Subtenant Non-Disturbance. .. 33 Section 16.1. Agreement for Non-Disturbance of Subtenants......... 33
Subtenant Non-Disturbance. (a) Landlord, for the benefit of any Subtenant whose Sublease was made in accordance with the applicable provisions of this Article, shall recognize such Subtenant as the direct tenant of Landlord upon the termination of this Lease pursuant to the provisions of Article 24 hereof, provided (i) Subtenant delivers to Landlord a Required Disclosure Statement without any modifications thereto that are not acceptable to Landlord acting in its reasonable discretion, (ii) Tenant has certified to Landlord, at the time the Sublease was executed, that the terms and conditions of such Sublease were negotiated at "arm's-length" transaction and that, to the best of Tenant's belief, the rent and other moneys payable by the Subtenant in accordance with the terms of its Sublease, after taking into account any escalations, renewal rent, credits, offsets or deductions to which such Subtenant may be entitled thereunder and other relevant terms and provisions of the Sublease, represent the then fair rental value of the space demised thereunder, and (iii) at the time of the termination of this Lease (A) no default exists under such Sublease beyond the expiration of any applicable cure period, which at such time would permit the landlord thereunder to terminate the Sublease or to exercise any remedy for dispossession provided for therein, and (B) such Subtenant delivers to Landlord an instrument confirming the agreement of the Subtenant to attorn to Landlord and to recognize Landlord as the Subtenant's landlord under its Sublease, which instrument shall provide that neither Landlord, nor anyone claiming by, through or under Landlord, shall be:
Subtenant Non-Disturbance. Landlord agrees to enter into subordination, non-disturbance and attornment agreements in form and substance reasonably acceptable to Landlord with respect to those premises set forth on Schedule 16.4 attached hereto. In addition, Landlord agrees to enter into subordination, non-disturbance and attornment agreements, in form and substance reasonably acceptable to Landlord, with respect to the leases of such premises, as more particularly set forth and described on described on Schedule 16.4, provided that Landlord approves the terms, conditions, and forms of such leases, and any amendments thereto or modifications thereof, prior to execution thereof, which approval shall not be unreasonably withheld, conditioned or delayed.
