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Additional Provisions For Office Lease
1. No Subordination Clause Mortgages. This Lease will not be subject or subordinate to any mortgage, unless Landlord obtains from the holder of such mortgage an agreement that as long as Tenant is not in default under this Lease, Tenant's possession will not be disturbed by any action to foreclose such mortgage or any sale on foreclosure. An executed counterpart of such agreement must be delivered to Tenant.
2. No Subordination Clause Ground Leases. This Lease will not be subject or subordinate to any underlying lease, unless Landlord obtains from Lessor under any such lease an agreement that as long as Tenant is not in default under this Lease, Tenant's Lease and possession will not be disturbed by the termination of such underlying Lease. An executed counterpart of such agreement(s) must be delivered to Tenant.
3. Nondisturbance Agreement. Landlord represents and warrants that:
a. Landlord is the fee owner of the premises;
b. There are no underlying leases affecting the premises;
c. The only mortgage affecting the premises is: [description]; and
d. There is no default existing under the above mortgage.
Promptly after the execution of this Lease by Landlord, Landlord will deliver to Tenant an agreement from the holder of such mortgage.
4. Damage to Premises-Tenant's Right to Terminate. If any of the following are damaged by fire or other cause, and if such damage cannot be repaired within [number] days after such fire or other cause, Tenant may terminate this Lease by written notice to Landlord to be given within [number] days after such fire or other cause:
a. 25 percent or more of the floor area of the leased premises
b. Material damage to the lobby or other public areas of the Building
c. Heating, electrical, or plumbing systems
This Lease will expire on the date set forth in Tenant's notice previously mentioned as if that were the expiration date stated in this Lease.
If Tenant does not terminate the Lease as provided in this Paragraph, Landlord will perform all repairs expeditiously, and the rent will be apportioned as provided in Paragraph ----------.
5. Government Acquisition or Condemnation.
a. Substantially All of the Premises. If all or substantially all of the premises are acquired or condemned by any governmental authority, Tenant may claim the following:
i. The cost of Tenant's fixtures and equipment taken
ii. The unamortized cost of any installations or work made by Tenant in or at the premises
iii. The cost of relocating Tenant's offices
b. Less Than Substantial Part of Premises--Continuation of Lease. If less than a substantial part of the premises is acquired or condemned by any governmental authority, and if Tenant determines that the rest of the premises is sufficient to conduct Tenant's business, the entire award will be payable to Landlord (except for Tenant's fixtures and equipment taken). Landlord shall at Landlord's sole cost restore the premises as nearly as possible to the condition existing before the taking. As of the date of vesting of title in the governmental authority, the basic rent and all additional rents payable under this Lease will be proportionately reduced to an amount equal to such rents multiplied by a fraction equal to the square footage in the premises after the taking divided by the square footage in the premises before the taking.
c. Less Than Substantial Part of Premises Termination Option. If less than a substantial part of the premises is taken by eminent domain, and Tenant reasonably determines that the remainder of the premises is not sufficient to conduct Tenant's business, Tenant may terminate this Lease via [number] days' written notice to Landlord. Such notice must be given within [number] days after the vesting of title in the governmental authority. On the date set forth in Tenant's notice, this Lease will expire as if such date were the expiration date contained in this Lease.
6. Repairs by Landlord. Landlord will not perform any work in or at the premises, including repairs, during Tenant's business hours, except in the event of an emergency. In performing any work or repairs, Landlord will not unreasonably interfere with Tenant's business.
7. Excuse for Tenant's Default. Tenant will not be in default of the provisions of this Lease (except for its obligation to pay rent)
a. Tenant is diligently attempting to remedy such default; or
b. Tenant is prevented or delayed from performing the terms of this Lease by strikes, governmental restrictions, or any other cause beyond Tenant's control.
8. Requirements of Law. Tenant will not be required to comply with any legal requirement of any public authority to which the Building is subject. In addition, Tenant will not have to pay for any changes to the premises made to comply with changes in the legal requirements to which the Building is subject.
9. Landlord's Consents Not to Be Unreasonably Withheld. Landlord agrees that Landlord will not unreasonably withhold or delay Landlord's consent whenever such consent is required under this Lease. If Landlord does not refuse, in writing, to grant Landlord's consent within [number] days after receipt of Tenant's request for consent, such consent will be deemed granted by Landlord.
10. Building Directory Listing. At Tenant's request, Landlord will include the name of Tenant on the building directory, as well as the names of any other person or corporation occupying the premises as permitted under this Lease.
Landlord will also list the names of the officers or employees of Tenant, or other permissible occupants as provided in this Lease, provided that the number of names requested to be listed is not greater than [number].
If a name other than that of Tenant is listed on the building directory, or posted on the doors of the premises, this will not be deemed to constitute the written consent of Landlord to an assignment, subletting, or occupancy under Paragraph ----------, nor will this grant any right in or under this Lease.
Any listing under this Paragraph is revocable at will by Landlord, upon written notice to Tenant.