Common use of SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT Clause in Contracts

SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT. Simultaneously upon Tenant's execution of this Lease, Tenant shall execute a Subordination, Non-Disturbance and Attornment Agreement in the form attached hereto as Exhibit K. Landlord shall return a fully executed Subordination, Non-Disturbance and Attornment Agreement in the form attached hereto as Exhibit K, executed by Landlord and the Lender named therein to Tenant as soon as reasonably possible. Landlord shall 27 use reasonable efforts (which efforts shall not require the expenditure of funds or the threat (or commencement) of litigation) to obtain a so-called "nondisturbance agreement" from any future Landlord's Mortgagee in the form attached hereto as Exhibit K or another form reasonably acceptable to Tenant and such Landlord's Mortgagee or other institutional lenders (either the form attached hereto as Exhibit K or such other reasonably acceptable form being herein referred to as the "NON-DISTURBANCE AGREEMENT"). The subordination of Tenant's rights hereunder to any future Landlord's Mortgagee under Section 12.(a) and the attornment of Tenant to any future Landlord Mortgagee under Section 12.(b) shall be conditioned upon such future Landlord's Mortgagee's execution and delivery of a Non-Disturbance Agreement.

SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT. Simultaneously upon Tenant's execution of this Lease, Tenant shall execute a Subordination, Non-Disturbance and Attornment Agreement in the form attached hereto as Exhibit K. Landlord shall return obtain a fully executed Subordinationsubordination, Nonnon-Disturbance disturbance and Attornment Agreement in attornment agreement (an “SNDA”) from the form attached hereto as Exhibit Kcurrent Landlord’s Mortgagee, executed by Landlord and the Lender named therein to Tenant as soon as reasonably possible. Landlord shall 27 use reasonable efforts (which efforts shall not require the expenditure of funds or the threat (or commencement) of litigation) to obtain a sosubordination, non-called "nondisturbance agreement" disturbance and attornment agreement from any future Landlord's Mortgagee ’s Mortgagee, in the form attached hereto as Exhibit K or another a form reasonably acceptable to Tenant and such Landlord's ’s Mortgagee or other institutional lenders (either lenders; however, Landlord’s failure to obtain such agreement shall not constitute a default by Landlord hereunder or prohibit the form attached hereto as Exhibit K or mortgaging of the Building; and further provided that any out-of-pocket costs charged by Landlord’s Mortgagee in connection with obtaining such other reasonably acceptable form being herein referred to as the "NONsubordination, non-DISTURBANCE AGREEMENT")disturbance and attornment agreement shall be paid by Tenant within 15 days after Landlord’s written request therefor which request shall include reasonable evidence of such costs. The subordination of Tenant's ’s rights hereunder to any future Landlord's ’s Mortgagee under Section 12.(a) and the attornment of Tenant to any future Landlord Mortgagee under Section 12.(b11(a) shall be conditioned upon such future Landlord's ’s Mortgagee's ’s execution and delivery of a Nonsubordination, non-Disturbance Agreementdisturbance and attornment agreement in a form reasonably acceptable to such Landlord’s Mortgagee or other institutional lenders. Contemporaneously with execution of this Lease, Tenant, and the fee simple owner of the Land shall execute a recognition agreement in the form of EXHIBIT O attached hereto; Landlord and Tenant agree that the form of Recognition Agreement attached hereto as EXHIBIT O is acceptable for any current or future Landlord's Mortgagee pursuant to a Primary Lease (i.e., not a Mortgage).

SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT. Simultaneously upon Tenant's Landlord shall obtain a subordination, non-disturbance and attornment agreement from the current Landlord’s Mortgagee in the form of Exhibit G hereto or as otherwise reasonably agreed to by Landlord’s Mortgagee, and shall deliver same to Tenant contemporaneously with Landlord’s execution of this Lease, Tenant shall execute a Subordination, Non-Disturbance and Attornment Agreement in the form attached hereto as Exhibit K. Landlord shall return a fully executed Subordination, Non-Disturbance and Attornment Agreement in the form attached hereto as Exhibit K, executed by Landlord and the Lender named therein to Tenant as soon as reasonably possible. Landlord shall 27 use reasonable efforts (which efforts shall not require the expenditure of funds or the threat (or commencement) of litigation) seek to obtain a sosimilar subordination, non-called "nondisturbance agreement" disturbance and attornment agreement from any future Landlord's ’s Mortgagee or other institutional lenders. The subordination of Tenant’s rights hereunder to any future Landlord’s Mortgagee under Section 12(a) shall be conditioned upon such future Landlord’s Mortgagee’s execution and delivery of a subordination, non-disturbance and attornment agreement in the form attached of Exhibit G hereto as Exhibit K or another form reasonably acceptable to Tenant and such Landlord's ’s Mortgagee or other institutional lenders (either lenders. RULES AND REGULATIONS 13. Tenant shall comply with the form rules and regulations of the Building which are attached hereto as Exhibit K B. Landlord may, from time to time, change such rules and regulations for the safety, care, or cleanliness of the Building and related facilities, provided that such other reasonably acceptable form being herein referred changes are applicable to as all tenants of the "NON-DISTURBANCE AGREEMENT")Building and will not unreasonably interfere with Tenant’s use of the Premises. The subordination of Tenant's rights hereunder to any future Landlord's Mortgagee under Section 12.(a) and the attornment of Tenant to any future Landlord Mortgagee under Section 12.(b) shall be conditioned upon responsible for the compliance with such future Landlord's Mortgagee's execution rules and delivery of a Non-Disturbance Agreementregulations by its employees, agents, and invitees.

SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT. Simultaneously upon Tenant's execution of this Lease, Tenant shall execute a Subordination, Non-Disturbance and Attornment Agreement in the form attached hereto as Exhibit K. Landlord shall return deliver to Tenant a fully executed Subordination, Non-Disturbance and Attornment Subordination Agreement in the form attached hereto as Exhibit K, executed by Landlord and the Lender named therein to Tenant as soon as reasonably possible. Landlord shall 27 use reasonable efforts (which efforts shall not require the expenditure of funds or the threat (or commencement) of litigation) to obtain a so-called "nondisturbance agreement" from any future Landlord's ’s current Landlord’s Mortgagee substantially in the form attached hereto as Exhibit K or another by the Commencement Date, and Tenant shall promptly execute and deliver to Landlord two (2) originals of such agreement. Landlord shall use reasonable efforts to obtain a subordination, non-disturbance and attornment agreement from any future Landlord’s Mortgagee in such Landlord’s Mortgagee’s standard form reasonably acceptable to therefor with such changes as Tenant and such Landlord's ’s Mortgagee may agree; however, Landlord’s failure to obtain such agreement shall not constitute a default by Landlord hereunder or other institutional lenders (either in any manner affect Tenant’s obligations and liabilities under this Lease or prohibit the form attached hereto as Exhibit K or mortgaging of the Building; and further provided that to the extent such other reasonably acceptable form being herein referred to as the "NONsubordination, non-DISTURBANCE AGREEMENT"). The subordination disturbance and attornment agreement has been requested by Tenant, any costs in excess of Tenant's rights hereunder to any future Landlord's Mortgagee under Section 12.(a) and the attornment of Tenant to any future Landlord Mortgagee under Section 12.(b) $2,500 associated with obtaining such agreement shall be conditioned upon paid by Tenant within 15 days after Landlord’s written request therefor. As used in this Section 12.5, “reasonable efforts” shall not be deemed to include the incurrence by Landlord of any additional expense (unless Tenant agrees in writing to reimburse Landlord for all such future expenses) or liabilities or obligations with respect to the existing mortgage or Landlord's ’s Mortgagee's execution and delivery of a Non-Disturbance Agreement.

SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT. Simultaneously upon Tenant's execution Landlord shall diligently use commercially reasonable efforts to obtain a subordination, non-disturbance and attornment agreement from Landlord’s current mortgagee on such Mortgagee’s current standard form of this Leaseagreement, Tenant shall execute a Subordination, Non-Disturbance and Attornment Agreement in the form copy of which is attached hereto as Exhibit K. D, and Tenant shall pay any reasonable charges (including legal fees) required by such mortgagee as a condition to entering into such agreement. Upon request of Landlord, Tenant will execute the existing Mortgagee’s form of non-disturbance, subordination and attornment agreement and return the same to Landlord shall return a fully executed Subordination, Non-Disturbance and Attornment Agreement in for execution by the form attached hereto as Exhibit K, executed by Mortgagee. Provided that Landlord and the Lender named therein to Tenant as soon as reasonably possible. Landlord shall 27 use uses commercially reasonable efforts (which efforts shall not require the expenditure of funds or the threat (or commencement) of litigation) as aforesaid, Landlord's failure to obtain a sonon-called "nondisturbance agreement" disturbance, subordination and attornment agreement for Tenant shall have no effect on the rights, obligations and liabilities of Landlord and Tenant or be considered to be a Default by Landlord hereunder. In addition, as a condition precedent to the future subordination of this Lease to a future Mortgage, Landlord shall be required to provide Tenant with a commercially reasonable subordination, non-disturbance, and attornment agreement in favor of Tenant from any future Landlord's Mortgagee who places a mortgage on the Property after the date of this Second Amendment. Such subordination, non-disturbance, and attornment agreement in favor of Tenant shall provide, inter alia, that, so long as Tenant is paying the form attached hereto as Exhibit K or another form reasonably acceptable Rent due under the Lease and is not otherwise in default under the Lease beyond any applicable cure period, its right to Tenant and such Landlord's Mortgagee or other institutional lenders (either the form attached hereto as Exhibit K or such other reasonably acceptable form being herein referred to as the "NON-DISTURBANCE AGREEMENT"). The subordination of Tenant's rights hereunder to any future Landlord's Mortgagee under Section 12.(a) possession and the attornment other terms of Tenant to any future Landlord Mortgagee under Section 12.(b) the Lease shall be conditioned upon such future Landlord's Mortgagee's execution remain in full force and delivery of a Non-Disturbance Agreementeffect.

SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT. Simultaneously upon Tenant's execution of this Lease, Tenant shall execute a Subordination, Non-Disturbance and Attornment Agreement in the form attached hereto as Exhibit K. J. Landlord shall return a fully executed Subordination, Non-Disturbance and Attornment Agreement in the form attached hereto as Exhibit KJ, executed by Landlord and the Lender named therein to Tenant as soon as reasonably possible. Landlord shall 27 use reasonable efforts (which efforts shall not require the expenditure of funds or the threat (or commencement) of litigation) to obtain a so-called "nondisturbance agreement" from any future Landlord's Mortgagee in the form attached hereto as Exhibit K J or another form reasonably acceptable to Tenant and such Landlord's Mortgagee or other institutional lenders (either the form attached hereto as Exhibit K J or such other reasonably acceptable form being herein referred to as the "NON-DISTURBANCE AGREEMENT"). The subordination of Tenant's rights hereunder to any future Landlord's Mortgagee under Section 12.(a) and the attornment of Tenant to any future Landlord Mortgagee under Section 12.(b) shall be conditioned upon such future Landlord's Mortgagee's execution and delivery of a Non-Disturbance Agreement.

SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT. Simultaneously upon Tenant's execution of this Lease, Tenant shall execute a Subordination, Non-Disturbance and Attornment Agreement in the form attached hereto as Exhibit K. Landlord shall return a fully executed Subordination, Non-Disturbance and Attornment Agreement in the form attached hereto as Exhibit K, executed by Landlord and the Lender named therein to Tenant as soon as reasonably possible. Landlord shall 27 use reasonable efforts (which efforts shall not require the expenditure of funds or the threat (or commencement) of litigation) to obtain a sosubordination, non-called "nondisturbance agreement" disturbance and attornment agreement from the current Landlord's Mortgagee, and Landlord shall use reasonable efforts to obtain a subordination, non-disturbance and attornment agreement from any future Landlord's Mortgagee Mortgagee, in the form attached of Exhibit O hereto as Exhibit K or another form reasonably acceptable to Tenant and such Landlord's Mortgagee or other institutional lenders (either lenders, within 30 days from the form attached hereto as Exhibit K date hereof; however, Landlord's failure to obtain such agreement shall not constitute a default by Landlord hereunder or such other reasonably acceptable form being herein referred to as prohibit the "NON-DISTURBANCE AGREEMENT")mortgaging of the Building. The subordination of Tenant's rights hereunder to any future Landlord's Mortgagee under Section 12.(a) and the attornment of Tenant to any future Landlord Mortgagee under Section 12.(b) shall be conditioned upon such future Landlord's Mortgagee's execution and delivery of a Nonsubordination, non-Disturbance Agreementdisturbance and attornment agreement in the form of Exhibit O hereto or another form reasonably acceptable to Tenant and such Landlord's Mortgagee or other institutional lenders.

SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT. Simultaneously upon Prior to the Commencement Date, Landlord shall use reasonable efforts to obtain a subordination, non-disturbance and attornment agreement from the current Landlord’s Mortgagee, in such Mortgagee’s standard form therefor and reasonably satisfactory to Tenant's execution . Tenant hereby agrees that, without limitation on other forms of this Leasesubordination, Tenant shall execute a Subordinationnon-disturbance and attornment agreements, Nonthe terms of the subordination, non-Disturbance disturbance and Attornment Agreement in the form attornment agreement attached hereto as Exhibit K. Landlord shall return a fully executed Subordination, Non-Disturbance and Attornment Agreement in the form attached hereto as Exhibit K, executed by Landlord and the Lender named therein E are reasonably satisfactory to Tenant as soon as reasonably possibleTenant. Landlord shall 27 use reasonable efforts (which efforts shall not require the expenditure of funds or the threat (or commencement) of litigation) to obtain a sosubordination, non-called "nondisturbance agreement" disturbance and attornment agreement from any future Landlord's Mortgagee ’s Mortgagee, in the such Landlord’s Mortgagee’s standard form attached hereto therefor with such changes as Exhibit K or another form reasonably acceptable to Tenant and such Landlord's ’s Mortgagee may reasonably agree; however, Landlord’s failure to obtain such agreement shall not constitute a default by Landlord hereunder or other institutional lenders (either in any manner affect Tenant’s obligations and liabilities under this Lease or prohibit the form attached hereto mortgaging of the Premises. As used in this Section 18.1.4, “reasonable efforts” shall not be deemed to include the incurrence by Landlord of any additional liabilities or obligations with respect to the existing mortgage or Landlord’s Mortgagee; provided, however, Landlord shall pay the Landlord’s Mortgagee’s fees associated with providing the agreement. In the event Landlord is unable to obtain a subordination, non-disturbance and attornment agreement, Tenant’s subordination and attornment as Exhibit K or such other reasonably acceptable form being herein referred to as the "NON-DISTURBANCE AGREEMENT"). The subordination of Tenant's rights hereunder to any future Landlord's Mortgagee under Section 12.(a) set forth in Sections 18.1.1 and the attornment of Tenant to any future Landlord Mortgagee under Section 12.(b) 18.1.2 above shall be conditioned upon such future subject to Landlord's Mortgagee's execution ’s Mortgage’s agreement to not disturb Tenant’s use and delivery enjoyment of a Non-Disturbance Agreementthe Premises so long as Tenant is not in default under this Lease.