Common use of SUBORDINATION, ATTORNMENT AND MORTGAGEE PROTECTION Clause in Contracts

SUBORDINATION, ATTORNMENT AND MORTGAGEE PROTECTION. This Agreement is subject and subordinate to all Mortgages (as defined below) whether executed and delivered prior to or subsequent to the date of this Agreement, and to the provisions of any reciprocal easement, operating agreement, declaration, restrictive covenant, and all other encumbrances and matters of public record applicable to the Property. However, any Holder (as defined below) may elect to make this Agreement prior to the lien of its Mortgage, by written notice to Licensee. Licensee shall execute such documentation as Licensor or any Holder may request from time to time, in order to confirm the matters set forth in this Section. If any foreclosure proceedings are initiated by any Holder or deed in lieu is granted or any ground lease is terminated, Licensee agrees, upon written request of any such Holder or any purchaser at foreclosure sale, to attorn to such party and to execute and deliver any instruments necessary or appropriate to evidence or effectuate such attornment (provided such Holder or purchaser shall agree to accept this Agreement and not disturb Licensee’s occupancy, so long as Licensee does not Default under this Agreement). In the event of attornment, no Holder shall be (a) liable for any act or omission of Licensor, or be subject to any offset or defense which Licensee might have against Licensor (prior to such Holder becoming Licensor); or (b) bound by any future modification of this Agreement not consented to by such Holder. If in connection with obtaining a mortgage on the Property, a lender shall request reasonable modifications to this Agreement, Licensee will not unreasonably withhold, delay or condition its consent thereto, provided that such modifications do not increase the obligations of Licensee hereunder. “

SUBORDINATION, ATTORNMENT AND MORTGAGEE PROTECTION. This Agreement Subject to the provisions of a subordination, non-disturbance and attornment agreement in the form of Exhibit C attached hereto, to be entered into between Tenant and the Holder, this Lease is subject and subordinate to all Mortgages (as defined belowin Article 25) whether executed and delivered prior to now or subsequent to hereafter placed upon the date of this Agreement, and to the provisions of any reciprocal easement, operating agreement, declaration, restrictive covenantProperty, and all other encumbrances and matters of public record applicable to the Property. However, any Holder (as defined below) may elect to make this Agreement prior to the lien of its Mortgage, by written notice to Licensee. Licensee shall execute such documentation as Licensor or any Holder may request from time to time, in order to confirm the matters set forth in this Section. If any foreclosure proceedings are initiated by any Holder or a deed in lieu is granted (or if any ground lease is terminated), Licensee Tenant agrees, upon written request of any such Holder or any purchaser at foreclosure sale, to attorn and pay Rent to such party and to execute and deliver any instruments necessary or appropriate to evidence or effectuate such attornment (provided such Holder or purchaser shall agree to accept this Agreement Lease and not disturb Licensee’s Tenant's occupancy, so long as Licensee Tenant does not Default under this Agreementdefault and fail to cure within the time permitted hereunder). In However, in the event of attornment, no Holder shall be be: (ai) liable for any act or omission of LicensorLandlord, or be subject to any offset offsets or defense defenses which Licensee Tenant might have against Licensor Landlord (prior to such Holder becoming LicensorLandlord under such attornment); , (ii) liable for any security deposit or bound by any prepaid Rent not actually received by such Holder, or (biii) bound by any future modification of this Agreement Lease not consented to by such Holder under circumstances in which Landlord is required to obtain the consent of the Holder, but such consent has not been provided (with Tenant to be provided with notice of any such Holder refusal to grant consent when such consent is required). If Any Holder (as defined in connection with obtaining a mortgage on Article 25) may elect to make this Lease prior to the Propertylien of its Mortgage, by written notice to Tenant, and if the Holder of any prior Mortgage shall require, this Lease shall be prior to any subordinate Mortgage. Tenant agrees to give any Holder by certified mail, return receipt requested, a lender shall request reasonable modifications to this Agreement, Licensee will not unreasonably withhold, delay or condition its consent theretocopy of any notice of default served by Tenant upon Landlord, provided that prior to such modifications do notice Tenant has been notified in writing (by way of service on Tenant of a copy of an assignment of leases, or otherwise) of the address of such Holder. Tenant further agrees that if Landlord shall have failed to cure such default within the times permitted Landlord for cure under this Lease, any such Holder whose address has been provided to Tenant shall have an additional period of thirty (30) days in which to cure (or such additional time as may be required due to causes beyond such Holder's control, including time to obtain possession of the Property by power of sale or judicial action) subject to Tenant's right to exercise its remedies under Article 7, which Tenant may utilize whether or not increase Holder has obtained possession or control of the obligations of Licensee hereunderProperty. “Tenant shall execute such documentation as Landlord may reasonably request from time to time, in order to confirm the matters set forth in this Article in recordable form.

SUBORDINATION, ATTORNMENT AND MORTGAGEE PROTECTION. This Agreement is subject and subordinate to all Mortgages (as defined below) whether executed and delivered prior to or subsequent to now placed upon the date of this AgreementProperty, and to the provisions of any reciprocal easement, operating agreement, declaration, restrictive covenant, and all other encumbrances and matters of public record applicable to the Property. However, any Holder (as defined below) may elect to make this Agreement prior to the lien of its Mortgage, by written notice to Licensee. Licensee shall execute such documentation as Licensor or any Holder may reasonably request from time to time, in order to confirm the matters set forth in this SectionParagraph. If any foreclosure proceedings are initiated by any Holder or deed in lieu is granted or any ground lease is terminated, Licensee agrees, upon written request of any such Holder or any purchaser at foreclosure sale, to attorn to such party and to execute and deliver any instruments necessary or appropriate to evidence or effectuate such attornment (provided such Holder or purchaser shall agree to accept this Agreement and not disturb Licensee’s occupancy, so long as Licensee does is not Default under this Agreementin default hereunder). In the event of attornment, no Holder shall be be: (ai) liable for any act or omission of Licensor, or be subject to any offset or defense which Licensee might have against Licensor (prior to such Holder becoming Licensor); , or (bii) bound by any future modification of this Agreement not consented to by such Holder. If in connection with obtaining a mortgage on “Mortgage” means all mortgages, deeds of trust, ground leases and other such encumbrances placed upon the PropertyProperty or any part thereof, a lender shall request reasonable modifications to this Agreementand all renewals, Licensee will not unreasonably withholdmodifications, delay consolidations, replacement or condition its consent theretoextensions thereof, provided that such modifications do not increase the obligations of Licensee hereunderand all indebtedness secured thereby and all interest therein. “Holder” means the holder of any Mortgage at the time in question, and where such Mortgage is a ground Licensor, such tern shall refer to the ground Licensor.

SUBORDINATION, ATTORNMENT AND MORTGAGEE PROTECTION. This Agreement Lease is subject and subordinate to all Mortgages (as defined belowin Article 25) whether executed and delivered prior to now or subsequent to hereafter placed upon the date of this Agreement, and to the provisions of any reciprocal easement, operating agreement, declaration, restrictive covenantProperty, and all other encumbrances and matters of public record applicable to the Property. However, any Holder (as defined below) may elect to make this Agreement prior to the lien of its Mortgage, by written notice to Licensee. Licensee shall execute such documentation as Licensor or any Holder may request from time to time, in order to confirm the matters set forth in this Section. If any foreclosure proceedings are initiated by any Holder or a deed in lieu is granted (or if any ground lease is terminated), Licensee Tenant agrees, upon written request of any such Holder or any purchaser at foreclosure sale, to attorn and pay Rent to such party and to execute and deliver any instruments necessary or appropriate to evidence or effectuate such attornment (provided such Holder or purchaser shall agree to accept this Agreement Lease and not disturb Licensee’s Tenant's occupancy, so long as Licensee Tenant does not Default under this Agreementdefault and fail to cure within the time permitted hereunder). In However, in the event of attornment, no Holder shall be be: (ai) liable for any act or omission of LicensorLandlord, or be subject to any offset offsets or defense defenses which Licensee Tenant might have against Licensor Landlord (prior to such Holder becoming LicensorLandlord under such attornment); , (ii) liable for any security deposit or bound by any prepaid Rent not actually received by such Holder, or (biii) bound by any future modification of this Agreement Lease not consented to by such Holder. If Any Holder (as defined in connection with obtaining a mortgage on Article 25) may elect to make this Lease prior to the Propertylien of its Mortgage, a lender shall request reasonable modifications by written notice to this AgreementTenant, Licensee will not unreasonably withhold, delay or condition its consent thereto, provided that such modifications do not increase and if the obligations Holder of Licensee hereunder. “any prior Mortgage