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Landlord shall in no event be considered to be in default of Landlord's obligations hereunder <br /> until the expiration of a reasonable time after notice of default from Tenant. <br /> 16. SUBORDINATION: <br /> For the purposes of this Section,the term "Mortgage" shall mean at any time,any mortgage <br /> of record now or hereafter placed against the Building, any increase, amendment, extension, <br /> refinancing or recasting of a Mortgage and, in the case of a sale or lease and leaseback by Landlord <br /> of all or any part of the Building, the lease creating the leaseback. For the purposes hereof, a <br /> Mortgage shall be deemed to continue in effect after foreclosure thereof until expiration of the period <br /> of redemption therefrom. <br /> This Lease is subject and subordinate to the lien of any Mortgage which may now or hereafter <br /> encumber the Building or any development of which the Building is a part. In confirmation of such <br /> subordination,Tenant shall,at Landlord's request from time to time,promptly execute any certificate <br /> or other document requested by the holder of the Mortgage. Tenant agrees that in the event that any <br /> proceedings are brought for the foreclosure of any Mortgage, Tenant shall immediately and <br /> automatically attorn to the purchaser at such foreclosure sale, as the landlord under this Lease, and <br /> Tenant waives the provisions of any statute or rule of law,now or hereafter in effect,which may give <br /> or purport to give Tenant any right to terminate or otherwise adversely affect this Lease or the <br /> obligations of Tenant hereunder in the event that any such foreclosure proceeding is prosecuted or <br /> completed. Neither the holder of the Mortgage(whether it acquires title by foreclosure or by deed in <br /> lieu thereof)nor any purchaser at foreclosure sale shall be liable for any act or omission of Landlord <br /> occurring prior to date of acquisition of title, nor subject to any offsets or defenses which Tenant <br /> might have against Landlord nor bound by any prepayment by Tenant of more than one month's <br /> installment of Rent nor by any modification of this Lease made subsequent to the granting of the <br /> Mortgage unless consented to by the holder of the Mortgage. Notwithstanding anything to the <br /> contrary in this Section,so long as Tenant is not in default under this Lease,this Lease shall remain <br /> in full force and effect and the holder of the Mortgage and any purchaser at foreclosure sale thereof <br /> shall not disturb Tenant's possession hereunder. <br /> 17. SALE OR MORTGAGE OF THE BUILDING: <br /> In the event of a sale of the Building, Landlord shall be relieved of all liability under this <br /> Lease accruing from and after the date of sale provided Landlord has obtained the written agreement <br /> of its transferee or assignee to assume and carry out all of the covenants and obligations of the <br /> Landlord hereunder. <br /> The Tenant agrees at any time and from time to time,upon not less than ten days prior written <br /> request by Landlord, to execute, acknowledge and deliver to Landlord a statement in writing <br /> certifying that the Lease is not modified(or modified, stating the modification)that the Lease is in <br /> full force and affect,stating the dates to which the Rent has been paid in advance and stating whether <br /> the Landlord is in default hereunder. It is intended that any such statement may be relied upon by <br /> any prospective purchaser of the fee or mortgagee or assignee of any mortgage upon the Building or <br /> real estate. <br /> 9 <br /> 416585v5 SJR MU210-35 <br />