XXXXXXS Cure Rights. If Lender has provided Tenant with its current mailing address (until notified otherwise by Lender, Tenant shall consider the address of Lender set forth in Section (i) of this Agreement to be Lender’s current mailing address), Tenant hereby agrees to give to Lender copies of all notices of Landlord default(s) under the Lease in the same manner as, and whenever, Tenant shall give any such notice of default to Landlord, and no such notice of default shall be deemed given to Landlord unless and until a copy of such notice shall have been so delivered to Lender. Tenant shall accept performance by Xxxxxx of any term, covenant, condition or agreement to be performed by Landlord under the Lease with the same force and effect as though performed by Landlord. Xxxxxx’s cure of Landlord’s default shall not be considered an assumption by Lender of Landlord’s obligations with respect to the subject matter of such Landlord default or of any other obligations of Landlord under the Lease. If, in curing any such default, Lender requires access to the Premises to effect such cure, upon reasonable prior notice to Tenant (which may be by e-mail), Tenant shall furnish access to the Premises to Lender as required by Lender to effect such cure, at all reasonable times; provided that Xxxxxx’s occupancy, use and enjoyment of the Premises is not unreasonably disrupted thereby. Unless Lender otherwise agrees in writing, Xxxxxx shall have no liability to perform Landlord’s obligations under the Lease, both before and after Xxxxxx’s exercise of any right or remedy under this Agreement. No Landlord default under the Lease shall exist or shall be deemed to exist (i) as long as Lender, in good faith, shall have commenced to cure such default within the above- referenced time period and shall be prosecuting the same to completion with reasonable diligence, subject to force majeure, or (ii) if possession of the Premises is required in order to cure such default, or if such default is not susceptible of being cured by Lender, as long as Xxxxxx, in good faith, shall have notified Tenant that Xxxxxx intends to institute proceedings under the Security Documents, and, thereafter, as long as such proceedings shall have been instituted and shall be prosecuted with reasonable diligence. In the event of the termination of the Lease by reason of any default thereunder by Landlord (provided nothing herein shall be construed as creating, giving rise to, acknowledging or recognizing any such terminati...
XXXXXXS Cure Rights
