Disturbance Agreement definition

Disturbance Agreement shall have the meaning provided in Section 3.1(a)(xxi).
Sample 1
Disturbance Agreement means a Non-Disturbance Agreement substantially in the form annexed hereto as Exhibit G.
Sample 1
Disturbance Agreement and any provisions in any Mortgage substantially to the same effect as those contained in a Non-Disturbance Agreement are referred to as "Non-Disturbance Provisions"). At or about the time that Owner executes any future Mortgage, Owner agrees to use reasonable efforts at no cost or expense to Owner to obtain from the then holder or holders of such future Mortgage a Non-Disturbance Agreement or include Non-Disturbance Provisions in such future Mortgage. At or about the time that Owner executes any future Superior Lease of the Real Property or the Building, Owner shall use reasonable efforts at no cost or expense to Owner to obtain from the lessor thereof an agreement substantially to the effect that in the event of the termination of such Superior Lease by reason of the default or insolvency of the lessee thereunder, such lessor will permit Tenant to attorn to such lessor and will not disturb its possession under this Lease so long as there shall be no default by Tenant under this Lease beyond applicable grace periods (any such agreement, or any agreement of similar import, is referred to as a "Tenant Recognition Agreement" and any provisions in any such Superior Lease substantially to the same effect as those contained in a Tenant Recognition Agreement are referred to as "Tenant Recognition Provisions"). If Owner is unable in good faith to obtain any such Non-Disturbance Agreement, Non-Disturbance Provisions, Tenant Recognition Agreement or Tenant Recognition Provisions, neither the validity of this Lease nor the obligations of Tenant under this Lease shall be affected thereby and Owner shall not be liable to Tenant for its failure to obtain any such Non-Disturbance Agreement, Non-Disturbance Provisions, Tenant Recognition Agreement or Tenant Recognition Provisions, it being intended that Owner's sole obligation with respect to any Non-Disturbance Agreement, Non-Disturbance Provisions, Tenant Recognition Agreement or Tenant Recognition Provisions, shall be to use reasonable efforts at no cost or expense to Owner to obtain (a) within a reasonable time after the execution and delivery of this Lease (with respect to the existing Mortgage) and (b) at or about the date of execution of any future Mortgage or Superior Lease (with respect to any future Mortgage or Superior Lease) from the then holders of any Mortgage or the then lessor under the Superior Lease, as the case may be, such Non-Disturbance Agreement (with respect to the existing Mortgage) or such Non-D...
Sample 1

Examples of Disturbance Agreement in a sentence

  • In the event that Lessor is unable to provide the Non- Disturbance Agreement within said sixty (60) days, then Lessee may, at Lessee's option, directly contact Lessor's lender and attempt to negotiate for the execution and delivery of a Non-Disturbance Agreement.

  • The Master Lease and the HUD Master Lease Subordination Agreement or Master Lease Subordination Non Disturbance Agreement shall be approved by HUD and the Mortgagee.

  • This Lease shall be a prior lien against the Improvements and any encumbrance on the Premises with respect to any loans, mortgages, deeds of trust, other leases, liens and encumbrances that may hereafter be permitted to be placed on the Improvements and the Premises under the terms of this Lease and the Ground Lease Non- Disturbance Agreement.

  • The agreements contained in this Paragraph 30 shall be effective without the execution of any further documents; provided, however, that, upon written request from Lessor or a Lender in connection with a sale, financing or refinancing of the Premises, Lessee and Lessor shall execute such further writings as may be reasonably required to separately document any subordination, attornment and/or Non- Disturbance Agreement provided for herein.

  • Additionally, in accordance with Section 13.4.2 of the Lease, AltaSea has requested the City of Los Angeles Harbor Department (Harbor Department) to enter into a Non-Disturbance and Attornment Agreement (Non- Disturbance Agreement) between the Harbor Department and Signal Street.

  • That staff be directed to recover all costs related to any requested Non- Disturbance Agreement, including real estate and legal costs of $2,500 plus applicable HST from Hamilton International Airport Limited and credited to Dept.

  • The LESSOR, however, shall, prior to the granting of any mortgage covering the fee interest of the leased premises, obtain from such mortgagee a "Non Disturbance" Agreement, in form reasonably acceptable to counsel to the LESSEE.

  • Upon request, Host Customer shall deliver to Seller a Subordination and Non- Disturbance Agreement (SNDA) in a form mutually acceptable to Seller and the provider of the subordination and non-disturbance agreement from the owner of the Premises (if the Premises are leased by Host Customer), any mortgagee with a Lien on the Premises, and other Persons holding a similar interest in the Premises.

  • Discuss drafting a resolution entering into a required Land Disturbance Agreement with Weaver Development for construction activity on lot 21 in the Bushy Run Corporate Park.

  • KPIs under Franchise Agreements could be breached (such as occupancy levels) which means Non Disturbance Agreement rights should be considered carefully by Lenders so as not to prejudice their rights.


More Definitions of Disturbance Agreement

Disturbance Agreement means a non-disturbance and attornment agreement in commercially reasonable form which acknowledges the existence of this Lease and of Tenant's rights hereunder, agrees that so long as no Event of Default occurs and is continuing, Tenant's rights hereunder shall not be disturbed, and does not materially increase Tenant's obligations or materially decrease Tenant's rights hereunder.
Sample 1
Disturbance Agreement means an agreement, in recordable form in the jurisdiction in which the Hotel & Conference Center is located, executed and delivered by a holder of a Secured Loan, which agreement shall by its terms be binding upon all assignees of such holder and upon any individual or entity that acquires title to or possession of the Hotel Facility and/or the Conference Center Facility at or through a foreclosure (referred to as a “Subsequent Owner”), for the benefit of Management Company, pursuant to which, in the event such holder (or its assignee) or any Subsequent Owner comes into possession of or acquires title to the Hotel Facility and/or Conference Center Facility either at or following a foreclosure, such holder (and its assignees) and all Subsequent Owners shall (x) recognize Management Company’s rights under this Agreement, and (y) shall not name Management Company as a party in any foreclosure action or proceeding, and (z) shall not disturb Management Company in its right to continue to manage the Hotel Facility and/or Conference Center Facility, as the case may be, pursuant to this Agreement; provided, however, that at such time, (i) this Agreement has not expired or otherwise been earlier terminated in accordance with its terms, and (ii) there are no outstanding Events of Default by Management Company, and (iii) no material event has occurred and no material condition exists which, after notice or the passage of time or both, would entitle Owners to terminate this Agreement (excluding events which would constitute an Event of Default, which are to be governed exclusively by clause (ii) hereof).
Sample 1
Disturbance Agreement means an agreement, in recordable form in the jurisdiction in which the Hotel is located, executed and delivered by a holder of a Secured Loan (which agreement shall by its terms by binding upon all assignees of such holder and upon any individual or entity that acquires title to or possession of the Hotel at or through a foreclosure (referred to as a "Subsequent Owner")), for the benefit of Management Company, pursuant to which, in the event such holder (or its assignee) or any Subsequent Owner comes into possession of or acquires title to the Hotel either at or following a foreclosure, such holder (and its assignees) and all Subsequent Owners shall (x) recognize Management Company's rights under this Agreement, and (y) shall not name Management Company as a party in any foreclosure action or proceeding, and (z) shall
Sample 1
Disturbance Agreement means an agreement, in recordable form in the jurisdiction in which the Hotel is located, executed and delivered by a holder of a Secured Loan (which agreement shall by its terms be binding upon all assignees of such holder and upon any individual or entity that acquires title to or possession of the Hotel at or through a foreclosure (referred to as a “Subsequent Owner”)), for the benefit of Management Company, pursuant to which, in the event such holder (or its assignee) or any Subsequent Owner comes into possession of or acquires title to the Hotel either at or following a foreclosure, such holder (and its assignees) and all Subsequent Owners shall: (x) recognize Management Company’s rights under this Agreement, (y) not name Management Company as a party in any foreclosure action or proceeding, and (z) not disturb Management Company in its right to continue to manage the Hotel pursuant to this Agreement; provided, however, that at such time, (i) this Agreement has not expired or otherwise been terminated earlier in accordance with its terms, and (ii) there are no outstanding Events of Default by Management Company, and (iii) no material event has occurred and no material condition exists which, after notice or the passage of time or both, would entitle Owner to terminate this Agreement (excluding events which would constitute Events of Default, which are to be governed exclusively by clause (ii) hereof).
Sample 1

Related to Disturbance Agreement

  • Non-Disturbance Agreement shall have the meaning set forth in Section 8.8.9.

  • Disturbance means the placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.

  • Easement Agreement means any conditions, covenants and restrictions, easements, declarations, licenses and other agreements which are Permitted Encumbrances and such other agreements as may be granted in accordance with Section 19.1.

  • Assistance Agreement means a for- mal, written agreement between the CDFI Fund and an Awardee which specifies the terms and conditions of assistance under this part;

  • SCM Agreement means the Agreement on Subsidies and Countervailing Measures, contained in Annex 1A to the WTO Agreement;

  • Consortium Agreement means this consortium agreement as well as the pre-amble and all annexes hereto;

  • Concession Agreement means the Concession Agreement referred to in Recital (A) above and annexed hereto as Annex-A, and shall include all of its Recitals and Schedules and any amendments made thereto in accordance with the provisions contained in this behalf therein;

  • Serious emotional disturbance means a diagnosable mental, behavioral, or emotional disorder affecting a minor that exists or has existed during the past year for a period of time sufficient to meet diagnostic criteria specified in the most recent Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association and approved by the department and that has resulted in functional impairment that substantially interferes with or limits the minor's role or functioning in family, school, or community activities. The following disorders are included only if they occur in conjunction with another diagnosable serious emotional disturbance:

  • Recognition Agreement With respect to any Cooperative Loan, an agreement between the Cooperative Corporation and the originator of such Mortgage Loan which establishes the rights of such originator in the Cooperative Property.

  • Labor peace agreement means an agreement between an entity and a

  • Emotional disturbance means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a student’s educational performance:

  • Water Agreement means an agreement entered into between the Water Corporation (established pursuant to section 4 of the Water Corporation Act 1995) and BHP Iron Ore Pty. Ltd. ACN 008 700 981 as agent for BHP Direct Reduced Iron Pty. Ltd. and the Mount Xxxxxx and Mount Goldsworthy Mining Associates Joint Venturers in a form approved by the Minister in relation to the supply of water for, inter alia, the Joint Venturers’ water requirements for the purposes of this Agreement at Port Hedland;

  • SPS Agreement means the Agreement on the Application of Sanitary and Phytosanitary Measures which is a part of the WTO Agreement; Subheading means the first six digits in the tariff classification number under the HS; Territory means:

  • Construction Agreement means the proposed building agreement between the Company and a proposed builder substantially in the form of the draft agreement a copy of which has been signed on behalf of the Authority and the Company for the purposes of identification;

  • Bailee Agreement means a Bailee Agreement among Seller, Buyer and Bailee in the form of Exhibit IV hereto.

  • Use Agreement means a written agreement between a primary licensee and a Type S applicant or licensee that specifies the designated area of the Type S licensee, the days and hours in which the Type S licensee is assigned to use the common-use area, any allocation of responsibility for compliance pursuant to Section 40196, and an acknowledgement that the Type S licensee has sole and exclusive use of the common- use area during the Type S licensee’s assigned time period.

  • TRIPS Agreement means the Agreement on Trade-Related Aspects of Intellectual Property Rights;

  • Lien Waiver Agreement means an agreement which is executed in favor of Agent by a Person who owns or occupies premises at which any Collateral may be located from time to time and by which such Person shall waive any Lien that such Person may ever have with respect to any of the Collateral and shall authorize Agent from time to time to enter upon the premises to inspect or remove the Collateral from such premises or to use such premises to store or dispose of such Inventory.

  • industrial agreement means an agreement registered by the Commission under this Act as an industrial agreement;

  • Consent Agreement means this Consent Agreement, duly signed and concluded between the Commission and the Respondent, as contemplated in section 40(1) of the Act.

  • Construction Agreements means agreements to which Tenant is a party for Construction Work, rehabilitation, alteration, repair, replacement or demolition performed pursuant to this Lease.

  • Foundation Agreement means the agreement dated the 20th February 1985 made between the Trustee, the Manager, Xxxxxxxx, Genting WA and Tileska providing for the subscription of Units and Options;

  • Farm-Out Agreement means a Farm-In Agreement, viewed from the standpoint of the party that transfers an ownership interest to another.

  • Architect’s Agreement means any agreement that Borrower and any Architect from time to time may execute pursuant to which Borrower engages such Architect to design any portion of the Improvements, including the preparation of the Plans and Specifications, as approved by Funding Lender.

  • Diversion agreement means a mechanism designed to hold a child accountable for his or her behavior and, if appropriate, securing services to serve the best interest of the child and to provide redress for that behavior without court action and without the creation of a formal court record;

  • Lease Agreement means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this article. Unless the context clearly indicates otherwise, the term includes a sublease agreement.