LANDLORD'S LIABILITY
SECTION 21.1.
THE TERM "LANDLORD," AS USED IN THIS LEASE, SO FAR AS LANDLORD'S
COVENANTS AND AGREEMENTS UNDER THIS LEASE ARE CONCERNED, SHALL BE LIMITED TO
MEAN AND INCLUDE ONLY THE OWNER OR OWNERS AT THE TIME IN QUESTION OF THE FEE
TITLE TO THE LEASED PREMISES.
IN THE EVENT OF ANY CONVEYANCE OF SUCH FEE TITLE
TO THE LEASED PREMISES, AND REGARDLESS OF WHETHER THE GRANTEE IS FINANCIALLY
RESPONSIBLE OR SOLVENT AND NOTWITHSTANDING THAT THE GRANTOR MAY BE A
STOCKHOLDER, OFFICER OR DIRECTOR OF A CORPORATE GRANTEE, LANDLORD HEREIN NAMED
AND EACH SUBSEQUENT GRANTOR SHALL BE AUTOMATICALLY RELIEVED, FROM AND AFTER THE
DATE OF SUCH CONVEYANCE, OF ALL PERSONAL LIABILITY AS RESPECTS THE PERFORMANCE
OF ANY OF LANDLORD'S COVENANTS AND AGREEMENTS THEREAFTER TO BE PERFORMED, AND
SUCH GRANTEE SHALL BE BOUND BY ALL SUCH COVENANTS AND AGREEMENTS; IT BEING
INTENDED THAT LANDLORD'S COVENANTS AND AGREEMENTS SHALL BE BINDING ON LANDLORD
AND LANDLORD'S DISTRIBUTEES, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS
ONLY DURING AND IN RESPECT OF THEIR SUCCESSIVE PERIODS OF OWNERSHIP.
HOWEVER,
LANDLORD OR THE GRANTOR SHALL TURN OVER TO THE GRANTEE ALL MONIES, IF ANY, THEN
HELD BY LANDLORD OR SUCH GRANTOR ON BEHALF OF TENANT.
ARTICLE 22
MORTGAGE SUBORDINATION
SECTION 22.1.
THIS LEASE SHALL BE SUBJECT AND SUBORDINATE TO ANY MORTGAGE
GRANTED BY LANDLORD, ALL INSTRUMENTS IN CONNECTION THEREWITH (INCLUDING
ASSIGNMENT OF LESSOR'S INTEREST IN LEASE), AND TO ANY OTHER MORTGAGE HEREAFTER
PLACED AND BECOMING A LIEN UPON THE FEE TITLE OF THE LEASED PREMISES AND TO ANY
RENEWALS, EXTENSIONS, MODIFICATIONS, CONSOLIDATIONS, REPLACEMENTS AND
CORRELATIONS THEREOF (COLLECTIVELY REFERRED TO HEREIN AS "MORTGAGE").
SECTION 22.2.
THIS LEASE IS AND SHALL BE SUBJECT AND SUBORDINATE TO ANY
SECURITY AGREEMENT EXECUTED AS ADDITIONAL OR SUPPLEMENTAL SECURITY TO ANY
MORTGAGE REFERRED TO IN SECTION 22.1, AND TO ANY FINANCING STATEMENTS UNDER THE
UNIFORM COMMERCIAL CODE.
SECTION 22.3.
THE PROVISIONS OF THIS ARTICLE SHALL BE SELF-OPERATIVE, WITHOUT
THE NECESSITY OF ANY OTHER WRITTEN CONSENT, APPROVAL OR SUBORDINATION BY
TENANT.
HOWEVER, UPON REQUEST OF LANDLORD, TENANT, AT ANY TIME OR TIMES, SHALL
EXECUTE, ACKNOWLEDGE AND DELIVER TO LANDLORD, WITHOUT EXPENSE TO LANDLORD, ANY
INSTRUMENTS REQUIRED BY LANDLORD OR THE MORTGAGEE TO CONFIRM SUCH
SUBORDINATION.
TENANT, IN CONFIRMATION OF THE FOREGOING, HEREBY IRREVOCABLY
NOMINATES, CONSTITUTES AND APPOINTS LANDLORD, TENANT'S PROPER AND LEGAL
ATTORNEY-IN-FACT FOR ANY PURPOSE REQUIRED TO EFFECTUATE AND CARRY OUT THE INTENT
OF THIS ARTICLE, WITH A POWER COUPLED WITH AN INTEREST, HEREBY RATIFYING ALL
THAT LANDLORD MAY DO AS SUCH ATTORNEY-IN-FACT OF TENANT.
SECTION 22.4.
TENANT SHALL NOT PERFORM OR PERMIT THE PERFORMANCE OF ANY ACT
WHICH IS PROHIBITED BY THE PROVISIONS OF ANY MORTGAGE TO WHICH THIS LEASE IS
SUBJECT AND SHALL NOT DO ANYTHING OR SUFFER OR PERMIT ANY ACT, CONDITION OR
THING TO OCCUR AT THE LEASED PREMISES, WHICH CONSTITUTES A DEFAULT UNDER SUCH
MORTGAGE EXCEPT THAT TENANT SHALL NOT BE OBLIGATED TO PAY THE PRINCIPAL
INDEBTEDNESS THEREOF OR INTEREST THEREON.
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SECTION 22.5.
TENANT SHALL CONSENT TO SUCH REASONABLE AMENDMENTS OF THIS LEASE
AS THE HOLDER