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8.1. SR 03-21-2016
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8.1. SR 03-21-2016
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language of nondisturbance so as to effectuate the provisions of this Section and the protection of <br />the aforesaid rights of Tenant. In addition, Landlord shall cause any Mortgagee currently <br />holding a Mortgage which is superior to this Lease, to agree in writing in a manner reasonably <br />satisfactory to Tenant not to interfere with or disturb Tenant's rights as aforesaid so long as no <br />Event of Default pursuant to which Landlord has rights to terminate this Lease or Tenant's <br />possession of the Premises is continuing. Any subordination agreement or similar instrument, <br />release or document shall also expressly include language whereby such Mortgagee, for itself <br />and its successors and assigns, and for any purchaser at a foreclosure sale under the Mortgage or <br />any transferee who acquires Landlord's interest in the Premises by deed in lieu of foreclosure or <br />otherwise (Mortgagee or such other transferee being termed herein the "New Landlord") <br />covenants that in the event such New Landlord succeeds to Landlord's interest in the Premises <br />provided no Event of Default exists, then this Lease shall continue in full force and effect, and <br />such New Landlord shall recognize this Lease and Tenant's rights hereunder, binding such New <br />Landlord to the performance of Landlord's obligations under this Lease based on occurrences <br />arising from and after the date such New Landlord becomes the Landlord under this Lease, <br />subject, however, to all limitation of the liability of the Landlord under this Lease and Tenant <br />shall attorn to Landlord in accordance with Section 15.2. The lien of any Mortgage shall not <br />cover Tenant's trade fixtures, equipment or other personal property of Tenant located in or on the <br />Premises. At Tenant's request, Landlord agrees to execute and deliver to Tenant's lender, from <br />time to time, a landlord's waiver, in form and substance reasonably acceptable to Landlord, <br />confirming that Landlord claims no lien, on Tenant's trade fixtures, equipment or personal <br />property. <br />15.2 Attornment. If a New Landlord shall succeed to the rights of Landlord under this <br />Lease or to ownership of the Premises, whether through foreclosure, or the delivery of a deed in <br />lieu thereof, then such New Landlord shall be bound by, and shall be deemed to have assumed, <br />all of Landlord's obligations hereunder based upon occurrences arising after said assumption and <br />Tenant shall attorn to and recognize such New Landlord as Tenant's landlord under this Lease. <br />Tenant shall execute and deliver a commercially reasonable instrument that such New Landlord <br />may reasonably request to evidence such attornment. Such New Landlord shall execute and <br />deliver any instrument that Tenant may reasonably request to evidence such assumption, subject <br />to all limitations of the Landlord's liability as set forth in Section 15.1 and elsewhere in this <br />Lease. Subject to the terms of Article 21 hereof, in the event of any other transfer of Landlord's <br />interest hereunder arising after said assumption, upon the written request of the transferee and <br />Landlord, such transferee shall be bound by, and shall be deemed to have assumed, all of <br />Landlord's obligations hereunder, and Tenant shall attorn to and recognize such transferee as <br />Tenant's landlord under this Lease. Tenant shall execute and deliver any instrument that such <br />transferee and Landlord may reasonably request to evidence such attornment. <br />15.3 Landlord Financing Durin.e Term. Tenant hereby consents to the mortgage lien <br />imposed against the Premises pursuant to the Mortgage. With respect to any refinancing of the <br />Mortgage or additional Landlord financing during the Term and any renewal thereof, Landlord <br />shall be free to encumber the Premises; provided that no Landlord financing adversely affects the <br />rights and privileges of Tenant under this Lease, or increases the nature, scope, or amount of any <br />obligations or liabilities (including any contingent liabilities) of Tenant in excess of those <br />existing on the date hereof. Tenant shall have no obligation to amend this Lease to facilitate <br />such financing (except, subject to the proviso in the immediately preceding sentence, to amend <br />26 <br />
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