Common use of SUBORDINATION; ESTOPPEL CERTIFICATES Clause in Contracts

SUBORDINATION; ESTOPPEL CERTIFICATES. In consideration of the execution of this Lease by Landlord, Tenant accepts this Lease subject to any deeds of conveyance and any deeds of trust, master leases, security interests or mortgages and all renewals, modifications, extensions, consolidations and replacements of the foregoing which might now or hereafter constitute a lien upon the Building (or the land upon which it is situated) or improvements therein or thereon or upon the Premises and to zoning ordinances and other building and fire ordinances and governmental regulations relating to the use of the property. Although no instrument or act on the part of Tenant shall be necessary to effectuate such subordination, Tenant shall, nevertheless, for the purpose of confirmation at any time hereafter, on demand in the forms(s) prescribed by Landlord, execute any instruments, estoppel certificates, release or other documents that may be requested or required by any purchaser or any holder of any superior interest for the purposes of subjecting and subordinating this Lease to such deed or conveyance or to the lien of any such deed of trust, master lease, security interest, mortgage, or superior interest. Tenant hereby appoints Landlord attorney in fact, irrevocably, to execute and deliver any such instrument or document for Tenant should Tenant fail or refuse to do so within ten (10) days of Landlord's written request for such instrument or document. In the event the Building is sold or subjected to foreclosure proceedings, Tenant shall attorn to the purchaser and recognize same as Landlord under this Lease. In the event any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale under any mortgage or deed of trust made by landlord covering the Premises, Tenant shall attorn to the purchaser at any such foreclosure or to the grantee of a deed in lieu of foreclosure and recognize such purchase or grantee as Landlord under this Lease.

SUBORDINATION; ESTOPPEL CERTIFICATES. In consideration of the execution of this Lease by Landlord, Tenant accepts this Lease This Agreement shall be subject and subordinate to any deeds ground lease, mortgage, deed of conveyance trust or other hypothecation or security device now or hereafter placed upon the Facilities or the Building (collectively, “Security Device”), to any and any deeds of trust, master leases, all advances made on the security interests or mortgages thereof and to all renewals, modifications, extensions, consolidations and replacements extensions thereof. Licensee agrees that the holders of any such Security Devices shall have no liability or obligation to perform any of the foregoing which might now obligations of Licensor under the Agreement. Licensee agrees that, in the event that any such holder of a Security Device or hereafter constitute any purchaser at a lien upon foreclosure sale or any entity that receives a transfer of the Building by a conveyance in lieu of foreclosure of the Building (or the land upon which it is situated“New Owner”) or improvements therein or thereon or upon the Premises and to zoning ordinances and other building and fire ordinances and governmental regulations relating and/or otherwise succeeds to the use rights of Licensor under this Agreement, then Licensee recognize New Owner as the Licensor under this Agreement for the remainder of the propertyterm hereof, and Licensee shall perform and observe its obligations hereunder, provided that such New Owner shall not disturb Licensee’s use and occupancy of the Facilities so long as Licensee is not in breach of its obligations under this Agreement. Although no instrument Upon written request from Licensor or act on Lender in connection with a sale, financing or refinancing of the part of Tenant Building, Licensee shall execute such further writings as may be necessary reasonably required to effectuate such subordinationseparately document any subordination provided for herein. In addition, Tenant Licensee shall, nevertheless, for the purpose of confirmation at any time hereafter, on demand in the forms(s) prescribed by Landlord, execute any instruments, estoppel certificates, release or other documents that may be requested or required by any purchaser or any holder of any superior interest for the purposes of subjecting and subordinating this Lease to such deed or conveyance or to the lien of any such deed of trust, master lease, security interest, mortgage, or superior interest. Tenant hereby appoints Landlord attorney in fact, irrevocably, to execute and deliver any such instrument or document for Tenant should Tenant fail or refuse to do so within ten (10) days of Landlord's after the written request for such instrument or document. In the event the Building is sold or subjected notice from Licensor, execute, acknowledge and deliver to foreclosure proceedings, Tenant shall attorn to the purchaser and recognize same as Landlord under this Lease. In the event any proceedings are brought for foreclosure, or Licensor an estoppel certificate in the event form requested by Licensor or any Lender, together with any additional information, confirmation and/or statements reasonably requested by Licensor. 1. The Facilities is to be used by Licensee solely for lawful purposes in accordance with these Policies and Procedures and the other terms and conditions of the exercise of the power of sale under any mortgage or deed of trust made by landlord covering the Premises, Tenant shall attorn to the purchaser at any such foreclosure or to the grantee of a deed in lieu of foreclosure and recognize such purchase or grantee as Landlord under this LeaseAgreement.

SUBORDINATION; ESTOPPEL CERTIFICATES. In consideration of the execution of this Lease by Landlord, Tenant accepts this Lease This Agreement shall be subject and subordinate to any deeds ground lease, mortgage, deed of conveyance trust or other hypothecation or security device now or hereafter placed upon the License Area or the Building (collectively, “Security Device”), to any and any deeds of trust, master leases, all advances made on the security interests or mortgages thereof and to all renewals, modifications, extensions, consolidations and replacements of extensions thereof. Licensee agrees that the foregoing which might now or hereafter constitute a lien upon the Building (or the land upon which it is situated) or improvements therein or thereon or upon the Premises and to zoning ordinances and other building and fire ordinances and governmental regulations relating to the use of the property. Although no instrument or act on the part of Tenant shall be necessary to effectuate such subordination, Tenant shall, nevertheless, for the purpose of confirmation at any time hereafter, on demand in the forms(s) prescribed by Landlord, execute any instruments, estoppel certificates, release or other documents that may be requested or required by any purchaser or any holder of any superior interest for the purposes of subjecting and subordinating this Lease to such deed or conveyance or to the lien holders of any such deed Security Devices shall have no liability or obligation to perform any of trustthe obligations of Licensor under this License. Any Lender who succeeds to the interests of Licensor hereunder shall have the option to either terminate this Agreement upon notice to Licensee or to maintain this Agreement in full force and effect, master leasein the sole discretion of such Lender. The agreements in this Section 28 shall be effective without the execution of any further documents; provided, security interesthowever, mortgagethat upon written request from Licensor or Lender in connection with a sale, financing or superior interestrefinancing of the Building, Licensee and Licensor shall execute such further writings as may be reasonably required to separately document any subordination provided for herein. Tenant hereby appoints Landlord attorney in factIn addition, irrevocablyLicensee shall, to execute and deliver any such instrument or document for Tenant should Tenant fail or refuse to do so within ten (10) days of Landlord's after the written request for such instrument or document. In the event the Building is sold or subjected notice from Licensor, execute, acknowledge and deliver to foreclosure proceedings, Tenant shall attorn to the purchaser and recognize same as Landlord under this Lease. In the event any proceedings are brought for foreclosure, or Licensor an estoppel certificate in the event of the exercise of the power of sale under form requested by Licensor or any mortgage or deed of trust made Lender, together with any additional information, confirmation and/or statements reasonably requested by landlord covering the Premises, Tenant shall attorn to the purchaser at any such foreclosure or to the grantee of a deed in lieu of foreclosure and recognize such purchase or grantee as Landlord under this LeaseLicensor.

SUBORDINATION; ESTOPPEL CERTIFICATES. In consideration of the execution of this This Lease by Landlord, Tenant accepts this Lease shall be subject and subordinate to any deeds ground lease, mortgage, deed of conveyance trust or other hypothecation or security device now or hereafter placed upon the Premises or the Building [***] Information has been omitted and submitted separately to the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. (collectively, “Security Device”), to any deeds of trust, master leases, and all advances made on the security interests or mortgages thereof and to all renewals, modifications, extensionsand extensions thereof. Lessee agrees that, consolidations and replacements in the event that any such holder of a Security Device or any purchaser at a foreclosure sale or any entity that receives a transfer of the foregoing which might now or hereafter constitute Building by a lien upon conveyance in lieu of foreclosure of the Building (or the land upon which it is situated“New Owner”) or improvements therein or thereon or upon the Premises and to zoning ordinances and other building and fire ordinances and governmental regulations relating and/or otherwise succeeds to the use rights of Lessor under the Lease Agreement, then Lessee shall attorn to and recognize New Owner as the Lessor under this Agreement for the remainder of the propertyterm hereof, and Lessee shall perform and observe its obligations hereunder, provided that such New Owner shall not disturb Lessee’s use and occupancy of the Lease Area so long as Lessee is not in breach of its obligations under this Agreement. Although no instrument or act on the part of Tenant The agreements in this Section 31 shall be necessary effective without the execution of any further documents; provided, however, that upon written request from Lessor or Lender in connection with a sale, financing or refinancing of the Building, Lessee shall execute such further writings as may be reasonably required to effectuate such subordinationseparately document any subordination provided for herein. In addition, Tenant Lessee shall, nevertheless, for the purpose of confirmation at any time hereafter, on demand in the forms(s) prescribed by Landlord, execute any instruments, estoppel certificates, release or other documents that may be requested or required by any purchaser or any holder of any superior interest for the purposes of subjecting and subordinating this Lease to such deed or conveyance or to the lien of any such deed of trust, master lease, security interest, mortgage, or superior interest. Tenant hereby appoints Landlord attorney in fact, irrevocably, to execute and deliver any such instrument or document for Tenant should Tenant fail or refuse to do so within ten (10) days of Landlord's after the written request for such instrument or document. In the event the Building is sold or subjected notice from Lessor, execute, acknowledge and deliver to foreclosure proceedings, Tenant shall attorn to the purchaser and recognize same as Landlord under this Lease. In the event any proceedings are brought for foreclosure, or Lessor an estoppel certificate in the event of the exercise of the power of sale under form requested by Lessor or any mortgage or deed of trust made Lender, together with any additional information, confirmation and/or statements reasonably requested by landlord covering the Premises, Tenant shall attorn to the purchaser at any such foreclosure or to the grantee of a deed in lieu of foreclosure and recognize such purchase or grantee as Landlord under this LeaseLessor.

SUBORDINATION; ESTOPPEL CERTIFICATES. In consideration of the execution of this Lease by Landlord, Tenant accepts this Lease This Agreement shall be subject and subordinate to any deeds ground lease, mortgage, deed of conveyance trust or other hypothecation or security device now or hereafter placed upon the Premises or the Building (collectively, “Security Device”), to any and any deeds of trust, master leases, all advances made on the security interests or mortgages thereof and to all renewals, modifications, extensions, consolidations and replacements extensions thereof. Licensee agrees that the holders of any such Security Devices shall have no liability or obligation to perform any of the foregoing which might now obligations of Licensor under the Agreement. Licensee agrees that, in the event that any such holder of a Security Device or hereafter constitute any purchaser at a lien upon foreclosure sale or any entity that receives a transfer of the Building by a conveyance in lieu of foreclosure of the Building (or “New Owner”) and/or otherwise succeeds to the land upon which it is situated) or improvements therein or thereon or upon rights of Licensor under this Agreement, then Licensee shall attorn to and recognize New Owner as the Licensor under this Agreement for the remainder of the term hereof, and Licensee shall perform and observe its obligations hereunder, provided that such New Owner shall not disturb Licensee’s use and occupancy of the Premises and to zoning ordinances and other building and fire ordinances and governmental regulations relating to the use so long as Licensee is not in breach of its obligations under this Agreement. Upon written request from Licensor or Lender in connection with a sale, financing or refinancing of the propertyBuilding, Licensee shall execute such further writings as may be reasonably required to separately document any subordination provided for herein. Although no instrument or act on the part of Tenant shall be necessary to effectuate such subordinationIn addition, Tenant Licensee shall, nevertheless, for the purpose of confirmation at any time hereafter, on demand in the forms(s) prescribed by Landlord, execute any instruments, estoppel certificates, release or other documents that may be requested or required by any purchaser or any holder of any superior interest for the purposes of subjecting and subordinating this Lease to such deed or conveyance or to the lien of any such deed of trust, master lease, security interest, mortgage, or superior interest. Tenant hereby appoints Landlord attorney in fact, irrevocably, to execute and deliver any such instrument or document for Tenant should Tenant fail or refuse to do so within ten (10) days of Landlord's after the written request for such instrument or document. In the event the Building is sold or subjected notice from Licensor, execute, acknowledge and deliver to foreclosure proceedings, Tenant shall attorn to the purchaser and recognize same as Landlord under this Lease. In the event any proceedings are brought for foreclosure, or Licensor an estoppel certificate in the event of the exercise of the power of sale under form requested by Licensor or any mortgage or deed of trust made Lender, together with any additional information, confirmation and/or statements reasonably requested by landlord covering the Premises, Tenant shall attorn to the purchaser at any such foreclosure or to the grantee of a deed in lieu of foreclosure and recognize such purchase or grantee as Landlord under this LeaseLicensor.