Payment; Security Deposit; Work. Any obligation: (i) to pay Tenant any sum(s) that any Former Landlord owed to Tenant unless such sums, if any, shall have been actually delivered to Mortgagee by way of an assumption of escrow accounts or otherwise; (ii) with respect to any security deposited with Former Landlord, unless such security was actually delivered to Mortgagee; (iii) to commence or complete any initial construction of improvements in the Leased Premises or any expansion or rehabilitation of existing improvements thereon; (iv) to reconstruct or repair improvements following a fire, casualty or condemnation; or (v) arising from representations and warranties related to Former Landlord.
Payment; Security Deposit; Work. Any obligation (i) to pay Tenant any sum(s) that any Former Landlord owed to Tenant unless such sums, if any, shall have been actually delivered to Mortgagee by way of an assumption of escrow accounts or otherwise; or (ii) with respect to any security deposited with Former Landlord, unless such security was actually delivered to Mortgagee.
Payment; Security Deposit; Work. Any obligation: (i) to pay Master Tenant any sum(s) that any Former Borrower owed to Master Tenant; (ii) with respect to any security deposited with Former Borrower, unless such security was actually delivered to Lender; (iii) to commence or complete any initial construction of improvements in the Property or any expansion or rehabilitation of existing improvements thereon; or (iv) arising from representations and warranties related to Former Borrower.
Payment; Security Deposit; Work. Any obligation: (i) to pay Tenant any sum(s) that any Former Landlord owed to Tenant pursuant to the Lease unless such sums, if any, shall have been actually delivered to Administrative Agent by way of an assumption of escrow accounts or otherwise; (ii) with respect to any security deposited with Former Landlord, unless such security deposit was actually delivered to Administrative Agent; (iii) to commence or complete any initial construction of improvements in the Leased Premises or any expansion or rehabilitation of existing improvements thereon, provided, however, if Administrative Agent or any Successor Landlord fails or refuses to complete the Initial Tenant Improvements in accordance with the terms of the Lease, Tenant shall have the right to terminate the Lease by delivering written notice thereof to Administrative Agent or Successor Landlord, as applicable; (iv) to reconstruct or repair improvements following a fire, casualty or condemnation, except as set forth in the Mortgage; or (v) arising from representations and warranties in the Lease related to Former Landlord.
Payment; Security Deposit; Work. Any obligation: (i) to pay Tenant any sum(s) that any Former Landlord owed to Tenant unless such sums, if any, (a) shall have been actually delivered to Lender by way of an assumption of escrow accounts or otherwise or (b) shall have been expressly approved by Lender or contained in the Lease; (ii) with respect to any security deposited with Former Landlord, unless such security deposit was actually delivered to Lender; (iii) to commence or complete any initial construction of improvements in the Leased Premises or any expansion or rehabilitation of existing improvements thereon; (iv) to reconstruct or repair improvements following a fire, casualty or condemnation not required to be insured under the Lease or for the costs of any restorations in excess of any proceeds recovered under any insurance required to be carried under the Lease; or (v) arising from representations and warranties related to Former Landlord.
Payment; Security Deposit; Work. Any obligation: (i) to pay Tenant any sum(s) that any Former Landlord owed to Tenant, including without limitation on account of tenant improvements or alterations, tenant improvement allowances, moving costs and other incentives, unless such sums, if any, shall have been actually delivered to Successor Landlord by way of an assumption of escrow accounts or otherwise; (ii) with respect to any security deposited with any Former Landlord, unless such security was actually delivered to Successor Landlord; (iii) to commence or complete any initial construction, or any expansion or rehabilitation of the improvements, or any other work required for Tenant’s occupancy; or (iv) arising from representations and warranties related to Former Landlord.
Payment; Security Deposit; Work. Any obligation: (i) to pay Tenant any sums) that any Former Landlord owed to Tenant unless such sums, if any, shall have been actually delivered to Mortgagee by way of an assumption of escrow accounts or otherwise; (ii) with respect to any security deposited with Former Landlord, unless such security was actually delivered to Mortgagee but the parties agree that presently the Lease does not require a security deposit; (iii) to commence or complete any initial construction of improvements in the Leased Premises or any expansion or rehabilitation of existing improvements thereon, provided, however, Tenant may complete the work that was the obligation of Landlord under the Tenant Work Letter, the cost of which as finally determined either in a court of competent jurisdiction or in arbitration in accordance with the terms of the Lease, may be offset against Base Rent; (iv) to reconstruct or repair improvements following a fire, casualty or condemnation, provided, however, Tenant may complete the work that was the obligation of Landlord under Article 11 of the Lease, the cost of which, as finally determined either in a court of competent jurisdiction or in arbitration in accordance with the terms of the Lease, may be offset against Base Rent; or (v) arising from representations and warranties related to Former Landlord.
Payment; Security Deposit; Work. Any obligation: (i) to pay Tenant any sum(s) that any Former Landlord owed to Tenant unless such sums, if any, shall have been actually delivered to Lender by way of an assumption of escrow accounts or otherwise; (ii) with respect to any security deposited with Former Landlord, unless such security deposit was actually delivered to Lender; (iii) to commence or complete any initial construction of improvements in the Leased Premises or any expansion or rehabilitation of existing improvements thereon; or (iv) arising from representations and warranties related to Former Landlord. The foregoing shall not limit: (w) reconstruction or repair obligations of Successor Landlord following casualty or condemnation expressly set forth in the Lease; (x) day-to-day repair and maintenance obligations of Successor Landlord in accordance with the express terms and conditions of the Lease; (y) Tenant’s right to exercise against Successor Landlord any Specified Offset Right otherwise expressly available to Tenant under the Lease; provided, however, that if, prior to the date of attornment, Tenant gave Landlord a default notice giving rise to a Specified Offset Right but did not give Lender a Default Notice with respect to such Landlord default, then Successor Landlord shall not be liable for or bound by the Specified Offset Right relating to such Landlord default; or (z) Tenant’s right to exercise against Successor Landlord any express Offset Right (other than a Specified Offset Right which are addressed by clause (y) above) otherwise expressly available to Tenant under the Lease.
