Common use of Release of Lessor Clause in Contracts

Release of Lessor. The Lessee for and in consideration of the leasing and the demise of the Property to the Lessee hereby release, remise and discharge the Lessor, its officers and employees, of and from all claims, demands, actions, whether in law or in equity which may be filed or asserted by the Lessee or its Assignees for or on account of improvements made and furniture, fixtures and equipment installed in the Property, and from any and all costs and expenses, of Lessee or its Assignees in connection with this Lease, including, but not limited to the development of the Property and acquisition of the Leasehold Improvements, which may result from a third party challenging the validity or legality of this transaction under the City Charter or Code or the laws of the State of Florida, or arising out of the award of this Lease, or any subsequent Assignment of this Lease by the Lessee or its Assignees (“Claim”). It is the intent of the Parties that this provision shall control over any other provision in this Lease and that notwithstanding any limited representations provided by Lessor under Section 2.5 of this Lease, neither the Lessee, nor its Assignees shall seek to recover from the Lessor compensation for, or reimbursement of any costs, losses, fees or expenses incurred by the Lessee or its Assignees, including expenses incurred in connection with the acquisition of this Lease or the financing, and/or installation of the Leasehold Improvements, or otherwise, as a result of any adverse judgment which may be entered or relief granted in connection with the Claim. The terms of this provision shall expressly be made a part of any future assignment or mortgage of the Leasehold Interest. In the event a Claim is filed or asserted within forty (40) days of the Effective Date, either party shall have the right to terminate this Lease and except as otherwise hereafter provided in this paragraph, the Parties shall thereupon be relieved of any and all further responsibility hereunder and neither Party shall have any further obligation under this Lease. In the event of such termination, Lessor shall return the Security Deposit to the Lessee, without interest. Lessor shall further prorate the Minimum Base Rent due, without a discount, from the Effective Date to the date of termination and shall refund to the Lessee the difference between the pre-paid rent and the amount of rent due. In the event a Claim is filed or asserted after the forty (40) day period has expired, or in the event the Parties agree not to terminate this Lease as provided above, Lessor agrees that it will defend against the Claim in good faith and with reasonable diligence. Lessee agrees that it shall continue to comply with the terms and conditions of this Lease including the timely performance of all construction obligations under this Lease, and the Claim shall not constitute an Event of Force Majeure under this Lease. Notwithstanding anything to the contrary in this Lease, in the event this Lease is terminated as a result of a Claim within the first two years of the Lease Term, Lessee shall be permitted to remove such movable trade fixtures installed as part of the initial Leasehold Improvements so long as same does not damage the Property. Lessee shall not be permitted to remove any equipment outlined in Exhibit “D” attached hereto and made a part hereof even if same was reconditioned by Lessee.

Release of Lessor. The Lessee for and in consideration of the leasing and the demise of the Property to the Lessee hereby release, remise and discharge the Lessor, its officers and employees, of and from all claims, demands, actions, whether in law or in equity which may be filed or asserted by the Lessee or its Assignees for or on account of improvements made and furniture, fixtures and equipment installed in the Property, and from any and all costs and expenses, of Lessee or its Assignees in connection with this Lease, including, but not limited to the development of the Property and acquisition of the Leasehold Improvements, which may result from a third party challenging the validity or legality of this transaction under the City of Miami Charter or Code or the laws of the State of Florida, or arising out of the award of this Lease, or any subsequent Assignment of this Lease by the Lessee or its Assignees (“Claim”). It is the intent of the Parties that this provision shall control over any other provision in this Lease and that notwithstanding any limited representations provided by Lessor under Section 2.5 of this Lease, neither the Lessee, nor its Assignees shall seek to recover from the Lessor compensation for, or reimbursement of any costs, losses, fees or expenses incurred by the Lessee or its Assignees, including expenses incurred in connection with the acquisition of this Lease or the financing, and/or installation of the Leasehold Improvements, or otherwise, as a result of any adverse judgment which may be entered or relief granted in connection with the Claim. The terms of this provision shall expressly be made a part of any future assignment or mortgage of the Leasehold Interest. In the event a Claim is filed or asserted within forty (40) days of the Effective Date, either party shall have the right to terminate this Lease and except as otherwise hereafter provided in this paragraph, the Parties shall thereupon be relieved of any and all further responsibility hereunder and neither Party shall have any further obligation under this Lease. In the event of such termination, Lessor shall return the Security Deposit to the Lessee, without interest. Lessor shall further prorate the Minimum Base Rent due, without a discount, from the Effective Date to the date of termination and shall refund to the Lessee the difference between the pre-paid rent and the amount of rent due. In the event a Claim is filed or asserted after the forty (40) day period has expired, or in the event the Parties agree not to terminate this Lease as provided above, Lessor agrees that it will defend against the Claim in good faith and with reasonable diligence. Lessee agrees that it shall continue to comply with the terms and conditions of this Lease including the timely performance of all construction obligations under this Lease, and the Claim shall not constitute an Event of Force Majeure under this Lease. Notwithstanding anything to the contrary in this Lease, in the event this Lease is terminated as a result of a Claim within the first two years of the Lease Term, Lessee shall be permitted to remove such movable trade fixtures installed as part of the initial Leasehold Improvements so long as same does not damage the Property. Lessee shall not be permitted to remove any equipment outlined in Exhibit “DC” attached hereto and made a part hereof even if same was reconditioned by Lessee.

Release of Lessor. The Lessee for and in consideration of the leasing and the demise of the Property to the Lessee hereby release, remise and discharge the Lessor, its officers and employees, of and from all claims, demands, actions, whether in law or in equity which may be filed or asserted by the Lessee or its Assignees for or on account of improvements made and furniture, fixtures and equipment installed in the Property, and from any and all costs and expenses, of Lessee or its Assignees in connection with this Lease, including, but not limited to the development of the Property and acquisition of the Leasehold Improvements, which may result from a third party challenging the validity or legality of this transaction under the City of Miami Charter or Code or the laws of the State of Florida, or arising out of the award of this Lease, or any subsequent Assignment of this Lease by the Lessee or its Assignees (“Claim”). It is the intent of the Parties that this provision shall control over any other provision in this Lease and that notwithstanding any limited representations provided by Lessor under Section 2.5 of this Lease, neither the Lessee, nor its Assignees shall seek to recover from the Lessor compensation for, or reimbursement of any costs, losses, fees or expenses incurred by the Lessee or its Assignees, including expenses incurred in connection with the acquisition of this Lease or the financing, and/or installation of the Leasehold Improvements, or otherwise, as a result of any adverse judgment which may be entered or relief granted in connection with the Claim. The terms of this provision shall expressly be made a part of any future assignment or mortgage of the Leasehold Interest. In the event a Claim is filed or asserted within forty (40) days of the Effective Date, either party shall have the right to terminate this Lease and except as otherwise hereafter provided in this paragraph, the Parties shall thereupon be relieved of any and all further responsibility hereunder and neither Party shall have any further obligation under this Lease. In the event of such termination, Lessor shall return the Security Deposit to the Lessee, without interest. Lessor shall further prorate the Minimum Base Rent due, without a discount, from the Effective Date to the date of termination and shall refund to the Lessee the difference between the pre-paid rent and the amount of rent due. In the event a Claim is filed or asserted after the forty (40) day period has expired, or in the event the Parties agree not to terminate this Lease as provided above, Lessor Xxxxxx agrees that it will defend against the Claim in good faith and with reasonable diligence. Lessee Xxxxxx agrees that it shall continue to comply with the terms and conditions of this Lease including the timely performance of all construction obligations under this Lease, and the Claim shall not constitute an Event of Force Majeure under this Lease. Notwithstanding anything to the contrary in this Lease, in the event this Lease is terminated as a result of a Claim within the first two years of the Lease Term, Lessee shall be permitted to remove such movable trade fixtures installed as part of the initial Leasehold Improvements so long as same does not damage the Property. Lessee shall not be permitted to remove any equipment outlined in Exhibit “DC” attached hereto and made a part hereof even if same was reconditioned by LesseeXxxxxx.

Release of Lessor. The Lessee and its assignees for and in consideration of the leasing and the demise of the Property Premises to the Lessee hereby release, remise and discharge the Lessor, its officers and employees, of and from all claims, demands, actions, whether in law or in equity which may be filed or asserted by the Lessee or its Assignees assignees for or on account of improvements made and furniture, fixtures and equipment installed in the PropertyPremises, and from any and all costs and expenses, of Lessee or its Assignees assignees in connection with this Lease, including, but not limited to the development of the Property Premises and acquisition of the Leasehold Improvements, which may result from a third party challenging the validity or legality of this transaction under the City Charter or Code or the laws of the State of Florida, or arising out of the award of this LeaseLease Agreement, or any subsequent Assignment assignment of this Lease by the Lessee or its Assignees assignees (the “Claim”). It is the intent of the Parties that this provision shall control over any other provision in this Lease Agreement and that notwithstanding any limited representations provided by Lessor under Section 2.5 2.4 of this Lease, neither the Lessee, nor its Assignees assignees shall seek to recover from the Lessor compensation for, or reimbursement of any costs, losses, fees or expenses incurred by the Lessee or its Assigneesassignees, including expenses incurred in connection with the acquisition of this Lease or the financing, and/or installation of the Leasehold Improvements, or otherwise, as a result of any adverse judgment which may be entered or relief granted in connection with the Claim. The terms of this provision shall expressly be made a part of any future assignment or mortgage of the Leasehold Interest. In the event a Claim is filed or asserted within forty (40) days of the Effective Lease Date, either party shall have the right to terminate this Lease and except as otherwise hereafter provided in this paragraph, the Parties shall thereupon be relieved of any and all further responsibility hereunder and neither Party shall have any further obligation under this Lease. In the event of such termination, Lessor shall return the Security Deposit to the Lessee, without interest. Lessor shall further prorate the Minimum Base Rent due, without a discount, from the Effective Lease Date to the date of termination and shall refund to the Lessee the difference between the pre-paid rent and the amount of rent due. In the event a Claim is filed or asserted after the forty (40) day period has expired, or in the event the Parties agree not to terminate this Lease as provided above, Lessor agrees that it will defend against the Claim in good faith and with reasonable diligence. Lessee agrees that it shall continue to comply with the terms and conditions of this Lease including the timely performance of all construction obligations under this Lease, and the Claim shall not constitute an Event of Force Majeure under this Lease. Notwithstanding anything to the contrary in this Lease, in the event this Lease is terminated as a result of a Claim within the first two years of the Lease Term, Lessee shall be permitted to remove such movable trade fixtures installed as part of the initial Leasehold Improvements so long as same does not damage the Property. Lessee shall not be permitted to remove any equipment outlined in Exhibit “D” attached hereto and made a part hereof even if same was reconditioned by LesseePremises.