NYC 9/11 Public Portal Document
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
in interest at the time referred to is sometimes hereinafter referred to as a "lessor". If, in
connection with the obtaining, continuing or renewing of financing, a superior lessor or superior
mortgagee or a prospective superior lessor or prospective superior mortgagee shall request
reasonable modifications of this Lease as a condition of such financing. Tenant will not
unreasonably withhold its consent thereto, provided that such modifications do not materially and
adversely either increase the obligations of Tenant hereunder or affect the rights of Tenant under
this Lease.
(D) In the event of any act or omission of Landlord which would give Tenant the
right, immediately or after lapse of a period of time, to cancel or terminate this Lease, or to claim
a partial or total eviction. Tenant shall not exercise such right (i) until it has given written notice
of such act of omission to the holder of each superior mortgage and the lessor of each superior
Lease whose name and address shall previously have been furnished to Tenant in writing, and (ii)
unless such act or omission shall be one which is not capable of being remedied by Landlord or
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NYC-WTC_000170359
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