Common use of Defaults; Events of Default Clause in Contracts

Defaults; Events of Default. 34.1 Tenant shall be in default under this Lease upon the occurrence of any one or more of the following events (collectively, “Defaults”, and individually, a “Default”): (a) If Tenant fails to move into or take possession of the Demised Premises within fifteen (15) days after the Commencement Date; (b) If the Tenant vacates the Demised Premises for a period in excess of thirty (30) days other than during the month prior to the Expiration Date; (c) If the Tenant is delinquent in the due and punctual payment of all or any portion of Minimum Rent, additional rent or any other monies payable by Tenant hereunder; (d) If any execution, attachment or other action shall be taken against Tenant or any or Tenant’s property whereupon the Demised Premises shall be taken, occupied or used by someone other than Tenant or any assignee or Sublessee permitted in strict accordance with Article 16, including the storage of any of Tenant’s property on behalf of another person or entity; or (e) If Tenant is delinquent in the performance of or compliance with any of the other covenants, agreements or conditions contained in this Lease, any other lease demising space in the Building to Tenant, or any other written agreement between Landlord and Tenant pertaining to the Demised Premises, the Building, and/or the Real Estate. 34.2 Upon the occurrence of a Default, Landlord, at any time thereafter, may give written notice to Tenant specifying the nature of such Default. Tenant shall have five (5) business days from the receipt of said notice (the “Cure Period”) to comply with or remedy any such Default, except in the case of any Default presenting a clear and present danger to life or property, which Tenant shall cure immediately upon request of Landlord or Managing Agent, written or otherwise. If such Default is not of an emergency nature, is other than due to the nonpayment of money, and shall be of a nature that the same cannot be substantially cured or remedied within said Cure Period, Tenant shall promptly give Landlord written notice of such fact, and Tenant shall diligently and in good faith proceed to remedy or cure such Default within a reasonable time, but in no event in excess of thirty (30) days. Neither the cost to Tenant of curing any Default nor Tenant’s financial or other inability to cure any Default (for whatever reason) shall operate to extend any Cure Period. Tenant’s failure to remedy such Default within the applicable time set forth in this Section shall be an “Event of Default”. 34.3 Tenant acknowledges that Landlord is obligated to make timely payments on obligations arising out of its ownership, operation, and financing of the Real Estate. In the event that the payment of any sum required to be paid by Tenant to Landlord under this Lease (including, without limiting the generality of the foregoing, Minimum Rent, additional rent, payment made by Landlord under any provision of this Lease for which Landlord is entitled to reimbursement by Xxxxxx, or for construction or other work performed by Landlord or its contractor specifically for Tenant) is not received by Landlord in good funds within seven (7) business days after the date on which it is due and payable or should any check from Tenant be returned to Landlord as uncollectible, then, notwithstanding any notice provision or Cure Period, Tenant shall pay Landlord, as additional rent, interest (“Interest”) at an annual rate equal to five hundred (500) basis points over the prime rate announced from time-to-time by Citibank, NA (or any successor thereto) (but subject to any maximum interest permitted by Law) on any amounts not received by Landlord from the date on which they became due and payable until the date they are received in full. In the event of nonpayment of any Interest provided for above, Landlord shall have, in addition to all other rights and remedies, all the rights and remedies provided for herein and by Law in the case of nonpayment of rent. Failure by Landlord or Managing Agent to insist upon the strict performance by Tenant of Tenant’s obligations to pay any Interest shall not constitute a waiver by Landlord of its rights to enforce the provisions of this Section in any instance thereafter occurring. Neither the provisions of this Section nor Tenant’s payment of any Interest shall be construed in any way to extend any time period provided for in this Lease or to Limit Landlord’s other remedies hereunder. Tenant’s obligation to pay any Interest as provided in this Section shall continue beyond the expiration or sooner termination or this Lease. 34.4 In addition to the provisions of Section 34.3, should Minimum Rent be received by Landlord or Managing Agent later than the first day of the month on which it is due twice or more in any twelve-month period, Landlord may, in addition to all other rights and remedies provided herein and by Law, require that Tenant either (1) increase the amount of the Security by an additional amount equal to three (3) months’ of the then applicable Adjusted Minimum Rent or (2) deposit such amount as Security if none has previously been paid.

Defaults; Events of Default. 34.1 Tenant shall be in default under this Lease upon the occurrence of If any one or more of the following events (collectivelyoccurs, “Defaults”, it is hereby defined as and individually, declared to be and to constitute a “default and an Event of Default”):: (a) If Tenant fails Failure to move into or take possession make due and punctual payment of any installment of interest upon any Bond when the Demised Premises within fifteen (15) days after the Commencement Datesame shall have become due and payable; (b) If Failure to make due and punctual payment of the Tenant vacates principal of or premium, if any, on any Bond, whether at the Demised Premises stated maturity thereof, or upon proceedings for a period in excess of thirty (30) days other than during redemption thereof or upon the month prior to the Expiration Datematurity thereof by declaration; (c) If Any representation or warranty made by the Tenant is delinquent City in this Trust Indenture or the due and punctual payment of all Bonds shall be determined by the Trustee to have been untrue in any material respect when made or any portion failure by the City to observe and perform any covenant, condition or agreement on its part to be observed and performed under this Trust Indenture or the Bonds, other than as referred to in subsections (a) or (b) of Minimum Rentthis Section, additional rent for a period of 60 days after written notice specifying such breach or any other monies payable failure and requesting that it be remedied, given to the City and the Owners by Tenant hereunder;the Trustee, unless the breach or failure is such that it cannot be corrected within the applicable period, corrective action is instituted by the City within the applicable period and is being diligently pursued, provided that such breach or failure must be cured within a period of 365 days after written notice of such breach or failure is given to the City; and (d) If any execution, attachment the City shall file a petition or other action shall be taken against Tenant answer seeking arrangement or any or Tenant’s property whereupon reorganization under the Demised Premises shall be taken, occupied or used by someone other than Tenant or any assignee or Sublessee permitted in strict accordance with Article 16, including the storage of any of Tenant’s property on behalf of another person or entity; or (e) If Tenant is delinquent in the performance of or compliance with any of the other covenants, agreements or conditions contained in this Lease, any other lease demising space in the Building to Tenant, federal bankruptcy laws or any other written agreement between Landlord and Tenant pertaining to applicable law of the Demised PremisesUnited States of America or any state therein, the Building, and/or the Real Estate. 34.2 Upon the occurrence or if a court of competent jurisdiction shall approve a Default, Landlord, at any time thereafter, may give written notice to Tenant specifying the nature of such Default. Tenant shall have five (5) business days from the receipt of said notice (the “Cure Period”) to comply petition filed with or remedy any such Default, except in without the case of any Default presenting a clear and present danger to life or property, which Tenant shall cure immediately upon request of Landlord or Managing Agent, written or otherwise. If such Default is not of an emergency nature, is other than due to the nonpayment of money, and shall be of a nature that the same cannot be substantially cured or remedied within said Cure Period, Tenant shall promptly give Landlord written notice of such fact, and Tenant shall diligently and in good faith proceed to remedy or cure such Default within a reasonable time, but in no event in excess of thirty (30) days. Neither the cost to Tenant of curing any Default nor Tenant’s financial or other inability to cure any Default (for whatever reason) shall operate to extend any Cure Period. Tenant’s failure to remedy such Default within the applicable time set forth in this Section shall be an “Event of Default”. 34.3 Tenant acknowledges that Landlord is obligated to make timely payments on obligations arising out of its ownership, operation, and financing consent of the Real Estate. In City seeking arrangement or reorganization under the event that the payment of federal bankruptcy laws or any sum required to be paid by Tenant to Landlord under this Lease (including, without limiting the generality other applicable law of the foregoing, Minimum Rent, additional rent, payment made by Landlord under United States or America or any provision of this Lease for which Landlord is entitled to reimbursement by Xxxxxxstate therein, or for construction or other work performed by Landlord or its contractor specifically for Tenant) is not received by Landlord in good funds within seven (7) business days after the date on which it is due and payable or should any check from Tenant be returned to Landlord as uncollectible, then, notwithstanding any notice provision or Cure Period, Tenant shall pay Landlord, as additional rent, interest (“Interest”) at an annual rate equal to five hundred (500) basis points over the prime rate announced from time-to-time by Citibank, NA (or any successor thereto) (but subject to any maximum interest permitted by Law) on any amounts not received by Landlord from the date on which they became due and payable until the date they are received in full. In the event of nonpayment of any Interest provided for above, Landlord shall have, in addition to all other rights and remedies, all the rights and remedies provided for herein and by Law in the case of nonpayment of rent. Failure by Landlord or Managing Agent to insist upon the strict performance by Tenant of Tenant’s obligations to pay any Interest shall not constitute a waiver by Landlord of its rights to enforce if under the provisions of this Section in any instance thereafter occurring. Neither other law for the provisions relief or aid of this Section nor Tenant’s payment debtors any court of any Interest competent jurisdiction shall be construed in any way to extend any time period provided for in this Lease assume custody or to Limit Landlord’s other remedies hereunder. Tenant’s obligation to pay any Interest as provided in this Section shall continue beyond the expiration or sooner termination or this Lease. 34.4 In addition to the provisions of Section 34.3, should Minimum Rent be received by Landlord or Managing Agent later than the first day control of the month on which it is due twice City or more in any twelve-month period, Landlord may, in addition to all other rights and remedies provided herein and by Law, require that Tenant either (1) increase the amount of the Security by an additional amount equal to three (3) months’ whole or any substantial parts of the then applicable Adjusted Minimum Rent or (2) deposit such amount as Security if none has previously been paidits property.

Defaults; Events of Default. 34.1 Tenant shall be in default under this Lease upon the The occurrence of any one or more of --------------------------- the following events (collectively, “Defaults”, is defined as and individually, a “Default”):declared to be and to constitute an Event of Default hereunder: (a) If Tenant fails Failure to move into pay the principal of or take possession of the Demised Premises within fifteen (15) days after the Commencement Dateany premium on any Bond when such principal or premium shall become due and payable, whether at stated maturity, by redemption, by acceleration or otherwise; (b) If the Tenant vacates the Demised Premises for a period in excess Failure to pay any interest on any Bond within one Business Day of thirty (30) days other than during the month prior to the Expiration Datewhen such interest shall become due and payable; (c) If Failure to pay the Tenant is delinquent in purchase price due to the Holder of any Bond who has tendered such Bond for purchase pursuant to Article IV within one Business Day of when such purchase price shall have become due and punctual payment of all or any portion of Minimum Rent, additional rent or any other monies payable by Tenant hereunderpayable; (d) If Failure by the Issuer to comply with the provisions of the Act relating to the Bonds or the Project or to observe or perform any executionother covenant, attachment agreement or other action obligation on its part to be observed or performed and which is contained in this Indenture or in the Bonds, which failure shall have continued for a period of 90 days after written notice, by registered or certified mail, to the Issuer, the Bank and the Borrower specifying the failure and requiring that it be remedied, which notice may be given by the Trustee in its discretion and shall be taken against Tenant given by the Trustee at the written request of the Holders of not less than 25% in principal amount of the Bonds outstanding; (e) The occurrence and continuance of an Event of Default as defined in Section 7.1 of the Financing Agreement; (f) Receipt by the Trustee of a written notice from the Bank stating that an event of default has occurred under the Reimbursement Agreement and directing the Trustee to call the Bonds for mandatory purchase (if the Bonds are in the Weekly Mode) or any or Tenant’s property whereupon to declare the Demised Premises shall principal of the outstanding Bonds immediately due and payable; (g) Receipt by the Trustee of a written notice from the Bank, prior to the tenth calendar day following payment of a drawing under the Letter of Credit for interest on Bonds which remain outstanding after the application of the proceeds of such drawing, stating that the Letter of Credit will not be taken, occupied or used by someone other than Tenant or any assignee or Sublessee permitted in strict accordance reinstated with Article 16, including the storage of any of Tenant’s property on behalf of another person or entityrespect to such interest; or (eh) If Tenant is delinquent in Failure by the performance of or compliance with any Borrower to cause an amendment extending the Expiration Date of the other covenantscurrent Letter of Credit on or before the Interest Payment Date next preceding such Expiration Date, agreements unless the Bonds have been called for mandatory redemption or conditions contained in this Lease, any other lease demising space in the Building mandatory purchase on such Interest Payment Date pursuant to Tenant, Subsection 3.01(e) or any other written agreement between Landlord and Tenant pertaining to the Demised Premises, the Building, and/or the Real Estate. 34.2 Upon the occurrence of a Default, Landlord, at any time thereafter, may give written notice to Tenant specifying the nature of such Default. Tenant shall have five clause (5b) business days from the receipt of said notice (the “Cure Period”) to comply with or remedy any such Default, except in the case of any Default presenting a clear and present danger to life or property, which Tenant shall cure immediately upon request of Landlord or Managing Agent, written or otherwise. If such Default is not of an emergency nature, is other than due to the nonpayment of money, and shall be of a nature that the same cannot be substantially cured or remedied within said Cure Period, Tenant shall promptly give Landlord written notice of such fact, and Tenant shall diligently and in good faith proceed to remedy or cure such Default within a reasonable time, but in no event in excess of thirty (30) days. Neither the cost to Tenant of curing any Default nor Tenant’s financial or other inability to cure any Default (for whatever reason) shall operate to extend any Cure Period. Tenant’s failure to remedy such Default within the applicable time set forth in this Section shall be an “Event of Default”. 34.3 Tenant acknowledges that Landlord is obligated to make timely payments on obligations arising out of its ownership, operation, and financing of the Real Estate. In the event that the payment of any sum required to be paid by Tenant to Landlord under this Lease (including, without limiting the generality of the foregoing, Minimum Rent, additional rent, payment made by Landlord under any provision of this Lease for which Landlord is entitled to reimbursement by Xxxxxx, or for construction or other work performed by Landlord or its contractor specifically for Tenant) is not received by Landlord in good funds within seven (7) business days after the date on which it is due and payable or should any check from Tenant be returned to Landlord as uncollectible, then, notwithstanding any notice provision or Cure Period, Tenant shall pay Landlord, as additional rent, interest (“Interest”) at an annual rate equal to five hundred (500) basis points over the prime rate announced from time-to-time by Citibank, NA (or any successor thereto) (but subject to any maximum interest permitted by Law) on any amounts not received by Landlord from the date on which they became due and payable until the date they are received in full. In the event of nonpayment of any Interest provided for above, Landlord shall have, in addition to all other rights and remedies, all the rights and remedies provided for herein and by Law in the case of nonpayment of rent. Failure by Landlord or Managing Agent to insist upon the strict performance by Tenant of Tenant’s obligations to pay any Interest shall not constitute a waiver by Landlord of its rights to enforce the provisions of this Section in any instance thereafter occurring. Neither the provisions of this Section nor Tenant’s payment of any Interest shall be construed in any way to extend any time period provided for in this Lease or to Limit Landlord’s other remedies hereunder. Tenant’s obligation to pay any Interest as provided in this Section shall continue beyond the expiration or sooner termination or this Lease. 34.4 In addition to the provisions of Section 34.3, should Minimum Rent be received by Landlord or Managing Agent later than the first day of the month on which it is due twice or more in any twelve-month period, Landlord may, in addition to all other rights and remedies provided herein and by Law, require that Tenant either (1) increase the amount of the Security by an additional amount equal to three (3) months’ of the then applicable Adjusted Minimum Rent or (2) deposit such amount as Security if none has previously been paid4.02.

Defaults; Events of Default. 34.1 Tenant shall be in default under this Lease upon the occurrence of any one or more of the following events (collectively, “Defaults”"DEFAULTS", and individually, a “Default”"DEFAULT"): (a) If the Tenant or any Sublessee or Assignee fails to move into or take possession of timely vacate the Demised Premises within fifteen (15) days after on the Commencement DateExpiration Date or earlier termination of the Term hereof; (b) If the Tenant vacates the Demised Premises for a period in excess of thirty (30) days other than during the month prior to the Expiration Date; (c) If the Tenant is delinquent in the due and punctual payment of all or any portion of Minimum Rent, Adjusted Minimum Rent, additional rent or any other monies payable by Tenant hereunderhereunder more than twice in any twelve-month period; (dc) If any execution, attachment or other action shall be taken against Tenant or any or of Tenant’s 's property whereupon the Demised Premises shall be taken, occupied or used by someone other than Tenant or any assignee or Sublessee permitted in strict accordance with Article 16, including the storage of any of Tenant’s 's property on behalf of another person or entity; or (ed) If Tenant is delinquent in the performance of or compliance with any of the other covenants, agreements or conditions contained in this Lease, any other lease demising space in the Building to Tenant, or any other written agreement between Landlord and Tenant pertaining to the Demised Premises, the Building, Building and/or the Real Estate. 34.2 Upon the occurrence of a Default, Landlord, at any time thereafter, may give written notice to Tenant specifying the nature of such Default. Tenant shall have five (5) business days from the receipt of said notice (the “Cure Period”"CURE PERIOD") to comply with or remedy any such Default, except in the case of any Default presenting a clear and arid present danger to life or property, which Tenant shall cure immediately upon request of Landlord or Managing Agent, written or otherwise. If such Default is not of an emergency nature, is other than due to the nonpayment of money, and shall be of a nature that the same cannot be substantially cured or remedied within within. said Cure Period, Tenant shall promptly give Landlord written notice of such fact, and Tenant shall diligently and in good faith proceed to remedy or cure such Default within a reasonable time, but in no event in excess of thirty (30) days. Neither the cost to Tenant of curing any Default nor Tenant’s 's financial or other inability to cure Cure any Default (for whatever reason) shall operate to extend any Cure Period. Tenant’s 's failure to remedy such Default within the applicable time set forth in this Section shall be an “Event of Default”"EVENT OF DEFAULT". 34.3 Tenant acknowledges that Landlord is obligated to make timely payments on obligations arising out of its ownership, operation, and arid financing of the Real Estate. In the event that the payment of any sum required to be paid by Tenant to Landlord under this Lease (including, without limiting the generality of the foregoing, Minimum Rent, Adjusted Minimum Rent, additional rent, payment made by Landlord under any provision of this Lease for which Landlord is entitled to reimbursement by XxxxxxTenant, or for construction or other work performed by Landlord or its contractor specifically for Tenant) is not received by Landlord in good funds within seven five (75) business days after the date on which it is due and payable or should any check from Tenant be returned to Landlord as uncollectible, then, notwithstanding any notice provision or Cure Period, a delinquency service charge equal to four percent (4%) of the amount overdue (the "SERVICE CHARGE") shall become immediately due and payable to Landlord as liquidated damages for Tenant's failure to make prompt payment to Landlord; Landlord and Tenant hereby agreeing that the actual damages' to Landlord due to such late or non-payment exceed the interest cost of money but are difficult to estimate. Such Service Charge shall become payable as additional rent within five (5) business days after Tenant's receiving an invoice therefor. Tenant shall also pay Landlord, Landlord as additional rent, interest RENT INTEREST (“Interest”"INTEREST") at an annual rate equal to five hundred (500) basis points over 4% in excess of the prime rate announced from time-to-time by Citibank, NA (or any successor thereto) such other major commercial bank in the United States designated by Landlord (but subject to any maximum interest permitted by Law) on any amounts not received by Landlord from the date on an which they became due and payable until the date they are received in fullpayable. In the event of nonpayment of any Service Charge and/or Interest provided for above, Landlord shall have, in addition to all other rights and remedies, all the rights and remedies provided for herein and by Law in the case of nonpayment of rent. Failure by Landlord or Managing Agent to insist upon the strict performance by Tenant of Tenant’s 's obligations to pay any Service Charge or Interest shall not constitute a waiver by Landlord of its rights to enforce the provisions of this Section in any instance thereafter occurring. Neither the provisions of this Section nor Tenant’s 's payment of any Service Charge or Interest shall be construed in any way to extend any time period provided for in this Lease or to Limit limit Landlord’s 's other remedies hereunder. Tenant’s 's obligation to pay any Service Charge or Interest as provided in this Section shall continue beyond the expiration or sooner termination or of this Lease. 34.4 In addition to the provisions of Section 34.3, should Adjusted Minimum Rent Rent. be received by Landlord or Managing Agent later than the first day of the month on which it is due twice or more in any twelve-month period, Landlord may, in addition to all other rights nights and remedies provided herein and by Law, require that Tenant either (1) increase the amount of the Security by an additional amount equal to three (3) months’ month's of the then applicable Adjusted Minimum Rent or (2) deposit such amount as Security if none has previously been paidRent.

Defaults; Events of Default. 34.1 Tenant shall be in default under this Lease upon the occurrence of If any one or more of the following events (collectivelyoccur, it is hereby defined as and declared to be and to constitute an “Defaults”, Event of Default” under and individually, a “Default”):for purposes of this Loan Agreement: (a) If Tenant fails to move into or take possession of the Demised Premises within fifteen (15) days after the Commencement Date; (b) If the Tenant vacates the Demised Premises for a period in excess of thirty (30) days other than during the month prior to the Expiration Date; (c) If the Tenant is delinquent Default in the due and punctual payment of all any installment of principal or of any portion payment of Minimum Rent, additional rent interest or any other monies payable by Tenant hereunderpremium on the Promissory Note; (db) If any execution, attachment or other action shall be taken against Tenant or any or Tenant’s property whereupon the Demised Premises shall be taken, occupied or used by someone other than Tenant or any assignee or Sublessee permitted in strict accordance with Article 16, including the storage of any of Tenant’s property on behalf of another person or entity; or (e) If Tenant is delinquent Default in the performance or observance of or compliance with any other of the other covenants, agreements or conditions contained on the part of the Borrower in this Lease, any other lease demising space in Loan Agreement contained and the Building to Tenant, or any other continuance thereof for a period of 30 days after receipt by the Borrower of written agreement between Landlord and Tenant pertaining to notice (from the Demised PremisesIssuer, the Building, and/or Trustee or the Real Estate. 34.2 Upon the occurrence Owners of a Default, Landlord, at any time thereafter, may give written notice to Tenant specifying the nature of such Default. Tenant shall have five (5) business days from the receipt of said notice (the “Cure Period”) to comply with or remedy any such Default, except least 10% in the case of any Default presenting a clear and present danger to life or property, which Tenant shall cure immediately upon request of Landlord or Managing Agent, written or otherwise. If such Default is not of an emergency nature, is other than due to the nonpayment of money, and shall be of a nature that the same cannot be substantially cured or remedied within said Cure Period, Tenant shall promptly give Landlord written notice of such fact, and Tenant shall diligently and in good faith proceed to remedy or cure such Default within a reasonable time, but in no event in excess of thirty (30) days. Neither the cost to Tenant of curing any Default nor Tenant’s financial or other inability to cure any Default (for whatever reason) shall operate to extend any Cure Period. Tenant’s failure to remedy such Default within the applicable time set forth in this Section shall be an “Event of Default”. 34.3 Tenant acknowledges that Landlord is obligated to make timely payments on obligations arising out of its ownership, operation, and financing of the Real Estate. In the event that the payment of any sum required to be paid by Tenant to Landlord under this Lease (including, without limiting the generality of the foregoing, Minimum Rent, additional rent, payment made by Landlord under any provision of this Lease for which Landlord is entitled to reimbursement by Xxxxxx, or for construction or other work performed by Landlord or its contractor specifically for Tenant) is not received by Landlord in good funds within seven (7) business days after the date on which it is due and payable or should any check from Tenant be returned to Landlord as uncollectible, then, notwithstanding any notice provision or Cure Period, Tenant shall pay Landlord, as additional rent, interest (“Interest”) at an annual rate equal to five hundred (500) basis points over the prime rate announced from time-to-time by Citibank, NA (or any successor thereto) (but subject to any maximum interest permitted by Law) on any amounts not received by Landlord from the date on which they became due and payable until the date they are received in full. In the event of nonpayment of any Interest provided for above, Landlord shall have, in addition to all other rights and remedies, all the rights and remedies provided for herein and by Law in the case of nonpayment of rent. Failure by Landlord or Managing Agent to insist upon the strict performance by Tenant of Tenant’s obligations to pay any Interest shall not constitute a waiver by Landlord of its rights to enforce the provisions of this Section in any instance thereafter occurring. Neither the provisions of this Section nor Tenant’s payment of any Interest shall be construed in any way to extend any time period provided for in this Lease or to Limit Landlord’s other remedies hereunder. Tenant’s obligation to pay any Interest as provided in this Section shall continue beyond the expiration or sooner termination or this Lease. 34.4 In addition to the provisions of Section 34.3, should Minimum Rent be received by Landlord or Managing Agent later than the first day of the month on which it is due twice or more in any twelve-month period, Landlord may, in addition to all other rights and remedies provided herein and by Law, require that Tenant either (1) increase the aggregate principal amount of the Security by Bonds at the time Outstanding) specifying such default and requesting that it be cured; provided, however, that if the default is capable of being cured, but not so within such 30 day period, such default shall not become an additional Event of Default if the Borrower institutes reasonable corrective action within such period and pursues such action diligently until such default is cured; (c) The Borrower shall: (i) become insolvent; or (ii) be unable, or admit in writing its inability, to pay its debts as they mature; or (iii) make a general assignment for the benefit of creditors or to an agent authorized to liquidate any substantial amount equal of its property; or (iv) have a court order relief against it under the United States Bankruptcy Code; or (v) file a petition with respect to three (3) months’ itself as debtor under chapter 7 or 11 of the then applicable Adjusted Minimum Rent United States Bankruptcy Code; or (2vi) deposit have a petition under chapter 7 or 11 of the United States Bankruptcy Code filed against it as debtor and fail to have such amount petition vacated or discharged within 60 days following the filing thereof; or (vii) file an answer to a creditor’s petition, admitting the material allegations thereof, for liquidation, reorganization or to effect a plan or other arrangement with creditors; or (viii) apply to a court for the appointment of a receiver for any of its assets; or (ix) have a receiver appointed for any of its assets (with or without the consent of the Borrower) and such receiver shall not be discharged within 60 days after its appointment; or (d) An “event of default” (as Security if none has previously been paiddefined therein) shall have occurred under the Indenture.

Defaults; Events of Default. 34.1 Tenant shall be in default under this Lease upon the The occurrence of any one or more of the following events (collectively, “Defaults”, is defined as and individually, a “Default”):declared to be and to constitute an Event of Default hereunder: (a) If Tenant fails Failure to move into or take possession of the Demised Premises within fifteen (15) days after the Commencement Datepay when due any interest on any Bond; (b) If Payment of the Tenant vacates the Demised Premises for a period in excess principal of thirty (30) days other than during the month prior or any premium on any Bond shall not be made when and as that principal or premium shall become due and payable, whether at stated maturity, by redemption, pursuant to the Expiration Dateany mandatory sinking fund requirements, by acceleration or otherwise; (c) If Failure to pay on a Bond Purchase Date or Mandatory Bond Purchase Date amounts due to the Tenant is delinquent in Holder of any Project Bonds or the due and punctual payment Beneficial Owner of all any Beneficial Ownership Interests tendered or any portion of Minimum Rentdeemed tendered to the Trustee pursuant to Section 2.04, additional rent 2.05, 2.06 or any other monies payable by Tenant hereunder2.07 hereof; (d) If Failure by the Issuer to observe or perform any executionother covenant, attachment agreement or other action obligation on its part to be observed or performed contained in this Indenture or in the Bonds, which failure shall have continued for a period of 30 days after written notice, either by registered or certified mail, to the Issuer, the Bank and the Borrower specifying the failure and requiring that it be remedied, which notice may be given by the Trustee in its discretion and shall be taken against Tenant given by the Trustee at the written request of the Bank or any or Tenant’s property whereupon the Demised Premises shall be taken, occupied or used by someone other Holders of not less than Tenant or any assignee or Sublessee permitted 25 percent in strict accordance with Article 16, including the storage aggregate principal amount of any of Tenant’s property on behalf of another person or entity; orBonds then outstanding; (e) If Tenant is delinquent The occurrence and continuation of an Event of Default as defined in the performance of or compliance with any Section 7.1 of the other covenantsAgreement; (f) Receipt by the Trustee of a written notice from the Bank that an Event of Default has occurred and is continuing under the Reimbursement Agreement and directing the Trustee to accelerate the maturity of the Project Bonds; (g) Failure of the Bank to honor any drawing properly made in accordance with the terms of the Letter of Credit; (h) The Bank shall: (i) commence a proceeding under any Federal or state insolvency, agreements reorganization or conditions contained in this Lease, any other lease demising space in the Building to Tenantsimilar law, or have such a proceeding commenced against it and either have an order of insolvency or reorganization entered against it or have the proceeding remain undismissed and unstayed for 90 days; or (ii) have a receiver, conservator, liquidator or trustee appointed for it or for the whole or any other written agreement between Landlord substantial part of its property; and Tenant pertaining to 100 (i) Receipt by the Demised Premises, the Building, and/or the Real Estate. 34.2 Upon the occurrence Trustee of a Default, Landlord, at any time thereafter, may give written notice to Tenant specifying the nature of such Default. Tenant shall have five (5) business days from the receipt of said notice (Bank by the “Cure Period”) to comply with or remedy any such Default, except in fifth Business Day following the case of any Default presenting a clear and present danger to life or property, which Tenant shall cure immediately upon request of Landlord or Managing Agent, written or otherwise. If such Default is not honoring of an emergency nature, is other than due to interest drawing on the nonpayment Letter of money, and shall be of a nature Credit that the same canamount available to be drawn by the Trustee under the Letter of Credit has not be substantially cured or remedied within said Cure Period, Tenant shall promptly give Landlord written notice of such fact, and Tenant shall diligently and in good faith proceed been reinstated to remedy or cure such Default within a reasonable time, but in no event in excess of thirty (30) days. Neither the cost to Tenant of curing any Default nor Tenant’s financial or other inability to cure any Default (for whatever reason) shall operate to extend any Cure Period. Tenant’s failure to remedy such Default within the applicable time set forth in this Section shall be an “Event of Default”. 34.3 Tenant acknowledges that Landlord is obligated to make timely payments on obligations arising out of its ownership, operation, and financing amount not less than 100% of the Real Estate. In outstanding principal of, plus 45 days' interest on the event that the payment of any sum required to be paid by Tenant to Landlord under this Lease (including, without limiting the generality of the foregoing, Minimum Rent, additional rent, payment made by Landlord under any provision of this Lease for which Landlord is entitled to reimbursement by Xxxxxx, or for construction or other work performed by Landlord or its contractor specifically for Tenant) is not received by Landlord in good funds within seven (7) business days after the date on which it is due and payable or should any check from Tenant be returned to Landlord as uncollectible, then, notwithstanding any notice provision or Cure Period, Tenant shall pay Landlord, as additional rent, interest (“Interest”) at an annual rate equal to five hundred (500) basis points over the prime rate announced from time-to-time by Citibank, NA Project Bonds (or any successor thereto195 days' interest on the Project Bonds if the Interest Rate Mode on the Project Bonds is six months or longer) (but subject to any maximum interest permitted by Law) on any amounts not received by Landlord from computed at the date on which they became due and payable until the date they are received in full. In the event of nonpayment of any Interest provided for above, Landlord shall have, in addition to all other rights and remedies, all the rights and remedies provided for herein and by Law in the case of nonpayment of rent. Failure by Landlord or Managing Agent to insist upon the strict performance by Tenant of Tenant’s obligations to pay any Interest shall not constitute a waiver by Landlord of its rights to enforce the provisions of this Section in any instance thereafter occurring. Neither the provisions of this Section nor Tenant’s payment of any Interest shall be construed in any way to extend any time period provided for in this Lease or to Limit Landlord’s other remedies hereunder. Tenant’s obligation to pay any Interest as provided in this Section shall continue beyond the expiration or sooner termination or this LeaseMaximum Rate. 34.4 In addition to the provisions of Section 34.3, should Minimum Rent be received by Landlord or Managing Agent later than the first day of the month on which it is due twice or more in any twelve-month period, Landlord may, in addition to all other rights and remedies provided herein and by Law, require that Tenant either (1) increase the amount of the Security by an additional amount equal to three (3) months’ of the then applicable Adjusted Minimum Rent or (2) deposit such amount as Security if none has previously been paid.

Defaults; Events of Default. 34.1 Tenant shall be in default under this Lease upon the The occurrence of any one or more of the following events (collectively, “Defaults”, is defined as and individually, a “Default”):declared to be and to constitute an Event of Default hereunder: (a) If Tenant fails to move into or take possession Payment of the Demised Premises within fifteen (15) days after the Commencement Dateany interest on any Bond shall not be made when and as that interest shall become due and payable; (b) If Payment of the Tenant vacates the Demised Premises for a period in excess principal of thirty (30) days other than during the month prior or any premium on any Bond shall not be made when and as that principal or premium shall become due and payable, whether at stated maturity, by redemption, pursuant to the Expiration Dateany mandatory sinking fund requirements, by acceleration or otherwise; (c) If Failure by the Tenant is delinquent Issuer to observe or perform any other covenant, agreement or obligation on its part to be observed or performed contained in this Indenture or in the Bonds, which failure shall have continued for a period of 60 days after written notice, by registered or certified mail, to the Issuer and the Company specifying the failure and requiring that it be remedied, which notice may be given by the Trustee in its discretion and shall be given by the Trustee at the written request of the Holders of not less than 50 percent in aggregate principal amount of Bonds then outstanding; provided, however, that if the Issuer shall proceed to take such curative action which, if begun and prosecuted with due and punctual payment diligence, cannot be completed within a period of all or any portion of Minimum Rent60 days, additional rent or any other monies payable by Tenant hereunder;then such period shall be increased to such extent as shall be necessary to enable the Issuer diligently to complete such curative action; and (d) If The occurrence and continuance of an Event of Default as defined in Section 7.1 of the Agreement. During the existence of an Event of Default, upon a decision by the Trustee to enforce or exercise any executionright, attachment remedy or other action shall be taken against Tenant or any or Tenant’s property whereupon the Demised Premises shall be taken, occupied or used by someone other than Tenant or any assignee or Sublessee permitted in strict accordance with Article 16, including the storage of any of Tenant’s property power available to it on behalf of another person the Holders (whether arising hereunder, under the Agreement or entity; or (e) If Tenant is delinquent existing at law, in equity or by statute or otherwise now or hereafter), concurrently with any action to enforce or exercise that right, remedy or power, except as provided below in this Article, the Trustee shall deposit any moneys received pursuant to any right given or action taken in the performance of or compliance with any Enforcement Account created hereby as a subaccount of the other covenants, agreements or conditions contained in this Lease, any other lease demising space Bond Fund. The Enforcement Account shall be maintained in the Building to Tenant, or any other written agreement between Landlord and Tenant pertaining to custody of the Demised PremisesTrustee as a separate bank account (except when invested in Eligible Investments). Following that transfer, the Building, and/or Trustee shall pay Bond Service Charges on the Real Estate. 34.2 Upon the occurrence of a Default, Landlord, at any time thereafter, may give written notice to Tenant specifying the nature of such Default. Tenant shall have five (5) business days Outstanding Bonds from the receipt of said notice (the “Cure Period”) to comply with or remedy any such Default, except Enforcement Account in the case of any Default presenting a clear order and present danger to life or property, which Tenant shall cure immediately upon request of Landlord or Managing Agent, written or otherwise. If such Default is not of an emergency nature, is other than due to the nonpayment of money, and shall be of a nature that the same cannot be substantially cured or remedied within said Cure Period, Tenant shall promptly give Landlord written notice of such fact, and Tenant shall diligently and in good faith proceed to remedy or cure such Default within a reasonable time, but in no event in excess of thirty (30) days. Neither the cost to Tenant of curing any Default nor Tenant’s financial or other inability to cure any Default (for whatever reason) shall operate to extend any Cure Period. Tenant’s failure to remedy such Default within the applicable time set forth in this Section shall be an “Event of Default”. 34.3 Tenant acknowledges that Landlord is obligated to make timely payments on obligations arising out of its ownership, operation, and financing of the Real Estate. In the event that the payment of any sum required to be paid by Tenant to Landlord under this Lease (including, without limiting the generality of the foregoing, Minimum Rent, additional rent, payment made by Landlord under any provision of this Lease for which Landlord is entitled to reimbursement by Xxxxxx, or for construction or other work performed by Landlord or its contractor specifically for Tenant) is not received by Landlord in good funds within seven (7) business days after the date on which it is due and payable or should any check from Tenant be returned to Landlord as uncollectible, then, notwithstanding any notice provision or Cure Period, Tenant shall pay Landlord, as additional rent, interest (“Interest”) at an annual rate equal to five hundred (500) basis points over the prime rate announced from time-to-time by Citibank, NA (or any successor thereto) (but subject to any maximum interest permitted by Law) on any amounts not received by Landlord from the date on which they became due and payable until the date they are received in full. In the event of nonpayment of any Interest provided for above, Landlord shall have, in addition to all other rights and remedies, all the rights and remedies provided for herein and by Law in the case of nonpayment of rent. Failure by Landlord or Managing Agent to insist upon the strict performance by Tenant of Tenant’s obligations to pay any Interest shall not constitute a waiver by Landlord of its rights to enforce the provisions of this Section in any instance thereafter occurring. Neither the provisions of this Section nor Tenant’s payment of any Interest shall be construed in any way to extend any time period provided for in this Lease or to Limit Landlord’s other remedies hereunder. Tenant’s obligation to pay any Interest as provided in this Section shall continue beyond the expiration or sooner termination or this Lease. 34.4 In addition Article. Whenever any Event of Default with respect to the provisions payment of Section 34.3, should Minimum Rent be received by Landlord or Managing Agent later than Bond Service Charges on the first day of the month on which it is due twice or more in any twelve-month period, Landlord mayBonds and all other Defaults are cured, in addition each case in the manner provided in Section 7.03 hereof, the Trustee shall transfer promptly all moneys in, including without limitation, all investments credited to, the Enforcement Account into the appropriate Fund. The declaration of an Event of Default and the exercise of rights, remedies and powers upon the declaration are subject to all other rights and remedies provided herein and by Lawany applicable limitations of federal bankruptcy law affecting or precluding the declaration or exercise during the pendency of or immediately following any bankruptcy, require that Tenant either (1) increase the amount of the Security by an additional amount equal to three (3) months’ of the then applicable Adjusted Minimum Rent liquidation or (2) deposit such amount as Security if none has previously been paidreorganization proceedings.

Defaults; Events of Default. 34.1 Tenant shall be in default under this Lease upon the The occurrence of any one or more of the following events (collectively, “Defaults”, is defined as and individually, a “Default”):declared to be and to constitute an Event of Default hereunder:. (a) If Tenant fails Failure to move into or take possession of the Demised Premises within fifteen (15) days after the Commencement Datepay when due any interest on any Bond; (b) If Payment of the Tenant vacates the Demised Premises for a period in excess principal of thirty (30) days other than during the month prior or any premium on any Bond shall not be made when and as that principal or premium shall become due and payable, whether at stated maturity, by redemption, pursuant to the Expiration Dateany mandatory sinking fund requirements, by acceleration or otherwise; (c) If Failure to pay on the Tenant is delinquent in Bond Purchase Date amounts due to the due and punctual payment Holder of all any Refunding Bonds or the Beneficial Owner of any portion of Minimum Rent, additional rent Beneficial Ownership Interests tendered or any other monies payable by Tenant hereunderdeemed tendered to the Trustee pursuant to Section 2.04 hereof or deemed to be tendered to the Trustee pursuant to Section 2.05 or Section 2.06 hereof; (d) If Failure by the Issuer to observe or perform any executionother covenant, attachment agreement or other action obligation on its part to be observed or performed contained in this Indenture or in the Bonds, which failure shall have continued for a period of 30 days after written notice, by registered or certified mail, to the Issuer, the Bank and the Borrower specifying the failure and requiring that it be remedied, which notice may be given by the Trustee in its discretion and shall be taken against Tenant given by the Trustee at the written request of the Bank or any or Tenant’s property whereupon the Demised Premises shall be taken, occupied or used by someone other Holders of not less than Tenant or any assignee or Sublessee permitted 25 percent in strict accordance with Article 16, including the storage aggregate principal amount of any of Tenant’s property on behalf of another person or entity; orBonds then outstanding; (e) If Tenant is delinquent The occurrence and continuation of an Event of Default as defined in the performance of or compliance with any Section 7.1 of the other covenantsAgreement; (f) Receipt by the Trustee of a written notice from the Bank that an Event of Default has occurred and is continuing under the Reimbursement Agreement and directing the Trustee to accelerate the maturity of the Refunding Bonds; (g) Failure of the Bank to honor any drawing in accordance with the terms of the Letter of Credit; (h) The Bank shall: (i) commence a proceeding under any Federal or state insolvency, agreements reorganization or conditions contained in this Lease, any other lease demising space in the Building to Tenantsimilar law, or have such a proceeding commenced against it and either have an order of insolvency or reorganization entered against it or have the proceeding remain undismissed and unstayed for 90 days; or (ii) have a receiver, conservator, liquidator or trustee appointed for it or for the whole or any other substantial part of its property; and (i) Receipt by the Trustee of written agreement between Landlord and Tenant pertaining to notice from the Demised Premises, Bank by the Building, and/or fifteenth day following the Real Estate. 34.2 Upon honoring of an interest drawing on the occurrence Letter of Credit (including the interest portion of a Default, Landlord, at any time thereafter, may give written notice drawing to Tenant specifying pay the nature purchase price of such Default. Tenant shall have five (5tendered Refunding Bonds) business days from the receipt of said notice (the “Cure Period”) to comply with or remedy any such Default, except in the case of any Default presenting a clear and present danger to life or property, which Tenant shall cure immediately upon request of Landlord or Managing Agent, written or otherwise. If such Default is not of an emergency nature, is other than due to the nonpayment of money, and shall be of a nature that the same canamount available to be drawn by the Trustee under the Letter of Credit has not be substantially cured or remedied within said Cure Period, Tenant shall promptly give Landlord written notice of such fact, and Tenant shall diligently and in good faith proceed been reinstated to remedy or cure such Default within a reasonable time, but in no event in excess of thirty (30) days. Neither the cost to Tenant of curing any Default nor Tenant’s financial or other inability to cure any Default (for whatever reason) shall operate to extend any Cure Period. Tenant’s failure to remedy such Default within the applicable time set forth in this Section shall be an “Event of Default”. 34.3 Tenant acknowledges that Landlord is obligated to make timely payments on obligations arising out of its ownership, operation, and financing amount not less than 100% of the Real Estate. In outstanding principal of, plus 56 days' interest on the event that the payment of any sum required to be paid by Tenant to Landlord under this Lease (including, without limiting the generality of the foregoing, Minimum Rent, additional rent, payment made by Landlord under any provision of this Lease for which Landlord is entitled to reimbursement by Xxxxxx, or for construction or other work performed by Landlord or its contractor specifically for Tenant) is not received by Landlord in good funds within seven (7) business days after the date on which it is due and payable or should any check from Tenant be returned to Landlord as uncollectible, then, notwithstanding any notice provision or Cure Period, Tenant shall pay Landlord, as additional rent, interest (“Interest”) at an annual rate equal to five hundred (500) basis points over the prime rate announced from time-to-time by Citibank, NA Refunding Bonds (or any successor thereto195 days' interest on the Refunding Bonds if the Interest Rate Mode on the Refunding Bonds is six months or longer) (but subject to any maximum interest permitted by Law) on any amounts not received by Landlord from computed at the date on which they became due and payable until the date they are received in full. In the event of nonpayment of any Interest provided for above, Landlord shall have, in addition to all other rights and remedies, all the rights and remedies provided for herein and by Law in the case of nonpayment of rent. Failure by Landlord or Managing Agent to insist upon the strict performance by Tenant of Tenant’s obligations to pay any Interest shall not constitute a waiver by Landlord of its rights to enforce the provisions of this Section in any instance thereafter occurring. Neither the provisions of this Section nor Tenant’s payment of any Interest shall be construed in any way to extend any time period provided for in this Lease or to Limit Landlord’s other remedies hereunder. Tenant’s obligation to pay any Interest as provided in this Section shall continue beyond the expiration or sooner termination or this LeaseMaximum Rate. 34.4 In addition to the provisions of Section 34.3, should Minimum Rent be received by Landlord or Managing Agent later than the first day of the month on which it is due twice or more in any twelve-month period, Landlord may, in addition to all other rights and remedies provided herein and by Law, require that Tenant either (1) increase the amount of the Security by an additional amount equal to three (3) months’ of the then applicable Adjusted Minimum Rent or (2) deposit such amount as Security if none has previously been paid.

Defaults; Events of Default. 34.1 Tenant The following shall be in default constitute an "event of default" under this Lease upon the occurrence of any one or more of the following events (collectively, “Defaults”, and individually, a “Default”):Agreement: (a) If Tenant fails to move into Default by Lakes Nipmuc in payment or take possession performance of the Demised Premises within fifteen (15) days after Obligations when and as the Commencement Datesame shall become due; (b) If Failure by the Tenant vacates Guarantor to perform or observe any other covenant, agreement or condition on his part contained in this Agreement, or under the Demised Premises for a period in excess of thirty (30) days other than during Development Agreement and/or the month prior to the Expiration DateManagement Agreement; (c) If The material inaccuracy or incompleteness of any material representation or warranty made in writing by or on behalf of the Tenant is delinquent Guarantor or Lakes Nipmuc in connection with the due and punctual payment of all transactions contemplated by this Agreement or any portion of Minimum Rent, additional rent or any other monies payable by Tenant hereunderthe Development Agreement and/or the Management Agreement; (d) If any executionThe Guarantor shall terminate or dissolve; or the Guarantor shall become insolvent or shall generally not be paying its debts as they become due, attachment or other action shall be taken against Tenant or any or Tenant’s property whereupon file a voluntary petition under the Demised Premises shall be taken, occupied or used by someone other than Tenant or any assignee or Sublessee permitted in strict accordance with Article 16, including the storage Bankruptcy Reform Act of any of Tenant’s property on behalf of another person or entity; or (e) If Tenant is delinquent in the performance of or compliance with any of the other covenants, agreements or conditions contained in this Lease, any other lease demising space in the Building to Tenant1978, or any other written agreement between Landlord amendatory or successor Federal legislation (the "Bankruptcy Code"), or shall admit in writing its inability to pay its debts as they become due, or shall file an answer admitting the jurisdiction of the court and Tenant pertaining the material allegations of any involuntary petition filed pursuant to the Demised PremisesBankruptcy Code, or an order for relief under the BuildingBankruptcy Code shall be entered; or the Guarantor shall make an assignment or arrangement or enter into a trust indenture for the benefit of its creditors, and/or or shall apply for or consent to the Real Estate. 34.2 Upon the occurrence appointment of any receiver, custodian or trustee for all or a Defaultsubstantial part of its property, Landlord, at any time thereafter, may give written notice to Tenant specifying the nature of such Default. Tenant shall have five (5) business days from the receipt of said notice (the “Cure Period”) to comply with or remedy any such Defaultreceiver, except in the case of any Default presenting a clear and present danger to life custodian or property, which Tenant trustee shall cure immediately upon request of Landlord or Managing Agent, written or otherwise. If such Default is not of an emergency nature, is other than due to the nonpayment of money, be appointed and shall be of a nature that the same cannot be substantially cured or remedied discharged within said Cure Period, Tenant shall promptly give Landlord written notice of such fact, and Tenant shall diligently and in good faith proceed to remedy or cure such Default within a reasonable time, but in no event in excess of thirty (30) days. Neither the cost to Tenant of curing any Default nor Tenant’s financial or other inability to cure any Default (for whatever reason) shall operate to extend any Cure Period. Tenant’s failure to remedy such Default within the applicable time set forth in this Section shall be an “Event of Default”. 34.3 Tenant acknowledges that Landlord is obligated to make timely payments on obligations arising out of its ownership, operation, and financing of the Real Estate. In the event that the payment of any sum required to be paid by Tenant to Landlord under this Lease (including, without limiting the generality of the foregoing, Minimum Rent, additional rent, payment made by Landlord under any provision of this Lease for which Landlord is entitled to reimbursement by Xxxxxx, or for construction or other work performed by Landlord or its contractor specifically for Tenant) is not received by Landlord in good funds within seven (7) business 60 days after the date on of such appointment; or the Guarantor shall suffer any judgment in excess of $10,000 to be entered against it, or any writ of attachment or execution or any similar process to be issued or levied against all or a substantial part of its other property, which it judgment, writ or process is due not discharged, released, stayed, bonded or vacated within 30 days after its entry, issue or levy. Notwithstanding any other term or provision in this Guaranty to the contrary, the events set forth in clauses 7(a) and payable or should any check from Tenant be returned (b) above shall not become "events of default" under this Guaranty until the same have been resolved pursuant to Landlord as uncollectiblethe dispute resolution provisions contained in the Development Agreement and the Management Agreement, thenand if arbitration is demanded, notwithstanding any notice provision or Cure Period, Tenant shall pay Landlordissuance of an arbitration award against the Lakes Nipmuc and/or the Guarantor, as additional rent, interest (“Interest”) at an annual rate equal to five hundred (500) basis points over the prime rate announced from time-to-time by Citibank, NA (or any successor thereto) (but subject to any maximum interest permitted by Law) on any amounts not received by Landlord from the date on which they became due and payable until the date they are received in full. In the event of nonpayment of any Interest provided for above, Landlord shall have, in addition to all other rights and remedies, all the rights and remedies provided for herein and by Law in the case of nonpayment of rent. Failure by Landlord or Managing Agent to insist upon the strict performance by Tenant of Tenant’s obligations to pay any Interest shall not constitute a waiver by Landlord of its rights to enforce the provisions of this Section in any instance thereafter occurring. Neither the provisions of this Section nor Tenant’s payment of any Interest shall be construed in any way to extend any time period provided for in this Lease or to Limit Landlord’s other remedies hereunder. Tenant’s obligation to pay any Interest as provided in this Section shall continue beyond the expiration or sooner termination or this Leaseapplicable. 34.4 In addition to the provisions of Section 34.3, should Minimum Rent be received by Landlord or Managing Agent later than the first day of the month on which it is due twice or more in any twelve-month period, Landlord may, in addition to all other rights and remedies provided herein and by Law, require that Tenant either (1) increase the amount of the Security by an additional amount equal to three (3) months’ of the then applicable Adjusted Minimum Rent or (2) deposit such amount as Security if none has previously been paid.