Intentionally Omitted Prior to Execution Sample Clauses

Intentionally Omitted Prior to Execution no Event of Default shall have occurred and be continuing;

Intentionally Omitted Prior to Execution. Landlord and Tenant mutually waive and release their respective rights of recovery against each other, and against the officers, directors, partners, members, shareholders, employees, agents, tenants and subtenants of the other, directly or by way of subrogation or otherwise, for any claim, and for any loss of, or damage to, either party’s property, any party’s business or operations and/or any personal injury to the extent that such claim, loss, damage or injury results from a cause of loss which is covered by any property or CGL insurance actually maintained by a party or which would have been covered by any property or CGL insurance required pursuant to the terms of this Lease. Such waiver or release shall include any deductible, retention and self-insured loss or damage. Such waiver or release shall be effective without regard to whether such required policy was in effect and without regard to the availability of coverage or limits of liability under any such policy. Each party shall obtain any special endorsements required by its insurer to allow such waiver of rights of subrogation but the failure to obtain same shall not impair the effectiveness of this waiver and/or release between Landlord and Tenant. Any cost for a special endorsement shall be paid for by the party obligated to pay for the required insurance policy hereunder. This clause shall not apply to any claim for willful misconduct or intentional acts which are not covered by the required insurance.

Intentionally Omitted Prior to Execution. Mortgagor shall pay to Mortgagee on each Payment Date one-twelfth of $150,000.00, which shall be deposited with and held by Mortgagee for tenant improvement and leasing commission obligations incurred following the date hereof (the "Rollover Escrow Fund"). In addition, notwithstanding any limitations on the amount to be deposited in the Rollover Escrow Fund, Mortgagor shall pay to Mortgagee for deposit in the Rollover Escrow Fund all funds received by Mortgagor from tenants in connection with the cancellation of any Leases, including, but not limited to, any cancellation fees, penalties, and payments relating to unamortized tenant improvements and leasing commissions. Mortgagee may from time to time reassess its estimate of the monthly amount necessary to be deposited into the Rollover Escrow Fund and, upon notice to Mortgagor, Mortgagor shall be required to deposit into the Rollover Escrow Fund each month such reassessed amount. Notwithstanding anything contained herein to the contrary, the amount on deposit in the Rollover Escrow Fund shall not be required to exceed $750,000.00 (the "Rollover Escrow Fund Cap"). At such time that the amount in the Rollover Escrow Fund equals or exceeds the Rollover Escrow Fund Cap, Mortgagor shall not be required to continue to make deposits into the Rollover Escrow Fund as required under this Mortgage unless and until the amount on deposit is less than the Rollover Escrow Fund Cap, whereupon Mortgagor shall resume making such deposits until the amount on deposit therein equals or exceeds the Rollover Escrow Fund Cap (it being agreed and understand that Mortgagor shall be required to resume deposits as required under this Paragraph 6(c) anytime the amount on deposit in the Rollover Escrow Fund is less than the Rollover Escrow Fund Cap). To the extent the Leases were not previously approved by Mortgagee, all such expenses shall be approved by Mortgagee in its sole discretion. Provided that no Event of Default shall exist and remain uncured, Mortgagee shall make disbursements as requested, in writing, by Mortgagor on a monthly basis in increments of no less than $1,000.00 upon delivery by Mortgagor of copies of paid invoices (or with respect to any request in excess of $10,000, unpaid invoices) for the amounts requested for tenant improvements and leasing commissions, the newly executed Lease, extension, renewal, or modification, with terms commensurate with the expired Lease, a certification for tenant improvement disburse...

Intentionally Omitted Prior to Execution if the Premises shall become abandoned (for the purpose of this Section 16.1(C), the term "abandoned" shall mean that Tenant shall (i) have vacated the Premises with no intention to return, and (ii) not be maintaining the Premises in accordance with good business practice); or

Intentionally Omitted Prior to Execution. Mortgagor agrees that if it has been, or if at any time hereafter it is, determined that the Mortgaged Property contains Lead Based Paint, on or before thirty (30) days following such determination, if such determination is hereafter made, as applicable, Mortgagor shall, at its sole cost and expenses, develop and implement, and thereafter diligently and continuously carry out (or cause to be developed and implemented and thereafter diligently and continually to be carried out), an operations, abatement and maintenance plan for the Lead Based Paint on the Mortgaged Property, which plan shall be prepared by an expert, and be in form, scope and substance, acceptable to Mortgagee (together with any Lead Based Paint Report, the "O&M Plan"). (If an O&M Plan has been prepared prior to the date hereof, Mortgagor agrees to diligently and continually carry out (or cause to be carried out) the provisions thereof.) Compliance with the O&M Plan shall require or be deemed to require, without limitation, the proper preparation and maintenance of all records, papers and forms required under the Environmental Laws.

Intentionally Omitted Prior to Execution. Maker (and the undersigned representative of Maker, if any) represents that Maker has full power, authority and legal right to execute, deliver and perform its obligations pursuant to this Note, the Security Instrument and the other Loan Documents and that this Note, the Security Instrument and the other Loan Documents constitute valid and binding obligations of Maker.