ADDITIONAL DOCUMENTS
EVIDENCING THE SUBORDINATION OF THIS LEASE TO ANY SUCH MORTGAGE OR DEED OF
TRUST, SUBJECT TO THE TERMS AND CONDITIONS OF THIS SECTION 6.1.
NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED IN THE LEASE, THE SUBORDINATION OF TENANT'S
RIGHTS UNDER THE LEASE TO ANY FUTURE MORTGAGE, DEED OF TRUST OR OTHER SECURITY
INSTRUMENT CONSTITUTING A LIEN ON THE PREMISES OR LANDLORD'S INTEREST THEREIN
SHALL BE CONDITIONED UPON TENANT'S RECEIPT OF A COMMERCIALLY REASONABLE
NON-DISTURBANCE AGREEMENT FROM THE HOLDER OF SUCH INSTRUMENT AND LANDLORD AGREES
TO USE REASONABLE EFFORTS IN OBTAINING SUCH A NON-DISTURBANCE AGREEMENT FROM THE
HOLDER OF ANY SUCH FUTURE INSTRUMENT.
LANDLORD AGREES TO USE ITS BEST EFFORTS
TO FURNISH TENANT WITH A SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT
(THE "SNDA") IN FORM REASONABLY ACCEPTABLE TO TENANT, EXECUTED BY LANDLORD'S
CURRENT LENDER, BY NO LATER THAN THE COMMENCEMENT DATE.
6.2.
ESTOPPEL CERTIFICATES.
TENANT AGREES, FROM TIME-TO-TIME AND WITHIN
FIFTEEN (15) DAYS AFTER REQUEST BY LANDLORD, TO DELIVER TO LANDLORD, OR
LANDLORD'S DESIGNEE, AN ESTOPPEL CERTIFICATE STATING SUCH MATTERS PERTAINING TO
THIS LEASE AS MAY BE REASONABLY REQUESTED BY LANDLORD.
FAILURE BY TENANT TO
TIMELY EXECUTE AND DELIVER SUCH CERTIFICATE SHALL CONSTITUTE AN ACCEPTANCE OF
THE PREMISES AND ACKNOWLEDGMENT BY TENANT THAT THE STATEMENTS INCLUDED THEREIN
ARE TRUE AND CORRECT WITHOUT EXCEPTION. LANDLORD AND TENANT INTEND THAT ANY
STATEMENT DELIVERED PURSUANT TO THIS SECTION MAY BE RELIED UPON BY ANY
PROSPECTIVE PURCHASER OR MORTGAGEE OF THE PROPERTY OR OF ANY INTEREST THEREIN OR
ANY OTHER LANDLORD DESIGNEE.
6.3.
TRANSFER FOR LANDLORD.
IN THE EVENT OF A SALE OR CONVEYANCE BY
LANDLORD OF THE PROPERTY AT ANY TIME DURING THE TERM, THE SAME SHALL OPERATE TO
RELEASE LANDLORD FROM ANY LIABILITY FOR ANY OF THE COVENANTS OR CONDITIONS,
EXPRESS, OR IMPLIED, HEREIN CONTAINED IN FAVOR OF TENANT, AND IN SUCH EVENT
TENANT AGREES TO LOOK SOLELY TO LANDLORD'S SUCCESSOR IN INTEREST WITH RESPECT
THERETO AND AGREES TO ATTORN TO SUCH SUCCESSOR UPON THE WRITTEN ASSUMPTION OF
ALL SUCH OBLIGATIONS OF LANDLORD BY LANDLORD'S SUCCESSOR IN INTEREST AND WRITTEN
NOTICE THEREOF TO TENANT.
NOTWITHSTANDING THE FOREGOING, TENANT SHALL ONLY
ATTORN TO THE SUCCESSOR LANDLORD TO THE EXTENT THAT SUCH SUCCESSOR FULLY ASSUMES
ANY AND ALL OBLIGATIONS OF LANDLORD UNDER THE TERMS OF THIS LEASE ARISING ON AND
AFTER THE ASSIGNMENT.
7.
QUIET ENJOYMENT.
SUBJECT TO THE PROVISIONS OF THIS LEASE, SO
LONG AS TENANT PAYS ALL OF THE RENT AND PERFORMS ALL OF ITS OTHER OBLIGATIONS
HEREUNDER, TENANT SHALL NOT BE DISTURBED IN ITS POSSESSION OF THE PREMISES BY
LANDLORD, AGENT OR ANY OTHER PERSON LAWFULLY CLAIMING THROUGH OR UNDER
LANDLORD.
NOTWITHSTANDING THE FOREGOING, HOWEVER, TENANT ACKNOWLEDGES AND
AGREES THAT LANDLORD SHALL HAVE THE RIGHT TO USE PORTIONS OF THE COMMON AREAS
(INCLUSIVE OF THE ROOF OF THE BUILDING) FOR SUCH PURPOSES AND USES AS ARE
PERMITTED UNDER THIS LEASE.
10
8.
ASSIGNMENT, SUBLETTING AND MORTGAGING.
8.1.
PROHIBITION.
TENANT ACKNOWLEDGES THAT THIS LEASE AND THE RENT DUE
UNDER THIS LEASE HAVE BEEN AGREED TO BY LANDLORD IN RELIANCE UPON TENANT'S
REPUTATION