IS
CONTINUING, LANDLORD WILL JOIN IN GRANTING AND, IF NECESSARY, MODIFYING OR
ABANDONING SUCH RIGHTS-OF-WAY, EASEMENTS AND OTHER INTERESTS AS MAY BE
REASONABLY REQUESTED BY TENANT FOR INGRESS AND EGRESS, AND ELECTRIC, TELEPHONE,
GAS, WATER, SEWER AND OTHER UTILITIES SO LONG AS:
(A)
THE INSTRUMENT CREATING, MODIFYING OR ABANDONING ANY SUCH
EASEMENT, RIGHT-OF-WAY OR OTHER INTEREST IS SATISFACTORY TO AND APPROVED BY
LANDLORD (WHICH APPROVAL SHALL NOT BE UNREASONABLY WITHHELD, DELAYED OR
CONDITIONED); AND
(B)
LANDLORD RECEIVES AN OFFICER'S CERTIFICATE FROM TENANT STATING (I)
THAT SUCH GRANT, MODIFICATION OR ABANDONMENT IS NOT DETRIMENTAL TO THE PROPER
CONDUCT OF BUSINESS ON SUCH PROPERTY, (II) THE CONSIDERATION, IF ANY, BEING PAID
FOR SUCH GRANT, MODIFICATION OR ABANDONMENT (WHICH CONSIDERATION SHALL BE PAID
BY TENANT), (III) THAT SUCH GRANT, MODIFICATION OR ABANDONMENT DOES NOT IMPAIR
THE USE OR VALUE OF SUCH PROPERTY FOR THE PERMITTED USE, AND (IV) THAT, FOR AS
LONG AS THIS AGREEMENT SHALL BE IN EFFECT, TENANT WILL PERFORM ALL OBLIGATIONS,
IF ANY, OF LANDLORD UNDER ANY SUCH INSTRUMENT.
58
19.2
EXERCISE OF RIGHTS BY TENANT.
SO LONG AS NO EVENT OF DEFAULT HAS OCCURRED
AND IS CONTINUING, TENANT SHALL HAVE THE RIGHT TO EXERCISE ALL RIGHTS OF
LANDLORD UNDER THE EASEMENT AGREEMENTS AND, IN CONNECTION THEREWITH, LANDLORD
SHALL EXECUTE AND PROMPTLY RETURN TO TENANT SUCH DOCUMENTS AS TENANT SHALL
REASONABLY REQUEST.
TENANT SHALL PERFORM ALL OBLIGATIONS OF LANDLORD UNDER THE
EASEMENT AGREEMENTS.
19.3
PERMITTED ENCUMBRANCES.
ANY AGREEMENTS ENTERED INTO IN ACCORDANCE WITH
THIS ARTICLE 19 SHALL BE DEEMED A PERMITTED ENCUMBRANCE.
ARTICLE 20
PROPERTY MORTGAGES
20.1
LANDLORD MAY GRANT LIENS.
WITHOUT THE CONSENT OF TENANT, LANDLORD MAY,
FROM TIME TO TIME, DIRECTLY OR INDIRECTLY, CREATE OR OTHERWISE CAUSE TO EXIST
ANY LIEN, ENCUMBRANCE OR TITLE RETENTION AGREEMENT ("ENCUMBRANCE") UPON THE
LEASED PROPERTY, OR ANY PORTION THEREOF, OR INTEREST THEREIN, WHETHER TO SECURE
ANY BORROWING OR OTHER MEANS OF FINANCING OR REFINANCING.
20.2
SUBORDINATION OF LEASE.
THIS AGREEMENT AND ANY AND ALL RIGHTS OF TENANT
HEREUNDER ARE AND SHALL BE SUBJECT AND SUBORDINATE TO ANY GROUND OR MASTER
LEASE, AND ALL RENEWALS, EXTENSIONS, MODIFICATIONS AND REPLACEMENTS THEREOF, AND
TO ALL MORTGAGES AND DEEDS OF TRUST, WHICH MAY NOW OR HEREAFTER AFFECT THE
LEASED PROPERTY, OR ANY PORTION THEREOF, OR ANY IMPROVEMENTS THEREON AND/OR ANY
OF SUCH LEASES, WHETHER OR NOT SUCH MORTGAGES OR DEEDS OF TRUST SHALL ALSO COVER
OTHER LANDS AND/OR BUILDINGS AND/OR LEASES, TO EACH AND EVERY ADVANCE MADE OR
HEREAFTER TO BE MADE UNDER SUCH MORTGAGES AND DEEDS OF TRUST, AND TO ALL
RENEWALS, MODIFICATIONS, REPLACEMENTS AND EXTENSIONS OF SUCH LEASES AND SUCH
MORTGAGES AND DEEDS OF TRUST AND ALL CONSOLIDATIONS OF SUCH MORTGAGES AND DEEDS
OF TRUST.
THIS SECTION SHALL BE SELF-OPERATIVE AND NO FURTHER INSTRUMENT OF
SUBORDINATION SHALL BE REQUIRED.
IN CONFIRMATION OF SUCH SUBORDINATION, TENANT
SHALL PROMPTLY EXECUTE, ACKNOWLEDGE AND DELIVER ANY INSTRUMENT THAT LANDLORD,
THE LESSOR UNDER ANY SUCH LEASE OR THE HOLDER OF ANY SUCH MORTGAGE OR THE
TRUSTEE OR BENEFICIARY OF ANY DEED OF TRUST OR ANY OF THEIR RESPECTIVE