Common use of Lease Subordinate Clause in Contracts

Lease Subordinate. This Lease shall be subject and subordinate to any mortgage, deed of trust or ground lease now encumbering the Premises, the Office Complex, the Property, or any portion thereof by Landlord, its successors or assigns. The foregoing subordination shall be effective without the necessity of the execution and delivery of any further instruments on the part of Tenant to effectuate such subordination. Provided Tenant receives a non-disturbance agreement substantially in the form attached hereto as Exhibit C, this Lease shall be further subject and subordinate to any future mortgages, deeds of trust or ground leases and any amendments, replacements, renewals and extensions thereof. Tenant agrees at any time hereafter, within fifteen (15) days following demand, to execute and deliver any instruments, releases, or other documents that may be reasonably required for the purpose of subjecting and subordinating this Lease, as above provided, to the lien of any such mortgage, deed of trust or ground lease, provided such documents shall be reasonably acceptable to Tenant. It is agreed, nevertheless, that as long as Tenant is not in default in the payment of Base Rent, Additional Rent, and the payment of other charges to be paid by Tenant under this Lease, and the performance of all covenants, agreements and conditions to be performed by Tenant under this Lease beyond any applicable notice and cure period, then neither Tenant's right to quiet enjoyment under this Lease, nor the right of Tenant to continue to occupy the Premises and to conduct its business thereon, in accordance with the terms of this Lease as against any Landlord, Tenant, mortgagee, trustee, or their successors or assigns shall be interfered with.

Lease Subordinate. This Lease shall be subject and subordinate to any mortgageground or underlying lease or leases or any mortgage or mortgages now or hereafter on the Lot or Building, deed of trust or ground lease now encumbering the Premises, the Office Complex, the Propertyboth, or any portion portions thereof, which are separately and together hereinafter in this Article IX referred to as "the mortgaged premises", and to each advance made or hereafter to be made under any mortgage(s), and to all renewals, modifications, consolidation, replacements and extensions thereof and all substitutions therefor. Tenant acknowledges that, where applicable, any consent or approval hereafter given by Landlord may be subject to the further consent or approval of the holder of any such mortgage or lessor under any ground or underlying lease; and the failure, delay or refusal of such holder or lessor to give such consent or approval shal1, notwithstanding anything to the contrary in this Lease contained, constitute reasonable justification for Landlord's withholding its consent or approval. Landlord shall obtain from its present mortgagee of the Premises a subordination, non-disturbance and attornment agreement in such mortgagee's standard form, providing that, among other things, for this subordination of this Lease to the lien of such mortgage, providing for the Tenant to attorn to such mortgage or its successors nominee, designee or assignssuccessor in the event of any foreclosure of its mortgage. The foregoing subordination shall be effective without as it pertains to mortgages hereafter made (which term includes any agreement modifying any mortgage now in existence or hereafter made) is conditioned upon the necessity agreement of the execution and delivery of any further instruments on the part of Tenant to effectuate such subordination. Provided Tenant receives a non-disturbance agreement substantially in the form attached hereto as Exhibit C, this Lease shall be further subject and subordinate to any future mortgages, deeds of trust or ground leases and any amendments, replacements, renewals and extensions thereof. Tenant agrees at any time hereafter, within fifteen (15) days following demandmortgagee, to execute and deliver any instruments, releases, or other documents that may be reasonably required for the purpose of subjecting and subordinating this Lease, as above provided, to the lien of any such mortgage, deed of trust or ground lease, provided such documents shall be reasonably acceptable delivered by it to Tenant. It is agreed, nevertheless, wherein the mortgagee agrees in substance that as so long as Tenant is not in default beyond any applicable grace period under this Lease or under the agreement with such mortgagee (i) the Tenant will not be disturbed in Tenant's possession of the premises under the terms of the Lease by any holder of the mortgage; (ii) Tenant will not be joined in any action or proceeding to foreclose the mortgage by any holder thereof. The giving of such agreement by the mortgagee may be conditioned by it on the reciprocal agreement by the Tenant to attorn to the holder of the mortgage should it become vested with the Landlord's interest in the payment Premises. Such agreement may also contain provisions, at the option of Base Rent, Additional Rent, and the payment holder of other charges the mortgage to be paid by Tenant the effect that: In the event that mortgagee succeeds to the interest of Landlord under this the Lease, or title to the Premises, then mortgagee and any Successor shall assume and be bound by the obligations of Landlord under the Lease which accrue from and after such party's succession to Landlord's interest in the Leased Premises, but mortgagee such Successor shall not be: (i) liable for any act or omission of any prior landlord (including Landlord), except to the extent that any such act or omission constitutes a default under the Lease which continues after mortgagee or any Successor succeeds to the interest of Landlord under the Lease; (ii) liable for the retention, application or return of any security deposit to the extent not paid over to mortgagee; (iii) subject to any offsets or defenses which Tenant might have against any prior landlord (including Landlord); (iv) bound by any rent or additional rent which Tenant might have paid for more than the current month to any prior landlord (including Landlord); (v) bound by any amendment or modification of the Lease made without mortgagee's or such Successor's prior written consent; or (vi) obligated to cure any defaults of any prior landlord under the Lease which occurred prior to the date on which mortgagee or such Successor succeeded to Landlord's interest under the Lease. Tenant will agree that any person or entity which at any time hereafter becomes the landlord under the Lease, including without limitation, mortgagee or any Successor, shall be liable only for the performance of all covenants, agreements and conditions to be performed by Tenant the obligations of the landlord under this the Lease beyond any applicable notice and cure period, then neither Tenant's right to quiet enjoyment under this Lease, nor which arise or exist during the right period of Tenant to continue to occupy its or their ownership of the Premises and shall not be liable for any obligations of the landlord under the Lease which arise prior to conduct its business thereonor subsequent to such ownership. Tenant shall further agree that any such liability shall be limited to the interest of mortgagee or such Successor in the Property, in accordance with the terms of this Lease as and Tenant shall not be able to enforce any such liability against any Landlordother assets of mortgagee or such Successor. Tenant will agree to give notice to mortgagee of any default by Landlord under the Lease, Tenantspecifying the nature of such default, and thereupon mortgagee shall have a reasonable right for a reasonable time (but not the obligation) to cure such default, and (if Tenant is entitled to terminate the Lease or abate any rent payable thereunder by reason of such dxxxxxt) Tenant shall not terminate the Lease or abate the rent payable thereunder by reason of such dxxxxxt unless and until it has afforded mortgagee such time after mortgagee's receipt of such notice to cure such default, trusteeincluding time to pursue foreclosure and obtaining of possession. It is specifically agreed that Tenant shall not require mortgagee to cure any default which is not susceptible of cure by mortgagee. Tenant will covenant and agree that: (i) Tenant shall not pay any rent or additional rent under the Lease more than one month in advance; (ii) Tenant shall have no right to appear in any foreclosure action under the mortgage; (iii) Tenant shall not amend, modify, cancel or their successors terminate the Lease without mortgagee's prior written consent, and any attempted amendment, modification, cancellation or assigns termination of the Lease without such consent shall be interfered withof no force or effect as to mortgagee; (iv) Tenant shall not voluntarily subordinate the Lease to any lien or encumbrance (other than the mortgage) without mortgagee's prior written consent.

Lease Subordinate. This Lease shall be subject and subordinate to any mortgage, deed of trust or ground lease now encumbering hereafter placed upon the Premises, the Building, the Office Complex, the Property, or any portion thereof thereof, by Landlord, and its successors or assigns. The foregoing subordination shall be effective without the necessity of the execution , and delivery of any further instruments on the part of Tenant to effectuate such subordination. Provided Tenant receives a non-disturbance agreement substantially in the form attached hereto as Exhibit C, this Lease shall be further subject and subordinate to any future mortgages, deeds of trust or ground leases and any amendments, replacements, renewals and extensions thereof. Tenant agrees at any time hereafter, within fifteen provided that Landlord has caused the applicable Mortgagee (15as defined below) days following demand, to execute and deliver any instrumentsa subordination, releasesnon-disturbance and attornment agreement, or other documents that may be in form and substance reasonably required for the purpose of subjecting acceptable to Landlord, Tenant and subordinating this Lease, as above provided, such Mortgagee with respect to the lien of any such applicable mortgage, deed of trust or ground leaselease (and Tenant agrees to execute and deliver the same, provided such documents shall be reasonably acceptable at no out-of-pocket cost to Tenant). It is agreedAny such subordination, neverthelessnon-disturbance and attornment agreement shall provide that, that as long as Tenant is not in default Default in the payment of Base Rent, Additional Rent, and the payment of other charges to be paid by Tenant under this Lease, and the performance of all covenants, agreements and conditions to be performed by Tenant under this Lease beyond any applicable notice and cure period(subject to Landlord’s obligations under Section 16.22 hereof), then neither there will be no interference with Tenant's ’s right to quiet enjoyment under this Lease, nor or with the right of Tenant to continue to occupy the Premises and to conduct its business thereon, in accordance with the terms of this Lease as against any Landlordlessor, Tenantlessee, mortgagee, mortgagee or trustee, or their respective successors or assigns shall be interfered withassigns. Landlord hereby represents to Tenant that, as of the date of this Lease, the fee estate of the Property is not subject to any mortgage lien.

Lease Subordinate. This Lease shall be subject and subordinate to any mortgage, deed of trust or ground lease now encumbering or hereafter placed upon the Premises, the Office Complex, the Property, Premises or any portion thereof by Landlord, its successors or assigns. The foregoing subordination shall be effective without the necessity of the execution , and delivery of any further instruments on the part of Tenant to effectuate such subordination. Provided Tenant receives a non-disturbance agreement substantially in the form attached hereto as Exhibit C, this Lease shall be further subject and subordinate to any future mortgages, deeds of trust or ground leases and any amendments, replacements, renewals and extensions thereof. Tenant Xxxxxx agrees at any time hereafter, within fifteen (15) days following upon demand, to execute and deliver any instruments, releases, or other documents that may be reasonably required for the purpose of subjecting and subordinating this Lease, as above provided, to the lien of any such mortgage, deed of trust or ground lease. In addition, upon request by Xxxxxx and provided such documents shall be reasonably acceptable to Tenant. It is agreed, nevertheless, that as long as Tenant is not in default in the payment of Base Rent, Additional Rent, and the payment of other charges to be paid by Tenant under this Lease, Landlord agrees to use diligent, commercially reasonable efforts to obtain a non-disturbance agreement from any such mortgage or deed of trust holder provided that if after exerting such diligent, commercially reasonable efforts Landlord is unable to obtain such agreement, Landlord shall have no further obligation to Tenant with respect thereto. Landlord represents and warrants that as of the performance date of all covenantsLandlord’s execution and delivery of this Lease, agreements and conditions neither the Building nor Project are encumbered by any such ground or underlying leases, mortgages or deeds of trust. Notwithstanding the foregoing, Tenant’s agreement to be performed by Tenant enter into a written agreement to subordinate its interest under this Lease beyond any applicable notice and cure periodto a lien or ground lease not in existence as of the date of this Lease shall be conditioned upon the holder of such lien, then neither Tenant's right to quiet enjoyment or a ground lessor, as applicable, confirming in writing that Xxxxxx’s leasehold interest hereunder shall not be disturbed so long as no default by Tenant exists under this Lease, nor the right of Tenant to continue to occupy the Premises and to conduct its business thereon, in accordance with the terms of this Lease as against any Landlord, Tenant, mortgagee, trustee, or their successors or assigns shall be interfered with.