Common use of Rights to Proceeds Clause in Contracts

Rights to Proceeds. If BPCA prosecutes Legal Proceedings against the Unit Owner or Mortgagee succeeds to the interest of the Unit Owner in the Unit, BPCA will recognize the rights of the Mortgagee against the proceeds realized by BPCA or by Mortgagee as a result thereof, subject, however, to the priorities as described herein and in Exhibit F of the Ground Lease and Section 6.6 of the By-Laws. Mortgagee shall indemnify BPCA against any loss, damage, claim and expense (including reasonable attorneys’ fees and disbursements) which BPCA may incur or suffer by reason of any claim by the Unit Owner regarding Mortgagee’s acts and BPCA’s acts undertaken upon Mortgagee’s request relating to this Agreement. The foregoing indemnity shall continue to apply to the acts of Mortgagee or its designee from and after any transfer of the Unit to Mortgagee or its designee. BPCA will give Mortgagee prompt notice of any such claim and Mortgagee may contest any such claim in the name and on behalf of BPCA, but at the expense of Mortgagee. BPCA will cooperate with the Mortgagee in such defense and execute all documents and take all acts reasonably required therefor.

Rights to Proceeds. If BPCA prosecutes Legal Proceedings against the Unit Owner or Residential Mortgagee succeeds to the interest of the Unit Owner in the Unit, BPCA will recognize the rights of the Residential Mortgagee against the proceeds realized by BPCA or by Residential Mortgagee as a result thereof, subject, however, to the priorities as described herein and in Exhibit F of the Ground Lease and Section 6.6 of the By-Laws. Residential Mortgagee shall indemnify BPCA against any loss, damage, claim and expense (including reasonable attorneys’ fees and disbursements) which BPCA may incur or suffer by reason of any claim by the Unit Owner regarding Residential Mortgagee’s acts and BPCA’s acts undertaken upon Residential Mortgagee’s request relating to this Agreement. The foregoing indemnity shall continue to apply to the acts of Residential Mortgagee or its designee from and after any transfer of the Unit to Residential Mortgagee or its designee. BPCA will give Residential Mortgagee prompt notice of any such claim and Residential Mortgagee may contest any such claim in the name and on behalf of BPCA, but at the expense of Residential Mortgagee. BPCA will cooperate with the Residential Mortgagee in such defense and execute all documents and take all acts reasonably required therefor.

Rights to Proceeds. If BPCA prosecutes Legal Proceedings against the Unit Owner or Mortgagee succeeds to the interest of the Unit Owner in the Unit, BPCA will recognize the rights of the Mortgagee against the proceeds realized by BPCA or by Mortgagee as a result thereof, subject, however, to the priorities as described herein and in Exhibit F of the Ground Lease and Section 6.6 of the By-LawsLease. Mortgagee shall indemnify BPCA against any loss, damage, claim and expense (including reasonable attorneys’ fees and disbursements) which BPCA may incur or suffer by reason of any claim by the Unit Owner regarding Mortgagee’s acts and BPCA’s acts undertaken upon Mortgagee’s request relating to this Agreement. The foregoing indemnity shall continue to apply to the acts of Mortgagee or its designee from and after any transfer of the Unit to Mortgagee or its designee. BPCA will give Mortgagee prompt notice of any such claim and Mortgagee may contest any such claim in the name and on behalf of BPCA, but at the expense of Mortgagee. BPCA will cooperate with the Mortgagee in such defense and execute all documents and take all acts reasonably required therefor.

Rights to Proceeds. If BPCA prosecutes Legal Proceedings against the Unit Owner or Residential Mortgagee succeeds to the interest of the Unit Owner in the Unit, BPCA will recognize the rights of the Residential Mortgagee against the proceeds realized by BPCA or by Residential Mortgagee as a result thereof, subject, however, to the priorities as described herein and in Exhibit F Article 43 of the Ground Lease and Section 6.6 of the By-Laws. Residential Mortgagee shall indemnify BPCA against any loss, damage, claim and expense (including reasonable attorneys’ fees and disbursements) which BPCA may incur or suffer by reason of any claim by the Unit Owner regarding Residential Mortgagee’s acts and BPCA’s acts undertaken upon Residential Mortgagee’s request relating to this Agreement. The foregoing indemnity shall continue to apply to the acts of Residential Mortgagee or its designee from and after any transfer of the Unit to Residential Mortgagee or its designee. BPCA will give Residential Mortgagee prompt notice of any such claim and Residential Mortgagee may contest any such claim in the name and on behalf of BPCA, but at the expense of Residential Mortgagee. BPCA will cooperate with the Residential Mortgagee in such defense and execute all documents and take all acts reasonably required therefor.

Rights to Proceeds. If BPCA prosecutes Legal Proceedings against the Unit Owner or Mortgagee succeeds to the interest of the Unit Owner in the Unit, BPCA will recognize the rights of the Mortgagee against the proceeds realized by BPCA or by Mortgagee as a result thereof, subject, however, to the priorities as described herein and in Exhibit F of the Ground Lease and Section 6.6 of Amendment to the By-LawsLease. Mortgagee shall indemnify BPCA against any loss, damage, claim and expense (including reasonable attorneys’ fees and disbursements) which BPCA may incur or suffer by reason of any claim by the Unit Owner regarding Mortgagee’s acts and BPCA’s acts undertaken upon Mortgagee’s request relating to this Agreementthe First Amendment of Lease. The foregoing indemnity shall continue to apply to the acts of Mortgagee or its designee from and after any transfer of the Unit to Mortgagee or its designee. BPCA will give Mortgagee prompt notice of any such claim and Mortgagee may contest any such claim in the name and on behalf of BPCA, but at the expense of Mortgagee. BPCA will cooperate with the Mortgagee in such defense and execute all documents and take all acts reasonably required therefor.