Common use of Certain Other Remedies Clause in Contracts

Certain Other Remedies. In the event of damage or destruction, Master Tenant shall have the further right (but not the obligation) to enter into possession of the Premises and perform any and all work and labor necessary to repair the Improvements. All amounts so expended by Master Tenant to the extent not covered by insurance proceeds shall be secured by a lien against the Premises. For purposes of fulfilling obligations under this Section 10.3, Landlord hereby constitutes and appoints (which appointment is coupled with an interest and is therefore irrevocable) Master Tenant as Landlord’s attorney‑in‑fact, with full power of substitution to complete the Improvements in the name of Landlord, and hereby empowers Master Tenant, acting as Landlord’s attorney‑in‑fact, as follows: (i) to use any funds of Landlord (or any sums which Landlord may be entitled to receive); (ii) to make such additions and changes and corrections in the plans which shall be necessary or desirable to complete the Improvements in the manner contemplated by the plans; (iii) to negotiate all necessary construction contracts; (iv) to employ such contractors, subcontractors, agents, design professionals and inspectors as shall be required for said purposes; (v) to pay, settle or compromise all existing bills and claims which are or may be liens against the Premises, or may be necessary or desirable for the completion of the work or the clearing of title; (vi) to execute all the applications and certificates in the name of Landlord which may be required by any construction contract; and (vii) to do any and every act with respect to the construction of the Improvements which Landlord could do in Landlord’s own behalf. Master Tenant, acting as Landlord’s attorney‑in‑fact, shall also have power to prosecute and defend all actions or proceedings in connection with the Premises and to take such action and require such performance as is deemed necessary.

Certain Other Remedies. In the event of damage or destruction, Master Tenant Lender shall have the further right (but not the obligation) ), upon the happening of an Event of Default, in addition to any rights or remedies available to it under all other Loan Documents, to enter into possession of the Premises Mortgaged Property and perform any and all work and labor necessary to repair complete the ImprovementsImprovements in substantial accordance with the Plans. All amounts so expended by Master Tenant to the extent not covered by insurance proceeds Lender shall be deemed to have been disbursed to Borrower as Loan proceeds and secured by a lien against the PremisesLien Instrument. For purposes of fulfilling obligations under this Section 10.3purpose, Landlord Borrower hereby constitutes and appoints (which appointment is coupled with an interest and is therefore irrevocable) Master Tenant Lender as Landlord’s attorney‑in‑factBorrower's attorney-in-fact after the occurrence and during the pendency of any Event of Default, with full power of substitution to complete the Improvements in the name of LandlordBorrower, and hereby empowers Master TenantLender, acting as Landlord’s attorney‑in‑factBorrower's attorney-in-fact, as follows: (i) to use any funds of Landlord (or Borrower, including any sums balance which Landlord may be entitled to receive)held in escrow, any Borrower's Deposit and any funds which may remain unadvanced hereunder, for the purpose of completing the Improvements in the manner called for by the Plans; (ii) to make such additions and changes and corrections in the plans Plans which shall be necessary or desirable to complete the Improvements in the manner contemplated by the plansPlans; (iii) to negotiate continue all necessary construction contractsor any existing Construction Contracts; (iv) to employ such contractors, subcontractors, agents, design professionals and inspectors as shall be required for said purposes; (v) to pay, settle or compromise all existing bills and claims which are or may be liens against the PremisesMortgaged Property, or may be necessary or desirable for the completion of the work or the clearing of title; (vi) to execute all the applications and certificates in the name of Landlord Borrower which may be required by any construction contract; and (vii) to do any and every act with respect to the construction of the Improvements which Landlord Borrower could do in Landlord’s Borrower's own behalf. Master TenantLender, acting as Landlord’s attorney‑in‑factBorrower's attorney-in-fact, shall also have power to prosecute and defend all actions or proceedings in connection with the Premises Mortgaged Property and to take such action and require such performance as is deemed necessary.

Certain Other Remedies. In the event of damage or destruction, Master Tenant Lender shall have the further right (but not the obligation) ), upon the happening of an Event of Default, in addition to any rights or remedies available to it under all other Loan Documents, to enter into possession of the Premises Mortgaged Property and perform any and all work and labor necessary to repair complete the ImprovementsImprovements in substantial accordance with the Plans. All amounts so expended by Master Tenant to the extent not covered by insurance proceeds Lender shall be deemed to have been disbursed to Borrower as Loan proceeds and secured by a lien against the PremisesLien Instrument. For purposes of fulfilling obligations under this Section 10.3purpose, Landlord Borrower hereby constitutes and appoints (which appointment is coupled with an interest and is therefore irrevocable) Master Tenant Lender as Landlord’s Borrower's attorney‑in‑fact, with full power of substitution to complete the Improvements in the name of LandlordBorrower, and hereby empowers Master TenantLender, acting as Landlord’s Borrower's attorney‑in‑fact, as follows: (i) to use any funds of Landlord (or Borrower, including any sums balance which Landlord may be entitled to receive)held in escrow, any Borrower's Deposit and any funds which may remain unadvanced hereunder, for the purpose of completing the Improvements in the manner called for by the Plans; (ii) to make such additions and changes and corrections in the plans Plans which shall be necessary or desirable to complete the Improvements in the manner contemplated by the plansPlans; (iii) to negotiate continue all necessary construction contractsor any existing Construction Contracts; (iv) to employ such contractors, subcontractors, agents, design professionals and inspectors as shall be required for said purposes; (v) to pay, settle or compromise all existing bills and claims which are or may be liens against the PremisesMortgaged Property, or may be necessary or desirable for the completion of the work or the clearing of title; (vi) to execute all the applications and certificates in the name of Landlord Borrower which may be required by any construction contract; and (vii) to do any and every act with respect to the construction of the Improvements which Landlord Borrower could do in Landlord’s Borrower's own behalf. Master TenantLender, acting as Landlord’s Borrower's attorney‑in‑fact, shall also have power to prosecute and defend all actions or proceedings in connection with the Premises Mortgaged Property and to take such action and require such performance as is deemed necessary.