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

SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT. This Sublease ------------------------------------------------------- shall be subject and subordinate to any and all mortgages, deeds of trust, and other instruments in the nature of a mortgage, which may now or hereafter affect the Premises, the Demised Premises or the real property of which the Demised Premises form a part. Although no instrument or act on the part of Sublessee shall be necessary to effectuate such subordination, Sublessee shall, when requested, promptly execute and deliver to Sublessor such written instruments as shall be necessary to show the subordination of this Sublease to said mortgages, deeds of trust, or other instruments in the nature of a mortgage. Sublessor represents that the Master Lease is in full force and effect and that Sublessor and, to Sublessor's best knowledge, Landlord have each performed all of their respective obligations set forth in the Master Lease to the date hereof. Sublessor further agrees to continue during the term of this Sublease, as it may be extended or renewed, to perform all of its obligations under the Master Lease, excepting only those obligations which are to be performed by Sublessee hereunder. Prior to the commencement of the term hereof and as a condition to the effectiveness of this Sublease, Sublessor shall deliver to Sublessee a written agreement with Landlord substantially in form attached hereto as Exhibit C. Sublessor shall obtain a non-disturbance agreement from any subsequent mortgagee of the building of which the Premises are a part who subordinates the Master Lease to its interest as provided in Section 8.2 of the Master Lease.

SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT. This Sublease ------------------------------------------------------- Simultaneously upon Tenant's execution of this Lease, Tenant shall be subject execute a Subordination, Non-Disturbance and subordinate to any and all mortgages, deeds of trust, and other instruments Attornment Agreement in the nature form attached hereto as EXHIBIT J. Landlord shall return a fully executed Subordination, Non-Disturbance and Attornment Agreement in the form attached hereto as EXHIBIT J executed by Landlord and the Lender named therein, in recordable form, to Tenant as soon as reasonably possible but not later than ninety (90) days after the date of a mortgage, this Lease. Landlord shall use reasonable efforts (which may now or hereafter affect efforts shall not require the Premises, the Demised Premises expenditure of funds or the real property threat (or commencement) of which litigation) to obtain a so-called "nondisturbance agreement" from any future Landlord's Mortgagee in the Demised Premises form a partattached hereto as EXHIBIT J or another form reasonably acceptable to Tenant and such Landlord's Mortgagee or other institutional lenders (either the form attached hereto as EXHIBIT J or such other reasonably acceptable form being herein referred to as the "NON-DISTURBANCE AGREEMENT"). Although no instrument or act on the part Notwithstanding any other provision of Sublessee shall be necessary to effectuate such subordinationthis Lease, Sublessee shall, when requested, promptly execute and deliver to Sublessor such written instruments as shall be necessary to show the subordination of this Sublease Lease to said mortgages, deeds any Mortgage under Section 12.(a) and the Attornment of trust, or other instruments in the nature 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 mortgage. Sublessor represents that the Master Lease is in full force and effect and that Sublessor and, to Sublessor's best knowledge, Landlord have each performed all of their respective obligations set forth in the Master Lease to the date hereof. Sublessor further agrees to continue during the term of this Sublease, as it may be extended or renewed, to perform all of its obligations under the Master Lease, excepting only those obligations which are to be performed by Sublessee hereunder. Prior to the commencement of the term hereof and as a condition to the effectiveness of this Sublease, Sublessor shall deliver to Sublessee a written agreement with Landlord substantially in form attached hereto as Exhibit C. Sublessor shall obtain a nonNon-disturbance agreement from any subsequent mortgagee of the building of which the Premises are a part who subordinates the Master Lease to its interest as provided in Section 8.2 of the Master LeaseDisturbance Agreement.

SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT. This Sublease ------------------------------------------------------- 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, and Landlord shall seek to obtain a similar subordination, non-disturbance and attornment agreement from any future Landlord’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 subject conditioned upon such future Landlord’s Mortgagee’s execution and subordinate to any delivery of a subordination, non-disturbance and all mortgages, deeds of trust, and other instruments attornment agreement in the nature form of a mortgage, which may now Exhibit G hereto or hereafter affect the Premises, the Demised Premises or the real property of which the Demised Premises another form a part. Although no instrument or act on the part of Sublessee shall be necessary reasonably acceptable to effectuate Tenant and such subordination, Sublessee shall, when requested, promptly execute and deliver to Sublessor such written instruments as shall be necessary to show the subordination of this Sublease to said mortgages, deeds of trust, Landlord’s Mortgagee or other instruments in institutional lenders. RULES AND REGULATIONS 13. Tenant shall comply with the nature rules and regulations of a mortgage. Sublessor represents that the Master Lease is in full force and effect and that Sublessor and, to Sublessor's best knowledge, Landlord have each performed all of their respective obligations set forth in the Master Lease to the date hereof. Sublessor further agrees to continue during the term of this Sublease, as it may be extended or renewed, to perform all of its obligations under the Master Lease, excepting only those obligations Building which are to be performed by Sublessee hereunder. Prior to the commencement of the term hereof and as a condition to the effectiveness of this Sublease, Sublessor shall deliver to Sublessee a written agreement with Landlord substantially in form attached hereto as Exhibit C. Sublessor shall obtain a non-disturbance agreement B. Landlord may, from any subsequent mortgagee time to time, change such rules and regulations for the safety, care, or cleanliness of the building of which the Premises Building and related facilities, provided that such changes are a part who subordinates the Master Lease applicable to its interest as provided in Section 8.2 all tenants of the Master LeaseBuilding and will not unreasonably interfere with Tenant’s use of the Premises. Tenant shall be responsible for the compliance with such rules and regulations by its employees, agents, and invitees.

SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT. This Sublease ------------------------------------------------------- Simultaneously upon Tenant's execution of this Lease, Tenant shall be subject execute a Subordination, Non-Disturbance and subordinate to any and all mortgages, deeds of trust, and other instruments Attornment Agreement in the nature of a mortgage, which may now or hereafter affect the Premises, the Demised Premises or the real property of which the Demised Premises form a part. Although no instrument or act on the part of Sublessee shall be necessary to effectuate such subordination, Sublessee shall, when requested, promptly execute and deliver to Sublessor such written instruments as shall be necessary to show the subordination of this Sublease to said mortgages, deeds of trust, or other instruments in the nature of a mortgage. Sublessor represents that the Master Lease is in full force and effect and that Sublessor and, to Sublessor's best knowledge, Landlord have each performed all of their respective obligations set forth in the Master Lease to the date hereof. Sublessor further agrees to continue during the term of this Sublease, as it may be extended or renewed, to perform all of its obligations under the Master Lease, excepting only those obligations which are to be performed by Sublessee hereunder. Prior to the commencement of the term hereof and as a condition to the effectiveness of this Sublease, Sublessor shall deliver to Sublessee a written agreement with Landlord substantially in form attached hereto as Exhibit C. Sublessor 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 nonso-disturbance agreement called "nondisturbance agreement" from any subsequent mortgagee 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 building attornment of which the Premises are 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 part who subordinates the Master Lease to its interest as provided in Section 8.2 of the Master LeaseNon-Disturbance Agreement.

SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT. This Sublease ------------------------------------------------------- Simultaneously upon Tenant's execution of this Lease, Tenant shall be subject execute a Subordination, Non-Disturbance and subordinate to any and all mortgages, deeds of trust, and other instruments Attornment Agreement in the nature of a mortgage, which may now or hereafter affect the Premises, the Demised Premises or the real property of which the Demised Premises form a part. Although no instrument or act on the part of Sublessee shall be necessary to effectuate such subordination, Sublessee shall, when requested, promptly execute and deliver to Sublessor such written instruments as shall be necessary to show the subordination of this Sublease to said mortgages, deeds of trust, or other instruments in the nature of a mortgage. Sublessor represents that the Master Lease is in full force and effect and that Sublessor and, to Sublessor's best knowledge, Landlord have each performed all of their respective obligations set forth in the Master Lease to the date hereof. Sublessor further agrees to continue during the term of this Sublease, as it may be extended or renewed, to perform all of its obligations under the Master Lease, excepting only those obligations which are to be performed by Sublessee hereunder. Prior to the commencement of the term hereof and as a condition to the effectiveness of this Sublease, Sublessor shall deliver to Sublessee a written agreement with Landlord substantially in form attached hereto as Exhibit C. Sublessor H. Landlord shall return a fully executed Subordination, Non- --------- Disturbance and Attornment Agreement in the form attached hereto as Exhibit H, --------- executed by Landlord and the Lender named therein to Tenant as soon as reasonably possible but not later than ninety (90) days after the date of this Lease. Landlord shall use reasonable efforts (which efforts shall not require the expenditure of funds or the threat (or commencement) of litigation) to obtain a nonso-disturbance agreement called "nondisturbance agreement" from any subsequent mortgagee future Landlord's Mortgagee in the form attached hereto as Exhibit H or another form reasonably --------- acceptable to Tenant and such Landlord's Mortgagee or other institutional lenders (either the form attached hereto as Exhibit H 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 building attornment of which the Premises are 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 part who subordinates the Master Lease to its interest as provided in Section 8.2 of the Master LeaseNon-Disturbance Agreement.

SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT. This Sublease ------------------------------------------------------- Landlord shall be subject obtain a subordination, non-disturbance and subordinate to any and all mortgagesattornment agreement from the current Landlord’s Mortgagee, deeds of trustif any, and other instruments any future Landlord’s Mortgagee, in the nature of a mortgagesuch Landlord’s Mortgagee’s standard form therefor with such changes thereto as may be agreed upon by Tenant and such Landlord’s Mortgagee; however, which may now or hereafter affect the Premises, the Demised Premises or the real property of which the Demised Premises form a part. Although no instrument or act on the part of Sublessee shall be necessary to effectuate any commercially reasonable fees charged by such Landlord’s Mortgagee associated with obtaining such subordination, Sublessee shallnon-disturbance and attornment agreement (except for the administrative fee of obtaining such subordination, when requestednon-disturbance and attornment agreement and the initial $2,500 in Landlord’s Mortgagee’s legal fees, promptly execute payable to such Landlord’s Mortgagee, which shall be paid by Landlord) shall be paid by Tenant within 15 days after Landlord’s written request therefor and, if previously received by Landlord, accompanied by a reasonably detailed itemization of such fees and costs. Additionally and at no cost or expense to Tenant, Landlord shall obtain and deliver to Sublessor such written instruments as shall be necessary to show Tenant on the subordination of this Sublease to said mortgagesLease Date a lease recognition and non-disturbance agreement from Landlord’s Affiliate, deeds of trustInnovation Blvd. I, or other instruments LLC, a Delaware limited liability company, in the nature of a mortgage. Sublessor represents that the Master Lease is in full force and effect and that Sublessor and, to Sublessor's best knowledge, Landlord have each performed all of their respective obligations set forth in the Master Lease to the date hereof. Sublessor further agrees to continue during the term of this Sublease, as it may be extended or renewed, to perform all of its obligations under the Master Lease, excepting only those obligations which are to be performed by Sublessee hereunder. Prior to the commencement of the term hereof and as a condition to the effectiveness of this Sublease, Sublessor shall deliver to Sublessee a written agreement with Landlord substantially in form attached hereto as Exhibit C. Sublessor shall obtain a non-disturbance agreement M, and upon written request by Tenant, from any subsequent mortgagee of the building of which the Premises are a part who subordinates the Master head landlord under any Primary Lease to its interest as provided in Section 8.2 of the Master Leasethat hereinafter may be entered into.

SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT. This Sublease ------------------------------------------------------- Landlord shall be subject obtain a subordination, non-disturbance and subordinate to any and all mortgagesattornment agreement from the current Landlord’s Mortgagee, deeds of trustif any, and other instruments any future Landlord’s Mortgagee, in the nature of a mortgagesuch Landlord’s Mortgagee’s standard form therefor with such changes thereto as may be agreed upon by Tenant and such Landlord’s Mortgagee; however, which may now or hereafter affect the Premises, the Demised Premises or the real property of which the Demised Premises form a part. Although no instrument or act on the part of Sublessee shall be necessary to effectuate any commercially reasonable fees charged by such Landlord’s Mortgagee associated with obtaining such subordination, Sublessee shallnon-disturbance and attornment agreement (except for the administrative fee of obtaining such subordination, when requestednon-disturbance and attornment agreement and the initial $2,500 in Landlord’s Mortgagee’s legal fees, promptly execute payable to such Landlord’s Mortgagee, which shall be paid by Landlord) shall be paid by Tenant within 15 days after Landlord’s written request therefor and, if previously received by Landlord, accompanied by a reasonably detailed itemization of such fees and costs. Additionally and at no cost or expense to Tenant, Landlord shall obtain and deliver to Sublessor such written instruments as shall be necessary to show Tenant on the subordination of this Sublease to said mortgagesLease Date a lease recognition and non-disturbance agreement from Landlord’s Affiliate, deeds of trustInnovation Blvd. I, or other instruments LLC, a Delaware limited liability company, in the nature of a mortgage. Sublessor represents that the Master Lease is in full force and effect and that Sublessor and, to Sublessor's best knowledge, Landlord have each performed all of their respective obligations set forth in the Master Lease to the date hereof. Sublessor further agrees to continue during the term of this Sublease, as it may be extended or renewed, to perform all of its obligations under the Master Lease, excepting only those obligations which are to be performed by Sublessee hereunder. Prior to the commencement of the term hereof and as a condition to the effectiveness of this Sublease, Sublessor shall deliver to Sublessee a written agreement with Landlord substantially in form attached hereto as Exhibit C. Sublessor shall obtain a non-disturbance agreement N, and upon written request by Tenant, from any subsequent mortgagee of the building of which the Premises are a part who subordinates the Master head landlord under any Primary Lease to its interest as provided in Section 8.2 of the Master Leasethat hereinafter may be entered into.

SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT. This Sublease ------------------------------------------------------- Landlord shall be subject and subordinate deliver to any and all mortgages, deeds of trustTenant a Subordination Agreement executed by Landlord’s current Landlord’s Mortgagee substantially in the form attached hereto as Exhibit K by the Commencement Date, and other instruments in the nature of a mortgage, which may now or hereafter affect the Premises, the Demised Premises or the real property of which the Demised Premises form a part. Although no instrument or act on the part of Sublessee Tenant shall be necessary to effectuate such subordination, Sublessee shall, when requested, promptly execute and deliver to Sublessor Landlord two (2) originals of such written instruments as agreement. Landlord shall be necessary use reasonable efforts to show the subordination of this Sublease to said mortgages, deeds of trust, or other instruments in the nature of a mortgage. Sublessor represents that the Master Lease is in full force and effect and that Sublessor and, to Sublessor's best knowledge, Landlord have each performed all of their respective obligations set forth in the Master Lease to the date hereof. Sublessor further agrees to continue during the term of this Sublease, as it may be extended or renewed, to perform all of its obligations under the Master Lease, excepting only those obligations which are to be performed by Sublessee hereunder. Prior to the commencement of the term hereof and as a condition to the effectiveness of this Sublease, Sublessor shall deliver to Sublessee a written agreement with Landlord substantially in form attached hereto as Exhibit C. Sublessor shall obtain a subordination, non-disturbance and attornment agreement from any subsequent mortgagee future Landlord’s Mortgagee in such Landlord’s Mortgagee’s standard form therefor with such changes as Tenant and such Landlord’s Mortgagee may agree; however, Landlord’s failure to obtain such agreement shall not constitute a default by Landlord hereunder or in any manner affect Tenant’s obligations and liabilities under this Lease or prohibit the mortgaging of the building Building; and further provided that to the extent such subordination, non-disturbance and attornment agreement has been requested by Tenant, any costs in excess of which $2,500 associated with obtaining such agreement shall be 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 Premises are a part who subordinates incurrence by Landlord of any additional expense (unless Tenant agrees in writing to reimburse Landlord for all such expenses) or liabilities or obligations with respect to the Master Lease to its interest as provided in Section 8.2 of the Master Leaseexisting mortgage or Landlord’s Mortgagee.

SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT. This Sublease ------------------------------------------------------- Simultaneously upon Tenant's execution of this Lease, Tenant shall be subject execute a Subordination, Non-Disturbance and subordinate to any and all mortgages, deeds of trust, and other instruments Attornment Agreement in the nature of a mortgage, which may now or hereafter affect the Premises, the Demised Premises or the real property of which the Demised Premises form a part. Although no instrument or act on the part of Sublessee shall be necessary to effectuate such subordination, Sublessee shall, when requested, promptly execute and deliver to Sublessor such written instruments as shall be necessary to show the subordination of this Sublease to said mortgages, deeds of trust, or other instruments in the nature of a mortgage. Sublessor represents that the Master Lease is in full force and effect and that Sublessor and, to Sublessor's best knowledge, Landlord have each performed all of their respective obligations set forth in the Master Lease to the date hereof. Sublessor further agrees to continue during the term of this Sublease, as it may be extended or renewed, to perform all of its obligations under the Master Lease, excepting only those obligations which are to be performed by Sublessee hereunder. Prior to the commencement of the term hereof and as a condition to the effectiveness of this Sublease, Sublessor shall deliver to Sublessee a written agreement with Landlord substantially in form attached hereto as Exhibit C. Sublessor J. Landlord shall return a fully executed Subordination, Non-Disturbance and Attornment Agreement in the form attached hereto as Exhibit J, executed by Landlord and the Lender named therein to Tenant as soon as reasonably possible. Landlord shall use reasonable efforts (which efforts shall not require the expenditure of funds or the threat (or commencement) of litigation) to obtain a nonso-disturbance agreement called "nondisturbance agreement" from any subsequent mortgagee future Landlord's Mortgagee in the form attached hereto as Exhibit J or another form reasonably acceptable to Tenant and such Landlord's Mortgagee or other institutional lenders (either the form attached hereto as Exhibit 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 building attornment of which the Premises are 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 part who subordinates the Master Lease to its interest as provided in Section 8.2 of the Master LeaseNon-Disturbance Agreement.