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HomeMy WebLinkAbout1475 ~ - • ~ ~ . ~ - . t . ' • . .,4 ~ . L~: . ry- . t'~ • . ~ Uf E~ RECORnS R~t1224 ~r~<<i8s~s ~0~1423 ~~~~E~~~ P~n~eap6 Z5 . ~f ary company of Continental or the Company, or any one or more of ' them, and any snch assignee or transferee ahall unconditionally and irrevocably assnme the dne performance of ~ the obligations of the Company hereunder to the eatent of the intereet asaigned or transferred, and (iu) npon the assignment or transfer of thia Lease in its entirety pursnant to clause (u) of thia Paragraph 25(a) and the assumption in aocordance with eaid alanse of the due performance of all of tLe obliga- tions of the Company to be observed and performed Lerennder and nnder the Assig?nment by it, the Company sLall be released and dis- charged from any fnrther obligatione nnder this Lease or nnder any instrament of assignment thereof. Eacept as specifically prnvided in this clanse (a), the Gompany will not mortgage, pledge, assign, transfer or otherwise encumber this Lease, in whole or in part. Propertiea i will, upon tLe Company 's request and a~ the Company's eapense, eae- i cnte and deliver to the Company, or any snblessee of .one or more of the ~ Leased Parcels specified by the Company, a non-distnrbance agreement ' i or other instraiuent in form and snbstance satisfactory to the Company ~ to the effect that Properties will recognize and give effect to the anb- ~ lease specified in the Company's reqnest so that the rights of the snb- ~ lessee nnder such snblease ehall not be affected or distnrbed by Prop- erties npon the ezpiration or termination of thia Lease or the egercise of any of the rights of Properties Lerennder, it being intended that any such non-dis~tnrbaiice ~greement or other instrnment delivered pnrsnant ~ to this Paragraph 25(a) may be relied npon by any snblessee or pro- ~ apective snbleasee of the Leased Premises. Propertiea may reqnire that ~ such non-disturbance agreement provide that the obligations of Proper- ~ ties therennder shall be conditioned npon the receipt by Properties ~ ~ and the Trastee of a copy of the lease to wbich snch non-distnrbance ~ ~ agreement reL~tes and a certificate si~ned by an independent real estate ~ ~ appraiser stating that the rent reserved by snch lease equals or eaceeds ~ the fair rental value of the premises leased thereby at the time snch ~ lease vPas ezecnted. ~ ~ (b) Successor to Company. In the event of a merger or cousolida- ~ tion between tbe Company and any other corporation or a transfer of ~ ~ substantially all the assets of the Companp permitted by the Aasign- z' ~ ment, the successor corporation or transferee shall sneceed to and be ~ ~ • ' t ~ ~i FI 'I - ~ ~ ~.3 ~ ~ e~g~. i~ 74 ~ ~