Common use of Application of Cypress Permit Clause in Contracts

Application of Cypress Permit. Notwithstanding anything else contained herein, Tenant covenants and agrees in favour of the Landlord that: (a) it shall assume, observe, perform and be bound by all of the terms, covenants, conditions, agreements and obligations of the Landlord, as assignee of the VANOC Agreement and as Permittee under the terms of the Cypress Permit, from time to time, including without limitation the payment of all permit fees under the Cypress Permit. (b) it shall not do or neglect to do any act or thing which would bring about any breach of any of the provisions of the Cypress Permit and/or the VANOC Agreement at any time; (c) it shall comply with the Permitted Encumbrances and all encumbrances in connection with the Cypress Premises and the Leased Property; (d) all services, utilities, repairs (structural or otherwise), replacements, rebuilding, maintenance, restorations, parking facilities, equipment, security services and access to and from the Cypress Premises and the Leased Property and any insurance coverage and any other obligations of the Province under the Cypress Permit, if any, deriving from the provisions of the Cypress Permit will in fact be provided by the Province pursuant to the Cypress Permit or VANOC pursuant to the VANOC Agreement and Landlord shall have no obligation during the Term or ever to provide any such services, utilities, repairs (structural or otherwise), replacements, rebuilding, maintenance, restorations, parking facilities, equipment, security services, insurance or access and/or to perform such other obligations to the Tenant. Tenant covenants and agrees to look solely to the Province or VANOC for the furnishing of such services, utilities, repairs (structural or otherwise), replacements, rebuilding, maintenance, restorations, parking facilities, equipment, security services, insurance, access and/or the performance of such other obligations that are to be provided by the Province under the Cypress Permit. If the Province or VANOC shall default in any of its material obligations to the Landlord with respect to the Cypress Premises and/or the Leased Property, the Landlord at Landlord’s option and expense may seek to enforce the Landlord’s rights, or the Tenant on behalf of Landlord and at the sole cost, risk and expense of Tenant, may attempt to enforce Landlord’s rights against the Province or VANOC. In the event that Tenant shall seek on behalf of Landlord to enforce the Permit or the VANOC Agreement, any settlement of such action shall be subject to the prior written consent and approval of the Landlord, and Tenant shall indemnify and save harmless the Landlord from any costs, liability, damages, or expenses suffered or incurred by Landlord in so doing; (e) wherever, in the Cypress Permit or the VANOC Agreement, a covenant benefiting the operations of the Tenant at the Cypress Premises is made by the Province or VANOC, as the case may be, in favour of the Permittee under the Cypress Permit or the other party under the VANOC Agreement (in each case being the Landlord), for so long as this Lease shall remain in effect and free of a Tenant Event of Default, such covenant shall be deemed to be made by VANOC or the Province (and not by Landlord) in favour of Tenant as well as Landlord; . (f) if any term of this Lease is directly contradictory to any term of the Cypress Permit or the VANOC Agreement, the term of the Permit or the VANOC Agreement, as the case may be, shall prevail and, without limiting the generality of the foregoing, any requirements of the Minister or any other Government Agency having authority under or pursuant to the Cypress Permit or with respect to the Cypress Premises and including any statute, regulations, rules, guidelines, ordinances, decrees, treaties, policies or notices having the force of law, shall prevail over the terms of this Lease.