Common use of Duplicative Performance Not Required Clause in Contracts

Duplicative Performance Not Required. To the extent that any provisions of this Agreement require the Borrower to post additional collateral or security for the performance of Borrower’s or Leasehold Pledgor’s (or Owner’s or Operating Lessee’s) obligations hereunder or Owner’s and/or Operating Lessee’s obligations under the Mortgage Loan Documents, and Owner or Operating Lessee shall have posted collateral or security in respect of the same obligations pursuant to the Mortgage Loan Agreement, then Borrower shall have no obligation under this Agreement to post such additional collateral or security in connection therewith; provided, however, in the event the Mortgage Loan has been paid in full, any and all obligations of Owner and Operating Lessee under the Mortgage Loan Documents to have posted additional collateral or security in respect of the obligations of Owner and Operating Lessee pursuant to the Mortgage Loan Agreement shall instead be deemed to require that such additional collateral or security be posted in favor of Lender in respect of Borrower’s and Leasehold Pledgor’s obligations pursuant to this Agreement.

Duplicative Performance Not Required. To the extent that any provisions of this Agreement require the Borrower to post additional collateral or security for the performance of Borrower’s or Leasehold Pledgor’s (or Owner’s or Operating Lessee’s) obligations hereunder or Owner’s and/or Operating Lessee’s obligations under the Mortgage Loan Documents, and Owner or Operating Lessee shall have posted collateral or security in respect of the same obligations pursuant to the Mortgage Loan Agreement, then Borrower shall have no obligation under this Agreement to post such additional collateral or security in connection therewith; provided, however, in the event the Mortgage Loan has been paid in full, any and all obligations of Owner and Operating Lessee under the Mortgage Loan Documents to have posted additional collateral or security in respect of the obligations of Owner and Operating Lessee pursuant to the Mortgage Loan Agreement shall instead be deemed to require that such additional collateral or security be posted in favor of Lender in respect of Borrower’s and Leasehold Pledgor’s obligations pursuant to this Agreement.. -178- Mezzanine Loan Agreement

Duplicative Performance Not Required. To the extent that any provisions of this Agreement require the Borrower to post additional collateral or security for the performance of Borrower’s or Leasehold Pledgor’s (or Mezzanine A Borrower’s, Mezzanine A Leasehold Pledgor’s, Owner’s or Operating Lessee’s) obligations hereunder or Owner’s and/or Operating Lessee’s obligations under the Mortgage Loan Documents, and Owner or Operating Lessee shall have posted collateral or security in respect of the same obligations pursuant to the Mortgage Loan Agreement, then Borrower shall have no obligation under this Agreement to post such additional collateral or security in connection therewith; provided, however, in the event the Mortgage Loan has and Mezzanine A Loans have been paid in full, any and all obligations of Owner and Operating Lessee under the Mortgage Loan Documents to have posted additional collateral or security in respect of the obligations of Owner and Operating Lessee pursuant to the Mortgage Loan Agreement shall instead be deemed to require that such additional collateral or security be posted in favor of Lender in respect of Borrower’s and Leasehold Pledgor’s obligations pursuant to this Agreement.