Tenant Covenants. (a) From and after the date hereof, Tenant will not pay any rent under the Lease more than thirty (30) days in advance of its due date. (b) From and after the date hereof, so long as there shall be any assignment of Landlord's interest in the Lease to Lender, or any successor thereto, Tenant will not: consent to the modification of the Lease nor to the termination thereof without the prior written consent of the Lender or any successor holder of the Loan or the Mortgage which consent shall not be unreasonably withheld or delayed (either of them being called "Mortgagee"), nor seek to terminate the Lease by reason of any act or omission of Landlord until Tenant shall have given written notice of such act or omission to such Mortgagee's last address furnished Tenant) and until a reasonable period of time shall have elapsed following the giving of such notice, during which period the Mortgagee shall have the right, but not the obligation, to remedy such act or omission. (c) Upon written notice of the default by Landlord under any of the loan documents held by Mortgagee and assignment of the Landlord's interest under the Lease by Landlord to Mortgagee, Tenant, if Mortgagee so requests, will recognize such Mortgagee as the Landlord under the Lease and will thereafter pay rent and other sums to Mortgagee (or to the party designated by the Mortgagee in writing) in accordance with the terms of the Lease, and, in such event, such Mortgagee will not be liable for any act or omission of any prior lessor, liable for return of the security deposit unless same was actually delivered to Mortgagee, bound by any amendment to or assignment of the Lease made without its consent, bound by any rent paid more than thirty (30) days in advance, or be subject to any set-off or defense Tenant might have had against any prior lessor.
Appears in 8 contracts
Samples: Agreement for Contribution of Interests (Capital Automotive Reit), Lease Agreement (Capital Automotive Reit), Lease Agreement (Cross Continent Auto Retailers Inc M&l)
Tenant Covenants. (a) From and after the date hereofA. Other than specifically provided for hereinabove, Tenant will shall not pay erect or install any rent under the Lease more than thirty (30) days in advance of its due date.
(b) From and after the date hereofother exterior signs or interior window or door signs, so long as there shall be any assignment of advertising media, or window or door lettering or placards without Landlord's interest in the Lease to Lenderprior written consent. Tenant shall not install any exterior lighting, shades, or awnings or make any successor theretoexterior decoration or painting, Tenant will not: consent to the modification of the Lease nor to the termination thereof without the Landlord's prior written consent of the Lender or any successor holder of the Loan or the Mortgage consent, which consent shall not be unreasonably withheld or delayed delayed. Use of roof is reserved to Landlord.
B. Tenant will not commit any act which will cause a mechanic's lien to be filed against the Leased Premises or against the Building. After the initial construction of the Tenant's Improvements, the Tenant shall not make any repairs, remodeling, decorating, alterations or additions to the Leased Premises (either hereinafter referred to as TENANT ALTERATIONS) without first procuring Landlord's written consent (which shall not be unreasonably withheld or delayed). The Tenant shall deliver to Landlord plans and specifications of them being called "Mortgagee")the Tenant Alterations and copies of the proposed contracts and necessary permits before the Landlord will consider approval or disapproval. In the event the Landlord approves the proposed Tenant Improvements, nor seek the Tenant shall then furnish indemnification against liens, costs, damages, and expenses as may be reasonably required by Landlord. At the termination of this Lease, all Tenant Alterations, which in any manner are attached to terminate the Lease floors, walls, or ceilings, shall remain upon and be surrendered with the Leased Premises as part thereof, furthermore any floor covering which may be cemented or otherwise affixed to the floor shall likewise become the property of Landlord, all without compensation or credit to Tenant. Provided the Tenant notifies the Landlord, in writing, at the time of the installation or construction of the Tenant Alterations, that it intends to remove same at the end of the Term, it may do so provided it restores the Leased Premises to its condition as existed prior to the installation or construction of the Tenant Alterations, and further, such removal shall not cause material damage to the Leased Premises.
C. Tenant agrees to indemnify and save Landlord harmless against any and all claims, demands, damages, costs, and expenses, arising from the conduct or management of the business conducted by Tenant in the Leased Premises, or from the construction of Tenant Alterations to the Leased Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or from any act or negligence of Tenant, its agents, contractors, servants, employees, subleasees, concessionaires, or licensees, in or about the Leased Premises and the Building. In case of any action or proceeding brought against Landlord by reason of any such claim, upon Notice from Landlord, Tenant covenants to defend such action and the Landlord's interest by competent counsel (competent in the Landlord's reasonable judgement only). To the extent not expressly prohibited by law. Tenant releases Landlord, its agents, servants, and employees from, and waives all claims to damages to person or property, sustained by the Tenant or by any other occupant of the Leased Premises, the Building, or by any other person, resulting directly or indirectly from fire or other casualty, because of existing or future conditions, defects, matters, or things in the Leased Premises or any part thereof; or from any equipment or appurtenances therein or from any accident in or about the Building, EXCEPT in the event the damages are caused by the negligence or wrongful intentional acts of the Landlord or its employees, agents, or servants. All personal property belonging to the Tenant or any occupant of the Leased Premises shall be there at the risk of the Tenant or other person only, and the Landlord shall not be liable for damages thereto or theft or misappropriation thereof.
D. Tenant shall not carry any stock of goods or do anything in or about the Leased Premises which will in any way tend to increase insurance rates on said Leased Premises or the Building in which the same are located. If Landlord shall consent to such use, Tenant agrees to pay any reasonable increase in premiums for insurance against loss by fire or extended coverage risks resulting from the business carried on in the Leased Premises by Tenant. After the Tenant Improvements have been constructed and completed and the Tenant thereafter installs any additional electrical equipment that overloads the power lines to the Building. Tenant shall at its own expense make whatever changes are necessary to comply with the requirements of insurance underwriters and insurance rating bureaus and governmental authorities having jurisdiction.
E. Tenant agrees to procure and maintain a policy or policies of insurance at its own cost and expense, insuring Landlord and Tenant from all claims, demands, or actions for injury to or death arising out of any one accident to the limit of $5,000,000, and for damage to property in an amount of not less than $1,000,000, made by or on behalf of any person or persons, firm or corporation arising from, related to, or connected with the conduct and operation of the Leased Premises in the Building. All said policies shall name the Landlord as an additional insured party. Said insurance shall not be subject to cancellation except after at least ten (10) days prior written Notice to Landlord. A duly executed certificate for the same shall be deposited with Landlord on or before the Commencement Date and within thirty (30) days after the expiration of the term of such coverage upon renewal of same. If tenant fails to comply with such requirement, Landlord may obtain such insurance and keep same in effect, and Tenant shall pay the Landlord the premium cost thereof, plus ten percent (10%), within thirty (30) days after billing of same by the Landlord, said sum to be considered as Additional Rent; and/or Landlord may elect to regard such non compliance as an Event of Default (as defined hereinafter).
F. Tenant represents, warrants, and covenants to Landlord that Tenant shall at no time (a) use or permit the use of the Leased Premises, the Building and/or the Site for the generation, manufacture, production, storage, release, discharge, or disposal of Hazardous Materials (as hereinafter defined) except in accordance with Environmental Regulations (as hereinafter defined); or (b) to transport Hazardous Materials to or from the Leased Premises, except in accordance with Environmental Regulations; or (c) perform any act or omission action whatsoever which violates any Environmental Regulations; and/or (d) allow or permit any other person or entity to do any of Landlord until Tenant shall have given written notice the above:
(a) The term HAZARDOUS MATERIALS is defined as and includes, without limitation, any flammable explosives, radioactive materials, asbestos and asbestos containing materials, hazardous wastes, hazardous or toxic substances, or related materials defined in the Comprehensive Environmental Response, Compensation and Liability Act of such act 1980, as amended (42 U.S.C. Sections 9601, et seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. Sections 1801, et seq.), the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Sections 6901, et seq.), and in the regulations adopted and publications promulgated pursuant thereto, or omission any other federal, state, or local environmental laws, ordinances, rules, or regulations dealing with hazardous materials.
(b) The term ENVIRONMENTAL REGULATIONS is defined as all federal, state, and local laws, including all zoning laws or ordinances, and all regulations, codes, requirements, public and private land use restrictions, rules and orders which relate to such Mortgagee's last address furnished Tenant) or govern Hazardous Materials, and/or the environmental conditions in, on, under, or about the Leased Premises, the Building or the Site, in force at the time of the execution of the Lease and until a reasonable period of at any time shall have elapsed following during the giving of such notice, during which period the Mortgagee shall have the right, but not the obligation, to remedy such act or omissionTerm.
(c) Upon written notice Tenant shall assume sole and full responsibility for, and shall remedy at its sole cost and expense, all such violations of any Environmental Regulations caused by it or by introducing Hazardous Materials into the default by Landlord under Leased Premises or the Building or Site, or on any of adjacent property. Tenant shall at no time use, generate, release, store, treat, dispose of, or otherwise deposit in or about the loan documents held by Mortgagee and assignment of the Leased Premises any Hazardous Materials except in accordance with Environmental Regulations; or permit or allow any third party to do so, without Landlord's interest under the Lease by Landlord to Mortgageeexpress, prior, written consent. Tenant, if Mortgagee so requests, will recognize such Mortgagee as the Landlord under the Lease and will thereafter pay rent and other sums to Mortgagee (or to the party designated by the Mortgagee in writing) in accordance 's compliance with the terms of the Article and with all Environmental Regulations shall be at Tenant's sole cost and expense.
(d) Tenant shall provide Landlord with written notification, immediately upon the discovery or notice or upon having reasonable grounds to suspect, by Tenant, its successors, assigns, licensees, invitees, employees, and/or agents, that any provision of this Article has not been strictly complied with; and including, but not by exclusion of other circumstances requiring notice, Tenant shall give prompt written Notice to Landlord of (a) any proceeding or inquiry by any governmental authority with respect to the Leased Premises, the Building or the Site of any Hazardous Substance on the Leased Premises, the Building or the Site or the migration thereof from or to other property; (b) all claims made or threatened by any third party against Tenant, Landlord, or the Leased Premises relating to any loss or injury resulting from any Hazardous Substance; and (c) Tenant's discovery of any occurrence or condition on any property adjoining or in the vicinity of the Leased Premises, the Building or the Site that threatens to cause the Leased Premises, the Building or the Site or any part thereof to be subject to or in violation of any Environmental Regulations.
(e) It shall be an Event of Default (as defined herein) under this Lease, andentitling Landlord to exercise any of its rights and remedies under this Lease, in such event, such Mortgagee will if any provision of this Article is not strictly complied with at all times. Landlord's election to conduct inspections of the Leased Premises shall not be liable construed as approval of Tenant's use of the Leased Premises or any activities conducted thereon, and shall in no way constitute an assumption by Landlord of any responsibility whatsoever regarding Tenant's use of any Hazardous Materials.
(f) In the event the Tenant violates its representations, covenants, warranties, and obligations set forth in this Article, the Tenant shall defend, indemnify, and hold harmless Landlord, the Landlord's mortgagee(s), and the Landlord's Beneficiaries, employees, and agents from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs or expenses of whatever kind or nature, known or unknown, contingent or otherwise, arising out of or in any way related to the acts and omissions of Tenant, Tenant's officers, directors, employees, agents, contractors, subcontractors, subtenants and invitees with respect to (a) the generation, manufacture, operations involving, transport, treatment, storage, handling, production, processing, disposal, release or threatened release of any Hazardous Materials in violation of Environmental Regulations, which are on, from, or affecting the Leased Premises, the Building or the Site, (b) any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Materials; (c) any lawsuit brought or threatened, settlement reached, or governmental order relating to such Hazardous Materials or violation of Environmental Regulations; and (d) any violations of laws, orders, regulations, requirements, or demands of government authorities, or any reasonable policies or requirements of Landlord, which are based upon or in any way related to such Hazardous Materials or violations of Environmental Regulations, including, without limitation, reasonable attorneys and consultant fees, investigation and laboratory fees, court costs, and litigation expenses. This indemnification shall survive the termination, cancellation, and surrender of this Lease however effectuated.
(g) In the event this Lease is terminated, cancelled, or surrendered for any act or omission reason whatsoever, Tenant shall deliver the Leased Premises to Landlord free of any prior lessor, liable for return and all Hazardous Materials so that the condition of the security deposit unless same was actually delivered Leased Premises shall conform with all Environmental Regulations affecting the Leased Premises, subject to Mortgageeany conditions existing prior to the Commencement Date.
(h) In the event that as a result of the Tenant use of the Leased Premises, bound any investigation, site monitoring, containment, cleanup, removal, restoration, or other remedial work of any kind or nature, hereinafter referred to as the REMEDIAL WORK, is required under Environmental Regulations and/or any applicable local, state or federal law or regulation, or any judicial order, or by any amendment to governmental entity because of, or assignment in connection with, the current or future presence, release of a Hazardous Substance in or into the Lease made without its consentair, bound by soil, ground water, surface water, or soil vapor at, on, about, under, or within the Leased Premises (or any rent paid more than portion thereof), the Building and/or the Site, Tenant shall within thirty (30) days after written demand for performance thereof by Landlord (or such shorter period of time as may be required under any Environmental Regulations or any applicable law, regulation, order or agreement), commence and thereafter diligently prosecute to completion, all such Remedial Work. All Remedial Work shall be performed by qualified contractors. All costs and expenses of such Remedial Work shall be paid by Tenant, including, without limitation, Landlord's reasonable attorneys' fees and costs incurred in advanceconnection with monitoring or review of such Remedial Work. In the event Tenant shall fail to timely prosecute to completion such Remedial Work, Landlord may, but shall not be required to, cause such Remedial Work to be performed and all costs and expenses thereof, or incurred in connection therewith, shall become due from the Tenant within ten (10) days after Notice thereof, and shall be subject considered as Additional Rent.
G. The Tenant agrees it will not make any structural changes to the Leased Premises without the written approval of the Landlord, which shall not be unreasonably withheld or delayed.
H. The Tenant agrees it will not place fixtures, equipment, or material of any set-off kind in the Leased Premises, the weight of which may exceed the floor load capacity as specified in the Tenant Plans.
I. Tenant shall at no time permit any asbestos containing material to be used on, under, or defense Tenant might have had against any prior lessorabout the Leased Premises.
Appears in 3 contracts
Samples: Lease Agreement (Allscripts Inc /Il), Lease Agreement (Allscripts Inc /Il), Lease Agreement (Allscripts Inc /Il)
Tenant Covenants. Tenant shall:
(a) From pay the Rent, including Base Rent, Additional Rent, and after all other sums due under this Lease without notice or demand (except as expressly otherwise provided herein) on the date hereofdays and times and at the places that the same are payable and without abatement, Tenant will not pay any rent under the Lease more than thirty (30) days in advance of its due date.deduction or set-off, except as otherwise expressly provided herein:
(b) From keep the Leased Premises in good order and repair, reasonable wear and tear and damage by any casualty not occurring through act of Tenant or Tenant’s agents, employees, or invitees excepted. Within twenty (20) days after demand, supported by invoices for materials and/or from service providers, pay Landlord as Additional Rent the date hereofcost of repair or restoration of the Leased Premises, so long as there shall be the Building or any assignment part thereof together with interest at the rate set forth in Section 5.9 of Landlord's interest this Lease, if damaged in whole or in part by the act of Tenant or Tenant’s agents, employees or invitees;
(c) peaceably deliver up and surrender possession of the Leased Premises at the expiration or sooner termination of this Lease, in the Lease same condition in which Tenant has agreed to Lenderkeep the same during the continuance of this Lease, broom clean, and at such time, without demand or delay, deliver to Landlord or its agent all keys, access cards and security codes for the Leased Premises;
(d) at Tenant’s expense, comply with all laws and ordinances, and all rules, orders and regulations of all governmental authorities and of all insurance bodies, at any time duly issued or in force, applicable to the Leased Premises or any successor thereto, Tenant will not: consent part thereof relating to conditions caused or created by the modification of the Lease nor to the termination thereof without the prior written consent of the Lender or any successor holder of the Loan or the Mortgage which consent shall not be unreasonably withheld or delayed (either of them being called "Mortgagee"), nor seek to terminate the Lease by reason of any act or omission of Landlord until Tenant shall have given written notice Tenant, its agents, servants, employees, contractors and invitees, or to Tenant’s specific use or manner of such act use thereof, and promptly correct any violation of, and comply with, all laws, ordinances, notices, permits, or omission statements of occupancy, requirements, orders, regulations and recommendations, now or hereafter in effect and of whatever nature of any and all the Federal, State, County, Municipal and/or other authorities and of the Board of Fire Underwriters and any insurance organizations or associations, and/or companies, with respect to such Mortgagee's last address furnished Tenant) and until a reasonable period ’s conduct or use of time shall have elapsed following the giving of such notice, during which period the Mortgagee shall have the right, but not the obligation, to remedy such act or omission.Leased Premises;
(ce) Upon written notice of the default pay to Landlord, as Additional Rent, any and all increases in premiums on insurance now or hereafter carried by Landlord under on the Leased Premises, Land or Building, which increases are caused in any way by the occupancy of Tenant, or by Tenant’s breach of any of the loan documents held by Mortgagee and assignment provisions of this Lease;
(f) use every reasonable precaution against fire or other casualty;
(g) give to Landlord prompt written notice (which in no event shall exceed forty-eight (48) hours from the Landlord's interest under the Lease by Landlord to Mortgageetime of such accident or occurrence) of any accident, Tenantfire, if Mortgagee so requests, will recognize such Mortgagee as the Landlord under the Lease and will thereafter pay rent and other sums to Mortgagee (casualty or damage occurring on or to the party designated by Leased Premises, and of any defects in the Mortgagee apparatus in writingthe Leased Premises; and
(h) cause all occupants of the Leased Premises to conduct themselves in accordance compliance with the terms rules and regulations referred to in Article 19 of the this Lease, and, and otherwise in such event, such Mortgagee will a manner which does not be liable for any act constitute a nuisance or omission affect the use and enjoyment of any prior lessor, liable for return of other tenants in the security deposit unless same was actually delivered to Mortgagee, bound by any amendment to or assignment of the Lease made without its consent, bound by any rent paid more than thirty (30) days in advance, or be subject to any set-off or defense Tenant might have had against any prior lessorBuilding.
Appears in 2 contracts
Samples: Lease Agreement (Vitamin Shoppe, Inc.), Lease Agreement (Vitamin Shoppe, Inc.)
Tenant Covenants. (a) The Tenant agrees with the Landlord:
3.1 From the Start Date to pay the Rent monthly on the last working day of the month such rent to be paid 30 days in arrears SUBJECT TO the right of the Tenant to set off against the Rent and after other monies due hereunder if any in relation to the date hereofProperty and/or against any rents or other monies or charges falling to be paid to the Landlord by the Tenant in relation to any other property let by the Landlord to the Tenant all sums paid and costs incurred by it in effecting any repair, rectification of defects and/or maintenance works to or at the Property that the Landlord should do or have done but has failed to do or effect or otherwise as specified in the Notice of Set Off and similarly to offset costs incurred by the Tenant in replacing any fixtures fittings and equipment that the Landlord has failed to replace in accordance with its covenants hereunder or any other sums which the Tenant shall have the right to offset hereunder.
3.2 With effect from the Execution Date to pay or otherwise indemnify the Landlord against the water rates payable in respect of the Property and all charges for the supply of gas and electric current to the Property during the Term. For the avoidance of doubt the Tenant will not pay or otherwise indemnify the Landlord against any rent reconnection charges for the disconnection of the supply of gas and electrical current to the Property, incurred through misuse or the non-payment of bills by tenants who have occupied the Property prior to the Execution Date, nor will it pay or otherwise indemnify the Landlord against outstanding debts for water rates gas and/or electrical supply that have been built up by the Landlord and/or tenants who have occupied the Property prior to the Execution Date on the basis that all such payments shall be made by the Landlord and the Landlord shall indemnify the Tenant against any consequence of non payment by the Landlord.
3.3 With effect from the Execution Date to pay or otherwise indemnify the Landlord against any Council Tax payable in respect of the Property. For the avoidance of doubt the Tenant will not pay or otherwise indemnify the Landlord against any Council Tax charges incurred through the non-payment of bills by tenants who have occupied the Property prior to the Execution Date, nor will it pay or otherwise indemnify the Landlord against outstanding debts for Council Tax that have been built up by the Landlord and/or tenants who have occupied the Property prior to the Execution Date on the basis that all such payments shall be made by the Landlord and the Landlord shall indemnify the Tenant against any consequence of non payment by the Landlord.
3.4 To give written notice (save in case of emergency or urgent need in which case the Tenant shall be deemed to have the Landlord's authority to effect necessary repairs itself subject to the Tenant's right of set off) to the Landlord of any items to the Property whether structural or otherwise which require replacing by the Landlord and of any items of repair, maintenance defect or rectification to the Property whether structural or otherwise required to be undertaken by the Landlord in accordance with its covenants hereunder such notice to require the Landlord to attend and perform such repairs as soon as reasonably practicable but in any case, within the response times set out in Schedule Four hereof.
3.5 Should the Landlord fail to perform the said works within the notice period in accordance with its covenants hereunder the Tenant may undertake such works and any costs incurred by the Tenant will be a debt due from the Landlord payable on demand save that the Tenant may elect, following completion of the works, to serve the Landlord with a Notice of Set Off of the costs of such works together with a copy of the VAT invoice for the works and deduct the amount due from any sums payable to the Landlord at any stage. For the avoidance of doubt, any sums not set off will still be a debt due from the Landlord payable on demand.
3.6 The Tenant undertakes to the Landlord that any works that it undertakes pursuant to clauses 3.4 and 3.5 hereof shall be completed to a proper workmanlike standard and using good quality materials and that any of the Landlord’s furniture, fixtures, fittings and equipment replaced by the Tenant shall be of at least the same quality as those items so replaced.
3.7 Subject to clause 4.35, to permit the Landlord and the superior landlord (if any) their respective Agents with or without workmen and others on at least five Working Days’ written notice being given to the Tenant and at all reasonable times first agreed with the Tenant (and at any time in the case of emergency) during the Term to enter the Property for the purpose of repairing or painting the outside thereof or for carrying out or completing any structural or other necessary or proper repairs to the Property or the building (if any) of which it forms part and to carry out works for which the Landlord is responsible under the Lease more than thirty (30) days in advance terms hereof and to examine the state and condition of its due datethe interior thereof and of all wants of repair cleansing amendment and restoration to the interior of the Property.
(b) From and after the date hereof, so long as there shall be any assignment of Landlord's interest in the Lease to Lender, or any successor thereto, Tenant will not: consent 3.8 In addition to the modification works of repair and maintenance which the Tenant may elect to carry out at its absolute discretion in accordance with clause 3.5 the Tenant shall keep the Interior of the Lease nor Property in habitable condition and decorative order (fair wear and tear excepted) and subject to the termination thereof provisions of clause 4.30.2 the garden in a tidy condition.
3.9 Not to assign or charge any part less than the whole of the Property.
3.10 Not to assign the whole of this Lease without obtaining the prior previous written consent of the Lender or any successor holder of the Loan or the Mortgage which Landlord (such consent shall not to be unreasonably withheld or delayed (either delayed) except for assignment to a party replacing the Tenant under the Agreement or entering into an agreement on the same terms with the Authority on the basis that such assignment can take place without the prior consent of them being called "Mortgagee"), nor seek the Landlord..
3.11 Not to terminate carry on or permit to be carried on in the Lease by reason Property any business whatsoever but to use the same as a residence only for the occupation of Occupants.
3.12 Not to use or knowingly permit the use of the Property for any immoral or illegal purpose or do or suffer to be done in or on the Property any act or omission of thing which may be a legal nuisance to the Landlord until Tenant shall have given written notice of such act or omission to such Mortgagee's last address furnished Tenantthe superior landlord (if any) and until a reasonable period of time shall have elapsed following or the giving of such notice, during which period the Mortgagee shall have the right, but not the obligation, to remedy such act tenants or omission.
(c) Upon written notice occupiers of the default by Landlord under remainder of the building (if any) of which the Property forms part or to the occupiers of any of the loan documents held by Mortgagee and assignment adjoining premises.
3.13 Not to permit to be kept at the Property any animal bird or reptile.
3.14 Not to knowingly do or permit to be done anything in or on the Property which might vitiate any insurance of the Landlord's interest under Property or of the Lease by Landlord building (if any) of which it forms part against fire or otherwise or increase the premium payable thereon.
3.15 Not to Mortgagee, Tenant, deposit any store of coal or fuel or keep any combustible or offensive goods provisions or materials in the Property or building (if Mortgagee so requests, will recognize such Mortgagee as any) of which it forms part.
3.16 Not to permit any waste spoil or destruction to the Landlord under the Lease and will thereafter pay rent and other sums to Mortgagee (Property or to the party designated by building (if any) of which it forms part.
3.17 Not to carry out any structural alterations to the Mortgagee Property without the previous consent in writing) in accordance with the terms writing of the Lease, and, Landlord (such consent not to be unreasonably withheld or delayed).
3.18 Not to do or knowingly permit to be done anything in such event, such Mortgagee will not be liable for any act or omission of any prior lessor, liable for return on the Property which might constitute a breach of the security deposit unless same was actually delivered to Mortgagee, bound by any amendment to or assignment covenants on the part of the Lease made without lessee in any lease under which the Landlord holds the Property provided that a copy of such lease and any ancillary documents were first provided to the Tenant prior to the Execution Date.
3.19 The Tenant shall use its consent, bound by any rent paid more than thirty (30) days in advance, reasonable endeavours to procure that the Occupants of the Property shall not cause wilful or be subject harmful destruction to any set-off or defense Tenant might have had against any prior lessorthe Property.
Appears in 1 contract
Samples: Lease Agreement
Tenant Covenants. Tenant further covenants and agrees as follows:
(a) From Except as set forth in Section 6(b) below, to maintain the Premises including, without limitation, the doors and after windows thereof in good repair, condition and order in accordance with good maintenance practices; and to yield peaceable possession to Landlord of the date hereof, Premises at termination or expiration of this Lease Agreement free of all tenants and occupants in as good repair and condition as at occupancy by Tenant will not pay any rent under the Lease more than thirty (30) days in advance of its due dateor may be put thereafter except for ordinary wear and tear.
(b) From To comply fully with any applicable statutes, ordinances, and after lawful regulations, rules or orders which are now or hereafter in effect pertaining to the date hereofPremises, so long as there shall be including, without limitation, the Americans with Disabilities Act, and to the activities conducted thereon, to comply with all applicable rules or conditions reasonably imposed with respect to the Premises by any assignment insurance carrier, and to prevent the existence of Landlord's interest any nuisance, or the violation of any statute, ordinance or valid rule, order or regulation with respect thereto and to save Landlord harmless from any failure to do so.
(c) To keep the Premises and improvements thereto and property of Tenant therein insured to the extent of replacement value, against loss or damage by fire, windstorm, hail, explosion and the other risks included in Causes of Loss - Special Form property insurance policies from time to time, subject, however to a "deductible" clause in the Lease to Lendermaximum amount of $50,000 or such other amount as Tenant shall reasonably request and Landlord shall approve, or any successor thereto, Tenant will not: consent to the modification of the Lease nor to the termination thereof without the prior written consent of the Lender or any successor holder of the Loan or the Mortgage which consent approval shall not be unreasonably withheld or delayed delayed; all of such policies shall name as insured Landlord, any first mortgagee to the Premises and Tenant, as their respective interests may appear and shall provide that they may not be cancelled without at least fifteen (either 15) days' prior written notice to Landlord. Tenant agrees to furnish Landlord with a certificate by the insurer as to the existence thereof, together with a copy of them being such policy. Tenant may procure such insurance under a so-called "Mortgagee")blanket policy insuring other locations of the Tenant, nor seek provided however, that such policy shall provide on its face that such portion of the face amount as is required by this Lease Agreement is payable with respect to terminate covered loss relating to the Lease Premises and is not affected by losses on other premises.
(d) To the fullest extent permitted by law, to indemnify Landlord fully against and to save Landlord harmless from loss, liability, costs, expense, attorney's fees and court costs, arising directly or indirectly from any claim or lawsuit by any person, firm, corporation, association or governmental agency or authority whomsoever, including (but not limited to) Tenant's officers, agents, contractors, employees or invitees, for damages asserted or sustained to person or property by reason of any act activity conducted by Tenant upon the Premises, or omission of any breach by Tenant, its officers, agents, employees, or invitees of the terms, provisions and conditions of this Lease Agreement, or occurring upon the Premises, regardless of the merit or lack of merit of any such claim or lawsuit, of the fault or lack of fault on the part of Landlord until Tenant shall have given written notice and regardless of such act or omission to such Mortgagee's last address furnished Tenant) the amount of insurance carried; and until a reasonable period of time shall have elapsed following the giving of such notice, during which period the Mortgagee shall have the right, but not the obligationfurther, to remedy procure and keep in force, at Tenant's sole expense, public liability insurance written on an occurrence basis covering the Premises, with combined single limits of at least $5,000,000.00 per occurrence, and $5,000,000.00 annual aggregate, and of $l,250,000.00 for property damage naming Landlord and any mortgagee of the Premises as additional insureds, provided that if greater coverage limits are normally carried under similar circumstances, Tenant agrees to increase such act or omissioncoverage limits appropriately.
(e) To use its best efforts to prevent the filing or imposition of any lien of any kind whatsoever upon or against the Premises based upon or arising out of Tenant's actions, except by Landlord or with Landlord's prior written consent and in the event of the filing or imposition of any such lien, to discharge same or to obtain a surety bond sufficient to discharge same within 30 days following the date of any such filing or imposition.
(f) To permit Landlord to enter the Premises during normal business hours, subject to Tenant's reasonable security and confidentiality requirements, where such entry will not unreasonably disturb or interfere with Tenant's use of the Premises and the operation of Tenant's business, and at any time in case of emergency, to examine, inspect, or make repairs, replacements, changes or alterations as set out in this Lease Agreement, and to take such steps as Landlord may reasonably deem necessary for the safety, improvement or preservation of the Premises. Landlord shall give reasonable notice to Tenant prior to any such entry, except in the case of an emergency, but no such entry shall constitute an eviction or entitle Tenant to any abatement of Rental.
(g) In the event that Tenant shall fail to perform any act required by the foregoing covenants and such failure shall continue for a period of 30 days after notice thereof from Landlord, Landlord may (but shall not be obligated to do so) perform such act without waiving or releasing Tenant from any of its obligations with respect thereto. Landlord shall be entitled to recover from Tenant all sums paid or costs incurred in performing such acts on demand.
(h) To perform all maintenance, repairs and replacements necessary to keep in good condition and working order
(a) the heating, ventilating, air conditioning, plumbing, security, electrical, life safety and all other mechanical systems and equipment serving the Premises, (b) the trees, shrubs, plants, landscaping, on or otherwise serving the Premises , and (c) Upon written notice the parking lot, driveways and walkways on the Premises.
(i) To perform all clearance and removal of snow and ice from the parking areas, driveways and walkways of the default by Landlord under any Premises for safe use of the loan documents held by Mortgagee such parking areas and assignment of the Landlord's interest under the Lease by Landlord to Mortgagee, Tenant, if Mortgagee so requests, will recognize such Mortgagee as the Landlord under the Lease and will thereafter pay rent and other sums to Mortgagee (or safe access to the party designated Premises by the Mortgagee in writing) in accordance with the terms of the LeaseTenant and its employees, andagents, in such event, such Mortgagee will not be liable for any act or omission of any prior lessor, liable for return of the security deposit unless same was actually delivered to Mortgagee, bound by any amendment to or assignment of the Lease made without its consent, bound by any rent paid more than thirty (30) days in advance, or be subject to any set-off or defense Tenant might have had against any prior lessorcontractors and invitees.
Appears in 1 contract
Samples: Lease Agreement (Spire Corp)
Tenant Covenants. In addition to other covenants and obligations of ---------------- Tenant contained herein:
(a) From and after the date hereof, Tenant will not pay any rent under the Lease more than thirty (30) days in advance of its due date.
(b) From and after the date hereof, so long as there shall be any assignment of Landlord's interest in the Lease to Lender, or any successor thereto, Tenant will not: consent to the modification of the Lease nor to the termination thereof without the prior written consent of the Lender or any successor holder of the Loan or the Mortgage which consent shall not be unreasonably withheld or delayed (either of them being called "Mortgagee"), nor seek to terminate the Lease by reason of any act or omission of Landlord until Tenant shall have given written notice of such act or omission to such MortgageeLender's last address furnished Tenant) , and until a reasonable period of time shall have elapsed following the giving of such noticenotice (not to exceed thirty (30) days, during which period the Mortgagee Lender shall have the right, but not the obligation, to remedy such act or omission.
(c) Upon written notice of the default by Landlord under any of the loan documents held by Mortgagee Lender and assignment of the Landlord's interest under the Lease by Landlord to MortgageeLender, Tenant, if Mortgagee Lender so requests, will recognize such Mortgagee Lender as the Landlord under the Lease and will thereafter pay rent and other sums to Mortgagee Lender (or to the party designated by the Mortgagee Lender in writing) in accordance with the terms of the Lease, and, in such event, such Mortgagee Lender will not be liable for any act or omission of any prior lessor, liable for return of the security deposit unless same was actually delivered to Mortgagee, bound by any amendment to or assignment of the Lease made without its consentLender, bound by any rent paid more than thirty (30) days in advance, or be subject to any set-off or defense Tenant might have had against any prior lessor.
Appears in 1 contract
Tenant Covenants. 25.1 Tenant agrees that during the term of this Lease and any extension thereof: no nuisance will be permitted on or about the Premises; nothing will be done upon or about the Premises which shall be unlawful, improper, noisy or offensive or contrary to any law, ordinance, regulation or requirement of any public authority or insurance inspection or rating bureau or similar organization having jurisdiction, or which may be injurious to or adversely affect the quality or tone of the Entire Premises, any part thereof or any abutting or adjacent property of the Landlord; the Premises will not be overloaded, damaged or defaced; Tenant will not drill or make holes in the stone or brickwork; Tenant will not permit the emission of any objectionable noise or odor from the Premises; Tenant will procure all licenses and permits which may be required for any use made of the Premises, except for the certificate of occupancy for office use which shall be procured by Landlord, if such certificate is required; no load shall be placed upon any part of the floor of the Premises exceeding fifty (a50) From pounds per square foot live load; no safe, vault or other heavy equipment shall be moved in, about or out of the Premises except in such manner and at such times as Landlord shall approve in writing in each instance; Tenant's business machines and mechanical equipment which cause vibration or noise that may be transmitted to the Building structure or to any other space in the Building shall be placed and maintained by Tenant in settings of cork, rubber, spring or other types of vibration eliminators sufficient to confine such vibration or noise to the Premises; and all waste and refuse will be stored upon and removed from the Premises in accordance with all applicable governmental codes and regulations. Tenant shall comply with all reasonable rules and regulations, provided such do not conflict with the terms and conditions of this Lease, hereafter made by Landlord, but only after copies thereof have been delivered to Tenant for the date hereofcare and use of the Building and the Entire Premises and their facilities and approaches, it being expressly understood, however, that Landlord shall not be liable to Tenant for the failure of other tenants of the Building to conform to such rules and regulations. Tenant will not do, or suffer to be done, or keep, or suffer to be kept, or omit to do anything in, upon or about the Premises which may prevent the obtaining of any insurance on the Entire Premises or on any property therein, including, but without limitation, fire, extended coverage and public liability insurance, or which may make void or voidable any such insurance, or which may create any extra premiums for, or increase the rate of, any such insurance. If anything shall be done or kept or permitted to be done in, upon or about the Premises which shall create any extra premiums for, or increase the rate of, any such insurance, Tenant will not pay any rent under the Lease more than thirty (30) days in advance of its due date.
(b) From and after the date hereof, so long as there shall be any assignment of Landlord's interest in the Lease to Lender, or any successor thereto, Tenant will not: consent to the modification increased cost of the Lease nor same to the termination thereof without the prior written consent of the Lender or any successor holder of the Loan or the Mortgage which consent shall not be unreasonably withheld or delayed (either of them being called "Mortgagee"), nor seek to terminate the Lease by reason of any act or omission of Landlord until Tenant shall have given written notice of such act or omission to such Mortgagee's last address furnished Tenant) and until a reasonable period of time shall have elapsed following the giving of such notice, during which period the Mortgagee shall have the right, but not the obligation, to remedy such act or omissionupon demand.
(c) Upon written notice of the default by Landlord under any of the loan documents held by Mortgagee and assignment of the Landlord's interest under the Lease by Landlord to Mortgagee, Tenant, if Mortgagee so requests, will recognize such Mortgagee as the Landlord under the Lease and will thereafter pay rent and other sums to Mortgagee (or to the party designated by the Mortgagee in writing) in accordance with the terms of the Lease, and, in such event, such Mortgagee will not be liable for any act or omission of any prior lessor, liable for return of the security deposit unless same was actually delivered to Mortgagee, bound by any amendment to or assignment of the Lease made without its consent, bound by any rent paid more than thirty (30) days in advance, or be subject to any set-off or defense Tenant might have had against any prior lessor.
Appears in 1 contract
Tenant Covenants. (a) From A. Tenant as a material part of the consideration to be rendered to Lessor under this lease, hereby waives all claims against Lessor for damages to goods, wares and after the date hereofmerchandise, in, upon or about said premises and for injuries to persons in or about said premises, from any cause arising at any time and Tenant will hold Lessor exempt and harmless for and on account of any damage or injury to any person or to the goods, wares and merchandise of any person, arising from the use of the premises by Tenant, or arising from the failure of Tenant to keep the premises in good condition as herein provided. Lessor shall not be liable to Tenant for any damage by or from any act or negligence of any co- tenant or other occupant of the building, or by any owner or occupant of adjoining or contiguous property. Tenant agrees to pay any rent under for all damage to the Lease more than thirty (30) days in advance building, as well as all damage to Tenants or occupants thereof caused by Tenant's misuse or neglect of said premises, its due dateapparatus or appurtenances.
(b) From and after the date hereofB. Tenant shall not use, so long as there shall be any assignment of Landlord's interest in the Lease to Lenderor permit said premises, or any successor theretopart thereof, to be used, for any purpose or purposes other than the purpose or purposes for which said premises are hereby leased, to wit: production of visual and audio communications and no use shall be made or permitted to be made of said premises, nor acts done, which will increase the existing rate of insurance upon the building in which said premises are located or cause a cancellation of any insurance policy covering said building or any part thereof, nor shall Tenants sell, or permit to be kept, used, or stored in or about said premises any article which may be prohibited by the standard form of fire insurance policy. Tenant shall not commit or suffer to be committed any waste upon the said premises, or any public or private nuisance, or other act or thing which may disturb the quiet enjoyment of any other of any other Tenant in the building in which the premises are located, nor, without limiting the generality of the foregoing, shall Tenant allow said premises to be used for any improper, immoral, unlawful or objectionable purpose and nothing shall be prepared, manufactured or mixed in said premises which might emit an odor in the corridors of said building, nor shall Tenant use any apparatus, machinery or device in or about the demised premises which shall make any noise or set up any vibration, or which shall in any way increase the amount of electricity, water or other service to be furnished or supplied under this lease. Tenant shall comply with all requirements of all municipal, state and federal authorities now in force or which may hereafter be in force pertaining to said premises and shall faithfully observe in the use of the premises all municipal ordinances and state and federal statutes now in force or which may hereafter be in force. Tenant will not: consent to the modification of the Lease nor to the termination thereof without the prior written consent of the Lender reimburse Lessor for any expense or any successor holder of the Loan or the Mortgage which consent shall not be unreasonably withheld or delayed (either of them being called "Mortgagee"), nor seek to terminate the Lease damage incurred by reason of any act or omission of Landlord until Tenant shall have given written notice of such act or omission to such Mortgagee's last address furnished Tenant) and until a reasonable period of time shall have elapsed following the giving of such notice, during which period the Mortgagee shall have the right, but not the obligation, to remedy such act or omission.
(c) Upon written notice of the default by Landlord under Lessor in enforcing any of the loan documents held by Mortgagee and assignment of the Landlord's interest under the Lease by Landlord to Mortgagee, Tenant, if Mortgagee so requests, will recognize such Mortgagee as the Landlord under the Lease and will thereafter pay rent and other sums to Mortgagee (or to the party designated by the Mortgagee covenants set out in writing) in accordance with the terms of the this Lease, and, in such event, such Mortgagee will not be liable for any act or omission of any prior lessor, liable for return of the security deposit unless same was actually delivered to Mortgagee, bound by any amendment to or assignment of the Lease made without its consent, bound by any rent paid more than thirty (30) days in advance, or be subject to any set-off or defense Tenant might have had against any prior lessor.
Appears in 1 contract
Tenant Covenants. (a) From and after the date hereof, Tenant will not pay any rent under the Lease more than thirty (30) days in advance of its due date.
(b) From and after the date hereof, so long as there shall be any assignment of Landlord's interest in the Lease to Lender, or any successor thereto, Tenant will not: consent to the modification of the Lease nor to the termination thereof without the prior written consent of the Lender or any successor holder of the Loan or the Mortgage which consent shall not be unreasonably withheld or delayed (either of them being called "Mortgagee"), nor seek to terminate the Lease by reason of any act or omission of Landlord until Tenant shall have given written notice of such act or omission to such Mortgagee's last address furnished Tenant) and until a reasonable period of time shall have elapsed following the giving of such notice, during which period the Mortgagee shall have the right, but not the obligation, to remedy such act or omission.
(c) Upon written notice of the default by Landlord under any of the loan documents held by Mortgagee and assignment of the Landlord's interest under the Lease by Landlord to Mortgagee, Tenant, if Mortgagee so requests, will recognize such Mortgagee as the Landlord under the Lease and will thereafter pay rent and other sums to Mortgagee (or to the party designated by the Mortgagee in writing) in accordance with the terms of the Lease, and, in such event, such Mortgagee will not be liable for any act or omission of any prior lessor, liable for return of the security deposit unless same was actually delivered to Mortgagee, bound by any amendment to or assignment of the Lease made without its consent, bound by any rent paid more than thirty (30) days in advance, or be subject to any set-set- off or defense Tenant might have had against any prior lessor.
Appears in 1 contract
Samples: Real Property Purchase Agreement (Capital Automotive Reit)
Tenant Covenants. (a) From and after the date hereof, Tenant will not pay any rent under the Lease more than thirty (30) days in advance of its due date.
(b) From and after the date hereof, so long as there shall be any assignment of Landlord's interest in the Lease to Lender, or any successor thereto, Tenant will not: consent to Form the modification of the Lease nor to the termination thereof without the prior written consent of the Lender or any successor holder of the Loan or the Mortgage which consent shall not be unreasonably withheld or delayed (either of them being called "Mortgagee"), nor seek to terminate the Lease by reason of any act or omission of Landlord until Tenant shall have given written notice of such act or omission to such Mortgagee's last address furnished Tenant) and until a reasonable period of time shall have elapsed following the giving of such notice, during which period the Mortgagee shall have the right, but not the obligation, to remedy such act or omission.
(c) Upon written notice of the default by Landlord under any of the loan documents held by Mortgagee and assignment of the Landlord's interest under the Lease by Landlord to Mortgagee, Tenant, if Mortgagee so requests, will recognize such Mortgagee as the Landlord under the Lease and will thereafter pay rent and other sums to Mortgagee (or to the party designated by the Mortgagee in writing) in accordance with the terms of the Lease, and, in such event, such Mortgagee will not be liable for any act or omission of any prior lessor, liable for return of the security deposit unless same was actually delivered to Mortgagee, bound by any amendment to or assignment of the Lease made without its consent, bound by any rent paid more than thirty (30) days in advance, or be subject to any set-off or defense Tenant might have had against any prior lessor.
Appears in 1 contract
Tenant Covenants. The Tenant covenants at all times during the Term and any Extension Periods:
(ai) From To perform promptly all of the obligations of the Tenant set forth in this Lease and after to pay when due items of Rent and all charges, rates and other sums which by the date hereof, Tenant will not pay any rent under terms of this Lease are to be paid by the Lease more than thirty (30) days in advance of its due dateTenant.
(bii) From To conduct its business at all times in a high grade and after reputable manner so as to help establish and maintain a high reputation for the date hereofBuilding.
(iii) To comply with all reasonable "Building Rules and Regulations" ("Rules"), so long if any. All current Building Rules and Regulations are attached as there shall be any assignment of Landlord's interest in the Lease EXHIBIT 9.B(iii) hereto. Landlord may from time to Lender, time hereafter make reasonable Rules or any successor thereto, Tenant will not: consent reasonable modifications to the modification Rules and establish reasonable additional written Rules for the safety, comfort and welfare of the Lease nor to occupants of the termination thereof without the Building, only with Tenant's prior written consent of the Lender or any successor holder of the Loan or the Mortgage approval, which consent approval shall not be unreasonably withheld or delayed (either of them being called "Mortgagee")delayed. Such Rules, nor seek modifications or additions shall be binding upon Tenant when a copy is delivered to terminate the Lease by reason of any act Tenant or omission of Landlord until Tenant shall have given written notice of such act or omission to such MortgageeTenant's last address furnished Tenant) and until a reasonable period of time shall have elapsed following the giving of such notice, during which period the Mortgagee shall have the right, but not the obligation, to remedy such act or omission.
(c) Upon written notice of the default by Landlord under any of the loan documents held by Mortgagee and assignment of the Landlord's interest under the Lease by Landlord to Mortgagee, Tenant, if Mortgagee so requests, will recognize such Mortgagee as the Landlord under the Lease and will thereafter pay rent and other sums to Mortgagee (or to the party designated by the Mortgagee in writing) authorized representative in accordance with the terms notice provisions herein. Except as may be otherwise set forth herein, Landlord hereby covenants and agrees to enforce any Rules in a non-discriminatory manner.
(iv) To keep and maintain receiving doors and platforms used by the Tenant free and clear of Tenant's refuse.
(v) Subject to Section 31.C, (i) to make all repairs, alterations, additions or replacements to the Premises required by any law or ordinance or any order or regulation of any public authority because of a change in Tenant's use of the LeasePremises from that specified in Section 2.C which repairs, andalterations, in additions or replacements are mandated under the Applicable Laws as the obligation of a tenant; (ii) to keep the Premises equipped with all safety appliances so required because of such event, such Mortgagee will not be liable changed use; to procure any licenses and permits required for any act or omission such changed use other than a certificate of occupancy, which is Landlord's responsibility; and (iii) to comply with the orders and regulations of all governmental authorities, except that the Tenant may defer compliance so long as the validity of any prior lessorsuch law, liable for return ordinance, order or regulation shall be contested by the Tenant in good faith and by appropriate legal proceedings, if the Tenant first gives the Landlord reasonably appropriate assurance against any loss, cost or expense on account thereof and if such deferral shall not adversely affect the operation of any other areas within the Building.
(vi) Subject to Section 8.B hereof, to not place signs of any nature or kind whatsoever in or upon the windows of the security deposit unless same was actually delivered Premises. Subject to MortgageeSection 8.B, bound Tenant signage will be provided by any amendment means of a Building Standard nameplate located at the main reception area in the Premises. Subject to or assignment of Section 8.B, a Building Standard sign acceptable to Tenant will be provided at Tenant's expense. As provided in EXHIBIT 4.A-1, Landlord shall install new directories in the Lease made without its consentmain, bound by any rent paid more than thirty (30) days first and second floor lobbies in advancethe building at Landlord's expense, or which directories shall be subject to Tenant's approval, such approval not to be unreasonably withheld or delayed. Tenant shall be allowed pre-approved identification strips in the new directory of the Building at Tenant's expense. Tenant shall not use any set-off pictures or defense drawing of the Building in any advertisement or promotional material without Landlord's prior written consent. Tenant might agrees that it will place no signs, decoration(s), lettering or advertising of any nature on any window within the Premises which would be visible outside of the Premises. All window coverings inclusive of drapes, blinds or shades shall be furnished and installed by Tenant, at Tenant's sole cost and expense.
(vii) To not make any use of the Premises other than the permitted use set forth in Section 2.C.
(viii) To not injure, overload (Landlord has noted to Tenant that although Tenant is not in violation thereof, Tenant has certain identified areas of the Premises where Tenant is using heavy floor loads; Tenant shall endeavor to coordinate with Landlord to not overload the floors of the Premises; however, in no event shall Tenant have had any liability whatsoever for any damage to the Building by reason of Tenant's past, present or future use of the Premises, provided that such use is consistent with the current use of the Premises), deface or otherwise harm the Premises; nor commit any nuisance; nor permit the emission of any objectionable noise or odor; nor burn any trash or refuse within the Building; nor subject to Section 31.C make any use of the Premises which is improper, offensive or contrary to any law or ordinance; nor use any advertising medium that may constitute a nuisance, such as loudspeakers, sound amplifiers, phonographs or radio or television broadcasts in a manner to be heard outside the Premises; nor do any act tending to injure the reputation of the Building; nor park trucks or delivery vehicles outside the Premises so as to interfere unreasonably with the use of any driveways, walks or parking areas.
(ix) Subject to those matters stated below, not permit or suffer to be done any act, matter, thing or failure to act in respect of the Premises or use or occupy the Premises or conduct or operate Tenant's business in any manner objectionable to any insurance company or companies whereby the fire insurance or any other insurance then in effect in respect of the Premises or the Building or any part thereof shall become void or suspended or whereby any premiums in respect of insurance maintained by Landlord shall be higher than those which would normally have been in effect for the occupancy contemplated within the Building. Notwithstanding the foregoing, Landlord hereby represents and warrants that Tenant's use of the Premises as contemplated herein shall not constitute a breach of the preceding sentence. In case of a breach of this covenant, in addition to all other rights and remedies of Landlord hereunder, Tenant shall (a) indemnify Landlord and the Lessor(s) of any ground or underlying lease(s) and hold Landlord and the Lessor(s) of any ground or underlying lease(s) harmless from and against any prior lessoractual (as opposed to consequential or punitive) loss which would have been covered by insurance which shall have become void or suspended because of such breach by Tenant, and (b) pay to Landlord, as Additional Rent, any and all increases or premiums on any insurance, including, without limitation, fire insurance and rent insurance, resulting from any such breach.
Appears in 1 contract
Tenant Covenants. (a) From and after the date hereof, Tenant will not pay any rent under the Lease more than thirty (30) days in advance of its due date.
(b) From and after the date hereof, so long as there shall be any assignment of Landlord's interest in the Lease to Lender, or any successor thereto, Tenant will not: consent to the modification of the Lease nor to the termination thereof without the prior written consent of the Lender or any successor holder of the Loan or the Mortgage which consent shall not be unreasonably withheld or delayed (either of them being called "Mortgagee"), nor seek to terminate the Lease by reason of any act or omission of Landlord until Tenant shall have given written notice of such act or omission to such Mortgagee's last address furnished Tenant) and until a reasonable period of time shall have elapsed following the giving of such notice, during which period the Mortgagee shall have the right, but not the obligation, to remedy such act or omission.
(c) Upon written notice of the default by Landlord under any of the loan documents held by Mortgagee and assignment of the Landlord's interest under the Lease by Landlord to Mortgagee, Tenant, if Mortgagee so requests, will recognize such Mortgagee as the Landlord under the Lease and will thereafter pay rent and other sums to Mortgagee (or to the party designated by the Mortgagee in writing) in accordance with the terms of the Lease, and, in such event, such Mortgagee will not be liable for any act or omission of any prior lessor, liable for return of the security deposit unless same was actually delivered to Mortgagee, bound by any amendment to or assignment of the Lease made after it makes the Loan without its consent, bound by any rent paid more than thirty (30) days in advance, or be subject to any set-off or defense Tenant might have had against any prior lessorlessor for any rent or other amounts due.
Appears in 1 contract
Tenant Covenants. (a) From and after the date hereof, Tenant will not pay any rent under the Lease more than thirty (30) days in advance of its due date.
(b) From and after the date hereof, so long as there shall be any assignment of Landlord's interest in the Lease to Lender, or any successor thereto, Tenant will not: consent to the modification of the Lease nor to the termination thereof without the prior written consent of the Lender or any successor holder of the Loan or the Mortgage which consent shall not be unreasonably withheld or delayed (either of them being called "Mortgagee"), nor seek to terminate the Lease by reason of any act or omission of Landlord until Tenant shall have given written notice of such act or omission to such Mortgagee's last address furnished Tenant) and until a reasonable period of time shall have elapsed following the giving of such notice, during which period the Mortgagee shall have the right, but not the obligation, to remedy such act or omission.
(c) Upon written notice of the default by Landlord under any of the loan documents held by Mortgagee and assignment of the Landlord's interest under the Lease by Landlord to Mortgagee, Tenant, if Mortgagee so requests, will recognize such Mortgagee as the Landlord under the Lease and will thereafter pay rent and other sums to Mortgagee (or to the party designated by the Mortgagee in writing) in accordance with the terms of the Lease, and, in such event, such Mortgagee will not be liable for any act or omission of any prior lessor, liable for return of the security deposit unless same was actually delivered to Mortgagee, bound by any amendment to or assignment of the Lease made after it makes the Loan without its consent, bound by any rent paid more than thirty (30) days in advance, or be subject to any set-off or defense Tenant might have had against any prior lessorlessor for any rent or other amounts due prior to Tenant receiving notice of default by Landlord.
Appears in 1 contract
Samples: Real Property Purchase and Contribution Agreement (Capital Automotive Reit)