Wherever in this Lease Clause Samples

The "Wherever in this Lease" clause serves to clarify that certain terms, conditions, or references apply throughout the entire lease agreement, regardless of where they appear. In practice, this means that when a specific word or phrase is defined or a particular rule is established, its meaning or application is consistent in every section of the lease. For example, if the lease defines "Premises" in one section, the definition holds true wherever "Premises" is mentioned elsewhere in the document. This clause ensures uniform interpretation and prevents ambiguity, promoting clarity and consistency across the lease.
Wherever in this Lease. Landlord's consent or approval is required, if Landlord shall delay or refuse such consent or approval, Tenant in no event shall be entitled to make, nor shall Tenant make, any claim, and Tenant hereby waives any claim, for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or defense) based upon any claim or assertion by Tenant that Landlord unreasonably withheld or unreasonably delayed its consent or approval. Tenant's sole remedy shall be an action or proceeding to enforce any such provision, for specific performance, injunction or declaratory judgment and such remedy shall be available only in those instances where Landlord has expressly agreed in writing not unreasonably to withhold its consent or where as a matter of law Landlord may not unreasonably withhold its consent.
Wherever in this Lease the approval or consent of the Landlord is required, some act or thing is to be done to the Landlord’s satisfaction, the Landlord is entitled to form an opinion, or the Landlord is given the sole discretion: (a) the relevant provision is not deemed to have been fulfilled or waived unless the approval, consent, opinion or expression of satisfaction is in writing signed by the Landlord or its authorized representative; (b) the approval, consent, opinion or satisfaction is in the discretion of the Landlord, acting reasonably; (c) any discretion of the Landlord is not subject to public law duties and the principles of procedural fairness and the rules of natural justice have no application; and the sole discretion of the Landlord is deemed to be the sole, absolute and unfettered discretion of the Landlord.
Wherever in this Lease the consent or approval of the Landlord is required the relevant provision shall be construed as also requiring the consent or approval of any superior landlord where the same shall be required pursuant to any head lease from time” to time which the Landlord shall use all reasonable endeavours to obtain as expeditiously as possible and the Tenant shall bear the cost of obtaining such consents together with all surveyors’ professional or other fees and disbursements in connection therewith unless such consent is unreasonably withheld or delayed in circumstances where it is unlawful to do so
Wherever in this Lease it is provided that Landlord's consent or approval shall not be unreasonably withheld (or word of like import), if Landlord shall withhold its consent or approval such adverse determination by Landlord shall be an arbitrable dispute as provided in this Article 21. Ten (10) days after Tenant's receipt of Landlord's adverse determination, Landlord's determination shall be conclusive, unless prior to the end of such 10 day period Tenant shall give notice of demand for arbitration under this Article 21, in which event Landlord, within 10 days after receipt of Tenant's demand, shall (if Landlord has not already done so) specify in writing Landlord's reasons for the adverse determination. Anything in this Article 21 to the contrary notwithstanding, (i) the proceeding referred to in this Section 21.6 shall occur on an expeditious basis, with all time periods for performance at any stage of the arbitration proceeding to be 10 days, rather than 20 or 30 days as provided above, and (ii) the losing party shall pay all costs of such arbitration, including the legal fees and witness or expert fees of the prevailing party. The submission to arbitration in accordance with this Lease shall be the sole remedy of Tenant as respect to any consent or approval which may not be unreasonably withheld. If a determination is made by the arbitrators that the withholding of consent or approval was unreasonable the arbitrators shall annul such withholding of consent or approval. Except for the costs and expenses referred to above, no damages of any kind, and no other monetary or other remedy may be awarded in such circumstances, it being agreed that such annulment shall be Tenant's sole remedy.
Wherever in this Lease. Landlord's consent or approval is required, if Landlord shall refuse such consent or approval, Tenant in no event shall be entitled to make, nor shall Tenant make, any claim, and Tenant hereby waives any claim, of money damages (nor shall Tenant claim any money damaged by way of set-off, counterclaim or defense) based upon any claim or assertion by Tenant that Landlord unreasonably withheld or unreasonably delayed its consent or approval. Tenant's sole remedy shall be an action or proceeding to enforce any such provision, for specific performance, injunction or declaratory judgment. Notwithstanding the foregoing, Tenant shall be entitled to money damages only with respect to a claim that Landlord has unreasonably withheld its consent if it is expressly determined in a final non-appealable court action or proceeding (as opposed to an arbitration, which the parties agree cannot result in an award for damages) that Landlord has willfully and arbitrarily withheld its consent in bad faith and without any good faith business justification.
Wherever in this Lease. Tenant (a) releases Landlord from any claim or liability, (b) waives or limits any right of Tenant to assert any claim against Landlord or to seek recourse against any property of Landlord or (c) agrees to indemnify Landlord against any matters, the relevant release, waiver, limitation or indemnity shall run in favor of and apply to Landlord, the constituent shareholders, partners or other owners of Landlord, and the directors, officers, employees and agents of Landlord and each such constituent shareholder, partner or other owner. In no event shall any shareholder, partner, member, officer, director or other constituent of Landlord or its direct or indirect constituents ever be personally liable for Landlord's obligations or liability under this Lease.
Wherever in this Lease it is provided that Landlord may terminate this Lease upon a specified number of daysnotice to Tenant, it is intended that this Lease shall come to an end upon the expiration of the specified number of days as though said date were the originally specified expiration date of the term of this Lease.

Related to Wherever in this Lease

  • Time of the Essence in This Tenant Work Letter Unless otherwise indicated, all references herein to a “number of days” shall mean and refer to calendar days. If any item requiring approval is timely disapproved by Landlord, the procedure for preparation of the document and approval thereof shall be repeated until the document is approved by Landlord.

  • In this Agreement Any external loan, security, compensation, covenant or other compensation liabilities of the Pledgor’s (1) is required to be repaid or performed prior to the due date due to default; or (2) is due but cannot be repaid or performed as scheduled and thereby cause the Pledgee to deem that the Pledgor’s capacity to perform the obligations herein is affected.

  • Terms Defined Elsewhere in this Agreement For purposes of this Agreement, the following terms have meanings set forth in the sections indicated: Term Section AAA Accounts Receivable 12.5 2.1(i) Agreement Preamble Arbitrator 12.5 Assumed Liabilities 2.3 Belgian Activities 1.1 (in Business definition) Closing 5.1(a) Closing Date 5.1(a) Confidentiality Agreement 12.7 Covenant Survival Period 10.1(b) Decision Disputes Elop 12.5 12.5 6.8(ii) Escrow Agent 10.5 Escrow Agreement 10.5 Escrow Fund 10.5 Exchange Act 1.1 (in Affiliate definition) Excluded Assets 2.2 Excluded Liabilities 2.4 Extraordinary Damages Financial Statements 1.1 (in Damages definition) 6.4(a) Foreign Tax Withholding Certificate 8.11 IAS 6.4(v) Indemnification Claim 10.4(b) IRI Project 6.8(ii) ISA 6.4(iii) MediVision ESE Report 6.4(i) MediVision Product 6.17 MediVision Product Certifications 6.18 MediVision Recommendation 6.2(ii) OCS Funded Technology 6.15(i) Post-Closing Covenants 10.1(b) Pre-Closing Covenants 10.1(b) Pre-Closing Tax Period 11.3(a) Purchased Assets 2.1 Purchased Shares 3.1 Purchased Trade Secrets 6.8(iii) Purchaser Preamble Purchaser Documents 7.2(i) Purchaser Indemnified Parties 10.2(a) Seller Preamble Seller Disclosure Letter 6 Seller Documents 6.2(i) Seller Indemnified Parties 10.3(a) Seller Material Adverse Effect 6.1 Seller Material Agreements 6.9(iii) Software Products 6.8(vi) Subsidiary 6.1 Survival Period 10.1(b) Tax 6.16 Tax Claim 11.4(b) Tax Return 6.16 Termination Date 5.2(a) Total Consideration 4.1 Transaction Documents 7.2(i) Transfer Taxes 11.1 Warranty Survival Period 10.1(a)

  • Landlord’s Right To Mortgage Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

  • Termination of Lease Should Landlord elect to terminate this Lease pursuant to the provisions of Sections 24.1 (a) or (c) above, Landlord may recover from Tenant, as damages, the following: (a) The worth at the time of award of any unpaid rental which had been earned at the time of the termination, plus (b) the worth at the time of award of the amount by which the unpaid rental which would have been earned after termination until the time of award exceeds the amount of rental loss Tenant proves could have been reasonably avoided, plus (c) the worth at the time of award of the amount by which the unpaid rental for the balance of the Term after the time of award exceeds the amount of rental loss that Tenant proves could be reasonably avoided, plus (d) any other amounts necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom including, but not limited to, any costs or expenses incurred by Landlord in (i) retaking possession of the Premises, including reasonable attorneys' fees therefor, (ii) maintaining or preserving the Premises after any default, (iii) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises, (iv) leasing commissions, or (v) any other costs necessary or appropriate to relet the Premises, plus (e) at Landlord's election, any other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Nevada. As used in subparagraphs (a) and (b) above, the "worth at the time of award" is computed by allowing interest at the maximum lawful rate. As used in subparagraph (c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank situated nearest to the location of the Shopping Center at the time of award plus one percent (1%).