TeleNav 2011 Annual Report Download - page 249

6. To the extent that the Lease shall entitle Tenant to notice of the existence of any mortgage and the identity of any mortgagee or any
ground lessor, this Agreement shall constitute such notice to Tenant with respect to the Security Instrument and Lender.
7. Upon and after the occurrence of a default under the Security Instrument, which is not cured after any applicable notice and/or cure
periods, upon delivery of written notice to Tenant, Lender shall be entitled, but not obligated, to exercise the claims, rights, powers, privileges
and remedies of Landlord under the Lease, and shall be further entitled to the benefits of, and to receive and enforce performance of, all of the
covenants to be performed by Tenant under the Lease as though Lender were named therein as Landlord.
8. Anything herein or in the Lease to the contrary notwithstanding, in the event that a Successor-
Landlord shall acquire title to the
Property or the portion thereof containing the Premises, Successor-Landlord shall have no obligation, nor incur any liability, beyond Successor-
Landlord’s then interest, if any, in the Property (or the proceeds thereof), and Tenant shall look exclusively to such interest, if any, of Successor-
Landlord in the Property (or the proceeds thereof) for the payment and discharge of any obligations imposed upon Successor-
Landlord hereunder
or under the Lease, and Successor-
Landlord is hereby released or relieved of any other liability hereunder and under the Lease. Tenant agrees
that, with respect to any money judgment which may be obtained or secured by Tenant against Successor-
Landlord, Tenant shall look solely to
the estate or interest owned by Successor-
Landlord in the Property (and the proceeds thereof), and Tenant will not collect or attempt to collect
any such judgment out of any other assets of Successor-Landlord.
9. Notwithstanding anything to the contrary in the Lease, Tenant agrees for the benefit of Landlord and Lender that, except as permitted
by, and fully in accordance with, applicable law and/or the Lease, Tenant shall not generate, store, handle, discharge or maintain in. on or about
any portion of the Property, any asbestos, polychlorinated biphenyls, or any other hazardous or toxic materials, wastes and substances which are
defined, determined or identified as such (including, but not limited to, pesticides and petroleum products if they are defined, determined or
identified as such) in any federal, state or local laws, rules or regulations (whether now existing or hereafter enacted or promulgated), or any
judicial or administrative interpretation of any thereof, including any judicial or administrative interpretation of any thereof, including any
judicial or administrative orders or judgments.
10. INTENTIONALLY DELETED.
11. Except as specifically provided in this Agreement, Lender shall not, by virtue of this Agreement, the Security Instrument or any
other instrument to which Lender may be a party, be or become subject to any liability or obligation to Tenant under the Lease or otherwise.
12. (A) Tenant acknowledges and agrees that this Agreement satisfies and complies in all respects with the provisions of Article 18 of
the Lease, and that this Agreement supersedes (but only to the extent inconsistent with) the provisions of such Article and any other provision of
the Lease relating to the priority or subordination of the Lease and the interests or estates created thereby to the Security Instrument.
(B) Tenant agrees to enter into a subordination, non-
disturbance and attornment agreement with any lender which shall succeed
Lender as lender with respect to the Property, or any portion thereof, provided that such agreement is the same in all material respects to this
Agreement; provided, however, that Tenant shall have the right to modify the representations made in Section 15 below to reflect the accuracy of
such matters as of the date of Tenant’s delivery of such subordination, non-disturbance and attornment agreement.
13. (A) Any notice of a default by Landlord under the Lease required or permitted to be given by Tenant to Landlord shall be
simultaneously given also to Lender, and any right to Tenant dependent upon notice shall take effect as against Lender or Successor-
Landlord
only after notice is so given. Performance by Lender shall satisfy any conditions of the Lease requiring performance by Landlord, and Lender
shall have a reasonable time to complete such performance as provided in Paragraph 5 hereof.
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