Common use of Non-Disturbance Agreement Clause in Contracts

Non-Disturbance Agreement. (a) If Contracting Authority mortgages, charges or otherwise encumbers the Metrolinx Lands, Contracting Authority shall notify Project Co and, at the request of Project Co, provide Project Co with an agreement, in form satisfactory to Project Co, acting reasonably, executed by the mortgagee of the Metrolinx Lands permitting Project Co and the Lenders’ Agent to access and use the Metrolinx Lands under the use and access granted pursuant to this Section 16 and the Lenders’ Direct Agreement, respectively, free from interference from the mortgagee or any person claiming by or through the mortgagee. This Section 16.6 shall not apply in respect of any portion of the Metrolinx Lands used or developed pursuant to Section 16.2(b) if neither the licence granted pursuant to this Section 16 nor the Works pertain to such portion of the Metrolinx Lands.