NYC 9/11 Public Portal Document
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 bv 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, pricrtcr 7W8
within 180 days following the unconditional execution and delivery of this Lease bv
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 bv 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
F:\CR\LHC\ 4219.1016\NEWLSE.6 61
NYC-WTC_000170000
OCR can misread numbers and units. Confirm readings against the page image before using them.