Accommodatees’ Protections Sample Clauses
Accommodatees’ Protections. Tenant hereby agrees and acknowledges for the benefit of each Accommodatee that, in the event Landlord fails to cure a default by Landlord under this Section 13 or any other default by Landlord that would permit Tenant to terminate any of Landlord’s rights under this Section 13 (a “Section 13 Default”) within the applicable cure period, Tenant shall provide each Accommodatee written notice (an “Expiration Notice”) that such Section 13 Default has not been cured within the applicable cure period (an “Uncured Default”). Tenant shall not terminate any right of Landlord under this Section 13, if within fifteen (15) days of Expiration Notice, the Accommodatees:
(i) Select and authorize in writing an agent to be the sole arid exclusive point of contact with Tenant for the purpose of curing the Section 13 Default (the “Section 13 Default Agent”); and
(ii) Affect a total cure of the Section 13 Default through the Section 13 Default Agent. Tenant shall accept performance by the Section 13 Default Agent of any covenant, condition or agreement on Landlord’s part to be performed under Section 13 hereunder with the same force and effect as though performed by Landlord. Tenant shall not be required to accept performance of any covenant, condition, or agreement, made on behalf of Landlord by any person other than the duly authorized Section 13 Default Agent. If a Section 13 Default is cured timely by the Section 13 Default Agent, Tenant shall have no further responsibility to the Accommodatees directly, except in the event of an additional Section 13 Default by Landlord. In the event there are greater than two Uncured Defaults in any calendar year, Tenant, beginning with the third such Uncured Default in the calendar year, may exercise any and all remedies available to Tenant hereunder without providing Expiration Notices to Accommodatees, and the Accommodatees shall have no right to cure such Uncured Default.
