Common use of Liability of Leasehold Mortgagee Clause in Contracts

Liability of Leasehold Mortgagee. If any Leasehold Mortgagee becomes the Tenant hereunder, by Foreclosure of the Leasehold Mortgage, or under a new Lease under Section 18 below, the parties agree and acknowledge such Leasehold Mortgagee shall not be liable or responsible for and shall not be deemed to have assumed liability for any other prior actions, omissions , defaults, breaches or other events caused by or relating to any prior Tenant, such Leasehold Mortgagee shall only be liable and responsible for acts, omissions, defaults, breaches or events occurring while it is Tenant, but the prior Tenant(s) shall not be released from liability for prior occurrences. Nothing set forth in this Section 17.5 limits or otherwise modifies Landlord’s remedy under Section 17.2 to terminate this Lease for certain Defaults, subject to Leasehold Mortgagee’s right to cure a Default in accordance with the provisions of this Section 17, and right to enter into a new lease in accordance with the provisions of Section 18.

Appears in 2 contracts

Samples: Land and Improvements Lease, Modification Agreement

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Liability of Leasehold Mortgagee. If any Leasehold Mortgagee becomes the Tenant hereunder, by Foreclosure foreclosure of the Leasehold Mortgage, deed in lieu of foreclosure or under a new Lease under Section 18 25 below, the parties agree and acknowledge such Leasehold Mortgagee shall not be liable or responsible for and shall not be deemed to have assumed liability for any other prior actions, omissions omissions, defaults, breaches or other events caused by or relating to any prior the original Tenant. Rather, such Leasehold Mortgagee shall only be liable and responsible for acts, omissions, defaults, breaches or events occurring while it is Tenant, but the prior Tenant(s) shall not be released from liability for prior occurrencesTenant hereunder. Nothing set forth in this Section 17.5 (i) releases the Tenant from liability arising from events during Tenant’s operation of the Property, nor (ii) limits or otherwise modifies Landlord’s remedy under Section 17.2 to terminate this Lease for certain DefaultsEvents of Default, subject to Leasehold Mortgagee’s right to cure a an Event of Default in accordance with the provisions of this Section 1720, and right to enter into a new lease in accordance with the provisions of Section 1825. In the event that Leasehold Mortgagee acquires Tenant’s position under the Lease, Leasehold Mortgagee assumes all terms of the Lease during the period of its interest as Tenant hereunder.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

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Liability of Leasehold Mortgagee. If The parties agree and acknowledge that any successor-in-interest to Tenant, including any Leasehold Mortgagee who becomes the Tenant hereunder, by Foreclosure foreclosure of the Leasehold Mortgage, Mortgage or under a new Lease under Section 18 below, the parties agree and acknowledge such Leasehold Mortgagee below shall not be liable or responsible for and shall not be deemed to have assumed liability for any other prior actions, omissions omissions, defaults, breaches or other events caused by or relating to any prior Tenantthe original Tenant other than the payment of rent and other amounts due or payable hereunder. Rather, such successor-in-interest to Tenant or Leasehold Mortgagee Mortgagee, as the case may be, shall only be liable and responsible for acts, omissions, defaults, breaches or events occurring while it is Tenant, but the prior Tenant(s) shall not be released from liability for prior occurrencesTenant hereunder. Nothing set forth in this Section 17.5 (i) releases the Tenant from liability arising from events during Tenant's operation of the Premises, nor (ii) limits or otherwise modifies Landlord’s 's remedy under Section 17.2 to terminate this Lease for certain DefaultsEvents of Default, subject to Leasehold Mortgagee’s 's right to cure a an Event of Default in accordance with the provisions of this Section Article 17, and right to enter into a new lease in accordance with the provisions of Section Article 18.

Appears in 1 contract

Samples: Land and Improvements Lease

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