TO ANY MORTGAGE
NOW OR IN THE FUTURE AFFECTING THE PREMISES, PROVIDED THAT TENANT'S RIGHT OF
POSSESSION OF THE PREMISES SHALL NOT BE DISTURBED BY THE MORTGAGEE SO LONG AS
TENANT IS NOT IN DEFAULT UNDER THIS LEASE.
THIS CLAUSE SHALL BE SELF-OPERATIVE,
BUT WITHIN 10 DAYS AFTER REQUEST, TENANT SHALL EXECUTE AND DELIVER ANY FURTHER
INSTRUMENTS CONFIRMING THE SUBORDINATION OF THIS LEASE AND ANY FURTHER
INSTRUMENTS OF ATTORNMENT THAT THE MORTGAGEE MAY REASONABLY REQUEST.
HOWEVER,
ANY MORTGAGEE MAY AT ANY TIME SUBORDINATE ITS MORTGAGE TO THIS LEASE, WITHOUT
TENANT'S CONSENT, BY GIVING NOTICE TO TENANT, AND THIS LEASE SHALL THEN BE
DEEMED PRIOR TO SUCH MORTGAGE WITHOUT REGARD TO THEIR RESPECTIVE DATES OF
EXECUTION AND DELIVERY; PROVIDED THAT SUCH SUBORDINATION SHALL NOT AFFECT ANY
MORTGAGEE'S RIGHTS WITH RESPECT TO CONDEMNATION AWARDS, CASUALTY INSURANCE
PROCEEDS, INTERVENING LIENS OR ANY RIGHT WHICH SHALL ARISE BETWEEN THE RECORDING
OF SUCH MORTGAGE AND THE EXECUTION OF THIS LEASE.
(B)
NO MORTGAGEE SHALL BE (I) LIABLE FOR ANY ACT OR OMISSION OF A
PRIOR LANDLORD, (II) SUBJECT TO ANY RENTAL OFFSETS OR DEFENSES AGAINST A PRIOR
LANDLORD, (III) BOUND BY ANY AMENDMENT OF THIS LEASE MADE WITHOUT ITS WRITTEN
CONSENT, OR (IV) BOUND BY PAYMENT OF MONTHLY RENT MORE THAN ONE MONTH IN ADVANCE
OR LIABLE FOR ANY OTHER FUNDS PAID BY TENANT TO LANDLORD UNLESS SUCH FUNDS
ACTUALLY HAVE BEEN TRANSFERRED TO THE MORTGAGEE BY LANDLORD.
(C)
THE PROVISIONS OF SECTIONS 15 AND 16 ABOVE NOTWITHSTANDING,
LANDLORD'S OBLIGATION TO RESTORE THE PREMISES AFTER A CASUALTY OR CONDEMNATION
SHALL BE SUBJECT TO THE CONSENT AND PRIOR RIGHTS OF ANY MORTGAGEE.
20.
TENANT'S CERTIFICATE; FINANCIAL INFORMATION.
WITHIN 10 DAYS AFTER
LANDLORD'S REQUEST FROM TIME TO TIME, (A) TENANT SHALL EXECUTE, ACKNOWLEDGE AND
DELIVER TO LANDLORD, FOR THE BENEFIT OF LANDLORD, MORTGAGEE, ANY PROSPECTIVE
MORTGAGEE, AND ANY PROSPECTIVE PURCHASER OF
11
LANDLORD'S INTEREST IN THE PROPERTY, AN ESTOPPEL CERTIFICATE IN THE FORM OF
ATTACHED EXHIBIT "C" (OR OTHER FORM REQUESTED BY LANDLORD), MODIFIED AS
NECESSARY TO ACCURATELY STATE THE FACTS REPRESENTED, AND (B) TENANT SHALL
FURNISH TO LANDLORD, LANDLORD'S MORTGAGEE, PROSPECTIVE MORTGAGEE AND/OR
PROSPECTIVE PURCHASER REASONABLY REQUESTED FINANCIAL INFORMATION.
21.
SURRENDER.
(A)
ON THE DATE ON WHICH THIS LEASE EXPIRES OR TERMINATES, TENANT
SHALL RETURN POSSESSION OF THE PREMISES TO LANDLORD IN GOOD CONDITION, EXCEPT
FOR ORDINARY WEAR AND TEAR, AND EXCEPT FOR CASUALTY DAMAGE OR OTHER CONDITIONS
THAT TENANT IS NOT REQUIRED TO REMEDY UNDER THIS LEASE.
PRIOR TO THE EXPIRATION
OR TERMINATION OF THIS LEASE, TENANT SHALL REMOVE FROM THE PROPERTY ALL
FURNITURE, TRADE FIXTURES, EQUIPMENT, WIRING AND CABLING (UNLESS LANDLORD
DIRECTS TENANT OTHERWISE), AND ALL OTHER PERSONAL PROPERTY INSTALLED BY TENANT
OR ITS ASSIGNEES OR SUBTENANTS.
TENANT SHALL REPAIR ANY DAMAGE RESULTING FROM
SUCH REMOVAL AND SHALL RESTORE THE PROPERTY TO GOOD ORDER AND CONDITION.
ANY OF
TENANT'S PERSONAL PROPERTY NOT REMOVED AS REQUIRED SHALL BE DEEMED ABANDONED,
AND LANDLORD, AT TENANT'S EXPENSE, MAY REMOVE, STORE, SELL OR OTHERWISE DISPOSE
OF SUCH PROPERTY IN SUCH MANNER AS LANDLORD MAY SEE FIT AND/OR