NYC 9/11 Public Portal Document
ARTICLE 18
ACCESS BY DISABLED PERSONS
Landlord represents that the premises demised herein are suitable for access by disabled
persons.
ARTICLE 19
SUBO^Di^ON AND NON-DISTURBANCE
(A) This Lease shall be subject and subordinate to ail existing mortgages of record or
future mortgages from a reputable lender or lending institution which may affect the real property
of which the Demised Premises form a part, provided, and as a condition precedent to the
subordination of this Lease to any of said mortgages, the mortgagee shall execute and deliver to
Tenant an agreement in recordable form and in the form reasonably acceptable to Tenant whereby
said mortgagee agrees that should it become necessary to foreclose such mortgage or should the
mortgagee otherwise come into possession of the premises, such mortgagee will not join Tenant
under this Lease in foreclosure (unless required by law) or summary proceedings and will not
disturb the use and occupancy of Tenant under this Lease so long as Tenant is not in default under
any of the terms, covenants and conditions of this Lease.
(B) Notwithstanding anything to the contrary in the foregoing Subparagraph A.,
Landlord agrees, at its sole cost and expense, to deliver to Tenant, within 180 days following the
unconditional execution and delivery of this Lease by Landlord and Tenant, a fully negotiated and
executed Subordination, Nondisturbance and Attornment Agreement, signed by. Landlord (if
required) and Landlord’s current mortgagees meeting the requirements of Subparagraph (A)
above. If required by any mortgagee. Tenant will execute said Agreement prior to execution by
the mortgagee.
(C) This Lease, and all rights of Tenant hereunder, are and shall be subject and
subordinate in all respects to the Underlying Lease, all ground leases, overriding leases and
underlying leases of the Land and/or the Building now or hereafter existing and to all mortgages
which may now or hereafter affect the Land and/or the Building and/or any of such leases,
whether or not such mortgages shall also cover other lands and/or buildings, to each and every
advance made or hereafter to be made under such mortgages, and to all renewals, modifications,
replacements and extensions of such leases and such mortgages and spreaders and consolidations
of such mortgages. This Section shall be self-operative and no further instrument of
subordination shall be required. In confirmation of such subordination. Tenant shall promptly
execute and deliver any instrument that Landlord, the lessor of any such lease or the holder of
any such mortgage or any of their respective successors in interest may request to evidence
subordination. The leases to which this Lease is, at the time referred to, subject and subordinate
pursuant to this Article are hereinafter sometimes referred to as "superior leases" and the
mortgages to which this Lease is, at the time referred to, subject and subordinate are hereinafter
sometimes referred to as "superior mortgages" and the lessor of a superior lease or its successor
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