Amendments to the Lease; Inapplicable Provisions Clause Samples

Amendments to the Lease; Inapplicable Provisions. (a) Effective as of the Fourth Extension Term Commencement Date, the following shall be added as a new Section 5.2(e)(5) to the Original Lease: (b) “Notwithstanding anything to the contrary set forth in this Lease, effective as of the Fourth Extension Term Commencement Date, the amount of Tax Expenses for the Base Year (as set forth in the Fourth Amendment) and any Expense Year thereafter shall be calculated without taking into account any decreases in real estate taxes obtained in connection with Proposition 8, and, therefore, the Tax Expenses in the Base Year (as set forth in the Fourth Amendment) and/or any Expense Year thereafter may be greater than those actually incurred by Landlord, but shall, nonetheless, be the Tax Expenses due under this Lease; provided that (i) any costs and expenses incurred by Landlord in securing any Proposition 8 reduction shall not be included in Operating Expenses for purposes of this Lease, and (ii) tax refunds under Proposition 8 shall not be deducted from Tax Expenses, but rather shall be the sole property of Landlord. Landlord and Tenant acknowledge that this Section 5.2(e)(5) is not intended to in any way affect (A) the inclusion in Tax Expenses of the statutory two percent (2.0%) annual increase in Tax Expenses (as such statutory increase may be modified by subsequent legislation), or (B) the inclusion or exclusion of Tax Expenses pursuant to the terms of Proposition 13, which shall be governed pursuant to the terms of Sections 5.2(e)(1) through (4) above.” (c) Effective as of the Fourth Extension Term Commencement Date, the following shall be added to the end of Section 18.1 of the Original Lease: (d) “Notwithstanding the foregoing, from and after the Fourth Extension Term Commencement Date, Landlord shall use reasonable efforts to obtain a subordination, non-disturbance and attornment agreement (“SNDA”) from Landlord’s current (as of the date of the Fourth Amendment) lender on such lender’s then current standard form of agreement and subject to Tenant’s review and approval, provided that Tenant agrees that Tenant shall pay any charges (including legal fees) actually required by such Landlord’s lender, as a condition to entering into such SNDA. “Reasonable efforts” of Landlord shall not require Landlord to incur any cost, expense or liability to obtain such agreement, it being agreed that Tenant shall be responsible for any fee or review costs charged by ▇▇▇▇▇▇▇▇’s lender.” (e) Effective as of the Fourth Extension T...
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Related to Amendments to the Lease; Inapplicable Provisions

  • Basic Lease Provisions and Definitions In addition to other terms elsewhere defined in this Lease, the following terms whenever used in this Lease should have only the meanings set forth in this Preamble, unless such meanings are expressly modified, limited or expanded elsewhere herein.

  • BASIC LEASE PROVISIONS Each reference in this Lease to the “

  • Amendments to the Agreement Except to the extent permitted by the Investment Company Act or the rules or regulations thereunder or pursuant to exemptive relief granted by the SEC, this Agreement may be amended by the parties only if such amendment, if material, is specifically approved by the vote of a majority of the outstanding voting securities of the Portfolio (unless such approval is not required by Section 15 of the Investment Company Act as interpreted by the SEC or its staff or unless the SEC has granted an exemption from such approval requirement) and by the vote of a majority of the Independent Trustees cast in person at a meeting called for the purpose of voting on such approval. The required shareholder approval shall be effective with respect to the Portfolio if a majority of the outstanding voting securities of the Portfolio vote to approve the amendment, notwithstanding that the amendment may not have been approved by a majority of the outstanding voting securities of any other Portfolio affected by the amendment or all the Portfolios of the Trust.

  • Applicable Provisions Nothing in this Article is to be interpreted as a waiver of other provisions or procedures contained elsewhere in this agreement.

  • Amendments to Exhibits Exhibits A and B may be amended by Company in its sole discretion from time to time, without prior notice, to delete or add Contracts. The provisions of this Agreement shall apply to such Exhibits, as they may from time to time be amended, unless the context otherwise requires. In addition, the Compensation Schedules that are part of Exhibits A and B may be amended, modified and/or replaced by Company in its sole discretion, from time to time, without prior notice.