Common use of Notice and Cure Rights Clause in Contracts

Notice and Cure Rights. (i) Lessor, upon serving Lessee with any notice of default under the provisions of, or with respect to, this Agreement, shall also serve a copy of such notice upon the Lessee Lender (in the same manner as required by for notices to Lessee) at the address specified herein, or at such other address as a Lessee Lender shall designate in writing to Lessor. (ii) In the event of a default or breach by Lessee under this Agreement, the Lessee Lender shall have the right, but not the obligation, to remedy such event, or cause the same to be remedied, within ten days (10) days after the expiration of all applicable grace or cure periods provided to Lessee in this Agreement, in the event of a monetary default or breach, or within sixty (60) days after the expiration of all applicable grace or cure periods provided to Lessee in this Agreement in the event of any other breach or default, and Lessor shall accept such performance by or at the instance of the Lessee Lender as if the same had been made by Lessee, provided, that if any such non-monetary default or breach that is capable of cure requires Lessee Lender to acquire possession of the Lessee's interest in the Sites that are the subject of such breach or default, such period will be extended for such reasonable period as may be required to obtain such possession and cure such default of breach; provided, however, during such extended period, Lessee Lender must continue to cure other defaults and breaches in accordance with the provisions of this Section 40(b)(ii). (iii) In the event of the termination of this Agreement prior to the expiration of the Term of this Agreement as provided herein for any reason (other than Lessee's failure to cure under (ii) above), including pursuant to Section 365 of the federal bankruptcy code, as amended from time to time, including any successor legislation thereto, or otherwise, Lessor shall serve upon Lessee Lender written notice that this Agreement has been terminated, together with a statement of any and all sums due under this Agreement and of all breaches and events of default under this Agreement, if any, then known to Lessor. Lessee Lender thereupon shall have the option, which option must be exercised by Lessee Lender's delivering notice to Lessor within then (10) Business Days after the Lessee Lender's receipt of notice from Lessor that the Lease has been terminated to cure any such Lessee breaches or Lessee events of default (and any Lessee breaches or Lessee events of default not susceptible of being cured by the Lessee Lender shall be deemed to have been waived) and the right to enter into a new lease (the "NEW LEASE") (i) effective as of the date of termination of this Agreement, (ii) for the remainder of what otherwise would have been the Term of this Agreement but for such termination, (iii) at and upon all the agreements, terms, covenants, and conditions of this Agreement (with no Rent or Pre-Lease Rent payable thereunder), and (iv) including any applicable right to exercise the purchase option under Section 36 (collectively, the "NEW LEASE TERMS"). Upon the execution and delivery of a new lease under this Section 40, all Collocation Agreements and other agreements which theretofore may have been assigned to the Lessor (or reverted back to Lessor as a matter of law) thereupon shall be assigned and transferred, without recourse, representation or warranty, by Lessor to the lessee named in such new lease. (iv) Any notice or other communication which a Lessee Lender shall desire or is required to give to or serve upon Lessor shall be deemed to have been duly given or served if sent to Lessor in accordance with the provisions of this Agreement at the address set forth herein.

Notice and Cure Rights. (i) LessorAT&T Lessors, upon serving Lessee Tower Operator with any notice of default under the provisions of, or with respect to, this Agreement, shall also serve a copy of such notice upon the Lessee Tower Operator Lender (in the same manner as required by for notices to LesseeTower Operator) at the address specified herein, or at such other address as that a Lessee Tower Operator Lender shall designate designates in writing to LessorAT&T Lessors. (ii) In Without limiting any AT&T Lessor’s rights under this Agreement to cure any event of default or breach by Tower Operator under this Agreement, in the event of a default or breach by Lessee Tower Operator under this Agreement, the Lessee Tower Operator Lender shall have the right, but not the obligation, to remedy such event, or cause the same to be remedied, within ten days (10) 10 days after the expiration of all applicable grace or cure periods provided to Lessee Tower Operator in this Agreement, in the event of a monetary default or breach, or within sixty (60) 60 days after the expiration of all applicable grace or cure periods provided to Lessee Tower Operator in this Agreement in the event of any other breach or default, and Lessor AT&T Lessors shall accept such performance by or at the instance of the Lessee Tower Operator Lender as if the same had been made by LesseeTower Operator; provided, providedhowever, that if any such non-monetary default or breach that is capable of cure requires Lessee Tower Operator Lender to acquire possession of the Lessee's Tower Operator’s interest in the Sites that are the subject of such breach or default, such period will shall be extended for such reasonable period as may be required to obtain such possession and cure such default of or breach; provided, however, that during such extended period, Lessee Tower Operator Lender must continue to cure other defaults and breaches in accordance with the provisions of this Section 40(b)(ii21(b)(ii). (iii) In the event of the termination of this Agreement prior to the expiration of the Term of this Agreement as provided herein for any reason (other than Lessee's excluding Tower Operator’s failure to cure under (ii) aboveabove and terminations under Sections 4(d)(iv), 35 and 36, but including pursuant to Section 365 of the federal bankruptcy codeBankruptcy Code, as amended from time to time, including any successor legislation thereto), or otherwise, Lessor AT&T Lessors shall serve upon Lessee Tower Operator Lender written notice that this Agreement has been terminated, together with a statement of any and all sums due under this Agreement and of all breaches and events of default under this Agreement, if any, then known to LessorAT&T Lessors. Lessee During the ten (10) Business Days following Tower Operator Lender’s receipt from AT&T Lessors of such written notice that this Agreement has been terminated, Tower Operator Lender thereupon shall have the option, which option must be exercised by Lessee Tower Operator Lender's ’s delivering notice to Lessor AT&T Lessors within then the aforementioned ten (10) Business Days after the Lessee Lender's receipt of notice from Lessor that the Lease has been terminated Day period, to cure any such Lessee Tower Operator breaches or Lessee Tower Operator events of default (and any Lessee Tower Operator breaches or Lessee Tower Operator events of default not susceptible of being cured by the Lessee Tower Operator Lender shall be deemed to have been waived) and the right (subject to such cure) to enter into a new lease (the "NEW LEASE"“New Lease”) (iA) effective as of the date of termination of this Agreement, (iiB) for the remainder of what otherwise would have been the Term of this Agreement but for such termination, (iiiC) at and upon all the agreements, terms, covenants, and conditions of this Agreement (with no provided that Tower Operator Lender shall not have any obligation to pay AT&T Lessors Rent or Pre-Lease Rent payable thereunderRent), and (ivD) including any applicable right to exercise the purchase option Purchase Option under Section 36 (collectively, the "NEW LEASE TERMS")20. Upon the execution and delivery of a new lease New Lease under this Section 4021, all Collocation Agreements and other agreements which theretofore may have been assigned to the AT&T Lessor (or reverted back to such AT&T Lessor as a matter of lawLaw) thereupon shall be assigned and transferred, without recourse, representation or warranty, by such AT&T Lessor to the lessee named in such new leaseNew Lease. (iv) Any notice or other communication which that a Lessee Tower Operator Lender shall desire desires or is required to give to or serve upon Lessor AT&T Lessors shall be deemed made in the same manner as required for notices to have been duly given or served if sent to Lessor AT&T Lessors in accordance with the provisions of this Agreement at the address set forth hereinherein or such other address as AT&T Lessors may provide to Tower Operator Lender from time to time.

Notice and Cure Rights. (i) LessorT-Mobile Lessors, upon serving Lessee Tower Operator with any notice of default under the provisions of, or with respect to, this Agreement, shall also serve a copy of such notice upon the Lessee Tower Operator Lender (in the same manner as required by for notices to LesseeTower Operator) at the address specified herein, or at such other address as that a Lessee Tower Operator Lender shall designate designates in writing to LessorT-Mobile Lessors. (ii) In the event of a default or breach by Lessee Tower Operator under this Agreement, the Lessee Tower Operator Lender shall have the right, but not the obligation, to remedy such event, or cause the same to be remedied, within ten days (10) 10 days after the expiration of all applicable grace or cure periods provided to Lessee Tower Operator in this Agreement, in the event of a monetary default or breach, or within sixty (60) 60 days after the expiration of all applicable grace or cure periods provided to Lessee Tower Operator in this Agreement in the event of any other breach or default, and Lessor T-Mobile Lessors shall accept such performance by or at the instance of the Lessee Tower Operator Lender as if the same had been made by LesseeTower Operator; provided, providedhowever, that if any such non-monetary default or breach that is capable of cure requires Lessee Tower Operator Lender to acquire possession of the Lessee's Tower Operator’s interest in the Sites that are the subject of such breach or default, such period will shall be extended for such reasonable period as may be required to obtain such possession and cure such default of or breach; provided, however, that during such extended period, Lessee Tower Operator Lender must continue to cure other defaults and breaches in accordance with the provisions of this Section 40(b)(ii21(b)(ii). (iii) In the event of the termination of this Agreement prior to the expiration of the Term of this Agreement as provided herein for any reason (other than Lessee's Tower Operator’s failure to cure under (ii) above), including pursuant to Section 365 of the federal bankruptcy codeBankruptcy Code, as amended from time to time, including any successor legislation thereto, or otherwise, Lessor T-Mobile Lessors shall serve upon Lessee Tower Operator Lender written notice that this Agreement has been terminated, together with a statement of any and all sums due under this Agreement and of all breaches and events of default under this Agreement, if any, then known to LessorT-Mobile Lessors. Lessee Tower Operator Lender thereupon shall have the option, which option must be exercised by Lessee Tower Operator Lender's ’s delivering notice to Lessor T-Mobile Lessors within then (10) 10 Business Days after the Lessee Tower Operator Lender's ’s receipt of such notice from Lessor that the Lease has been terminated T-Mobile Lessors, to cure any such Lessee Tower Operator breaches or Lessee Tower Operator events of default (and any Lessee Tower Operator breaches or Lessee Tower Operator events of default not susceptible of being cured by the Lessee Tower Operator Lender shall be deemed to have been waived) and the right (subject to such cure) to enter into a new lease (the "NEW LEASE"“New Lease”) (iA) effective as of the date of termination of this Agreement, (iiB) for the remainder of what otherwise would have been the Term of this Agreement but for such termination, (iiiC) at and upon all the agreements, terms, covenants, and conditions of this Agreement (with no provided that Tower Operator Lender shall not have any obligation to pay T-Mobile Lessors Rent or Pre-Lease Rent payable thereunderRent), and (ivD) including any applicable right to exercise the purchase option Purchase Option under Section 36 (collectively, the "NEW LEASE TERMS")20. Upon the execution and delivery of a new lease New Lease under this Section 4021, all Collocation Agreements and other agreements which theretofore may have been assigned to the any T-Mobile Lessor (or reverted back to such T-Mobile Lessor as a matter of lawLaw) thereupon shall be assigned and transferred, without recourse, representation or warranty, by such T-Mobile Lessor to the lessee named in such new leaseNew Lease. (iv) Any notice or other communication which that a Lessee Tower Operator Lender shall desire desires or is required to give to or serve upon Lessor T-Mobile Lessors shall be deemed made in the same manner as required for notices to have been duly given or served if sent to Lessor T-Mobile Lessors in accordance with the provisions of this Agreement at the address set forth hereinherein or such other address as T-Mobile Lessors may provide to Tower Operator Lender from time to time.

Notice and Cure Rights. (i) LessorVerizon Lessors, upon serving Lessee Tower Operator with any notice of default under the provisions of, or with respect to, this Agreement, shall also serve a copy of such notice upon the Lessee Tower Operator Lender (in the same manner as required by for notices to LesseeTower Operator) at the address specified herein, or at such other address as that a Lessee Tower Operator Lender shall designate designates in writing to LessorVerizon Lessors in accordance with the notice provisions of this Agreement. (ii) In Without limiting any Verizon Lessor’s rights under this Agreement to cure any event of default or breach by Tower Operator under this Agreement, in the event of a default or breach by Lessee Tower Operator under this Agreement, the Lessee Tower Operator Lender shall have the right, but not the obligation, to remedy such event, or cause the same to be remedied, within ten days (10) 10 days after the expiration of all applicable grace or cure periods provided to Lessee Tower Operator in this Agreement, in the event of a monetary default or breach, or within sixty (60) 30 days after the expiration of all applicable grace or cure periods provided to Lessee Tower Operator in this Agreement in the event of any other breach or default, and Lessor Verizon Lessors shall accept such performance by or at the instance of the Lessee Tower Operator Lender as if the same had been made by Lessee, provided, that if any such non-monetary default or breach that is capable of cure requires Lessee Lender to acquire possession of the Lessee's interest in the Sites that are the subject of such breach or default, such period will be extended for such reasonable period as may be required to obtain such possession and cure such default of breach; provided, however, during such extended period, Lessee Lender must continue to cure other defaults and breaches in accordance with the provisions of this Section 40(b)(ii)Tower Operator. (iii) In the event of the termination of If this Agreement is terminated prior to the expiration of the Term of this Agreement as provided herein for any reason (other than Lessee's excluding Tower Operator Lender’s failure to cure under (iiSection 21(b)(ii) above), but including a termination pursuant to Section 365 of the federal bankruptcy code29(d)(iii)), as amended from time to time, including any successor legislation thereto, or otherwise, Lessor then Verizon Lessors shall serve upon Lessee Tower Operator Lender written notice that this Agreement has been terminated, together with a statement any notices of any and all sums due default that Verizon Lessors have provided to Tower Operator under the terms of this Agreement and (but only to the extent not previously provided to Tower Operator Lender). During the 10 Business Days following Tower Operator Lender’s receipt from Verizon Lessors of all breaches and events of default under such written notice that this AgreementAgreement has been terminated, if any, then known to Lessor. Lessee Tower Operator Lender thereupon shall have the option, which option must be exercised by Lessee Tower Operator Lender's ’s delivering notice to Lessor Verizon Lessors within then the aforementioned 10 Business Day period, to: (10A) Business Days after the Lessee Lender's receipt of notice from Lessor that the Lease has been terminated to cure any such Lessee Tower Operator breaches or Lessee events of default defaults (and any Lessee breaches or Lessee events of default other than Tower Operator defaults that are not susceptible of being cured by the Lessee Tower Operator Lender (e.g., defaults under Section 29(d)(iii) or defaults caused by the legal or financial status of Tower Operator) shall be deemed to have been waivedwaived as between Tower Operator Lender and the Verizon Lessors but will not be deemed to have been waived as between Verizon Lessors and Tower Operator; provided that the following types of defaults, among others, will be deemed to be defaults that are susceptible to being cured by Tower Operator Lender: monetary defaults (including but not limited to defaults with respect to indemnity obligations); defaults relating to interference with any Verizon Collocator’s Communications Equipment or operations at any Site; or defaults relating to the failure to maintain, modify or perform required services at any Site; (B) reimburse the Verizon Lessors and their Affiliates for all costs and expenses incurred with such termination, entering into the New Lease provided for in Section 21(b)(iii)(C) and the right to enter into reassigning any collocation agreements; and (C) following payment and performance in full of such cure, cause a new lease (the "NEW LEASE"“New Lease”) to be entered into (i1) effective as of the date of termination of this Agreement, (ii2) for the remainder of what otherwise would have been the Term of this Agreement but for such termination, (iii3) at and upon all the agreements, terms, covenants, and conditions of this Agreement (with provided that Tower Operator Lender would have no obligation to pay to Verizon Lessors the Rent or Pre-Lease Rent payable thereunderdescribed in Section 10), and (iv4) including any applicable right to exercise the purchase option Purchase Option under Section 36 20, (collectively5) between the Verizon Lessors and the Tower Operator Lender (or a wholly-owned affiliate thereof); provided that the Sites are operated by an agent for the Tower Operator Lender that is of good reputation in the United States tower industry, has at least 10 years of experience in the "NEW LEASE TERMS")United States tower industry and is experienced with tower portfolios of similar size to the tower portfolio subject to this Agreement. Upon the execution and delivery of a new lease New Lease under this Section 4021(b)(iii)(B), all Collocation Agreements and other agreements which theretofore may have been assigned to the Verizon Lessor (or reverted back to such Verizon Lessor as a matter of lawLaw) thereupon shall be assigned and transferred, without recourse, representation or warranty, by such Verizon Lessor to the lessee named in such new leaseNew Lease. (iv) Any notice or other communication which that a Lessee Tower Operator Lender shall desire desires or is required to give to or serve upon Lessor Verizon Lessors shall be deemed made in the same manner as required for notices to have been duly given or served if sent to Lessor Verizon Lessors in accordance with the provisions of this Agreement at the address set forth hereinherein or such other address as Verizon Lessors may provide to Tower Operator Lender from time to time.

Notice and Cure Rights. (i) LessorThe Senior Agent hereby agrees with and for the benefit of the Subordinated Agent and each Subordinated Lender that, upon serving Lessee when giving notice to the Senior Borrowers with any notice respect to a "default," "Default," "event of default default" or "Event of Default" under the provisions ofSenior Loan Documents or an acceleration of the Senior Credit, or with respect to, this Agreement, shall the Senior Agent will also serve simultaneously give a copy of any such notice upon the Lessee Lender (in the same manner as required by for notices to Lessee) at the address specified herein, or at such other address as a Lessee Lender shall designate in writing to Lessor. (ii) In the event of a default or breach by Lessee under this Agreement, the Lessee Lender shall have the right, but not the obligation, to remedy such event, or cause the same to be remedied, within ten days (10) days after the expiration of all applicable grace or cure periods provided to Lessee in this Agreement, in the event of a monetary default or breach, or within sixty (60) days after the expiration of all applicable grace or cure periods provided to Lessee in this Agreement in the event of any other breach or default, and Lessor shall accept such performance by or at the instance of the Lessee Lender as if the same had been made by Lessee, provided, that if any such non-monetary default or breach that is capable of cure requires Lessee Lender to acquire possession of the Lessee's interest in the Sites that are the subject of such breach or default, such period will be extended for such reasonable period as may be required to obtain such possession and cure such default of breach; provided, however, during such extended period, Lessee Lender must continue to cure other defaults and breaches in accordance with the provisions of this Section 40(b)(ii). (iii) In the event of the termination of this Agreement prior to the expiration Subordinated Agent and that the Subordinated Agent and the Subordinated Lenders shall be afforded the period of the Term of this Agreement as provided herein for any reason (other than Lessee's failure to cure under (ii) above), including pursuant to Section 365 of the federal bankruptcy code, as amended from time to time, including any successor legislation thereto, or otherwise, Lessor shall serve upon Lessee Lender written notice that this Agreement has been terminated, together with a statement of any and all sums due under this Agreement and of all breaches and events of default under this Agreement, if any, then known remaining to Lessor. Lessee Lender thereupon shall have the optionSenior Borrowers under the Senior Loan Documents, which option must be exercised by Lessee Lender's delivering or, if longer, specified in any notice provided to Lessor within then (10) Business Days after the Lessee Lender's receipt of notice from Lessor that the Lease has been terminated Senior Borrowers to cure any such Lessee breaches "default," "Default," "event of default" or Lessee events "Event of default (Default" prior to the acceleration of or exercise of other rights with respect to the Senior Credit by the Senior Agent. Notwithstanding the preceding sentence, in no event shall the period for cure applicable to the Subordinated Agent and the Subordinated Lenders expire prior to the period for cure applicable to the Senior Borrowers. In the event that the Subordinated Agent and the Subordinated Lenders shall cure any Lessee breaches "default", "Default", "event of default" or Lessee events "Event of default Default" under the Senior Loan Documents pursuant to the cure rights granted to such parties hereunder, then the Senior Agent shall promptly and completely accept said curative action and shall not susceptible thereafter take or institute, or cause to be taken or instituted, any action with respect to such "default," "Default," "event of being default" or "Event of Default" so cured by the Lessee Lender Subordinated Agent or the Subordinated Lenders. Notwithstanding the foregoing, the Senior Agent acknowledges that neither the Subordinated Agent nor any of the Subordinated Lenders shall be deemed obligated to have been waived) cure any such "default", "Default", "event of default" or "Event of Default". The Subordinated Agent hereby agrees with and for the right to enter into a new lease (the "NEW LEASE") (i) effective as benefit of the date Senior Agent that when giving notice to the REIT with respect to a "default", "Default," "event of termination default" or "Event of this AgreementDefault" under the Subordinated Loan Documents or an acceleration of the Subordinated Loan, (ii) for or exercise of any rights under the remainder of what otherwise would have been the Term of this Agreement but for such termination, (iii) at and upon all the agreements, terms, covenants, and conditions of this Agreement (with no Rent or Pre-Lease Rent payable thereunder), and (iv) including any applicable right to exercise the purchase option under Section 36 (collectivelyPledges, the "NEW LEASE TERMS"). Upon the execution and delivery Subordinated Agent will also simultaneously give a copy of a new lease under this Section 40, all Collocation Agreements and other agreements which theretofore may have been assigned any such notice to the Lessor (or reverted back to Lessor as a matter of law) thereupon shall be assigned and transferred, without recourse, representation or warranty, by Lessor to the lessee named in such new leaseSenior Agent. (iv) Any notice or other communication which a Lessee Lender shall desire or is required to give to or serve upon Lessor shall be deemed to have been duly given or served if sent to Lessor in accordance with the provisions of this Agreement at the address set forth herein.

Notice and Cure Rights. (ia) Lessor, upon serving Lessee with any notice Notice and Cure Rights of default under the provisions of, or with respect to, this Agreement, Xxxxxx Xxxxxx. Bank agrees that it shall also serve not complete a copy of such notice upon the Lessee Foreclosure Remedy unless and until Junior Lender (in the same manner as required by for notices to Lessee) at the address specified herein, or at such other address as has first been given a Lessee Lender shall designate in writing to Lessor. (ii) In the event of a default or breach by Lessee under this Agreement, the Lessee Lender shall have the right, but not the obligation, to remedy such event, or cause the same to be remedied, within ten days (10) days after the expiration of all applicable grace or cure periods provided to Lessee in this Agreement, in the event of a monetary default or breach, or within sixty (60) days after the expiration of all applicable grace or cure periods provided to Lessee in this Agreement in the event of any other breach or defaultDefault Notice, and Lessor shall accept such performance by or at Junior Lender has failed to cure the instance of Noticed Defaults with the Lessee Lender as if the same had been made by Lessee, provided, that if any such non-monetary default or breach that is capable of cure requires Lessee Lender to acquire possession of the Lessee's interest in the Sites that are the subject of such breach or default, such period will be extended for such reasonable period as may be required to obtain such possession and cure such default of breachCure Period; provided, however, that Bank shall be entitled during such extended period, Lessee Lender must the Cure Period to continue to cure other defaults pursue all of its rights and breaches in accordance with remedies under the provisions of this Section 40(b)(ii). (iii) In the event Loan Documents, including but not limited to acceleration of the termination of this Agreement prior Note (subject to the expiration de-acceleration provisions set forth below), commencement and pursuit of foreclosure (but not completion of the Term of this Agreement as provided herein for any reason (other than Lessee's failure to cure under (ii) aboveforeclosure sale), including pursuant any guaranty (subject to Section 365 any notice and cure provisions contained therein), and/or any other Loan Document. It is the express intent of the federal bankruptcy code, as amended from time to time, including any successor legislation thereto, or otherwise, Lessor shall serve upon Lessee Lender written notice parties hereunder that this Agreement has been terminated, together with a statement of any and all sums due under this Agreement and of all breaches and events of default under this Agreement, if any, then known to Lessor. Lessee Lender thereupon Bank shall have the option, which option must be exercised by Lessee Lender's delivering right to pursue all rights and remedies except completion of a Foreclosure Remedy without liability to Junior Lender for failure to provide notice to Lessor within then (10) Business Days after Xxxxxx Xxxxxx, and that the Lessee Bank's liability hereunder shall be expressly limited to actual damages to Junior Lender directly caused by the Bank's completion of a Foreclosure Remedy without Junior Lender receiving the notice and opportunity to cure described above. Unless expressly prohibited by law, Xxxxxx Xxxxxx agrees to record a "Request for Notice," or similar appropriate document requesting notice of any foreclosure sale, in the Official Records of the County in which the Property is located, and in the event Bank has failed to sooner provide notice to Junior Lender's , the receipt of such notice from Lessor that the Lease has been terminated to cure any of foreclosure sale by such Lessee breaches or Lessee events of default (and any Lessee breaches or Lessee events of default not susceptible of being cured by the Lessee Junior Lender shall be deemed to have been waived) and be notice to the Junior Lender as contemplated hereunder. Except as specifically provided herein, or otherwise agreed in writing, Bank's failure to give any such notice for any reason shall not act to impair or waive any remedy or right to enter into a new lease (the "NEW LEASE") (i) effective as of Bank under this Subordination Agreement or any of the date of termination of this Agreement, (ii) for the remainder of what otherwise would have been the Term of this Agreement but for such termination, (iii) at and upon all the agreements, terms, covenants, and conditions of this Agreement (with no Rent or Pre-Lease Rent payable thereunder), and (iv) including any applicable right to exercise the purchase option under Section 36 (collectively, the "NEW LEASE TERMS"). Upon the execution and delivery of a new lease under this Section 40, all Collocation Agreements and other agreements which theretofore may have been assigned to the Lessor (or reverted back to Lessor as a matter of law) thereupon shall be assigned and transferred, without recourse, representation or warranty, by Lessor to the lessee named in such new leaseLoan Documents. (iv) Any notice or other communication which a Lessee Lender shall desire or is required to give to or serve upon Lessor shall be deemed to have been duly given or served if sent to Lessor in accordance with the provisions of this Agreement at the address set forth herein.

Notice and Cure Rights. (i) LessorAT&T Lessors, upon serving Lessee Tower Operator with any notice of default under the provisions of, or with respect to, this Agreement, shall also serve a copy of such notice upon the Lessee Tower Operator Lender (in the same manner as required by for notices to LesseeTower Operator) at the address specified herein, or at such other address as that a Lessee Tower Operator Lender shall designate designates in writing to LessorAT&T Lessors. (ii) In Without limiting any AT&T Lessor’s rights under this Agreement to cure any event of default or breach by Tower Operator under this Agreement, in the event of a default or breach by Lessee Tower Operator under this Agreement, the Lessee Tower Operator Lender shall have the right, but not the obligation, to remedy such event, or cause the same to be remedied, within ten days (10) 10 days after the expiration of all applicable grace or cure periods provided to Lessee Tower Operator 35 in this Agreement, in the event of a monetary default or breach, or within sixty (60) 60 days after the expiration of all applicable grace or cure periods provided to Lessee Tower Operator in this Agreement in the event of any other breach or default, and Lessor AT&T Lessors shall accept such performance by or at the instance of the Lessee Tower Operator Lender as if the same had been made by LesseeTower Operator; provided, providedhowever, that if any such non-monetary default or breach that is capable of cure requires Lessee Tower Operator Lender to acquire possession of the Lessee's Tower Operator’s interest in the Sites that are the subject of such breach or default, such period will shall be extended for such reasonable period as may be required to obtain such possession and cure such default of or breach; provided, however, that during such extended period, Lessee Tower Operator Lender must continue to cure other defaults and breaches in accordance with the provisions of this Section 40(b)(ii21(b)(ii). (iii) In the event of the termination of this Agreement prior to the expiration of the Term of this Agreement as provided herein for any reason (other than Lessee's excluding Tower Operator’s failure to cure under (ii) aboveabove and terminations under Sections 4(d)(iv), 35 and 36, but including pursuant to Section 365 of the federal bankruptcy codeBankruptcy Code, as amended from time to time, including any successor legislation thereto), or otherwise, Lessor AT&T Lessors shall serve upon Lessee Tower Operator Lender written notice that this Agreement has been terminated, together with a statement of any and all sums due under this Agreement and of all breaches and events of default under this Agreement, if any, then known to LessorAT&T Lessors. Lessee During the ten (10) Business Days following Tower Operator Lender’s receipt from AT&T Lessors of such written notice that this Agreement has been terminated, Tower Operator Lender thereupon shall have the option, which option must be exercised by Lessee Tower Operator Lender's ’s delivering notice to Lessor AT&T Lessors within then the aforementioned ten (10) Business Days after the Lessee Lender's receipt of notice from Lessor that the Lease has been terminated Day period, to cure any such Lessee Tower Operator breaches or Lessee Tower Operator events of default (and any Lessee Tower Operator breaches or Lessee Tower Operator events of default not susceptible of being cured by the Lessee Tower Operator Lender shall be deemed to have been waived) and the right (subject to such cure) to enter into a new lease (the "NEW LEASE"“New Lease”) (iA) effective as of the date of termination of this Agreement, (iiB) for the remainder of what otherwise would have been the Term of this Agreement but for such termination, (iiiC) at and upon all the agreements, terms, covenants, and conditions of this Agreement (with no provided that Tower Operator Lender shall not have any obligation to pay AT&T Lessors Rent or Pre-Lease Rent payable thereunderRent), and (ivD) including any applicable right to exercise the purchase option Purchase Option under Section 36 (collectively, the "NEW LEASE TERMS")20. Upon the execution and delivery of a new lease New Lease under this Section 4021, all Collocation Agreements and other agreements which theretofore may have been assigned to the AT&T Lessor (or reverted back to such AT&T Lessor as a matter of lawLaw) thereupon shall be assigned and transferred, without recourse, representation or warranty, by such AT&T Lessor to the lessee named in such new leaseNew Lease. (iv) Any notice or other communication which that a Lessee Tower Operator Lender shall desire desires or is required to give to or serve upon Lessor AT&T Lessors shall be deemed made in the same manner as required for notices to have been duly given or served if sent to Lessor AT&T Lessors in accordance with the provisions of this Agreement at the address set forth herein.herein or such other address as AT&T Lessors may provide to Tower Operator Lender from time to time. (c)

Notice and Cure Rights. (i) Lessor, upon serving Lessee with any notice of default under the provisions of, or with respect to, this Agreement, shall also serve a copy of such notice upon the Lessee Lender (in the same manner as required by for notices to Lessee) at the address specified herein, or at such other address as a Lessee Lender shall designate in writing to Lessor. (ii) In the event of a default or breach by Lessee under this Agreement, the Lessee Lender shall have the right, but not the obligation, to remedy such event, or cause the same to be remedied, within ten days (10) days after the expiration of all applicable grace or cure periods provided to Lessee in this Agreement, in the event of a monetary default or breach, or within sixty (60) days after the expiration of all applicable grace or cure periods provided to Lessee in this Agreement in the event of any other breach or default, and Lessor shall accept such performance by or at the instance of the Lessee Lender as if the same had been made by Lessee, provided, that if any such non-monetary default or breach that is capable of cure requires Lessee Lender to acquire possession of the Lessee's interest in the Sites that are the subject of such breach or default, such period will be extended for such reasonable period as may be required to obtain such possession and cure such default of breach; provided, however, during such extended period, Lessee Lender must continue to cure other defaults and breaches in accordance with the provisions of this Section 40(b)(ii). (iii) In the event of the termination of this Agreement prior to the expiration of the Term of this Agreement as provided herein for any reason (other than Lessee's failure to cure under (ii) above), including pursuant to Section 365 of the federal bankruptcy code, as amended from time to time, including any successor legislation thereto, or otherwise, Lessor shall serve upon Lessee Lender written notice that this Agreement has been terminated, together with a statement of any and all sums due under this Agreement and of all breaches and events of default under this Agreement, if any, then known to Lessor. Lessee Lender thereupon shall have the option, which option must be exercised by Lessee Lender's delivering notice to Lessor within then (10) Business Days after the Lessee Lender's receipt of notice from Lessor that the Lease has been terminated to cure any such Lessee breaches or Lessee events of default (and any Lessee breaches or Lessee events of default not susceptible of being cured by the Lessee Lender shall be deemed to have been waived) and the right to enter into a new lease (the "NEW LEASENew Lease") (i) effective as of the date of termination of this Agreement, (ii) for the remainder of what otherwise would have been the Term of this Agreement but for such termination, (iii) at and upon all the agreements, terms, covenants, and conditions of this Agreement (with no Rent or Pre-Lease Rent payable thereunder), and (iv) including any applicable right to exercise the purchase option under Section 36 (collectively, the "NEW LEASE TERMSNew Lease Terms"). Upon the execution and delivery of a new lease under this Section 40, all Collocation Agreements and other agreements which theretofore may have been assigned to the Lessor (or reverted back to Lessor as a matter of law) thereupon shall be assigned and transferred, without recourse, representation or warranty, by Lessor to the lessee named in such new lease. (iv) Any notice or other communication which a Lessee Lender shall desire or is required to give to or serve upon Lessor shall be deemed to have been duly given or served if sent to Lessor in accordance with the provisions of this Agreement at the address set forth herein.

Notice and Cure Rights. (i) LessorT-Mobile Lessors, upon serving Lessee Tower Operator with any notice of default under the provisions of, or with respect to, this Agreement, shall also serve a copy of such notice upon the Lessee Tower Operator Lender (in the same manner as required by for notices to LesseeTower Operator) at the address specified herein, or at such other address as that a Lessee Tower Operator Lender shall designate designates in writing to LessorT-Mobile Lessors. (ii) In the event of a default or breach by Lessee Tower Operator under this Agreement, the Lessee Tower Operator Lender shall have the right, but not the obligation, to remedy such event, or cause the same to be remedied, within ten days (10) 10 days after the expiration of all applicable grace or cure periods provided to Lessee Tower Operator in this Agreement, in the event of a monetary default or breach, or within sixty (60) 60 days after the expiration of all applicable grace or cure periods provided to Lessee Tower Operator in this Agreement in the event of any other breach or default, and Lessor T-Mobile Lessors shall accept such performance by or at the instance of the Lessee Tower Operator Lender as if the same had been made by LesseeTower Operator; provided, providedhowever, that if any such non-monetary default or breach that is capable of cure requires Lessee Tower Operator Lender to acquire possession of the LesseeTower Operator's interest in the Sites that are the subject of such breach or default, such period will shall be extended for such reasonable period as may be required to obtain such possession and cure such default of or breach; provided, however, that during such extended period, Lessee Tower Operator Lender must continue to cure other defaults and breaches in accordance with the provisions of this Section 40(b)(ii21(b)(ii). (iii) In the event of the termination of this Agreement prior to the expiration of the Term of this Agreement as provided herein for any reason (other than LesseeTower Operator's failure to cure under (ii) above), including pursuant to Section 365 of the federal bankruptcy codeBankruptcy Code, as amended from time to time, including any successor legislation thereto, or otherwise, Lessor T-Mobile Lessors shall serve upon Lessee Tower Operator Lender written notice that this Agreement has been terminated, together with a statement of any and all sums due under this Agreement and of all breaches and events of default under this Agreement, if any, then known to LessorT-Mobile Lessors. Lessee Tower Operator Lender thereupon shall have the option, which option must be exercised by Lessee Tower Operator Lender's delivering notice to Lessor T-Mobile Lessors within then (10) 10 Business Days after the Lessee Tower Operator Lender's receipt of such notice from Lessor that the Lease has been terminated T-Mobile Lessors, to cure any such Lessee Tower Operator breaches or Lessee Tower Operator events of default (and any Lessee Tower Operator breaches or Lessee Tower Operator events of default not susceptible of being cured by the Lessee Tower Operator Lender shall be deemed to have been waived) and the right (subject to such cure) to enter into a new lease (the "NEW LEASE"“New Lease”) (iA) effective as of the date of termination of this Agreement, (iiB) for the remainder of what otherwise would have been the Term of this Agreement but for such termination, (iiiC) at and upon all the agreements, terms, covenants, and conditions of this Agreement (with no provided that Tower Operator Lender shall not have any obligation to pay T-Mobile Lessors Rent or Pre-Lease Rent payable thereunderRent), and (ivD) including any applicable right to exercise the purchase option Purchase Option under Section 36 (collectively, the "NEW LEASE TERMS")20. Upon the execution and delivery of a new lease New Lease under this Section 4021, all Collocation Agreements and other agreements which theretofore may have been assigned to the any T-Mobile Lessor (or reverted back to such T-Mobile Lessor as a matter of lawLaw) thereupon shall be assigned and transferred, without recourse, representation or warranty, by such T-Mobile Lessor to the lessee named in such new leaseNew Lease. (iv) Any notice or other communication which that a Lessee Tower Operator Lender shall desire desires or is required to give to or serve upon Lessor T-Mobile Lessors shall be deemed made in the same manner as required for notices to have been duly given or served if sent to Lessor T-Mobile Lessors in accordance with the provisions of this Agreement at the address set forth hereinherein or such other address as T-Mobile Lessors may provide to Tower Operator Lender from time to time.

Notice and Cure Rights. 12.1.1 If either party (the "Defaulting Party") defaults under any term, condition or provision of this Agreement, then the other party (the "Non-Defaulting Party"), after delivery of ten (10) days' written notice to the Defaulting Party specifically describing the default (the "Default Notice"), and after the Defaulting Party's failure to cure such default within the ten (10) day period (the "Cure Period"), (i) Lessor, upon serving Lessee with any notice may declare an event of default under the provisions of("Event of Default"), or with respect toand, this Agreement, shall also serve a copy of such notice upon the Lessee Lender (in the same manner as required by for notices to Lessee) at the address specified herein, or at such other address as a Lessee Lender shall designate in writing to Lessor. (ii) In the event of a default or breach by Lessee under this Agreementsubject to Sections 12.1.2, the Lessee Lender shall have the right12.2, but not the obligation12.10 and 12.20 below, to remedy such event, or cause the same to be remedied, within ten days (10) days after the expiration of all applicable grace or cure periods provided to Lessee may pursue its remedies as set forth in this Agreement, in the event of a monetary default or breach, or within sixty (60) days after the expiration of all applicable grace or cure periods provided to Lessee in this Agreement in the event of any other breach or default, and Lessor shall accept such performance by or at the instance of the Lessee Lender as if the same had been made by Lessee, provided, that if any such non-monetary default or breach that is capable of cure requires Lessee Lender to acquire possession of the Lessee's interest in the Sites that are the subject of such breach or default, such period will be extended for such reasonable period as may be required to obtain such possession and cure such default of breach; provided, however, during such extended period, Lessee Lender must continue in no event shall Seller be obligated to extend the Scheduled Closing Date to accommodate any cure other defaults and breaches in accordance with the provisions of this hereunder or under Section 40(b)(ii)12.1.2 below. (iii) In 12.1.2 If Buyer is the event of the termination of party to whom such a Default Notice is given, then Seller shall NOT be entitled to terminate this Agreement prior to or the expiration of the Term of this Agreement as provided herein for any reason (other than Lessee's failure to cure under (ii) above), including pursuant to Section 365 of the federal bankruptcy code, as amended from time to time, including any successor legislation thereto, or otherwise, Lessor shall serve upon Lessee Lender written notice that this Agreement has been terminated, together with a statement of any and all sums due under this Agreement and of all breaches and events of default under this Agreement, if any, then known to Lessor. Lessee Lender thereupon shall have the option, which option must be exercised by Lessee Lender's delivering notice to Lessor within then (10) Business Days after the Lessee Lender's receipt of notice from Lessor that the Lease has been terminated to cure any such Lessee breaches or Lessee events of default escrow (and any Lessee breaches or Lessee events of default not susceptible of being cured by the Lessee Lender previous notice from Seller purporting to exercise that right shall be deemed to have been waivedbe stayed), and Seller shall be obligated to close the escrow on Buyer's purchase of Seller's Partnership Interest, notwithstanding such Event of Default, unless each of the following conditions are met: (a) and the right to enter into a new lease The Event of Default declared by Seller is material; (the "NEW LEASE"b) Buyer either (i) effective as of failed to commence to cure the date of termination of this Agreementdefault described in the Default Notice within the Cure Period, or (ii) for with respect to a default which cannot be cured within the remainder of what otherwise would have been Cure Period, Buyer commenced to cure the Term of this Agreement default within the Cure Period, but for thereafter failed to prosecute such termination, (iii) at and upon all cure diligently toward completion throughout the agreements, terms, covenants, and conditions of this Agreement (with no Rent or Pre-Lease Rent payable thereunder), and (iv) including any applicable right to exercise the purchase option under Section 36 (collectively, the "NEW LEASE TERMS"). Upon the execution and delivery of a new lease under this Section 40, all Collocation Agreements and other agreements which theretofore may have been assigned period from such commencement to the Lessor Close of Escrow; and (c) The Close of Escrow does not occur on or reverted back to Lessor as a matter of law) thereupon shall be assigned and transferred, without recourse, representation or warranty, by Lessor prior to the lessee named in such new leaseScheduled Closing Date. (iv) Any notice or other communication which a Lessee Lender shall desire or is required to give to or serve upon Lessor shall be deemed to have been duly given or served if sent to Lessor in accordance with the provisions of this Agreement at the address set forth herein.

Notice and Cure Rights. (i) LessorLaSalle agrees that it shall not, upon serving Lessee with any notice of default under nor will it cause the provisions of, or with respect Collateral Agent to, this Agreementdispose of or otherwise exercise remedies in respect of any Collateral, unless prior thereto: (1) a period of not less than fifteen (15) days shall also serve a copy of have expired commencing one day following the date on which LaSalle shall have provided the Junior Lenders with written notice specifying LaSalle's intent to take or cause the Collateral Agent to take such notice upon action and the Lessee Lender basis for the Senior Indebtedness Payment Default or Senior Indebtedness Covenant Default giving rise to the proposed action; and (in the same manner as required by for notices to Lessee2) at the address specified herein, or at end of such other address as a Lessee Lender shall designate in writing to Lessor. fifteen (ii15) In the event of a default or breach by Lessee under this Agreementday period, the Lessee Lender Junior Lenders shall not have the exercised their right, but not the obligationset forth in subsection 7(b) below, to remedy purchase the Senior Indebtedness Liabilities and such event, Senior Indebtedness Payment Default or cause the same to be remedied, within ten days (10) days after the expiration of all applicable grace or cure periods provided to Lessee in this Agreement, in the event of a monetary default or breach, or within sixty (60) days after the expiration of all applicable grace or cure periods provided to Lessee in this Agreement in the event of any other breach or default, and Lessor shall accept such performance by or at the instance of the Lessee Lender as if the same had been made by Lessee, provided, that if any such non-monetary default or breach that is capable of cure requires Lessee Lender to acquire possession of the Lessee's interest in the Sites that are the subject of such breach or default, such period will be extended for such reasonable period as may be required to obtain such possession and cure such default of breachSenior Indebtedness Covenant Default remains uncured; provided, however, that, so long as no disposition of Collateral occurs during such extended fifteen (15) day period, Lessee Lender this sentence shall not be deemed to prevent (i) the mere filing of an action to foreclose upon Collateral in order to commence the running of time during which any answer of any Debtor Party thereto must continue be filed, or (ii) the mere giving of a notice of intent to cure other defaults dispose of Collateral at a sale under the UCC to be held after the running of such fifteen (15) day period; and breaches provided further that the restrictions contained in accordance this sentence shall not apply with respect to any Debtor Party (x) to the provisions of this Section 40(b)(ii). (iii) In the event of the termination of this Agreement prior extent necessary to prevent the expiration of the Term any applicable statute of this Agreement as provided herein for any reason (other than Lessee's failure to cure under (ii) above), including pursuant to Section 365 of the federal bankruptcy code, as amended from time to time, including any successor legislation theretolimitations or similar law, or otherwise, Lessor shall serve upon Lessee Lender written notice that this Agreement has been terminated, together with a statement (y) after the commencement relative to such Debtor Party of any and all sums due under this Agreement and of all breaches and events of default under this Agreement, if any, then known to Lessor. Lessee Lender thereupon shall have the option, which option must be exercised by Lessee Lender's delivering notice to Lessor within then (10) Business Days after the Lessee Lender's receipt of notice from Lessor that the Lease has been terminated to cure any such Lessee breaches or Lessee events of default (and any Lessee breaches or Lessee events of default not susceptible of being cured by the Lessee Lender shall be deemed to have been waived) and the right to enter into a new lease (the "NEW LEASE") (i) effective as of the date of termination of this Agreement, (ii) for the remainder of what otherwise would have been the Term of this Agreement but for such termination, (iii) at and upon all the agreements, terms, covenants, and conditions of this Agreement (with no Rent or Pre-Lease Rent payable thereunderproceedings described in Section 2(a), and (iv) including any applicable right to exercise the purchase option under Section 36 (collectively, the "NEW LEASE TERMS"). Upon the execution and delivery of a new lease under this Section 40, all Collocation Agreements and other agreements which theretofore may have been assigned to the Lessor (or reverted back to Lessor as a matter of law) thereupon shall be assigned and transferred, without recourse, representation or warranty, by Lessor to the lessee named in such new lease. (iv) Any notice or other communication which a Lessee Lender shall desire or is required to give to or serve upon Lessor shall be deemed to have been duly given or served if sent to Lessor in accordance with the provisions of this Agreement at the address set forth herein.