UNDER THIS LEASE, SUCH PURCHASER SHALL PERFORM
IN ACCORDANCE WITH THE TERMS OF THIS LEASE AND SHALL BE LIABLE FOR ALL
OBLIGATIONS OF LANDLORD ARISING OR CONTINUING UNFULFILLED AFTER THE DATE SUCH
PURCHASER ACQUIRES TITLE TO THE BUILDING PROVIDED SUCH LIABILITY SHALL BE
LIMITED AND SHALL EXCLUDE CERTAIN LANDLORD OBLIGATIONS, AS PROVIDED IN CLAUSE
(III) ABOVE; AND (V) BE OBLIGATED UNDER ANY PROVISION OF THIS LEASE SETTING
FORTH TERMS OF INDEMNIFICATION BY LANDLORD OF TENANT (BUT THE LIMITATION IN THIS
CLAUSE (V) SHALL APPLY ONLY TO THE MORTGAGEE OR ITS AFFILIATE, NOT TO ANY
UNAFFILIATED, THIRD-PARTY PURCHASER AT FORECLOSURE).
UPON REQUEST BY SUCH
PURCHASER, TENANT SHALL EXECUTE AND DELIVER AN INSTRUMENT OR INSTRUMENTS
CONFIRMING ITS ATTORNMENT, SUBJECT TO SECTION 21.3(D).
AFTER RECEIVING NOTICE FROM ANY PERSON, FIRM OR OTHER ENTITY THAT IT
HOLDS A MORTGAGE, DEED OF TRUST OR GROUND LEASE ON THE BUILDING, OR THE LAND ON
WHICH THE BUILDING IS SITUATED, NO NOTICE FROM TENANT TO LANDLORD ALLEGING ANY
DEFAULT BY LANDLORD SHALL BE EFFECTIVE UNLESS AND UNTIL A COPY OF THE SAME IS
GIVEN TO SUCH HOLDER, TRUSTEE OR GROUND LESSOR; PROVIDED, HOWEVER, THAT TENANT
SHALL HAVE BEEN FURNISHED WITH THE NAME AND ADDRESS OF SUCH HOLDER, TRUSTEE OR
GROUND LESSOR.
THE CURING WITHIN THE TIMEFRAMES ALLOTTED UNDER SECTION 21.3(B)
BELOW OF ANY OF LANDLORD'S DEFAULTS BY SUCH HOLDER, TRUSTEE OR GROUND LESSOR
SHALL BE TREATED AS PERFORMANCE BY LANDLORD.
IN ADDITION TO THE TIME AFFORDED THE LANDLORD FOR THE CURING OF ANY
DEFAULT, ANY SUCH HOLDER, TRUSTEE, OR GROUND LESSOR SHALL HAVE (I) AT LEAST AN
ADDITIONAL THIRTY (30) DAYS TO CURE THE DEFAULT IF IT IS NON-MONETARY AND AN
ADDITIONAL FIFTEEN (15) DAYS IF IT IS A MONETARY DEFAULT, (II) IF SUCH
NON-MONETARY DEFAULT CANNOT REASONABLY BE CURED WITHIN SUCH THIRTY (30) DAY
PERIOD, BUT CURATIVE ACTION IS COMMENCED DURING SUCH THIRTY (30)-DAY PERIOD AND
DILIGENTLY PURSUED TO COMPLETION, SUCH ADDITIONAL TIME AS MAY BE NECESSARY GIVEN
THE NATURE AND EXTENT OF THE DEFAULT (NOT TO EXCEED AN ADDITIONAL ONE HUNDRED
EIGHTY (180) DAYS), AND (III) IF THE DEFAULT CANNOT REASONABLY BE CURED WITHOUT
SUCH HOLDER HAVING OBTAINED POSSESSION OF THE LAND AND BUILDING, THEN THE
PERIODS SET FORTH IN CLAUSES (I) AND (II) SHALL BE IN ADDITION TO SUCH TIME AS
MAY BE NECESSARY IN ORDER TO FORECLOSE THE MORTGAGE OR DEED OF TRUST AND OBTAIN
POSSESSION OF THE LAND AND BUILDING.
IN THE EVENT THAT ANY LENDER PROVIDING CONSTRUCTION OR PERMANENT FINANCING
OR ANY REFINANCING FOR THE BUILDING REQUIRES, AS A CONDITION OF SUCH FINANCING,
THAT MINISTERIAL OR IMMATERIAL MODIFICATIONS TO THIS LEASE BE OBTAINED, AND
PROVIDED THAT SUCH MODIFICATIONS (I) ARE REASONABLE, (II) DO NOT ADVERSELY
AFFECT TENANT'S RIGHTS, BENEFITS OR USE OF THE PREMISES AS HEREIN PERMITTED,
(III) DO NOT INCREASE THE RENT AND OTHER SUMS TO BE PAID BY TENANT HEREUNDER,
AND (IV) DO NOT DIMINISH ANY OF TENANT'S OTHER RIGHTS UNDER THIS LEASE OR
INCREASE TENANT'S OTHER OBLIGATIONS OR LIABILITIES UNDER THIS LEASE, LANDLORD
MAY SUBMIT TO TENANT A