Common use of Special Remedies for Certain Landlord Funding Default Clause in Contracts

Special Remedies for Certain Landlord Funding Default. In the event of any Landlord Default arising under Section 5.1.4(b), Tenant shall have the right, in Tenant's sole discretion, in addition to all other remedies of Tenant hereunder, to exercise any one or more of the following remedies: (a) Tenant may fund the deficient amounts and offset the aggregate amount thereof plus interest thereon from the date of funding at the Disbursement Rate against any Rent payable by Tenant subsequent to the date of advance pursuant to this Agreement and the Other Leases until recouped; (b) Tenant may terminate the Franchise Agreement with respect to the Leased Property and the franchise agreements with respect to any of the other Collective Leased Properties; (c) Tenant may, notwithstanding the provisions of Article 16, assign this Agreement or sublease all (but not less than all) of the Leased Property to a Person who is not an Affiliated Person as to Tenant or Manager; and/or (d) Tenant may terminate this Agreement and any of the Other Leases, whereupon, (i) any Other Leases remaining in effect shall be amended to (x) eliminate any reference to this Agreement or any of the Other Leases so terminated in the definition therein of "Other Leases" and (y) eliminate any reference to the Leased Property and the leased property covered by any of the Other Leases so terminated in the definition therein of "Collective Leased Properties", and (ii) Landlord shall refund to Tenant any unapplied balance of the Security Deposit and shall refund any security deposit under any of the Other Leases so terminated to the tenant under such Other Leases.