BE ACCOMPANIED BY (A) THE NAME AND LEGAL COMPOSITION OF THE
APPLICABLE AFFILIATE; (B) THE NATURE OF SAID AFFILIATE'S BUSINESS TO BE CARRIED
ON IN THE DEMISED PREMISES; AND (C) THE TERMS AND PROVISIONS OF THE APPLICABLE
PERMITTED TRANSFER WHICH SHALL INCLUDE AN EXPRESS ASSUMPTION OF THE TERMS OF
THIS LEASE BY THE APPLICABLE AFFILIATE.
20
SUBORDINATION OF LEASE; NON-DISTURBANCE
I.
SUBORDINATION; NON-DISTURBANCE.
THIS LEASE IS SUBJECT AND
SUBORDINATE TO ALL PRESENT AND FUTURE MORTGAGES, NOW OR HEREAFTER IN FORCE
AGAINST THE DEMISED PREMISES AND/OR PROPERTY AND TO ALL ADVANCES MADE OR
HEREAFTER TO BE MADE UPON THE SECURITY OF SUCH MORTGAGES, UNLESS THE HOLDERS OF
SUCH MORTGAGES REQUIRE IN WRITING THAT THIS LEASE BE SUPERIOR THERETO.
THE
TERMS OF THIS SECTION SHALL BE SELF-OPERATING AND NO FURTHER INSTRUMENT OF
SUBORDINATION SHALL BE REQUIRED IN ORDER TO EFFECT SUCH SUBORDINATION.
TENANT
SHALL, WITHIN FOURTEEN (14) DAYS AFTER REQUEST BY LANDLORD, EXECUTE SUCH FURTHER
INSTRUMENTS OR ASSURANCES AS LANDLORD MAY REASONABLY DEEM NECESSARY OR AS
OTHERWISE REQUESTED BY THE HOLDER OF ANY MORTGAGE TO EVIDENCE OR CONFIRM THE
SUBORDINATION OR SUPERIORITY OF THIS LEASE TO ANY SUCH MORTGAGES.
TENANT AGREES
TO ATTORN TO ANY MORTGAGEE OR PURCHASER IN A FORECLOSURE SALE AND TO RECOGNIZE
SUCH MORTGAGEE OR PURCHASER AS THE LESSOR UNDER THIS LEASE.
II.
SUBORDINATION OF MORTGAGE.
ANY MORTGAGEE OF ALL OR ANY PART OF
THE DEMISED PREMISES MAY AT ANY TIME ELECT TO CAUSE THIS LEASE TO HAVE PRIORITY
OVER ITS MORTGAGE, BY EXECUTING UNILATERALLY AN INSTRUMENT SUBORDINATING ITS
MORTGAGE TO THIS LEASE, OR PLACING A CLAUSE OF SUCH SUBORDINATION IN ITS
MORTGAGE AND RECORDING THE SAME OR IN ANY PLEADINGS FILED BY SUCH MORTGAGEE, IN
WHICH EVENT THIS LEASE SHALL HAVE PRIORITY OVER SAID MORTGAGE.
DEFAULT PROVISIONS
I.
DEFAULT; REMEDIES.
THE OCCURRENCE OF ANY ONE OR MORE OF THE
FOLLOWING EVENTS SHALL CONSTITUTE AN "EVENT OF DEFAULT" AND BREACH OF THIS LEASE
BY TENANT:
A.
THE FAILURE BY TENANT TO MAKE ANY PAYMENT OF RENTAL OR ANY OTHER
PAYMENT REQUIRED TO BE MADE BY TENANT HEREUNDER, AS AND WHEN DUE, IF SUCH
FAILURE CONTINUES FOR A PERIOD OF FIVE (5) BUSINESS DAYS AFTER TENANT RECEIVES
WRITTEN NOTICE FROM LANDLORD TO TENANT OF THE FAILURE TO MAKE SUCH PAYMENT,
PROVIDED THAT ANY SUCH NOTICE DELIVERED BY LANDLORD SHALL BE IN LIEU OF, AND NOT
IN ADDITION TO, ANY NOTICE REQUIRED UNDER CALIFORNIA CODE OF CIVIL PROCEDURE
SECTION 1161 OR ANY SIMILAR SUCCESSOR LAW.
B.
THE FAILURE BY TENANT TO OBSERVE OR PERFORM ANY OF THE COVENANTS,
CONDITIONS OR PROVISIONS OF THIS LEASE TO BE OBSERVED OR PERFORMED BY TENANT,
OTHER THAN DESCRIBED IN PARAGRAPH (A) ABOVE, IF SUCH FAILURE CONTINUES FOR A
PERIOD OF THIRTY (30) DAYS AFTER WRITTEN NOTICE THEREOF FROM LANDLORD TO TENANT
(OR SUCH LONGER TIME AS MAY BE REASONABLY NECESSARY TO CURE SO LONG AS TENANT
SHALL HAVE COMMENCED TO CURE THE SAME WITHIN SAID THIRTY (30) DAYS AND
DILIGENTLY PROSECUTES THE SAME TO COMPLETION, PROVIDED THAT ANY SUCH NOTICE
DELIVERED BY LANDLORD SHALL