IN RECORDABLE FORM IF REQUIRED, THAT LANDLORD, THE HOLDER OF ANY SUPERIOR
INSTRUMENT OR ANY OF THEIR RESPECTIVE SUCCESSORS IN INTEREST MAY REQUEST TO
EVIDENCE SUCH SUBORDINATION, WITHIN SEVEN (7) BUSINESS DAYS AFTER SUCH REQUEST.
LANDLORD REPRESENTS THAT THERE ARE NO EXISTING SUPERIOR INSTRUMENTS AFFECTING
THE LAND OR THE BUILDING ON THE DATE HEREOF.
25.02
IN THE EVENT OF A TERMINATION OF ANY GROUND OR
UNDERLYING LEASE, OR IF THE INTERESTS OF LANDLORD UNDER THIS LEASE ARE
TRANSFERRED BY REASON OF, OR ASSIGNED IN LIEU OF, FORECLOSURE OR OTHER
PROCEEDINGS FOR ENFORCEMENT OF ANY MORTGAGE, OR IF THE HOLDER OF ANY MORTGAGE
ACQUIRES A LEASE IN SUBSTITUTION THEREFOR, THEN TENANT WILL, AT THE OPTION TO BE
EXERCISED IN WRITING BY THE HOLDER OF ANY SUCH SUPERIOR INSTRUMENT OR ANY
PURCHASER, ASSIGNEE OR LESSEE, AS THE CASE MAY BE, EITHER (I) ATTORN TO IT AND
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 IT WERE THE
LANDLORD ORIGINALLY NAMED IN THIS LEASE, OR (II) ENTER INTO A NEW LEASE WITH IT
FOR THE REMAINING TERM OF THIS LEASE AND OTHERWISE ON THE SAME TERMS AND
CONDITIONS (INCLUDING, WITHOUT LIMITATION, BASIC ANNUAL RENT AND ADDITIONAL
RENT) AND WITH THE SAME OPTIONS, IF ANY, THEN REMAINING.
THE FOREGOING
PROVISIONS OF CLAUSE (I) OF THIS SECTION 25.02 SHALL INURE TO THE BENEFIT OF AND
BIND SUCH HOLDER OF A SUPERIOR INSTRUMENT, 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 SUCH OPTION AND TO SAID PROVISIONS.
TENANT,
HOWEVER, UPON DEMAND OF ANY SUCH HOLDER OF A SUPERIOR INSTRUMENT, PURCHASER,
ASSIGNEE OR LESSEE AGREES TO EXECUTE, FROM TIME TO TIME, WITHIN SEVEN
(7) BUSINESS DAYS AFTER A REQUEST THEREFOR, INSTRUMENTS IN CONFIRMATION OF THE
FOREGOING PROVISIONS OF THIS SECTION 25.02, SATISFACTORY TO ANY SUCH HOLDER OF A
SUPERIOR INSTRUMENT, PURCHASER, ASSIGNEE OR LESSEE, ACKNOWLEDGING SUCH
ATTORNMENT AND SETTING FORTH THE TERMS AND CONDITIONS OF ITS TENANCY.
25.03
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE
CONTRARY UNDER NO CIRCUMSTANCES SHALL ANY SUCH HOLDER OF A SUPERIOR INSTRUMENT,
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, EXCEPT TO THE EXTENT THE ACT, OMISSION OR DEFAULT CONTINUES
AFTER THE PARTY OBTAINS POSSESSION OF THE PROPERTY; OR
(B)
SUBJECT TO ANY OFFSETS, CLAIMS OR DEFENSES
WHICH TENANT MIGHT HAVE AGAINST ANY PRIOR LANDLORD; OR
(C)
BOUND BY ANY BASIC ANNUAL RENT OR
ADDITIONAL RENT WHICH TENANT MIGHT HAVE PAID TO ANY PRIOR LANDLORD FOR MORE THAN
ONE MONTH IN ADVANCE OR FOR MORE THAN THREE MONTHS IN ADVANCE WHERE SUCH RENT
PAYMENTS ARE PAYABLE AT INTERVALS OF MORE THAN ONE MONTH; OR
62
(D)
BOUND BY ANY MODIFICATION, AMENDMENT OR
ABRIDGMENT OF THE LEASE, OR