Common use of Recognition and Attornment Clause in Contracts

Recognition and Attornment. Lessor agrees within twenty (20) days after request of Xxxxxx to execute and deliver to Lessee for delivery to any sublessee of all or part of the Leased Premises a recognition agreement stating, in effect, in recordable form and otherwise in form reasonably satisfactory to Lessee, that it will not terminate the sublease or evict the sublessee, and will recognize the subcontractors's rights under the sublease and the rights of subcontractors's leasehold Mortgagee as if Lessor were the original sublessee, notwithstanding any default under and termination of this Agreement; provided, that there is no uncured event of default then existing under the sublease which entitles the Lessor thereunder immediately to terminate the sublease; and provided, further, that the sublessee has agreed in the sublease and, if requested, reconfirms in writing, at the time, its agreement to attorn to Lessor. Such recognition agreement shall require such subcontractors, at Xxxxxx's request, to enter into a direct Agreement with Lessor upon all of the terms of the sublease (but subject to the terms of this Section 25 and the recognition agreement). Any such recognition agreement shall provide at Xxxxxx's request that neither Lessor nor anyone claiming under Lessor shall be: (a) liable for any act or omission of any prior sub-Lessor (including, without limitation, the then defaulting sub-Lessor), or (b) subject to any offsets or defenses which such subcontractors Entity may have against any prior sub-Lessor (including, without limitation, the then defaulting sub-Lessor ), or (c) bound by any payment of rent which such subcontractors Entity might have paid for more than the current month to any prior sub-Lessor (including, without limitation, the then defaulting sub-Lessor), or (d) bound by any covenant to undertake or complete any construction of the Leased Premises or any portion thereof demised by such sublease, or (e) bound by any obligation to make any payment to such subcontractors Entity provided, however, that Lessor shall continue to procure and deliver, or cause to be delivered, any grant provided by the Dormitory Authority of the State of New York and any related allowance which Lessee is obligated to procure and deliver under any sublease, or (f) bound by any sublease or amendment thereto or modification thereof of which Lessor shall not have been provided copies of and approved as set forth in this Agreement.

Appears in 1 contract

Samples: Lease Agreement

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Recognition and Attornment. Lessor agrees within twenty (20) days after request of Xxxxxx to execute and deliver to Lessee for delivery to any sublessee of all or part of the Leased Premises a recognition agreement stating, in effect, in recordable form and otherwise in form reasonably satisfactory to Lessee, that it will not terminate the sublease or evict the sublessee, and will recognize the subcontractors's rights under the sublease and the rights of subcontractors's leasehold Mortgagee as if Lessor were the original sublessee, notwithstanding any default under and termination of this Agreement; provided, that there is no uncured event of default then existing under the sublease which entitles the Lessor thereunder immediately to terminate the sublease; and provided, further, that the sublessee has agreed in the sublease and, if requested, reconfirms in writing, at the time, its agreement to attorn to Lessor. Such recognition agreement shall require such subcontractors, at Xxxxxx's request, to enter into a direct Agreement with Lessor upon all of the terms of the sublease (but subject to the terms of this Section 25 23 and the recognition agreement). Any such recognition agreement shall provide at Xxxxxx's request that neither Lessor nor anyone claiming under Lessor shall be: (a) liable for any act or omission of any prior sub-Lessor (including, without limitation, the then defaulting sub-Lessor), or (b) subject to any offsets or defenses which such subcontractors Entity may have against any prior sub-Lessor (including, without limitation, the then defaulting sub-Lessor ), or (c) bound by any payment of rent which such subcontractors Entity might have paid for more than the current month to any prior sub-Lessor (including, without limitation, the then defaulting sub-Lessor), or (d) bound by any covenant to undertake or complete any construction of the Leased Premises or any portion thereof demised by such sublease, or (e) bound by any obligation to make any payment to such subcontractors Entity provided, however, that Lessor shall continue to procure and deliver, or cause to be delivered, any grant provided by the Dormitory Authority of the State of New York and any related allowance which Lessee is obligated to procure and deliver under any sublease, or (f) bound by any sublease or amendment thereto or modification thereof of which Lessor shall not have been provided copies of and approved as set forth in this AgreementSection 26 hereof.

Appears in 1 contract

Samples: Lease Agreement

Recognition and Attornment. Lessor agrees within twenty (20) days after request of Xxxxxx to execute and deliver to Lessee for delivery to any sublessee of all or part of the Leased Premises a recognition agreement stating, in effect, in recordable form and otherwise in form reasonably satisfactory to Lessee, that it will not terminate the sublease or evict the sublessee, and will recognize the subcontractors's rights under the sublease and the rights of subcontractors's leasehold Leasehold Mortgagee as if Lessor were the original sublessee, notwithstanding any default under and termination of this Agreement; provided, that there is no uncured event of default then existing under the sublease which entitles the Lessor thereunder immediately to terminate the sublease; and provided, further, that the sublessee has agreed in the sublease and, if requested, reconfirms in writing, at the time, its agreement to attorn to Lessor. Such recognition agreement shall require such subcontractors, at Xxxxxx's request, to enter into a direct Agreement with Lessor upon all of the terms of the sublease (but subject to the terms of this Section 25 Agreement and the recognition agreement). Any such recognition agreement shall provide at Xxxxxx's request that neither Lessor nor anyone claiming under Lessor shall be: (a) liable for any act or omission of any prior sub-Lessor landlord (including, without limitation, the then defaulting sub-Lessorlandlord), or (b) subject to any offsets or defenses which such subcontractors Entity may have against any prior sub-Lessor landlord (including, without limitation, the then defaulting sub-Lessor landlord ), or (c) bound by any payment of rent which such subcontractors Entity might have paid for more than the current month to any prior sub-Lessor landlord (including, without limitation, the then defaulting sub-Lessorlandlord), or (d) bound by any covenant to undertake or complete any construction of the Leased Premises or any portion thereof demised Leased by such sublease, or (e) bound by any obligation to make any payment to such subcontractors Entity provided, however, that Lessor shall continue to procure and deliver, or cause to be delivered, any grant provided by the Dormitory Authority of the State of New York and any related allowance which Lessee is obligated to procure and deliver under any sublease, or (f) bound by any sublease or amendment thereto or modification thereof of which Lessor shall not have been provided copies of and approved as set forth in this AgreementSection 26 hereof.

Appears in 1 contract

Samples: Ground Lease

Recognition and Attornment. Lessor agrees within twenty (20) days after request of Xxxxxx to execute and deliver to Lessee for delivery to any sublessee of all or part of the Leased Premises a recognition agreement stating, in effect, in recordable form and otherwise in form reasonably satisfactory to Lessee, that it will not terminate the sublease or evict the sublessee, and will recognize the subcontractors's rights under the sublease and the rights of subcontractors's leasehold Leasehold Mortgagee as if Lessor were the original sublessee, notwithstanding any default under and termination of this Agreement; provided, that there is no uncured event of default then existing under the sublease which entitles the Lessor thereunder immediately to terminate the sublease; and provided, further, that the sublessee has agreed in the sublease and, if requested, reconfirms in writing, at the time, its agreement to attorn to Lessor. Such recognition agreement shall require such subcontractors, at Xxxxxx's request, to enter into a direct Agreement with Lessor upon all of the terms of the sublease (but subject to the terms of this Section 25 Agreement and the recognition agreement). Any such recognition agreement shall provide at Xxxxxx's request that neither Lessor nor anyone claiming under Lessor shall be: (a) liable for any act or omission of any prior sub-Lessor landlord (including, without limitation, the then defaulting sub-Lessorlandlord), or (b) subject to any offsets or defenses which such subcontractors Entity may have against any prior sub-Lessor landlord (including, without limitation, the then defaulting sub-Lessor landlord ), or (c) bound by any payment of rent which such subcontractors Entity might have paid for more than the current month to any prior sub-Lessor landlord (including, without limitation, the then defaulting sub-Lessorlandlord), or (d) bound by any covenant to undertake or complete any construction of the Leased Premises or any portion thereof demised Leased by such sublease, or (e) bound by any obligation to make any payment to such subcontractors Entity provided, however, that Lessor shall continue to procure and deliver, or cause to be delivered, any grant provided by the Dormitory Authority of the State of New York and any related allowance which Lessee is obligated to procure and deliver under any sublease, or (f) bound by any sublease or amendment thereto or modification thereof of which Lessor shall not have been provided copies of and approved as set forth in this AgreementSection 22 hereof.

Appears in 1 contract

Samples: Ground Lease

Recognition and Attornment. Lessor agrees within twenty (20) days after request of Xxxxxx to execute and deliver to Lessee for delivery to any sublessee of all or part of the Leased Premises a recognition agreement stating, in effect, in recordable form and otherwise in form reasonably satisfactory to Lessee, that it will not terminate the sublease or evict the sublessee, and will recognize the subcontractors's rights under the sublease and the rights of subcontractors's leasehold Mortgagee as if Lessor were the original sublessee, notwithstanding any default under and termination of this Agreement; provided, that there is no uncured event of default then existing under the sublease which entitles the Lessor thereunder immediately to terminate the sublease; and provided, further, that the sublessee has agreed in the sublease and, if requested, reconfirms in writing, at the time, its agreement to attorn to Lessor. Such recognition agreement shall require such subcontractors, at Xxxxxx's request, to enter into a direct Agreement with Lessor upon all of the terms of the sublease (but subject to the terms of this Section 25 and the recognition agreement). Any such recognition agreement shall provide at Xxxxxx's request that neither Lessor nor anyone claiming under Lessor shall be: (a) liable for any act or omission of any prior sub-Lessor (including, without limitation, the then defaulting sub-Lessor), or (b) subject to any offsets or defenses which such subcontractors Entity may have against any prior sub-Lessor (including, without limitation, the then defaulting sub-Lessor ), or (c) bound by any payment of rent which such subcontractors Entity might have paid for more than the current month to any prior sub-Lessor (including, without limitation, the then defaulting sub-Lessor), or (d) bound by any covenant to undertake or complete any construction of the Leased Premises or any portion thereof demised by such sublease, or (e) bound by any obligation to make any payment to such subcontractors Entity provided, however, that Lessor shall continue to procure and deliver, or cause to be delivered, any grant provided by the Dormitory Authority of the State of New York and any related allowance which Lessee is obligated to procure and deliver under any sublease, or (f) bound by any sublease or amendment thereto or modification thereof of which Lessor shall not have been provided copies of and approved as set forth in this Agreement.Section 28 hereof

Appears in 1 contract

Samples: Lease Agreement

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Recognition and Attornment. Lessor agrees within twenty (20) days after request of Xxxxxx to execute and deliver to Lessee for delivery to any sublessee of all or part of the Leased Premises a recognition agreement stating, in effect, in recordable form and otherwise in form reasonably satisfactory to Lessee, that it will not terminate the sublease or evict the sublessee, and will recognize the subcontractors's rights under the sublease and the rights of subcontractors's leasehold Mortgagee as if Lessor were the original sublessee, notwithstanding any default under and termination of this Agreement; provided, that there is no uncured event of default then existing under the sublease which entitles the Lessor thereunder immediately to terminate the sublease; and provided, further, that the sublessee has agreed in the sublease and, if requested, reconfirms in writing, at the time, its agreement to attorn to Lessor. Such recognition agreement shall require such subcontractors, at Xxxxxx's request, to enter into a direct Agreement with Lessor upon all of the terms of the sublease (but subject to the terms of this Section 25 23 and the recognition agreement). Any such recognition agreement shall provide at Xxxxxx's request that neither Lessor nor anyone claiming under Lessor shall be: (a) liable for any act or omission of any prior sub-Lessor (including, without limitation, the then defaulting sub-Lessor), or (b) subject to any offsets or defenses which such subcontractors Entity may have against any prior sub-Lessor (including, without limitation, the then defaulting sub-Lessor ), or (c) bound by any payment of rent which such subcontractors Entity might have paid for more than the current month to any prior sub-Lessor (including, without limitation, the then defaulting sub-Lessor), or (d) bound by any covenant to undertake or complete any construction of the Leased Premises or any portion thereof demised by such sublease, or (e) bound by any obligation to make any payment to such subcontractors Entity provided, however, that Lessor shall continue to procure and deliver, or cause to be delivered, any grant provided by the Dormitory Authority of the State of New York and any related allowance which Lessee is obligated to procure and deliver under any sublease, orsubcontractors (f) bound by any sublease or amendment thereto or modification thereof of which Lessor shall not have been provided copies of and approved as set forth in this AgreementSection 21 hereof.

Appears in 1 contract

Samples: Lease Agreement

Recognition and Attornment. Lessor agrees within twenty (20) days after request of Xxxxxx to execute and deliver to Lessee for delivery to any sublessee of all or part of the Leased Premises a recognition agreement stating, in effect, in recordable form and otherwise in form reasonably satisfactory to Lessee, that it will not terminate the sublease or evict the sublessee, and will recognize the subcontractors's rights under the sublease and the rights of subcontractors's leasehold Mortgagee as if Lessor were the original sublessee, notwithstanding any default under and termination of this Agreement; provided, that there is no uncured event of default then existing under the sublease which entitles the Lessor thereunder immediately to terminate the sublease; and provided, further, that the sublessee has agreed in the sublease and, if requested, reconfirms in writing, at the time, its agreement to attorn to Lessor. Such recognition agreement shall require such subcontractors, at Xxxxxx's request, to enter into a direct Agreement with Lessor upon all of the terms of the sublease (but subject to the terms of this Section 25 23 and the recognition agreement). Any such recognition agreement shall provide at Xxxxxx's request that neither Lessor nor anyone claiming under Lessor shall be: (a) liable for any act or omission of any prior sub-Lessor (including, without limitation, the then defaulting sub-Lessor), or (b) subject to any offsets or defenses which such subcontractors Entity may have against any prior sub-Lessor (including, without limitation, the then defaulting sub-Lessor ), or (c) bound by any payment of rent which such subcontractors Entity might have paid for more than the current month to any prior sub-Lessor (including, without limitation, the then defaulting sub-Lessor), or (d) bound by any covenant to undertake or complete any construction of the Leased Premises or any portion thereof demised by such sublease, or (e) bound by any obligation to make any payment to such subcontractors Entity provided, however, that Lessor shall continue to procure and deliver, or cause to be delivered, any grant provided by the Dormitory Authority of the State of New York and any related allowance which Lessee is obligated to procure and deliver under any sublease, or (f) bound by any sublease or amendment thereto or modification thereof of which Lessor shall not have been provided copies of and approved as set forth in this AgreementSection 21 hereof.

Appears in 1 contract

Samples: Lease Agreement

Recognition and Attornment. Lessor agrees within twenty (20a) days after request of Xxxxxx to execute and deliver to Lessee for delivery to In the event Lender or any sublessee of all or part other party becomes owner of the Leased Premises by reason of any foreclosure sale or other sale under the Loan Documents or by a recognition agreement statingdeed in lieu of foreclosure, and so long as the Lease has not been terminated on account of a default by Lessee that has continued beyond any applicable cure period: (i) the Lease shall continue in full force and effect, in recordable form without the necessity for executing any new lease, as a direct lease between such new owner of the Premises and otherwise in form reasonably satisfactory to Lessee, that it will not terminate upon the sublease or evict the sublesseesame terms, covenants, and will provisions contained in the Lease (except as otherwise provided in this Agreement); and (ii) Lessee shall be bound to such new owner of the Premises under all terms, covenants, and provisions of the Lease (except as otherwise provided in this Agreement) for the remainder of its term and Lessee shall attorn to such new owner and recognize the subcontractors's rights such new owner as landlord under the sublease and Lease. (b) Notwithstanding anything to the rights contrary contained in this Agreement or in the Lease, neither Lender nor any other party becoming owner of subcontractors's leasehold Mortgagee as if Lessor were the original sublessee, notwithstanding Premises by reason of any default under and termination of this Agreement; provided, that there is no uncured event of default then existing foreclosure sale or other sale under the sublease which entitles the Lessor thereunder immediately to terminate the sublease; and provided, further, that the sublessee has agreed Loan Documents or by a deed in the sublease and, if requested, reconfirms in writing, at the time, its agreement to attorn to Lessor. Such recognition agreement shall require such subcontractors, at Xxxxxx's request, to enter into a direct Agreement with Lessor upon all lieu of the terms of the sublease (but subject to the terms of this Section 25 and the recognition agreement). Any such recognition agreement shall provide at Xxxxxx's request that neither Lessor nor anyone claiming under Lessor foreclosure shall be: : (ai) liable for any act or omission of any prior sub-Lessor Lessor; (including, without limitation, the then defaulting sub-Lessor), or (bii) subject to any offsets claims, defenses, setoffs, or defenses counterclaims which such subcontractors Entity Lessee may have at any time against Lessor and which accrue prior to the date of any foreclosure sale or other sale or of a deed in lieu of foreclosure; (iii) bound by any modification or amendment of the Lease or any waiver of any terms of the Lease made without the prior sub-written consent of Lender; (iv) bound by any prepayment of rent or other monies under the Lease, except rent for one month in advance; (v) liable for any security or other sums, if any, deposited with Lessor under the Lease (including, without limitation, unless actually delivered to and received by Lender); (vi) obligated to commence or complete any construction or installation of any improvements upon the then defaulting sub-Lessor ), orPremises or to make any contribution towards any construction or installation of any improvements; or (vii) obligated for the restoration or repair of any improvement upon the Premises following any fire or casualty not required to be insured under the Lease or for the costs of any restoration or repair in excess of any proceeds recovered under any insurance required to be maintained under the Lease. (c) bound Notwithstanding anything to the contrary contained in this Agreement or in the Lease, neither Lender nor any other party becoming owner of the Premises by reason of any foreclosure sale or other sale under the Loan Documents or by a deed in lieu of foreclosure, shall have any personal liability, directly or indirectly, under or in connection with the Lease, and Xxxxxx shall look solely to the Premises for recovery of any judgment or damages from Lender or such other party. The foregoing limitation of liability is in addition to, and not in limitation of, any limitation on liability applicable to Lender or such party provided by law or by any payment of rent which such subcontractors Entity might have paid for more than the current month to any prior sub-Lessor (includingother agreement, without limitation, the then defaulting sub-Lessor), or (d) bound by any covenant to undertake document or complete any construction of the Leased Premises or any portion thereof demised by such sublease, or (e) bound by any obligation to make any payment to such subcontractors Entity provided, however, that Lessor shall continue to procure and deliver, or cause to be delivered, any grant provided by the Dormitory Authority of the State of New York and any related allowance which Lessee is obligated to procure and deliver under any sublease, or (f) bound by any sublease or amendment thereto or modification thereof of which Lessor shall not have been provided copies of and approved as set forth in this Agreementinstrument.

Appears in 1 contract

Samples: Assignment, Subordination, Non Disturbance and Attornment Agreement

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