Tenancy in Common. Each of the entities comprising Landlord respectively acknowledge that all of such entities comprising Landlord are jointly and severally liable for the performance and satisfaction of all obligations of Landlord as set forth herein. Pursuant to that certain Tenancy-In-Common Agreement dated of even date herewith by and among CGA TIC 1, CGA TIC 2 and CK TIC (the “TIC Agreement”), each entity comprising Landlord has appointed CK TIC to act on its behalf as its agent under the TIC Agreement and authorizes CK TIC to take such actions on its behalf and to exercise such powers delegated to CK TIC by the terms of the TIC Agreement, together with such actions and powers incidental thereto. Construction Agent shall be entitled to rely on any and all communications or acts of CK TIC with respect to the exercise of any rights or the granting of any consent, waiver or approval on behalf of the entities comprising DMEAST #39698570 v7 24 Landlord in all circumstances where an action by Landlord is required or permitted pursuant to this Agreement without the right or necessity of making any inquiry of any individual entity comprising Landlord as to the authority of CK TIC with respect to such matter.
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Sources: Construction Agency Agreement (Progress Energy Inc)
Tenancy in Common. DMEAST #39566949 v10 35 Each of the entities comprising Landlord respectively acknowledge that all of such entities comprising Landlord are jointly and severally liable for the performance and satisfaction of all obligations of Landlord as set forth herein. Pursuant to that certain Tenancy-In-Common Agreement dated of even date herewith by and among CGA TIC 1, CGA TIC 2 and CK TIC 3 (the “TIC Agreement”), each entity comprising Landlord has appointed CK TIC 3 to act on its behalf as its agent under the TIC Agreement and authorizes CK TIC 3 to take such actions on its behalf and to exercise such powers delegated to CK TIC 3 by the terms of the TIC Agreement, together with such actions and powers incidental thereto. Construction Agent Tenant shall be entitled to rely on any and all communications or acts of CK TIC 3 with respect to the exercise of any rights or the granting of any consent, waiver or approval on behalf of the entities comprising DMEAST #39698570 v7 24 Landlord in all circumstances where an action by Landlord is required or permitted pursuant to this Agreement without the right or necessity of making any inquiry of any individual entity comprising Landlord as to the authority of CK TIC 3 with respect to such matter.. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] DMEAST #39566949 v10 36
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