Common use of Bankruptcy Defaults and Remedies Clause in Contracts

Bankruptcy Defaults and Remedies. (a) If any Bankruptcy Default shall occur, the FCRHA may (subject to Section 24.14 below), at its option, give notice to Tenant stating that the FCRHA is terminating any Management Agreement then in effect for the Project and removing the Approved Property Manager from the Premises. Thereafter, the FCRHA, without further notice, may re-enter and repossess the Premises using such force for that purpose as may be necessary without being liable to indictment, prosecution or damages therefor, and undertake any leasing and property management duties, responsibilities or obligations that the FCRHA deems necessary or desirable for the Project, provided such actions are commercially reasonable and consistent with the management of comparable market rate apartment projects in Fairfax County, Virginia. The FCRHA shall not be liable to indictment, prosecution or damages for any actions or failure to act by the FCRHA in its leasing or property management capacity, except to the extent such action or failure to act was due to the gross negligence or willful misconduct of the FCRHA. Any sums expended by the FCRHA in connection with the FCRHA’s duties set forth in this Section 24.07(a) shall be Additional Costs and shall be paid by Tenant in accordance with the terms of this Lease. Failure to pay such Additional Costs in accordance with the terms hereof will (after the applicable notice and cure period) constitute an Event of Default by Tenant under Section 24.01(a) above. (b) If an order for relief is entered or if a stay of proceeding or other acts becomes effective in favor of Tenant or Tenant’s interest in this Lease in any proceeding which is commenced by or against Tenant under the present or any future Bankruptcy Code or any other present or future applicable federal, state or other statute or law, the FCRHA shall be entitled to invoke any and all rights and remedies available to it under such bankruptcy code, statute, law or this Lease, including, without limitation, such rights and remedies as may be necessary to adequately assure the complete and continuous future performance of all of Tenant’s obligations under this Lease (including, without limitation, the obligations set forth in Articles 3, 4, 7, 8, 9, 10, 11, 12, 13, 15, 19, 20, 24, 26 and 37 of this Lease). (c) Notwithstanding anything in this Article 24 (other than Section 24.14) to the contrary, the FCRHA and Tenant agree that, in the event a Bankruptcy Default hereunder results in a liquidation of Tenant’s assets under Chapter 7 of the Bankruptcy Code, the FCRHA, to the extent permitted by law or by leave of the court having jurisdiction over such proceeding, shall have the right, at its election, to terminate this Lease on ten (10) Business Days’ notice to Tenant, Tenant as debtor-in-possession or said trustee and upon the expiration of said ten (10) Business Day period this Lease shall cease and expire as aforesaid and Tenant, Tenant as debtor-in-possession or trustee shall immediately quit and surrender the Premises as aforesaid. (d) Nothing contained in this Article 24 shall limit or prejudice the right of the FCRHA to prove and obtain as liquidated damages in any bankruptcy, insolvency, receivership, reorganization or dissolution proceeding an amount equal to the maximum allowed by statute or rule of law governing such proceeding and in effect at the time when such damages are to be proved, whether or not such amount shall be greater than, equal to or less than the amount of the damages referred to in any of the preceding Sections of this Article 24.

Bankruptcy Defaults and Remedies. (a) If any Bankruptcy Default shall occuroccurs, the FCRHA Landlord may (subject to Section 24.14 below), at its option, will give notice to Tenant stating that the FCRHA Landlord is terminating any Management Agreement then in effect for the Project and removing the Approved Property Manager from the Premises. Thereafter, the FCRHALandlord, without further notice, may re-enter and repossess the Premises using such force for that purpose as may be necessary without being liable to indictment, prosecution or damages therefor, and undertake any leasing and property management duties, responsibilities or obligations that the FCRHA Landlord deems necessary or desirable for the Project, provided such actions are commercially reasonable and consistent with the management of comparable market rate apartment projects in Fairfax County, Virginia. The FCRHA shall not be liable to indictment, prosecution or damages for any actions or failure to act by the FCRHA Landlord in its leasing or property management capacity, except to the extent such action or failure to act was due to the gross negligence or willful misconduct of the FCRHALandlord. Any sums expended by the FCRHA Landlord in connection with the FCRHAXxxxxxxx’s duties set forth in this Section 24.07(a) shall will be Additional Costs and shall will be paid by Tenant in accordance with the terms of this Lease. Failure to pay such Additional Costs in accordance with the terms hereof will (after the applicable notice and cure period) constitute an Event of Default by Tenant under Section 24.01(a) above. (b) If an order for relief is entered or if a stay of proceeding or other acts becomes effective in favor of Tenant or Tenant’s interest in this Lease in any proceeding which is commenced by or against Tenant under the present or any future Bankruptcy Code or any other present or future applicable federal, state or other statute or law, the FCRHA shall Landlord will be entitled to invoke any and all rights and remedies available to it under such bankruptcy code, statute, law or this Lease, including, without limitation, such rights and remedies as may be necessary to adequately assure the complete and continuous future performance of all of Tenant’s obligations under this Lease (including, including without limitation, the obligations set forth in Articles 3, 4, 7, 8, 9, 10, 11, 12, 13, 15, 19, 20, 24, 26 and 37 of this Lease). (c) Notwithstanding anything in this Article 24 (other than Section 24.14) to the contrary, the FCRHA Landlord and Tenant agree that, in the event a Bankruptcy Default hereunder results in a liquidation of Tenant’s assets under Chapter 7 of the Bankruptcy Code, the FCRHALandlord, to the extent permitted by law or by leave of the court having jurisdiction over such proceeding, shall will have the right, at its election, to terminate this Lease on ten (10) Business Days’ notice to Tenant, Tenant as debtor-in-possession or said trustee and upon the expiration of said ten (10) Business Day day period this Lease shall will cease and expire as aforesaid and Tenant, Tenant as debtor-in-possession or trustee shall will immediately quit and surrender the Premises as aforesaidPremises. (d) Nothing contained in this Article 24 shall will limit or prejudice the right of the FCRHA Landlord to prove and obtain as liquidated damages in any bankruptcy, insolvency, receivership, reorganization or dissolution proceeding an amount equal to the maximum allowed by statute or rule of law governing such proceeding and in effect at the time when such damages are to be proved, whether or not such amount shall will be greater than, equal to or less than the amount of the damages referred to in any of the preceding Sections of this Article 24.

Bankruptcy Defaults and Remedies. (a) If any Bankruptcy Default shall occur, the FCRHA may (subject to Section 24.14 below), at its option, give notice to Tenant stating that the FCRHA is terminating any Management Agreement then in effect for the Project and removing the Approved Property Manager from the Premises. Thereafter, the FCRHA, without further notice, may re-enter and repossess the Premises using such force for that purpose as may be necessary without being liable to indictment, prosecution or damages therefor, and undertake any leasing and property management duties, responsibilities or obligations that the FCRHA deems necessary or desirable for the Project, provided such actions are commercially reasonable and consistent with the management of comparable market rate apartment projects in Fairfax County, Virginia. The FCRHA shall not be liable to indictment, prosecution or damages for any actions or failure to act by the FCRHA in its leasing or property management capacity, except to the extent such action or failure to act was due to the gross negligence or willful misconduct of the FCRHA. Any sums expended by the FCRHA in connection with the FCRHA’s duties set forth in this Section 24.07(a) shall be Additional Costs and shall be paid by Tenant in accordance with the terms of this Lease. Failure to pay such Additional Costs in accordance with the terms hereof will (after the applicable notice and cure period) constitute an Event of Default by Tenant under Section 24.01(a) above. (b) If an order for relief is entered or if a stay of proceeding or other acts becomes effective in favor of Tenant or Tenant’s interest in this Lease in any proceeding which is commenced by or against Tenant under the present or any future Bankruptcy Code or any other present or future applicable federal, state or other statute or law, the FCRHA shall be entitled to invoke any and all rights and remedies available to it under such bankruptcy code, statute, law or this Lease, including, without limitation, such rights and remedies as may be necessary to adequately assure the complete and continuous future performance of all of Tenant’s obligations under this Lease (including, without limitation, the obligations set forth in Articles 3, 4, 7, 8, 9, 10, 11, 12, 13, 15, 19, 20, 24, 26 and 37 of this Lease). (c) Notwithstanding anything in this Article 24 (other than Section 24.14) to the contrary, the FCRHA and Tenant agree that, in the event a Bankruptcy Default hereunder results in a liquidation of Tenant’s assets under Chapter 7 of the Bankruptcy Code, the FCRHA, to the extent permitted by law or by leave of the court having jurisdiction over such proceeding, shall have the right, at its election, to terminate this Lease on ten (10) Business Days’ notice to Tenant, Tenant as debtor-in-possession or said trustee and upon the expiration of said ten (10) Business Day period this Lease shall cease and expire as aforesaid and Tenant, Tenant as debtor-in-possession or trustee shall immediately quit and surrender the Premises as aforesaid. (d) Nothing contained in this Article 24 shall limit or prejudice the right of the FCRHA to prove and obtain as liquidated damages in any bankruptcy, insolvency, receivership, reorganization or dissolution proceeding an amount equal to the maximum allowed by statute or rule of law governing such proceeding and in effect at the time when such damages are to be proved, whether or not such amount shall be greater than, equal to or less than the amount of the damages referred to in any of the preceding Sections of this Article 24.the

Bankruptcy Defaults and Remedies. (a) If any Bankruptcy Default shall occur, the FCRHA Landlord may (subject to Section 24.14 below), at its option, give notice to Tenant stating that the FCRHA Landlord is terminating any Management Agreement then in effect for the Project and removing the Approved Property Manager from the Premises. Thereafter, the FCRHALandlord, without further notice, may re-enter and repossess the Premises using such force for that purpose as may be necessary without being liable to indictment, prosecution or damages therefor, and undertake any leasing and property management duties, responsibilities or obligations that the FCRHA Landlord deems necessary or desirable for the Project, provided such actions are commercially reasonable and consistent with the management of comparable market rate apartment projects in Fairfax County, Virginia. The FCRHA Landlord shall not be liable to indictment, prosecution or damages for any actions or failure to act by the FCRHA Landlord in its leasing or property management capacity, except to the extent such action or failure to act was due to the gross negligence or willful misconduct of the FCRHALandlord. Any sums expended by the FCRHA Landlord in connection with the FCRHALandlord’s duties set forth in this Section 24.07(a) shall be Additional Costs and shall be paid by Tenant in accordance with the terms of this Lease. Failure to pay such Additional Costs in accordance with the terms hereof will (after the applicable notice and cure period) constitute an Event of Default by Tenant under Section 24.01(a) above. (b) If an order for relief is entered or if a stay of proceeding or other acts becomes effective in favor of Tenant or Tenant’s interest in this Lease in any proceeding which is commenced by or against Tenant under the present or any future Bankruptcy Code or any other present or future applicable federal, state or other statute or law, the FCRHA Landlord shall be entitled to invoke any and all rights and remedies available to it under such bankruptcy code, statute, law or this Lease, including, without limitation, such rights and remedies as may be necessary to adequately assure the complete and continuous future performance of all of Tenant’s obligations under this Lease (including, including without limitation, the obligations set forth in Articles 3, 4, 7, 8, 9, 10, 11, 12, 13, 15, 19, 20, 2423, 26 and 37 31 of this Lease). (c) Notwithstanding anything in this Article 24 (other than Section 24.14) to the contrary, the FCRHA Landlord and Tenant agree that, in the event a Bankruptcy Default hereunder results in a liquidation of Tenant’s assets under Chapter 7 of the Bankruptcy Code, the FCRHALandlord, to the extent permitted by law or by leave of the court having jurisdiction over such proceeding, shall have the right, at its election, to terminate this Lease on ten (10) Business Daysdays’ notice to Tenant, Tenant as debtor-debtor- in-possession or said trustee and upon the expiration of said ten (10) Business Day day period this Lease shall cease and expire as aforesaid and Tenant, Tenant as debtor-in-possession or trustee shall immediately quit and surrender the Premises as aforesaid. (d) Nothing contained in this Article 24 shall limit or prejudice the right of the FCRHA Landlord to prove and obtain as liquidated damages in any bankruptcy, insolvency, receivership, reorganization or dissolution proceeding an amount equal to the maximum allowed by statute or rule of law governing such proceeding and in effect at the time when such damages are to be proved, whether or not such amount shall be greater than, equal to or less than the amount of the damages referred to in any of the preceding Sections of this Article 24.

Bankruptcy Defaults and Remedies. ‌ (a) If any Bankruptcy Default shall occur, the FCRHA Landlord may (subject to Section 24.14 below), at its option, give notice to Tenant stating that the FCRHA Landlord is terminating any Management Agreement then in effect for the Project and removing the Approved Property Manager from the Premises. Thereafter, the FCRHALandlord, without further notice, may re-enter and repossess the Premises using such force for that purpose as may be necessary without being liable to indictment, prosecution or damages therefor, and undertake any leasing and property management duties, responsibilities or obligations that the FCRHA Landlord deems necessary or desirable for the Project, provided such actions are commercially reasonable and consistent with the management of comparable market rate apartment projects in Fairfax County, Virginia. The FCRHA Landlord shall not be liable to indictment, prosecution or damages for any actions or failure to act by the FCRHA Landlord in its leasing or property management capacity, except to the extent such action or failure to act was due to the gross negligence or willful misconduct of the FCRHALandlord. Any sums expended by the FCRHA Landlord in connection with the FCRHALandlord’s duties set forth in this Section 24.07(a) shall be Additional Costs and shall be paid by Tenant in accordance with the terms of this Lease. Failure to pay such Additional Costs in accordance with the terms hereof will (after the applicable notice and cure period) constitute an Event of Default by Tenant under Section 24.01(a) above. (b) If an order for relief is entered or if a stay of proceeding or other acts becomes effective in favor of Tenant or Tenant’s interest in this Lease in any proceeding which is commenced by or against Tenant under the present or any future Bankruptcy Code or any other present or future applicable federal, state or other statute or law, the FCRHA Landlord shall be entitled to invoke any and all rights and remedies available to it under such bankruptcy code, statute, law or this Lease, including, without limitation, such rights and remedies as may be necessary to adequately assure the complete and continuous future performance of all of Tenant’s obligations under this Lease (including, including without limitation, the obligations set forth in Articles 3, 4, 7, 8, 9, 10, 11, 12, 13, 15, 19, 20, 24, 26 and 37 of this Lease). (c) Notwithstanding anything in this Article 24 (other than Section 24.14) to the contrary, the FCRHA Landlord and Tenant agree that, in the event a Bankruptcy Default hereunder results in a liquidation of Tenant’s assets under Chapter 7 of the Bankruptcy Code, the FCRHALandlord, to the extent permitted by law or by leave of the court having jurisdiction over such proceeding, shall have the right, at its election, to terminate this Lease on ten (10) Business Days’ notice to Tenant, Tenant as debtor-in-possession or said trustee and upon the expiration of said ten (10) Business Day period this Lease shall cease and expire as aforesaid and Tenant, Tenant as debtor-in-possession or trustee shall immediately quit and surrender the Premises as aforesaid. (d) Nothing contained in this Article 24 shall limit or prejudice the right of the FCRHA to prove and obtain as liquidated damages in any bankruptcy, insolvency, receivership, reorganization or dissolution proceeding an amount equal to the maximum allowed by statute or rule of law governing such proceeding and in effect at the time when such damages are to be proved, whether or not such amount shall be greater than, equal to or less than the amount of the damages referred to in any of the preceding Sections of this Article 24.ten

Bankruptcy Defaults and Remedies. (a) If any Bankruptcy Default shall occur, the FCRHA Landlord may (subject to Section 24.14 below), at its option, give notice to Tenant stating that the FCRHA Landlord is terminating any Management Agreement then in effect for the Project and removing the Approved Property Manager from the Premises. Thereafter, the FCRHALandlord, without further notice, may re-enter and repossess the Premises using such force for that purpose as may be necessary without being liable to indictment, prosecution or damages therefor, and undertake any leasing and property management duties, responsibilities or obligations that the FCRHA Landlord deems necessary or desirable for the Project, provided such actions are commercially reasonable and consistent with the management of comparable market rate apartment projects in Fairfax County, Virginia. The FCRHA Landlord shall not be liable to indictment, prosecution or damages for any actions or failure to act by the FCRHA Landlord in its leasing or property management capacity, except to the extent such action or failure to act was due to the gross negligence or willful misconduct of the FCRHALandlord. Any sums expended by the FCRHA Landlord in connection with the FCRHAXxxxxxxx’s duties set forth in this Section 24.07(a) shall be Additional Costs and shall be paid by Tenant in accordance with the terms of this Lease. Failure to pay such Additional Costs in accordance with the terms hereof will (after the applicable notice and cure period) constitute an Event of Default by Tenant under Section 24.01(a) above. (b) If an order for relief is entered or if a stay of proceeding or other acts becomes effective in favor of Tenant or Tenant’s interest in this Lease in any proceeding which is commenced by or against Tenant under the present or any future Bankruptcy Code or any other present or future applicable federal, state or other statute or law, the FCRHA Landlord shall be entitled to invoke any and all rights and remedies available to it under such bankruptcy code, statute, law or this Lease, including, without limitation, such rights and remedies as may be necessary to adequately assure the complete and continuous future performance of all of Tenant’s obligations under this Lease (including, including without limitation, the obligations set forth in Articles 3, 4, 7, 8, 9, 10, 11, 12, 13, 15, 19, 20, 24, 26 and 37 of this Lease). (c) Notwithstanding anything in this Article 24 (other than Section 24.14) to the contrary, the FCRHA Landlord and Tenant agree that, in the event a Bankruptcy Default hereunder results in a liquidation of Tenant’s assets under Chapter 7 of the Bankruptcy Code, the FCRHALandlord, to the extent permitted by law or by leave of the court having jurisdiction over such proceeding, shall have the right, at its election, to terminate this Lease on ten (10) Business Daysdays’ notice to Tenant, Tenant as debtor-in-possession or said trustee and upon the expiration of said ten (10) Business Day day period this Lease shall cease and expire as aforesaid and Tenant, Tenant as debtor-in-in- possession or trustee shall immediately quit and surrender the Premises as aforesaid. (d) Nothing contained in this Article 24 shall limit or prejudice the right of the FCRHA Landlord to prove and obtain as liquidated damages in any bankruptcy, insolvency, receivership, reorganization or dissolution proceeding an amount equal to the maximum allowed by statute or rule of law governing such proceeding and in effect at the time when such damages are to be proved, whether or not such amount shall be greater than, equal to or less than the amount of the damages referred to in any of the preceding Sections of this Article 24.

Bankruptcy Defaults and Remedies. (a) If any Bankruptcy Default shall occur, the FCRHA Landlord may (subject to Section 24.14 below), at its option, give notice to Tenant stating that the FCRHA Landlord is terminating any Management Agreement then in effect for the Project and removing the Approved Property Manager from the Premises. Thereafter, the FCRHALandlord, without further notice, may re-enter and repossess the Premises using such force for that purpose as may be necessary without being liable to indictment, prosecution or damages therefor, and undertake any leasing and property management duties, responsibilities or obligations that the FCRHA Landlord deems necessary or desirable for the Project, provided such actions are commercially reasonable and consistent with the management of comparable market rate apartment projects in Fairfax County, Virginia. The FCRHA Landlord shall not be liable to indictment, prosecution or damages for any actions or failure to act by the FCRHA Landlord in its leasing or property management capacity, except to the extent such action or failure to act was due to the gross negligence or willful misconduct of the FCRHALandlord. Any sums expended by the FCRHA Landlord in connection with the FCRHALandlord’s duties set forth in this Section 24.07(a) shall be Additional Costs and shall be paid by Tenant in accordance with the terms of this Lease. Failure to pay such Additional Costs in accordance with the terms hereof will (after the applicable notice and cure period) constitute an Event of Default by Tenant under Section 24.01(a) above. (b) . If an order for relief is entered or if a stay of proceeding or other acts becomes effective in favor of Tenant or Tenant’s interest in this Lease in any proceeding which is commenced by or against Tenant under the present or any future Bankruptcy Code or any other present or future applicable federal, state or other statute or law, the FCRHA Landlord shall be entitled to invoke any and all rights and remedies available to it under such bankruptcy code, statute, law or this Lease, including, without limitation, such rights and remedies as may be necessary to adequately assure the complete and continuous future performance of all of Tenant’s obligations under this Lease (including, including without limitation, the obligations set forth in Articles 3, 4, 7, 8, 9, 10, 11, 12, 13, 15, 19, 20, 24, 26 and 37 of this Lease). (c) . Notwithstanding anything in this Article 24 (other than Section 24.14) to the contrary, the FCRHA Landlord and Tenant agree that, in the event a Bankruptcy Default hereunder results in a liquidation of Tenant’s assets under Chapter 7 of the Bankruptcy Code, the FCRHALandlord, to the extent permitted by law or by leave of the court having jurisdiction over such proceeding, shall have the right, at its election, to terminate this Lease on ten (10) Business Days’ notice to Tenant, Tenant as debtor-in-possession or said trustee and upon the expiration of said ten (10) Business Day day period this Lease shall cease and expire as aforesaid and Tenant, Tenant as debtor-in-possession or trustee shall immediately quit and surrender the Premises as aforesaid. (d) Premises. Nothing contained in this Article 24 shall limit or prejudice the right of the FCRHA Landlord to prove and obtain as liquidated damages in any bankruptcy, insolvency, receivership, reorganization or dissolution proceeding an amount equal to the maximum allowed by statute or rule of law governing such proceeding and in effect at the time when such damages are to be proved, whether or not such amount shall be greater than, equal to or less than the amount of the damages referred to in any of the preceding Sections of this Article 24.

Bankruptcy Defaults and Remedies. (a) If any Bankruptcy Default shall will occur, the FCRHA Landlord may (subject to Section 24.14 below), at its option, give notice to Tenant stating that the FCRHA Landlord is terminating any Management Agreement then in effect for the Project and removing the Approved Property Manager from the Premises. Thereafter, the FCRHALandlord, without further notice, may re-enter and repossess the Premises using such force for that purpose as may be necessary without being liable to indictment, prosecution or damages therefor, and undertake any leasing and property management duties, responsibilities or obligations that the FCRHA Landlord deems necessary or desirable for the Project, provided such actions are commercially reasonable and consistent with the management of comparable market rate apartment projects in Fairfax County, Virginia. The FCRHA shall Landlord will not be liable to indictment, prosecution or damages for any actions or failure to act by the FCRHA Landlord in its leasing or property management capacity, except to the extent such action or failure to act was due to the gross negligence or willful misconduct of the FCRHALandlord. Any sums expended by the FCRHA Landlord in connection with the FCRHALandlord’s duties set forth in this Section 24.07(a) shall will be Additional Costs and shall will be paid by Tenant in accordance with the terms of this Lease. Failure to pay such Additional Costs in accordance with the terms hereof will (after the applicable notice and cure period) constitute an Event of Default by Tenant under Section 24.01(a) above. (b) . If an order for relief is entered or if a stay of proceeding or other acts becomes effective in favor of Tenant or Tenant’s interest in this Lease in any proceeding which is commenced by or against Tenant under the present or any future Bankruptcy Code or any other present or future applicable federal, state or other statute or law, the FCRHA shall Landlord will be entitled to invoke any and all rights and remedies available to it under such bankruptcy code, statute, law or this Lease, including, without limitation, such rights and remedies as may be necessary to adequately assure the complete and continuous future performance of all of Tenant’s obligations under this Lease (including, including without limitation, the obligations set forth in Articles 3, 4, 7, 8, 9, 10, 11, 12, 13, 15, 19, 20, 24, 26 and 37 of this Lease). (c) . Notwithstanding anything in this Article 24 (other than Section 24.14) to the contrary, the FCRHA Landlord and Tenant agree that, in the event a Bankruptcy Default hereunder results in a liquidation of Tenant’s assets under Chapter 7 of the Bankruptcy Code, the FCRHALandlord, to the extent permitted by law or by leave of the court having jurisdiction over such proceeding, shall will have the right, at its election, to terminate this Lease on ten (10) Business Days’ notice to Tenant, Tenant as debtor-in-possession or said trustee and upon the expiration of said ten (10) Business Day day period this Lease shall will cease and expire as aforesaid and Tenant, Tenant as debtor-in-possession or trustee shall will immediately quit and surrender the Premises as aforesaid. (d) Premises. Nothing contained in this Article 24 shall will limit or prejudice the right of the FCRHA Landlord to prove and obtain as liquidated damages in any bankruptcy, insolvency, receivership, reorganization or dissolution proceeding an amount equal to the maximum allowed by statute or rule of law governing such proceeding and in effect at the time when such damages are to be proved, whether or not such amount shall will be greater than, equal to or less than the amount of the damages referred to in any of the preceding Sections of this Article 24.

Bankruptcy Defaults and Remedies. (a) If any Bankruptcy Default shall occur, the FCRHA Landlord may (subject to Section 24.14 below), at its option, give notice to Tenant stating that the FCRHA Landlord is terminating any Management Agreement then in effect for the Project and removing the Approved Property Manager from the Premises. Thereafter, the FCRHALandlord, without further notice, may re-enter and repossess the Premises using such force for that purpose as may be necessary without being liable to indictment, prosecution or damages therefor, and undertake any leasing and property management duties, responsibilities or obligations that the FCRHA Landlord deems necessary or desirable for the Project, provided such actions are commercially reasonable and consistent with the management of comparable market rate apartment projects in Fairfax County, Virginia. The FCRHA Landlord shall not be liable to indictment, prosecution or damages for any actions or failure to act by the FCRHA Landlord in its leasing or property management capacity, except to the extent such action or failure to act was due to the gross negligence or willful misconduct of the FCRHALandlord. Any sums expended by the FCRHA Landlord in connection with the FCRHALandlord’s duties set forth in this Section 24.07(a) shall be Additional Costs and shall be paid by Tenant in accordance with the terms of this Lease. Failure to pay such Additional Costs in accordance with the terms hereof will (after the applicable notice and cure period) constitute an Event of Default by Tenant under Section 24.01(a) above. (b) If an order for relief is entered or if a stay of proceeding or other acts becomes effective in favor of Tenant or Tenant’s interest in this Lease in any proceeding which is commenced by or against Tenant under the present or any future Bankruptcy Code or any other present or future applicable federal, state or other statute or law, the FCRHA Landlord shall be entitled to invoke any and all rights and remedies available to it under such bankruptcy code, statute, law or this Lease, including, without limitation, such rights and remedies as may be necessary to adequately assure the complete and continuous future performance of all of Tenant’s obligations under this Lease (including, including without limitation, the obligations set forth in Articles 3, 4, 7, 8, 9, 10, 11, 12, 13, 15, 19, 20, 2423, 26 and 37 31 of this Lease). (c) Notwithstanding anything in this Article 24 (other than Section 24.14) to the contrary, the FCRHA Landlord and Tenant agree that, in the event a Bankruptcy Default hereunder results in a liquidation of Tenant’s assets under Chapter 7 of the Bankruptcy Code, the FCRHALandlord, to the extent permitted by law or by leave of the court having jurisdiction over such proceeding, shall have the right, at its election, to terminate this Lease on ten (10) Business Daysdays’ notice to Tenant, Tenant as debtor-in-possession or said trustee and upon the expiration of said ten (10) Business Day day period this Lease shall cease and expire as aforesaid and Tenant, Tenant as debtor-in-in- possession or trustee shall immediately quit and surrender the Premises as aforesaid. (d) Nothing contained in this Article 24 shall limit or prejudice the right of the FCRHA Landlord to prove and obtain as liquidated damages in any bankruptcy, insolvency, receivership, reorganization or dissolution proceeding an amount equal to the maximum allowed by statute or rule of law governing such proceeding and in effect at the time when such damages are to be proved, whether or not such amount shall be greater than, equal to or less than the amount of the damages referred to in any of the preceding Sections of this Article 24.

Bankruptcy Defaults and Remedies. (a) If any Bankruptcy Default shall occur, the FCRHA Landlord may (subject to Section 24.14 below), at its option, give notice to Tenant stating that the FCRHA Landlord is terminating any Management Agreement then in effect for the Project and removing the Approved Property Manager from the Premises. Thereafter, the FCRHALandlord, without further notice, may re-enter and repossess the Premises using such force for that purpose as may be necessary without being liable to indictment, prosecution or damages therefor, and undertake any leasing and property management duties, responsibilities or obligations that the FCRHA Landlord deems necessary or desirable for the Project, provided such actions are commercially reasonable and consistent with the management of comparable market rate apartment projects in Fairfax County, Virginia. The FCRHA Landlord shall not be liable to indictment, prosecution or damages for any actions or failure to act by the FCRHA Landlord in its leasing or property management capacity, except to the extent such action or failure to act was due to the gross negligence or willful misconduct of the FCRHALandlord. Any sums expended by the FCRHA Landlord in connection with the FCRHAXxxxxxxx’s duties set forth in this Section 24.07(a) shall be Additional Costs and shall be paid by Tenant in accordance with the terms of this Lease. Failure to pay such Additional Costs in accordance with the terms hereof will (after the applicable notice and cure period) constitute an Event of Default by Tenant under Section 24.01(a) above. (b) If an order for relief is entered or if a stay of proceeding or other acts becomes effective in favor of Tenant or Tenant’s interest in this Lease in any proceeding which is commenced by or against Tenant under the present or any future Bankruptcy Code or any other present or future applicable federal, state or other statute or law, the FCRHA Landlord shall be entitled to invoke any and all rights and remedies available to it under such bankruptcy code, statute, law or this Lease, including, without limitation, such rights and remedies as may be necessary to adequately assure the complete and continuous future performance of all of Tenant’s obligations under this Lease (including, including without limitation, the obligations set forth in Articles 3, 4, 7, 8, 9, 10, 11, 12, 13, 15, 19, 20, 2423, 26 and 37 31 of this Lease). (c) Notwithstanding anything in this Article 24 (other than Section 24.14) to the contrary, the FCRHA Landlord and Tenant agree that, in the event a Bankruptcy Default hereunder results in a liquidation of Tenant’s assets under Chapter 7 of the Bankruptcy Code, the FCRHALandlord, to the extent permitted by law or by leave of the court having jurisdiction over such proceeding, shall have the right, at its election, to terminate this Lease on ten (10) Business Daysdays’ notice to Tenant, Tenant as debtor-debtor- in-possession or said trustee and upon the expiration of said ten (10) Business Day day period this Lease shall cease and expire as aforesaid and Tenant, Tenant as debtor-in-possession or trustee shall immediately quit and surrender the Premises as aforesaid. (d) Nothing contained in this Article 24 shall limit or prejudice the right of the FCRHA Landlord to prove and obtain as liquidated damages in any bankruptcy, insolvency, receivership, reorganization or dissolution proceeding an amount equal to the maximum allowed by statute or rule of law governing such proceeding and in effect at the time when such damages are to be proved, whether or not such amount shall be greater than, equal to or less than the amount of the damages referred to in any of the preceding Sections of this Article 24.

Bankruptcy Defaults and Remedies. (a) If any Bankruptcy Default shall occur, the FCRHA Landlord may (subject to Section 24.14 below), at its option, give notice to Tenant stating that the FCRHA Landlord is terminating any Management Agreement then in effect for the Project and removing the Approved Property Manager from the Premises. Thereafter, the FCRHALandlord, without further notice, may re-enter and repossess the Premises using such force for that purpose as may be necessary without being liable to indictment, prosecution or damages therefor, and undertake any leasing and property management duties, responsibilities or obligations that the FCRHA Landlord deems necessary or desirable for the Project, provided such actions are commercially reasonable and consistent with the management of comparable market rate apartment projects in Fairfax County, Virginia. The FCRHA Landlord shall not be liable to indictment, prosecution or damages for any actions or failure to act by the FCRHA Landlord in its leasing or property management capacity, except to the extent such action or failure to act was due to the gross negligence or willful misconduct of the FCRHALandlord. Any sums expended by the FCRHA Landlord in connection with the FCRHALandlord’s duties set forth in this Section 24.07(a) shall be Additional Costs and shall be paid by Tenant in accordance with the terms of this Lease. Failure to pay such Additional Costs in accordance with the terms hereof will (after the applicable notice and cure period) constitute an Event of Default by Tenant under Section 24.01(a) above. (b) If an order for relief is entered or if a stay of proceeding or other acts becomes effective in favor of Tenant or Tenant’s interest in this Lease in any proceeding which is commenced by or against Tenant under the present or any future Bankruptcy Code or any other present or future applicable federal, state or other statute or law, the FCRHA Landlord shall be entitled to invoke any and all rights and remedies available to it under such bankruptcy code, statute, law or this Lease, including, without limitation, such rights and remedies as may be necessary to adequately assure the complete and continuous future performance of all of Tenant’s obligations under this Lease (including, including without limitation, the obligations set forth in Articles 3, 4, 7, 8, 9, 10, 11, 12, 13, 15, 19, 20, 24, 26 and 37 of this Lease). (c) Notwithstanding anything in this Article 24 (other than Section 24.14) to the contrary, the FCRHA Landlord and Tenant agree that, in the event a Bankruptcy Default hereunder results in a liquidation of Tenant’s assets under Chapter 7 of the Bankruptcy Code, the FCRHALandlord, to the extent permitted by law or by leave of the court having jurisdiction over such proceeding, shall have the right, at its election, to terminate this Lease on ten (10) Business Daysdays’ notice to Tenant, Tenant as debtor-in-possession or said trustee and upon the expiration of said ten (10) Business Day day period this Lease shall cease and expire as aforesaid and Tenant, Tenant as debtor-in-in- possession or trustee shall immediately quit and surrender the Premises as aforesaid. (d) Nothing contained in this Article 24 shall limit or prejudice the right of the FCRHA Landlord to prove and obtain as liquidated damages in any bankruptcy, insolvency, receivership, reorganization or dissolution proceeding an amount equal to the maximum allowed by statute or rule of law governing such proceeding and in effect at the time when such damages are to be proved, whether or not such amount shall be greater than, equal to or less than the amount of the damages referred to in any of the preceding Sections of this Article 24.

Bankruptcy Defaults and Remedies. (a) If any Bankruptcy Default shall occur, the FCRHA may (subject to Section 24.14 below), at its option, give notice to Tenant stating that the FCRHA is terminating any Management Agreement then in effect for the Project and removing the Approved Property Manager from the Premises. Thereafter, the FCRHA, without further notice, may re-enter and repossess the Premises using such force for that purpose as may be necessary without being liable to indictment, prosecution or damages therefor, and undertake any leasing and property management duties, responsibilities or obligations that the FCRHA deems necessary or desirable for the Project, provided such actions are commercially reasonable and consistent with the management of comparable market rate apartment projects in Fairfax County, Virginia. The FCRHA shall not be liable to indictment, prosecution or damages for any actions or failure to act by the FCRHA in its leasing or property management capacity, except to the extent such action or failure to act was due to the gross negligence or willful misconduct of the FCRHA. Any sums expended by the FCRHA in connection with the FCRHA’s duties set forth in this Section 24.07(a) shall be Additional Costs and shall be paid by Tenant in accordance with the terms of this Lease. Failure to pay such Additional Costs in accordance with the terms hereof will (after the applicable notice and cure period) constitute an Event of Default by Tenant under Section 24.01(a) above. (b) If an order for relief is entered or if a stay of proceeding or other acts becomes effective in favor of Tenant or Tenant’s interest in this Lease in any proceeding which is commenced by or against Tenant under the present or any future Bankruptcy Code or any other present or future applicable federal, state or other statute or law, the FCRHA shall be entitled to invoke any and all rights and remedies available to it under such bankruptcy code, statute, law or this Lease, including, without limitation, such rights and remedies as may be necessary to adequately assure the complete and continuous future performance of all of Tenant’s obligations under this Lease (including, without limitation, the obligations set forth in Articles 3, 4, 7, 8, 9, 10, 11, 12, 13, 15, 19, 20, 24, 26 and 37 of this Lease). (c) Notwithstanding anything in this Article 24 (other than Section 24.14) to the contrary, the FCRHA and Tenant agree that, in the event a Bankruptcy Default hereunder results in a liquidation of Tenant’s assets under Chapter 7 of the Bankruptcy Code, the FCRHA, to the extent permitted by law or by leave of the court having jurisdiction over such proceeding, shall have the right, at its election, to terminate this Lease on ten (10) Business Days’ notice to Tenant, Tenant as debtor-in-possession or said trustee and upon the expiration of said ten (10) Business Day period this Lease shall cease and expire as aforesaid and Tenant, Tenant as debtor-in-possession or trustee shall immediately quit and surrender the Premises as aforesaid. (d) Nothing contained in this Article 24 shall limit or prejudice the right of the FCRHA to prove and obtain as liquidated damages in any bankruptcy, insolvency, receivership, reorganization or dissolution proceeding an amount equal to the maximum allowed by statute or rule of law governing such proceeding and in effect at the time when such damages are to be proved, whether or not such amount shall be greater than, equal to or less than the amount of the damages referred to in any of the preceding Sections of this Article 24.ten