more Rentable Area in the
Building than is leased by Tenant, the location of each tenant's identification
sign on such monument shall be determined on the basis of the amount of Rentable
Area in the Building leased by each such tenant.
Tenant further agrees that
Tenant shall remove any sign panel, graphics or letters identifying Tenant (or
its affiliates) from such monument sign at Tenant's cost upon the expiration or
earlier termination of this Lease; and if such removal causes any damage or
defacement to such monument sign, Tenant shall be responsible for the repair of
same.
Such obligations shall survive any expiration or termination of this
Lease.
23
ARTICLE 17
SUBORDINATION TO MORTGAGES AND DEEDS OF TRUST
17.1
THIS LEASE AND THE RIGHTS OF TENANT HEREUNDER
SHALL BE AND ARE HEREBY MADE SUBJECT AND SUBORDINATE TO THE LIEN OF ANY
MORTGAGES OR DEEDS OF TRUST NOW OR HEREAFTER EXISTING AGAINST THE BUILDING
COMPLEX AND TO ALL RENEWALS, MODIFICATIONS, CONSOLIDATIONS, REPLACEMENTS AND
EXTENSIONS THEREOF AND TO ALL ADVANCES MADE, OR HEREAFTER TO BE MADE, UPON THE
SECURITY THEREOF. ALTHOUGH SUCH SUBORDINATION SHALL BE SELF-OPERATING, TENANT,
OR ITS SUCCESSORS IN INTEREST, SHALL UPON LANDLORD'S REQUEST, EXECUTE AND
DELIVER UPON THE DEMAND OF LANDLORD ANY AND ALL INSTRUMENTS DESIRED BY LANDLORD,
SUBORDINATING, IN THE MANNER REASONABLY REQUESTED BY LANDLORD, THIS LEASE TO ANY
SUCH MORTGAGE OR DEED OF TRUST. LANDLORD IS HEREBY IRREVOCABLY APPOINTED AND
AUTHORIZED AS AGENT AND ATTORNEY-IN-FACT OF TENANT TO EXECUTE ALL SUCH
SUBORDINATION INSTRUMENTS IN THE EVENT TENANT FAILS TO EXECUTE SAID INSTRUMENTS
WITHIN FIFTEEN (15) DAYS AFTER NOTICE FROM LANDLORD DEMANDING THE EXECUTION
THEREOF.
Should any mortgage or deed of trust affecting the Building Complex be
foreclosed, then:
(A)
THE LIABILITY OF THE MORTGAGEE, BENEFICIARY
OR PURCHASER AT SUCH FORECLOSURE SALE SHALL EXIST ONLY SO LONG AS SUCH
MORTGAGEE, BENEFICIARY OR PURCHASER IS THE OWNER OF THE BUILDING COMPLEX AND
SUCH LIABILITY SHALL NOT CONTINUE OR SURVIVE AFTER FURTHER TRANSFER OF
OWNERSHIP; AND
(B)
TENANT SHALL BE DEEMED TO HAVE ATTORNED, AS
TENANT UNDER THIS LEASE, TO THE PURCHASER AT ANY FORECLOSURE SALE THEREUNDER,
AND THIS LEASE SHALL CONTINUE IN FULL FORCE AND EFFECT AS A DIRECT LEASE BETWEEN
AND BINDING UPON TENANT AND SUCH PURCHASER AT ANY FORECLOSURE SALE.
AS USED IN THIS ARTICLE 17, "MORTGAGEE" AND "BENEFICIARY" SHALL INCLUDE
SUCCESSORS AND ASSIGNS OF ANY SUCH PARTY, WHETHER IMMEDIATE OR REMOTE, THE
PURCHASER OF ANY MORTGAGE OR DEED OF TRUST, WHETHER AT FORECLOSURE OR OTHERWISE,
AND THE SUCCESSORS, ASSIGNS AND MORTGAGEES AND BENEFICIARIES OF SUCH PURCHASER,
WHETHER IMMEDIATE OR REMOTE.
LANDLORD, AT THE WRITTEN REQUEST OF TENANT, AGREES TO REQUEST ANY MORTGAGEE OR
BENEFICIARY TO ENTER INTO A NON-DISTURBANCE AGREEMENT WITH TENANT, IN A FORM
SATISFACTORY TO SUCH MORTGAGEE OR BENEFICIARY, STATING THAT TENANT'S RIGHT TO
THE CONTINUED USE AND POSSESSION OF THE PREMISES SHALL BE UNDER THE SAME TERMS
AND CONDITIONS AS SET FORTH IN THIS LEASE PROVIDED THAT AT SUCH TIME TENANT IS
NOT IN DEFAULT OF ITS OBLIGATIONS HEREIN. LANDLORD MAKES NO