ArticleArticle 31. 36.02. If Landlord shall be an individual, joint venture, tenancy in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, 31.02 Tenant shall may look only to such Landlord's ’s estate and property in the Building (for the satisfaction of Tenant’s remedies or the proceeds thereof) and, where expressly so provided in this Lease, to offset against the rents payable under this Lease for the collection of a judgment (or other judicial process) which requires or arbitration award requiring the payment of money by Landlord in the event of any default by Landlord hereunder. No , and no other property or assets of such Landlord or any partner or member of Landlord, disclosed or undisclosed, shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's ’s remedies under or with respect to this Lease, the relationship of Landlord landlord and Tenant tenant hereunder or under law or Tenant's ’s use or occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Tangoe Inc)

Parties Bound. 36.01. 36.01 The obligation obligations of this Lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 9 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 2425. However, the obligations of Landlord under this Lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and in event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this Article. 36.02. If Landlord shall be an individual, joint venture, tenancy in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, 36.02 Tenant shall look only to such Landlord's estate and property in the Building (or the proceeds thereof) and, where expressly so provided in this Lease, to offset against the rents payable under this Lease Lease, for the satisfaction of Tenant's remedies for the collection of a judgment (or other judicial process) which requires requiring the payment of money by Landlord in the event of any default by Landlord hereunder. No , and no other property or assets of such Landlord or any partner, member, officer or director thereof, disclosed or undisclosed shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to this Lease, the relationship of Landlord and Tenant hereunder or Tenant's use or occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease.

Appears in 1 contract

Samples: Lease (Aveta Inc)

Parties Bound. 36.01. 36.01 The obligation obligations of this Lease lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 9 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 2425. However, the obligations of Landlord under this Lease lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building Unit as owner or lessee thereof (other than obligations which accrued and are existing as of the date of the transfer)and in the event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the BuildingUnit, but only with respect to the period ending with a subsequent transfer within the meaning of this Article. 36.02. 36.02 If Landlord shall be an individual, joint venture, tenancy in common, co-partnership, unincorporated association, limited liability company or other unincorporated aggregate of individuals and/or entities or a corporation, Tenant shall look only to such Landlord's estate ’s estate, property and property interest in the Building (or and the rentals and proceeds thereof) and, where expressly so provided in this Leaselease, to offset against the rents payable under this Lease lease, for the satisfaction of Tenant’s remedies for the collection of a judgment (or other judicial process) which requires requiring the payment of money by Landlord in the event of any default by Landlord hereunder. No , and no other property or assets of such Landlord or any partner, member, officer or director thereof, disclosed or undisclosed shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's ’s remedies under or with respect to this Leaselease, the relationship of Landlord and Tenant hereunder or Tenant's ’s use or occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease.

Appears in 1 contract

Samples: Lease (American Realty Capital New York Recovery Reit Inc)

Parties Bound. 36.01. 35.01 The obligation obligations of this Lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 10 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 2425. However, the obligations of Landlord under this Lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and in the event of such transfer said the obligations thereafter shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this Article, and such transferee, by accepting such interest, shall be deemed to have assumed such obligations except only as may be expressly otherwise provided in this Lease. A lease of Landlord's entire interest in the Building as owner or lessee thereof shall be deemed a transfer within the meaning of this Article. For any transfer, Landlord shall require the transferee to assume and accept the obligations relating to the Security Deposit hereunder. 36.02. If Landlord shall be an individual, joint venture, tenancy in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, 35.02 Tenant shall look only solely to such Landlord's the estate and property interest of Landlord, its successors and assigns, in the land and Building (or the proceeds thereof) and, where expressly so provided in this Lease, to offset against the rents payable under this Lease for the collection of a judgment (or other judicial process) which requires requiring the payment of money by Landlord in the event of any default by Landlord hereunder. No , and no other property or assets of such Landlord shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to either this Lease, the relationship of Landlord and Tenant hereunder or Tenant's use or and occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease.

Appears in 1 contract

Samples: Lease (Clarus Corp)

Parties Bound. 36.01SECTION 37.01. The obligation of terms, covenants and conditions contained in this Lease shall bind and inure to the benefit the of Owner and Tenant and, except as otherwise provided in this Lease, their respective heirs, distributees, executors, administrators, successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 24assigns. However, the obligations of Landlord Owner under this Lease shall not no longer be binding upon Landlord Owner named herein after the sale, assignment or transfer by Owner named with respect to herein (or upon any period subsequent to Owner after the sale, assignment or transfer by such subsequent Owner) of its interest in the Building as owner or lessee thereof lessee, and in the event of any such transfer said sale, assignment or transfer, such obligations shall thereafter be binding upon each the grantee, assignee or other transferee of the interest of Landlord herein named as such owner interest, and any such grantee, assignee or lessee transferee, by accepting such interest, shall be deemed to have assumed such obligations. A lease of the Building, but only with respect to the period ending with entire Building shall be deemed a subsequent transfer within the meaning of this Article. 36.02the foregoing sentence. If Landlord Neither the partners (direct or indirect) comprising Owner, nor the shareholders (nor any of the partners comprising same), partners, directors or officers of any of the foregoing (collectively, the "OWNER'S PARTIES") shall be an individual, joint venture, tenancy liable for the performance of Owner's obligations under this Lease. Tenant shall look solely to Owner to enforce Owner's obligations hereunder and shall not seek any damages against any of the Owner's Parties. Notwithstanding anything contained in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporationthis Lease to the contrary, Tenant shall look only solely to such Landlord's the estate and property interest of Owner, its successors and assigns, in the Real Property and Building (or the proceeds thereof) and, where expressly so provided in this Lease, to offset against the rents payable under this Lease for the collection of a judgment (or other judicial process) which requires the payment of money by Landlord in the event satisfaction of any default judgment recovered against Owner based upon the breach by Landlord hereunder. No Owner of any of the terms, conditions or covenants of this Lease on the part of Owner to be performed, and no other property or assets of such Landlord Owner or any of Owner's Parties shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to either this Lease, the relationship of Landlord landlord and Tenant hereunder tenant hereunder, or Tenant's use or and occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Iturf Inc)

Parties Bound. 36.01. 36.01 The obligation obligations of this Lease lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 9 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 2425. However, the obligations of Landlord under this Lease lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and in event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this Article. 36.02. 36.02 If Landlord shall be an individual, joint venture, tenancy in common, partnershipcopartnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, Tenant shall look only to such Landlord's estate and property in the Building (or the proceeds thereof) and, where expressly so provided in this Leaselease, to offset against the rents payable under this Lease lease, for the satisfaction of Tenant's remedies for the collection of a judgment (or other judicial process) which requires requiring the payment of money by Landlord in the event of any default by Landlord hereunder. No , and no other property or assets of such Landlord or any partner, member, officer or director thereof, disclosed or undisclosed shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to this Lease, lease,. the relationship of Landlord and Tenant hereunder or Tenant's use or occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease.

Appears in 1 contract

Samples: Lease (Philipp Brothers Chemicals Inc)

Parties Bound. 36.01. 34.1 The obligation obligations of this Lease lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 24. However, the obligations of Landlord under this Lease lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building and/or Real Property as owner or lessee thereof and in the event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the BuildingBuilding and/or Real Property, but only with respect to the period ending with a subsequent transfer within the meaning of this ArticleSection. 36.02. 34.2 If Landlord shall be an individual, joint venture, tenancy in common, co-partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, Tenant shall look only to such Landlord's estate and property in the Building (or the proceeds thereofthereof in the event of a sale of the Building) and, where if and when expressly so provided in this Leaselease, to offset against the rents payable under this Lease lease, for the satisfaction of Tenant's remedies for the collection of a judgment (or other judicial process) which requires requiring the payment of money by Landlord in the event of any default by Landlord hereunder. No , and no other property or assets of such Landlord or any partner, member, officer or director thereof, disclosed or undisclosed, shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to this Leaselease, the relationship of Landlord and Tenant hereunder hereunder, or Tenant's use or occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Build a Bear Workshop Inc)

Parties Bound. 36.01SECTION 37.01. The obligation of terms, covenants and conditions contained in this Lease shall bind and inure to the benefit the of Owner and Tenant and, except as otherwise provided in this Lease, their respective heirs, distributees, executors, administrators, successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 24assigns. However, the obligations of Landlord Owner under this Lease shall not no longer be binding upon Landlord Owner named herein after the sale, assignment or transfer by Owner named with respect to herein (or upon any period subsequent to Owner after the sale, assignment or transfer by such subsequent Owner) of its interest in the Building as owner or lessee thereof lease, and in the event of any such transfer said sale, assignment or transfer, such obligations shall thereafter be binding upon each the grantee, assignee or other transferee of the interest of Landlord herein named as such owner interest, and any such grantee, assignee or lessee transferee, by accepting such interest, shall be deemed to have assumed such obligations. A lease of the Building, but only with respect to the period ending with entire Building shall be deemed a subsequent transfer within the meaning of this Article. 36.02the foregoing sentence. If Landlord Neither the partners (direct or indirect) comprising Owner, nor the shareholders (nor any of the partners comprising same), partners, directors or officers of any of the foregoing (collectively, the "Owner's Parties") shall be an individual, joint venture, tenancy liable for the performance of Owner's obligations under the Lease. Tenant shall look solely to Owner to enforce Owner's obligations hereunder and shall not seek any damages against any of the Owner's Parties. Notwithstanding anything contained in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporationthis Lease to the contrary, Tenant shall look only solely to such Landlord's the estate and property interest of Owner, its successors and assigns, in the Real Property and Building (or the proceeds thereof) and, where expressly so provided in this Lease, to offset against the rents payable under this Lease for the collection of a judgment (or other judicial process) which requires the payment of money by Landlord in the event satisfaction of any default judgment recovered against Owner based upon the breach by Landlord hereunder. No Owner of any of the terms, conditions or covenants of this Lease on the part of Owner to be performed, and no other property or assets of such Landlord Owner or any of Owner's Parties shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to either this Lease, the relationship of Landlord landlord and Tenant hereunder tenant hereunder, or Tenant's use or and occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (United States Financial Group Inc /Ny)

Parties Bound. 36.01. The obligation of this 25.1 This Lease shall bind Agreement is binding upon and insures to the benefit the successors and assigns of the respective parties with hereto, their successors, permitted assigns, and legal representatives. 25.2 Notwithstanding the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 24. Howeverpreceding section, the obligations of Landlord under this Lease shall not be binding upon the Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building Premises, as owner or lessee thereof thereof, and in the event of such transfer of its interest in the Premises, as owner thereof, and in the event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this ArticlePremises. 36.02. If Landlord shall be an individual, joint venture, tenancy in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, 25.3 Tenant shall look only solely to such Landlord's estate the equity of Landlord in and property in to the Building (or the proceeds thereof) and, where expressly so provided in this Lease, to offset against the rents payable under this Lease for the collection building of which demised Premises is a judgment (or other judicial process) which requires the payment of money by Landlord part in the event of any a breach or default by Landlord hereunderpursuant to the provisions of this Lease, and Tenant agrees that the liability of Landlord under this Lease shall not exceed the value of such interest of Landlord in the building of which the Premises is a part. No other property properties or assets of such Landlord shall be subject to levy, execution or other enforcement procedure procedures for the satisfaction of Tenant's remedies under any judgment (or with respect to other judicial process) arising out of, or in connection with, this Lease; and if Tenant shall acquire alien on such other properties or assets by judgment or otherwise as aforesaid Tenant shall promptly release such lien on such other properties and assets by executing, the relationship of acknowledging and delivering to Landlord and Tenant hereunder or Tenant's use or occupancy of the Demised Premises. Further, Tenant agrees an instrument to that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of effect prepared by Landlord's breach of this Leaseattorney.

Appears in 1 contract

Samples: Lease Agreement (Rascals International Inc)

Parties Bound. 36.01. The obligation of this Lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 24. However, the obligations of Landlord under this Lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and in event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this Article. 36.02. If Landlord shall be an individual, joint venture, tenancy in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, Tenant shall look only to such Landlord's estate and property in the Building (or the proceeds thereof) ), all consideration received by Landlord from the sale or the disposition of any part of Landlord's right, title and interest in the Building, all available condemnation awards and insurance proceeds not used for restoration, but subject to the rights of the mortgagee and, where expressly so provided in this Lease, to offset against the rents payable under this Lease for the collection of a judgment (or other judicial process) which requires the payment of money by Landlord in the event of any default by Landlord hereunder. No other property or assets of such Landlord shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to this Lease, the relationship of Landlord and Tenant hereunder or Tenant's use or occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, . indirect, or consequential damages arising out of Landlord's breach of this Lease. 36.03. Landlord agrees that Tenant shall not be liable to Landlord for any special, indirect or consequential damages arising out of Tenant's breach of this Lease, however, rents, restoration charges, interest, late charges, fees, reimbursements, damages incurred by Landlord as a result of Tenant holding over and other damages provided for in Article 26 shall not be considered special, indirect or consequential damages.

Appears in 1 contract

Samples: Sublease Agreement (I Many Inc)

Parties Bound. 36.01. 31.1 The obligation obligations of this Lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 36 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article 31 shall not be construed as modifying the conditions of limitation contained in Article 2425. However, the obligations of Landlord under this Lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and in the event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the lessee) Building, but only with respect to the period ending with a subsequent transfer within the meaning of this ArticleArticle 31. 36.02. 31.2 If Landlord shall be an individual, joint venture, tenancy in common, partnershipcopartnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, Tenant shall look only to such Landlord's estate and property in the Building (or the proceeds thereof) and, where expressly so provided in this Lease, to offset against the rents payable under this Lease Lease, for the satisfaction of Tenant's remedies or the collection of a judgment (or other judicial process) which requires requiring the payment of money by Landlord in the event of any default by Landlord hereunder. No , and no other property or assets of such Landlord shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to this Lease, the relationship of Landlord landlord and Tenant tenant hereunder or Tenant's use or occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease.

Appears in 1 contract

Samples: Lease (Merit Behavioral Care Corp)

Parties Bound. 36.01. Section 40.01 The obligation terms of this Lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 21 shall operate to vest any rights right in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 24. However, 16. Section 40.02 (a) The term "Landlord" shall mean only the obligations owner at that time in question of Landlord under this Lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its present landlord's interest in the Building as owner or lessee thereof and in the event of such a sale or transfer said obligations shall thereafter be binding upon each transferee of the interest Building (by operation of Landlord herein named as such owner law or lessee otherwise), or in the event of the making of a lease of all or substantially all of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this Article. 36.02. If Landlord shall be an individual, joint venture, tenancy in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, Tenant shall look only to such Landlord's estate and property in the Building (or the proceeds thereof) and, where expressly so provided in this Lease, to offset against the rents payable under this Lease for the collection of a judgment (or other judicial process) which requires the payment of money by Landlord in the event of a sale or transfer (by operation of law or otherwise) of the leasehold estate under any default by Landlord hereunder. No other property such lease, the grantor, transferor or assets lessor, as the case may be, shall be and hereby is (to the extent of the interest or portion of the Building or leasehold estate sold, transferred or leased) automatically and entirely released and discharged, from and after the date of such sale, transfer or leasing, of all liability in respect of the performance of any of the terms of this Lease on the part of Landlord thereafter to be performed; provided that the purchaser, transferee or lessee (collectively, "Transferee") shall be deemed to have assumed and agreed to perform, subject to levythe limitations of this Section and Section 22.04 (and without further agreement between the then parties hereto, execution or other enforcement procedure for among such parties and the satisfaction Transferee) and only during and in respect of Tenantthe Transferee's remedies period of ownership of the Landlord's interest under or with respect to this Lease, all of the relationship terms of this Lease on the part of Landlord and Tenant hereunder or Tenant's use or occupancy to be performed during such period of ownership, which terms shall be deemed to "run with the Demised Premises. Further, Tenant agrees land" it being intended that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach obligations hereunder shall, as limited by this Article, be binding on Landlord, its successors and assigns, only during and in respect of this Leasetheir respective successive periods of ownership.

Appears in 1 contract

Samples: Lease Agreement (Jupiter Communications Inc)

Parties Bound. 36.01. 36.01 The obligation obligations of this Lease lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 9 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 2425. However, the obligations of Landlord under this Lease lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and in event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this Article. 36.02. 36.02 If Landlord shall be an individual, joint venture, tenancy in common, co-partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, Tenant shall look only to such Landlord's ’s estate and property in the Building (or the proceeds thereof) and, where expressly so provided in this Leaselease, to offset off- set against the rents payable under this Lease lease, for the satisfaction of Tenant’s remedies for the collection of a judgment (or other judicial process) which requires requiring the payment of money by Landlord in the event of any default by Landlord hereunder. No , and no other property or assets of such Landlord or any partner, member, officer or director thereof, disclosed or undisclosed shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's ’s remedies under or with respect to this Leaselease, the relationship of Landlord and Tenant hereunder or Tenant's ’s use or occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Hearst Argyle Television Inc)

Parties Bound. 36.01. 36.01 The obligation obligations of this Lease lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 9 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 2425. However, the obligations of Landlord under this Lease lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and in event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this Article. 36.02. If Landlord shall be an individual, joint venture, tenancy in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, 36.02 Tenant shall look only to such Landlord's estate and property in the Land and/or Building (or the proceeds thereofthereof including, without limitation, any proceeds of a sale of the Land and/or Building or of insurance or condemnation, subject to the rights of any mortgagee) and, where expressly so provided in this Leaselease, to offset against the rents payable under this Lease lease, for the satisfaction of Tenant's remedies for the collection of a judgment (or other judicial process) which requires requiring the payment of money by Landlord in the event of any default by Landlord hereunder. No , and no other property or assets of such Landlord or any partner, member, officer or director thereof, disclosed or undisclosed shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to this Leaselease, the relationship of Landlord and Tenant hereunder or Tenant's use or occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Bolt Inc)

Parties Bound. 36.01. The obligation obligations of this Lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 24. However, the obligations of Landlord under this Lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and in the event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this Article, and such transferee, by accepting such interest, shall be deemed to have assumed such obligations except only as may be expressly otherwise provided elsewhere in this Lease. A lease of Landlord's entire interest in the Building as owner or lessee thereof shall be deemed a transfer within the meaning of this Article 36. 36.02. If Landlord shall be an individual, joint venture, tenancy in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, Tenant shall look only solely to such Landlord's the estate and property in interest of Landlord, its successors and assigns in, to and under the Building (ground lease and the Building, or the proceeds thereof) and, where expressly so provided in this Lease, to offset against the rents payable under this Lease for the collection of a judgment (or other judicial process) which requires requiring the payment of money by Landlord in the event of any default by Landlord hereunder. No , and no other property or assets of such Landlord shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to either this Lease, the relationship of Landlord and Tenant hereunder or Tenant's use or and occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease.

Appears in 1 contract

Samples: Lease (RSL Communications PLC)

Parties Bound. 36.01. The obligation of this Lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions pr visions of Article 8 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 24. However, the obligations of Landlord under this Lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and in event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this Article. 36.02. If Landlord shall be an individual, joint venture, tenancy in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, Tenant shall look only to such Landlord's estate and property in the Building (or the proceeds thereof) and, where expressly so provided in this Lease, to offset against the th rents payable under this Lease for the collection of a judgment (or other judicial process) which requires the payment of money by Landlord in the event of any default by Landlord hereunder. No other property or assets of such Landlord shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to this Lease, the relationship of Landlord and Tenant hereunder or Tenant's use or occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlordlandlord's breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Robotic Lasers Inc)

Parties Bound. 36.01SECTION 37.01. The obligation of terms, covenants and conditions contained in this Lease shall bind and inure to the benefit the of Owner and Tenant and, except as otherwise provided in this Lease, their respective heirs, distributees, executors, administrators, successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 24assigns. However, the obligations of Landlord Owner under this Lease shall not no longer be binding upon Landlord Owner named herein after the sale, assignment or transfer by Owner named with respect to herein (or upon any period subsequent to Owner after the sale, assignment or transfer by such subsequent Owner) of its interest in the Building as owner or lessee thereof lessee, and in the event of any such transfer said sale, assignment or transfer, such obligations shall thereafter be binding upon each the grantee, assignee or other transferee of the interest of Landlord herein named as such owner interest, and any such grantee, assignee or lessee transferee, by accepting such interest, shall be deemed to have assumed such obligations. A lease of the Building, but only with respect to the period ending with entire Building shall be deemed a subsequent transfer within the meaning of this Article. 36.02the foregoing sentence. If Landlord Neither the partners (direct or indirect) comprising Owner, nor the shareholders (nor any of the partners comprising same), partners, directors or officers of any of the foregoing (collectively, the "Owner's Parties") shall be an individual, joint venture, tenancy liable for the performance of Owner's obligations under this Lease. Tenant shall look solely to Owner to enforce Owner's obligations hereunder and shall not seek any damages against any of the Owner's Parties. Notwithstanding anything contained in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporationthis Lease to the contrary, Tenant shall look only solely to such Landlord's the estate and property interest of Owner, its successors and assigns, in the Real Property and Building (or the proceeds thereof) and, where expressly so provided in this Lease, to offset against the rents payable under this Lease for the collection of a judgment (or other judicial process) which requires the payment of money by Landlord in the event satisfaction of any default judgment recovered against Owner based upon the breach by Landlord hereunder. No Owner of any of the terms, conditions or covenants of this Lease on the part of Owner to be performed, and no other property or assets of such Landlord Owner or any of Owner's Parties shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to either this Lease, the relationship of Landlord landlord and Tenant hereunder tenant hereunder, or Tenant's use or and occupancy of the Demised Premises. FurtherSINGLE RIGHTS FOR ADDITIONAL OPTION SPACES SECTION 38.01. Commencing on the first (1st) day of the fourth (4th) anniversary of the Commencement Date and expiring on the day which is the date immediately the sixth (6th) anniversary of the Commencement Date and provided (a) Tenant is not then in default under any of the terms, covenants or conditions of this Lease on Tenant's part to be observed and performed after notice and the expiration of applicable cure periods, and (b) Tenant, in contradistinction to any subtenants or other occupants, shall then be in occupancy of at least eighty (80%) percent of the space leased to Tenant under this Lease (for the purposes of this Article 38, any space leased to Tenant under this Lease which has been eliminated from the Demised Premises pursuant to the provisions of Section 11.03 shall be deemed space leased to Tenant under this Lease), and subject to the rights of any other then tenant or occupant of the Building Tenant shall have the single option, subject to the provisions of this Article, exercisable in accordance with the provisions of Section 38.02, to lease and add to the Demised Premises any space on the entire seventeenth (17th) or parts of the fifteenth (15th) and fourteenth (14th) floors of the Building containing from 4,000 to 6,000 rentable square feet (measured in the same manner as the Demised Premises were measured) which, after the initial leasing by Owner of such space, becomes, or is about to become, available for leasing during the Demised Term. Tenant agrees that Landlord Owner may initially lease any space on the fifteenth (15th) or seventeenth (17th) floors of the Building for whatever term, and upon all other terms, covenants and conditions, and to whomever it desires in Owner's sole judgment. No such space shall be deemed "available for leasing" if (a) the then tenant of such space, or any assignee, successor, subtenant or other occupant holding through or under such tenant, shall enter into (i) any agreement with Owner extending the letting agreement affecting such space, or (ii) any new lease with Owner affecting such space, or (b) any other tenant in the Building, including, but not limited to Netcast Communications, Corp. (referred to as "Netcast") or any assignee or successor of such other tenant, shall exercise any contractual option or right which it has to lease such space. Accordingly, in amplification and not in limitation of the provisions of the preceding sentence, Tenant acknowledges and agrees that any options granted to Tenant pursuant to the provisions of this Article are subordinate to the options granted to Netcast, pursuant to its lease of space on the sixteenth (16th) floor of the Building, and that Tenant shall not have any option to lease any space on the fifteenth (15th) or seventeenth (17th) floors of the Building if Netcast exercises its option to lease such space in question. SECTION 38.02. In the event that any such space shall become or about to become available for leasing in accordance with the provisions of Section 38.01, Owner shall give notice thereof to Tenant (any such notice is referred to as an "Availability Notice"), which Notice may be given not earlier than eighteen (18) months prior to the date set forth in such Notice on which such space is expected to become vacant and available for leasing and, in such event, Tenant shall have the option, exercisable only by notice given to Owner within twenty (20) days next following the date of the giving of such Availability Notice to lease and add such space to the Demised Premises; (any such space is referred to as an "Additional Option Space"; any such date set forth in an Availability Notice is referred to as an "Applicable Expected Vacancy Date"; and any notice given by Tenant to Owner exercising any such option is referred to as an "Additional Option Notice"). In the event that any Additional Option Space shall become available for leasing sooner than the Applicable Expected Vacancy Date because of the termination of the term of the lease affecting such space, or a voluntary agreement to surrender resulting from the imminent bankruptcy of the tenant thereof, as opposed to the expiration of said lease prior to its original expiration date, Owner shall have the right to accelerate the Applicable Expected Vacancy Date by not less than thirty (30) days' prior notice to Tenant. Owner shall accompany any Availability Notice with a plan designating the location and size of the Additional Option Space. Any such space shall be leased and added to the Demised Premises at an annual rental rate equal to the fair market annual rental value of the applicable Additional Option Space on the commencement date of the term applicable thereto, as determined by agreement between Owner and Tenant or by arbitration in accordance with the provisions of Section 38.07 (but in no event shall the Fixed Rent per rentable square foot, from time to time, applicable to the Additional Option Space be less than the Fixed Rent per rentable 60 square foot in effect, from time to time, applicable to the original portion of the Demised Premises [before giving effect to any abatement or apportionment of such Fixed Rent]), and such Additional Option Space shall otherwise be leased and added to the Demised Premises upon the same executory terms, covenants and conditions as are contained in this Lease (including, but not limited to, the provisions of Article 23 and the definition of Base Operating Expenses set forth therein) except as otherwise provided in this Article, adjusted to reflect (x) the number of rentable square feet contained in the applicable Additional Option Space, (determined in the same manner as the rentable square feet were determined in the original portion of the Demised Premises), and (y) that the term shall commence on the Applicable Expected Vacancy Date, as the same may have been accelerated by Owner pursuant to the provisions of this Section 38.02, subject, however, to the provisions of Section 38.03. SECTION 38.03. Owner and Tenant acknowledge the possibility that all or any of the tenants or occupants of the Additional Option Space may not have vacated and surrendered all or any portions of the Additional Option Space to Owner by the Applicable Expected Vacancy Date. Accordingly, notwithstanding anything to the contrary contained in Sections 38.01 to 38.02 or in any Availability Notice, (a) the term of this Lease applicable to the Additional Option Space in question shall commence (i) on the Applicable Expected Vacancy Date with respect to those portions, if any, of the Additional Option Space which are vacant on the Applicable Expected Vacancy Date, and (ii) with respect to those portions, if any, of the Additional Option Space which are not vacant on the Applicable Expected Vacancy Date, on the respective later date or dates upon which such portions of the Additional Option Space become vacant and Owner gives notice to Tenant of such vacancy; (b) the Expiration Date shall not be liable affected thereby; (c) the increases in the Fixed Rent, the Demised Premises Area, Tenant's Electrical Share and all other modifications of this Lease resulting from the application of the provisions of this Article shall be equitably adjusted to reflect the fact that all or any portions of the Additional Option Space have not been leased and added to the Demised Premises on the Applicable Expected Vacancy Date; (d) except as set forth in this sentence, neither the validity of this Lease nor the obligations of Tenant under this Lease shall be affected thereby; (e) Tenant waives any rights under Section 223-a of the Real Property Law of New York or any successor statute of similar import to rescind this Lease and further waives the right to recover any damages against Owner which may result from the failure of Owner to deliver possession of all or any portions of the Additional Option Space on the Applicable Expected Vacancy Date; and (f) Owner shall institute, within twenty (20) days after the Applicable Expected Vacancy Date, possession proceedings against any tenants or occupants who have not vacated and surrendered all or any portion of the Additional Option Space, and shall prosecute such proceedings to completion with reasonable diligence. SECTION 38.04. It is understood and agreed that time is of the essence with respect to the exercise of any option pursuant to this Article and that if Tenant does not exercise such option within the time limitation set forth in Section 38.02, any notice purporting to exercise such option given after the expiration of such time limitation shall be void and of no force and effect and the provisions of this Article shall be of no further force and effect to the end that Tenant shall have no right to lease any additional space pursuant to the provisions of this Article. SECTION 38.05. In the event that Tenant shall timely exercise the option set forth in this Article then Tenant shall have no further rights to lease any further additional space pursuant to the provisions of this Article and on the effective commencement date of the term applicable to such additional Option Space, this Lease shall be deemed modified as follows: A. The Demised Premises shall include the Additional Option Space (together with all appurtenances, fixtures, improvements, additions and other property attached thereto or installed therein upon the commencement of the term applicable to the Additional Option Space or at any time during said term, other than Tenant's Personal Property) for any special, indirect, or consequential damages arising out of Landlord's breach all purposes of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Appliedtheory Corp)

Parties Bound. 36.01SECTION 28.01. The obligation of terms, covenants and conditions contained in this Lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 7 shall operate to vest any rights in any successor or assignee of or Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 2414. SECTION 28.02. However, the The obligations of Landlord arising under this Lease shall not no longer be binding upon Landlord named herein after the sale, assignment or transfer by Landlord named with respect to herein (or upon any period subsequent to landlord after the sale, assignment or transfer by such subsequent landlord) of its interest in the Building as owner or lessee thereof and lessee, and, in the event of such transfer said sale, assignment or transfer, such obligations shall thereafter be binding upon each the grantee, assignee or other transferee of such interest, and any such grantee, assignee or transferee, by accepting such interest, shall be deemed to have assumed such obligations. A lease of Landlord's entire interest in the interest Building shall be deemed a transfer for the purposes of this Section. SECTION 28.03. In connection with the provisions of this Lease and the obligations and covenants of Landlord herein named as such owner set forth, if Landlord or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this Article. 36.02. If Landlord shall any successor in interest be an individual, joint venture, tenancy in tenancy-in-common, co-partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities (all of which are referred to below, individually and collectively, as an "UNINCORPORATED LANDLORD"), or a corporationlimited liability company, a limited liability partnership or any other entity which possesses the characteristics of limited liability (all of which are referred to below, individually and collectively, as a "LIMITED LIABILITY LANDLORD"), then anything elsewhere to the contrary notwithstanding, Tenant shall look only solely to such Landlord's the estate and property of such unincorporated landlord or limited liability landlord in the Building (or and Common Areas for the proceeds thereof) andsatisfaction of Tenant's remedies, where expressly so provided in this Lease, to offset against the rents payable under this Lease for the collection of a judgment (or other judicial process) which requires requiring the payment of money by Landlord in the event of any default or breach by Landlord hereunderwith respect to any of the terms, covenants and conditions of this Lease to be observed and/or performed by Landlord. No other property or assets of such Landlord unincorporated landlord, or any general or limited partner thereof, or of such limited liability landlord, shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under remedies. SECTION 28.04. Any provision of this Lease which requires Landlord not to unreasonably withhold its consent shall never be the basis for an award of damages or give rise to a right of setoff to the other party, but may be the basis for a declaratory judgment or specific injunction with respect to the matter in question. SECTION 28.05. Nothing contained in this LeaseLease shall be deemed to confer upon any tenant, or anyone claiming under or through any tenant, any right to insist upon, or to enforce against Landlord or Tenant, the relationship performance or observance by Tenant of Landlord and Tenant its obligations hereunder or Tenant's use or occupancy of under the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this LeaseRules and Regulations.

Appears in 1 contract

Samples: Lease (Renaissance Cosmetics Inc /De/)

Parties Bound. 36.01. The obligation of this Lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 24. However, No landlord hereunder shall be liable for any obligation or liability based on or arising out of any event or condition occurring during the obligations period that such landlord was not the owner of Landlord under this Lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and in event of such transfer said obligations shall thereafter be binding upon each transferee of the a landlord’s interest of Landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this Articletherein. 36.02. If Landlord shall be an individual, joint venture, tenancy in common, partnership, trust, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, Tenant shall look only to such Landlord's ’s estate and property in the Building (or and the Land and proceeds thereof) therefrom and, where expressly so provided in this Lease, to offset against the rents payable under this Lease for the collection of a judgment (or other judicial process) which requires the payment of money by Landlord in the event of any default by Landlord hereunder. No other property or assets of such Landlord shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's ’s remedies under or with respect to this Lease, the relationship of Landlord and Tenant hereunder hereunder, or Tenant's ’s use or occupancy of the Demised Premises. Further, Landlord and Tenant agrees each agree that Landlord the other shall not be liable to Tenant it for any special, indirect, or consequential damages arising out of Landlord's the other’s breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Ikanos Communications)

Parties Bound. 36.01. 36.01 The obligation obligations of this Lease lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 9 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 2425. However, the obligations of Landlord under this Lease lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and in event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this Article. 36.02. If Landlord shall be an individual, joint venture, tenancy in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, 36.02 Tenant shall look only to such Landlord's estate and property in the Building (or the rents and proceeds thereof) and, where expressly so provided in this Leaselease, to offset against the rents payable under this Lease lease, for the satisfaction of Tenant's remedies for the collection of a judgment (or other judicial process) which requires requiring the payment of money by Landlord in the event of any default by Landlord hereunder. No , and no other property or assets of such Landlord or any partner, member, officer or director thereof, disclosed or undisclosed shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to this Leaselease, the relationship of Landlord and Tenant hereunder or Tenant's use or occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease.

Appears in 1 contract

Samples: Lease (Atalanta Sosnoff Capital Corp /De/)

Parties Bound. 36.01. Section 19.01 The obligation covenants, agreements, terms, provisions and conditions of this Lease shall bind and benefit the successors respective successors, assigns and assigns legal representative of the parties hereto with the same effect as if mentioned in each instance where a party hereto is named or referred to, except that no violation of the provisions of Article 8 25 hereof shall operate to vest any rights in any successor successor, assignee or assignee legal representative of Tenant and that the provisions of this Article 19 shall not be construed as modifying the conditions of limitation contained in Article 2412 hereof. HoweverIt is understood and agreed, however, that the covenants and obligations on the part of Landlord under this Lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and Building, that in the event of such a transfer said covenants and obligations shall thereafter be binding upon each transferee of the such interest of Landlord herein named as such owner or lessee of the Buildingnamed, but only with respect to the period ending with a subsequent transfer of such interest, and that a lease of the entire interest shall be deemed a transfer within the meaning of this ArticleArticle 19. 36.02. Section 19.02 If Landlord Tenant is or becomes a partnership (or is or becomes comprised of two (2) or more persons, individually and/or as co-partners of a partnership) or if Tenant’s interest in this Lease shall be an individualassigned to a partnership (or to two (2) or more persons, joint ventureindividually and/or as co-partners of a partnership) (any such partnership and such persons are referred to in this Section as “Partnership Tenant”), tenancy in common, partnership, unincorporated association, or other unincorporated aggregate the following provisions of individuals and/or entities or a corporation, this Section shall apply to such Partnership Tenant: (a) the liability of each of the parties comprising Partnership Tenant shall look only be joint and several, and (b) each of the parties comprising Partnership Tenant hereby consents in advance to, and agrees to such Landlord's estate and property in the Building (be bound by, any written instrument which may hereafter be executed, changing, modifying or the proceeds thereof) and, where expressly so provided in discharging this Lease, in whole or in part, or surrendering all or any part of the Premises to offset against the rents payable under Landlord or renewing or extending this Lease and by any notices, demands, requests or other communications which may hereafter be given, by Partnership Tenant or by any of the parties comprising Partnership Tenant, and (c) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant or to any of the parties comprising Partnership Tenant shall be deemed given or rendered to Partnership Tenant and to all such parties and shall be binding upon Partnership Tenant and all such parties, and (d) if Partnership Tenant shall admit new partners, all of such new partners shall, by their admission to Partnership Tenant, be deemed to have assumed performance of all the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed, and (e) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new partners, and upon demand of Landlord, shall cause each such new partner to execute and deliver to Landlord an agreement in form satisfactory to Landlord, wherein each such new partner shall assume performance of all of the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed (but neither Landlord’s failure to request any such agreement nor the failure of any such new partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of subdivision (d) of this Section). Section 19.03 If Tenant is or becomes a professional corporation or if Tenant is or becomes a Partnership Tenant which contains professional corporations as partners, then the shareholders of such professional corporation and/or the shareholder of any professional corporation which is a partner of a Partnership Tenant, as the case may be, shall have joint and several personal liability for the collection of a judgment (or other judicial process) which requires the payment of money by Landlord in the event of any default by Landlord hereunder. No other property or assets of such Landlord shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to this Lease, the relationship of Landlord and Tenant hereunder or Tenant's use or occupancy full performance of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach terms and conditions of this Lease. Tenant shall, from time to time and within five (5) days after Landlord makes a request therefor, cause (i) each shareholder of Tenant, if Tenant is a professional corporation and/or (ii) the shareholder of any professional corporation which is a partner of a Partnership Tenant to execute such documents as Landlord requires to create and confirm the personal liability of such shareholder(s). Section 19.04 Intentionally deleted.

Appears in 1 contract

Samples: Lease (Crown Media Holdings Inc)

Parties Bound. 36.01. 29.01 The obligation obligations of this Lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 13 shall operate to vest any rights in any successor or assignee of Tenant Tenant, and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 24. 20, However, the obligations of Landlord under this Lease shall not be binding upon Landlord herein named with respect to any period subsequent subseguent to the transfer of its interest in the Building as owner or lessee thereof and in the event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the Building, but only with respect to obligations arising during the period commencing with such transfer and ending with a subsequent transfer within the meaning of this Article, and such transferee, by accepting such interest, shall be deemed to have assumed such obligations except only as may be expressly otherwise provided elsewhere in this Lease. A Lease of Landlord’s entire interest in the Building as owner or lessee thereof shall be deemed a transfer within the meaning of this Article 29. 36.02. If Landlord shall be an individual, joint venture, tenancy in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, 29.02 Tenant shall look only solely to such Landlord's the estate and property interest of Landlord, its successors and assigns, in the land and Building (or the proceeds thereof) and, where expressly so provided in this Lease, to offset against the rents payable under this Lease for the collection of a judgment (or other judicial process) which requires requiring the payment of damages or money by Landlord in the event of any default by Landlord hereunder. No , and no other property or assets of such Landlord (or of any partner, member, officer, director, shareholder, principal, employee or agent of Landlord) shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's ’s remedies under or with respect to either this Lease, the relationship of Landlord and Tenant hereunder or Tenant's ’s use or and occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease.

Appears in 1 contract

Samples: Sublease (Radiation Therapy Services Holdings, Inc.)

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Parties Bound. 36.01. 37.01 The obligation of this Lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 24. However, the obligations of Landlord under this Lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and in event of such transfer transfer, said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this Article. 36.02. If Landlord shall be an individual37.02 The liability of Landlord, joint venture, tenancy in common, partnership, unincorporated associationany agent of Landlord, or other unincorporated aggregate any of individuals and/or entities or a corporationtheir respective officers, Tenant shall look only to such Landlord's estate directors, shareholders, partners, members and property in the Building (or the proceeds thereof) and, where expressly so provided in this Leaseemployees, to offset against the rents payable under this Lease Tenant for the collection of a judgment (or other judicial process) which requires the payment of money by Landlord in the event respect of any default by Landlord hereunder. No under the terms of this Lease or in respect of any other property claim or assets cause of such Landlord action shall be subject limited to levyLandlord’s interest in the Property, execution or other enforcement procedure and Tenant agrees to look solely to Landlord’s interest in the Property for the recovery and satisfaction of Tenant's remedies under or with respect to this Leaseany judgment against Landlord, the relationship any agent of Landlord and Tenant hereunder or Tenant's use or occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirectLandlord, or consequential damages arising out any of Landlord's breach of this Leasetheir respective officers, directors, shareholders, partners, members and employees. LANDLORD SHALL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES OR DAMAGES ON ACCOUNT OF LOSS OF BUSINESS, INCONVENIENCE OR ANNOYANCE, UNDER OR WITH RESPECT TO THIS LEASE, THE RELATIONSHIP OF LANDLORD AND TENANT HEREUNDER, OR THE USE AND OCCUPANCY OF THE DEMISED PREMISES BY TENANT OR BY ANY PARTY CLAIMING BY, THROUGH OR UNDER TENANT, OR OTHERWISE, IN RESPECT OF, OR APPURTENANT TO, THIS LEASE, THE DEMISED PREMISES, THE BUILDING OR THE PROPERTY.

Appears in 1 contract

Samples: Lease Agreement (GX Acquisition Corp.)

Parties Bound. 36.01This Agreement shall inure to the benefit of, and be binding upon, the parties hereto and their respective heirs, personal representatives, successors and permitted assigns. The obligation Notwithstanding the foregoing, the rights and obligations under this Agreement of an initial party hereto or a permitted assignee thereof may be assigned without such consent with a transfer of such Shares to a member of such Stockholder's "immediate family" or an "Affiliate" of such Stockholder (as these terms are defined below) or a member of the `immediate family" of such Affiliate. Any Stockholder effectuating any transfer pursuant to the preceding sentence shall, as a condition to such transfer, first obtain an agreement in writing from such transferee to be bound by all of the terms and provisions of this Lease shall bind and benefit the successors and assigns of the parties Agreement with the same force and effect as if mentioned in each instance where such transferee were a party is named or referred to"Stockholder" (and such transferee shall then be considered, except that no violation for all purposes of this Agreement, a "Stockholder" and member of the provisions group of Article 8 Stockholders (i.e., Zimmerman, Banks Family or Palxxxxx/Xxxman Stockholders) from whicx xxxx transferee received the transferred Shares or interest therein. Nothing herein (except as provided in Section 2) shall operate be construed as otherwise limiting a Stockholder's right to vest transfer his, her or its Shares; however any rights in any successor or assignee of Tenant and that such transferee, other than pursuant to the provisions of this Article immediately preceding two sentences, shall not be construed as modifying the conditions of limitation contained in Article 24. However, the obligations of Landlord under this Lease shall not be binding upon Landlord herein named with respect to any period subsequent entitled to the transfer of its interest in the Building as owner or lessee thereof rights and in event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning benefits of this Article. 36.02. If Landlord shall be an individual, joint venture, tenancy in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, Tenant shall look only to such Landlord's estate and property in the Building (or the proceeds thereof) and, where expressly so provided in this Lease, to offset against the rents payable under this Lease for the collection of a judgment (or other judicial process) which requires the payment of money by Landlord in the event of any default by Landlord hereunder. No other property or assets of such Landlord Agreement but shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies obligations under or with respect to this Lease, the relationship of Landlord and Tenant hereunder or Tenant's use or occupancy Agreement of the Demised Premisesgroup of Stockholders from which such transferee acquired such Shares. FurtherAll rights and authority granted herein by each Stockholder shall survive the death or incapacity of the Stockholder. The stock certificates evidencing Shares held by such Stockholder (and any Shares issued to transferees thereof to whom this Agreement applies) shall, Tenant agrees that Landlord shall not be liable so long as this Agreement pertains thereto, bear the following legend: "The shares represented by this certificate are subject to Tenant for any specialthe terms and conditions of a Stockholders Agreement dated as of April 29, indirect2004 by and among certain stockholders of the Company, or consequential damages arising out a copy of Landlord's breach which is on file at the principal office of this Leasethe Company."

Appears in 1 contract

Samples: Stockholders Agreement (GVC Venture Corp /De/)

Parties Bound. 36.01. The obligation of this 25.1 This Lease shall bind Agreement is binding upon and insures to the benefit the successors and assigns of the respective parties with hereto, their successors, permitted assigns, and legal representatives. 25.2 Notwithstanding the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 24. Howeverpreceding section, the obligations of Landlord under this Lease shall not be binding upon the Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building Premises, as owner or lessee thereof thereof, and in the event of such transfer of its interest in the Premises, as owner thereof, and in the event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this ArticlePremises. 36.02. If Landlord shall be an individual, joint venture, tenancy in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, 25.3 Tenant shall look only solely to such Landlord's estate the equity of Landlord in and property in to the Building (or the proceeds thereof) and, where expressly so provided in this Lease, to offset against the rents payable under this Lease for the collection building of which demised Premises is a judgment (or other judicial process) which requires the payment of money by Landlord part in the event of any a breach or default by Landlord hereunderpursuant to the provisions of this Lease, and Tenant agrees that the liability of Landlord under this Lease shall not 132 exceed the value of such interest of Landlord in the building of which the Premises is a part. No other property properties or assets of such Landlord shall be subject to levy, execution or other enforcement procedure procedures for the satisfaction of Tenant's remedies under any judgment (or with respect to other judicial process) arising out of, or in connection with, this Lease; and if Tenant shall acquire alien on such other properties or assets by judgment or otherwise as aforesaid Tenant shall promptly release such lien on such other properties and assets by executing, the relationship of acknowledging and delivering to Landlord and Tenant hereunder or Tenant's use or occupancy of the Demised Premises. Further, Tenant agrees an instrument to that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of effect prepared by Landlord's breach of this Leaseattorney.

Appears in 1 contract

Samples: Lease Agreement (Rascals International Inc)

Parties Bound. 36.01. 36.01 The obligation obligations of this Lease lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 9 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 2425. However, the obligations of Landlord under this Lease lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and in event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this Article. 36.02. If Landlord shall be an individual, joint venture, tenancy in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, 36.02 Tenant shall look only to such Landlord's estate and property in the Building (or the including proceeds thereofof insurance and condemnation) and, where expressly so provided in this Leaselease, to offset against the rents payable under this Lease lease, for the satisfaction of Tenant's remedies for the collection of a judgment (or other judicial process) which requires requiring the payment of money by Landlord in the event of any default by Landlord hereunder. No , and no other property or assets of such Landlord or any partner, member, officer or director thereof, disclosed or undisclosed shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to this Leaselease, the relationship of Landlord and Tenant hereunder or Tenant's use or occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (About Com Inc)

Parties Bound. 36.01. 36.01 The obligation obligations of this Lease lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 9 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 2425. However, the obligations of Landlord under this Lease lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and in event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this Article. 36.02. 36.02 If Landlord shall be an individual, joint venture, tenancy in common, co-partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, Tenant shall look only to such Landlord's estate and property in the Building (or the proceeds thereof) and, where expressly so provided in this Leaselease, to offset against the rents payable under this Lease lease, for the satisfaction of Tenant's remedies for the collection of a judgment (or other judicial process) which requires requiring the payment of money by Landlord in the event of any default by Landlord hereunder. No , and no other property or assets of such Landlord or any partner, member, officer or director thereof, disclosed or undisclosed shall be subject to levy, execution or other enforcement procedure for the satisfaction of TenantXxxxxx's remedies under or with respect to this Leaselease, the relationship of Landlord and Tenant hereunder or Tenant's use or occupancy of the Demised Premises. Further, Tenant agrees that Landlord The limitations of this Section 36.02 shall not be liable apply to Tenant for any special, indirect, or consequential damages arising out the payment of Landlord's breach Share of this Leasethe "Work Cost" (as defined in Exhibit C annexed hereto) or to the return of any monies paid by Tenant as advance rent under Section 1.04(a) if Tenant is entitled to the return of such monies.

Appears in 1 contract

Samples: Lease (Credit Suisse First Boston Usa Inc)

Parties Bound. 36.01SECTION 37.01. The obligation of terms, covenants and conditions contained in this Lease shall bind and inure to the benefit the of Owner and Tenant and, except as otherwise provided in this Lease, their respective heirs, distributee, executors, administrators, successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 24assigns. However, the obligations of Landlord Owner under this Lease shall not no longer be binding upon Landlord Owner named herein after the sale, assignment or transfer by Owner named with respect to herein (or upon any period subsequent to Owner after the sale, assignment or transfer by such subsequent Owner) of its interest in the Building as owner or lessee thereof lessee, and in the event of any such transfer said sale, assignment or transfer, such obligations shall thereafter be binding upon each the grantee, assignee or other transferee of the interest of Landlord herein named as such owner interest, and any such grantee, assignee or lessee transferee, by accepting such interest, shall be deemed to have assumed such obligations. A lease of the Building, but only with respect to the period ending with entire Building shall be deemed a subsequent transfer within the meaning of this Article. 36.02the foregoing sentence. If Landlord Neither the partners (direct or indirect) composing Owner, nor the shareholders (nor any of the partners composing same), partners, directors or officers of any of the foregoing (collectively, the "Owner's Parties") shall be an individual, joint venture, tenancy liable for the performance of Owner's obligations under this Lease. Tenant shall look solely to Owner to enforce Owner's obligations hereunder and shall not seek any damages against any of the Owner's Parties. Notwithstanding anything contained in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporationthis Lease to the contrary, Tenant shall look only solely to such Landlord's the estate and property interest of Owner, its successors and assigns, in the Real Property and Building (or the proceeds thereof) and, where expressly so provided in this Lease, to offset against the rents payable under this Lease for the collection of a judgment (or other judicial process) which requires the payment of money by Landlord in the event satisfaction of any default judgment recovered against Owner based upon the breach by Landlord hereunder. No Owner of any of the terms, conditions or covenants of this Lease on the part of Owner to be performed, and no other property or assets of such Landlord Owner or any of Owner's Parties shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to either this Lease, the relationship of Landlord landlord and Tenant hereunder tenant hereunder, or Tenant's use or and occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (N2k Inc)

Parties Bound. 36.01. 36.01 The obligation obligations of this Lease lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 7 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation imitation contained in Article 2425. However, the obligations of Landlord under this Lease lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and in event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this Article. 36.02. 36.02 If Landlord shall be an individual, joint venture, tenancy in common, co-partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, Tenant shall look only to such Landlord's estate and property in the Building (or the proceeds thereof) and, where expressly so provided in this Leaselease, to offset against for the rents payable under this Lease satisfaction of Tenant's remedies for the collection of a judgment (or other judicial process) which requires requiring the payment of money by Landlord in the event of any default by Landlord hereunder. No , and no other property or assets of such Landlord or any partner, member, officer or director thereof, disclosed or undisclosed shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to this Leaselease, the relationship of Landlord and Tenant hereunder or Tenant's use or occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease.

Appears in 1 contract

Samples: Lease (Novadigm Inc)

Parties Bound. 36.01(a) The designation "Lessee", and all plural and singular words used herein to refer to the person(s) or organization(s) hereby leasing the Premises from Lessor, shall be construed to refer to all of the undersigned (except Lessor), whether one or more. The obligation terms, provisions and agreements herein contained shall be inure to the benefit of Lessor and to its successors and assigns. In the event of a conveyance of the Building (or, in the event of surrender of possession of the Building if Lessor holds the same merely as mortgagee in possession) the purchaser or new owner shall take subject to and shall be bound by the provisions and obligations of this Lease Lease, and thereupon the undersigned Lessor shall bind be released from the agreements and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named burdens hereof. (b) If Lessor, or referred to, except that no violation of the provisions of Article 8 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 24. However, the obligations of Landlord to Lessor's interests under this Lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and in event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the BuildingLease, but only with respect to the period ending with a subsequent transfer within the meaning of this Article. 36.02. If Landlord shall be an individual, joint venture, tenancy in common, co-partnership, unincorporated association, association or other unincorporated aggregate of individuals and/or entities or entities, or of both, or a corporation, Tenant Lessee shall look only to Lessor's or such Landlordsuccessor's estate and property in the Building (or the proceeds thereof) and, where expressly so provided in this Lease, to offset against for the rents payable under this Lease satisfaction of Lessee's remedies for the collection of a judgment (or other judicial process) which requires requiring the payment of money by Landlord in the event of any default by Landlord Lessor or any such successor hereunder. No , and no other property or assets of Lessor or any such Landlord successor shall be subject to levy, execution or other enforcement procedure for the satisfaction of TenantLessee's remedies under or with respect to this Lease, the relationship of Landlord Lessor and Tenant Lessee hereunder or TenantLessee's use or occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease.

Appears in 1 contract

Samples: Lease (Alabama National Bancorporation)

Parties Bound. 36.01. Section 19.01 The obligation covenants, agreements, terms, provisions and conditions of this Lease shall bind and benefit the successors respective successors, assigns and assigns legal representative of the parties hereto with the same effect as if mentioned in each instance where a party hereto is named or referred to, except that no violation of the provisions of Article 8 25 hereof shall operate to vest any rights in any successor successor, assignee or assignee legal representative of Tenant and that the provisions of this Article 19 shall not be construed as modifying the conditions of limitation contained in Article 2412 hereof. HoweverIt is understood and agreed, however, that the covenants and obligations on the part of Landlord under this Lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and Building, that in the event of such a transfer said covenants and obligations shall thereafter be binding upon each transferee of the such interest of Landlord herein named as such owner or lessee of the Buildingnamed, but only with respect to the period ending with a subsequent transfer of such interest, and that a lease of the entire interest shall be deemed a transfer within the meaning of this ArticleArticle 19. 36.02. Section 19.02 If Landlord Tenant is or becomes a partnership (or is or becomes comprised of two (2) or more persons, individually and/or as co-partners of a partnership) or if Tenant’s interest in this Lease shall be an individualassigned to a partnership (or to two (2) or more persons, joint ventureindividually and/or as co-partners of a partnership) (any such partnership and such persons are referred to in this Section as “Partnership Tenant”), tenancy in common, partnership, unincorporated association, or other unincorporated aggregate the following provisions of individuals and/or entities or a corporation, this Section shall apply to such Partnership Tenant: (a) the liability of each of the parties comprising Partnership Tenant shall look only be joint and several, and (b) each of the parties comprising Partnership Tenant hereby consents in advance to, and agrees to such Landlord's estate and property in the Building (be bound by, any written instrument which may hereafter be executed, changing, modifying or the proceeds thereof) and, where expressly so provided in discharging this Lease, in whole or in part, or surrendering all or any part of the Premises to offset against the rents payable under Landlord or renewing or extending this Lease and by any notices, demands, requests or other communications which may hereafter be given, by Partnership Tenant or by any of the parties comprising Partnership Tenant, and (c) any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant or to any of the parties comprising Partnership Tenant shall be deemed given or rendered to Partnership Tenant and to all such parties and shall be binding upon Partnership Tenant and all such parties, and (d) if Partnership Tenant shall admit new partners, all of such new partners shall, by their admission to Partnership Tenant, be deemed to have assumed performance of all the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed, and (e) Partnership Tenant shall give prompt notice to Landlord of the admission of any such new partners, and upon demand of Landlord, shall cause each such new partner to execute and deliver to Landlord an agreement in form satisfactory to Landlord, wherein each such new partner shall assume performance of all of the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed (but neither Landlord’s failure to request any such agreement nor the failure of any such new partner to execute or deliver any such agreement to Landlord shall vitiate the provisions of subdivision (d) of this Section). Section 19.03 If Tenant is or becomes a professional corporation or if Tenant is or becomes a Partnership Tenant which contains professional corporations as partners, then the shareholders of such professional corporation and/or the shareholder of any professional corporation which is a partner of a Partnership Tenant, as the case may be, shall have joint and several personal liability for the collection of a judgment (or other judicial process) which requires the payment of money by Landlord in the event of any default by Landlord hereunder. No other property or assets of such Landlord shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to this Lease, the relationship of Landlord and Tenant hereunder or Tenant's use or occupancy full performance of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach terms and conditions of this Lease. Tenant shall, from time to time and within five (5) days after Landlord makes a request therefor, cause (i) each shareholder of Tenant, if Tenant is a professional corporation and/or (ii) the shareholder of any professional corporation which is a partner of a Partnership Tenant to execute such documents as Landlord requires to create and confirm the personal liability of such shareholder(s). Section 19.04 If Tenant is a limited liability company/partnership, then the members/partners of such limited liability company/partnership, shall have joint and several personal liability for the full performance of the terms and conditions of this Lease. Tenant shall, from time to time and within five (5) days after Landlord makes a request therefor, cause each member/partner of Tenant (and if a member/partner is a professional corporation or similar entity Tenant shall cause the shareholder/equity holder thereof) to execute such documents as Landlord requires to create and confirm the personal liability of such member(s)/shareholder (s)/equity holder(s).

Appears in 1 contract

Samples: Lease (Hudson Holding Corp)

Parties Bound. 36.01. 36.01 The obligation obligations of this Lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 9 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 2425. However, the obligations of Landlord under this Lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and in event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this Article. 36.02. If Landlord shall be an individual, joint venture, tenancy in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, 36.02 Tenant shall look only to such Landlord's estate and property in the Building (or the proceeds thereof) and, where expressly so provided in this Lease, to offset against the rents payable under this Lease Lease, for the satisfaction of Tenant's remedies for the collection of a judgment (or other judicial process) which requires requiring the payment of money by Landlord in the event of any default by Landlord hereunder. No , and no other property or assets of such Landlord or any partner, member, officer or director thereof, disclosed or undisclosed shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to this Lease, the relationship of Landlord and Tenant hereunder or Tenant's use or occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Treasure Mountain Holdings Inc)

Parties Bound. 36.01. 36.01 The obligation obligations of this Lease lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 9 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 2425. However, the obligations of Landlord under this Lease lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building Unit as owner or lessee thereof and in event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the BuildingUnit, but only with respect to the period ending with a subsequent transfer within the meaning of this Article. 36.02. 36.02 If Landlord shall be an individual, joint venture, tenancy in common, co-partnership, unincorporated association, limited liability company or other unincorporated aggregate of individuals and/or entities or a corporation, Tenant shall look only to such Landlord's ’s estate and property in the Building Unit (or the proceeds thereof) and, where expressly so provided in this Leaselease, to offset against the rents payable under this Lease lease, for the satisfaction of Tenant’s remedies for the collection of a judgment (or other judicial process) which requires requiring the payment of money by Landlord in the event of any default by Landlord hereunder. No , and no other property or assets of such Landlord or any partner, member, officer or director thereof, disclosed or undisclosed shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's ’s remedies under or with respect to this Leaselease, the relationship of Landlord and Tenant hereunder or Tenant's ’s use or occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (American Realty Capital New York Recovery Reit Inc)

Parties Bound. 36.01. The obligation of this Lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 24. However, except as provided in Article 39 hereof, the obligations of Landlord under this Lease shall not be binding upon Landlord herein named with respect to effect and shall not be binding upon Landlord. If any of the fixed or additional rent herein reserved or any other sum payable by Tenant to Landlord shall be overdue and unpaid, or if Landlord makes payment on behalf of Tenant, or if Tenant shall fail to perform any of the terms, covenants, and conditions of the Lease, then Landlord may, at its option and without prejudice to any other remedy which Landlord may have on account thereof, appropriate and apply the entire Security Deposit or so much thereof as may be necessary to compensate Landlord toward the payment of fixed or additional rent and any loss or damage sustained by Landlord due to such breach on the part of Tenant, plus expenses; and Tenant shall forthwith upon demand restore the Security Deposit to the original sum deposited. The issuance of a warrant and/or the re-entering of the Demised Premises by Landlord for any default on the part of Tenant or for any other reason prior to the expiration of the term shall not be deemed such a any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and in event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this Article. 36.02. If Landlord shall be an individual, joint venture, tenancy in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, Tenant shall look only to such Landlord's estate and property in the Building (or and the rents and the proceeds thereof) and, where expressly so provided in this Lease, to offset against the rents payable under this Lease for the collection of a judgment (or other judicial process) which requires the payment of money by Landlord in the event of any default by Landlord hereunder. No other property or assets of such Landlord shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to this Lease, the relationship of Landlord and Tenant hereunder or Tenant's use or occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease. Landlord agrees that Tenant shall not be liable to Landlord for any special, indirect or consequential damages arising out of Tenant's breach of this Lease, however, rents, restoration charges, interest, late charges, fees, reimbursements, damages incurred by Landlord as a result of Tenant holding over and other damages provided for in Article 26 shall not be considered special, indirect or consequential damages.

Appears in 1 contract

Samples: Lease Agreement (Globespan Inc/De)

Parties Bound. 36.01. Section 19.01 The obligation covenants, agreements, terms, provisions and conditions of this Lease shall bind and benefit the successors respective successors, assigns and assigns legal representative of the parties hereto with the same effect as if mentioned in each instance where a party hereto is named or referred to, except that no violation of the provisions of Article 8 25 hereof shall operate to vest any rights in any successor successor, assignee or assignee legal representative of Tenant and that the provisions of this Article 19 shall not be construed as modifying the conditions of limitation contained in Article 2412 hereof. HoweverIt is understood and agreed, however, that the covenants and obligations on the part of Landlord under this Lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and Building, that in the event of such a transfer said covenants and obligations shall thereafter be binding upon each transferee of the such interest of Landlord herein named as such owner or lessee of the Buildingnamed, but only with respect to the period ending with a subsequent transfer of such interest, and that a lease of the entire interest shall be deemed a transfer within the meaning of this ArticleArticle 19. 36.02. Section 19.02 If Landlord Tenant is or becomes a partnership (or is or becomes comprised of two (2) or more persons, individually and/or as co-partners of a partnership) or if Tenant’s interest in this Lease shall be an individualassigned to a partnership (or to two (2) or more persons, joint ventureindividually and/or as co-partners of a partnership) (any such partnership and such persons are referred to in this Section as “Partnership Tenant”), tenancy in common, partnership, unincorporated association, or other unincorporated aggregate the following provisions of individuals and/or entities or a corporation, this Section shall apply to such Partnership Tenant: (a) the liability of each of the parties comprising Partnership Tenant shall look only be joint and several, and (b) each of the parties comprising Partnership Tenant hereby consents in advance to, and agrees to such Landlord's estate and property in the Building (be bound by, any written instrument which may hereafter be executed, changing, modifying or the proceeds thereof) and, where expressly so provided in discharging this Lease, in whole or in part, or surrendering all or any part of the Premises to offset against the rents payable under Landlord or renewing or extending this Lease for the collection of a judgment (and by any notices, demands, requests or other judicial processcommunications which may hereafter be given, by Partnership Tenant or by any of the parties comprising Partnership Tenant, and (c) which requires any bills, statements, notices, demands, requests or other communications given or rendered to Partnership Tenant or to any of the payment parties comprising Partnership Tenant shall be deemed given or rendered to Partnership Tenant and to all such parties and shall be binding upon Partnership Tenant and all such parties, and (d) if Partnership Tenant shall admit new partners, all of money such new partners shall, by their admission to Partnership Tenant, be deemed to have assumed performance of all the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed, and (e) Partnership Tenant shall give prompt notice to Landlord in of the event admission of any default by such new partners, and upon demand of Landlord, shall cause each such new partner to execute and deliver to Landlord hereunder. No other property an agreement in form satisfactory to Landlord, wherein each such new partner shall assume performance of all of the terms, covenants and conditions of this Lease on Tenant’s part to be observed and performed (but neither Landlord’s failure to request any such agreement nor the failure of any such new partner to execute or assets of deliver any such agreement to Landlord shall be subject to levy, execution or other enforcement procedure for vitiate the satisfaction provisions of Tenant's remedies under or with respect to this Lease, the relationship of Landlord and Tenant hereunder or Tenant's use or occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach subdivision (d) of this LeaseSection).

Appears in 1 contract

Samples: Lease (Paramount Group, Inc.)

Parties Bound. 36.01. The obligation covenants, agreements, terms, provisions and conditions of this Lease shall bind and benefit the successors respective successors, assigns and assigns legal representatives of the parties hereto with the same effect as if mentioned in each instance where a party hereto is named or referred to, except that no violation of the provisions of Article 8 Seventh hereof shall operate to vest any rights in any successor successor, assignee or assignee legal representative of the Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 24Fifteenth hereof. However, The covenants and obligations on the obligations part of the Landlord under this Lease shall not not, however, be binding upon the Landlord herein named (or any transferee of its interest in the Building) with respect to any the period (i) subsequent to the transfer of its interest in the Building as owner (a lease of the entire interest being deemed such a transfer), or lessee thereof (ii) subsequent to the expiration or earlier termination of the term of any underlying lease to which this Lease and the term and estate hereby granted may be subject and subordinate and wherein the lessor thereunder has agreed to recognize this Lease in case the term of said underlying lease expires or terminates prior to the expiration or termination of the term of this Lease if the Landlord would not then be entitled to terminate this Lease pursuant to said Article Fifteenth or to exercise any dispossess remedy provided for herein or by law; and in any such event of such transfer said covenants and obligations shall thereafter be binding upon each the transferee of the such interest of Landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this Article. 36.02. If Landlord shall be an individual, joint venture, tenancy in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, Tenant shall look only to such Landlord's estate and property in the Building (or the proceeds thereof) andlessor under said underlying lease, where expressly so provided in this Leaseas the case may be, to offset against until the rents payable under this Lease for the collection of a judgment (or other judicial process) which requires the payment of money by Landlord in the event of any default by Landlord hereunder. No other property or assets next such transfer of such Landlord shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to this Lease, the relationship of Landlord and Tenant hereunder or Tenant's use or occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Leaseinterest.

Appears in 1 contract

Samples: Sublease (Abacus Direct Corp)

Parties Bound. 36.01. 29.01 The obligation obligations of this Lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 13 shall operate to vest any rights in any successor or assignee of Tenant Tenant, and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 2420. However, the obligations of Landlord under this Lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and in the event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the Building, but only with respect to obligations arising during the period commencing with such transfer and ending with a subsequent transfer within the meaning of this Article, and such transferee, by accepting such interest, shall be deemed to have assumed such obligations except only as may be expressly otherwise provided elsewhere in this Lease. A Lease of Landlord's entire interest in the Building as owner or lessee thereof shall be deemed a transfer within the meaning of this Article 29. 36.02. If Landlord shall be an individual, joint venture, tenancy in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, 29.02 Tenant shall look only solely to such Landlord's the estate and property interest of Landlord, its successors and assigns, in the land and Building (or the proceeds thereof) and, where expressly so provided in this Lease, to offset against the rents payable under this Lease for the collection of a judgment (or other judicial process) which requires requiring the payment of damages or money by Landlord in the event of any default by Landlord hereunder. No , and no other property or assets of such Landlord (or of any partner, member, officer, director, shareholder, principal, employee or agent of Landlord) shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to either this Lease, the relationship of Landlord and Tenant hereunder or Tenant's use or and occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease.

Appears in 1 contract

Samples: Sublease (Radiation Therapy Services Inc)

Parties Bound. 36.01Section 37 01. The obligation of terms, covenants and conditions contained in this Lease shall bind and inure to the benefit the of Owner and Tenant and, except as otherwise provided in this Lease, their respective heirs, distributees, executors, administrators, successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 24assigns. However, the obligations of Landlord Owner under this Lease shall not no longer be binding upon Landlord Owner named herein after the sale, assignment or transfer by Owner named with respect to herein (or upon any period subsequent to Owner after the sale, assignment, or transfer by such subsequent Owner) of its interest in the Building as owner or lessee thereof lessee, except with respect to those obligations arising prior to any such sale, assignment or transfer, and then only to the extent, if any, such grantee, assignee or other transferee shall not assume such obligations, and in the event of any such transfer said sale, assignment or transfer, such obligations shall thereafter be binding upon each the grantee, assignee or other transferee of the interest of Landlord herein named as such owner interest, and any such grantee, assignee or lessee transferee, by accepting such interest, shall be deemed to have assumed such obligations. A lease of the Building, but only with respect to the period ending with entire Building shall be deemed a subsequent transfer within the meaning of this Article. 36.02the foregoing sentence. If Landlord Neither the partners or members (direct or indirect) comprising Owner, nor the shareholders (nor any of the partners or members comprising same), partners, members, directors or officers of any of the foregoing (collectively, the "Owner's Parties") shall be an individualliable for the performance of Owner's obligations under this Lease. Tenant shall look solely to Owner to enforce Owner's obligations hereunder 125 and shall not seek any damages against any of the Owner's Parties. Notwithstanding anything contained in this Lease to the contrary, joint venture, tenancy except as otherwise provided in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporationSection 37.02, Tenant shall look only solely to such Landlord's the estate and property interest of Owner, its successors and assigns, in the Real Property and Building (or the proceeds thereof) and, where expressly so provided in this Lease, to offset against the rents payable under this Lease for the collection of a judgment (or other judicial process) which requires the payment of money by Landlord in the event satisfaction of any default judgment recovered against Owner based upon the breach by Landlord hereunder. No Owner of any of the terms, conditions or covenants of this Lease on the part of Owner to be performed, and no other property or assets of such Landlord Owner or any of Owner's Parties, shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to either this Lease, the relationship of Landlord landlord and Tenant hereunder tenant hereunder, or Tenant's use or and occupancy of the Demised Premises. Section 37 02. FurtherNotwithstanding the provisions of Section 37.01: A. In the event of fire or other casualty or partial condemnation and in the further event of Owner's failure to restore in accordance with its obligations under this Lease, Tenant agrees also shall be entitled to look to the estate and interest of Owner, its successors and assigns, in that Landlord shall not be liable portion of the proceeds of the casualty insurance or partial condemnation awards, as the case may be, paid to Owner and its successors and assigns and equal to the reasonably estimated cost of restoration; B. In the event Tenant for any special, indirect, or consequential damages arising out of Landlord's has made a written claim against Owner based upon the breach of any of the terms, covenants or conditions of this Lease.Lease on Owner's part to be observed or performed prior to the placement of a future mortgage on the Real Property, and Tenant is unable to satisfy a judgment obtained by Tenant based upon such claim from the remaining estate and interest of Owner, its successors and assigns in the Real Property, Tenant also shall be entitled to look to the estate and interest of Owner, its successors and assigns in that portion of the proceeds of such future mortgage on the Real Property not used to satisfy or otherwise dispose of any mortgage affecting the Real Property immediately prior to the placement of such future mortgage, for the collection of any such judgment; and C. In the event Tenant has made a written claim against Owner based upon the breach of any of the terms, covenants or conditions of this Lease on Owner's part to be observed or performed prior to a sale of the Real Property, and Tenant is unable to satisfy a judgment obtained by Tenant based upon such claim from the estate and interest of the subsequent Owner of the Real Property after such sale of the Real Property, Tenant also shall be entitled to look to the interest of the selling Owner in that portion of the proceeds of such sale necessary to satisfy the part of such judgment not recovered by Tenant against such subsequent Owner. 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161

Appears in 1 contract

Samples: Sub Sublease Agreement (Eyetech Pharmaceuticals Inc)

Parties Bound. 36.0130.01. The obligation obligations of this Lease shall bind and benefit the successors and assigns of the parties Parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 35 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 24herein. However, the obligations of Landlord under this Lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building Buildings as owner or lessee Tenant thereof and delivery of written notice of such transfer to Tenant and in the event of such transfer and notice said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee Tenant of the BuildingBuildings, but only with respect to the period ending with a subsequent transfer within the meaning of this Article. 36.0230.02. If Landlord shall be an individual, joint venture, tenancy in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, Tenant shall look only to such Landlord's Lxxxxxxx’s estate and property interest in the Building (Premises, for the satisfaction of Txxxxx’s remedies or the proceeds thereof) and, where expressly so provided in this Lease, to offset against the rents payable under this Lease for the collection of a judgment (or other judicial process) which requires requiring the payment of money by Landlord in the event of any default by Landlord hereunder. No , and no other property or assets of such Landlord shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's Txxxxx’s remedies under or with respect to this Lease, the relationship of Landlord landlord and Tenant tenant hereunder or Tenant's ’s use or occupancy of the Demised Premises. FurtherIn no event, Tenant agrees that and under no circumstances, shall Landlord shall not be liable or any officer, employee, agent or principal (disclosed or undisclosed) of Landlord have any personal liability or monetary obligation of any kind under or pursuant to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease.

Appears in 1 contract

Samples: Lease (Bitdeer Technologies Group)

Parties Bound. 36.01. 36.01 The obligation obligations of this Lease lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 9 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 2425. However, the obligations of Landlord under this Lease shall not be binding upon Landlord named herein named with respect to after the sale, conveyance, assignment or transfer by such Landlord (or upon any period subsequent to Landlord after the sale, conveyance, assignment or transfer by such subsequent Landlord) of its interest in the Building as owner or lessee thereof lessee, as the case may be, and in the event of any such transfer said sale, conveyance, assignment or transfer, Landlord shall be and hereby is entirely freed and relieved of all future covenants and obligations of Landlord hereunder. It shall thereafter be binding upon each deemed, without further agreement, that the successor or transferee landlord, as applicable, has assumed and agreed to perform and observe all covenants, liabilities and obligations of Landlord herein during the period it is the holder of Landlord's interest under this Lease and such successor or transferee landlord shall be obligated to cure any repair, service or maintenance default of a prior Landlord which shall continue after such successor or transferee landlord's acquisition of the Building and shall be subject to any rights of abatement specifically granted under this Lease by reason of any condition existing prior to such successor or transferee landlord's acquisition which shall continue after such acquisition. Landlord shall give Tenant at least thirty (30) days prior notice of any such sale, conveyance, assignment or transfer, which notice will include the date of such sale. Notwithstanding the foregoing, Tenant may look to the proceeds of the sale of the Building with respect to a claim by Tenant against Landlord for the payment of a specific sum of money substantiated by reasonably detailed evidence therefor (hereinafter called a "Specific Monetary Claim"), which claim Tenant has asserted in writing and which evidence shall have been delivered to Landlord prior to the sale, provided that Tenant shall have commenced a legal action or proceeding with respect to such Specific Monetary Claim prior to or within one hundred twenty (120) days after the sale (time being of the essence), unless the successor landlord has agreed to assume liability for the Specific Monetary Claim, in which case Tenant shall have no right to look to the proceeds of the sale of the Building but may only look to the interest of the successor landlord in the Building. In the event the Specific Monetary Claim is asserted and an action commenced with respect thereto on a timely basis as hereinbefore set forth, Landlord herein named as such owner or lessee shall either (i) deposit in escrow with Landlord's attorneys an amount equal to 110% of the BuildingSpecific Monetary Claim or (ii) bond in an amount equal to 110% of the amount of the Specific Monetary Claim, at Landlord's election. Tenant agrees that if Landlord shall request an estoppel certificate in connection with the sale of the Building and Tenant shall either fail to furnish such estoppel certificate with twenty-five (25) days after Landlord's request therefor or if Tenant furnishes such estoppel certificate on a timely basis but only fails to assert any Specific Monetary Claim therein which accrued prior to the date of such estoppel certificate, then notwithstanding any language to the contrary contained in this Section 36.01 Tenant shall not have the right to look to the proceeds of the sale of the Building or to any successor landlord with respect to the period ending with a subsequent transfer within the meaning of this Articleany claim. 36.02. If Landlord shall be an individual, joint venture, tenancy in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, 36.02 Tenant shall look only to such Landlord's estate estate, interest and property in the Building (or for the proceeds thereof) and, where expressly so provided in this Lease, to offset against the rents payable under this Lease satisfaction of Tenant's remedies for the collection of a judgment (or other judicial process) which requires requiring the payment of money by Landlord in the event of any default by Landlord hereunder. No , and no other property or assets of such Landlord or any partner, member, officer or director thereof, disclosed or undisclosed shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to this Leaselease, the relationship of Landlord and Tenant hereunder or Tenant's use or occupancy of the Demised Premises. Further, Tenant agrees that Landlord The foregoing limitation on Landlord's liability shall not (a) be applicable to, and Landlord (and, if applicable, Affiliates of Landlord) shall be liable to Tenant for to the extent of, (i) any special, indirect, net insurance proceeds or consequential damages arising out condemnation awards misapplied by Landlord in breach of Landlord's obligations to apply such proceeds under this lease and (ii) the amount of the Security Deposit then held by or on behalf of Landlord as shall have been misapplied by Landlord in breach of Landlord's obligations to hold and apply such Security Deposit under this Leaselease or (b) in any manner which constitutes a waiver of or affects any of the obligations of Landlord under this lease, or limits Tenant's rights to name Landlord in any action or proceeding relating to this lease.

Appears in 1 contract

Samples: Lease Agreement (Ivillage Inc)

Parties Bound. 36.01. (a) The obligation covenants, agreements, terms, provisions and conditions of this Lease shall bind and benefit the successors respective successors, assigns and assigns legal representatives of the parties hereto with the same effect as if mentioned in each instance where a party hereto is named or referred to, except that no violation of the provisions of Article 8 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 24. However, the obligations of Landlord under this Lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and in event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this Article. 36.02. If (b) Tenant acknowledges and agrees that if Landlord shall be an individual, joint venture, corporation, limited liability company, tenancy in common, partnershipfirm or partnership (general or limited), unincorporated associationthere shall be no personal liability on such individual or on the members of such joint venture, corporation, limited liability company, tenancy in common, firm or other unincorporated aggregate partnership in respect of individuals and/or entities any of the covenants or a corporationconditions of this Lease; rather, Tenant shall look only solely to such Landlord's estate and property ’s interest in the Building (or the including, without limitation, rents, insurance and condemnation proceeds thereofand sale proceeds) and, where expressly so provided in this Lease, to offset against the rents payable under this Lease for the collection of a any judgment (or enforcement or any other judicial process) which requires requiring the payment of money by Landlord in with respect to any of the event terms, covenants and conditions of any default this Lease to be observed or performed by Landlord hereunder. No and no other property or assets of such Landlord or any of its affiliates shall be subject to levy, execution or other enforcement procedure procedures for the satisfaction of Tenant's remedies under any obligation due Tenant or with respect to its successors or assigns. (c) The term “Landlord” as used in this LeaseLease means only the owner, or the relationship mortgagee in possession, for the time being of the Premises. In the event of any sale or sales of the Land, Building, or the Premises, said Landlord shall be and hereby is entirely freed and relieved of all covenants and obligations of Landlord hereunder accruing after the date of such sale, and Tenant it shall be deemed and construed without further agreement between the parties or their successors in interest, or between the parties and the purchaser, that the purchaser at any such sale has assumed and agreed to carry out any and all covenants and obligations of Landlord hereunder or Tenant's use or occupancy accruing after the date of said purchase or, to the extent of the Demised Premises. Furtherknowledge of the purchaser, Tenant agrees that Landlord shall not be liable occurring prior to Tenant for any special, indirect, or consequential damages arising out the date of Landlord's breach of this Leasesaid purchase.

Appears in 1 contract

Samples: Lease Agreement (Biospecifics Technologies Corp)

Parties Bound. 36.01. The obligation obligations of this Lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 10 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 2425. However, the obligations of Landlord under this Lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and in event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this Article, and such transferee, by accepting such interest, shall be deemed to have assumed such obligations except only as may be expressly otherwise provided elsewhere in this Lease. A lease of Landlord's entire interest in the Building as owner or lessee thereof shall be deemed a transfer within the meaning of this Article 36. 36.02. If Landlord shall be an individual, joint venture, tenancy in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, Tenant shall look only solely to such Landlord's the estate and property interest of Landlord, its successors and assigns, in the land and Building (or the proceeds thereof) and, where expressly so provided in this Lease, to offset against the rents payable under this Lease for the collection of a judgment (or other judicial process) which requires requiring the payment of money by Landlord in the event of any default by Landlord hereunder. No , and no other property or assets of such Landlord shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to either this Lease, the relationship of Landlord and Tenant hereunder or Tenant's use or and occupancy of the Demised Premises. Further, Tenant agrees Landlord represents and warrants that such estate and interest of Landlord shall not at all times until the earlier of six (6) months following the Expiration Date or the sale or other disposition of the building to a Successor Landlord, be liable in value of at least Equal to the Security Deposit, Twenty Two Thousand Nine Hundred Eighty Dollars and to such extent shall indemnify Tenant for against any special, indirect, or consequential damages arising out of Landlord's breach of this Leasesuch representation and warranty from assets other than the estate and interest of landlord in said land and Building as well as such estate and interest.

Appears in 1 contract

Samples: Lease Agreement (Clean Diesel Technologies Inc)

Parties Bound. 36.01. The obligation obligations of this Lease shall bind and benefit the successors and assigns of the parties Parties with the same effect as if mentioned in each instance where a party Party is named or referred to, except that no violation of the provisions of Article 8 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 24. However, the obligations of Landlord under this Lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee Tenant thereof and in event of such transfer transfer, said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee Tenant of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this Article. 36.02. If Landlord shall be an individual, joint venture, tenancy in common, partnership, trust, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, Tenant shall look only to such Landlord's ’s estate and property in the Building (or Property and the rents and proceeds thereof) therefrom and, where expressly so provided in this Lease, to offset against 4846-0294-9028.v11 the rents payable under this Lease for the collection of a judgment (or other judicial process) which requires the payment of money by Landlord in the event of any default by Landlord hereunder. No other property or assets of such Landlord shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's ’s remedies under or with respect to this Lease, the relationship of Landlord and Tenant hereunder hereunder, or Tenant's ’s use or occupancy of the Demised Premises. FurtherThe Parties agree that except as otherwise expressly set forth herein, Tenant agrees that Landlord neither party shall not be liable to Tenant the other for any special, indirect, or consequential damages arising out of Landlord's ’s breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (UroGen Pharma Ltd.)

Parties Bound. 36.01Section 39.01. The obligation of terms, covenants and conditions contained in this Lease shall bind and inure to the benefit the of Landlord and Tenant and, except as otherwise provided in this Lease, their respective heirs, distributees, executors, administrators, successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 24assigns. However, the obligations of Landlord under this Lease shall not no longer be binding upon Landlord named herein after the sale, assignment or transfer by Landlord named with respect to herein (or upon any period subsequent to Landlord after the sale, assignment or transfer by such subsequent Landlord) of its interest in the Building as owner or lessee thereof lessee, and in the event of any such transfer said sale, assignment or transfer, such obligations shall thereafter be binding upon each the grantee, assignee or other transferee of such interest, and any such grantee, assignee or transferee, by accepting such interest, shall be deemed to have assumed such obligations. Notwithstanding the interest of foregoing, Landlord herein named as such owner or lessee of the Building, but only shall not be relieved from liability hereunder with respect to matters arising prior to such sale, assignment or transfer. A lease of the period ending with entire Building shall be deemed a subsequent transfer within the meaning of this Article. 36.02the foregoing sentence. If Landlord shall be an individual, joint venture, tenancy in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, Tenant shall look only solely to such Landlord's the estate and property interest of Landlord, its successors and assigns, in the Real Property and Building (or the proceeds thereof) and, where expressly so provided in this Lease, to offset against the rents payable under this Lease for the collection or satisfaction of a any judgment (or other judicial process) which requires recovered against Landlord based upon the payment of money breach by Landlord in the event of any default by of the terms, conditions or covenants of this Lease on the part of Landlord hereunder. No to be performed, and no other property or assets of such Landlord shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to either this Lease, the relationship of Landlord landlord and Tenant hereunder tenant hereunder, or Tenant's use or and occupancy of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out of Landlord's breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Liberty Financial Companies Inc /Ma/)

Parties Bound. 36.01Section 37.01. The obligation of terms, covenants and conditions contained in this Lease shall bind and inure to the benefit the of Owner and Tenant and, except as otherwise provided in this Lease, their respective heirs, distributees, executors, administrators, successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to, except that no violation of the provisions of Article 8 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 24assigns. However, the obligations of Landlord Owner under this Lease shall not no longer be binding upon Landlord Owner named herein after the sale, assignment or transfer by Owner named with respect to herein (or upon any period subsequent to Owner after the sale, assignment or transfer by such subsequent Owner) of its interest in the Building as owner or lessee thereof lessee, and in the event of any such transfer said sale, assignment or transfer, such obligations shall thereafter be binding upon each the grantee, assignee or other transferee of the interest of Landlord herein named as such owner interest, and any such grantee, assignee or lessee transferee, by accepting such interest, shall be deemed to have assumed such obligations. A lease of the Building, but only with respect to the period ending with entire Building shall be deemed a subsequent transfer within the meaning of this Article. 36.02the foregoing sentence. If Landlord Neither the partners (direct or indirect) comprising Owner, nor the shareholders (nor any of the partners comprising same), partners, directors or officers of any of the foregoing (collectively, the “Owner’s Parties”) shall be an individual, joint venture, tenancy liable for the performance of Owner’s obligations under this Lease. Tenant shall look solely to Owner to enforce Owner’s obligations hereunder and shall not seek any damages against any of the Owner’s Parties. Notwithstanding anything contained in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporationthis Lease to the contrary, Tenant shall look only solely to such Landlord's the estate and property interest of Owner, its successors and assigns, in the Real Property and Building (or the proceeds thereof) and, where expressly so provided in this Lease, to offset against the rents payable under this Lease for the collection of a judgment (or other judicial process) which requires the payment of money by Landlord in the event satisfaction of any default judgment recovered against Owner based upon the breach by Landlord hereunder. No Owner of any of the terms, conditions or covenants of this Lease on the part of Owner to be performed, and no other property or assets of such Landlord Owner or any of Owner’s Parties shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's ’s remedies under or with respect to either this Lease, the relationship of Landlord landlord and Tenant hereunder tenant hereunder, or Tenant's ’s use or and occupancy of the Demised Premises. Section 37.02. FurtherNotwithstanding the terms and conditions of Section 37.01 above, in the event of fire or other casualty, and in the further event of Owner’s failure to restore in accordance with its obligations under this Lease, Tenant agrees also shall be entitled to look to the estate and interest of Owner, its successors and assigns, in that Landlord shall portion of the proceeds of the casualty insurance paid to Owner and its successors and assigns and not be liable applied to Tenant the cost of restoration for the collection or satisfaction of any specialjudgment recovered against Owner based upon the breach by Owner of any of the terms, indirect, conditions or consequential damages arising out of Landlord's breach covenants of this LeaseLease on the part of Owner to be performed.

Appears in 1 contract

Samples: Lease Agreement (3PAR Inc.)

Parties Bound. 36.01Section 42.01. The obligation of terms, covenants and conditions contained in this Lease shall bind and inure to the benefit the successors of Landlord and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred toTenant and, except that no violation of the provisions of Article 8 shall operate to vest any rights in any successor or assignee of Tenant and that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article 24. However, the obligations of Landlord under this Lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building as owner or lessee thereof and in event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this Article. 36.02. If Landlord shall be an individual, joint venture, tenancy in common, partnership, unincorporated association, or other unincorporated aggregate of individuals and/or entities or a corporation, Tenant shall look only to such Landlord's estate and property in the Building (or the proceeds thereof) and, where expressly so otherwise provided in this Lease, their respective heirs, distributees, executors, administrators, successors and assigns, subject, however, to offset against the rents payable under this Lease for provisions of Section 42.02. Section 42.02. A. The term “Landlord” shall mean only the collection owner at the time in question of a judgment (or other judicial process) which requires the payment of money by Landlord present landlord’s interest in the Building and in the event of a sale or transfer of the Building (by operation of law or otherwise), or in the event of the making of a lease of all or substantially all of the Building, or in the event of a sale or transfer (by operation of law or otherwise) of the leasehold estate under any default by Landlord hereunder. No other property such lease, the grantor, transferor or assets lessor, as the case may be, shall be and hereby is (to the extent of the interest or portion of the Building or leasehold estate sold, transferred or leased) automatically and entirely released and discharged, from and after the date of such sale, transfer or leasing, of all liability in respect of the performance of any of the terms of this Lease on the part of Landlord thereafter to be performed accruing from and after such date; provided that the purchaser, transferee or lessee (collectively, “Transferee”) shall be deemed to have assumed and agreed to perform, subject to levythe limitations of this Section and any other limitation set forth in this Lease (and without further agreement between the then parties hereto, execution or other enforcement procedure for among such parties and the satisfaction Transferee) and only during and in respect of Tenant's remedies the Transferee’s period of ownership of the Landlord’s interest under or with respect to this Lease, all of the relationship terms of this Lease on the part of Landlord to be performed during such period of ownership, which terms shall be deemed to “run with the land” it being intended that Landlord’s obligations hereunder shall, as limited by this Article, be binding on Landlord, its successors and Tenant hereunder or Tenant's use or occupancy assigns, only during and in respect of the Demised Premises. Further, Tenant agrees that Landlord shall not be liable to Tenant for any special, indirect, or consequential damages arising out their respective successive periods of Landlord's breach of this Leaseownership.

Appears in 1 contract

Samples: Lease Agreement (Majesco)

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