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foreclosure proceeding brought under such mortgage or deed of trust or termination of such ground or underlying lease (as applicable), provided an Event of Default has not occurred and is continuing under this Lease (either, an "SNDA"). As of the Commencement Date, each of Landlord, Landlord's Lender, and Tenants shall execute and deliver to each other a subordination, non-disturbance and attornment agreement in the form previously agreed to among Landlord, Tenants and Landlord's Lender; provided, however, that the parties hereto agree that all subsequent SNDAs shall be on the form attached hereto as Exhibit B. Tenants shall, and shall use commercially reasonable efforts to cause any subtenants, from time to time, within twenty (20) days after any request by Landlord, to execute and deliver such other instruments or assurances as Landlord may reasonably deem necessary to evidence or confirm the subordination or superiority of this Lease (at Landlord's election) to any such mortgages, trust deeds, ground or underlying leases (including, at Landlord's election, one or more additional SNDAs requested by Landlord's Lender). Section 23.02 Notwithstanding Section 22.01, but subject to the terms of this Article 23, Landlord agrees that Tenants shall have the right to encumber, collaterally assign, pledge or hypothecate Tenants' interest in the leasehold estate created by this Lease. All proceeds from any Leasehold Mortgage shall remain the property of Tenants. Landlord shall not be obligated to subordinate any or all of Landlord's right, title or interest in and to the Demised Property or this Lease to the lien of any Leasehold Mortgage. A Leasehold Mortgage shall encumber only Tenants' leasehold interest in the Demised Property and shall not encumber Landlord's right, title or interest in the Demised Property. Landlord shall have no liability whatsoever for the payment or performance of any obligation secured by any Leasehold Mortgage or related obligations. A Leasehold Mortgage shall be, and hereafter shall continue at all times to be, subject to each and all of the covenants, conditions and restrictions set forth in this Lease, and junior, subject and subordinate, in each and every respect, to all rights and interests of any Landlord's Mortgagee now or hereafter affecting the Demised Property, subject to and in accordance with the provisions of the SNDA. Should there be any conflict between the provisions of this Lease and the provisions of any Leasehold Mortgage, the provisions of this Lease shall control. No Leasehold Mortgage shall be for a term longer than the Original Lease Term. Upon written request from Tenants, Landlord agrees to deliver an estoppel certificate and agreement in favor of Tenants' Lender regarding this Lease, in the form attached hereto as Exhibit B-1, or such other form in substance reasonably acceptable to Landlord and Tenants' Lender containing the provisions of Exhibit B-1 and/or such other provisions as may be reasonably requested by Tenants' Lender. Tenants hereby acknowledges and agrees (a) that it is Landlord's intent to pledge the Demised Property to Landlord's Lender on or about the Commencement Date, (b) that any instruments effecting or evidencing such pledge shall at all times be prior in interest to any Leasehold Mortgage subject to and in accordance with the provisions of the SNDA, and (c) if requested by Landlord's Lender, Tenants shall cause Tenants' Lender to enter into an agreement in form and substance reasonably acceptable to Landlord's Lender confirming that Tenants' Lender has no interest in the Demised Property other than in Tenants' interest under this Lease and that any Leasehold Mortgage is subject and subordinate to any such instruments effecting or evidencing such pledge. In addition, in the event that any Landlord's Lender requires that the Leasehold Mortgage be terminated of record and re-recorded 26