Recognition and Attornment. In the event of the termination of the Prime Lease by exercise of any remedy provided for therein, including re-entry, notice, surrender, summary proceedings or other action or proceeding or otherwise, or, in the event the Prime Lease shall terminate or expire for any reason before any of the dates provided in the Sublease for the termination of the initial or renewal terms of the Sublease, and if the Sublease shall, immediately prior to such surrender, termination or expiration, be in full force and effect and Subtenant shall not be in default under the Sublease, then, and in any of said events, Subtenant shall not be made a party in any action or proceeding to remove or evict the Tenant nor shall the Subtenant be evicted or removed or its possession or right of possession be disturbed or in anyway interfered with. In such event: (a) the Sublease shall continue in full force and effect as a direct lease from Landlord to Subtenant under the terms and provisions of the Sublease for the balance of the term thereof remaining, including any extensions therein provided; (b) Landlord shall continue to recognize the estate and rights of Subtenant created under the Sublease; and (c) the terms of the Sublease, and Subtenant’s sub-leasehold estate in the Premises shall not then or thereafter be terminated, disturbed or adversely affected, except in accordance with the terms and provisions of the Sublease. Subtenant shall and hereby agrees to attorn to Landlord under such circumstances.
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Sources: Landlord's Agreement (Inland Western Retail Real Estate Trust Inc), Sublease (Inland Western Retail Real Estate Trust Inc)
Recognition and Attornment. In If MORTGAGEE succeeds to the event interest of LANDLORD in and to the LEASED PREMISES or under the Lease or enters into possession of the termination LEASED PREMISES, except in accordance with the terms of and LANDLORD’s rights under the Prime Lease, the Lease by exercise of any remedy provided for and all terms therein, including re-entryand the rights and privileges of TENANT thereunder, notice, surrender, summary proceedings or other action or proceeding or otherwise, or, in the event the Prime Lease shall terminate or expire for any reason before any of the dates provided in the Sublease for the termination of the initial or renewal terms of the Sublease, and if the Sublease shall, immediately prior to such surrender, termination or expiration, be in full force and effect and Subtenant shall not be in default under the Sublease, then, and in any of said events, Subtenant shall not be made a party in any action or proceeding to remove or evict the Tenant nor shall the Subtenant be evicted or removed or its possession or right of possession be disturbed or in anyway interfered with. In such event: (a) the Sublease shall continue in full force and effect as a direct lease from Landlord and shall not be altered, terminated, diminished, or interfered with by MORTGAGEE, and TENANT and MORTGAGEE shall be bound to Subtenant each other under the terms and provisions all of the Sublease terms, covenants and conditions of the Lease for the balance of the Lease term thereof remaining, (including any extensions therein provided; (b) Landlord shall continue to recognize applicable renewal term), all with the estate same force and rights of Subtenant created effect as if MORTGAGEE were the landlord under the SubleaseLease. In such event, TENANT shall attorn to MORTGAGEE as its landlord, such attornment to be effective and self-operative without the execution of any other instruments on the part of MORTGAGEE or TENANT, immediately upon MORTGAGEE succeeding to the interest of LANDLORD under the Lease; and (c) provided, however, that TENANT shall be under no obligation to pay any rent, additional rent or other charges to MORTGAGEE until TENANT receives written notice from MORTGAGEE that it has succeeded to the terms interest of the SubleaseLANDLORD under the Lease. LANDLORD hereby authorizes and directs TENANT to deliver such payment to MORTGAGEE upon receipt of such written notice. The respective rights and obligations of TENANT and MORTGAGEE upon such attornment, to the extent of the then remaining balance of the term of the Lease (including any applicable renewal term), shall be and Subtenant’s sub-leasehold estate are the same as are then in existence between TENANT and LANDLORD as set forth in the Premises shall not then or thereafter be terminated, disturbed or adversely affected, except in accordance with the terms and provisions of the Sublease. Subtenant shall and hereby agrees to attorn to Landlord under such circumstancesLease.
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