Common use of Step-in Rights/Step-out Clause in Contracts

Step-in Rights/Step-out. If necessary to protect the public health and safety, regardless of whether Lessor exercises its rights pursuant to Section 7.1 of this Lease, Lessor shall have the right, but not the obligation, and to the extent permitted by Applicable Legal Requirements, to take possession of the Premises and the Permitted Improvements and to operate the Permitted Improvements, until Lessee demonstrates to the reasonable satisfaction of Lessor that the events giving rise to the endangerment of the public health and safety have been cured, and that Lessee has taken all reasonably necessary steps to ensure that such events shall not re- occur. Lessor shall not be liable to Lessee for any damages, losses or claims sustained by or made against Lessee as a result of Lessor’s exercise of possession and operational control of the Permitted Improvements except to the extent such damages, losses or claims result from the negligence or willful misconduct of Lessor. Lessor’s performance of Lessee’s obligations in this Section 7.2 is subordinate to the right of any Leasehold Mortgagee to first cure such Lessee obligations, as provided in Section 15.4.x. Xxxxxx and Lessor’s representatives shall at all times comply with all reasonable safety and other operating procedures established by Lessee, and with all Applicable Legal Requirements.

Appears in 2 contracts

Samples: Site Lease Agreement – Rooftops, Site Lease Agreement Landfill

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Step-in Rights/Step-out. If necessary to protect the public health and safety, regardless of whether Lessor exercises its rights pursuant to Section 7.1 of this Lease, Lessor shall have the right, but not the obligation, and to the extent permitted by Applicable Legal Requirements, to take possession of the Premises and the Permitted Improvements and to operate the Permitted Improvements, until Lessee demonstrates to the reasonable satisfaction of Lessor that the events giving rise to the endangerment of the public health and safety have been cured, and that Lessee has taken all reasonably necessary steps to ensure that such events shall not re- occurreoccur. Lessor shall not be liable to Lessee for any damages, losses or claims sustained by or made against Lessee as a result of Lessor’s exercise of possession and operational control of the Permitted Improvements except to the extent such damages, losses or claims result from the negligence or willful misconduct of Lessor. Lessor’s performance of Lessee’s obligations in this Section 7.2 is subordinate to the right of any Leasehold Mortgagee to first cure such Lessee obligations, as provided in Section 15.4.x15.4(b). Xxxxxx Lessor and Lessor’s representatives shall at all times comply with all reasonable safety and other operating procedures established by Lessee, and with all Applicable Legal Requirements.

Appears in 1 contract

Samples: Site Lease Agreement

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Step-in Rights/Step-out. If necessary to protect the public health and safety, regardless of whether Lessor exercises its rights pursuant to Section 7.1 of this Lease, Lessor shall have the right, but not the obligation, and to the extent permitted by Applicable Legal Requirements, to take possession of the Premises and the Permitted Improvements and to operate the Permitted Improvements, until Lessee demonstrates to the reasonable satisfaction of Lessor that the events giving rise to the endangerment of the public health and safety have been cured, and that Lessee has taken all reasonably necessary steps to ensure that such events shall not re- re-occur. Lessor shall not be liable to Lessee for any damages, losses or claims sustained by or made against Lessee as a result of Lessor’s exercise of possession and operational control of the Permitted Improvements except to the extent such damages, losses or claims result from the negligence or willful misconduct of Lessor. Lessor’s performance of Lessee’s obligations in this Section 7.2 is subordinate to the right of any Leasehold Mortgagee to first cure such Lessee obligations, as provided in Section 15.4.x. Xxxxxx and Lessor’s representatives shall at all times comply with all reasonable safety and other operating procedures established by Lessee, and with all Applicable Legal Requirements.

Appears in 1 contract

Samples: Site Lease Agreement

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