Superiority of Lease. These Rules and Regulations are in addition to, and shall not be construed to in any way modify or amend, in whole or in part, the covenants, agreements or provisions of this Lease. If a conflict or disagreement between the Lease and these Rules becomes apparent, this Lease shall prevail.
Superiority of Lease. Except to the extent that it may be provided otherwise by written agreement between Tenant and a Mortgagee, this Lease shall be superior, and shall not be subordinated, to a Mortgage or to any other voluntary lien or encumbrance affecting the Land or Building or any part thereof and hereafter granted by Landlord. Any Mortgagee shall have the right, at its option, to subordinate its Mortgage to this Lease, in whole or in part, by recording a unilateral declaration to such effect.
Superiority of Lease. Option to Subordinate. Unless Landlord exercises the option set forth below in this Section 7.2, this Lease shall be superior to and shall not be subordinate to any mortgage on the Premises. Landlord shall have the option to subordinate this Lease to any mortgage of the Premises provided that the holder of record thereof enters into a subordination and non-disturbance agreement with Tenant, in form reasonably acceptable to Tenant (the "SNDA"), by the terms of which such holder will agree (a) to recognize the rights of Tenant under this Lease and not to disturb Tenant's possession of the Premises so long as Tenant is not in default of its obligations hereunder beyond applicable notice, grace and cure periods, (b) to cure any repair or maintenance default which shall be continuing upon acquisition of the Premises by such holder, (c) to perform Landlord's obligations hereunder arising on and after the date of such holder's acquisition of title and (d) to accept Tenant as tenant of the Premises under the terms and conditions of this Lease in the event of acquisition of title by such holder through foreclosure proceedings or otherwise, and Tenant will agree to recognize the holder of such mortgage as Landlord in such event, and which agreement shall be made expressly to bind and inure to the benefit of the successors and assigns of Tenant and of the holder and upon anyone purchasing said Premises at any foreclosure sale. Tenant and Landlord agree to execute and deliver any appropriate and mutually acceptable instruments necessary to carry out the agreements contained in this Section 7.2. Any such mortgage to which this Lease shall be subordinated may contain such terms, provisions and conditions as the holder deems usual or customary; subject to the provisions of the SNDA.
Superiority of Lease. These Rules and Regulations are in addition to, and shall not be construed to in any way modify or amend, in whole or in part, the covenants, agreements or provisions of this Lease. If a lconflict or disagreement between the Lease and these Rules becomes apparent, this Lease shall prevail.
Superiority of Lease. Except as provided in Subsection 7.2 below, this Lease shall be superior to and shall not be subordinated to any future mortgage, lien or other encumbrance on the Premises. The holder of any such future mortgage shall not be liable either as mortgagee or as assignee, to perform, or be liable in damages for failure to perform, any of the obligations of Landlord unless and until such holder shall enter and take possession of the Premises for the purpose of foreclosure. Provided Landlord notifies Tenant in writing of the name and address of its mortgagee(s), Xxxxxx agrees to provide such holder of a mortgage with copies of any default notice delivered to Landlord at the same time Xxxxxx delivers any such notice to Landlord.
Superiority of Lease. This Lease shall be superior to and shall not be subordinated to any mortgage or other voluntary lien or other encumbrance on the Premises. Until it shall enter and take possession of the Premises for the purpose of foreclosure, Lender shall have only such rights of Landlord as are necessary to preserve the integrity of this Lease as security. Upon entry and taking possession of the Premises for the purpose of foreclosure, Lender shall have all the rights of Landlord. Lender shall not be liable either as mortgagee or as assignee, to perform, or be liable in damages for failure to perform, any of the obligations of Landlord unless and until Lender shall enter and take possession of the Premises for the purpose of foreclosure. Upon entry for the purpose of foreclosure, Lender shall be liable to perform all of the obligations of Landlord arising after such entry and without limitation shall be subject to and bound by Tenant's rights to extend the Term or expand or purchase the Premises pursuant to Article XI, provided that a discontinuance of any foreclosure proceeding shall be deemed a conveyance under said provisions to the owner of the equity of the Premises. No Fixed Rent shall be paid more than (1) one month prior to the due date thereof and payments made in violation of this provision shall (except to the extent that such payments are actually received by Lender in possession or in the process of foreclosing its mortgage) be a nullity as against Lender and Tenant shall be liable for the amount of such payments to Lender.
Superiority of Lease. Except as provided in Section 21.7 hereof and to -------------------- the extent that it may be provided otherwise by written agreement between Tenant and a Mortgagee, this Lease shall be superior, and shall not be subordinated, to a Mortgage or to any other voluntary lien or encumbrance affecting the Land or Building or any part thereof, provided, however, that such Mortgage shall be superior, and shall not be subordinated, to this Lease with respect to the following:
(a) the prior right and claim under and the prior lien of said Mortgage in, to and upon any award or other compensation heretofore or hereafter to be made for any taking by eminent domain of any part of the Demised Premises, and as to the right of disposition thereof in accordance with the provisions of the said Mortgage; or
(b) the prior right and claim under the prior lien of the said Mortgage, in, to and upon any proceeds payable under all policies of fire and rent insurance upon the Demised Premises and as to the right of disposition thereof in accordance with the terms of said Mortgage; and
(c) any lien, right, power or interest, if any, which may have arisen or intervened in the period between the recording of the said Mortgage and the execution of this Lease.
Superiority of Lease. 41 ARTICLE X - MISCELLANEOUS PROVISIONS....................................... 42 10.1 Notices from One Party to the Other............................ 42 10.2 Quiet Employment............................................... 43 10.3 Lease not to be Recorded....................................... 43 10.4 Successors and Assigns......................................... 43 10.5 Acts of God.................................................... 43 10.6 Landlord's Default............................................. 44
Superiority of Lease. Option to Subordinate. At any time and from time to time, Landlord shall have the option to subordinate this Lease to any mortgage of the Premises provided that the holder of record thereof enters into a non-disturbance agreement with Tenant in such holder's customary form or, if specified by Landlord, in the form of Exhibit G hereto. Tenant agrees to execute and deliver any appropriate instruments necessary to carry out the agreements contained in this Section 19.02.
Superiority of Lease. The rights of the lessee under the Lease, with respect to the property so leased, shall be superior to the rights of the Licensee under this Agreement. The School District may engage in future lease transactions in which all or part of School District Properties are leased for the purpose of raising revenues for the School District. If subordination is required by the terms of the financing documents for such lease transactions, the rights of Licensee under this Agreement shall be subordinate to the rights of the lessees; provided however, if subordination results in termination of this Agreement with respect to a portion of the Athletic Fields, then, upon such termination, the School District shall compensate the Licensee for the portion of the Athletic Fields for which this Agreement is terminated in the manner specified in Section 8.4 above when there has been a sale of a portion of the Athletic Fields.
