This office lease form shall be subject and subordinate to all present and future ground leases, overriding leases or underlying leases and/or grants of term of the Land and/or the building or the portion thereof in which the Demised Premises are located. This Section shall be self-operative and no further instrument of subordination shall be required. This form also states that the landlord and the tenant agree to share equally all costs incurred in connection with obtaining any Non-disturbance Agreement from the existing superior lessors or superior mortgagees.
The Missouri Nondisturbance Provision, also known as the Missouri Nondisturbance Clause, is a tenant-friendly legal provision included in lease agreements to protect tenants' rights in the event of a foreclosure or sale of the property they are leasing. This provision ensures that a tenant's lease will not be disrupted or terminated due to any future changes in ownership or defaults on the landlord's mortgage. The Missouri Nondisturbance Provision is particularly beneficial to tenants as it guarantees their right to remain in the leased property, typically under the same terms and conditions, even if the property is foreclosed upon or sold. This provision provides security and stability for tenants, eliminating the uncertainty that often arises during real estate transfers. There are two different types of Missouri Nondisturbance Provisions commonly used, each with its own distinct features: 1. Automatic Nondisturbance Provision: This type of provision is automatically included in lease agreements, ensuring that tenants' rights are protected without the need for further negotiation or legal action. It is a tenant-friendly clause that gives tenants assurance that their lease will remain valid even if the property changes ownership or undergoes foreclosure. 2. Negotiated Nondisturbance Provision: In some cases, the automatic nondisturbance provision may not be present in the original lease agreement. However, tenants have the option to negotiate a separate nondisturbance provision with their landlord to establish similar protections. This negotiated provision typically states that the landlord will obtain nondisturbance agreements from any potential lenders or buyers, ensuring the tenant's lease remains intact. By including a Missouri Nondisturbance Provision in a lease agreement, tenants can have peace of mind knowing that their occupancy rights will be honored even in the face of unforeseen circumstances. This provision helps to maintain stability for tenants, allowing them to continue their businesses or reside in the leased property without disruption caused by changes in property ownership.
