TRANSFER.
15.6
TENANT'S FAILURE TO COMPLY.
TENANT'S FAILURE TO
COMPLY
WITH ALL OF THE FOREGOING PROVISIONS AND CONDITIONS OF THIS ARTICLE XV
SHALL, AT LANDLORD'S OPTION, RENDER ANY PURPORTED ASSIGNMENT OR SUBLETTING NULL
AND VOID AND OF NO FORCE AND EFFECT.
ARTICLE XVI
SUBORDINATION, NONDISTURBANCE, NOTICE TO
MORTGAGEE AND ATTORNMENT
16.1
SUBORDINATION BY TENANT.
THIS LEASE AND ALL
RIGHTS OF TENANT THEREIN AND ALL INTEREST OR ESTATE OF TENANT IN THE DEMISED
PREMISES OR ANY PORTION THEREOF SHALL BE SUBJECT AND SUBORDINATE TO THE LIEN OF
ANY MORTGAGE, DEED OF TRUST, SECURITY INSTRUMENT OR OTHER DOCUMENT OF LIKE
NATURE (COLLECTIVELY, "MORTGAGE"), WHICH AT ANY TIME AFTER THE DATE OF THIS
LEASE MAY BE PLACED UPON THE DEMISED PREMISES OR ANY PORTION THEREOF, AND TO
EACH AND EVERY ADVANCE MADE UNDER ANY SUCH MORTGAGE.
TENANT AGREES AT ANY TIME
HEREAFTER, TO EXECUTE AND DELIVER TO LANDLORD ANY INSTRUMENTS, RELEASES OR OTHER
DOCUMENTS THAT MAY BE REASONABLY REQUIRED FOR THE PURPOSE OF SUBJECTING AND
SUBORDINATING THIS LEASE TO THE LIEN OF ANY SUCH MORTGAGE.
IT IS AGREED,
NEVERTHELESS, THAT SO LONG AS TENANT IS NOT IN MATERIAL DEFAULT UNDER THIS LEASE
BEYOND ANY APPLICABLE CURE PERIODS, THAT SUCH SUBORDINATION AGREEMENT OR OTHER
INSTRUMENT, RELEASE OR DOCUMENT SHALL NOT INTERFERE WITH, HINDER OR MOLEST
TENANT'S RIGHT TO QUIET ENJOYMENT UNDER THIS LEASE, SHALL NOT MODIFY THE TERMS
OF THIS LEASE, NOR THE RIGHT OF TENANT TO CONTINUE TO OCCUPY THE DEMISED
PREMISES AND ALL PORTIONS THEREOF, AND TO CONDUCT ITS BUSINESS THEREON IN
ACCORDANCE WITH THE COVENANTS, CONDITIONS, PROVISIONS, TERMS AND AGREEMENTS OF
THIS LEASE.
THE LIEN OF ANY SUCH MORTGAGE SHALL NOT COVER TENANT'S TRADE
FIXTURES OR OTHER PERSONAL PROPERTY LOCATED IN OR ON THE DEMISED PREMISES.
LANDLORD SHALL DELIVER TO TENANT A COMMERCIALLY REASONABLY NONDISTURBANCE
AGREEMENT EXECUTED BY ALL LENDERS HAVING A LIEN ON THE DEMISED PREMISES WITHIN
THIRTY (30) DAYS AFTER THE DATE OF THIS LEASE AS A CONDITION PRECEDENT IN
TENANT'S FAVOR, AND FROM EACH FUTURE LENDER AS A CONDITION TO TENANT'S
SUBORDINATION OR ATTORNMENT HEREUNDER.
16.2
LANDLORD'S DEFAULT.
IN THE EVENT OF ANY ACT OR
OMISSION OF LANDLORD CONSTITUTING A DEFAULT BY LANDLORD, OTHER THAN LANDLORD'S
FAILURE TO HAVE THE IMPROVEMENTS SUBSTANTIALLY COMPLETED ON A TIMELY BASIS AS
PROVIDED IN ARTICLE II AND TO MAKE THE SAME FULLY AVAILABLE TO TENANT AS THEREIN
PROVIDED, TENANT SHALL NOT EXERCISE ANY REMEDY UNTIL TENANT HAS GIVEN LANDLORD
AND ANY MORTGAGEE WHOSE NAME AND ADDRESS HAVE BEEN PREVIOUSLY PROVIDED TO TENANT
PRIOR WRITTEN NOTICE OF SUCH ACT OR OMISSION AND UNTIL A 30-DAY PERIOD OF TIME
TO ALLOW LANDLORD OR THE MORTGAGEE TO REMEDY SUCH ACT OR OMISSION SHALL HAVE
ELAPSED FOLLOWING THE GIVING OF SUCH NOTICE; PROVIDED, HOWEVER,
IF SUCH ACT OR
OMISSION CANNOT WITH DUE DILIGENCE AND IN GOOD FAITH BE REMEDIED WITHIN SUCH
30-DAY PERIOD, LANDLORD AND/OR MORTGAGEE SHALL BE ALLOWED SUCH FURTHER PERIOD OF
TIME AS MAY BE REASONABLY NECESSARY PROVIDED THAT IT SHALL HAVE COMMENCED
REMEDYING THE SAME WITH DUE DILIGENCE AND IN GOOD FAITH WITHIN