Attornment and Nondisturbance. Tenant agrees that in the event that any holder of a Superior Lien succeeds to Landlord's interest in the Premises, Tenant shall pay to such holder all Rents subsequently payable under this Lease. Furthermore, if the Superior Lien instrument provides that this Lease is superior to the Superior Lien or if the holder of the Superior Lien elects to so treat this Lease, Tenant agrees that in the event of the enforcement by the holder of a Superior Lien of the remedies provided for by law or by such Superior Lien, Tenant shall, upon request of any person or party succeeding to the interest of Landlord as a result of such enforcement, automatically become the Tenant of and attorn to such successor in interest without change in the terms or provisions of this Lease. Such successor in interest shall not be bound by or liable for:
(a) Any payment of Rent for more than one month in advance, except prepayments in the nature of security for the performance by Tenant of its obligations under this Lease;
(b) Any amendment or modification of this Lease made without the written consent of such successor in interest (if such consent was required under the terms of such Superior Lien);
(c) Any claim against Landlord arising prior to the date on which such successor in interest succeeded to Landlord's interest; or
(d) Any claim or offset against Rent. Upon request by such successor in interest and without cost to Landlord or such successor in interest, Tenant shall, within twenty (20) days after written demand, execute, acknowledge, and deliver an instrument or instruments confirming the attornment, so long as such instrument provides that such successor in interest will not disturb Tenant in its use of the Premises in accordance with, and as long as no event of default has occurred or continues under, this Lease.
Attornment and Nondisturbance. If a Successor Landlord succeeds to the interest of the Landlord under the Lease, and provided that such Successor Landlord has not elected to terminate the Lease as permitted by Section 3 above:
(a) The Lease shall continue in full force and effect as a direct lease between the Successor Landlord and Tenant for the balance of the term of the Lease, or any extensions or renewals thereof contemplated by the Lease; and Tenant, for itself and all other parties bound or affected by the Lease, agrees that it will attorn to, be liable to and recognize any Successor Landlord as the owner and lessor of the Leased Premises upon the same terms and conditions as are contained in the Lease (said attornment shall be effective and self-operative without the execution of any other instruments on the part of any party hereto, immediately upon Successor Landlord succeeding to the interests of Borrower under the Lease), and Tenant shall pay rent and all other amounts due under the Lease directly to the Successor Landlord; and
(b) From and after such Successor Landlord's acquisition of title, Successor Landlord shall be deemed to have assumed the Landlord's obligations under the Lease, provided, however, that the Successor Landlord shall not be:
(i) liable for any act or omission of any prior landlord (including without limitation Borrower);
(ii) liable for the return of any security deposit or other amount payable to Tenant upon the termination of the Lease, unless such amounts were previously actually delivered to the Successor Landlord by Borrower;
(iii) be obligated to cure any default of any prior landlord (including, without limitation Borrower), which occurred prior to the date the Successor Landlord acquired title to the Leased Premises unless the default is continuing after the date the Successor Landlord acquires title;
(iv) subject to any offsets or defenses which Tenant may have against any prior landlord (including without limitation Borrower);
(v) bound by any rent or additional rent which Tenant might have paid for more than one (1) month in advance to any prior landlord (including without limitation Borrower), unless Lender shall have consented in writing thereto or shall have received, directly or indirectly, such rent or additional rent; or
(vi) liable for any consequential damages attributable to any acts or omissions of any prior landlord (including without limitation Borrower); or
(vii) obligated to restore improvements following any casualty not require...
Attornment and Nondisturbance. Lessee acknowledges that the Subordination, Nondisturbance and Attornment Agreement attached hereto as Exhibit 2 is in form and content acceptable to Lessee and constitutes a commercially reasonable nondisturbance agreement within the meaning of Section 30.3 of the Lease.
Attornment and Nondisturbance. Tenant agrees that in the event that any holder of a superior lien succeeds to landlord's interest in the premises, tenant will pay to such holder all rents subsequently payable under this Lease, Further, tenant agrees that in the even of the enforcement by the holder of a superior lien of the remedies provided for by law or by such superior lien, tenant will, upon request of any person or party succeeding to the interest of landlord as a result of such enforcement, automatically become the tenant of and attorn to such successor in interest without change in the terms or provisions of this Lease. Such successor in interest will not be bound by:
(a) Any payment of rent for more than one month in advance, except prepayments in the nature of security for the performance by tenant of its obligations under this Lease;
(b) Any claim against landlord arising prior to the date on which such successor in interest succeeded to landlord's interest: or
(c) Any Security Deposit, except to the extent delivered to such successor in interest. Upon request by such successor in interest and without cost to landlord or such successor in interest, tenant will, within 10 days after written demand, execute, acknowledge, and deliver an instrument confirming the attornment, so long as such instrument provides that such successor in interest will not disturb tenant in its use of the premises in accordance with this Lease.
Attornment and Nondisturbance. 22 SECTION 19.1 Nondisturbance.........................................22 SECTION 19.2
Attornment and Nondisturbance. At any time(s) during the term of the Lease, Lessee shall, within 20 days following Lessor's written request therefor, execute and deliver to Lessor's lender a commercially reasonable subordination, nondisturbance and attornment agreement. For purposes of Paragraph 30 of the Lease and this paragraph of the Addendum, Lessee acknowledges and agrees that the subordination, nondisturbance and attornment agreement in form and of content as Exhibit 2 attached hereto is commercially reasonable and is reasonably acceptable to Lessee. The obligations of Lessor and Lessee under this Lease are conditioned upon receipt by Lessor, on or before December 15, 2000, of (1) written approval from San Diego National. Bank (i.e., Lessor's lender) ("Lender") of the terms of this Lease and (2) a nondisturbance agreement signed by Lender in a form reasonably acceptable to Lessee. If on or before December 15, 2000, Lender fails to deliver written approval of this Lease and a signed nondisturbance agreement reasonably acceptable to Lessee, then the following shall apply:
30.1. At any, time after December 15, 2000, either party may deliver to the other party written notice of intention to terminate this Lease ("a Termination Notice").
30.2. If Lessee delivers to Lessor a Termination Notice, then this Lease will terminate unless, within 15 days following receipt of the Termination Notice, (1) Lender delivers written approval of this Lease and a signed nondisturbance agreement reasonably acceptable to Lessee and (2) Lessor delivers to Lessee a written waiver of Lessor's right to deliver a Termination Notice.
30.3. If Lessor delivers to Lessee a Termination Notice, then this Lease will terminate unless, within 15 days following receipt of the Termination Notice, (1) Lender delivers written approval of this Lease and (2) Lessee delivers to Lessor a written waiver of Lessee's right to deliver a Termination Notice.
Attornment and Nondisturbance. Xxxxxx agrees that in the event that any holder of a superior lien succeeds to Landlord’s interest in the Premises, Xxxxxx will pay to such holder all rents subsequently payable under this Lease. Further, Xxxxxx agrees that in the event of the enforcement by the holder of a superior lien of the remedies provided for by law or by such superior lien, Tenant will, upon request of any person or party succeeding to the interest of Landlord as a result of such enforcement, automatically become the Tenant of and attorn to such successor in interest without change in the terms or provisions of this Lease. Notwithstanding anything to the contrary, as a condition to Tenant’s subordination and attornment, Landlord shall obtain from any future mortgagee, or successor to mortgagee’s interest a subordination, a non-disturbance and attornment agreement (“SNDA”) reasonably acceptable to such mortgagee and Tenant, which shall state that Tenant’s right to occupy the Premises under the Terms of this Lease shall not be disturbed and Xxxxxx’s rights under this Lease and Xxxxxx’s leasehold estate created hereby shall not be diminished by reason of any default under a mortgage affecting the Project or foreclosure thereof, so long as Tenant is not in default in performance of its obligations under the Lease beyond any applicable cure period provided in the Lease.
Attornment and Nondisturbance. Notwithstanding any termination of this Fleet Parking Sublease or any default by ISBA hereunder, and provided that all conditions for Sub-subleases set forth in Section 7.1(a) above have been satisfied, or the Agency and County have otherwise approved such Sub-sublease, Agency covenants and agrees to recognize and to not disturb the right of any Sub-sublessees, third party user or their respective lenders, to use and possess all or any portion of the Fleet Parking Units, provided that:
Attornment and Nondisturbance. In the event that Lender succeeds to Landlord’s interest under the Lease, Tenant agrees to attorn to Lender. In consideration of Tenant’s attornment and provided that Tenant is not in default under the Lease beyond any applicable notice and grace periods, the Lease will remain in full force and effect and Lender will not disturb Tenant’s rights under the Lease.
Attornment and Nondisturbance. If, at any time during the Term of this Lease, a mortgage to which this Lease is subordinate is foreclosed, then Tenant agrees at the election and upon demand of any owner (other than Landlord) of the Property, or of any mortgagee in possession, or of any holder of a leasehold affecting the Property, or of any purchaser at foreclosure, to attorn, from time to time, to any such owner, mortgagee, holder, or purchaser upon the terms and conditions set forth in this Lease for the remainder of the Term. Tenant is not obligated to attorn unless, if Tenant requests in writing, such holder, owner, mortgagee, or purchaser shall execute and deliver to Tenant an instrument by which the holder, owner, mortgagee, or purchaser agrees that so long as Tenant performs all the terms, covenants, and conditions of this Lease on Tenant's part to be performed, Tenant's possession under the provisions of this Lease shall not be disturbed by such holder, owner, mortgagee, or purchaser.
