2019-353 AMS - PNC Bank Hillsborough Commons SNDAA

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BK 6621 PG 2239 DOC# 30005136 4. Remedies. Upon and after the occurrence of a default under the Mortgage, the Mortgagee shall be entitled, but not obligated, to exercise the claims, rights, powers, privileges and remedies of the 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 the Tenant under the Lease as though the Mortgagee were named therein as Landlord and the Tenant shall be entitled,but not obligated,to exercise its claims, rights, powers, privileges and remedies 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 the Landlord under the Lease as though the Mortgagee were named therein as Landlord. 10. Confirmation of Lease Status. The Landlord and the Tenant hereby agree that, upon the Mortgagee's request, they shall from time to time execute and deliver to the Mortgagee, and without charge to the Mortgagee, an estoppel certificate setting forth whatever information the Mortgagee may reasonably require to confirm the current status of the Lease including,without limitation, a confirmation that the Lease is and remains in full force and effect. 11. Notices. All notices, demands, requests, consents, approvals and other communications required or permitted hereunder must be in writing and will be effective upon receipt. Such notices and other communications may be hand-delivered, sent by facsimile transmission with confirmation of delivery and a copy sent by first-class mail, or sent by nationally recognized overnight courier service, to a party's address set forth above with confirmation of delivery or to such other address as any party may give to the other in writing for such purpose. 12. Changes in Writing. No modification,amendment or waiver of,or consent to any departure from,any provision of this Agreement nor consent to any departure by the Landlord or Tenant therefrom will be effective unless made in a writing signed by the Mortgagee, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on the Landlord or Tenant in any case will entitle the Landlord or Tenant to any other or further notice or demand in the same,similar or other circumstance. 13. Termination of Agreement. This Agreement shall automatically terminate upon the release or termination of the lien of the Loan Documents (and all renewals, modifications, extensions, consolidations and replacements thereof)upon the Property. 14. Entire_Agreement. This Agreement constitutes the entire agreement and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof. 15. Counterparts. This Agreement may be signed in any number of counterpart copies and by the parties hereto on separate counterparts, but all such copies shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page to this Agreement by facsimile transmission shall be effective as delivery of a manually executed counterpart. Any party so executing this Agreement by facsimile transmission shall promptly deliver a manually executed counterpart, provided that any failure to do so shall not affect the validity of the counterpart executed by facsimile transmission. 16. Definitions. As used in this Agreement, the word "Tenant" shall mean the Tenant and/or the subsequent holder of an interest under the Lease, provided the interest of such holder is acquired in accordance with the terms and provisions of the Lease;the word"Mortgagee"shall mean the Mortgagee or any subsequent holder or holders of the Mortgage and the Assignment, and any nominees and designees thereof;and the word"Foreclosure Purchaser"shall mean any party other than the Mortgagee A-5 Form 12F---Rev.4/30/18