Covenants of Tenant with Respect to USFS Permit. Tenant hereby covenants to not take any action or omit to take any action hereunder or under the USFS Permit that would result in, or otherwise cause, a default by Landlord or Tenant under such USFS Permit. In the event that any act or omission to act by Tenant hereunder or under such USFS Permit results in a default by Tenant or Landlord under such USFS Permit, which default results in a termination or revocation of such USFS Permit, Landlord shall have all rights and remedies available to Landlord pursuant to the provisions of this Agreement, including, without limitation, the right to bring and pursue against Tenant an action for actual damages caused by such default; provided, however, and notwithstanding anything contained in this Agreement to the contrary, in no event shall any Event of Default be deemed to exist, nor shall this Agreement terminate in the event that and while Tenant shall, at Tenant’s sole cost and expense, following such termination or revocation of such USFS Permit, use diligent commercially reasonable good faith efforts in an attempt to obtain (i) the reinstatement of such USFS Permit, or, (ii) an agreement by the USFS to enter into, with Landlord (and Tenant, as appropriate) a new or replacement USFS Permit in lieu of the reinstatement of same, upon the same economic terms and conditions and on substantially the same form as the terminated or revoked USFS Permit, (the period during which Tenant is using such diligent commercially reasonable good faith efforts being referred to herein as the “Tenant Redemption Period”). If Tenant is successful in causing the events in clause (i) or in clause (ii) of the preceding sentence to occur during the Tenant Redemption Period, then, in such event, the default that led to such termination or revocation shall be deemed to have been cured (but Tenant shall remain liable for payment to Landlord of damages as described in the next sentence hereunder). During the Tenant Redemption Period, this Agreement and Landlord’s and Tenant’s rights and obligations hereunder shall continue in full force and effect and Landlord’s actual damages claim against Tenant for such default, assuming Tenant is successful in achieving such reinstatement or replacement, shall be limited to the actual damages directly caused by such termination or revocation during the period of time from such termination or revocation of such USFS Permit to the date of such reinstatement or replacement 1240817 (such period being referre...
