Common use of Transfers by Landlord Clause in Contracts

Transfers by Landlord. The term “Landlord” as used in this Lease so far as covenants or obligations on the part of Landlord are concerned, shall be limited to mean and include only the owner or owners of the Land at the time in question, and in the event of any transfer or conveyance, the then grantor shall be automatically freed and released from all personal liability accruing from and after the date of such transfer or conveyance as respects the performance of any covenant or obligation on the part of Landlord contained in this Lease to be performed, it being intended hereby that the covenants and obligations contained in this Lease on the part of Landlord shall be binding on the Landlord, it successors and assigns, only during and in respect to their respective successive periods of ownership. In the event of a sale or conveyance by Landlord of the Land or any part of the Land, the same shall operate to release Landlord from any future liability upon any of the covenants or conditions herein contained and in such event Xxxxxx agrees to look solely to the responsibility of the successor in interest of Xxxxxxxx in and to this Lease. This Lease shall not be affected by any such sale or conveyance, and Xxxxxx agrees to attorn to the purchaser or grantee, which shall be personally obligated on this Lease only so long as it is the owner of Landlord’s interest in and to this Lease.

Transfers by Landlord. The term “Landlord” as used in this Lease so far as covenants or obligations on the part of Landlord are concerned, shall be limited to mean and include only the owner or owners of the Land at the time in question, and in the event of any transfer or conveyance, the then grantor shall be automatically freed and released from all personal liability accruing from and after the date of such transfer or conveyance as respects the performance of any covenant or obligation on the part of Landlord contained in this Lease to be performed, it being intended hereby that the covenants and obligations contained in this Lease on the part of Landlord shall be binding on the Landlord, it successors and assigns, only during and in respect to their respective successive periods of ownership. In the event of a sale or conveyance transfer of such interest (except a mortgage or other transfer as security for a debt), the “Landlord” named herein, or in the case of a subsequent transfer, the transferor shall, after the date of such transfer, be automatically released from all personal liability for the performance or observance of any term, condition, covenant or obligation required to be performed or observed by Landlord hereunder, and the transferee shall be deemed to have assumed all of such terms, conditions, covenants and obligations. Within ten (10) days following receipt of a written request from Landlord, Tenant shall execute and deliver to Landlord, without cost, an estoppel certificate in such form as Landlord may reasonably request certifying (i) that this Lease is in full force and effect and unmodified or stating the nature of any modification, (ii) the date to which rent has been paid, (iii) that there are not, to Tenant’s knowledge, any uncured defaults or specifying such defaults if any are claimed, and (iv) any other matters or state of facts reasonably required respecting the Lease. Such estoppel may be relied upon by Landlord and by any purchaser or mortgagee of the Land Building. This Lease is and shall be expressly subject and subordinate at all times to the lien of any present or future mortgage or deed of trust encumbering fee title to the Leased Premises. If any part such mortgage or deed of trust be foreclosed, upon request of the Landmortgagee or beneficiary (“Landlord’s Mortgagee”), as the same case may be, Tenant will attorn to the purchaser at the foreclosure sale. The foregoing provisions are declared to be self-operative and no further instruments shall operate be required to release Landlord from effect such subordination and/or attornment; provided, however, that subordination of this Lease to any present or future liability mortgage or trust deed shall be conditioned upon any the mortgagee, beneficiary, or purchaser at foreclosure, as the case may be agreeing that Tenant’s occupancy of the covenants or conditions herein contained Leased Premises and in such event Xxxxxx agrees to look solely to the responsibility of the successor in interest of Xxxxxxxx in and to other rights under this Lease. This Lease shall not be affected disturbed by reason of the foreclosure of such mortgage or trust deed, as the case may be, so long as Tenant is not in default under this Lease; and further provided that Tenant agrees upon request by any such sale mortgagee, beneficiary, or conveyancepurchaser at foreclosure, as the case may be, to execute such non-disturbance, subordination and/or attornment instruments as may be reasonably required by such person to confirm such non-disturbance subordination and/or attornment. Any Landlord’s Mortgagee may elect, at any time, unilaterally, to make this Lease superior to its mortgage or other interest in the Leased Premises by so notifying Tenant in writing. Tenant shall not seek to enforce any remedy it may have for any default on the part of Landlord without first giving written notice by certified mail, return receipt requested, specifying the default in reasonable detail, to any Landlord’s Mortgagee whose address has been given to Tenant, and Xxxxxx agrees affording such Landlord’s Mortgagee a reasonable opportunity to attorn perform Landlord’s obligations hereunder. If Landlord’s Mortgagee shall succeed to the purchaser interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (1) liable for any act or granteeomission of any prior landlord (including Landlord); (2) bound by any rent or additional rent or advance rent which Tenant might have paid for more than the current month to any prior landlord (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (3) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement (provided, however, that Landlord shall be personally obligated on this Lease only so long as it is responsible for delivering any Security Deposit hereunder to Landlord’s Mortgagee at the owner of time Landlord’s Mortgagee succeeds to Landlord’s interest hereunder); (4) bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations, amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s Mortgagee; (5) subject to the defenses which Tenant might have against any prior landlord (including Landlord); and (6) subject to the offsets which Tenant might have against any prior landlord (including Landlord) except for those offset rights which (A) are expressly provided in and to this Lease, (B) relate to periods of time following the acquisition of the Building by Landlord’s Mortgagee, and (C) Tenant has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity (the duration of which shall not exceed thirty (30) days after Landlord’s Mortgagee takes possession of the Building) to cure the event giving rise to such offset event. Notwithstanding the foregoing, Landlord’s Mortgagee shall be subject to Section 2.02(e). Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Building. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

Transfers by Landlord. The term “"Landlord” " as used in this Lease so far as covenants or obligations on the part of Landlord are concerned, shall concerned will be limited to mean and include only the owner or owners of the Land Office Complex at the time in question, and in the event of any transfer or conveyance, transfers or conveyances the then grantor shall guarantor will be automatically freed and released from all personal liability accruing from and after the date of such transfer or conveyance as respects the performance of any covenant or obligation on the part of Landlord contained in this Lease to be performed, it being intended hereby that the covenants and obligations contained in this Lease on the part of Landlord shall will be binding on the Landlord, it its successors and assigns, only during and in respect to their respective successive periods of ownership. In the event of a sale or conveyance by Landlord of the Land Office Complex or any part of the LandOffice Complex, the same shall will operate to release Landlord from any future liability upon any of the covenants or conditions herein contained and in such event Xxxxxx Tenant agrees to look solely to the responsibility of the successor in interest of Xxxxxxxx Landlord in and to this Lease. This Lease shall will not be affected by any such sale or conveyance, and Xxxxxx Tenant agrees to attorn to the purchaser or grantee, which shall will be personally obligated on this Lease only so long as it is the owner of Landlord’s 's interest in and to this Lease.

Transfers by Landlord. The term “Landlord” There is currently no deed to secure debt, mortgage or like instrument encumbering the Leased Premises. Provided that the affected lender executes and delivers to Tenant the Subordination, Non-Disturbance and Attornment Agreement ("SNDA") in the form attached hereto as used in Exhibit "F", this Lease so far as covenants or obligations on the part of Landlord are concerned, shall be limited and hereby is made subject and subordinate at all times to mean and include only the owner lien or owners security title of any mortgage granted by Landlord which may now or hereafter affect the Land at real property of which the time in questionPremises forms a part, and in the event of any transfer or conveyanceto all renewals, the then grantor shall be automatically freed modifications, consolidations, participations, replacements and released from all personal liability accruing from and after the date of such transfer or conveyance as respects the performance of any covenant or obligation on the part of Landlord contained in this Lease to be performed, it being intended hereby that the covenants and obligations contained in this Lease on the part of Landlord shall be binding on the Landlord, it successors and assigns, only during and in respect to their respective successive periods of ownershipextensions thereof. In the event of a sale or conveyance transfer of such interest (except a mortgage or other transfer as security for a debt), the "Landlord" named herein, or in the case of a subsequent transfer, the transferor shall, after the date of such transfer, be automatically released from all liability for the performance or observance of any term, condition, covenant or obligation required to be performed or observed by Landlord hereunder, and the transferee shall be deemed to have assumed all of such terms, conditions, covenants and obligations. Within ten (10) days following receipt of a written request from Landlord, Tenant shall execute and deliver to Landlord, without cost, any instrument which Landlord deems necessary or desirable to confirm the subordination of this Lease and an estoppel certificate in such form as Landlord may reasonably request certifying (i) that this Lease is in full force and effect and unmodified or stating the nature of any modification, (ii) the date to which Rent has been paid, (iii) that there are not, to Tenant's knowledge, any uncured defaults or specifying such defaults if any are claimed, and (iv) any other matters or state of facts reasonably required respecting the Lease. Such estoppel may be relied upon by Landlord and by any purchaser or mortgagee of the Land Leased Premises. Notwithstanding the foregoing, if the mortgagee shall take title to the Leased Premises through foreclosure or any part deed in lieu of foreclosure, Tenant shall be allowed to continue in possession of the Land, Leased Premises as provided for in this Lease and the same shall operate to release Landlord from any future liability upon any of the covenants or conditions herein contained and in such event Xxxxxx agrees to look solely to the responsibility of the successor in interest of Xxxxxxxx in and to this Lease. This Lease SNDA so long as Tenant shall not be affected by any such sale or conveyance, and Xxxxxx agrees to attorn to the purchaser or grantee, which shall be personally obligated on this Lease only so long as it is the owner of Landlord’s interest in and to this Leasedefault.

Transfers by Landlord. The term “Landlord” as used in this Lease so far as covenants or obligations on the part of Landlord are concerned, shall concerned will be limited to mean and include only the owner or owners of the Land Office Complex at the time in question, and in the event of any transfer or conveyance, transfers or conveyances the then grantor shall will be automatically freed and released from all personal liability accruing from and after the date of such transfer or conveyance as respects the performance of any covenant or obligation on the part of Landlord contained in this Lease to be performedperformed (provided that the transferee assumes such covenants or obligations), it being intended hereby that the covenants and obligations contained in this Lease on the part of Landlord shall will be binding on the Landlord, it its successors and assigns, only during and in respect to their respective successive periods of ownership. In the event of a sale or conveyance by Landlord of the Land Office Complex or any part of the LandOffice Complex, the same shall will operate to release Landlord from any future liability upon any of the covenants or conditions herein contained and in such event Xxxxxx Tenant agrees to look solely to the responsibility of the successor in interest of Xxxxxxxx Landlord in and to this LeaseLease (provided that the transferee assumes such covenants or obligations). This Lease shall will not be affected by any such sale or conveyance, and Xxxxxx Tenant agrees to attorn to the purchaser or grantee, which shall will be personally obligated on this Lease only so long as it is the owner of Landlord’s interest in and to this Lease.

Transfers by Landlord. The term “"Landlord” " as used in this Lease so far as covenants or obligations on the part of Landlord are concerned, concerned shall be limited to mean and include only the owner or owners of the Land Office Complex at the time in question, and in the event of any transfer or conveyance, transfers or conveyances the then grantor shall be automatically freed and released (except to the extent otherwise provided in Section 16.20 hereof) from all personal liability accruing from and after After the date of such transfer or conveyance as respects the performance of any covenant or obligation on the part of Landlord contained in this Lease to be performed, it being performed so long as the successor landlord agrees to assume the original landlord's obligations and a copy of such instrument is promptly delivered to Tenant. It is intended hereby that the covenants and obligations contained in this Lease on the part of Landlord shall be binding on the Landlord, it its successors and assigns, only during and in respect to their respective successive periods of ownership. In the event of a sale or conveyance by Landlord of the Land Office Complex or any part of the LandOffice Complex, the same shall operate to release Landlord from any future liability upon any of the covenants or conditions herein contained and in such event Xxxxxx Tenant agrees to look solely to the responsibility of the successor in interest of Xxxxxxxx Landlord in and to this Lease. This Lease shall not be affected by any such sale or conveyance, and Xxxxxx Tenant agrees to attorn to the purchaser or grantee, which shall be personally obligated on this Lease only so long as it is the owner of Landlord’s 's interest in and to this Lease. Notwithstanding anything to the contrary contained in this Section 16.11, Landlord shall not assign its interest in this Lease prior to the Commencement Date without the prior written consent of Tenant.

Transfers by Landlord. The term “Landlord” as used in this Lease so far as covenants or obligations on the part of Landlord are concerned, shall be limited to mean and include only the owner or owners of the Land at the time in question, and in the event of any transfer or conveyance, the then grantor shall be automatically freed and released from all personal liability accruing from and after the date of such transfer or conveyance as respects the performance of any covenant or obligation on the part of Landlord contained in this Lease to be performed, it being intended hereby that the covenants and obligations contained in this Lease on the part of Landlord shall be binding on the Landlord, it successors and assigns, only during and in respect to their respective successive periods of ownership. In the event of a sale or conveyance by Landlord of the Land Project or a foreclosure by any part creditor of the LandLandlord, the same shall operate to release Landlord from any future liability upon any of the covenants or conditions conditions, express or implied, herein contained in favor of Tenant, to the extent required to be performed after the passing of title to Landlord’s successor-in-interest; provided that such transferee shall have fully assumed and in be liable for all obligations of this Lease to be performed by Landlord, including the return of any Security Deposit and the payment of any tenant improvement allowance. In such event Xxxxxx event, Tenant agrees to look solely to the responsibility of the successor in successor-in-interest of Xxxxxxxx in Landlord under this Lease with respect to the performance of the covenants and duties of “Landlord” to this Leasebe performed after the passing of title to Landlord’s successor-in-interest. This Lease shall not be affected by any such sale or conveyance, and Xxxxxx Tenant agrees to attorn to the purchaser or granteeassignee. Subject to the provisions of this Paragraph 27, which Landlord’s successor(s)-in-interest shall not have liability to Tenant with respect to the failure to perform any of the obligations of “Landlord,” to the extent required to be personally obligated on this Lease only so long as it is performed prior to the date such successor(s)-in-interest became the owner of Landlord’s interest the Project. party shall pay all costs incurred by the prevailing party including reasonable attorneys’ fees, to be fixed by the court, and said costs and attorneys’ fees shall be a part of the judgment in and to this Leasesaid action.