Common use of NO RELEASE OR TERMINATION Clause in Contracts

NO RELEASE OR TERMINATION. No act or failure to act on the part of Landlord that would entitle Tenant under the terms of this Lease or by law to be relieved of Tenant's obligations hereunder or to terminate this Lease shall result in a release or termination of such obligations or a termination of this Lease unless (i) Tenant shall have first given written notice of Landlord's act or failure to act to Landlord's mortgagee(s) of record, if any, specifying the act or failure to act on the part of Landlord that could or would give basis to Tenant's rights, and (ii) such mortgagee(s), after receipt of such notice, have failed or refused to correct or cure the condition complained of within a reasonable time thereafter; but nothing contained in this Section 8.5 shall be deemed to impose any obligation on any such mortgagee to correct or cure any such condition. "Reasonable time" as used above means and includes a reasonable time to obtain possession of the mortgaged premises, if the mortgagee elects to do so, and a reasonable time to correct or cure the condition if such condition is determined to exist.

Appears in 1 contract

Samples: Firepond, Inc.

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NO RELEASE OR TERMINATION. No act or failure to act on the part of Landlord that which would entitle Tenant under the terms of this Lease Lease, or by law law, to be relieved of Tenant's ’s obligations hereunder or to terminate this Lease Lease, shall result in a release or termination of such obligations or a termination of this Lease unless (i) Tenant shall have first given written notice of Landlord's ’s act or failure to act to Landlord's mortgagee(s) ’s mortgagees of record, if any, the addresses for whom previously have been provided in writing to Tenant, specifying the act or failure to act on the part of Landlord that which could or would give basis to Tenant's ’s rights, and (ii) such mortgagee(s)mortgagees, after receipt of such notice, have failed or refused to correct or cure the condition complained of within a reasonable time thereafter; , but nothing contained in this Section 8.5 shall be deemed to impose any obligation on any such mortgagee to correct or cure any such condition. "Reasonable time" as used above means and includes a reasonable time to obtain possession of the mortgaged premises, if the mortgagee elects to do so, and a reasonable time to correct or cure the condition if such condition is determined to exist. The foregoing shall not apply to any rights to Tenant to terminate in the event of a casually or taking.

Appears in 1 contract

Samples: Sublease Agreement (Demandware Inc)

NO RELEASE OR TERMINATION. No act or failure to act on the part of Landlord that which would entitle Tenant under the terms of this Lease Lease, or by law law, to be relieved of Tenant's obligations hereunder or to terminate this Lease Lease, shall result in a release or termination of such obligations or a termination of this Lease unless (i) Tenant shall have first given give written notice of Landlord's act or failure to act to Landlord's mortgagee(s) of mortgagees or record, if any, specifying the act or failure to act on the part of Landlord that which could or would give basis to Tenant's rights, rights and (ii) such mortgagee(s)mortgagees, after receipt of such notice, have failed or refused to correct or cure the condition complained of within a reasonable time thereafter; but nothing contained in this Section 8.5 shall be deemed to impose any obligation on any such mortgagee to correct or cure any such condition. "Reasonable time" time as used above means and includes a reasonable time to obtain possession of the mortgaged premises, if the mortgagee elects to do so, and a reasonable time to correct or cure the condition if such condition is determined to exist.

Appears in 1 contract

Samples: Lease Agreement (Dobson Communications Corp)

NO RELEASE OR TERMINATION. No act or failure to act on the part of Landlord that which would entitle Tenant under the terms of this Lease Lease, or by law law, to be relieved of Tenant's obligations hereunder or to terminate this Lease Lease, shall result in a release or termination of such obligations or a termination of this Lease unless (i) Tenant shall have first given written notice of Landlord's act or failure to act to Landlord's mortgagee(s) mortgagees of record, if any, specifying the act or failure to act on the part of Landlord that which could or would give basis to Tenant's rights, rights and (ii) such mortgagee(s)mortgagees, after receipt of such notice, have failed or refused to correct or cure the condition complained of within a reasonable time thereafter; , but nothing contained in this Section 8.5 shall be deemed to impose any obligation on any such mortgagee to correct or cure any such condition. "Reasonable time" as used above means and includes a reasonable time to obtain possession of the mortgaged premises, if the mortgagee elects to do so, and a reasonable time to correct or cure the condition if such condition is determined to exist.

Appears in 1 contract

Samples: Photoelectron Corp

NO RELEASE OR TERMINATION. No Except as provided in Section 8.7 below, no act or failure to act on the part of Landlord that which would entitle Tenant under the terms of this Lease Lease, or by law law, to be relieved of Tenant's ’s obligations hereunder or to terminate this Lease Lease, shall result in a release or termination of such obligations or a termination of this Lease unless (i) Tenant shall have first given written notice of Landlord's ’s act or failure to act to Landlord's mortgagee(s) ’s mortgagees of record, if any, the addresses for whom previously have been provided in writing to Tenant, specifying the act or failure to act on the part of Landlord that which could or would give basis to Tenant's ’s rights, and (ii) such mortgagee(s)mortgagees, after receipt of such notice, have failed or refused to correct or cure the condition complained of within a reasonable time thereafter; , but nothing contained in this Section 8.5 shall be deemed to impose any obligation on any such mortgagee to correct or cure any such condition. "Reasonable time" as used above means and includes a reasonable time to obtain possession of the mortgaged premises, if the mortgagee elects to do so, and a reasonable time to correct or cure the condition if such condition is determined to exist.

Appears in 1 contract

Samples: Sublease (Demandware Inc)

NO RELEASE OR TERMINATION. No act or failure to act on the part of Landlord that would entitle Tenant under the terms of this Lease or by law to be relieved of Tenant's ’s obligations hereunder or to terminate this Lease shall result in a release or termination of such obligations or a termination of this Lease unless (i) Tenant shall have first given written notice of Landlord's ’s act or failure to act to Landlord's ’s mortgagee(s) of record, if any, specifying the act or failure to act on the part of Landlord that could or would give basis to Tenant's ’s rights, and (ii) such mortgagee(s), after receipt of such notice, have failed or refused to correct or cure the condition complained of within a reasonable time thereafter; but nothing contained in this Section 8.5 shall be deemed to impose any obligation on any such mortgagee to correct or cure any such condition. "Reasonable time" as used above means and includes a reasonable time to obtain possession of the mortgaged premises, if the mortgagee elects to do so, and a reasonable time to correct or cure the condition if such condition is determined to exist, but in no event shall reasonable time exceed sixty (60) days.

Appears in 1 contract

Samples: Lease (HeartWare International, Inc.)

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NO RELEASE OR TERMINATION. No act or failure to act on the part of Landlord that which would entitle Tenant under the terms of this Lease Lease, or by law law, to be relieved of Tenant's obligations hereunder or to terminate ter urinate this Lease Lease, shall result in a release or termination of such obligations or a termination of this Lease unless (i) Tenant shall have first given written notice of Landlord's act or failure to act to Landlord's mortgagee(s) mortgagees of record, if any, specifying the act or failure to act on the part of Landlord that which could or would give basis to Tenant's rights, rights and (ii) such mortgagee(s)mortgagees, after receipt of such notice, have failed or refused to correct or cure the condition complained of within a reasonable time thereafter; , but nothing contained in this Section 8.5 shall be deemed to impose any obligation on any such mortgagee to correct or cure any such condition. "Reasonable time" as used above means and includes a reasonable time to obtain possession of the mortgaged premises, if the mortgagee elects to do so, and a reasonable time to correct or cure the condition if such condition is determined to exist.

Appears in 1 contract

Samples: Javelin Pharmaceuticals, Inc

NO RELEASE OR TERMINATION. No act or failure to act on the part of Landlord that which would entitle Tenant under the terms of this Lease Lease, or by law law, to be relieved of Tenant's obligations hereunder or to terminate this Lease Lease, shall result in a release or termination of such obligations or a termination of this Lease unless (i) Tenant shall have first given written notice of Landlord's act or failure to act to Landlord's mortgagee(s) mortgagees of record, if any, specifying the act or failure to act on the part of Landlord that which could or would give basis to Tenant's rights, ; and (ii) such mortgagee(s)mortgagees, after receipt of such notice, have failed or refused to correct or cure the condition complained of within a reasonable time thereafter; but nothing contained in this Section 8.5 8.3 shall be deemed to impose any obligation on any such mortgagee to correct or cure any such condition. "Reasonable time" times as used above means and includes a reasonable time to obtain possession of the mortgaged premises, if the mortgagee elects to do so, and a reasonable time time, not less than thirty (30) days, to correct or cure the condition if such condition is determined to exist.. Notwithstanding the foregoing, the period of time during which Landlord's mortgagees shall have to cure the following defaults or failures of Landlord (should they occur):

Appears in 1 contract

Samples: Lease (Hagler Bailly Inc)

NO RELEASE OR TERMINATION. No Except as provided in Section 8.7 below, no act or failure to act on the part of Landlord that which would entitle Tenant under the terms of this Lease Lease, or by law law, to be relieved of Tenant's ’s obligations hereunder or to terminate this Lease Lease, shall result in a release or termination of such obligations or a termination of this Lease unless (i) Tenant shall have first given written notice of Landlord's ’s act or failure to act to Landlord's mortgagee(s) ’s mortgagees of record, if any, the addresses for whom previously have been provided in writing to Tenant, specifying the act or failure to act on the part of Landlord that which could or would give basis to Tenant's ’s rights, and (ii) such mortgagee(s)mortgagees, after receipt of such notice, have failed or refused to correct or cure the condition complained of within a reasonable time thereafter; , but nothing contained in this Section 8.5 shall be deemed to impose any obligation on any such mortgagee to correct or cure any such condition. "Reasonable time" as used above means and includes a reasonable time to obtain possession of the mortgaged premises, if the mortgagee elects to do so, and a reasonable time to correct or cure the condition if such condition is determined to exist. The foregoing shall not apply to any rights to Tenant to terminate in the event of a casually or taking.

Appears in 1 contract

Samples: Lease (Demandware Inc)

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