Common use of Lender's Right to Cure Clause in Contracts

Lender's Right to Cure. If any Ground Lease Default shall occur and be continuing, or if any Ground Lessor asserts that a Ground Lease Default has occurred (whether or not the Borrowers question or deny such assertion), then, subject to the terms and conditions of the applicable Ground Lease, Lender, upon five (5) Business Days' prior written notice to the Borrowers, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's interest in the Ground Lease, may (but shall not be obligated to) take any action that Lender deems reasonably necessary, including, without limitation, (i) performance or attempted performance of the applicable Borrower's obligations under the applicable Ground Lease, (ii) curing or attempting to cure any actual or purported Ground Lease Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the applicable Ground Leased Property for any or all of such purposes. Upon Lender's request, each Borrower shall submit satisfactory evidence of payment or performance of any of its obligations under each Ground Lease. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended by Lender, together with interest thereon from the date of expenditure at the Default Rate.

Lender's Right to Cure. If any Ground Lease Condominium Default shall occur and be continuing, or if any Ground Lessor party to any Condominium Property Document asserts that a Ground Lease Condominium Default has occurred (whether or not the Borrowers question or deny such assertion), then, subject to the terms and conditions of the applicable Ground LeaseCondominium Property Documents, Lenderafter notice to the Condominium Borrower, Lender upon five (5) Business Days' prior written notice to the Borrowers, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's interest in the Ground Lease, may (but shall not be obligated to) take any action that Lender deems reasonably necessarynecessary to cure such Condominium Default, including, without limitation, , (i) performance or attempted performance of the applicable Borrower's Borrowers' obligations under the applicable Ground LeaseCondominium Property Documents, (ii) curing or attempting to cure any actual or purported Ground Lease Condominium Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the applicable Ground Leased Condominium Property for any or all of such purposes. Upon Lender's request, each the Condominium Borrower shall submit satisfactory evidence of payment or performance of any of its obligations under each Ground Leaseof the Condominium Property Documents. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended by LenderLender pursuant to this Section 5.26, together with interest thereon from the date of expenditure at the Default Rate.

Lender's Right to Cure. If any Ground Lease Default shall occur and be continuing, or if any Ground Lessor asserts that a Ground Lease Default has occurred (whether or not the Borrowers question or deny such assertion), then, subject to the terms and conditions of the applicable Ground Lease, Lender, upon five (5) Business Days' prior written notice to the Borrowers, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's interest in the Ground Lease, may (but shall not be obligated to) take any action that Lender deems reasonably necessary, including, without limitation, , (i) performance or attempted performance of the applicable Borrower's obligations under the applicable Ground Lease, (ii) curing or attempting to cure any actual or purported Ground Lease Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the applicable Ground Leased Property for any or all of such purposes. Upon Lender's request, each Borrower shall submit satisfactory evidence of payment or performance of any of its obligations under each Ground Lease. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended by Lender, together with interest thereon from the date of expenditure at the Default Rate.

Lender's Right to Cure. If any Ground Lease Default shall occur and be continuing, or if any Ground Lessor asserts that a Ground Lease Default has occurred (whether or not the Borrowers question or deny such assertion), then, subject to (i) the terms and conditions of the applicable Ground Lease, and (ii) the Borrowers' right to terminate Ground Leases in accordance with Section 5.23(A) hereof, Lender, upon five (5) Business Days' prior written notice to the Borrowers, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's interest in the Ground Lease, may (but shall not be obligated to) take any action that Lender deems reasonably necessary, including, without limitation, , (i) performance or attempted performance of the applicable Borrower's obligations under the applicable Ground Lease, (ii) curing or attempting to cure any actual or purported Ground Lease Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the applicable Ground Leased Property for any or all of such purposes. Upon Lender's request, each Borrower shall submit satisfactory evidence of payment or performance of any of its obligations under each Ground Lease. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended by Lender, together with interest thereon from the date of expenditure at the Default Rate.

Lender's Right to Cure. If any Ground Lease Easement Default shall occur and be continuing, or if any Ground Lessor the fee owner asserts that a Ground Lease an Easement Default has occurred (whether or not the Borrowers question or deny such assertion), then, subject to the terms and conditions of the applicable Ground Lease, Easement Lender, upon five (5) Business Days' prior written notice to the Borrowers, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's interest in the Ground LeaseEasement, may (but shall not be obligated to) take any action that Lender deems reasonably necessary, including, without limitation, , (i) performance or attempted performance of the applicable Borrower's obligations under the applicable Ground LeaseEasement, (ii) curing or attempting to cure any actual or purported Ground Lease Easement Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the applicable Ground Leased Property for any or all of such purposes. Upon Lender's request, each Borrower shall submit satisfactory evidence of payment or performance of any of its obligations under each Ground LeaseEasement. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended by Lender, together with interest thereon from the date of expenditure at the Default Rate.

Lender's Right to Cure. If Tenant shall deliver to Lender a copy of any Ground notice of any default(s) by landlord under the Lease Default in the same manner as, and whenever, Tenant shall occur give any such notice to Owner, and no such notice shall be continuingdeemed given to Owner unless and until a copy of such notice shall have been so delivered to Lender. Lender shall have the right to remedy, or cause to be remedied, any default by Owner under the Lease, and, for such purpose Tenant grants Lender such additional period of time as may be reasonable to enable Lender to remedy, or cause to be remedied, any such default in addition to the period given to Owner for remedying, or causing to be remedied, any such default. Tenant shall accept performance by Lender of any covenant or condition to be performed by Owner under the Lease with the same force and effect as though performed by Owner. No default by Landlord under the Lease shall exist or shall be deemed to exist (a) so long as Lender, in good faith, shall have commenced to cure such default within the above-referenced time period and shall be prosecuting the same to completion with reasonable diligence, subject to force majeure, or (b) if possession of the Premises is required in order to cure such default, or if any Ground Lessor asserts that a Ground Lease Default has occurred (whether or such default is not the Borrowers question or deny such assertion), then, subject to the terms and conditions susceptible of the applicable Ground Lease, Lender, upon five (5) Business Days' prior written notice to the Borrowers, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's interest in the Ground Lease, may (but shall not be obligated to) take any action that Lender deems reasonably necessary, including, without limitation, (i) performance or attempted performance of the applicable Borrower's obligations under the applicable Ground Lease, (ii) curing or attempting to cure any actual or purported Ground Lease Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the applicable Ground Leased Property for any or all of such purposes. Upon Lender's request, each Borrower shall submit satisfactory evidence of payment or performance of any of its obligations under each Ground Lease. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended being cured by Lender, together so long as Lender, in good faith, shall have notified Tenant that Lender intends to institute enforcement proceedings under the Security Documents, and, thereafter, so long as such proceedings shall have been instituted and shall be prosecuted with interest thereon from reasonable diligence. Lender shall have the date right, without notice to Tenant or Tenant’s consent, to foreclose the Mortgage or to accept a deed in lieu of expenditure at foreclosure of the Default Rate.Mortgage or otherwise realize upon the Mortgage or to exercise any other remedies under the Security Documents or state law. Table of Contents

Lender's Right to Cure. If any Ground Lease Condominium Default shall occur and be continuing, or if any Ground Lessor party to any Mortgaged Condominium Property Document asserts that a Ground Lease Condominium Default has occurred (whether or not the Borrowers question or deny such assertion), then, subject to the terms and conditions of the applicable Ground LeaseMortgaged Condominium Property Documents, after notice to the Borrowers, Lender, upon five (5) Business Days' prior written notice to the Borrowers, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's interest in the Ground Lease, may (but shall not be obligated to) take any action that Lender deems reasonably necessarynecessary to cure such Condominium Default, including, without limitation, , (i) performance or attempted performance of the applicable Condominium Mortgage Borrower's obligations under the applicable Ground LeaseMortgaged Condominium Property Documents, (ii) curing or attempting to cure any actual or purported Ground Lease Condominium Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the applicable Ground Leased Mortgaged Condominium Property for any or all of such purposes. Upon Lender's request, each Borrower the Borrowers shall submit satisfactory evidence of payment or performance of any of its obligations under each Ground Leaseof the Mortgaged Condominium Property Documents. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended by LenderLender pursuant to this Section 5.26, together with interest thereon from the date of expenditure at the Default Rate.

Lender's Right to Cure. If any Ground Lease Default or any Jekyll Island Ground Lease Default shall occur and be continuing, or if any Ground Lessor asserts that a Ground Lease Default or any Jekyll Island Ground Lease Default has occurred (whether or not the Borrowers question or deny such assertion), then, subject to the terms and conditions of the applicable Ground Lease, Lender, upon five (5) Business Days' prior written notice to the Borrowers, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's interest in the Ground Lease, may (but shall not be obligated to) take any action that Lender deems reasonably necessary, including, without limitation, , (i) performance or attempted performance of the applicable Borrower's Ground Lease Borrowers' obligations under the applicable Ground Lease, (ii) curing or attempting to cure any actual or purported Ground Lease Default or purported Jekyll Island Ground Lease Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the applicable Ground Leased Property for any or all of such purposes. Upon Lender's request, each Borrower the Borrowers shall submit satisfactory evidence of payment or performance of any of its obligations under each Ground Lease. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended by Lender, together with interest thereon from the date of expenditure at the Default Rate.

Lender's Right to Cure. If any Material Ground Lease Default shall occur and be continuing, and notice has been given pursuant to Section 5.21(C) or if any Ground Lessor asserts in writing to the Borrower or Lender that a material Ground Lease Default has occurred (whether or not the Borrowers question or deny such assertion), then, subject to (i) the terms and conditions of the applicable Ground Lease, and (ii) the Borrowers’ right to terminate Ground Leases in accordance with Section 5.21(A) hereof, Lender, upon five (5) Business Days' ’ prior written notice to the Borrowers, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's ’s interest in the Ground Lease, may (but shall not be obligated to) take any action that Lender deems reasonably necessary, including, without limitation, , (i) performance or attempted performance of the applicable Borrower's ’s obligations under the applicable Ground Lease, (ii) curing or attempting to cure any actual or purported Ground Lease Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the applicable Ground Leased Property Lease Site for any or all of such purposes. Upon Lender's ’s written request, each Borrower shall submit satisfactory evidence of payment or performance of any of its obligations under each Ground Lease. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended by Lender, together with interest thereon from the date of expenditure at the Default Advance Rate.

Lender's Right to Cure. If any Ground Lease Default shall occur and be continuing, or if any Ground Lessor asserts that a Ground Lease Default has occurred (whether or not the Borrowers question Borrower questions or deny denies such assertion), then, subject to the terms and conditions of the applicable Ground Lease, Lender, upon five (5) Business Days' prior written notice to the BorrowersBorrower, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's interest in the Ground Lease, may (but shall not be obligated to) take any action that Lender deems reasonably necessary, including, without limitation, , (i) performance or attempted performance of the applicable Borrower's Mortgage Borrowers' obligations under the applicable Ground Lease, (ii) curing or attempting to cure any actual or purported Ground Lease Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the applicable Ground Leased Property for any or all of such purposes. Upon Lender's request, each the Borrower shall submit satisfactory evidence of payment or performance of any of its obligations under each Ground Lease. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers Borrower shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended by Lender, together with interest thereon from the date of expenditure at the Default Rate.

Lender's Right to Cure. If any Ground Lease Condominium Default shall occur and be continuing, or if any Ground Lessor party to any Mortgaged Condominium Property Document asserts that a Ground Lease Condominium Default has occurred (whether or not the Borrowers question or deny such assertion), then, subject to the terms and conditions of the applicable Ground LeaseMortgaged Condominium Property Documents, Lenderafter notice to Condominium Borrower, Lender upon five (5) Business Days' prior written notice to the Borrowers, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's interest in the Ground Lease, may (but shall not be obligated to) take any action that Lender deems reasonably necessarynecessary to cure such Condominium Default, including, without limitation, , (i) performance or attempted performance of the applicable Borrower's Borrowers' obligations under the applicable Ground LeaseMortgaged Condominium Property Documents, (ii) curing or attempting to cure any actual or purported Ground Lease Condominium Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the applicable Ground Leased Mortgaged Condominium Property for any or all of such purposes. Upon Lender's request, each Borrower the Condominium Borrowers shall submit satisfactory evidence of payment or performance of any of its obligations under each Ground Leaseof the Mortgaged Condominium Property Documents. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended by LenderLender pursuant to this Section 5.26, together with interest thereon from the date of expenditure at the Default Rate.

Lender's Right to Cure. If any Ground Lease Condominium Default shall occur and be continuing, or if any Ground Lessor party to any Condominium Property Document asserts that a Ground Lease Condominium Default has occurred (whether or not the Borrowers question Borrower questions or deny denies such assertion), then, subject to the terms and conditions of the applicable Ground LeaseCondominium Property Documents, after notice to the Borrower, Lender, upon five (5) Business Days' prior written notice to the BorrowersBorrower, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's interest in the Ground Lease, may (but shall not be obligated to) take any action that Lender deems reasonably necessarynecessary to cure such Condominium Default, including, without limitation, , (i) performance or attempted performance of the applicable Condominium Borrower's obligations under the applicable Ground LeaseCondominium Property Documents, (ii) curing or attempting to cure any actual or purported Ground Lease Condominium Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the applicable Ground Leased Condominium Property for any or all of such purposes. Upon Lender's request, each the Borrower shall submit satisfactory evidence of payment or performance of any of its obligations under each Ground Leaseof the Condominium Property Documents. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers Borrower shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended by LenderLender pursuant to this Section 5.26, together with interest thereon from the date of expenditure at the Default Rate.

Lender's Right to Cure. If Tenant shall deliver to Lender a copy of any Ground notice of any default(s) by landlord under the Lease Default in the same manner as, and whenever, Tenant shall occur give any such notice to Owner, and no such notice shall be continuingdeemed given to Owner unless and until a copy of such notice shall have been so delivered to Lender. Lender shall have the right to remedy, or cause to be remedied, any default by Owner under the Lease, and, for such purpose Tenant grants Lender such additional period of time as may be reasonable to enable Lender to remedy, or cause to be remedied, any such default in addition to the period given to Owner for remedying, or causing to be remedied, any such default. Tenant shall accept performance by Lender of any covenant or condition to be performed by Owner under the Lease with the same force and effect as though performed by Owner. No default by Landlord under the Lease shall exist or shall be deemed to exist (a) so long as Lender, in good faith, shall have commenced to cure such default within the above-referenced time period and shall be prosecuting the same to completion with reasonable diligence, subject to force majeure, or (b) if possession of the Premises is required in order to cure such default, or if any Ground Lessor asserts that a Ground Lease Default has occurred (whether or such default is not the Borrowers question or deny such assertion), then, subject to the terms and conditions susceptible of the applicable Ground Lease, Lender, upon five (5) Business Days' prior written notice to the Borrowers, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's interest in the Ground Lease, may (but shall not be obligated to) take any action that Lender deems reasonably necessary, including, without limitation, (i) performance or attempted performance of the applicable Borrower's obligations under the applicable Ground Lease, (ii) curing or attempting to cure any actual or purported Ground Lease Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the applicable Ground Leased Property for any or all of such purposes. Upon Lender's request, each Borrower shall submit satisfactory evidence of payment or performance of any of its obligations under each Ground Lease. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended being cured by Lender, together so long as Lender, in good faith, shall have notified Tenant that Lender intends to institute enforcement proceedings under the Security Documents, and, thereafter, so long as such proceedings shall have been instituted and shall be prosecuted with interest thereon from reasonable diligence. Lender shall have the date right, without notice to Tenant or Tenant’s consent, to foreclose the Mortgage or to accept a deed in lieu of expenditure at foreclosure of the Default RateMortgage or otherwise realize upon the Mortgage or to exercise any other remedies under the Security Documents or state law.

Lender's Right to Cure. If With respect to any Ground Lease Default default or breach by DEVELOPER under this Agreement, CITY shall occur and be continuingprovide written notice (a “Cure Period Expiration Notice”) to Lender, or if any Ground Lessor asserts that a Ground Lease Default has occurred (whether or not the Borrowers question or deny such assertion), then, subject to the terms and conditions promptly upon expiration of the applicable Ground LeaseDEVELOPER’s cure period set forth in Section 9, Lender, upon five specifying the nature of such default or breach and stating that DEVELOPER’s period of time within which to cure such default or breach has expired without a cure having been effectuated. Lender shall have the right to cure such default within thirty (530) Business Days' prior written notice to days after the Borrowers, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's interest in the Ground Lease, may (but shall not be obligated to) take any action that Lender deems reasonably necessary, including, without limitation, (i) performance or attempted performance date of the applicable Borrower's obligations under the applicable Ground LeaseCure Period Expiration Notice; provided, (ii) curing or attempting however, if such default is susceptible to cure any actual or purported Ground Lease Default, but cannot reasonably be cured within such thirty (iii30) mitigating or attempting to mitigate any damages or consequences of the same day period and if curative action shall be commenced within such thirty (iv30) entry upon the applicable Ground Leased Property for any or all of such purposes. Upon Lender's request, each Borrower shall submit satisfactory evidence of payment or performance of any of its obligations under each Ground Lease. Lender may pay day period and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, is being continuously and the Borrowers shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended diligently pursued by Lender, together with interest thereon from then Lender shall be given an additional period of time as is reasonably necessary for Lender in the date exercise of expenditure at due diligence to cure such default. Without limiting the Default Rateforegoing, if it is necessary for Lender to obtain possession of the Property in order to cure such default, Lender shall have such additional period of time as is reasonably necessary for the Lender in the exercise of reasonable diligence to obtain possession of the Property, and such additional time as is reasonably necessary for the Lender in the exercise of reasonable diligence to cure the default. Such action shall not entitle a Lender to any funds to be disbursed pursuant to the Proposition 1C Grant Agreement and this Agreement unless such Lender shall agree in writing to perform all obligations of DEVELOPER hereunder under the terms of an assumption agreement between Lender and CITY. Notwithstanding the foregoing, Lender’s cure period may be shorter or longer as proscribed by HCD if the default notice was issued by CITY to DEVELOPER in reliance on a written default determination issued by HCD under the terms of the Proposition 1C Grant Agreement and the HCD Covenants.

Lender's Right to Cure. If any Ground Lease material Easement Default shall occur and be continuing, or if any Ground Lessor the fee owner asserts that a Ground Lease material Easement Default has occurred (whether or not the Borrowers question or deny such assertion), then, subject to the terms and conditions of the applicable Ground Lease, Easement Lender, upon five (5) Business Days' ’ prior written notice to the Borrowers, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's ’s interest in the Ground LeaseEasement, may (but shall not be obligated to) take any action that Lender deems reasonably necessary, including, without limitation, , (i) performance or attempted performance of the applicable Borrower's ’s obligations under the applicable Ground LeaseEasement, (ii) curing or attempting to cure any actual or purported Ground Lease Easement Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the applicable Ground Leased Property Site for any or all of such purposes. Upon Lender's ’s request, each Borrower shall submit satisfactory evidence of payment or performance of any of its obligations under each Ground LeaseEasement. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended by Lender, together with interest thereon from the date of expenditure at the Default Rate.

Lender's Right to Cure. If Tenant shall deliver to Lender a copy of any Ground notice of any default(s) by landlord under the Lease Default in the same manner as, and whenever, Tenant shall occur give any such notice to Owner, and no such notice shall be continuingdeemed given to Owner unless and until a copy of such notice shall have been so delivered to Lender. Lender shall have the right to remedy, or cause to be remedied, any default by Owner under the Lease, and, for such purpose Tenant grants Lender such additional period of time as may be reasonable to enable Lender to remedy, or cause to be remedied, any such default in addition to the period given to Owner for remedying, or causing to be remedied, any such default. Tenant shall accept performance by Lender of any covenant or condition to be performed by Owner under the Lease with the same force and effect as though performed by Owner. No default by Landlord under the Lease shall exist or shall be deemed to exist (a) so long as Lender, in good faith, shall have commenced to cure such default within the above-referenced time period and shall be prosecuting the same to completion with reasonable diligence, subject to force majeure, or (b) if possession of the Premises is required in order to cure such default, or if any Ground Lessor asserts that a Ground Lease Default has occurred (whether or such default is not the Borrowers question or deny such assertion), then, subject to the terms and conditions susceptible of the applicable Ground Lease, Lender, upon five (5) Business Days' prior written notice to the Borrowers, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's interest in the Ground Lease, may (but shall not be obligated to) take any action that Lender deems reasonably necessary, including, without limitation, (i) performance or attempted performance of the applicable Borrower's obligations under the applicable Ground Lease, (ii) curing or attempting to cure any actual or purported Ground Lease Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the applicable Ground Leased Property for any or all of such purposes. Upon Lender's request, each Borrower shall submit satisfactory evidence of payment or performance of any of its obligations under each Ground Lease. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended being cured by Lender, together so long as Lender, in good faith, shall have notified Tenant that Lender intends to institute enforcement proceedings under the Security Documents, and, thereafter, so long as such proceedings shall have been instituted and shall be prosecuted with interest thereon from reasonable diligence. Lender shall have the date right, without notice to Tenant or Tenant’s consent, to foreclose the Mortgage or to accept a deed in lieu of expenditure at foreclosure of the Default RateMortgage or otherwise realize upon the Mortgage or to exercise any other remedies under the Security Documents or state law. 6.

Lender's Right to Cure. If any material Ground Lease Default shall occur and be continuing, or if any Ground Lessor asserts that a material Ground Lease Default has occurred (whether or not the Borrowers question or deny such assertion), then, subject to (i) the terms and conditions of the applicable Ground Lease, and (ii) the Borrowers’ right to terminate Ground Leases in accordance with Section 5.21(A) hereof, Lender, upon five (5) Business Days' ’ prior written notice to the Borrowers, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's ’s interest in the Ground Lease, may (but shall not be obligated to) take any action that Lender deems reasonably necessary, including, without limitation, , (i) performance or attempted performance of the applicable Borrower's ’s obligations under the applicable Ground Lease, (ii) curing or attempting to cure any actual or purported Ground Lease Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the applicable Ground Leased Property Lease Site for any or all of such purposes. Upon Lender's ’s request, each Borrower shall submit satisfactory evidence of payment or performance of any of its obligations under each Ground Lease. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended by Lender, together with interest thereon from the date of expenditure at the Default Rateexpenditure.

Lender's Right to Cure. If any material Ground Lease Default shall occur and be continuing, and notice has been given pursuant to Section 5.21(C) or if any Ground Lessor asserts in writing to the Borrower or Lender that a material Ground Lease Default has occurred (whether or not the Borrowers question or deny such assertion), then, subject to (i) the terms and conditions of the applicable Ground Lease, and (ii) the Borrowers’ right to terminate Ground Leases in accordance with Section 5.21(A) hereof, Lender, upon five (5) Business Days' ’ prior written notice to the Borrowers, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's ’s interest in the Ground Lease, may (but shall not be obligated to) take any action that Lender deems reasonably necessary, including, without limitation, , (i) performance or attempted performance of the applicable Borrower's ’s obligations under the applicable Ground Lease, (ii) curing or attempting to cure any actual or purported Ground Lease Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the applicable Ground Leased Property Lease Site for any or all of such purposes. Upon Lender's ’s written request, each Borrower shall submit satisfactory evidence of payment or performance of any of its obligations under each Ground Lease. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended by Lender, together with interest thereon from the date of expenditure at the Default Advance Rate.

Lender's Right to Cure. If any Ground Lease Easement Default shall occur and be continuing, or if any Ground Lessor the fee owner asserts that a Ground Lease an Easement Default has occurred (whether or not the Borrowers question or deny such assertion), then, subject to the terms and conditions of the applicable Ground LeaseEasement, Lender, upon five (5) Business Days' prior written notice to the Borrowers, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's interest in the Ground LeaseEasement, may (but shall not be obligated to) take any action that Lender deems reasonably necessary, including, without limitation, , (i) performance or attempted performance of the applicable Borrower's obligations under the applicable Ground LeaseEasement, (ii) curing or attempting to cure any actual or purported Ground Lease Easement Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the applicable Ground Leased Property for any or all of such purposes. Upon Lender's request, each Borrower of the Borrowers shall submit satisfactory evidence of payment or performance of any of its obligations under each Ground LeaseEasement. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended by Lender, together with interest thereon from the date of expenditure at the Default Rate.

Lender's Right to Cure. If any Ground Lease Default or Prime Ground Lease Default shall occur and be continuing, or if any Ground Lessor asserts that a Ground Lease Default or if any Prime Ground Lessor asserts that a Prime Ground Lease Default has occurred (whether or not the Borrowers question or deny such assertion), then, subject to (i) the terms and conditions of the applicable Ground Lease or Prime Ground Lease, as applicable, and (ii) the Borrowers' right to terminate Ground Leases or Prime Ground Lease, as applicable in accordance with Section 5.23(A) hereof, Lender, upon five (5) Business Days' prior written notice to the Borrowers, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's interest in the Ground Lease or Prime Ground Lease, as applicable, may (but shall not be obligated to) take any action that Lender deems reasonably necessary, including, without limitation, , (i) performance or attempted performance of the applicable Borrower's obligations under the applicable Ground Lease or Prime Ground Lease, as applicable, (ii) curing or attempting to cure any actual or purported Ground Lease Default or Prime Ground Lease Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the applicable Ground Leased Property for any or all of such purposes. Upon Lender's request, each Borrower shall submit satisfactory evidence of payment or performance of any of its obligations under each Ground Lease or Prime Ground Lease, as applicable. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended by Lender, together with interest thereon from the date of expenditure at the Default Rate.

Lender's Right to Cure. If any Ground Lease Default shall occur and be continuingcontinuing under a Ground Lease which would be reasonably likely to result in the termination of such Ground Lease, or if any Ground Lessor asserts that such a Ground Lease Default has occurred (whether or not the Borrowers question or deny such assertion), then, subject to (i) the terms and conditions of the applicable Ground Lease, and (ii) the Borrowers’ right to terminate Ground Leases in accordance with Section 5.21(A) hereof, the Lender, upon five (5) Business Days' ’ prior written notice to the Borrowers, unless the Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect the Lender's ’s interest in the Ground Lease, may (but shall not be obligated to) take any action that the Lender deems reasonably necessary, including, without limitation, , (i) performance or attempted performance of the applicable Borrower's ’s obligations under the applicable Ground Lease, (ii) curing or attempting to cure any actual or purported Ground Lease Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the applicable Ground Leased Property Lease Site for any or all of such purposes. Upon the Lender's ’s request, each Borrower shall submit satisfactory evidence of payment or performance of any of its obligations under each Ground Lease. The Lender may pay and expend such sums of money as the Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers shall pay to the Lender within five (5) Business Days of the written demand of the Lender all such sums so paid or expended by the Lender, together with interest thereon from the date of expenditure at the Default Rateexpenditure.