Common use of Acceptance and Lease Clause in Contracts

Acceptance and Lease. The Lessor, subject to the satisfaction or waiver of the conditions set forth in Section 3.1 of the Participation Agreement, hereby agrees to lease all of the Leased Property (the location of which is more particularly described on Exhibit A hereto) to the Lessee hereunder and the Lessee hereby agrees, expressly for the direct benefit of the Lessor, to lease from the Lessor for the Lease Term, all of the Leased Property. Without limiting the generality of the foregoing, Lessee acknowledges that the leasehold estate conveyed by this Lease and Lessee’s rights hereunder are expressly made subject and subordinate to the terms and conditions of the matters listed in Schedule B to the Title Policy and all other Permitted Liens, and any other Liens not constituting Lessor Liens. Subject to Articles XII and XVIII hereof, the Lessor will not lease nor otherwise make the Leased Property, in whole or in part, available to any Person other than the Lessee and its permitted successors, assigns and sublessees during the Lease Term, and (without derogating in any way from the Lessor’s rights under Article XV hereof) during the Lease Term the Lessee shall have unimpeded physical control of the Leased Property notwithstanding the Lessor’s rights to inspect the Leased Property under Article XV.

Acceptance and Lease. The Lessor, subject to the satisfaction or waiver of the conditions set forth in Section 3.1 of the Participation Agreement, hereby agrees to lease all of the Leased Property (the location of which is more particularly described on Exhibit A hereto) to the Lessee hereunder and the Lessee hereby agrees, expressly for the direct benefit of the Lessor, to lease from the Lessor for the Lease Term, all of the Leased Property. Without limiting the generality of the foregoing, Lessee acknowledges that the leasehold estate conveyed by this Lease and Lessee’s rights hereunder are expressly made subject and subordinate to the terms and conditions of the matters listed in Schedule B to the Title Policy and all other Permitted Liens, and any other Liens not constituting Lessor Liens. Subject to Articles XII and XVIII hereof, the Lessor will not lease nor otherwise make the Leased Property, in whole or in part, available to any Person other than the Lessee and its permitted successors, assigns and sublessees during the Lease Term, and (without derogating in any way from the Lessor’s rights under Article XV hereof) during the Lease Base Term the Lessee shall have unimpeded physical control of the Leased Property notwithstanding the Lessor’s rights to inspect the Leased Property under Article XV. During the Interim Term, the Lessee will not have unilateral control of the use of the Site nor over the physical access to the Site, the parties hereto agreeing that the Lessee’s use of the Site during the Interim Term shall be as Constructor under the Construction Agency Agreement and as other granted to it by Lessor under the other Operative Documents.

Acceptance and Lease. The Lessor, subject to the satisfaction or waiver of the conditions set forth in Section 3.1 2.1 of the Participation Agreement, hereby agrees to lease all of the Leased Property (the location of which is more particularly described on Exhibit A hereto) to the Lessee hereunder hereunder, and the Lessee hereby agrees, expressly for the direct benefit of the Lessor, to lease from the Lessor for the Lease Term, all of the Leased Property. Without limiting the generality of the foregoing, the Lessee acknowledges that the leasehold estate interest conveyed by this Lease and the Lessee’s rights hereunder are expressly made subject and subordinate to the terms and conditions of the matters listed in Schedule B to the Title Policy and Policy, the Ground Lease, all other Permitted Liens, Liens and any other Liens not constituting Lessor Liens. The Lessee hereby agrees that delivery of possession of the subleasehold interest in the Site under the Ground Lease or payment from Advances for any portion of the Facility shall, without further act, constitute the irrevocable acceptance by the Lessee of the Site and such portion of the Facility for all purposes of this Lease and shall constitute the Lessee’s agreement to lease the Leased Property pursuant to the terms hereof during the Lease Term. Subject to Articles XII and XVIII hereof, the Lessor will not lease nor otherwise make the Leased Property, in whole or in part, available to any Person other than the Lessee and its permitted successors, assigns and sublessees during the Lease Term, and (without derogating in any way from the Lessor’s rights under Article XV hereof) during the Lease Term the Lessee shall have unimpeded physical control of the Leased Property notwithstanding the Lessor’s rights to inspect the Leased Property under in accordance with Article XV.

Acceptance and Lease. ​ The Lessor, subject to the satisfaction or waiver of the conditions set forth in Section 3.1 2.1 of the Participation Agreement, hereby agrees to lease all of the Leased Property (the location of which is more particularly described on Exhibit A hereto) to the Lessee hereunder hereunder, and the Lessee hereby agrees, expressly for the direct benefit of the Lessor, to lease from the Lessor for the Lease Term, all of the Leased Property. Without limiting the generality of the foregoing, the Lessee acknowledges that the leasehold estate interest conveyed by this Lease and the Lessee’s rights hereunder are expressly made subject and subordinate to the terms and conditions of the matters listed in Schedule B to the Title Policy and Policy, the Ground Lease, all other Permitted Liens, Liens and any other Liens not constituting Lessor Liens. The Lessee hereby agrees that delivery of possession of the subleasehold interest in the Site under the Ground Lease or payment from Advances for any portion of the Facility shall, without further act, constitute the irrevocable acceptance by the Lessee of the Site and such portion of the Facility for all purposes of this Lease and shall constitute the Lessee’s agreement to lease the Leased Property pursuant to the terms hereof during the Lease Term. ​ Subject to Articles XII and XVIII hereof, the Lessor will not lease nor otherwise make the Leased Property, in whole or in part, available to any Person other than the Lessee and its permitted successors, assigns and sublessees during the Lease Term, and (without derogating in any way from the Lessor’s rights under Article XV hereof) during the Lease Term the Lessee shall have unimpeded physical control of the Leased Property notwithstanding the Lessor’s rights to inspect the Leased Property under in accordance with Article XV.