Common use of Compliance With Mortgage Loan Documents Clause in Contracts

Compliance With Mortgage Loan Documents. Borrower shall (or shall cause Owner or Operating Lessee, as applicable, to): (a) pay all principal, interest and reserve deposits required to be paid by Owner under and pursuant to the provisions of the Mortgage Loan Documents; (b) diligently perform and observe all of the terms, covenants and conditions of the Mortgage Loan Documents on the part of Owner and Operating Lessee to be performed and observed, unless such performance or observance shall be waived in writing by Mortgage Lender; (c) promptly notify Lender of the giving of any notice by Mortgage Lender to Owner, Operating Lessee or Borrower of any default by Owner or Operating Lessee in the performance or observance of any of the terms, covenants or conditions of the Mortgage Loan Documents on the part of Owner or Operating Lessee to be performed or observed and deliver to Lender a true copy of each such notice; and (d) not enter into or be bound by any Mortgage Loan Documents that are not approved by Lender. Without limiting the foregoing, Borrower shall cause Owner to fund all reserves required to be funded pursuant to the Mortgage Loan Documents. In the event of a refinancing of the Mortgage Loan permitted by the terms of this Agreement, Borrower will cause all reserves on deposit with Mortgage Lender to be utilized by Owner to reduce the amount due and payable to the Mortgage Lender or alternatively shall be remitted to Lender as a mandatory prepayment of the Loan.

Compliance With Mortgage Loan Documents. Borrower shall cause Mortgage Borrower to: (or shall cause Owner or Operating Lessee, as applicable, to): (ai) pay all principal, interest and reserve deposits other sums required to be paid by Owner Mortgage Borrower under and pursuant to the provisions of the Mortgage Loan Documents; (bii) diligently perform and observe all of the terms, covenants and conditions of the Mortgage Loan Documents on the part of Owner and Operating Lessee Mortgage Borrower to be performed and observed, unless such performance or observance shall be waived in writing by Mortgage Lender; (ciii) promptly notify deliver to Lender of the giving a true and complete copy of any notice by Mortgage Lender to OwnerMortgage Borrower, Operating Lessee Borrower, or Borrower Guarantor of any default by Owner or Operating Lessee in the performance or observance of any of the terms, covenants or conditions of Mortgage Borrower under the Mortgage Loan Documents on and of any other material written correspondence (including electronically transmitted items) given or received by Mortgage Borrower or Guarantor to or from the part of Owner Mortgage Lender or Operating Lessee to be performed or observed and deliver to Lender a true copy of each such noticeits agents; and (div) not enter into or be bound by any Mortgage Loan Documents that are not approved by Lender. Without limiting after the foregoingdate hereof, agree to any modifications, consolidation, restatement, or waiver of any existing Mortgage Loan Documents, grant to Mortgage Lender any consent or waiver, or exercise any remedy available to Mortgage Borrower shall cause Owner to fund all reserves required to be funded pursuant to under the Mortgage Loan Documents or any right or election under the Mortgage Loan Documents. In , in each case without the event prior written approval of Lender; and (v) provide Lender with a refinancing copy of any amendment or modification of, or waiver or consent granted under, the Mortgage Loan permitted by the terms Documents within five (5) days after its receipt thereof. Any breach or attempted breach of this Agreement, Borrower will cause all reserves on deposit with Mortgage Lender to be utilized by Owner to reduce the amount due and payable to the Mortgage Lender or alternatively Section 12.1(a) shall be remitted to Lender as a mandatory prepayment constitute an immediate Event of the LoanDefault hereunder.

Compliance With Mortgage Loan Documents. Borrower shall (or shall cause Owner or Operating Lessee, as applicable, to): (a) Borrower shall cause Mortgage Borrower to comply with all of the terms, covenants and conditions set forth in the Mortgage Loan Documents. Borrower acknowledges that the obligation to comply with this covenant is separate from, and may be enforced independently from, the obligations of Mortgage Borrower under the Mortgage Loan Documents. (b) Without limiting the generality of the other provisions of this Agreement, and without waiving or releasing Borrower from any of the Obligations, if there shall occur and be continuing any Mortgage Loan Event of Default, Borrower hereby expressly agrees that Lender shall have the immediate right, without prior notice to Borrower, but shall be under no obligation: (i) to pay all principal, interest and reserve deposits required to be paid by Owner under and pursuant to the provisions or any part of the Mortgage Loan Documents; (b) diligently and any other sums that are then due and payable, and to perform and observe any act or take any action on behalf of Borrower and/or Mortgage Borrower as may be appropriate, to cause all of the terms, covenants and conditions of the Mortgage Loan Documents on the part of Owner and Operating Lessee to be performed and observed, unless such performance or observance shall be waived in writing by Mortgage Lender; (c) promptly notify Lender of the giving of any notice by Mortgage Lender to Owner, Operating Lessee or Borrower of any default by Owner or Operating Lessee in the performance or observance of any of the terms, covenants or conditions of the Mortgage Loan Documents on the part of Owner or Operating Lessee to be performed or observed and deliver thereunder to Lender a true copy of each such noticebe promptly performed or observed; and (dii) to pay any other amounts and take any other action as Lender, in its sole and absolute discretion, shall deem advisable to protect or preserve the rights and interests of Lender in the Loan and/or the Collateral. All sums so paid and the costs and expenses incurred by Lender in exercising such rights (including, without limitation, reasonable attorneys’ fees) (i) shall constitute additional advances of the Loan to Borrower, (ii) shall increase the then unpaid principal amount of the Loan by the amount of such sums, costs and expenses, (iii) shall bear interest at the Default Rate for the period from the date that such sums, costs or expenses were incurred to the date of payment to Lender, (iv) shall constitute a portion of the Debt, and (v) shall be secured by the Pledge Agreement and the other Loan Documents. (c) Borrower hereby indemnifies Lender from and against all liabilities, obligations, losses, damages, penalties, assessments, actions, causes of action, judgments, suits, claims, demands, costs, expenses (including, without limitation, reasonable attorneys’ and other professional fees, whether or not enter into suit is brought, and settlement costs) and disbursements of any kind or nature whatsoever which may be bound imposed on, incurred by or asserted against Lender as a result of the actions described in the foregoing Section 5.1.28(b), except to the extent caused by Lender’s gross negligence or willful misconduct. Lender shall have no obligation to Borrower or any of its Affiliates or any other party to make any such payment or performance. Borrower shall not, and Borrower shall not permit Mortgage Borrower to, impede, interfere with, hinder or delay any effort or action on the part of Lender to cure any Mortgage Loan Documents that are not approved Event of Default or asserted Mortgage Loan Event of Default, or to otherwise protect or preserve Lender’s interests in the Loan and the Collateral following a Mortgage Loan Event of Default or asserted Mortgage Loan Event of Default. (d) Any Mortgage Loan Event of Default shall constitute an Event of Default, without regard to any subsequent payment or performance of any such obligations by Lender. Without limiting Borrower (on behalf of itself and on behalf of each Mortgage Borrower) hereby grants Lender and any Person designated by Lender the foregoing, Borrower shall cause Owner right to fund all reserves required to be funded pursuant to enter upon the Property at any time following the occurrence and during the continuance of any Mortgage Loan Documents. In Event of Default, or the event of assertion by Mortgage Lender that a refinancing of the Mortgage Loan permitted by Event of Default has occurred, for the terms purpose of taking any such action or to appear in, defend or bring any action or proceeding to protect Borrower’s and/or Lender’s interest in the Loan and/or the Collateral. Lender may take such action as Lender deems reasonably necessary or desirable to carry out the intents and purposes of this Agreement, Borrower will cause all reserves on deposit subsection (including communicating with Mortgage Lender with respect to be utilized any Mortgage Loan Default), without prior notice to or consent from Borrower. Lender shall have no obligation to complete any cure or attempted cure undertaken or commenced by Owner to reduce the amount due and payable to the Mortgage Lender or alternatively shall be remitted to Lender as a mandatory prepayment of the LoanLender.

Compliance With Mortgage Loan Documents. Borrower shall (or shall cause Owner or Operating Lessee, as applicable, to): (a) Borrowers shall cause Mortgage Borrowers to comply with all of the terms, covenants and conditions set forth in the Mortgage Loan Documents. Borrowers acknowledge that the obligation to comply with this covenant is separate from, and may be enforced independently from, the obligations of Mortgage Borrowers under the Mortgage Loan Documents. (b) Without limiting the generality of the other provisions of this Agreement, and without waiving or releasing Borrowers from any of the Obligations, if there shall occur and be continuing any Mortgage Event of Default, Borrowers hereby expressly agree that Lender shall have the immediate right, without prior notice to Borrowers, but shall be under no obligation: (i) to pay all principal, interest and reserve deposits required to be paid by Owner under and pursuant to the provisions or any part of the Mortgage Loan Documents; (b) diligently and any other sums that are then due and payable, and to perform and observe any act or take any action on behalf of Borrowers and/or Mortgage Borrowers as may be appropriate, to cause all of the terms, covenants and conditions of the Mortgage Loan Documents on the part of Owner and Operating Lessee to be performed and observed, unless such performance or observance shall be waived in writing by Mortgage Lender; (c) promptly notify Lender of the giving of any notice by Mortgage Lender to Owner, Operating Lessee or Borrower of any default by Owner or Operating Lessee in the performance or observance of any of the terms, covenants or conditions of the Mortgage Loan Documents on the part of Owner or Operating Lessee Borrowers to be performed or observed and deliver thereunder to Lender a true copy of each such noticebe promptly performed or observed; and (ii) to pay any other amounts and take any other action as Lender, in its sole and absolute discretion, shall deem advisable to protect or preserve the rights and interests of Lender in the Loan and/or the Collateral. All sums so paid and the costs and expenses incurred by Lender in exercising such rights (including, without limitation, reasonable attorneys’ fees) (A) shall constitute additional advances of the Loan to Borrowers, (B) shall increase the then unpaid principal amount of the Loan by the amount of such sums, costs and expenses, (C) shall bear interest at the Default Rate for the period from the date that such sums, costs or expenses were incurred to the date of payment to Lender, (D) shall constitute a portion of the Debt, and (E) shall be secured by the Pledge Agreement and the other Loan Documents. (c) Borrowers hereby jointly and severally indemnify Lender from and against all liabilities, obligations, losses, damages, penalties, assessments, actions, causes of action, judgments, suits, claims, demands, costs, expenses (including, without limitation, reasonable attorneys’ and other professional fees, whether or not suit is brought, and settlement costs) and disbursements of any kind or nature whatsoever which may be imposed on, incurred by or asserted against Lender as a result of the actions described in the foregoing Section 5.1.30(b), except to the extent caused by Lender’s gross negligence or willful misconduct. Lender shall have no obligation to Borrowers or any of their Affiliates or any other party to make any such payment or performance. Borrowers shall not, and Borrowers shall not permit Mortgage Borrowers to, impede, interfere with, hinder or delay any effort or action on the part of Lender to cure any Mortgage Event of Default or asserted Mortgage Event of Default, or to otherwise protect or preserve Lender’s interests in the Loan and the Collateral following a Mortgage Event of Default or asserted Mortgage Event of Default. (d) not enter into Any Mortgage Event of Default shall constitute an Event of Default, without regard to any subsequent payment or be bound by performance of any Mortgage Loan Documents that are not approved such obligations by Lender. Without limiting Borrowers (on behalf of themselves and on behalf of Mortgage Borrowers) hereby grant Lender and any Person designated by Lender the foregoingright to enter upon the Properties at any time following the occurrence and during the continuance of any Mortgage Event of Default, Borrower shall cause Owner or the assertion by Mortgage Lender that a Mortgage Event of Default has occurred, for the purpose of taking any such action or to fund all reserves required appear in, defend or bring any action or proceeding to be funded pursuant protect Borrowers’ and/or Lender’s interest in the Loan and/or the Collateral. Lender may take such action as Lender deems reasonably necessary or desirable to carry out the Mortgage Loan Documents. In the event of a refinancing of the Mortgage Loan permitted by the terms intents and purposes of this Agreement, Borrower will cause all reserves on deposit subsection (including communicating with Mortgage Lender with respect to be utilized any Mortgage Default), without prior notice to or consent from Borrowers. Lender shall have no obligation to complete any cure or attempted cure undertaken or commenced by Owner to reduce the amount due and payable to the Mortgage Lender or alternatively shall be remitted to Lender as a mandatory prepayment of the LoanLender.

Compliance With Mortgage Loan Documents. (a) Borrower shall (or shall cause Owner or Operating Lessee, as applicable, to): (a) pay all principal, interest and reserve deposits required to be paid by Owner under and pursuant to the provisions of the Mortgage Loan Documents; (b) diligently perform and observe comply with all of the terms, covenants and conditions set forth in the Mortgage Loan Documents, notwithstanding any waiver or future amendment of such covenants by Mortgage Lender. Borrower acknowledges that the obligation to comply with such covenants is separate from, and may be enforced independently from, the obligations of Owner under the Mortgage Loan Documents, and, to the extent such term, covenants and conditions require any consents, approvals or waivers by Mortgage Lender, Lender shall have the same rights to consent, approve or waive. The provisions of Sections 3.01, 4.01, 7.02(a) through (c) and 8.01 of the Mortgage Loan Documents are hereby incorporated by reference as if fully restated herein and shall constitute the direct obligation of Borrower to either perform or to cause Owner to perform such covenants on the part behalf of Owner and Operating Lessee Lender. (b) Borrower shall cause Senior Mez Borrower to be performed and observed, unless such performance or observance shall be waived in writing by Mortgage Lender; (c) promptly notify Lender of the giving of any notice by Mortgage Lender to Owner, Operating Lessee or Borrower of any default by Owner or Operating Lessee in the performance or observance of any comply with all of the terms, covenants and conditions set forth in the Senior Mez Loan Documents, notwithstanding any waiver or conditions future amendment of such covenants by Senior Mez Lender. Borrower acknowledges that the obligation to comply with such covenants is separate from, and may be enforced independently from, the obligations of the Mortgage Senior Mez Borrower under the Senior Mez Loan Documents on the part of Owner or Operating Lessee to be performed or observed and deliver to Lender a true copy of each such notice; and Documents. (dc) not enter into or be bound by any Mortgage Loan Documents that are not approved by Lender. Without limiting the foregoing, Borrower shall cause Owner Intermediate Mez Borrower to fund comply with all reserves required to be funded pursuant to of the Mortgage terms, covenants and conditions set forth in the Intermediate Mez Loan Documents, notwithstanding any waiver or future amendment of such covenants by Intermediate Mez Lender. In Borrower acknowledges that the event of a refinancing obligation to comply with such covenants is separate from, and may be enforced independently from, the obligations of the Mortgage Intermediate Mez Borrower under the Intermediate Mez Loan permitted by the terms of this Agreement, Borrower will cause all reserves on deposit with Mortgage Lender to be utilized by Owner to reduce the amount due and payable to the Mortgage Lender or alternatively shall be remitted to Lender as a mandatory prepayment of the LoanDocuments.

Compliance With Mortgage Loan Documents. Borrower shall (or shall cause Owner or Operating Lessee, as applicable, Mortgage Borrower to): (a) pay all principal, interest and reserve deposits other sums required to be paid by Owner Mortgage Borrower under and pursuant to the provisions of the Mortgage Loan Documents; (b) diligently perform and observe all of the terms, covenants and conditions of the Mortgage Loan Documents on the part of Owner and Operating Lessee any Mortgage Borrower to be performed and observed, unless such performance or observance shall be waived in writing by Mortgage Lender; (c) promptly notify Lender of the giving of any notice by a Mortgage Lender to Owner, Operating Lessee or Mortgage Borrower of any default by Owner or Operating Lessee Mortgage Borrower in the performance or observance of any of the terms, covenants or conditions of the Mortgage Loan Documents on the part of Owner or Operating Lessee Mortgage Borrower to be performed or observed and deliver to Lender a true copy of each such notice; (d) deliver a true, correct and complete copy of all material notices, demands, requests or material correspondence (including electronically transmitted items) given or received by Mortgage Borrower or Guarantor to or from a Mortgage Lender or its agent; and (de) not enter into or be bound by any amendments to any Mortgage Loan Documents that are not approved by LenderLender or otherwise permitted hereunder, which approval shall not be unreasonably withheld or delayed. Without limiting the foregoing, Borrower shall cause Owner Mortgage Borrower to fund all reserves required to be funded pursuant to the Mortgage Loan Documents. In the event of a refinancing of the a Mortgage Loan permitted by the terms of this Agreement, Borrower will cause all reserves on deposit with the applicable Mortgage Lender to be utilized by Owner Mortgage Borrower to reduce the amount due and payable to the applicable Mortgage Lender or alternatively shall be remitted to Lender as a mandatory prepayment of the Loan.

Compliance With Mortgage Loan Documents. Borrower shall (or shall cause Owner or Operating Lessee, as applicable, Mortgage Borrower to): (a) pay all principal, interest and reserve deposits other sums required to be paid by Owner Mortgage Borrower under and pursuant to the provisions of the Mortgage Loan Documents; (b) diligently perform and observe all of the terms, covenants and conditions of the Mortgage Loan Documents on the part of Owner and Operating Lessee Mortgage Borrower to be performed and observed, unless such performance or observance shall be waived in writing by Mortgage Lender; (c) promptly notify Lender of the giving of any notice by Mortgage Lender to Owner, Operating Lessee Mortgage Borrower or Borrower of any default by Owner or Operating Lessee Mortgage Borrower in the performance or observance of any of the terms, covenants or conditions of the Mortgage Loan Documents on the part of Owner or Operating Lessee Mortgage Borrower to be performed or observed and deliver to Lender a true copy of each such notice; (d) deliver a true, correct and complete copy of all notices, demands, requests or material correspondence (including electronically transmitted items) given or received by Mortgage Borrower or Guarantor to or from the Mortgage Lender or its agent; and (de) not enter into or be bound by any Mortgage Loan Documents that are not approved by Lender (it being acknowledged and agreed that all Mortgage Loan Documents entered into on the date hereof are approved by Lender). Without limiting the foregoing, Borrower shall cause Owner Mortgage Borrower to fund all reserves required to be funded pursuant to the Mortgage Loan Documents. In the event of a refinancing of the Mortgage Loan permitted by the terms of this Agreement, Borrower will cause all reserves on deposit with Mortgage Lender to be utilized by Owner Mortgage Borrower to reduce the amount due and payable to the Mortgage Lender or alternatively shall be remitted to Lender as a mandatory prepayment of the Loan.

Compliance With Mortgage Loan Documents. Borrower shall (or shall cause Owner or Operating Lessee, as applicable, Mortgage Borrower to): (a) pay all principal, interest and reserve deposits other sums required to be paid by Owner Mortgage Borrower under and pursuant to the provisions of the Mortgage Loan Documents; (b) diligently perform and observe all of the terms, covenants and conditions of the Mortgage Loan Documents on the part of Owner and Operating Lessee Mortgage Borrower to be performed and observed, unless such performance or observance shall be waived in writing by Mortgage Lender; (c) promptly notify Lender of the giving of any notice by Mortgage Lender to Owner, Operating Lessee Mortgage Borrower or Borrower of any default by Owner or Operating Lessee Mortgage Borrower in the performance or observance of any of the terms, covenants or conditions of the Mortgage Loan Documents on the part of Owner or Operating Lessee Mortgage Borrower to be performed or observed and deliver to Lender a true copy of each such notice; (d) deliver a true, correct and complete copy of all notices, demands, requests or material correspondence (including electronically transmitted items) given or received by Mortgage Borrower or Guarantor to or from the Mortgage Lender or its agent; and (de) not enter into or be bound by any Mortgage Loan Documents that are not approved by Lender. Without limiting the foregoing, Borrower shall cause Owner Mortgage Borrower to fund all reserves required to be funded pursuant to the Mortgage Loan Documents. In the event of a refinancing of the Mortgage Loan permitted by the terms of this Agreement, Borrower will cause all reserves on deposit with Mortgage Lender to be utilized by Owner Mortgage Borrower to reduce the amount due and payable to the Mortgage Lender or alternatively shall be remitted to Lender as a mandatory prepayment of the Loan.

Compliance With Mortgage Loan Documents. (a) Borrower shall (or shall cause Owner or Operating Lessee, as applicable, to): (a) pay all principal, interest and reserve deposits required to be paid by Owner under and pursuant to the provisions of the Mortgage Loan Documents; (b) diligently perform and observe comply with all of the terms, covenants and conditions set forth in the Mortgage Loan Documents, notwithstanding any waiver or future amendment of such covenants by Mortgage Lender. Borrower acknowledges that the obligation to comply with such covenants is separate from, and may be enforced independently from, the obligations of the Owner under the Mortgage Loan Documents, and, to the extent such term, covenants and conditions require any consents, approvals or waivers by Mortgage Lender, Lender shall have the same rights to consent, approve or waive. The provisions of Sections 3.01, 4.01, 7.02(a) through (c) and 8.01 of the Mortgage Loan Documents are hereby incorporated by reference as if fully restated herein and shall constitute the direct obligation of Borrower to either perform or to cause Owner to perform such covenants on the part behalf of Owner and Operating Lessee Lender. (b) Borrower shall cause Senior Mezz Borrower to be performed and observed, unless such performance or observance shall be waived in writing by Mortgage Lender; (c) promptly notify Lender of the giving of any notice by Mortgage Lender to Owner, Operating Lessee or Borrower of any default by Owner or Operating Lessee in the performance or observance of any comply with all of the terms, covenants and conditions set forth in the Senior Mezz Loan Documents, notwithstanding any waiver or conditions future amendment of such covenants by Senior Mezz Lender. Borrower acknowledges that the obligation to comply with such covenants is separate from, and may be enforced independently from, the obligations of the Mortgage Senior Mezz Borrower under the Senior Mezz Loan Documents on the part of Owner or Operating Lessee to be performed or observed and deliver to Lender a true copy of each such notice; and Documents. (dc) not enter into or be bound by any Mortgage Loan Documents that are not approved by Lender. Without limiting the foregoing, Borrower shall cause Owner Intermediate Mezz Borrower to fund comply with all reserves required to be funded pursuant to of the Mortgage terms, covenants and conditions set forth in the Intermediate Mezz Loan Documents, notwithstanding any waiver or future amendment of such covenants by Intermediate Mezz Lender. In Borrower acknowledges that the event of a refinancing obligation to comply with such covenants is separate from, and may be enforced independently from, the obligations of the Mortgage Intermediate Mezz Borrower under the Intermediate Mezz Loan permitted by the terms of this Agreement, Borrower will cause all reserves on deposit with Mortgage Lender to be utilized by Owner to reduce the amount due and payable to the Mortgage Lender or alternatively shall be remitted to Lender as a mandatory prepayment of the LoanDocuments.

Compliance With Mortgage Loan Documents. Borrower shall (or shall cause Owner or Operating Lessee, as applicable, Mortgage Borrower to): ) (a) pay all principal, interest and reserve deposits other sums required to be paid by Owner Mortgage Borrower under and pursuant to the provisions of the Mortgage Loan Documents; (b) diligently perform and observe all of the terms, covenants and conditions of the Mortgage Loan Documents on the part of Owner and Operating Lessee Mortgage Borrower to be performed and observed, unless such performance or observance shall be waived in writing by Mortgage Lender; (c) promptly notify Lender of the giving of any notice by Mortgage Lender to OwnerMortgage Borrower, Operating Lessee Mortgage Loan Guarantor, Borrower or Borrower Guarantor of any default Mortgage Loan Event of Default by Owner or Operating Lessee Mortgage Borrower in the performance or observance of any of the terms, covenants or conditions of the Mortgage Loan Documents on the part of Owner or Operating Lessee Mortgage Borrower to be performed or observed and deliver to Lender a true copy of each such notice; and (d) deliver a true, correct and complete copy of all notices, demands, requests or material correspondence (including electronically transmitted items) given or received by Mortgage Borrower, Mortgage Loan Guarantor or any Affiliate to or from the Mortgage Lender or its agent; (e) not amend. modify, terminate, enter into or be bound by any Mortgage Loan Documents Document that are is not approved by LenderLender in writing; and (f) deliver (or shall cause Mortgage Borrower to deliver) to Lender all of the financial statements, reports, certificates and related items delivered or required to be delivered by Mortgage Borrower to Mortgage Lender under the Mortgage Loan Documents as and when due under the Mortgage Loan Documents. Without limiting the foregoing, Borrower shall cause Owner Mortgage Borrower to fund all reserves required to be funded pursuant to the Mortgage Loan Documents. In the event of a refinancing of the Mortgage Loan permitted by the terms of this Agreement, to the extent not applied by Mortgage Lender in accordance with the Mortgage Loan Documents, Borrower will cause all reserves on deposit with Mortgage Lender to be utilized by Owner such Mortgage Borrower to reduce the amount due and payable to the Mortgage Lender or alternatively shall be remitted to Lender as a mandatory prepayment of the Loan.

Compliance With Mortgage Loan Documents. Borrower shall (or shall cause Owner or Operating Lessee, as applicable, to): (a) pay Borrowers shall cause Mortgage Borrowers to comply with all principalof the terms, interest covenants and reserve deposits required to be paid by Owner under and pursuant to the provisions of conditions set forth in the Mortgage Loan Documents; . Borrowers acknowledge that the obligation to comply with this covenant is separate from, and may be enforced independently from, the obligations of Mortgage Borrowers under the Mortgage Loan Documents. (b) diligently Without limiting the generality of the other provisions of this Agreement, and without waiving or releasing Borrower from any of the Obligations, if there shall occur and be continuing any Mortgage Loan Default, Borrowers hereby expressly agrees that Lender shall have the immediate right, without prior notice to Borrowers, but shall be under no obligation: (i) to pay all or any part of the Mortgage Loans and any other sums that are then due and payable and/or to perform and observe any act or take any action on behalf of Borrowers and/or Mortgage Borrowers as may be appropriate, to cause all of the terms, covenants and conditions of the Mortgage Loan Documents on the part of Owner and Operating Lessee to be performed and observed, unless such performance or observance shall be waived in writing by Mortgage Lender; (c) promptly notify Lender of the giving of any notice by Mortgage Lender to Owner, Operating Lessee or Borrower of any default by Owner or Operating Lessee in the performance or observance of any of the terms, covenants or conditions of the Mortgage Loan Documents on the part of Owner or Operating Lessee Borrowers to be performed or observed thereunder to be promptly performed or observed; and/or (ii) to pay any other amounts and/or take any other action as Lender, in its sole and deliver absolute discretion, shall deem advisable to protect or preserve the rights and interests of Lender in the Loan and/or the Collateral. All sums so paid and the costs and expenses incurred by Lender in exercising such rights (including, without limitation, reasonable attorneys’ fees) (A) shall constitute additional advances of the Loan to Borrowers, (B) shall increase the then unpaid principal amount of the Loan by the amount of such sums, costs and expenses, (C) shall bear interest at the Default Rate for the period from the date that such sums, costs or expenses were incurred to the date of payment to Lender, (D) shall constitute a true copy portion of each such notice; the Debt, and (dE) shall be secured by the Pledge Agreement and the other Loan Documents. (c) Borrowers hereby indemnify Lender from and against all liabilities, obligations, losses, damages, penalties, assessments, actions or causes of action, judgments, suits, claims, demands, costs, expenses (including, without limitation, reasonable attorneys’ and other professional fees, whether or not enter into suit is brought, and settlement costs) and disbursements of any kind or nature whatsoever which may be bound imposed on, incurred by or asserted against Lender as a result of the actions described in the foregoing Section 4.1.48(b), except to the extent caused by Lender’s gross negligence or willful misconduct. Lender shall have no obligation to Borrower or any of its Affiliates or any other party to make any such payment or performance. Borrower shall not, and Borrowers shall not permit Mortgage Borrowers to, impede, interfere with, hinder or delay any effort or action on the part of Lender to cure any Mortgage Loan Documents that are not approved by Default or to otherwise protect or preserve Lender. Without limiting ’s interests in the foregoing, Borrower shall cause Owner to fund all reserves required to be funded pursuant to the Loan following a Mortgage Loan Documents. In the event of a refinancing of the Mortgage Loan permitted by the terms of this Agreement, Borrower will cause all reserves on deposit with Mortgage Lender to be utilized by Owner to reduce the amount due and payable to the Mortgage Lender or alternatively shall be remitted to Lender as a mandatory prepayment of the LoanDefault.

Compliance With Mortgage Loan Documents. Borrower and Operating Lessee Owner shall (or shall cause Owner or Operating Lessee, as applicable, the Mortgage Loan Parties to): (a) pay all principal, interest and reserve deposits other sums required to be paid by Owner the Mortgage Loan Parties under and pursuant to the provisions of the Mortgage Loan Documents; (b) diligently perform and observe all of the terms, covenants and conditions of the Mortgage Loan Documents on the part of Owner and Operating Lessee the Mortgage Loan Parties to be performed and observed, unless such performance or observance shall be waived in writing by Mortgage Lender; (c) promptly notify Lender of the giving of any notice by Mortgage Lender to OwnerBorrower, Operating Lessee Owner or Borrower any of the Mortgage Loan Parties of any default by Owner or Operating Lessee any Mortgage Loan Party in the performance or observance of any of the terms, covenants or conditions of the Mortgage Loan Documents on the part of Owner or Operating Lessee the Mortgage Loan Parties to be performed or observed and deliver to Lender a true copy of each such notice; (d) deliver a true, correct and complete copy of all notices, demands, requests or material correspondence (including electronically transmitted items) given or received by any Mortgage Loan Party or Guarantor to or from Mortgage Lender or its agent; and (de) not enter into or be bound by any Mortgage Loan Documents that are not approved by Lender. Without limiting the foregoing, Borrower and Operating Lessee Owner shall cause Owner the Mortgage Loan Parties to fund all reserves required to be funded pursuant to the Mortgage Loan Documents. In the event of a refinancing of the Mortgage Loan permitted by the terms of this Agreement, Borrower and Operating Lessee Owner will cause all reserves on deposit with Mortgage Lender to be utilized by Owner the Mortgage Loan Parties to reduce the amount due and payable to the Mortgage Lender or alternatively shall be remitted to Lender as a mandatory prepayment of the Loan. Mortgage Loan Defaults .

Compliance With Mortgage Loan Documents. (a) Borrower shall (or shall cause Owner or Operating Lessee, as applicable, to): (a) pay all principal, interest and reserve deposits required to be paid by Owner under and pursuant to the provisions of the Mortgage Loan Documents; (b) diligently perform and observe comply with all of the terms, covenants and conditions set forth in the Mortgage Loan Documents, notwithstanding any waiver or future amendment of such covenants by Mortgage Lender. Borrower acknowledges that the obligation to comply with such covenants is separate from, and may be enforced independently from, the obligations of Owner under the Mortgage Loan Documents, and, to the extent such term, covenants and conditions require any consents, approvals or waivers by Mortgage Lender, Lender shall have the same rights to consent, approve or waive. The provisions of Sections 3.01, 4.01, 7.02(a) through (c) and 8.01 of the Mortgage Loan Documents are hereby incorporated by reference as if fully restated herein and shall constitute the direct obligation of Borrower to either perform or to cause Owner to perform such covenants on the part behalf of Owner and Operating Lessee Lender. (b) Borrower shall cause First Mez Borrower to be performed and observed, unless such performance or observance shall be waived in writing by Mortgage Lender; (c) promptly notify Lender of the giving of any notice by Mortgage Lender to Owner, Operating Lessee or Borrower of any default by Owner or Operating Lessee in the performance or observance of any comply with all of the terms, covenants and conditions set forth in the First Mez Loan Documents, notwithstanding any waiver or conditions future amendment of such covenants by First Mez Lender. Borrower acknowledges that the obligation to comply with such covenants is separate from, and may be enforced independently from, the obligations of the Mortgage First Mez Borrower under the First Mez Loan Documents on Documents. (c) Borrower shall cause Second Mez Borrower to comply with all of the part terms, covenants and conditions set forth in the Second Mez Loan Documents, notwithstanding any waiver or future amendment of Owner or Operating Lessee such covenants by Second Mez Lender. Borrower acknowledges that the obligation to comply with such covenants is separate from, and may be performed or observed and deliver to Lender a true copy enforced independently from, the obligations of each such notice; and the Second Mez Borrower under the Second Mez Loan Documents. (d) not enter into or be bound by any Mortgage Loan Documents that are not approved by Lender. Without limiting the foregoing, Borrower shall cause Owner Third Mez Borrower to fund comply with all reserves required to be funded pursuant to of the Mortgage terms, covenants and conditions set forth in the Third Mez Loan Documents, notwithstanding any waiver or future amendment of such covenants by Third Mez Lender. In Borrower acknowledges that the event of a refinancing obligation to comply with such covenants is separate from, and may be enforced independently from, the obligations of the Mortgage Third Mez Borrower under the Third Mez Loan permitted by the terms of this Agreement, Borrower will cause all reserves on deposit with Mortgage Lender to be utilized by Owner to reduce the amount due and payable to the Mortgage Lender or alternatively shall be remitted to Lender as a mandatory prepayment of the LoanDocuments.