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DRAFT <br /> <br /> <br />10 <br />416585v3 SJR MU210-35 <br />Landlord shall be entitled to recover the same from Tenant on each such day. At any time after <br />such termination or Repossession, whether or not Landlord shall have collected any current <br />damages as aforesaid, Landlord shall be entitled to recover from Tenant, and Tenant shall pay to <br />Landlord on demand, as and for liquidated and agreed final damages for Tenant's default, an <br />amount equal to the then present value of the excess of the Rent and other sums or charges <br />reserved under this Lease from the day of such termination or Repossession for what would be <br />the then unexpired term if the same had remained in effect, over the amount of rent Tenant <br />demonstrates that Landlord could in all likelihood actually collect for the Premises for the same <br />period, said present value to be arrived at on the basis of a discount of four percent (4%) per <br />annum. <br /> <br /> In addition to all other remedies of Landlord, Landlord shall be entitled to reimbursement <br />upon demand of all reasonable attorneys fees incurred by Landlord in connection with any Event <br />of Default. <br /> <br /> Landlord shall in no event be considered to be in default of Landlord's obligations <br />hereunder until the expiration of a reasonable time after notice of default from Tenant. <br /> <br /> 16. SUBORDINATION: <br /> <br /> For the purposes of this Section, the term "Mortgage" shall mean at any time, any <br />mortgage of record now or hereafter placed against the Building, any increase, amendment, <br />extension, refinancing or recasting of a Mortgage and, in the case of a sale or lease and leaseback <br />by Landlord of all or any part of the Building, the lease creating the leaseback. For the purposes <br />hereof, a Mortgage shall be deemed to continue in effect after foreclosure thereof until expiration <br />of the period of redemption therefrom. <br /> <br /> This Lease is subject and subordinate to the lien of any Mortgage which may now or <br />hereafter encumber the Building or any development of which the Building is a part. In <br />confirmation of such subordination, Tenant shall, at Landlord's request from time to time, <br />promptly execute any certificate or other document requested by the holder of the Mortgage. <br />Tenant agrees that in the event that any proceedings are brought for the foreclosure of any <br />Mortgage, Tenant shall immediately and automatically attorn to the purchaser at such foreclosure <br />sale, as the landlord under this Lease, and Tenant waives the provisions of any statute or rule of <br />law, now or hereafter in effect, which may give or purport to give Tenant any right to terminate <br />or otherwise adversely affect this Lease or the obligations of Tenant hereunder in the event that <br />any such foreclosure proceeding is prosecuted or completed. Neither the holder of the Mortgage <br />(whether it acquires title by foreclosure or by deed in lieu thereof) nor any purchaser at <br />foreclosure sale shall be liable for any act or omission of Landlord occurring prior to date of <br />acquisition of title, nor subject to any offsets or defenses which Tenant might have against <br />Landlord nor bound by any prepayment by Tenant of more than one month's installment of Rent <br />nor by any modification of this Lease made subsequent to the granting of the Mortgage unless <br />consented to by the holder of the Mortgage. Notwithstanding anything to the contrary in this <br />Section, so long as Tenant is not in default under this Lease, this Lease shall remain in full force <br />and effect and the holder of the Mortgage and any purchaser at foreclosure sale thereof shall not <br />disturb Tenant's possession hereunder.