If Tenant is not in default hereunder, Landlord shall cause:
(a) Any party holding a mortgage or deed of trust on any portion of the Premises as of the date hereof to execute and deliver to Tenant on or before the Term Commencement Date, a nondisturbance agreement substantially in the form attached hereto as Exhibit E and made a part hereof by reference pursuant to which the holder of such mortgage or deed of trust will agree not to disturb the possession of Tenant under this Lease upon any foreclosure or exercise of power of sale under mortgage or deed of trust, if Tenant is not then in default thereunder, and that the mortgagee, beneficiary or other person claiming under such mortgage or deed of trust will accept the attornment of Tenant thereafter, as long as Tenant is not then in default; and
(b) any party acquiring a mortgage or deed of trust on any portion of the Premises after the date hereof to execute and deliver to Tenant a commercially reasonable nondisturbance agreement substantially in the form attached hereto as Exhibit E and made a part hereof by reference within thirty (30) days of such party's acquiring such mortgage or deed of trust pursuant to which the holder of such mortgage or deed of trust will agree not to disturb the possession of Tenant under this Lease upon any foreclosure or exercise of power of sale under such mortgage or deed of trust, if Tenant is not then in default thereunder, and that the mortgagee, beneficiary or other person claiming under such mortgage or deed of trust will accept the attornment of Tenant thereafter, as long as Tenant is not then in default.
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