Common use of Waiver of Landlord’s Lien Clause in Contracts

Waiver of Landlord’s Lien. Notwithstanding anything contained herein to the contrary, Landlord hereby waives any statutory liens and any rights of distress with respect to Tenant’s Personalty. This Lease does not grant a contractual lien or any other security interest to Landlord or in favor of Landlord with respect to Tenant’s Personalty. Respecting any mortgagee or other lender of Tenant having a security interest in Tenant’s Personalty (“Tenant’s Mortgagee”), Landlord agrees as follows: (a) to provide Tenant’s Mortgagee, upon written request of Tenant (accompanied by the name and address of Tenant’s Mortgagee), with a copy of any default notice(s) given to Tenant under this Lease; provided, however, that (i) Landlord acknowledges and agrees that with respect to Wachovia Bank, National Association, as agent, as Tenant’s Mortgagee, such Tenant request shall be deemed to have been made as of the Effective Date, and (ii) the failure to deliver such notice shall not constitute a default by Landlord hereunder, and (b) to allow Tenant’s Mortgagee, prior to any termination of this Lease or repossession of the applicable Property Location by Landlord, the same notice rights and period of time to cure such default as is allowed Tenant under this Lease, and (c) to permit Tenant’s Mortgagee to go upon the applicable Property Location for the purpose of removing Tenant’s Personalty any time within ninety (90) days after the effective date of any termination of this Lease or any repossession of the Premises or any part thereof by Landlord. Landlord further agrees to execute and deliver the form of written waiver reasonably requested by Tenant’s Mortgagee from time to time to evidence or effect the aforesaid waiver and agreements of Landlord or substantially in the form attached hereto as Exhibit F.

Waiver of Landlord’s Lien. Notwithstanding anything contained herein to the contrary, Landlord hereby waives any statutory liens and any rights of distress with respect to Tenant’s Personalty. This Lease does not grant a contractual lien or any other security interest to Landlord or in favor of Landlord with respect to Tenant’s Personalty. Respecting any mortgagee or other lender of Tenant having a security interest in Tenant’s Personalty (“Tenant’s Mortgagee”), Landlord agrees as follows: (a) to provide Tenant’s Mortgagee, upon written request of Tenant (accompanied by the name and address of Tenant’s Mortgagee), with a copy of any default notice(s) given to Tenant under this Lease; provided, however, that (i) Landlord acknowledges and agrees that with respect to Wachovia Xxxxx Fargo Bank, National Association, as agent, as Tenant’s Mortgagee, such Tenant request shall be deemed to have been made as of the Effective Date, Date and (ii) the failure to deliver such notice shall not constitute a default by Landlord hereunder, and (b) to allow Tenant’s Mortgagee, prior to any termination of this Lease or repossession of the applicable Property Location Premises by Landlord, the same notice rights and period of time to cure such default as is allowed Tenant under this Lease, and (c) to permit Tenant’s Mortgagee to go upon the applicable Property Location Premises for the purpose of removing Tenant’s Personalty any time within ninety (90) days after the effective date of any termination of this Lease or any repossession of the Premises or any part thereof by Landlord. Landlord further agrees to execute and deliver the form of written waiver reasonably requested by Tenant’s Mortgagee from time to time to evidence or effect the aforesaid waiver and agreements of Landlord or substantially in the form attached hereto as Exhibit F.

Waiver of Landlord’s Lien. Notwithstanding anything contained herein to the contrary, Landlord hereby waives any statutory liens and any rights of distress with respect to Tenant’s Personalty. This Lease does not grant a contractual lien or any other security interest to Landlord or in favor of Landlord with respect to Tenant’s Personalty. Respecting any mortgagee or other lender of Tenant having a security interest in Tenant’s Personalty (“Tenant’s Mortgagee”), Landlord agrees as follows: (a) to provide Tenant’s Mortgagee, upon written request of Tenant (accompanied by the name and address of Tenant’s Mortgagee), with a copy of any default notice(snotice PHIL1 681004v.14 (s) given to Tenant under this Lease; provided, however, that (i) Landlord acknowledges and agrees that with respect to Wachovia Xxxxx Fargo Bank, National Association, as agent, as Tenant’s Mortgagee, such Tenant request shall be deemed to have been made as of the Effective Date, and (ii) the failure to deliver such notice shall not constitute a default by Landlord hereunder, and (b) to allow Tenant’s Mortgagee, prior to any termination of this Lease or repossession of the applicable Property Location by Landlord, the same notice rights and period of time to cure such default as is allowed Tenant under this Lease, and (c) to permit Tenant’s Mortgagee to go upon the applicable Property Location for the purpose of removing Tenant’s Personalty any time within ninety (90) days after the effective date of any termination of this Lease or any repossession of the Premises or any part thereof by Landlord. Landlord further agrees to execute and deliver the form of written waiver reasonably requested by Tenant’s Mortgagee from time to time to evidence or effect the aforesaid waiver and agreements of Landlord or substantially in the form attached hereto as Exhibit F.F (“Landlord Agreement”).

Waiver of Landlord’s Lien. Notwithstanding anything contained herein to the contrary, Landlord hereby waives any statutory liens and any rights of distress with respect to Tenant’s Personalty. This Lease does not grant a contractual lien or any other security interest to Landlord or in favor of Landlord with respect to Tenant’s Personalty. Respecting any mortgagee or other lender of Tenant having a security interest in Tenant’s Personalty (“Tenant’s Mortgagee”), Landlord agrees as follows: (a) to provide Tenant’s Mortgagee, upon written request of Tenant (accompanied by the name and address of Tenant’s Mortgagee), with a copy of any default notice(snotice (s) given to Tenant under this Lease; provided, however, that (i) Landlord acknowledges and agrees that with respect to Wachovia Xxxxx Fargo Bank, National Association, as agent, as Tenant’s Mortgagee, such Tenant request shall be deemed to have been made as of the Effective Date, and (ii) the failure to deliver such notice shall not constitute a default by Landlord hereunder, and (b) to allow Tenant’s Mortgagee, prior to any termination of this Lease or repossession of the applicable Property Location by Landlord, the same notice rights and period of time to cure such default as is allowed Tenant under this Lease, and (c) to permit Tenant’s Mortgagee to go upon the applicable Property Location for the purpose of removing Tenant’s Personalty any time within ninety (90) days after the effective date of any termination of this Lease or any repossession of the Premises or any part thereof by Landlord. Landlord further agrees to execute and deliver the form of written waiver reasonably requested by Tenant’s Mortgagee from time to time to evidence or effect the aforesaid waiver and agreements of Landlord or substantially in the form attached hereto as Exhibit F.F (“Landlord Agreement”).

Waiver of Landlord’s Lien. Notwithstanding anything contained herein to the contrary, Landlord hereby waives any statutory liens and any rights of distress with respect to Tenant’s Personalty. This Lease does not grant a contractual lien or any other security interest to Landlord or in favor of Landlord with respect to Tenant’s Personalty. Respecting any mortgagee or other lender of Tenant having a security interest in Tenant’s Personalty (“Tenant’s Mortgagee”), Landlord agrees as follows: (a) to provide Tenant’s Mortgagee, upon written request of Tenant (accompanied by the name and address of Tenant’s Mortgagee), with a copy of any default notice(s) given to Tenant under this Lease; provided, however, that (i) Landlord acknowledges and agrees that with respect to Wachovia Bank, National Association, as agent, as Tenant’s Mortgagee, such Tenant request shall be deemed to have been made as of the Effective Date, and (ii) the failure to deliver such notice shall not constitute a default by Landlord hereunder, and (b) to allow Tenant’s Mortgagee, prior to any termination of this Lease or repossession of the applicable Property Location by Landlord, the same notice rights and period of time to cure such default as is allowed Tenant under this Lease, and (c) to permit Tenant’s Mortgagee or other lender to go upon the applicable Property Location for the purpose of removing Tenant’s Personalty any time within ninety (90) days after the effective date of any termination of this Lease or any repossession of the Premises or any part thereof by LandlordLandlord (with Landlord having given Tenant’s lender prior written notice of such date of termination or repossession). Landlord further agrees to execute and deliver the form of written waiver reasonably requested by Tenant’s Mortgagee from time to time to evidence or effect the aforesaid waiver and agreements of Landlord or substantially in the form attached hereto as Exhibit F.

Waiver of Landlord’s Lien. Notwithstanding anything contained herein to the contrary, Landlord hereby waives any statutory liens and any rights of distress with respect to the personal property (trade fixtures, equipment and merchandise) of Tenant from time to time located within the Demised Premises ("Tenant’s Personalty's Property"). This Lease does not grant a contractual lien or any other security interest to Landlord or in favor of Landlord with respect to Tenant’s Personalty's Property. Respecting any mortgagee or other lender of Tenant having a security interest in Tenant’s Personalty 's Property (“"Tenant’s Mortgagee”'s Lender"), Landlord agrees as follows: (ai) to provide Tenant’s Mortgagee's Lender, upon written request of Tenant (accompanied by the name and address of Tenant’s Mortgagee's Lender), with a copy of any default notice(s) given to Tenant under this Lease; provided, however, that (i) Landlord acknowledges and agrees that with respect to Wachovia Bank, National Association, as agent, as Tenant’s Mortgagee, such Tenant request shall be deemed to have been made as of the Effective Date, and (ii) the failure to deliver such notice shall not constitute a default by Landlord hereunder, and (b) to allow Tenant’s Mortgagee's Lender, prior to any termination of this the Lease or repossession of the applicable Property Location Demised Premises by Landlord, the same notice rights and period of time (which period of time shall run concurrently with Tenant's cure period provided Landlord delivers a copy of any such notice of default to Tenant's Lender concurrently with delivery of such notice to Tenant), after its receipt of such copy of default notice, to cure such default as is allowed Tenant under this the Lease, and (ciii) to permit Tenant’s Mortgagee 's Lender to go upon the applicable Property Location Demised Premises for the purpose of removing Tenant’s Personalty 's Property any time within ninety twenty (9020) days after the effective date of any termination of this Lease or any repossession of the Demised Premises by Landlord (with Landlord having given Tenant's Lender prior written notice of such date of termination or repossession); provided, however, Tenant's Lender shall be responsible for any damages caused to either the Demised Premises or the Shopping Center in connection with the removal of Tenant's Property and Tenant's Lender shall indemnify and hold Landlord harmless from any part thereof and all claims, damages, causes of action, costs and expenses incurred by LandlordLandlord related directly or indirectly to the removal of Tenant's Property by Tenant's Lender. Further, Tenant's Lender, as a condition hereof, shall be required to agree that in the event Tenant's Lender fails to timely remove Tenant's Property, Tenant's Lender shall be deemed to have abandoned Tenant's Property whereupon Landlord shall be entitled to dispose of Tenant's Property as Landlord deems appropriate in its sole discretion without any obligation to account for the proceeds of such disposition to either Tenant or Tenant's Lender. Landlord further agrees to execute and deliver the form of written waiver such instruments reasonably requested by Tenant’s Mortgagee 's Lender from time to time to evidence or effect the aforesaid waiver and agreements of Landlord or substantially in the form attached hereto as Exhibit F.Landlord.

Waiver of Landlord’s Lien. Notwithstanding anything contained herein to the contrary, Landlord hereby waives any statutory liens and any rights of distress with respect to the personal property (trade fixtures, equipment and merchandise) of Tenant from time to time located on the Property (“Tenant’s Personalty's Property”). This Lease does not grant a contractual lien or any other security interest to Landlord or in favor of Landlord with respect to Tenant’s Personalty's Property. Respecting any mortgagee or other lender of Tenant having a security interest in Tenant’s Personalty 's Property (“Tenant’s Mortgagee's Lender”), Landlord agrees as follows: (ai) to provide Tenant’s Mortgagee's Lender, upon written request of Tenant (accompanied by the name and address of Tenant’s Mortgagee's Lender), with a copy of any default notice(s) given to Tenant under this Lease; provided, however, that (i) Landlord acknowledges and agrees that with respect to Wachovia Bank, National Association, as agent, as Tenant’s Mortgagee, such Tenant request shall be deemed to have been made as of the Effective Date, and (ii) the failure to deliver such notice shall not constitute a default by Landlord hereunder, and (b) to allow Tenant’s Mortgagee's Lender, prior to any termination of this Lease or repossession of the applicable Property Location by Landlord, the same notice rights and period of time time, after its receipt of such copy of default notice, to cure such default as is allowed Tenant under this Lease, and (ciii) to permit Tenant’s Mortgagee 's Lender to go upon the applicable Property Location for the purpose of removing Tenant’s Personalty any time 's Property anytime within ninety twenty (9020) days after the effective date of any termination of this Lease or any repossession of the Premises Property by Landlord (with Landlord having given Tenant's Lender prior written notice of such date of termination or any part thereof by Landlordrepossession). Landlord further agrees to execute and deliver the form of written waiver such instruments reasonably requested by Tenant’s Mortgagee 's Lender from time to time to evidence or effect the aforesaid waiver and agreements of Landlord or substantially in the form attached hereto as Exhibit F.Landlord.

Waiver of Landlord’s Lien. Notwithstanding anything contained herein to the contrary, Landlord hereby waives any statutory liens right to distrain Tenant's Trade Fixtures or any property of Tenant and any rights of distress with respect to Tenant’s Personalty. This Lease does not grant a contractual Landlord's lien or similar lien upon Tenant's Trade Fixtures and any other security interest to Landlord or in favor of Landlord with respect to Tenant’s Personalty. Respecting any mortgagee or other lender property of Tenant having regardless of whether such lien is created or otherwise. Landlord agrees, at the request of Tenant, to execute a waiver of any Landlord's or similar lien for the benefit of any present or future holder of a security interest in Tenant’s Personalty (“Tenant’s Mortgagee”), Landlord agrees as follows: (a) to provide Tenant’s Mortgagee, upon written request or lessor of Tenant (accompanied by the name and address any of Tenant’s Mortgagee), with a copy 's Trade Fixtures or any other personal property of any default notice(s) given to Tenant under this Lease; provided, however, that (i) Tenant. Landlord acknowledges and agrees in the future to acknowledge (in a written form reasonably satisfactory to Tenant) to such persons and entities at such times and for such purposes as Tenant may reasonably request that with respect Tenant's Trade Fixtures are Tenant's property and not part of Improvements (regardless of whether or to Wachovia Bankwhat extent such Tenant's Trade Fixtures are affixed to the Improvements) or otherwise subject to the terms of this Lease; however, National AssociationLandlord shall not be obligated or responsible to notify any such person of Tenant's default hereunder or keep safe any such Tenant's Trade Fixtures for the benefit of any such person, as agentor allow any sales or auctions of such Tenant's Trade Fixtures on the Premises, as Tenant’s Mortgagee, and any such Tenant request person shall be deemed obligated to have been made as of the Effective Date, and (ii) the failure pay to deliver such notice shall not constitute a default Landlord rental or moving or storage fees incurred by Landlord hereunder, and (b) to allow for such Tenant’s Mortgagee, prior to any 's Trade Fixtures after the termination of this Lease or repossession and to repair any damage to the Premises caused by such person's removal of the applicable Property Location by any Tenant's Trade Fixtures. Tenant shall be obligated to pay Landlord, the same notice rights and period of time to cure such default as is allowed Tenant under this Lease, and (c) to permit Tenant’s Mortgagee to go upon the applicable Property Location 's attorney fees for the purpose of removing Tenant’s Personalty any time within ninety (90) days after the effective date review and/or preparation of any termination of this Lease or any repossession of the Premises or any part thereof by Landlordsuch acknowledgment. Landlord further agrees to execute and deliver the form of written waiver reasonably requested by Tenant’s Mortgagee from time to time to evidence or effect the aforesaid waiver and agreements of Landlord or substantially in the form attached hereto as Exhibit F.33.

Waiver of Landlord’s Lien. Notwithstanding anything contained herein to the contrary, Landlord hereby waives any statutory liens and any rights of distress with respect to TenantXxxxxx’s Personalty. This Lease does not grant a contractual lien or any other security interest to Landlord or in favor of Landlord with respect to TenantXxxxxx’s Personalty. Respecting any mortgagee or other lender of Tenant having a security interest in Tenant’s Personalty (“Tenant’s Mortgagee”), Landlord agrees as follows: (a) to provide TenantXxxxxx’s Mortgagee, upon written request of Tenant Xxxxxx (accompanied by the name and address of Tenant’s Mortgagee), with a copy of any default notice(s) given to Tenant under this Lease; provided, however, that (i) Landlord acknowledges and agrees that with respect to Wachovia Bank, National Association, as agent, as Tenant’s Mortgagee, such Tenant request shall be deemed to have been made as of the Effective Date, and (ii) the failure to deliver such notice shall not constitute a default by Landlord hereunder, and (b) to allow TenantXxxxxx’s Mortgagee, prior to any termination of this Lease or repossession of the applicable Property Location by Landlord, the same notice rights and period of time to cure such default as is allowed Tenant under this Lease, and (c) to permit Tenant’s Mortgagee to go upon the applicable Property Location for the purpose of removing Tenant’s Personalty any time within ninety (90) days after the effective date of any termination of this Lease or any repossession of the Premises or any part thereof by Landlord. Landlord Xxxxxxxx further agrees to execute and deliver the form of written waiver reasonably requested by TenantXxxxxx’s Mortgagee from time to time to evidence or effect the aforesaid waiver and agreements of Landlord or substantially in the form attached hereto as Exhibit F.

Waiver of Landlord’s Lien. Notwithstanding anything contained herein in this Lease or under applicable Laws to the contrarycontrary notwithstanding, Landlord hereby waives any statutory liens and common law lien it may have against Tenant’s trade fixtures, equipment, furniture and all other tangible and intangible personal property, and any rights of distress with respect to Tenant’s Personalty. This Lease does not grant a contractual and all equipment and/or supplies utilized by Tenant in its business operation, sand under no circumstances shall Landlord have any lien or any other security interest to Landlord or in favor of Landlord with respect to Tenant’s Personalty. Respecting any mortgagee or other lender of Tenant having a security possessory interest in Tenant’s Personalty (“work files, business papers and records, including, without limitation, the media on which those records and data are stored. Landlord agrees that, upon the request of Tenant, Landlord shall, at Tenant’s Mortgagee”)sole cost and expense, Landlord agrees as follows: (a) to provide Tenant’s Mortgagee, upon written request of Tenant (accompanied by the name and address of Tenant’s Mortgagee), negotiate in good faith with a copy of any default notice(s) given to Tenant under this Lease; provided, however, lender that is providing (i) Landlord acknowledges and agrees that with respect secured financing to Wachovia BankTenant, National Association, as agent, as Tenant’s Mortgagee, such Tenant request shall be deemed to have been made as of the Effective Date, and (ii) the failure purchase money equipment financing to deliver such notice shall not constitute a default by Landlord hereunderTenant, and or (biii) equipment leasing to allow Tenant’s Mortgagee, prior to any termination of this Lease or repossession of the applicable Property Location by Landlord, the same notice rights and period of time to cure such default as is allowed Tenant under this Lease, and (c) to permit Tenant’s Mortgagee to go upon the applicable Property Location for the purpose of removing executing and delivering a commercially reasonable waiver or subordination of Landlord’s statutory and common law lien rights, if any, and a consent and agreement with respect to the respective rights of Landlord and such person or entity regarding the security interests in, and the timing and removal of, any tenant personal property in which such lender has a secured interest (the “Collateral”), in form and substance reasonably acceptable to Landlord, Tenant’s Personalty , which shall include but not limited to, require Tenant and its lender (i) provides for the indemnification of Landlord against any claims by Tenant or any person or entity claiming through Tenant, and against any physical damage caused to the Premises, in connection with the removal of any of the Collateral by such person or entity, (ii) provide insurance in favor of Landlord, with coverage in amounts reasonably determined by Landlord, (iii) provides for a reasonable, but limited, time within ninety frame (90the duration of which shall be determined by Landlord) days after for the effective removal of such Collateral, and (iii) provides for the per diem payment of Rent due hereunder by such person or entity for each day following the date of any the expiration or termination of this the Lease or any repossession of the Premises or any part thereof by Landlord. that Landlord further agrees permits such Collateral to execute and deliver the form of written waiver reasonably requested by Tenant’s Mortgagee from time to time to evidence or effect the aforesaid waiver and agreements of Landlord or substantially remain in the form attached hereto as Exhibit F.Premises.