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Section 20.3 Waiver of Liens and Distraint. Landlord hereby waives, releases and relinquishes any and all liens in favor of Landlord and rights of distraint (whether arising by virtue of statute, common law or otherwise) upon Tenant's FF&E and Tenant's trade fixtures, furnishings, signs, equipment, machinery, cash registers, point of sales terminals, inventory and personal property in the Premises. Landlord further agrees not to enforce any lien, levy or attachment on or recourse to any of the foregoing items that are subject to any lien or security interest in favor of any vendor or other supplier under any conditional sale, chattel mortgage or other security arrangement, any consignor, any holder of reserved title or any holder of a security interest, or lender. Although the foregoing shall be self-operative without the necessity for any further instrument or document, Landlord hereby agrees to furnish Tenant or any vendor or other supplier under any conditional sale, chattel mortgage or other security arrangement, any consignor, any holder of reserved title or any holder of a security interest, upon written request from time to time, reasonable waivers of Landlord's liens upon and right to distraint, levy, attachment or recourse with respect thereto and exempting the same from distraint, levy, attachment or recourse. Nothing in this Section 20.3 shall be deemed a waiver by Landlord ofthe right to institute and exercise any available remedy under any summary proceedings for recovering possession of the Premises that provide Tenant with the right to prior notice and hearing. ARTICLE 21 GENERAL PROVISIONS Section 21.1 Subordination. Tenant agrees that, at Landlord's option, this Lease shall be subordinate to the lien of any ground lease or first or second priority mortgage or deed of trust affecting the Premises at any time, provided that the lessor under such ground lease and/or the holders of such mortgage or deed of trust shall acknowledge in writing, that notwithstanding such subordination or the termination of the ground lease or the exercise of the power of sale or the foreclosure of such mortgage or deed of trust or the transfer by deed in lieu of foreclosure, Tenant's interest in the Premises and rights under the Lease shall be recognized and not be disturbed, and upon transfer of the Landlord's interest hereunder by such termination, sale, foreclosure or deed in lieu thereof Tenant will attorn to the transferee and recognize the transferee as the Landlord under this Lease and the transferee will observe and perform the obligations of Landlord hereunder, so long as Tenant is not in default under the terms of this Lease beyond any time permitted to cure such default. The instruments effecting such subordination, non-disturbance and attornment (each, a "Non-Disturbance Agreement") shall be in form and substance satisfactory to Tenant and the lessor under such ground lease and/or the holder of the applicable mortgage or deed of trust, in their respective reasonable judgments. The commencement of Tenant's Work Period and Tenant's obligation to pay rental hereunder are conditioned upon Landlord obtaining Non-Disturbance Agreements from the holders of each and every mortgage, deed of trust, ground lease or other encumbrance affecting the Premises, which is in existence prior to the full execution and delivery of this Lease by both parties. Within thirty (30) days after written request from Landlord, Tenant shall execute any commercially reasonable Non-Disturbance Agreement that may be required by Landlord or Landlord's first or second priority mortgage lender or ground lessor, provided that such agreement shall not in any material 69 CHG02:3091375.v8 . -+~"""'"