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,202302265 <br />the Lease with respect to any period after the date of attomment other than, and only to the <br />extent that, the Lease expressly required such a prepayment. <br />4.3 Payment Any obligation: (a) to pay Tenant any sum(s) that any Former <br />Landlord owed to Tenant; or (b) to restore improvements following a casualty not required to be <br />insured against under the Lease. This paragraph is not intended to apply to the following <br />Landlord obligations, all of which Successor Landlord shall be liable for or bound to perform: <br />(i) performing the Landlord's Work, including without limitation construction of the Shopping <br />Center, improvements to the Premises and expansions thereof as contemplated by the Lease; (ii) <br />making any payment to Tenant that constitutes a construction or other type of allowance under <br />the Lease; (iii) reconstructing or repairing the Shopping Center, including the Premises, <br />following fire, casualty or condemnation; (iv) performing day-to-day maintenance, repairs and <br />replacements of the Common Areas; (v) repayment of any security deposit paid by Tenant to <br />Landlord, if any; and (vi) repayment of any overpayment of Real Estate Taxes, Common Area <br />Expenses or Insurance Charges. <br />4.4 Modification, Amendment. Any modification or amendment of the Lease made <br />without Lender's written consent (such consent not to be unreasonably withheld, delayed or <br />conditioned), which shall be deemed given by Lender if Lender fails to object to the same within <br />five (5) business days following the date on which Lender receives from Landlord or Tenant a <br />written request for such consent. <br />5. Exculpation of Successor Landlord. Notwithstanding anything to the contrary in this <br />Agreement or the Lease, upon any attomment pursuant to this Agreement, the Lease shall be <br />deemed to have been automatically amended to provide that Successor Landlord's obligations <br />and liability under the Lease shall never extend beyond (i) Successor Landlord's (or its <br />successors' or assigns') interest, if any, in the Shopping Center and the rents and revenues <br />deriving therefrom, including without limitation insurance and condemnation proceeds, (ii) <br />Successor Landlord's interest in the Lease, (iii) and the proceeds from any sale, lease or other <br />disposition of the Shopping Center (or any portion thereof) by Successor Landlord (collectively, <br />"Successor Landlord's Interest"). Tenant shall look exclusively to Successor Landlord's <br />Interest (or that of its successors and assigns) for payment or discharge of any obligations of <br />Successor Landlord under the Lease as affected by this Agreement. If Tenant obtains any money <br />judgment against Successor Landlord with respect to the Lease or the relationship between <br />Successor Landlord and Tenant, then Tenant shall look solely to Successor Landlord's Interest <br />(or that of its successors and assigns) to collect such judgment. Tenant shall not collect or <br />attempt to collect any such judgment out of any other assets of Successor Landlord. <br />Notwithstanding any provision of the Lease, this Agreement or any other agreement <br />between Landlord and Lender to the contrary, Lender, for itself and any Successor Landlord, <br />hereby waives any and all contractual, statutory and common law lien rights which Lender or <br />any Successor Landlord may have, if any, (whether directly or derivatively) relating to Tenant's <br />personal property, including without limitation Tenant's inventory, trade fixtures, furnishings, <br />furniture, equipment, machinery, and other personal property located at the Premises. Landlord <br />agrees to execute such written waiver and release of liens with respect to said items as Tenant <br />may reasonably require. <br />