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Nondisturbance Clause

Definition of "Nondisturbance clause"

Jeffrey  Kops
  Westcoast Management & Realty

  1. Clause inserted into a commercial lease by a mortgagee stating the lessee's current lease will not be terminated if there is a foreclosure action against the landlord for the failure to pay a mortgage. Without this clause, a tenant could be evicted in the event of a foreclosure action by the mortgagee.
  2. Clause inserted in a property sale agreement, where the property owner does not have mineral rights, stating any surface improvements made by the property owner will not be disturbed by any subsequent mineral exploration and recovery activities.

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