CHARACTER, REPUTATION OR APPEARANCE
OF THE PROPERTY; OR (F) UNREASONABLY AND KNOWINGLY ANNOY, INCONVENIENCE OR
DISRUPT THE OPERATIONS OR TENANCIES OF OTHER TENANTS OR USERS OF THE PROPERTY.
LANDLORD HEREBY STIPULATES THAT AS OF THE COMMENCEMENT DATE, TENANT IS IN FULL
COMPLIANCE WITH ALL OF THE PROVISIONS OF THIS SECTION 4.1.
4.2.
SIGNAGE.
TENANT SHALL NOT AFFIX ANY SIGN OF ANY SIZE OR CHARACTER
TO ANY PORTION OF THE PROPERTY, WITHOUT PRIOR WRITTEN APPROVAL OF LANDLORD,
WHICH APPROVAL SHALL NOT BE UNREASONABLY WITHHELD, CONDITIONED OR DELAYED.
TENANT SHALL REMOVE ALL SIGNS OF TENANT UPON THE EXPIRATION OR EARLIER
TERMINATION OF THIS LEASE AND IMMEDIATELY REPAIR ANY DAMAGE TO EITHER OR BOTH OF
THE PROPERTY AND THE PREMISES CAUSED BY, OR RESULTING FROM, SUCH REMOVAL.
LANDLORD HEREBY STIPULATES THAT AS OF THE COMMENCEMENT DATE, TENANT IS IN FULL
COMPLIANCE WITH ALL OF THE PROVISIONS OF THIS SECTION 4.2.
5.
CONDITION OF PREMISES.
5.1.
CONDITION OF PREMISES.
TENANT AGREES THAT TENANT IS FAMILIAR WITH
THE CONDITION OF BOTH THE PREMISES AND THE PROPERTY, AND TENANT HEREBY ACCEPTS
THE FOREGOING ON AN "AS-IS," "WHERE-IS" BASIS.
TENANT ACKNOWLEDGES THAT NEITHER
LANDLORD NOR AGENT, NOR ANY REPRESENTATIVE OF LANDLORD, HAS MADE ANY
REPRESENTATION AS TO THE CONDITION OF THE FOREGOING OR THE SUITABILITY OF THE
FOREGOING FOR TENANT'S INTENDED USE.
TENANT REPRESENTS AND WARRANTS THAT TENANT
HAS MADE ITS OWN INSPECTION OF THE FOREGOING.
NEITHER LANDLORD NOR AGENT SHALL
BE OBLIGATED TO MAKE ANY REPAIRS, REPLACEMENTS OR IMPROVEMENTS (WHETHER
STRUCTURAL OR OTHERWISE) OF ANY KIND OR NATURE TO THE FOREGOING IN CONNECTION
WITH, OR IN CONSIDERATION OF, THIS LEASE, EXCEPT AS EXPRESSLY AND SPECIFICALLY
SET FORTH IN THIS LEASE.
6.
SUBORDINATION; ATTORNMENT.
6.1.
SUBORDINATION AND ATTORNMENT.
THIS LEASE IS AND SHALL BE SUBJECT
AND SUBORDINATE AT ALL TIMES TO (A) ALL GROUND LEASES OR UNDERLYING LEASES THAT
MAY NOW EXIST OR HEREAFTER BE EXECUTED AFFECTING EITHER OR BOTH OF THE PREMISES
AND THE PROPERTY AND (B) ANY MORTGAGE OR DEED OF TRUST THAT MAY NOW EXIST OR
HEREAFTER BE PLACED UPON, AND ENCUMBER, ANY OR ALL OF (X) THE PROPERTY; (Y) ANY
GROUND LEASES OR UNDERLYING LEASES FOR THE BENEFIT OF THE PROPERTY; AND (Z) ALL
OR ANY PORTION OF LANDLORD'S INTEREST OR ESTATE IN ANY OF SAID ITEMS.
TENANT
SHALL EXECUTE AND DELIVER, WITHIN TEN (10) DAYS OF LANDLORD'S REQUEST, AND IN
THE FORM REASONABLY REQUESTED BY LANDLORD (OR ITS LENDER), ANY DOCUMENTS
EVIDENCING THE SUBORDINATION OF THIS LEASE.
TENANT HEREBY COVENANTS AND AGREES
THAT TENANT SHALL ATTORN TO ANY SUCCESSOR TO LANDLORD; PROVIDED THAT ANY
SUCCESSOR LANDLORD (AS DEFINED BELOW) STIPULATES AND UPHOLDS TENANT'S RIGHT TO
6
QUIET ENJOYMENT OF THE PREMISES, BUILDING AND PROPERTY UNDER THIS LEASE AND ALL
OF SUCH SUCCESSOR LANDLORD'S OBLIGATIONS UNDER THE LEASE BY EXECUTING A
SUBORDINATION AND NON-DISTURBANCE AGREEMENT IN A FORM REASONABLY SATISFACTORY TO
TENANT.
6.2.
TRANSFER BY LANDLORD.
IN THE EVENT OF A SALE OR CONVEYANCE BY
LANDLORD OF THE PROPERTY, THE SAME SHALL OPERATE TO RELEASE LANDLORD FROM ANY
FUTURE LIABILITY FOR ANY