Common use of Rights Under the Lease Clause in Contracts

Rights Under the Lease. If Lender shall: (i) succeed to the interests of Landlord in and to the Premises or under the Lease, or (ii) enter into possession of the Premises under circumstances described in Section 38, Lender shall be bound to Tenant under all of the terms, covenants and conditions of the Lease, and Tenant shall, from and after Xxxxxx's succession to the interests of Landlord in and to the Premises or under the Lease or entry into possession of the Premises, as the case may be, have the same remedies against Xxxxxx as Landlord for the breach of any provision contained in the Lease that Xxxxxx might have had under the Lease against Landlord if Xxxxxx had not succeeded to the interests of Landlord in and to the Premises or under the Lease or entered into possession of the Premises, as the case may be; provided, however, that Lender shall not be: (a) liable for any acts or omissions of any prior landlord (including, but not limited to, Landlord) except that Lender shall be required to cure any continuing defaults, such as failure to maintain parking areas or make necessary repairs; (b) subject to any offsets, deductions or defenses which Tenant might have arising out of acts or omissions of any prior landlord (including, but not limited to, Landlord) except for the right to recapture from rent any reasonable amounts expended by Tenant to cure a default of Landlord for which Xxxxxx had received a copy of notice pursuant to the terms hereof and would have been required to cure upon succeeding to the interest of Landlord; or (c) obligated to give Tenant a credit for and/or acknowledge any rent or other charges which Tenant has paid to Landlord or any prior landlord which is in excess of two months' rent and other charges preceding the effective date of the notice from Lender issued to Tenant regarding Xxxxxx's succeeding to the Landlord's interest under the Lease unless such payment is provided for in the Lease as presently existing or as amended in accordance with this Agreement. Additionally, in the event of Xxxxxx's succession to Landlord's interests in and to the Premises or under the Lease, or entry into possession of the Premises as provided in Section 5, Tenant shall be bound to Lender, as Landlord, under all of the terms, covenants and conditions of the Lease, and Lender, as Landlord, shall, from and after Xxxxxx's succession to the interest of Landlord under the Lease or entry into possession of the Premises, as the case may be, have the same rights and remedies against Tenant for the breach of any provision contained in the Lease that Landlord might have had under the Lease against Tenant if Xxxxxx had not succeeded to the interests of Landlord in and to the Premises or under the Lease or entered into possession of the Premises, as the case may be.

Rights Under the Lease. If Lender shall: (i) succeed to the interests of Landlord in and to the Premises or under the Lease, or (ii) enter into possession of the Premises under circumstances described in Section 38, Lender shall be bound to Tenant under all of the terms, covenants and conditions of the Lease, and Tenant shall, from and after XxxxxxLender's succession to the interests of Landlord in and to the Premises or under the Lease or entry into possession of the Premises, as the case may be, have the same remedies against Xxxxxx Lender as Landlord for the breach of any provision contained in the Lease that Xxxxxx Tenant might have had under the Lease against Landlord if Xxxxxx Lender had not succeeded to the interests of Landlord in and to the Premises or under the Lease or entered into possession of the Premises, as the case may be; provided, however, that Lender shall not be: (a) liable for any acts or omissions of any prior landlord (including, but not limited to, Landlord) except that Lender shall be required to cure any continuing defaults, such as failure to maintain parking areas or make necessary repairs; (b) subject to any offsets, deductions or defenses which Tenant might have arising out of acts or omissions of any prior landlord (including, but not limited to, Landlord) except for the right to recapture from rent any reasonable amounts expended by Tenant to cure a default of Landlord for which Xxxxxx Lender had received a copy of notice pursuant to the terms hereof and would have been required to cure upon succeeding to the interest of Landlord; or (c) obligated to give Tenant a credit for and/or acknowledge any rent or other charges which Tenant has paid to Landlord or any prior landlord which is in excess of two months' rent and other charges preceding the effective date of the notice from Lender issued to Tenant regarding XxxxxxLender's succeeding to the Landlord's interest under the Lease unless such payment is provided for in the Lease as presently existing or as amended in accordance with this Agreement. Additionally, in the event of XxxxxxLender's succession to Landlord's interests in and to the Premises or under the Lease, or entry into possession of the Premises as provided in Section 5, Tenant shall be bound to Lender, as Landlord, under all of the terms, covenants and conditions of the Lease, and Lender, as Landlord, shall, from and after XxxxxxLender's succession to the interest of Landlord under the Lease or entry into possession of the Premises, as the case may be, have the same rights and remedies against Tenant for the breach of any provision contained in the Lease that Landlord might have had under the Lease against Tenant if Xxxxxx Lender had not succeeded to the interests of Landlord in and to the Premises or under the Lease or entered into possession of the Premises, as the case may be.

Rights Under the Lease. If Lender shall: (i) shall succeed to the interests of Landlord in and to the Premises or under the Lease, or (ii) enter into possession of the Premises under circumstances described in Section 38, Lender shall be bound to Tenant under all of the terms, covenants and conditions of the Lease, and Tenant shall, from and after Xxxxxx's succession to the interests of Landlord in and to the Premises or under the Lease or entry into possession of the Premises, as the case may be, have the same remedies against Xxxxxx as Landlord for the breach of any provision contained in the Lease that Xxxxxx might have had under the Lease against Landlord if Xxxxxx had not succeeded to the interests of Landlord in and to the Premises or under the Lease or entered into possession of the Premises, as the case may be; provided, however, that Lender shall not be: (a) liable for any acts or omissions of any prior landlord (including, but not limited to, Landlord) except that Lender shall be required to cure any continuing defaults, such as failure to maintain parking areas or make necessary repairs;); or (b) subject to any offsets, deductions or defenses which Tenant might have arising out of acts or omissions of any prior landlord (including, but not limited to, Landlord) except for the right to recapture from rent any reasonable amounts expended by Tenant to cure a default of Landlord for which Xxxxxx had received a copy of notice pursuant to the terms hereof and would have been required to cure upon succeeding to the interest of Landlord); or (c) liable to Tenant for any security deposit under the Lease not actually transferred and paid over to Lender; or (d) obligated to give Tenant a credit for and/or acknowledge any rent or other charges additional rent which Tenant has paid to Landlord or any prior landlord which is in excess of two months' the rent and other charges or additional rent due under the Lease preceding the effective date of the notice from wherein Lender issued to gave Tenant regarding Xxxxxx's notice of Lenders succeeding to the Landlord's interest under the Lease Lease, unless such payment is provided for in the Lease as presently existing or as amended in accordance with this Agreement; or (e) bound by any agreement or modification of the Lease made after the date hereof without Lenders consent, except as permitted by the Mortgage. AdditionallyThe foregoing provisions shall be self-operative and effective without the execution of any further instruments on the part of either party hereto. However, Tenant agrees to execute and deliver to Lender or to any person to whom Tenant herein agrees to attorn such other instruments as either shall request in order to effectuate said provisions. Any option to purchase or right of first offer with respect to the Property in favor of Tenant shall not be deemed to (i) include a transfer to Lender or Lender's nominee in the event of Xxxxxx's succession to Landlord's interests a foreclosure or deed in and to the Premises or under the Lease, or entry into possession lieu of the Premises as provided in Section 5, Tenant shall foreclosure; (ii) be bound to Lender, as Landlord, under all of the terms, covenants and conditions of the Lease, and Lender, as Landlord, shall, from and after Xxxxxx's succession to the interest of Landlord under the Lease or entry into possession of the Premises, as the case may be, have the same rights and remedies against Tenant for the breach a waiver of any provision rights of Lender with respect to any prohibition on prepayment or transfer as contained in the Lease that Landlord might have had under Mortgage or any other document evidencing or securing the Lease against Tenant if Xxxxxx had not succeeded Loan; or (iii) include a transfer by Lender to the interests an affiliate of Landlord in and to the Premises or under the Lease or entered into possession of the Premises, as the case may beLender.

Rights Under the Lease. If Lender shall: (i) succeed to the interests interest of Landlord in and to the Premises or under the Lease, or (ii) enter into possession of the Premises under circumstances described in Section 38Paragraph 5 below, Lender shall be bound to the Tenant under all of the terms, covenants and conditions of the Lease, and . Tenant shall, from and after Xxxxxx's ’s succession to the interests interest of Landlord Xxxxxxxx in and to the Premises or under the Lease or entry into possession of the Premises, as the case may be, have the same remedies against Xxxxxx as Landlord Lender for the breach of any provision contained in the Lease that Xxxxxx Tenant might have had under the Lease against Landlord if Xxxxxx had not succeeded to the interests of Landlord in and to the Premises or under the Lease or entered into possession of the Premises, as the case may be; providedprovided further, however, that Lender shall not be: (a) liable for any acts or omissions of any prior landlord (including, but not limited to, Landlord) ), except that Lender shall be required to cure any continuing defaults, such as failure to maintain parking areas or make necessary repairs; (b) subject to any offsets, deductions or defenses which Tenant might have arising out of acts or omissions of any prior landlord (including, but not limited to, Landlord) ), except for the right to recapture from rent any reasonable amounts expended by Tenant to cure a default of Landlord for the prior landlord as to which Xxxxxx had has received a copy of notice pursuant to the terms hereof and would have been which Lender is required to cure upon succeeding to the interest of Landlord; or; (c) obligated to give Tenant a credit for and/or acknowledge any rent or other charges which Tenant has paid to Landlord or any prior landlord which is in excess of two months' rent and other charges preceding the effective date of the notice from Lender issued liable to Tenant regarding Xxxxxx's succeeding to the Landlord's interest for any security deposit under the Lease unless such payment is provided for in the Lease as presently existing or as amended in accordance with this Agreement. Additionally, in the event of Xxxxxx's succession to Landlord's interests in not actually transferred and to the Premises or under the Lease, or entry into possession of the Premises as provided in Section 5, Tenant shall be bound paid over to Lender, as Landlord, under all of the terms, covenants and conditions of the Lease, and Lender, as Landlord, shall, from and after Xxxxxx's succession to the interest of Landlord under the Lease or entry into possession of the Premises, as the case may be, have the same rights and remedies against Tenant for the breach of any provision contained in the Lease that Landlord might have had under the Lease against Tenant if Xxxxxx had not succeeded to the interests of Landlord in and to the Premises or under the Lease or entered into possession of the Premises, as the case may be.; or

Rights Under the Lease. If Lender shall: (i) succeed to the interests of Landlord in and to the Premises or under the Lease, or (ii) enter into possession of the Premises under circumstances described in Section 3838 of the Lease, Lender shall be bound to Tenant under all of the terms, covenants and conditions of the Lease, and Tenant shall, from and after Xxxxxx's succession to the interests of Landlord in and to the Premises or under the Lease or entry into possession of the Premises, as the case may be, have the same remedies against Xxxxxx as Landlord for the breach of any provision contained in the Lease that Xxxxxx Tenant might have had under the Lease against Landlord if Xxxxxx had not succeeded to the interests of Landlord in and to the Premises or under the Lease or entered into possession of the Premises, as the case may be; provided, however, that Lender shall not be: (a) liable for any acts or omissions of any prior landlord (including, but not limited to, Landlord) except that Lender shall be required to cure any continuing defaults, such as failure to maintain parking areas or make necessary repairs; (b) subject to any offsets, deductions or defenses which Tenant might have arising out of acts or omissions of any prior landlord (including, but not limited to, Landlord) except for the right to recapture from rent any reasonable amounts expended by Tenant to cure a default of Landlord for which Xxxxxx had received a copy of notice pursuant to the terms hereof and would have been required to cure upon succeeding to the interest of Landlord; or (c) obligated to give Tenant a credit for and/or acknowledge any rent or other charges which Tenant has paid to Landlord or any prior landlord which is in excess of two months' rent and other charges preceding the effective date of the notice from Lender issued to Tenant regarding Xxxxxx's succeeding to the Landlord's interest under the Lease unless such payment is provided for in the Lease as presently existing or as amended in accordance with this Agreement. Additionally, in the event of Xxxxxx's succession to Landlord's interests in and to the Premises or under the Lease, or entry into possession of the Premises as provided in Section 5, Tenant shall be bound to Lender, as Landlord, under all of the terms, covenants and conditions of the Lease, and Lender, as Landlord, shall, from and after Xxxxxx's succession to the interest of Landlord under the Lease or entry into possession of the Premises, as the case may be, have the same rights and remedies against Tenant for the breach of any provision contained in the Lease that Landlord might have had under the Lease against Tenant if Xxxxxx had not succeeded to the interests of Landlord in and to the Premises or under the Lease or entered into possession of the Premises, as the case may be.

Rights Under the Lease. If Lender shall: (ia) succeed succeeds to the interests of Landlord in and to the Premises or under the LeaseProperty, or (iib) enter enters into possession of the Premises under circumstances described in Section 38Property, Lender shall be bound to the Tenant under all of the terms, covenants covenants, and conditions of the Lease, and Tenant shall, from and after Xxxxxx's Lender’s succession to the interests of Landlord in and to the Premises or under the Lease Property or entry into possession of the PremisesProperty, as the case may be, have the same remedies against Xxxxxx Lender as Landlord landlord for the breach of any provision contained in the Lease that Xxxxxx Tenant might have had under the Lease against Landlord if Xxxxxx Lender had not succeeded to the interests of Landlord in and to the Premises or under the Lease Property or entered into possession of the PremisesProperty, as the case may be; providedprovided further, however, that Lender shall will not be: (ai) liable for any acts act, omission, default, misrepresentation, or omissions breach of warranty of any prior landlord (including, but not limited to, Landlord) except that ), unless such act, omission, or default is continuing and Tenant shall have delivered notice of such act, omission or default to Lender shall be required prior to cure the date of any continuing defaults, foreclosure of such as failure to maintain parking areas or make necessary repairsLien; (bii) subject to any offsetsoffset, deductions deduction, or defenses defense, claim, or counterclaim which Tenant might have arising out of acts or omissions of be entitled to assert against any prior landlord (including, but not limited to, Landlord) except for unless Tenant shall have provided Lender with (A) Notice of the right Landlord’s default that gave rise to recapture from rent any reasonable amounts expended by Tenant such offset or defense and (B) the opportunity to cure a default of Landlord for which Xxxxxx had received a copy of notice pursuant to the terms hereof and would have been required to cure upon succeeding to the interest of Landlord; orsame; (ciii) liable to Tenant for any deposit under the Lease not actually transferred and paid over to Lender; (iv) obligated to give Tenant a credit for and/or acknowledge any rent or other charges additional rent which Tenant has paid to Landlord or any prior landlord which is in excess of two months' the rent and other charges preceding the effective date of the notice from Lender issued to Tenant regarding Xxxxxx's succeeding to the Landlord's interest or additional rent due under the Lease unless such payment is (A) provided for in the Lease as presently existing or as amended in accordance with this Agreement or (B) a prepayment of rent not in excess of one month; (v) bound by any amendment or modification of the Lease made after the date of this Agreement without Lender’s approval; (vi) bound by any consent or acquiescence by any previous landlord (including but not limited to Landlord) under the Lease to any assignment or sublease granted after the date of this Agreement, without Lender’s approval, other than if pursuant to the provisions of the Lease; (vii) liable for or obligated to pay for repairs, replacements, damages, new construction or allowances not made, performed or paid by Landlord if such performance or payment was due prior to Lender’s actual ownership of the Property; (viii) liable for the payment of any leasing commissions, the triggering event for which arose or occurred prior to Lender’s actual ownership of the Property; or (ix) liable or bound by any right of first refusal or option to purchase all or any portion of the Property. Additionally, in the event of Xxxxxx's Lender’s (a) succession to Landlord's ’s interests in and to the Premises Property or under the Lease, or (b) entry into possession of the Premises as provided Property: (1) Lender shall have no obligation, nor incur any liability, beyond Lender’s then equity interest, if any, in Section 5the Property and Tenant shall look exclusively to such equity interest of Lender, if any, for the payment and discharge of any obligations imposed upon Lender hereunder or under the Lease or for recovery of any judgment from Lender, and in no event shall Lender or any of its respective officers, directors, shareholders, agents, representatives, servants, employees or partners, ever be personally liable for any such judgment or obligations; and (2) Tenant shall be bound to Lender, as Landlord, Lender under all of the terms, covenants covenants, and conditions of the Lease, and Lender, as Landlord, Lender shall, from and after Xxxxxx's Lender’s succession to the interest of Landlord under in the Lease Property or entry into possession of the PremisesProperty, as the case may be, have the same rights and remedies against Tenant for the breach of any provision contained in the Lease that Landlord might have had under the Lease against Tenant if Xxxxxx Lender had not succeeded to the interests of Landlord in and to the Premises or under the Lease Property or entered into possession of the PremisesProperty, as the case may be.