|
a dispute arising under this Lease Agreement, the costs of any such proceeding shall be borne by
<br />the party or parties not prevailing therein.
<br />• 30. SUBORDINATION, NON -DISTURBANCE, ATTORNMENT AND
<br />ESTOPPEL CERTIFICATES:
<br />A. This Lease shall be subject'and subordinate at all times to all ground or
<br />underlying leases which now exist or may hereafter be executed affecting the Building or any
<br />part thereof or the Premises, and to the lien of any mortgages or deeds of trust in any amount or
<br />amounts whatsoever now or hereafter placed on or against the Premises, or on or against Lessor's
<br />interest or estate therein or on or against any ground or underlying lease, without the necessity of
<br />having further instruments on the part of Lessee to effectuate such subordination. Upon request
<br />of Lessor, Lessee will execute any further written instrument necessary to subordinate its rights
<br />hereunder to any such underlying leases or liens. In the event of termination of any such
<br />underlying lease or foreclosure of any such mortgage or deed of trust, Lessee shall, at the option
<br />of the successor in interest to Lessor, be and become Lessee of such successor in interest, and
<br />shall attorn to such successor in interest, and shall, at the request of such successor in interest,
<br />enter into a new lease for the balance of the term hereof then remaining on the same terms and
<br />conditions as are in this Lease contained.
<br />B. Lessee agrees, at any time, and from time to time, upon not less than
<br />fifteen (15) days prior notice by Lessor, to execute, acknowledge and deliver to Lessor, a
<br />statement in writing certifying that this Lease is unmodified and in full force and effect (or if
<br />there have been modifications, that the same is in full force and effect as modified and stating the
<br />• modifications), and the dates to which the Rent, Additional Rent and other charges have been
<br />paid, and stating whether or not to the best knowledge of the signer of such certificate, Lessor is
<br />in default in performance of any covenant, agreement, term, provision or condition contained in
<br />this Lease and, if so, specifying each such default of which the signer may have knowledge, it
<br />being intended that any such statement delivered pursuant hereto may be relied upon by any
<br />prospective purchaser or lessee of the Building or any part thereof, any mortgagee or prospective
<br />mortgagee thereof, or any prospective assignee of any mortgage thereof. Lessee also agrees to
<br />execute and deliver from time to time such estoppel certificates as an institutional lender may
<br />require with respect to this Lease.
<br />31. LIMITATION OF LIABILITY: None of Lessor's officers, shareholders,
<br />principals, directors, employees, partners, or other agents shall have any personal liability with
<br />respect to any provisions of this Lease.
<br />32. SHORT FORM LEASE: Lessee shall not record this Lease or a memorandum
<br />hereof without the prior written consent of Lessor, which shall not be unreasonably withheld.
<br />Upon Lessee's request, Lessor agrees to execute and acknowledge a short form lease in recordable
<br />form, indicating the names and addresses of Lessor and Lessee, a description of the Premises, the
<br />Terni, the commencement and expiration dates, and options for renewal, if any, but omitting Rent
<br />and the other terms of this Lease. Further, upon Lessors request, Lessee agrees to execute and
<br />acknowledge a "termination of lease" in recordable form to be held by Lessor until the expiration
<br />
|