Condominium Conversion. [INTENTIONALLY OMITTED]
Condominium Conversion. As of the Closing, the Condominium Conversion and creation of the Unit have been completed in accordance with all applicable laws and no further authorizations or approvals are required for the legal conveyance of the Real Property by Seller to Buyer.
Condominium Conversion. During the Term of this Agreement, the Borrower shall not convert any of the Units in the Development to condominium or cooperative ownership or sell condominium or cooperative conversion rights to the Property.
Condominium Conversion. Tenant acknowledges that the Land and the Building may be subjected to a condominium form of ownership prior to the end of the Term of this Lease. Subject to Xxxxxx’s receipt of a commercially reasonable subordination and non-disturbance agreement from the board of managers or unit owner(s) of any such future condominium, providing inter alia that Tenant agrees that if, at any time during the Term of this Lease, the Landlord and the Building shall be subjected to a new condominium form of ownership, then, this Lease and all rights of Tenant hereunder are and shall be subordinate in all respects to any condominium declaration and any other documents (collectively, the “Condominium Documents”) which shall be recorded in order to convert the Land and the Building to a condominium form of ownership in accordance with the applicable Requirements. If any such Declaration is to be recorded, Tenant, upon request of Landlord, shall enter into an amendment of this Lease in such respects as may be reasonably necessary to conform to such condominiumization, including, without limitation, appropriate adjustments to the Base Taxes, the Base Expenses, and Tenant’s Proportionate Share; provided, however, that no such adjustments shall increase Tenant’s payments (including, without limitation, with respect to Additional Rent payable under Article 6) above such payments that Tenant would have incurred had such condominium conversion not occurred, and provided further, that Tenant’s rights and obligations under the Lease shall not be affected (except to a de minimis extent) and the services provided to Tenant shall not be diminished. Nothing in the conversion process or associated documents shall reduce the obligations of Landlord (except to a de minimis extent) (including, without limitation, the obligations of Landlord to provide the services that Landlord is obligated to provide to Tenant under this Lease), and Landlord shall reimburse Tenant for its reasonable and actual out-of-pocket legal fees and disbursements in connection with (i) any amendment of this Lease required in connection with this Section 20.05 and (ii) the Condominium Non-Disturbance Agreement.
Condominium Conversion. The Owner shall not convert Units to condominium or cooperative ownership or sell condominium or cooperative conversion rights in the Property during the term of this Agreement.
Condominium Conversion. Tenant shall not, without the prior consent of Landlord (and in Landlord’s sole and absolute discretion), submit Xxxxxx’s leasehold estate in the Premises, or any part thereof, to the provisions of Article 9-B of the Real Property Law of the State of New York, as it may be amended.
Condominium Conversion. Tenant acknowledges that all or portion(s) of the Land, the Building and/or Complex may be subjected by Landlord to a revised or restructured condominium, PUD and/or common interest ownership structure prior to the end of the Term. Subject to Tenant's receipt of a commercially reasonable subordination, non-disturbance and attornment agreement from the applicable declarant or board of managers of such a future condominium or common interest ownership community recognizing Tenant's tenancy and its rights hereunder, Tenant agrees that if, at any time during the Term, all or portion(s) of the Land, the Building and/or the Complex shall be subjected to such condominium or common interest ownership community structure, then this Lease and all rights of Tenant hereunder are and shall be subordinate in all respects to any condominium or common interest ownership declaration and any other related documents (collectively, the "Condominium Documents") which shall be recorded in order to convert to a condominium or common interest ownership structure in accordance with applicable Requirements. If any such declaration is to be recorded, Tenant, upon request of Landlord, shall enter into an amendment of this Lease in such respects as may be reasonably necessary to conform to such condominiumization or common interest ownership structure, including, without limitation, any appropriate adjustments to the Base Taxes, the Base Expenses, Tenant's Proportionate Share and the Building's Share; provided, however, that no such adjustments shall increase Tenant's payments with respect to Additional Rent payable under Article 6 above such payments that Tenant would have incurred had such conversion not occurred, and provided further, that Tenant's rights and obligations with respect to the Premises shall not be affected (except to a de minimis extent) and the services to be provided by Landlord shall not be diminished. Nothing in the conversion process shall reduce the obligations of Landlord to provide services to the Premises that Landlord is obligated to provide under this Lease.
Condominium Conversion. Mortgagee recognizes that, pursuant to Article 50 of the Lease, Xxxxxxxx has agreed with Tenant to negotiate in good faith the terms and conditions of a declaration of condominium that will provided for, among other things, the submission of Landlord’s Premises to condominium form of ownership (the “Condominium Declaration”). Tenant recognizes that, in accordance with the provisions of the Building Loan Agreement, the terms and conditions of the Condominium Declaration are subject to approval of Mortgagee. Mortgagee consents to the inclusion in the Condominium Declaration of the applicable provisions set forth in Article 50 of the Lease, without waiving any other right to review and approve the Condominium Declaration and will, subject to satisfaction by Landlord of the applicable conditions of the Building Loan Agreement, consent to the execution and recordation of the Condominium Declaration. Mortgagee shall not be obligated to prepare any Condominium Declaration or to submit Landlord’s Premises to condominium form of ownership, provided, however, that after the date of attornment any Successor Landlord shall be bound by the terms of the Lease.
Condominium Conversion. Owner does not now foresee that the Project will be converted to condominiums. Because Architect did not design the Project for condominium ownership, Owner agrees that, if Owner, including its successors and assigns, decides to convert the Project into condominiums in the future, Owner, its successors and assigns will, to the fullest extent permitted by law, indemnify and hold harmless Architect and Architect’s officers, partners, employees from any and all claims, losses, damages and costs, including reasonable attorney’s fees and defense costs, arising or allegedly arising in any manner whatsoever due to the conversion to condominium ownership, except if caused by, to the extent of, and in proportion with the negligence or other misconduct of Architect, its consultant(s), or any person for whom any of them are responsible.
Condominium Conversion. The Owner acknowledges that should this Project be converted at any time to a condominium project, the risks to the Architect inherent in condominium projects are disproportionate to the Architect’s fee and the Architect’s potential liability for problems or alleged problems with such condominium projects. Therefore, the Owner agrees, to the fullest extent permitted by law, to indemnify, defend and hold harmless the Architect, its Consultants and their respective officers, employees and agents from and against any claim, suit, demand, liability, damage, loss or expense (including attorney’s fees and costs of defense) that arise from any class action lawsuit or lawsuit by two or more unit owners or by the condominium association or its board of directors or equivalent managing body, related to the design or construction of this Project except where the Architect is found solely at fault. Unless prohibited by applicable law, this paragraph shall specifically apply to claims alleging the Architect’s negligence.3
