Coach 2013 Annual Report Download - page 250

EXHIBIT D
SUBORDINATION, NONDISTURBANCE
AND ATTORNMENT AGREEMENT
This Subordination, Nondisturbance and Attornment Agreement (this "Agreement") is made effective as of the day of
, 20 , by and between the Board of Managers of Tower C Condominium (the "Board"), having its office at
, New York, New York 100 , and [Insert name of a Tenant],
[Insert type of entity], having an office at , ("Tenant").
WITNESSETH:
WHEREAS, [Insert name of applicable Unit Owner] ("Lessor") is the owner of the
Unit [Insert name of applicable Unit] (the "Unit") as defined in that certain Declaration of Condominium dated as of
, 2013 (together with the By-Laws (and all exhibits) annexed thereto, as the same may be amended from time to time in accordance
with their terms, the "Condominium Documents");
WHEREAS, pursuant to that certain lease dated as of between Lessor and Tenant (such lease,
as the same may be assigned, amended or restated from time to time, the "Lease"), Lessor leased to Tenant that portion of the Unit as more particularly
described in the Lease (the "Leased Premises");
WHEREAS, the Lease provides that Tenant shall subordinate the Lease to the Condominium Documents, subject to certain terms and
conditions stated in the Lease; and
WHEREAS, as a condition of such subordination the Board has agreed to provide for the non-disturbance of Tenant by the Board, and
to provide for the recognition by the Board of the Lease, including all benefits, rights and conditions that Tenant enjoys under the Lease;
NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreements herein contained, the parties hereto
agree as follows:
1. Tenant covenants and agrees that the Lease and the rights of Tenant thereunder are and shall be at all times subject and
subordinate in all respects to the Condominium Documents, including, without limitation, the Board's lien on the Unit for Common Charges (as defined in
the By-Laws), subject, however, to the provisions of this Agreement.
2. The Board agrees that so long as: no default exists under the Lease which would permit Landlord to tellninate the Lease or
exercise any dispossess remedy provided for in the Lease and the Lease is otherwise in full force and effect, Tenant's (or, with respect to any person or entity
claiming through or under Tenant, such person or entity's) rights thereunder (including without limitation Tenant's (or such person or entity's) right of
possession, use and quiet enjoyment of the Leased Premises or any party thereof, and any extension or renewal period thereof which may be exercised in
accordance with any option afforded in the Lease to Tenant); shall not be terminated, altered, disturbed or extinguished by any action of the Board, or any
New Owner (as hereinafter defined), including without limitation, by any suit, action or proceeding for the foreclosure of the Unit, the Leased Premises or
otherwise for the enforcement of the Board's rights or remedies under the Condominium Documents. Notwithstanding anything to the contrary contained in
this Agreement, the Board and any New Owner upon becoming the owner of the Unit shall have the right to pursue all rights and remedies set forth under
the Lease for any default by Tenant under the Lease beyond any applicable notice and grace period.
Exhibit D-1