Common use of Rights of Holder of Mortgage Clause in Contracts

Rights of Holder of Mortgage. No act or failure to act on the part of Landlord which would entitle Tenant under the terms of this Lease, or by law, to be relieved of Tenant’s obligations hereunder or to terminate this Lease, shall result in a release or termination of such obligations or a termination of this Lease unless (i) Tenant shall have first given written notice of Landlord’s act or failure to act to Landlord’s mortgagees of record, if any, specifying the act or failure to act on the part of Landlord which could or would give basis to Tenant’s rights; and (ii) such mortgagees, after receipt of such notice, have failed or refused to correct or cure the condition complained of within a reasonable time thereafter; but nothing contained in this Section 8.3 shall be deemed to impose any obligation on any such mortgagees to correct or cure any condition. “

Appears in 2 contracts

Samples: Lease Agreement (SciVac Therapeutics Inc.), Lease Agreement (Targanta Therapeutics Corp.)

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Rights of Holder of Mortgage. No act or failure to act on the part of Landlord which would entitle Tenant under the terms of this Lease, or by law, to be relieved of Tenant’s 's obligations hereunder or to terminate this Lease, shall result in a release or termination of or such obligations or a termination of this Lease unless (i) Tenant shall have first given written notice of Landlord’s 's act or failure to act to Landlord’s mortgagees each mortgagee of recordLandlord of which Tenant has received notice, if anyincluding the address of such mortgagee, specifying the act or failure to act on the part of Landlord which could or nor would give basis to Tenant’s 's rights; and (ii) such mortgagees, after receipt of such notice, have failed or refused to correct or cure the condition complained of within a reasonable time thereafterthereafter (but in no event longer than thirty (30) days after such notice); but nothing contained in this Section 8.3 shall be deemed to impose any obligation on any such mortgagees to correct or cure any condition. “.

Appears in 1 contract

Samples: Dura Products International Inc

Rights of Holder of Mortgage. No act or failure to act on the part of Landlord which would entitle Tenant under the terms of this Lease, or by law, to be relieved of Tenant’s 's obligations hereunder or to terminate this Lease, shall result in a release or termination of such obligations or a termination of this Lease unless (i) Tenant shall have first given written notice of Landlord’s 's act or failure to act to Lender or any other of Landlord’s 's mortgagees of record, if any, specifying the act or failure to act on the part of Landlord which could or would give basis to Tenant’s 's rights; and (ii) Lender or any other such mortgagees, after receipt of such notice, have failed or refused to correct or cure the condition complained of within a reasonable time thereafter; but nothing contained in this Section 8.3 shall be deemed to impose any obligation on any such mortgagees to correct or cure any condition. “reasonable

Appears in 1 contract

Samples: Network Plus Inc

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Rights of Holder of Mortgage. No act or failure to act on the part of Landlord which would entitle Tenant under the terms of this Lease, or by law, to be relieved of Tenant’s 's obligations hereunder or to terminate this Lease, shall result in a release or termination of such obligations or a termination of this Lease unless (i) Tenant shall have first given written notice of Landlord’s 's act or failure to act to Landlord’s 's mortgagees of record, if any, specifying the act or failure to act on the part of Landlord which could or would give basis to Tenant’s Xxxxxx's rights; and (ii) such mortgagees, after receipt of such notice, have failed or refused to correct or cure the condition complained of within a reasonable time thereafter; but nothing contained in this Section 8.3 9.3 shall be deemed to impose any obligation on any such mortgagees to correct or cure any condition. "

Appears in 1 contract

Samples: World Energy Solutions, Inc.

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