Protection of Successor Landlord. Notwithstanding anything to the contrary in the Lease or the Mortgage, Successor Landlord shall not be liable for or bound by any of the following matters:
Protection of Successor Landlord. Tenant agrees that Successor Landlord will not be liable for, subject to or bound by any of the following:
a. claims,-offsets or defenses which Tenant might have against Landlord;
b. acts or omissions of Landlord;
c. rent or additional rent which Tenant might have paid for more than the current month;
d. any security deposit or other prepaid charge paid to Landlord;
e. construction or completion of any improvements for Tenant's use and occupancy;
f. warranties of any nature whatsoever, including any warranties respecting use, compliance with zoning, hazardous wastes or environmental laws, Landlord's title, Landlord's authority, habitability, fitness for purpose or possession; or
g. amendments or modifications of the Lease made without its written consent
Protection of Successor Landlord. Notwithstanding anything to the contrary in the Lease or the Deed of Trust, any party which becomes owner of Landlord’s Premises as a result of a judicial or non-judicial foreclosure of the Deed of Trust or a deed or other conveyance in lieu of foreclosure (a “Successor Landlord”), shall not be liable for or bound by any of the following matters:
Protection of Successor Landlord. Notwithstanding anything to the contrary in the Lease or the Mortgage, neither Mortgagee nor the Successor Landlord shall be liable for or bound by any of the following matters:
Protection of Successor Landlord. Tenant agrees that Successor Landlord will not be liable for, subject to or bound by any of the following:
a. claims, counterclaims, offsets or defenses of any nature which Tenant might have against Landlord or any prior landlord;
b. defaults, misrepresentations, breach of warranty, negligence or any other acts or omissions of Landlord or any prior landlord;
c. rent or additional rent which Tenant might have paid for more than the current month;
d. any security deposit, reserve or other deposit or prepaid charge paid to Landlord or any prior landlord;
e. representations or warranties of any nature whatsoever, including any representations or warranties respecting use, compliance with zoning, hazardous wastes or environmental laws, Landlord or any prior landlord’s title, Landlord or any prior landlord’s authority, habitability, fitness for purpose or possession;
f. extensions, renewals, terminations, amendments or modifications of the Lease or any waivers or consents given to Tenant under or with respect to the Lease made or given without Lender’s written consent;
g. bound by any of Landlord’s or any prior landlord’s liabilities or obligations under the Lease which were to be paid or performed (or which arose or accrued) before Successor Landlord became the owner of the Property;
h. bound by an obligation of Landlord or any prior landlord to construct, maintain, repair or rebuild the Property under the Lease, or to reimburse Tenant or otherwise pay for any such work; or
i. bound by any obligations to indemnify Tenant under the Lease.
Protection of Successor Landlord. Notwithstanding anything to the contrary in this Lease or any mortgage, any party that becomes owner of the Demised Premises or the Building as a result of (i) foreclosure under any mortgage, (ii) any other exercise by a Mortgagee (as defined below) of rights and remedies (whether under any mortgage or under applicable law, including bankruptcy law) as holder of a mortgage, or (iii) delivery by Landlord to a Mortgagee (or its designee or nominee) of a deed or other conveyance of Landlord’s interest in the real property in lieu of any of the foregoing (“Successor Landlord”) shall not be liable for or bound by and of the following matters (except as set forth to the contrary in any then applicable SNDA):
Protection of Successor Landlord. Notwithstanding anything to the contrary in the Lease or the Mortgage, Successor Landlord shall not be liable for or bound by any of the following matters: Claims Against Former Landlord. Any Offset Right that Tenant may have against any Former Landlord relating to any event or occurrence before the date of attornment, including any claim for damages of any kind whatsoever as the result of any breach by Former Landlord that occurred before the date of attornment.
Protection of Successor Landlord. Xxxxxx agrees that Successor Xxxxxxxx will not be liable for, subject to or bound by any of the following:
(a) Claims, offsets or defenses which Tenant might have against Landlord.
(b) Acts or omissions of Landlord.
(c) Rent or additional rent which Tenant might have paid for more than the current month.
(d) Any security deposit or other prepaid charge paid to Landlord.
(e) Construction or completion of any improvements for Tenant’s use and occupancy.
(f) Warranties of any nature whatsoever, including any warranties respecting use, compliance with zoning, hazardous wastes or environmental laws, Landlord’s title, Landlord’s authority, habitability, fitness for purpose or possession.
(g) Amendments or modifications of the Solar Lease made without its written consent.
(h) Any and all sums that would otherwise be due and payable pursuant to the Solar Lease.
(i) Any and all sums that would otherwise be due and payable upon the termination of the Solar Lease and/or [TITLE OF THE POWER PURCHASE AGREEMENT] (the “PPA”).
(j) Any fees, costs, or expenses in conjunction with a termination of the Solar Lease and/or the PPA or any other agreement between Landlord and Tenant related thereto.
Protection of Successor Landlord. Tenant agrees that Successor Landlord will not be liable for, subject to or bound by any of the following:
(a) claims, offsets or defenses which Tenant might have against the prior Landlord;
(b) acts or omissions of the prior Landlord;
(c) rent or additional rent which Tenant might have paid more than thirty (30) days in advance;
(d) any security deposit or other prepaid charge paid to the prior Landlord;
(e) construction or completion of any improvements for Tenant’s use and occupancy provided that Tenant shall retain any rights it has under the Lease with respect to the purchase of the Property in accordance with Section 3(a) of the Work Letter attached to the Lease;
(f) warranties of any nature whatsoever, including any warranties respecting use, compliance with zoning, hazardous wastes or environmental laws, prior Landlord’s title, prior Landlord’s authority, habitability, fitness for purpose or possession; or
(g) amendments or modifications of the Lease made without its written consent.
Protection of Successor Landlord. Notwithstanding anything to the contrary in the Lease or the Security Instrument, Successor Landlord shall not (i) be obligated to repair, replace, or restore the Property or the Leased Premises in the event of damage or destruction, beyond such repair, replacement, or restoration as can be reasonably accomplished from the net proceeds of insurance actually received by or made available to such Successor Landlord; (ii) be responsible for any previous act or omission of the Former Landlord or for the return of any security deposit unless actually received; (iii) be subject to any liability or offset accruing to Tenant against the Former Landlord; (iv) be bound by any previous modification or extension of this Lease unless previously consented to by Successor Landlord; or (v) be bound by any previous prepayment of more than one month’s rent or other charge (except for the prepayment by Tenant of any Taxes that may be required pursuant to Article 10 of the Lease). Tenant waives the provisions of any statute or rule of law now or hereafter in effect which may give or purport to give Tenant any right of election to terminate the Lease or to surrender possession of the Leased Premises in the event of any foreclosure proceeding brought by Mortgagee and agrees that unless and until Mortgagee or any Successor Landlord shall elect to terminate the Lease and to extinguish the leasehold estate of Tenant under the Lease, the Lease shall not be affected in any way whatsoever by any such proceeding.
