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					         Attornment Agreement Between Lessor and Sublessee of Lessee

        Attornment Agreement made on the (date), between (Name of Lessor), a
corporation organized and existing under the laws of the state of ______________, with
its principal office located at (street address, city, state, zip code), referred to herein as
Lessor, and (Name of Sublessee), a corporation organized and existing under the laws
of the state of ______________, with its principal office located at (street address, city,
state, zip code), referred to herein as Sublessee.

        Whereas, Lessor is the owner of certain premises located at (street address, city,
state, zip code), hereinafter called the Premises; and

       Whereas, Lessor has leased the Premises, by a certain Lease Agreement dated
(date), hereinafter called the Prime Lease Agreement, to (Name of Lessee), a
corporation organized and existing under the laws of (state), with its principal place of
business located at (street address, city, state, zip code), hereinafter called Lessee; and

       Whereas, the Prime Lease Agreement requires Lessee to erect (description of
building), hereinafter called the Building, on the Premises and contains other terms,
covenants, and conditions; and

      Whereas, a copy of the Prime Lease Agreement is attached to this Agreement as
Exhibit A and made a part of this Agreement; and

        Whereas, Lessee and Sublessee are about to enter into a Sublease of a part of
the Premises, hereinafter called the Sublease Agreement, for a term of (number)
years, unless earlier terminated as provided in the Sublease Agreement, but with the
privilege of renewal for a further term of (number) years; and

       Whereas, Sublease Agreement contains various other covenants and conditions;
and

      Whereas, a copy of the Sublease Agreement is attached to this Agreement as
Exhibit B and made a part of this Agreement; and

       Whereas, the parties to this Agreement are desirous of assuring the possession
of Sublessee of that part of the Building on the terms and conditions described in the
Sublease Agreement for the full balance of the term of the Sublease Agreement
regardless of a termination of the Prime Lease Agreement after substantial completion
of the Building, unless the termination of the Prime Lease Agreement results from
condemnation or other catastrophe; and

       Whereas, the parties to this Agreement are desirous of assuring Sublessee that
its renewal rights under the Sublease Agreement shall not be rendered ineffectual by a
lapse of the rights of renewal contained in the Prime Lease Agreement, subject,
however, to the conditions and limitations more particularly set forth in this Agreement;
       Now, therefore, for and in consideration of the mutual covenants contained in this
Agreement, and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:

1.    Consent of Lessor
      Lessor consents to the subleasing of that part of the Premises described in the
Sublease Agreement.

2.     Continuation of Sublease After Termination of Prime Lease
       If the Prime Lease Agreement terminates after the Building has been
substantially completed and before the expiration of the then current term, unless the
termination results from condemnation or other catastrophe, the Sublease Agreement, if
then in existence, shall continue with the same force and effect as if Lessor and
Sublessee had entered into a Lease Agreement for a term equal to the then unexpired
term of the Sublease Agreement, as of the termination of the Prime Lease Agreement,
containing the same terms, conditions, and covenants as those contained in the
Sublease Agreement, including the rights of renewal.

3.     Termination of Prime Lease Prior to Substantial Completion.
       If the Prime Lease Agreement terminates during the term before substantial
completion of the Building and Lessor shall, within (number) days after such
termination, notify Sublessee that it has elected to and will carry out and perform the
obligations of Lessee under the Prime Lease Agreement as to the completion of the
Building, then the Sublease Agreement shall continue for the balance of the term
mentioned in this Agreement with the same force and effect as if Lessor and Sublessee
had entered into a lease agreement as of the termination of the Prime Lease Agreement
containing the same terms, covenants, and conditions as those contained in the
Sublease Agreement, including the rights of renewal, and for a term equal to the then
unexpired term of the Sublease Agreement.

4.     Definition of Substantial Completion
       For the purposes of Sections 2 and 3 of this Agreement, the Building shall be
deemed to have been substantially completed if the completion can be accomplished at
a cost of not more than $_________________.

5.      Attornment of Sublessee to Lessor
        From and after the termination of the Prime Lease Agreement and if Sublessee's
right of possession shall be preserved:

      A.    The Sublessee will attorn as Tenant to Lessor, and Lessor will accept
      such attornment.

      B.    Lessor will have the same remedies by entry, action, or otherwise for the
      nonperformance of any Agreement contained in the Sublease Agreement for the
      recovery of rent, the doing of any waste, or any cause of forfeiture as Lessee had
      or would have had if the Prime Lease Agreement had not been terminated.
     C.     After the attornment, Sublessee shall have the same remedies against
     Lessor for the breach of any Agreement contained in the Sublease Agreement
     that Sublessee might have had against Lessee if the Prime Lease Agreement
     had not been terminated, provided, however, that Lessor shall not be subject to
     any offsets or defenses that Sublessee might have against Lessee, Lessor shall
     not be liable for any act or omission of Lessee, and Lessor shall not be bound by
     any rent or additional rent that Sublessee might have paid in advance to Lessee.

     D.     Lessor and Sublessee will enter into a Supplemental Agreement
     containing the same terms and conditions as those contained in the Sublease
     Agreement with such changes as may be necessary by reason of the substitution
     of Lessor in the place of Lessee, except that Lessor shall have such reasonable
     time as may be necessary to complete the Building, subject to delays that may
     be caused by strikes, acts of God, and other contingencies beyond the control of
     Lessor.

6.   Failure of Lessee to Renew Prime Lease
     A.     If the rights of renewal given to Sublessee in the Sublease Agreement are
     rendered ineffectual by the failure of Lessee or its successors or assigns to
     exercise the right of renewal given in the Prime Lease Agreement, Sublessee
     may, subject to the conditions and limitations set forth in this Agreement, give
     notice and obtain a lease agreement of the character referred to in this Section.

     B.     If the right of renewal contained in the Prime Lease Agreement is allowed
     to lapse, Sublessee may, within (number) days after the lapse, notify Lessor of
     Sublessee's election to enter into a lease agreement with Lessor. As soon as
     possible, Lessor and Sublessee then will enter into a form of lease agreement
     that Sublessee would have been entitled to obtain from the then holder of
     Lessee's interest in the Prime Lease Agreement if the lapsed right of renewal in
     t
				
DOCUMENT INFO
Description: Attorn means to agree to remain as a tenant of property after the transfer of its ownership. In this form, the parties to the Agreement are desirous of assuring the possession of sublessee of that part of the subleased building on the terms and conditions described in the sublease agreement for the full balance of the term of the sublease agreement regardless of a termination of the prime lease agreement.
PARTNER William Glover
I received my B.B.A. from the University of Mississippi in 1973 and my J.D. from the University of Mississippi School of Law in 1976. I joined the firm of Wells Marble & Hurst in May 1976 as an Associate and became a Partner in 1979. While at Wells, I supervised all major real estate commercial loan transactions as well as major employment law cases. My practice also involved estate administration and general commercial law. I joined the faculty of Belhaven College, in Jackson, MS, in 1996 as Assistant Professor of Business Administration and College Attorney. While at Belhaven I taught Business Law and Business Ethics in the BBA and MBA programs; Judicial Process and Constitutional Law History for Political Science Department); and Sports Law for the Department of Sports Administration. I am now on the staff of US Legal Forms, Inc., and drafts forms, legal digests, and legal summaries. I am a LTC and was Staff Judge Advocate for the Mississippi State Guard from 2004-2008. I now serve as the Commanding Officer of the 220th MP BN at Camp McCain near Grenada, MS. I served on active duty during Hurricanes Dennis (July, 2005), Katrina (August, 2005) and Gustav in 2008. I played football at the University of Mississippi in 1969-1971 under Coach John Vaught. I am the author of the Sports Law Book (For Coaches and Administrators) and the Sports Law Handbook for Coaches and Administrators (with Legal Forms),