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.
Houston, Texas Non-disturbance Provision — Tenant Friendly A non-disturbance provision, also known as an attornment agreement, is a crucial component of leases in Houston, Texas that aims to protect tenants' rights and interests in the event of a property's foreclosure or sale. This provision provides assurance to tenants that their lease will remain intact, and they can continue operating their business without disruption or eviction, even if a change in ownership occurs. In Houston, Texas, there are a few different types of non-disturbance provisions that offer various levels of protection and benefits for tenants. These provisions are designed to address specific scenarios and ensure tenant-friendly outcomes. Some common types include: 1. Standard Non-Disturbance Provision: This type of provision is typically included in commercial leases and ensures that the tenant's lease will remain valid and unaffected in the event of a foreclosure or sale. It offers tenants the right to continue occupying the premises and using the leased space according to the terms laid out in the original lease agreement. 2. Priority Non-Disturbance Provision: This provision goes a step further by granting priority rights to the tenant in the event of a foreclosure or sale. It ensures that the tenant's rights supersede any potential claims or actions by the new owner or lenders. This type of provision provides an extra layer of protection to tenants, giving them peace of mind that their lease will be recognized as the primary agreement. 3. Subordination Non-Disturbance Provision: Unlike the priority provision, this type of non-disturbance agreement places the tenant's rights secondary to the new owner or lenders. However, it still offers some level of protection by guaranteeing the tenant's lease remain in effect unless specific conditions, such as non-payment of rent or violation of lease terms, are met. This provision aims to balance the interests of both the new owner and the tenant, offering some level of accommodation for both parties. 4. Exclusive Use Non-Disturbance Provision: This provision is often added to leases when certain tenants have exclusive rights to conduct specific types of businesses or operations within a commercial space. It ensures that these exclusive use rights will be preserved even in the event of a foreclosure or sale, allowing the tenant to continue operating without competition from new owners or tenants. Overall, the different types of non-disturbance provisions available in Houston, Texas offer tenants varying levels of protection and rights in the case of a property's foreclosure or sale. These provisions help maintain stability and continuity for tenants, enabling them to focus on their businesses without concerns about unexpected disruptions or potential eviction. It is vital for both tenants and landlords to understand the implications of these provisions and negotiate terms that align with their respective interests.Houston, Texas Non-disturbance Provision — Tenant Friendly A non-disturbance provision, also known as an attornment agreement, is a crucial component of leases in Houston, Texas that aims to protect tenants' rights and interests in the event of a property's foreclosure or sale. This provision provides assurance to tenants that their lease will remain intact, and they can continue operating their business without disruption or eviction, even if a change in ownership occurs. In Houston, Texas, there are a few different types of non-disturbance provisions that offer various levels of protection and benefits for tenants. These provisions are designed to address specific scenarios and ensure tenant-friendly outcomes. Some common types include: 1. Standard Non-Disturbance Provision: This type of provision is typically included in commercial leases and ensures that the tenant's lease will remain valid and unaffected in the event of a foreclosure or sale. It offers tenants the right to continue occupying the premises and using the leased space according to the terms laid out in the original lease agreement. 2. Priority Non-Disturbance Provision: This provision goes a step further by granting priority rights to the tenant in the event of a foreclosure or sale. It ensures that the tenant's rights supersede any potential claims or actions by the new owner or lenders. This type of provision provides an extra layer of protection to tenants, giving them peace of mind that their lease will be recognized as the primary agreement. 3. Subordination Non-Disturbance Provision: Unlike the priority provision, this type of non-disturbance agreement places the tenant's rights secondary to the new owner or lenders. However, it still offers some level of protection by guaranteeing the tenant's lease remain in effect unless specific conditions, such as non-payment of rent or violation of lease terms, are met. This provision aims to balance the interests of both the new owner and the tenant, offering some level of accommodation for both parties. 4. Exclusive Use Non-Disturbance Provision: This provision is often added to leases when certain tenants have exclusive rights to conduct specific types of businesses or operations within a commercial space. It ensures that these exclusive use rights will be preserved even in the event of a foreclosure or sale, allowing the tenant to continue operating without competition from new owners or tenants. Overall, the different types of non-disturbance provisions available in Houston, Texas offer tenants varying levels of protection and rights in the case of a property's foreclosure or sale. These provisions help maintain stability and continuity for tenants, enabling them to focus on their businesses without concerns about unexpected disruptions or potential eviction. It is vital for both tenants and landlords to understand the implications of these provisions and negotiate terms that align with their respective interests.
