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1 ' ARTICLE 11 MORTGAGE SUBORDINATION ' 11.1 Mortgage Subordination - - Attornment. Upon written request or notice by Landlord, Tenant agrees to subordinate its rights under this Lease to any lien or mortgage and to any and all advances to be made thereunder, and to the interest thereof, provided the mortgagee shall agree in writing not to ' disturb Tenant's interest in the Premises created by this Lease in the event of foreclosure if Tenant is not in default. Tenant also agrees that any such mortgagee may elect to have this Lease remain prior to the lien of its mortgage, and in the event of such election and upon notification by such mortgagee to Tenant to that effect, this Lease shall be deemed prior in lien to said mortgage, whether this Lease is date prior to or ' subsequent to the date of said mortgage. Tenant agrees that, upon the request of Landlord or any mortgagee named in a mortgage, Tenant shall execute and deliver an instrument for such purposes. Upon receipt of the non-disturbance agreement referred to in the first sentence of this Section 11.1, Tenant shall, in the event of ' the sale or assignment of Landlord's interest in the Premises, or in the event of foreclosure under any mortgage covering the Premises, attorn to and recognize such purchaser or mortgagee as landlord under this Lease. ARTICLE 12 MISCELLANEOUS PROVISIONS ' 12.1 Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than the rental herein stipulated shall be deemed to be other than on account of the earliest stipulated rent nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent shall be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent to pursue any other remedy provided for in this Lease or available at law or in equity. 1 J 12.2 Estoppel Certificates. At any time and from time to time, Tenant agrees, upon request in writing from Landlord, to execute, acknowledge and deliver to Landlord, or its successors or assigns or to Landlord's mortgagee or financial institution, a statement in writing in such form and substance satisfactory to Landlord certifying to all or any part of the following information as Landlord shall reasonably request: (i) that this Lease constitutes the entire agreement between Landlord and Tenant and is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications); (ii) the dates to which the Base Rent, Additional Rent and other charges hereunder have been paid; (iii) that Tenant has accepted possession, that the Tenn has commenced, that Tenant is occupying the Premises and that Tenant knows of no default under the Lease by Landlord and that there are no defaults by Tenant; and (iv) the actual commencement date of the Lease and the expiration date of the Lease. In the event that the Tenant fails to provide such statement within fifteen (15) days after Landlord's written request therefor, Tenant does hereby make, constitute and irrevocably appoint Landlord as its attorney-in-fact and in its name, place and stead to do so. 12.3 Waiver - -Divisible Contract. No waiver of any condition or legal right or remedy shall be implied by the failure of Landlord to declare a forfeiture, or for any other reason, and no waiver of any condition or covenant shall be valid unless it shall be in writing signed by Landlord, nor shall the waiver of a breach of any condition be claimed or pleaded to excuse a future breach of the same condition or covenant. References in this Lease to any specific right or remedy shall not preclude Landlord from exercising any other right or from having any other remedy or from maintaining any action to which it may be otherwise entitled either at law or in equity; and for the purpose of any suit by Landlord brought pursuant 13 F-6 Attachment number 1 Page 190 of 286