Mortgagee Cure Rights. If any act or omission by Lessor would give Tenant the right, immediately or after lapse of time, to cancel or terminate this Lease or to claim a partial or total eviction, or abatement of rent, setoff or counterclaim not otherwise expressly permitted by the terms of this Lease, Tenant will not exercise any such right until (i) it has given written notice of such act or omission to each Superior Mortgagee whose name and address shall have previously been furnished to Tenant, by delivering notice of such act or omission addressed to each such party at its last address so furnished, (ii) Lessor shall have failed to cure the same within the time limits set forth in this Lease, and (iii) following the giving of such notice, no Superior Mortgagee and no Superior Lessor shall have remedied such act or omission (x) in the case of an act or omission which is capable of being remedied without possession of this Leased Property, within the cure period available to Lessor under this Lease plus sixty (60) days and (y) in the case of any act or omission which is incapable of being remedied without possession of the applicable Leased Property, within sixty (60) days following the date on which possession is obtained (either by such Superior Mortgagee or Superior Lessor or by a receiver in an action commenced by such Superior Mortgagee or Superior Lessor), provided a Superior Mortgagee or Superior Lessor has promptly commenced action to obtain possession and shall diligently pursue such action to completion and provided further that such Superior Mortgagee or Superior Lessor shall, with reasonable diligence, give Tenant notice of its intention to, and commence and continue to, remedy such act or omission or cause the same to be remedied.
Mortgagee Cure Rights. If Landlord shall have failed to cure any default within the time period provided for in the Lease (including any applicable notice and grace periods) and Tenant exercises any right to terminate the Lease, Mortgagee shall have an additional 30 days within which to cure such default, or if such default cannot by the exercise of reasonable efforts by Mortgagee be cured within such period, then such additional time as may be reasonable necessary to effect such a cure (including, if necessary, sufficient time to complete foreclosure proceedings) provided that Mortgagee shall commence and thereafter diligently pursue remedies to cure such default. The Lease shall not be terminated (i) while such remedies are being diligently pursued or (ii) based upon a default which is personal to Landlord and therefore not susceptible to cure by Mortgagee or which requires possession of the Premises to cure. Mortgagee shall in no event be obligated to cure any such default by Landlord unless it forecloses. Nothing in this Section 7 shall affect any of Tenant's termination rights under the Lease due to casualty or condemnation.
Mortgagee Cure Rights. If any act or omission by Landlord would give Tenant the right, immediately or after lapse of time, to cancel or terminate this Lease or to claim a partial or total eviction, or an abatement of Rent, setoff or counterclaim not otherwise expressly permitted by the terms of this Lease, or to declare a default hereunder, Tenant will not exercise any such right until (i) it has given written notice of such act or omission to each Facility Mortgagee whose name and address shall have previously been furnished to Tenant, (ii) Landlord shall have failed to cure the same after the delivery of such notice as may be herein required and within the time limits set forth in this Lease, and (iii) following the giving of such notice to each Facility Mortgagee, no Facility Mortgagee shall have remedied such act or omission (x) in the case of an act or omission that is capable of being remedied without possession of the applicable Leased Property, within the cure period available to Landlord under this Lease plus thirty (30) days; and (y) in the case of any act or omission that is incapable of being remedied without possession of the applicable Leased Property, within thirty (30) days following the date on which possession is obtained (either by such Facility Mortgagee or by a receiver in an action commenced by such Facility Mortgagee).
Mortgagee Cure Rights. 85 Section 21.4 Modifications................................................................. 86 Section 21.5 Existing Ground Leases........................................................ 86 ARTICLE XXII.................................................................................. 87 Section 22.1 Notice to Lessor.............................................................. 87 Section 22.2 Definitions................................................................... 88 Section 22.3 Consent of Leasehold Mortgagee Required....................................... 88
Mortgagee Cure Rights. 44 Section 21.4. Modifications........................................44 ARTICLE XXII
Mortgagee Cure Rights. Each mortgagee of a Party who shall have notified the other Parties of its name and address shall be entitled to notice of any default or mandatory withdrawal event hereunder on the part of such first Party and shall have the opportunity to cure such default or mandatory withdrawal event until ten (10) days after the later of (i) the expiration of the cure period allowed to such first Party hereunder or (ii) such mortgagee's receipt of such notice; provided, however, that (a) a default or mandatory withdrawal event that by its nature is incapable of cure by such mortgagee shall be deemed cured if such mortgagee promptly commences, and diligently prosecutes to completion, proceedings to acquire the Defaulting Party's interests in its premises and under the Project Agreements and hereunder, and (b) such additional mortgagee cure period shall not affect any cure periods provided by the Energy Provider to such mortgagee(s) under any of the other Project Agreements. In the event that a Party or its trustee rejects this Agreement in a bankruptcy proceeding, then (i) such Party's Energy Service Agreement shall be deemed automatically rejected as provided in Section 4.3 above and (ii) such Party's mortgagee (x) will enter into an agreement with the other Party or Parties to this Agreement in a form substantially similar to this Agreement which shall contain the same conditions, agreements, terms, provisions, and limitations as this Agreement (except for any obligations which have been performed by Aladdin prior to such rejection or termination), (y) in the case of Aladdin, will enter into new Aladdin Energy Documents (as such term is defined in that certain Subordination, Non- Disturbance and Attornment Agreement, and Consent between Aladdin, the Administrative Agent and others having an effective date as of May 27, 1999 (the "Subordination Agreement")), in each case in accordance with the provisions of clause (e) Section 1.4 of the Subordination Agreement and (z) in the case of Bazaar, will enter into a new Bazaar ESA which shall contain the same conditions, agreements, terms, provisions, and limitations as the current Bazaar ESA (except for any obligations which have been performed by Bazaar prior to such rejection or termination).
Mortgagee Cure Rights. 65 20.4 Modifications...................................................65
Mortgagee Cure Rights. 50 20.4. MODIFICATIONS................................................................ 50
Mortgagee Cure Rights. If Landlord shall have failed to cure any --------------------- default within the time period provided for in the Lease (including any applicable notice and grace periods), and thereafter Tenant exercises any right to terminate the Lease, Mortgagee shall have an additional 30 days within which to cure such default, or if such default cannot be cured by the payment of money or reasonably requires more than 30 days to cure, then Mortgagee shall have such additional time as may be reasonably necessary to complete such a cure (including, if necessary, sufficient time to complete foreclosure proceedings) provided that Mortgagee commences such cure within such 30-day period, Mortgagee thereafter diligently prosecutes the same to completion, and Mortgagee completes such cure no more than 60 days after the expiration of such 30-day period. The Lease shall not be terminated (i) while such remedies are being diligently pursued or (ii) based upon a default that is personal to Landlord and therefore not susceptible to cure by Mortgagee or that requires possession of the Premises to cure. Mortgagee shall in no event be obligated to cure any such default by Landlord unless it forecloses. Nothing in this Section 7 shall affect any of --------- Tenant's termination rights under the Lease due to casualty or condemnation.
Mortgagee Cure Rights. Notwithstanding any other provision in this Agreement for notices of default, each Mortgagee of Developer where Developer is in default hereunder shall be entitled to notice of said default, in the same manner that other notices are required to be given under this Agreement; provided, however, that said Mortgagee shall have, prior to the time of default, notified the TJPA of the Mortgagee’s interest in Parcel F, provided the Mortgagee’s mailing address, and requested notices that are required to be given under this Agreement. In the event that any notice shall be given of the default of Developer, then the TJPA shall provide a copy of the notice to such Mortgagee (which has previously given the above stated notice of its mailing address to the TJPA) under any Mortgage affecting Parcel F or portion thereof at the same time that the TJPA gives notice of the default to Developer, that Developer is in default and such Mortgagee shall have (i) five (5) days in the event of a breach of this Agreement, or (ii) three (3) days in the event of an immediate and serious danger to person or property. If the TJPA fails to provide the required notice to Mortgagee, then the Mortgagee’s period to cure shall not start until the TJPA provides the required notice to Mortgagee. If such default cannot reasonably be cured within the required period, and Mortgagee has commenced the cure within the required cure period and is diligently prosecuting such cure, the cure period shall be such period as is reasonably required to prosecute such cure to completion. If the cure of a default requires possession of Parcel F or any part of Parcel F, the periods for cure referred to in this Section 16 shall each be deemed to commence when the Mortgagee has obtained (i) possession of Parcel F,
