Common use of Existing Leases Clause in Contracts

Existing Leases. Landlord hereby assigns and transfers to Tenant, as of the Commencement Date and for as long as this Lease is in effect, all of its right, title and interest (if any) in and to the existing leases on the Properties which were assigned to Landlord pursuant to the Sale Agreement (the "Existing Leases"), including (without limitation) all rights under the Existing Leases to collect and retain rent due under the Existing Leases and other charges payable by the tenants thereunder with respect to period commencing on or after the Commencement Date. Tenant will continue to have all rights and obligations under such Existing Leases, and such Existing Leases will, for purposes of this Lease, be considered subleases of portions of the respective Property. In the event Landlord's first trust deed beneficiary or mortgagee requires that Landlord attempt to get a subordination and non-disturbance agreement (the "SNDA") from tenants under any of the Existing Leases, Tenant will forward the proposed form of SNDA as Landlord may provide to Tenant to such tenants and request that they execute the same. However, Tenant will be under no obligation to obtain execution of the SNDA by such tenants or to pay any amounts or take other action to obtain the same, other than the forwarding of the required form of SNDA with such request. Tenant agrees to indemnify, defend and hold harmless Landlord and Landlord's Mortgagee from any liabilities, costs, damages, losses and expenses arising from the Existing Leases or any assignment of this Lease or any new sublease entered into by Tenant to the extent such liabilities, costs, damages and expenses have arisen or accrued before, or arise or accrue during, the Term of this Lease.

Existing Leases. Landlord hereby assigns (1) Exhibit “D” annexed hereto lists all of the Existing Leases, including all modifications and transfers to Tenantamendments thereto, in effect as of the Commencement Date date hereof, and for as long as this Lease is in effect, all (2) to Seller’s knowledge there are no unpaid installments of its right, title and interest (if any) in and to leasing or brokerage commissions that are payable by the existing leases on the Properties which were assigned to Landlord pursuant to the Sale Agreement (the "Existing Leases"), including (without limitation) all rights landlord under the Existing Leases or pursuant to collect and retain rent due under the Existing Leases and other charges payable by the tenants thereunder any brokerage agreements, after Closing with respect to period commencing the initial term of Existing Leases (and renewals, extensions or expansions thereof) entered into (or, in the case of renewals, extensions or expansions, exercised) prior to the date hereof, other than as set forth on Exhibit “G” hereto. Seller shall have the right to update the representation and warranty set forth in this Paragraph to reflect Existing Leases entered into, terminated or modified after the Commencement DateEffective Date in accordance with this Agreement, subject to subparagraph (c)(ii) of Paragraph 22 of this Agreement. Tenant will continue Seller shall make available to have Buyer true, correct and complete copies of all rights and obligations under such of the Existing Leases. Except as set forth on Exhibit “D”, and such Existing Leases will, for purposes of this Lease, be considered subleases of portions of the respective Property. In the event Landlord's first trust deed beneficiary or mortgagee requires that Landlord attempt to get Seller has not received nor delivered any written notice asserting a subordination and non-disturbance agreement (the "SNDA") from tenants material default under any of the Existing LeasesLeases which remains uncured. Seller shall have the right to update the representation and warranty set forth in the foregoing sentence; provided, Tenant will forward the proposed form of SNDA as Landlord may provide to Tenant to however, that if any such tenants and request update by Seller renders that they execute the same. However, Tenant will be under no obligation to obtain execution portion of the SNDA by such tenants or representation and warranty in the foregoing sentence relating to pay material defaults on the part of Seller under Existing Leases untrue in any amounts or take other action material respect, the condition set forth in (a) (ii) below shall be deemed unsatisfied, and Buyer shall have the rights described in Paragraph 22(c)(ii) below. Seller has not entered into any brokerage and leasing commission agreements relating to obtain the same, other than the forwarding of the required form of SNDA with such request. Tenant agrees to indemnify, defend and hold harmless Landlord and Landlord's Mortgagee from any liabilities, costs, damages, losses and expenses arising from the Existing Leases or any assignment other than that certain management and leasing agreement with Seller’s Property Manager, a copy of this Lease or any new sublease entered into by Tenant which has been provided to the extent such liabilities, costs, damages and expenses have arisen or accrued before, or arise or accrue during, the Term of this LeaseBuyer.

Existing Leases. Landlord hereby assigns Possession of each Seller’s Respective Premises and transfers Respective Personal Property is to Tenantbe given by such Seller to Buyer at the completion of the Applicable Closing by delivery of the Deed and ▇▇▇▇ of Sale relating thereto, the General Assignment and Assumption Agreement and, as of applicable, the Commencement Date and for Ground Lease Assignment (as long as this Lease is defined in effectSection 14(a)(x)). At the Applicable Closing, all of its right, title and interest (if any) in and to the existing leases on the Properties which were assigned to Landlord pursuant to the Sale Agreement (General Assignment and Assumption Agreement, each Seller shall assign to Buyer the "Existing Leases". During the period from the date hereof through Closing (or earlier termination of this Agreement or default by Buyer hereunder), including (without limitation) all rights under none of the Existing Leases to collect and retain rent due under the Existing Leases and other charges payable by the tenants thereunder with respect to period commencing on or after the Commencement Date. Tenant will continue to have all rights and obligations under such Existing Leases, and such Existing Leases will, Sellers shall enter into new leases for purposes of this Lease, be considered subleases of portions of the respective Property. In Premises now vacant or for portions of the event Landlord's first trust deed beneficiary Premises which may become vacant, or mortgagee requires that Landlord attempt enter into any amendments of any Existing Leases or consent to get a subordination and non-disturbance agreement any renewals, extensions or expansions of Existing Leases (other than those to which the "SNDA") from tenants under any tenant is entitled pursuant to the terms of the Existing Leases) without first submitting (i) all relevant supporting documentation, Tenant will forward as reasonably determined by Buyer and (ii) a term sheet containing the proposed material terms of the lease or lease amendment (including any renewal, extension or expansion as to which the lessor’s consent is required) to Buyer for Buyer’s approval. If Buyer does not disapprove in writing such proposed lease or amendment (or renewal, extension or expansion agreement) as described in the term sheet within five (5) business days of Buyer’s receipt of such term sheet, Buyer shall be deemed to have approved the proposed lease or amendment (or renewal, extension or expansion agreement). Notwithstanding anything to the contrary, Buyer shall have the right to approve the final form of SNDA any such document and provide comments prior to execution thereof. With respect to each Property, all such new leases and modifications approved or deemed approved by Buyer (and renewals, extensions or expansions approved or deemed approved by Buyer or as Landlord may provide to Tenant which the lessor’s consent is not required) and the presently existing leases that are listed on Exhibit “H” hereto with respect to such tenants and request that they execute Property are collectively herein called the same. However, Tenant will be under no obligation to obtain execution of the SNDA by such tenants or to pay any amounts or take other action to obtain the same, other than the forwarding of the required form of SNDA with such request. Tenant agrees to indemnify, defend and hold harmless Landlord and Landlord's Mortgagee from any liabilities, costs, damages, losses and expenses arising from the “Existing Leases or any assignment of this Lease or any new sublease entered into by Tenant to the extent such liabilities, costs, damages and expenses have arisen or accrued before, or arise or accrue during, the Term of this LeaseLeases”.

Existing Leases. Landlord hereby assigns and transfers Property Manager shall not be entitled to Tenant, as of the Commencement Date and for as long as this Lease is in effect, all of its right, title and interest (if any) in and a Leasing Commission with respect to the existing leases on the Properties which were assigned to Landlord pursuant current term of any Lease executed by Owner prior to the Sale Agreement date hereof (the each, an "Existing LeasesLease"), including (without limitation) all rights under whether or not the terms of such Existing Leases to collect and retain rent due under the Existing Leases and other charges payable by Lease have commenced or the tenants thereunder with respect to period commencing on or after the Commencement Date. Tenant will continue to have all rights and obligations under such Lease have commenced to occupy the space; provided, that, subject to the limitations set forth in subparagraph (v) below, Property Manager shall receive a Leasing Commission in connection with (a) any renewal of any Existing LeasesLease (as further provided in this subparagraph), and (b) the expansion of the space presently covered by such Existing Leases willLease (as further provided in this subparagraph), for purposes or (c) an amendment of an Existing Lease that results in additional income to Owner. If at any time during the term of this Agreement, the term of a Lease is renewed or extended pursuant to any option(s) or right(s) contained in the Lease, then, in such event, Owner shall pay a Leasing Commission to Property Manager based on the aggregate Base Rent for the renewal or extension terms(s) and computed at the rates set forth in Exhibit F, except that the additional commission(s) shall be considered subleases of portions calculated at the percentage rate level that would have applied if the renewal or extension period were a part of the respective Propertyinitial term of the Lease. In If at any time during the event Landlord's first trust deed beneficiary term of this Agreement (i) the term of a Lease is renewed or mortgagee requires that Landlord attempt extended not pursuant to get any option(s) or right(s) contained in the Lease; or (ii) a subordination and non-disturbance agreement (the "SNDA"tenant leases other or additional space(s) from tenants under any of Owner; then, in such event, Owner shall pay a Leasing Commission to Property Manager based on the Existing Leases, Tenant will forward aggregate Base Rent for the proposed form of SNDA renewal or extension terms(s) or for such other or additional space(s) and computed at the rates set forth in Exhibit F as Landlord may provide to Tenant to if such tenants and request that they execute renewal or extension were a new Lease for the same. However, Tenant will be under no obligation to obtain execution of the SNDA by such tenants or to pay any amounts or take other action to obtain the same, other than the forwarding of the required form of SNDA with such request. Tenant agrees to indemnify, defend and hold harmless Landlord and Landlord's Mortgagee from any liabilities, costs, damages, losses and expenses arising from the Existing Leases or any assignment of this Lease or any new sublease entered into by Tenant to the extent such liabilities, costs, damages and expenses have arisen or accrued before, or arise or accrue during, the Term of this Leasespace affected thereby.

Existing Leases. Landlord hereby assigns and transfers to Tenant, as Possession of the Commencement Date Premises and the Personal Property is to be given by Seller to Buyer at the completion of closing by delivery of the Deed and the Bill ▇▇ Sale and by assignment of the Existing Leases (as hereinafter defined). Seller shall, prior to closing, submit any proposed lease or amendment to an Existing Lease to Buyer for as long as this Lease is Buyer's approval. If Buyer does not disapprove in effectwriting such a proposed lease within five (5) days of Buyer's receipt of the proposed lease, all of its right, title Buyer shall be deemed to have approved the proposed lease. All such new leases and interest (if any) in and to the presently existing leases listed on the Properties which were assigned to Landlord pursuant to the Sale Agreement (Exhibit "D" hereto are collectively herein called the "Existing Leases"). Seller represents that, including (without limitation) all rights under at the Existing Leases to collect and retain time of closing, Seller shall have accepted no prepayment of rent due under the Existing Leases and other charges payable by the tenants thereunder with respect to period commencing on or after the Commencement Date. Tenant will continue to have all rights and obligations under such Existing Leases, and such Existing Leases will, for purposes of this Lease, be considered subleases of portions of the respective Property. In the event Landlord's first trust deed beneficiary or mortgagee requires that Landlord attempt to get a subordination and non-disturbance agreement (the "SNDA") from tenants under any of the Existing Leases, Tenant will forward Leases (except for the proposed form current month) that Seller shall not have terminated any of SNDA as Landlord may provide to Tenant to such tenants and request that they execute the same. However, Tenant will be under no obligation to obtain execution of the SNDA by such tenants or to pay any amounts or take other action to obtain the same, other than the forwarding of the required form of SNDA with such request. Tenant agrees to indemnify, defend and hold harmless Landlord and Landlord's Mortgagee from any liabilities, costs, damages, losses and expenses arising from the Existing Leases or any assignment by agreement with the tenant (except by reason of this Lease or any new sublease entered into a default by Tenant the tenant thereunder). Buyer acknowledges that prior to the extent such liabilities, costs, damages end of the Inspection Period that Buyer will have examined all copies of the Existing Leases now in effect to determine whether or not the provisions thereof conform to the data set out on Exhibit "D" hereto. The termination of any of the Existing Leases prior to closing by reason of the expiration of its term shall not excuse Buyer from its obligation to complete closing and expenses have arisen or accrued before, or arise or accrue during, to pay the Term of this Leasefull Purchase Price.

Existing Leases. Landlord hereby assigns No later than ten (10) days prior to the end of the Inspection Period, Seller shall deliver to Purchaser a current rent roll of all the Leases (and transfers all oral leases affecting the Property or any portion thereof, if any) (the “Rent Roll”), setting forth the name of the tenant, the space or suite affected, the rent, the term (including any options to Tenantrenew), the security deposit, pet deposits and other deposits, if any, and any special concessions, prepaid rent, options to purchase or rights of first refusal. Seller further represents and warrants to Purchaser that as of the Commencement Date date hereof and for as long as this Lease is in effect, all of its right, title and interest the date of Closing: (if anya) in and to No other parties have any rights of occupancy or possession of the existing leases on the Properties which were assigned to Landlord Property or any portions thereof except pursuant to the Sale Agreement (the "Existing Leases"), including (without limitation) all rights under the Existing Leases to collect and retain rent due under the Existing Leases and other charges payable by as set forth on the tenants thereunder Rent Roll, and no tenant of any portion of the Property has any option to purchase the Property or any portion thereof, nor any rights of first refusal with respect to period commencing on or after the Commencement Date. Tenant will continue to have all rights and obligations under such Existing Leases, and such Existing Leases will, for purposes of this Lease, be considered subleases of portions of the respective Property. In the event Landlord's first trust deed beneficiary or mortgagee requires that Landlord attempt to get a subordination and non-disturbance agreement same. (the "SNDA"b) from tenants Seller has not received any prepaid rent under any of the Existing Leases except the security deposits and prepaid rent as reflected in the Leases and as shown on the Rent Roll, and Seller will not accept advance payment of any rent under any of the Leases other than first and last months’ rent. (c) The copies of the Leases delivered to Purchaser pursuant to Section 5 are true, correct, and complete. There are no modifications, understandings or agreements with respect to the Leases, Tenant except as set forth on the Rent Roll. After the Effective Date hereof and at any time prior to the earlier of a termination of this Agreement or Closing, Seller will forward not modify or renew any of the proposed form Leases or enter into any new lease or occupancy agreement for any Unit or any other portion of SNDA the Property, without the prior written consent of Purchaser, which consent may be granted or withheld in Purchaser’s sole discretion. Notwithstanding the foregoing, in the event Purchaser withholds consent to any modification, renewal or new lease, Seller shall be entitled to a credit at Closing in the amount of the lost rent to Seller under such modification, renewal or new lease (as Landlord may provide applicable) measured from the date such rent would have commenced through the date of Closing, but not to Tenant exceed the rent payable under such modification, renewal or new lease (as applicable) for one month. (d) Other than as set forth on the Rent Roll, all of the Leases are in good standing and without default on the part of Seller as of the date hereof, and shall remain without default on the part of Seller through the date of Closing. Any uncured defaults by tenants under the Leases are reflected on the Rent Roll. Seller shall be solely responsible for all rental commissions due and payable with respect to any Leases of the Units in effect prior to Closing, and shall pay all such tenants and request that they execute rental commissions prior to Closing. (e) Other than as set forth on the Rent Roll, there are no rental commissions due with respect to any of the Leases nor for the renewal of same. However, Tenant . (f) All of the Leases will be assignable at Closing by the Seller without the consent of any other party. (g) To the best of Seller’s knowledge, Seller has complied with all requirements of law regarding the Leases and the handling of tenant security and other deposits under no obligation the Leases, except with respect to obtain execution of the SNDA by such tenants or tenant security deposits relating to pay the Deposit Units (defined below) (without admitting any amounts or take other action noncompliance with regard to obtain security deposits held with respect to the same, other than the forwarding of the required form of SNDA with such requestDeposit Units). Tenant agrees to indemnify, defend and hold harmless Landlord and Landlord's Mortgagee from any liabilities, costs, damages, losses and expenses arising from the Existing Leases or any assignment The provisions of this Lease or any new sublease entered into by Tenant to Section 6 shall survive the extent such liabilities, costs, damages and expenses have arisen or accrued before, or arise or accrue during, the Term of this LeaseClosing.

Existing Leases. Landlord hereby assigns Possession of each Premises, the Personal Property and transfers the Related Materials relating thereto is to Tenantbe given by Sellers to Buyer at the completion of Closing by delivery of an applicable Deed, as ▇▇▇▇ of the Commencement Date Sale and for as long as this Lease is in effectGeneral Assignment and Assumption Agreement. At Closing, all of its right, title and interest (if any) in and to the existing leases on the Properties which were assigned to Landlord pursuant to the Sale Agreement (the "Existing Leases")General Assignment and Assumption Agreement, including (without limitation) all rights under each Seller shall assign the Existing Leases to collect and retain rent due under the Existing Leases and other charges payable by the tenants thereunder in effect as of Closing with respect to period commencing the Seller’s Premises to Buyer, without any representation or warranty whatsoever except as otherwise expressly set forth in Section 10(a)(v) of this Agreement. The existing leases that are listed on or after Exhibit “E” hereto and other leases entered into by Sellers in accordance with this Agreement are collectively herein called the Commencement Date. Tenant will continue to have all rights and obligations under such “Existing Leases, and such Existing Leases will, for purposes ”. The termination or expiration of this Lease, be considered subleases of portions of the respective Property. In the event Landlord's first trust deed beneficiary or mortgagee requires that Landlord attempt to get a subordination and non-disturbance agreement (the "SNDA") from tenants under any of the Existing Leases, Tenant will forward the proposed form of SNDA as Landlord may provide Leases prior to Tenant to such tenants and request that they execute the same. However, Tenant will be under no Closing shall not excuse Buyer from its obligation to obtain execution of the SNDA by such tenants or complete Closing and to pay the full Purchase Price. During the period from the Effective Date through Closing (or earlier termination of this Agreement), each Seller shall continue leasing activities with respect its Property in the ordinary course. Sellers shall indemnify, defend and save Buyer harmless from and against any amounts or take other action and all claims, demands, actions, causes of action, suits, proceedings, damages, liabilities, costs and expenses of every nature whatsoever relating to obtain the same, other than Existing Leases accruing prior to the forwarding of the required form of SNDA with such requestClosing Date. Tenant Buyer agrees to indemnify, defend and hold save Sellers harmless Landlord from and Landlord's Mortgagee from against any liabilitiesand all claims, costsdemands, actions, causes of action, suits, proceedings, damages, losses liabilities, costs and expenses arising from of every nature whatsoever relating to the Existing Leases accruing on or any assignment of this Lease or any new sublease entered into by Tenant to after the extent such liabilities, costs, damages and expenses have arisen or accrued before, or arise or accrue during, the Term of this LeaseClosing Date.

Existing Leases. Landlord hereby assigns and transfers to Tenant, as Possession of the Commencement Date Premises and for as long as this Lease the Personal Property is in effectto be given by Seller to Buyer at the completion of Closing by delivery of the Deed, all B▇▇▇ of its rightSale and General Assignment and Assumption Agreement. At Closing, title and interest (if any) in and to the existing leases on the Properties which were assigned to Landlord pursuant to the Sale Agreement General Assignment and Assumption Agreement, Seller shall assign to Buyer, without any representation or warranty whatsoever (except as otherwise expressly set forth in Paragraph 9 of this Agreement) and without recourse (other than Seller’s liability for any obligations thereunder relating to the "period prior to the date of Closing that Buyer has not assumed at Closing) the Existing Leases". During the period from the expiration of the Inspection Period through Closing (or earlier termination of this Agreement or default by Buyer hereunder), including (without limitation) all rights under the Existing Leases to collect and retain rent due under the Existing Leases and other charges payable by the tenants thereunder with respect to period commencing on or after the Commencement Date. Tenant will continue to have all rights and obligations under such Existing Leases, and such Existing Leases will, Seller shall not enter into new leases for purposes of this Lease, be considered subleases of portions of the respective PropertyPremises now vacant or for portions of the Premises which may become vacant, or enter into any amendments of any Existing Leases or consent to any renewals, extensions or expansions of Existing Leases (other than those to which the tenant is entitled pursuant to the terms of the Existing Lease) without first submitting such a copy of such proposed lease or lease amendment (including any renewal, extension or expansion as to which the lessor’s consent is required) to Buyer for Buyer’s approval, which may not be unreasonably withheld or delayed. In If Buyer does not disapprove in writing such a proposed lease or amendment (or renewal, extension or expansion agreement) within five (5) days of Buyer’s receipt of a copy thereof, Buyer shall be deemed to have approved the event Landlord's first trust deed beneficiary proposed lease or mortgagee requires amendment (or renewal, extension or expansion agreement). All such new leases and modifications approved or deemed approved by Buyer (and renewals, extensions or expansions approved or deemed approved by Buyer or as to which the lessor’s consent is not required) and the presently existing leases that Landlord attempt to get a subordination and non-disturbance agreement are listed on Exhibit “D-1" hereto are collectively herein called the “Existing Leases”. Neither (i) the "SNDA") from tenants under termination of any of the Existing LeasesLeases prior to Closing by reason of the expiration of its term or the default of the tenant thereunder nor (ii) delinquency in the payment of rent (i.e., Tenant will forward a failure to pay which, with notice and the proposed form of SNDA as Landlord may provide opportunity to Tenant to such tenants and request that they execute cure, if any, would constitute a default) by the same. Howevertenant under any Existing Lease, Tenant will be under no shall excuse Buyer from its obligation to obtain execution complete Closing and to pay the full Purchase Price, unless such termination, default, or delinquency under (i) or (ii) relates to tenant(s) whose base rent(s), in the aggregate, equal more than five percent (5%) of the SNDA by such total base rent of all tenants or to pay any amounts or take other action to obtain the same, other than the forwarding of the required form of SNDA with such request. Tenant agrees to indemnify, defend and hold harmless Landlord and Landlord's Mortgagee from any liabilities, costs, damages, losses and expenses arising from under the Existing Leases or any assignment of this Lease or any new sublease entered into by Tenant to the extent such liabilities, costs, damages and expenses have arisen or accrued before, or arise or accrue during, the Term of this LeaseLeases.

Existing Leases. Landlord hereby assigns and transfers to TenantAt Closing, as of the Commencement Date and for as long as this Lease is in effect, all of its right, title and interest (if any) in and to the existing leases on the Properties which were assigned to Landlord pursuant to the Sale Agreement (Assignment and Assumption of Leases in the "form annexed hereto as Exhibit “F”, Seller shall assign to Buyer the Existing Leases"). During the period from the Effective Date through and including the last day of the Inspection Period, including (Seller shall have the right, upon notice to Buyer but without limitation) all rights under the Existing Leases Buyer’s consent or approval, to collect and retain rent due under the Existing Leases and other charges payable by the tenants thereunder with respect to period commencing on or after the Commencement Date. Tenant will continue to have all rights and obligations under such Existing Leases, and such Existing Leases will, enter into new leases for purposes of this Lease, be considered subleases of portions of the respective PropertyPremises which may become vacant, or enter into any amendments of any Existing Leases or consent to any renewals, extensions or expansions of Existing Leases. In During the event Landlord's first trust deed beneficiary period from and including the day immediately following the expiration of the Inspection Period through Closing (or mortgagee requires that Landlord attempt earlier termination of this Agreement or default by Buyer hereunder), Seller shall not enter into new leases for portions of the Premises now vacant or for portions of the Premises which may become vacant, or enter into any amendments of any Existing Leases or consent to get a subordination and non-disturbance agreement any renewals, extensions or expansions of Existing Leases (other than those to which the "SNDA") from tenants under any tenant is entitled pursuant to the terms of the Existing LeasesLease) without first submitting a copy of such proposed lease or lease amendment (including any renewal, Tenant will forward extension or expansion as to which the proposed form of SNDA as Landlord lessor’s consent is required) to Buyer for Buyer’s approval, which may provide to Tenant to such tenants and request that they execute the same. However, Tenant will not be under no obligation to obtain execution of the SNDA by such tenants or to pay any amounts or take other action to obtain the same, other than the forwarding of the required form of SNDA with such request. Tenant agrees to indemnify, defend and hold harmless Landlord and Landlord's Mortgagee from any liabilities, costs, damages, losses and expenses arising from the Existing Leases or any assignment of this Lease or any new sublease entered into by Tenant to the extent such liabilities, costs, damages and expenses have arisen or accrued before, or arise or accrue during, the Term of this Lease.unreasonably withheld or

Existing Leases. Landlord hereby assigns and transfers If Seller intends, prior to TenantClosing, as to enter into new leases for portions of the Commencement Date Premises or to enter amendments of Existing Leases, Seller shall first submit to Buyer for Buyer's approval a term sheet (the "Leasing Term Sheet") identifying the tenant or proposed tenant and setting forth the material economic terms of such transaction. If Buyer does not disapprove such proposed lease transaction by written notice to Seller given within five (5) business days after Buyer's receipt of the Leasing Term Sheet, Buyer shall be deemed to have approved the proposed lease transaction which is the subject of such Leasing Term Sheet. Buyer acknowledges that it has approved the pending lease transactions described on Schedule 7(g) to this Agreement. Notwithstanding the foregoing, Seller shall not be required to obtain Buyer's consent to such amendments as Seller may be required to enter under the terms of an Existing Lease or which Seller may enter to confirm matters for which a tenant under an Existing Lease exercises an option (for example, an amendment to confirm the terms pursuant to which a tenant may lease expansion space following the exercise by such tenant of an expansion option). Seller shall promptly notify Buyer of any such amendments. Seller shall not enter any new lease or amend any Existing Lease, except as long as provided in this Lease is in effect, all of its right, title and interest (if any) in and to the Paragraph. All existing leases listed on the Properties which were assigned Exhibit D to Landlord pursuant to the Sale Agreement (this Agreement, together with lease amendments and new leases entered in accordance with this Paragraph, are collectively called the "Existing Leases")." Without limiting the effect of any other condition to Closing contained in this Agreement, including (without limitation) all rights under the Existing Leases to collect and retain rent due under the Existing Leases and other charges payable by the tenants thereunder with respect to period commencing on or after the Commencement Date. Tenant will continue to have all rights and obligations under such Existing Leases, and such Existing Leases will, for purposes termination of this Lease, be considered subleases of portions of the respective Property. In the event Landlord's first trust deed beneficiary or mortgagee requires that Landlord attempt to get a subordination and non-disturbance agreement (the "SNDA") from tenants under any of the Existing Leases, Tenant will forward Leases prior to Closing by reason of the proposed form expiration of SNDA as Landlord may provide to Tenant to such tenants and request that they execute its term or by reason of the same. However, Tenant will be under no tenant's default or exercise of a termination right shall not excuse Buyer from its obligation to obtain execution complete Closing and to pay the Purchase Price. At Closing, Buyer shall receive a credit on account of the SNDA Purchase Price equal to the amount of any lease termination or similar payment made by such tenants or any tenant to pay any amounts or take other action to obtain Seller between the same, other than the forwarding of the required form of SNDA with such request. Tenant agrees to indemnify, defend and hold harmless Landlord and Landlord's Mortgagee from any liabilities, costs, damages, losses and expenses arising from the Existing Leases or any assignment date of this Lease or any new sublease entered into by Tenant to the extent such liabilities, costs, damages Agreement and expenses have arisen or accrued before, or arise or accrue during, the Term of this LeaseClosing.