Common use of Right to Cure Defaults Clause in Contracts

Right to Cure Defaults. Upon the occurrence and during the continuance of any Event of Default, Mortgagee may, but without any obligation to do so and without notice to or demand on Mortgagor and without releasing Mortgagor from any obligation hereunder, make any payment not theretofor made by Mortgagor pursuant to the terms hereof or do any act provided for herein not theretofor done by Mortgagor as provided herein in such manner and to such extent as Mortgagee may deem necessary to protect the security hereof. Mortgagee is authorized to enter upon the Property for such purposes, or appear in, defend, or bring any action or proceeding to protect its interest in the Property or to foreclose this Security Instrument or collect the Debt, and the cost and expense thereof (including reasonable attorneys’ fees to the extent permitted by law), with interest as provided in this Section 7.3, shall constitute a portion of the Debt and shall be due and payable to Mortgagee upon demand. All such costs and expenses incurred by Mortgagee in remedying such Event of Default or such failed payment or act or in appearing in, defending, or bringing any such action or proceeding shall bear interest at the Default Rate, for the period after notice from Mortgagee that such cost or expense was incurred to the date of payment to Mortgagee. All such costs and expenses incurred by Mortgagee together with interest thereon calculated at the Default Rate shall be deemed to constitute a portion of the Debt and be secured by this Security Instrument and the other Loan Documents and shall be immediately due and payable upon demand by Mortgagee therefor. Notwithstanding the foregoing, to the extent that an Event of Default arises pursuant to Section 3.4, Section 3.5 or Section 3.6 hereof and occurs as the result of any act or omission of a space tenant under a Lease (a “Tenant Default”), Mortgagor shall have ninety (90) days to cure, or to cause tenant to cure, such Tenant Default (“Mortgagor Cure Period”), provided that (i) no Event of Default, other than such Tenant Default, has occurred and is continuing under the Loan Agreement, the Note, this Security Instrument or any of the other Loan Documents, (ii) Mortgagor is diligently and in good faith curing or pursuing tenant to cure the Tenant Default, (iii) neither the Property nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, canceled or lost and (iv) such Mortgagor Cure Period shall not have a Material Adverse Effect on the security afforded to Mortgagee pursuant to this Security Instrument.

Right to Cure Defaults. Upon the occurrence and during the continuance Tenant agrees to give to Agent, either by certified U.S. mail (return receipt requested) or overnight courier service (i.e., FedEx), a duplicate of each notice of any Event of Default, Mortgagee may, but without any obligation to do so and without default by Landlord under the Lease at the time Tenant gives such notice to or demand on Mortgagor Landlord, specifying the nature of such default, and without releasing Mortgagor from thereupon Agent shall have the right (but not the obligation) to cure such default, and Tenant shall not exercise its remedies under the Lease unless the Tenant first gives such notice to Agent and provides Agent with notice of such default, and an opportunity to cure the same within a period of time that shall be not less than the period of thirty (30) days beyond any obligation hereunder, make any payment not theretofor made by Mortgagor pursuant period afforded to the terms hereof Landlord to cure the default under the provisions of the Lease, and a reasonable period of time in addition thereto (i) if the circumstances are such that said default cannot reasonably be cured within such period and Agent has commenced and is diligently pursuing such cure, plus (ii) a reasonable period (not to exceed 270 days unless the cure cannot be effected without Agent taking possession of the Property) during any litigation or do enforcement action or proceeding, including a foreclosure, bankruptcy, reorganization, possessory action or a combination thereof provided that Agent or any act provided Successor provides Tenant with written notice of its intent to cure such default and then proceeds diligently to cure Landlord’s default upon acquiring possession of the Premises. It is specifically agreed that Tenant shall not exercise its remedies under the Lease against Agent or any Successor for herein not theretofor done failure to cure any bankruptcy, insolvency or reorganization default on the part of Landlord, any breach by Mortgagor as provided herein in such manner and to such extent as Mortgagee may deem necessary to protect the security hereof. Mortgagee is authorized to enter upon the Property for such purposesLandlord of any representation or warranty, or appear in, defend, any other breach or bring any action default under the Lease that is personal to Landlord or proceeding to protect its interest in the Property or to foreclose this Security Instrument or collect the Debt, and the cost and expense thereof (including reasonable attorneys’ fees to the extent permitted otherwise not reasonably susceptible of cure by law), with interest as provided in this Section 7.3, shall constitute a portion of the Debt and shall be due and payable to Mortgagee upon demand. All such costs and expenses incurred by Mortgagee in remedying such Event of Default Agent or such failed payment Successor. Tenant shall accept performance by Agent of any term, covenant, condition or act or in appearing in, defending, or bringing any such action or proceeding shall bear interest at agreement to be performed by Landlord under the Default Rate, for Lease with the period after notice from Mortgagee that such cost or expense was incurred to the date of payment to Mortgageesame force and effect as though performed by Landlord. All such costs and expenses incurred by Mortgagee together with interest thereon calculated at the Default Rate shall be deemed to constitute a portion of the Debt and be secured by this Security Instrument and the other Loan Documents and shall be immediately due and payable upon demand by Mortgagee therefor. Notwithstanding Without limitation on the foregoing, if the Lease is terminated for any reason other than (a) a termination which is effected unilaterally by Tenant in accordance with the express terms of the Lease, (b) the expiration of the term of the Lease, or (c) a termination that occurs in compliance with this Agreement, then upon Agent’s written request given within thirty (30) days after Agent receives written notice of such termination, Tenant shall, within fifteen (15) days after such request, execute and deliver to Agent a new lease of the Premises for the remainder of the term of the Lease, such new lease to be upon all of the same terms, covenants and conditions of the Lease applicable to the extent that an Event remainder of Default arises pursuant to Section 3.4, Section 3.5 or Section 3.6 hereof and occurs as the result term of any act or omission of a space tenant under a the Lease (a “Tenant Default”as affected by this Agreement), Mortgagor shall have ninety (90) days to cure, or to cause tenant to cure, such Tenant Default (“Mortgagor Cure Period”), provided that (i) no Event of Default, other than such Tenant Default, has occurred and is continuing under the Loan Agreement, the Note, this Security Instrument or any of the other Loan Documents, (ii) Mortgagor is diligently and in good faith curing or pursuing tenant to cure the Tenant Default, (iii) neither the Property nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, canceled or lost and (iv) such Mortgagor Cure Period shall not have a Material Adverse Effect on the security afforded to Mortgagee pursuant to this Security Instrument.

Right to Cure Defaults. Upon If Tenant fails to pay Rent (other than Base Rent and Escalation Rent) required to be paid by it hereunder, or fails to perform any other obligation under this Lease, and Tenant fails to cure such default within the occurrence and during the continuance of any Event of Defaultapplicable cure period, Mortgagee if any, specified in Section 20.2 above, then Landlord may, but without waiving any obligation to do so and without notice to of Landlord’s rights in connection therewith or demand on Mortgagor and without releasing Mortgagor Tenant from any obligation hereunderof its obligations or such default, make any such payment not theretofor or perform such other obligation on behalf of Tenant. Prior to commencing such payment or performing such obligation on behalf of Tenant, Landlord shall notify Tenant of its intentions to do so. All payments so made by Mortgagor pursuant to the terms hereof or do any act provided for herein not theretofor done by Mortgagor as provided herein in such manner and to such extent as Mortgagee may deem necessary to protect the security hereof. Mortgagee is authorized to enter upon the Property for such purposes, or appear in, defend, or bring any action or proceeding to protect its interest in the Property or to foreclose this Security Instrument or collect the DebtXxxxxxxx, and the cost all costs and expense thereof (including reasonable attorneys’ fees expenses incurred by Landlord to the extent permitted by law)perform such obligations, with interest as provided in this Section 7.3, shall constitute a portion of the Debt and shall be due and payable by Xxxxxx as Rent immediately upon receipt of Landlord’s demand therefor. If Landlord fails to Mortgagee upon demandperform its obligations under this Lease within fifteen (15) days after written notice from Tenant (provided Landlord shall have a longer time if reasonably necessary if Landlord commences cure within such fifteen (15) day period and diligently prosecutes such cure to completion) and such failure materially and adversely affects Tenant’s use of the Premises, then Tenant shall give Landlord an additional three (3) business days prior notice. All If Landlord has not commenced performance of its obligation within such costs three (3) business day period, Tenant shall have the right to perform such obligation on Landlord’s behalf, and Landlord shall reimburse Tenant for the reasonable cost thereof within thirty (30) days after presentation of a reasonably detailed invoice demonstrating the expenses incurred by Mortgagee Tenant. In the event Tenant makes any repairs to the Premises on Landlord’s behalf pursuant to this Section 20.6, Tenant shall be responsible for damages or injuries caused by Tenant or its employees, contractors and subcontractors in remedying making such Event of Default repairs or such failed payment or act or in appearing inany defect therein and shall indemnify Landlord against any liability, defending, or bringing any such action or proceeding shall bear interest at the Default Rate, for the period after notice from Mortgagee that such cost or expense was incurred to the date (including attorneys’ fees) arising out of payment to Mortgagee. All such costs and expenses incurred by Mortgagee together with interest thereon calculated at the Default Rate shall be deemed to constitute a portion of the Debt and be secured by this Security Instrument and the other Loan Documents and shall be immediately due and payable upon demand by Mortgagee therefor. Notwithstanding the foregoing, to the extent that an Event of Default arises pursuant to Section 3.4, Section 3.5 or Section 3.6 hereof and occurs as the result of any act or omission of a space tenant under a Lease (a “Tenant Default”), Mortgagor shall have ninety (90) days to cure, or to cause tenant to cure, such Tenant Default (“Mortgagor Cure Period”), provided that (i) no Event of Default, other than such Tenant Default, has occurred and is continuing under the Loan Agreement, the Note, this Security Instrument repair or any of defect in the other Loan Documents, (ii) Mortgagor is diligently and in good faith curing or pursuing tenant to cure the Tenant Default, (iii) neither the Property nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, canceled or lost and (iv) such Mortgagor Cure Period shall not have a Material Adverse Effect on the security afforded to Mortgagee pursuant to this Security Instrumentwork performed.

Right to Cure Defaults. Upon If Tenant fails to pay Rent (other than Base Rent and Escalation Rent) required to be paid by it hereunder, or fails to perform any other obligation under this Lease, and Tenant fails to cure such default within the occurrence and during the continuance of any Event of Defaultapplicable cure period, Mortgagee if any, specified in Section 20.2 above, then Landlord may, but without waiving any obligation to do so and without notice to of Landlord’s rights in connection therewith or demand on Mortgagor and without releasing Mortgagor Tenant from any obligation hereunderof its obligations or such default, make any such payment not theretofor or perform such other obligation on behalf of Tenant. Prior to commencing such payment or performing such obligation on behalf of Tenant, Landlord shall notify Tenant of its intentions to do so. All payments so made by Mortgagor pursuant to the terms hereof or do any act provided for herein not theretofor done by Mortgagor as provided herein in such manner and to such extent as Mortgagee may deem necessary to protect the security hereof. Mortgagee is authorized to enter upon the Property for such purposes, or appear in, defend, or bring any action or proceeding to protect its interest in the Property or to foreclose this Security Instrument or collect the DebtLandlord, and the cost all costs and expense thereof (including reasonable attorneys’ fees expenses incurred by Landlord to the extent permitted by law)perform such obligations, with interest as provided in this Section 7.3, shall constitute a portion of the Debt and shall be due and payable by Tenant as Rent immediately upon receipt of Landlord’s demand therefor. If Landlord fails to Mortgagee upon demandperform its obligations under this Lease within fifteen (15) days after written notice from Tenant (provided Landlord shall have a longer time if reasonably necessary if Landlord commences cure within such fifteen (15) day period and diligently prosecutes such cure to completion) and such failure materially and adversely affects Tenant’s use of the Premises, then Tenant shall give Landlord an additional three (3) business days prior notice. All If Landlord has not commenced performance of its obligation within such costs three (3) business day period. Tenant shall have the right to perform such obligation on Landlord’s behalf, and Landlord shall reimburse Tenant for the reasonable cost thereof within thirty (30) days after presentation of a reasonably detailed invoice demonstrating the expenses incurred by Mortgagee Tenant. In the event Tenant makes any repairs to the Premises on Landlord’s behalf pursuant to this Section 20.6, Tenant shall be responsible for damages or injuries caused by Tenant or its employees, contractors and subcontractors in remedying making such Event of Default repairs or such failed payment or act or in appearing inany defect therein and shall indemnify Landlord against any liability, defending, or bringing any such action or proceeding shall bear interest at the Default Rate, for the period after notice from Mortgagee that such cost or expense was incurred to the date (including attorneys’ fees) arising out of payment to Mortgagee. All such costs and expenses incurred by Mortgagee together with interest thereon calculated at the Default Rate shall be deemed to constitute a portion of the Debt and be secured by this Security Instrument and the other Loan Documents and shall be immediately due and payable upon demand by Mortgagee therefor. Notwithstanding the foregoing, to the extent that an Event of Default arises pursuant to Section 3.4, Section 3.5 or Section 3.6 hereof and occurs as the result of any act or omission of a space tenant under a Lease (a “Tenant Default”), Mortgagor shall have ninety (90) days to cure, or to cause tenant to cure, such Tenant Default (“Mortgagor Cure Period”), provided that (i) no Event of Default, other than such Tenant Default, has occurred and is continuing under the Loan Agreement, the Note, this Security Instrument repair or any of defect in the other Loan Documents, (ii) Mortgagor is diligently and in good faith curing or pursuing tenant to cure the Tenant Default, (iii) neither the Property nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, canceled or lost and (iv) such Mortgagor Cure Period shall not have a Material Adverse Effect on the security afforded to Mortgagee pursuant to this Security Instrumentwork performed.

Right to Cure Defaults. Upon If Tenant fails to pay Rent (other than Base Rent) required to be paid by it hereunder, or fails to perform any other obligation under this Lease, and Tenant fails to cure such default within the occurrence and during the continuance of any Event of Defaultapplicable cure period, Mortgagee if any, specified in Section 20.2 above, then Landlord may, but without waiving any obligation to do so and without notice to of Landlord’s rights in connection therewith or demand on Mortgagor and without releasing Mortgagor Tenant from any obligation hereunderof its obligations or such default, make any such payment not theretofor or perform such other obligation on behalf of Tenant. Prior to commencing such payment or performing such obligation on behalf of Tenant, Landlord shall notify Tenant of its intentions to do so. All payments so made by Mortgagor pursuant to the terms hereof or do any act provided for herein not theretofor done by Mortgagor as provided herein in such manner and to such extent as Mortgagee may deem necessary to protect the security hereof. Mortgagee is authorized to enter upon the Property for such purposes, or appear in, defend, or bring any action or proceeding to protect its interest in the Property or to foreclose this Security Instrument or collect the DebtLandlord, and the cost all costs and expense thereof (including reasonable attorneys’ fees expenses incurred by Landlord to the extent permitted by law)perform such obligations, with interest as provided in this Section 7.3, shall constitute a portion of the Debt and shall be due and payable by Tenant as Rent immediately upon receipt of Landlord’s demand therefor. If Landlord fails to Mortgagee upon demandperform its obligations under this Lease within fifteen (15) days after written notice from Tenant (provided Landlord shall have a longer time if reasonably necessary if Landlord commences cure within such fifteen (15) day period and diligently prosecutes such cure to completion) and such failure materially and adversely affects Tenant’s use of the Premises, then Tenant shall give Landlord an additional three (3) business days prior notice. All If Landlord has not commenced performance of its obligation within such costs three (3) business day period, Tenant shall have the right to perform such obligation on Landlord’s behalf, and Landlord shall reimburse Tenant for the reasonable cost thereof within thirty (30) days after presentation of a reasonably detailed invoice demonstrating the expenses incurred by Mortgagee Tenant. In the event Tenant makes any repairs to the Premises on Landlord’s behalf pursuant to this Section 20.6, Tenant shall be responsible for damages or injuries caused by Tenant or its employees, contractors and subcontractors in remedying making such Event of Default repairs or such failed payment or act or in appearing inany defect therein and shall indemnify Landlord against any liability, defending, or bringing any such action or proceeding shall bear interest at the Default Rate, for the period after notice from Mortgagee that such cost or expense was incurred to the date (including attorneys’ fees) arising out of payment to Mortgagee. All such costs and expenses incurred by Mortgagee together with interest thereon calculated at the Default Rate shall be deemed to constitute a portion of the Debt and be secured by this Security Instrument and the other Loan Documents and shall be immediately due and payable upon demand by Mortgagee therefor. Notwithstanding the foregoing, to the extent that an Event of Default arises pursuant to Section 3.4, Section 3.5 or Section 3.6 hereof and occurs as the result of any act or omission of a space tenant under a Lease (a “Tenant Default”), Mortgagor shall have ninety (90) days to cure, or to cause tenant to cure, such Tenant Default (“Mortgagor Cure Period”), provided that (i) no Event of Default, other than such Tenant Default, has occurred and is continuing under the Loan Agreement, the Note, this Security Instrument repair or any of defect in the other Loan Documents, (ii) Mortgagor is diligently and in good faith curing or pursuing tenant to cure the Tenant Default, (iii) neither the Property nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, canceled or lost and (iv) such Mortgagor Cure Period shall not have a Material Adverse Effect on the security afforded to Mortgagee pursuant to this Security Instrumentwork performed.

Right to Cure Defaults. Upon Except with respect to Key Rights (which shall be governed by Section 4 hereof) and except with respect to the occurrence and during the continuance Landlord Work Obligations (which shall be governed by Section 5 hereof), Tenant agrees to give notice to Lender of any Event of Default, Mortgagee may, but without any obligation to do so and without default by Landlord under the Lease at the time Tenant gives such notice to or demand on Mortgagor Landlord, specifying the nature of such default, and without releasing Mortgagor from thereupon Lender shall have the right (but not the obligation) to cure such default, and Tenant shall not exercise its remedies under the Lease unless the Tenant first gives such notice to any obligation hereunderMortgagees and provides such Mortgagees with notice of such default, make any payment and an opportunity to cure the same within a period of time that shall be not theretofor made by Mortgagor pursuant less than the period afforded to the terms hereof or do any act provided for herein not theretofor done by Mortgagor as provided herein in such manner and Landlord to such extent as Mortgagee may deem necessary to protect cure the security hereof. Mortgagee is authorized to enter upon default under the Property for such purposes, or appear in, defend, or bring any action or proceeding to protect its interest in the Property or to foreclose provisions of this Security Instrument or collect the DebtLease, and the cost and expense thereof (including a reasonable attorneys’ fees to the extent permitted by law), with interest as provided period of time in this Section 7.3, shall constitute a portion of the Debt and shall be due and payable to Mortgagee upon demand. All such costs and expenses incurred by Mortgagee in remedying such Event of Default or such failed payment or act or in appearing in, defending, or bringing any such action or proceeding shall bear interest at the Default Rate, for the period after notice from Mortgagee that such cost or expense was incurred to the date of payment to Mortgagee. All such costs and expenses incurred by Mortgagee together with interest thereon calculated at the Default Rate shall be deemed to constitute a portion of the Debt and be secured by this Security Instrument and the other Loan Documents and shall be immediately due and payable upon demand by Mortgagee therefor. Notwithstanding the foregoing, to the extent that an Event of Default arises pursuant to Section 3.4, Section 3.5 or Section 3.6 hereof and occurs as the result of any act or omission of a space tenant under a Lease (a “Tenant Default”), Mortgagor shall have ninety (90) days to cure, or to cause tenant to cure, such Tenant Default (“Mortgagor Cure Period”), provided that addition thereto (i) no Event of Default, other than if the circumstances are such Tenant Default, that said default cannot reasonably be cured within such period and Lender has occurred commenced and is continuing diligently pursuing * Omitted information is the subject of a request for confidential treatment pursuant to Rule 24b-2 under the Loan AgreementSecurities Exchange Act of 1934 and has been filed separately with the Securities and Exchange Commission. such cure, the Note, this Security Instrument or any of the other Loan Documents, plus (ii) Mortgagor an unlimited period (not to exceed 240 days) during any litigation or enforcement action or proceeding, including a foreclosure, bankruptcy, reorganization, possessory action or a combination thereof. It is diligently and in good faith curing or pursuing tenant specifically agreed that Tenant shall not require Lender to cure the Tenant Defaultany bankruptcy, (iii) neither the Property nor any part thereof insolvency or interest therein will be in danger of being sold, forfeited, terminated, canceled or lost and (iv) such Mortgagor Cure Period shall not have a Material Adverse Effect reorganization default on the security afforded part of landlord or any breach by landlord of any representation or warranty. Tenant shall accept performance by Lender of any term, covenant, condition or agreement to Mortgagee pursuant to this Security Instrumentbe performed by Landlord under the Lease with the same force and effect as though performed by Landlord.

Right to Cure Defaults. Upon the occurrence and during the continuance Tenant agrees to give notice to Lender of any Event of Default, Mortgagee may, but without any obligation to do so and without default by Landlord under the Lease at the time Tenant gives such notice to or demand on Mortgagor and without releasing Mortgagor from any obligation hereunderLandlord, make any payment not theretofor made by Mortgagor pursuant to specifying the terms hereof or do any act provided for herein not theretofor done by Mortgagor as provided herein in nature of such manner and to such extent as Mortgagee may deem necessary to protect the security hereof. Mortgagee is authorized to enter upon the Property for such purposes, or appear in, defend, or bring any action or proceeding to protect its interest in the Property or to foreclose this Security Instrument or collect the Debtdefault, and thereupon Lender shall have the cost right (but not the obligation) to cure such default, and expense thereof Tenant shall not exercise its remedies under the Lease until it has afforded Lender thirty (including reasonable attorneys’ fees 30) days after Lender’s receipt (or refusal of receipt) of such notice to the extent permitted by law), with interest as provided in this Section 7.3, shall constitute a portion of the Debt and shall be due and payable to Mortgagee upon demand. All cure such costs and expenses incurred by Mortgagee in remedying such Event of Default default (or such failed payment shorter period, if any, as may be feasible in case of an emergency threatening life or act or property) and a reasonable period of time in appearing in, defending, or bringing any such action or proceeding shall bear interest at the Default Rate, for the period after notice from Mortgagee that such cost or expense was incurred to the date of payment to Mortgagee. All such costs and expenses incurred by Mortgagee together with interest thereon calculated at the Default Rate shall be deemed to constitute a portion of the Debt and be secured by this Security Instrument and the other Loan Documents and shall be immediately due and payable upon demand by Mortgagee therefor. Notwithstanding the foregoing, to the extent that an Event of Default arises pursuant to Section 3.4, Section 3.5 or Section 3.6 hereof and occurs as the result of any act or omission of a space tenant under a Lease (a “Tenant Default”), Mortgagor shall have ninety (90) days to cure, or to cause tenant to cure, such Tenant Default (“Mortgagor Cure Period”), provided that addition thereto (i) no Event of Default, other than if the circumstances are such Tenant Default, that said default cannot reasonably be cured within said thirty (30) day period and Lender has occurred commenced and is continuing under diligently pursuing such cure or resolution including causing the Loan Agreement, Landlord to cure such default (but in any event not exceed 180 days in the Note, this Security Instrument or any aggregate on account of the other Loan Documents, operation of this clause (i)) and (ii) Mortgagor with respect to defaults for which Tenant has the right to terminate the Lease, the foregoing time periods shall be tolled for an unlimited period during any litigation or enforcement action or proceeding, including a foreclosure, bankruptcy, reorganization, possessory action or a combination thereof, in each case to facilitate Lender’s ability to effect such cure. It is diligently and in good faith curing or pursuing tenant specifically agreed that Tenant shall not require Lender to cure the Tenant Defaultany bankruptcy, (iii) neither the Property nor any part thereof insolvency or interest therein will be in danger of being sold, forfeited, terminated, canceled or lost and (iv) such Mortgagor Cure Period shall not have a Material Adverse Effect reorganization default on the security afforded part of landlord. Tenant shall accept performance by Lender of any term, covenant, condition or agreement to Mortgagee pursuant to this Security Instrumentbe performed by Landlord under the Lease with the same force and effect as though performed by Landlord.

Right to Cure Defaults. Upon the occurrence and during the continuance of If Subtenant shall at any Event of Default, Mortgagee may, but without any obligation time fail to do so and without notice to or demand on Mortgagor and without releasing Mortgagor from any obligation hereunder, make any payment not theretofor made by Mortgagor pursuant or perform any other obligation of Subtenant hereunder prior to the terms hereof expiration of any cure period granted herein, then Sublandlord shall have the right, but not the obligation, after the lesser of a five (5) business day notice to Subtenant or do the time within which Master Landlord may act on Sublandlord's behalf under the Master Lease, or such notice, if any, as is reasonable in the case of any act provided for herein not theretofor done by Mortgagor as provided herein emergency, and without waiving or releasing Subtenant from any obligations of Subtenant hereunder, to make such payment or perform such other obligation of Subtenant in such manner and to such extent as Mortgagee may Sublandlord shall reasonably deem necessary and in exercising any such right, to protect the security hereofpay any incidental costs and expenses, employ attorneys and other professionals and incur and pay attorneys' fees and other costs reasonably required in connection therewith. Mortgagee is authorized Subtenant shall pay to enter Sublandlord upon the Property for such purposes, or appear in, defend, or bring any action or proceeding to protect its interest in the Property or to foreclose this Security Instrument or collect the Debt, demand all sums so paid by Sublandlord and the cost and expense thereof (including reasonable attorneys’ fees to the extent permitted by law), with interest as provided in this Section 7.3, shall constitute a portion of the Debt and shall be due and payable to Mortgagee upon demand. All such all incidental costs and expenses incurred by Mortgagee of Sublandlord in remedying such Event of Default or such failed payment or act or in appearing inconnection therewith, defending, or bringing any such action or proceeding shall bear interest at the Default Rate, for the period after notice from Mortgagee that such cost or expense was incurred to the date of payment to Mortgagee. All such costs and expenses incurred by Mortgagee together with interest thereon calculated at the Default Rate Interest Rate. If Sublandlord shall be deemed at any time fail to constitute make payment or perform any other obligation of Sublandlord under the Master Lease, then Subtenant shall have the right, but not the obligation, after the lesser of a portion five (5) business day notice to Sublandlord or the time within which Master Landlord may act on Sublandlord's behalf under the Master Lease, or with such notice, if any, as is reasonable in case of the Debt any emergency, and be secured by this Security Instrument and the other Loan Documents and shall be immediately due and payable upon demand by Mortgagee therefor. Notwithstanding the foregoingwithout waiving or releasing Sublandlord from any obligations of Sublandlord hereunder, to the make such payment or perform such other obligation of Sublandlord in such manner and to such extent that an Event of Default arises pursuant to Section 3.4as Subtenant shall reasonably deem necessary, Section 3.5 or Section 3.6 hereof and occurs as the result of any act or omission of a space tenant under a Lease (a “Tenant Default”), Mortgagor shall have ninety (90) days to cure, or to cause tenant to cure, such Tenant Default (“Mortgagor Cure Period”), provided that (i) no Event of Default, other than such Tenant Default, has occurred and is continuing under the Loan Agreement, the Note, this Security Instrument or any of the other Loan Documents, (ii) Mortgagor is diligently and in good faith curing or pursuing tenant exercising any such right, to cure the Tenant Defaultpay any incidental costs and expenses, (iii) neither the Property nor any part thereof or interest therein will be employ attorneys and other professionals, and incur and pay attorneys' fees and other costs reasonably required in danger of being sold, forfeited, terminated, canceled or lost and (iv) such Mortgagor Cure Period connection therewith. Sublandlord shall not have a Material Adverse Effect on the security afforded to Mortgagee pursuant to this Security Instrument.pay to