Common use of SUBORDINATION; ESTOPPEL CERTIFICATES Clause in Contracts

SUBORDINATION; ESTOPPEL CERTIFICATES. 17.01. Tenant agrees that Landlord may choose to make this lease subordinate or paramount to any mortgages and ground or underlying leases now or hereafter affecting the 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, replacements and extensions thereof, provided the mortgagee or lessor named in any such mortgages or leases agrees to recognize the lease of Tenant in the event of foreclosure if Tenant is not in default. Without limiting the foregoing Landlord shall use its reasonable efforts to obtain a Subordination, Non-Disturbance and Attornment agreement in form and substance reasonably acceptable to Tenant from the holder of any such mortgage or lease. 17.02. Either party shall, without charge, within ten (10) business days after request of the other, certify by written instrument to the best of their knowledge: (a) as to whether this Lease has been modified or amended, and if so, the substance and manner of such modification or amendment; (b) as to the validity and force and effect of this Lease, in accordance with its tenor as then constituted; (c) as to the existence of any default under this Lease; (d) as to the existence of any offsets, counterclaims or defenses thereto on the part of either party; (e) as to the commencement and expiration dates of the term of this Lease; and (f) as to any other matters as may reasonably be so requested. Any such certificate may be relied upon by the party requesting it and any other person, firm or corporation to whom the same may be exhibited or delivered, and the contents of such certificate shall be binding on the party executing same.

SUBORDINATION; ESTOPPEL CERTIFICATES. 17.01. 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 promptly execute and deliver to Landlord such certificate or certificates in writing as Landlord may choose request, showing the subordination of the Lease to make 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 lease subordinate or paramount authority being hereby declared to any mortgages and ground or underlying leases now or hereafter affecting the Premises be coupled with an interest and to be irrevocable. Tenant shall upon request from Landlord at any time and all advances from time to be made thereunder time execute, acknowledge and deliver to Landlord a written statement certifying as follows: (i) that this Lease is unmodified and in full force and effect (or to be secured thereby and to the interest and charges thereon, and all renewals, replacements and extensions if there has been modification thereof, provided that the mortgagee or lessor named same is in any such mortgages or leases agrees to recognize full force and effect as modified and stating the lease of Tenant in the event of foreclosure if Tenant is not in default. Without limiting the foregoing Landlord shall use its reasonable efforts to obtain a Subordination, Non-Disturbance and Attornment agreement in form and substance reasonably acceptable to Tenant from the holder of any such mortgage or lease. 17.02. Either party shall, without charge, within ten nature thereof); (10ii) business days after request of the other, certify by written instrument that to the best of their knowledge: (a) as to whether this Lease has been modified or amended, and if so, the substance and manner of such modification or amendment; (b) as to the validity and force and effect of this Lease, in accordance with its tenor as then constituted; (c) as to the existence of any default under this Lease; (d) as to the existence of any offsets, counterclaims or defenses thereto knowledge there are no uncured defaults on the part of either partyLandlord (or if any such default exists, the specific nature and extent thereof); (eiii) as the date to the commencement which any rents and expiration dates of the term of this Leaseother charges have been paid in advance, if any; and (fiv) as to any such other matters as Landlord may reasonably be so requestedrequest. Any such certificate may be relied upon by In the party requesting it 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 other person, firm document or corporation to whom the same may be exhibited or delivered, and the contents of such certificate shall be binding on the party executing sameinstrument provided for in this Paragraph.

SUBORDINATION; ESTOPPEL CERTIFICATES. 17.01. 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 promptly execute and deliver to Landlord such certificate or certificates in writing as Landlord may choose request, showing the subordination of the Lease to make such Security Deeds, and in default of Tenant so doing, Landlord shall be and is hereby authorized and empowered to execute such certificate 26 in the name of and as the act and deed of Tenant, this lease subordinate or paramount authority being hereby declared to any mortgages and ground or underlying leases now or hereafter affecting the Premises be coupled with an interest and to be irrevocable. Tenant shall upon request from Landlord at any time and all advances from time to be made thereunder time execute, acknowledge and deliver to Landlord a written statement certifying as follows: (i) that this Lease is unmodified and in full force and effect (or to be secured thereby and to the interest and charges thereon, and all renewals, replacements and extensions if there has been modification thereof, provided that the mortgagee or lessor named same is in any such mortgages or leases agrees to recognize full force and effect as modified and stating the lease of Tenant in the event of foreclosure if Tenant is not in default. Without limiting the foregoing Landlord shall use its reasonable efforts to obtain a Subordination, Non-Disturbance and Attornment agreement in form and substance reasonably acceptable to Tenant from the holder of any such mortgage or lease. 17.02. Either party shall, without charge, within ten nature thereof); (10ii) business days after request of the other, certify by written instrument that to the best of their knowledge: (a) as to whether this Lease has been modified or amended, and if so, the substance and manner of such modification or amendment; (b) as to the validity and force and effect of this Lease, in accordance with its tenor as then constituted; (c) as to the existence of any default under this Lease; (d) as to the existence of any offsets, counterclaims or defenses thereto knowledge there are no uncured defaults on the part of either partyLandlord (or if any such default exists, the specific nature and extent thereof); (eiii) as the date to the commencement which any rents and expiration dates of the term of this Leaseother charges have been paid in advance, if any; and (fiv) as to any such other matters as Landlord may reasonably be so requestedrequest. Any such certificate may be relied upon by In the party requesting it event Tenant fails to comply with the above provisions within twenty (20) calendar days, 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 other person, firm document or corporation to whom the same may be exhibited or delivered, and the contents of such certificate shall be binding on the party executing sameinstrument provided for in this Paragraph. 22.

SUBORDINATION; ESTOPPEL CERTIFICATES. 17.01. Tenant agrees that Landlord may choose to make this lease subordinate or paramount to any mortgages and ground or underlying leases now or hereafter affecting the 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, replacements and extensions thereof, provided the mortgagee or lessor named in any such mortgages or leases agrees to recognize the lease of Tenant in the event of foreclosure if Tenant is not in default. Without limiting the foregoing Landlord shall use its reasonable efforts to obtain a Subordination, Non-Disturbance and Attornment agreement in form and substance reasonably acceptable to Tenant from the holder of any such mortgage or lease. 17.02. Either party shall, without charge, within ten (10) business days after request of the other, certify by written instrument to the best of their knowledge: (a) as to whether this Lease has been modified or amended, and if so, the substance and manner of such modification or amendment; (b) as to the validity and force and effect of this Lease, in accordance with its tenor as then constituted; (c) as to the existence of any default under this Lease; (d) as to the existence of any offsets, counterclaims or defenses thereto on the part of either party; (e) as to the commencement and expiration dates of the term of this Lease; and (f) as to any other matters as may reasonably be so requested. Any such certificate may be relied upon by the party requesting it and any other person, firm or corporation to whom the same may be exhibited or delivered, and the contents of such certificate shall be binding on the party executing same.. SECTION 18

SUBORDINATION; ESTOPPEL CERTIFICATES. 17.01Landlord represents and warrants to Tenant that, as of the date of this Lease neither the Premises nor the Building is encumbered by any mortgage, deed to secure debt or other security instrument. Tenant agrees that Landlord may choose this Lease is and shall remain subject and subordinate to make this lease subordinate all future mortgages, deeds to secure debt or paramount to any mortgages other security instruments, including all advances, amendments, modifications, renewals, consolidations and ground or underlying leases now or hereafter extensions thereof (the "SECURITY DEEDS") affecting the Premises and to any and all advances to be made thereunder Building or to be secured thereby and to the interest and charges thereonPremises; provided, and all renewalshowever, replacements and extensions thereof, provided the mortgagee or lessor named in that as a part of any such mortgages or leases agrees to recognize the lease of subordination, Landlord, Tenant in the event of foreclosure if Tenant is not in default. Without limiting the foregoing Landlord and lender shall use its reasonable efforts to obtain enter into a Subordination, Non-Disturbance and Attornment agreement Agreement in substantially the form and substance reasonably acceptable to attached hereto as Exhibit "K", by this reference incorporated herein. In addition, Tenant from the holder of any such mortgage or lease. 17.02. Either party shall, without charge, within ten (10) business days after request 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 otherBuilding or any portion thereof, certify by written instrument 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 their knowledge: (a) as to whether this Lease has been modified or amended, and if so, the substance and manner of such modification or amendment; (b) as to the validity and force and effect of this Lease, in accordance with its tenor as then constituted; (c) as to the existence of any default under this Lease; (d) as to the existence of any offsets, counterclaims or defenses thereto actual knowledge there are no uncured defaults on the part of either partyLandlord (or if any such default exists, the specific nature and extent thereof); (eiii) as that to the commencement and expiration dates best of its actual knowledge there are no defenses or offsets against the enforcement of the term of this LeaseLease (or stating those claimed by Tenant); (iv) the date to which any rents and other charges have been paid in advance, if any; and (fv) as to any such other matters as Landlord or such mortgagee, assignee or purchaser may reasonably be so requestedrequest. 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 the party requesting it Landlord, any mortgagee, proposed mortgagee, assignee, purchaser and any other person, firm or corporation party to whom the same may be exhibited or delivered, and the contents of such certificate or statement is addressed. Tenant's failure to execute such certificate or statement within ten (10) business days after a subsequent written request by Landlord shall be binding on constitute an immediate default by Tenant hereunder, without the party executing samerequirement 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. 17.01. Tenant agrees that Landlord may choose this Lease is and shall remain subject and subordinate to make this lease subordinate all present and future mortgages, deeds to secure debt or paramount to any mortgages other security instruments, including all advances, amendments, modifications, renewals, consolidations and ground or underlying leases now or hereafter extensions thereof (the “Security Deeds”) affecting the Premises Building or the Premises. The terms of this provision shall be self-operative and to any and all advances to no further instrument or subordination shall be made thereunder or to be secured thereby and to the interest and charges thereonrequired. Tenant, and all renewalshowever, replacements and extensions thereof, provided the mortgagee or lessor named in any such mortgages or leases agrees to recognize the lease of Tenant in the event of foreclosure if Tenant is not in default. Without limiting the foregoing Landlord shall use its reasonable efforts to obtain a Subordination, Non-Disturbance and Attornment agreement in form and substance reasonably acceptable to Tenant from the holder upon request of any such mortgage or lease. 17.02. Either party in interest shall, without charge, within ten (10) business days after request written request, execute and deliver to such interested party such certificate or certificates in writing as may be requested, showing the subordination of the otherLease to such Security Deeds. In addition, certify by Tenant shall, within ten (10) days after written instrument 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 their knowledge: (a) as to whether this Lease has been modified or amended, and if so, the substance and manner of such modification or amendment; (b) as to the validity and force and effect of this Lease, in accordance with its tenor as then constituted; (c) as to the existence of any default under this Lease; (d) as to the existence of any offsets, counterclaims or defenses thereto knowledge there are no uncured defaults on the part of either partyLandlord (or if any such default exists, the specific nature and extent thereof); (eiii) as to that there are no defenses or offsets against the commencement and expiration dates enforcement of the term of this LeaseLease (or stating those claimed by Tenant); (iv) the date to which any rents and other charges have been paid in advance, if any; and (fv) as to any such other matters as Landlord or such mortgagee, assignee or purchaser may reasonably be so requestedrequest. 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 the party requesting it Landlord, any mortgagee, proposed mortgagee, assignee, purchaser and any other person, firm or corporation party to whom the same may be exhibited or delivered, and the contents of such certificate or statement is addressed. Tenant’s failure to execute such certificate or statement within ten (10) days after written request shall be binding on constitute an immediate default by Tenant hereunder, without the party executing samerequirement 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. 17.01. 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 promptly execute and deliver to Landlord such certificate or certificates in writing as Landlord may choose request, showing the subordination of the Lease to make 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 lease subordinate or paramount authority being hereby declared to any mortgages and ground or underlying leases now or hereafter affecting the Premises be coupled with an interest and to be irrevocable. Tenant shall upon request from Landlord at any time and all advances from time to be made thereunder time execute, acknowledge and deliver to Landlord a written statement certifying as follows: (i) that this Lease is unmodified and in full force and effect (or to be secured thereby and to the interest and charges thereon, and all renewals, replacements and extensions if there has been modification thereof, provided that the mortgagee or lessor named same is in any such mortgages or leases agrees to recognize full force and effect as modified and stating the lease of Tenant in the event of foreclosure if Tenant is not in default. Without limiting the foregoing Landlord shall use its reasonable efforts to obtain a Subordination, Non-Disturbance and Attornment agreement in form and substance reasonably acceptable to Tenant from the holder of any such mortgage or lease. 17.02. Either party shall, without charge, within ten nature thereof); (10ii) business days after request of the other, certify by written instrument that to the best of their knowledge: (a) as to whether this Lease has been modified or amended, and if so, the substance and manner of such modification or amendment; (b) as to the validity and force and effect of this Lease, in accordance with its tenor as then constituted; (c) as to the existence of any default under this Lease; (d) as to the existence of any offsets, counterclaims or defenses thereto knowledge there are no uncured defaults on the part of either partyLandlord (or if any such default exists, the specific nature and extent thereof); (eiii) as the date to the commencement which any rents and expiration dates of the term of this Leaseother charges have been paid in advance, if any; and (fiv) as to any such other matters as Landlord may reasonably be so requestedrequest. Any such certificate may be relied upon by In the party requesting it 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 other person, firm document or corporation to whom the same may be exhibited or delivered, and the contents of such certificate shall be binding on the party executing sameinstrument provided for in this Paragraph.

SUBORDINATION; ESTOPPEL CERTIFICATES. 17.01. (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 Premises, and Tenant shall promptly execute and deliver to Landlord such certificate or certificates in writing as Landlord may choose request, showing the subordination of the Lease to make 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 lease subordinate authority being hereby declared to be coupled with an interest and to be irrevocable. Tenant shall upon request from Landlord at any time and from time to time execute, acknowledge and deliver to Landlord a written statement certifying as follows: (i) that this Lease is unmodified and in full force and effect (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 paramount if any such default exists, the specific nature and extent thereof); (iii) the date to which any rents and other charges have been paid in advance, if any; and (iv) such other matters as Landlord may reasonably request. (b) Notwithstanding anything contained herein to the contrary, the subordination of this Lease and Tenant's rights hereunder to any mortgages Security Deed is and ground or underlying leases now or hereafter affecting shall be conditioned upon the Premises and to any and all advances to be made thereunder or to be secured thereby and to the interest and charges thereonholder of such Security Deed agreeing, and all renewals, replacements and extensions thereof, provided the mortgagee or lessor named in any such mortgages or leases agrees to recognize the lease of Tenant a duly executed writing in the event of foreclosure if Tenant is not in default. Without limiting the foregoing Landlord shall use its reasonable efforts to obtain a Subordination, Non-Disturbance and Attornment agreement in recordable form and substance reasonably acceptable to Tenant from the holder of any and such mortgage or lease. 17.02. Either party shallholder, without charge, within ten (10) business days after request of the other, certify by written instrument to the best of their knowledge: (a) as to whether that this Lease has been modified and Tenant's rights hereunder shall not be divested or amended, 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 if so, the substance and manner of such modification or amendment; (b) as to the validity and force and effect provisions of this Lease, in accordance with its tenor as then constituted; (c) as to the existence of Lease which has not been cured by Tenant within any default under this Lease; (d) as to the existence of any offsets, counterclaims or defenses thereto on the part of either party; (e) as to the commencement and expiration dates of the term of this Lease; and (f) as to any other matters as may reasonably be so requested. Any such certificate may be relied upon by the party requesting it and any other person, firm or corporation to whom the same may be exhibited or delivered, and the contents of such certificate shall be binding on the party executing sameapplicable cure period.

SUBORDINATION; ESTOPPEL CERTIFICATES. 17.01. Tenant agrees that Landlord may choose this Lease is and shall remain subject and subordinate to make this lease subordinate all present and future mortgages or paramount to any mortgages other security instruments, including all advances, amendments, modifications, renewals, consolidations and ground or underlying leases now or hereafter extensions thereof (the "SECURITY DEEDS") affecting the Premises Building or the Premises. The terms of this provision shall be self-operative and no further instrument or subordination shall be required. Tenant, however, upon request of any party in interest shall, within twenty (20) days after written request, execute and deliver to such interested party such certificate or certificates in writing as may be requested, showing the subordination of the Lease to such Security Deeds. In addition, Tenant shall, within twenty (20) days after written request, at any time and all advances from time to be made thereunder time execute, acknowledge and deliver to Landlord a written statement addressed to Landlord, any mortgagee or to be secured thereby 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 interest 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 thereonhave 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 all renewalsmay be relied upon by Landlord, replacements any mortgagee, proposed mortgagee, assignee, purchaser and extensions thereofany other party to whom such certificate or statement is addressed. Tenant's failure to execute such certificate or statement within twenty (20) days after written request shall constitute an immediate default by Tenant hereunder, provided without the mortgagee or lessor named in any such mortgages or leases agrees to recognize the lease of Tenant in the event of foreclosure if Tenant is not in default. Without limiting the foregoing Landlord shall use its reasonable efforts to obtain a Subordination, Non-Disturbance and Attornment agreement in form and substance reasonably acceptable to Tenant from the holder requirement of any such mortgage further notice, grace period or lease. 17.02. Either party shall, without charge, cure period unless Tenant delivers said certificate or statement to Landlord within ten (10) business days after request of the other, certify by written instrument said twenty (20) day period expires. Notwithstanding anything to the best of their knowledge: (a) as to whether contrary, this Lease has been shall not be subordinate to any Security Deeds unless the mortgagee or beneficiary thereof shall deliver to Tenant a non-disturbance agreement in recordable form agreeing that this Lease shall not be modified or amended, and if so, terminated so long as Tenant is not in default under the substance and manner of such modification or amendment; (b) as to the validity and force and effect terms of this Lease, in accordance with its tenor as then constituted; (c) as to the existence of Lease beyond any default under this Lease; (d) as to the existence of any offsets, counterclaims or defenses thereto on the part of either party; (e) as to the commencement and expiration dates of the term of this Lease; and (f) as to any other matters as may reasonably be so requested. Any such certificate may be relied upon by the party requesting it and any other person, firm or corporation to whom the same may be exhibited or delivered, and the contents of such certificate shall be binding on the party executing samecure period following notice provided herein.

SUBORDINATION; ESTOPPEL CERTIFICATES. 17.01Landlord represents to Tenant that the Building and Premises are not encumbered by any mortgage or deed to secure debt as of the Effective Date. Tenant agrees that Landlord may choose this Lease shall be subject and subordinate to make this lease subordinate all future mortgages, deeds to secure debt or paramount to any mortgages other security instruments, including all advances, amendments, modifications, renewals, consolidations and ground or underlying leases now or hereafter extensions thereof (the "SECURITY DEEDS") affecting the Building or the Premises provided Landlord, Tenant and the lender execute a subordination, non-disturbance and attornment agreement reasonably satisfactory to any Landlord and all advances to Tenant. The terms of this provision shall be made thereunder self-operative and no further instrument or to subordination shall be secured thereby and to the interest and charges thereonrequired. In addition, and all renewals, replacements and extensions thereof, provided the mortgagee or lessor named in any such mortgages or leases agrees to recognize the lease of Tenant in the event of foreclosure if Tenant is not in default. Without limiting the foregoing Landlord shall use its reasonable efforts to obtain a Subordination, Non-Disturbance and Attornment agreement in form and substance reasonably acceptable to Tenant from the holder of any such mortgage or lease. 17.02. Either party shall, without charge, within ten (10) business days after request 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 otherBuilding or any portion thereof, certify by written instrument 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 their knowledge: (a) as to whether this Lease has been modified or amended, and if so, the substance and manner of such modification or amendment; (b) as to the validity and force and effect of this Lease, in accordance with its tenor as then constituted; (c) as to the existence of any default under this Lease; (d) as to the existence of any offsets, counterclaims or defenses thereto knowledge there are no uncured defaults on the part of either partyLandlord (or if any such default exists, the specific nature and extent thereof); (eiii) as to that there are no defenses or offsets against the commencement and expiration dates enforcement of the term of this LeaseLease (or stating those claimed by Tenant); (iv) the date to which any rents and other charges have been paid in advance, if any; and (fv) as to any such other matters as Landlord or such mortgagee, assignee or purchaser may reasonably be so requestedrequest. 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 the party requesting it Landlord, any mortgagee, proposed mortgagee, assignee, purchaser and any other person, firm or corporation party to whom the same may be exhibited or delivered, and the contents of such certificate shall be binding on the party executing sameor statement is addressed.

SUBORDINATION; ESTOPPEL CERTIFICATES. 17.01. At the option of Landlord, Tenant agrees that Landlord may choose this Lease shall remain subject and subordinate to make this lease subordinate all present and future mortgages, deeds to secure debt or paramount to any mortgages and ground or underlying leases now or hereafter other security instruments (the "Security Deeds") affecting the Premises and to any and all advances to be made thereunder Building or to be secured thereby and to the interest and charges thereonPremises, and all renewals, replacements and extensions thereof, provided the mortgagee or lessor named in any such mortgages or leases agrees to recognize the lease of Tenant in the event of foreclosure if Tenant is not in default. Without limiting the foregoing Landlord shall use its reasonable efforts to obtain a Subordination, Non-Disturbance and Attornment agreement in form and substance reasonably acceptable to Tenant from the holder of any such mortgage or lease. 17.02. Either party shall, without charge, within ten (10) business days after request written request, execute and deliver to Landlord such certificate or certificates in writing as Landlord may request, showing the subordination of the otherLease to such Security Deeds. In addition, certify by Tenant shall, within ten (10) days after written instrument 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 their knowledge: (a) as to whether this Lease has been modified or amended, and if so, the substance and manner of such modification or amendment; (b) as to the validity and force and effect of this Lease, in accordance with its tenor as then constituted; (c) as to the existence of any default under this Lease; (d) as to the existence of any offsets, counterclaims or defenses thereto knowledge there are no uncured defaults on the part of either partyLandlord (or if any such default exists, the specific nature and extent thereof); (eiii) as to that there are no defenses or offsets against the commencement and expiration dates enforcement of the term of this LeaseLease (or stating those claimed by Tenant); (iv) the date to which any rents and other charges have been paid in advance, if any; and (fv) as to any such other matters as Landlord or such mortgagee, assignee or purchaser may reasonably be so requestedrequest. 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 the party requesting it Landlord, any mortgagee, proposed mortgagee, assignee, purchaser and any other person, firm or corporation party to whom the same may be exhibited or delivered, and the contents of such certificate or statement is addressed. Tenant's failure to execute such certificate or statement within thirty (30) days after written request shall be binding on constitute an immediate default by Tenant hereunder, without the party executing samerequirement of any further notice, grace period or cure period.

SUBORDINATION; ESTOPPEL CERTIFICATES. 17.01. (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 promptly execute and deliver to Landlord such certificate or certificates in writing as Landlord may choose request, showing the subordination of the Lease to make 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 lease subordinate or paramount authority being hereby declared to any mortgages and ground or underlying leases now or hereafter affecting the Premises be coupled with an interest and to be irrevocable. Tenant shall upon request from Landlord at any time and all advances from time to be made thereunder time execute, acknowledge and deliver to Landlord a written statement certifying as follows: (i) that this Lease is unmodified and in full force and effect (or to be secured thereby 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 interest and charges thereon, and all renewals, replacements and extensions thereof, provided best of its knowledge there are no uncured defaults on the mortgagee part of Landlord (or lessor named in if any such mortgages or leases agrees default exists, the specific nature and extent thereof); (iii) the date to recognize which any rents and other charges have been paid in advance, if any; and (iv) such other matters as Landlord may reasonably request. In the lease of 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 event name of foreclosure if Tenant Tenant, any document or instrument provided for in this Paragraph. (b) If a mortgage is not in default. Without limiting placed on the foregoing Building or the Park, Landlord shall use its reasonable efforts to obtain from the holders of any Mortgage or the Lessor under a superior lease an agreement (a "Subordination, Non-Disturbance and Attornment agreement Agreement") in recordable form and that provides in substance reasonably acceptable to that, so long as Tenant from shall not then be in default-in the holder performance of any of its obligations under this Lease beyond any period provided for herein for the cure of such mortgage or lease. 17.02. Either party shalldefault, without charge, within ten (10) business days after request Tenant's possession of the other, certify by written instrument to the best of their knowledge: (a) as to whether this Lease has been modified or amended, and if so, the substance and manner of such modification or amendment; (b) as to the validity and force and effect of this Lease, Premises in accordance with its tenor as then constituted; (c) as this Lease shall not be disturbed and attornment to the existence Lease with the same material economic terms shall be provided by such person giving the Subordination, Non-Disturbance and Attornment Agreement or any successor which shall succeed to the rights of any default Landlord under this Lease; (d) as to the existence of any offsets, counterclaims or defenses thereto on the part of either party; (e) as to the commencement and expiration dates of the term of this Lease; and (f) as to any other matters as may reasonably be so requested. Any such certificate may be relied upon by the party requesting it and any other person, firm or corporation to whom the same may be exhibited or delivered, and the contents of such certificate shall be binding on the party executing same.