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Agmt04 Recycled Water (PVG Mana
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Agmt04 Recycled Water (PVG Mana
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Last modified
10/24/2017 9:28:59 AM
Creation date
8/12/2004 10:11:43 AM
Metadata
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Template:
Agreement
Contractor Name
Recycled Water (PVG Management)
PROJECT NAME
production & delivery / sublease
RMP File Number
802
Date
7/27/2004
MO Ref
04-152 04-93
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<br /> ~ <br /> default or other claim arising under this lease shall be satisfied only out of the rents, <br /> issues, profits, and other income actually received on account ~f Landlord's right, title, and <br /> interest in the Premises, Building, or Property; and no other real, personal, or mixed <br /> property of landlord (or of any of the partners which comprise landlord, if any, or of its <br /> shareholders), wherever situated, shall be subject to levy to satisfy such judgment. Tenant <br /> shall not have the right to terminate this lease or to withhold, reduce, or offset any amount <br /> against any payment of Rent or any other charges due and payable under this lease, <br /> except to the extent that a specific lease provision permits such termination or withholding, <br /> reduction, or offset of rent. <br /> 7.5 Survival. <br /> The remedies permitted under this Article 7 and the Parties' indemnities <br /> under Section 5.8 and 5.9 shall survive the termination of this Lease. <br /> ARTICLE 8: NON DISTURBANCE <br /> 8.1 Subordination and Foreclosure. <br /> This lease is subject and subordinate to all mortgages and døeds of trust <br /> now or hereafter placed upon the Property, and all other encumbrances and matters of <br /> public record applicable to the Property. If any foreclosure proceedings are initiated by any <br /> mortgagee or trust deed beneficiary ("Holder'), or if a deed in lieu is granted (or if any <br /> ground lease is terminated), Tenant agrees, upon written request of any such Holder or <br /> any purchaser at foreclosure sale, to attorn and pay Rent to suct! Party and to execute and <br /> deliver any instruments necessary or appropriate to evidence or effectuate such attornment <br /> (provided such Holder or purchaser shall agree to accept this Lease and not disturb <br /> Tenant's occupancy and so long as Tenant does not default' and fail to cure within the <br /> same permitted hereunder). However, in the event of attornment, no Holder shall be: (i) <br /> liable for any act or omission of landlord, or subject to any offsets or defenses which <br /> Tenant might have against landlord and which arose prior to such Holder becoming <br /> Landlord under such attornment; (ii) liable for any security deposit or bound by any prepaid <br /> Rent not actually received by such Holder; or (iii) bounds by any future modification of this <br /> Lease not consented to by such Holder. Any Holder may elect to make this lease prior <br /> to the lien of its mortgage or deed of trust by written notice to Tenant's and if the Holder <br /> of any prior mortgage or deed of trust shall require, this Lease shall be prior to any <br /> subordinate mortgage or deed of trust. Tenant agrees to give any Holder a copy of any <br /> notice of default served by Tenant upon Landlord by certified mail, return receipt <br /> 37 <br /> . T" " - <br />
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