Common use of SUBORDINATION AND NON-DISTURBANCE Clause in Contracts

SUBORDINATION AND NON-DISTURBANCE. This Lease shall be subordinate and subject to all Mortgages; provided, however, that with respect to any existing Mortgage, no later than the date Tenant executes and delivers this Lease and, with respect to any future Mortgage, on or before the effective date thereof, Landlord shall obtain from the Mortgagee a written agreement with Tenant binding on their respective legal representatives, successors and assigns that provides, among other provisions, that so long as this Lease shall be in full force and effect and there shall be no Event of Default hereunder (a) Tenant shall not be joined as a defendant in any proceeding which may be instituted to foreclose or enforce the Mortgage, and (b) Tenant's rights under this Lease and possession and use of the Premises in accordance with the provisions of this Lease shall not be terminated, diminished, affected or disturbed by reason of the subordination to or any modification of or default under the Mortgage. If the Mortgagee or any successor in interest shall succeed to the rights of Landlord under this Lease, whether through possession, surrender, assignment, subletting, judicial or foreclosure action, or delivery of a deed or otherwise, Tenant will attorn to and recognize such successor-landlord as Tenant's landlord provided the successor-landlord accepts such attornment and recognizes Tenant's rights under this Lease and Tenant's rights of possession and use of the Premises in accordance with the provisions of this Lease.

SUBORDINATION AND NON-DISTURBANCE. This Landlord shall have the right to subordinate this Lease to any ground lease, deed of trust or mortgage encumbering the Property, any advances made on the security thereof and any removals, modifications, consolidations replacements or extensions hereof whenever made or recorded. However, Tenant's right to quiet possession of the Property during the Lease Term shall not be subordinate disturbed if Tenant pays the rent and subject performs all of Tenant's obligations under this Lease and is not otherwise in default. Landlord shall use commercially reasonable efforts to obtain a non-disturbance agreement embodying the provisions of the immediately preceding sentence from all Mortgages; current and future holders of trust deeds affecting the Property ("Mortgagees") provided, however, that with respect Landlord shall not be required to pay any existing Mortgagesum demanded by any Mortgagee as consideration for such non-disturbance agreement. If any ground lessor, no later than the date Tenant executes and delivers beneficiary or mortgagee elects to have this Lease andprior to the lien of its ground lease, with respect deed of trust or mortgage and gives written notice thereof to any future MortgageTenant, on or before the effective date thereof, Landlord shall obtain from the Mortgagee a written agreement with Tenant binding on their respective legal representatives, successors and assigns that provides, among other provisions, that so long as this Lease shall be in full force and effect and there shall be no Event deemed prior to such ground lease, deed of Default hereunder (a) Tenant shall not be joined as a defendant in any proceeding which may be instituted to foreclose trust or enforce the Mortgage, and (b) Tenant's rights under mortgage whether this Lease and possession and use of the Premises in accordance with the provisions of this Lease shall not be terminated, diminished, affected is dated prior or disturbed by reason of the subordination to or any modification of or default under the Mortgage. If the Mortgagee or any successor in interest shall succeed subsequent to the rights date of Landlord under this Leasesaid ground lease, whether through possession, surrender, assignment, subletting, judicial of trust or foreclosure action, mortgage or delivery the date of a deed or otherwise, Tenant will attorn to and recognize such successor-landlord as Tenant's landlord provided the successor-landlord accepts such attornment and recognizes Tenant's rights under this Lease and Tenant's rights of possession and use of the Premises in accordance with the provisions of this Leaserecording thereof.

SUBORDINATION AND NON-DISTURBANCE. (a) This Lease shall be subordinate to each and subject every underlying lease, deed of trust or mortgage encumbering the Leased Premises or any portion thereof, whether now existing or in the future, and to any advances made on the security thereof and to any renewals, modifications, consolidations, replacements or extensions thereof, whenever made or recorded. The Company covenants that Lessee's right to quiet possession of the Leased Premises during the term hereof shall not be disturbed if Lessee pays the rent and performs all Mortgagesof Lessee's obligations under this Lease and is not otherwise in default. The Company shall use commercially reasonable efforts to obtain a non-disturbance agreement embodying the provisions of the immediately preceding sentence from all current and future holders of mortgages or deeds of trust affecting the Leased Premises (hereinafter collectively referred to as the "Mortgagees"); provided, however, that with respect the Company shall not be required to pay any existing Mortgagesum demanded by any Mortgagee as consideration for any such non-disturbance agreement. If any ground lessor, no later than the date Tenant executes and delivers beneficiary or mortgagee elects to have this Lease andprior to the lien of its ground lease, with respect deed of trust or mortgage and gives written notice thereof to any future MortgageLessee, on or before the effective date thereof, Landlord shall obtain from the Mortgagee a written agreement with Tenant binding on their respective legal representatives, successors and assigns that provides, among other provisions, that so long as this Lease shall automatically be in full force and effect and there shall be no Event deemed prior to such ground lease, deed of Default hereunder (a) Tenant shall not be joined as a defendant in any proceeding which may be instituted to foreclose trust or enforce the Mortgage, and (b) Tenant's rights under mortgage whether this Lease and possession and use of the Premises in accordance with the provisions of this Lease shall not be terminated, diminished, affected is dated prior or disturbed by reason of the subordination to or any modification of or default under the Mortgage. If the Mortgagee or any successor in interest shall succeed subsequent to the rights date of Landlord under this Leasesaid ground lease, whether through possession, surrender, assignment, subletting, judicial deed of trust or foreclosure action, mortgage or delivery the date of a deed or otherwise, Tenant will attorn to and recognize such successor-landlord as Tenant's landlord provided the successor-landlord accepts such attornment and recognizes Tenant's rights under this Lease and Tenant's rights of possession and use of the Premises in accordance with the provisions of this Leaserecording thereof.

SUBORDINATION AND NON-DISTURBANCE. This Lease shall be subordinate and subject to any mortgages covering the fee of the Project, and to all Mortgagesrenewals, modifications or replacements thereof; provided, however, that with respect to any existing Mortgagemortgage, no later than the date Tenant executes and delivers this Lease and, with respect to any future Mortgagemortgage, on or before the effective date thereof, Landlord shall obtain from the Mortgagee its mortgagee, a written agreement with Tenant generally in the form attached hereto and marked EXHIBIT K. The agreement shall be binding on their respective legal representatives, successors and assigns that providesand provide, among other provisions, that so long as this Lease shall be in full force and effect and there shall be no Event of Default hereunder (a) Tenant shall not be joined as a defendant in any proceeding which may be instituted to foreclose or enforce the Mortgage, and mortgage; (b) Tenant's rights under this Lease and possession and use of the Premises Project in accordance with the provisions of this Lease shall not be terminated, diminished, affected or disturbed by reason of the subordination to or any modification of or default so long as Tenant is not in default under this Lease; and (c) the Mortgagemortgagee will make available to Landlord the insurance proceeds payable under policies of insurance required to be carried by Landlord in Article Ten for the purposes agreed upon in Article Ten. If the Mortgagee mortgagee or any successor in interest shall succeed to the rights of Landlord under this Lease, whether through possession, surrender, assignment, subletting, judicial or foreclosure action, or delivery of a deed or otherwise, Tenant will attorn to and recognize such successor-landlord as Tenant's landlord provided the successor-landlord accepts such attornment and recognizes Tenant's rights under this Lease and Tenant's rights of possession and use of the Leased Premises in accordance with the provisions of this Lease.

SUBORDINATION AND NON-DISTURBANCE. This Lease, and all rights and interests of Tenant hereunder, at Landlord’s option, shall be subordinate to any mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the Building, or any interest of Landlord therein (collectively “Mortgage”), and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Tenant’s right to quiet possession of the Premises shall not be disturbed if Tenant is not in default under the Lease. If any mortgagee, trustee shall elect to have this Lease be senior to the lien of its Mortgage, and shall give written notice thereof to Tenant, this Lease shall be subordinate and subject deemed senior to all Mortgages; provided, however, that with respect to any existing such Mortgage, no later than whether this Lease is dated prior or subsequent to the date of said Mortgage or the date of recording thereof. Tenant executes and delivers agrees to execute any documents required to effectuate an attornment, a subordination, or to make this Lease and, with respect prior to the lien of any future Mortgage, on or before the effective date thereof, Landlord shall obtain from the Mortgagee condition that such mortgagee executes a written non-disturbance agreement with in favor of Tenant binding on their respective legal representatives, successors and assigns that provides, among other provisions, which provides that so long as Tenant is not in default of this Lease shall be in full force and effect and there shall be no Event of Default hereunder (a) Tenant shall not be joined as a defendant in any proceeding which may be instituted Lease, Tenant’s right to foreclose or enforce the Mortgage, and (b) Tenant's rights under this Lease and possession and use of the Premises in accordance with and Tenant’s rights under the provisions of this Lease shall not be terminated, diminished, affected or disturbed by reason the mortgagee in the exercise of any of its rights or remedies against Landlord, nor shall Tenant be named as a party defendant to any foreclosure of the subordination lien or mortgage. Tenant’s failure to or any modification of or execute such documents within ten (10) days after written demand shall constitute a material default under the Mortgage. If the Mortgagee or any successor in interest shall succeed to the rights of Landlord under this Lease, whether through possession, surrender, assignment, subletting, judicial or foreclosure action, or delivery of a deed or otherwise, by Tenant will attorn to and recognize such successor-landlord as Tenant's landlord provided the successor-landlord accepts such attornment and recognizes Tenant's rights under this Lease and Tenant's rights of possession and use of the Premises in accordance with the provisions of this Leasehereunder.

SUBORDINATION AND NON-DISTURBANCE. This Tenant will subordinate this Lease shall be subordinate to the interest of any ground lessor and subject to all Mortgagesthe lien of any deed of trust or mortgage now or hereafter placed upon Landlord's interest in the Premises; provided, however, that with respect to Landlord procures from any existing Mortgage, no later than the date Tenant executes ground lessor and delivers this Lease and, with respect to any future Mortgage, on or before the effective date thereof, Landlord shall obtain from the Mortgagee a written holder of any deed of trust or mortgage affecting the Premises an agreement with Tenant binding on their respective legal representatives, successors and assigns signed by such ground lessor or holder providing that provides, among other provisions, that (a) so long as Tenant is not in default hereunder beyond the applicable grace or cure period, its tenancy will not be disturbed, nor its rights under this Lease shall affected by any default under such ground lease or deed of trust or mortgage nor will Tenant be in full force and effect and there shall be no Event of Default hereunder (a) Tenant shall not be joined named as a defendant in any foreclosure proceeding which may be instituted to foreclose or enforce the Mortgage, and (b) Tenantin the event of re-entry under any such ground lease or foreclosure under any such mortgage or deed of trust, or a granting of a deed in lieu thereof, any ground lessor, trustee, mortgagee or purchaser of Landlord's rights under this Lease and possession and use of interests will assume the Premises in accordance with the provisions of this Lease shall not be terminated, diminished, affected or disturbed by reason of the subordination to or any modification of or default under the Mortgage. If the Mortgagee or any successor in interest shall succeed to the rights obligations of Landlord under this Lease. Landlord shall use good faith efforts to obtain a so-called "non-disturbance agreement" containing the provisions set forth in "(a)" and "(b)' above from any interest which, whether through possession, surrender, assignment, subletting, judicial or foreclosure action, or delivery of a deed or otherwise, Tenant will attorn to and recognize such successor-landlord as Tenant's landlord provided the successor-landlord accepts such attornment and recognizes Tenant's rights under this Lease and Tenant's rights of possession and use of the Premises in accordance with date hereof, is superior to the provisions leasehold interest of this LeaseTenant hereunder.