Lessee Required to Pay. Costs of the Project in Event Note Proceeds Insufficient. In the event the proceeds of the 2000-1 Note available for payment of the costs of the Project and the other costs, fees and expenses listed in Section 3.8 should not be sufficient to pay the same in full, Lessee agrees to complete the Project and to pay all that portion of the costs of the Project and the other costs, fees and expenses listed in Section 3.8 as may be in excess of the monies available therefor from the proceeds of the 2000-1 Note. Lessor does not make any warranty, either express or implied, that the proceeds of the 2000-1 Note which, under the provisions of this Lease, will be available for payment of the costs of the Project, will be sufficient to pay all the costs which will be incurred in that connection.
Lessee Required to Pay. Costs of the Project in Event Note Proceeds Insufficient. In the event the proceeds of the 2000-1 Note available for payment of the costs of the Project and the other costs, fees and expenses listed in Section 3.8 should not be sufficient to pay the same in full, Lessee agrees to complete the Project and to pay all that portion of the costs of the Project and the other costs, fees and expenses listed in Section 3.8 as may be in excess of the monies available therefor from the proceeds of the 2000-1 Note. Lessor does not make any warranty, either express or implied, that the proceeds of the 2000-1 Note which, under the provisions of this Lease, will be available for payment of the costs of the Project, will be sufficient to pay all the costs which will be incurred in that connection. Section 3.10 Lessor to Pursue Remedies Against Contractors, Subcontractors and Suppliers and Their Sureties. In the event of default of any contractor, subcontractor or supplier under any contract made by it in connection with the Project or in the event of breach of warranty with respect to any material, workmanship or performance guarantee, Lessor will, at the written request of Lessee, promptly proceed (subject to Lessor's advice to the contrary), either separately or in conjunction with others, to exhaust the remedies of Lessor against the contractor, subcontractor, or supplier so in default and against each surety for the performance of such contract. Lessee agrees to advise Lessor of the steps it intends to take in connection with any such default. If Lessee shall so notify Lessor, Lessee may, in its own name or in the name of Lessor, prosecute or defend any action or proceeding or take any other action involving any such contractor, subcontractor or surety which the Lessee deems reasonably necessary, and in such event Lessor hereby agrees to cooperate fully with Lessee and to take all action necessary to effect the substitution of Lessee for Lessor in any such action or proceeding. Any amounts recovered by way of damages, refunds, adjustments or otherwise in connection with the foregoing shall be paid to Lessee. Section 3.11
