Common use of Forbearance by Lessor Clause in Contracts

Forbearance by Lessor. If any default shall occur which entitles Lessor to terminate this Lease, Lessor shall have no right to terminate this Lease unless, following the expiration of the period of time given to Lessee to cure such default, Lessor shall notify any beneficiary under a deed of trust covering all or any part of the leased land ("Mortgagee") of Lessor's intent to so terminate at least thirty (30) days in advance of the proposed effective date of such termination (the "Termination Notice"). Lessor shall have no right to terminate this Lease if after delivering the Termination Notice to Mortgagee any of the following occurs: (a) In the case of a default in the payment of royalties, Mortgagee shall notify Lessor of Mortgagee's desire to cure such default, and Mortgagee shall pay or cause to be paid all royalties, and any other payments then due and in arrears as specified in the Termination Notice, as well as such sums which may become due during such thirty day period, or extended period as provided in subsection (c) below; (b) In the case of a default which does not involve the payment of money but is reasonably susceptible of being cured by Mortgagee, Mortgagee shall notify Lessor of Mortgagee's desire to cure such default, and Mortgagee shall comply, or in good faith and with reasonable diligence commence to comply, with all such nonmonetary requirements of this Lease then in default and diligently pursue such cure to completion, subject to paragraph 17; (a) In the case of a default not reasonably susceptible of being cured by Mortgagee, including failure of production, or in the event Mortgagee is complying with the requirements of subsections (a) or (b) above, this Lease shall not terminate provided (i) within ninety (90) days after the giving by Lessor of the Termination Notice, Mortgagee gives written notice to Lessor of Mortgagee's intention to foreclose its deed of trust, and (ii) Mortgagee, within ninety (90) days after the giving of the Termination Notice commences foreclosure or similar proceedings under its deed of trust for the purpose of acquiring Lessee's interest in this Lease and thereafter diligently prosecutes the same (provided however, that if Mortgagee is restrained by a court of competent jurisdiction from so proceeding, the time periods set forth above shall be tolled), and (iii) either Mortgagee or any other purchaser of Lessee's interest under this Lease, within a reasonable time after the acquisition of such interest, commences production, or otherwise cures all defaults hereunder susceptible of being cured by Mortgagee or such purchaser. No cancellation, surrender or modification of this Lease shall be effective unless consented to in writing by any Mortgagee.

Forbearance by Lessor. If any default shall occur which entitles Lessor to terminate this Lease, Lessor shall have no right to terminate this Lease unless, following the expiration of the period of time given to Lessee to cure such default, Lessor shall notify any beneficiary under a deed of trust covering all or any part of the leased land ("Mortgagee") of Lessor's intent to so terminate at least thirty (30) days in advance of the proposed effective date of such termination (the "Termination Notice"). Lessor shall have no right to terminate this Lease if after delivering the Termination Notice to Mortgagee any of the following occurs:terminate (a) In the case of a default in the payment of royalties, Mortgagee shall notify Lessor of Mortgagee's desire to cure such default, and Mortgagee shall pay or cause to be paid all royalties, and any other payments then due and in arrears as specified in the Termination Notice, as well as such sums which may become due during such thirty day period, or extended period as provided in subsection (c) below; (b) In the case of a default which does not involve the payment of money but is reasonably susceptible of being cured by Mortgagee, Mortgagee shall notify Lessor of Mortgagee's desire to cure such default, and Mortgagee shall comply, or in good faith and with reasonable diligence commence to comply, with all such nonmonetary requirements of this Lease then in default and diligently pursue such cure to completion, subject to paragraph 17; (ac) In the case of a default not reasonably susceptible of being cured by Mortgagee, including failure of production, or in the event Mortgagee is complying with the requirements of subsections (a) or (b) above, this Lease shall not terminate provided (i) within ninety (90) days after the giving by Lessor of the Termination Notice, Mortgagee gives written notice to Lessor of Mortgagee's intention to foreclose its deed of trust, and (ii) Mortgagee, within ninety (90) days after the giving of the Termination Notice commences foreclosure or similar proceedings under its deed of trust for the purpose of acquiring Lessee's interest in this Lease and thereafter diligently prosecutes the same (provided however, that if Mortgagee is restrained by a court of competent jurisdiction from so proceeding, the time periods set forth above shall be tolled), and (iii) either Mortgagee or any other purchaser of Lessee's interest under this Lease, within a reasonable time after the acquisition of such interest, commences production, or otherwise cures all defaults hereunder susceptible of being cured by Mortgagee or such purchaser. No cancellation, surrender or modification of this Lease shall be effective unless consented to in writing by any Mortgagee.

Forbearance by Lessor. If any default shall occur which entitles Lessor to terminate this LeaseSo long as there is a Mortgage on Tenant's leasehold estate, Lessor shall have no right will not exercise any right, power or remedy with respect to terminate this Lease unlessany Event of Default hereunder (other than to seek monetary relief from Tenant or equitable relief to preserve Phase 1A and the Phase 1A Improvements, following the expiration of the period of time given to Lessee to cure such defaultif permitted under Article 24), Lessor shall notify any beneficiary under a deed of trust covering all or any part of the leased land ("Mortgagee") of Lessor's intent to so terminate at least thirty (30) days in advance of the proposed effective date of such termination (the "Termination Notice"). Lessor shall have no right to terminate this Lease if after delivering the Termination Notice to Mortgagee any of the following occurs:if (a) In in the case of a default an Event of Default in the payment of royaltiesHolding Rent, Base Rent or Additional Rent or Escalation Rent (but only to the extent to which Mortgagee shall notify Lessor of Mortgagee's desire to cure such default, and Mortgagee shall pay or cause to be paid all royalties, and any other payments then due and in arrears as specified in the Termination Notice, as well as such sums which may become due during such thirty day period, or extended period is subordinate thereto as provided in subsection (c) below; (b) In the case of a default which does not involve the payment of money but is reasonably susceptible of being cured by MortgageeSection 21.2), Mortgagee shall notify Lessor of Mortgagee's desire to cure such defaultshall, and Mortgagee shall comply, or in good faith and with reasonable diligence commence to comply, with all such nonmonetary requirements of this Lease then in default and diligently pursue such cure to completion, subject to paragraph 17; (a) In the case of a default not reasonably susceptible of being cured by Mortgagee, including failure of production, or in the event Mortgagee is complying with the requirements of subsections (a) or (b) above, this Lease shall not terminate provided (i) within ninety (90) days after giving of the notice by Lessor that such Event of Default exists, pay such Holding Rent, Base Rent, Additional Rent or Escalation Rent (but only to the extent which Mortgagee is subordinate as provided in Section 21.2); or (b) in the case of any other Event of Default, (i) Mortgagee, within one hundred eighty (180) days after the giving by Lessor of the Termination Noticenotice that such Event of Default exists, Mortgagee gives written notice to Lessor of Mortgagee's intention to foreclose its deed of trustMortgage, and (ii) Mortgagee, within ninety such same one hundred eighty (90180) days day period after the giving of the Termination Notice such notice by Lessor, commences foreclosure or similar proceedings under its deed of trust the Mortgage for the purpose of acquiring LesseeTenant's interest in this Lease and thereafter diligently prosecutes the same (provided provided, however, that if Mortgagee is restrained by a court of competent jurisdiction or by reason of any law, regulation, order or rule from so proceeding, the time periods set forth above shall be tolledtolled and if the default with respect to which such Event of Default was declared is cured, Mortgagee may discontinue such proceedings), and (iii) either Mortgagee or any other purchaser or transferee of LesseeTenant's interest under this Lease, whether at a judicial foreclosure, trustee's sale or by deed or assignment in lieu of foreclosure within a reasonable time after the acquisition of such interest, commences production, or otherwise cures all defaults hereunder susceptible of being cured by Mortgagee or such purchaser. No cancellationpurchaser other than obligations of Tenant to satisfy or discharge any lien, surrender charge or modification encumbrance junior in priority to the lien of this Lease the Mortgage; provided that neither Mortgagee nor any such purchaser or transferee nor any successor shall, in order to preserve the leasehold estate, be obliged to pay any Participation Rent or Supplemental Rent accrued prior to such transfer or any Escalation Rent to which Mortgagee was not subordinate as provided in Section 21.2; and, provided further, that Lessor shall in no event be effective required to forbear hereunder unless consented Mortgagee shall within ninety (90) days after the giving of notice by Lessor pay all Holding Rent, Base Rent and Additional Rent and Escalation Rent (but only to the extent to which Mortgagee is subordinate thereto under Section 21.2), and in writing by any Mortgageerespect of which there exists an Event of Default.

Forbearance by Lessor. If any default shall occur which entitles Lessor to terminate this Lease, Lessor shall have no right to terminate this Lease unless, following the expiration of the period of time given to Lessee to cure such default, Lessor shall notify any beneficiary under a deed of trust covering all or any part of the leased land ("Mortgagee") of Lessor's intent to so terminate at least thirty (30) days in advance of the proposed effective date of such termination (the "Termination Notice"). Lessor shall have no right to terminate this Lease if after delivering the Termination Notice to Mortgagee any of the following occurs:terminate (a) In the case of a default in the payment of royalties, Mortgagee shall notify Lessor of Mortgagee's desire to cure such default, and Mortgagee shall pay or cause to be paid all royalties, and any other payments then due and in arrears as specified in the Termination Notice, as well as such sums which may become due during such thirty day period, or extended period as provided in subsection (c) below; (b) In the case of a default which does not involve the payment of money but is reasonably susceptible of being cured by Mortgagee, Mortgagee shall notify Lessor of Mortgagee's desire to cure such default, and Mortgagee shall comply, or in good faith and with reasonable diligence commence to comply, with all such nonmonetary requirements of this Lease then in default and diligently pursue such cure to completion, subject to paragraph Paragraph 17; (ac) In the case of a default not reasonably susceptible of being cured by MortgageeMortgage, including failure of production, or in the event Mortgagee is complying with the requirements of subsections (a) or (b) above, this Lease shall not terminate provided (i) within ninety (90) days after the giving by Lessor of the Termination Notice, Mortgagee gives written notice to Lessor of Mortgagee's intention to foreclose its deed of trust, and (ii) Mortgagee, within ninety (90) days after the giving of the Termination Notice commences foreclosure or similar proceedings under its deed of trust for the purpose of acquiring Lessee's interest in this Lease and thereafter diligently prosecutes the same (provided however, that if Mortgagee is restrained by a court of competent jurisdiction from so proceeding, the time periods set forth above shall be tolled______), and (iii) either Mortgagee or any other purchaser of Lessee's interest under this Lease, within a reasonable time after the acquisition of such interest, commences production, or otherwise cures all defaults hereunder susceptible of being cured by Mortgagee or such purchaser. No cancellation, surrender or modification of this Lease shall be effective unless consented to in writing by any Mortgagee.