CONDITION OF LANDLORD’S EXECUTION Sample Clauses

CONDITION OF LANDLORD’S EXECUTION. The parties hereby acknowledge that Landlord is only willing to execute this First Amendment in the event that the current tenant (the “Current Tenant”) in the 22nd Floor Premises agrees to terminate the term of its lease in respect of the 22nd Floor Premises. Therefore, Landlord shall have the right, exercisable upon written notice to Tenant, to render the foregoing First Amendment void and without further force or effect, unless both of the following events occur: A. Tenant executes and delivers to Landlord the foregoing First Amendment; and B. The Current Tenant executes and delivers to Landlord an agreement, in form and substance acceptable to Landlord, whereby the Current Tenant agrees to terminate the term of its lease in respect of the 22nd Floor Premises.
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CONDITION OF LANDLORD’S EXECUTION. The parties hereby acknowledge that Landlord is only willing to execute this Fifth Amendment in the event that two (2) of the existing tenants of the Fifth Amendment Additional Premises, Development Specialists, Inc. ("DSI") and Fole▇, ▇▇ag & ▇lio▇ ("▇ole▇), ▇gree to relocate their respective premises from (the applicable portion of) the Fifth Amendment Additional Premises to other space in the Building. Therefore, Landlord shall have the night, exercisable upon Written notice to Tenant, to render this Fifth Amendment void and of no further force or effect unless all of the following events occur: A. Tenant executes and delivers this Fifth Amendment to Landlord; and B. DSI executes and delivers to Landlord an agreement, in form and substance acceptable to Landlord, whereby DSI agrees to relocate its premises from (the applicable portion of) the Fifth Amendment Additional Premises to other space in the Building; and C. F▇▇▇▇ ▇▇▇cutes and delivers to Landlord an agreement, in form and substance acceptable to Landlord, whereby Fole▇ ▇▇▇ees to relocate its premises from (the applicable portion of) the Fifth Amendment Additional Premises to other space in the Building. As herein amended, the Lease is ratified, approved and confirmed in all respects.
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CONDITION OF LANDLORD’S EXECUTION. The parties acknowledge that Landlord is only willing to execute this Third Amendment in the event that the tenant currently occupying the Third Amendment Additional Premises ("Current Tenant") agrees to terminate its lease of such premises. Therefore, Landlord shall have the right, exercisable upon written notice to Tenant, to render this Amendment void and without force or effect, unless both of the following events occur: a. Tenant executes and delivers to Landlord this Amendment; and b. Current Tenant executes and delivers to Landlord an agreement, in form and substance acceptable to Landlord, whereby Current Tenant agrees to terminate its lease of the Third Amendment Additional Premises.
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CONDITION OF LANDLORD’S EXECUTION. The parties hereby acknowledge that ▇▇▇▇▇▇▇▇ is only willing and able to execute this First Amendment if Digitas agrees to terminate the term of its lease in respect of the First Amendment Premises. Therefore, if, on or before the date forty-five (45) days after the Execution Date of this First Amendment, Landlord does not enter into in agreement, in form and substance acceptable to Landlord, in its sole discretion, with Digitas agreeing to terminate the term of its lease in respect of the First Amendment Premises, both parties shall have the right, exercisable upon written notice to the other party, to render this First Amendment void and without further force or effect.
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CONDITION OF LANDLORD’S EXECUTION. The parties hereby acknowledge that Landlord is only willing to execute this Lease in the event that the current tenant (the "Current Tenant") of the Premises agrees to terminate the term of its lease with Landlord. Therefore, Landlord shall have the right, exercisable upon written notice to Tenant, to render the foregoing Lease void and without further force or effect, unless both of the following events occur: A. Tenant executes and delivers to Landlord the foregoing Lease; and B. The Current Tenant executes and delivers to Landlord an agreement, in form and substance acceptable to Landlord, whereby the Current Tenant agrees to terminate the term of its lease with Landlord. EXECUTED as a sealed instrument in two or more counterparts on the day and year first above written. LANDLORD: GATEWAY ROSEWOOD, INC., a California corporation By: INVESCO Institutional (N.A.), Inc. (formerly known as INVESCO Realty Advisors, Inc.), Advisor By: INVESCO Real Estate Division By:/s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ------------------------------- Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇ Title: Vice President TENANT: MANHATTAN ASSOCIATES, INC. By:/s/▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ------------------------------- (Name) (Title) Hereto Duly Authorized ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ - CFO [APPROVED BY LEGAL MANHATTAN ASSOCIATES(R)] EXHIBIT A DESCRIPTION OF LOT The land in Burlington, Middlesex County, Massachusetts being shown as Lot 75 on a plan by ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Inc. dated December 16, 1980 filed with the Land Court Engineer's office as Plan No. 26172R and bounded and described according to said plan as follows: by the southwesterly line of South Bedford Street, one hundred fifty (150) feet; SOUTHWESTERLY, SOUTHEASTERLY AND NORTHEASTERLY by Lot 74 on said plan, thirty-five (35) feet, ninety-seven and 70/100 (97.70) feet, five hundred seventy-one and 80/100 (571.80) feet and four hundred forty-eight (448), respectively; by the northwesterly line of Northern Circumferential Highway (Route 128 non access), eight hundred seventy-nine and 81/100 (879.81) feet; by Lot 27 as shown on said plan, five hundred eight and 19/100 (508.19) feet; and by Lots 73 and 68 shown on said plan, one thousand four hundred sixty-three and 37/100 (1463.37) feet. EXHIBIT B LANDLORD'S WORK A. For the purposes of Article II of the Lease, the "Substantial Completion Date" shall be the date that (i) Landlord's Work, as defined in Paragraph B hereof, has been completed except for items of work and adjustment of equipment and fixtures which can be completed after oc...
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CONDITION OF LANDLORD’S EXECUTION. The parties hereby acknowledge that Landlord is only willing to execute this Termination Agreement in the event that Tenant executes and delivers the New Lease to Landlord. Therefore, Landlord shall have the right, exercisable upon written notice to Tenant, to render this Termination Agreement void and without further force or effect, unless Tenant executes and delivers to Landlord the New Lease.
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CONDITION OF LANDLORD’S EXECUTION. The parties hereby acknowledge that Landlord is only willing to execute this Sixteenth Amendment in the event that the current tenant (the "Current Tenant") of the T-26 Expansion Premises agrees to terminate the term of its lease in respect of the T-26 Expansion Premises. Therefore, Landlord shall have the right, exercisable upon written notice to Tenant, to render the foregoing Sixteenth Amendment void and without further force or effect, unless both of the following events occur on or before April 30, 2004: A. Tenant executes and delivers to Landlord the foregoing Sixteenth Amendment; and B. The Current Tenant executes and delivers to Landlord an agreement, in form and substance acceptable to Landlord, whereby the Current Tenant agrees to terminate the term of its lease in respect of the T-26 Expansion Premises and agrees to an extension of Tenant's right to exercise the Additional Expansion Option, as set forth in Paragraph 10 of the Fifteenth Amendment, to the Exercise Date, as stated in Paragraphs 2 and 7.A of this Sixteenth Amendment ("Current Tenant Agreement"). In addition, Tenant shall have the right, exercisable upon written notice to Landlord, to render the foregoing Sixteenth Amendment void and without further force or effect unless the Current Tenant executes and delivers to Landlord the Current Tenant Agreement, as defined above, on or before April 30, 2004.
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CONDITION OF LANDLORD’S EXECUTION. The parties acknowledge that Landlord and Tenant are only willing to enter into this Second Amendment in the event that Tenant enters into the Sublease with Open Market. Therefore, both parties shall have the right, exercisable upon written notice to the other party, to render the foregoing Second Amendment void and without force or effect, unless all of the following events occur: a. Tenant executes and delivers this Second Amendment to Landlord; b. Open Market enters into the Sublease with Tenant; and c. Landlord grants its written consent to the Sublease.
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Related to CONDITION OF LANDLORD’S EXECUTION

  • Condition of Leased Premises Tenant hereby acknowledges that ▇▇▇▇▇▇ has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. ▇▇▇▇▇▇ agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, ▇▇▇▇▇▇’s family or ▇▇▇▇▇▇’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted. Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

  • Release of Landlord If, during the term of this Lease, Landlord shall sell its interest in the Building or Complex of which the Leased Premises form a part, or the Leased Premises, then from and after the effective date of the sale or conveyance, Landlord shall be released and discharged from any and all obligations and responsibilities under this Lease, except those already accrued.

  • Definition of Landlord With regard to obligations imposed upon Landlord pursuant to this Lease, the term “Landlord,” as used in this Lease, shall refer only to Landlord or Landlord’s then-current successor-in-interest. In the event of any transfer, assignment or conveyance of Landlord’s interest in this Lease or in Landlord’s fee title to or leasehold interest in the Property, as applicable, Landlord herein named (and in case of any subsequent transfers or conveyances, the subsequent Landlord) shall be automatically freed and relieved, from and after the date of such transfer, assignment or conveyance, from all liability for the performance of any covenants or obligations contained in this Lease thereafter to be performed by Landlord and, without further agreement, the transferee, assignee or conveyee of Landlord’s in this Lease or in Landlord’s fee title to or leasehold interest in the Property, as applicable, shall be deemed to have assumed and agreed to observe and perform any and all covenants and obligations of Landlord hereunder during the tenure of its interest in the Lease or the Property. Landlord or any subsequent Landlord may transfer its interest in the Premises or this Lease without Tenant’s consent.

  • Exemption of Landlord from Liability Landlord shall not be liable for any damage or injury to the person, business (or any loss of income therefrom), goods, wares, merchandise or other property of Tenant, Tenant's employees, invitees, customers or any other person in or about the Property, whether such damage or injury is caused by or results from: (a) fire, steam, electricity, water, gas or rain; (b) the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or any other cause; (c) conditions arising in or about the Property or upon other portions of the Project, or from other sources or places; or (d) any act or omission of any other tenant of the Project. Landlord shall not be liable for any such damage or injury even though the cause of or the means of repairing such damage or injury are not accessible to Tenant. The provisions of this Section 6.02 shall not, however, exempt Landlord from liability for Landlord's gross negligence or willful misconduct.

  • Limitation of Landlord’s Liability 35.1. If Landlord is in default under this Lease and, as a consequence, Tenant recovers a monetary judgment against Landlord, the judgment shall be satisfied only out of (a) the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Building and the Project, (b) rent or other income from such real property receivable by Landlord or (c) the consideration received by Landlord from the sale, financing, refinancing or other disposition of all or any part of Landlord’s right, title or interest in the Building or the Project. 35.2. Landlord shall not be personally liable for any deficiency under this Lease. If Landlord is a partnership or joint venture, then the partners of such partnership shall not be personally liable for Landlord’s obligations under this Lease, and no partner of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any partner of Landlord except as may be necessary to secure jurisdiction of the partnership or joint venture. If Landlord is a corporation, then the shareholders, directors, officers, employees and agents of such corporation shall not be personally liable for Landlord’s obligations under this Lease, and no shareholder, director, officer, employee or agent of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any shareholder, director, officer, employee or agent of Landlord. If Landlord is a limited liability company, then the members of such limited liability company shall not be personally liable for Landlord’s obligations under this Lease, and no member of Landlord shall be sued or named as a party in any suit or action, and service of process shall not be made against any member of Landlord except as may be necessary to secure jurisdiction of the limited liability company. No partner, shareholder, director, employee, member or agent of Landlord shall be required to answer or otherwise plead to any service of process, and no judgment shall be taken or writ of execution levied against any partner, shareholder, director, employee, member or agent of Landlord. 35.3. Each of the covenants and agreements of this Article shall be applicable to any covenant or agreement either expressly contained in this Lease or imposed by Applicable Laws and shall survive the expiration or earlier termination of this Lease.