Dish Wireless LLC 5/29/2024 - Laserfiche WebLink

Dish Site: SESEA00125A 27. BANKRUPTCY. a. The Lessor and the Lessee hereby expressly agree and acknowledge that it is the intention of both Parties that in the event that during the term of this Lease if Lessee shall become a debtor in any voluntary or involuntary bankruptcy proceeding under the United States Bankruptcy Code, 11 U.S.C. §§ 101, et seq. (the"Code"),this Lease is and shall be treated for all purposes and considered for all intents as an"unexpired Lease of nonresidential real property,"and the Rent is and shall be treated for all purposes and considered for all intents as "rent" under Section 365 of the Code, 11 U.S.C. § 365 (as may be amended), and, accordingly, shall be subject to the provisions of subsections (d)(3) and (d)(4) of said Section 365 (as may be amended). b. Any person or entity,to which this Lease is assigned pursuant to the provisions of the Code, shall be deemed without further act to have assumed all of the obligations of Lessee arising under this Lease after the date of such assignment. Any such assignee shall within thirty (30) days after receipt of a written request execute and deliver to Lessor an instrument in a commercially reasonable form confirming such assumption. Any monies or other considerations payable or otherwise to be delivered in connection with such assignment shall be paid to Lessor, shall be the exclusive property of Lessor, and shall not constitute property of the Lessee or of the estate of Lessee within the meaning of the Code. Any monies or other considerations constituting Lessor's property under the preceding sentence not paid or delivered to Lessor shall be held in trust for the benefit of Lessor and be promptly paid to Lessor. 28. WAIVERS. The waiver by either Party of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, or any subsequent breach of the same or any other term,covenant,or condition herein contained. The subsequent acceptance of Rent hereunder by Lessor shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant, or condition of this Lease, other than the failure of Lessee to pay the particular Rent so accepted, regardless of Lessor's knowledge of such preceding breach at the time of acceptance of such rent. 29. LIENS. Lessee shall keep the Site free and clear of any liens and encumbrances arising or growing out of the use and occupancy of the Site by Lessee. At the Lessor's request, Lessee shall furnish the Lessor with written proof of payment of any item which may constitute the basis for such a lien on the Site if not paid. 30. REPRESENTATIONS AND WARRANTIES. a. LESSOR REPRESENTATIONS AND WARRANTIES. Lessor represents, warrants and covenants that: i. Lessor has the right and authority to execute and perform this Lease; Page 17 of 31 CO/1-1