Common use of Waiver of Landlord’s Lien Clause in Contracts

Waiver of Landlord’s Lien. Notwithstanding anything contained herein to the contrary, Landlord hereby waives any statutory liens and any rights of distress with respect to Tenant’s Personalty. This Lease does not grant a contractual lien or any other security interest to Landlord or in favor of Landlord with respect to Tenant’s Personalty. Respecting any mortgagee or other lender of Tenant having a security interest in Tenant’s Personalty (“Tenant’s Mortgagee”), Landlord agrees as follows: (a) to provide Tenant’s Mortgagee, upon written request of Tenant (accompanied by the name and address of Tenant’s Mortgagee), with a copy of any default notice(s) given to Tenant under this Lease; provided, however, that (i) Landlord acknowledges and agrees that with respect to Xxxxx Fargo Bank, National Association, as agent, as Tenant’s Mortgagee, such Tenant request shall be deemed to have been made as of the Effective Date and (ii) the failure to deliver such notice shall not constitute a default by Landlord hereunder, and (b) to allow Tenant’s Mortgagee, prior to any termination of this Lease or repossession of the Premises by Landlord, the same notice rights and period of time to cure such default as is allowed Tenant under this Lease, and (c) to permit Tenant’s Mortgagee to go upon the Premises for the purpose of removing Tenant’s Personalty any time within ninety (90) days after the effective date of any termination of this Lease or any repossession of the Premises or any part thereof by Landlord. Landlord further agrees to execute and deliver the form of written waiver reasonably requested by Tenant’s Mortgagee from time to time to evidence or effect the aforesaid waiver and agreements of Landlord or substantially in the form attached hereto as Exhibit F.

Waiver of Landlord’s Lien. Notwithstanding anything contained herein to the contrary, Landlord hereby waives any statutory liens and any rights of distress with respect to Tenant’s Personalty. This Lease does not grant a contractual lien or any other security interest to Landlord or in favor of Landlord with respect to Tenant’s Personalty. Respecting any mortgagee or other lender of Tenant having a security interest in Tenant’s Personalty (“Tenant’s Mortgagee”), Landlord agrees as follows: (a) to provide Tenant’s Mortgagee, upon written request of Tenant (accompanied by the name and address of Tenant’s Mortgagee), with a copy of any default notice(s) given to Tenant under this Lease; provided, however, that (i) Landlord acknowledges and agrees that with respect to Xxxxx Fargo Wachovia Bank, National Association, as agent, as Tenant’s Mortgagee, such Tenant request shall be deemed to have been made as of the Effective Date Date, and (ii) the failure to deliver such notice shall not constitute a default by Landlord hereunder, and (b) to allow Tenant’s Mortgagee, prior to any termination of this Lease or repossession of the Premises applicable Property Location by Landlord, the same notice rights and period of time to cure such default as is allowed Tenant under this Lease, and (c) to permit Tenant’s Mortgagee to go upon the Premises applicable Property Location for the purpose of removing Tenant’s Personalty any time within ninety (90) days after the effective date of any termination of this Lease or any repossession of the Premises or any part thereof by Landlord. Landlord further agrees to execute and deliver the form of written waiver reasonably requested by Tenant’s Mortgagee from time to time to evidence or effect the aforesaid waiver and agreements of Landlord or substantially in the form attached hereto as Exhibit F.

Waiver of Landlord’s Lien. Notwithstanding anything contained herein to the contrary, Landlord hereby waives any statutory liens and any rights of distress with respect to the personal property (trade fixtures, equipment and merchandise) of Tenant from time to time located on the Property (“Tenant’s Personalty's Property”). This Lease does not grant a contractual lien or any other security interest to Landlord or in favor of Landlord with respect to Tenant’s Personalty's Property. Respecting any mortgagee or other lender of Tenant having a security interest in Tenant’s Personalty 's Property (“Tenant’s Mortgagee's Lender”), Landlord agrees as follows: (ai) to provide Tenant’s Mortgagee's Lender, upon written request of Tenant (accompanied by the name and address of Tenant’s Mortgagee's Lender), with a copy of any default notice(s) given to Tenant under this Lease; provided, however, that (i) Landlord acknowledges and agrees that with respect to Xxxxx Fargo Bank, National Association, as agent, as Tenant’s Mortgagee, such Tenant request shall be deemed to have been made as of the Effective Date and (ii) the failure to deliver such notice shall not constitute a default by Landlord hereunder, and (b) to allow Tenant’s Mortgagee's Lender, prior to any termination of this Lease or repossession of the Premises Property by Landlord, the same notice rights and period of time time, after its receipt of such copy of default notice, to cure such default as is allowed Tenant under this Lease, and (ciii) to permit Tenant’s Mortgagee 's Lender to go upon the Premises Property for the purpose of removing Tenant’s Personalty any time 's Property anytime within ninety twenty (9020) days after the effective date of any termination of this Lease or any repossession of the Premises Property by Landlord (with Landlord having given Tenant's Lender prior written notice of such date of termination or any part thereof by Landlordrepossession). Landlord further agrees to execute and deliver the form of written waiver such instruments reasonably requested by Tenant’s Mortgagee 's Lender from time to time to evidence or effect the aforesaid waiver and agreements of Landlord or substantially in the form attached hereto as Exhibit F.Landlord.

Waiver of Landlord’s Lien. Notwithstanding anything contained herein to the contrary, Landlord hereby waives any statutory liens and any rights of distress with respect to the personal property (trade fixtures, equipment and merchandise) of Tenant from time to time located within the Demised Premises ("Tenant’s Personalty's Property"). This Lease does not grant a contractual lien or any other security interest to Landlord or in favor of Landlord with respect to Tenant’s Personalty's Property. Respecting any mortgagee or other lender of Tenant having a security interest in Tenant’s Personalty 's Property (“"Tenant’s Mortgagee”'s Lender"), Landlord agrees as follows: (ai) to provide Tenant’s Mortgagee's Lender, upon written request of Tenant (accompanied by the name and address of Tenant’s Mortgagee's Lender), with a copy of any default notice(s) given to Tenant under this Lease; provided, however, that (i) Landlord acknowledges and agrees that with respect to Xxxxx Fargo Bank, National Association, as agent, as Tenant’s Mortgagee, such Tenant request shall be deemed to have been made as of the Effective Date and (ii) the failure to deliver such notice shall not constitute a default by Landlord hereunder, and (b) to allow Tenant’s Mortgagee's Lender, prior to any termination of this the Lease or repossession of the Demised Premises by Landlord, the same notice rights and period of time (which period of time shall run concurrently with Tenant's cure period provided Landlord delivers a copy of any such notice of default to Tenant's Lender concurrently with delivery of such notice to Tenant), after its receipt of such copy of default notice, to cure such default as is allowed Tenant under this the Lease, and (ciii) to permit Tenant’s Mortgagee 's Lender to go upon the Demised Premises for the purpose of removing Tenant’s Personalty 's Property any time within ninety twenty (9020) days after the effective date of any termination of this Lease or any repossession of the Demised Premises by Landlord (with Landlord having given Tenant's Lender prior written notice of such date of termination or repossession); provided, however, Tenant's Lender shall be responsible for any damages caused to either the Demised Premises or the Shopping Center in connection with the removal of Tenant's Property and Tenant's Lender shall indemnify and hold Landlord harmless from any part thereof and all claims, damages, causes of action, costs and expenses incurred by LandlordLandlord related directly or indirectly to the removal of Tenant's Property by Tenant's Lender. Further, Tenant's Lender, as a condition hereof, shall be required to agree that in the event Tenant's Lender fails to timely remove Tenant's Property, Tenant's Lender shall be deemed to have abandoned Tenant's Property whereupon Landlord shall be entitled to dispose of Tenant's Property as Landlord deems appropriate in its sole discretion without any obligation to account for the proceeds of such disposition to either Tenant or Tenant's Lender. Landlord further agrees to execute and deliver the form of written waiver such instruments reasonably requested by Tenant’s Mortgagee 's Lender from time to time to evidence or effect the aforesaid waiver and agreements of Landlord or substantially in the form attached hereto as Exhibit F.Landlord.

Waiver of Landlord’s Lien. Notwithstanding anything contained herein to the contrary, Landlord hereby waives any statutory liens and any rights of distress with respect to Tenant’s Personalty. This Lease does not grant a contractual lien or any other security interest to Landlord or in favor of Landlord with respect to Tenant’s Personalty. Respecting any mortgagee or other lender of Tenant having a security interest in Tenant’s Personalty (“Tenant’s Mortgagee”), Landlord agrees as follows: (a) to provide Tenant’s Mortgagee, upon written request of Tenant (accompanied by the name and address of Tenant’s Mortgagee), with a copy of any default notice(snotice PHIL1 681004v.14 (s) given to Tenant under this Lease; provided, however, that (i) Landlord acknowledges and agrees that with respect to Xxxxx Fargo Bank, National Association, as agent, as Tenant’s Mortgagee, such Tenant request shall be deemed to have been made as of the Effective Date Date, and (ii) the failure to deliver such notice shall not constitute a default by Landlord hereunder, and (b) to allow Tenant’s Mortgagee, prior to any termination of this Lease or repossession of the Premises applicable Property Location by Landlord, the same notice rights and period of time to cure such default as is allowed Tenant under this Lease, and (c) to permit Tenant’s Mortgagee to go upon the Premises applicable Property Location for the purpose of removing Tenant’s Personalty any time within ninety (90) days after the effective date of any termination of this Lease or any repossession of the Premises or any part thereof by Landlord. Landlord further agrees to execute and deliver the form of written waiver reasonably requested by Tenant’s Mortgagee from time to time to evidence or effect the aforesaid waiver and agreements of Landlord or substantially in the form attached hereto as Exhibit F.F (“Landlord Agreement”).

Waiver of Landlord’s Lien. Notwithstanding anything contained herein to the contrary, Landlord hereby waives any statutory liens and any rights of distress with respect to Tenant’s Personalty. This Lease does not grant a contractual lien or any other security interest to Landlord or in favor of Landlord with respect to Tenant’s Personalty. Respecting any mortgagee or other lender of Tenant having a security interest in Tenant’s Personalty (“Tenant’s Mortgagee”), Landlord agrees as follows: (a) to provide Tenant’s Mortgagee, upon written request of Tenant (accompanied by the name and address of Tenant’s Mortgagee), with a copy of any default notice(snotice (s) given to Tenant under this Lease; provided, however, that (i) Landlord acknowledges and agrees that with respect to Xxxxx Fargo Bank, National Association, as agent, as Tenant’s Mortgagee, such Tenant request shall be deemed to have been made as of the Effective Date Date, and (ii) the failure to deliver such notice shall not constitute a default by Landlord hereunder, and (b) to allow Tenant’s Mortgagee, prior to any termination of this Lease or repossession of the Premises applicable Property Location by Landlord, the same notice rights and period of time to cure such default as is allowed Tenant under this Lease, and (c) to permit Tenant’s Mortgagee to go upon the Premises applicable Property Location for the purpose of removing Tenant’s Personalty any time within ninety (90) days after the effective date of any termination of this Lease or any repossession of the Premises or any part thereof by Landlord. Landlord further agrees to execute and deliver the form of written waiver reasonably requested by Tenant’s Mortgagee from time to time to evidence or effect the aforesaid waiver and agreements of Landlord or substantially in the form attached hereto as Exhibit F.F (“Landlord Agreement”).

Waiver of Landlord’s Lien. Notwithstanding anything contained herein to the contrary, Landlord hereby waives any statutory liens lien rights which it may otherwise have concerning all of Tenant's trade fixtures and equipment, which shall include furniture, movable fixtures, equipment, any rights of distress with respect and all equipment and/or supplies (collectively, "Personalty") utilized by Tenant in its business operations; and Tenant shall have the right to Tenant’s Personaltyremove the same at any time without Landlord's consent. This Lease does not grant Landlord acknowledges that pursuant to a contractual lien or any other security interest to Landlord or in favor of Landlord with respect to Tenant’s Personalty. Respecting any mortgagee or other lender of Tenant having a security interest in Tenant’s Personalty (“Tenant’s Mortgagee”), Landlord agrees as follows: (a) to provide Tenant’s Mortgagee, upon written request master purchase agreement by and between the parent corporation of Tenant (accompanied by the name "NCGI") and address Nortel Networks Inc. and/or its affiliates ("Nortel Networks"), said NCGI purchased certain equipment and services comprising some of Tenant’s Mortgagee's trade fixtures and equipment ("Nortel Equipment"). Landlord agrees that Nortel Networks and any other lenders of Tenant or NCGI pursuant to the relevant credit agreement between such parties, may enter upon the demised premises to remove said Personalty and/or Nortel Equipment provided, however, (i) said entry shall be conducted in a manner calculated not to unreasonably disturb Landlord and any other tenants of the Property; (ii) any such entry shall be made subject to the terms of this Section (Q); and (iii) any damage caused by such removal shall be promptly restored by any such lender. The Landlord hereby agrees to provide Nortel Networks (or its successors or assigns), with at its address specified below (or at the addresses of its successors or assigns of which the Landlord is subsequently notified), a copy of any notice of default notice(s) given delivered to the Tenant under this Lease; provided, however, that (i) Landlord acknowledges lease substantially concurrently with the delivery of such notice to the Tenant and agrees that with respect to Xxxxx Fargo Bank, National Association, as agent, as Tenant’s Mortgagee, such Tenant request shall be deemed to have been made as of the Effective Date and (ii) the failure to deliver such notice shall not constitute a default by Landlord hereunder, and (b) to allow Tenant’s Mortgageethat, prior to any termination of this Lease or repossession lease as a result of a default of the Premises by LandlordTenant hereunder, the Landlord will provide written notice of such default to Nortel Networks (or its successors or assigns), at its address specified below (or at the address of its successors or assigns of which the Landlord is subsequently notified), and afford Nortel Networks (or its successors or assigns) and the lenders the same notice rights and period of time allowed Tenant within which to cure such default as is allowed Tenant under this Lease, and (c) to permit Tenant’s Mortgagee to go upon the Premises for the purpose of removing Tenant’s Personalty any time within ninety (90) days after the effective date of any termination default. For purposes of this Lease or any repossession Section (Q), the address of the Premises or any part thereof by Landlord. Landlord further agrees to execute and deliver the form of written waiver reasonably requested by Tenant’s Mortgagee from time to time to evidence or effect the aforesaid waiver and agreements of Landlord or substantially in the form attached hereto Nortel Networks is as Exhibit F.follows: Nortel Networks Inc., GMS 991 15 A40, 2221 Xxxxxxxx Xxxxxxxxx, Xxxxxxxxxx, Xxxxx 00000-0000, Xxtention: Charxxx X. Xxxx, Xxquire; Telephone: 972/685-0000; Xxcsimile 972/684-3679.

Waiver of Landlord’s Lien. Notwithstanding anything contained herein to the contrary, Landlord hereby waives any statutory liens and any rights of distress with respect to Tenant’s Personalty. This Lease does not grant a contractual lien or any other security interest to Landlord or in favor of Landlord with respect to Tenant’s Personalty. Respecting any mortgagee or other lender of Tenant having a security interest in Tenant’s Personalty (“Tenant’s Mortgagee”), Landlord agrees as follows: (a) to provide Tenant’s Mortgagee, upon written request of Tenant (accompanied by the name and address of Tenant’s Mortgagee), with a copy of any default notice(s) given to Tenant under this Lease; provided, however, that (i) Landlord acknowledges and agrees that with respect to Xxxxx Fargo Bank, National Association, as agent, as Tenant’s Mortgagee, such Tenant request shall be deemed to have been made as of the Effective Date and (ii) the failure to deliver such notice shall not constitute a default by Landlord hereunder, and (b) to allow Tenant’s Mortgagee, prior to any termination of this Lease or repossession of the Premises applicable Property Location by Landlord, the same notice rights and period of time to cure such default as is allowed Tenant under this Lease, and (c) to permit Tenant’s Mortgagee or other lender to go upon the Premises applicable Property Location for the purpose of removing Tenant’s Personalty any time within ninety (90) days after the effective date of any termination of this Lease or any repossession of the Premises or any part thereof by LandlordLandlord (with Landlord having given Tenant’s lender prior written notice of such date of termination or repossession). Landlord further agrees to execute and deliver the form of written waiver reasonably requested by Tenant’s Mortgagee from time to time to evidence or effect the aforesaid waiver and agreements of Landlord or substantially in the form attached hereto as Exhibit F.

Waiver of Landlord’s Lien. Notwithstanding anything contained herein to the contrary, Landlord hereby waives any statutory liens right to distrain Tenant's Trade Fixtures or any property of Tenant and any rights of distress with respect to Tenant’s Personalty. This Lease does not grant a contractual Landlord's lien or similar lien upon Tenant's Trade Fixtures and any other security interest to Landlord or in favor of Landlord with respect to Tenant’s Personalty. Respecting any mortgagee or other lender property of Tenant having regardless of whether such lien is created or otherwise. Landlord agrees, at the request of Tenant, to execute a waiver of any Landlord's or similar lien for the benefit of any present or future holder of a security interest in Tenant’s Personalty (“Tenant’s Mortgagee”), Landlord agrees as follows: (a) to provide Tenant’s Mortgagee, upon written request or lessor of Tenant (accompanied by the name and address any of Tenant’s Mortgagee), with a copy 's Trade Fixtures or any other personal property of any default notice(s) given to Tenant under this Lease; provided, however, that (i) Tenant. Landlord acknowledges and agrees in the future to acknowledge (in a written form reasonably satisfactory to Tenant) to such persons and entities at such times and for such purposes as Tenant may reasonably request that with respect Tenant's Trade Fixtures are Tenant's property and not part of Improvements (regardless of whether or to Xxxxx Fargo Bankwhat extent such Tenant's Trade Fixtures are affixed to the Improvements) or otherwise subject to the terms of this Lease; however, National AssociationLandlord shall not be obligated or responsible to notify any such person of Tenant's default hereunder or keep safe any such Tenant's Trade Fixtures for the benefit of any such person, as agentor allow any sales or auctions of such Tenant's Trade Fixtures on the Premises, as Tenant’s Mortgagee, and any such Tenant request person shall be deemed obligated to have been made as of the Effective Date and (ii) the failure pay to deliver such notice shall not constitute a default Landlord rental or moving or storage fees incurred by Landlord hereunder, and (b) to allow for such Tenant’s Mortgagee, prior to any 's Trade Fixtures after the termination of this Lease or repossession of and to repair any damage to the Premises caused by such person's removal of any Tenant's Trade Fixtures. Tenant shall be obligated to pay Landlord, the same notice rights and period of time to cure such default as is allowed Tenant under this Lease, and (c) to permit Tenant’s Mortgagee to go upon the Premises 's attorney fees for the purpose of removing Tenant’s Personalty any time within ninety (90) days after the effective date review and/or preparation of any termination of this Lease or any repossession of the Premises or any part thereof by Landlordsuch acknowledgment. Landlord further agrees to execute and deliver the form of written waiver reasonably requested by Tenant’s Mortgagee from time to time to evidence or effect the aforesaid waiver and agreements of Landlord or substantially in the form attached hereto as Exhibit F.33.

Waiver of Landlord’s Lien. Notwithstanding anything contained herein to the contrary, Landlord hereby waives any statutory liens and any rights of distress with respect to TenantXxxxxx’s Personalty. This Lease does not grant a contractual lien or any other security interest to Landlord or in favor of Landlord with respect to TenantXxxxxx’s Personalty. Respecting any mortgagee or other lender of Tenant having a security interest in Tenant’s Personalty (“Tenant’s Mortgagee”), Landlord agrees as follows: (a) to provide TenantXxxxxx’s Mortgagee, upon written request of Tenant Xxxxxx (accompanied by the name and address of Tenant’s Mortgagee), with a copy of any default notice(s) given to Tenant under this Lease; provided, however, that (i) Landlord acknowledges and agrees that with respect to Xxxxx Fargo Wachovia Bank, National Association, as agent, as Tenant’s Mortgagee, such Tenant request shall be deemed to have been made as of the Effective Date Date, and (ii) the failure to deliver such notice shall not constitute a default by Landlord hereunder, and (b) to allow TenantXxxxxx’s Mortgagee, prior to any termination of this Lease or repossession of the Premises applicable Property Location by Landlord, the same notice rights and period of time to cure such default as is allowed Tenant under this Lease, and (c) to permit Tenant’s Mortgagee to go upon the Premises applicable Property Location for the purpose of removing Tenant’s Personalty any time within ninety (90) days after the effective date of any termination of this Lease or any repossession of the Premises or any part thereof by Landlord. Landlord Xxxxxxxx further agrees to execute and deliver the form of written waiver reasonably requested by TenantXxxxxx’s Mortgagee from time to time to evidence or effect the aforesaid waiver and agreements of Landlord or substantially in the form attached hereto as Exhibit F.