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1-30-19982:59PM FROM ALTA BUSINESS SVCS 650 349 5862 P. 17 wri~~en notice by Sublessee to Sublessor properly specifying wherein Sublessor has failed to perform any such obligation. This sublease and the obligations of Sublessee hereunder shall not be affected or impaired if Sublessor is unable to fulfill any of its obligations hereunder or is delayed in doing so by reason of strike or labor croubles or other matters beyond the reasonable control of Sublessor. 26. T,F.A.SEHOLD PRIORITY. SU'SO'RDTNATION AND OFFSET. Sublessee covenancs and agrees that upon written request of Sublessor, Sublessee will make, execute, acknowledge and deliver any and all instruments requested by Sublessor which are necessary or proper to effect che subordination of this sublease to any mortgage, deed of trust, indenture, net lease, or other encumbrance and hereby irrevocably appoints Sublessor as Sublessee's attorney-in-fact to make, execute, acknowledge and deliver any such. instruments in the name an don behalf of any sale or other proceeding under the terms of any such first mortgage, deed of ~rust, indenture, nee lease, or other encumbrance such person may elect to continue this sublease in full force and effect, as aforesaid, and Sublessee hereby attorns and agrees to attorn to such person. At any time from time to time, Sublessee agrees upon request in writing from Sublessor to execute, acknowledge and deliver to Sublessor a statement in writing certifying chat this sublease 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) and the dates to which fixed minimum rent., percentage rent and other charges have been paid. It is understood and agreed that any such statement may be relied upon by any prospective purchaser of the fee or any leasehold or the mor~gagee, beneficiary or granters of any security or interest. or any assignee of any thereof, under any mortgage or deed of trust now or hereafter made covering the fee of any leasehold interest in the Premises or the real property covered by this sublease. Failure to deliver such statement shall be conclusive that the sublease is then in full force and effect. and unmodified, that the Sublessor is not in default hereunder, and that noc more than one month's rental has been paid in advance. 27. WAIVER. One or more waivers of any covenant, term or condition of this sublease by either party shall not be construed by the other part as a waiver of a subsequent breach of the same covenant, term or condition. The consent or approval of either party to or of any act by the other party of a nature requiring consent or approval shall not be deemed to waive or render 01/09/98 01/15/98R Ol/22/98R 16 r .-'10. .._0. .-.r