NYC 9/11 Public Portal Document
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
such mortgage holder or lessor within a reasonable period of time, until a reasonable period for
remedying such act or omission shall have elapsed following the giving of such notice and
following the time when such holder or lessor shall have become entitled under such superior
mortgage or superior lease, as the case may be, to remedy the same (which reasonable period
shall in no event be less than the period to which Landlord would be entitled under this Lease or
otherwise, after similar notice, to effect such remedy), provided such holder or lessor shall with
due diligence give Tenant written notice of intention to, and commence and continue to remedy
(E) If the lessor of a superior lease or the holder of a superior mortgage shall
succeed to the rights of Landlord under this Lease, whether through possession or foreclosure
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NYC-WTC_000170427
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