Common use of SUBORDINATION AND NON-DISTURBANCE Clause in Contracts

SUBORDINATION AND NON-DISTURBANCE. This Lease shall be subject and subordinate to any first mortgage and to any junior mortgage that has been approved by the first mortgagee that may now or hereafter be placed upon the Building and/or the Land and to any and all advances to be made under such mortgages and to the interest thereon, and all renewals, extensions and consolidations thereof. Any mortgagee may elect to give this Lease priority to its mortgage, except that the Lease shall not have priority to (i) the prior right, claim and lien of such mortgagees in, to and upon any insurance proceeds and the disposition thereof under the mortgage; (ii) the prior right, claim and lien of such mortgagees in, to and upon any award or compensation heretofore or hereafter to be made for any taking by eminent domain of any part of the Premises, and to the right of disposition thereof under the mortgage; and (iii) any lien, right, power or interest, if any, which may have arisen or intervened in the period between the recording of the mortgages and the execution of this Lease, or any lien or judgment which may arise any time under the terms of this Lease. In the event of such election and upon notification by such mortgagee, this Lease shall be deemed prior in lien to the said mortgage. This Article X shall be self-operative, but in confirmation thereof, Tenant shall execute and deliver whatever instruments as may be reasonably required by the first mortgagee or junior mortgagee to acknowledge such subordination or priority in a recordable form. Landlord will deliver ..1 subordination and non-disturbance agreement to Tenant on the lenders standard form, if and when a mortgage is placed on the property.

SUBORDINATION AND NON-DISTURBANCE. This Lease shall be subject and subordinate to any first mortgage and to any junior mortgage that has been approved by the first mortgagee that may now or hereafter be placed upon the Building and/or the Land and to any and all advances to be made under such mortgages and to the interest thereon, and all renewals, extensions and consolidations thereof. Any mortgagee may elect to give this Lease priority to its mortgage, except that the Lease shall not have priority to (i) the prior right, claim and lien of such mortgagees in, to and upon any insurance proceeds and the disposition thereof under the mortgage; (ii) the prior right, claim and lien of such mortgagees in, to and upon any award or compensation heretofore or hereafter to be made for any taking by eminent domain of any part of the Premises, and to the right of disposition thereof under the mortgage; and (iii) any lien, right, power or interest, if any, which may have arisen or intervened in the period between the recording of the mortgages and the execution of this Lease, or any lien or judgment which may arise any time under the terms of this Lease. In the event of such election and upon notification by such mortgagee, this Lease shall be deemed prior in lien to the said mortgage. This Article X Section shall be self-operative, but in confirmation thereof, Tenant shall execute and deliver whatever instruments a Non-disturbance, and Attornment Agreement (an "SNDA") substantially in the form attached hereto as may be Exhibit F. With respect to any future mortgagee, Tenant shall agree to subordinate this Lease upon the execution of an SNDA reasonably required by mutually agreeable to the first mortgagee or junior mortgagee to acknowledge such subordination or priority parties, in a recordable form. Landlord will deliver ..1 subordination , and non-disturbance agreement to Tenant on containing substantially the lenders standard form, if same terms and when a mortgage is placed on the property.provisions as those set

SUBORDINATION AND NON-DISTURBANCE. This Lease shall be subject and subordinate to any first mortgage and to any junior mortgage that has been approved by the first mortgagee that may now or hereafter be placed upon the Building and/or the Land and to any and all advances to be made under such mortgages and to the interest thereon, and all renewals, extensions and consolidations thereof. Any mortgagee may elect to give this Lease priority to its mortgage, except that the Lease shall not have priority to (i) the prior right, claim and lien of such mortgagees in, to and upon any insurance proceeds and the disposition thereof under the mortgage; (ii) the prior right, claim and lien of such mortgagees in, to and upon any award or compensation heretofore or hereafter to be made for any taking by eminent domain of any part of the Premises, and to the right of disposition thereof under the mortgage; and (iii) any lien, right, power or interest, if any, which may have arisen or intervened in the period between the recording of the mortgages and the execution of this Lease, or any lien or judgment which may arise any time under the terms of this Lease. In the event of such election and upon notification by such mortgagee, this Lease shall be deemed prior in lien to the said mortgage. This Article X Section shall be self-operative, but in confirmation thereof, Tenant shall execute and deliver whatever instruments a Non-disturbance, and Attornment Agreement (an “SNDA”) substantially in the form attached hereto as may be Exhibit F. With respect to any future mortgagee, Tenant shall agree to subordinate this Lease upon the execution of an SNDA reasonably required by mutually agreeable to the first mortgagee or junior mortgagee to acknowledge such subordination or priority parties, in a recordable form, and containing substantially the same terms and provisions as those set forth in Exhibit J hereto. Landlord will deliver ..1 subordination and shall use diligent efforts to obtain a non-disturbance agreement from its current mortgagee prior to Tenant on Tenant’s occupancy of the lenders standard formPremises, and all future mortgagees and ground lessors, if and when a mortgage is placed on the propertyany.