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<br />statement delivered pursuant to this Article 14 shall be in a form approved by and may be relied
<br />upon by any prospective assignee of the City’s or Lessee’s interest in this Lease Agreement or any
<br />mortgagee of the Leasehold Property or any assignee of any mortgage upon the Leasehold
<br />Property.
<br />Section 14.3 Subordination. This Lease Agreement, including without limitation
<br />Lessee’s Right of First Refusal pursuant to Section 11.2 of this Lease Agreement, shall be subject
<br />and subordinate to the terms and conditions of all mortgages which may now or hereafter encumber
<br />the Leasehold Property and to all renewals, modifications, consolidations, replacements and
<br />extensions of such mortgages. In confirmation of such subordination, Lessee shall promptly
<br />execute any certificate of subordination or other such documents which the City or its mortgagees
<br />may request.
<br />Section 14.4 Entire Agreement. This Lease Agreement contains the entire agreement
<br />between the parties, including the Original Lease, and there are no other terms, obligations,
<br />covenants, representations, statements, or conditions, oral or otherwise, of any kind whatsoever.
<br />Any agreement made after the Effective Date of this Lease Agreement shall be ineffective to
<br />change, modify, discharge, or effect an abandonment of this Lease Agreement in whole or in part
<br />unless such agreement is in writing and signed by the party against whom enforcement of the
<br />change, modification, discharge or abandonment is sought.
<br />Section 14.5 Release of the City. If the City sells or otherwise transfers all of its interest
<br />in the Leasehold Property, the City shall, without further action by any party, be released and
<br />discharged from any further obligations or duty under this Lease Agreement, and no claim or
<br />demand upon the City shall thereafter be made by Lessee arising out of any obligation or duty of
<br />the City hereunder. Upon request by the City, Lessee shall execute an attornment agreement with
<br />such transferee in form satisfactory to the City’s transferee.
<br />Section 14.6 Severability. If any term, condition, or provision of this Lease Agreement
<br />or the application of such term, condition, or provision of this Lease Agreement, to any person or
<br />circumstance shall, to any extent, be held to be invalid or unenforceable, the remainder of this
<br />Lease Agreement and the application of such terms, provisions, and conditions to persons or
<br />circumstances other than those as to whom it shall be held invalid or unenforceable shall not be
<br />affected thereby, and this Lease Agreement and all of its terms, provisions, and conditions shall,
<br />in all other respects, continue to be effective and to be complied with to the full extent permitted
<br />by law.
<br />Section 14.7 Headings. The headings incorporated in this Lease Agreement are for
<br />convenience in reference only. They are not a part of this Lease Agreement and do not in any way
<br />limit or add to the terms and provisions of this Lease Agreement.
<br />Section 14.8 No Partnership or Joint Venture. The City and Lessee agree that this Lease
<br />Agreement is not intended to be nor shall it be construed as a joint venture or partnership between
<br />the City and Lessee, nor a loan from the City to Lessee. Nothing contained in this Lease
<br />Agreement, or in any other document or instrument made in connection with this transaction, shall
<br />be deemed or construed to create a partnership, loan, tenancy-in-common, joint tenancy, joint
<br />venture, other common enterprise, or co-ownership by or between the City and Lessee. The City
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