Common use of Landlord’s Right to Cure Tenant’s Default Clause in Contracts

Landlord’s Right to Cure Tenant’s Default. If Tenant shall fail to make any payment or to perform any act required to be made or performed hereunder when due including, without limitation, if Tenant fails to expend any Required Capital Expenditures as required hereunder or fails to complete any work or restoration or replacement of any nature as required hereunder, or if Tenant shall take any action prohibited hereunder, or if Tenant shall breach any representation or warranty comprising Additional Fee Mortgagee Requirements (and Landlord reasonably determines that such breach could be expected to give rise to an event of default or an indemnification obligation of Landlord under the applicable Fee Mortgage), or Tenant fails to comply with any Additional Fee Mortgagee Requirements (other than representations and warranties), in all cases, after the expiration of any cure period provided for herein, Landlord, without waiving or releasing any obligation or default, may, but shall be under no obligation to, (i) make such payment or perform such act for the account and at the expense of Tenant (including, in the event of a breach of any such representation or warranty, taking actions to cause such representation or warranty to be true), and may, to the extent permitted by law, enter upon the Leased Property for such purpose and take all such action thereon as, in Landlord’s reasonable opinion, may be necessary or appropriate therefor, and (ii) subject to the terms of the applicable Fee Mortgage Documents, use funds in any Fee Mortgage Reserve Account for the purposes for which they were deposited in making any such payment or performing such act. All sums so paid by Landlord and all costs and expenses, including reasonable attorneys’ fees and expenses, so incurred, together with interest thereon at the Overdue Rate from the date on which such sums or expenses are paid or incurred by Landlord, shall be paid by Tenant to Landlord on demand as an Additional Charge.

Landlord’s Right to Cure Tenant’s Default. If Tenant an Event of Default shall fail to make any payment or to perform any act required to have occurred and be made or performed hereunder when due including, without limitation, if Tenant fails to expend any Required Capital Expenditures as required hereunder or fails to complete any work or restoration or replacement of any nature as required hereunder, or if Tenant shall take any action prohibited hereunder, or if Tenant shall breach any representation or warranty comprising Additional Fee Mortgagee Requirements (and Landlord reasonably determines that such breach could be expected to give rise to an event of default or an indemnification obligation of Landlord under the applicable Fee Mortgage), or Tenant fails to comply with any Additional Fee Mortgagee Requirements (other than representations and warranties), in all cases, after the expiration of any cure period provided for hereincontinuing, Landlord, without waiving or releasing any obligation or defaultEvent of Default, may, may (but shall be under no obligation to, (i) at any time thereafter make such payment or perform such act for the account and at the expense of Tenant (including, in the event of a breach of any such representation or warranty, taking actions to cause such representation or warranty to be true)Tenant, and may, to the extent permitted by law, enter upon the applicable Leased Property or any portion thereof for such purpose and take all such action thereon as, in Landlord’s reasonable opinion, may be necessary or appropriate therefortherefor including, and (ii) subject without limitation, to the terms fullest extent permitted by law, repossessing the Leased Property and ejecting any Person or property thereon. No such entry shall be deemed an eviction of the applicable Fee Mortgage Documents, use funds in any Fee Mortgage Reserve Account for the purposes for which they were deposited in making any such payment or performing such actTenant. All reasonable sums so paid by Landlord and all costs and expenses, expenses (including reasonable attorneys’ fees and expenses, in each a case, to the extent permitted by law) so incurred, together with interest thereon (to the extent permitted by law) at the Overdue Rate from the date on which such sums or expenses are paid or incurred by Landlord, shall be paid by Tenant to Landlord on demand as an Additional Chargedemand. The obligations of Tenant and rights of Landlord contained in this Article shall survive the expiration or earlier termination of this Lease.

Landlord’s Right to Cure Tenant’s Default. If Tenant an Event of Default shall fail have occurred and be continuing, in addition to make any payment or to perform any act required to be made or performed hereunder when due including, without limitation, if Tenant fails to expend any Required Capital Expenditures as required hereunder or fails to complete any work or restoration or replacement and not in limitation of any nature as required hereunder, or if Tenant shall take any action prohibited hereunder, or if Tenant shall breach any representation or warranty comprising Additional Fee Mortgagee Requirements (and Landlord reasonably determines that such breach could be expected to give rise to an event of default or an indemnification obligation all other rights and remedies of Landlord under the applicable Fee Mortgage)this Lease, at law or Tenant fails to comply with any Additional Fee Mortgagee Requirements (other than representations in equity, and warranties), in all cases, after the expiration of any cure period provided for herein, Landlord, without waiving or releasing any Event of Default or any obligation or defaultliability of Tenant hereunder, may, Landlord may (but shall be under no obligation to, (i) make such payment payments or perform such act acts for the account and at the expense of Tenant (including, in the event of a breach of any such representation or warranty, taking actions to cause such representation or warranty to be true)Tenant, and may, to the extent permitted by law, may enter upon the Leased Property applicable Demised Premises or any applicable portion thereof for such purpose purposes and take all such action thereon asother actions at such Demised Premises, in Landlord’s reasonable opinion, each case as may be necessary or appropriate thereforin Landlord’s sole discretion; provided, and (ii) subject to the terms of the applicable Fee Mortgage Documentshowever, use funds in any Fee Mortgage Reserve Account for the purposes for which they were deposited in making that neither any such payment entry or performing action by Landlord nor any repossession or expulsion of any Person by Landlord from any Demised Premises pursuant to this Article XIII shall constitute an actual or constructive eviction or repossession without, in each case, Landlord’s clear and unambiguous expression in writing of its intention to effect such actan eviction. All sums so paid by Landlord and all sums, costs and expenses, expenses (including reasonable attorneys’ fees and expenses, so incurred) incurred or paid by Landlord in connection with the foregoing, together with interest thereon at the Overdue Default Rate from the date on which such sums or expenses are were so paid or incurred until repaid by LandlordTenant, shall be paid by Tenant to Landlord on as Additional Rent upon Landlord’s demand as an Additional Chargetherefor. The obligations of Tenant and rights of Landlord set forth in this Article XIII shall survive any EOD Termination or any other expiration or earlier termination of this Lease.

Landlord’s Right to Cure Tenant’s Default. If Tenant (i) a Default shall fail to make any payment or to perform any act required to be made or performed hereunder when due including, without limitation, if Tenant fails to expend any Required Capital Expenditures as required hereunder or fails to complete any work or restoration or replacement of any nature as required hereunder, or if Tenant shall take any action prohibited hereunder, or if Tenant shall breach any representation or warranty comprising Additional Fee Mortgagee Requirements (have occurred and Landlord reasonably determines that such breach could be expected to give rise to an event of default or an indemnification obligation is continuing which in the reasonable judgment of Landlord under requires immediate action on the applicable Fee Mortgage)part of Landlord or (ii) an Event of Default shall have occurred and is continuing, or Tenant fails to comply with any Additional Fee Mortgagee Requirements (other than representations and warranties), in all casesLandlord, after the expiration of any cure period provided for herein, LandlordNotice to Tenant (which Notice need not precede such action if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant and without waiving or defaultreleasing any Event of Default, may, may (but shall not be under no obligation obligated to), (i) at any time thereafter, make such payment or perform such act for the account and at the expense of Tenant (including, in the event of a breach of any such representation or warranty, taking actions to cause such representation or warranty to be true)Tenant, and may, to the maximum extent permitted by law, enter upon the Leased Property or any portion thereof for such purpose and take all such action thereon as, in Landlord’s reasonable opinion's sole and absolute discretion, may be necessary or appropriate therefor, and (ii) subject to including the terms management of the applicable Fee Mortgage DocumentsFacility by Landlord or its designee, use funds and Tenant hereby irrevocably appoints, in any Fee Mortgage Reserve Account the event of such election by Landlord, Landlord or its designee as the operator of the Facility and its attorney in fact for such purpose, irrevocably and coupled with an interest, in the purposes for which they were deposited in making any name, place and stead of Tenant. No such payment or performing such actentry shall be deemed an eviction of Tenant. All sums so paid reasonable costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by Landlord and all costs and expenses, including reasonable attorneys’ fees and expenses, so incurredin connection therewith, together with interest thereon (to the extent permitted by law) at the Overdue Rate from the date on which such sums or expenses are paid or incurred by LandlordLandlord until repaid, shall be paid by Tenant to Landlord Landlord, on demand as an Additional Chargedemand.

Landlord’s Right to Cure Tenant’s Default. If Tenant an Event of Default shall fail to make any payment or to perform any act required to have occurred and be made or performed hereunder when due includingcontinuing, without limitation, if Tenant fails to expend any Required Capital Expenditures as required hereunder or fails to complete any work or restoration or replacement of any nature as required hereunder, or if Tenant shall take any action prohibited hereunder, or if Tenant shall breach any representation or warranty comprising Additional Fee Mortgagee Requirements (and Landlord reasonably determines that such breach could be expected to give rise to an event of default or an indemnification obligation of Landlord under the applicable Fee Mortgage), or Tenant fails to comply with any Additional Fee Mortgagee Requirements (other than representations and warranties), in all casesLandlord, after the expiration of any cure period provided for herein, LandlordNotice to Tenant (which Notice shall not be required if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant and without waiving or defaultreleasing any Event of Default, may, may (but shall not be under no obligation obligated to), (i) at any time thereafter, make such payment or perform such act for the account and at the expense of Tenant (including, in the event of a breach of any such representation or warranty, taking actions to cause such representation or warranty to be true)Tenant, and may, to the maximum extent permitted by law, enter upon any of the Collective Leased Property Properties or any portion thereof for such purpose and take all such action thereon as, in Landlord’s reasonable opinion's sole and absolute discretion, may be necessary or appropriate therefor, and (ii) subject to including the terms management of the applicable Fee Mortgage DocumentsFacility located thereon by Landlord or its designee, use funds and Tenant hereby irrevocably appoints, in any Fee Mortgage Reserve Account for the purposes for which they were deposited in making event of such election by Landlord, Landlord or its designee as manager of any such payment or performing Facility and its attorney in fact for such actpurpose, irrevocably and coupled with an interest, in the name, place and stead of Tenant. No such entry shall be deemed an eviction of Tenant. All sums so paid reasonable costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by Landlord and all costs and expenses, including reasonable attorneys’ fees and expenses, so incurredin connection therewith, together with interest thereon (to the extent permitted by law) at the Overdue Rate from the date on which such sums or expenses are paid or incurred by LandlordLandlord until repaid, shall be paid by Tenant to Landlord Landlord, on demand as an Additional Chargedemand.

Landlord’s Right to Cure Tenant’s Default. If Tenant an Event of Default shall fail have occurred and be continuing, in addition to make any payment or to perform any act required to be made or performed hereunder when due including, without limitation, if Tenant fails to expend any Required Capital Expenditures as required hereunder or fails to complete any work or restoration or replacement and not in limitation of any nature as required hereunder, or if Tenant shall take any action prohibited hereunder, or if Tenant shall breach any representation or warranty comprising Additional Fee Mortgagee Requirements (and Landlord reasonably determines that such breach could be expected to give rise to an event of default or an indemnification obligation of Landlord under the applicable Fee Mortgage), or Tenant fails to comply with any Additional Fee Mortgagee Requirements (all other than representations rights and warranties), in all cases, after the expiration of any cure period provided for hereinremedies, Landlord, without waiving or releasing any obligation or defaultEvent of Default, may, may (but shall be under no obligation to, (i) at any time thereafter make such payment or perform such act for the account and at the expense of Tenant (including, in the event of a breach of any such representation or warranty, taking actions to cause such representation or warranty to be true)Tenant, and may, to the extent permitted by law, enter upon the Leased Property applicable Demised Premises or any portion thereof for such purpose and take all such action thereon as, in Landlord’s reasonable opinion, may be necessary or appropriate therefortherefor including, and (ii) subject without limitation, to the terms fullest extent permitted by law, repossessing the Demised Premises and ejecting any Person or property thereon; provided, however, that no such entry or action by Landlord shall constitute an actual or constructive eviction or repossession, without Landlord’s express intention to do so as expressed in writing. No such entry shall be deemed an eviction of the applicable Fee Mortgage Documents, use funds in any Fee Mortgage Reserve Account for the purposes for which they were deposited in making any such payment or performing such actTenant. All reasonable sums so paid by Landlord and all costs and expenses, expenses (including reasonable attorneys’ fees and expenses, in each a case, to the extent permitted by law) so incurred, together with interest thereon (to the maximum extent permitted by law) at the Overdue Rate from the date on which such sums or expenses are paid or incurred by Landlord, shall be paid by Tenant to Landlord on demand as an Additional Chargedemand. The obligations of Tenant and rights of Landlord contained in this Article XIII shall survive the expiration or earlier termination of this Master Lease.

Landlord’s Right to Cure Tenant’s Default. If Tenant shall fail to make any payment or to perform any act required to be made or performed hereunder when due including, without limitation, if Tenant fails to expend any Required Capital Expenditures as required hereunder or fails to complete any work or restoration or replacement of any nature as required hereunder, or if Tenant shall take any action prohibited hereunder, or if Tenant shall breach any representation or warranty comprising Additional Fee Mortgagee Requirements (and Landlord reasonably determines that such breach could be expected to give rise to an event of default or an indemnification obligation of Landlord under the applicable Fee MortgageMortgage Documents), or Tenant fails to comply with any Additional Fee Mortgagee Requirements (other than representations and warranties), in all cases, after the expiration of any cure period provided for herein, LandlordLandlord and/or its Affiliates, without waiving or releasing any obligation or default, may, but shall be under no obligation to, (i) make such payment or perform such act (or reimburse any Fee Mortgagee for making such payment or performing such act) for the account and at the expense of Tenant (including, in the event of a breach of any such representation or warranty, taking actions to cause such representation or warranty to be true), and may, to the extent permitted by law, enter upon the Leased Property for such purpose and take all such action thereon as, in Landlord’s reasonable opinion, may be necessary or appropriate therefor, and and, (ii) subject to the terms of the applicable Fee Mortgage Documents, use funds in any Fee Mortgage Reserve Account for the purposes for which they were deposited in making any such payment or performing such act. All sums so paid (or reimbursed) by Landlord and/or any of its Affiliates and all costs and expenses, including reasonable attorneys’ fees and expenses, so incurred, together with interest thereon at the Overdue Rate from the date on which such sums or expenses are paid or incurred by LandlordLandlord and/or any of its Affiliates, shall be paid by Tenant to Landlord on demand as an Additional Charge.

Landlord’s Right to Cure Tenant’s Default. If Tenant an Event of Default shall fail to make any payment or to perform any act required to have occurred and be made or performed hereunder when due includingcontinuing, without limitation, if Tenant fails to expend any Required Capital Expenditures as required hereunder or fails to complete any work or restoration or replacement of any nature as required hereunder, or if Tenant shall take any action prohibited hereunder, or if Tenant shall breach any representation or warranty comprising Additional Fee Mortgagee Requirements (and Landlord reasonably determines that such breach could be expected to give rise to an event of default or an indemnification obligation of Landlord under the applicable Fee Mortgage), or Tenant fails to comply with any Additional Fee Mortgagee Requirements (other than representations and warranties), in all casesLandlord, after the expiration of any cure period Notice to Tenant (provided for herein, Landlordthat no such Notice shall be required if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant and without waiving or defaultreleasing any Event of Default, may, may (but shall not be under no obligation obligated to), (i) at any time thereafter, make such payment or perform such act for the account and at the expense of Tenant (including, in the event of a breach of any such representation or warranty, taking actions to cause such representation or warranty to be true)Tenant, and may, to the extent permitted by law, enter upon the Leased Property Property, or any portion thereof, for such purpose and take all such action thereon as, in Landlord’s reasonable opinionsole and absolute discretion, may be necessary or appropriate therefor, including the management of any Facility by Landlord or its designee, and (ii) subject to Tenant hereby irrevocably appoints, in the terms event of the applicable Fee Mortgage Documentssuch election by Landlord, use funds in any Fee Mortgage Reserve Account for the purposes for which they were deposited in making Landlord or its designee as manager of any such payment or performing Facility and its attorney in fact for such actpurpose, irrevocably and coupled with an interest in the name and stead of Tenant. No such entry shall be deemed an eviction of Tenant. All sums so paid by Landlord and all costs and expensesexpenses (including, including without limitation, reasonable attorneys’ fees and expenses, so incurredfees) incurred by Landlord in connection therewith, together with interest thereon (to the extent permitted by law) at the Overdue Rate from the date on which such sums or expenses are paid or incurred by LandlordLandlord until repaid, shall be paid by Tenant to Landlord Landlord, on demand as an Additional Chargedemand.

Landlord’s Right to Cure Tenant’s Default. If Tenant an Event of Default shall fail to make any payment or to perform any act required to have occurred and be made or performed hereunder when due includingcontinuing, without limitation, if Tenant fails to expend any Required Capital Expenditures as required hereunder or fails to complete any work or restoration or replacement of any nature as required hereunder, or if Tenant shall take any action prohibited hereunder, or if Tenant shall breach any representation or warranty comprising Additional Fee Mortgagee Requirements (and Landlord reasonably determines that such breach could be expected to give rise to an event of default or an indemnification obligation of Landlord under the applicable Fee Mortgage), or Tenant fails to comply with any Additional Fee Mortgagee Requirements (other than representations and warranties), in all casesLandlord, after the expiration of any cure period provided for herein, LandlordNotice to Tenant (which Notice shall not be required if Landlord shall reasonably determine in good faith immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant and without waiving or defaultreleasing any Event of Default, may, may (but shall not be under no obligation obligated to), (i) at any time thereafter, make such payment or perform such act for the account and at the expense of Tenant (including, in the event of a breach of any such representation or warranty, taking actions to cause such representation or warranty to be true)Tenant, and may, to the maximum extent permitted by law, enter upon any of the Collective Leased Property Properties or any portion thereof for such purpose and take all such action thereon as, in Landlord’s 's reasonable opiniondiscretion, in good faith, may be necessary or appropriate therefor, and (ii) subject to including the terms management of the applicable Fee Mortgage DocumentsFacility located thereon by Landlord or its designee, use funds and Tenant hereby irrevocably appoints, in the event of such election by Landlord, upon the occurrence and during the continuance of any Fee Mortgage Reserve Account for the purposes for which they were deposited in making Event of Default, Landlord or its designee as manager of any such payment or performing Facility and its attorney in fact for such actpurpose, irrevocably and coupled with an interest, in the name, place and stead of Tenant. No such entry shall be deemed an eviction of Tenant. All sums so paid reasonable costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by Landlord and all costs and expenses, including reasonable attorneys’ fees and expenses, so incurredin connection therewith, together with interest thereon (to the extent permitted by law) at the Overdue Rate from the date on which such sums or expenses are paid or incurred by LandlordLandlord until repaid, shall be paid by Tenant to Landlord Landlord, on demand as an Additional Chargedemand.

Landlord’s Right to Cure Tenant’s Default. If Tenant an Event of Default shall fail to make any payment or to perform any act required to have occurred and be made or performed hereunder when due includingcontinuing, without limitation, if Tenant fails to expend any Required Capital Expenditures as required hereunder or fails to complete any work or restoration or replacement of any nature as required hereunder, or if Tenant shall take any action prohibited hereunder, or if Tenant shall breach any representation or warranty comprising Additional Fee Mortgagee Requirements (and Landlord reasonably determines that such breach could be expected to give rise to an event of default or an indemnification obligation of Landlord under the applicable Fee Mortgage), or Tenant fails to comply with any Additional Fee Mortgagee Requirements (other than representations and warranties), in all casesLandlord, after the expiration of any cure period written notice to Tenant (provided for herein, Landlordthat no such notice shall be required if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant, and without waiving or defaultreleasing any Event of Default, may, may (but shall not be under no obligation obligated to), (i) at any time thereafter, make such payment or perform such act for the account and at the expense of Tenant (including, in the event of a breach of any such representation or warranty, taking actions to cause such representation or warranty to be true)Tenant, and may, to the extent permitted by law, enter upon the Leased Property Property, or any portion thereof, for such purpose and take all such action thereon as, in Landlord’s reasonable 's opinion, may be necessary or appropriate therefor, and (ii) subject to including, the terms management of the applicable Fee Mortgage DocumentsFacility by Landlord or its designee, use funds and Tenant hereby irrevocably appoints, in any Fee Mortgage Reserve Account the event of such election by Landlord, Landlord or its designee as manager of the Facility and its attorney in fact for such purpose, irrevocably and coupled with an interest, in the purposes for which they were deposited in making any such payment or performing such actname, place and stead of Tenant. All sums so paid costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by Landlord and all costs and expenses, including reasonable attorneys’ fees and expenses, so incurredin connection therewith, together with interest thereon (to the extent permitted by law) at the Overdue Rate from the date on which such sums or expenses are paid or incurred by LandlordLandlord until repaid, shall be paid by Tenant to Landlord Landlord, on demand as an Additional Chargedemand.

Landlord’s Right to Cure Tenant’s Default. If Tenant an Event of Default shall fail to make any payment or to perform any act required to have occurred and be made or performed hereunder when due includingcontinuing, without limitation, if Tenant fails to expend any Required Capital Expenditures as required hereunder or fails to complete any work or restoration or replacement of any nature as required hereunder, or if Tenant shall take any action prohibited hereunder, or if Tenant shall breach any representation or warranty comprising Additional Fee Mortgagee Requirements (and Landlord reasonably determines that such breach could be expected to give rise to an event of default or an indemnification obligation of Landlord under the applicable Fee Mortgage), or Tenant fails to comply with any Additional Fee Mortgagee Requirements (other than representations and warranties), in all casesLandlord, after the expiration of any cure period written notice to Tenant (provided for herein, Landlordthat no such notice shall be required if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant, and without waiving or defaultreleasing any Event of Default, may, may (but shall not be under no obligation obligated to), (i) at any time thereafter, make such payment or perform such act for the account and at the expense of Tenant (including, in the event of a breach of any such representation or warranty, taking actions to cause such representation or warranty to be true)Tenant, and may, to the extent permitted by law, enter upon the Leased Property Property, or any portion thereof, for such purpose and take all such action thereon as, in Landlord’s reasonable 's opinion, may be necessary or appropriate therefor, and (ii) subject to including, the terms management of the applicable Fee Mortgage DocumentsFacility by Landlord or its designee, use funds and Tenant hereby irrevocably appoints, in any Fee Mortgage Reserve Account the event of such election by Landlord, Landlord or its designee as manager of the Facility and its attorney in fact for such purpose, irrevocably and coupled with an interest, in the purposes for which they were deposited in making any such payment or performing such actname, place and stead of Tenant. All sums so paid costs and expenses (including, without limitation, reasonable attorneys, fees) incurred by Landlord and all costs and expenses, including reasonable attorneys’ fees and expenses, so incurredin connection therewith, together with interest thereon (to the extent permitted by law) at the Overdue Rate from the date on which such sums or expenses are paid or incurred by LandlordLandlord until repaid, shall be paid by Tenant to Landlord Landlord, on demand as an Additional Chargedemand.

Landlord’s Right to Cure Tenant’s Default. If Tenant shall fail fails to make any payment or to perform any act required to be made or performed hereunder when due includingunder this Lease, without limitation, if Tenant and fails to expend any Required Capital Expenditures as required hereunder cure the same within the relevant time periods provided in the definition of Event of Default in Section 2.1 hereof or fails to complete any work or restoration or replacement of any nature as required hereunderelsewhere in this Lease, or if Tenant Landlord may (but shall take any action prohibited hereunder, or if Tenant shall breach any representation or warranty comprising Additional Fee Mortgagee Requirements (and Landlord reasonably determines that such breach could not be expected to give rise to an event of default or an indemnification obligation of Landlord under the applicable Fee Mortgageobligated to), or after five (5) days' prior Notice to Tenant fails to comply with any Additional Fee Mortgagee Requirements (other than representations and warrantiesexcept in an emergency), in all cases, after the expiration of any cure period provided for herein, Landlord, and without waiving or releasing any obligation of Tenant or defaultany Event of Default, may, but shall be under no obligation to, (i) at any time thereafter make such payment or perform such act for the account and at the expense of Tenant (including, in the event of a breach of any such representation or warranty, taking actions to cause such representation or warranty to be true)Tenant, and may, to the extent permitted by law, enter upon the Leased Property Facility for such purpose and take all such action thereon as, in Landlord’s reasonable 's sole opinion, may be necessary or appropriate therefor. However, and (ii) subject if Landlord reasonably determines that the giving of such Notice as is provided for in this Article or elsewhere in this Lease would risk loss to the terms Leased Property or cause damage to Landlord, then Landlord will give such Notice as is practical under the circumstances. No such entry shall be deemed an eviction of the applicable Fee Mortgage Documents, use funds in any Fee Mortgage Reserve Account for the purposes for which they were deposited in making any such payment or performing such actTenant. All sums so paid by Landlord and all reasonable costs and expensesexpenses (including, including without limitation, reasonable attorneys’ ' fees and expenses, ) so incurred, together with the late charge and interest provided for in Section 3.3 thereon at the Overdue Rate from the date on which such sums or expenses are paid or incurred by Landlord, shall be paid by Tenant to Landlord on demand as an Additional Chargedemand. The obligations of Tenant and rights of Landlord contained in this Article shall survive the expiration or earlier termination of this Lease.

Landlord’s Right to Cure Tenant’s Default. If Tenant shall fail to make any payment or to perform any act required to be made or performed hereunder when due includingunder this Lease, without limitation, if Tenant fails and to expend any Required Capital Expenditures as required hereunder or fails to complete any work or restoration or replacement of any nature as required hereunder, or if Tenant shall take any action prohibited hereunder, or if Tenant shall breach any representation or warranty comprising Additional Fee Mortgagee Requirements (and Landlord reasonably determines that such breach could be expected to give rise to an event of default or an indemnification obligation of Landlord under cure the applicable Fee Mortgage), or Tenant fails to comply with any Additional Fee Mortgagee Requirements (other than representations and warranties), same within the relevant time periods provided in all cases, after the expiration of any cure period provided for hereinSection 16.1, Landlord, after notice to and demand upon Tenant, and without waiving or releasing any obligation or defaultDefault, may, may (but shall be under no obligation to, (i) at any time thereafter make such payment or perform such act for the account and at the expense of Tenant (including, in the event of a breach of any such representation or warranty, taking actions to cause such representation or warranty to be true)Tenant, and may, to the extent permitted by law, enter upon the Leased Property for such purpose and take all such action thereon as, in Landlord’s reasonable 's opinion, may be necessary or appropriate therefor, and (ii) subject to the terms . No such entry shall be deemed an eviction of the applicable Fee Mortgage Documents, use funds in any Fee Mortgage Reserve Account for the purposes for which they were deposited in making any such payment or performing such actTenant. All sums so paid by Landlord and all costs and expensesexpenses (including, including without limitation, reasonable attorneys’ ' fees and expenses, in each case, to the extent permitted by law) so incurred, together with interest a late charge thereon (to the extent permitted by law) at the Overdue Rate from the date on which such sums or expenses are paid or incurred by Landlord, shall be paid by Tenant to Landlord on demand as an Additional Chargedemand. The obligations of Tenant and rights of Landlord contained in this Article shall survive the expiration or earlier termination of this Lease.

Landlord’s Right to Cure Tenant’s Default. If Tenant (a) a Default shall fail to make any payment or to perform any act required to be made or performed hereunder when due including, without limitation, if Tenant fails to expend any Required Capital Expenditures as required hereunder or fails to complete any work or restoration or replacement of any nature as required hereunder, or if Tenant shall take any action prohibited hereunder, or if Tenant shall breach any representation or warranty comprising Additional Fee Mortgagee Requirements (have occurred and Landlord reasonably determines that such breach could be expected to give rise to an event of default or an indemnification obligation is continuing which in the reasonable judgment of Landlord under requires immediate action on the applicable Fee Mortgage)part of Landlord or (b) an Event of Default shall have occurred and is continuing, or Tenant fails to comply with any Additional Fee Mortgagee Requirements (other than representations and warranties), in all casesLandlord, after the expiration of any cure period provided for herein, LandlordNotice to Tenant (which Notice need not precede such action if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant and without waiving or defaultreleasing any Event of Default, may, may (but shall not be under no obligation obligated to), (i) at any time thereafter, make such payment or perform such act for the account and at the expense of Tenant (including, in the event of a breach of any such representation or warranty, taking actions to cause such representation or warranty to be true)Tenant, and may, to the maximum extent permitted by law, enter upon the Leased Property Premises or any portion thereof for such purpose and take all such action thereon as, in Landlord’s reasonable opinion's sole and absolute discretion, may be necessary or appropriate therefor, and (ii) subject to including the terms management of the applicable Fee Mortgage DocumentsLeased Premises by Landlord or its designee, use funds and Tenant hereby irrevocably appoints, in any Fee Mortgage Reserve Account the event of such election by Landlord, Landlord or its designee as the operator of the Leased Premises and its attorney-in-fact for such purpose, irrevocably and coupled with an interest, in the purposes for which they were deposited in making any name, place and stead of Tenant. No such payment or performing such actentry shall be deemed an eviction of Tenant. All sums so paid reasonable costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by Landlord and all costs and expenses, including reasonable attorneys’ fees and expenses, so incurredin connection therewith, together with interest thereon (to the extent permitted by law) at the Overdue Rate rate of eighteen percent (18%) per annum from the date on which such sums or expenses are paid or incurred by LandlordLandlord until repaid, shall be paid by Tenant to Landlord Landlord, on demand as an Additional Chargedemand.

Landlord’s Right to Cure Tenant’s Default. If Tenant an Event of Default shall fail to make any payment or to perform any act required to have occurred and be made or performed hereunder when due includingcontinuing, without limitation, if Tenant fails to expend any Required Capital Expenditures as required hereunder or fails to complete any work or restoration or replacement of any nature as required hereunder, or if Tenant shall take any action prohibited hereunder, or if Tenant shall breach any representation or warranty comprising Additional Fee Mortgagee Requirements (and Landlord reasonably determines that such breach could be expected to give rise to an event of default or an indemnification obligation of Landlord under the applicable Fee Mortgage), or Tenant fails to comply with any Additional Fee Mortgagee Requirements (other than representations and warranties), in all casesLandlord, after the expiration of any cure period Notice to Tenant (provided for herein, Landlordthat no such notice shall be required if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant, and without waiving or defaultreleasing any Event of Default, may, may (but shall not be under no obligation obligated to), (i) at any time thereafter, make such payment or perform such act for the account and at the expense of Tenant (including, in the event of a breach of any such representation or warranty, taking actions to cause such representation or warranty to be true)Tenant, and may, to the extent permitted by law, enter upon the applicable Leased Property or an portion thereof for such purpose and take all such action thereon as, in Landlord’s reasonable 's opinion, may be necessary or appropriate therefor, and (ii) subject to including the terms management of the Facility located on the applicable Fee Mortgage DocumentsLeased Property by Landlord or its designee (which may include, use funds without limitation, Greenery Managers, Inc.), and Tenant hereby irrevocably appoints, in any Fee Mortgage Reserve Account the event of such election by Landlord, Landlord or its designee as manager of the Facility located on the applicable Leased Property and its attorney in fact for such purpose, irrevocably and coupled with an interest, in the purposes for which they were deposited in making any name, place and stead of Tenant. No such payment or performing such actentry shall be deemed an eviction of Tenant. All sums so paid reasonable costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by Landlord and all costs and expenses, including reasonable attorneys’ fees and expenses, so incurredin connection therewith, together with interest thereon (to the extent permitted by law) at the Overdue Rate from the date on which such sums or expenses are paid or incurred by LandlordLandlord until repaid, shall be paid by Tenant to Landlord Landlord, on demand as an Additional Chargedemand.

Landlord’s Right to Cure Tenant’s Default. If Tenant shall fail to make any payment or to perform any act required to be made or performed hereunder when due includingunder this Lease, without limitation, if Tenant fails and to expend any Required Capital Expenditures as required hereunder or fails to complete any work or restoration or replacement of any nature as required hereunder, or if Tenant shall take any action prohibited hereunder, or if Tenant shall breach any representation or warranty comprising Additional Fee Mortgagee Requirements (and Landlord reasonably determines that such breach could be expected to give rise to an event of default or an indemnification obligation of Landlord under cure the applicable Fee Mortgage), or Tenant fails to comply with any Additional Fee Mortgagee Requirements (other than representations and warranties), same within the relevant time periods provided in all cases, after the expiration of any cure period provided for hereinSection 16.1, Landlord, after notice to and demand upon Tenant, and without waiving or releasing any obligation or defaultDefault, may, may (but shall be under no obligation to, (i) at any time thereafter make such payment or perform such act for the account and at the expense of Tenant (including, in the event of a breach of any such representation or warranty, taking actions to cause such representation or warranty to be true)Tenant, and may, to the extent permitted by law, enter upon the Leased Property for such purpose and take all such action thereon as, in Landlord’s reasonable 's opinion, may be necessary or appropriate therefor, and (ii) subject to the terms . No such entry shall be deemed an eviction of the applicable Fee Mortgage Documents, use funds in any Fee Mortgage Reserve Account for the purposes for which they were deposited in making any such payment or performing such actTenant. All sums so paid by Landlord and all costs and expensesexpenses (including, including without limitation, reasonable attorneys’ ' fees and expenses, in each case, to the extent permitted by law) so incurred, together with interest a late charge thereon (to the extent permitted by law) at the Overdue Rate from the date on which such sums or expenses are paid or incurred by Landlord, shall be paid by Tenant to Landlord on demand as an Additional Chargedemand. The obligations of Tenant and rights of Landlord contained in this Article shall survive the expiration or earlier termination of this Lease. ARTICLE XVIII [ARTICLE XVIII INTENTIONALLY LEFT BLANK] ARTICLE XIX [ARTICLE XIX INTENTIONALLY LEFT BLANK]

Landlord’s Right to Cure Tenant’s Default. If Tenant an Event of Default ----------------------------------------- shall fail to make any payment or to perform any act required to have occurred and be made or performed hereunder when due includingcontinuing, without limitation, if Tenant fails to expend any Required Capital Expenditures as required hereunder or fails to complete any work or restoration or replacement of any nature as required hereunder, or if Tenant shall take any action prohibited hereunder, or if Tenant shall breach any representation or warranty comprising Additional Fee Mortgagee Requirements (and Landlord reasonably determines that such breach could be expected to give rise to an event of default or an indemnification obligation of Landlord under the applicable Fee Mortgage), or Tenant fails to comply with any Additional Fee Mortgagee Requirements (other than representations and warranties), in all casesLandlord, after the expiration of any cure period provided for herein, LandlordNotice to Tenant (which Notice shall not be required if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant and without waiving or defaultreleasing any Event of Default, may, may (but shall not be under no obligation obligated to), (i) at any time thereafter, make such payment or perform such act for the account and at the expense of Tenant (including, in the event of a breach of any such representation or warranty, taking actions to cause such representation or warranty to be true)Tenant, and may, to the maximum extent permitted by law, enter upon the Leased Property or any portion thereof for such purpose and take all such action thereon as, in Landlord’s reasonable opinion's sole and absolute discretion, may be necessary or appropriate therefor. No such entry shall be deemed an eviction of Tenant. All reasonable costs and expenses (including, and without limitation, reasonable attorneys' fees) incurred by Landlord in connection therewith, together with, if not paid within five (ii5) subject Business Days after written demand therefor, interest thereon (to the terms of the applicable Fee Mortgage Documents, use funds in any Fee Mortgage Reserve Account for the purposes for which they were deposited in making any such payment or performing such act. All sums so paid extent permitted by Landlord and all costs and expenses, including reasonable attorneys’ fees and expenses, so incurred, together with interest thereon law) at the Overdue Rate from the date on which such sums or expenses are paid or incurred by LandlordLandlord until repaid, shall be paid by Tenant to Landlord Landlord, on demand as an Additional Chargedemand.

Landlord’s Right to Cure Tenant’s Default. If Tenant an Event of Default shall fail to make any payment or to perform any act required to have occurred and be made or performed hereunder when due includingcontinuing, without limitation, if Tenant fails to expend any Required Capital Expenditures as required hereunder or fails to complete any work or restoration or replacement of any nature as required hereunder, or if Tenant shall take any action prohibited hereunder, or if Tenant shall breach any representation or warranty comprising Additional Fee Mortgagee Requirements (and Landlord reasonably determines that such breach could be expected to give rise to an event of default or an indemnification obligation of Landlord under the applicable Fee Mortgage), or Tenant fails to comply with any Additional Fee Mortgagee Requirements (other than representations and warranties), in all casesLandlord, after the expiration of any cure period Notice to Tenant (provided for herein, Landlordthat no such notice shall be required if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant, and without waiving or defaultreleasing any Event of Default, may, may (but shall not be under no obligation obligated to), (i) at any time thereafter, make such payment or perform such act for the account and at the expense of Tenant (including, in the event of a breach of any such representation or warranty, taking actions to cause such representation or warranty to be true)Tenant, and may, to the extent permitted by law, enter upon the applicable Leased Property or any portion thereof for such purpose and take all such action thereon as, in Landlord’s reasonable 's opinion, may be necessary or appropriate therefor, and (ii) subject to including the terms management of the Facility located on the applicable Fee Mortgage DocumentsLeased Property by Landlord or its designee, use funds and Tenant hereby irrevocably appoints, in any Fee Mortgage Reserve Account the event of such election by Landlord, Landlord or its designee as manager of the Facility located on the applicable Leased Property and its attorney in fact for such purpose, irrevocably and coupled with an interest, in the purposes for which they were deposited in making any name, place and stead of Tenant. No such payment or performing such actentry shall be deemed an eviction of Tenant. All sums so paid reasonable costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by Landlord and all costs and expenses, including reasonable attorneys’ fees and expenses, so incurredin connection therewith, together with interest thereon (to the extent permitted by law) at the Overdue Rate from the date on which such sums or expenses are paid or incurred by LandlordLandlord until repaid, shall be paid by Tenant to Landlord Landlord, on demand as an Additional Chargedemand.

Landlord’s Right to Cure Tenant’s Default. If Tenant shall fail to make any payment or to perform any act required to be made or performed hereunder when due including, without limitation, if Tenant fails to expend any Required Capital Expenditures CapEx as required hereunder or fails to complete or cause to be completed any work or restoration or replacement of any nature as required hereunder, or if Tenant shall take any action prohibited hereunder, or if Tenant and such failure shall breach any representation or warranty comprising Additional Fee Mortgagee Requirements (and have resulted in an Event of Default, Landlord reasonably determines that such breach could be expected to give rise to an event of default or an indemnification obligation of Landlord under the applicable Fee Mortgage), or Tenant fails to comply with any Additional Fee Mortgagee Requirements (other than representations and warranties), in all cases, after the expiration of any cure period provided for herein, Landlordand/or its Affiliates, without waiving or releasing any obligation or default, may, but shall be under no obligation to, (i) make such payment or perform such act (or reimburse any Fee Mortgagee for making such payment or performing such act) for the account and at the expense of Tenant (including, in the event of a breach of any such representation or warranty, taking actions to cause such representation or warranty to be true), and may, to the extent permitted by law, after an Event of Default, enter upon the Leased Property for such purpose and take all such action thereon as, in Landlord’s reasonable opinion, may be necessary or appropriate therefor, and (ii) subject to the terms of therefor provided same is undertaken in accordance with the applicable Fee Mortgage Documents, use funds in any Fee Mortgage Reserve Account for the purposes for which they were deposited in making any such payment or performing such actlaw. All sums so paid (or reimbursed) by Landlord and/or any of its Affiliates and all costs and expenses, including reasonable attorneys’ fees and expenses, so incurred, together with interest thereon at the Overdue Rate from the date on which such sums or expenses are paid or incurred by LandlordLandlord and/or any of its Affiliates, shall be paid by Tenant to Landlord on demand as an Additional Charge.

Landlord’s Right to Cure Tenant’s Default. If Tenant an Event of Default shall fail to make any payment or to perform any act required to have occurred and be made or performed hereunder when due includingcontinuing, without limitation, if Tenant fails to expend any Required Capital Expenditures as required hereunder or fails to complete any work or restoration or replacement of any nature as required hereunder, or if Tenant shall take any action prohibited hereunder, or if Tenant shall breach any representation or warranty comprising Additional Fee Mortgagee Requirements (and Landlord reasonably determines that such breach could be expected to give rise to an event of default or an indemnification obligation of Landlord under the applicable Fee Mortgage), or Tenant fails to comply with any Additional Fee Mortgagee Requirements (other than representations and warranties), in all casesLandlord, after the expiration of any cure period written notice to Tenant (provided for herein, Landlordthat no such notice shall be required if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant and without waiving or defaultreleasing any Event of Default, may, may (but shall not be under no obligation obligated to), (i) at any time thereafter, make such payment or perform such act for the account and at the expense of Tenant (including, in the event of a breach of any such representation or warranty, taking actions to cause such representation or warranty to be true)Tenant, and may, to the extent permitted by law, enter upon the Leased Property Property, or any portion thereof, for such purpose and take all such action thereon as, in Landlord’s reasonable opinion, may be necessary or appropriate therefor, including the management of any Facility by Landlord or its designee, and (ii) subject to Tenant hereby irrevocably appoints, in the terms event of the applicable Fee Mortgage Documentssuch election by Landlord, use funds in any Fee Mortgage Reserve Account for the purposes for which they were deposited in making Landlord or its designee as manager of any such payment or performing Facility and its attorney in fact for such actpurpose, irrevocably and coupled with an interest in the name and stead of Tenant. All sums so paid by Landlord and all costs and expensesexpenses (including, including without limitation, reasonable attorneys’ fees and expenses, so incurredfees) incurred by Landlord in connection therewith, together with interest thereon (to the extent permitted by law) at the Overdue Rate from the date on which such sums or expenses are paid or incurred by LandlordLandlord until repaid, shall be paid by Tenant to Landlord Landlord, on demand as an Additional Chargedemand.

Landlord’s Right to Cure Tenant’s Default. If Tenant an Event of Default shall fail to make any payment or to perform any act required to have occurred and be made or performed hereunder when due includingcontinuing, without limitation, if Tenant fails to expend any Required Capital Expenditures as required hereunder or fails to complete any work or restoration or replacement of any nature as required hereunder, or if Tenant shall take any action prohibited hereunder, or if Tenant shall breach any representation or warranty comprising Additional Fee Mortgagee Requirements (and Landlord reasonably determines that such breach could be expected to give rise to an event of default or an indemnification obligation of Landlord under the applicable Fee Mortgage), or Tenant fails to comply with any Additional Fee Mortgagee Requirements (other than representations and warranties), in all casesLandlord, after the expiration of any cure period provided for herein, LandlordNotice to Tenant (which Notice need not precede such action if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant and without waiving or defaultreleasing any Event of Default, may, may (but shall not be under no obligation obligated to), (i) at any time thereafter, make such payment or perform such act for the account and at the expense of Tenant (including, in the event of a breach of any such representation or warranty, taking actions to cause such representation or warranty to be true)Tenant, and may, to the maximum extent permitted by law, enter upon the Leased Property or any portion thereof for such purpose and take all such action thereon as, in Landlord’s reasonable opinion's sole and absolute discretion, may be necessary or appropriate therefor, and (ii) subject to including the terms management of the applicable Fee Mortgage DocumentsFacility by Landlord or its designee, use funds and Tenant hereby irrevocably appoints, in any Fee Mortgage Reserve Account the event of such election by Landlord, Landlord or its designee as the operator of the Facility and its attorney in fact for such purpose, irrevocably and coupled with an interest, in the purposes for which they were deposited in making any name, place and stead of Tenant. No such payment or performing such actentry shall be deemed an eviction of Tenant. All sums so paid reasonable costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by Landlord and all costs and expenses, including reasonable attorneys’ fees and expenses, so incurredin connection therewith, together with interest thereon (to the extent permitted by law) at the Overdue Rate from the date on which such sums or expenses are paid or incurred by LandlordLandlord until repaid, shall be paid by Tenant to Landlord Landlord, on demand as an Additional Chargedemand.

Landlord’s Right to Cure Tenant’s Default. If Tenant an Event of Default shall fail to make any payment or to perform any act required to have occurrxx xxx be made or performed hereunder when due includingcontinuing, without limitation, if Tenant fails to expend any Required Capital Expenditures as required hereunder or fails to complete any work or restoration or replacement of any nature as required hereunder, or if Tenant shall take any action prohibited hereunder, or if Tenant shall breach any representation or warranty comprising Additional Fee Mortgagee Requirements (and Landlord reasonably determines that such breach could be expected to give rise to an event of default or an indemnification obligation of Landlord under the applicable Fee Mortgage), or Tenant fails to comply with any Additional Fee Mortgagee Requirements (other than representations and warranties), in all casesLandlord, after the expiration of any cure period Notice to Tenant (provided for herein, Landlordthat no such notice shall be required if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant, and without waiving or defaultreleasing any Event of Default, may, may (but shall not be under no obligation obligated to), (i) at any time thereafter, make such payment or perform such act for the account and at the expense of Tenant (including, in the event of a breach of any such representation or warranty, taking actions to cause such representation or warranty to be true)Tenant, and may, to the extent permitted by law, enter upon the applicable Leased Property or any portion thereof for such purpose and take all such action thereon as, in Landlord’s reasonable 's opinion, may be necessary or appropriate therefor, and (ii) subject to including the terms management of the Facility located on the applicable Fee Mortgage DocumentsLeased Property by Landlord or its designee (which may include, use funds without limitation, Greenery Managers, Inc.), and Tenant hereby irrevocably appoints, in any Fee Mortgage Reserve Account the event of such election by Landlord, Landlord or its designee as manager of the Facility located on the applicable Leased Property and its attorney in fact for such purpose, irrevocably and coupled with an interest, in the purposes for which they were deposited in making any name, place and stead of Tenant. No such payment or performing such actentry shall be deemed an eviction of Tenant. All sums so paid reasonable costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by Landlord and all costs and expenses, including reasonable attorneys’ fees and expenses, so incurredin connection therewith, together with interest thereon (to the extent permitted by law) at the Overdue Rate from the date on which such sums or expenses are paid or incurred by LandlordLandlord until repaid, shall be paid by Tenant to Landlord Landlord, on demand as an Additional Chargedemand.