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 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. 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 (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) 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. 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 instrument provided for in this Paragraph.

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 shall promptly 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, and in default of Tenant so doingshall, Landlord shall be and is hereby authorized and empowered to execute such certificate in the name of and as the act and deed of Tenantwithin ten (10) days after written request, this 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 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 (ivv) such other matters as Landlord or such mortgagee, assignee or purchaser may reasonably request. In Any such certificate or statement shall, at Landlord’s request, be in recordable form and be recorded in the event that Tenant fails public records, and may be relied upon by Landlord, any mortgagee, proposed mortgagee, assignee, purchaser and any other party to comply with the provisions above, Tenant irrevocably appoints Landlord as its attorney-in-fact, coupled with an interest, whom such certificate or statement is addressed. Tenant’s failure to execute such certificate or statement within ten (10) 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 deliver, for and in the name of Tenant, any document or instrument 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 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. 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 (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) 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. 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 instrument provided for in this Paragraph.

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 promptly 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, and in default of Tenant so doingshall, Landlord shall be and is hereby authorized and empowered to execute such certificate in the name of and as the act and deed of Tenantwithin ten (10) days after written request, this 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 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 (ivv) such other matters as Landlord or such mortgagee, assignee or purchaser may reasonably request. In Any such certificate or statement shall, at Landlord's request, be in recordable form and be recorded in the event that Tenant fails public records, and may be relied upon by Landlord, any mortgagee, proposed mortgagee, assignee, purchaser and any other party to comply with the provisions above, Tenant irrevocably appoints Landlord as its attorney-in-fact, coupled with an interest, whom such certificate or statement is addressed. Tenant's failure to execute and deliversuch certificate or statement within thirty (30) days after written request shall constitute an immediate default by Tenant hereunder, for and in without the name requirement of Tenantany further notice, any document grace period or instrument provided for in this Paragraphcure period.

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 Deeds”"SECURITY DEEDS") affecting the Building or the PremisesPremises provided Landlord, Tenant and Tenant shall promptly the lender execute a subordination, 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 subordination shall be required. In addition, Tenant shall, within ten (10) business days after written 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. Tenant 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 (ivv) such other matters as Landlord or such mortgagee, assignee or purchaser may reasonably request. In the event that Tenant fails to comply with the provisions aboveAny such certificate or statement shall, Tenant irrevocably appoints Landlord as its attorney-in-factat Landlord's request, coupled with an interest, to execute be in recordable form and deliver, for and be recorded in the name of Tenantpublic records, and may be relied upon by Landlord, any document mortgagee, proposed mortgagee, assignee, purchaser and any other party to whom such certificate or instrument provided for in this Paragraphstatement is addressed.

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 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 26 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 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 (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) 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. In the event that Tenant fails to comply with the above provisions abovewithin 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 document or instrument provided for in this Paragraph. 22.

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 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. 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 (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) 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. 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 instrument provided for in this Paragraph.

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 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. 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 (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) 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. 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 instrument provided for in this Paragraph.

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 Deeds”"SECURITY DEEDS") affecting the Building or the Premises; provided, however, that as a part of any such subordination, Landlord, Tenant and lender shall enter into a Subordination, Non-Disturbance and Attornment Agreement in substantially the form attached hereto as Exhibit "K", by this reference incorporated herein. In addition, Tenant shall promptly execute and deliver to Landlord such certificate or certificates in writing as Landlord may shall, within ten (10) business days after written 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. Tenant 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 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 (ivv) such other matters as Landlord or such mortgagee, assignee or purchaser may reasonably request. In 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 ten (10) 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 that 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 fails to comply for one-half (1/2) of its reasonable and actual attorney fees associated with the provisions abovenegotiation of the subordination, Tenant irrevocably appoints Landlord as its attorneynon-in-fact, coupled with an interest, to execute disturbance and deliver, for and in the name of Tenant, any document or instrument provided for in this Paragraphattornment agreement.