OF
ANY UNEXPIRED TERM OF THE LEASE.
NOTHING IN THIS PARAGRAPH SHALL PRECLUDE
TENANT FROM FILING A SEPARATE CLAIM AGAINST THE CONDEMNING AUTHORITY FOR
RELOCATION COSTS, LOSS OF BUSINESS, UNAMORTIZED COST OF ANY LEASEHOLD
IMPROVEMENTS THAT TENANT DIRECTLY PAID FOR AND LOSS OF BUSINESS PROVIDED THAT
ANY AWARD OR CLAIM TO OR BY TENANT WILL NOT RESULT IN A DIMINUTION OF ANY AWARD
TO LANDLORD OR AFFECT ANY CLAIM BY LANDLORD.
7.
SUBORDINATION, ATTORNMENT, ESTOPPEL,
MODIFICATIONS.
7.1.
SUBORDINATION.
THE LEASE AND ALL OF TENANT'S RIGHTS HEREUNDER ARE
SUBJECT AND SUBORDINATE TO ALL GROUND OR UNDERLYING LEASES AND TO ALL MORTGAGES
AND/OR DEEDS OF TRUST (OR DEEDS TO SECURE DEBT) WHICH MAY NOW OR HEREAFTER
AFFECT SUCH LEASES OR THE REAL PROPERTY OF WHICH THE DEMISED PREMISES FORM A
PART AND TO ALL RENEWALS, MODIFICATIONS, CONSOLIDATIONS, REPLACEMENTS AND
EXTENSIONS THEREOF.
THIS CLAUSE SHALL BE SELF-OPERATIVE AND NO FURTHER
INSTRUMENT OR SUBORDINATION SHALL BE REQUIRED BY ANY MORTGAGEE OR TRUSTEE;
PROVIDED, HOWEVER, TENANT, UPON REQUEST OF ANY PARTY IN INTEREST, SHALL PROMPTLY
EXECUTE AND DELIVER IN RECORDABLE FORM SUCH INSTRUMENTS AS ARE NECESSARY TO
EFFECTUATE OR CONFIRM THIS SUBORDINATION.
11
Landlord agrees to commercially reasonable efforts to deliver a Non-Disturbance
Agreement to Tenant from the holder of any mortgagee holding a mortgage or Deed
of Trust encumbering the Demised Premises on such mortgagee's form.
7.2.
ATTORNMENT.
IF THE HOLDER OF ANY MORTGAGE, DEED TO SECURE DEBT,
OR OTHER INSTRUMENT AFFECTING OR ENCUMBERING THE FEE TITLE TO THE DEMISED
PREMISES SHALL HEREAFTER SUCCEED TO THE RIGHTS OF THE LANDLORD UNDER THIS LEASE,
THROUGH WHATEVER MEANS, THEN TENANT SHALL, AT THE OPTION OF SUCH HOLDER, ATTORN
TO AND RECOGNIZE SUCH SUCCESSOR AS TENANT'S LANDLORD UNDER THE LEASE AND SHALL
PROMPTLY EXECUTE AND DELIVER ANY INSTRUMENT THAT MAY BE NECESSARY TO EVIDENCE
SUCH ATTORNMENT, AND UPON SUCH ATTORNMENT, THIS LEASE SHALL CONTINUE IN FULL
FORCE AND EFFECT AS A DIRECT LEASE BETWEEN SUCH SUCCESSOR LANDLORD AND TENANT,
SUBJECT TO ALL TERMS OF THE LEASE.
7.3.
ESTOPPEL CERTIFICATES.
AT ANYTIME, AND FROM TIME TO TIME, UPON
THE WRITTEN REQUEST OF LANDLORD OR ANY MORTGAGEE OF THE CENTER, TENANT, WITHIN
TEN (10) DAYS OF THE DATE OF SUCH WRITTEN REQUEST, AGREES TO EXECUTE AND DELIVER
TO LANDLORD AND/OR MORTGAGEE, WITHOUT CHARGE AND IN A FORM SATISFACTORY TO
LANDLORD AND/OR SUCH MORTGAGEE, A WRITTEN STATEMENT (I) RATIFYING THE LEASE;
(II) CONFIRMING THE COMMENCEMENT AND EXPIRATION DATES OF THE TERM OF THE LEASE;
(III) CERTIFYING THAT TENANT IS IN OCCUPANCY OF THE DEMISED PREMISES, AND THAT
THE LEASE IS IN FULL FORCE AND EFFECT AND HAS NOT BEEN MODIFIED, ASSIGNED,
SUPPLEMENTED OR AMENDED EXCEPT BY SUCH WRITINGS AS SHALL BE STATED; (IV)
CERTIFYING TO THE BEST OF THE TENANT'S KNOWLEDGE THAT ALL CONDITIONS AND
AGREEMENTS UNDER THE LEASE TO BE SATISFIED OR PERFORMED BY LANDLORD HAVE BEEN
SATISFIED OR PERFORMED EXCEPT AS SHALL BE STATED; (V) CERTIFYING TO THE BEST OF
THE TENANT'S KNOWLEDGE THAT LANDLORD IS NOT IN DEFAULT UNDER THE LEASE AND THERE
ARE NO DEFENSES