PROTECTION OF MORTGAGEE. If in connection with any mortgage by Lessor of the Premises there shall be executed an assignment by Lessor of Lessor's interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, Lessee agrees:
PROTECTION OF MORTGAGEE. (a) Lessee shall have the right at all times during the term of the Agreement, with the consent of Lessor, which consent shall not be unreasonably withheld, to obtain bona fide loans (including through special purpose revenue bonds) and to secure such loans by encumbering the leasehold estate created by the Agreement by any mortgage, deed of trust or other security instrument, including, without limitation, an assignment of the rents, issues and profits therefrom, ("Leasehold Mortgages").
PROTECTION OF MORTGAGEE. During the existence of any mortgage above stated of this lease, Lessor will not terminate this lease because of any default by Lessee hereunder if the mortgagee, or its assigns, within one hundred and twenty (120) days after Lessor has mailed to the mortgagee or its assigns, at its last known address, a duplicate written Notice of Default, mailed to the Lessee as required by Article XX: “Default”, shall either cure such default, if the same can be cured by the payment of money or, if such is not the case, shall undertake in writing to perform all the covenants of this lease capable of performance by pursuant to such mortgage, or if the mortgage is assigned, until this lease shall have been sold by said assignee. Anything elsewhere herein contained to the contrary notwithstanding, so long as there is upon Xxxxxx’s leasehold estate a mortgage above-stated, Lessor shall not without written permission from said mortgagee and its successors or assigns, exercise Lessor’s right to terminate this lease for any cause whatsoever within a period of 120 days from the giving to said mortgagee, its successors and assigns, of said duplicate written Notice of Default by Lessee under this lease and within such period of 120 days the mortgagee, its successors or assigns, may reinstate this lease by causing all existing defaults to be cured. Lessor shall not exercise its right to terminate this lease for any reason whatsoever during the time required by the owner and holder of any authorized mortgage of Xxxxxx’s leasehold estate to complete its remedies under such mortgage, provided (i) that such owner and holder proceeds promptly with its remedies under such mortgage and thereafter prosecutes and completes the same with due diligence and
PROTECTION OF MORTGAGEE. (Tri-partite Agreements) The Landlord and the Tenant agree that the obligations of the Landlord under clause 17.2 are subject to the Mortgagee entering into an agreement in the form attached to this Lease as Schedule “C”, whereby the Mortgagee covenants and agrees that if it acquires title to the Tenant’s interest in this Lease, but only for so long as it holds such title, it will perform and observe the covenants and agreements required of the Tenant to be performed and observed, if not performed or observed by the Tenant, whether or not the Landlord has taken any steps to enforce performance or observance of any of the covenants and agreements in this Lease to be performed or observed by the Tenant.
PROTECTION OF MORTGAGEE. Mortgagor, and its assigns, will protect, defend, indemnify and hold harmless Mortgagee from and against all liabilities, obligations, claims, damages, penalties, causes of action, cost and expenses (including, without limitation, reasonable attorneys’ fees and expenses) imposed upon or incurred by or asserted against the Mortgagee or either of them by reason of (a) ownership of any interest in the Mortgaged Property or any part thereof, (b) any accident, injury to or death of any person or persons, or loss of or damage to property, occurring on or about the Mortgaged Property or any part thereof or any adjoining sidewalks, curbs, vaults and vault spaces, streets or highways, (c) any use, nonuse or condition of the Mortgaged Property or any part thereof, or any adjoining sidewalks, curbs, vaults and vault spaces, street or highways, (d) any failure on the part of Mortgagor to perform or comply with any of the terms, covenants or conditions of this Mortgage, (e) any necessity to defend any of the rights, title or interest conveyed by this Mortgage, or (f) the performance of any labor or services or the furnishing of any materials or other property in respect of the Mortgaged Property or any part thereof. Notwithstanding the foregoing, Mortgagor shall have no obligation to protect, defend, indemnify or hold Mortgagee harmless with respect to any liability, obligation, claim, damage, penalty, cause of action, cost or expenses arising from or due to the negligent or willful misconduct of Mortgagee or Mortgagee. In the event that any action, suit or proceeding is brought against Mortgagee by reason of any of the matters described in the immediately preceding sentence, Mortgagor, upon the request of Mortgagee, will, at Mortgagor’s expense, cause such action, suit or proceeding to be resisted and defended by counsel designated by Mortgagor and approved by Mortgagee. Any amounts payable to Mortgagee pursuant to the provisions of this paragraph shall be secured by this Mortgage. The obligations of Mortgagor under this paragraph shall survive any defeasance of this Mortgage. For purposes of clause (d) in the first sentence of the preceding paragraph (and without limiting the generality thereof), it is expressly understood and agreed that Mortgagee shall have no duty to examine or make any investigation with respect to any work done, action taken or payment made by Mortgagor pursuant to this Mortgage, and any determination of value under any such Section (except as ...
PROTECTION OF MORTGAGEE. 13 27. ARBITRATION ....................................................... 19 28.
PROTECTION OF MORTGAGEE. (a) Lessee shall have the right at all times during the term hereof, with the consent of Lessor, which consent shall not be unreasonably withheld, to obtain bonafide loans (including through special purpose revenue bonds) from a recognized lending or financial institution (including insurance companies), the Federal government, the State of Hawaii and/or the County of Hawaii, and to secure such loans by encumbering the leasehold estate created by this lease by one or more mortgages, deeds of trust or other security instruments, including, without limitation, assignments of the rents, issues and profits from the Leased Land or any portion thereof; provided, however, that the proceeds of such loans are to be used for the design, planning, purchase, construction, maintenance and operation of the power plant and other related equipment, personal property, fixtures and improvements necessary or desirable in the operation of a geothermal power plant.
PROTECTION OF MORTGAGEE. (a) Lessee shall have the right at all times during the term of the Lease, with the consent of Lessor, which consent shall not be unreasonably withheld, to obtain bona fide loans (including through special purpose revenue bonds) and to secure such loans by encumbering the leasehold estate created by the Lease by any mortgage, deed of trust or other security instrument, including, without limitation, an assignment of the rents, issues and profits therefrom (excluding, however, the rentals and royalties payable to Lessor hereunder), ("Leasehold Mortgages"); provided, however, that the proceeds of such loans shall be used for the planning, financing, development, design, purchase, construction, maintenance, and operation of one or more power plants, well fields and related equipment, personal property, fixtures and improvements necessary or desirable in the operation of such facilities on the Property or utilizing Resources produced from the Property. It shall be unreasonable for Lessor to withhold consent to a Leasehold Mortgage if the lender is a recognized lending or financial institution (including insurance companies) that is financially sound or is the Federal government, the State of California and/or a bona fide municipality of the State of California.
PROTECTION OF MORTGAGEE. Notwithstanding anything to the contrary set forth in this Lease or the mortgage encumbering the fee simple interest of Landlord in the Leased Premises (the "Mortgage"), Landlord and Tenant agree that General Electric Capital Corporation together with its successors and assigns, ("Mortgagee") shall not be liable for, or bound by, any of the following matters:
PROTECTION OF MORTGAGEE. (a) Lessee as Mortgagee:
