Common use of RIGHTS OF MORTGAGEES AND GROUND LESSORS; ESTOPPEL CERTIFICATES Clause in Contracts

RIGHTS OF MORTGAGEES AND GROUND LESSORS; ESTOPPEL CERTIFICATES. Section 9.1 Subordination to Mortgages and Ground Leases. Tenant agrees that this Lease is and shall be and remain subordinate to the lien of any present or future mortgage or mortgages, or ground lease, upon Landlord's Property, irrespective of the time of execution or time of recording of any such mortgage or mortgages, or ground lease, and to all renewals, extensions, and modifications therefor or amendments thereto; provided, however, that as a condition to such subordination, the mortgagee or ground lessor must agree not to disturb Tenant's possession of the Premises pursuant to the terms of this Lease so long as no Event of Default exists. Tenant agrees that it will, upon five (5) Business Days' advance written request from Landlord or any holder of a mortgage on all or a portion of Landlord's Property or the ground lessor thereof, execute, acknowledge, and deliver an agreement to give effect to, or notice of, such subordination, provided that the terms of such agreement are similar in substance to the form of Subordination, Non-Disturbance and Attornment Agreement attached hereto as Exhibit H. Upon five (5) days' written request from Landlord, any holder of a mortgage or ground lease on Landlord's Property or any successor in interest to Landlord, whether by purchase, foreclosure, deed in lieu of foreclosure or otherwise, Tenant shall enter into an attornment agreement consistent with the attornment provisions in Exhibit H. Section 9.2 Lease Superior at Mortgagee's or Ground Lessor's Election. At the request in writing of any mortgagee, or ground lessor, of Landlord's Property, this Lease shall be deemed superior to such mortgage, or ground lease, whether this Lease was executed before or after such mortgage, or ground lease, and Tenant shall execute such documents to effect the foregoing in recordable form as such mortgagee, or ground lessor, shall request.

RIGHTS OF MORTGAGEES AND GROUND LESSORS; ESTOPPEL CERTIFICATES. Section 9.1 Subordination to Mortgages and Ground Leases. Tenant agrees that this This Lease is and shall be and remain subordinate to the lien of any present or future mortgage or mortgages, or ground lease, upon Landlord's Propertythe Project, irrespective of the time of execution or time of recording of any such mortgage or mortgages, or ground lease, and to all renewals, extensions, and modifications therefor or amendments thereto; provided, however, provided that as a condition to such subordinationsubordination to any present or future mortgage or ground lease, the mortgagee or ground lessor must agree and Tenant shall enter into a Subordination, Non-Disturbance and Attornment Agreement in mutually agreeable form pursuant to which, among other things, the mortgagee or ground lessor agrees not to disturb Tenant's ’s possession of the Premises pursuant to the terms of this Lease so long as no Event of Default exists. Tenant agrees that it willAs one of the Lease Effectiveness Conditions, upon five Union Security Insurance Company (5Landlord’s present mortgagee) Business Days' advance written request from Landlord or any holder of shall enter into a mortgage on all or a portion of Landlord's Property or the ground lessor thereof, execute, acknowledge, and deliver an agreement to give effect to, or notice of, such subordination, provided that the terms of such agreement are similar in substance to the form of Subordination, Non-Disturbance and Attornment Agreement attached with Tenant substantially in the form of Exhibit G-1 hereto or in such other form as is reasonably satisfactory to Tenant, and Tenant shall be permitted to record the same. Notwithstanding anything to the contrary in this Lease, this Lease shall not be subordinate to any future mortgage or ground lease unless Landlord, Tenant and the mortgagee or ground lessor shall enter into a Subordination, Non-Disturbance and Attornment Agreement substantially in the form of Exhibit H. G-2 or in such other form as shall be negotiated by Landlord, Tenant and Landlord’s lender in good faith, and Tenant shall be permitted to record the same. Upon five (5) days' Business Days’ written request from Landlord, any holder of a mortgage or ground lease on Landlord's Property the Project or any successor in interest to Landlord, whether by purchase, foreclosure, deed in lieu of foreclosure or otherwise, Tenant shall enter into an commercially reasonable attornment agreement, in the form requested by such party, with such party; provided that as a condition of entering into an attornment agreement consistent with a holder of a mortgage or ground lease that is superior to this Lease, Tenant may require that the attornment agreement include commercially reasonable non-disturbance provisions in Exhibit H. Section 9.2 Lease Superior at Mortgagee's or Ground Lessor's Election. At for the request in writing benefit of any mortgagee, or ground lessor, of Landlord's Property, this Lease shall be deemed superior to such mortgage, or ground lease, whether this Lease was executed before or after such mortgage, or ground lease, and Tenant shall execute such documents to effect the foregoing in recordable form as such mortgagee, or ground lessor, shall requestTenant.

RIGHTS OF MORTGAGEES AND GROUND LESSORS; ESTOPPEL CERTIFICATES. Section 9.1 9.1. Subordination to Mortgages and Ground Leases. Tenant agrees that this Lease is and shall be and remain subordinate to the lien of any present or future mortgage or mortgages, or ground leasetease, upon Landlord's Propertythe Project, irrespective of the time of execution or time of recording of any such mortgage or mortgages, or ground lease, and to all renewals, extensions, and modifications therefor or amendments thereto; provided, however, that as a condition to such subordinationsubordination to any present or future mortgage or ground lease, the mortgagee or ground lessor must agree not to disturb Tenant's ’s possession of the Premises pursuant to the terms of this Lease so long as no Event of Default exists. Tenant agrees that it will, upon five (5) Business Days' ’ advance written request from Landlord or any holder of a mortgage on all or a portion of Landlord's Property the Project or the ground lessor thereof, execute, acknowledge, and deliver an agreement any and all instruments reasonably deemed necessary or desirable by Landlord, or such holder to give effect to, or notice of, such subordination, provided that such subordination includes a non-disturbance agreement for the benefit of Tenant on commercially reasonable terms and conditions specified by the mortgagee or ground lessor. Without limiting the generality of such agreement are similar in substance to the form immediately preceding sentence, Tenant shall, contemporaneously with the execution of this Lease, (a) enter into a Subordination, Non-Disturbance and Attornment Agreement attached hereto with The Union Labor Life Insurance Company in the form of Exhibit J, and (b) enter into a Subordination, Non-Disturbance and Attornment Agreement with BHX, LLC, as Trustee of Acorn Park Holdings Realty Trust, in the form of Exhibit H. K. Upon five (5) days' Business Days’ written request from Landlord, any holder of a mortgage or ground lease on Landlord's Property the Project or any successor in interest to Landlord, whether by purchase, foreclosure, deed in lieu of foreclosure or otherwise, Tenant shall enter into an a recognition and attornment agreement consistent agreement, in the form reasonably requested by such party, with the attornment provisions in Exhibit H. Section 9.2 Lease Superior at Mortgagee's or Ground Lessor's Election. At the request in writing of any mortgagee, or ground lessor, of Landlord's Property, this Lease shall be deemed superior to such mortgage, or ground lease, whether this Lease was executed before or after such mortgage, or ground lease, and Tenant shall execute such documents to effect the foregoing in recordable form as such mortgagee, or ground lessor, shall requestparty.

RIGHTS OF MORTGAGEES AND GROUND LESSORS; ESTOPPEL CERTIFICATES. Section 9.1 Subordination to Mortgages and Ground Leases. Tenant agrees that this This Lease is and shall be and remain subordinate to the lien of any present or future mortgage or mortgages, or ground lease, upon the Landlord's ’s Property, irrespective of the time of execution or time of recording of any such mortgage or mortgages, or ground lease, and to all renewals, extensions, and modifications therefor or amendments thereto; provided, however, provided that as a condition to such subordinationsubordination to any present or future mortgage or ground lease, the mortgagee or ground lessor must agree not to disturb Tenant's ’s possession of the Premises pursuant to the terms of this Lease so long as no Event of Default exists. Tenant agrees that it will, upon five (5) 10 Business Days' ’ advance written request from Landlord or any holder of a mortgage on all or a portion of the Landlord's ’s Property or the ground lessor thereof, execute, acknowledge, and deliver an agreement any and all instruments reasonably deemed necessary or desirable by Landlord, or such holder to give effect to, or notice of, such subordination, provided that such subordination includes a non-disturbance agreement for the benefit of Tenant on commercially reasonable terms of such agreement are similar in substance to and conditions specified by the form of Subordination, Non-Disturbance and Attornment Agreement attached hereto as Exhibit H. mortgagee or ground lessor. Upon five (5) days' 10 Business Days’ written request from Landlord, any holder of a mortgage or ground lease on the Landlord's ’s Property or any successor in interest to Landlord, whether by purchase, foreclosure, deed in lieu of foreclosure or otherwise, Tenant shall enter into an attornment agreement consistent agreement, in the form requested by such party, with the attornment provisions in Exhibit H. Section 9.2 Lease Superior at Mortgagee's or Ground Lessor's Election. At the request in writing of any mortgagee, or ground lessor, of Landlord's Property, this Lease shall be deemed superior to such mortgage, or ground lease, whether this Lease was executed before or after such mortgage, or ground lease, and Tenant shall execute such documents to effect the foregoing in recordable form as such mortgagee, or ground lessor, shall requestparty.