ANY PORTION THEREOF FOR PURPOSES OF SECTION
OF THE LEASE
AND TENANT SHALL HAVE NO PREFERENTIAL RIGHT TO PURCHASE OR OTHER RIGHTS UNDER
SECTION
OF THE LEASE AS A RESULT OF ANY SUCH EVENTS:
(A) THE JUDICIAL OR
NONJUDICIAL FORECLOSURE OF THE MORTGAGE; (B) THE DELIVERY OF A DEED IN LIEU OF
JUDICIAL OR NONJUDICIAL FORECLOSURE OF THE MORTGAGE; (C) ANY OFFER, NOTICE,
PLEADING, AGREEMENT, TRANSACTION OR OTHER EVENT OR CONDITION OF ANY KIND ARISING
OUT OF OR RELATING TO ANY OF THE EVENTS REFERRED TO IN FOREGOING CLAUSES (A) OR
(B); OR (D) THE FIRST SUBSEQUENT TRANSFER FOLLOWING ANY OF THE EVENTS REFERRED
TO IN FOREGOING CLAUSE (A) OR (B).
IN ADDITION, TENANT ACKNOWLEDGES AND AGREES
THAT, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE LEASE, NOTHING CONTAINED
THEREIN SHALL BE DEEMED TO RESTRICT AGENT'S PURSUIT OF ANY OF THE REMEDIAL
ACTIONS.]
ARTICLE XXXV - MISCELLANEOUS.
SECTION 35.1
RELIANCE BY AGENT.
TENANT ACKNOWLEDGES THAT THE
REPRESENTATIONS AND AGREEMENTS MADE BY TENANT TO AND WITH AGENT HEREIN
CONSTITUTE A MATERIAL INDUCEMENT TO AGENT AND LENDERS TO MAKE THE LOAN, AND THAT
AGENT AND LENDERS WOULD NOT MAKE THE LOAN IN THE ABSENCE OF THIS AGREEMENT.
SECTION 35.2
HEIRS, SUCCESSORS AND ASSIGNS.
THE COVENANTS HEREIN SHALL
BE BINDING UPON, AND INURE TO THE BENEFIT OF, THE HEIRS, SUCCESSORS AND ASSIGNS
OF THE PARTIES HERETO.
WHENEVER NECESSARY OR APPROPRIATE TO GIVE LOGICAL
MEANING TO A PROVISION
6
OF THIS AGREEMENT, THE TERM "OWNER" SHALL BE DEEMED TO MEAN THE THEN CURRENT
OWNER OF THE PROPERTY AND THE LANDLORD'S INTEREST IN THE LEASE.
SECTION 35.3
ADDRESSES; REQUEST FOR NOTICE.
SO LONG AS THE MORTGAGE
REMAINS OUTSTANDING AND UNSATISFIED, TENANT WILL MAIL OR DELIVER TO AGENT, AT
THE ADDRESS AND IN THE MANNER HEREIN BELOW PROVIDED, A COPY OF ALL NOTICES GIVEN
TO THE OWNER BY TENANT UNDER AND PURSUANT TO THE TERMS AND PROVISIONS OF THE
LEASE.
ALL NOTICES AND OTHER COMMUNICATIONS THAT ARE REQUIRED OR PERMITTED TO
BE GIVEN TO A PARTY UNDER THIS AGREEMENT SHALL BE IN WRITING AND SHALL BE SENT
TO SUCH PARTY, EITHER BY PERSONAL DELIVERY, BY OVERNIGHT DELIVERY SERVICE, BY
CERTIFIED FIRST CLASS MAIL, RETURN RECEIPT REQUESTED, OR BY FACSIMILE
TRANSMISSION, TO THE ADDRESS OR FACSIMILE NUMBER BELOW.
ALL SUCH NOTICES AND
COMMUNICATIONS SHALL BE EFFECTIVE UPON RECEIPT OF SUCH DELIVERY OR FACSIMILE
TRANSMISSION.
THE ADDRESSES AND FACSIMILE NUMBERS OF THE PARTIES SHALL BE:
Owner:
Tenant:
Agent:
[NAME OF LANDLORD HERE:
______________________
______________________
______________________
Tel. No.:
______________
Fax No.:
______________
[NAME OF TENANT
HERE:
______________________
______________________
______________________
Tel. No.:
______________
Fax No.:
______________
Wells Fargo Bank, National Association
Wells Fargo Center
1901 Harrison Street, 2nd Floor
Oakland, California 94612
Attention:
Commercial Mortgage Servicing
Facsimile No.: 1-866-359-5952
Loan No.: [____________]
provided, however, any party shall have the right to change its address for
notice hereunder by the giving of written notice thereof to the other party in
the manner set forth in this Agreement.
SECTION 35.4
INVALID OR INOPERATIVE PROVISIONS.
IF ANY PORTION OR
PORTIONS OF THIS AGREEMENT