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 TERMINATE UPON THE TERMINATION OF A PRIOR
LEASE OR FORECLOSURE OF A LEASEHOLD MORTGAGE, AND SHALL BE SELF-OPERATIVE UPON
49
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 OF SUCH NOTICE, OR (II) IN THE CASE OF ANY OTHER SUCH ACT,
OMISSION OR DEFAULT, UNTIL A REASONABLE PERIOD FOR REMEDYING SUCH ACT, OMISSION
OR DEFAULT SHALL HAVE ELAPSED FOLLOWING THE GIVING OF SUCH NOTICE AND