|
(1)
<br />(2) any insurance proceeds to the extent payable under general public
<br />liability policies maintained by Lessee pursuant to Section 32 of
<br />Part II of the Lease, which, by the terms of such policies, are
<br />payable directly to Assignor or its owners, successors, permitted
<br />assigns, employees, officers, directors, shareholders, members,
<br />managers, trustees, beneficial owners, partners, servants, agents
<br />and affiliates thereof, in each such case for their own respective
<br />accounts.
<br />As used herein, "Excepted Rights" means the following rights, interests and
<br />privileges:
<br />(1) the right of the Assignor, but not to the exclusion of Assignee, (a)
<br />to receive from Lessee certificates and other documents and
<br />information that Lessee is required to give or furnish to Assignor
<br />pursuant to the Lease, (b) to inspect the premises demised under
<br />the Lease and all books and records relating thereto, (c) to
<br />undertake repairs and maintenance of the premises demised under
<br />the Lease, (d) to send Notices of Breach (so long as any such
<br />Notice of Breach, by itself or with the passage of time, does not
<br />result in an Event of Default under the Lease or the termination of
<br />the Lease or the acceleration of rent payable thereunder, and so
<br />long as a copy of such Notice of Breach is delivered
<br />simultaneously to Assignee) and to sue for damages or to enforce
<br />performance or observance by Lessee and/or the Lease Guarantor
<br />under the Lease Guaranty of the applicable covenants and terms of
<br />the Lease and Lease Guaranty as allowed by law, equity, the Lease
<br />or the Lease Guaranty (so long as such suit, together with the
<br />passage of time, if applicable, in connection therewith is conducted
<br />so as not to result in the existence of an Event of Default under the
<br />Lease, the termination of the Lease or acceleration of rent
<br />thereunder), (e) to execute and deliver such powers of attorney and
<br />other documents granting the Lessee the rights to execute,
<br />acknowledge and deliver tax returns, statements and other tax
<br />related instruments, and pay any Taxes (as defined in the Security
<br />18766395.1.BUSINESS 4
<br />201400402
<br />Fixed Rent not exceeding an amount equal to the Fixed Rent under
<br />the Lease from the closing date of the Loan through January 2014,
<br />that is prepaid on the Lease Commencement Date (to the extent
<br />such Fixed Rent is not allocable to interest due on the Note on
<br />January 10, 2014), and all payments by Lessee pursuant to any
<br />indemnity under the Lease or in payment or reimbursement of
<br />costs and expenses which by the terms thereof are payable to
<br />Assignor or its owners, successors, permitted assigns, employees,
<br />officers, directors, shareholders, members, managers, trustees,
<br />beneficial owners, partners, servants, agents and affiliates thereof
<br />for their respective accounts; and
<br />
|