Common use of Nondisturbance and Attornment Clause in Contracts

Nondisturbance and Attornment. If an Event of Default by Tenant is not then continuing, then, when Successor Landlord takes title to the Property: (i) Successor Landlord shall not terminate or disturb Tenant’s possession of the Leased Premises under the Lease, except in accordance with the terms of the Lease and this Agreement; (ii) Successor Landlord shall be bound to Tenant under all the terms and conditions of the Lease (except as provided in this Agreement); (iii) Tenant shall recognize and attorn to Successor Landlord as Tenant’s direct landlord under the Lease as affected by this Agreement; and (iv) the Lease shall continue in full force and effect as a direct lease, in accordance with its terms (except as provided in this Agreement), between Successor Landlord and Tenant. Tenant acknowledges notice of the Mortgage and assignment of rents, leases and profits from the Landlord to the Mortgagee. Tenant agrees to continue making payments of rents and other amounts owed by Tenant under the Lease to the Landlord and to otherwise recognize the rights of Landlord under the Lease until notified otherwise in writing by the Mortgagee (as provided in the Mortgage), and after receipt of such notice the Tenant agrees thereafter to make all such payments to the Mortgagee, without any further inquiry on the part of the Tenant, and Landlord consents to the foregoing.

Nondisturbance and Attornment. If So long as (i) the Lease has not expired or otherwise been terminated by Former Landlord, (ii) an Event of Default by has not occurred, and (iii) no condition exists which would cause or entitle Former Landlord to terminate the Lease on its terms, or to dispossess the Tenant is that would not then continuingbe an Event of Default, then, if and when Successor Landlord takes title to the PropertyLandlord’s Premises: (ia) Successor Landlord shall not terminate or disturb Tenant’s possession of the Leased Tenant’s Premises under the Lease, except in accordance with the terms of the Lease and this Agreement; (iib) Successor Landlord shall be bound to Tenant under all the terms and conditions of the Lease (except as provided in this Agreement); (iiic) Tenant shall recognize and attorn to Successor Landlord as Tenant’s direct landlord under the Lease as affected by this Agreement; and (ivd) the Lease shall continue in full force and effect as a direct lease, in accordance with its terms (except as provided in this Agreement), between Successor Landlord and Tenant. Tenant acknowledges notice ; and (e) Successor Landlord shall have all the rights and remedies of the Mortgage and assignment landlord under the Lease, including, without limitation, rights or remedies arising by reason of rents, leases and profits from the Landlord to the Mortgagee. Tenant agrees to continue making payments any Event of rents and other amounts owed Default by Tenant under the Lease Lease, whether occurring before or after the Successor Landlord takes title to the Landlord and to otherwise recognize the rights of Landlord under the Lease until notified otherwise in writing by the Mortgagee (as provided in the Mortgage), and after receipt of such notice the Tenant agrees thereafter to make all such payments to the Mortgagee, without any further inquiry on the part of the Tenant, and Landlord consents to the foregoingLandlord’s Premises.

Nondisturbance and Attornment. If So long as (a) the Lease has not expired or otherwise been terminated by Former Landlord, (b) an Event of Default by Tenant is has not then continuingoccurred, and (c) no condition exists which would cause or entitle Former Landlord to terminate the Lease on its terms, or to dispossess the Tenant, then, if and when Successor Landlord takes title to the Property: Landlord's Premises: (ia) Successor Landlord shall not terminate or disturb Tenant’s 's possession of the Leased Tenant's Premises under the Lease, except in accordance with the terms of the Lease and this Agreement; (iib) Successor Landlord shall be bound to Tenant under all the terms and conditions of the Lease (except as provided in this Agreement); (iiic) Tenant shall recognize and attorn to Successor Landlord as Tenant’s 's direct landlord under the Lease as affected by this Agreement; and (ivd) the Lease shall continue in full force and effect as a direct lease, in accordance with its terms (except as provided in this Agreement), between Successor Landlord and Tenant. Tenant acknowledges notice ; and (e) Successor Landlord shall have all the rights and remedies of landlord under the Mortgage and assignment Lease, including, without limitation, rights or remedies arising by reason of rents, leases and profits from the Landlord to the Mortgagee. Tenant agrees to continue making payments any Event of rents and other amounts owed Default by Tenant under the Lease Lease, whether occurring before or after the Successor Landlord takes title to the Landlord and to otherwise recognize the rights of Landlord under the Lease until notified otherwise in writing by the Mortgagee (as provided in the Mortgage), and after receipt of such notice the Tenant agrees thereafter to make all such payments to the Mortgagee, without any further inquiry on the part of the Tenant, and Landlord consents to the foregoingLandlord's Premises.

Nondisturbance and Attornment. So long as the Lease has not been terminated on account of Tenant’s default, Mortgagee shall not name Tenant as a defendant in any exercise of Mortgagee’s rights and remedies arising upon a default under the Mortgage unless applicable law requires Tenant to be made a party thereto as a condition to proceeding against Landlord or prosecuting such rights and remedies. In the latter case, Mortgagee may join Tenant as a defendant in such action only for such purpose and not to terminate the Lease or otherwise adversely affect Tenant’s rights under the Lease or this Agreement in such action. If an Event the Lease has not been terminated on account of Default a default by Tenant is not then continuingTenant, then, when any third party including Mortgagee (“Successor Landlord Landlord”) takes title to the PropertyLandlord’s Premises (“Attornment Date”) as a result of a foreclosure or sale by Mortgagee: (ia) Successor Landlord shall not terminate or disturb Tenant’s possession of the Leased Tenant’s Premises under the Lease, except in accordance with the terms of the Lease and this Agreement; (iib) Successor Landlord shall be bound to Tenant under all the terms and conditions of the Lease (except as provided in this Agreement); (iiic) Tenant shall recognize and attorn to Successor Landlord as Tenant’s direct landlord under the Lease as affected by this Agreement; and (ivd) the Lease shall continue in full force and effect as a direct lease, in accordance with its terms (except as provided in this Agreement), between Successor Landlord and Tenant. Tenant acknowledges notice of the Mortgage and assignment of rents, leases and profits from the Landlord to the Mortgagee. Tenant agrees to continue making payments of rents and other amounts owed by Tenant under the Lease to the Landlord and to otherwise recognize the rights of Landlord under the Lease until notified otherwise in writing by the Mortgagee (as provided in the Mortgage), and after receipt of such notice the Tenant agrees thereafter to make all such payments to the Mortgagee, without any further inquiry on the part of the Tenant, and Landlord consents to the foregoing.

Nondisturbance and Attornment. If the Lease has not been terminated on account of an Event of Default by Tenant is not then continuingTenant, then, when Successor Landlord takes title to the Property: or otherwise acquires control of Landlord’s Premises or Tenant’s Premises (i“Attornment Date”): (a) Successor Landlord shall not terminate or disturb Tenant’s use, possession and enjoyment of the Leased Tenant’s Premises under the Lease, except in accordance with nor will the terms leasehold estate of Tenant be affected or any of Tenant’s rights under the Lease and this Agreementbe impaired; (iib) Successor Landlord shall be bound to Tenant under all the terms and conditions of the Lease, and shall assume and be bound by all of the obligations of Landlord under the Lease (except as provided in which accrue from and after the Attornment Date, including without limitation all Construction-Related Obligations, subject to the terms and conditions of this Agreement), but expressly including, for the avoidance of doubt, the full completion and/or funding of any yet incomplete and/or unfunded portions of the Work, whether or not such obligation accrued before or from and after the Attornment Date; (iiic) Tenant shall recognize and attorn to Successor Landlord as Tenant’s direct landlord under the Lease as affected by Lease, subject to the terms and conditions of this Agreement; and (ivd) the Lease shall continue in full force and effect as a direct lease, in accordance with its terms (except as provided in this Agreement)terms, between Successor Landlord and Tenant. Tenant acknowledges notice of the Mortgage and assignment of rents, leases and profits from the Landlord hereby agrees to the Mortgagee. Tenant agrees to continue making payments terms, conditions and applicable provisions of rents and other amounts owed by Tenant under the Lease to the Landlord and to otherwise recognize the rights of Landlord under the Lease until notified otherwise in writing by the Mortgagee (as provided in the Mortgage), and after receipt of such notice the Tenant agrees thereafter to make all such payments to the Mortgagee, without any further inquiry on the part of the Tenant, and Landlord consents to the foregoingthis Section 3.2.

Nondisturbance and Attornment. If So long as (i) the Lease has not expired or otherwise been terminated by Former Landlord, (ii) an Event of Default by has not occurred, and (iii) no condition exists which would cause or entitle Former Landlord to terminate the Lease on its terms, or to dispossess the Tenant is that would not then continuingbe an Event of Default, then, if and when Successor Landlord takes title to the PropertyLandlord’s Premises: (ia) Successor Landlord shall not terminate or disturb Tenant’s possession of the Leased Tenant’s Premises under the Lease, except in accordance with the terms of the Lease and this Agreement; (iib) Successor Landlord shall be bound to Tenant under all the terms and conditions of the Lease (except as provided in this Agreement); (iiic) Tenant shall recognize and attorn to Successor Landlord as Tenant’s direct landlord under the Lease as affected by this Agreement; and (ivd) the Lease shall continue in full force and effect as a direct lease, in accordance with its terms (except as provided in this Agreement), between Successor Landlord and Tenant. Tenant acknowledges notice ; and (e) Successor Landlord shall have all the rights and remedies of the Mortgage and assignment landlord under the Lease, including, without limitation, rights or remedies arising by reason of rents, leases and profits from the Landlord to the Mortgagee. Tenant agrees to continue making payments any Event of rents and other amounts owed Default by Tenant under the Lease Lease, whether occurring before or after the Successor Landlord takes title to the Landlord and to otherwise recognize the rights of Landlord under the Lease until notified otherwise in writing by the Mortgagee (as provided in the Mortgage), and after receipt of such notice the Tenant agrees thereafter to make all such payments to the Mortgagee, without any further inquiry on the part of the Tenant, and Landlord consents to the foregoing.Landlord’s Premises. ​

Nondisturbance and Attornment. If So long as (i) the Lease has not expired or otherwise been terminated by Former Landlord, (ii) an Event of Default by has not occurred, and (iii) no condition exists which would cause or entitle Former Landlord to terminate the Lease on its terms, or to dispossess the Tenant is that would not then continuingbe an Event of Default, then, if and when Successor Landlord takes title to the Property: Landlord's Premises: (ia) Successor Landlord shall not terminate or disturb Tenant’s 's possession of the Leased Tenant's Premises under the Lease, except in accordance with the terms of the Lease and this Agreement; (iib) Successor Landlord shall be bound to Tenant under all the terms and conditions of the Lease (except as provided in this Agreement); (iiic) Tenant shall recognize and attorn to Successor Landlord as Tenant’s 's direct landlord under the Lease as affected by this Agreement; and (ivd) the Lease shall continue in full force and effect as a direct lease, in accordance with its terms (except as provided in this Agreement), between Successor Landlord and Tenant. Tenant acknowledges notice ; and (e) Successor Landlord shall have all the rights and remedies of the Mortgage and assignment landlord under the Lease, including, without limitation, rights or remedies arising by reason of rents, leases and profits from the Landlord to the Mortgagee. Tenant agrees to continue making payments any Event of rents and other amounts owed Default by Tenant under the Lease Lease, whether occurring before or after the Successor Landlord takes title to the Landlord and to otherwise recognize the rights of Landlord under the Lease until notified otherwise in writing by the Mortgagee (as provided in the Mortgage), and after receipt of such notice the Tenant agrees thereafter to make all such payments to the Mortgagee, without any further inquiry on the part of the Tenant, and Landlord consents to the foregoingLandlord's Premises.

Nondisturbance and Attornment. If So long as (i) the Lease has not expired or otherwise been terminated by Former Landlord, or (ii) an Event of Default by Tenant is has not then continuingoccurred, then, if and when Successor Landlord takes title to the PropertyLandlord's Premises: (ia) Successor Landlord shall not terminate or disturb Tenant’s 's possession of the Leased Tenant's Premises under the Lease, except in accordance with the terms of the Lease and this Agreement; (iib) Successor Landlord shall be bound to Tenant under all the terms and conditions of the Lease (except as provided in this Agreement); (iiic) Tenant shall recognize and attorn to Successor Landlord as Tenant’s 's direct landlord under the Lease as affected by this Agreement; and (ivd) the Lease shall continue in full force and effect as a direct lease, in accordance with its terms (except as provided in this Agreement), between Successor Landlord and Tenant. Tenant acknowledges notice ; and (e) Successor Landlord shall have all the rights and remedies of the Mortgage and assignment landlord under the Lease, including, without limitation, rights or remedies arising by reason of rents, leases and profits from the Landlord to the Mortgagee. Tenant agrees to continue making payments any Event of rents and other amounts owed Default by Tenant under the Lease Lease, whether occurring before or after the Successor Landlord takes title to the Landlord and to otherwise recognize the rights of Landlord under the Lease until notified otherwise in writing by the Mortgagee (as provided in the Mortgage), and after receipt of such notice the Tenant agrees thereafter to make all such payments to the Mortgagee, without any further inquiry on the part of the Tenant, and Landlord consents to the foregoingLandlord's Premises.

Nondisturbance and Attornment. If So long as (i) the Lease has not expired or otherwise been terminated by Former Landlord, and (ii) an Event of Default by Tenant is has not then continuingoccurred, then, if and when Successor Landlord takes title to the PropertyLandlord’s Premises: (ia) Successor Landlord shall not terminate or disturb Tenant’s possession of the Leased Tenant’s Premises under the Lease, except in accordance with the terms of the Lease and this Agreement; (iib) Successor Landlord shall be bound to Tenant under all the terms and conditions of the Lease (except as provided in this Agreement); (iiic) Tenant shall recognize and attorn to Successor Landlord as Tenant’s direct landlord under the Lease as affected by this Agreement; and (ivd) the Lease shall continue in full force and effect as a direct lease, in accordance with its terms (except as provided in this Agreement), between Successor Landlord and Tenant. Tenant acknowledges notice ; and (e) Successor Landlord shall have all the rights and remedies of the Mortgage and assignment landlord under the Lease, including, without limitation, rights or remedies arising by reason of rents, leases and profits from the Landlord to the Mortgagee. Tenant agrees to continue making payments any Event of rents and other amounts owed Default by Tenant under the Lease Lease, whether occurring before or after the Successor Landlord takes title to the Landlord and to otherwise recognize the rights of Landlord under the Lease until notified otherwise in writing by the Mortgagee (as provided in the Mortgage), and after receipt of such notice the Tenant agrees thereafter to make all such payments to the Mortgagee, without any further inquiry on the part of the Tenant, and Landlord consents to the foregoingLandlord’s Premises.