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7.3 SR 03-01-2021
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7.3 SR 03-01-2021
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of this Lease on its part to be kept, observed and performed, shall lawfully and quietly hold, <br />occupy and enjoy the Premises (subject to the provisions of this Lease) during the Term without <br />hindrance or molestation from Landlord as long as no Event of Default exists. <br />22.4 Landlord Obligations. <br />(a) The term "Landlord", as used in this Lease, so far as covenants or obligations on <br />the part of Landlord are concerned, shall be limited to mean and include only the owner or <br />owners at the time in question of the Premises, and in the event of any transfer or conveyance of <br />the Premises in which the transferee/grantee agrees to assume and be liable for all obligations of <br />"Landlord" under this Lease, the then transferor/grantor shall be automatically freed and <br />relieved from and after the date of such transfer or conveyance of all liability as respects the <br />performance of any covenants or obligations on the part of Landlord contained in this Lease <br />thereafter to be performed, but the transferor/grantor shall remain liable for any obligations under <br />this Lease arising during such time such transferor/grantor held any interest in the Premises and <br />for any liabilities arising out of the acts or omissions of the transferor/grantor prior to such <br />transfer or conveyance. Such transferor/grantor shall be relieved of liability for any funds in <br />which Tenant has an interest which are in the hands of such transferor/grantor at the time of such <br />transfer if and to the extent said funds shall be turned over to the transferee/grantee, and any <br />amount then due and payable to Tenant by transferor/grantor under any provision of this Lease <br />shall be paid to Tenant as a condition to the transferor/grantor being relieved of liability for such <br />amount. It is intended that the covenants and obligations contained in this Lease on the part of <br />Landlord shall, subject to the aforesaid, be binding on Landlord, its successors and assigns, only <br />during and in respect of their respective successive periods of ownership, and such <br />transferee/grantee shall, by virtue of such transfer or conveyance, be deemed to have fully <br />assumed all responsibility and liability of Landlord as respects the performance of all covenants <br />and obligations on the part of Landlord contained in this Lease thereafter to be performed. <br />(b) Notwithstanding anything to the contrary contained in this Lease, it is expressly <br />understood and agreed by and between the parties hereto that the recourse of Tenant or its <br />successors or assigns against Landlord with respect to the alleged breach by, or on the part of, <br />Landlord of any representation, warranty, covenant, undertaking or agreement contained in this <br />Lease (collectively, "Landlord's Obligations") shall not extend to any partner, shareholder, <br />member, governor, manager, director, officer, member, or employee of Landlord or any of the <br />assets of any such persons or to any Mortgagee; and (ii) without limitation of the foregoing, no <br />personal liability or personal responsibility of any sort with respect to any of Landlord's <br />Obligations is assumed by, or shall at any time be asserted or enforceable against, any of said <br />persons or any of the assets of any of said persons, and Landlord's liability is limited to its <br />interest in the Premises (and the proceeds thereof); provided, however, notwithstanding anything <br />to the contrary set forth herein, any owner of any portion of the Premises shall be personally <br />liable for any obligations under this Lease arising during such transferor/grantor's period of <br />ownership and for any liabilities arising out of the acts or omissions of the transferor/grantor <br />prior to such transfer or conveyance up to the amount of the fair market value of the Premises at <br />the time of such transfer. <br />22.5 Estoppel Certificates. Tenant and Landlord shall, each without charge at any time <br />and from time to time, within twenty (20) days after written request by the other party, certify all <br />35 <br />
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