Common use of Lease Superior or Subordinate to Mortgages Clause in Contracts

Lease Superior or Subordinate to Mortgages. It is agreed that, subject to Xxxxxxxx's obtaining non-disturbance agreement as further described in the last sentence of this Section 9.2, the rights and interest of Tenant under this Lease shall be (i) subject or subordinate to any present or future mortgage or mortgages and to any and all advances to be made thereunder, and to the interest of the holder thereof in the Premises or any property of which the Premises are a part if Landlord shall elect by notice to Tenant to subject or subordinate the rights and interest of Tenant under this Lease to such mortgage or (ii) prior to any present or future mortgage or mortgages, if Landlord shall elect, by notice to Tenant, to give the rights and interest of Tenant under this Lease priority to such mortgage; in the event of either of such elections and upon notification by Landlord to that effect, the rights and interest of Tenant under this Lease should be deemed to be subordinate to, or have priority over, as the case may be, said mortgage or mortgages, irrespective of the time of execution or time of recording of any such mortgage or mortgages (provided that, in the case of subordination of this Lease to any future mortgages, the holder thereof agrees not to disturb the possession of Tenant so long as Tenant is not in default hereunder). Xxxxxx agrees it will, upon request of Landlord, execute, acknowledge and deliver any and all instruments deemed by Landlord necessary or desirable to give effect to or notice of such subordination or priority. Tenant also agrees that if it shall fail at any time to execute, acknowledge and deliver any such instrument requested by Landlord, Landlord may, in addition to any other remedies available to it, execute, acknowledge and deliver such instrument as the attorney-in-fact of Tenant and in Tenant's name; and Xxxxxx does hereby make, constitute and irrevocably appoint Landlord as its attorney-in-fact, coupled with an interest with full power of substitution, and in its name, place and stead so to do. Any Mortgage to which this Lease shall be subordinated may contain such terms, provisions and conditions as the holder deems usual or customary. Landlord will obtain a non-disturbance agreement for the benefit of Tenant from its current mortgagee, if any, in connection with Xxxxxx's use and occupancy under this Lease, substantially to the effect that no steps or proceedings taken by reason of Landlord's default under such mortgage shall terminate this Lease, nor shall Tenant be named a defendant in any proceeding for foreclosure of such mortgage or be disturbed by virtue of such steps or proceedings.

Lease Superior or Subordinate to Mortgages. It is agreed that, subject to Xxxxxxxx's obtaining non-disturbance agreement as further described in that the last sentence of this Section 9.2, the ------------------------------------------- rights and interest of Tenant under this Lease shall be (i) subject or subordinate to any present or future mortgage or mortgages and to any and all advances to be made thereunder, and to the interest of the holder thereof in the Premises or any property of which the Premises are a part if Landlord shall elect by notice to Tenant to subject or subordinate the rights and interest of Tenant under this Lease to such mortgage or (ii) prior to any present or future mortgage or mortgages, if Landlord shall elect, by notice to Tenant, to give the rights and interest of Tenant under this Lease priority to such mortgage; in the event of either of such elections and upon notification by Landlord to that effect, the rights and interest of Tenant under this Lease should be deemed to be subordinate to, or have priority over, as the case may be, said mortgage or mortgages, irrespective of the time of execution or time of recording of any such mortgage or mortgages (provided thatprovided, in however, that as a condition to the case of subordination of this Lease to any future mortgages, the holder thereof agrees not to disturb the possession of Tenant so long as Tenant is not in default hereunder). Xxxxxx This Section shall be self-operative and no further instrument of subordination shall be required. In confirmation of such subordination, Tenant agrees it will, upon not less than ten (10) days' prior written request of by Landlord, execute, acknowledge and deliver any and all instruments deemed by Landlord necessary or desirable to give effect to or notice of such subordination or priority. Tenant also agrees that if it shall fail at any time to execute, acknowledge and deliver any such instrument requested by Landlord, Landlord may, in addition to any other remedies available to it, execute, acknowledge and deliver such instrument as the attorney-in-fact of Tenant and in Tenant's name; and Xxxxxx does hereby make, constitute and irrevocably appoint Landlord as its attorney-in-fact, coupled with an interest with full power of substitution, and in its name, place and stead so to do. Any Mortgage to which this Lease shall be subordinated may contain such terms, provisions and conditions as the holder deems usual or customary. Landlord will agrees to obtain a non-disturbance agreement for the benefit of Tenant from its current mortgageelender an agreement that the possession of Tenant will not be disturbed so long as Tenant is not in default hereunder. Landlord agrees to obtain from any future lenders, if anyand to use reasonable efforts to obtain from its current lender, in connection with Xxxxxx's use and occupancy under this Lease, substantially an agreement that the proceeds of insurance will be released to the effect that no steps or proceedings taken by reason of Landlord for Landlord's default under such mortgage shall terminate Restoration Work, unless this Lease, nor shall Tenant be named a defendant Lease is otherwise terminated in any proceeding for foreclosure of such mortgage or be disturbed by virtue of such steps or proceedingsaccordance with the provisions hereof.

Lease Superior or Subordinate to Mortgages. It is agreed that, subject to Xxxxxxxx's obtaining non-disturbance agreement as further described in the last sentence of this Section 9.2, that the rights and interest of Tenant under this Lease shall be (i) subject or subordinate to any present or future mortgage or mortgages and to any and all advances to be made thereunder, and to the interest of the holder thereof in the Premises or any property of which the Premises are a part if Landlord shall elect by notice to Tenant to subject or subordinate the rights and interest of Tenant under this Lease to such mortgage or (ii) prior to any present or future mortgage or mortgages, if Landlord shall elect, by notice to Tenant, to give the rights and interest of Tenant under this Lease priority to such mortgage; in the event of either of such elections and upon notification by Landlord to that effect, the rights and interest of Tenant under this Lease should be deemed to be subordinate to, or have priority over, as the case may be, said mortgage or mortgages, irrespective of the time of execution or time of recording of any such mortgage or mortgages (provided that, in the case of subordination of this Lease to any future mortgages, the holder thereof agrees not to disturb the possession of Tenant so long as Tenant Xxxxxx is not in default hereunder). Xxxxxx agrees it will, upon not less than ten (10) days' prior written request of Landlordby Xxxxxxxx, execute, acknowledge and deliver any and all instruments deemed by Landlord necessary or desirable to give effect to or notice of such subordination or priority. Tenant also agrees that if it shall fail at any time to execute, acknowledge and deliver any such instrument requested by Landlord, Landlord may, in addition to any other remedies available to it, execute, acknowledge and deliver such instrument as the attorney-in-fact of Tenant and in Tenant's name; and Xxxxxx does hereby make, constitute and irrevocably appoint Landlord as its attorney-in-fact, coupled with an interest with full power of substitution, and in its name, place and stead so to do. Any Mortgage to which this Lease shall be subordinated may contain such terms, provisions and conditions as the holder deems usual or customary. Landlord will obtain a non-disturbance agreement for the benefit of Tenant from its current mortgagee, if any, in connection with Xxxxxx's use and occupancy under this Lease, substantially to the effect that no steps or proceedings taken by reason of Landlord's default under such mortgage shall terminate this Lease, nor shall Tenant be named a defendant in any proceeding for foreclosure of such mortgage or be disturbed by virtue of such steps or proceedings.

Lease Superior or Subordinate to Mortgages. It is agreed that, subject to Xxxxxxxx's obtaining non-disturbance agreement as further described in the last sentence of this Section 9.2, that the rights and interest of Tenant under this Lease shall be (i) subject or subordinate to any present or future mortgage or mortgages and to any and all advances to be made thereunder, and to the interest of the holder thereof in the Premises or any property of which the Premises are a part if Landlord shall elect by notice to Tenant to subject or subordinate the rights and interest of Tenant under this Lease to such mortgage or (ii) prior to any present or future mortgage or mortgages, if Landlord shall elect, by notice to TenantXxxxxx, to give the rights and interest of Tenant under this Lease priority to such mortgage; in the event of either of such elections and upon written notification by Landlord to that effect, the rights and interest of Tenant under this Lease should be deemed to be subordinate to, or have priority over, as the case may be, said mortgage or mortgages, irrespective of the time of execution or time of recording of any such mortgage or mortgages (provided that, in the case of subordination of this Lease to any future mortgages, the holder thereof agrees not to disturb the possession of Tenant so long as Tenant is not in default beyond any applicable notice, grace and cure periods hereunder). Xxxxxx agrees it will, upon request of Landlord, execute, acknowledge and deliver any and all instruments deemed by Landlord reasonably necessary or desirable to give effect to or notice of such subordination or priority. Tenant also agrees that if it shall fail at any time to execute, acknowledge and deliver any such instrument requested by Landlord, Landlord may, in addition to any other remedies available to it, execute, acknowledge and deliver such instrument as the attorney-in-fact of Tenant and in Tenant's name; and Xxxxxx does hereby make, constitute and irrevocably appoint Landlord as its attorney-in-fact, coupled with an interest with full power of substitution, and in its name, place and stead so to do. Any Mortgage to which this Lease shall be subordinated may contain such terms, provisions and conditions as the holder reasonably deems usual or customary. Landlord will obtain Notwithstanding anything to the contrary herein contained, Xxxxxx's interest in this Lease shall not be subordinate to any mortgage executed after the date hereof unless such mortgagee delivers a non-disturbance agreement for in form reasonably acceptable to Tenant. Xxxxxxxx agrees to request a non-disturbance agreement from the benefit holder of Tenant from its current mortgagee, if any, in connection with Xxxxxx's use and occupancy under this Lease, substantially any mortgage executed prior to the effect that no steps or proceedings taken by reason of Landlord's default under such mortgage shall terminate this Lease, nor shall Tenant be named a defendant in any proceeding for foreclosure of such mortgage or be disturbed by virtue of such steps or proceedingsdate hereof.

Lease Superior or Subordinate to Mortgages. It is agreed that, subject to Xxxxxxxx's obtaining non-disturbance agreement as further described in the last sentence of this Section 9.2, that the rights and interest of Tenant under this Lease shall be (i) subject or subordinate to any present or future mortgage or mortgages and to any and all advances to be made thereunder, and to the interest of the holder thereof in the Premises or any property of which the Premises are a part if Landlord shall elect by notice to Tenant to subject or subordinate the rights and interest of Tenant under this Lease to such mortgage or (ii) prior to any present or future mortgage or mortgages, if Landlord shall elect, by notice to Tenant, to give the rights and interest of Tenant under this Lease priority to such mortgage; in the event of either of such elections and upon notification by Landlord to that effect, the rights and interest of Tenant under this Lease should be deemed to be subordinate to, or have priority over, as the case may be, said mortgage or mortgages, irrespective of the time of execution or time of recording of any such mortgage or mortgages (mortgages, provided that, in the case of subordination of this Lease to any future mortgages, the holder thereof agrees subordination is expressly conditioned upon such holder’s agreement not to terminate, interfere with or disturb the rights, use, occupancy, options or possession of Tenant under this Lease so long as Tenant is not in default beyond all cure periods hereunder), nor to join Tenant as a party defendant in any action or proceeding for the sole purpose of terminating Tenant’s leasehold interest under this Lease, and to recognize and be bound by the terms of this Lease so long as Tenant agrees to attorn to such holder. Xxxxxx Landlord shall use diligent efforts to obtain from any such future holder of a mortgage an SNDA for Tenant’s benefit in a form containing the foregoing provisions. Tenant agrees it will, upon not less than ten (10) days’ prior written request of by Landlord, execute, acknowledge and deliver any and all instruments deemed by Landlord necessary or desirable to give effect to or notice of such subordination or priority. Tenant also agrees that if it shall fail at any time to execute, acknowledge and deliver any such instrument requested by Landlord, Landlord may, in addition to any other remedies available to it, execute, acknowledge and deliver such instrument as the attorney-in-fact of Tenant and in Tenant's name; and Xxxxxx does hereby make, constitute and irrevocably appoint Landlord as its attorney-in-fact, coupled with an interest with full power of substitution, and in its name, place and stead so to do. Any Mortgage to which this Lease shall be subordinated may contain such terms, provisions and conditions as the holder deems usual or customary. Landlord will use reasonable efforts to obtain a so-called subordination, non-disturbance and attornment agreement (“SNDA”) from Landlord’s existing lender, on such lender’s standard form. In the event Tenant wishes to negotiate lender’s form of SNDA, it shall do so directly with the lender and shall be solely responsible for the benefit of Tenant from its current mortgagee, if any, in connection with Xxxxxx's use and occupancy under this Lease, substantially to the effect that no steps or proceedings taken any fees imposed by reason of Landlord's default under such mortgage shall terminate this Lease, nor shall Tenant be named a defendant in any proceeding for foreclosure of such mortgage or be disturbed by virtue of such steps or proceedingslender.

Lease Superior or Subordinate to Mortgages. It is agreed that, subject to Xxxxxxxx's obtaining non-disturbance a nondisturbance agreement as further described in the last sentence of this Section 9.2, the rights and interest of Tenant under this Lease shall be (i) subject or subordinate to any present or future mortgage or mortgages and to any and all advances to be made thereunder, and to the interest of the holder thereof in the Premises or any property of which the Premises are a part if Landlord shall elect by notice to Tenant to subject or subordinate the rights and interest of Tenant under this Lease to such mortgage or (ii) prior to any present or future mortgage or mortgages, if Landlord shall elect, by notice to Tenant, to give the rights and interest of Tenant under this Lease priority to such mortgage; in the event of either of such elections and upon notification by Landlord to that effect, the rights and interest of Tenant under this Lease should be deemed to be subordinate to, or have priority over, as the case may be, said mortgage or mortgages, irrespective of the time of execution or time of recording of any such mortgage or mortgages (provided that, in the case of subordination of this Lease to any future mortgages, the holder thereof agrees not to disturb the possession of Tenant so long as Tenant is not in default hereunder). Xxxxxx agrees it will, upon request of Landlord, execute, acknowledge and deliver any and all instruments deemed by Landlord necessary or desirable to give effect to or notice of such subordination or priority. Tenant also agrees that if it shall fail at any time to execute, acknowledge and deliver any such instrument requested by Landlord, Landlord may, in addition to any other remedies available to it, execute, acknowledge and deliver such instrument as the attorney-in-fact of Tenant and in Tenant's name; and Xxxxxx does hereby make, constitute and irrevocably appoint Landlord as its attorney-in-fact, coupled with an interest with full power of substitution, and in its name, place and stead so to do. Any Mortgage to which this Lease shall be subordinated may contain such terms, provisions and conditions as the holder deems usual or customary. Landlord will obtain a non-disturbance agreement for the benefit of Tenant from its current mortgagee, if any, in connection with Xxxxxx's use and occupancy under this Lease, substantially to the effect that no steps or proceedings taken by reason of Landlord's default under such mortgage shall terminate this Lease, nor shall Tenant be named a defendant in any proceeding for foreclosure of such mortgage or be disturbed by virtue of such steps or proceedings.

Lease Superior or Subordinate to Mortgages. It This Lease is agreed that, and shall continue to be subject to Xxxxxxxx's obtaining non-disturbance agreement as further described in the last sentence of this Section 9.2, the rights and interest of Tenant under this Lease shall be (i) subject or subordinate to the presently existing mortgage held by Lender or any present or future mortgage or mortgages secured by the Premises, and to any and all advances to be hereafter made thereunder, and to the interest of Lender and any other holder or holders thereof in the Premises. Lender shall have the election to subordinate the mortgage held by Lender to this Lease, exercisable by filing with the appropriate recording office a notice of such election, whereupon this Lease shall have priority over such mortgage. A copy of such filing shall be given to Tenant. Such election by the Lender shall not affect priority with respect to this Lease of any other mortgage. Any mortgage or other voluntary lien or other encumbrance recorded subsequent to the recording of the notice or short form referred to in Section 9.3 shall be subject and subordinate to this Lease unless Landlord and the holder of any such subsequent mortgage and Lender and any other holders of mortgages prior to such subsequent mortgage elect to subordinate this Lease to such subsequent mortgage and to any and all advances thereafter made thereunder and to the interest of the holder thereof in the Premises or any property Premises, such election to be exercisable by Landlord and Lender and all such other holders by filing with the appropriate recording office (a) a notice of such election and (b) an agreement between the holder of such subsequent mortgage and Tenant, consented to by Lender and the other holders of all mortgages having priority over such subsequent mortgage, by the terms of which the Premises are a part if Landlord shall elect by notice such holder will agree to Tenant to subject or subordinate recognize the rights and interest of Tenant under this Lease and to such mortgage or (ii) prior to any present or future mortgage or mortgages, if Landlord shall elect, by notice to Tenant, to give accept Tenant as tenant of the rights Premises under the terms and interest conditions of Tenant under this Lease priority to such mortgage; in the event of either acquisition of title by such holder through foreclosure proceedings or otherwise and Tenant will agree to recognize the holder of such elections subsequent mortgage as Landlord in such event, which agreement shall be made expressly to bind and inure to the benefit of the successors and assigns of Tenant and of such holder and upon notification anyone purchasing said Premises at any foreclosure sale brought by such holder. Tenant and Landlord agree to that effect, the rights and interest of Tenant under this Lease should be deemed to be subordinate to, or have priority over, as the case may be, said mortgage or mortgages, irrespective of the time of execution or time of recording of any such mortgage or mortgages (provided that, in the case of subordination of this Lease to any future mortgages, the holder thereof agrees not to disturb the possession of Tenant so long as Tenant is not in default hereunder). Xxxxxx agrees it will, upon request of Landlord, execute, acknowledge execute and deliver any and all appropriate instruments deemed by Landlord necessary or desirable to give effect to or notice of such subordination or priority. Tenant also agrees that if it shall fail at any time to execute, acknowledge and deliver any such instrument requested by Landlord, Landlord may, carry out the agreements contained in addition to any other remedies available to it, execute, acknowledge and deliver such instrument as the attorney-in-fact of Tenant and in Tenant's name; and Xxxxxx does hereby make, constitute and irrevocably appoint Landlord as its attorney-in-fact, coupled with an interest with full power of substitution, and in its name, place and stead so to dothis Section 8.2. Any Mortgage such subsequent mortgage to which this Lease shall be is subordinated may contain such terms, provisions and conditions as the holder deems usual or customary. Landlord will obtain a non-disturbance agreement for the benefit of Tenant from its current mortgagee, if any, in connection with Xxxxxx's use and occupancy under this Lease, substantially to the effect that no steps or proceedings taken by reason of Landlord's default under such mortgage shall terminate this Lease, nor shall Tenant be named a defendant in any proceeding for foreclosure of such mortgage or be disturbed by virtue of such steps or proceedings.

Lease Superior or Subordinate to Mortgages. It is agreed that, subject to Xxxxxxxx's obtaining non-disturbance agreement as further described in the last sentence of this Section 9.2, that the rights and interest of Tenant under this Lease shall be (i) subject or subordinate to any present or future mortgage or mortgages and to any and all advances to be made thereunder, and to the interest of the holder thereof in the Premises or any property of which the Premises are a part if Landlord shall elect by notice to Tenant to subject or subordinate the rights and interest of Tenant under this Lease to such mortgage or (ii) prior to any present or future mortgage or mortgages, if Landlord shall elect, by notice to Tenant, to give the rights and interest of Tenant under this Lease priority to such mortgage; in the event of either of such elections and upon notification by Landlord to that effect, the rights and interest of Tenant under this Lease should be deemed to be subordinate to, or have priority over, as the case may be, said mortgage or mortgages, irrespective of the time of execution or time of recording of any such mortgage or mortgages (provided that, in the case of subordination of this Lease to any future mortgages, the holder thereof agrees not to disturb the possession of Tenant so long as Tenant is not in default hereunder). Xxxxxx agrees it will, upon not less than fifteen (15) days’ prior written request of by Landlord, execute, acknowledge and deliver any and all commercially reasonable instruments deemed by Landlord necessary or desirable to give effect to or notice of such subordination or priority. Tenant also agrees that if it shall fail at any time to execute, acknowledge and deliver any such instrument requested by Landlord, Landlord may, in addition to any other remedies available to it, execute, acknowledge and deliver such instrument as the attorney-in-fact of Tenant and in Tenant's ’s name; and Xxxxxx does hereby make, constitute and irrevocably appoint Landlord as its attorney-in-fact, coupled with an interest with full power of substitution, and in its name, place and stead so to do. Any Mortgage to which this Lease shall be subordinated may contain such terms, provisions and conditions as the holder deems usual or customary. Landlord will shall use reasonable efforts to obtain a its current lender’s (and, when applicable, future lender’s) standard form of subordination, non-disturbance and attornment agreement for (“SNDA”). In the benefit event Tenant wishes to negotiate such SNDA, it shall do so directly with the lender and all costs of Tenant from its current mortgagee, if any, in connection with obtaining and negotiating the SNDA shall be paid by Xxxxxx's use and occupancy under this Lease, substantially to the effect that no steps or proceedings taken by reason of Landlord's default under such mortgage shall terminate this Lease, nor shall Tenant be named a defendant in any proceeding for foreclosure of such mortgage or be disturbed by virtue of such steps or proceedings.

Lease Superior or Subordinate to Mortgages. It is agreed that, subject to Xxxxxxxx's obtaining non-disturbance agreement as further described in the last sentence of this Section 9.2, that the rights and interest of Tenant under this Lease shall be (i) subject or subordinate to any present or future mortgage or mortgages and to any and all advances to be made thereunder, and to the interest of the holder thereof in the Premises or any property of which the Premises are a part if Landlord shall elect by notice to Tenant to subject or subordinate the rights and interest of Tenant under this Lease to such mortgage or (ii) prior to any present or future mortgage or mortgages, if Landlord shall elect, by notice to Tenant, to give the rights and interest of Tenant under this Lease priority to such mortgage; in the event of either of such elections and upon notification by Landlord to that effect, the rights and interest of Tenant under this Lease should be deemed to be subordinate to, or have priority over, as the case may be, said mortgage or mortgages, irrespective of the time of execution or time of recording of any such mortgage or mortgages (provided that, in the case of subordination of this Lease to any future mortgages, the holder thereof agrees not to disturb the possession of Tenant so long as Tenant is not in default hereunderhereunder and Tenant and the holder execute a commercially reasonable subordination, non-disturbance and attornment agreement in the holder’s usual and customary form). Xxxxxx agrees it will, upon not less than ten (10) days’ prior written request of by Landlord, execute, acknowledge and deliver any and all commercially reasonable instruments deemed by Landlord necessary or desirable to give effect to or notice of such subordination or priority. Tenant also agrees that if it shall fail at any time to execute, acknowledge and deliver any such instrument requested by Landlord, Landlord may, in addition to any other remedies available to it, execute, acknowledge and deliver such instrument as the attorney-in-fact of Tenant and in Tenant's name; and Xxxxxx does hereby make, constitute and irrevocably appoint Landlord as its attorney-in-fact, coupled with an interest with full power of substitution, and in its name, place and stead so to do. Any Mortgage to which this Lease shall be subordinated may contain such terms, provisions and conditions as the holder deems usual or customary. Landlord will shall use reasonable efforts to obtain a so-called non-disturbance agreement for the benefit of Tenant from its current mortgagee, if any, lender in connection with Xxxxxx's use said lender’s usual and occupancy under this Lease, substantially to the effect that no steps or proceedings taken by reason of Landlord's default under such mortgage shall terminate this Lease, nor shall Tenant be named a defendant in any proceeding for foreclosure of such mortgage or be disturbed by virtue of such steps or proceedingscustomary form.

Lease Superior or Subordinate to Mortgages. It This Lease is agreed that, and shall continue to be subject to Xxxxxxxx's obtaining non-disturbance agreement as further described in the last sentence of this Section 9.2, the rights and interest of Tenant under this Lease shall be (i) subject or subordinate to any present or future presently existing mortgage or mortgages secured by the Premises, and to any and all advances to be hereafter made thereunder, and to the interest of the holder or holders thereof in the Premises Premises. The holder of any such presently existing mortgage shall have the election to subordinate the same to this Lease, exercisable by filing with the appropriate recording office a notice of such election, whereupon this Lease shall have priority over such mortgage. A copy of such filing shall be given to Tenant. Such election by the holder of any presently existing mortgage shall not affect priority with respect to this Lease of any other presently existing mortgage. Any mortgage or other voluntary lien or other encumbrance recorded subsequent to the recording of the notice or short form referred to in Section 10.3, or the date of this Lease if no such notice or short form is required under applicable law to impart constructive notice to third parties, shall be subject and subordinate to this Lease unless Landlord and the holder of any property such subsequent mortgage and the holders of all mortgages prior to such subsequent mortgage elect to subordinate this Lease to such subsequent mortgage and to any and all advances thereafter made thereunder and to the interest of the holder thereof in the Premises, such election to be exercisable by Landlord and all such holders by filing with the appropriate recording office (a) a notice of such election and (b) an agreement between the holder of such subsequent mortgage and Tenant, consented to by holders of all mortgages having priority over such subsequent mortgage, by the terms of which the Premises are a part if Landlord shall elect by notice such holder will agree to Tenant to subject or subordinate recognize the rights and interest of Tenant under this Lease and to such mortgage or (ii) prior to any present or future mortgage or mortgages, if Landlord shall elect, by notice to Tenant, to give accept Tenant as tenant of the rights Premises under the terms and interest conditions of Tenant under this Lease priority to such mortgage; in the event of either acquisition of title by such holder through foreclosure proceedings or otherwise and Tenant will agree to recognize the holder of such elections subsequent mortgage as Landlord in such event, which agreement shall be made expressly to bind and inure to the benefit of the successors and assigns of Tenant and of such holder and upon notification anyone purchasing said Premises at any foreclosure sale brought by such holder. Tenant and Landlord agree to that effect, the rights and interest of Tenant under this Lease should be deemed to be subordinate to, or have priority over, as the case may be, said mortgage or mortgages, irrespective of the time of execution or time of recording of any such mortgage or mortgages (provided that, in the case of subordination of this Lease to any future mortgages, the holder thereof agrees not to disturb the possession of Tenant so long as Tenant is not in default hereunder). Xxxxxx agrees it will, upon request of Landlord, execute, acknowledge execute and deliver any and all appropriate instruments deemed by Landlord necessary or desirable to give effect to or notice of such subordination or priority. Tenant also agrees that if it shall fail at any time to execute, acknowledge and deliver any such instrument requested by Landlord, Landlord may, carry out the agreements contained in addition to any other remedies available to it, execute, acknowledge and deliver such instrument as the attorney-in-fact of Tenant and in Tenant's name; and Xxxxxx does hereby make, constitute and irrevocably appoint Landlord as its attorney-in-fact, coupled with an interest with full power of substitution, and in its name, place and stead so to do. Any Mortgage to which this Lease shall be subordinated may contain such terms, provisions and conditions as the holder deems usual or customary. Landlord will obtain a non-disturbance agreement for the benefit of Tenant from its current mortgagee, if any, in connection with Xxxxxx's use and occupancy under this Lease, substantially to the effect that no steps or proceedings taken by reason of Landlord's default under such mortgage shall terminate this Lease, nor shall Tenant be named a defendant in any proceeding for foreclosure of such mortgage or be disturbed by virtue of such steps or proceedingsSection 9.2.

Lease Superior or Subordinate to Mortgages. It is agreed that, subject to Xxxxxxxx's obtaining non-disturbance agreement as further described in the last sentence of this Section 9.2, that the rights and interest of Tenant under this Lease shall be (i) subject or subordinate to any present or future mortgage or mortgages and to any and all advances to be made thereunder, and to the interest of the holder thereof in the Premises or any property of which the Premises are a part if Landlord shall elect by notice to Tenant to subject or subordinate the rights and interest of Tenant under this Lease to such mortgage or (ii) prior to any present or future mortgage or mortgages, if Landlord shall elect, by notice to Tenant, to give the rights and interest of Tenant under this Lease priority to such mortgage; in the event of either of such elections and upon notification by Landlord to that effect, the rights and interest of Tenant under this Lease should be deemed to be subordinate to, or have priority over, as the case may be, said mortgage or mortgages, irrespective of the time of execution or time of recording of any such mortgage or mortgages mortgages; provided, however, that no such subordination shall be effective unless Tenant has received an agreement (provided a "Non-Disturbance Agreement"), in recordable form, from each holder of any such mortgage and/or the lessor under any ground lease or superior lease under which Landlord derives its interest in the Premises that, in the case event of subordination that such holder or lessor (or their successor or assignees, including any purchaser at a foreclosure sale or the grantee under any deed in lieu of foreclosure) succeeds to Landlord's title to the Premises or interest under this Lease to any future mortgagesLease, the such holder thereof agrees or lessor shall recognize Xxxxxx's rights, not to disturb the possession of Tenant so long as Tenant is not in default hereunder). Xxxxxx agrees it will, upon request of Landlord, execute, acknowledge and deliver any and all instruments deemed by Landlord necessary or desirable to give effect to or notice of such subordination or priority. Tenant also agrees that if it shall fail at any time to execute, acknowledge and deliver any such instrument requested by Landlord, Landlord may, in addition to any other remedies available to it, execute, acknowledge and deliver such instrument as the attorney-in-fact of Tenant and in Tenant's name; and Xxxxxx does hereby make, constitute and irrevocably appoint Landlord as its attorney-in-fact, coupled with an interest with full power of substitutionoccupancy, and in its nameassume Landlord's obligations, place and stead so to dounder this Lease. Any Mortgage to which this Lease shall be subordinated may contain such terms, provisions and conditions as the holder deems usual or customary. Landlord will Xxxxxxxx agrees to obtain a so-called non-disturbance agreement for the Xxxxxx's benefit of Tenant from its current mortgagee, if any, in connection with Xxxxxxpresent lender on such lender's use usual and occupancy under customary form within sixty (60) days after the Date of this Lease, substantially to the effect that no steps or proceedings taken by reason of Landlord's default under such mortgage shall terminate this Lease, nor shall Tenant be named a defendant in any proceeding for foreclosure of such mortgage or be disturbed by virtue of such steps or proceedings.

Lease Superior or Subordinate to Mortgages. It is agreed that, subject to Xxxxxxxx's obtaining non-disturbance agreement as further described in the last sentence of this Section 9.2, that the rights and interest of Tenant under this Lease shall be (i) subject or subordinate to any present or future mortgage or mortgages and to any and all advances to be made thereunder, and to the interest of the holder thereof in the Premises or any property of which the Premises are a part if Landlord shall elect by notice to Tenant to subject or subordinate the rights and interest of Tenant under this Lease to such mortgage or (ii) prior to any present or future mortgage or mortgages, if Landlord shall elect, by notice to Tenant, to give the rights and interest of Tenant under this Lease priority to such mortgage; in the event of either of such elections and upon notification by Landlord to that effect, the rights and interest of Tenant under this Lease should be deemed to be subordinate to, or have priority over, as the case may be, said mortgage or mortgages, irrespective of the time of execution or time of recording of any such mortgage or mortgages (provided that, in the case of subordination of this Lease to any future mortgages, the holder thereof agrees not to disturb the possession of Tenant so long as Tenant is not in default hereunderhereunder and Tenant and such holder execute a commercially reasonable subordination, non-disturbance and attornment agreement in the holder’s usual and customary form). Xxxxxx Tenant agrees it will, upon not less than ten (10) days’ prior written request of by Landlord, execute, acknowledge and deliver any and all commercially reasonable instruments deemed by Landlord necessary or desirable to give effect to or notice of such subordination or priority. If Tenant also agrees that if it shall fail at any fails to deliver such documentation within the required time to executeperiod, acknowledge and deliver any such instrument requested by failure continues for an additional five (5) days following a second written request from Landlord, Landlord maythen Tenant shall be obligated to pay to Landlord, as Additional Rent within twenty (20) days of demand, a fee in addition the amount of $500.00 per day for each day that Tenant fails to any other remedies available to it, execute, acknowledge deliver the requested documentation in the period beginning on the day after the expiration of the initial 10-day period and deliver such instrument as ending on the attorney-in-fact of day Tenant and in Tenant's name; and Xxxxxx does hereby make, constitute and irrevocably appoint Landlord as its attorney-in-fact, coupled with an interest with full power of substitution, and in its name, place and stead so to doactually delivers the documentation. Any Mortgage to which this Lease shall be subordinated may contain such terms, provisions and conditions as the holder deems usual or customary. Landlord will shall use reasonable efforts to obtain a so-called non-disturbance agreement for the benefit of Tenant from its current mortgagee, if any, in connection with Xxxxxx's use lender on said lender’s usual and occupancy under this Lease, substantially to the effect that no steps or proceedings taken by reason of Landlord's default under such mortgage shall terminate this Lease, nor shall Tenant be named a defendant in any proceeding for foreclosure of such mortgage or be disturbed by virtue of such steps or proceedingscustomary form.

Lease Superior or Subordinate to Mortgages. It is agreed that, subject to Xxxxxxxx's obtaining non-disturbance agreement as further described in the last sentence of this Section 9.2, that the rights ------------------------------------------ and interest of Tenant under this Lease shall be (i) subject or subordinate to any present or future mortgage or mortgages and to any and all advances to be made thereunder, and to the interest of the holder thereof in the Premises or any property of which the Premises are a part if Landlord shall elect by notice to Tenant to subject or subordinate the rights and interest of Tenant under this Lease to such mortgage or (ii) prior to any present or future mortgage or mortgages, if Landlord shall elect, by notice to Tenant, to give the rights and interest of Tenant under this Lease priority to such mortgage; in the event of either of such elections and upon notification by Landlord to that effect, the rights and interest of Tenant under this Lease should be deemed to be subordinate to, or have priority over, as the case may be, said mortgage or mortgages, irrespective of the time of execution or time of recording of any such mortgage or mortgages (provided that, in the case of subordination of this Lease to any future mortgages, the holder thereof agrees not to disturb the possession and to recognize the rights of Tenant hereunder so long as Tenant is not in default hereunder). Xxxxxx agrees it will, upon request of Landlord, execute, acknowledge and deliver any and all instruments reasonably deemed by Landlord necessary or desirable to give effect to or notice of such subordination or priority, provided such instruments are in form and on terms customarily agreed to by tenants in Massachusetts under similar circumstances. Tenant Xxxxxx also agrees that if it shall fail at any time to execute, acknowledge and deliver any such instrument requested by LandlordLandlord within seven (7) business days after Xxxxxxxx's request therefor, Landlord may, Tenant shall in addition terminable default under this Lease without any further notice or opportunity to any other remedies available to it, execute, acknowledge and deliver such instrument as the attorney-in-fact of Tenant and in Tenant's name; and Xxxxxx does hereby make, constitute and irrevocably appoint Landlord as its attorney-in-fact, coupled with an interest with full power of substitution, and in its name, place and stead so to docure under Section 8.1 or otherwise. Any Mortgage to which this Lease shall be subordinated may contain such terms, provisions and conditions as the holder deems usual or customary. Landlord will Xxxxxxxx agrees to obtain from each holder of a non-disturbance agreement for the benefit of Tenant from its current mortgageepresent mortgage, if any, in connection with an agreement that the possession of Tenant will not be disturbed and Xxxxxx's use and occupancy under this Lease, substantially to the effect that no steps or proceedings taken by reason of Landlord's rights hereunder will be recognized so long as Tenant is not in default under such mortgage shall terminate this Lease, nor shall Tenant be named a defendant in any proceeding for foreclosure of such mortgage or be disturbed by virtue of such steps or proceedingshereunder.