Disturbance and Attornment Agreement Sample Contracts

BACKGROUND
Disturbance and Attornment Agreement • January 30th, 2008 • Lightning Gaming, Inc. • Blank checks • Pennsylvania
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LEASE SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT
Disturbance and Attornment Agreement • June 4th, 2022

THIS LEASE SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT ("Agreement") is dated as of _________ by and among __________ ("Landlord") residing at _________, __________ ("Tenant") residing at ________, and_________ (“Lender") with offices at ________, with respect to the following facts:

LEASE BETWEEN EDGEMONT TENANT, LLC AND CITY OF DURHAM FOR SPACE IN BUILDING 5 OF GOLDEN BELT, 807 EAST MAIN STREET, DURHAM, NC
Disturbance and Attornment Agreement • May 5th, 2020 • North Carolina

This Lease is made, dated, and entered into as of the day of , 2013 between EDGEMONT TENANT, LLC ("Landlord"), and the CITY OF DURHAM ("Tenant"). Landlord is a North Carolina limited liability company.

LANDLORD AND
Disturbance and Attornment Agreement • September 6th, 2007 • Athenahealth Inc • Services-business services, nec
SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT
Disturbance and Attornment Agreement • September 17th, 2021

THIS AGREEMENT, made as of this day of , 2021, by and between the City of Wichita, Kansas, a municipal corporation (“Owner” or “Lessor”), as lessor under the lease hereinafter described, and Cellco Partnership d/b/a Verizon Wireless, a successor-in-interest to Verizon Wireless (VAW) LLC d/b/a Verizon Wireless (“Operator” or “Lessee”), lessee under the aforementioned lease, in favor of ORIX Real Estate Capital, LLC d/b/a Lument Capital (“FHA Lender”), the owner and holder of the Mortgage hereinafter described.

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION MOTOR VEHICLES DIVISION ALSO KNOWN AS THE REGISTRY OF MOTOR VEHICLES DIVISION SUBORDINATION, NON-DISTURBANCE, AND ATTORNMENT AGREEMENT
Disturbance, and Attornment Agreement • February 11th, 2022 • Massachusetts

This SUBORDINATION, NON-DISTURBANCE, AND ATTORNMENT AGREEMENT (this Agreement) is made on , by and among ____________________ (Mortgagee), _______________________ (Landlord), and the Massachusetts Department of Transportation, Motor Vehicles Division, also known as the Registry of Motor Vehicles Division (Tenant).

EX-10.2 3 dex102.htm FOURTH AMENDMENT LEASE FOURTH AMENDMENT TO LEASE
Disturbance and Attornment Agreement • May 5th, 2020

THIS FOURTH AMENDMENT TO LEASE AGREEMENT (this “Amendment” or “Fourth Amendment”) is made and entered into by and between Minneapolis 225 Holdings, LLC, a Delaware limited liability company (“Landlord”) and Capella Education Company, a Minnesota corporation (“Tenant”), as of the 25th day of June, 2010 (the “Fourth Amendment Effective Date”).

EX-10.9 2 dex109.htm SHOPPING CENTER PURCHASE AGREEMENT SHOPPING CENTER PURCHASE AGREEMENT
Disturbance and Attornment Agreement • May 5th, 2020

THIS SHOPPING CENTER PURCHASE AGREEMENT (“Agreement”) is made as of the Effective Date (as defined below) by and between LAKESIDE PLAZA, LLC, a Virginia limited liability company (“Seller”), and PHILLIPS EDISON GROUP LLC, an Ohio limited liability company (“Purchaser”).

CONFIDENTIAL MATERIAL HAS BEEN OMMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISION. BOXES AND ASTERIXES DENOTE SUCH OMISSION
Disturbance and Attornment Agreement • August 13th, 2009 • Rackspace Hosting, Inc. • Services-computer programming, data processing, etc. • Illinois

CONFIDENTIAL MATERIAL HAS BEEN OMMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISION. BOXES AND ASTERIXES DENOTE SUCH OMISSION

MASTER LAND AND BUILDING LEASE (Pool A) between DBMFI LLC, a Delaware limited liability company, as LANDLORD and MORGAN’S FOODS, INC., an Ohio corporation as TENANT December 9, 2011
Disturbance and Attornment Agreement • May 29th, 2012 • Morgans Foods Inc • Retail-eating places • New York

THIS MASTER LAND AND BUILDING LEASE (this “Lease”) is made and entered into as of December 9, 2011 (the “Commencement Date”), by and between DBMFI LLC, a Delaware limited liability company (“Landlord”) and MORGAN’S FOODS, INC., an Ohio corporation (“Tenant ”).

LEASE
Disturbance and Attornment Agreement • August 18th, 1999 • Genzyme Transgenics Corp • Biological products, (no disgnostic substances) • Massachusetts
SECOND AMENDMENT TO LEASE
Disturbance and Attornment Agreement • May 1st, 2008 • Capella Education Co • Services-business services, nec
EXPLANATORY NOTE: “[**REDACTED**]” INDICATES THE PORTIONS OF THE EXHIBIT THAT HAVE BEEN OMITTED AND SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT.
Disturbance and Attornment Agreement • March 20th, 2012 • EverBank Financial Corp • Savings institution, federally chartered • Florida

THIS LEASE is made as of the date last signed by each of the parties hereto (the “Execution Date”) by and between EL-AD FLORIDA LLC, a Florida limited liability company (the “Landlord”) and EVERBANK, a Federal savings bank (the “Tenant”). The “Effective Date” shall mean February 3, 2012.

FOURTH AMENDMENT TO LEASE (EXPANSION & EXTENSION)
Disturbance and Attornment Agreement • February 17th, 2010 • Ensign Group, Inc • Services-skilled nursing care facilities

This Fourth Amendment to Lease (the “Agreement”) is entered into as of July 15, 2009, by and between MISSION RIDGE ASSOCIATES LLC, a Delaware limited liability company (“Landlord”), and ENSIGN FACILITY SERVICES, INC., a Nevada corporation (“Tenant”), with respect to the following facts and circumstances:

Prepared by and when recorded return to:
Disturbance and Attornment Agreement • January 15th, 2023
Contract
Disturbance and Attornment Agreement • October 10th, 2012 • American Assets Trust, Inc. • Real estate investment trusts

THIS DEED OF TRUST AND SECURITY AGREEMENT (this “Security Instrument”) is made as of the 10th day of October, 2012, by AAT CC BELLEVUE, LLC, a Delaware limited liability company (“Borrower”), as grantor, having an address at 11455 El Camino Real, Suite 200, San Diego, California 92130, Attention: John Chamberlain and Robert Barton in favor of CHICAGO TITLE COMPANY OF WASHINGTON, a Washington corporation, having an office at 701 5th Avenue, 23 Floor, Seattle, Washington 98104 (“Trustee”), as grantee, for the benefit of PNC BANK, NATIONAL ASSOCIATION, a national banking association (together with its successors and assigns, “Lender”), having an address at c/o Midland Loan Services, Inc., 10851 Mastin, Suite #300, Overland Park, Kansas 66210, Reference Loan Number 940960335, as beneficiary.

LEASE BY AND BETWEEN M WEST PROPCO X, LLC, a Delaware limited liability company as Landlord and INTEVAC, INC., a Delaware corporation as Tenant For Premises located at 3560-3580 Bassett Street, Santa Clara, California
Disturbance and Attornment Agreement • April 29th, 2014 • Intevac Inc • Special industry machinery, nec • California

This Subordination, Non-Disturbance and Attornment Agreement (“Agreement”) is effective as of the date of execution by the last of the parties hereto to execute their respective signatures as set forth below (the “Effective Date”) between THE BANK OF NEW YORK MELLON, a New York banking corporation, not in its individual capacity but solely as Trustee under the Reserve Trust Agreement for the PICA HARTFORD LIFE & ACCIDENT COMFORT TRUST and THE BANK OF NEW YORK MELLON, a New York banking corporation, not in its individual capacity but solely as Trustee under the Reserve Trust Agreement for the PAR U HARTFORD LIFE & ANNUITY COMFORT TRUST (together with its successors or assigns in interest, collectively “Lender”) with a mailing address c/o Prudential Asset Resources, Inc., 2100 Ross Avenue, Suite 2500, Dallas, Texas 75201, and INTEVAC, INC., a Delaware corporation (“Tenant”, which includes any assigns and successors in interest of Tenant permitted under the Lease), with a current mailing

L E A S E
Disturbance and Attornment Agreement • March 15th, 2022 • Aware Inc /Ma/ • Services-prepackaged software • Massachusetts

This Lease, by and between Landlord and the Tenant (as defined below), relates to the space in the building (the “Building”) known as 76 Blanchard Road of Blanchard Woods (the “Office Park”), in Burlington, Middlesex County, Massachusetts, with an address at 76 Blanchard Road Burlington, Massachusetts. The term “Lot” shall mean the parcel of land on which the Building is located; and the term “Property” shall mean the Lot and all improvements thereon from time to time, including the Building.

RECORDING REQUESTED BY
Disturbance and Attornment Agreement • June 14th, 2018 • California
SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT
Disturbance and Attornment Agreement • March 5th, 2024 • Arbutus Biopharma Corp • Pharmaceutical preparations

THIS SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT (this “Agreement”) is dated as of December ___, 2023 (the “Effective Date”), by and among UNIVEST BANK AND TRUST CO. (“Bank”), VETERANS CIRCLE GROUP, LLC, a Pennsylvania limited liability company (“Landlord”), and ARBUTUS BIOPHARMA, INC., a Delaware corporation (“Tenant”).

AGREEMENT OF SALE
Disturbance and Attornment Agreement • March 16th, 2018 • Blonder Tongue Laboratories Inc • Radio & tv broadcasting & communications equipment • New Jersey

THIS LEASE is made the ____ day of ____________, 2018, between Mountainblue Jake Brown Realty LLC, a New Jersey limited liability company, with an office located at 1180 Sylvan Street, Linden, NJ 07036 (hereinafter called "Landlord") and Blonder Tongue Laboratories, Inc., a Delaware corporation, having offices at 1 Jake Brown Road, Old Bridge, New Jersey 08857 (hereinafter called "Tenant").

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Page 1. USE AND RESTRICTIONS ON USE 1 2. TERM 2 3. RENT 3 4. RENT ADJUSTMENTS 4 5. SECURITY DEPOSIT 7 6. ALTERATIONS 9 7. REPAIR 10 8. LIENS 12 9. ASSIGNMENT AND SUBLETTING 12 10. INDEMNIFICATION 14 11. INSURANCE 15 12. WAIVER OF SUBROGATION 16 13....
Disturbance and Attornment Agreement • October 7th, 2011 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • Illinois

By this Lease Landlord leases the Premises to Tenant and Tenant leases the Premises from Landlord. The Premises are described in the Reference Pages and are depicted on the floor plan attached hereto as Exhibit A. The Building is depicted on the site plan attached hereto as Exhibit A-1. The Reference Pages, including all terms defined thereon, are incorporated as part of this Lease.

MORTGAGE, LINE OF CREDIT MORTGAGE AND DEED OF TRUST (WITH SECURITY AGREEMENT AND FINANCING STATEMENT) BY HEP PIPELINE, L.L.C., A DELAWARE LIMITED LIABILITY COMPANY, AS GRANTOR TO JOHN N. PATTERSON, AS TRUSTEE FOR THE BENEFIT OF HOLLY CORPORATION, A...
Disturbance and Attornment Agreement • March 6th, 2008 • Holly Energy Partners Lp • Pipe lines (no natural gas) • Texas

This Subordination, Non-Disturbance and Attornment Agreement (this “Agreement”) is executed effective as of February 29, 2008, among Union Bank of California, N.A., in its capacity as administrative agent (or any assignee of or successor to such administrative agent) under the Credit Agreement (as defined below) and on behalf of the Credit Parties (as defined below) (“Administrative Agent”), and Holly Corporation, a Delaware corporation (“Holly”).

TEXAS] FORM OF MORTGAGE AND DEED OF TRUST (WITH SECURITY AGREEMENT AND FINANCING STATEMENT) BY HEP FIN-TEX/TRUST-RIVER, L.P., A TEXAS LIMITED PARTNERSHIP, AS GRANTOR TO HARLIN R. DEAN, AS TRUSTEE FOR THE BENEFIT OF ALON USA, LP, A TEXAS LIMITED...
Disturbance and Attornment Agreement • March 4th, 2005 • Holly Energy Partners Lp • Pipe lines (no natural gas) • Texas

THIS MORTGAGE AND DEED OF TRUST (WITH SECURITY AGREEMENT AND FINANCING STATEMENT) (hereinafter referred to as this “Deed of Trust”), is entered into as of the 1st day of March, 2005, by HEP Fin-Tex/Trust-River, L.P., a Texas limited partnership (hereinafter referred to as “Grantor”), a subsidiary of Holly Energy Partners, L.P., a Delaware limited partnership (“HEP”), whose address for notice hereunder is at 100 Crescent Court, Suite 1600, Dallas, Texas 75201-6927, Attention: General Counsel, facsimile number (214) 871-3523, to Harlin R. Dean, Trustee (hereinafter referred to in such capacity as “Trustee”), whose address is 7616 LBJ Freeway, Suite 300, Dallas, Texas 75251, for the benefit of the herein below defined Beneficiary.

LEASE
Disturbance and Attornment Agreement • August 15th, 2016 • Mirna Therapeutics, Inc. • Pharmaceutical preparations
MORTGAGE, LINE OF CREDIT MORTGAGE AND DEED OF TRUST (WITH SECURITY AGREEMENT AND FINANCING STATEMENT) BY ROADRUNNER PIPELINE, L.L.C., A DELAWARE LIMITED LIABILITY COMPANY AS GRANTOR TO JOHN N. PATTERSON, AS TRUSTEE FOR THE BENEFIT OF HOLLY...
Disturbance and Attornment Agreement • December 7th, 2009 • Holly Energy Partners Lp • Pipe lines (no natural gas) • Texas

This Subordination, Non-Disturbance and Attornment Agreement (this “Agreement”) is executed effective as of December ___, 2009, among Union Bank, N.A., in its capacity as administrative agent (or any assignee of or successor to such administrative agent) under the Credit Agreement (as defined below) and on behalf of the Credit Parties (as defined below) (“Administrative Agent”), and Holly Corporation, a Delaware corporation (“Holly”).

EX-10.8.1 33 d778164dex1081.htm EX-10.8.1 OFFICE LEASE between TR 55 ALLEN PLAZA LLC Landlord and CONNECTURE, INC. Tenant September 30, 2013 LEASE SUMMARY Date: September 30, 2013 Landlord: TR 55 ALLEN PLAZA LLC, a Delaware limited liability company...
Disturbance and Attornment Agreement • May 5th, 2020

Commencement Date: [Section 2.1] The date upon which Landlord Substantially Completes (as defined below) the Tenant Improvements as set forth in Exhibit C and delivers the Premises to Tenant in accordance with the terms and conditions set forth in this Lease

AGREEMENT ---------
Disturbance and Attornment Agreement • September 13th, 2000 • Windsor Woodmont Black Hawk Resort Corp • Services-miscellaneous amusement & recreation • New York
Lexington, Massachusetts (the “Building”) FIRST AMENDMENT As of November 9, 2018 (“Execution Date”)
Disturbance and Attornment Agreement • November 15th, 2018 • uniQure N.V. • Pharmaceutical preparations • Massachusetts

EXISTING PREMISES: Approximately 53,343 rentable square feet of space in the Building, as more particularly shown as hatched, highlighted or outlined on the plan attached to the Lease as Exhibit lA

LEASE between BFP ONE LIBERTY PLAZA CO. LLC, Landlord and ARCH INSURANCE COMPANY, Tenant September 26, 2002 PREMISES: One Liberty Plaza New York, New York The Entire Fifty-Third (53rd) Floor
Disturbance and Attornment Agreement • March 31st, 2003 • Arch Capital Group LTD • Fire, marine & casualty insurance • New York

LEASE, dated September 26, 2002, between BFP ONE LIBERTY PLAZA CO. LLC having an office at c/o Brookfield Financial Properties, Inc., One Liberty Plaza, 165 Broadway, New York, New York 10006 (herein called “Landlord”), and ARCH INSURANCE COMPANY, a Missouri corporation, having an office at 110 William Street, New York, New York 10038 (herein called “Tenant”).

AMENDED AND RESTATED MASTER LEASE AGREEMENT Dated as of November 20, 2009 Between TOYS “R” US PROPERTY COMPANY II, LLC, as Landlord, and TOYS “R” US – DELAWARE, INC., as Tenant
Disturbance and Attornment Agreement • September 17th, 2010 • Toys R Us Property Co II, LLC • Operators of nonresidential buildings

AMENDED AND RESTATED MASTER LEASE AGREEMENT (this “Lease”), dated as of the 20th day of November, 2009, among TOYS “R” US PROPERTY COMPANY II, LLC (formerly known as GIRAFFE PROPERTIES, LLC) (“Landlord”), a Delaware limited liability company, having offices c/o Toys “R” Us, Inc., One Geoffrey Way, Wayne, New Jersey 07470, Attention: Chief Financial Officer, and TOYS “R” US – DELAWARE, INC., a Delaware corporation (“Tenant”), having its principal offices at One Geoffrey Way, Wayne, New Jersey 07470, Attention: Chief Financial Officer.

LEASE 322 North 2200 West (Building D) Salt Lake City, Utah LESSOR: BAY BRIDGE/CORPORATE, LLC LESSEE: MYRIAD GENETICS, INC.
Disturbance and Attornment Agreement • February 28th, 2024 • Myriad Genetics Inc • In vitro & in vivo diagnostic substances • Utah

This Lease dated as of the later date set forth next to the parties’ signatures below (the “Lease Date”), is made by and between Bay Bridge/Corporate, LLC, a Delaware limited liability company (“Lessor”), and Myriad Genetics, Inc., a Delaware corporation (“Lessee”).

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