OR
THEREOF.
(C)
ATTORNMENT.
TENANT AGREES THAT THIS LEASE SHALL NOT BE TERMINABLE
BY TENANT BY REASON OF ANY FORECLOSURE OF A LEASEHOLD MORTGAGE OR ANY OTHER
MORTGAGE AFFECTING THE PREMISES, NOR BY REASON OF THE INSTITUTION OF ANY SUIT,
ACTION, SUMMARY OR OTHER PROCEEDING AGAINST LANDLORD OR ANY FORECLOSURE
PROCEEDING BROUGHT BY THE HOLDER OF ANY LEASEHOLD MORTGAGE OR OTHER MORTGAGE
AFFECTING THE PREMISES TO RECOVER POSSESSION OF THE PREMISES BY OPERATION OF LAW
OR OTHERWISE OR BY REASON OF THE TERMINATION OF ANY PRIOR LEASE AND THAT THE
SAME SHALL NOT RESULT IN THE CANCELLATION OR TERMINATION OF THIS LEASE BY TENANT
OR OF THE OBLIGATIONS OF TENANT HEREUNDER.
IF AT ANY TIME PRIOR TO THE
EXPIRATION OF THE TERM, ANY PRIOR LESSOR OR LEASEHOLD MORTGAGEE COMES INTO
POSSESSION OF THE PREMISES OR A RECEIVER SHALL BE APPOINTED FOR LANDLORD'S
INTEREST IN THE PREMISES, TENANT AGREES, AT THE ELECTION AND UPON DEMAND OF ANY
SUCH PRIOR LESSOR OR LEASEHOLD MORTGAGEE IN POSSESSION, TO ATTORN, FROM TIME TO
TIME, TO ANY SUCH PRIOR LESSOR OR LEASEHOLD MORTGAGEE OR ANY PERSON ACQUIRING
THE INTEREST OF LANDLORD AS A RESULT OF ANY SUCH PRIOR LEASE TERMINATION OR AS A
FORECLOSURE OF A LEASEHOLD MORTGAGE OR THE GRANTING OF A DEED OR ASSIGNMENT IN
LIEU OF FORECLOSURE, UPON THE THEN EXECUTORY TERMS AND CONDITIONS OF THIS LEASE
FOR THE REMAINDER OF THE TERM.
THE PROVISIONS OF THIS SECTION 17.5 SHALL INURE
TO THE BENEFIT OF ANY SUCH SUCCESSOR LANDLORD, SHALL APPLY NOTWITHSTANDING THAT,
AS A MATTER OF LAW, THIS LEASE MAY
48
TERMINATE UPON THE TERMINATION OF A PRIOR LEASE OR FORECLOSURE OF A LEASEHOLD
MORTGAGE, AND SHALL BE SELF-OPERATIVE UPON ANY SUCH DEMAND, AND NO FURTHER
INSTRUMENT SHALL BE REQUIRED TO GIVE EFFECT TO SAID PROVISIONS.
TENANT,
HOWEVER, UPON DEMAND OF ANY SUCH SUCCESSOR LANDLORD, SHALL EXECUTE, FROM TIME TO
TIME, INSTRUMENTS IN CONFIRMATION OF THE FORGOING PROVISIONS OF THIS
SECTION 17.5 REASONABLY SATISFACTORY TO ANY SUCH SUCCESSOR LANDLORD AND TENANT,
ACKNOWLEDGING SUCH ATTORNMENT AND SETTING FORTH IN THE TERMS AND CONDITIONS OF
ITS TENANCY.
NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO IMPAIR ANY
RIGHT OTHERWISE EXERCISABLE BY ANY SUCH SUCCESSOR LANDLORD.
(D)
LEASEHOLD MORTGAGEE CURE RIGHTS.
IN THE EVENT OF ANY ACT OR
OMISSION BY LANDLORD WHICH WOULD GIVE TENANT THE RIGHT TO TERMINATE THIS LEASE
OR TO CLAIM A PARTIAL OR TOTAL EVICTION, PURSUANT TO THE TERMS OF THIS LEASE, IF
ANY, TENANT WILL NOT EXERCISE ANY SUCH RIGHT UNTIL (I) IT HAS GIVEN WRITTEN
NOTICE OF SUCH ACT OR OMISSION TO THE HOLDER(S) OF ANY LEASEHOLD MORTGAGES TO
WHICH THIS LEASE SHALL BE SUBORDINATE, WHOSE NAME AND ADDRESS SHALL PREVIOUSLY
HAVE BEEN FURNISHED TO TENANT, BY DELIVERING SUCH NOTICE OF SUCH ACT OR OMISSION
ADDRESSED TO SUCH HOLDERS AT THE LAST ADDRESS SO FURNISHED, AND (II)
IN THE
CASE OF ANY SUCH ACT, OMISSION OR DEFAULT THAT CAN BE CURED BY THE PAYMENT OF
MONEY, UNTIL THIRTY (30) DAYS SHALL HAVE ELAPSED FOLLOWING THE GIVING