SUCH
MORTGAGEE OR PURCHASER, ASSIGNEE OR LESSEE, AS THE CASE MAY BE, EITHER
(I) ATTORN TO IT AND WILL PERFORM FOR ITS BENEFIT ALL THE TERMS, COVENANTS AND
CONDITIONS OF THIS LEASE ON TENANT'S PART TO BE PERFORMED WITH THE SAME FORCE
AND EFFECT AS IF SAID LESSOR, SUCH MORTGAGEE OR PURCHASER, ASSIGNEE OR LESSEE,
WERE THE LANDLORD ORIGINALLY NAMED IN THIS LEASE, OR (II) ENTER INTO A NEW LEASE
WITH SAID LESSOR OR SUCH MORTGAGEE OR PURCHASER, ASSIGNEE OR LESSEE, AS
LANDLORD, FOR THE REMAINING TERM OF THIS LEASE AND OTHERWISE ON THE SAME TERMS
AND CONDITIONS AND WITH THE SAME OPTIONS, IF ANY, THEN REMAINING.
THE FOREGOING
PROVISIONS OF CLAUSE (I) OF THIS SECTION 25.02 SHALL ENURE TO THE BENEFIT OF
SUCH LESSOR, MORTGAGEE, PURCHASER, ASSIGNEE OR LESSEE, SHALL BE SELF OPERATIVE
UPON THE EXERCISE OF SUCH OPTION, AND NO FURTHER INSTRUMENT SHALL BE REQUIRED TO
GIVE EFFECT TO SAID PROVISIONS.
TENANT, HOWEVER, UPON DEMAND OF ANY SUCH
LESSOR, MORTGAGEE, PURCHASER, ASSIGNEE OR LESSEE AGREES TO EXECUTE, FROM TIME TO
TIME, INSTRUMENTS IN CONFIRMATION OF THE FOREGOING PROVISIONS OF THIS
SECTION 25.02, SATISFACTORY TO ANY SUCH LESSOR, MORTGAGEE, PURCHASER, ASSIGNEE
OR LESSEE, ACKNOWLEDGING SUCH ATTORNMENT AND SETTING FORTH THE TERMS AND
CONDITIONS OF ITS TENANCY PROVIDED THE SAME IS IN FORM AND SUBSTANCE ACCEPTABLE
TO TENANT.
TENANT HEREBY CONSTITUTES AND APPOINTS LANDLORD OR ITS SUCCESSORS IN
INTEREST TO BE THE TENANT'S ATTORNEY IN FACT, IRREVOCABLY AND COUPLED WITH AN
INTEREST, TO EXECUTE AND DELIVER SUCH INSTRUMENT OF ATTORNMENT, OR SUCH NEW
LEASE, IF THE TENANT REFUSES OR FAILS TO DO SO PROMPTLY UPON REQUEST.
25.03
ANYTHING HEREIN CONTAINED TO THE CONTRARY NOTWITHSTANDING,
UNDER NO CIRCUMSTANCES SHALL THE AFOREDESCRIBED LESSOR UNDER THE GROUND LEASE OR
MORTGAGEE OR PURCHASER, ASSIGNEE OR LESSEE, AS THE CASE MAY BE, WHETHER OR NOT
IT SHALL HAVE SUCCEEDED TO THE INTERESTS OF THE LANDLORD UNDER THIS LEASE, BE:
(A)
LIABLE FOR ANY ACT, OMISSION OR DEFAULT OF ANY PRIOR
LANDLORD (INCLUDING, WITHOUT LIMITATION, THE THEN DEFAULTING LANDLORD) UNLESS OF
A CONTINUING NATURE; OR
(B)
SUBJECT TO ANY OFFSETS, CLAIMS OR DEFENSES WHICH TENANT
MIGHT HAVE AGAINST ANY PRIOR LANDLORD(INCLUDING, WITHOUT LIMITATION, THE THEN
DEFAULTING LANDLORD) OTHER THAN ANY ABATEMENT PROVIDED FOR UNDER THE EXPRESS
TERMS OF THIS LEASE TO THE EXTENT SUCH ABATEMENT IS APPLICABLE TO PERIODS AFTER
THE DATE OF SUCH SUCCESSION AS LANDLORD; OR
(C)
BOUND BY ANY RENT OR ADDITIONAL RENT WHICH TENANT MIGHT
HAVE PAID TO ANY PRIOR LANDLORD FOR MORE THAN ONE MONTH IN ADVANCE; OR
38
(D)
BOUND BY ANY MODIFICATION, AMENDMENT OR ABRIDGMENT OF THE
LEASE, OR ANY CANCELLATION OR SURRENDER OR TERMINATION OF THE SAME, MADE WITHOUT
ITS PRIOR WRITTEN APPROVAL TO THE EXTENT MADE AFTER SUCH PARTY'S INTEREST IN THE
BUILDING WAS IDENTIFIED IN WRITING TO TENANT; OR
(E)
BOUND BY ANY OBLIGATION TO MAKE ANY PAYMENT TO OR ON
BEHALF OF TENANT OR TO PERFORM ANY IMPROVEMENTS TO THE DEMISED PREMISES; OR
(F)
BOUND TO RETURN TENANT'S SECURITY DEPOSIT, IF ANY, UNTIL
SUCH