Common use of For purposes of Sections Clause in Contracts

For purposes of Sections. 4.1, 16.1(m), 16.1(q), ------------ ------- ------- 16.10, 17.1, 19.1, 25.1.1, 25.1.2 and 25.1.3 of this Lease, if an Event of ----- ---- ---- ------ ------ ------ Default shall occur under Section 16.1(m) or Section 16.1(q) of this Lease, --------------- --------------- except as otherwise agreed in writing by Lessor, in its sole and absolute discretion, the same shall be deemed to be "continuing" at all times from and after the date that such Event of Default first arises (including, without limitation, at all times from and after the date that Lessor terminates this Lease as it applies to the Leased Property to which the aforesaid Event of Default relates or dispossesses Tenant from such Leased Property), unless, prior to the date that Lessor terminates this Lease as it applies to the Leased Property to which the aforesaid Event of Default relates or dispossesses Tenant from such Leased Property, such Event of Default is cured "in-kind" by rectifying and reversing the particular event, circumstance or condition that constitutes or causes such Event of Default; provided (the "Section 16.10.2.3 ----------------- Proviso"), however, that, if the applicable Section 16.10.1 Number, as ------- determined pursuant to Section 16.10.1 above, equals two or more, if (a) an --------------- Event of Default of the nature referenced in Section 16.1(m) and/or Section --------------- ------- 16.1(q) of this Lease has occurred and is continuing (as described above) with ------- respect to fewer than the Section 16.10.1 Number of the Leased Properties and (b) Lessor has terminated this Lease as it applies to a Leased Property to which an aforesaid Event of Default relates or has dispossessed Tenant from such Leased Property, then, for purposes of Sections 4.1, 17.1, 25.1.1, 25.1.2 and ------------ ---- ------ ------ 25.1.3, the aforesaid Event of Default relating to such Leased Property shall ------ not be deemed to be "continuing" as to Leased Properties other than such terminated or dispossessed Leased Property; in such event, the rights and remedies available to Lessor or the limitation of Tenant's rights under such sections which arise in the case of a continuing Event of Default shall apply only to the Leased Property on which the Event of Default under Section 16.1(m) --------------- or Section 16.1(q) has occurred, as illustrated by Examples 5, 6 and 7 of --------------- ---------- - - Section 16.10.5 below. ---------------

For purposes of Sections. 4.1, 16.1(m), 16.1(q), ------------ ------- ------- 16.10, 17.1, 19.1, 25.1.1, 25.1.2 and 25.1.3 of this Lease, if an Event of ----- ---- ---- ------ ------ ------ Default shall occur under Section 16.1(m) or Section 16.1(q) of this Lease, --------------- --------------- except as otherwise agreed in writing by Lessor, in its sole and absolute discretion, the same shall be deemed to be "continuing" at all times from and after the date that such Event of Default first arises (including, without limitation, at all times from and after the date that Lessor terminates this Lease as it applies to the Leased Property to which the aforesaid Event of Default relates or dispossesses Tenant from such Leased Property), unless, prior to the date that Lessor terminates this Lease as it applies to the Leased Property to which the aforesaid Event of Default relates or dispossesses Tenant from such Leased Property, such Event of Default is cured "in-kind" by rectifying and reversing the particular event, circumstance or condition that constitutes or causes such Event of Default; provided (the "Section 16.10.2.3 ----------------- Proviso"), however, that, if the applicable Section 16.10.1 Number, as ------- determined pursuant to Section 16.10.1 above, equals two or more, if (a) an --------------- Event of Default of the nature referenced in Section 16.1(m) and/or Section --------------- ------- 16.1(q) of this Lease has occurred and is continuing (as described above) with ------- respect to fewer than the Section 16.10.1 Number of the Leased Properties and (b) Lessor has terminated this Lease as it applies to a Leased Property to which an aforesaid Event of Default relates or has dispossessed Tenant from such Leased Property, then, for purposes of Sections 4.1, 17.1, 25.1.1, 25.1.2 and ------------ ---- ------ ------ 25.1.3, the aforesaid Event of Default relating to such Leased Property shall ------ not be deemed to be "continuing" as to Leased Properties other than such terminated or dispossessed Leased Property; in such event, the rights and remedies available to Lessor or the limitation of Tenant's rights under such sections which arise in the case of a continuing Event of Default shall apply only to the Leased Property on which the Event of Default under Section 16.1(m) --------------- or Section 16.1(q) has occurred, as illustrated by Examples 5, 6 and 7 of --------------- -------------- ---------- - - Section 16.10.5 below. ---------------

For purposes of Sections. 4.1, 16.1(m), ------------ ------- 16.1(q), ------------ ------- ------- 16.10, 17.1, 19.1, 25.1.1, 25.1.2 and 25.1.3 of this Lease, if an Event of ------- ----- ---- ---- ------ ------ ------ Event of Default shall occur under Section 16.1(m) or Section 16.1(q) of this --------------- --------------- Lease, --------------- --------------- except as otherwise agreed in writing by Lessor, in its sole and absolute discretion, the same shall be deemed to be "continuing" at all times from and after the date that such Event of Default first arises (including, without limitation, at all times from and after the date that Lessor terminates this Lease as it applies to the Leased Property to which the aforesaid Event of Default relates or dispossesses Tenant from such Leased Property), unless, prior to the date that Lessor terminates this Lease as it applies to the Leased Property to which the aforesaid Event of Default relates or dispossesses Tenant from such Leased Property, such Event of Default is cured "in-kind" by rectifying and reversing the particular event, circumstance or condition that constitutes or causes such Event of Default; provided (the "Section 16.10.2.3 ----------------- Proviso"), however, that, if the applicable Section 16.10.1 Number, as ------- determined pursuant to Section 16.10.1 above, equals two or more, if (a) an --------------- Event of Default of the nature referenced in Section 16.1(m) and/or Section --------------- ------- 16.1(q) of this Lease has occurred and is continuing (as described above) with ------- respect to fewer than the Section 16.10.1 Number of the Leased Properties and (b) Lessor has terminated this Lease as it applies to a Leased Property to which an aforesaid Event of Default relates or has dispossessed Tenant from such Leased Property, then, for purposes of Sections 4.1, 17.1, 25.1.1, 25.1.2 and ------------ ---- ------ ------ 25.1.3, the aforesaid Event of Default relating to such Leased Property shall ------ not be deemed to be "continuing" as to Leased Properties other than such terminated or dispossessed Leased Property; in such event, the rights and remedies available to Lessor or the limitation of Tenant's rights under such sections which arise in the case of a continuing Event of Default shall apply only to the Leased Property on which the Event of Default under Section 16.1(m) --------------- or Section 16.1(q) has occurred, as illustrated by --------------- --------------- Examples 5, 6 and 7 of --------------- ---------- - - Section 16.10.5 below. -------- - - - ---------------