Common use of SUBORDINATION; ESTOPPEL CERTIFICATES Clause in Contracts

SUBORDINATION; ESTOPPEL CERTIFICATES. 21.01 This Lease is subject and subordinate to all ground leases, underlying leases, and mortgages, if any, now or hereafter made, which may now or hereafter affect the Project and to all renewals, modifications, consolidations, replacements and extensions of any such ground leases, underlying leases and mortgages. This clause shall be self-operative and no further instrument of subordination shall be necessary. Notwithstanding the foregoing, Landlord reserves the right to declare this Lease prior to the lien of any ground lease, underlying lease, or mortgage now or hereinafter placed upon the real property of which the Premises are a part by recording a written notice of such priority with the register of deeds. Tenant covenants and agrees to execute and deliver, within ten (10) days after requested by Landlord, such further instrument or instruments subordinating this Lease (or declaring the Lease prior and superior) to any lease or proposed lease or to the lien of any such mortgage or mortgages as shall reasonably be desired by Landlord, any lessor or proposed lessor, and any mortgagees or proposed mortgagees. 21.02 In the event any proceedings are brought for foreclosure of, or in the event of the conveyance by deed in lieu of foreclosure of, or in the event of the exercise of the power of sale under, any mortgage made by Landlord covering the Premises, Tenant hereby attorns to the new owner, and covenants and agrees to execute any instrument in writing reasonably satisfactory to the new owner, whereby Tenant attorns to such successor in interest and recognizes such successor as Landlord under this Lease. 21.03 Tenant, within ten (10) days after request (at any time or times) by Landlord, will execute and deliver to Landlord an estoppel certificate, in form reasonably acceptable to Landlord, certifying: (i) to the Commencement Date and expiration date of the Term; (ii) that this Lease is unmodified and in full force and effect, or is in full force and effect as modified, stating the modifications; (iii) that Tenant does not claim that Landlord is in default in any way, or listing any such claimed defaults and that Tenant does not claim any rights of setoff, or listing such rights of setoff; (iv) to the amount of monthly rent and other sums due hereunder as of the date of the certificate, the date to which the rent has been paid in advance, and the amount of any security deposit or prepaid rent; (v) that Tenant agrees to provide any mortgagee of Landlord with notice of any default by Landlord hereunder and give such mortgagee the opportunity to cure such default within sixty (60) days of such mortgagee's receipt of notice of such default; and (vi) such other matters as may be reasonably requested by Landlord. Any such certificate may be relied upon by any prospective purchaser, mortgagee or lessor of the Premises or any part thereof.

SUBORDINATION; ESTOPPEL CERTIFICATES. 21.01 This 23.1 Tenant agrees that Landlord may choose to make this Lease is subject and subordinate or paramount to all ground leasesany mortgages, underlying leasestrust deeds, and mortgages, if any, ground or underlying leases now or hereafter made, which may now or hereafter affect affecting the Project Leased Premises and to any and all advances to be made thereunder or to be secured thereby, and to the interest and charges thereon, and all renewals, modifications, consolidations, replacements and extensions of thereof, provided the mortgagee, lessor, or trustee named in any such ground leasesmortgages, underlying leases and mortgages. This clause shall be self-operative and no further instrument of subordination shall be necessary. Notwithstanding the foregoing, Landlord reserves the right to declare this Lease prior to the lien of any ground lease, underlying leasetrust deeds, or mortgage now or hereinafter placed upon the real property of which the Premises are a part by recording a written notice of such priority with the register of deeds. Tenant covenants and leases agrees to execute and deliver, within ten (10) days after requested by Landlord, such further instrument or instruments subordinating this Lease (or declaring recognize the Lease prior and superior) to any lease or proposed lease or to the lien of any such mortgage or mortgages as shall reasonably be desired by Landlord, any lessor or proposed lessor, and any mortgagees or proposed mortgagees. 21.02 In the event any proceedings are brought for foreclosure of, or Tenant in the event of the conveyance by deed foreclosure if Tenant is not in lieu of foreclosure of, default. Tenant will execute promptly any instrument or in the event of the exercise of the power of sale under, any mortgage made by certificate that Landlord covering the Premises, Tenant hereby attorns may request to the new ownerconfirm such subordination, and covenants and agrees hereby irrevocably appoints Landlord as Tenant's attorney-in-fact to execute any such instrument in writing reasonably satisfactory to the new owner, whereby Tenant attorns to such successor in interest and recognizes such successor as Landlord under this Leaseor certificate on its behalf. 21.03 Tenant23.2 Tenant shall, within ten (10) days after request (at any time or times) by Landlord, will execute and deliver to Landlord an estoppel certificate, in form reasonably acceptable to Landlord, certifying: (i) to certificate proposed by Landlord identifying the Commencement Date and expiration Expiration date of the Term; (ii) this Lease and state that this Lease is unmodified and in full force and effect, or is in full force and effect as modified, stating the modifications; (iii) , and stating that Tenant does not claim that Landlord is in default in any way, or listing any such claimed defaults and that Tenant does not claim any rights of setoff, or listing such rights of setoff; (iv) to defaults. The certificate also will confirm the amount of monthly installments of base rent payable hereunder and other sums due hereunder additional rent as of the date of the certificate, the date to which the rent has been paid in advance, and the amount of any security deposit or prepaid rent; . If Tenant fails to deliver the executed certificate to Landlord within the ten (v10) that Tenant agrees to provide any mortgagee of Landlord with notice of any default by Landlord hereunder and give such mortgagee day period, the opportunity to cure such default within sixty (60) days of such mortgagee's receipt of notice of such default; and (vi) such other matters as may be reasonably requested by Landlord. Any such certificate may be relied upon by any prospective purchaser, mortgagee or lessor execution of the Premises or any part thereofproposed certificate will be deemed conclusively confirmed.

SUBORDINATION; ESTOPPEL CERTIFICATES. 21.01 This Lease is subject and 23.01 Tenant agrees that Landlord may choose to make this lease subordinate or paramount to all ground leasesany construction loans, underlying leases, and mortgages, if any, trust deeds and ground or underlying leases now or hereafter made, which may now or hereafter affect affecting the Project Premises and to any and all advances to be made thereunder, and to the interest and charges thereon, and all renewals, modificationsreplacements, consolidations, replacements and extensions of thereon, provided the mortgagee, lessor or trustee named in any such ground leasesmortgages, underlying trust deeds or leases and mortgages. This clause shall be self-operative and no further instrument of subordination shall be necessary. Notwithstanding the foregoing, Landlord reserves the right to declare this Lease prior to the lien of any ground lease, underlying lease, or mortgage now or hereinafter placed upon the real property of which the Premises are a part by recording a written notice of such priority with the register of deeds. Tenant covenants and agrees to execute and deliver, within ten (10) days after requested by Landlord, such further instrument or instruments subordinating this Lease (or declaring recognize the Lease prior and superior) to any lease or proposed lease or to the lien of any such mortgage or mortgages as shall reasonably be desired by Landlord, any lessor or proposed lessor, and any mortgagees or proposed mortgagees. 21.02 In the event any proceedings are brought for foreclosure of, or Tenant in the event of the conveyance by deed foreclosure if Tenant is not in lieu of foreclosure ofdefault provided that no such loan, mortgage, trust deed, or in the event lease shall materially and adversely affect any substantial right of the exercise of the power of sale under, Tenant hereunder. Tenant will execute promptly any mortgage made by instrument or certificate that Landlord covering the Premises, Tenant hereby attorns may request to the new ownerconfirm such subordination, and covenants and agrees hereby irrevocably appoints Landlord as Tenant's attorney-in-fact to execute any such instrument in writing reasonably satisfactory to the new owner, whereby Tenant attorns to such successor in interest and recognizes such successor as Landlord under this Leaseor certificate on its behalf. 21.03 23.02 Tenant, within ten (10) days after request (at any time or times) by Landlord, will execute and deliver to Landlord Landlord, an estoppel certificate, in form reasonably acceptable to Landlord, certifying: (i) to certificate identifying the Commencement Date and expiration date of the Term; (ii) Term and stating that this Lease is unmodified and in full force and effect, or is in full force and effect as modified, stating the modifications; (iii) , and stating that Tenant does not claim that Landlord is in default in any way, or listing any such claimed defaults and that Tenant does not claim any rights of setoff, or listing such rights of setoff; (iv) to defaults. The certificate also will confirm the amount of monthly Base Rent and additional rent and other sums due hereunder as of the date of the certificate, the date to which the rent has been paid in advance, and the amount of any security deposit or prepaid rent; . If Tenant fails to deliver the executed certificate to Landlord within the ten (v10) day period, then after an additional ten (10) day notice by Landlord to Tenant, the accuracy of the proposed certificate will be deemed conclusively confirmed. 23.3 Notwithstanding anything to the contrary contained in this Lease, Landlord agrees that Tenant agrees to provide any mortgagee of Landlord may pledge, hypothecate or otherwise encumber its interests in the leased property and under this Lease in connection with notice of any default by Landlord hereunder and give such mortgagee the opportunity to cure such default within sixty (60) days of such mortgageeits or its corporate parent's receipt of notice of such default; and (vi) such other matters as may be reasonably requested by Landlord. Any such certificate may be relied upon by any prospective purchaser, mortgagee existing or lessor of the Premises or any part thereoffuture secured borrowing arrangements.

SUBORDINATION; ESTOPPEL CERTIFICATES. 21.01 This Lease is subject and shall be subordinate to all ground leases, underlying leases, and mortgages, if anytrust deeds or other financing or, now or hereafter made, which refinancing instruments that may now or hereafter affect in the Project future be placed on the Building or the Property, and to all renewals, modificationsreplacements, consolidations, replacements and extensions of same and Tenant shall attorn to any purchaser, to the purchaser at any foreclosure, or to the grantee of a deed in lieu of foreclosure, and recognize such ground leases, underlying leases and mortgagespurchaser or grantee as Landlord under the Lease. This clause shall be Such subordination is self-operative operative, and no further instrument of subordination instruments shall be necessaryrequired to effect same. Notwithstanding the foregoingHowever, Landlord reserves the right if requested by Landlord, Tenant shall promptly from time to declare this Lease prior to the lien of any ground lease, underlying lease, or mortgage now or hereinafter placed upon the real property of which the Premises are a part by recording a written notice of such priority with the register of deeds. Tenant covenants and agrees to execute and delivertime, within ten (10) business days after requested of written request, execute a confirmation of such subordination in the form reasonably required by Landlord. If any ground lessor, such further instrument mortgagee or instruments subordinating trustee notifies Tenant that it elects to have the Lease be a prior lien, then this Lease (or declaring the Lease shall be deemed to be prior and superior) in lien to any lease or proposed lease or to the lien of any such ground lease, mortgage or mortgages as shall reasonably be desired by Landlord, any lessor or proposed lessor, and any mortgagees or proposed mortgagees. 21.02 In the event any proceedings are brought for foreclosure of, or in the event of the conveyance by deed in lieu of foreclosure of, or in the event of the exercise of the power of sale under, any mortgage made by Landlord covering the Premises, trust deed. Tenant hereby attorns to the new owner, and covenants and agrees to execute any instrument in writing reasonably satisfactory to the new owner, whereby Tenant attorns to such successor in interest and recognizes such successor as Landlord under this Lease. 21.03 Tenantshall, within ten (10) business days after request (at any time or times) by of written request, deliver to Landlord, will or to any party providing financing to Landlord, or to a prospective purchaser, information reasonably required by such party, including without limitation current financial statements and estoppel certificates in a form reasonably required by such party, failing which Tenant shall be in default of this Lease without further notice or cure period. If Tenant does not deliver any subordination or estoppel certificate within the ten (10) business day time period provided herein, then in addition to any other right or remedy of Landlord, Tenant hereby appoints Landlord as its attorney-in-fact to execute and deliver to Landlord an any such subordination or estoppel certificate on Tenant's behalf. Any such subordination or estoppel certificate, in form reasonably acceptable to Landlord, certifying: (i) to the Commencement Date and expiration date of the Term; (ii) that this Lease is unmodified and in full force and effect, or is in full force and effect as modified, stating the modifications; (iii) that Tenant does not claim that Landlord is in default in any way, or listing any such claimed defaults and that Tenant does not claim any rights of setoff, or listing such rights of setoff; (iv) to the amount of monthly rent and other sums due hereunder as of the date of the certificate, the date to which the rent has been paid in advance, and the amount of any security deposit or prepaid rent; (v) that Tenant agrees to provide any mortgagee of Landlord with notice of any default by Landlord hereunder and give such mortgagee the opportunity to cure such default within sixty (60) days of such mortgagee's receipt of notice of such default; and (vi) such other matters as may be reasonably requested by Landlord. Any such certificate delivered pursuant hereto may be relied upon by any owner, prospective purchaser, mortgagee or lessor prospective mortgagee of the Premises Building, the Property, or Landlord's interest therein. Landlord will use best efforts to obtain a non-disturbance agreement from its existing lender and any part thereoffuture lender(s) on such lender's commercially reasonable form.

SUBORDINATION; ESTOPPEL CERTIFICATES. 21.01 This 23.01 Tenant agrees that Landlord may choose to make this Lease is subject and subordinate or paramount to all ground leasesany construction loans, underlying leases, and mortgages, if any, trust deeds and ground or underlying leases now or hereafter made, which may now or hereafter affect affecting the Project Premises and to any and all advances to be made thereunder, and to the interest and charges thereon, and all renewals, modifications, consolidations, replacements and extensions of thereon, provided the mortgagee, lessor or trustee named in any such ground leasesmortgages, underlying trust deeds or leases and mortgages. This clause shall be self-operative and no further instrument of subordination shall be necessary. Notwithstanding the foregoing, Landlord reserves the right agrees to declare recognize this Lease prior to the lien of any ground lease, underlying lease, or mortgage now or hereinafter placed upon the real property of which the Premises are a part by recording a written notice of such priority with the register of deeds. Tenant covenants and agrees to execute and deliver, within ten (10) days after requested by Landlord, such further instrument or instruments subordinating this Lease (or declaring the Lease prior and superior) to any lease or proposed lease or to the lien of any such mortgage or mortgages as shall reasonably be desired by Landlord, any lessor or proposed lessor, and any mortgagees or proposed mortgagees. 21.02 In the event any proceedings are brought for foreclosure of, or Tenant's rights hereunder in the event of foreclosure if Tenant is not in default. Tenant will execute promptly any instrument or certificate that Landlord may request to confirm such subordination, provided any such instrument or certificate is in a form and substance reasonably acceptable to Tenant. Within thirty (30) days following the conveyance date hereof, Landlord shall furnish Tenant with a subordination and non-disturbance agreement, executed by deed in lieu of foreclosure of, or in the event of the exercise of the power of sale under, mortgagee under any mortgage made by Landlord covering the PremisesBuilding and Real Estate, Tenant hereby attorns which shall be in a form and substance reasonably acceptable to the new owner, and covenants and agrees to execute any instrument in writing reasonably satisfactory to the new owner, whereby Tenant attorns to such successor in interest and recognizes such successor as Landlord under this LeaseTenant. 21.03 Tenant23.02 Either Tenant or Landlord, within ten fifteen (1015) days after reasonable request (at any time or times) by Landlordthe other party, will execute and deliver to Tenant or Landlord an estoppel certificate, in form reasonably acceptable to Landlord, certifying: (i) to certificate identifying the Commencement Date and expiration date of the Term; (ii) Term and stating that this Lease is unmodified and in full force and effect, effect or is in full force and effect as modified, stating the modifications; (iii) modifications and stating that Tenant or Landlord does not claim that Landlord the other party is in default in any way, way or listing any such claimed defaults and that Tenant does not claim any rights of setoff, or listing such rights of setoff; (iv) to defaults. The certificate also will confirm the amount of monthly rent and other sums due hereunder Base Rent as of the date of the certificate, the date to which the rent has been paid in advance, advance and the amount of any security deposit or prepaid rent; (v) that Tenant agrees to provide any mortgagee of Landlord with notice of any default by Landlord hereunder and give such mortgagee the opportunity to cure such default within sixty (60) days of such mortgagee's receipt of notice of such default; and (vi) such other matters as may be reasonably requested by Landlord. Any such certificate may be relied upon by any prospective purchaser, mortgagee or lessor of the Premises or any part thereof.

SUBORDINATION; ESTOPPEL CERTIFICATES. 21.01 This Tenant agrees that Landlord may choose to make this Lease is subject and subordinate or paramount to all ground leases, underlying leases, and mortgages, if any, any mortgages or trust deeds now or hereafter madeaffecting the Premises, which may now or hereafter affect the Project and to any and all advances to be made thereunder, and to the interest and charges thereon, and all renewals, modifications, consolidations, replacements and extensions of thereon, provided the mortgagee or trustee named in any such ground leases, underlying leases and mortgages. This clause shall be self-operative and no further instrument of subordination shall be necessary. Notwithstanding the foregoing, Landlord reserves the right to declare this Lease prior to the lien of any ground lease, underlying lease, mortgages or mortgage now or hereinafter placed upon the real property of which the Premises are a part by recording a written notice of such priority with the register of deeds. Tenant covenants and trust deeds agrees to execute recognize and deliver, within ten (10) days after requested by Landlord, such further instrument or instruments subordinating this Lease (or declaring not disturb the Lease prior and superior) to any lease or proposed lease or to the lien of any such mortgage or mortgages as shall reasonably be desired by Landlord, any lessor or proposed lessor, and any mortgagees or proposed mortgagees. 21.02 In the event any proceedings are brought for foreclosure of, or Tenant in the event of the conveyance by deed foreclosure if Tenant is not in lieu of foreclosure of, or in the event of the exercise of the power of sale under, default beyond any mortgage made by Landlord covering the Premises, Tenant hereby attorns to the new owner, and covenants and agrees to execute any instrument in writing reasonably satisfactory to the new owner, whereby Tenant attorns to such successor in interest and recognizes such successor as Landlord applicable cure period allowed under this Lease. Tenant will execute promptly any instrument or certificate that Landlord may reasonably request to confirm such subordination. Landlord agrees to exercise its best efforts to cause the holder of any mortgage affecting the Premises to enter into a subordination non-disturbance and attornment agreement with Tenant on the form customarily required by such holder. 21.03 21.02 Tenant, within ten fifteen (1015) days after request (at any time anytime or times) by Landlord, will execute and deliver to Landlord an estoppel certificate, in form reasonably acceptable to Landlord, certifying: (i) to certificate identifying the Commencement Date and expiration date of the Term; (ii) Term and stating that this Lease is unmodified and in full force and effect, effect or is in full force and effect as modified, stating the modifications; (iii) modifications and stating that Tenant does not claim that Landlord is in default in any way, way or listing any such claimed defaults and that Tenant does not claim any rights of setoff, or listing such rights of setoff; (iv) to defaults. The certificate also will confirm the amount of monthly rent and other sums due hereunder minimum net rental as of the date of the certificate, the date to which the rent has been paid in advance, advance and the amount of any security deposit or prepaid rent; . If Tenant fails to deliver the executed certificate to Landlord within the fifteen (v15) that Tenant agrees to provide any mortgagee of Landlord with notice of any default by Landlord hereunder and give such mortgagee day period, the opportunity to cure such default within sixty (60) days of such mortgagee's receipt of notice of such default; and (vi) such other matters as may be reasonably requested by Landlord. Any such certificate may be relied upon by any prospective purchaser, mortgagee or lessor accuracy of the Premises or any part thereofproposed certificate will be deemed conclusively confirmed.

SUBORDINATION; ESTOPPEL CERTIFICATES. 21.01 This Lease is subject and subordinate to all ground leases, underlying leases, and mortgages, if any, now or hereafter made, which may now or hereafter affect the Project and to all renewals, modifications, consolidations, replacements and extensions of any such ground leases, underlying leases and mortgages. This clause shall be self-operative and no further instrument of subordination shall be necessary. Notwithstanding the foregoing, Landlord reserves the right to declare this Lease prior to the lien of any ground lease, underlying lease, or mortgage now or hereinafter placed upon the real property of which the Premises are a part by recording a written notice of such priority with the register of deeds. Tenant covenants and agrees to execute and deliver, within ten (10) days after requested by Landlord, such further instrument or instruments subordinating this Lease (or declaring the Lease prior and superior) to any lease or proposed lease or to the lien of any such mortgage or mortgages as shall reasonably be desired by Landlord, any lessor or proposed lessor, and any mortgagees or proposed mortgagees. 21.02 In the event any proceedings are brought for foreclosure of, or in the event of the conveyance by deed in lieu of foreclosure of, or in the event of the exercise of the power of sale under, any mortgage made by Landlord covering the Premises, Tenant hereby attorns to the new owner, and covenants and agrees to execute any instrument in writing reasonably satisfactory to the new owner, owner whereby Tenant attorns to such successor in interest and recognizes such successor as Landlord under this Lease. 21.03 Tenant, within ten (10) days after request (at any time or times) by Landlord, will execute and deliver to Landlord an estoppel certificate, in form reasonably acceptable to Landlord, certifying: (i) to the Commencement Date and expiration date of the Term; (ii) that this Lease is unmodified and in full force and effect, or is in full force and effect as modified, stating the modifications; (iii) that Tenant does not claim that Landlord is in default in any way, or listing any such claimed defaults and that Tenant does not claim any rights of setoff, or listing such rights of setoff; (iv) to the amount of monthly rent and other sums due hereunder as of the date of the certificate, the date to which the rent has been paid in advance, and the amount of any security deposit or prepaid rent; (v) that Tenant agrees to provide any mortgagee of Landlord with notice of any default by Landlord hereunder and give such mortgagee the opportunity to cure such default within sixty (60) thirty (30) days of such mortgagee's receipt of notice of such default; and (vi) such other matters as may be reasonably requested by Landlord. Any such certificate may be relied upon by any prospective purchaser, mortgagee or lessor of the Premises or any part thereof.

SUBORDINATION; ESTOPPEL CERTIFICATES. 21.01 20.1 This Lease is subject and subordinate to all ground leases, underlying leasesthe lien of any mortgage or mortgages, and mortgages, if any, now or hereafter made, which may now or hereafter affect the Project and to all renewals, modifications, consolidations, replacements and extensions of any such ground leasesmortgage or mortgages, underlying leases and mortgagesnow or hereafter placed upon Landlord’s interest in the Premises. This clause shall be self-operative and no further instrument of subordination shall be is necessary. Notwithstanding Despite the foregoing, Landlord reserves the right to declare this Lease prior to the lien of any ground lease, underlying lease, or mortgage now or hereinafter placed upon the real property of which the Premises are a part by recording a written notice of such priority with the register of deeds. Tenant covenants and agrees to shall execute and deliver, within ten (10) days after requested by Landlordrequested, such further instrument or instruments subordinating this Lease (or declaring the Lease prior and superior) to any lease or proposed lease or to the lien of any such mortgage or mortgages confirming subordination as shall reasonably be desired requested by Landlord, any lessor or proposed lessor, and any mortgagees or proposed mortgagees. 21.02 20.2 In the event of subordination of this Lease, Landlord shall condition the subordination upon the customary agreement of the mortgagee or lessor that in the event of foreclosure or the assertion of any other rights under the mortgage or lease, this Lease and the rights of Tenant hereunder shall continue in effect and shall not be terminated or disturbed so long as Tenant continues to perform and is not in an uncured default under this Lease. 20.3 If any proceedings are brought for foreclosure offoreclosure, or in the event of the conveyance by deed in lieu of foreclosure offoreclosure, or in the event of the exercise of the power of sale under, any mortgage made by Landlord covering the Premisessale, Tenant hereby attorns to the new ownerto, and covenants and agrees to shall execute any instrument in writing reasonably satisfactory to the new owner, whereby Tenant attorns attorning to such successor in interest and recognizes recognizing such successor as the Landlord under this Lease. 21.03 20.4 Tenant, within ten fifteen (1015) days after request (at any time or times) by Landlord, will execute and deliver to Landlord Landlord, an estoppel certificate, in a form reasonably acceptable to Landlord, certifying: (i) to the Commencement Date and expiration date of the TermTermination Date; (ii) that this Lease is unmodified and in full force and effect, or is in full force and effect as modified, stating the modifications; (iii) that Tenant does the Lease is not claim that Landlord is in default in any waydefault, or listing any such claimed defaults and that Tenant does not claim any rights of setoff, or listing such rights of setoff; (iv) to the amount of monthly rent and other sums Rent due hereunder as of the date of the certificate, the date to which the rent Rent has been paid in advance, and the amount of any security deposit Security Deposit or prepaid rentRent; and (v) that Tenant agrees to provide any mortgagee of Landlord with notice of any default by Landlord hereunder and give such mortgagee the opportunity to cure such default within sixty (60) days of such mortgagee's receipt of notice of such default; and (vi) such other matters as may be reasonably requested by Landlord. Any such certificate may be relied upon on by any prospective purchaser, mortgagee or lessor of the Premises Premises. 20.5 Tenant agrees to give any mortgagee(s), by registered mail, a copy of any such notice of default served upon the Landlord, provided that prior to such notice, Tenant has been notified, in writing (by way of Notice of Assignment of Rents and Leases, or otherwise), of the address of such mortgagee(s), Tenant further agrees that if Landlord shall have failed to cure such default within the time provided for in this Lease, then the mortgagee(s) shall have an additional thirty (30) days within which to cure such default or if such default cannot be cured within that time, then such additional time as may be necessary if within such thirty (30) days, any part thereofmortgagee has commenced and is diligently pursuing the remedies necessary to cure such default, (including, but not limited to, commencement of foreclosure proceedings, if necessary, to effect such cure) in which event this Lease shall not be terminated while such remedies are being so diligently pursued.

SUBORDINATION; ESTOPPEL CERTIFICATES. 21.01 This Lease is subject and subordinate to all ground leases, underlying leases, and mortgages, if any, now or hereafter made, which may now or hereafter affect the Project and to all renewals, modifications, consolidations, replacements and extensions of any such ground leases, underlying leases and mortgages. This clause shall be self-operative and no further instrument of subordination shall be necessary. Notwithstanding the foregoing, Landlord reserves the right to declare this Lease prior to the lien of any ground lease, underlying lease, or mortgage now or hereinafter placed upon the real property of which the Premises are a part by recording a written notice of such priority with the register of deeds. Tenant covenants and agrees to execute and deliver, within ten (10) days after requested by Landlord, such further instrument or instruments subordinating this Lease (or declaring the Lease prior and superior) to any lease or proposed lease or to the lien of any such mortgage or mortgages as shall reasonably be desired by Landlord, any lessor or proposed lessor, and any mortgagees or proposed mortgagees. 21.02 In the event any proceedings are brought for foreclosure of, or in the event of the conveyance by deed in lieu of foreclosure of, or in the event of the exercise of the power of sale under, any mortgage made by Landlord covering the Premises, Tenant hereby attorns to the new owner, and covenants and agrees to execute any instrument in writing reasonably satisfactory to the new owner, whereby Tenant attorns to such successor in interest and recognizes such successor as Landlord under this Lease. 21.03 Tenant, within ten (10) business days after request (at any time or times) by Landlord, will execute and deliver to Landlord an estoppel certificate, in form reasonably acceptable to Landlord, certifying: (i) to the Commencement Date and expiration date of the Term; (ii) that this Lease is unmodified and in full force and effect, or is in full force and effect as modified, stating the modifications; (iii) that Tenant does not claim that Landlord is in default in any way, or listing any such claimed defaults and that Tenant does not claim any rights of setoff, or listing such rights of setoff; (iv) to the amount of monthly rent and other sums due hereunder as of the date of the certificate, the date to which the rent has been paid in advance, and the amount of any security deposit or prepaid rent; (v) that Tenant agrees to provide any mortgagee of Landlord with notice of any default by Landlord hereunder and give such mortgagee the opportunity to cure such default within sixty (60) days of such mortgagee's receipt of notice of such default; and (vi) such other matters as may be reasonably requested by Landlord. Any such certificate may be relied upon by any prospective purchaser, mortgagee or lessor of the Premises or any part thereof.

SUBORDINATION; ESTOPPEL CERTIFICATES. 21.01 This Lease is subject and 23.01 Tenant agrees that Landlord may choose to make this lease subordinate or paramount to all ground leasesany construction loans, underlying leases, and mortgages, if any, trust deeds and ground or underlying leases now or hereafter made, which may now or hereafter affect affecting the Project Premises and to any and all advances to be made thereunder, and to the interest and charges thereon, and all renewals, modificationsreplacements, consolidations, replacements and extensions of thereon, provided the mortgagee, lessor or trustee named in any such ground leasesmortgages, underlying trust deeds or leases agrees to recognize the lease of Tenant and mortgages. This clause shall be self-operative and no further instrument not to disturb Tenant's quiet possession of subordination shall be necessary. Notwithstanding the foregoing, Landlord reserves the right to declare this Lease prior to the lien of any ground lease, underlying lease, or mortgage now or hereinafter placed upon the real property of which the Premises are a part by recording a written notice of such priority with the register of deeds. Tenant covenants and agrees to execute and deliver, within ten (10) days after requested by Landlord, such further instrument or instruments subordinating this Lease (or declaring the Lease prior and superior) to any lease or proposed lease or to the lien of any such mortgage or mortgages as shall reasonably be desired by Landlord, any lessor or proposed lessor, and any mortgagees or proposed mortgagees. 21.02 In the event any proceedings are brought for foreclosure of, or in the event of the conveyance by deed foreclosure if Tenant is not in lieu of foreclosure of, default. Tenant will execute promptly any instrument or in the event of the exercise of the power of sale under, any mortgage made by certificate that Landlord covering the Premises, Tenant hereby attorns may request to the new ownerconfirm such subordination, and covenants and agrees hereby irrevocably appoints Landlord as Tenant's attorney-in-fact to execute any such instrument in writing reasonably satisfactory to the new owner, whereby Tenant attorns to such successor in interest and recognizes such successor as Landlord under this Leaseor certificate on its behalf. 21.03 23.02 Tenant, within ten (10) days after request (at any time or timesnot to exceed once per year) by Landlord, Landlord will execute and deliver to Landlord Landlord, an estoppel certificate, in form reasonably acceptable to Landlord, certifying: (i) to certificate identifying the Commencement Date and expiration date of the Term; (ii) Term and stating that this Lease is unmodified and in full force and effect, or is in full force and effect as modified, stating the modifications; (iii) , and stating that Tenant does not claim that Landlord is in default in any way, or listing any such claimed defaults and that Tenant does not claim any rights of setoff, or listing such rights of setoff; (iv) to defaults. The certificate also will confirm the amount of monthly Base Rent and additional rent and other sums due hereunder as of the date of the certificate, the date to which the rent has been paid in advance, and the amount of any security deposit or prepaid rent; . If Tenant fails to deliver the executed certificate to Landlord within the ten (v10) that Tenant agrees to provide any mortgagee of Landlord with notice of any default by Landlord hereunder and give such mortgagee day period, the opportunity to cure such default within sixty (60) days of such mortgagee's receipt of notice of such default; and (vi) such other matters as may be reasonably requested by Landlord. Any such certificate may be relied upon by any prospective purchaser, mortgagee or lessor accuracy of the Premises or any part thereofproposed certificate will be deemed conclusively confirmed.

SUBORDINATION; ESTOPPEL CERTIFICATES. 21.01 This Lease is subject and 23.01 Tenant agrees that Landlord may choose to make this lease subordinate or paramount to all ground leasesany construction loans, underlying leases, and mortgages, if any, trust deeds and ground or underlying leases now or hereafter made, which may now or hereafter affect affecting the Project Premises and to any and all advances to be made thereunder, and to the interest and charges thereon, and all renewals, modificationsreplacements, consolidations, replacements and extensions of thereon, provided the mortgagee, lessor or trustee named in any such ground leasesmortgages, underlying trust deeds or leases and mortgages. This clause shall be self-operative and no further instrument of subordination shall be necessary. Notwithstanding the foregoing, Landlord reserves the right to declare this Lease prior to the lien of any ground lease, underlying lease, or mortgage now or hereinafter placed upon the real property of which the Premises are a part by recording a written notice of such priority with the register of deeds. Tenant covenants and agrees to execute and deliver, within ten (10) days after requested by Landlord, such further instrument or instruments subordinating this Lease (or declaring recognize the Lease prior and superior) to any lease or proposed lease or to the lien of any such mortgage or mortgages as shall reasonably be desired by Landlord, any lessor or proposed lessor, and any mortgagees or proposed mortgagees. 21.02 In the event any proceedings are brought for foreclosure of, or Tenant in the event of the conveyance by deed foreclosure if Tenant is not in lieu of foreclosure ofdefault provided that no such loan, mortgage, trust deed, or in the event lease shall materially and adversely affect any substantial right of the exercise of the power of sale under, Tenant hereunder. Tenant will execute promptly any mortgage made by instrument or certificate that Landlord covering the Premises, Tenant hereby attorns may request to the new ownerconfirm such subordination, and covenants and agrees hereby irrevocably appoints Landlord as Tenant's attorney-in-fact to execute any such instrument in writing reasonably satisfactory to the new owner, whereby Tenant attorns to such successor in interest and recognizes such successor as Landlord under this Leaseor certificate on its behalf. 21.03 23.02 Tenant, within ten (10) days after request (at any time or times) by Landlord, will execute and deliver to Landlord Landlord, an estoppel certificate, in form reasonably acceptable to Landlord, certifying: (i) to certificate identifying the Commencement Date and expiration date of the Term; (ii) Term and stating that this Lease is unmodified and in full fill force and effect, or is in full force and effect as modified, stating the modifications; (iii) , and stating that Tenant does not claim that Landlord is in default in any way, or listing any such claimed defaults and that Tenant does not claim any rights of setoff, or listing such rights of setoff; (iv) to defaults. The certificate also will confirm the amount of monthly Base Rent and additional rent and other sums due hereunder as of the date INITIALS ----------- MM / M ----------- of the certificate, the date to which the rent has been paid in advance, and the amount of any security deposit or prepaid rent; . If Tenant fails to deliver the executed certificate to Landlord within the ten (v10) day period, then after an additional ten (10) day notice by Landlord to Tenant, the accuracy of the proposed certificate will be deemed conclusively confirmed. 23.3 Notwithstanding anything to the contrary contained in this Lease, Landlord agrees that Tenant agrees to provide any mortgagee of Landlord may pledge, hypothecate or otherwise encumber its interests in the leased property and under this Lease in connection with notice of any default by Landlord hereunder and give such mortgagee the opportunity to cure such default within sixty (60) days of such mortgageeits or its corporate parent's receipt of notice of such default; and (vi) such other matters as may be reasonably requested by Landlord. Any such certificate may be relied upon by any prospective purchaser, mortgagee existing or lessor of the Premises or any part thereoffuture secured borrowing arrangements.

SUBORDINATION; ESTOPPEL CERTIFICATES. 21.01 This 19.01 Tenant agrees that this Lease is will be subject and subordinate to any present or future mortgage encumbering the Premises and all ground leasesrenewals and extensions thereof, underlying leasessubject to the terms of this Section 19.01. The Landlord agrees to deliver to Tenant simultaneously with the execution of this Lease and thereafter simultaneously with the creation of any mortgage by Landlord, as a condition of this Lease, a Subordination, Nondisturbance and mortgagesAttornment Agreement substantially in the form of Exhibit "_____" attached hereto, if any, now or hereafter madesigned by Landlord and its mortgagee, which may now or hereafter affect will subordinate Tenant's interest hereunder to the Project and to all renewals, modifications, consolidations, replacements and extensions interest of any such ground leases, underlying leases and mortgages. This clause shall be self-operative and no further instrument of subordination shall be necessary. Notwithstanding mortgagee holding a mortgage lien upon the foregoing, Landlord reserves the right to declare this Lease prior Premises subject to the lien of any ground lease, underlying lease, or mortgage now or hereinafter placed upon the real property of which the Premises are a part by recording a written notice of such priority with the register of deedsnondisturbance provisions contained therein. Tenant covenants and agrees to execute and deliverdeliver the same agreement to Landlord. 19.02 Landlord, within ten twenty (10) days after requested by Landlord, such further instrument or instruments subordinating this Lease (or declaring the Lease prior and superior) to any lease or proposed lease or to the lien of any such mortgage or mortgages as shall reasonably be desired by Landlord, any lessor or proposed lessor, and any mortgagees or proposed mortgagees. 21.02 In the event any proceedings are brought for foreclosure of, or in the event of the conveyance by deed in lieu of foreclosure of, or in the event of the exercise of the power of sale under, any mortgage made by Landlord covering the Premises, Tenant hereby attorns to the new owner, and covenants and agrees to execute any instrument in writing reasonably satisfactory to the new owner, whereby Tenant attorns to such successor in interest and recognizes such successor as Landlord under this Lease. 21.03 Tenant, within ten (1020) days after request (at any time or times) by LandlordTenant, will execute and deliver to Landlord Tenant, an estoppel certificate, in form reasonably acceptable to LandlordTenant, certifying: ; (i) to the Commencement Date and expiration date dates of the Term; (ii) that this Lease is unmodified and in full force and effect, or is in full force and effect as modified, stating the modifications; (iii) that Tenant does not claim that Landlord is in default in any way, or listing any such claimed defaults and that Tenant does not claim any rights right of setoff, or listing such rights right of setoff; (iv) to the amount of monthly rent and other sums due hereunder as of the date of the certificate, the date to which the rent has been and other sums have bee paid in advance, and the amount of any security deposit or prepaid rent; and (v) that Tenant agrees to provide any mortgagee of Landlord with notice of any default by Landlord hereunder and give such mortgagee the opportunity to cure such default within sixty (60) days of such mortgagee's receipt of notice of such default; and (vi) such other matters as may be reasonably requested by LandlordTenant, including, but not limited to, the matters set forth in Section 13. Any such certificate may be relied upon on by any prospective purchaser, mortgagee or lessor mortgagee, assignee of sub-tenant of the Premises or any part thereof.

SUBORDINATION; ESTOPPEL CERTIFICATES. 21.01 This 23.01 Tenant agrees that Landlord may choose to make this Lease is subject and subordinate or paramount to all ground leasesany construction loans, underlying leases, and mortgages, if any, trust deeds and ground or underlying leases now or hereafter made, which may now or hereafter affect affecting the Project Premises and to any and all advances to be made thereunder, and to the interest and charges thereon, and all renewals, modifications, consolidations, replacements and extensions of thereon, provided the mortgagee, lessor or trustee named in any such ground leasesmortgages, underlying trust deeds or leases and mortgages. This clause shall be self-operative and no further instrument of subordination shall be necessary. Notwithstanding the foregoing, Landlord reserves the right agrees to declare recognize this Lease prior to the lien of any ground lease, underlying lease, or mortgage now or hereinafter placed upon the real property of which the Premises are a part by recording a written notice of such priority with the register of deeds. Tenant covenants and agrees to execute and deliver, within ten (10) days after requested by Landlord, such further instrument or instruments subordinating this Lease (or declaring the Lease prior and superior) to any lease or proposed lease or to the lien of any such mortgage or mortgages as shall reasonably be desired by Landlord, any lessor or proposed lessor, and any mortgagees or proposed mortgagees. 21.02 In the event any proceedings are brought for foreclosure of, or Tenant's rights hereunder in the event of foreclosure if Tenant is not in default. Tenant will execute promptly any instrument or certificate that Landlord may request to confirm such subordination, provided any such instrument or certificate is in a form and substance reasonably acceptable to Tenant. Within thirty (30) days following the conveyance date hereof, Landlord shall furnish Tenant with a subordination and non-disturbance agreement, executed by deed in lieu of foreclosure of, or in the event of the exercise of the power of sale under, mortgagee under any mortgage made by Landlord covering the PremisesBuilding and Real Estate, Tenant hereby attorns which shall be in a form and substance reasonably acceptable to the new owner, and covenants and agrees to execute any instrument in writing reasonably satisfactory to the new owner, whereby Tenant attorns to such successor in interest and recognizes such successor as Landlord under this LeaseTenant. 21.03 23.02 Tenant, within ten fifteen (1015) days after reasonable request (at any time or times) by Landlord, will execute and deliver to Landlord an estoppel certificate, in form reasonably acceptable to Landlord, certifying: (i) to certificate identifying the Commencement Date and expiration date of the Term; (ii) Term and stating that this Lease is unmodified and in full force and effect, effect or is in full force and effect as modified, stating the modifications; (iii) modifications and stating that Tenant does not claim that Landlord is in default in any way, way or listing any such claimed defaults and that Tenant does not claim any rights of setoff, or listing such rights of setoff; (iv) to defaults. The certificate also will confirm the amount of monthly Base Rent and additional rent and other sums due hereunder as of the date of the certificate, the date to which the rent has been paid in advance, advance and the amount of any security deposit or prepaid rent; (v) that Tenant agrees to provide any mortgagee of Landlord with notice of any default by Landlord hereunder and give such mortgagee the opportunity to cure such default within sixty (60) days of such mortgagee's receipt of notice of such default; and (vi) such other matters as may be reasonably requested by Landlord. Any such certificate may be relied upon by any prospective purchaser, mortgagee or lessor of the Premises or any part thereof.

SUBORDINATION; ESTOPPEL CERTIFICATES. 21.01 This 16.01 Tenant agrees that Landlord may choose to make this Lease is subject and subordinate to all ground leases, underlying leases, and mortgages, if any, or paramount to any mortgage now or hereafter made, which may now or hereafter affect affecting the Project premises and to any and all advances to be made thereunder or to be secured thereby, and to the intere9t and charges thereon, and all renewals, modifications, consolidations, replacements and extensions of thereof, provided the mortgagee named in any such ground leases, underlying leases and mortgages. This clause shall be self-operative and no further instrument of subordination shall be necessary. Notwithstanding the foregoing, Landlord reserves the right mortgage agrees to declare recognize Tenant's rights under this Lease prior to in the lien event of any ground lease, underlying lease, or mortgage now or hereinafter placed upon the real property of which the Premises are a part by recording a written notice of such priority with the register of deeds. foreclosure if Tenant covenants and agrees to execute and deliver, within ten (10) days after requested by Landlord, such further instrument or instruments subordinating is not in default under this Lease (or declaring if in default, Tenant or Leasehold Mortgagee cures the Lease prior default within any applicable notice and superiorrace period) . Tenant will execute promptly any instrument or certificate that Landlord may request to any lease or proposed lease or to the lien of any confirm such mortgage or mortgages as shall reasonably be desired by Landlord, any lessor or proposed lessorsubordination, and any mortgagees hereby irrevocably appoints Landlord as Tenant's attorney-in-fact to execute such instrument or proposed mortgageescertificate on its behalf. 21.02 In the event any proceedings are brought for foreclosure of, or in the event of the conveyance by deed in lieu of foreclosure of, or in the event of the exercise of the power of sale under, any mortgage made by Landlord covering the Premises, Tenant hereby attorns to the new owner, and covenants and agrees to execute any instrument in writing reasonably satisfactory to the new owner, whereby Tenant attorns to such successor in interest and recognizes such successor as Landlord under this Lease. 21.03 16.02 Tenant, within ten (10) days after request (at any time anytime or times) by Landlord, will execute and deliver to Landlord Landlord, an estoppel certificate, in form reasonably acceptable to Landlord, certifying: (i) to certificate proposed by Landlord identifying the Commencement Date and expiration date of the Term; (ii) this Lease and stating that this Lease is unmodified and in full force and effect, or is in full force and effect as modified, stating the modifications; (iii) , and stating that Tenant does not claim that Landlord is in default in any way, or listing any such claimed defaults and that Tenant does not claim any rights of setoff, or listing such rights of setoff; (iv) to defaults. The certificate also will confirm the amount of monthly any additional rent and other sums due hereunder as of the date of the certificate. If Tenant fails to deliver the executed certificate to Landlord within the ten (10) day period, the date to which accuracy of the rent has been paid in advanceproposed certificate will be deemed conclusively confirmed. Landlord shall, and the amount of any security deposit or prepaid rent; within ten (v) that Tenant agrees to provide any mortgagee of Landlord with notice of any default by Landlord hereunder and give such mortgagee the opportunity to cure such default within sixty (6010) days of such mortgagee's receipt of notice of such default; after request by Tenant, execute and (vi) such other matters as may be reasonably requested by Landlord. Any such certificate may be relied upon by any prospective purchaser, mortgagee or lessor of the Premises or any part thereofdeliver to Tenant a similar estoppel certificate.