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

Servicer’s Right to Cure. 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 Lease in accordance with Section 7.23(a), the Servicer, upon 5 Business Days’ prior written notice to the Issuer, 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 Default under the applicable Ground Lease, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the applicable Data Center for any or all of such purposes. Upon the Indenture Trustee’s or the Servicer’s written request, the applicable Asset Entity shall submit satisfactory evidence of payment or performance of any of its obligations under the applicable Ground Lease. The Servicer may pay and expend such sums of money as the Servicer in its sole discretion deems necessary or desirable for any such purpose, and the Issuer shall pay to the Servicer within 5 Business Days of the written demand of the Servicer all such sums so paid or expended by the Servicer, together with interest thereon from the date of expenditure at the rate provided for Property Protection Advances in the Servicing Agreement.

Servicer’s Right to Cure. If Each Obligor agrees that 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 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 assign the applicable sell Ground Lease Leases in accordance with Section 7.23(a), the Servicer, upon 5 five (5) Business Days’ prior written notice to the Issuer, 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 Default under the applicable Ground LeaseDefault, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the applicable Data Center Ground Lease Site for any or all of such purposes. Upon the Indenture Trustee’s or the Servicer’s written request, the applicable Asset Entity Issuer shall submit satisfactory evidence of payment or performance of any of its obligations under the applicable 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 Issuer shall pay to the Servicer Indenture Trustee or the Servicer, as applicable, within 5 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 rate provided for Property Protection Servicing Advances in the Servicing Agreement.

Servicer’s Right to Cure. If any Ground Lease Material Easement Default shall occur and be continuing, and notice has been given pursuant to Section 7.23(c), 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 or assign the applicable Ground Lease Easements in accordance with Section 7.23(a7.24(a), the Servicer, upon 5 five (5) Business Days’ prior written notice to the Issuer, 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 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 Default under the applicable Ground LeaseMaterial Easement Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the applicable Data Center Easement Site for any or all of such purposes. Upon the Indenture Trustee’s or the Servicer’s written request, the applicable Asset Entity shall submit satisfactory evidence of payment or performance of any of its obligations under the applicable Ground LeaseEasement. The Servicer may pay and expend such sums of money as the Servicer in its sole discretion deems necessary or desirable for any such purpose, and the Issuer shall pay to the Servicer within 5 five (5) Business Days of the written demand of the Servicer all such sums so paid or expended by the Servicer, together with interest thereon from the date of expenditure at the rate provided for Property Protection Servicing Advances in the Servicing Agreement.

Servicer’s Right to Cure. 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 the applicable a Ground Lease in accordance with Section 7.23(a), the Servicer, upon 5 five (5) Business Days’ prior written notice to the Issuer, 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 Material Ground Lease Default under the applicable Ground LeaseDefault, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the applicable Data Center Ground Lease Site for any or all of such purposes. Upon the Indenture Trustee’s or the Servicer’s written request, the applicable Asset Entity shall submit satisfactory evidence of payment or performance of any of its obligations under the applicable Ground Lease. The Servicer may pay and expend such sums of money as the Servicer in its sole discretion deems necessary or desirable for any such purpose, and the Issuer shall pay to the Servicer within 5 five (5) Business Days of the written demand of the Servicer all such sums so paid or expended by the Servicer, together with interest thereon from the date of expenditure at the rate provided for Property Protection Servicing Advances in the Servicing Agreement.

Servicer’s Right to Cure. If The Issuer Entity, on behalf of the Asset Entities, agrees that 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 Lease Leases in accordance with Section 7.23(a)7.24(a) hereof, the Servicer, upon 5 five (5) Business Days’ prior written notice to the Issuerapplicable 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 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 Default under the applicable Ground LeaseDefault, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the applicable Data Center Ground Leased Tower Site for any or all of such purposes. Upon the Indenture Trustee’s or the Servicer’s written request, the applicable Issuer Entity shall cause each Asset Entity shall to submit satisfactory evidence of payment or performance of any of its obligations under the applicable 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 Issuer Issuers shall pay to the Servicer Indenture Trustee within 5 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 rate provided for Property Protection Advances in the Servicing AgreementNote Rate.

Servicer’s Right to Cure. If any Ground Lease Material Site Management Default shall occur and be continuing, and notice has been given pursuant to Section 7.23(c), 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 or assign the applicable Ground Lease Site Management Agreements in accordance with Section 7.23(a7.25(a), the Servicer, upon 5 five (5) Business Days’ prior written notice to the Issuer, 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 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 Default under the applicable Ground LeaseSite Management Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the applicable Data Center Managed Site for any or all of such purposes. Upon the Indenture Trustee’s or the Servicer’s written request, the applicable Asset Entity shall submit satisfactory evidence of payment or performance of any of its obligations under the applicable Ground LeaseSite Management Agreement. The Servicer may pay and expend such sums of money as the Servicer in its sole discretion deems necessary or desirable for any such purpose, and the Issuer shall pay to the Servicer Servicer, within 5 five (5) Business Days of the written demand of the Servicer all such sums so paid or expended by the Servicer, together with interest thereon from the date of expenditure at the rate provided for Property Protection Servicing Advances in the Servicing Agreement.