Coach 2013 Annual Report Download - page 553

13.02 In confirmation of such subordination, Tenant shall execute and deliver any reasonable instrument that Landlord, a Lessor, or a
Mortgagee or any of its successors in interest shall reasonably request to evidence such subordination, provided that such instrument includes a Non-
Disturbance Agreement or a separate Non-Disturbance Agreement with respect to the applicable Mortgage or Superior Lease and has been delivered to Tenant
and executed by all parties thereto. The leases to which this Lease is, at the time referred to, subordinate pursuant to this Article 13 are herein called “Superior
Leases”, the mortgages to which this Lease is, at the time referred to, subordinate pursuant to this Article 13 are herein called “Mortgages”, the lessor of a
Superior Lease or its successor in interest at the time referred to is herein called a “ Lessor” and the mortgagee under a Mortgage or its successor in interest at the
time referred to is herein called a “Mortgagee”.
13.03 Subject to the terms and conditions of any Non-Disturbance Agreement negotiated and executed by Tenant and any Mortgagee or
Lessor, if at any time prior to the expiration of the Term, any Superior Lease shall terminate or be terminated for any reason or any Mortgagee comes into
possession of the Building Project or the Building or the estate created by any Superior Lease by receiver or otherwise, Tenant agrees, at the election and upon
demand of any owner of the Building Project or the Building, or of the Lessor, or of any Mortgagee in possession of the Building Project or the Building, to
attorn, from time to time, to any such owner, Lessor or Mortgagee or any person acquiring the interest of Landlord hereunder as a result of any such
termination, or as a result of a foreclosure of the Mortgage or the granting of a deed in lieu of foreclosure, upon the then executory terms and conditions of this
Lease, subject to the provisions of Section 13.01, for the remainder of the Term; provided, that such owner, Lessor or Mortgagee, as the case may be, or
receiver caused to be appointed by any of the foregoing, shall then be entitled to possession of the Premises.
13.04 Subject to the terms and conditions of any Non-Disturbance Agreement negotiated and executed by Tenant and any Mortgagee or
Lessor, in the event of any act or omission of Landlord that would give Tenant the right, immediately or after lapse of a period of time, to cancel or terminate
this Lease, or to claim a partial or total eviction, Tenant shall not exercise such right until:
(i) it has given written notice of such act or omission to the Mortgagee of each superior Mortgage and the Lessor of
such Superior Lease whose name and address shall previously have been furnished to Tenant; and
(ii) a reasonable period for remedying such act or omission shall have elapsed following the giving of such notice.
Nothing contained herein shall obligate such Lessor or Mortgagee to remedy such act or omission.
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