Common use of Non-disturbance of Tenant Clause in Contracts

Non-disturbance of Tenant. Trustee does hereby agree with Tenant that, in the event Trustee becomes the owner of the Premises by foreclosure, conveyance in lieu of foreclosure or otherwise, so long as there exists no event of default under the Lease (a) Trustee will take no action which will interfere with or disturb Tenant’s possession or use of the Premises or other rights under the Lease, and (b) the Premises shall be subject to the Lease and Trustee shall recognize Tenant as the tenant of the Premises for the remainder of the terms of the Lease in accordance with the provisions thereof including, but not limited to the negotiation rights provided to Tenant under Article [_____] of the Lease, provided, however, that Trustee shall not be subject to any offsets or defenses which Tenant might have against any prior landlord except those which arose under the provisions of the Lease out of such landlord’s default and accrued after Tenant had notified Trustee and given Trustee the opportunity to cure same as hereinbelow provided, nor shall Trustee be liable for any act or omission of any prior landlord, nor shall Trustee be bound by any rent or additional rent which Tenant might have paid for more than the current month to any prior landlord nor shall it be bound by any amendment or modification of the Lease made without its consent.

Non-disturbance of Tenant. Trustee does hereby agree with Tenant that, in the event Trustee becomes the owner of the Premises by foreclosure, conveyance in lieu of foreclosure or otherwise, so long as there exists no event of default under the Lease (a) Trustee will take no action which will interfere with or disturb Tenant’s possession or use of the Premises or other rights under the Lease, and (b) the Premises shall be subject to the Lease and Trustee shall recognize Tenant as the tenant of the Premises for the remainder of the terms of the Lease in accordance with the provisions thereof including, but not limited to the negotiation rights provided to Tenant under Article [_____[ ] of the Lease, provided, however, that Trustee shall not be subject to any offsets or defenses which Tenant might have against any prior landlord except those which arose under the provisions of the Lease out of such landlord’s default and accrued after Tenant had notified Trustee and given Trustee the opportunity to cure same as hereinbelow provided, nor shall Trustee be liable for any act or omission of any prior landlord, nor shall Trustee be bound by any rent or additional rent which Tenant might have paid for more than the current month to any prior landlord nor shall it be bound by any amendment or modification of the Lease made without its consent.

Non-disturbance of Tenant. Trustee Lender does hereby agree with Tenant that, in the event Trustee Lender becomes the owner of the Premises Real Property by foreclosure, conveyance in lieu of foreclosure or otherwiseotherwise (collectively, a “Foreclosure Event”), so long as there exists no event of default under the Lease Lease, after the expiration of applicable cure or grace periods (a) Trustee Lender will take no action which will interfere with or disturb Tenant’s possession or use of the Premises Real Property or other rights under the Lease, and (b) the Premises Real Property shall be subject to the Lease and Trustee Lender shall recognize Tenant as the tenant of the Premises Real Property for the remainder of the terms term of the Lease in accordance with the provisions thereof includingthereof, including but not limited to the negotiation rights ROFO Purchase Right (as defined in paragraph 4 below) provided to Tenant under Article [_____] the Lease, and (c) Lender will make available to Tenant any condemnation proceeds and insurance proceeds received by Lender related to the Property for the restoration of the Premises in accordance with the Lease, provided, however, that Trustee Lender shall not be subject to any offsets or defenses which Tenant might have against any prior landlord except those which arose under the provisions of the Lease out of such landlord’s default and accrued after Tenant had notified Trustee Lender and given Trustee Lender the opportunity to cure same as hereinbelow provided, nor shall Trustee Lender be liable for any act or omission of any prior landlord, nor shall Trustee Lender be bound by any rent or additional rent which Tenant might have paid for more than the current month to any prior landlord nor shall it be bound by any amendment or modification (other than an amendment or modification memorializing Tenant’s unilateral exercise of any of its express rights in the Lease, including, without limitation, Tenant’s renewal options) of the Lease made without its consent, which consent shall not be unreasonably withheld, conditioned or delayed.