Common use of Non-Disturbance and Attornment Clause in Contracts

Non-Disturbance and Attornment. If, at any time, Lender or any person or entity or any of their successors or assigns who shall acquire the interest of Landlord under the Lease through a foreclosure of the Security Instrument, the exercise of the power of sale under the Security Instrument, a deed-in-lieu of foreclosure, an assignment-in-lieu of foreclosure or otherwise (each, a “ New Owner ”) shall succeed to the interests of Landlord under the Lease, so long as the Lease is then in full force and effect, and no default after the giving of any required notice, and expiration of any applicable grace period, under the Lease (a “ Default ”) on the part of Tenant exists under the Lease (and provided the Lease has not previously been terminated in accordance with its terms), the Lease shall continue in full force and effect as a direct lease between the New Owner and Tenant, upon and subject to all of the terms, covenants and conditions of the Lease, for the balance of the term thereof. Tenant hereby agrees to attorn to and accept any such New Owner as landlord under the Lease and to be bound by and perform all of the obligations imposed by the Lease, and Lender, or any such New Owner of the Property, agrees that it will not disturb the quiet enjoyment, possession, use or occupancy of Tenant and will be bound by all of the obligations imposed on Landlord by the Lease; provided, however, that any New Owner shall not be:

Non-Disturbance and Attornment. If, at The execution by Tenant of any time, Lender or any person or entity or any subordination agreement pursuant to Section 12.1 above shall be expressly contingent upon the covenant of their successors or assigns who shall acquire the interest mortgagee that should the mortgagee become the owner of Landlord under the Lease through a Total Premises by reason of foreclosure of the Security Instrumentmortgage or otherwise, or if the exercise Total Premises shall be sold as a result of any action or proceeding to foreclose the power of sale under the Security Instrument, mortgage or by a deed-in-deed given in lieu of foreclosure, an assignment-in-lieu of foreclosure or otherwise (each, a “ New Owner ”i) shall succeed to the interests of Landlord under the Lease, so long as the Lease is then in full force and effect, and no default after the giving of any required notice, and expiration of any applicable grace period, under the Lease (a “ Default ”) on the part of Tenant exists under the Lease (and provided the Lease has not previously been terminated in accordance with its terms), the Lease shall continue in full force and effect effect, without necessity for executing any new lease, as a direct lease between the New Owner and Tenant, as tenant thereunder, and the then owner of the Total Premises, as landlord thereunder, upon all of the same terms, covenants and subject provisions contained in the Lease, and (ii) such new owner shall be bound to Tenant under all of the terms, covenants and conditions provisions of this Lease, including any amendments of the Lease, for Lease whether made before or after the balance date of the term thereofmortgage, which terms, covenants and provisions such new owner hereby agrees to assume and perform. Subject to the foregoing, Tenant hereby agrees such agreement may require Tenant to attorn to such new owner and accept to recognize such new owner as Landlord under this Lease provided that such attornment shall not relieve Landlord of any such New Owner as landlord of its liabilities to Tenant arising under the Lease and prior to be bound by and perform all of the obligations imposed by the Lease, and Lender, or any such New Owner of the Property, agrees that it will not disturb the quiet enjoyment, possession, use or occupancy of Tenant and will be bound by all of the obligations imposed on Landlord by the Lease; provided, however, that any New Owner shall not be:attornment.

Non-Disturbance and Attornment. If(a) In the event of termination, at any time, Lender re-entry or any person or entity or any of their successors or assigns who shall acquire the interest of dispossess by Underlying Landlord under the Underlying Lease through a foreclosure prior to the expiration of the Security InstrumentSublease term, the exercise of the power of sale under the Security InstrumentSublessee may in its sole discretion, a deed-in-lieu of foreclosure, an assignment-in-lieu of foreclosure or otherwise (each, a “ New Owner ”) shall succeed attorn to the interests of Underlying Landlord under the LeaseUnderlying Lease for the then remaining term of this Sublease upon and subject to the then executory provisions of this Sublease. Upon such attornment by Sublessee to the Underlying Landlord and upon Underlying Landlord accepting such attornment, so long as the Lease is then in full force and effect, and no default after the giving of any required notice, and expiration of any applicable grace period, under the Lease (a “ Default ”) on the part of Tenant exists under the Lease (and provided the Lease has not previously been terminated in accordance with its terms), the Lease this Sublease shall continue in full force and effect as if it were a direct lease between the New Owner Sublessee and Tenant, upon the Underlying Landlord and subject to all of the terms, covenants and conditions of this Sublease shall be applicable after such attornment except that the Lease, Underlying Landlord under the Underlying Lease shall not (i) be liable for the balance any previous acts or omissions of the term thereof. Tenant hereby agrees Sublessor under this Sublease, (ii) be subject to attorn any offset, not expressly provided in this Sublease which theretofore accrued to and accept any such New Owner as landlord under the Lease and to Sublessee against Sublessor, or (iii) be bound by and perform all any previous modification of this Sublease made without the obligations imposed Underlying Landlord's written consent or by any previous prepayment of more than one month's Fixed Rent or of payments of Additional Rent due in accordance with the Lease, and Lender, or any such New Owner provisions of the Property, agrees that it will not disturb the quiet enjoyment, possession, use or occupancy of Tenant and will be bound by all of the obligations imposed on Landlord by the Lease; provided, however, that any New Owner shall not be:this Sublease.

Non-Disturbance and Attornment. IfAt Landlord’s option, at this Lease shall be subject and subordinate to the lien of any timedeeds of trust in any amount or amounts whatsoever now or hereafter placed on or against the Leased Premises or on or against Landlord’s interest or estate therein, Lender or any person or entity or any of their successors or assigns who shall acquire without the interest of Landlord under the Lease through a foreclosure necessity of the Security Instrument, the exercise of the power of sale under the Security Instrument, a deed-in-lieu of foreclosure, an assignment-in-lieu of foreclosure or otherwise (each, a “ New Owner ”) shall succeed to the interests of Landlord under the Lease, so long as the Lease is then in full force execution and effect, and no default after the giving delivery of any required notice, and expiration of any applicable grace period, under the Lease (a “ Default ”) further instruments on the part of Tenant exists under to effectuate such subordination. If any trustee shall elect to have this Lease prior to the Lease (lien of its deed of trust, and provided the Lease has not previously been terminated in accordance with its terms)shall give written notice thereof to Tenant, the this Lease shall be deemed prior to such deed of trust, whether this Lease is dated prior or subsequent to the date of the recording thereof. Tenant covenants and agrees to execute and deliver upon demand without charge therefor, such further instruments evidencing such subordination of this Lease to the lien of any such deeds of trust as may be required by Landlord. Notwithstanding the above, Landlord shall use reasonable efforts to obtain from the holder of any deed of trust, in the event this Lease is or shall be subordinate to such deed of trust, in connection with the execution of any subordination agreement, a provision requiring the purchaser at any foreclosure sale to continue this Lease in full force and effect in the same manner as a direct lease between if such purchaser were the New Owner Landlord so long as Tenant is not otherwise in default and Tenant, upon and subject to all of the terms, covenants and conditions of the Lease, for the balance of the term thereof. requiring Tenant hereby agrees to attorn to and accept any such New Owner as landlord under the Lease and to be bound by and perform all of the obligations imposed by the Lease, and Lender, or any such New Owner of the Property, agrees that it will not disturb the quiet enjoyment, possession, use or occupancy of Tenant and will be bound by all of the obligations imposed on Landlord by the Lease; provided, however, that any New Owner shall not be:purchaser.