Common use of Servicer’s Right to Cure Clause in Contracts

Servicer’s Right to Cure. The Issuer Entity, on behalf of the Asset Entities, agrees that 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 Asset Entities question or deny such assertion), then, subject to (i) the terms and conditions of the applicable Ground Lease, and (ii) the Asset Entities’ right to terminate Ground Leases in accordance with Section 7.24(a) hereof, the Servicer, upon five (5) Business Days’ prior written notice to the applicable Asset Entity, unless the Servicer reasonably determines that a shorter period (or no period) of notice is necessary to protect the Indenture Trustee’s interest in the Ground Lease, may (but shall not be obligated to) take any action that the Servicer deems reasonably necessary, including, without limitation, (i) performance or attempted performance of the applicable Asset Entity’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 Tower Site for any or all of such purposes. Upon the Indenture Trustee’s or the Servicer’s request, the Issuer Entity shall cause each Asset Entity to submit satisfactory evidence of payment or performance of any of its obligations under each Ground Lease. The Indenture Trustee or the Servicer may pay and expend such sums of money as the Indenture Trustee or the Servicer in its sole discretion deems necessary or desirable for any such purpose, and the Issuers shall pay to the Indenture Trustee within five (5) Business Days of the written demand of the Indenture Trustee or the Servicer all such sums so paid or expended by the Indenture Trustee or the Servicer, together with interest thereon from the date of expenditure at the Note Rate.

Servicer’s Right to Cure. The Issuer Entity, on behalf of the Asset Entities, agrees that if If any Ground Lease Material Easement Default shall occur and be continuing, and notice has been given pursuant to Section 7.24(c) or if any Ground Lessor fee owner asserts in writing to an Asset Entity or the Servicer that a Ground Lease Material Easement Default has occurred (whether or not the Asset Entities question or deny such assertion), then, subject to (i) the terms and conditions of the applicable Ground LeaseEasement, and (ii) the Asset Entities’ right to terminate Ground Leases or assign Easements in accordance with Section 7.24(a) hereof), the Servicer, upon five (5) Business Days’ prior written notice to the applicable Asset EntityIssuer, unless the Servicer reasonably determines that a shorter period (or no period) of notice is necessary to protect the Indenture Trustee’s interest in the Ground LeaseEasement, may (but shall not be obligated to) take any action that the Servicer deems reasonably necessary, including, without limitation, (i) performance or attempted performance of the applicable Asset Entity’s obligations under the applicable Ground LeaseEasement, (ii) curing or attempting to cure any actual or purported Ground Lease Material Easement Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the applicable Ground Leased Tower Easement Site for any or all of such purposes. Upon the Indenture Trustee’s or the Servicer’s written request, the Issuer applicable Asset Entity shall cause each Asset Entity to submit satisfactory evidence of payment or performance of any of its obligations under each Ground Leasethe applicable Easement. The Indenture Trustee or the Servicer may pay and expend such sums of money as the Indenture Trustee or the Servicer in its sole discretion deems necessary or desirable for any such purpose, and the Issuers Issuer shall pay to the Indenture Trustee Servicer within five (5) Business Days of the written demand of the Indenture Trustee or the Servicer all such sums so paid or expended by the Indenture Trustee or the Servicer, together with interest thereon from the date of expenditure at the Note Raterate provided for Servicing Advances in the Servicing Agreement.

Servicer’s Right to Cure. The Issuer Entity, on behalf of the Asset Entities, Each Obligor agrees that 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 Asset Entities Obligors question or deny such assertion), then, subject to (i) the terms and conditions of the applicable Ground Lease, Lease and (ii) the Asset Entities’ right to terminate or sell Ground Leases in accordance with Section 7.24(a) hereof7.23(a), the Servicer, upon five (5) Business Days’ prior written notice to the applicable Asset EntityIssuer, unless the Servicer reasonably determines that a shorter period (or no period) of notice is necessary to protect the Indenture Trustee’s interest in the Ground Lease, may (but shall not be obligated to) take any action that the Servicer deems reasonably necessary, including, without limitation, (i) performance or attempted performance of the applicable Asset Entity’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 Tower Lease Site for any or all of such purposes. Upon the Indenture Trustee’s or the Servicer’s request, the Issuer Entity shall cause each Asset Entity to submit satisfactory evidence of payment or performance of any of its obligations under each Ground Lease. The Indenture Trustee or the Servicer may pay and expend such sums of money as the Indenture Trustee or the Servicer in its sole discretion deems necessary or desirable for any such purpose, and the Issuers Issuer shall pay to the Indenture Trustee or the Servicer, as applicable, within five (5) Business Days of the written demand of the Indenture Trustee or the Servicer all such sums so paid or expended by the Indenture Trustee or the Servicer, together with interest thereon from the date of expenditure at the Note Raterate provided for Servicing Advances in the Servicing Agreement.

Servicer’s Right to Cure. The Issuer Entity, on behalf of the Asset Entities, agrees that if If any Ground Lease Material Site Management Default shall occur and be continuing, and notice has been given pursuant to Section 7.25(c) or if any Ground Lessor fee owner asserts in writing to an Asset Entity or the Servicer that a Ground Lease Material Site Management Default has occurred (whether or not the Asset Entities question or deny such assertion), then, subject to (i) the terms and conditions of the applicable Ground LeaseSite Management Agreement, and (ii) the Asset Entities’ right to terminate Ground Leases or assign Site Management Agreements in accordance with Section 7.24(a) hereof7.25(a), the Servicer, upon five (5) Business Days’ prior written notice to the applicable Asset EntityIssuer, unless the Servicer reasonably determines that a shorter period (or no period) of notice is necessary to protect the Indenture Trustee’s interest in the Ground LeaseSite Management Agreement, may (but shall not be obligated to) take any action that the Servicer deems reasonably necessary, including, without limitation, (i) performance or attempted performance of the applicable Asset Entity’s obligations under the applicable Ground LeaseSite Management Agreement, (ii) curing or attempting to cure any actual or purported Ground Lease Site Management Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the applicable Ground Leased Tower Managed Site for any or all of such purposes. Upon the Indenture Trustee’s or the Servicer’s written request, the Issuer applicable Asset Entity shall cause each Asset Entity to submit satisfactory evidence of payment or performance of any of its obligations under each Ground Leasethe applicable Site Management Agreement. The Indenture Trustee or the Servicer may pay and expend such sums of money as the Indenture Trustee or the Servicer in its sole discretion deems necessary or desirable for any such purpose, and the Issuers Issuer shall pay to the Indenture Trustee Servicer, within five (5) Business Days of the written demand of the Indenture Trustee or the Servicer all such sums so paid or expended by the Indenture Trustee or the Servicer, together with interest thereon from the date of expenditure at the Note Raterate provided for Servicing Advances in the Servicing Agreement.

Servicer’s Right to Cure. The Issuer Entity, on behalf of the Asset Entities, agrees that if If any Material Ground Lease Default shall occur and be continuing, and notice has been given pursuant to Section 7.23(c) or if any Ground Lessor asserts in writing to an Asset Entity or the Servicer that a Material Ground Lease Default has occurred (whether or not the Asset Entities question or deny such assertion), then, subject to (i) the terms and conditions of the applicable Ground Lease, and (ii) the Asset Entities’ right to terminate or assign a Ground Leases Lease in accordance with Section 7.24(a) hereof7.23(a), the Servicer, upon five (5) Business Days’ prior written notice to the applicable Asset EntityIssuer, unless the Servicer reasonably determines that a shorter period (or no period) of notice is necessary to protect the Indenture Trustee’s interest in the Ground Lease, may (but shall not be obligated to) take any action that the Servicer deems reasonably necessary, including, without limitation, (i) performance or attempted performance of the applicable Asset Entity’s obligations under the applicable Ground Lease, (ii) curing or attempting to cure any actual or purported Material Ground Lease Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the applicable Ground Leased Tower Lease Site for any or all of such purposes. Upon the Indenture Trustee’s or the Servicer’s written request, the Issuer applicable Asset Entity shall cause each Asset Entity to submit satisfactory evidence of payment or performance of any of its obligations under each the applicable Ground Lease. The Indenture Trustee or the Servicer may pay and expend such sums of money as the Indenture Trustee or the Servicer in its sole discretion deems necessary or desirable for any such purpose, and the Issuers Issuer shall pay to the Indenture Trustee Servicer within five (5) Business Days of the written demand of the Indenture Trustee or the Servicer all such sums so paid or expended by the Indenture Trustee or the Servicer, together with interest thereon from the date of expenditure at the Note Raterate provided for Servicing Advances in the Servicing Agreement.

Servicer’s Right to Cure. The Issuer Entity, on behalf of the Asset Entities, agrees that if If any Ground Lease Default shall occur and be continuing, and notice has been given pursuant to Section 7.23(c), or if any Ground Lessor asserts in writing to an Asset Entity or the Servicer that a Ground Lease Default has occurred (whether or not the Asset Entities question or deny such assertion), then, subject to (i) the terms and conditions of the applicable Ground Lease, and (ii) the Asset Entities’ right to terminate or assign the applicable Ground Leases Lease in accordance with Section 7.24(a) hereof7.23(a), the Servicer, upon five (5) 5 Business Days’ prior written notice to the applicable Asset EntityIssuer, unless the Servicer reasonably determines that a shorter period (or no period) of notice is necessary to protect the Indenture Trustee’s interest in the applicable Ground Lease, may (but shall not be obligated to) take any action that the Servicer deems reasonably necessary, including, without limitation, (i) performance or attempted performance of the applicable Asset Entity’s obligations under the applicable Ground Lease, (ii) curing or attempting to cure any actual or purported Ground Lease DefaultDefault under the applicable Ground Lease, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the applicable Ground Leased Tower Site Data Center for any or all of such purposes. Upon the Indenture 100 Trustee’s or the Servicer’s written request, the Issuer applicable Asset Entity shall cause each Asset Entity to submit satisfactory evidence of payment or performance of any of its obligations under each the applicable Ground Lease. The Indenture Trustee or the Servicer may pay and expend such sums of money as the Indenture Trustee or the Servicer in its sole discretion deems necessary or desirable for any such purpose, and the Issuers Issuer shall pay to the Indenture Trustee Servicer within five (5) 5 Business Days of the written demand of the Indenture Trustee or the Servicer all such sums so paid or expended by the Indenture Trustee or the Servicer, together with interest thereon from the date of expenditure at the Note Raterate provided for Property Protection Advances in the Servicing Agreement.