Common use of SUBORDINATION TO MORTGAGES Clause in Contracts

SUBORDINATION TO MORTGAGES. This Lease is hereby made expressly subject and subordinate at all times to any and all mortgages, deeds of trust, ground or underlying leases affecting the Premises which have been executed and delivered or which will hereafter be executed and delivered and any and all extensions and renewals thereof and substitutions therefore and to any and all advances made or to be made under or upon said mortgages, deeds of trust, ground or underlying leases. Tenant agrees to execute any instrument or instruments which the Landlord may deem necessary or desirable to effect the subordination of this Lease to any or such mortgages, deeds of trust, ground or underlying leases and in the event that the Tenant shall refuse, after reasonable notice, to execute such instrument or instruments which the Landlord may deem necessary or desirable to effect the subordination of the Lease to any or all such mortgages, deeds of trust, ground or underlying leases and in the event that the Tenant shall refuse, after reasonable notice, to execute such instrument or instruments, the Landlord may, in addition to any right or remedy accruing hereunder, terminate this Lease without incurring any liability whatsoever and the estate hereby granted is expressly limited accordingly. The Tenant hereby agrees to attorn to any future owner of the Lessor's interest in the Premises under this Lease, whether such occurs by reason of the dispossession of the Landlord or otherwise, and such shall not constitute a default by Tenant hereunder.

SUBORDINATION TO MORTGAGES. This Lease is hereby expressly made expressly subject and subordinate at all times to any and all mortgages, deeds of trustmortgage, ground lease, underlying lease or underlying leases like encumbrance affecting any part of the Leased Premises or any interest of Landlord therein which have been is now existing or hereafter executed and delivered or which will hereafter be executed and delivered and any and all extensions and renewals thereof and substitutions therefore and to any and all advances made or to be made under or upon said mortgages, deeds of trust, ground or underlying leasesrecorded. Tenant agrees to execute any instrument or instruments which the Landlord may deem necessary or desirable to effect Notwithstanding the subordination of this Lease to any mortgage as may be set forth in this Lease, Tenant’s right to possession of the Leased Premises shall not be disturbed if Tenant is not in default under this Lease and so long as Tenant shall attorn to and pay the rents and other amounts required to be paid to Landlord or Landlord’s successor in interest as same are due pursuant to the terms hereof, whatever the case may be, provided only that this Lease is not otherwise terminated pursuant to its terms. The provisions of this Section 16 shall be self-operative and no further instrument of subordination and non-disturbance shall be required; however, Landlord hereby agrees to use reasonable efforts to obtain for Tenant a non-disturbance agreement from any current or future mortgagee and any current or future underlying lessor, in the reasonable standard form customarily employed by such mortgagesmortgagee or lessor, deeds and this Lease shall be contingent upon the delivery of trust, ground same in respect of any mortgagee or underlying leases and lessor existing on the Commencement Date, in the event that the failure to deliver the same to Tenant shall refuse, after reasonable notice, to execute such instrument or instruments which the Landlord may deem necessary or desirable to effect the subordination executed by Landlord’s mortgagee within five (5) days of the Lease to any or all such mortgages, deeds of trust, ground or underlying leases and in the event that Commencement Date shall entitle the Tenant shall refuse, after reasonable notice, to execute such instrument or instruments, the Landlord may, in addition to any right or remedy accruing hereunder, terminate this Lease without incurring any liability whatsoever and the estate hereby granted is expressly limited accordingly. The Tenant hereby agrees by notice to attorn to any future owner of the Lessor's interest in the Premises under this Lease, whether such occurs by reason of the dispossession of the Landlord or otherwise, and which notice may be given at any time prior to the receipt of such shall not constitute a default by Tenant hereunderagreement.

SUBORDINATION TO MORTGAGES. This Lease is hereby made expressly subject and subordinate at all times to any and all mortgages, deeds of trust, ground or underlying leases affecting the Premises which have been executed and delivered or which will hereafter be executed and delivered and any and all extensions and renewals thereof and substitutions therefore therefor and to any and all advances made or to be made under or upon said mortgages, deeds of trust, ground or underlying leases. Tenant agrees to execute any instrument or instruments which the Landlord may deem necessary or desirable to effect the subordination of this Lease lease to any or all such mortgages, deeds of trust, ground or underlying leases and in within 10 days of Landlord's request. In the event that the Tenant shall refuse, after reasonable notice10 days following Landlord's request, to execute such instrument or instruments which the Landlord may deem necessary or desirable to effect the subordination of the Lease to any or all such mortgages, deeds of trust, ground or underlying leases and in the event that the Tenant shall refuse, after reasonable notice, to execute such instrument or instrumentsleases, the Landlord may, in addition to any right or remedy accruing hereunder, terminate this Lease without incurring any liability whatsoever and the estate hereby granted is expressly limited accordingly. The Tenant hereby agrees to attorn to any future owner of the LessorLandlord's interest in the Premises under this Lease, whether such occurs by reason of the dispossession of the Landlord or otherwise, and such shall not constitute a default by Tenant Landlord hereunder.

SUBORDINATION TO MORTGAGES. This At the option of Landlord, this Lease is hereby made expressly shall be subject and subordinate at all times to any the lien of all mortgages and all mortgages, deeds of trust, ground trust in any amount or underlying leases affecting the Premises amounts whatsoever which have been executed and delivered may now exist or which will hereafter be executed and delivered and any and all extensions and renewals thereof and substitutions therefore placed on or against the Building or on or against Landlord's interest or estate therein and to any and all advances made or to be made under or upon said mortgages, deeds of trust, ground or other underlying leaseslease, all without the necessity of having further instruments executed by Tenant to effectuate such subordination. Notwithstanding the foregoing, in the event of a foreclosure of any such mortgage or deed of trust or the termination of any such lease, this Lease shall not be terminated, nor will the possession of Tenant hereunder be disturbed, if Tenant shall not then be in default hereunder, and Tenant shall attorn to the purchaser at such foreclosure or the landlord under any such lease. Tenant agrees to execute any instrument or execute, acknowledge and deliver upon demand such further instruments which the Landlord may deem necessary or desirable to effect the evidencing such subordination of this Lease to the lien of any such mortgages or such mortgages, deeds of trusttrust or to any such lease as may reasonably be required by Landlord, its lender, its landlord, or the title insurer of its lender or landlord; provided, however, that Tenant's covenant to subordinate this Lease to mortgages or deeds of trust or ground or other underlying leases and hereafter executed is conditioned upon each such senior instrument containing the commitment specified in the event that the Tenant shall refuse, after reasonable notice, to execute such instrument or instruments which the Landlord may deem necessary or desirable to effect the subordination of the Lease to any or all such mortgages, deeds of trust, ground or underlying leases and in the event that the Tenant shall refuse, after reasonable notice, to execute such instrument or instruments, the Landlord may, in addition to any right or remedy accruing hereunder, terminate this Lease without incurring any liability whatsoever and the estate hereby granted is expressly limited accordingly. The Tenant hereby agrees to attorn to any future owner of the Lessor's interest in the Premises under this Lease, whether such occurs by reason of the dispossession of the Landlord or otherwise, and such shall not constitute a default by Tenant hereunderpreceding sentence.

SUBORDINATION TO MORTGAGES. This It is agreed that the rights and interest of Tenant under this Lease is hereby made expressly shall be: (i) subject and subordinate at all times to the lien of any and all mortgages, deeds of trust, ground present or underlying leases affecting the Premises which have been executed and delivered or which will hereafter be executed and delivered and any and all extensions and renewals thereof and substitutions therefore future first mortgage and to any and all advances made or to be made thereunder, and to the interest thereon, upon the Demised Premises or any property of which the Demised Premises are a part, if the holder of such mortgage shall elect, by notice to Tenant, to subject and subordinate the rights and interest of Tenant under this Lease to the lien of its mortgage; or (ii) prior to the lien of any present or future first mortgage, if the holder of such mortgage shall elect, by notice to Tenant, to give the rights and interest of Tenant under this Lease priority to the lien of its mortgage. It is understood and agreed that the holder of such mortgage may also elect, by notice to Tenant, to make some provisions hereof subject and subordinate to the lien of its mortgage while granting other provisions hereof priority to the lien of its mortgage. In the event of any of such elections, and upon notification by the holder of such mortgage to that effect, the rights and interest of Tenant under this Lease shall be deemed to be subordinate to, or to have priority over, as the case may be, the lien of said mortgagesmortgage, deeds irrespective of trust, ground the time of execution or underlying leasestime of recording of any such mortgage. Tenant agrees to execute that it will, upon request of Landlord, execute, acknowledge and deliver any instrument or and all instruments which the deemed by Landlord may deem necessary or desirable to effect the evidence or to give notice of such subordination of this Lease or priority. Tenant also agrees that if it shall fail at any time to execute, acknowledge and deliver any or such mortgages, deeds of trust, ground or underlying leases and in the event that the Tenant shall refuse, after reasonable notice, to execute such instrument or instruments which the Landlord may deem necessary or desirable to effect the subordination of the Lease to any or all such mortgagesrequested by Landlord, deeds of trust, ground or underlying leases and in the event that the Tenant shall refuse, after reasonable notice, to execute such instrument or instruments, the Landlord may, in addition to any right other remedies available to it, execute, acknowledge and deliver such instrument as the attorney-in-fact of Tenant and in Tenant’s name; and Tenant does hereby make, constitute and irrevocably appoint Landlord as its attorney-in-fact and in its name, place and stead so to do. The word “mortgage” as used herein includes mortgages, deeds of trust or remedy accruing hereunderother similar instruments and modifications, terminate consolidations, extensions, renewals, replacements and substitutes thereof. Whether the lien of any mortgage upon the Demised Premises or any property of which the Demised Premises are a part shall be superior or subordinate to this Lease without incurring any liability whatsoever and the estate hereby granted is expressly limited accordingly. The lien hereof, Tenant hereby agrees to that it will, upon request, attorn to the holder of such mortgage or anyone claiming under such holder and their respective successors and assigns in the event of foreclosure of or similar action taken under such mortgage. Tenant further agrees that it shall not subordinate its interest in this Lease to the lien of any future owner junior mortgage, security agreement or lease affecting the Demised Premises, unless the holder of the Lessor's interest in first mortgage upon the Demised Premises under this Lease, whether such occurs by reason of or property which includes the dispossession of the Landlord or otherwise, and such Demised Premises shall not constitute a default by Tenant hereunderconsent thereto.

SUBORDINATION TO MORTGAGES. This Lease is hereby made expressly subject and subordinate at all times to any and all mortgages, deeds of trust, ground or underlying leases affecting the Premises which have been executed and delivered or which will hereafter be executed and delivered and any and all extensions and renewals thereof and substitutions therefore and to any and all advances made or to be made under or upon said mortgages, deeds of trust, ground or underlying leases. Tenant agrees to execute any instrument or instruments without modification or change, which the Landlord may deem necessary or desirable to effect the subordination of this Lease to any or such mortgages, deeds of trust, ground or underlying leases and in the event that the Tenant shall refuse, after reasonable notice, to execute such instrument or instruments which the Landlord may deem necessary or desirable to effect the subordination of the Lease to any or all such mortgages, deeds of trust, ground or underlying leases and in the event that the Tenant shall refuse, after reasonable notice, to execute such instrument or instruments, the Landlord may, in addition to any right or remedy accruing hereunder, terminate this Lease without incurring any liability whatsoever and the estate hereby granted is expressly limited accordingly. The Tenant hereby agrees to attorn to any future owner of the Lessor's interest in the Premises under this Lease, whether such occurs by reason of the dispossession of the Landlord or otherwise, and such shall not constitute a default by Tenant hereunder.

SUBORDINATION TO MORTGAGES. 28.1 This Lease is hereby made expressly subject and subordinate at all times to any and all mortgages, mortgages or deeds of trust, ground or underlying leases affecting the Premises Premises, the Building and/or the Project which have been executed and delivered or which will hereafter be executed and delivered and any and all extensions and renewals thereof and all modifications thereof, substitutions therefore therefor and to any and all advances made or to be made under or upon said mortgages, or deeds of trusttrust and notes secured thereby and such, ground or underlying leases. Provided Tenant has been furnished with a suitable non-disturbance agreement, Tenant agrees to execute any instrument or instruments which the Landlord may deem necessary or desirable to effect the subordination of this Lease to any or all such mortgages, deeds of trust, ground or underlying leases provided any such instrument is true, accurate and not misleading, and in the event that the Tenant shall refuse, after reasonable notice, to execute such instrument or instruments which the Landlord may deem necessary or desirable to effect the subordination of the Lease to any or all such Landlord’s Initial: Tenant’s Initial: mortgages, deeds of trust, ground or underlying leases and in the event that the Tenant shall refuse, after reasonable notice, to promptly execute such instrument or instruments, the Landlord may, in addition to any right or remedy accruing hereunder, terminate this Lease without incurring any liability whatsoever to Tenant for damages or otherwise and the estate tenancy hereby granted is expressly limited accordingly. The Tenant hereby agrees to attorn to any future owner of the Lessor's interest in the Premises under this Lease, whether such occurs by reason of the dispossession of the Landlord or otherwise, and such shall not constitute a default by Tenant hereunder.

SUBORDINATION TO MORTGAGES. This Lease is hereby made expressly and all rights of Tenant hereunder are and shall be subject and subordinate at all times to the lien of any and all mortgage or mortgages, deeds of trustor consolidated mortgage or mortgages, ground which may now or underlying leases affecting hereafter affect the Premises which have been executed and delivered Demised Premises, or which will hereafter be executed and delivered and any and all extensions and renewals thereof and substitutions therefore part thereof, and to any and all advances made renewals, modifications, consolidations, replacements, and extensions of any such mortgage or mortgages, provided, however, that any and all mortgagees shall provide to Tenant non-disturbance and attornment agreements satisfactory to Tenant as provided below. Tenant shall, upon demand at any time or times, execute, acknowledge, and deliver to Landlord, without expense to Landlord, such reasonable instruments that may be necessary or proper to reasonably subordinate this Lease and all rights hereunder to the lien of any such mortgage or mortgages and each such renewal, modification, consolidation, replacement, and extension. Landlord agrees to have included in any existing mortgage or in any renewal, modification, consolidation, replacement, or extension of any such mortgage hereafter made, or in a written instrument in recordable form executed by the mortgagee in connection therewith, provisions to the effect that so long as there shall be outstanding no default in any of the terms, conditions, covenants, or agreements of this Lease on the part of Tenant to be made performed, said mortgagee shall provide to Tenant written notice of any default by Landlord under or upon said mortgagesthe terms of any such mortgage and the leasehold estate of Tenant created hereby, deeds and Tenant’s peaceable and quiet possession of trustthe Demised Premises, ground or underlying leasesshall remain undisturbed by any foreclosure of such mortgage. Tenant agrees Tenant’s agreement to execute any instrument or instruments which the Landlord may deem necessary or desirable to effect the subordination of subordinate this Lease to any or such mortgages, deeds of trust, ground or underlying leases and in the event that the Tenant shall refuse, after reasonable notice, to execute such instrument or instruments which the Landlord may deem necessary or desirable to effect the subordination of the Lease to any or all such mortgages, deeds of trust, ground or underlying leases and in the event that the Tenant shall refuse, after reasonable notice, to execute such instrument or instruments, the Landlord may, in addition to any right or remedy accruing hereunder, terminate this Lease without incurring any liability whatsoever and the estate hereby granted mortgage is expressly limited accordingly. The Tenant hereby agrees contingent upon the mortgagee agreeing to attorn to any future owner of the Lessor's interest in the Premises under this Lease, whether such occurs by reason of the dispossession of the Landlord or otherwise, and such shall not constitute a default by Tenant hereunderabove provisions.

SUBORDINATION TO MORTGAGES. This Lease is hereby made expressly subject and subordinate at all times to any and all mortgages, deeds of trust, ground or underlying leases affecting the Premises which have been executed and delivered or which will hereafter be executed and delivered and any and all extensions and renewals thereof and substitutions therefore and to any and all advances made or to be made under or upon said mortgages, deeds of trust, ground or underlying leases. Tenant agrees to execute any instrument or instruments which the Landlord may deem necessary or desirable to effect the subordination of this Lease to any or such mortgages, deeds of trust, ground or underlying leases and in the event that the Tenant shall refuse, after reasonable notice, to execute such instrument or instruments which the Landlord may deem necessary or desirable to effect the subordination of the Lease to any or all such mortgages, deeds of trust, ground or underlying leases and in the event that the Tenant shall refuse, after reasonable notice, to execute such instrument or instruments, the Landlord may, in addition to any right or remedy accruing hereunder, terminate this Lease without incurring any liability whatsoever and the estate hereby granted is expressly limited accordingly. The Tenant hereby agrees to attorn to any future owner of the Lessor's interest in the Premises under this Lease, whether such occurs by reason of the dispossession of the Landlord or otherwise, and such shall not constitute a default by Tenant hereunder.the

SUBORDINATION TO MORTGAGES. This Landlord hereby guarantees to Tenant as a condition to the performance of Tenant's other obligations under this Lease, that this Lease is hereby made expressly subject shall be senior to and subordinate shall at all times to any have priority over all liens and all mortgagesencumbrances, deeds of trust, ground now existing or underlying leases hereafter affecting the Premises which Project. In the event that in connection with the financing or refinancing of the Project, Landlord shall have been executed obtained or shall hereafter obtain a mortgage loan from an institutional lender and delivered such lender requires that this Lease be subordinated to the hen of the mortgage or which will hereafter be executed and delivered and any and all extensions and renewals thereof and substitutions therefore and to any and all advances made or to be made under or upon said mortgages, deeds deed of trust, ground or underlying leasestrust securing repayment of such loan (the "Mortgage"). Tenant agrees to subordinate its interest under this Lease to such Mortgage; provided that the holder of such mortgage shall execute and deliver to Tenant a non-disturbance and attornment agreement which provides that so long as no default has occurred and is continuing beyond the period of time allowed for the remedy thereof under the terms of this Lease, the holder of the Mortgage (i) shall not disturb Tenant's leasehold interest in or possession of the Premises in accordance with the terms hereof, (ii) shall permit application of all proceeds of insurance and all awards and payments in connection with the exercise or threatened exercise of the power of eminent domain in accordance with the provisions of this Lease, and (iii) waives all rights or interests in any instrument trade fixtures of either Tenant or instruments which any of its subtenants. It shall be a condition to the Landlord may deem necessary or desirable to effect the subordination effectiveness of this Lease that Landlord deliver to any or such mortgagesTenant a subordination, deeds nondisturbance and attornment agreement in accordance with the terms of trust, ground or underlying leases the preceding sentence and in the event that form reasonably satisfactory to Tenant, with respect to each Mortgage which now constitutes a lien against the Tenant shall refuse, after reasonable notice, to execute such instrument or instruments which the Landlord may deem necessary or desirable to effect the subordination of the Lease to any or all such mortgages, deeds of trust, ground or underlying leases and in the event that the Tenant shall refuse, after reasonable notice, to execute such instrument or instruments, the Landlord may, in addition to any right or remedy accruing hereunder, terminate this Lease without incurring any liability whatsoever and the estate hereby granted is expressly limited accordingly. The Tenant hereby agrees to attorn to any future owner of the Lessor's interest in the Premises under this Lease, whether such occurs by reason of the dispossession of the Landlord or otherwise, and such shall not constitute a default by Tenant hereunderProject.

SUBORDINATION TO MORTGAGES. This Lease is hereby made expressly subject to and subordinate at to all times ground leases, mortgages and deeds of trust which affect the Building or the Property and which are of public record as of the Effective Date of this Lease, and to all renewals, modifications, consolidations, replacements and extensions thereof. However, if the lessor under any such ground lease or any lender holding any such mortgage or deed of trust shall advise Landlord that it desires or requires this Lease to be made prior and superior thereto, then, upon written request of Landlord to Tenant, Tenant shall promptly execute, acknowledge and deliver any and all mortgages, deeds of trust, ground customary or underlying leases affecting the Premises which have been executed and delivered or which will hereafter be executed and delivered and any and all extensions and renewals thereof and substitutions therefore and to any and all advances made or to be made under or upon said mortgages, deeds of trust, ground or underlying leases. Tenant agrees to execute any instrument reasonable documents or instruments which the Landlord may deem and such lessor or lender deems necessary or desirable to effect make this Lease prior thereto. Tenant hereby consents to Landlord's ground leasing the land underlying the Building or the Property and/or encumbering the Building or the Property as security for future loans on such terms as Landlord shall desire, all of which future ground leases, mortgages or deeds of trust shall be subject to and subordinate to this Lease. However, if any lessor under any such future ground lease or any lender holding such future mortgage or deed of trust shall desire or require that this Lease be made subject to and subordinate to such future ground lease, mortgage or deed of trust, then Tenant agrees, within ten days after Landlord's written request therefor, to execute, acknowledge and deliver to Landlord any and all documents or instruments requested by Landlord or by such lessor or lender as may be necessary or proper to assure the subordination of this Lease to any or such mortgages, deeds of trust, future ground or underlying leases and in the event that the Tenant shall refuse, after reasonable notice, to execute such instrument or instruments which the Landlord may deem necessary or desirable to effect the subordination of the Lease to any or all such mortgages, deeds of trust, ground or underlying leases and in the event that the Tenant shall refuse, after reasonable notice, to execute such instrument or instruments, the Landlord may, in addition to any right or remedy accruing hereunder, terminate this Lease without incurring any liability whatsoever and the estate hereby granted is expressly limited accordingly. The Tenant hereby agrees to attorn to any future owner of the Lessor's interest in the Premises under this Lease, whether such occurs by reason of the dispossession of the Landlord or otherwise, and such shall not constitute a default by Tenant hereunder.lease,

SUBORDINATION TO MORTGAGES. This Provided Tenant receives a Subordination and Non-Disturbance Agreement in a form reasonably acceptable to Tenant, Tenant agrees that this Lease is hereby made expressly shall be subject and subordinate at all times to any and all mortgages, deeds of trust, ground or underlying leases affecting mortgages that may hereafter be placed upon the Premises which have been executed and delivered or which will hereafter be executed and delivered and any and all extensions and renewals thereof and substitutions therefore and to any and all advances made or to any be made under thereunder and to the interest thereon, and any and all renewals, replacements and extensions thereof, provided, that any such mortgage or upon said mortgagesa separate agreement furnished by such mortgagee to Tenant provides in substance, deeds that if by foreclosure or otherwise such mortgagee or any successor in interest shall come into possession of trustthe Premises or become the owner of the same or take over the rights of Landlord in the same, ground it will not disturb the possession, use or underlying leases. enjoyment, of the Premises by Tenant, its successors or assigns, nor disaffirm this Lease or Tenant’s rights or estate so long as, all of the obligations of Tenant are fully performed in accordance with the terms of this Lease: Tenant agrees that any mortgagee may elect to execute any instrument or instruments which the Landlord may deem necessary or desirable to effect the subordination of have this Lease a prior lien to any or such mortgages, deeds of trust, ground or underlying leases its mortgage and in the event of such election and upon notification, by any mortgagee to Tenant to that effect, this Lease shall be deemed prior in lien to the said mortgage whether this Lease is dated prior to or subsequent to the date of said mortgage. At the request of Landlord, Tenant shall refuse, after reasonable notice, execute and deliver to execute such instrument or instruments which Landlord whatever Instruments may be required for the Landlord may deem necessary or desirable to effect the subordination of the Lease to any or all such mortgages, deeds of trust, ground or underlying leases and in the event that the Tenant shall refuse, after reasonable notice, to execute such instrument or instruments, the Landlord may, in addition to any right or remedy accruing hereunder, terminate this Lease without incurring any liability whatsoever and the estate hereby granted is expressly limited accordingly. The Tenant hereby agrees to attorn to any future owner of the Lessor's interest in the Premises under this Lease, whether such occurs by reason of the dispossession of the Landlord or otherwise, and such shall not constitute a default by Tenant hereunderforegoing purposes.

SUBORDINATION TO MORTGAGES. This It is agreed that the rights and interest of Tenant under this Lease is hereby made expressly shall be: (i) subject and subordinate at all times to the lien of any present or future first mortgage and to any and all advances to be made thereunder, and to the interest thereon, upon the Demised Premises or any property of which the Demised Premises are a part, if the holder of such mortgage shall elect, by notice to Tenant, to subject and subordinate the rights and interest of Tenant under this Lease to the lien of its mortgage and a commercially reasonable subordination, non-disturbance and attornment agreement in recordable form (a “SNDA”) is duly executed by the Landlord and the holder of such mortgage and delivered to Tenant; or (ii) prior to the lien of any present or future first mortgage, if the holder of such mortgage shall elect, by notice to Tenant, to give the rights and interest of Tenant under this Lease priority to the lien of its mortgage. It is understood and agreed that the holder of such mortgage may also elect, by notice to Tenant, to make some provisions hereof subject and subordinate to the lien of its mortgage while granting other provisions hereof priority to the lien of its mortgage. In the event of any of such elections, and upon notification by the holder of such mortgage to that effect and the execution and delivery of an SNDA, the rights and interest of Tenant under this Lease shall be deemed to be subordinate to, or to have priority over, as the case may be, the lien of said mortgage, irrespective of the time {W12939071.11} 31 of execution or time of recording of any such mortgage. Tenant agrees that it will, upon request of Landlord, execute, acknowledge and deliver any and all instruments deemed by Landlord necessary or desirable to evidence or to give notice of such subordination or priority. The word “mortgage” as used herein includes mortgages, deeds of trust, ground or underlying leases affecting the Premises which have been executed and delivered or which will hereafter be executed and delivered master leases, and any other security instrument encumbering any or all of the Property or other similar instruments and all extensions modifications, consolidations, extensions, renewals, replacements and renewals thereof substitutes thereof. Landlord hereby represents and substitutions therefore and warrants to Tenant that, as of the date of this Lease there are no mortgages (as defined in the preceding sentence) encumbering any and all advances made or to be made under or upon said mortgages, deeds portion of trust, ground or underlying leasesthe Property. Tenant agrees to execute any instrument or instruments which the Landlord may deem necessary or desirable to effect the subordination of that it shall not subordinate its interest in this Lease to the lien of any junior mortgage, security agreement or such mortgageslease affecting the Demised Premises, deeds of trust, ground or underlying leases and in unless the event that the Tenant shall refuse, after reasonable notice, to execute such instrument or instruments which the Landlord may deem necessary or desirable to effect the subordination holder of the Lease to any first mortgage upon the Demised Premises or all such mortgages, deeds property which includes the Demised Premises shall consent thereto. Simultaneously with the execution of trust, ground or underlying leases and in the event that the Tenant shall refuse, after reasonable notice, to execute such instrument or instruments, the Landlord may, in addition to any right or remedy accruing hereunder, terminate this Lease without incurring any liability whatsoever and the estate hereby granted is expressly limited accordingly. The Tenant hereby agrees to attorn to any future owner of the Lessor's interest in the Premises under this Lease, whether such occurs by reason Landlord and Tenant shall execute a memorandum of lease, in recordable form reasonably acceptable to Landlord and Tenant and otherwise in compliance with the laws of the dispossession of jurisdiction in which the Landlord or otherwiseProperty is situated (a “MOL”). Tenant may record the MOL, and pay the recording fees associated therewith. If this Lease is terminated before the Term expires, then upon Landlord’s request the parties shall execute, deliver and record an instrument acknowledging such fact and the date of termination of this Lease, and Tenant hereby appoints Landlord its attorney-in-fact in its name and behalf solely for the purpose of executing such instrument if Tenant shall not constitute a default by Tenant hereunderfail to execute and deliver such instrument after Landlord’s request therefor within ten (10) business days.

SUBORDINATION TO MORTGAGES. This Lease is hereby made expressly shall be subject and subordinate at all times to the lien(s) of any and all mortgages, deeds current mortgage or mortgages of trust, ground or underlying leases affecting the Premises which have been executed and delivered or which will hereafter be executed and delivered and any and all extensions and renewals thereof and substitutions therefore record and to any ground leases of the Premises, as well as any such mortgage or mortgages or ground leases which may hereafter be recorded, against the real estate of which the Demised Premises are a part, and all advances made the recording of any such mortgage or mortgages or ground leases shall be prior in lien and interest to be made under or upon said mortgages, deeds this Lease irrespective of trust, ground or underlying leasesthe date of recording. Tenant agrees to execute any instrument which Landlord or instruments which the Landlord any mortgagee or ground lessor may deem necessary or desirable to further effect the subordination of this Lease to any such mortgage or mortgages or ground leases, provided, however, that this subordination is subject to the condition that notwithstanding any default in any such mortgagesmortgage or ground lease or any foreclosure thereof or default or termination thereunder, deeds of trust, ground or underlying leases this Lease shall remain in full force and in the event that the effect and Tenant shall refuse, after reasonable notice, be permitted to execute such instrument or instruments which the Landlord may deem necessary or desirable to effect the subordination remain in quiet and peaceful possession of the Lease to Demised Premises throughout the term hereof and any or all such mortgagesextension, deeds of trust, ground or underlying leases and in the event that the so long as Tenant shall refuse, after reasonable notice, to execute such instrument or instruments, the Landlord may, not be in addition to any right or remedy accruing hereunder, terminate this Lease without incurring any liability whatsoever and the estate hereby granted is expressly limited accordingly. The Tenant hereby agrees to attorn to any future owner of the Lessor's interest in the Premises default under this Lease. Tenant shall, whether such occurs by reason within ten (10) business days after receipt of written request therefor, execute and deliver to Landlord an Estoppel Certificate, certifying as to (i) the accuracy of the dispossession Lease, (ii) the commencement and termination dates of the Lease, (iii) the Lease being unmodified and in full effect, or in full effect as modified, stating the date and nature of any modification, (iv) whether Landlord is in default under the Lease or otherwisewhether Tenant has any claims, demands, offsets or other rights against Landlord and, if so, specifying the default, claim, offset, demand or right, and (v) any other reasonably ascertainable fact covered by the Lease. Such Estoppel Certificate may be relied upon by Landlord and any third party with which Landlord is dealing, and Tenant's failure to execute and deliver such Estoppel Certificate shall not constitute be a default by Tenant hereunder.

SUBORDINATION TO MORTGAGES. This Lease is hereby made expressly subject to and subordinate at to all times to any existing and all mortgagesfuture ground leases, mortgages and deeds of trust, ground reciprocal easement agreements, covenants, conditions and restrictions which affect the Building, the Property, or underlying leases affecting the Project, and to all renewals, modifications, consolidations, replacements and extensions thereof, provided that the lender or other party to such agreements agrees not to disturb Tenant’s quiet possession of the Leased Premises which so long as Tenant is not in default beyond applicable grace, notice and cure periods under the Lease. The foregoing subordination shall be automatic and self-effectuating, without the need for any further documentation; provided, however, that not later than the Effective Date, Landlord shall deliver to Tenant a non-disturbance agreement from Landlord’s Lender, if any, in favor of Tenant containing terms and conditions reasonably acceptable to Tenant. Landlord shall have been executed the right to subordinate or cause to be subordinated to this Lease any of the items referred to in the first sentence of this Section 13.2. Within ten (10) business days from written request of Landlord to Tenant, Tenant shall promptly execute, acknowledge and delivered or which will hereafter be executed and delivered and deliver any and all extensions and renewals thereof and substitutions therefore and to any and all advances made customary or to be made under or upon said mortgages, deeds of trust, ground or underlying leases. Tenant agrees to execute any instrument reasonable documents or instruments which the Landlord may deem and any lessor or lender of Landlord deems necessary or desirable to effect the evidence such subordination or priority of this Lease to any or such mortgages, deeds of trust, ground or underlying leases and in the event that the Tenant shall refuse, after reasonable notice, to execute such instrument or instruments which the Landlord may deem necessary or desirable to effect the subordination of the Lease to any or all such mortgages, deeds of trust, ground or underlying leases and in the event that the Tenant shall refuse, after reasonable notice, to execute such instrument or instruments, the Landlord may, in addition to any right or remedy accruing hereunder, terminate this Lease without incurring any liability whatsoever and the estate hereby granted is expressly limited accordingly. The Tenant hereby agrees to attorn to any future owner of the Lessor's interest in the Premises under this Lease, whether such occurs by reason of the dispossession of the Landlord or otherwise, and such shall not constitute a default by Tenant hereunder.

SUBORDINATION TO MORTGAGES. This Lease It is hereby made expressly agreed that the rights and interest of Tenant under this lease shall be: (i) subject and subordinate at all times to the lien of any and all mortgages, deeds of trust, ground present or underlying leases affecting the Premises which have been executed and delivered or which will hereafter be executed and delivered and any and all extensions and renewals thereof and substitutions therefore future first mortgage and to any and all advances made or to be made thereunder, and to the interest thereon, upon the demised premises or any property of which the demised premises are a part, if the holder of such mortgage shall elect, by notice to Tenant, to subject and subordinate the rights and interest of Tenant under this lease to the lien of its mortgage; or (ii) prior to the lien of any present or future first mortgage, if the holder of such mortgage shall elect, by notice to Tenant, to give the rights and interest of Tenant under this lease priority to the lien of its mortgage. It is understood and agreed that the holder of such mortgage may also elect, by notice to Tenant, to make some provisions hereof subject and subordinate to the lien of its mortgage while granting other provisions hereof priority to the lien of its mortgage. In the event of any of such elections, and upon notification by the holder of such mortgage to that effect, the rights and interest of Tenant under this lease shall be deemed to be subordinate to, or to have priority over, as the case may be, the lien of said mortgagesmortgage, deeds irrespective of trust, ground the time of execution or underlying leasestime of recording of any such mortgage. Tenant agrees to execute that it will, upon request of Landlord, execute, acknowledge and deliver any instrument or and all instruments which the deemed by Landlord may deem necessary or desirable to effect the evidence or to give notice of such subordination of this Lease or priority. Tenant also agrees that if it shall fail at any time to execute, acknowledge and deliver any or such mortgages, deeds of trust, ground or underlying leases and in the event that the Tenant shall refuse, after reasonable notice, to execute such instrument or instruments which the Landlord may deem necessary or desirable to effect the subordination of the Lease to any or all such mortgagesreasonably requested by Landlord, deeds of trust, ground or underlying leases and in the event that the Tenant shall refuse, after reasonable notice, to execute such instrument or instruments, the Landlord may, in addition to any right other remedies available to it, execute, acknowledge and deliver such instrument as the attorney-in-fact of Tenant and in Tenant's name; and Tenant does hereby make, constitute and irrevocably appoint Landlord as its attorney-in-fact and in its name, place and stead so to do. The word "mortgage" as used herein includes mortgages, deeds of trust or remedy accruing hereunderother similar instruments and modifications, terminate consolidations, extensions, renewals, replacements and substitutes thereof. Whether the lien of any mortgage upon the demised premises or any property of which the demised premises are a part shall be superior or subordinate to this Lease without incurring any liability whatsoever lease and the estate hereby granted is expressly limited accordinglylien hereof, Tenant agrees that it will, upon request, attorn to the holder of such mortgage or anyone claiming under such holder and their respective successors and assigns in the event of foreclosure of or similar action taken under such mortgage. The Tenant hereby further agrees that it shall not subordinate its interest in this lease to the lien of any junior mortgage, security agreement or lease affecting the demised premises, unless the holder of the first mortgage upon the demised premises or property which includes the demised premises shall consent thereto. Notwithstanding anything to the contrary contained in this Article 9, Tenant shall not be required to subordinate this lease and the lien hereof to the lien of any mortgage unless the holder of such mortgage shall enter into an agreement with Tenant, recordable in form, to the effect that in the event of foreclosure of, or similar action taken under, such mortgage, Tenant's possession of the demised premises shall not be terminated or disturbed by such mortgage holder or anyone claiming under such mortgage holder so long as Tenant shall not be in default under this lease. Landlord agrees to attorn use best efforts to any future owner obtain such an agreement from the present mortgagee of the Lessor's interest in the Premises under this Lease, whether such occurs by reason of the dispossession of the Landlord or otherwise, and such Property. Best efforts shall not constitute a default by Tenant hereunderrequire Landlord to pay any money.

SUBORDINATION TO MORTGAGES. This Lease lease is hereby made expressly subject and subordinate at all times to any and all mortgages, deeds of trust, ground or underlying leases affecting the Premises which have been executed and delivered or which will hereafter be executed and delivered and any and all extensions and renewals thereof and substitutions therefore and to any and all advances made or to be made under or upon said mortgages, deeds of trust, ground or underlying leases. Tenant agrees to execute any instrument or instruments which the Landlord may reasonably deem necessary or desirable to effect the subordination of this Lease lease to any or all such mortgages, deeds of trust, ground or underlying leases and in the event that the Tenant shall refuse, after reasonable notice, to execute such instrument or instruments which the Landlord may deem necessary or desirable to effect the subordination of the Lease lease to any or all such mortgages, deeds of trust, ground or underlying leases and in the event that the Tenant shall refuse, after reasonable notice, to execute such instrument or instruments, the Landlord may, in addition to any right or remedy accruing hereunder, terminate this Lease lease without incurring any liability whatsoever and the estate hereby granted is expressly limited accordingly. The Tenant hereby agrees to attorn to any future owner of the LessorLandlord's interest in the Premises under this Lease, whether such occurs by reason of the dispossession of the Landlord or otherwise, and such shall not constitute a default by Tenant hereunder.

SUBORDINATION TO MORTGAGES. This Lease It is hereby made expressly agreed that the rights and interest of Tenant under this lease shall be: (i) subject and subordinate at all times to the lien of any and all mortgages, deeds of trust, ground present or underlying leases affecting the Premises which have been executed and delivered or which will hereafter be executed and delivered and any and all extensions and renewals thereof and substitutions therefore future first mortgage and to any and all advances made or to be made under thereunder, and to the interest thereon, upon the demised premises or upon said mortgages, deeds any property of trust, ground or underlying leases. Tenant agrees to execute any instrument or instruments which the demised premises are a part, if the holder of such mortgage shall elect, by notice to Tenant, to subject and subordinate the rights and interest of Tenant under this lease to the lien of its mortgage; or (ii) prior to the lien of any present or future first mortgage, if the holder of such mortgage shall elect, by notice to Tenant, to give the rights and interest of Tenant under this lease priority to the lien of its mortgage. It is understood and agreed that the holder of such mortgage may also elect, by notice to Xxxxxx, to make some provisions hereof subject and subordinate to the lien of its mortgage while granting other provisions hereof priority to the lien of its mortgage. In the event of any of such elections, and upon notification by the holder of such mortgage to that effect, the rights and interest of Tenant under this lease shall be deemed to be subordinate to, or to have priority over, as the case may be, the lien of said mortgage, irrespective of the time of execution or time of recording of any such mortgage. Xxxxxx agrees that it will, upon request of Landlord, execute, acknowledge and deliver any and all instruments deemed by Landlord may deem necessary or desirable to effect the evidence or to give notice of such subordination of this Lease or priority. Xxxxxx also agrees that if it shall fail at any time after twenty (20) days notice to execute, acknowledge and deliver any or such mortgages, deeds of trust, ground or underlying leases and in the event that the Tenant shall refuse, after reasonable notice, to execute such instrument or instruments which the Landlord may deem necessary or desirable to effect the subordination of the Lease to any or all such mortgagesreasonably requested by Landlord, deeds of trust, ground or underlying leases and in the event that the Tenant shall refuse, after reasonable notice, to execute such instrument or instruments, the Landlord may, in addition to any right other remedies available to it, execute, acknowledge and deliver such instrument as the attorney-in-fact of Tenant and in Xxxxxx's name; and Xxxxxx does hereby make, constitute and irrevocably appoint Landlord as its attorney-in-fact and in its name, place and stead so to do. The word "mortgage" as used herein includes mortgages, deeds of trust or remedy accruing hereunderother similar instruments and modifications, terminate consolidations, extensions, renewals, replacements and substitutes thereof. Whether the lien of any mortgage upon the demised premises or any property of which the demised premises are a part shall be superior or subordinate to this Lease without incurring any liability whatsoever lease and the estate hereby granted is expressly limited accordingly. The Tenant hereby lien hereof, Xxxxxx agrees to that it will, upon request, attorn to the holder of such mortgage or anyone claiming under such holder and their respective successors and assigns in the event of foreclosure of or similar action taken under such mortgage. Tenant further agrees that it shall not subordinate its interest in this lease, to the lien of any future owner junior mortgage, security agreement or lease affecting the demised premises, unless the holder of the Lessor's interest first mortgage upon the demised premises or property which includes the demised premises shall consent thereto. Notwithstanding anything to the contrary contained in this Article 9, Landlord shall use its best efforts to cause the holder of such mortgage to enter into an agreement with Tenant, recordable in form, to the effect that in the Premises event of foreclosure of, or similar action taken under, such mortgage, Xxxxxx's possession of the demised premises shall not be terminated or disturbed by such mortgage holder or anyone claiming under such mortgage holder so long as Tenant shall not be in default under this Lease, whether such occurs by reason of the dispossession of the Landlord or otherwise, and such shall not constitute a default by Tenant hereunderlease beyond any applicable cure period.

SUBORDINATION TO MORTGAGES. 22.1 This Lease is hereby made expressly shall be subject and subordinate at all times to any the lien of all mortgages and all mortgages, deeds of trust, ground trust securing any amount or underlying leases affecting the Premises amounts whatsoever which have been executed and delivered may now exist or which will hereafter be placed on or against the Building or on or against Landlord’s interest or estate therein, all without the necessity of having further instruments executed by Tenant to effect such subordination. Notwithstanding the foregoing, in the event of a foreclosure of any such mortgage or deed of trust or of any other action or proceeding for the enforcement thereof, or of any sale thereunder, this Lease shall not be terminated or extinguished, nor shall the rights and delivered possession of Tenant hereunder be disturbed, if no Event of Default exists under this Lease, and Tenant shall attorn to the person who acquires Landlord’s interest hereunder through any and all extensions and renewals thereof and substitutions therefore and to any and all advances made such mortgage or to be made under or upon said mortgages, deeds deed of trust, ground or underlying leases. Tenant Txxxxx agrees to execute any instrument or execute, acknowledge and deliver upon demand such further instruments which the Landlord may deem necessary or desirable to effect the evidencing such subordination of this Lease to any the lien of all such mortgages and deeds of trust as may reasonably be required by Landlord, but Txxxxx’s covenant to subordinate this Lease to mortgages or deeds of trust hereafter executed is conditioned upon each such mortgages, deeds senior mortgage or deed of trust, ground or underlying leases and a separate subordination agreement, containing the commitments specified in the event that the Tenant shall refuse, after reasonable notice, to execute such instrument or instruments which the Landlord may deem necessary or desirable to effect the subordination of the Lease to any or all such mortgages, deeds of trust, ground or underlying leases and in the event that the Tenant shall refuse, after reasonable notice, to execute such instrument or instruments, the Landlord may, in addition to any right or remedy accruing hereunder, terminate this Lease without incurring any liability whatsoever and the estate hereby granted is expressly limited accordingly. The Tenant hereby agrees to attorn to any future owner of the Lessor's interest in the Premises under this Lease, whether such occurs by reason of the dispossession of the Landlord or otherwise, and such shall not constitute a default by Tenant hereunderpreceding sentence.