Common use of Mortgagee Protection Clause Clause in Contracts

Mortgagee Protection Clause. Lessee agrees to notify any mortgagee and/or trust deed holders, by registered mail, with a copy of any notice of default served upon the Lessor, provided that prior to such notice Lessee has been notified in writing (by way of Notice of Assignment of Rents and Lease, or otherwise) of the addresses of such mortgagees and/or trust deed holders. Lessee further agrees that if Lessor shall have failed to cure such default, then the mortgagees and/or trust deed holders have thirty (30) days within which to cure such default or if such default cannot be cured within that time, then such additional times as may be necessary if within such thirty (30) days any mortgagee and/or trust deed holder has commenced and is diligently pursuing the remedies necessary to cure such default (including but not limited to commencement of foreclosure proceedings if necessary to affect such cure), in which event this Lease shall not be terminated if such remedies are being so diligently pursued.

Appears in 11 contracts

Samples: Industrial Lease Multiple Tenant (Rolltech Inc), Industrial Lease Single Tenant (Tullys Coffee Corp), Industrial Lease Single Tenant (Tullys Coffee Corp)

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Mortgagee Protection Clause. Lessee Tenant agrees to notify give any mortgagee mortgagees and/or trust deed holders, by registered mail, with a copy of any notice of default default, served upon the LessorLandlord, provided that prior to delivery of such notice Lessee Tenant has been notified in writing (by way of Notice of Assignment of Rents and LeaseLeases, or otherwise) of the addresses of such mortgagees and/or trust deed holdersholders and the same have executed a Non-Disturbance Agreement as provided and defined below. Lessee Tenant further agrees that if Lessor Landlord shall have failed to cure such defaultdefault within the time provided for in this Lease, then the mortgagees and/or trust deed holders shall have thirty an additional fifteen days (3015) days within which to cure such default or if such default cannot be cured within that time, then such additional times time as may be necessary if within such thirty fifteen days (3015) days any mortgagee and/or trust deed holder has commenced and is diligently pursuing the remedies necessary to cure such default (including but not limited to commencement of foreclosure proceedings if necessary to affect effect such cure), in which event this Lease shall not be terminated if while such remedies are being so diligently pursued.

Appears in 2 contracts

Samples: Lease Agreement (Petco Animal Supplies Inc), Lease Agreement (Petco Animal Supplies Inc)

Mortgagee Protection Clause. Lessee agrees to use reasonable efforts to notify any mortgagee and/or trust deed holders, by registered mail, with a copy of any notice of default served upon the Lessor, provided that prior to such notice Lessee has been notified in writing (by way of Notice of Assignment of Rents and Lease, or otherwise) of the addresses of such mortgagees and/or trust deed holders. Lessee further agrees that if Lessor shall have failed to cure such default, then the mortgagees and/or trust deed holders have thirty (30) days within which to cure such default or if such default cannot be cured within that time, then such additional times as may be necessary if within such thirty (30) days any mortgagee and/or trust deed holder has commenced and is diligently pursuing the remedies necessary to cure such default (including but not limited to commencement of foreclosure proceedings if necessary to affect such cure), in which event this Lease shall not be terminated if such remedies are being so diligently pursued.

Appears in 2 contracts

Samples: Office Lease (Microvision, Inc.), Office Lease (Microvision, Inc.)

Mortgagee Protection Clause. Lessee agrees to notify any mortgagee and/or trust deed holders, by registered mail, with a copy of any notice of default served upon the Lessor, provided that prior Prior to such notice Lessee has been notified in writing (by way of Notice of Assignment of Rents and Lease, or otherwise) of the addresses of such mortgagees and/or trust deed holders. Lessee further agrees that if Lessor shall have failed to cure such default, then the mortgagees and/or trust deed holders have thirty (30) days within which to cure such default or if such default cannot be cured within that time, then such additional times time as may be necessary if within such thirty (30) days any mortgagee and/or trust deed holder has commenced and is diligently pursuing the remedies necessary to cure such default (including but not limited to commencement of foreclosure proceedings if necessary to affect effect such cure), in which event this Lease shall not be terminated if such remedies are being so diligently pursued.

Appears in 1 contract

Samples: Retail Lease (Briazz Inc)

Mortgagee Protection Clause. Lessee agrees to notify any mortgagee and/or trust deed holders, by registered mail, with a copy of any notice of default served upon the Lessor, provided that prior to such notice Lessee has been notified not)notified in writing (by way of Notice of Assignment of Rents and Lease, or otherwise) of the addresses of such mortgagees and/or trust deed holders. Lessee further agrees that if Lessor shall have failed to cure such default, then the mortgagees and/or trust deed holders have thirty (30) days within which to cure such default or if such default cannot be cured within that time, then such additional times as may be necessary if within such thirty (30) days any mortgagee and/or trust deed holder has commenced and is diligently pursuing the remedies necessary to cure such default (including but not limited to commencement of foreclosure proceedings if necessary to affect such cure), in which event this Lease shall not be terminated if such remedies are being so diligently pursued.

Appears in 1 contract

Samples: Office Lease (Targeted Genetics Corp /Wa/)

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Mortgagee Protection Clause. Lessee Tenant agrees to notify give any mortgagee mortgagees and/or trust deed holders, by registered mail, with a copy of any notice of default served upon the Lessor, Landlord provided that prior to such notice Lessee Tenant has been notified notified, in writing (by way of Notice notice of Assignment assignment of Rents rents and Lease, leases or otherwise) of the addresses address of such mortgagees and/or trust deed holders. Lessee Tenant further agrees that if Lessor Landlord shall have failed to cure such defaultdefault within the time provided for in this Lease, then the mortgagees and/or trust deed holders holder shall have thirty (30) an additional 30 days within which to cure such default or if such default cannot be cured within that time, then such additional times time as may be necessary necessary, if within such thirty (30) days 30 days, any mortgagee mortgages and/or trust deed holder has commenced and is diligently pursuing the remedies necessary to cure such default (including including, but not limited to commencement of foreclosure proceedings proceedings, if necessary to affect effect such cure), in which event cute) this Lease shall not be terminated if while such remedies are being so diligently pursued.

Appears in 1 contract

Samples: Lease Agreement (Volu-Sol Reagents CORP)

Mortgagee Protection Clause. Lessee Tenant agrees to notify give any mortgagee mortgagees and/or deed of trust deed holders, by registered mail, with a copy of any notice of default served upon the LessorLandlord, provided that prior to such notice Lessee Tenant has been notified in writing (by way of Notice of Assignment of Rents and LeaseLeases, or otherwise) of the addresses of such mortgagees and/or or deed of trust deed holders. Lessee Tenant further agrees that if Lessor Landlord shall have failed to cure such defaultdefault within the time provided for in this Lease, then the mortgagees and/or or deed of trust deed holders shall have an additional thirty (30) days within which to cure such default or if such default cannot be cured within that time, then such additional times time as may be necessary if within such thirty (30) days any mortgagee and/or or deed of trust deed holder has commenced and is diligently pursuing the remedies necessary to cure such default (including but not limited to commencement of foreclosure proceedings if necessary to affect effect such cure), in which event this Lease shall not be terminated if such remedies are being so diligently pursued.

Appears in 1 contract

Samples: University Village (J Crew Operating Corp)

Mortgagee Protection Clause. Lessee agrees to notify any mortgagee and/or trust deed holders, by registered or certified mail, with a copy of any notice of default served upon the Lessor, provided that prior to such notice Lessee has been notified in writing (by way of Notice of Assignment of Rents and Lease, or otherwise) of the names and addresses of such mortgagees and/or trust deed holders. Lessee further agrees that if Lessor shall have failed to cure such default, then the mortgagees and/or trust deed holders have thirty (30) days within which to cure such default. In addition, if Lessor's default does not interfere with or adversely affect Lessee's conduct of its business at the Premises, and if such default cannot be cured within that timesuch thirty (30) day period, then the mortgagees and/or trust deed holders shall have such additional times time as may be necessary if within such thirty (30) days any mortgagee and/or trust deed holder has commenced and is diligently pursuing the remedies necessary to cure such default (including but not limited to commencement of foreclosure proceedings if necessary to affect such cure), in which event this Lease shall not be terminated if so long as such remedies are being so diligently pursued.

Appears in 1 contract

Samples: Office Lease (Shopnow Com Inc)

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