Common use of SUBORDINATION, ESTOPPEL CERTIFICATE AND ATTORNMENT Clause in Contracts

SUBORDINATION, ESTOPPEL CERTIFICATE AND ATTORNMENT. The Tenant agrees that this Lease shall be subordinate to any mortgages or the lien resulting from other method of financing or re-financing, now or hereafter enforced against the land and buildings of which the Demised Premises are a part, or upon any buildings hereafter placed upon the land of which the Demised Premises are a part, and to all advances made or hereafter to be made upon the security thereof. No further instrument of subordination shall be required by any mortgagee. However, the Tenant, upon request of any party in interest, shall execute promptly such reasonable instrument or certificates that do not negatively impact Tenant’s rights under this Lease to carry out the intent hereof as shall be required by the Landlord. If, ten (10) days after the date of a written request by the Landlord to execute such instruments, the Tenant shall not have executed the same, the Landlord may, at its option, cancel this Lease without incurring any liability on account thereof, and the term hereby granted is expressly limited accordingly. Within ten (10) days after request therefor by the Landlord, or in the event that upon any sale, assignment or hypothecation of the Demised Premises and/or the land thereunder by the Landlord, an Estoppel Certificate shall be required from the Tenant, the Tenant agrees to deliver, in recordable form, an Estoppel Certificate to any proposed mortgagee or purchaser or to the owner certifying, if such be the case, that this Lease is in full force and effect, and that there are no defenses or offsets thereon or stating those claimed by the Tenant. The tenant shall, in the event any proceedings are brought for the foreclosure of, or in the event of exercise of the power of sale under any mortgage made by the owner covering the demised Premises, attorn to the purchaser upon any such foreclosure or sale, and recognize such purchaser as the Landlord under this Lease so long as the new landlord continues to abide by its obligations under the Lease.

SUBORDINATION, ESTOPPEL CERTIFICATE AND ATTORNMENT. The 33. Tenant agrees that this Lease shall be subordinate to any mortgage or mortgages or the lien resulting there from or any other method of financing or re-financingrefinancing, now or hereafter enforced in force against the land and and/or buildings of which the Demised Premises are a part, or upon any buildings hereafter placed upon the land of which the Demised Leased Premises are a part, and to all advances made or hereafter to be made upon the security thereof. No This shall be self-operative and no further instrument of subordination shall be required by any mortgageenecessary to evidence such subordination. However, the Tenant, upon request of any party in interest, shall execute promptly such reasonable instrument or certificates that do not negatively impact Tenant’s rights under this Lease certificate to carry out the intent hereof as shall be required by the Landlord. If, ten If Ten (10) days after the date of a written request by the Landlord to execute such instrumentsinstrument, the Tenant shall not have executed the same, the Landlord may, at its his option, cancel this Lease without incurring any liability on account thereof, thereof and the term hereby granted is expressly limited accordinglyhereof shall end because of a default on the part of the Tenant. Within ten Ten (10) days after request therefor thereof by the Landlord, or in the event even that upon any sale, assignment or hypothecation of the Demised Leased Premises and/or the land thereunder by the Landlord, an Estoppel Certificate estoppel certificate shall be required from the Tenant, the Tenant agrees to deliver, in recordable form, an Estoppel Certificate estoppel certificate to any proposed mortgagee or purchaser or to the owner certifying, certifying (if such be the case, ) that this Lease is in full force and effect, effect and that there are no defenses or offsets thereon or stating those claimed by the Tenant. The tenant Tenant shall, in the event any proceedings are brought for the foreclosure of, of or in the event of exercise of the power of sale under any mortgage made by the owner Landlord covering the demised Leased Premises, attorn to the purchaser upon any such foreclosure or sale, sale and recognize such purchaser as the Landlord under this Lease so long as the new landlord continues to abide by its obligations under the Lease.

SUBORDINATION, ESTOPPEL CERTIFICATE AND ATTORNMENT. The Tenant agrees that this Lease shall be subordinate to at any mortgages or the lien resulting from other method of financing or re-financing, now or hereafter enforced against the land and buildings of which the Demised Premises are a part, or upon any buildings hereafter placed upon the land of which the Demised Premises are a parttime, and from time to all advances made or hereafter to be made upon the security thereof. No further instrument of subordination shall be required by any mortgagee. However, the Tenanttime, upon request of any party in interest, shall execute promptly such reasonable instrument or certificates that do not negatively impact Tenant’s rights under this Lease to carry out the intent hereof as shall be required by the Landlord. If, less than ten (10) days after the date of a prior written request by the Landlord to execute such instrumentsnotice from Landlord, the Tenant shall not have executed the sameexecute, the Landlord may, at its option, cancel this Lease without incurring any liability on account thereofacknowledge, and the term hereby granted is expressly limited accordingly. Within ten (10) days after request therefor by the Landlorddeliver to Landlord a statement in writing, or in the event that upon any sale, assignment or hypothecation of the Demised Premises and/or the land thereunder by the Landlord, an Estoppel Certificate shall be required from the Tenant, the Tenant agrees to deliver, in recordable form, an Estoppel Certificate to any proposed mortgagee or purchaser or to the owner certifying, if such be the case, certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this lease as so modified, is in full force and effect) and the dates to which rent and other charges are paid in advance, if any, and acknowledging that there are no defenses not, to Tenant's knowledge, any uncured defaults on the part of the Landlord hereunder, or offsets thereon specifying such default, if any are claimed and acknowledging to any mortgagee that Tenant will not modify or stating those claimed by amend this Lease without consent of such mortgagee, and certifying as to such other matters that Landlord may reasonably request. Tenant constitutes and appoints Landlord as Tenant's true and lawful attorney-in-fact ("Attorney- in-Fact"), and in the Tenant. The tenant shall's name, place and stead, to make, execute, sign, acknowledge, and file said estoppel certificate in the event any proceedings are brought for the foreclosure of, or that Tenant shall fail to complete and deliver such requested estoppel certificate in the event of exercise of the allotted time above. The foregoing power of sale under attorney is irrevocable and is coupled with an interest. Tenant shall be bound by any mortgage representations made by the owner covering Attorney-in-Fact acting in good faith pursuant to this power of attorney, and Tenant hereby waives any and all defenses which may be available to contest, negate or disaffirm the demised Premisesaction of the Attorney-in-Fact taken in good faith under this power of attorney. In the event that Landlord or its principal sells, conveys, transfers or grants part or all of the Project to and by person, firm, corporation, company, or entity during the term of this Lease or any extension hereof, Tenant agrees to attorn to such new owner, and Landlord and its principals shall be released from performance hereunder. Upon change of ownership through foreclosure or otherwise, the purchaser Purchaser shall not disturb Tenant's peaceful possession of the Premises providing Tenant is not in default under this Lease. The Tenant agrees that its Lease rights will be subordinate to those of any lending institutions making any loan upon any such foreclosure or sale, portion(s) of the Project. Tenant further agrees to sign reasonable documents reflecting this subordination when and recognize such purchaser as if requested by the Landlord under this Lease so long as the new landlord continues to abide by its obligations under the LeaseLandlord.

SUBORDINATION, ESTOPPEL CERTIFICATE AND ATTORNMENT. The Tenant Xxxxxx agrees that this Lease shall be subordinate to any mortgage or mortgages or the lien resulting from other method of any financing or re-financing, refinancing now or hereafter enforced in force against the land and buildings of which the Demised Premises leased premises are a part, or upon any buildings hereafter placed upon the land of which the Demised Premises are a part, . This shall be self-operative and to all advances made or hereafter to be made upon the security thereof. No no further instrument of subordination shall be required by any mortgagee. However, the Tenant, upon request of any party in party-in-interest, shall execute promptly such reasonable instrument or certificates that do not negatively impact Tenant’s rights under this Lease to carry out the intent hereof as shall be required by the Landlordlandlord. Tenant hereby irrevocably appoints Landlord as Attorney-in-Fact for the Tenant with full power and authority to execute and deliver in the name of the Tenant, any such instrument or certificates. If, ten (10) days after the date of a written request by the Landlord Xxxxxxxx to execute such instruments, the Tenant shall not have executed the same, the Landlord may, may at its option, option cancel this Lease without incurring any liability on account thereof, thereof and the term hereby granted is expressly limited accordingly. Within ten (10) days after request therefor by the Landlord, or in the event that upon any sale, assignment or hypothecation of the Demised Premises leased premises and/or the land thereunder by the Landlord, Landlord an Estoppel Certificate estoppel certificate shall be required from the Tenant, the Tenant agrees to deliver, in recordable form, an Estoppel Certificate estoppel certificate to any proposed mortgagee or purchaser or to the owner certifyingcertifying and stating as follows: (a) this Lease has not been modified or amended (or if modified or amended, setting forth such modifications or amendments); (b) this Lease as so modified or amended is in full force and effect (or if not in full force and effect, the reasons therefor); (c) Tenant has no offsets or defenses to its performance of the terms and provisions of this Lease, including the payment of rent, or if there are any such defenses or offsets, specifying the same; (d) Tenant is in possession of the premises, if such be the case; (e) if an assignment of rents or leases has been served upon Tenant by a mortgagee or prospective mortgagee, Xxxxxx has received such assignment and agrees to be bound by the provisions thereof; and (f) any other accurate statements reasonably required by Xxxxxxxx, any prospective landlord or Xxxxxxxx's mortgagee or prospective mortgagee. It is intended that any such statement delivered pursuant to this subsection may be relied upon by any prospective purchaser or mortgagee and their respective successors and assigns and Tenant shall be liable for all loss, cost or expense resulting from the failure of any sale or funding of any loan caused by any misstatement contained in such estoppel certificate. At the option of the Landlord or any successor landlord or the holder of any mortgage affecting the fee of the leased premises, Xxxxxx agrees that neither the cancellation nor termination of any ground underlying lease to which this Lease is now or may hereafter become subject or subordinate, nor any foreclosure of a mortgage affecting the fee title of the leased premises, or the institution of any suit, action, summary or other proceeding by the landlord herein or any successor landlord, or any foreclosure proceeding brought by the holder of any such mortgage to recover possession of the leased premises, shall by operation of law or otherwise result in full force and effectthe cancellation or termination of this Lease or the obligations of the Tenant hereunder, and that there are no defenses or offsets thereon or stating those claimed by the Tenant. The tenant shall, in the event any proceedings are brought for the foreclosure of, or in the event of exercise of the power of sale under any mortgage made by the owner covering the demised Premises, Tenant covenants and agrees to attorn to the Landlord or to any successor to the landlord's interest in the leased premises; or to such holder of such mortgage or ground or underlying lease or to the purchaser upon any such foreclosure or sale, and recognize such purchaser as of the Landlord under this Lease so long as the new landlord continues to abide by its obligations under the Leasemortgaged premises in foreclosure.

SUBORDINATION, ESTOPPEL CERTIFICATE AND ATTORNMENT. The Tenant agrees that this Lease shall be subordinate to any mortgage or mortgages or the lien resulting from other method of any financing or re-financing, refinancing now or hereafter enforced in force against the land and buildings of or which the Demised Leased Premises are a part, or upon any buildings hereafter placed upon the land of which the Demised Premises are a part, . This shall be self operative and to all advances made or hereafter to be made upon the security thereof. No no further instrument of subordination shall be required by any mortgagee. However, the Tenant, upon request of any party in interest, shall execute promptly such reasonable instrument or of certificates that do not negatively impact Tenant’s rights under this Lease to carry out the intent hereof as shall be required by the Landlord. Tenant hereby irrevocably appoints Landlord as Attorney in Fact for the Tenant with full power and authority to execute and deliver, in the name of the Tenant, any such instrument or certificates. If, ten (10) days after the date of a written request by the Landlord to execute such instruments, the Tenant shall not have executed the same, the Landlord may, may at its option, option cancel this Lease without incurring any liability on account thereof, thereof and the term hereby granted is expressly limited accordingly. Within ten (10) days after request therefor therefore by the Landlord, or in the event that upon any sale, assignment or hypothecation of the Demised Leased Premises and/or the land thereunder by the Landlord, Landlord an Estoppel Certificate estoppel certificate shall be required from the Tenant, the Tenant agrees to deliver, in recordable form, an Estoppel Certificate estoppel certificate to any proposed mortgagee or purchaser or to the owner certifyingcertifying and stating as follows: (a) this Lease has not been modified or amended (or if modified or amended, setting forth such modifications or amendments); (b) this Lease as so modified or amended is in full force and effect or if not in full force and effect, the reasons therefore; (c) Tenant has no offsets or defenses to its performance of the terms and provisions of this Lease, including the payment of rent, or if there are any such defenses or offsets, specifying the same; (d) Tenant is in possession of the Leased Premises, if such be the case; (e) if an assignment of rents or leases has been served upon Tenant by a mortgagee or prospective mortgagee, Tenant has received such assignment and agrees to be bound by the provisions thereof; and (f) any other accurate statements reasonably required by Landlord, any prospective landlord or Landlord’s mortgagee or prospective mortgagee. It is intended that any such statement delivered pursuant to this subsection may be relied upon by any prospective purchaser or mortgagee and their respective successors and assigns and Tenant shall be liable for all loss, cost or expense resulting from the failure of any sale or funding of any loan caused by any misstatement contained in such estoppel certificate. At the option of the Landlord or any successor Landlord or the holder of any mortgage affecting the fee of the Leased Premises, Tenant agrees that neither the cancellation nor termination of any underlying ground lease to which this Lease is in full force and effectnow or may hereafter become subject or subordinate, and that there are no defenses nor any foreclosure of a mortgage affecting the fee title of the Leased Premises, or offsets thereon the institution of any suit, action, summary or stating those claimed other proceeding by the TenantLandlord herein or any successor. The tenant shall, in the event any proceedings are brought for the foreclosure of, or in the event of exercise of the power of sale under any mortgage made by the owner covering the demised Premises, Tenant covenants and agrees to attorn to the Landlord or to any successor to the Landlord’s interest in the Leased Premises, or to such holder of such mortgage or ground or underlying lease or to the purchaser upon any such foreclosure or sale, and recognize such purchaser as of the Landlord under this Lease so long as the new landlord continues to abide by its obligations under the Leasemortgaged premises in foreclosure.