By Lessee Sample Clauses

By Lessee. Lessee shall indemnify the Lessor, the Lessor’s Representative, and their Board members, directors, officers, employees, agents and authorized volunteers (the “Lessor Indemnitees”) against and will hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm entity, corporation, political subdivision or other organization (collectivelyLosses”) arising out of or in connection with the installation, operation or activities of Lessee, its agents, employees, subcontractors or invitees, provided for herein, whether or not there is concurrent passive or active negligence on the part of the Lessor Indemnitees for injury to or death of persons, including, but not limited to, employees of Lessee or Lessor, and damage or destruction of property, including, but not limited to, property of Lessee, any utility company or Lessor, or other loss or damage incurred by Lessor, but only to the extent caused by (A) the negligence, fraud or willful misconduct of Lessee, its agents, officers, directors, employees or contractors on or at the Premises or the Sites in connection with this Agreement or (B) the material breach by Lessee of any of its obligations under this Agreement, but excluding such actions, claims, damages to persons or property penalties, obligations or liabilities arising from the sole established negligence, fraud or willful misconduct of the Lessor, the Lessor’s Representative, or those who are directly responsible to them. In connection therewith: (a) Lessee will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorney's fees incurred in connection therewith; and (b) Lessee will promptly pay any judgment rendered against Lessee, and/or the Lessor Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such installation, operations, or activities of Lessee hereunder and Lessee agrees to save and hold the Lessor Indemnitees harmless therefore.
By Lessee. Lessee shall indemnify, defend and hold harmless Lessor and the Lessor Indemnitees from and against any and all Losses suffered or incurred by any such party by reason of or resulting from (A) any Release on the Sites or Premises caused by Lessee or the Lessee Indemnitees or any Release on other property in the vicinity of the Sites or the Premises caused by Lessee or the Lessee Indemnitees to the extent any such Release impacts the Sites or the Premises; or (B) any environmental claim from any third party with regard to any violation or alleged violation of any Environmental Laws by Lessee or the Lessee Indemnitees or any actual, threatened or alleged Release affecting the Sites or the Premises by Lessee or the Lessee Indemnitees.
By Lessee. Subject to the express provisions of this Lease, by taking possession of the Premises, Lessee shall be deemed to have accepted the Premises as being in good and sanitary order, condition and repair and to have accepted the Premises in their condition existing as of the date of such possession, subject to all applicable laws, covenants, conditions, restrictions, easements, and other matters of public record and the Rules and Regulations from time to time promulgated by Lessor governing the use of any portion of the Project. Lessee shall at Lessee's sole cost and expense, keep every part of the Premises in good condition and repair, except for ordinary wear and tear, repairs or restoration work due to casualty damage or condemnation governed by Article 21 or Article 24 below (except that Lessee shall be obligated for performance of its obligations under such Articles), and work which is specified to be the obligation of Lessor pursuant to this Lease. If Lessee fails to maintain the Premises as required by this Lease, Lessor may give Lessee notice to do such acts as are reasonably required to so maintain the Premises and if Lessee fails to commence such work immediately in an emergency or where immediate action is required to protect the Premises or any portion of the Project, or within ten (10) days after such notice is given under other circumstances, and diligently prosecute it to completion, then Lessor or Lessor's agents, in addition to all of the rights and remedies available hereunder or by law and without waiving any alternative remedies, shall have the right to enter the Premises and to do such acts and expend such funds at the expense of Lessee as are reasonably required to perform such work. Any amount so expended by Lessor shall be paid by Lessee to Lessor as additional rent, upon demand. With respect to any work performed by Lessor pursuant to this Article 11.a., Lessor shall be liable to Lessee only for physical damage caused to Lessee's personal property located within the Premises to the extent such damage is caused by Lessor's active negligence or willful misconduct and is not covered by the insurance required to be maintained by Lessee pursuant to this Lease. In no event shall Lessor have any liability to Lessee for any other damages, or for any inconvenience or interference with the use of the Premises by Lessee, or for any consequential damages, including lost profits, as a result of performing any such work. Except as specifically provide...
By Lessee. Lessee shall have the right, at any time and from time to time, to surrender and terminate this Agreement by providing to Lessor written notice of such surrender. The termination shall take effect upon the date notice is given. Upon such termination, Lessee’s right, title, interest and obligations with respect to the Property shall terminate, except as provided in this Agreement to the contrary. All Payments which have accrued as of the date of termination shall be payable to Lessor by Lessee. Partial termination of select claims is not allowed without Lessors written consent.
By Lessee. It is understood and agreed that Lessee’s ability to use the Leased Space is contingent upon its obtaining and maintaining, after the execution of this Agreement, all the certificates, permits, and other approval that may be required by any federal, state, or local authorities. Lessor shall cooperate with Lessee in its efforts to obtain such approvals and shall take no action that would adversely affect the status of the Leased Space with respect to the proposed use thereof by Lessee. In the event that any of such applications should be finally rejected or any certificate, permit, license, or approval issued to Lessee is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority so that Lessee, in its sole discretion, will be unable to use the Leased Space for its intended purposes, Lessee shall have the right to terminate this Agreement upon 30 days’ written notice to Lessor, provided that, prior to exercising that right of termination, Lessee has removed all of its personal property, fixtures and equipment from the Leased Space or paid Lessor for the cost of such removal and further provided that Lessee has restored the Leased Space to its original condition or paid Lessor for the cost of such restoration. Said termination right shall also apply in the event that Lessee is otherwise, within its sole discretion, precluded from using the Leased Space for its intended purpose, provided that, prior to exercising that right of termination, Lessee has removed all of its personal property, fixtures and equipment from the Leased Space or paid Lessor for the cost of such removal and further provided that Lessee has restored the Leased Space to its original condition or paid Lessor for the cost of such restoration.
By Lessee. [If applicable, OPTION 1:] Lessee has entered into an agreement with (“the Agreement”) dated for a loan of $ to further assist the Development which will be secured by , all as more fully described under the Agreement. The Agreement provides for to be provided with a security interest as to the Development. Lessee warrants and represents that it [has provided/will provide] TCAC with a copy of the Agreement [which is subject to TCAC approval] [which previously was approved by TCAC] [and TCAC acknowledges receipt of such Agreement] prior to execution of this Lease Rider Agreement. [If applicable, OPTION 2]: Lessee has entered into one or more loan agreements (“the Agreement(s)”) which will be secured as more fully described in the Agreement(s). Lessee warrants and represents that it [will provide/has provided] a true and correct copy of said Agreement(s) to TCAC as part of TCAC’s placed in service review, for which the issuance of the IRS Form 8609 shall constitute approval.
By Lessee. Lessee may immediately terminate this Agreement in the event Lessor fails to observe or fulfill any term, condition and/or provision of this Agreement and such failure is not corrected within 30 days after written notice by Lessee.
By Lessee. Except as specifically permitted under this Lease, Lessee shall not, without the prior written consent of Lessor, assign any of its rights in, to or under this Lease or the Lease Supplement, or sublease or otherwise transfer its interest in all or any part of the Aircraft and any assignment or transfer not permitted hereunder shall be void AB INITIO. No assignment, sublease or transfer shall in no way relieve Lessee from any obligation under this Lease, which shall be and remain primary obligations of Lessee. The rights of any sublessee under a Permitted Sublease shall be subject and subordinate to all the terms of this Lease (and the Permitted Sublease shall expressly so state). Each Permitted Sublease in excess of six (6) months by its term (including any renewal rights) shall be assigned to Lessor. Notwithstanding the foregoing, Lessee shall not sell all or substantially all of its assets or merge or consolidate with any other Person, without the consent of the Lessor; provided, however, that notwithstanding the foregoing, Lessee shall have the right, without the consent of Lessor, to merge with any Person, provided that (A) immediately after any such transaction, no Event of Default has occurred and is continuing, and (B) such Person which is to be the transferee or surviving or acquiring corporation in such transaction (i) shall be duly organized and validly existing under the laws of the United States of America or a state thereof, or the District of Columbia, and a "citizen of the United States" as defined in 49 U.S.C. Section 40102(a)(15) of the Transportation Act, (ii) shall be a U.S. Air Carrier, (iii) shall have (unless Lessee is the survivor), by agreement in writing, which shall be in form and substance reasonably satisfactory to Lessor, expressly assumed the due and punctual payment of the Rent and other sums due and to become due under the Operative Documents and the due and punctual performance and observance of all the covenants and provisions of the Operative Documents, and (C) in all cases, the assignee or transferee of Lessee's assets or the survivor of the merger or consolidation has a tangible net worth at least equal to the greater of (x) Lessee's tangible net worth as of the date hereof and (iii) Lessee's tangible net worth as of the date preceding the sale, merger or consolidations.