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Premises or any part thereof. Lessor may lease to third parties only those portions of <br />the Premises not used or abandoned by the Tenant, if any. In the event Tenant does not <br />use any portion of the Premises for a minimum period of six months, such portion of <br />the Premises shall be deemed abandoned by Tenant. On -going construction occurring in <br />any portion of the Premises shall not be considered abandonment of use by Tenant. All <br />provisions contained in this Lease shall be binding upon and inure to the benefit of any <br />permitted successors and assigns. Sublease or assignment of this Lease by Lessee shall <br />be in the sole and exclusive discretion of Lessor and shall not relieve Lessee of any of <br />its obligations hereunder, Lessor may assign this Lease or the proceeds thereof at any <br />time upon written notice to Lessee. <br />11. Authority Lessor and Tenant each warrant and represent to the other that they <br />have obtained all requisite authority to enter into this Lease and the parties executing <br />this Lease on their behalf have the requisite authority to bind such party. <br />12. Quiet Eqjoyrnentl Subordination Lessor covenants and agrees, provided Tenant <br />performs the terms and conditions of this Lease as and when required (within any <br />applicable cure period), to take all reasonable steps to maintain for the benefit of Tenant <br />the quiet and peaceful possession and enjoyment of the Premises without disturbance by <br />Lessor or any other person claiming title or possession to the Premises or the Building <br />or any part thereof through Lessor. However, Lessee acknowledges that this Lease <br />shall be subordinate to the lien of any present or future mortgage or deed of trust upon <br />Lessor's interest in the Premises. Upon Lessor's request, from time to time, Tenant <br />shall (a) confirm in writing and in recordable form that this lease is subordinate to the <br />lien of any mortgage or deed of trust and (b) execute an instrument making this Lease <br />so subordinate to the lien of any mortgage or deed of trust, in such reasonable form as <br />may be required by the holder of such mortgage or deed of trust; provided, that said <br />instrument shall not impair, diminish or alter any rights, privileges and benefits <br />conferred by this Lease to Tenant or the Premises. <br />If the Premises are encumbered by a mortgage or deed of trust and such mortgage or <br />deed of trust is foreclosed, or if the Premises are sold pursuant to such foreclosure or <br />by reason of a default under said mortgage or deed of trust, then notwithstanding such <br />foreclosure, such sale, or such default at the request of the holder of the mortgage or <br />deed of trust or purchaser at such foreclosure or sale, Tenant shall attorn to the holder <br />of such mortgage or deed of trust or purchaser and execute a new lease for the Premises <br />setting forth all of the provisions of this Lease for the balance of the term, provided that <br />said instrument shall not impair, diminish or alter any rights, privileges and benefits <br />conferred by this Lease to Tenant or the Premises. <br />At any time within ten (10) days after request by Lessor, by written instrument, duly <br />executed and acknowledged, Tenant shall certify to Lessor, any holder of a mortgage or <br />deed of trust, any purchaser, or any other person, specified by Lessor, to the effect (a) <br />whether or not Tenant is in possession of the Premises; (b) whether or not this Lease is <br />unmodified and in fall force and effect (or if there has been modification, that the same <br />is in full force and effect as modified and setting forth such modification); (c) whether <br />F -2 <br />Attachment number 3 \n <br />Page 83 <br />