Remedies; Remedies Cumulative. (a) If an Event of Default shall have occurred and be continuing, the Lessor shall have all rights available to the Lessor under the Lease and the other Operative Agreements and all other rights otherwise available at law, equity or otherwise.
Remedies; Remedies Cumulative. (A) If a Construction Agency Event of Default shall have occurred and be continuing under Section 5.1(b), 5.1(c), 5.1(d) (other than a Lease Event of Default under paragraph (f) of Article XII of the Lease, unless such event would constitute a Limited Event of Default pursuant to clause (ii) of the definition thereof) or 5.1(e) other than as a result of Construction Agent’s fraudulent or illegal acts, misapplication of funds or willful misconduct, then, in each case, the Lessor shall have all rights and remedies available under the Operative Documents or available at law, equity or otherwise (subject to the limitations set forth herein), including the right to terminate this Agreement by giving Construction Agent written notice of such termination. Upon the giving of such notice, all rights and all obligations of the Construction Agent under this Agreement shall cease, except for such rights and obligations as by their terms are to continue beyond such termination, including Section 5.6(f) hereof and Lessor shall have the right to require Construction Agent to pay immediately upon receipt of notice from Lessor the Construction Failure Payment for all of the Construction Land Interests; provided that the Construction Agent has the option to purchase the Leased Property in accordance with Section 5.5 hereof, which shall constitute a cure of such Construction Agency Event of Default as provided therein. In the event Construction Agent does not purchase the Leased Property pursuant to the terms hereof, the related Lessee(s) shall return the Leased Property to Lessor within ten (10) Business Days of the declaration of the Construction Agency Event of Default in accordance with Section 5.6 hereof and Lessor shall have the right to sell the Leased Property to an unaffiliated third party and to require Construction Agent to pay to Lessor, immediately upon receipt of the termination notice, cash in an amount equal to the Construction Failure Payment for all of the Construction Land Interests. The Net Selling Price for such Leased Property shall be distributed in accordance with Section 3.4 of the Loan Agreement.
Remedies; Remedies Cumulative. (a) If a Construction Agency Event of Default shall have occurred and be continuing, the Lessor shall have all rights and remedies available under the Operative Documents or available at law, equity or otherwise. Notwithstanding the foregoing, if a Construction Agency Event of Default hereunder relates only to a specific Leased Property or specific Leased Properties but not all Leased Properties (but in any event excluding any Lease Event of Default), the Construction Agent shall have the right to cure such Construction Agency Event of Default by purchasing such Leased Property or Properties for the Leased Property Balance(s) therefor from the Lessor in accordance with the terms and subject to the conditions, restrictions and limitations of Section 14.5 of the Lease.
Remedies; Remedies Cumulative. 12 Section 5.4. Limitation on Construction Agent's Recourse Liability.................................13 Section 5.5. Construction Agent's Right to Purchase................................................14
Remedies; Remedies Cumulative. (a) If an Event of Default shall have occurred and be continuing, the Lessor shall have all rights available at law, equity or otherwise.
Remedies; Remedies Cumulative. No failure to exercise and no delay in ----------------------------- exercising, on the part of Certificate Trustee, any right, remedy, power or privilege under this Agreement or under the other Operative Documents shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege under this Agreement preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges provided in this Agreement are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law. Construction Agency Agreement
Remedies; Remedies Cumulative. (a) If an Agency Agreement Event of Default shall have occurred and be continuing, the Lessor shall have all rights available to the Lessor herein and under the other Operative Agreements and all other rights otherwise available at law, equity or otherwise; provided, however, such rights of the Lessor and the other remedies set forth in this Section 5.3 shall be subject to Section 5.4.
Remedies; Remedies Cumulative. (a) Upon the occurrence and continuance of any Construction Agency Agreement Event of Default of the type described in Section 5.1(c), all Commitments shall automatically terminate and the Lessee shall immediately become obligated to pay the then outstanding amount of the Lease Balance together with all accrued and unpaid Basic Rent and Supplemental Rent, without presentment, demand, protest, notice of acceleration or other notice of any kind, all of which are hereby expressly waived, anything in this Agreement or any other Operative Document to the contrary notwithstanding. After the occurrence and continuance of any other Construction Agency Agreement Event of Default, the Lessor Trust or the Administrative Agent, as applicable (at the direction of the Required Participants) may by written notice to the Lessee or the Construction Agent, immediately (x) terminate all Commitments, (y) terminate this Agreement (and upon the giving of such notice, this Agreement shall terminate and all rights of the Construction Agent and all obligations of the Lessor Trust and the Agent Certificate Holders under this Agreement (as the case may be) shall cease) and/or (z) subject to the limitations imposed under Section 5.4, accelerate the Lease Balance and all other amounts due and owing by the Lessee and the Construction Agent under the Operative Documents and, upon any such notice of acceleration, the Lessee shall, subject to the limitations imposed under Section 5.4, immediately become obligated to pay the then outstanding amount of the Lease Balance together with all accrued and unpaid Basic Rent and Supplemental Rent.
Remedies; Remedies Cumulative. (a) If a Construction Agency Event of Default hereunder relates only to a specific Leased Property or specific Leased Properties but not all Leased Properties, the Construction Agent shall have the right, at its option, to cure such Construction Agency Event of Default by purchasing (a "Construction Purchase") such affected Leased Property or Properties for the Leased Property Balance(s) therefor from the Lessor within five (5) Business Days of the delivery of the notice of termination referred to in Section 5.1 in accordance with the terms and subject to the conditions, restrictions and limitations of Section 14.5 of the Lease, in which case no Construction Agency Event of Default shall be deemed to have occurred hereunder for the purposes of the other Operative Documents. If the Construction Agent does not exercise its option to purchase such Leased Property or Properties, such Construction Agent shall pay to the Lessor the Construction Failure Payment(s) therefor within five (5) Business Days of the demand therefor by the Lessor, and shall surrender and return such Leased Property or Properties to the Lessor or its designee in accordance with the terms of Section 5.4.
Remedies; Remedies Cumulative. 15 5.4. Limitation on Construction Agent's Recourse Liability................................................ 17 5.5. Construction Agent's Right to Purchase............................................................... 18 5.6. Construction Return Procedures....................................................................... 18 5.7. Option to Remarket................................................................................... 19 5.8. Rejection of Sale.................................................................................... 21 5.9. Return of Leased Property............................................................................ 22 5.10. Reimbursements...................................................................................... 23 5.11. Building Construction Failure Payment............................................................... 23
