Common use of SUBORDINATION, ATTORNMENT, ETC Clause in Contracts

SUBORDINATION, ATTORNMENT, ETC. ARTICLE 8 Property Loss, Etc. ARTICLE 9 Destruction-Fire or Other Casualty ARTICLE 10 Eminent Domain ARTICLE 11 Assignment and Subletting ARTICLE 12 Existing Conditions ARTICLE 13 Access to Demised Premises ARTICLE 14 Vault Space ARTICLE 15 Certificate of Occupancy ARTICLE 16 Default ARTICLE 17 Remedies ARTICLE 18 Damages ARTICLE 19 Fees and Expenses; Indemnity ARTICLE 20 Entire Agreement ARTICLE 21 End of Term ARTICLE 22 Quiet Enjoyment ARTICLE 23 Escalation ARTICLE 24 No Waiver ARTICLE 25 Mutual Waiver of Trial by Jury ARTICLE 26 Inability to Perform ARTICLE 27 Notices ARTICLE 28 Partnership Tenant ARTICLE 29 Utilities and Services ARTICLE 30 Table of Contents, Etc. ARTICLE 31 Miscellaneous Definitions, Severability and Interpretation Provisions ARTICLE 32 Adjacent Excavation ARTICLE 33 Building Rules ARTICLE 34 Broker ARTICLE 35 Security ARTICLE 36 Arbitration, Etc. ARTICLE 37 Parties Bound SCHEDULE A Building Rules EXHIBIT 1 Plan of Demised Premises EXHIBIT 2 Form of Letter of Credit LEASE dated as of the ___ day of June, 2006, between FIRST LEXINGTON CORPORATION, a New York corporation having its principal office at 000 Xxxx Xxxxxx, Xxxxxxx of Manhattan, City, County, and State of New York, 10154, as landlord (referred to as "Owner"), and BION ENVIRONMENTAL TECHNOLOGIES, INC., a _____________ corporation, having its principal office at 00 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx, as tenant (referred to as "Tenant").

SUBORDINATION, ATTORNMENT, ETC. ARTICLE 8 Property Loss, Etc. ARTICLE 9 Destruction-Fire or Other Casualty ARTICLE 10 Eminent Domain ARTICLE 11 Assignment and Subletting ARTICLE 12 Existing Conditions ARTICLE 13 Access to Demised Premises ARTICLE 14 Vault Space ARTICLE 15 Certificate of Occupancy ARTICLE 16 Default ARTICLE 17 Remedies ARTICLE 18 Damages ARTICLE 19 Fees and Expenses; Indemnity ARTICLE 20 Entire Agreement ARTICLE 21 End of Term ARTICLE 22 Quiet Enjoyment ARTICLE 23 Escalation ARTICLE 24 No Waiver ARTICLE 25 Mutual Waiver of Trial by Jury ARTICLE 26 Inability to Perform ARTICLE 27 Notices ARTICLE 28 Partnership Tenant ARTICLE 29 Utilities and Services ARTICLE 30 Table of Contents, Etc. ARTICLE 31 Miscellaneous Definitions, Severability and Interpretation Provisions ARTICLE 32 Adjacent Excavation ARTICLE 33 Building Rules ARTICLE 34 Security ARTICLE 35 Broker ARTICLE 35 Security 36 Intentionally Deleted ARTICLE 36 37 Arbitration, Etc. ARTICLE 37 38 Parties Bound ARTICLE 39 Rights For Additional Option Spaces ARTICLE 40 Renewal Option ARTICLE 41 Tenant's Initial Installation and owner's Work Contribution ARTICLE 42 First Additional Space ARTICLE 43 Second Additional Space ARTICLE 44 Third Additional Space ARTICLE 45 Fourth Additional Space SCHEDULE A Building Rules -i- 3 TABLE OF CONTENTS (CONTINUED) EXHIBIT 1 Floor Plan of Demised Premises Portion Fortieth (40th) Floor EXHIBIT 2 Floor Plan of Portion Thirtieth (30th) Floor EXHIBIT 3 Floor Plan of Portion Forty-First (41st) Floor EXHIBIT 4 Form of Letter Assignment and Assumption of Credit LEASE dated as of the ___ day of June, 2006, between FIRST LEXINGTON CORPORATION, a New York corporation having its principal office at 000 Xxxx Xxxxxx, Xxxxxxx of Manhattan, City, County, and State of New York, 10154, as landlord (referred to as "Owner"), and BION ENVIRONMENTAL TECHNOLOGIES, INC., a _____________ corporation, having its principal office at 00 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx, as tenant (referred to as "Tenant").Lease Agreement

SUBORDINATION, ATTORNMENT, ETC. ARTICLE 8 Property Loss, Etc. ARTICLE 9 Destruction-Fire or Other Casualty ARTICLE 10 Eminent Domain ARTICLE 11 Assignment and Subletting ARTICLE 12 Existing Conditions Conditions/Present Occupant ARTICLE 13 Access to Demised Premises ARTICLE 14 Vault Space ARTICLE 15 Certificate of Occupancy ARTICLE 16 Default ARTICLE 17 Remedies ARTICLE 18 Damages ARTICLE 19 Fees and Expenses; Indemnity ARTICLE 20 Entire Agreement ARTICLE 21 End of Term ARTICLE 22 Quiet Enjoyment ARTICLE 23 Escalation ARTICLE 24 No Waiver ARTICLE 25 Mutual Waiver of Trial by Jury ARTICLE 26 Inability to Perform ARTICLE 27 Notices ARTICLE 28 Partnership Tenant ARTICLE 29 Utilities and Services ARTICLE 30 Table of Contents, Etc. ARTICLE 31 Miscellaneous Definitions, Severability and Interpretation Provisions ARTICLE 32 Adjacent Excavation ARTICLE 33 Building Rules ARTICLE 34 Broker ARTICLE 35 Security ARTICLE 36 Arbitration, Etc. ARTICLE 37 Parties Bound SCHEDULE A Building Rules EXHIBIT 1 Plan of Demised Premises EXHIBIT 2 Form of Letter of Credit LEASE dated as of the _______ day of JuneMay, 20062000, between FIRST LEXINGTON CORPORATION00 XXXXX XXXXXX L.P., a New York corporation Delaware limited partnership having its principal office at 000 Xxxx Xxxxxx, Xxxxxxx of Manhattan, City, County, and State of New York, 10154, as landlord (referred to as "Owner"), and BION ENVIRONMENTAL BOTTOMLINE TECHNOLOGIES, INC., a _____________ corporationDelaware ----- corporation authorized to transact business in the State of New York, having its principal an office at 00 Xxxx 00xx 000 Xxxxx Xxxxxx, Xxx XxxxXxxxxxxxxx, Xxx XxxxXX 00000, as tenant (referred to as "Tenant").. ------

SUBORDINATION, ATTORNMENT, ETC. ARTICLE 8 Property Loss, Etc. ARTICLE 9 Destruction-Fire or Other Casualty ARTICLE 10 Eminent Domain ARTICLE 11 Assignment and Subletting ARTICLE 12 Existing Conditions Owner's Initial Construction ARTICLE 13 Access to Demised Premises ARTICLE 14 Vault Space ARTICLE 15 Certificate of Occupancy ARTICLE 16 Default ARTICLE 17 Remedies ARTICLE 18 Damages ARTICLE 19 Fees and Expenses; Indemnity ARTICLE 20 Entire Agreement ARTICLE 21 End of Term ARTICLE 22 Quiet Enjoyment ARTICLE 23 Escalation ARTICLE 24 No Waiver ARTICLE 25 Mutual Waiver of Trial by Jury ARTICLE 26 Inability to Perform ARTICLE 27 Notices ARTICLE 28 Partnership Tenant ARTICLE 29 Utilities and Services ARTICLE 30 Table of Contents, Etc. ARTICLE 31 Miscellaneous Definitions, Severability and Interpretation Provisions ARTICLE 32 Adjacent Excavation ARTICLE 33 Building Rules ARTICLE 34 Intentionally Deleted ARTICLE 35 Broker ARTICLE 35 36 Security ARTICLE 36 37 Arbitration, Etc. ARTICLE 37 38 Parties Bound ARTICLE 39 Single Renewal Option ARTICLE 40 Tenant's Right of First Offer for Additional Space ARTICLE 41 Tenant's Loan Option ARTICLE 42 Tenant's Single Option to Terminate SCHEDULE A Building Rules SCHEDULE B Cleaning Services to be Furnished by Owner EXHIBIT 1 Plan of Demised Premises EXHIBIT 2 Form of Letter of Credit EXHIBIT 2 HVAC Specification EXHIBIT 3 General Cleaning Specification ADDENDUM A Owner's Initial Construction LEASE dated as of the ___ 19th day of JuneDecember, 20062005, between FIRST LEXINGTON CORPORATION41 MADISON L.P., a New York corporation Delaware limited partnership having its principal office at 000 Xxxx Xxxxxx, Xxxxxxx of Manhattan, City, County, and State of New York, zip 10154, as landlord (referred to as "Owner"), and BION ENVIRONMENTAL TECHNOLOGIESXXXXXX, INC., a _____________ corporation, having its principal office at 00 000 Xxxxxxx Xxxx, Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx XxxxXxxx 00000, as tenant (referred to as "Tenant").

SUBORDINATION, ATTORNMENT, ETC. ARTICLE 8 Property Loss, Etc. ARTICLE 9 Destruction-Fire or Other Casualty ARTICLE 10 Eminent Domain ARTICLE 11 Assignment and Subletting ARTICLE 12 Existing Conditions As Is/ Owner's Initial Work ARTICLE 13 Access to Demised Premises ARTICLE 14 Vault Space ARTICLE 15 Certificate of Occupancy ARTICLE 16 Default ARTICLE 17 Remedies ARTICLE 18 Damages ARTICLE 19 Fees and Expenses; Indemnity ARTICLE 20 Entire Agreement ARTICLE 21 End of Term ARTICLE 22 Quiet Enjoyment ARTICLE 23 Escalation ARTICLE 24 No Waiver ARTICLE 25 Mutual Waiver of Trial by Jury ARTICLE 26 Inability to Perform ARTICLE 27 Notices ARTICLE 28 Partnership Tenant ARTICLE 29 Utilities and Services ARTICLE 30 Table of Contents, Etc. ARTICLE 31 Miscellaneous Definitions, Severability and Interpretation Provisions ARTICLE 32 Adjacent Excavation ARTICLE 33 Building Rules ARTICLE 34 Broker ARTICLE 35 Security Intentionally Omitted ARTICLE 36 Arbitration, Etc. ARTICLE 37 Parties Bound SCHEDULE ARTICLE 38 Substitute Space ARTICLE 39 Tenant's Termination Option ARTICLE 40 Tenant's Right of First Offer For Additional Space ARTICLE 41 Renewal Options EXHIBIT A Building Rules EXHIBIT 1 Floor Plan of Demised Premises EXHIBIT 2 Form of Letter of Credit B Owner's Initial Work SCHEDULE A Building Rules SCHEDULE B Owner's Cleaning Services LEASE dated as of the ___ day of JuneApril, 20062005, between FIRST LEXINGTON CORPORATIONLIGHTHOUSE 444 LIMITED PARTNERSHIP, a New York corporation Delaware limited partnership having its principal office at 000 Xxxx Xxxxxxc/o Lighthouse Real Estate Management, Xxxxxxx of ManhattanLLC, City444 Merrick Road, CountyLynbrook, and State of New YorkNex Xxxx, 1015400000, as landlord (referred to as "Owner"), and BION ENVIRONMENTAL TECHNOLOGIESGTJ CO., INC., a ______________ corporation, having its principal office at 00 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx____________________________, as tenant (referred to as "Tenant").