Common use of Nondisturbance Clause in Contracts

Nondisturbance. So long as the Lease is in full force and effect and Tenant is not in default beyond any applicable notice and cure period that would permit Landlord to terminate the Lease or exercise any remedy to dispossess provided for in the Lease, Lender will not (i) disturb, interfere with or deprive Tenant of its leasehold estate or right (or the right of any party claiming by or through Tenant) to use, occupy and possess the Premises or utilize other portions of the Property under or by virtue of the terms of the Lease (including, without limitation, all rights, privileges, access rights, expansion and renewal options), or (ii) name or join Tenant (or any party claiming by or through Tenant) as a defendant in any exercise of Lender’s rights and remedies arising upon a default under the Deed of Trust, including, without limitation, entry or foreclosure of the Deed of Trust, acceptance of a deed or assignment in lieu of foreclosure, or exercise of a power of sale under the Deed of Trust, unless applicable law requires Tenant (or any party claiming by or through Tenant) to be made a party in any action relating thereto as a condition to proceeding against Landlord or in order for Lender to avail itself and prosecute such rights and remedies under the Deed of Trust. In the latter case, Lender may join Tenant (or party claiming by or through Tenant) as a defendant in such action but only to the extent necessary under applicable law in order for Lender to avail itself of and complete any foreclosure or other action or proceeding initiated by Lender pursuant to the Deed of Trust and not for the purpose of terminating the Lease or otherwise adversely affecting Tenant’s rights (or the rights of any party claiming by or through Tenant) under the Lease (including, without limitation, all rights, privileges, access rights, expansion and renewal options) or this Agreement in such action. Tenant acknowledges and agrees that it has no right or option of any nature whatsoever, whether pursuant to the Lease or otherwise, to purchase the Premises or the Property, or any portion thereof or any interest therein, and to the extent that Tenant has had, or hereafter acquires, any such right or option, the same is hereby acknowledged to be subject and subordinate to the Deed of Trust and is hereby waived and released as against Lender.

Nondisturbance. So long as Tenant is not in default under the Lease beyond any notice and cure period expressly provided in the Lease, Lender agrees with Tenant that in the event the interest of Landlord is acquired by Lender, or Lender acquires title to the Property or comes into possession of said Property by reason of foreclosure or enforcement of the Deed of Trust or the Note, or by a conveyance in lieu thereof, or by any other means, Tenant’s possession of the Premises and Tenant’s rights, privileges and obligations under the Lease shall not be disturbed, diminished or interfered with by Lender or any party claiming through Lender during the term of the Lease, including any extensions thereof permitted to Tenant, and the Lease shall continue in full force and effect and Tenant is shall not be terminated except in default beyond any applicable notice and cure period that would permit Landlord to terminate the Lease or exercise any remedy to dispossess provided for in the Lease, Lender will not (i) disturb, interfere accordance with or deprive Tenant of its leasehold estate or right (or the right of any party claiming by or through Tenant) to use, occupy and possess the Premises or utilize other portions of the Property under or by virtue of the terms of the Lease (including, without limitation, all rights, privileges, access rights, expansion and renewal options), Lease. Immediately upon the acquisition by Lender or (ii) name Purchaser of possession or join Tenant (title to the Property by reason of foreclosure or any party claiming by or through Tenant) as a defendant in any exercise of Lender’s rights and remedies arising upon a default under the Deed of Trust, including, without limitation, entry or foreclosure enforcement of the Deed of TrustTrust or the Note, acceptance of or by a deed or assignment conveyance in lieu of foreclosurethereof, or exercise as a result of a power any other means, Tenant agrees to be bound to Lender or Purchaser under all of sale the terms, covenants, and conditions of the Lease for the balance of the term thereof, including any extensions thereof permitted to Tenant, with the same force and effect as if Lender or Purchaser were the landlord under the Deed of TrustLease, unless applicable law requires and Tenant (does hereby attorn to Lender or any party claiming by or through Tenant) Purchaser as its landlord, said attornment to be made a effective and self-operative without the execution of any other instruments on the part of either party in any action relating thereto as a condition hereto. Lender further agrees that if it obtains possession or title to proceeding against Landlord or in order for Lender to avail itself and prosecute such rights and remedies under the Deed of Trust. In Property during the latter caseLease term, Lender may join shall be bound to Tenant (or party claiming by or through Tenant) as a defendant in such action but only to under all of the extent necessary under applicable law in order for Lender to avail itself terms, covenants, and conditions of and complete any foreclosure or other action or proceeding initiated by Lender pursuant to the Deed of Trust and not for the purpose of terminating the Lease or otherwise adversely affecting Tenant’s rights (or and Tenant shall, from and after the rights occurrence of any party claiming by or through Tenant) the events set forth above, have the same remedies that Tenant might have had under the Lease (includingagainst Landlord; provided, without limitationhowever, all rights, privileges, access rights, expansion and renewal options) that Lender or this Agreement in such action. Tenant acknowledges and agrees that it has no right or option of any nature whatsoever, whether pursuant to the Lease or otherwise, to purchase the Premises or the Property, or any portion thereof or any interest therein, and to the extent that Tenant has had, or hereafter acquires, any such right or option, the same is hereby acknowledged to be subject and subordinate to the Deed of Trust and is hereby waived and released as against Lender.Purchaser shall not be:

Nondisturbance. So long as Tenant is not in default under the Lease -------------- beyond any notice and cure period expressly provided in the Lease, Lender agrees with Tenant that in the event the interest of Landlord is acquired by Lender, or Lender acquires title to the Property or comes into possession of said Property by reason of foreclosure or enforcement of the Deed of Trust or the Note, or by a conveyance in lieu thereof, or by any other means, Tenant's possession of the Premises and Tenant's rights, privileges and obligations under the Lease shall not be disturbed, diminished or interfered with by Lender or any party claiming through Lender during the term of the Lease, including any extensions thereof permitted to Tenant, and the Lease shall continue in full force and effect and Tenant is shall not be terminated except in default beyond any applicable notice and cure period that would permit Landlord to terminate the Lease or exercise any remedy to dispossess provided for in the Lease, Lender will not (i) disturb, interfere accordance with or deprive Tenant of its leasehold estate or right (or the right of any party claiming by or through Tenant) to use, occupy and possess the Premises or utilize other portions of the Property under or by virtue of the terms of the Lease (including, without limitation, all rights, privileges, access rights, expansion and renewal options), Lease. Immediately upon the acquisition by Lender or (ii) name Purchaser of possession or join Tenant (title to the Property by reason of foreclosure or any party claiming by or through Tenant) as a defendant in any exercise of Lender’s rights and remedies arising upon a default under the Deed of Trust, including, without limitation, entry or foreclosure enforcement of the Deed of TrustTrust or the Note, acceptance of or by a deed or assignment conveyance in lieu of foreclosurethereof, or exercise as a result of a power any other means, Tenant agrees to be bound to Lender or Purchaser under all of sale the terms, covenants, and conditions of the Lease for the balance of the term thereof, including any extensions thereof permitted to Tenant, with the same force and effect as if Lender or Purchaser were the landlord under the Deed of TrustLease, unless applicable law requires and Tenant (does hereby attorn to Lender or any party claiming by or through Tenant) Purchaser as its landlord, said attornment to be made a effective and self-operative without the execution of any other instruments on the part of either party in any action relating thereto as a condition hereto. Lender further agrees that if it obtains possession or title to proceeding against Landlord or in order for Lender to avail itself and prosecute such rights and remedies under the Deed of Trust. In Property during the latter caseLease term, Lender may join shall be bound to Tenant (or party claiming by or through Tenant) as a defendant in such action but only to under all of the extent necessary under applicable law in order for Lender to avail itself terms, covenants, and conditions of and complete any foreclosure or other action or proceeding initiated by Lender pursuant to the Deed of Trust and not for the purpose of terminating the Lease or otherwise adversely affecting Tenant’s rights (or and Tenant shall, from and after the rights occurrence of any party claiming by or through Tenant) the events set forth above, have the same remedies that Tenant might have had under the Lease (includingagainst Landlord; provided, without limitationhowever, all rightsthat Lender or Purchaser shall not be: Exhibit E CREEKSIDE PLAZA ii TriNet Employer Group, privileges, access rights, expansion and renewal options) or this Agreement in such action. Tenant acknowledges and agrees that it has no right or option of any nature whatsoever, whether pursuant to the Lease or otherwise, to purchase the Premises or the Property, or any portion thereof or any interest therein, and to the extent that Tenant has had, or hereafter acquires, any such right or option, the same is hereby acknowledged to be subject and subordinate to the Deed of Trust and is hereby waived and released as against Lender.Inc.

Nondisturbance. So long as Tenant is not in default (beyond any period provided Tenant in the Lease to cure such default) in the payment of rent or in the performance of any of the terms, covenants or conditions of the Lease on Tenant’s part to be performed as would entitle Landlord to terminate the Lease, Lender agrees that Tenant's possession of the Premises and the other terms of Tenant's rights under the Lease shall not be diminished, disturbed or interfered with by Lender and if any action or proceeding is commenced by Lender for the foreclosure of the Mortgage and/or the sale of the Premises, Tenant shall not be named as a party defendant therein unless required by law only for such purpose and not to terminate the Lease or otherwise Exhibit F diminish or interfere with Tenant's rights and under the Lease or under this Agreement. Should Lender become the owner of the Premises, or should the Premises be sold by reason of foreclosure, or other proceedings brought to enforce the Mortgage, or should the Premises be transferred by deed in lieu of foreclosure, or should any portion of the Premises be sold under a trustee's sale, then, subject to the foregoing sentence, the Lease will continue in full force and effect as a direct lease between the Lender and/or the succeeding owner of the Premises, as the case may be, and Tenant is not in default beyond any applicable notice Tenant, upon and cure period that would permit Landlord subject to terminate all of the terms, covenants and conditions of the Lease or exercise (including any remedy to dispossess provided first offer rights in favor of Tenant) for in the Lease, Lender will not (i) disturb, interfere with or deprive Tenant balance of its leasehold estate term as it may be extended, and Lender, or right (or the right of any party claiming by or through Tenant) to use, occupy and possess the Premises or utilize other portions successor owner of the Property under or Premises, will be bound by virtue all of the terms of the Lease (including, without limitation, including all rights, privileges, access rights, expansion and renewal options), or (ii) name or join Tenant (or any party claiming by or through of Tenant) as a defendant in any exercise of Lender’s rights and remedies arising upon a default under the Deed of Trust, including, without limitation, entry or foreclosure of the Deed of Trust, acceptance of a deed or assignment in lieu of foreclosure, or exercise of a power of sale under the Deed of Trust, unless applicable law requires Tenant (or any party claiming by or through TenantLease) to be made a party in any action relating thereto as a condition to proceeding against Landlord or in order for Lender to avail itself and prosecute such rights and remedies under the Deed of Trust. In the latter case, Lender may join Tenant (or party claiming by or through Tenant) as a defendant in such action but only to the extent necessary under applicable law in order for first arising after the date Lender to avail itself of and complete any foreclosure or other action or proceeding initiated by Lender pursuant such successor owner takes title to the Deed of Trust and Premises (it being understood that Tenant shall not for the purpose of terminating the Lease or otherwise adversely affecting Tenant’s rights (or the rights of any party claiming by or through Tenant) be relieved from its obligations under the Lease (including, without limitation, all rights, privileges, access rights, expansion and renewal options) first arising prior to such date that Lender or this Agreement in such action. Tenant acknowledges and agrees that it has no right or option of any nature whatsoever, whether pursuant successor owner takes title to the Lease or otherwise, to purchase the Premises or the Property, or any portion thereof or any interest therein, and to the extent that Tenant has had, or hereafter acquires, any such right or option, the same is hereby acknowledged to be subject and subordinate to the Deed of Trust and is hereby waived and released as against LenderPremises).

Nondisturbance. So long as Tenant is not in Default under the Lease beyond any notice and cure period provided in the Lease, then Lender agrees with Tenant that in the event the interest of Landlord is acquired by Lender or Lender acquires title to the Property or comes into possession of said Property by reason of foreclosure or enforcement of the Mortgage or the Note, or by a conveyance in lieu thereof, or by any other means, Tenant’s possession of the Premises and Tenant’s rights, privileges and obligations under the Lease shall not be disturbed, diminished or interfered with by Lender or any party claiming through Lender during the term of the Lease, including any extensions thereof permitted to Tenant, and the Lease shall continue in full force and effect and shall not be terminated except in accordance with the terms of the Lease. In the event Tenant is not in default Defaults under the Lease or this Agreement beyond any applicable notice and cure period that would permit Landlord period, the obligations of Lender hereunder shall, at Lender’s election, become null and void and Lender may proceed to terminate extinguish the Lease and all of Tenant’s rights and interests in and to the Premises through foreclosure of the Mortgage. Immediately upon the acquisition by Lender of possession or exercise title to the Property by reason of foreclosure or enforcement of the Mortgage or the Note, or by a conveyance in lieu thereof, or as a result of any remedy other means, Tenant agrees to dispossess provided be bound to Lender under all of the terms, covenants, and conditions of the Lease for in the balance of the term thereof, including any extensions thereof permitted to Tenant, with the same force and effect as if Lender were the landlord under the Lease, and Tenant does hereby attorn to Lender will not (i) disturbas its landlord, interfere with or deprive Tenant of its leasehold estate or right (or said attornment to be effective and self-operative without the right exercise of any other instruments on the part of either party claiming by or through Tenant) hereto. Lender further agrees that if it obtains possession and title to usethe Property during the Lease Term, occupy and possess the Premises or utilize other portions Lender shall be bound to Tenant under all of the Property under or by virtue of the terms terms, covenants and conditions of the Lease (includingand Tenant shall, without limitation, all rights, privileges, access rights, expansion from and renewal options), or (ii) name or join Tenant (or any party claiming by or through Tenant) as a defendant in any exercise of Lender’s rights and remedies arising upon a default under after the Deed of Trust, including, without limitation, entry or foreclosure occurrence of the Deed of Trustevents set forth above, acceptance of a deed or assignment in lieu of foreclosure, or exercise of a power of sale under have the Deed of Trust, unless applicable law requires same remedies that Tenant (or any party claiming by or through Tenant) to be made a party in any action relating thereto as a condition to proceeding against Landlord or in order for Lender to avail itself and prosecute such rights and remedies under the Deed of Trust. In the latter case, Lender may join Tenant (or party claiming by or through Tenant) as a defendant in such action but only to the extent necessary under applicable law in order for Lender to avail itself of and complete any foreclosure or other action or proceeding initiated by Lender pursuant to the Deed of Trust and not for the purpose of terminating the Lease or otherwise adversely affecting Tenant’s rights (or the rights of any party claiming by or through Tenant) might have had under the Lease (includingagainst Landlord; provided, without limitationhowever, all rights, privileges, access rights, expansion and renewal options) or this Agreement in such action. Tenant acknowledges and agrees that it has no right or option of any nature whatsoever, whether pursuant to the Lease or otherwise, to purchase the Premises or the Property, or any portion thereof or any interest therein, and to the extent that Tenant has had, or hereafter acquires, any such right or option, the same is hereby acknowledged to be subject and subordinate to the Deed of Trust and is hereby waived and released as against Lender.Lender shall not be: