This excerpt taken from the CA 8-K filed Aug 21, 2006.
(e) the premises demised under the Sublease is not less than 100,000 rentable square feet.
If Lessor is obligated under this Section 16.3 to deliver a Lessor Nondisturbance Agreement with respect to a particular Sublease, then Lessor shall also cause each Mortgagee to execute and deliver its agreement to be bound by the terms of the Lessor Nondisturbance Agreement if such Mortgagee or any purchaser at foreclosure or other successor thereto shall at any time acquire Lessors Interests.
SECTION 16.4. Lessee Reimbursement of Expenses. Lessee shall pay all actual, out-of-pocket third-party costs and expenses (including reasonable attorneys fees and expenses) incurred by Lessor in connection with the request by Lessee for a Lessor Nondisturbance Agreement (but in no event more than $5,000 per Lessor Nondisturbance Agreement, adjusted each September 1 by the percentage change in the Consumer Price Index from September, 2006.