Common use of SUBORDINATION, ATTORNMENT AND NOTICE Clause in Contracts

SUBORDINATION, ATTORNMENT AND NOTICE. This Lease is subject and subordinate (i) to each lease of all or any portion of the Property wherein Landlord is the tenant and to the lien of each mortgage and deed of trust encumbering all or any portion of the Property, regardless of whether such lease, mortgage or deed of trust now exists or may hereafter be created, (ii) to any and all advances (including interest thereon) to be made under each such lease, mortgage or deed of trust and (iii) to all modifications, consolidations, renewals, replacements and extensions of each such lease, mortgage or deed of trust; provided that the foregoing subordination to any mortgage or deed of trust placed on the Property after the date hereof shall not become effective until and unless the holder of such mortgage or deed of trust delivers to Tenant a commercially reasonable non-disturbance agreement with reference to this Lease (which may include Tenant’s agreement to attorn as set forth below) permitting Tenant, if Tenant is not then in default under any provision of, this Lease, to remain in occupancy of the Premises in the event of a foreclosure of any such mortgage or deed of trust. Tenant shall, in the event of the sale or assignment of Landlord’s interest in the Premises, attorn to and recognize such purchaser, assignee or lessor as Landlord under this Lease, so long as such agreements do not materially impair Tenant’s rights to possession and peaceful enjoyment of the premises in accordance with this Lease. Tenant shall, in the event of any proceedings brought for the foreclosure of, or in the event of the exercise of the power of sale under, any mortgage or deed of trust covering the Premises, attorn to and recognize the purchaser at foreclosure as Landlord under this Lease. The above subordination and attornment clauses shall be self-operative and no further instruments of subordination or attornment need be required by any mortgagee, trustee, lessor, purchaser or assignee. In confirmation thereof, Tenant agrees that, upon the request of Landlord, or any such mortgagee, trustee, lessor, purchaser or assignee, Tenant shall execute and deliver whatever instruments may be required for such purposes and to carry out the intent of this Section 12.2.

SUBORDINATION, ATTORNMENT AND NOTICE. This Lease is subject and subordinate to (i) to each any lease of all or any portion of the Property wherein Landlord is the tenant and to the lien liens of each mortgage any and deed all mortgages and deeds of trust encumbering all or any portion of the Propertytrust, regardless of whether such lease, mortgage or deed of trust now exists or may hereafter be createdcreated with regard to all or any part of the Property, (ii) to any and all advances (including interest thereon) to be made under each any such lease, mortgage or deed of trust and (iii) to all modifications, consolidations, renewals, replacements and extensions of each any such lease, mortgage or deed of trust; provided that the foregoing subordination to in respect of any mortgage or deed of trust placed on the Property after the date hereof shall not become effective until and unless the holder of such mortgage or deed of trust delivers to Tenant a commercially reasonable non-disturbance agreement with reference to this Lease (which may include Tenant’s 's agreement to attorn as set forth below) permitting Tenant, if Tenant is not then in default under under, or in breach of any provision of, this Lease, to remain in occupancy of the Premises in the event of a foreclosure of any such mortgage or deed of trust. Tenant also agrees that any lessor, mortgagee or trustee may elect (which election shall be revocable) to have this Lease superior to any lease or lien of its mortgage or deed of trust and, in the event of such election and upon notification by such lessor, mortgagee or trustee to Tenant to that effect, this Lease shall be deemed superior to the said lease, mortgage or deed of trust, whether this Lease is dated prior to or subsequent to the date of said lease, mortgage or deed of trust. Tenant shall, in the event of the sale or assignment of Landlord’s 's interest in the PremisesPremises (except in a sale-leaseback financing transaction), or in the event of the termination of any lease in a sale-leaseback financing transaction wherein Landlord is the lessee, attorn to and recognize such purchaser, assignee or lessor mortgagee as Landlord under this Lease, so long as such agreements do not materially impair Tenant’s rights to possession and peaceful enjoyment of the premises in accordance with this Lease. Tenant shall, in the event of any proceedings brought for the foreclosure of, or in the event of the exercise of the power of sale under, any mortgage or deed of trust covering the Premises, attorn to and recognize the purchaser at foreclosure such sale, assignee or mortgagee, as the case may be, as Landlord under this Lease. The above subordination and attornment clauses shall be self-operative and no further instruments of subordination or attornment need be required by any mortgagee, trustee, lessor, purchaser or assignee. In confirmation thereof, Tenant agrees that, upon the request of Landlord, or any such lessor, mortgagee, trustee, lessor, purchaser or assignee, Tenant shall execute and deliver whatever instruments may be required for such purposes and to carry out the intent of this Section 12.2.

SUBORDINATION, ATTORNMENT AND NOTICE. This Lease is subject and subordinate (i) to each lease of all or any portion of the Property wherein Landlord is the tenant and to the lien of each mortgage and deed of trust encumbering all or any portion of the Property, regardless of whether such lease, mortgage or deed of trust now exists or may hereafter be created, (ii) to any and all advances (including interest thereon) to be made under each such lease, mortgage or deed of trust and (iii) to all modifications, consolidations, renewals, replacements and extensions of each such lease, mortgage or deed of trust; provided that the foregoing subordination to any mortgage or deed of trust placed on the Property after the date hereof shall not become effective until and unless the holder of such mortgage or deed of trust delivers to Tenant a commercially reasonable non-disturbance agreement with reference to this Lease (which may include Tenant’s agreement to attorn as set forth below) permitting Tenant, if Tenant is not then in default beyond any applicable cure period under any provision of, of this Lease, to remain in occupancy of the Premises in the event of a foreclosure of any such mortgage or deed of trust. Tenant shall, in the event of the sale or assignment of Landlord’s interest in the Premises, attorn to and recognize such purchaser, assignee or lessor as Landlord under this Lease, so long as such agreements do not materially impair Tenant’s rights to possession and peaceful enjoyment of the premises in accordance with this Lease. Tenant shall, in the event of any proceedings brought for the foreclosure of, or in the event of the exercise of the power of sale under, any mortgage or deed of trust covering the Premises, attorn to and recognize the purchaser at foreclosure as Landlord under this Lease. The above subordination and attornment clauses shall be self-operative and no further instruments of subordination or attornment need be required by any mortgagee, trustee, lessor, purchaser or assignee. In confirmation thereof, Tenant agrees that, upon the request of Landlord, or any such mortgagee, trustee, lessor, purchaser or assignee, Tenant shall execute and deliver whatever instruments may be required for such purposes and to carry out the intent of this Section 12.2.. In the event Tenant requests a subordination, non-disturbance and attornment agreement from any mortgagee, trustee, lessor, purchaser or assignee of Landlord, Tenant shall pay all legal fees and expenses incurred by Landlord in connection therewith, including any legal and other fees and expenses charged by Landlord’s mortgagee, trustee, lessor, purchaser or assignee. Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower One

SUBORDINATION, ATTORNMENT AND NOTICE. This Lease is subject and subordinate (i) to each lease of all or any portion of the Property wherein Landlord is the tenant and to the lien of each mortgage and deed of trust encumbering all or any portion of the Property, regardless of whether such lease, mortgage or deed of trust now exists or may hereafter be created, (ii) to any and all advances (including interest thereon) to be made under each such lease, mortgage or deed of trust and (iii) to all modifications, consolidations, renewals, replacements and extensions of each such lease, mortgage or deed of trust; provided that the foregoing subordination to any mortgage or deed of trust placed on the Property after the date hereof shall not become effective until and unless the holder of such mortgage or deed of trust delivers to Tenant a commercially reasonable non-disturbance agreement with reference to this Lease (which may include Tenant’s agreement to attorn as set forth below) permitting Tenant, if Tenant is not then in default Default under any provision of, this Lease, to remain in occupancy of the Premises in the event of a foreclosure of any such mortgage or deed of trust. Provided such purchaser, assignor or lessor expressly assumes in writing all obligations of Landlord hereunder which arise and accrue from and after the date of the sale or assignment, Tenant shall, in the event of the sale or assignment of Landlord’s interest in the Premises, attorn to and recognize such purchaser, assignee or lessor as Landlord under this Lease, so long as such agreements do . Provided foreclosure purchaser does not materially impair Tenantdisturb Xxxxxx’s tenancy hereunder and recognizes all of Tenant Name: Alkami Technology Building Name: Granite Park Three Xxxxxx’s rights to possession and peaceful enjoyment of the premises in accordance with this Lease. hereunder, Tenant shall, in the event of any proceedings brought for the foreclosure of, or in the event of the exercise of the power of sale under, any mortgage or deed of trust covering the Premises, attorn to and recognize the purchaser at foreclosure as Landlord under this Lease. The Except as described above, the above subordination and attornment clauses shall be self-operative and no further instruments of subordination or attornment need be required by any mortgagee, trustee, lessor, purchaser or assignee. In confirmation thereof, Tenant Xxxxxx agrees that, upon the request of LandlordXxxxxxxx, or any such mortgagee, trustee, lessor, purchaser or assignee, Tenant shall execute and deliver whatever instruments instruments, reasonably acceptable to Tenant, may be required for such purposes and to carry out the intent of this Section 12.2. Concurrently with the execution of this Lease, Landlord shall execute and deliver a subordination, non-disturbance and attornment agreement from Xxxxxxxx’s current lender, MetLife, in the form previously approved by Xxxxxx and MetLife.

SUBORDINATION, ATTORNMENT AND NOTICE. This Lease is subject and subordinate (i) to each any lease of all or any portion of the Property wherein Landlord is the tenant and to the lien liens of each mortgage any and deed all mortgages or deeds of trust encumbering all or any portion of the Propertytrust, regardless of whether such lease, mortgage mortgages or deed deeds of trust now exists exist or may hereafter be createdcreated with regard to all or any part of the Property, (ii) and to any and all advances (including interest thereon) to be made under each such leasethereunder, mortgage or deed of trust and (iii) to the interest thereon, and all modifications, consolidations, renewals, replacements and extensions thereof. Tenant also agrees that any lessor, mortgagee or trustee may elect (which election shall be revocable) to have this Lease superior to any lease or lien of each its mortgage or deed of trust, and in the event of such election and upon notification by such lessor, mortgagee or trustee to that effect, this Lease shall be deemed superior to the said lease, mortgage or deed of trust; provided that the foregoing subordination , whether this Lease is dated prior to any mortgage or deed of trust placed on the Property after subsequent to the date hereof shall not become effective until and unless the holder of such mortgage or deed of trust delivers to Tenant a commercially reasonable non-disturbance agreement with reference to this Lease (which may include Tenant’s agreement to attorn as set forth below) permitting Tenantsaid lease, if Tenant is not then in default under any provision of, this Lease, to remain in occupancy of the Premises in the event of a foreclosure of any such mortgage or deed of trust. Tenant shall, in the event of the sale or assignment of Landlord’s 's interest in the PremisesPremises (except in a sale-leaseback financing transaction), or in the event of a termination of any lease in a sale-leaseback financing transaction \\"herein Landlord is the lessee, attorn to and recognize such purchaser, assignee or lessor mortgagee as Landlord under this Lease, so long as such agreements do not materially impair Tenant’s rights to possession and peaceful enjoyment of the premises in accordance with this Lease. Tenant shall, in the event of any proceedings brought for the foreclosure of, or in the event of the exercise of the power of sale under, any mortgage or deed of trust covering the Premises, attorn to and recognize the purchaser at foreclosure such sale, assignee, or mortgagee, as the case may be, as Landlord under this Lease. Tenant shall not seek to enforce any remedy it may have for any default on the part of Landlord without giving written notice specifying the default in reasonable detail to any lessor, mortgagee or trustee whose address has been delivered to Tenant, and affording such lessor, mortgagee or trustee a reasonable opportunity to perform and/or cure Landlord's default. Tenant further agrees that any lessor, mortgagee, trustee or purchaser at foreclosure shall not be liable for any acts of Landlord, shall not be liable for the Security Deposit if not actually received by any such party, be bound by any amendment of this Lease to which it did not consent in \\"citing or be obligated to recognize Tenant's payment of any Rent which is paid to Landlord more than thirty (30) days in advance of its due date. The above subordination and attornment clauses shall be self-operative and no further instruments of subordination or attornment need be required by any mortgagee, trustee, lessor, purchaser or assignee. In confirmation thereof, Tenant agrees that, upon the request of Landlord, or any such lessor, mortgagee, trustee, lessor, purchaser or assignee, Tenant shall execute and deliver whatever instruments may be required for such purposes and to carry out the intent of this Section 12.213.2.

SUBORDINATION, ATTORNMENT AND NOTICE. This Lease is subject and subordinate to (i) to each any lease of all or any portion of the Property wherein Landlord is the tenant and to the lien liens of each mortgage any and deed all mortgages and deeds of trust encumbering all or any portion of the Propertytrust, regardless of whether such lease, mortgage or deed of trust now exists or may hereafter be createdcreated with regard to all or any part of the Property, (ii) to any and all advances (including interest thereon) to be made under each any such lease, mortgage or deed of trust and (iii) to all modifications, consolidations, renewals, replacements and extensions of each any such lease, mortgage or deed of trust; provided . Tenant also agrees that the foregoing subordination any lessor, mortgagee or trustee may elect (which election shall be revocable) to have this Lease superior to any lease or lien of its mortgage or deed of trust placed on and, in the Property after the date hereof shall not become effective until and unless the holder event of such election and upon notification by such lessor, mortgagee or trustee to Tenant to that effect, this Lease shall be deemed superior to the said lease, mortgage or deed of trust delivers to Tenant a commercially reasonable non-disturbance agreement with reference to trust, whether this Lease (which may include Tenant’s agreement is dated prior to attorn as set forth below) permitting Tenantor subsequent to the date of said lease, if Tenant is not then in default under any provision of, this Lease, to remain in occupancy of the Premises in the event of a foreclosure of any such mortgage or deed of trust. Tenant shall, in the event of the sale or assignment of Landlord’s interest in the PremisesPremises (except in a sale-leaseback financing transaction), or in the event of the termination of any lease in a sale-leaseback financing transaction wherein Landlord is the lessee, attorn to and recognize such purchaser, assignee or lessor mortgagee as Landlord under this Lease, so long as such agreements do not materially impair Tenant’s rights to possession and peaceful enjoyment of the premises in accordance with this Lease. Tenant shall, in the event of any proceedings brought for the foreclosure of, or in the event of the exercise of the power of sale under, any mortgage or deed of trust covering the Premises, attorn to and recognize the purchaser at foreclosure such sale, assignee or mortgagee, as the case may be, as Landlord under this Lease. The above subordination and attornment clauses shall be self-operative and no further instruments of subordination or attornment need be required by any mortgagee, trustee, lessor, purchaser or assignee. In confirmation thereof, Tenant agrees that, upon the request of Landlord, or any such lessor, mortgagee, trustee, lessor, purchaser or assignee, Tenant shall execute and deliver whatever any reasonable instruments as may be required for such purposes and to carry out the intent of this Section 12.2.

SUBORDINATION, ATTORNMENT AND NOTICE. This Lease is subject and subordinate (i) to each any lease of all or any portion of the Property wherein Landlord is the tenant and to the lien liens of each mortgage any and deed all mortgages or deeds of trust encumbering all or any portion of the Propertytrust, regardless of whether such lease, mortgage mortgages or deed deeds of trust now exists exist or may hereafter be createdcreated with regard to all or any part of the Property, (ii) and to any and all advances (including interest thereon) to be made under each such leasethereunder, mortgage or deed of trust and (iii) to the interest thereon, and all modifications, consolidations, renewals, replacements and extensions thereof. Tenant also agrees that any lessor, mortgagee or trustee may elect (which election shall be revocable) to have this Lease superior to any lease or lien of each its mortgage or deed of trust, and in the event of such election and upon notification by such lessor, mortgagee or trustee to that effect, this Lease shall be deemed superior to the said lease, mortgage or deed of trust; provided that the foregoing subordination , whether this Lease is dated prior to any mortgage or deed of trust placed on the Property after subsequent to the date hereof shall not become effective until and unless the holder of such mortgage or deed of trust delivers to Tenant a commercially reasonable non-disturbance agreement with reference to this Lease (which may include Tenant’s agreement to attorn as set forth below) permitting Tenantsaid lease, if Tenant is not then in default under any provision of, this Lease, to remain in occupancy of the Premises in the event of a foreclosure of any such mortgage or deed of trust. Tenant shall, in the event of the sale or assignment of Landlord’s 's interest in the PremisesPremises (except in a sale-leaseback financing transaction), or in the event of a termination of any lease in a sale-leaseback financing transaction wherein Landlord is the lessee, attorn to and recognize such purchaser, assignee or lessor mortgagee as Landlord under this Lease, so long as such agreements do not materially impair Tenant’s rights to possession and peaceful enjoyment of the premises in accordance with this Lease. Tenant shall, in the event of any proceedings brought for the foreclosure of, or in the event of the exercise of the power of sale under, any mortgage or deed of trust covering the Premises, attorn to and recognize the purchaser at foreclosure such sale, assignee, or mortgagee, as the case may be, as Landlord under this Lease. Tenant shall not seek to enforce any remedy it may have for any default on the part of Landlord without giving written notice specifying the default in reasonable detail to any lessor, mortgagee or trustee whose address has been delivered to Tenant, and affording such lessor, mortgagee or trustee a reasonable opportunity to perform and/or cure Landlord's default. Tenant further agrees that any lessor, mortgagee, trustee or purchaser at foreclosure shall not be liable for any acts of Landlord, shall not be liable for the Security Deposit if not actually received by any such party, be bound by any amendment of this Lease to which it did not consent in writing or be obligated to recognize Tenant's payment of any Rent which is paid to Landlord more than thirty (30) days in advance of its due date. The above subordination and attornment clauses shall be self-operative and no further instruments of subordination or attornment need be required by any mortgagee, trustee, lessor, purchaser or assignee. In confirmation thereof, Tenant agrees that, upon the request of Landlord, or any such lessor, mortgagee, trustee, lessor, purchaser or assignee, Tenant shall execute and deliver whatever instruments may be required for such purposes and to carry out the intent of this Section 12.213.2. Notwithstanding the foregoing, Tenant's agreement to Subordinate and/or attorn is expressly conditioned on any such mortgagee agreement not to disturb this Lease provided Tenant's not in default.

SUBORDINATION, ATTORNMENT AND NOTICE. This Lease is subject and subordinate to (ia) to each any lease of all or any portion of the Property wherein Landlord is the tenant and to the lien liens of each mortgage any and deed all mortgages and deeds of trust encumbering all or any portion of the Propertytrust, regardless of whether such lease, mortgage or deed of trust now exists or may hereafter be createdcreated with regard to all or any part of the Property, (iib) to any and all advances (including interest thereon) to be made under each any such lease, mortgage or deed of trust trust, and (iiic) to all modifications, consolidations, renewals, replacements and extensions of each any such lease, mortgage or deed of trust; provided that the foregoing subordination to in respect of any mortgage or deed of trust placed on the Property after the date hereof shall not become effective until and unless the holder of such mortgage or deed of trust delivers to Tenant a commercially reasonable non-disturbance agreement with reference to this Lease on the form customarily used by such holder (which may include Tenant’s agreement to attorn as set forth below) permitting Tenant, if Tenant is not then in default under under, or in breach of any provision of, this Lease, to remain in occupancy of the Premises in the event of a foreclosure of any such mortgage or deed of trust. Tenant also agrees that any lessor, mortgagee or trustee may elect (which election shall be revocable) to have this Lease superior to any lease or lien of its mortgage or deed of trust and, in the event of such election and upon notification by such lessor, mortgagee or trustee to Tenant to that effect, this Lease shall be deemed superior to the said lease, mortgage or deed of trust, whether this Lease is dated prior to or subsequent to the date of said lease, mortgage or deed of trust. Tenant shall, in the event of the sale or assignment of Landlord’s interest in the PremisesPremises (except in a sale-leaseback financing transaction), or in the event of the termination of any lease in a sale-leaseback financing transaction wherein Landlord is the lessee, attorn to and recognize such purchaser, assignee or lessor mortgagee as Landlord under this Lease, so long as such agreements do not materially impair Tenant’s rights to possession and peaceful enjoyment of the premises in accordance with this Lease. Tenant shall, in the event of any proceedings brought for the foreclosure of, or in the event of the exercise of the power of sale under, any mortgage or deed of trust covering the Premises, attorn to and recognize the purchaser at foreclosure such sale, assignee or mortgagee, as the case may be, as Landlord under this Lease. The above subordination and attornment clauses shall be self-operative and no further instruments of subordination or attornment need be required by any mortgagee, trustee, lessor, purchaser or assignee. In confirmation thereof, Tenant agrees that, upon the request of Landlord, or any such lessor, mortgagee, trustee, lessor, purchaser or assignee, Tenant shall execute and deliver whatever instruments may be required for such purposes and to carry out the intent of this Section 12.2.

SUBORDINATION, ATTORNMENT AND NOTICE. This Provided Landlord has provided Tenant with a reasonably acceptable subordination, non-disturbance and attornment agreement executed by Lender, this Lease is subject and subordinate to (i) to each any lease of all or any portion of the Property wherein Landlord is the tenant and to the lien liens of each mortgage any and deed all mortgages and deeds of trust encumbering all or any portion of the Propertytrust, regardless of whether such lease, mortgage or deed of trust now exists or may hereafter be createdcreated with regard to all or any part of the Building, (ii) to any and all advances (including interest thereon) to be made under each any such lease, mortgage or deed of trust and (iii) to all modifications, consolidations, renewals, replacements and extensions of each any such lease, mortgage or deed of trust; provided that the foregoing subordination to in respect of any mortgage or deed of trust placed on the Property Building after the date hereof shall not become effective until and unless the holder of such mortgage or deed of trust delivers to Tenant a commercially reasonable non-disturbance agreement with reference to this Lease (which may include Tenant’s 's agreement to attorn as set forth below) permitting Tenant, if Tenant is not then in default under under, or in breach of any provision of, this Lease, to remain in occupancy of the Premises in the event of a foreclosure of any such mortgage or deed of trust. Tenant also agrees that any lessor, mortgagee or trustee may elect (which election shall be revocable) to have this Lease superior to any lease or lien of its mortgage or deed of trust and, in the event of such election and upon notification by such lessor, mortgagee or trustee to Tenant to that effect, this Lease shall be deemed superior to the said lease, mortgage or deed of trust, whether this Lease is dated prior to or subsequent to the date of said lease, mortgage or deed of trust. Tenant shall, in the event of the sale or assignment of Landlord’s 's interest in the PremisesPremises (except in a sale-leaseback financing transaction), or in the event of the termination of any lease in a sale-leaseback financing transaction wherein Landlord is the lessee, attorn to and recognize such purchaser, assignee or lessor mortgagee as Landlord under this Lease, so long as such agreements do not materially impair Tenant’s rights to possession and peaceful enjoyment of the premises in accordance with this Lease. Tenant shall, in the event of any proceedings brought for the foreclosure of, or in the event of the exercise of the power of sale under, any mortgage or deed of trust covering the Premises, attorn to and recognize the purchaser at foreclosure such sale, assignee or mortgagee, as the case may be, as Landlord under this Lease. The above subordination and attornment clauses shall be self-operative and no further instruments of subordination or attornment need be required by any mortgagee, trustee, lessor, purchaser or assignee. In confirmation thereof, Tenant agrees that, upon the request of Landlord, or any such lessor, mortgagee, trustee, lessor, purchaser or assignee, Tenant shall execute and deliver whatever instruments may be required for such purposes and to carry out the intent of this Section 12.2.

SUBORDINATION, ATTORNMENT AND NOTICE. This Lease is subject and subordinate to (i) to each any lease of all now or any portion of the Property hereafter existing wherein Landlord is the tenant (each such lease, a "GROUND LEASE") and to the lien liens of any and all now or hereafter existing mortgages and deeds of trust affecting the Property or any portion thereof (each such mortgage and deed of trust encumbering all or any portion of the Propertytrust, regardless of whether such lease, mortgage or deed of trust now exists or may hereafter be createda "MORTGAGE"), (ii) to any and all advances (including interest thereon) to be made under each any such lease, mortgage Ground Lease or deed of trust Mortgage and (iii) to all modifications, consolidations, renewals, replacements and extensions of each any such lease, mortgage Ground Lease or deed of trustMortgage; provided that the foregoing subordination is conditioned upon and subject to the lessor under any mortgage or deed of trust placed on the Property after the date hereof shall not become effective until such Ground Lease and unless the holder of any such mortgage or deed of trust delivers Mortgage delivering to and entering into with Tenant a commercially reasonable non-disturbance agreement with reference (each a "NON-DISTURBANCE AGREEMENT"). Tenant also agrees that any lessor under a Ground Lease and any mortgagee or trustee under a Mortgage may elect (which election shall be revocable) to have this Lease (which may include Tenant’s agreement superior to attorn any Ground Lease or lien of its Mortgage, as set forth below) permitting Tenantapplicable, if Tenant is not then in default under any provision ofand, this Lease, to remain in occupancy of the Premises in the event of a foreclosure such election and upon notification by such lessor, mortgagee or trustee to Tenant to that effect, this Lease shall be deemed superior to the said Ground Lease or Mortgage, as applicable, whether this Lease is dated prior to or subsequent to the date of any such mortgage said Ground Lease or deed of trustMortgage. Tenant shall, in the event of the sale or assignment of Landlord’s 's interest in the PremisesPremises (except in a sale-leaseback financing transaction), or in the event of the termination of any Ground Lease, attorn to and recognize such purchaser, assignee assignee, mortgagee or lessor lessor, as applicable, as Landlord under this Lease, so long as provided that the lessor under such agreements do not materially impair Tenant’s rights Ground Lease or the holder of any such Mortgage has delivered to possession and peaceful enjoyment of the premises in accordance entered into with this LeaseTenant a Non-Disturbance Agreement. Tenant shall, in the event of a termination of a Ground Lease or any proceedings brought for the foreclosure of, or in the event of the exercise of the power of sale under, any mortgage or deed of trust covering the Premises, attorn to and recognize the lessor under such Ground Lease or the purchaser at foreclosure such sale, assignee or mortgagee, as the case may be, as Landlord under this Lease, provided that the lessor under such Ground Lease or the holder of any such mortgage or deed of trust has delivered to and entered into with Tenant a Non-Disturbance Agreement. The Provided a Non-Disturbance Agreement has been entered into by the parties, the above subordination and attornment clauses shall be self-operative and no further instruments of subordination or attornment need be required by any mortgagee, trustee, lessor, purchaser or assignee. In confirmation thereof, Tenant agrees that, upon the request of Landlord, or any such lessor, mortgagee, trustee, lessor, purchaser or assignee, Tenant shall execute and deliver whatever instruments may be required for such purposes a subordination and attornment agreement in form reasonably satisfactory to carry out the intent of this Section 12.2Tenant.

SUBORDINATION, ATTORNMENT AND NOTICE. This Lease is subject and subordinate (i) to each lease of all or any portion of the Property wherein Landlord is the tenant and to the lien of each mortgage and deed of trust encumbering all or any portion of the Property, regardless of whether such lease, mortgage or deed of trust now exists or may hereafter be created, (ii) to any and all advances (including interest thereon) to be made under each such lease, mortgage or deed of trust and (iii) to all modifications, consolidations, renewals, replacements and extensions of each such lease, mortgage or deed of trust; provided that the foregoing subordination to any mortgage or deed of trust impacting the Property, whether such mortgage or deed of trust is placed on the Property before or after the date hereof Effective Date, shall not become effective until and unless the holder of such mortgage or deed of trust delivers to Tenant a commercially reasonable non-disturbance agreement with reference to this Lease (which may include Tenant’s Xxxxxx's agreement to attorn as set forth below) permitting Tenant, if Tenant is not then in default under any provision ofunder, this Lease, to remain in occupancy of the Premises in the event of a foreclosure of any such mortgage or deed of trust. Xxxxxx also agrees that any Landlord, mortgagee (whether under a mortgage or deed of trust) or trustee may elect (which election shall be revocable) (collectively, “Landlord’s Mortgagee”) to have this Lease superior to any lease or lien of its mortgage or deed of trust and, in the event of such election and upon notification by such Landlord, mortgagee or trustee to that effect, this Lease shall be deemed superior to such lease, mortgage or deed of trust, whether this Lease is dated prior to or subsequent to the date of such lease, mortgage or deed of trust. Tenant shall, in the event of the sale or assignment of Landlord’s 's interest in the PremisesPremises (except in a sale-leaseback financing transaction), or in the event of the termination of any lease in a sale-leaseback financing transaction wherein Landlord is the Tenant attorn to and recognize such purchaser, assignee or lessor Landlord as Landlord under this Lease, so long as such agreements do not materially impair Tenant’s rights to possession and peaceful enjoyment of the premises in accordance with this Lease. Tenant shall, in the event of any proceedings brought for the foreclosure of, or in the event of the exercise of the power of sale under, any mortgage or deed of trust covering the Premises, attorn to and recognize the purchaser at foreclosure as Landlord under this Lease. The above subordination and attornment clauses shall be self-operative and no further instruments of subordination or attornment need be required by any mortgagee, trustee, lessor, Landlord purchaser or assignee. In confirmation thereof, Tenant Xxxxxx agrees that, upon the request of LandlordXxxxxxxx, or any such mortgagee, trustee, lessorLandlord, purchaser or assignee, Tenant shall execute and deliver whatever instruments may be required for such purposes and to carry out the intent of this Section 12.2. Tenant shall not seek to enforce any remedy it may have for any default on the part of Landlord without first giving written notice by certified mail, return receipt requested, specifying the default in reasonable detail, to any Landlord’s Mortgagee whose address has been given to Tenant, and affording such Landlord’s Mortgagee a reasonable opportunity to perform Landlord’s obligations hereunder. If Landlord’s Mortgagee shall succeed to the interest of Landlord under this Lease, Landlord’s Mortgagee shall not be: (a) liable for any act or omission of any prior Landlord (including Landlord); (b) bound by any rent or additional rent or advance rent which Tenant might have paid for more than the current month to any prior Landlord (including Landlord), and all such rent shall remain due and owing, notwithstanding such advance payment; (c) bound by any security or advance rental deposit made by Tenant which is not delivered or paid over to Landlord’s Mortgagee and with respect to which Tenant shall look solely to Landlord for refund or reimbursement; (d) bound by any termination, amendment or modification of this Lease made without Landlord’s Mortgagee’s consent and written approval, except for those terminations (except Tenant’s express termination rights herein), amendments and modifications permitted to be made by Landlord without Landlord’s Mortgagee’s consent pursuant to the terms of the loan documents between Landlord and Landlord’s Mortgagee; (e) subject to the defenses which Tenant might have against any prior Landlord (including Landlord); and (f) subject to the offsets which Tenant might have against any prior Landlord (including Landlord) except for those offset rights which are expressly provided in this Lease, relate to periods of time following the acquisition of the Building by Landlord’s Mortgagee, and Xxxxxx has provided written notice to Landlord’s Mortgagee and provided Landlord’s Mortgagee a reasonable opportunity to cure the event giving rise to such offset event. Landlord’s Mortgagee shall have no liability or responsibility under or pursuant to the terms of this Lease or otherwise after it ceases to own an interest in the Project. Nothing in this Lease shall be construed to require Landlord’s Mortgagee to see to the application of the proceeds of any loan, and Tenant’s agreements set forth herein shall not be impaired on account of any modification of the documents evidencing and securing any loan.

SUBORDINATION, ATTORNMENT AND NOTICE. This Lease is subject and subordinate to (i) to each any lease of all or any portion of the Property wherein Landlord is the tenant and to the lien liens of each mortgage any and deed all mortgages and deeds of trust encumbering all or any portion of the Propertytrust, regardless of whether such lease, mortgage or deed of trust now exists or may hereafter be createdcreated with regard to all or any part of the Property, (ii) to any and all advances (including interest thereon) to be made under each any such lease, mortgage or deed of trust and (iii) to all modifications, consolidations, renewals, replacements and extensions of each any such lease, mortgage or deed of trust; provided that the foregoing subordination to in respect of any mortgage or deed of trust placed on the Property after the date hereof shall not become effective until and unless the holder of such mortgage or deed of trust delivers to Tenant a commercially reasonable non-disturbance agreement with reference to this Lease (which may include Tenant’s 's agreement to attorn as set forth below) permitting Tenant, if Tenant is not then in default under under, or in breach of any provision of, this Lease, to remain in occupancy of the Premises in the event of a foreclosure of any such mortgage or deed of trust. Tenant also agrees that any lessor, mortgagee or trustee may elect (which election shall be revocable) to have this Lease superior to any lease or lien of its mortgage or deed of trust and, in the event of such election and upon notification by such lessor, mortgagee or trustee to Tenant to that effect, this Lease shall be deemed superior to the said lease, mortgage or deed of trust, whether this Lease is dated prior to or subsequent to the date of said lease, mortgage or deed of trust. Tenant shall, in the event of the sale or assignment of Landlord’s 's interest in the PremisesPremises (except in a sale-leaseback financing transaction), or in the event of the termination of any lease in a sale-leaseback financing transaction wherein Landlord is the lessee, attorn to and recognize such purchaser, assignee or lessor mortgagee as Landlord under this Lease, so long as such agreements do not materially impair Tenant’s rights to possession and peaceful enjoyment provided that any purchaser or assignee assumes the obligations of the premises Landlord under this Lease in accordance writing, or any mortgagee provides Tenant with this Leasea nondisturbance agreement. Tenant shall, in the event of any proceedings brought for the foreclosure of, or in the event of the exercise of the power of sale under, any mortgage or deed of trust covering the Premises, attorn to and recognize the purchaser at foreclosure such sale, assignee or mortgagee, as the case may be, as Landlord under this Lease, PROVIDED THAT TENANT HAS received a nondisturbance agreement. The 'Me above subordination and attornment clauses shall be self-operative and no further instruments of subordination or attornment need be required by any mortgagee, trustee, lessor, purchaser or assignee. In confirmation thereof, Tenant agrees that, upon the request of Landlord, or any such lessor, mortgagee, trustee, lessor, purchaser or assignee, Tenant shall execute and deliver whatever instruments may be reasonably required for such purposes and to carry out the intent of this Section 12.2.

SUBORDINATION, ATTORNMENT AND NOTICE. This Lease is subject and subordinate (i) to each lease of all or any portion of the Property wherein Landlord is the tenant and to the lien of each mortgage and deed of trust encumbering all or any portion of the Property, regardless of whether such lease, mortgage or deed of trust now exists or may hereafter be created, (ii) to any and all advances (including interest thereon) to be made under each such lease, mortgage or deed of trust and (iii) to all modifications, consolidations, renewals, replacements and extensions of each such lease, mortgage or deed of trust; provided that the foregoing subordination to any mortgage or deed of trust placed on the Property after the date hereof shall not become effective until and unless the holder of such mortgage or deed of trust delivers to Tenant a commercially reasonable non-disturbance agreement with reference to this Lease (which may include Tenant’s 's agreement to attorn as set forth below) permitting Tenant, if Tenant is not then in material default under any provision of, this Lease, to remain in occupancy of the Premises in the event of a foreclosure of any such mortgage or deed of trust. Tenant shall, in the event of the sale or assignment of Landlord’s 's interest in the Premises, attorn to and recognize such purchaser, assignee or lessor as Landlord under this Lease, so long as such agreements do not materially impair Tenant’s rights to possession and peaceful enjoyment of the premises in accordance with this Lease. Tenant shall, in the event of any proceedings brought for the foreclosure of, or in the event of the exercise of the power of sale under, any mortgage or deed of trust covering the Premises, attorn to and recognize the purchaser at foreclosure as Landlord under this Lease. The above subordination and attornment clauses shall be self-operative and no further instruments of subordination or attornment need be required by any mortgagee, trustee, lessor, purchaser or assignee. In confirmation thereof, Tenant Xxxxxx agrees that, upon the request of LandlordXxxxxxxx, or any such mortgagee, trustee, lessor, purchaser or assignee, Tenant shall execute and deliver whatever instruments may be required for such purposes and to carry out the intent of this Section 12.2.

SUBORDINATION, ATTORNMENT AND NOTICE. This Lease is subject and subordinate to (i) to each any lease of all or any portion of the Property wherein Landlord is the tenant and to the lien liens of each mortgage any and deed all mortgages and deeds of trust encumbering all or any portion of the Propertytrust, regardless of whether such lease, mortgage or deed of trust now exists or may hereafter be created, (created with regard to all or any part of the Property ;{ii) to any and all advances (including interest thereon) to be made under each any such lease, mortgage or deed of trust and (iii) to all modifications, consolidations, renewals, replacements and extensions of each any such lease, mortgage or deed of trust; provided that the foregoing subordination to in respect of any mortgage or deed of trust placed on the Property after the date hereof shall not become effective until and unless the holder of such mortgage mortgage: or deed of trust delivers to Tenant a commercially reasonable non-disturbance agreement with reference to this Lease (which may include Tenant’s 's agreement to attorn as set forth below) permitting Tenant, if Tenant is not then in default under under, or in breach of any provision of, this Lease, to remain in occupancy of the Premises in the event of a foreclosure of any such mortgage or deed of trust. Tenant also agrees that any lessor, mortgagee or trustee may elect (which election shall be revocable) to have this Lease superior to any lease or lien of its mortgage or deed of trust and, in the event of such election and upon notification by such lessor, mortgagee or trustee to Tenant to that effect, this Lease shall be deemed superior to the said lease, mortgage or deed of trust, whether this Lease is dated prior to or subsequent to the date of said lease, mortgage or deed of trust. Tenant shall, in the event of the sale or assignment of Landlord’s 's interest in the PremisesPremises (except in a sale-leaseback financing transaction), or in the event of the termination of any lease in a sale-leaseback financing transaction wherein Landlord is the lessee, attorn to and recognize such purchaser, assignee or lessor mortgagee as Landlord under this Lease, so long as such agreements do not materially impair Tenant’s rights to possession and peaceful enjoyment of the premises in accordance with this Lease. Tenant shall, in the event of any proceedings brought for the foreclosure of, or in the event of the exercise of the power of sale under, any mortgage or deed of trust covering the Premises, attorn to and recognize the purchaser at foreclosure such sale, assignee or mortgagee, as the case may be, as Landlord under this Lease. The above subordination and attornment adornment clauses shall be self-operative and no further instruments of subordination or attornment need be required by any mortgagee, trustee, lessor, purchaser or assignee. In confirmation thereof, Tenant agrees that, upon the request of Landlord, or any such lessor, mortgagee, trustee, lessor, purchaser or assignee, Tenant shall execute and deliver whatever instruments may be required for such purposes and to carry out the intent of this Section 12.2.

SUBORDINATION, ATTORNMENT AND NOTICE. This Lease is subject and subordinate to (i) to each any lease of all or any portion of the Property wherein Landlord is the tenant and to the lien liens of each mortgage any and deed all mortgages and deeds of trust encumbering all or any portion of the Propertytrust, regardless of whether such lease, mortgage or deed of trust now exists or may hereafter be createdcreated with regard to all or any part of the Property, (ii) to any and all advances (including interest thereon) to be made under each any such lease, mortgage or deed of trust and (iii) to all modifications, consolidations, renewals, replacements and extensions of each any such lease, mortgage or deed of trust; provided that the foregoing subordination to in respect of any mortgage or deed of trust placed on the Property after the date hereof shall not become effective until and unless the holder of such mortgage or deed of trust delivers to Tenant a commercially reasonable non-disturbance agreement with reference to this Lease (which may include Tenant’s 's agreement to attorn as set forth below) permitting Tenant, if Tenant is not then in default under under, or in breach of any provision of, this Lease, to remain in occupancy of the Premises in the event of a foreclosure of any such mortgage or deed of trust UPON THE TERMS AND CONDITIONS HEREIN CONTAINED. Tenant also agrees that any lessor, mortgagee or trustee may elect (which election shall be revocable) to have this Lease superior to any lease or lien of its mortgage or deed of trust and, in the event of such election and upon notification by such lessor, mortgagee or trustee to Tenant to that effect, this Lease shall be deemed superior to the said lease, mortgage or deed of trust, whether this Lease is dated prior to or subsequent to the date of said lease, mortgage or deed of trust. Subject to the foregoing, Tenant shall, in the event of the sale or assignment of Landlord’s 's interest in the PremisesPremises (except in a sale-leaseback financing transaction), or in the event of the termination of any lease in a sale-leaseback financing transaction wherein Landlord is the lessee, attorn to and recognize such purchaser, assignee or lessor mortgagee as Landlord under this Lease, so long as such agreements do not materially impair Tenant’s rights to possession and peaceful enjoyment of the premises in accordance with this Lease. Tenant shall, in the event of any proceedings brought for the foreclosure of, or in the event of the exercise of the power of sale under, any mortgage or deed of trust covering the Premises, attorn to and recognize the purchaser at foreclosure such sale, assignee or mortgagee, as the case may be, as Landlord under this Lease. The above subordination and attornment clauses shall be self-operative (subject to the proviso herein contained) and no further instruments of subordination or attornment need be required by any mortgagee, trustee, lessor, purchaser or assignee. In confirmation thereof, Tenant agrees that, upon the request of Landlord, or any such lessor, mortgagee, trustee, lessor, purchaser or assignee, Tenant shall execute and deliver whatever instruments may be required for such purposes and to carry out the intent of this Section 12.2. LANDLORD ACKNOWLEDGES TO TENANT, THAT AS OF THE DATE OF THIS LEASE AND AS OF THE COMMENCEMENT DATE, THE PROPERTY, OR ANY PART THEREOF, SHALL BE SUBJECT TO NO GROUND LEASE, MORTGAGE, OR DEED OF TRUST.

SUBORDINATION, ATTORNMENT AND NOTICE. This Lease is subject and subordinate (i) to each any lease of all or any portion of the Property wherein Landlord is the tenant and to the lien liens of each mortgage any and deed all mortgages or deeds of trust encumbering all or any portion of the Propertytrust, regardless of whether such lease, mortgage mortgages or deed deeds of trust now exists exist or may hereafter be createdcreated with regard to all or any part of the Property, (ii) and to any and all advances (including interest thereon) to be made under each such leasethereunder, mortgage or deed of trust and (iii) to the interest thereon, and all modifications, consolidations, renewals, replacements and extensions thereof. Tenant also agrees that any lessor, mortgagee or trustee may elect (which election shall be revocable) to have this Lease superior to any lease or lien of each its mortgage or deed of trust, and in the event of such election and upon notification by such lessor, mortgagee or trustee to that effect, this Lease shall be deemed superior to the said lease, mortgage or deed of trust; provided that the foregoing subordination , whether this Lease is dated prior to any mortgage or deed of trust placed on the Property after subsequent to the date hereof shall not become effective until and unless the holder of such mortgage or deed of trust delivers to Tenant a commercially reasonable non-disturbance agreement with reference to this Lease (which may include Tenant’s agreement to attorn as set forth below) permitting Tenantsaid lease, if Tenant is not then in default under any provision of, this Lease, to remain in occupancy of the Premises in the event of a foreclosure of any such mortgage or deed of trust. Tenant shall, in the event of the sale or assignment of Landlord’s 's interest in the PremisesPremises (except in a sale-leaseback financing transaction), or in the event of a termination of any lease in a sale-leaseback financing transaction wherein Landlord is the lessee, attorn to and recognize such purchaser, assignee or lessor mortgagee as Landlord under this Lease, so long as such agreements do not materially impair Tenant’s rights to possession and peaceful enjoyment of the premises in accordance with this Lease. Tenant shall, in the event of any proceedings brought for the foreclosure of, or in the event of the exercise of the power of sale under, any mortgage or deed of trust covering the Premises, attorn to and recognize the purchaser at foreclosure such sale, assignee, or mortgagee, as the case may be, as Landlord under this Lease. Tenant shall not seek to enforce any remedy it may have for any default on the part of Landlord without giving written notice specifying the default in reasonable detail to any lessor, mortgagee or trustee whose address has been delivered to Tenant, and affording such lessor, mortgagee or trustee a reasonable opportunity to perform and/or cure Landlord's default. Tenant further agrees that any lessor, mortgagee, trustee or purchaser at foreclosure shall not be liable for any acts of Landlord, shall not be liable for the Security Deposit if not actually received by any such party, be bound by any amendment of this Lease to which it did not consent in writing or be obligated to recognize Tenant's payment of any Rent which is paid to Landlord more than thirty (30) days in advance of its due date. The above subordination and attornment clauses shall be self-operative and no further instruments of subordination or attornment need be required by any mortgagee, trustee, lessor, purchaser or assignee. In confirmation thereof, Tenant agrees that, upon the request of Landlord, or any such lessor, mortgagee, trustee, lessor, purchaser or assignee, Tenant shall execute and deliver whatever instruments may be required for such purposes and to carry out the intent of this Section 12.213.2.

SUBORDINATION, ATTORNMENT AND NOTICE. This Lease is subject and subordinate to (i) to each any lease of all or any portion of the Property wherein Landlord is the tenant and to the lien liens of each mortgage any and deed all mortgages and deeds of trust encumbering all or any portion of the Propertytrust, regardless of whether such lease, mortgage or deed of trust now exists or may hereafter be createdcreated with regard to all or any part of the Property, (ii) to any and all advances (including interest thereon) to be made under each any such lease, mortgage or deed of trust and (iii) to all modifications, consolidations, renewals, replacements and extensions of each any such lease, mortgage or deed of trust; provided . Tenant also agrees that the foregoing subordination any lessor, mortgagee or trustee may elect (which election shall be revocable) to have this Lease superior to any lease or lien of its mortgage or deed of trust placed on and, in the Property after the date hereof shall not become effective until and unless the holder event of such election and upon notification by such lessor, mortgagee or trustee to Tenant to that effect, this Lease shall be deemed superior to the said lease, mortgage or deed of trust delivers to Tenant a commercially reasonable non-disturbance agreement with reference to trust, whether this Lease (which may include Tenant’s agreement is dated prior to attorn as set forth below) permitting Tenantor subsequent to the date of said lease, if Tenant is not then in default under any provision of, this Lease, to remain in occupancy of the Premises in the event of a foreclosure of any such mortgage or deed of trust. Tenant shall, in the event of the sale or assignment of Landlord’s 's interest in the PremisesPremises (except in a sale-leaseback financing transaction), or in the event of the termination of any lease in a sale-leaseback financing transaction wherein Landlord is the lessee, attorn to and recognize such purchaser, assignee or lessor mortgagee as Landlord under this Lease, so long as such agreements do not materially impair Tenant’s rights to possession and peaceful enjoyment of the premises in accordance with this Lease. Tenant shall, in the event of any proceedings brought for the foreclosure of, or in the event of the exercise of the power of sale under, any mortgage or deed of trust covering the Premises, attorn to and recognize the purchaser at foreclosure such sale, assignee or mortgagee, as the case may be, as Landlord under this Lease. The above subordination and attornment clauses shall be self-operative and no further instruments of subordination or attornment need be required by any mortgagee, trustee, lessor, purchaser or assignee. In confirmation thereof, Tenant agrees that, upon the request of Landlord, or any such lessor, mortgagee, trustee, lessor, purchaser or assignee, Tenant shall execute and deliver whatever instruments may be required for such purposes and to carry out the intent of this Section 12.2. If an Affiliate of Landlord shall be the mortgagee, then it shall be an express condition precedent to the effectiveness of the agreement to subordinate set forth in this Section 12.2 that Landlord obtain from Landlord's mortgagee an agreement, on mortgagee's standard form, that, notwithstanding any foreclosure by Landlord's mortgagee's, or deed, or other conveyance in lieu of foreclosure with respect thereto, Tenant's leasehold estate created hereunder and Tenant's other options and rights arising out of this Lease should not be disturbed or affected so long as no default by Tenant exists under the terms of this Lease (after notice and opportunity to cure as provided herein).

SUBORDINATION, ATTORNMENT AND NOTICE. This Lease is subject and subordinate (i) to each any lease of all or any portion of the Property wherein Landlord is the tenant and to the lien liens of each mortgage any and deed all mortgages or deeds of trust encumbering all or any portion of the Propertytrust, regardless of whether such lease, mortgage mortgages or deed deeds of trust now exists exist or may hereafter hereinafter be createdcreated with regard to all and any part of the Property, (ii) and to any and all advances (including interest thereon) to be made under each such leasethereunder, mortgage or deed of trust and (iii) to the interest thereon, and all modificationsmodification, consolidations, renewals, replacements and extensions thereof. Tenant also agrees that any lessor, mortgage or trustee may elect (which election shall be revocable) to have this Lease superior to any lease or lien of each its mortgage or deed of trust, and in the event of such election and upon notification by such lessor, mortgagee or trustee to that effect, this Lease shall be deemed superior to the said lease, mortgage or deed of trust; provided that the foregoing subordination , whether this Lease is dated prior to any mortgage or deed of trust placed on the Property after subsequent to the date hereof shall not become effective until and unless the holder of such mortgage or deed of trust delivers to Tenant a commercially reasonable non-disturbance agreement with reference to this Lease (which may include Tenant’s agreement to attorn as set forth below) permitting Tenantsaid lease, if Tenant is not then in default under any provision of, this Lease, to remain in occupancy of the Premises in the event of a foreclosure of any such mortgage or deed of trust. Tenant shall, in the event of the sale or assignment of Landlord’s interest in the PremisesPremises (except in a sale-leaseback financing transaction), or in the event of a termination of any lease in a sale-leaseback transaction wherein Landlord is the lessee, attorn to and recognize such purchaser, assignee or lessor mortgagee as Landlord under this Lease, so long as such agreements do not materially impair Tenant’s rights to possession and peaceful enjoyment of the premises in accordance with this Lease. Tenant shall, in the event of any proceedings brought for the foreclosure of, or in the event of the exercise of the power of sale under, any mortgage or deed of trust covering the Premises, attorn to and recognize the purchaser at foreclosure such sale, assignee, or mortgagee, as the case may be, as Landlord under this Lease. Tenant shall not seek to enforce any remedy it may have for any default on the part of Landlord without giving written notice specifying the default in reasonable detail to any lessor, mortgagee or trustee whose address has been delivered to Tenant, and affording such lessor, mortgagee or trustee a reasonable opportunity to perform and/or cure Landlord’s default. Tenant further agrees that any lessor, mortgagee, trustee or purchaser at foreclosure shall not be liable for any acts of Landlord, shall not be liable for the Security Deposit if not actually received by any such party, be bound by any amendments of this Lease which it did not consent to in writing or be obligated to recognize Tenant’s payment of any Rent which is paid to Landlord more than thirty (30) days in advance of its due date. The above subordination and attornment clauses shall be self-operative and no further instruments of subordination or attornment need be required by any mortgageemortgages, trustee, lessor, purchaser or assignee. In confirmation thereof, Tenant agrees that, upon the request of Landlord, or any such lessor, COMMERCIAL LEASE AGREEMENT 20 mortgagee, trustee, lessor, purchaser or assignee, Tenant shall execute and deliver whatever instruments may be required for such purposes and to carry out the intent of this Section 12.213.2.

SUBORDINATION, ATTORNMENT AND NOTICE. This Lease is subject and subordinate to (i) to each any lease of all or any portion of the Property wherein Landlord is the tenant and to the lien liens of each mortgage any and deed all mortgage(s), deed(s) of trust encumbering all or any portion of the Propertyother lien(s), regardless of whether such lease, mortgage or deed mortgage(s), deed(s) of trust or other lien(s) now exists exist or may hereafter be createdcreated with regard to all or any part of the Premises, the Building or the Property, (ii) to any and all advances (including interest thereon) to be made under each any such lease, mortgage or deed mortgage(s), deed(s) of trust or other lien(s) and (iii) to all modifications, consolidations, renewals, replacements and extensions of each any such lease, mortgage mortgage(s), deed(s) of trust or deed of trustother lien(s); provided that the foregoing subordination to in respect of any mortgage lease wherein Landlord is named as tenant made after the date hereof, or any mortgage, deed of trust or other lien placed on the Property after the date hereof shall not become effective until and unless the holder of such mortgage or deed of trust same delivers to Tenant a commercially reasonable non-disturbance agreement with reference substantially in the form attached hereto as Exhibit G (or in a form otherwise reasonably acceptable to this Lease (Tenant, which may include Tenant’s agreement to attorn as set forth belowattorn). Tenant also agrees that any lessor, mortgagee or trustee may elect (which election shall be revocable) permitting Tenantto have this Lease superior to any lease or lien of its mortgage or deed of trust and, if Tenant is not then in default under any provision of, this Lease, to remain in occupancy of the Premises in the event of a foreclosure such election and upon notification by such lessor, mortgagee or trustee to Tenant to that effect, this Lease shall be deemed superior to the said lease, mortgage or deed of any such trust, whether this Lease is dated prior to or subsequent to the date of said lease, mortgage or deed of trust. Tenant shall, in the event of the sale or assignment of Landlord’s interest in the PremisesPremises (except in a sale-leaseback financing transaction), or in the event of the termination of any lease in a sale-leaseback financing transaction wherein Landlord is the lessee, attorn to and recognize such purchaser, assignee or lessor mortgagee as Landlord under this Lease, so long as such agreements do not materially impair Tenant’s rights to possession and peaceful enjoyment of the premises in accordance with this Lease. Tenant shall, in the event of any proceedings brought for the foreclosure of, or in the event of the exercise of the power of sale under, any mortgage or deed of trust covering the Premises, attorn to and recognize the purchaser at foreclosure such sale, assignee or mortgagee, as the case may be, as Landlord under this Lease. The above subordination and attornment clauses shall be self-operative and no further instruments of subordination or attornment need be required by any mortgagee, trustee, lessor, purchaser or assignee. In confirmation thereof, Tenant agrees that, upon the request of Landlord, or any such lessor, mortgagee, trustee, lessor, purchaser or assignee, Tenant shall execute and deliver whatever instruments may be required for such purposes and to carry out the intent of this Section 12.2.12.2 provided same contain provisions reasonably acceptable to Tenant. Landlord represents that the only mortgage or deed of trust currently affecting the Building or the parcel of the Land upon which the Building is constructed is a deed of trust with Xxxxx Fargo Bank, N.A., Trustee for the Holders of Wachovia Commercial Mortgage Securities, Inc., Commercial Mortgage Pass-Through Certificates, Series 2006-C29 (the “Existing Mortgagee”). Tenant acknowledges its receipt of a fully executed subordination, non-disturbance and attornment agreement substantially in the form attached hereto as Exhibit G from the Existing Mortgagee. Tenant shall promptly reimburse Landlord for any costs exceeding $1500 charged by the Existing Mortgagee or its counsel in connection with obtaining such subordination, non-disturbance and attornment agreement. Renaissance Tower/ Priority Fulfillment Services, Inc.

SUBORDINATION, ATTORNMENT AND NOTICE. This Lease is subject and subordinate to (i) to each any lease of all or any portion of the Property wherein Landlord is the tenant and to the lien liens of each mortgage any and deed all mortgages and deeds of trust encumbering all or any portion of the Propertytrust, regardless of whether such lease, mortgage or deed of trust now exists or may hereafter be createdcreated with regard to all or any part of the Property, (ii) to any and all advances (including interest thereon) to be made under each any such lease, mortgage or deed of trust and (iii) to all modifications, consolidations, renewals, replacements and extensions of each any such lease, mortgage or deed of trust; provided that the foregoing subordination to in respect of any mortgage or deed of trust placed on the Property after the date hereof shall not become effective until and unless the holder of such mortgage or deed of trust delivers to Tenant a commercially reasonable non-disturbance agreement with reference to this Lease (which may include Tenant’s agreement to attorn as set forth below) permitting Tenant, if Tenant is not then in default under under, or in breach of any provision of, this LeaseLease (beyond the expiration of any applicable notice and cure period), to remain in occupancy of the Premises in the event of a foreclosure of any such mortgage or deed of trust without interruption of Tenant’s use of quiet enjoyment of the Premises. Tenant also agrees that any lessor, mortgagee or trustee may elect (which election shall be revocable) to have this Lease superior to any lease or lien of its mortgage or deed of trust and, in the event of such election and upon notification by such lessor, mortgagee or trustee to Tenant to that effect, this Lease shall be deemed superior to the said lease, mortgage or deed of trust, whether this Lease is dated prior to or subsequent to the date of said lease, mortgage or deed of trust. Tenant shall, in the event of the sale or assignment of Landlord’s interest in the PremisesPremises (except in a sale-leaseback financing transaction), or in the event of the termination of any lease in a sale-leaseback financing transaction wherein Landlord is the lessee, upon written notice thereof, attorn to and recognize such purchaser, assignee or lessor mortgagee as Landlord under this Lease, so long as provided such agreements do not materially impair Tenant’s rights to possession and peaceful enjoyment party assumes the obligations of the premises Landlord hereunder in accordance with this Leasewriting. Tenant shall, in the event of any proceedings brought for the foreclosure of, or in the event of the exercise of the power of sale under, any mortgage or deed of trust covering the Premises, attorn to and recognize the purchaser at foreclosure such sale, assignee or mortgagee, as the case may be, as Landlord under this Lease, provided such party assumes the obligations of Landlord hereunder. The above subordination and attornment clauses shall be self-operative and no further instruments of subordination or attornment need be required by any mortgagee, trustee, lessor, purchaser or assignee. In confirmation thereof, Tenant agrees that, upon the request of Landlord, or any such lessor, mortgagee, trustee, lessor, purchaser or assignee, Tenant shall execute and deliver whatever instruments may be reasonably required for such purposes and to carry out the intent of this Section 12.2.