Finance and Administration - Board of Trustees - The University of ...

Finance and Administration Committee - IX. Agreements for Development of the Cherokee Farm Research Park - ActionEXHIBIT “C”TO MASTER GROUND LEASEFORM OF NDAInstrument prepared by andafter recording return to:Robert R. Campbell, Jr., Esq.Waller Lansden Dortch & Davis, LLP511 Union Street, Suite 2700Nashville, TN 372197NON-DISTURBANCE AND RECOGNITION AGREEMENTTHIS NON-DISTURBANCE AND RECOGNITION AGREEMENT (this “Agreement”)is made as of the ___ day of _________, 20__, by and among THE UNIVERSITY OFTENNESSEE (“Ground Lessor”), UNIVERSITY OF TENNESSEE RESEARCHFOUNDATION (“Landlord”), and ___________________________ (“Tenant”).Preliminary StatementsThe following statements are a material part of this Agreement.A. Ground Lessor is the fee simple owner certain real property located in the City ofKnoxville, County of Knox, State of Tennessee, commonly known as “Cherokee Farm,” as moreparticularly described by metes and bounds in Exhibit “A” (the “Land”) attached hereto andincorporated herein by reference.B. Ground Lessor and Landlord entered into that certain Master Ground Lease dated______________, 2012 (the “Ground Lease”), wherein Ground Lessor leased a portion of theLand to Landlord, a memorandum of which is of record with the Knox County, TennesseeRegister of Deeds’ Office as Instrument No. _________.C. Landlord and Tenant entered into that certain Lease (the “Lease”), dated_____________, whereby Landlord leased to Tenant and Tenant leased from Landlord certainpremises, consisting of approximately _______ acres, as more particularly described by metesand bounds in Exhibit “A-1” (the “Premises”).D. The parties hereto now desire to enter into this Agreement so as to clarify theirrights, duties and obligations under the Ground Lease and the Lease and to further provide forvarious contingencies as hereinafter set forth.Agreement:8088569.13 C-1188