No Waiver of Xxxxxx's Obligations or Xxxxxx's Rights Sample Clauses

No Waiver of Xxxxxx's Obligations or Xxxxxx's Rights. Nothing contained herein or in any Permitted Leasehold Mortgage shall be deemed or construed to relieve Lessee from the full and faithful observance and performance of its covenants, conditions and agreements contained in this Ground Lease, or from any liability for the non-observance or non-performance thereof, or to require, allow or provide for the subordination to the lien of such Permitted Leasehold Mortgage or to any Permitted Leasehold Mortgagee of any estate, right, title or interest of the Lessor in or to the Ground Lease, Premises or Property, nor shall the Lessor be required to join in such mortgage financing or be liable for same in any way. Xxxxxx’s interest in the Property and this Ground Lease, as the same may be modified, amended or renewed, will not at any time be subject or subordinate to (a) any mortgage now or hereafter placed upon Xxxxxx's interest in this Ground Lease, or (b) any other liens or encumbrances hereafter affecting Xxxxxx's interest in this Ground Lease. Lessor represents and warrants to Lessee that no mortgages currently exist against its fee interest in the Property, and acknowledges that this Ground Lease shall not be subordinate to any future mortgage against the fee interest in the Property. Notwithstanding anything to the contrary contained in this Ground Lease, if all or any portion of the interest of Lessor in the Property or this Ground Lease shall be acquired by reason of foreclosure of any mortgage, security agreement, lien or other encumbrance or other proceedings brought to enforce the rights of the holder(s) thereof, by deed in lieu of foreclosure or by any other method, and as a result any Person succeeds to such interests of City, this Ground Lease and the rights of Lessee hereunder shall continue in full force and effect and shall not be terminated or disturbed except as otherwise expressly permitted by the terms of this Ground Lease.
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Related to No Waiver of Xxxxxx's Obligations or Xxxxxx's Rights

  • No Waiver The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

  • Governing Law and Venue This Contract has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of California. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another county.

  • Limitation of Liability No provision hereof, in the absence of any affirmative action by the Holder to exercise this Warrant to purchase Warrant Shares, and no enumeration herein of the rights or privileges of the Holder, shall give rise to any liability of the Holder for the purchase price of any Common Stock or as a stockholder of the Company, whether such liability is asserted by the Company or by creditors of the Company.

  • Remedies The Holder, in addition to being entitled to exercise all rights granted by law, including recovery of damages, will be entitled to specific performance of its rights under this Warrant. The Company agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Warrant and hereby agrees to waive and not to assert the defense in any action for specific performance that a remedy at law would be adequate.

  • Survival The representations and warranties contained herein shall survive the Closing and the delivery of the Securities.

  • No Third-Party Beneficiaries This Agreement is intended for the benefit of the parties hereto and their respective permitted successors and assigns, and is not for the benefit of, nor may any provision hereof be enforced by, any other person.

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • Waiver The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.

  • Warranties a. The Investor(s) makes the following representations and warranties to Escrow Agent:

  • Non-Discrimination 1. Nationals of a Contracting State shall not be subjected in the other Contracting State to any taxation or any requirement connected therewith, which is other or more burdensome than the taxation and connected requirements to which nationals of that other State in the same circumstances, in particular with respect to residence, are or may be subjected. This provision shall, notwithstanding the provisions of Article 1, also apply to persons who are not residents of one or both of the Contracting States.

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