Reso 2011-1735 - Laserfiche WebLink

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( e) The provisions of this Article in favor of the Leasehold Mortgagee shall inure to the benefit of the Leasehold Mortgagee and its successors, assigns and designees, and also any other purchaser or transferee of this Lease pursuant to any foreclosure or bankruptcy proceedings, or assignment in lieu thereof. (t) Notwithstanding any contrary provision of this Lease, the Leasehold Mortgagee shall not be liable or responsible in any respect for any of Tenant's obligations under this Lease unless and until the Leasehold Mortgagee becomes the owner and holder of this Lease through foreclosure or bankruptcy proceedings, or assignment in lieu thereof. Section 3. Notice. Any notice or other communication which Landlord shall desire or is required to give to or serve upon Leasehold Mortgagee shall be in writing and shall be served personally or by Overnight courier service (such as Federal Express or UPS) addressed to such Leasehold Mortgagee at its address as set forth in the notice to Landlord, or at such other address as shall be designated from time to time by such holder by notice in writing given to Landlord. Any notice or other communication which any Leasehold Mortgagee shall desire or is required to give to or serve upon Landlord shall be deemed to have been given or served if sent as set forth in the provisions of the Lease providing for notices to Landlord. Section 4. Amendment. Landlord will not modify, amend or accept a surrender of this Lease without the prior written consent of the Leasehold Mortgagee. ARTICLE XIX Assignment and Subletting Section 1. Assignment. Except as hereinafter provided, Tenant may not assign its interest in this Lease without Landlord's consent, which may be granted or withheld in Landlord's sole discretion. Notwithstanding the foregoing, the Landlord recognizes that the Tenant may assign this Lease to, or may otherwise merge or consolidate its operation with, an affiliate of the Tenant. Such assignment, merger or consolidation shall not require the consent of the Landlord. For purposes of this Section 1, "affiliate" means, with respect to Tenant, (i) any entity directly or indirectly controlling, controlled by, or under common control with Tenant, or (ii) any entity in which Tenant owns at least twenty five percent (25%) of the voting interests. Section 2. Subtenant's Rights. Landlord agrees that, in the enforcement of its rights under this Lease, it shall not disturb the occupancy of subtenants approved by Landlord pursuant to subleases made in compliance with this Lease and will recognize such subleases, provided that (i) such subtenants agree to attorn to Landlord or its nominee upon the completion of such enforcement proceedings, (ii) except for security deposits, lease buyouts and termination fees, Landlord shall not be bound by payments of rent more than two (2) months in advance, and (iii) Landlord shall not be liable for defaults by Tenant before the termination of this Lease. In this regard, Landlord agrees to execute non-disturbance agreements in favor of the subtenants upon 26