Leasing Default. (a) If any Leasing Default shall occur, the FCRHA may (subject to Section 24.14 below), at its option, give notice to Tenant stating that the FCRHA is terminating any Management Agreement then in effect for the Project and removing the Approved Property Manager from the Premises. Thereafter, the FCRHA, without further notice, may re-enter and repossess the Premises using such force for that purpose as may be necessary without being liable to indictment, prosecution or damages therefor, and undertake any leasing and property management duties, responsibilities or obligations that the FCRHA deems necessary or desirable for the Project, provided such actions are commercially reasonable and consistent with the management of comparable market rate apartment projects in Fairfax County, Virginia. During any period that the FCRHA undertakes leasing or property management duties as the result of a Leasing Default, the FCRHA shall use good faith efforts to cure the Residential Criteria Defaults that resulted in the Leasing Default. The FCRHA shall not be liable to indictment, prosecution or damages for any actions or failure to act by the FCRHA in its leasing or property management capacity, except to the extent such action or failure to act was not commercially reasonable. Any sums expended by the FCRHA in connection with the FCRHA’s duties set forth in this Section 24.06(a) shall be Additional Costs and shall be paid by Tenant in accordance with the terms of this Lease. Failure to pay Additional Costs in accordance with the terms hereof will (after the applicable notice and cure period) constitute an Event of Default by Tenant under Section 24.01(a) above. Without limitation of the foregoing, the FCRHA agrees that if the FCRHA shall terminate the Management Agreement and remove the Approval Property Manager from the Premises, then if the FCRHA shall desire to appoint a replacement property manager, the FCRHA shall request the consent of the then current Mortgagee (which consent shall not be unreasonably withheld, delayed or conditioned). If the Mortgagee shall fail to respond to the FCRHA within ten (10) Business Days after receipt of FCRHA’s request, or if the Mortgagee shall withhold its consent without specifying the reasons therefor in reasonable detail, then the Mortgagee shall be deemed to have consented to the proposed property manager.
(b) In addition to the remedies set forth in this Section 24.06, the FCRHA may avail itself to any other remedies set fort...
