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pays to Landlord all of Landlord's expenses (including <br /> reasonable attorneys' fees) incidental thereto, and(iv) Holder <br /> pays all Rent accrued as of the date of rejection or <br /> disaffirmance, then Landlord shall execute and deliver a new <br /> lease with Holder or its nominee, purchaser, assignee or <br /> transferee, as the case may be, for the remainder of the Term <br /> with the same terms as are contained herein except for charges <br /> and encumbrances caused or suffered by Tenant. <br /> b) Any new lease entered into pursuant to this <br /> Section 6.4 shall be superior to all rights, liens and interest <br /> intervening between the date of this Lease and the date of such <br /> new lease. Upon the request of the new tenant, Landlord shall <br /> execute and deliver a memorandum of the new lease in <br /> recordable form so that notice of the new lease may be placed of <br /> record by the new tenant. <br /> b) The rights hereunder of Holders shall be <br /> exercisable by such Holders in the order of the priority of lien or <br /> other security interest of their respective Mortgages. <br /> c) At Tenant's expense, upon written request of <br /> Tenant, any Holder, or any prospective Holder, Landlord shall <br /> deliver to them or any of them a separate written instrument <br /> signed and acknowledged by Landlord setting forth and <br /> confirming the provisions of this Section 6.4, and <br /> acknowledging to them or any of them in writing the receipt by <br /> Landlord of any notice or instrument given, sent or delivered to <br /> Landlord pursuant to the provisions of this Section 6.4. <br /> d) When a new lease is entered into such Holder or <br /> (if reasonably approved by Landlord pursuant to the <br /> Development Agreement) its designee (such holder or designee <br /> the "Acquiring Holder," and the Mortgage of such Acquiring <br /> Holder the "Acquiring Holder's Leasehold Mortgage"), the liens <br /> on and estates and other interests in the Development Property <br /> or this Lease of all persons holding directly or indirectly under <br /> or through Tenant (including the Acquiring Holder's Leasehold <br /> Mortgage), other than liens, estates and interests which are <br /> subordinate to the Acquiring Holder's Leasehold Mortgage, <br /> shall immediately and without documentation continue in effect, <br /> attach to the new lease and be reinstated as to each other to the <br /> same extent, and in the same manner, order and priority, as if(i) <br /> the new lease were this Lease, (ii) this Lease had not been <br /> terminated, and(iii)the Acquiring Holder had acquired the <br /> leasehold estate under this Lease by assignment on the date the <br /> term of the new lease commences. Each lien, estate or interest <br /> which could have been extinguished by the foreclosure of the <br /> Acquiring Holder's Leasehold Mortgage shall be deemed to be <br /> subordinate to the Acquiring Holder's Leasehold Mortgage. <br /> e) Notwithstanding any provision of this Section 6.4 <br />