Common use of Compliance With Facility Mortgage Clause in Contracts

Compliance With Facility Mortgage. Except for payments due under any Facility Mortgage (which shall be the responsibility of the Mortgagor thereunder), Tenant covenants and agrees that, to the extent within Tenant’s control, it will duly and punctually observe, perform and comply with all of the terms, covenants and conditions (including, without limitation, covenants requiring the keeping of books and records and delivery of financial statements and other information) of any Facility Mortgage as to which Tenant has been given Notice and that it will not directly or indirectly do any act or suffer or permit any condition or thing to occur that is within Tenant’s control, which would or might constitute a default under a Facility Mortgage as to which Tenant has been given Notice. Anything in this Lease to the contrary notwithstanding, (i) if the time for performance of any act required of Tenant by the terms of a Facility Mortgage as to which Tenant has been given Notice is shorter than the time allowed by this Lease for performance of such act by Tenant, then Tenant shall perform such act within the time limits specified in this Lease and (ii) Tenant shall not be required to comply with the terms, covenants and conditions of any Facility Mortgage that materially (i) alter the economic terms of this Lease, (ii) diminish the rights of Tenant under this Lease in any material respect, or (iii) increase the obligations of Tenant under this Lease in any material respect.

Compliance With Facility Mortgage. Except for payments due under any Facility Mortgage (which shall be the responsibility of the Mortgagor thereunder), Tenant Lessee covenants and agrees that, to the extent within TenantLessee’s control, it will duly and punctually observe, perform and comply with all of the terms, covenants and conditions (including, without limitation, covenants requiring the keeping of books and records and delivery of financial statements and other information) of any Facility Mortgage as to which Tenant Lessee has been given Notice and that it will not directly or indirectly do any act or suffer or permit any condition or thing to occur that is within TenantLessee’s control, which would or might constitute a default under a Facility Mortgage as to which Tenant Lessee has been given Notice. Anything in this Lease to the contrary notwithstanding, (i) if the time for performance of any act required of Tenant Lessee by the terms of a Facility Mortgage as to which Tenant Lessee has been given Notice is shorter than the time allowed by this Lease for performance of such act by TenantLessee, then Tenant Lessee shall perform such act within the time limits specified in this Lease and (ii) Tenant Lessee shall not be required to comply with the terms, covenants and conditions of any Facility Mortgage that materially (i) alter the economic terms of this Lease, (ii) diminish the rights of Tenant Lessee under this Lease in any material respect, or (iii) increase the obligations of Tenant Lessee under this Lease in any material respect. 14. New Section 39.5 is hereby added to the Existing Master Lease as follows: