(E)
ASSIGNMENT OF PROCEEDS.
CONCURRENTLY WITH THE EXECUTION AND DELIVERY OF A
NEW LEASE PURSUANT TO THE PROVISIONS OF SECTION 31.6(B) HEREOF, LANDLORD SHALL
ASSIGN TO THE TENANT NAMED THEREIN ALL OF ITS RIGHT, TITLE AND INTEREST IN AND
TO MONIES (INCLUDING INSURANCE PROCEEDS AND CONDEMNATION AWARDS), IF ANY, THEN
HELD BY, OR PAYABLE TO, LANDLORD THAT TENANT WOULD HAVE BEEN ENTITLED TO RECEIVE
BUT FOR THE TERMINATION OF THIS LEASE OR THE OCCURRENCE OF AN EVENT OF DEFAULT,
OTHER THAN ANY SUCH AMOUNTS THERETOFORE APPLIED UNDER THIS LEASE TO THE
DISCHARGE OF TENANT'S OBLIGATIONS TO LANDLORD HEREUNDER, SUBJECT TO THE RIGHTS,
IF ANY, OF THE PRIOR TENANT THEREIN AND TO THE PROVISIONS OF SUCH NEW LEASE.
(F)
NO OBLIGATION TO DELIVER POSSESSION.
NOTHING CONTAINED HEREIN SHALL BE
DEEMED TO OBLIGATE LANDLORD TO REMOVE ANY LIENS, ENCUMBRANCES OR OTHER DEFECTS
IN TITLE TO THE PROPERTY OR TO DELIVER POSSESSION OF THE DEMISED PREMISES OR THE
COMMON ELEMENTS TO THE TENANT UNDER ANY SUCH NEW LEASE, EXCEPT FOR THE DELIVERY
OF POSSESSION FREE AND CLEAR OF THE
153
claims of persons or entities claiming through or under Landlord, other than
Tenant and those claiming by, through or under Tenant.
(G)
ASSIGNMENT OF SUBLEASES.
UPON THE EXECUTION AND DELIVERY OF A NEW LEASE
PURSUANT TO THE PROVISIONS OF THIS SECTION 31.6, ALL SUBLEASES THAT MAY HAVE
BEEN ASSIGNED TO LANDLORD AND ALL LEASES THAT LANDLORD MAKES DIRECTLY SHALL BE
ASSIGNED AND TRANSFERRED, WITHOUT RECOURSE, TO THE TENANT NAMED IN THE NEW
LEASE.
BETWEEN THE DATE OF TERMINATION OF THIS LEASE AND THE DATE OF THE
EXECUTION AND DELIVERY OF THE NEW LEASE, IF A RECOGNIZED MORTGAGEE HAS TIMELY
REQUESTED A NEW LEASE AS PROVIDED IN THIS SECTION 31.6, LANDLORD SHALL NOT
MATERIALLY MODIFY OR AMEND, OR CANCEL, ANY SUBLEASE OR ACCEPT ANY CANCELLATION,
TERMINATION OR SURRENDER THEREOF (UNLESS SUCH TERMINATION OCCURS AS A MATTER OF
LAW UPON THE TERMINATION OF THIS LEASE OR PURSUANT TO THE EXPRESS TERMS OF THE
SUBLEASE) OR ENTER INTO ANY NEW SUBLEASE WITHOUT THE CONSENT OF THE RECOGNIZED
MORTGAGEE OR SUCH DESIGNEE OR NOMINEE.
(H)
CREDITS.
ANY RENT CREDITS TO WHICH TENANT IS ENTITLED UNDER THIS LEASE
AND WHICH HAVE NOT BEEN EXHAUSTED AT THE TIME THIS LEASE IS TERMINATED, AND
INTEREST THEREON SHALL INURE TO THE BENEFIT OF THE TENANT UNDER ANY NEW LEASE
GRANTED PURSUANT TO SECTION 31.6(B) HEREOF.
(I)
CONTINUATION OF THIS LEASE IN LIEU OF ENTERING INTO NEW LEASE.
(I)
TERMINATION NOTICE.
A RECOGNIZED MORTGAGEE SHALL HAVE THE RIGHT, WITHIN
FIFTEEN (15) DAYS AFTER THE DELIVERY OF THE TERMINATION NOTICE TO SUCH
RECOGNIZED MORTGAGEE PURSUANT TO SECTION 31.6(A) HEREOF, TO ELECT TO CONTINUE
THIS LEASE IN LIEU OF REQUESTING A NEW LEASE BY NOTICE TO LANDLORD, SUBJECT TO
THE FURTHER CONDITIONS OF THIS SECTION 31.6(I).
SUCH RIGHT MAY BE EXERCISED BY
A RECOGNIZED MORTGAGEE, OR ANY DESIGNEE OR NOMINEE THEREOF WHICH SATISFIES THE
CONDITIONS SET FORTH IN CLAUSES (I) AND (II) OF THIS SECTION 31.6(I).
(II)
ELECTION TO CONTINUE LEASE.
IF A