Common use of Landlord's Liability; Certain Duties Clause in Contracts

Landlord's Liability; Certain Duties. As used in this Lease, the term “Landlord” means only the current owner or owners of the fee title to the Leased Premises, Building or Property or the leasehold estate under a ground lease of the Leased Premises, Building or Property at the time in question. Each Landlord is obligated to perform the obligations of Landlord under this Lease only during the time such Landlord owns such interest or title. Any Landlord who transfers its title or interest is relieved of all liability with respect to the obligations of Landlord under this Lease to be performed on or after the date of transfer, provided that such transfer is not for the primary purpose of avoiding such obligations and that the succeeding Landlord assumes all of the prior Landlord’s duties and obligations under the Lease. However, each Landlord shall deliver to its transferee all funds previously paid by Tenant if such funds have not yet been applied under the terms of this Lease. Tenant agrees that it shall look solely to the estate and property of the Landlord in the Property (including rental income and insurance proceeds) for collection of any judgment (or other judicial process) requiring the payment of money by Landlord of its obligations under this Lease subject to the prior rights of any ground or underlying holder of any mortgage covering the Property or Landlord’s interest therein.

Appears in 1 contract

Sources: Warehouse Space Lease Agreement (Body Central Corp)

Landlord's Liability; Certain Duties. a) As used in this Lease, the term “Landlord” means only the current owner or owners owners, at the time in question, of the fee title to leasehold estate under any ground lease of the Leased Premises, Building or Property or the if there is no leasehold estate under a ground lease of the Leased Premises, Building the owner or Property at owners of the time in questionfee title to the Premises. Each Landlord landlord is obligated to perform the obligations of Landlord under this Lease only during the time such Landlord owns such interest or title. Any Landlord landlord who transfers its title or interest is relieved of all liability with respect to the obligations of Landlord under this Lease to be performed on or after the date of transfer, provided that such and upon transfer is not for the primary purpose of avoiding such obligations and that the succeeding Landlord assumes all of the prior Landlord’s duties and interest or title, the transferee, by accepting such transfer, shall be deemed to have assumed Landlord’s obligations under this Lease to be performed on and after the Lease. However, each Landlord date of transfer (and shall deliver be deemed to its transferee have received all funds that Tenant previously paid by Tenant to Landlord if such funds have not yet been applied under the terms of this Lease). Tenant agrees that it Each landlord remains fully liable for any and all obligations during the Lease Term for the duration of such landlord’s ownership. The foregoing shall look solely in no way limit Tenant’s rights under this Lease, including, without limitation, any right set forth in this Lease to offset from Rent for events which may have occurred prior to the estate and property transfer of the Landlord in the Property (including rental income and insurance proceeds) for collection of any judgment (or other judicial process) requiring the payment of money by Landlord of its obligations under this Lease subject to the prior rights of any ground or underlying holder of any mortgage covering the Property or Landlord’s interest thereininterest.

Appears in 1 contract

Sources: Lease Agreement (Lifetime Brands, Inc)