Common use of Subordination Attornment Non Disturbance Clause in Contracts

Subordination Attornment Non Disturbance. This Lease shall be subordinate to any of Lessee's mortgagee's mortgages or deeds of trust and all amendments, renewals or modifications thereof now or hereafter in effect. This subordination shall be shelf-operative and no further certificate or instrument of subordination need be required by any such mortgagee. In confirmation of such subordination, however, Lessee shall execute promptly any reasonable certificate or instrument that Lessor or mortgages may request. Lessee hereby constitutes Lessor as Lessee's attorney-in-fact to execute such certificate or instrument for and one behalf of Lessee upon Lessee's failure to do so within fifteen (15) days of a request to do so. In the event of the enforcement by Lessor's mortgagee of the remedies provided for by law or by such mortgage or deed of trust, Lessee will, upon request of any person or party succeeding to the interest of Lessor as a result of such enforcement, automatically become the Lessee of such successor in interest without change in terms or other provisions of such Lease provided, however, that such successor in interest shall not be (i) bound by any payment of Rent for more than one month in advance except payments in the nature of security for the performance by Lessee of its obligations under this Lease; (ii) subject to any offset, defense or damages arising out of a default of any obligations of any preceding Lessor; or (iii) bound by any amendment or modification of this Lease made without the written consent of such trustee or such beneficiary or such successor in interest; and provided, however, that no new successor in interest shall disturb the possession of the Lessee under this Lease so long as the Lessee is not in default of any of the terms or provisions contained in the Lease. Upon request by such successor in interest, Lessee shall execute and deliver reasonable instruments confirming the attornment provided for herein. The subordination of interest provided by this paragraph shall not, however, affect or diminish the Lessee's rights under this Lease.

Subordination Attornment Non Disturbance. (a) Sub ordination. This Lease shall be subject and subordinate to any ground lease, mortgage, deed of Lessee's mortgagee's mortgages trust, or deeds of trust and all amendmentsother hypothecation or mortgage (collectively, renewals or modifications thereof "Mortgage") now or hereafter in effectplaced by Landlord upon the Real Property, to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. This subordination Tenant agrees that any person holding any Mortgage shall be shelf-operative and have no further certificate duty, liability or instrument obligation to perform any of subordination need be required by any the obligations of Landlord under this Lease for as long as such mortgagee. In confirmation person does not become an owner of, or entitled to control of, the Property or the Corporate Center through foreclosure of such subordination, however, Lessee shall execute promptly any reasonable certificate or instrument that Lessor or mortgages may request. Lessee hereby constitutes Lessor as Lessee's attorney-in-fact to execute such certificate or instrument for and one behalf of Lessee upon Lessee's failure to do so within fifteen (15) days of a request to do soMortgage. In the event of the enforcement by LessorLandlord's mortgagee of the remedies provided for by law or by such mortgage or deed of trust, Lessee will, upon request of any person or party succeeding to the interest of Lessor as a result of such enforcement, automatically become the Lessee of such successor in interest without change in terms or other provisions of such Lease provided, however, that such successor in interest shall not be (i) bound by any payment of Rent for more than one month in advance except payments in the nature of security for the performance by Lessee of its obligations under this Lease; (ii) subject default with respect to any offsetsuch obligation, defense or damages arising out Tenant will give any Lender, whose name and address have previously in writing been furnished Tenant, notice of a default by Landlord. Tenant may not exercise any remedies for default by Landlord unless and until Landlord and the Lender shall have received written notice of such default and a reasonable time (not less than sixty (60) days) shall thereafter have elapsed without the default having been cured. If any obligations of any preceding Lessor; or (iii) bound by any amendment or modification of Lender shall elect to have this Lease made without superior to the lien of its Mortgage and shall give written consent of such trustee or such beneficiary or such successor in interest; and providednotice thereof to Tenant, however, that no new successor in interest shall disturb the possession of the Lessee under this Lease so long as shall be deemed prior to such Mortgage. The provisions of a Mortgage relating to the Lessee is not in default disposition of condemnation and insurance proceeds shall prevail over any of the terms or contrary provisions contained in the Lease. Upon request by such successor in interest, Lessee shall execute and deliver reasonable instruments confirming the attornment provided for herein. The subordination of interest provided by this paragraph shall not, however, affect or diminish the Lessee's rights under this Lease.

Subordination Attornment Non Disturbance. This Lease shall be subordinate to any of Lessee's mortgagee's mortgages or all deeds of trust trust, mortgages, assignments of rents and all amendmentsleases, renewals UCC financing 172 statements and other security agreements that may now or modifications thereof at any time hereafter be placed against the Leased Premises, made by Landlord, its predecessors, successors or assigns, to secure money borrowed, and which may now or hereafter affect the Leased Premises, and to any renewals, modifications, consolidations, replacements or extensions thereof Tenant hereby attorneys, in effect. This subordination shall be shelf-operative and no further certificate or instrument accordance with the terms of subordination need be required by this Lease, to the lender in any such mortgagee. In confirmation deed of trust (the "Lender"), such subordinationattornment to be effective upon Lendxx'x xcquisition of title to the Leased Premises; provided, however, Lessee that Lendxx xxxees in writing with Tenaxx, xx the time of Lendxx'x xcquisition of title, to recognize the validity of this Lease, notwithstanding any foreclosure or deed in lieu thereof, but this proviso shall be applicable only so long as Tenant is not in default hereunder and only so long as Tenant's right to possession hereunder is not terminated in accordance with the provisions of this Lease. Tenant's attornment shall not be term inated by foreclosure of any such deed of trust or by deed in lieu thereof. At the request of Landlord or Lender, Tenant shall promptly execute promptly any reasonable certificate or instrument that Lessor agreement in confirmation of this attornment or mortgages may request. Lessee hereby constitutes Lessor any subordination prescribed in this Section, and Tenant appoints Landlord as Lessee's attorneyTenaxx'x xttorney-in-fact to execute any such certificate certificates or instrument for and one agreements on behalf of Lessee upon Lessee's failure to do so within fifteen (15) days of a request to do soTenant. In the event of the enforcement by LessorLender's mortgagee acquisition of the remedies provided for by law or by such mortgage or deed of trust, Lessee will, upon request of any person or party succeeding title to the interest of Lessor as a result of such enforcementLeased Premises, automatically become the Lessee of such successor in interest without change in terms or other provisions of such Lease provided, however, that such successor in interest Lender shall not be (i) bound responsible or liable for any deposits made by any payment of Rent for more than one month in advance except payments in the nature of security for the performance by Lessee of its obligations under this Lease; (ii) subject Tenant to any offset, defense or damages arising out of a default of any obligations of any preceding Lessor; or (iii) bound by any amendment or modification of this Lease made without the written consent of Landlord unless such trustee or such beneficiary or such successor in interest; and provided, however, that no new successor in interest shall disturb the possession of the Lessee under this Lease so long as the Lessee is not in default of any of the terms or provisions contained in the Lease. Upon request by such successor in interest, Lessee shall execute and deliver reasonable instruments confirming the attornment provided for herein. The subordination of interest provided by this paragraph shall not, however, affect or diminish the Lessee's rights under this Leasedeposits are specifically assigned to Lender.

Subordination Attornment Non Disturbance. This 30.1 Provided that Tenant is provided with a subordination, non-disturbance and attornment agreement in a commercially reasonable form which (i) does not modify the economic terms of this Lease (or materially modify any other provision hereof) and (ii) recognizes all of Tenant's prospective and accrued rights under this Lease with respect to (A) the Letters of Credit and any matter relating to Capital Items under this Lease and (B) any default occurring before foreclosure (or delivery of a deed in lieu of foreclosure) (collectively, "Foreclosure Transfer") of a security instrument defined below) which continues after such Foreclosure Transfer ("SNDA") duly executed by the holder of any ground leases, deeds of trust, mortgages security interests (collectively, "Security Instruments") affecting the Premises, this Lease is and shall be subject and subordinate at all times to the security interests evidenced by the Security Instruments. Notwithstanding any provision of this Lease to the contrary, (a) Landlord shall not permit any Security Instrument to be recorded against the Premises or otherwise become prior to the lien of this Lease (without providing to Tenant an SNDA) prior to the earlier of the time of recordation of the Memorandum of this Lease described in Paragraph 25 (provided Tenant causes such Memorandum to be executed in recordable form, by Tenant within ten (10) business days after Landlord's request if such Memorandum was not previously recorded) or the date of Tenant's occupancy of the Premises for the conduct of business, and (b) in the event Landlord shall breach its obligations under clause (a), and Landlord shall not cure such breach (by causing such Security Instrument to be subordinate to any this Lease or by providing Tenant an SNDA conforming to the requirements of Lessee's mortgagee's mortgages or deeds this Paragraph 30) within thirty (30) days following receipt by Landlord of trust and all amendments, renewals or modifications thereof now or hereafter in effect. This subordination shall be shelf-operative and no further certificate or instrument of subordination need be required by any such mortgagee. In confirmation written notice from Tenant of such subordinationbreach, howeverwithout prejudice to its other rights and remedies, Lessee Tenant shall execute promptly have the right to terminate this Lease, exercisable by delivery of written notice to Landlord at any reasonable certificate or instrument that Lessor or mortgages may request. Lessee hereby constitutes Lessor as Lessee's attorney-in-fact to execute time after such certificate or instrument for breach and one behalf of Lessee upon Lessee's failure to do so within fifteen (15) days of a request to do so. In the event of the enforcement by Lessor's mortgagee of the remedies provided for by law or by such mortgage or deed of trust, Lessee will, upon request of any person or party succeeding to the interest of Lessor as a result expiration of such enforcement, automatically become the Lessee of such successor in interest without change in terms or other provisions of such Lease provided, however, that such successor in interest shall not be thirty (i30) bound by any payment of Rent for more than one month in advance except payments in the nature of security for the performance by Lessee of its obligations under this Lease; (ii) subject to any offset, defense or damages arising out of a default of any obligations of any preceding Lessor; or (iii) bound by any amendment or modification of this Lease made without the written consent of such trustee or such beneficiary or such successor in interest; and provided, however, that no new successor in interest shall disturb the possession of the Lessee under this Lease so long as the Lessee is not in default of any of the terms or provisions contained in the Lease. Upon request by such successor in interest, Lessee shall execute and deliver reasonable instruments confirming the attornment provided for herein. The subordination of interest provided by this paragraph shall not, however, affect or diminish the Lessee's rights under this Leaseday period.