Common use of Leasehold Mortgagee’s Right to Cure Clause in Contracts

Leasehold Mortgagee’s Right to Cure. AAF irrevocably directs that the Department accept, and the Department agrees to accept, performance and compliance by a Leasehold Mortgagee of and with any term, covenant, agreement, provision, condition or limitation on AAF’s part to be kept, observed or performed under the Agreement with the same force and effect as though kept, observed or performed by AAF. Notwithstanding anything provided to the contrary in the Agreement, the Agreement shall not be terminated because of a Termination Event of Default until and unless: (i) notice of any such Termination Event of Default shall have been delivered to Leasehold Mortgagee in accordance with the provisions of this Agreement; and (ii) the Leasehold Mortgagee has not cured such default within ninety (90) days following receipt of such notice or, (iii) if such default is curable but cannot be cured within such time period, the Leasehold Mortgagee has not notified the Department within such time period that it intends to cure such default, has not diligently commenced to cure such default, or does not prosecute such cure to completion within one hundred eighty (180) days. Furthermore, notwithstanding anything to the contrary contained herein, if Leasehold Mortgagee determines to foreclose or cause its designee to foreclose the Leasehold Mortgage or to acquire or cause its designee to acquire AAF’s interest in the Property or to succeed or cause its designee to succeed to AAF’s possessory rights with respect to the Property or to appoint a receiver before it effectuates the cure of any AAF default, the cure periods set forth above shall be extended by any period during which foreclosure proceedings, or legal proceedings to succeed to AAF’s possessory rights, or proceedings to appoint the receiver are conducted, as the case may be. Any such proceedings shall be commenced promptly after the notice of default is delivered to Leasehold Mortgagee and shall be diligently prosecuted. Promptly after Leasehold Mortgagee or a designee of Leasehold Mortgagee acquires the Property pursuant to foreclosure proceedings or otherwise or succeeds to AAF’s possessory rights or promptly after a receiver is appointed, as the case may be, Leasehold Mortgagee or its designee shall cure said default.

Leasehold Mortgagee’s Right to Cure. AAF irrevocably directs that If Landlord shall ever be entitled to exercise a right hereunder to terminate this Lease after the Department acceptgiving of notice or the passage of time, and as applicable, Landlord, subject to having received notification of any Leasehold Mortgage by the Department agrees Leasehold Mortgagee thereunder pursuant to acceptSection 8.2 above, performance and compliance by a shall deliver additional written notice to such Leasehold Mortgagee of Landlord's intention to so terminate this Lease and with any termdescribing the existing Events of Defaults, covenant, agreement, provision, condition or limitation on AAF’s part to be kept, observed or performed under the Agreement with the same force and effect as though kept, observed or performed by AAF. Notwithstanding anything provided to the contrary in the Agreement, the Agreement shall not be terminated because of a Termination Event of Default until and unless: (i) notice of any such Termination Event of Default Leasehold Mortgagee shall have been delivered to Leasehold Mortgagee in accordance with the provisions of this Agreement; and thirty (ii) the Leasehold Mortgagee has not cured such default within ninety (9030) days following from its receipt of such notice orto cure the Events of Default described in such written notice. Notwithstanding the foregoing, in the event (iiii) if such default is curable but canEvents of Default are not capable of cure within such 30-day period, this Lease may not be cured terminated if any Leasehold Mortgagee shall deliver to Landlord, within such time 30-day period, the written notice of such Leasehold Mortgagee has not notified the Department within such time period that it intends Mortgagee's intention to cure the specified Events of Default and shall commence and diligently pursue the cure of the specified Events of Default and such default, has not diligently commenced to cure Events of Default by reason of such default, or does not prosecute such cure to completion due diligence are cured within one hundred eighty (180) days. Furthermoredays of the date of such notice, notwithstanding anything to the contrary contained herein, if or (ii) any Leasehold Mortgagee determines to foreclose or cause its designee to foreclose is not in actual possession of the Premises on the date of the additional notice given the Leasehold Mortgage or Mortgagee under this Section 8.3, and possession is necessary in order to acquire or cause its designee cure any Event of Default, then the time within which such Leasehold Mortgagee may commence to acquire AAF’s interest in the Property or to succeed or cause its designee to succeed to AAF’s possessory rights with respect to the Property or to appoint a receiver before it effectuates the cure such Event of any AAF default, the cure periods set forth above Default shall be extended by any period during which foreclosure proceedings, or legal proceedings for a reasonable time not to succeed to AAF’s possessory rights, or proceedings to appoint the receiver are conducted, as the case may beexceed ninety (90) days until such Leasehold Mortgagee can obtain actual possession. Any such proceedings No purported termination of this Lease shall be commenced promptly after the effective until such written notice of default is delivered shall have been given to Leasehold Mortgagee and such 30-day period, or additional time period as provided above, shall have expired without the described Events of Default having been cured. Leasehold Mortgagee may, at its option any time before the rights of Tenant under this Lease shall have been terminated, pay any of the Rent due hereunder, procure any insurance required hereunder, make any repairs and improvements required hereunder, or do any other act or thing or make any other payment required of Tenant by the terms of this Lease or which may be necessary and appropriate to comply with the covenants and conditions of this Lease to prevent the termination of this Lease. All payments so made and all things so done and performed by any such Leasehold Mortgagee shall be diligently prosecuted. Promptly after Leasehold Mortgagee or as effective to prevent a designee forfeiture of Leasehold Mortgagee acquires the Property pursuant to foreclosure proceedings or otherwise or succeeds to AAF’s possessory rights or promptly after a receiver is appointed, of Tenant hereunder as the case may be, Leasehold Mortgagee or its designee shall cure said defaultif performed by Tenant.

Leasehold Mortgagee’s Right to Cure. AAF irrevocably directs that If Landlord shall ever be entitled to exercise a remedy hereunder as a result of any failure on the Department acceptpart of Tenant to comply with the terms of this Lease, including Tenant’s material breach of any covenant of this Lease by Tenant but save and except for any failures, occurrences or defaults described in Section 9.3 of this Lease, which failures, occurrences and defaults, and corresponding Leasehold Mortgagee protections, if any, are addressed in Section 8.3(b) below, and which are excluded from the Department agrees Leasehold Mortgagee protections set forth in this Section 8.3(a), after the giving of notice or the passage of time, as applicable, Landlord, subject to acceptnotification by Leasehold Mortgagee pursuant to Section 8.2 above, performance and compliance by a shall deliver additional written notice to Leasehold Mortgagee of Landlord’s intention to so terminate this Lease or exercise any other remedy and with any termdescribing the existing defaults, covenant, agreement, provision, condition or limitation on AAF’s part and Leasehold Mortgagee thereafter shall have thirty (30) days to be kept, observed or performed under cure the Agreement with the same force and effect as though kept, observed or performed by AAFdefaults described in such written notice. Notwithstanding the foregoing, or anything provided else in this Lease to the contrary (but save and except for any failures, occurrences or defaults described in Section 9.3 of this Lease, which failures, occurrences and defaults, and corresponding Leasehold Mortgagee protections, if any, are addressed in Section 8.3(b) below, and which are excluded from the AgreementLeasehold Mortgagee protections set forth in this Section 8.3(a)), the Agreement shall not be terminated because of a Termination Event of Default until and unless: (i) in the event such default is not capable of cure within such 30-day period, this Lease may not be terminated, or other remedy exercised, if Leasehold Mortgagee shall deliver to Landlord, within such 30-day period, written notice of any Leasehold Mortgagee’s intention to cure the specified defaults and shall commence and diligently pursue the cure of the specified defaults and such Termination Event defaults by reason of Default shall have been delivered to Leasehold Mortgagee in accordance with the provisions of this Agreement; and (ii) the Leasehold Mortgagee has not such due diligence are cured such default within ninety (90) days following receipt of the date of such notice, (ii) in the event any Leasehold Mortgagee is not in actual possession of the Rangers Complex on the date of the additional notice orgiven the Leasehold Mortgagee under this Section 8.3(a), and possession is necessary in order to cure any default, then the time within which such Leasehold Mortgagee may commence to cure such default shall be extended for a reasonable time not to exceed ninety (90) days until such Leasehold Mortgagee can obtain actual possession, and (iii) if any obligation of a Leasehold Mortgagee to cure defaults of the Tenant pursuant to this Section 8.3(a) of this Lease or otherwise under this Lease in order to receive the mortgagee protections and the other rights of a Leasehold Mortgagee under this Article VIII shall be limited to curing such default is curable but cannot defaults which are capable of cure by the Leasehold Mortgagee. No purported termination of this Lease, or other exercise of remedy, shall be cured within effective until such time written notice shall have been given to Leasehold Mortgagee and such 30-day period, or additional time period as provided above, shall have expired without the described defaults having been cured. Leasehold Mortgagee has not notified may, at its option any time before the Department within such time period that it intends to cure such defaultrights of Tenant under this Lease shall have been terminated, has not diligently commenced to cure such defaultpay any of the Rentals due hereunder, or does not prosecute such cure to completion within one hundred eighty (180) days. Furthermoreprocure any insurance required hereunder, notwithstanding anything to the contrary contained herein, if Leasehold Mortgagee determines to foreclose or cause its designee to foreclose the Leasehold Mortgage or to acquire or cause its designee to acquire AAF’s interest in the Property or to succeed or cause its designee to succeed to AAF’s possessory rights pay any installments due with respect to the Property obligations, make any repairs and improvements required hereunder, or do any other act or thing or make any other payment required of Tenant by the terms of this Lease or which may be necessary and appropriate to appoint a receiver before it effectuates comply with the cure covenants and conditions of this Lease to prevent the termination of this Lease. All payments so made and all things so done and performed by any AAF default, the cure periods set forth above such Leasehold Mortgagee shall be extended as effective to prevent a forfeiture of the rights of Tenant hereunder as if performed by any period during which foreclosure proceedingsXxxxxx. Notwithstanding anything herein to the contrary, or legal proceedings Landlord shall not be required to succeed to AAF’s possessory rights, or proceedings to appoint provide the receiver are conducted, as the case may be. Any such proceedings shall be commenced promptly after the foregoing notice of default is delivered to Leasehold Mortgagee prior to exercising the right of self-help to cure any default by Tenant of its failure to keep and shall be diligently prosecuted. Promptly after Leasehold Mortgagee or a designee of Leasehold Mortgagee acquires maintain the Property pursuant to foreclosure proceedings or otherwise or succeeds to AAF’s possessory rights or promptly after a receiver is appointed, as the case may be, Leasehold Mortgagee or its designee shall cure said defaultinsurance amounts and coverages required under this Lease.

Leasehold Mortgagee’s Right to Cure. AAF irrevocably directs The Leasehold Mortgagee shall have a period of 90 Days with respect to any Concessionaire Default beyond any cure period expressly provided to the Concessionaire herein, in which to cure or cause to be cured any such Concessionaire Default; provided, however, that such 90-Day period shall be extended if the Department acceptConcessionaire Default may be cured but cannot reasonably be cured within such period of 90 Days, and the Department agrees Leasehold Mortgagee begins to acceptcure such default within such 90-Day period (or if possession is necessary in order to effect such cure, the Leasehold Mortgagee files the appropriate legal action to commence foreclosure on the liens of the Leasehold Mortgage (or takes other appropriate action to effect a transfer of title to the property subject to such liens) and take possession of the Utility System within such period) and thereafter proceeds with all due diligence to cure such Concessionaire Default (including by proceeding with all due diligence to effect such foreclosure and during such foreclosure action (to the extent practicable) and thereafter to effect such a cure) within a reasonable period of time acceptable to the University, acting reasonably; provided further that if a Leasehold Mortgagee’s right to cure a Concessionaire Default has not expired, and the Leasehold Mortgagee is acting to cure such Concessionaire Default in accordance with this Section 19.3, then the University shall not exercise its right to terminate this Agreement by reason of such Concessionaire Default. In furtherance of the foregoing, the University shall permit the Leasehold Mortgagee and its Representatives the same access to the Utility System as is permitted to the Concessionaire hereunder. The University shall accept any such performance and compliance by a Leasehold Mortgagee of and with any term, covenant, agreement, provision, condition or limitation on AAF’s part to be kept, observed or performed under the Agreement with as though the same force and effect as though kept, observed had been done or performed by AAFthe Concessionaire. Notwithstanding anything provided Any payment to the contrary be made or action to be taken by a Leasehold Mortgagee hereunder as a prerequisite to keeping this Agreement in the Agreement, the Agreement effect shall not be terminated because of a Termination Event of Default until and unless: (i) notice of any such Termination Event of Default shall deemed properly to have been delivered to Leasehold Mortgagee in accordance with the provisions of this Agreement; and (ii) made or taken by the Leasehold Mortgagee has not cured if such default within ninety (90) days following receipt payment is made or action is taken by a nominee, agent or assignee of the rights of such notice or, (iii) if such default is curable but cannot be cured within such time period, Leasehold Mortgagee. Any exercise of the Leasehold Mortgagee has not notified the Department within such time period that it intends Mortgagee’s rights to cure hereunder shall not result in the assumption by such default, has not diligently commenced to cure such default, or does not prosecute such cure to completion within one hundred eighty (180) days. Furthermore, notwithstanding anything to the contrary contained herein, if Leasehold Mortgagee determines to foreclose or cause its designee to foreclose of the Leasehold Mortgage or to acquire or cause its designee to acquire AAFConcessionaire’s interest in the Property or to succeed or cause its designee to succeed to AAF’s possessory rights with respect to the Property or to appoint a receiver before it effectuates the cure of any AAF default, the cure periods set forth above shall be extended by any period during which foreclosure proceedings, or legal proceedings to succeed to AAF’s possessory rights, or proceedings to appoint the receiver are conducted, as the case may be. Any such proceedings shall be commenced promptly after the notice of default is delivered to Leasehold Mortgagee and shall be diligently prosecuted. Promptly after Leasehold Mortgagee or a designee of Leasehold Mortgagee acquires the Property pursuant to foreclosure proceedings or otherwise or succeeds to AAF’s possessory rights or promptly after a receiver is appointed, as the case may be, Leasehold Mortgagee or its designee shall cure said defaultobligations hereunder.

Leasehold Mortgagee’s Right to Cure. AAF irrevocably directs that Concurrent with any notice from Landlord to Tenant of a failure, breach or default by Tenant in the Department acceptperformance or observance of any of the terms, conditions or agreements in this Lease, Landlord shall give written notice thereof to each Leasehold Mortgagee, and the Department agrees to accept, performance and compliance by a each such Leasehold Mortgagee of and with any term, covenant, agreement, provision, condition or limitation on AAF’s part shall have the right (but not the obligation) to be kept, observed or performed under the Agreement with the same force and effect as though kept, observed or performed by AAFcure such default. Notwithstanding anything provided to the contrary in the Agreement, the Agreement Landlord shall not be terminated because take any action with respect to such failure, breach or default for a period of a Termination Event of Default until and unless: thirty (i) notice of any such Termination Event of Default shall have been delivered to Leasehold Mortgagee in accordance with the provisions of this Agreement; and (ii) the Leasehold Mortgagee has not cured such default within ninety (9030) days following after receipt of such written notice or, (iii) if by each Leasehold Mortgagee with respect to any such default is curable but capable of being cured by the payment of money and for a period of forty (45) days after receipt of such written notice by each such Leasehold Mortgagee with respect to any other default (provided that in the case of any default which cannot be cured by the payment of money and cannot with diligence be cured within such time period, forty five (45) day period because of the nature of such default or because any such Leasehold Mortgagee has not notified requires time to obtain possession of the Department within such time period that it intends Premises in order to cure such the default, has not diligently commenced if each such Leasehold Mortgagee shall proceed promptly to obtain possession of the Premises, where possession is required, and to cure the same and thereafter shall prosecute the curing of such defaultdefault with diligence and continuity, or does not prosecute then the time within which such cure to completion within one hundred eighty (180) days. Furthermore, notwithstanding anything to the contrary contained herein, if Leasehold Mortgagee determines to foreclose or cause its designee to foreclose the Leasehold Mortgage or to acquire or cause its designee to acquire AAF’s interest in the Property or to succeed or cause its designee to succeed to AAF’s possessory rights with respect to the Property or to appoint a receiver before it effectuates the cure of any AAF default, the cure periods set forth above default may be cured shall be extended by for such period as may be necessary to complete the curing of the same with diligence and continuity). Upon the written request of any period during which foreclosure proceedings, or legal proceedings to succeed to AAF’s possessory rights, or proceedings to appoint the receiver are conducted, as the case may be. Any such proceedings shall be commenced promptly after the notice of default is delivered to Leasehold Mortgagee and shall be diligently prosecuted. Promptly after Leasehold Mortgagee or a designee of prospective Leasehold Mortgagee acquires the Property pursuant to foreclosure proceedings or otherwise or succeeds to AAF’s possessory rights or promptly after a receiver is appointed, as the case may be, Leasehold Mortgagee or its designee shall cure said default.Mortgagee,

Leasehold Mortgagee’s Right to Cure. AAF irrevocably directs that If the Department acceptPFD shall ever have a right to terminate this Agreement by reason of a Club Default after the giving of notice and/or the passage of time, as applicable, prior to exercising such right of termination the PFD shall deliver additional written notice (the “Additional Notice”) (a) as required under the Estoppel; or (b) to any Leasehold Mortgagee who has duly requested notice of the PFD’s intention to terminate this Agreement and describing the existing defaults, and the Department agrees to accept, performance and compliance by a Leasehold Mortgagee of and with any term, covenant, agreement, provision, condition or limitation on AAF’s part thereafter shall have sixty (60) days to be kept, observed or performed under cure the Agreement with defaults described in the same force and effect as though kept, observed or performed by AAFAdditional Notice. Notwithstanding anything provided to the contrary foregoing, in the Agreementevent (a) the default(s) specified in the Additional Notice are not capable of cure within such sixty- (60) day period, the this Agreement shall may not be terminated because of a Termination Event of Default until and unless: if the Leasehold Mortgagee delivers to the PFD, within such sixty- (i60) day period, written notice of the Leasehold Mortgagee’s undertaking to cure the specified default(s) (including, but not limited to, the Leasehold Mortgagee’s agreement to pay any such Termination Event of Default shall have been delivered the Rent or other amounts due hereunder, procure the insurance required hereunder, pay any tax or other impositions, make any repairs and improvements required hereunder, or do any other act or thing or make any other payment required of the Club by the terms of this Agreement or which may be necessary and appropriate to Leasehold Mortgagee in accordance comply with the provisions covenants and conditions of this Agreement to prevent the termination of this Agreement; ) and the Leasehold Mortgagee thereafter commences and diligently pursues cure of the specified default(s), or (iib) the Leasehold Mortgagee has is not cured in actual control of the Leased Premises on the date of the Additional Notice and control is reasonably necessary in order to cure the default(s) specified in the Additional Notice, then the time within which the Leasehold Mortgagee may commence to cure such default(s) shall be extended for a reasonable time until the Leasehold Mortgagee, or a court-approved receiver, can obtain actual control of the Leased Premises, or (c) the default within ninety (90) days following receipt specified in the Additional Notice arises from a bankruptcy filing, insolvency or other similar or related condition of the Club or such notice or, (iii) if such other default which is curable but cannot be cured within such time periodcapable of cure by the Leasehold Mortgagee, the Leasehold Mortgagee has shall not notified be required to cure. No purported termination of this Agreement will be effective until the Department within such PFD delivers the Additional Notice and the sixty- (60) day period, or additional time period that it intends to cure such defaultrequired in this Agreement, has not diligently commenced to cure such defaultexpires without the described default(s) having been cured. The Leasehold Mortgagee may, at its option any time before the rights of the Club under this Agreement shall have been terminated, pay any of the Rent or other amounts due hereunder, procure any insurance required hereunder, pay any tax or other impositions, make any repairs and improvements required hereunder, or does not prosecute do any other act or thing or make any other payment required of the Club by the terms of this Agreement or which may be necessary and appropriate to comply with the covenants and conditions of this Agreement to prevent the termination of this Agreement. All payments so made and all things so done and performed by any such cure to completion within one hundred eighty (180) days. Furthermore, notwithstanding anything to the contrary contained herein, if Leasehold Mortgagee determines to foreclose or cause its designee to foreclose the Leasehold Mortgage or to acquire or cause its designee to acquire AAF’s interest in the Property or to succeed or cause its designee to succeed to AAF’s possessory rights with respect to the Property or to appoint a receiver before it effectuates the cure of any AAF default, the cure periods set forth above shall be extended as effective to prevent a forfeiture of the rights of the Club hereunder as if performed by any period during which foreclosure proceedings, or legal proceedings to succeed to AAF’s possessory rights, or proceedings to appoint the receiver are conducted, as the case may be. Any such proceedings shall be commenced promptly after the notice of default is delivered to Leasehold Mortgagee and shall be diligently prosecuted. Promptly after Leasehold Mortgagee or a designee of Leasehold Mortgagee acquires the Property pursuant to foreclosure proceedings or otherwise or succeeds to AAF’s possessory rights or promptly after a receiver is appointed, as the case may be, Leasehold Mortgagee or its designee shall cure said defaultClub.

Leasehold Mortgagee’s Right to Cure. AAF irrevocably directs The Leasehold Mortgagee shall have a period of 60 days with respect to any Concessionaire Default beyond any cure period expressly provided to the Concessionaire herein, in which to cure or cause to be cured any such Concessionaire Default; provided, however, that such 60‑day period shall be extended if the Department acceptConcessionaire Default may be cured but cannot reasonably be cured within such period of 60 days, and the Department agrees Leasehold Mortgagee begins to acceptcure such default within such 60-day period (or if possession is necessary in order to effect such cure, the Leasehold Mortgagee files the appropriate legal action to foreclose the liens of the Leasehold Mortgage (or takes other appropriate action to effect a transfer of title to the property subject to such liens) and take possession of the System within such period) and thereafter proceeds with all due diligence to cure such Concessionaire Default (including by proceeding with all due diligence to effect such foreclosure and during such foreclosure action (to the extent practicable) and thereafter to effect such a cure) within a reasonable period of time acceptable to the City, acting reasonably; provided further that if a Leasehold Mortgagee’s right to cure a Concessionaire Default has not expired, and the Leasehold Mortgagee is acting to cure such Concessionaire Default in accordance with this Section 18.3 then the City shall not exercise its right to terminate this Agreement by reason of such Concessionaire Default. In furtherance of the foregoing, the City shall permit the Leasehold Mortgagee and its Representatives the same access to the System as is permitted to the Concessionaire hereunder. The City shall accept any such performance and compliance by a Leasehold Mortgagee of and with any term, covenant, agreement, provision, condition or limitation on AAF’s part to be kept, observed or performed under the Agreement with as though the same force and effect as though kept, observed had been done or performed by AAFthe Concessionaire. Notwithstanding anything provided Any payment to the contrary be made or action to be taken by a Leasehold Mortgagee hereunder as a prerequisite to keeping this Agreement in the Agreement, the Agreement effect shall not be terminated because of a Termination Event of Default until and unless: (i) notice of any such Termination Event of Default shall deemed properly to have been delivered to Leasehold Mortgagee in accordance with the provisions of this Agreement; and (ii) made or taken by the Leasehold Mortgagee has not cured if such default within ninety (90) days following receipt payment is made or action is taken by a nominee, agent or assignee of the rights of such notice or, (iii) if such default is curable but canLeasehold Mortgagee. This Section 18.3 shall not be cured within such time period, limit the Leasehold Mortgagee has not notified the Department within such time period that it intends to cure such default, has not diligently commenced to cure such default, or does not prosecute such cure to completion within one hundred eighty (180) days. Furthermore, notwithstanding anything rights granted to the contrary contained herein, if Leasehold Mortgagee determines City under Section 16.1(b)(ix) to foreclose or cause its designee to foreclose the Leasehold Mortgage or to acquire or cause its designee to acquire AAF’s interest in the Property or to succeed or cause its designee to succeed to AAF’s possessory rights with respect to the Property or to appoint exercise remedies upon a receiver before it effectuates the cure of any AAF default, the cure periods set forth above shall be extended by any period during which foreclosure proceedings, or legal proceedings to succeed to AAF’s possessory rights, or proceedings to appoint the receiver are conducted, as the case may be. Any such proceedings shall be commenced promptly after the notice of default is delivered to Leasehold Mortgagee Health and shall be diligently prosecuted. Promptly after Leasehold Mortgagee or a designee of Leasehold Mortgagee acquires the Property pursuant to foreclosure proceedings or otherwise or succeeds to AAF’s possessory rights or promptly after a receiver is appointed, as the case may be, Leasehold Mortgagee or its designee shall cure said defaultSafety Default.

Leasehold Mortgagee’s Right to Cure. AAF irrevocably directs that If Landlord shall ever be entitled to exercise a remedy hereunder, after the Department acceptgiving of notice or the passage of time, and the Department agrees as applicable, Landlord, subject to acceptnotification by Leasehold Mortgagee pursuant to Section 8.2 above, performance and compliance by a shall deliver additional written notice to Leasehold Mortgagee of Landlord’s intention to so terminate this Lease or exercise any other remedy and with any termdescribing the existing defaults, covenant, agreement, provision, condition or limitation on AAF’s part and Leasehold Mortgagee thereafter shall have thirty (30) days to be kept, observed or performed under cure the Agreement with the same force and effect as though kept, observed or performed by AAFdefaults described in such written notice. Notwithstanding anything provided the foregoing, but subject to the contrary provisions of Section 9.2 hereof, in the Agreement, the Agreement shall not be terminated because of a Termination Event of Default until and unless: event (i) such default is not capable of cure within such 30-day period, this Lease may not be terminated, or other remedy exercised, if Leasehold Mortgagee shall deliver to Landlord, within such 30-day period, written notice of any Leasehold Mortgagee’s intention to cure the specified defaults and shall commence and diligently pursue the cure of the specified defaults and such Termination Event defaults by reason of Default shall have been delivered to Leasehold Mortgagee in accordance with the provisions of this Agreement; and (ii) the Leasehold Mortgagee has not such due diligence are cured such default within ninety (90) days following receipt of the date of such notice, or (ii) any Leasehold Mortgagee is not in actual possession of the Rangers Complex on the date of the additional notice or, (iii) if such default is curable but cannot be cured within such time period, given the Leasehold Mortgagee has not notified under this Section 8.3, and possession is necessary in order to cure any default, then the Department time within which such time period that it intends Leasehold Mortgagee may commence to cure such default, has default shall be extended for a reasonable time not diligently commenced to cure exceed ninety (90) days until such defaultLeasehold Mortgagee can obtain actual possession. No purported termination of this Lease, or does not prosecute other exercise of remedy, shall be effective until such cure written notice shall have been given to completion within one hundred eighty (180) days. Furthermore, notwithstanding anything to the contrary contained herein, if Leasehold Mortgagee determines to foreclose and such 30-day period, or cause additional time period as provided above, shall have expired without the described defaults having been cured. Leasehold Mortgagee may, at its designee to foreclose option any time before the Leasehold Mortgage or to acquire or cause its designee to acquire AAF’s interest in rights of Tenant under this Lease shall have been terminated, pay any of the Property or to succeed or cause its designee to succeed to AAF’s possessory rights Rentals due hereunder, procure any insurance required hereunder, pay any installments due with respect to the Property obligations, make any repairs and improvements required hereunder, or do any other act or thing or make any other payment required of Tenant by the terms of this Lease or which may be necessary and appropriate to appoint a receiver before it effectuates comply with the cure covenants and conditions of this Lease to prevent the termination of this Lease. All payments so made and all things so done and performed by any AAF default, the cure periods set forth above such Leasehold Mortgagee shall be extended as effective to prevent a forfeiture of the rights of Tenant hereunder as if performed by any period during which foreclosure proceedings, or legal proceedings to succeed to AAF’s possessory rights, or proceedings to appoint the receiver are conducted, as the case may be. Any such proceedings shall be commenced promptly after the notice of default is delivered to Leasehold Mortgagee and shall be diligently prosecuted. Promptly after Leasehold Mortgagee or a designee of Leasehold Mortgagee acquires the Property pursuant to foreclosure proceedings or otherwise or succeeds to AAF’s possessory rights or promptly after a receiver is appointed, as the case may be, Leasehold Mortgagee or its designee shall cure said defaultXxxxxx.

Leasehold Mortgagee’s Right to Cure. AAF irrevocably directs The Leasehold Mortgagee shall have a period of 180 days with respect to any Lessee Default beyond any cure period expressly provided to the Lessee herein, in which to cure or cause to be cured any such Lessee Default; provided, however, that such 180-day period shall be extended if the Department acceptLessee Default is nonmonetary, is not a Lessee Default described in Section 16.1(a)(v) or Section 16.1(a)(vi) and may be cured but cannot reasonably be cured within such period of 180 days, and the Department agrees Leasehold Mortgagee begins to acceptcure such default within such 180-day period (or if possession is necessary in order to effect such cure, performance the Leasehold Mortgagee, within such 180-day period, files the appropriate legal action to commence foreclosure on the liens of the Leasehold Mortgage) and compliance thereafter proceeds with all due diligence to cure such Lessee Default (including by proceeding with all due diligence to effect such foreclosure and during such foreclosure action (to the extent practicable) and thereafter to effect such a cure) within a reasonable period of time acceptable to the Authority, acting reasonably; provided, further, that if any Leasehold Mortgagee is prohibited from curing any Lessee Default by any process, stay or injunction issued by any Governmental Authority or pursuant to any bankruptcy or insolvency proceeding involving the Lessee, then the time periods specified in this Section 18.3 for curing such Lessee Default shall be extended for the period of such prohibition. If a Leasehold Mortgagee is acting to cure a Lessee Default in accordance with this Section 18.3 then the Authority shall not exercise its right to terminate this Agreement by reason of such Lessee Default; provided, however, that the Authority may exercise any of its other rights and remedies provided for hereunder at law or in equity so long as the exercise of such rights does not interfere with the Leasehold Mortgagee’s rights hereunder. In furtherance of the foregoing, the Authority shall permit the Leasehold Mortgagee and its Representatives the same access to the LMM Airport Facility as is permitted to the Lessee hereunder and permit the Leasehold Mortgagee or its representatives to take all actions and exercise all rights of the Lessee under this Agreement (all at the Lessee’s sole cost and expense); provided that any actions taken by a Leasehold Mortgagee of and with any term, covenant, agreement, provision, condition or limitation on AAF’s part its Representatives pursuant to this Section 18.3 shall be kept, observed or performed under the Agreement with the same force and effect as though kept, observed or performed by AAF. Notwithstanding anything provided to the contrary in the Agreement, the Agreement shall not be terminated because of a Termination Event of Default until and unless: (i) notice of any such Termination Event of Default shall have been delivered to Leasehold Mortgagee undertaken in accordance with the provisions of this Agreement; and (ii) the Leasehold Mortgagee has not cured such default within ninety (90) days following receipt of such notice or, (iii) if such default is curable but cannot Agreement that would be cured within such time period, the Leasehold Mortgagee has not notified the Department within such time period that it intends to cure such default, has not diligently commenced to cure such default, or does not prosecute such cure to completion within one hundred eighty (180) days. Furthermore, notwithstanding anything applicable to the contrary contained herein, if Leasehold Mortgagee determines to foreclose or cause its designee to foreclose the Leasehold Mortgage or to acquire or cause its designee to acquire AAF’s interest in the Property or to succeed or cause its designee to succeed to AAF’s possessory rights with respect to the Property or to appoint Lessee were it taking such actions. The Authority shall accept any such performance by a receiver before it effectuates the cure of any AAF default, the cure periods set forth above shall be extended by any period during which foreclosure proceedings, or legal proceedings to succeed to AAF’s possessory rights, or proceedings to appoint the receiver are conducted, as the case may be. Any such proceedings shall be commenced promptly after the notice of default is delivered to Leasehold Mortgagee and shall be diligently prosecuted. Promptly after Leasehold Mortgagee or a designee of Leasehold Mortgagee acquires the Property pursuant to foreclosure proceedings or otherwise or succeeds to AAF’s possessory rights or promptly after a receiver is appointed, as the case may be, Leasehold Mortgagee or its designee nominee as though the same had been done or performed by the Lessee. Any payment to be made or action to be taken by a Leasehold Mortgagee hereunder as a prerequisite to keeping this Agreement in effect shall be deemed properly to have been made or taken by the Leasehold Mortgagee if such payment is made or action is taken by a nominee, agent or assignee of the rights of such Leasehold Mortgagee. Any exercise of the Leasehold Mortgagee’s rights to cure said default.hereunder shall not result in the assumption by such Leasehold Mortgagee of the Lessee’s obligations hereunder. 134