be
construed as precluding Tenant from seeking on its on behalf and expense a
separate award for its relocation and moving expenses, as well as any tenant
alterations, additions or improvements paid for directly by
29
Tenant.
In the event of a partial taking of the Premises which does not result
in a termination of this Lease, Landlord shall to the extent reasonably
practicable restore the Premises and/or the Building to a complete architectural
unit, and the monthly Base Rental and Additional Rental thereafter to be paid
shall be equitably reduced.
28.
SUBORDINATION.
28.01.
EXCEPT AS PROVIDED IN SUBPARAGRAPH 28.03 BELOW, THIS LEASE SHALL BE
SUBJECT AND SUBORDINATE AT ALL TIMES TO (I) ANY AND ALL GROUND OR UNDERLYING
LEASES WHICH ARE NOW IN EFFECT REGARDING THE BUILDING OR ANY PART THEREOF
(COLLECTIVELY OR SINGULARLY, "LANDLORD'S GROUND LEASE'), AND (II) THE LIEN OR
SECURITY TITLE OR INTEREST OF ANY AND ALL THIRD PARTY MORTGAGES AND DEEDS TO
SECURE DEBT IN ANY AMOUNT OR AMOUNTS WHATSOEVER NOW OR HEREAFTER PLACED ON OR
AGAINST THE BUILDING OR MY PART THEREOF OR ON OR AGAINST LANDLORD'S INTEREST OR
ESTATE THEREIN OR ON OR AGAINST ANY OR ALL SUCH GROUND OR UNDERLYING LEASES
(COLLECTIVELY OR SINGULARLY, "LANDLORD'S MORTGAGE"), ALL WITHOUT THE NECESSITY
OF HAVING FURTHER INSTRUMENTS EXECUTED ON THE PART OF TENANT TO EFFECTUATE SUCH
SUBORDINATION.
WITH RESPECT TO THE FOREGOING, LANDLORD REPRESENTS AND WARRANTS
THAT THERE IS CURRENTLY NO LANDLORD'S GROUND LEASE IN EFFECT WITH RESPECT TO THE
BUILDING.
28.02.
WHILE SUBPARAGRAPH 28.01 ABOVE IS SELF-OPERATIVE, AND NO FURTHER
INSTRUMENT OF SUBORDINATION SHALL BE NECESSARY, TENANT SHALL, IN CONFIRMATION OF
SUCH SUBORDINATION, UPON DEMAND, AT ANY TIME OR TIMES, EXECUTE, ACKNOWLEDGE AND
DELIVER TO LANDLORD OR A HOLDER OF LANDLORD'S MORTGAGE ("LANDLORD'S MORTGAGEE")
OR THE LESSOR UNDER LANDLORD'S GROUND LEASE ("LANDLORD'S GROUND LESSOR"), AS
APPLICABLE, A SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT, IN THE
FORM WHICH IS IN EXHIBIT "E" ATTACHED HERETO AND MADE A PART HEREOF BY THIS
REFERENCE.
28.03.
TENANT SHALL, UPON DEMAND, AT ANY TIME OR TIMES, EXECUTE, ACKNOWLEDGE
AND DELIVER TO LANDLORD OR LANDLORD'S MORTGAGEE OR LANDLORD'S GROUND LESSOR, AS
APPLICABLE, WITHOUT EXPENSE, ANY AND ALL REASONABLE INSTRUMENTS THAT MAY BE
NECESSARY TO MAKE THIS LEASE SUPERIOR TO THE LIEN OR SECURITY TITLE OR INTEREST
OF LANDLORD'S MORTGAGE OR TO THE ESTATE OF THE LANDLORD'S GROUND LEASE.
28.04.
IF LANDLORD'S MORTGAGEE OR LANDLORD'S GROUND LESSOR, AS APPLICABLE,
SHALL HEREAFTER SUCCEED TO THE RIGHT OF LANDLORD UNDER THIS LEASE, TENANT SHALL,
AT THE OPTION OF SUCH HOLDER OR LESSOR, ATTORN TO AND RECOGNIZE SUCH SUCCESSOR
AS TENANT'S LANDLORD UNDER THIS LEASE AND SHALL PROMPTLY EXECUTE AND DELIVER ANY
REASONABLE INSTRUMENT THAT MAY BE NECESSARY TO EVIDENCE SUCH ATTORNMENT.
UPON
SUCH ATTORNMENT, THIS LEASE SHALL CONTINUE IN FULL FORCE AND EFFECT AS A DIRECT
LEASE BETWEEN EACH SUCCESSOR LANDLORD AND TENANT, SUBJECT TO ALL OF THE TERMS,
COVENANTS AND CONDITIONS OF THIS LEASE.
28.05.
TENANT AGREES TO EXECUTE ANY DOCUMENTS REQUIRED UNDER THIS PARAGRAPH 28
WITHIN FIFTEEN (15) DAYS AFTER DEMAND.