MADE ON THE BASIS OF A THREE HUNDRED SIXTY (360) DAY YEAR AND
THIRTY (30) DAY MONTHS.
26.
RULES AND REGULATIONS. TENANT SHALL, AT ALL TIMES DURING THE TERM,
COMPLY WITH ALL REASONABLE RULES AND REGULATIONS AT ANY TIME OR FROM TIME TO
TIME ESTABLISHED BY LANDLORD COVERING USE OF THE PREMISES AND THE PROJECT. THE
CURRENT RULES AND REGULATIONS ARE ATTACHED HERETO AS EXHIBIT E. IF THERE IS ANY
CONFLICT BETWEEN SAID RULES AND REGULATIONS AND OTHER PROVISIONS OF THIS LEASE,
THE TERMS AND PROVISIONS OF THIS LEASE SHALL CONTROL. LANDLORD SHALL NOT HAVE
ANY LIABILITY OR OBLIGATION FOR THE BREACH OF ANY RULES OR REGULATIONS BY OTHER
TENANTS IN THE PROJECT AND SHALL NOT ENFORCE SUCH RULES AND REGULATIONS IN A
DISCRIMINATORY MANNER.
27.
SUBORDINATION. LANDLORD REPRESENTS AND WARRANTS THAT AS OF THE
DATE OF THIS LEASE, THE PROJECT IS NOT ENCUMBERED BY A MORTGAGE, DEED OF TRUST
OR GROUND LEASE. THIS LEASE AND TENANT'S INTEREST AND RIGHTS HEREUNDER ARE
HEREBY MADE AND SHALL BE SUBJECT AND SUBORDINATE AT ALL TIMES TO THE LIEN OF ANY
MORTGAGE NOW EXISTING OR HEREAFTER CREATED ON OR AGAINST THE PROJECT OR THE
PREMISES, AND ALL AMENDMENTS, RESTATEMENTS, RENEWALS, MODIFICATIONS,
CONSOLIDATIONS, REFINANCING, ASSIGNMENTS AND EXTENSIONS THEREOF, WITHOUT THE
NECESSITY OF ANY FURTHER INSTRUMENT OR ACT ON THE PART OF TENANT; PROVIDED,
HOWEVER THAT LANDLORD SHALL USE COMMERCIALLY REASONABLE EFFORTS TO OBTAIN FOR
THE BENEFIT OF TENANT FROM ANY HOLDER OF A FUTURE MORTGAGE A COMMERCIALLY
REASONABLE NON-DISTURBANCE AGREEMENT WHICH PROVIDES, AMONG OTHER THINGS, THAT SO
LONG AS THERE IS NO DEFAULT HEREUNDER, THIS LEASE SHALL NOT BE TERMINATED AND
TENANT'S RIGHT TO POSSESSION OF THE PREMISES SHALL NOT BE DISTURBED BY THE
HOLDER OF ANY SUCH MORTGAGE. NOTWITHSTANDING THE FOREGOING, TENANT SHALL EXECUTE
AND DELIVER, UPON TEN (10) BUSINESS DAYS PRIOR WRITTEN NOTICE, SUCH FURTHER
INSTRUMENT OR INSTRUMENTS EVIDENCING SUCH SUBORDINATION OF THIS LEASE TO THE
LIEN OF ANY SUCH MORTGAGE OR MORTGAGES AS MAY BE REQUIRED BY LANDLORD. HOWEVER,
IF ANY SUCH HOLDER SO ELECTS, THIS LEASE SHALL BE DEEMED PRIOR IN LIEN TO ANY
SUCH MORTGAGE OR MORTGAGES REGARDLESS OF THE DATE AND TENANT WILL EXECUTE A
STATEMENT IN WRITING TO SUCH EFFECT AT LANDLORD'S REQUEST. IN THE EVENT ANY
PROCEEDINGS ARE BROUGHT FOR FORECLOSURE, OR IN THE EVENT OF THE EXERCISE OF THE
POWER OF SALE UNDER AN MORTGAGE, TENANT SHALL AT THE ELECTION OF THE PURCHASER
AT SUCH FORECLOSURE OR SALE ATTORN TO THE PURCHASER UPON ANY SUCH FORECLOSURE OR
SALE AND RECOGNIZE SUCH PURCHASER AS THE LANDLORD UNDER THIS LEASE, SO LONG AS
SUCH PURCHASER EXECUTES A WRITTEN RECOGNITION AGREEMENT IN FORM REASONABLY
SATISFACTORY TO LANDLORD AND TENANT PROVIDING THAT, SO LONG AS TENANT IS NOT IN
DEFAULT HEREUNDER, TENANT'S RIGHTS OF OCCUPANCY SHALL NOT BE DISTURBED AND
TENANT SHALL RECEIVE ALL OF THE RIGHTS AND SERVICES PROVIDED FOR UNDER THIS
LEASE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION 27, AS A
CONDITION TO TENANT'S OBLIGATION TO SUBORDINATE ITS LEASEHOLD INTEREST TO THE
INTERESTS OF A