Common use of No Cross Default Clause in Contracts

No Cross Default. The Comprehensive Agreement contemplates that the “Project” (as defined in the Comprehensive Agreement) will be comprised of the “Hotel Component,” the “Boat Storage Component,” the “Public Marina Component” and the “Marina Restaurant Competent” (collectively the “Components” and individually a “Component”)). The Developer has created a separate entity to be the tenant under this Lease and separate entities to be the tenants under separate ground leases with Landlord with respect to the Boat Storage Component (the “Boat Storage Lease”), the Public Marina Component (“Marina Lease”), and the Marina Restaurant Component (the “Restaurant Lease”). The Boat Storage Lease, the Marina Lease and the Restaurant Lease are collectively referred to herein as the “Other Leases” and individually as an “Other Lease”). Landlord and Tenant hereby agree that the rights and obligation under the Comprehensive Agreement shall be bifurcated so that (i) any rights and obligations with respect to the Hotel Component under the Comprehensive Agreement shall only benefit and be required to be performed by the Tenant under this Lease, any obligation under this Lease shall only apply to the Hotel Component under the Comprehensive Agreement, and any breach of the obligations under this Lease or the rights and obligations under the Comprehensive Agreement with respect to the Hotel Component shall not affect or constitute a default under the Other Leases; (ii) any rights and obligations with respect to any Component (other than the Hotel Component) under the Comprehensive Agreement shall only benefit and be required to be performed by the tenant under the applicable Other Lease, any obligation under the applicable Other Lease shall only apply to the applicable Component of such Other Lease under the Comprehensive Agreement, and any breach of the obligations under such Other Lease or the rights and obligations under the Comprehensive Agreement with respect to the Component applicable to such Other Lease shall not affect or constitute a default under this Lease; and (iii) to the extent of any inconsistency between the terms of this Lease and the terms of the Comprehensive Agreement, the terms of this Lease shall prevail and control.

No Cross Default. The Comprehensive Agreement contemplates that the “Project” (as defined in the Comprehensive Agreement) will be comprised of the “Hotel Component,” the “Boat Storage Component,” the “Public Marina Component” and the “Marina Restaurant Competent” (collectively the “Components” and individually a “Component”)). The Developer has created a separate entity to be the tenant under this Lease and separate entities to be the tenants under separate ground leases with Landlord with respect to the Boat Storage Component (the “Boat Storage Lease”), the Public Marina Component (“Marina Lease”), and the Marina Restaurant Hotel Component (the “Restaurant Hotel Lease”). The Boat Storage Lease, the Marina Lease and the Restaurant Lease are collectively referred to herein as the “Other Leases” and individually as an “Other Lease”). Landlord and Tenant hereby agree that the rights and obligation under the Comprehensive Agreement shall be bifurcated so that (i) any rights and obligations with respect to the Hotel Marina Restaurant Component under the Comprehensive Agreement shall only benefit and be required to be performed by the Tenant under this Lease, any obligation under this Lease shall only apply to the Hotel Marina Restaurant Component under the Comprehensive Agreement, and any breach of the obligations under this Lease or the rights and obligations under the Comprehensive Agreement with respect to the Hotel Marina Restaurant Component shall not affect or constitute a default under the Other Leases; (ii) any rights and obligations with respect to any Component (other than the Hotel Marina Restaurant Component) under the Comprehensive Agreement shall only benefit and be required to be performed by the tenant under the applicable Other Lease, any obligation under the applicable Other Lease shall only apply to the applicable Component of such Other Lease under the Comprehensive Agreement, and any breach of the obligations under such Other Lease or the rights and obligations under the Comprehensive Agreement with respect to the Component applicable to such Other Lease shall not affect or constitute a default under this Lease; and (iii) to the extent of any inconsistency between the terms of this Lease and the terms of the Comprehensive Agreement, the terms of this Lease shall prevail and control.

No Cross Default. The Comprehensive Agreement contemplates that the “Project” (as defined in the Comprehensive Agreement) will be comprised of the “Hotel Component,” the “Boat Storage Component,” the “Public Marina Component” and the “Marina Restaurant Competent” (collectively the “Components” and individually a “Component”)). The Developer has created a separate entity to be the tenant under this Lease and separate entities to be the tenants under separate ground leases with Landlord with respect to the Boat Storage Component (the “Boat Storage Lease”), the Public Marina Hotel Component (“Marina Hotel Lease”), and the Marina Restaurant Component (the “Restaurant Lease”). The Boat Storage Lease, the Marina Hotel Lease and the Restaurant Lease are collectively referred to herein as the “Other Leases” and individually as an “Other Lease”). Landlord and Tenant hereby agree that the rights and obligation under the Comprehensive Agreement shall be bifurcated so that (i) any rights and obligations with respect to the Hotel Public Marina Component under the Comprehensive Agreement shall only benefit and be required to be performed by the Tenant under this Lease, any obligation under this Lease shall only apply to the Hotel Public Marina Component under the Comprehensive Agreement, and any breach of the obligations under this Lease or the rights and obligations under the Comprehensive Agreement with respect to the Hotel Public Marina Component shall not affect or constitute a default under the Other Leases; (ii) any rights and obligations with respect to any Component (other than the Hotel Component) under the Comprehensive Agreement shall only benefit and be required to be performed by the tenant under the applicable Other Lease, any obligation under the applicable Other Lease shall only apply to the applicable Component of such Other Lease under the Comprehensive Agreement, and any breach of the obligations under such Other Lease or the rights and obligations under the Comprehensive Agreement with respect to the Component applicable to such Other Lease shall not affect or constitute a default under this Lease; and (iii) to the extent of any inconsistency between the terms of this Lease and the terms of the Comprehensive Agreement, the terms of this Lease shall prevail and control.;

No Cross Default. The Comprehensive Agreement contemplates that the “Project” (as defined in the Comprehensive Agreement) will be comprised of the “Hotel Component,” the “Boat Storage Component,” the “Public Marina Component” and the “Marina Restaurant Competent” (collectively the “Components” and individually a “Component”)). The Developer has created a separate entity to be the tenant under this Lease and separate entities to be the tenants under separate ground leases with Landlord with respect to the Boat Storage Hotel Component (the “Boat Storage Hotel Lease”), the Public Marina Component (“Marina Lease”), and the Marina Restaurant Component (the “Restaurant Lease”). The Boat Storage Lease, the Marina Lease and the Restaurant Lease are collectively referred to herein as the “Other Leases” and individually as an “Other Lease”). Landlord and Tenant hereby agree that the rights and obligation under the Comprehensive Agreement shall be bifurcated so that (i) any rights and obligations with respect to the Hotel Boat Storage Component under the Comprehensive Agreement shall only benefit and be required to be performed by the Tenant under this Lease, any obligation under this Lease shall only apply to the Hotel Boat Storage Component under the Comprehensive Agreement, and any breach of the obligations under this Lease or the rights and obligations under the Comprehensive Agreement with respect to the Hotel Boat Storage Component shall not affect or constitute a default under the Other Leases; (ii) any rights and obligations with respect to any Component (other than the Hotel Boat Storage Component) under the Comprehensive Agreement shall only benefit and be required to be performed by the tenant under the applicable Other Lease, any obligation under the applicable Other Lease shall only apply to the applicable Component of such Other Lease under the Comprehensive Agreement, and any breach of the obligations under such Other Lease or the rights and obligations under the Comprehensive Agreement with respect to the Component applicable to such Other Lease shall not affect or constitute a default under this Lease; and (iii) to the extent of any inconsistency between the terms of this Lease and the terms of the Comprehensive Agreement, the terms of this Lease shall prevail and control.