Common use of SUBORDINATION; ESTOPPEL CERTIFICATES Clause in Contracts

SUBORDINATION; ESTOPPEL CERTIFICATES. At the option of Landlord, Tenant agrees that this Lease shall remain subject and subordinate to all present and future mortgages, deeds to secure debt or other security instruments (the "Security Deeds") affecting the Building or the Premises, and Tenant shall, within ten (10) days after written request, execute and deliver to Landlord such certificate or certificates in writing as Landlord may request, showing the subordination of the Lease to such Security Deeds. In addition, Tenant shall, within ten (10) days after written request, at any time and from time to time execute, acknowledge and deliver to Landlord a written statement addressed to Landlord, any mortgagee or assignee of Landlord's interest in, or purchaser of, the Building or any portion thereof, certifying as follows: (i) that this Lease is unmodified and in full force and effect (or if there has been modification thereof, that the same is in full force and effect as modified and stating the nature thereof); (ii) that to the best of its knowledge there are no uncured defaults on the part of Landlord (or if any such default exists, the specific nature and extent thereof); (iii) that there are no defenses or offsets against the enforcement of the Lease (or stating those claimed by Tenant); (iv) the date to which any rents and other charges have been paid in advance, if any; and (v) such other matters as Landlord or such mortgagee, assignee or purchaser may reasonably request. Any such certificate or statement shall, at Landlord's request, be in recordable form and be recorded in the public records, and may be relied upon by Landlord, any mortgagee, proposed mortgagee, assignee, purchaser and any other party to whom such certificate or statement is addressed. Tenant's failure to execute such certificate or statement within thirty (30) days after written request shall constitute an immediate default by Tenant hereunder, without the requirement of any further notice, grace period or cure period.

SUBORDINATION; ESTOPPEL CERTIFICATES. At the option of Landlord, Tenant agrees that this Lease is and shall remain subject and subordinate to all present and future mortgages, deeds to secure debt or other security instruments instruments, including all advances, amendments, modifications, renewals, consolidations and extensions thereof (the "“Security Deeds"”) affecting the Building or the Premises. The terms of this provision shall be self-operative and no further instrument or subordination shall be required. Tenant, and Tenant however, upon request of any party in interest shall, within ten (10) days after written request, execute and deliver to Landlord such interested party such certificate or certificates in writing as Landlord may requestbe requested, showing the subordination of the Lease to such Security Deeds. In addition, Tenant shall, within ten (10) days after written request, at any time and from time to time execute, acknowledge and deliver to Landlord a written statement addressed to Landlord, any mortgagee or assignee of Landlord's ’s interest in, or purchaser of, the Building or any portion thereof, certifying as follows: (i) that this Lease is unmodified and in full force and effect (or if there has been modification thereof, that the same is in full force and effect as modified and stating the nature thereof); (ii) that to the best of its knowledge there are no uncured defaults on the part of Landlord (or if any such default exists, the specific nature and extent thereof); (iii) that there are no defenses or offsets against the enforcement of the Lease (or stating those claimed by Tenant); (iv) the date to which any rents and other charges have been paid in advance, if any; and (v) such other matters as Landlord or such mortgagee, assignee or purchaser may reasonably request. Any such certificate or statement shall, at Landlord's ’s request, be in recordable form and be recorded in the public records, and may be relied upon by Landlord, any mortgagee, proposed mortgagee, assignee, purchaser and any other party to whom such certificate or statement is addressed. Tenant's ’s failure to execute such certificate or statement within thirty ten (3010) days after written request shall constitute an immediate default by Tenant hereunder, without the requirement of any further notice, grace period or cure period. Should Landlord encumber the property, Landlord will provide Tenant with a reasonably acceptable non-disturbance agreement. Should Tenant require an Estoppel from Landlord, Landlord will furnish a document reasonably acceptable to Landlord and Tenant.

SUBORDINATION; ESTOPPEL CERTIFICATES. At the option of Landlord, Tenant agrees that this Lease shall remain subject and subordinate to all present and future mortgages, deeds to secure debt or other security instruments (the "“Security Deeds"”) affecting the Building or the Premises, and Tenant shall, within ten (10) days after written request, shall promptly execute and deliver to Landlord such certificate or certificates in writing as Landlord may request, showing the subordination of the Lease to such Security Deeds, and in default of Tenant so doing. In additionLandlord shall be and is hereby authorized and empowered to execute such certificate in the name of and as the act and deed of Tenant, this authority being hereby declared to be coupled with an interest and to be irrevocable. Tenant shall, within ten (10) days after written request, shall upon request from Landlord at any time and from time to time execute, acknowledge and deliver to Landlord a written statement addressed to Landlord, any mortgagee or assignee of Landlord's interest in, or purchaser of, the Building or any portion thereof, certifying as follows: (i) that this Lease is unmodified and in full force and effect (or if there has been modification thereof, that the same is in full force and effect as modified and stating the nature thereof); (ii) that to the best of its knowledge there are no uncured defaults on the part of Landlord (or if any such default exists, the specific nature and extent thereof); (iii) that there are no defenses or offsets against the enforcement of the Lease (or stating those claimed by Tenant); (iv) the date to which any rents and other charges have been paid in advance, if any; and (viv) such other matters as Landlord or such mortgagee, assignee or purchaser may reasonably request. Any such certificate or statement shallIn the event that Tenant fails to comply with the provisions above. Tenant irrevocably appoints Landlord as its attorney-in-fact, at Landlord's requestcoupled with an interest, be in recordable form to execute and be recorded deliver, for and in the public records, and may be relied upon by Landlordname of Tenant, any mortgagee, proposed mortgagee, assignee, purchaser and any other party to whom such certificate document or statement is addressed. Tenant's failure to execute such certificate or statement within thirty (30) days after written request shall constitute an immediate default by Tenant hereunder, without the requirement of any further notice, grace period or cure periodinstrument provided for in this Paragraph.

SUBORDINATION; ESTOPPEL CERTIFICATES. (a) At the option of Landlord, Tenant agrees that this Lease shall remain subject and subordinate to all present and future mortgages, deeds to secure debt or other security instruments (the "Security Deeds") affecting the Building or the Premises, and Tenant shall, within ten (10) days after written request, shall promptly execute and deliver to Landlord such certificate or certificates in writing as Landlord may request, showing the subordination of the Lease to such Security Deeds, and in default of Tenant so doing, Landlord shall be and is hereby authorized and empowered to execute such certificate in the name of and as the act and deed of Tenant, this authority being hereby declared to be coupled with an interest and to be irrevocable. In addition, Tenant shall, within ten (10) days after written request, shall upon request from Landlord at any time and from time to time execute, acknowledge and deliver to Landlord a written statement addressed to Landlord, any mortgagee or assignee of Landlord's interest in, or purchaser of, the Building or any portion thereof, certifying as follows: (i) that this Lease is unmodified and in full force and effect (or if there has been modification thereof, that the same is in full force and effect as modified and stating the nature thereof); (ii) that to the best of its knowledge there are no uncured defaults on the part of Landlord (or if any such default exists, the specific nature and extent thereof); (iii) that there are no defenses or offsets against the enforcement of the Lease (or stating those claimed by Tenant); (iv) the date to which any rents and other charges have been paid in advance, if any; and (viv) such other matters as Landlord or such mortgagee, assignee or purchaser may reasonably request. Any such certificate In the event that Tenant fails to comply with the provisions above, Tenant irrevocably appoints Landlord as its attorney-in-fact, coupled with an interest, to execute and deliver, for and in the name of Tenant, any document or statement shallinstrument provided for in this Paragraph. (b) If a mortgage is placed on the Building or the Park, at Landlord's requestLandlord shall obtain from the holders of any Mortgage or the Lessor under a superior lease an agreement (a "Subordination, be Non-Disturbance and Attornment Agreement") in recordable form and that provides in substance that, so long as Tenant shall not then be recorded in default-in the public recordsperformance of any of its obligations under this Lease beyond any period provided for herein for the cure of such default, and may be relied upon by Landlord, any mortgagee, proposed mortgagee, assignee, purchaser and any other party to whom such certificate or statement is addressed. Tenant's failure possession of the Premises in accordance with this Lease shall not be disturbed and attornment to execute the Lease with the same material economic terms shall be provided by such certificate person giving the Subordination, Non-Disturbance and Attornment Agreement or statement within thirty (30) days after written request any successor which shall constitute an immediate default by Tenant hereunder, without succeed to the requirement rights of any further notice, grace period or cure periodLandlord under this Lease.

SUBORDINATION; ESTOPPEL CERTIFICATES. At Landlord represents and warrants to Tenant that, as of the option date of Landlordthis Lease neither the Premises nor the Building is encumbered by any mortgage, deed to secure debt or other security instrument. Tenant agrees that this Lease is and shall remain subject and subordinate to all present and future mortgages, deeds to secure debt or other security instruments instruments, including all advances, amendments, modifications, renewals, consolidations and extensions thereof (the "Security DeedsSECURITY DEEDS") affecting the Building or the Premises; provided, however, that as a part of any such subordination, Landlord, Tenant and Tenant shalllender shall enter into a Subordination, within ten (10) days after written requestNon-Disturbance and Attornment Agreement in substantially the form attached hereto as Exhibit "K", execute and deliver to Landlord such certificate or certificates in writing as Landlord may request, showing the subordination of the Lease to such Security Deedsby this reference incorporated herein. In addition, Tenant shall, within ten (10) business days after written request, at any time and from time to time execute, acknowledge and deliver to Landlord a written statement addressed to Landlord, any mortgagee or assignee of Landlord's interest in, or purchaser of, the Building or any portion thereof, certifying as follows: (i) that this Lease is unmodified and in full force and effect (or if there has been modification thereof, that the same is in full force and effect as modified and stating the nature thereof); (ii) that to the best of its actual knowledge there are no uncured defaults on the part of Landlord (or if any such default exists, the specific nature and extent thereof); (iii) that to the best of its actual knowledge there are no defenses or offsets against the enforcement of the Lease (or stating those claimed by Tenant); (iv) the date to which any rents and other charges have been paid in advance, if any; and (v) such other matters as Landlord or such mortgagee, assignee or purchaser may reasonably request. Any such certificate or statement shall, at Landlord's request, be in recordable form and be recorded in the public records, and may be relied upon by Landlord, any mortgagee, proposed mortgagee, assignee, purchaser and any other party to whom such certificate or statement is addressed. Tenant's failure to execute such certificate or statement within thirty ten (3010) business days after a subsequent written request by Landlord shall constitute an immediate default by Tenant hereunder, without the requirement of any further notice, grace period or cure period. Notwithstanding the foregoing, in the event Landlord encumbers the Building and/or Premises with a mortgage or deed to secure debt following the date hereof, Tenant's agreement to subordinate this Lease is subject to entering into a subordination, non-disturbance and attornment agreement with Landlord's lender utilizing the form of Subordination, Non-Disturbance and Attornment Agreement substantially in the form as attached hereto as Exhibit "K", provided, Landlord shall reimburse Tenant for one-half (1/2) of its reasonable and actual attorney fees associated with the negotiation of the subordination, non-disturbance and attornment agreement.

SUBORDINATION; ESTOPPEL CERTIFICATES. At Landlord represents to Tenant that the option Building and Premises are not encumbered by any mortgage or deed to secure debt as of Landlord, the Effective Date. Tenant agrees that this Lease shall remain be subject and subordinate to all present and future mortgages, deeds to secure debt or other security instruments instruments, including all advances, amendments, modifications, renewals, consolidations and extensions thereof (the "Security DeedsSECURITY DEEDS") affecting the Building or the PremisesPremises provided Landlord, Tenant and Tenant shallthe lender execute a subordination, within ten (10) days after written request, execute non-disturbance and deliver attornment agreement reasonably satisfactory to Landlord such certificate and Tenant. The terms of this provision shall be self-operative and no further instrument or certificates in writing as Landlord may request, showing the subordination of the Lease to such Security Deedsshall be required. In addition, Tenant shall, within ten (10) business days after written request, at any time and from time to time execute, acknowledge and deliver to Landlord a written statement addressed to Landlord, any mortgagee or assignee of Landlord's interest in, or purchaser of, the Building or any portion thereof, certifying as follows: (i) that this Lease is unmodified and in full force and effect (or if there has been modification thereof, that the same is in full force and effect as modified and stating the nature thereof); (ii) that to the best of its knowledge there are no uncured defaults on the part of Landlord (or if any such default exists, the specific nature and extent thereof); (iii) that there are no defenses or offsets against the enforcement of the Lease (or stating those claimed by Tenant); (iv) the date to which any rents and other charges have been paid in advance, if any; and (v) such other matters as Landlord or such mortgagee, assignee or purchaser may reasonably request. Any such certificate or statement shall, at Landlord's request, be in recordable form and be recorded in the public records, and may be relied upon by Landlord, any mortgagee, proposed mortgagee, assignee, purchaser and any other party to whom such certificate or statement is addressed. Tenant's failure to execute such certificate or statement within thirty (30) days after written request shall constitute an immediate default by Tenant hereunder, without the requirement of any further notice, grace period or cure period.

SUBORDINATION; ESTOPPEL CERTIFICATES. At the option of Landlord, Tenant agrees that this Lease shall remain subject and subordinate to all present and future mortgages, deeds to secure debt or other security instruments (the "“Security Deeds"”) affecting the Building or the Premises, and Tenant shall, within ten (10) days after written request, shall promptly execute and deliver to Landlord such certificate or certificates in writing as Landlord may request, showing the subordination of the Lease to such Security Deeds, and in default of Tenant so doing, Landlord shall be and is hereby authorized and empowered to execute such certificate in the name of and as the act and deed of Tenant, this authority being hereby declared to be coupled with an interest and to be irrevocable. In addition, Tenant shall, within ten (10) days after written request, shall upon request from Landlord at any time and from time to time execute, acknowledge and deliver to Landlord a written statement addressed to Landlord, any mortgagee or assignee of Landlord's interest in, or purchaser of, the Building or any portion thereof, certifying as follows: (i) that this Lease is unmodified and in full force and effect (or if there has been modification thereof, that the same is in full force and effect as modified and stating the nature thereof); (ii) that to the best of its knowledge there are no uncured defaults on the part of Landlord (or if any such default exists, the specific nature and extent thereof); (iii) that there are no defenses or offsets against the enforcement of the Lease (or stating those claimed by Tenant); (iv) the date to which any rents and other charges have been paid in advance, if any; and (viv) such other matters as Landlord or such mortgagee, assignee or purchaser may reasonably request. Any such certificate or statement shallIn the event that Tenant fails to comply with the provisions above, at Landlord's requestTenant irrevocably appoints Landlord as its attorney-in-fact, be in recordable form coupled with an interest, to execute and be recorded deliver, for and in the public records, and may be relied upon by Landlordname of Tenant, any mortgagee, proposed mortgagee, assignee, purchaser and any other party to whom such certificate document or statement is addressed. Tenant's failure to execute such certificate or statement within thirty (30) days after written request shall constitute an immediate default by Tenant hereunder, without the requirement of any further notice, grace period or cure periodinstrument provided for in this Paragraph.

SUBORDINATION; ESTOPPEL CERTIFICATES. (a) At the option of Landlord, Tenant agrees that this Lease shall remain subject and subordinate to all present and future mortgages, deeds to secure debt or other security instruments (the "Security Deeds") affecting the Building or the Premises, and Tenant shall, within ten (10) days after written request, shall promptly execute and deliver to Landlord such certificate or certificates in writing as Landlord may request, showing the subordination of the Lease to such Security Deeds, and in default of Tenant so doing, Landlord shall be and is hereby authorized and empowered to execute such certificate in the name of and as the act and deed of Tenant, this authority being hereby declared to be coupled with an interest and to be irrevocable. In addition, Tenant shall, within ten (10) days after written request, shall upon request from Landlord at any time and from time to time execute, acknowledge and deliver to Landlord a written statement addressed to Landlord, any mortgagee or assignee of Landlord's interest in, or purchaser of, the Building or any portion thereof, certifying as follows: (i) that this Lease is unmodified and in full force and effect (or if there has been modification thereof, that the same is in full force and effect as modified and stating the nature thereof); (ii) that to the best of its knowledge there are no uncured defaults on the part of Landlord (or if any such default exists, the specific nature and extent thereof); (iii) that there are no defenses or offsets against the enforcement of the Lease (or stating those claimed by Tenant); (iv) the date to which any rents and other charges have been paid in advance, if any; and (viv) such other matters as Landlord or such mortgagee, assignee or purchaser may reasonably request. Any . (b) Notwithstanding anything contained herein to the contrary, the subordination of this Lease and Tenant's rights hereunder to any Security Deed is and shall be conditioned upon the holder of such certificate or statement shallSecurity Deed agreeing, at Landlord's request, be in a duly executed writing in recordable form reasonably acceptable to Tenant and be recorded in the public recordssuch holder, that this Lease and may be relied upon by Landlord, any mortgagee, proposed mortgagee, assignee, purchaser and any other party to whom such certificate or statement is addressed. Tenant's failure to execute such certificate rights hereunder shall not be divested or statement within thirty (30) days after written request shall constitute an immediate in any way affected by any foreclosure or other default proceedings thereunder so long as there exists no event of Default under the terms and provisions of this Lease which has not been cured by Tenant hereunder, without the requirement of within any further notice, grace period or applicable cure period.