6.0. EDSR 12-13-1994 - Laserfiche WebLink

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NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Subordination. The Lease and the rights of Tenant in, to, or under the Lease and the Premises, including any provisions in the Lease pertaining to the application of any proceeds of insurance and awards payable by reason of a taking in eminent domain or pursuant to condemnation action, are hereby subjected and subordinated and shall remain in all respects and for all purposes subject, subordinate, and junior to the Mortgage, and to the rights and interest of any holder of the Mortgage. 2 . Purchase Options. Any options or rights contained in the Lease to acquire title to the Premises, including any first rights of refusal, are hereby made subject and subordinate to the rights of Mortgagee under the Mortgage. Any acquisition of title to any part of the Premises by Tenant during the term of the Mortgage shall be made subordinate and subject to the Mortgage. 3 . Tenant to Attorn to Mortgagee. If the interests of Mortgagor shall be transferred to and owned by Mortgagee by reason of foreclosure or other proceedings brought by it in lieu of or pursuant to a foreclosure, or by any other manner, and Mortgagee succeeds to the interest of Mortgagor under the Lease without terminating or extinguishing the Lease, Tenant shall, at the sole option of Mortgagee, be bound to Mortgagee under all of the terms, • covenants, and conditions of the Lease for the balance of the term remaining thereof, with the same force and effect as if Mortgagee were originally the landlord under the Lease. Tenant does hereby attorn to Mortgagee as its landlord, effective and self-operative immediately upon Mortgagee so succeeding to the interest of Mortgagor under the Lease without the execution of any further instruments by any of the parties hereto. The respective rights and obligations of Tenant and Mortgagee upon such attornment, to the extent of the then remaining balance of the term of the Lease, shall be and are the same as now set forth therein. 4 . Mortgagee Not Bound by Certain Acts of Mortgagor. If Mortgagee shall succeed to the interest of the Mortgagor under the Lease, Mortgagee shall not be liable for any act or omission of any prior landlord (including Mortgagor) ; nor subject to any offsets or defenses which Tenant might have against any prior landlord (including Mortgagor) ; nor bound by any rent which Tenant might have prepaid; nor for more than the then current installment of rent; nor bound by any amendment or modification of the Lease made without its consent. In the event of a default by Mortgagor under the Lease or an occurrence that would give rise to an offset against rent or claim against Mortgagor under the Lease, Tenant will use its best efforts to set off such defaults against rents currently due Mortgagor and will give Mortgagee notice of such defaults or occurrence at the address of Mortgagee as set forth • above and will give Mortgagee such time as is reasonably required 2 .