Common use of Right to Cure Defaults Clause in Contracts

Right to Cure Defaults. If Subtenant fails to perform any of its obligations under this Sublease after expiration of applicable grace or cure periods, then Sublandlord may, but shall not be obligated to, perform any such obligations for Subtenant’s account. All reasonable costs and expenses incurred by Sublandlord in performing any such act for the account of Subtenant shall be deemed Rent payable by Subtenant to Sublandlord upon demand, together with interest thereon at the lesser of (i) two percent (2%) per annum above the prime rate of interest that Xxxxx Fargo Bank charges its most credit worthy customers or (ii) the maximum rate allowable under law (the “Interest Rate”) from the date of the expenditure until repaid. If Sublandlord undertakes to perform any of Subtenant’s obligations for the account of Subtenant pursuant hereto, the taking of such action shall not constitute a waiver of any of Sublandlord’s remedies. Except as expressly set forth herein, Subtenant hereby expressly waives its rights under any statute to make repairs at the expense of Sublandlord. If Sublandlord fails to perform any of its obligations under the Master Lease, the Master Sublease or this Sublease after expiration of applicable grace or cure periods (for purposes of this Sublease, the applicable grace period for Sublandlord’s performance of obligations hereunder shall be (x) ten (10) days following notice with respect to Sublandlord’s obligation to make any payment to Subtenant and (y) thirty (30) days following notice with respect to any other obligation hereunder), then Subtenant may, but shall not be obligated to, perform any such obligations for Sublandlord’s account, all in compliance with the applicable provisions of the Master Sublease, as applicable. All costs and expenses incurred by Subtenant in performing any such act for the account of Sublandlord shall be payable by Sublandlord to Subtenant upon demand, together with interest thereon at the Interest Rate from the date of the expenditure until repaid. If Subtenant undertakes to perform any of Sublandlord’s obligations for the account of Sublandlord pursuant hereto, the taking of such action shall not constitute a waiver of any of Subtenant’s remedies. Sublandlord hereby expressly waives its rights under any statute to make repairs at the expense of Subtenant.

Right to Cure Defaults. If Subtenant fails to perform default in the performance of any of its obligations under this Sublease after expiration the covenants of applicable grace or cure periodsthe Mortgagor herein occurs, then Sublandlord the Mortgagee may, but at its discretion, remedy the same and for such purpose shall not have the right to enter upon the Mortgaged Property or any portion thereof without thereby becoming liable to the Mortgagor or any person in possession thereof holding under the Mortgagor. If the Mortgagee shall remedy such a default or appear in, defend, or bring any action or proceeding to protect its interest in the Mortgaged Property or to foreclose this Mortgage or collect the Debt, the costs and expenses thereof (including reasonable attorneys’ fees to the extent permitted by law), with interest as provided in this paragraph, shall be obligated to, perform any such obligations for Subtenant’s accountsecured by this Mortgage and paid by the Mortgagor to the Mortgagee upon demand. All reasonable such costs and expenses incurred by Sublandlord the Mortgagee in performing remedying such default or in appearing in, defending, or bringing any such act action or proceeding shall be paid by the Mortgagor to the Mortgagee upon demand, with interest (calculated for the account actual number of Subtenant days elapsed on the basis of a 360-day year) at a rate per annum equal to 5% plus the rate of interest provided in the Note (herein referred to as the “Default Rate”), provided, however, that the Default Rate shall be deemed Rent payable in no event exceed 8 For fee mortgage, strike this paragraph (t). 9 For fee mortgage, strike this paragraph (u). 10 Include this paragraph (v) only if mortgage covers one or more condominium units. the maximum interest rate which the Mortgagor may by Subtenant law pay, for the period after notice from the Mortgagee that such costs or expenses were incurred to Sublandlord the date of payment to the Mortgagee. To the extent any of the aforementioned costs or expenses paid by the Mortgagee after default by the Mortgagor shall constitute payment of (i) Taxes, (ii) premiums on insurance policies covering the Mortgaged Property, (iii) expenses incurred in upholding the lien of this Mortgage, including, but not limited to, the costs and expenses of any litigation to collect the indebtedness secured by this Mortgage or to prosecute, defend, protect or preserve the rights and the lien created by this Mortgage, or (iv) any amount, cost or charge to which the Mortgagee becomes subrogated, upon demandpayment, whether under recognized principles of law or equity, or under express statutory authority; then, and in each such event, such costs, expenses and amounts, together with interest thereon at the lesser of (i) two percent (2%) per annum above Default Rate, shall be added to the prime rate of interest that Xxxxx Fargo Bank charges its most credit worthy customers or (ii) indebtedness secured by this Mortgage and shall be secured by this Mortgage. Notwithstanding anything to the contrary contained in this Mortgage, the maximum rate allowable under law (the “Interest Rate”) from the date amount of the expenditure until repaid. If Sublandlord undertakes to perform principal indebtedness secured by this Mortgage at execution or which under any of Subtenant’s obligations for contingency may become secured by this Mortgage is and /100 Dollars ($ ), plus all amounts expended by the account of Subtenant pursuant heretoMortgagee after default by the Mortgagor, the taking of such action shall not constitute a waiver of any of Sublandlord’s remedies. Except as expressly hereinabove set forth herein, Subtenant hereby expressly waives its rights under any statute to make repairs at the expense of Sublandlord. If Sublandlord fails to perform any of its obligations under the Master Lease, the Master Sublease or in this Sublease after expiration of applicable grace or cure periods (for purposes of this Sublease, the applicable grace period for Sublandlord’s performance of obligations hereunder shall be (x) ten (10) days following notice with respect to Sublandlord’s obligation to make any payment to Subtenant and (y) thirty (30) days following notice with respect to any other obligation hereunder), then Subtenant may, but shall not be obligated to, perform any such obligations for Sublandlord’s account, all in compliance with the applicable provisions of the Master Sublease, as applicable. All costs and expenses incurred by Subtenant in performing any such act for the account of Sublandlord shall be payable by Sublandlord to Subtenant upon demand, together with interest thereon at the Interest Rate from the date of the expenditure until repaid. If Subtenant undertakes to perform any of Sublandlord’s obligations for the account of Sublandlord pursuant hereto, the taking of such action shall not constitute a waiver of any of Subtenant’s remedies. Sublandlord hereby expressly waives its rights under any statute to make repairs at the expense of Subtenantparagraph.

Right to Cure Defaults. If Subtenant fails to perform Upon the occurrence and during the continuance of any Event of its obligations under this Sublease after expiration of applicable grace or cure periodsDefault, then Sublandlord 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 or do any act required of Mortgagor hereunder in such manner and to such extent as Lenders 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 Obligations, and the cost and expense thereof (including reasonable attorneys’ fees to the extent permitted by Laws), with interest as provided in this Section 8.3, shall not constitute a portion of the Obligations and shall be obligated to, perform any such obligations for Subtenant’s accountdue and payable to Mortgagee on behalf of Lenders upon demand. All reasonable such costs and expenses incurred by Sublandlord Mortgagee or any Lender in performing remedying such Event of Default or such failed payment or act or in appearing in, defending, or bringing any such act for action or proceeding shall bear interest at any default rate specified in the account of Subtenant shall be deemed Rent payable by Subtenant to Sublandlord upon demandCredit Agreement, together with interest thereon at the lesser of (i) two percent (2%) per annum above the prime rate of interest that Xxxxx Fargo Bank charges its most credit worthy customers or (ii) the maximum rate allowable under law if any (the “Interest Default Rate”) ), for the period after notice from Mortgagee or any Lender that such cost or expense was incurred to the date of the expenditure until repaid. If Sublandlord undertakes to perform any of Subtenant’s obligations for the account of Subtenant pursuant hereto, the taking of such action shall not constitute a waiver of any of Sublandlord’s remedies. Except as expressly set forth herein, Subtenant hereby expressly waives its rights under any statute to make repairs at the expense of Sublandlord. If Sublandlord fails to perform any of its obligations under the Master Lease, the Master Sublease or this Sublease after expiration of applicable grace or cure periods (for purposes of this Sublease, the applicable grace period for Sublandlord’s performance of obligations hereunder shall be (x) ten (10) days following notice with respect to Sublandlord’s obligation to make any payment to Subtenant and (y) thirty (30) days following notice with respect to any other obligation hereunder), then Subtenant may, but shall not be obligated to, perform any Mortgagee or such obligations for Sublandlord’s account, all in compliance with the applicable provisions of the Master Sublease, as applicableLender. All such costs and expenses incurred by Subtenant in performing Mortgagee or any such act for the account of Sublandlord shall be payable by Sublandlord to Subtenant upon demand, Lender together with interest thereon calculated at the Interest Default Rate from the date shall be deemed to constitute a portion of the expenditure until repaid. If Subtenant undertakes to perform any of Sublandlord’s obligations for Obligations and be secured by this Security Instrument and the account of Sublandlord pursuant hereto, the taking of other Loan Documents and shall be immediately due and payable upon demand by Mortgagee or such action shall not constitute a waiver of any of Subtenant’s remedies. Sublandlord hereby expressly waives its rights under any statute to make repairs at the expense of SubtenantLender therefor.

Right to Cure Defaults. If Subtenant fails to perform Upon the occurrence and during the continuance of any Event of its obligations under this Sublease after expiration of applicable grace or cure periodsDefault, then Sublandlord 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 or do the same in such manner and to such extent as Mortgagee may deem necessary to protect the security hereof. Without limiting the foregoing, Mortgagee may enter upon the Mortgaged Property for such purposes or appear in, defend, or bring any action or proceeding to protect its interest in the Mortgaged Property, and the cost and expense thereof (including, without limitation, attorneys' fees and disbursements to the extent permitted by law), with interest as provided in this Paragraph 22, shall not be obligated to, perform any such obligations for Subtenant’s accountimmediately due and payable to Mortgagee upon demand by Mortgagee therefor. All reasonable such costs and expenses incurred by Sublandlord Mortgagee in performing remedying such Event of Default or in appearing in, defending, or bringing any such act action or proceeding shall bear interest at the Default Rate (as such term is defined in the Note), for the account period commencing on the date five (5) days after Mortgagor's receipt of Subtenant shall be deemed Rent payable by Subtenant Mortgagee's written demand for payment for such cost or expense and ending on the date of payment to Sublandlord upon demandMortgagee. All such costs and expenses, together with interest thereon at the lesser of (i) two percent (2%) per annum above Default Rate, shall be added to the prime rate of interest that Xxxxx Fargo Bank charges its most credit worthy customers or (ii) Indebtedness and shall be secured by this Mortgage. If the maximum rate allowable under law (the “Interest Rate”) from the date principal sum of the expenditure until repaid. If Sublandlord undertakes Note or any other amount required to perform any of Subtenant’s obligations for be paid on the account of Subtenant pursuant hereto, the taking of such action shall not constitute a waiver of any of Sublandlord’s remedies. Except as expressly set forth herein, Subtenant hereby expressly waives its rights under any statute to make repairs at the expense of Sublandlord. If Sublandlord fails to perform any of its obligations Maturity Date under the Master Lease, the Master Sublease or this Sublease after expiration of applicable grace or cure periods (for purposes of this Sublease, the applicable grace period for Sublandlord’s performance of obligations hereunder shall be (x) ten (10) days following notice with respect to Sublandlord’s obligation to make any payment to Subtenant and (y) thirty (30) days following notice with respect to any other obligation hereunder), then Subtenant may, but Note shall not be obligated topaid on the Maturity Date, perform any such obligations for Sublandlord’s account, all in compliance with the applicable provisions of the Master Sublease, as applicable. All costs interest shall thereafter be computed and expenses incurred by Subtenant in performing any such act for the account of Sublandlord shall be payable by Sublandlord to Subtenant upon demand, together with interest thereon paid at the Interest Rate from the date of the expenditure until repaid. If Subtenant undertakes to perform any of Sublandlord’s obligations for the account of Sublandlord pursuant hereto, the taking of such action shall not constitute a waiver of any of Subtenant’s remedies. Sublandlord hereby expressly waives its rights under any statute to make repairs at the expense of SubtenantDefault Rate.

Right to Cure Defaults. If Subtenant fails the Mortgagor shall fail promptly to perform or observe any of the terms, covenants or conditions required to be performed by it under this Mortgage or the Leases, including, without limitation, payment of all rent and other charges due under each thereof, the Mortgagee may, without obligation to do so, and upon reasonable prior notice to the Mortgagor (except in an emergency), take such action as is appropriate to cause TO CREDIT AGREEMENT such terms, covenants or conditions to be promptly performed or observed on behalf of the Mortgagor, but no such action by the Mortgagee shall release the Mortgagor from any of its obligations under this Sublease after expiration Mortgage. To the maximum extent permitted by law, all sums, including reasonable attorneys’ fees and disbursements and court costs, so expended or expended to sustain the Lien or estate of applicable grace the Leases or cure periodsof this Mortgage or its priority or to protect or enforce any of the rights under any thereof or hereunder, then Sublandlord mayor to recover any of the Secured Obligations, but shall not be obligated toa Lien on the Mortgaged Property, perform any such obligations for Subtenant’s account. All reasonable costs and expenses incurred by Sublandlord in performing any such act for the account of Subtenant shall be deemed Rent payable to be added to the Secured Obligations secured hereby, and shall be paid by Subtenant the Mortgagor to Sublandlord upon demandthe Mortgagee within ten days after demand therefor, together with interest thereon at the lesser of (i) two percent (2%) per annum above Post-Default Rate. Upon receipt by the prime rate of interest that Xxxxx Fargo Bank charges its most credit worthy customers or (ii) the maximum rate allowable under law (the “Interest Rate”) Mortgagee from the date lessor under the Leases of any notice of default by the Mortgagor thereunder, the Mortgagee may rely thereon and take any action as aforesaid to cure such default even though the existence of such default or the nature thereof be questioned or denied by the Mortgagor or by any party on behalf of the expenditure until repaid. If Sublandlord undertakes to perform any of Subtenant’s obligations for the account of Subtenant pursuant hereto, the taking of such action shall not constitute a waiver of any of Sublandlord’s remedies. Except as expressly set forth herein, Subtenant hereby expressly waives its rights under any statute to make repairs at the expense of Sublandlord. If Sublandlord fails to perform any of its obligations under the Master Lease, the Master Sublease or this Sublease after expiration of applicable grace or cure periods (for purposes of this Sublease, the applicable grace period for Sublandlord’s performance of obligations hereunder shall be (x) ten (10) days following notice with respect to Sublandlord’s obligation to make any payment to Subtenant and (y) thirty (30) days following notice with respect to any other obligation hereunder), then Subtenant may, but shall not be obligated to, perform any such obligations for Sublandlord’s account, all in compliance with the applicable provisions of the Master Sublease, as applicable. All costs and expenses incurred by Subtenant in performing any such act for the account of Sublandlord shall be payable by Sublandlord to Subtenant upon demand, together with interest thereon at the Interest Rate from the date of the expenditure until repaid. If Subtenant undertakes to perform any of Sublandlord’s obligations for the account of Sublandlord pursuant hereto, the taking of such action shall not constitute a waiver of any of Subtenant’s remedies. Sublandlord hereby expressly waives its rights under any statute to make repairs at the expense of SubtenantMortgagor.

Right to Cure Defaults. If Subtenant fails to perform any of its obligations under this Sublease after expiration of applicable grace or cure periods, then Sublandlord Lender may, but shall not be obligated towithout any obligation to do so and without notice to or demand on Borrower and without releasing Borrower from any obligation hereunder or being deemed to have cured any failure of performance hereunder, make, do or perform any obligation of Borrower hereunder in such manner and to such extent as Lender may deem necessary with respect to an Event of Default; provided, that, if there is an Event of Default (other than a Mortgage Loan Default) for which Lender will need to enter the Properties to make, do or perform such obligations of Borrower, then, after three (3) Business Days’ notice to Borrower (except in an emergency when no notice shall be required), Lender is authorized to enter upon the Properties for Subtenant’s accountsuch purposes. Lender may appear in, defend, or bring any action or proceeding to protect its interest in such Individual Property for such purposes, and the cost and expense thereof (including reasonable attorneys’ fees to the extent permitted by law), with interest as provided in this Section 8.3, shall constitute a portion of the Debt and shall be due and payable to Lender upon demand. All reasonable such costs and expenses incurred by Sublandlord Lender in performing remedying such failed payment or act or in appearing in, defending, or bringing any such act action or proceeding shall bear interest at the Default Rate, for the account of Subtenant shall be deemed Rent payable by Subtenant to Sublandlord upon demand, together with interest thereon at the lesser of (i) two percent (2%) per annum above the prime rate of interest that Xxxxx Fargo Bank charges its most credit worthy customers period after such cost or (ii) the maximum rate allowable under law (the “Interest Rate”) from expense was incurred until the date of the expenditure until repaid. If Sublandlord undertakes to perform any of Subtenant’s obligations for the account of Subtenant pursuant hereto, the taking of such action shall not constitute a waiver of any of Sublandlord’s remedies. Except as expressly set forth herein, Subtenant hereby expressly waives its rights under any statute to make repairs at the expense of Sublandlord. If Sublandlord fails to perform any of its obligations under the Master Lease, the Master Sublease or this Sublease after expiration of applicable grace or cure periods (for purposes of this Sublease, the applicable grace period for Sublandlord’s performance of obligations hereunder shall be (x) ten (10) days following notice with respect to Sublandlord’s obligation to make any payment to Subtenant Lender. Upon the occurrence and (y) thirty (30) days following notice with respect to any other obligation hereunder)during the continuance of a Mortgage Loan Default, then Subtenant Lender may, but shall not be obligated towithout any obligation to do so and without notice to or demand on Borrower or Mortgage Borrower and without releasing Mortgage Borrower from any obligation under the Mortgage Loan Documents or being deemed to have cured any Mortgage Loan Default, make, do or perform any obligation of Mortgage Borrower under Mortgage Loan Documents in such obligations for Sublandlord’s account, all in compliance with the applicable provisions of the Master Sublease, manner and to such extent as applicableLender may deem necessary. All such costs and expenses incurred by Subtenant Lender in performing any remedying such Mortgage Loan Default or such failed payment or act shall bear interest at the Default Rate, for the account period after such cost or expense was incurred into the date of Sublandlord shall be payable payment to Lender. All such costs and expenses incurred by Sublandlord to Subtenant upon demand, Lender together with interest thereon calculated at the Interest Default Rate from the date shall be deemed to constitute a portion of the expenditure until repaidDebt and be secured by the liens, claims and security interests provided to Lender under the Loan Documents and shall be immediately due and payable upon demand by Lender therefor. If Subtenant undertakes to perform any of Sublandlord’s obligations for Any default under the account of Sublandlord pursuant hereto, Mortgage Loan which is cured by Lender after the taking of such action shall not constitute a waiver expiration of any applicable grace, notice or cure period under the Mortgage Loan Documents shall constitute an immediate Event of Subtenant’s remedies. Sublandlord hereby expressly waives its rights Default under this Agreement without any statute to make repairs at the expense of Subtenantnotice, grace or cure period otherwise applicable under this Agreement.

Right to Cure Defaults. If Subtenant fails to perform default in the performance of any of its obligations under this Sublease after expiration the covenants of applicable grace or cure periodsthe Mortgagor herein occurs, then Sublandlord the Mortgagee may, but at its discretion, remedy the same and for such purpose shall not have the right to enter upon the Mortgaged Property or any portion thereof without thereby becoming liable to the Mortgagor or any person in possession thereof holding under the Mortgagor. If the Mortgagee shall remedy such a default or appear in, defend, or bring any action or proceeding to protect its interest in the Mortgaged Property or to foreclose this Mortgage or collect the Debt, the costs and expenses thereof (including reasonable attorneys' fees to the extent permitted by law), with interest as provided in this paragraph, shall be obligated to, perform any such obligations for Subtenant’s accountpaid by the Mortgagor to the Mortgagee upon demand. All reasonable such costs and expenses incurred by Sublandlord the Mortgagee in performing remedying such default or in appearing in, defending, or bringing any such act action or proceeding shall be paid by the Mortgagor to the Mortgagee upon demand, with interest (calculated for the account actual number of Subtenant days elapsed on the basis of a 360-day year) at a rate per annum equal to twenty four percent (24%) per annum (herein referred to as the "Default Rate"), provided, however, that the Default Rate shall in no event exceed the maximum interest rate which the Mortgagor may by law pay, for the period after notice from the Mortgagee that such costs or expenses were incurred to the date of payment to the Mortgagee. To the extent any of the aforementioned costs or expenses paid by the Mortgagee after default by the Mortgagor shall constitute payment of (i) taxes, charges or assessments which may be deemed Rent payable imposed by Subtenant law upon the Mortgaged Property, (ii) premiums on insurance policies covering the Mortgaged Property, (iii) expenses incurred in upholding the lien of this Mortgage, including, but not limited to, the costs and expenses of any litigation to Sublandlord collect the indebtedness secured by this Mortgage or to prosecute, defend, protect or preserve the rights and the lien created by this Mortgage, or (iv) any amount, cost or charge to which the Mortgagee becomes subrogated, upon demandpayment, whether under recognized principles of law or equity, or under express statutory authority; then, and in each such event, such costs, expenses and amounts, together with interest thereon at the lesser of (i) two percent (2%) per annum above Default Rate, shall be added to the prime rate of interest that Xxxxx Fargo Bank charges its most credit worthy customers or (ii) indebtedness secured by this Mortgage and shall be secured by this Mortgage. Notwithstanding anything to the contrary contained in this Mortgage, the maximum rate allowable under law (the “Interest Rate”) from the date amount of the expenditure until repaid. If Sublandlord undertakes to perform principal indebtedness secured by this Mortgage at execution or which under any of Subtenant’s obligations for contingency may become secured by this Mortgage is Nine Hundred Thousand AND N0/100 ($900,000) DOLLARS plus all amounts expended by the account of Subtenant pursuant heretoMortgagee after default by the Mortgagor, the taking of such action shall not constitute a waiver of any of Sublandlord’s remedies. Except as expressly hereinabove set forth herein, Subtenant hereby expressly waives its rights under any statute to make repairs at the expense of Sublandlord. If Sublandlord fails to perform any of its obligations under the Master Lease, the Master Sublease or in this Sublease after expiration of applicable grace or cure periods (for purposes of this Sublease, the applicable grace period for Sublandlord’s performance of obligations hereunder shall be (x) ten (10) days following notice with respect to Sublandlord’s obligation to make any payment to Subtenant and (y) thirty (30) days following notice with respect to any other obligation hereunder), then Subtenant may, but shall not be obligated to, perform any such obligations for Sublandlord’s account, all in compliance with the applicable provisions of the Master Sublease, as applicable. All costs and expenses incurred by Subtenant in performing any such act for the account of Sublandlord shall be payable by Sublandlord to Subtenant upon demand, together with interest thereon at the Interest Rate from the date of the expenditure until repaid. If Subtenant undertakes to perform any of Sublandlord’s obligations for the account of Sublandlord pursuant hereto, the taking of such action shall not constitute a waiver of any of Subtenant’s remedies. Sublandlord hereby expressly waives its rights under any statute to make repairs at the expense of Subtenantparagraph.

Right to Cure Defaults. If Subtenant fails to perform Upon the occurrence and during the continuance of any Event of its obligations under this Sublease after expiration of applicable grace or cure periodsDefault, then Sublandlord 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 or do any act required of Mortgagor hereunder in such manner and to such extent as Mortgagee may deem necessary to protect the security hereof. Mortgagee is authorized to enter upon the Mortgaged Property for such purposes, or appear in, defend, or bring any action or proceeding to protect its interest in the Mortgaged Property or to foreclose this Security Instrument or collect the Secured Obligations, and the cost and expense thereof (including reasonable attorneys’ fees to the extent permitted by law), with interest as provided in this Section 8.3, shall not constitute a portion of the Secured Obligations and shall be obligated to, perform any such obligations for Subtenant’s accountdue and payable to Mortgagee on behalf of Lenders upon demand. All reasonable such costs and expenses incurred by Sublandlord Mortgagee or any Lender in performing remedying such Event of Default or such failed payment or act or in appearing in, defending, or bringing any such act for action or proceeding shall bear interest at any default rate specified in the account of Subtenant shall be deemed Rent payable by Subtenant to Sublandlord upon demandCredit Agreement, together with interest thereon at the lesser of (i) two percent (2%) per annum above the prime rate of interest that Xxxxx Fargo Bank charges its most credit worthy customers or (ii) the maximum rate allowable under law if any (the “Interest Default Rate”) ), for the period after notice from Mortgagee or any Lender that such cost or expense was incurred to the date of the expenditure until repaid. If Sublandlord undertakes to perform any of Subtenant’s obligations for the account of Subtenant pursuant hereto, the taking of such action shall not constitute a waiver of any of Sublandlord’s remedies. Except as expressly set forth herein, Subtenant hereby expressly waives its rights under any statute to make repairs at the expense of Sublandlord. If Sublandlord fails to perform any of its obligations under the Master Lease, the Master Sublease or this Sublease after expiration of applicable grace or cure periods (for purposes of this Sublease, the applicable grace period for Sublandlord’s performance of obligations hereunder shall be (x) ten (10) days following notice with respect to Sublandlord’s obligation to make any payment to Subtenant and (y) thirty (30) days following notice with respect to any other obligation hereunder), then Subtenant may, but shall not be obligated to, perform any Mortgagee or such obligations for Sublandlord’s account, all in compliance with the applicable provisions of the Master Sublease, as applicableLender. All such costs and expenses incurred by Subtenant in performing Mortgagee or any such act for the account of Sublandlord shall be payable by Sublandlord to Subtenant upon demand, Lender together with interest thereon calculated at the Interest Default Rate from the date shall be deemed to constitute a portion of the expenditure until repaid. If Subtenant undertakes to perform any of Sublandlord’s obligations for Secured Obligations and be secured by this Security Instrument and the account of Sublandlord pursuant hereto, the taking of other Loan Documents and shall be immediately due and payable upon demand by Mortgagee or such action shall not constitute a waiver of any of Subtenant’s remedies. Sublandlord hereby expressly waives its rights under any statute to make repairs at the expense of SubtenantLender therefor.

Right to Cure Defaults. If Subtenant fails to perform default in the performance of any of its obligations under this Sublease after expiration the covenants of applicable grace or cure periodsthe Mortgagor herein occurs, then Sublandlord the Mortgagee may, but at its discretion, remedy the same and for such purpose shall not have the right to enter upon the Mortgaged Property or any portion thereof without thereby becoming liable to the Mortgagor or any person in possession thereof holding under the Mortgagor. If the Mortgagee shall remedy such a default or appear in, defend, or bring any action or proceeding to protect its interest in the Mortgaged Property or to foreclose this Mortgage or collect the Debt, the costs and expenses thereof (including reasonable attorneys' fees to the extent permitted by law), with interest as provided in this paragraph, shall be obligated to, perform any such obligations for Subtenant’s accountpaid by the Mortgagor to the Mortgagee upon demand. All reasonable such costs and expenses incurred by Sublandlord the Mortgagee in performing remedying such default or in appearing in, defending, or bringing any such act action or proceeding shall be paid by the Mortgagor to the Mortgagee upon demand, with interest (calculated for the account actual number of Subtenant days elapsed on the basis of a 360-day year) at a rate per annum equal to 2% plus the rate of interest provided in the Note (herein referred to as the Default Rate), provided, however, that the Default Rate shall in no event exceed the maximum interest rate which the Mortgagor may by law pay, for the period after notice from the Mortgagee that such costs or expenses were incurred to the date of payment to the Mortgagee. To the extent any of the aforementioned costs or expenses paid by the Mortgagee after default by the Mortgagor shall constitute payment of (i) taxes, charges or assessments which may be deemed Rent payable imposed by Subtenant law upon the Mortgaged Property, (ii) premiums on insurance policies covering the Mortgaged Property, (iii) expenses incurred in upholding the lien of this Mortgage, including, but not limited to, the costs and expenses of any litigation to Sublandlord collect the indebtedness secured by this Mortgage or to prosecute, defend, protect or preserve the rights and the lien created by this Mortgage, or (iv) any amount, cost or charge to which the Mortgagee becomes subrogated, upon demandpayment, whether under recognized principles of law or equity, or under express statutory authority; then, and in each such event, such costs, expenses and amounts, together with interest thereon at the lesser of (i) two percent (2%) per annum above Default Rate, shall be added to the prime rate of interest that Xxxxx Fargo Bank charges its most credit worthy customers or (ii) indebtedness secured by this Mortgage and shall be secured by this Mortgage. Notwithstanding anything to the contrary contained in this Mortgage, the maximum rate allowable under law (the “Interest Rate”) from the date amount of the expenditure until repaid. If Sublandlord undertakes to perform principal indebtedness secured by this Mortgage at execution or which under any of Subtenant’s obligations for contingency may become secured by this Mortgage is TWO MILLION FIVE HUNDRED SEVENTY THOUSAND AND 00/100 ($2,570,000.00) DOLLARS, plus all amounts expended by the account of Subtenant pursuant heretoMortgagee after default by the Mortgagor, the taking of such action shall not constitute a waiver of any of Sublandlord’s remedies. Except as expressly hereinabove set forth herein, Subtenant hereby expressly waives its rights under any statute to make repairs at the expense of Sublandlord. If Sublandlord fails to perform any of its obligations under the Master Lease, the Master Sublease or in this Sublease after expiration of applicable grace or cure periods (for purposes of this Sublease, the applicable grace period for Sublandlord’s performance of obligations hereunder shall be (x) ten (10) days following notice with respect to Sublandlord’s obligation to make any payment to Subtenant and (y) thirty (30) days following notice with respect to any other obligation hereunder), then Subtenant may, but shall not be obligated to, perform any such obligations for Sublandlord’s account, all in compliance with the applicable provisions of the Master Sublease, as applicable. All costs and expenses incurred by Subtenant in performing any such act for the account of Sublandlord shall be payable by Sublandlord to Subtenant upon demand, together with interest thereon at the Interest Rate from the date of the expenditure until repaid. If Subtenant undertakes to perform any of Sublandlord’s obligations for the account of Sublandlord pursuant hereto, the taking of such action shall not constitute a waiver of any of Subtenant’s remedies. Sublandlord hereby expressly waives its rights under any statute to make repairs at the expense of Subtenantparagraph.

Right to Cure Defaults. If Subtenant Upon the occurrence of any Event of Default or if Mortgagor fails to perform make any of its obligations under this Sublease after expiration of applicable grace payment or cure periodsto do any act as herein provided, then Sublandlord 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 or do the same in such manner and to such extent as Mortgagee may deem necessary to protect the security hereof. Without limiting the foregoing, Mortgagee may enter upon the Mortgaged Property for such purposes or appear in, defend, or bring any action or proceeding to protect its interest in the Mortgaged Property, and the cost and expense thereof (including, without limitation, attorneys' fees and disbursements to the extent permitted by law), with interest as provided in this PARAGRAPH 22, shall not be obligated to, perform any such obligations for Subtenant’s accountimmediately due and payable to Mortgagee upon demand by Mortgagee therefor. All reasonable such costs and expenses incurred by Sublandlord Mortgagee in performing remedying such Event of Default or in appearing in, defending, or bringing any such act action or proceeding shall bear interest at the Default Rate, for the account period from the date that such cost or expense was incurred to the date of Subtenant shall be deemed Rent payable by Subtenant payment to Sublandlord upon demandMortgagee. All such costs and expenses, together with interest thereon at the lesser of (i) two percent (2%) per annum above Default Rate, shall be added to the prime rate of interest that Xxxxx Fargo Bank charges its most credit worthy customers or (ii) Indebtedness and shall be secured by this Mortgage. If the maximum rate allowable under law (the “Interest Rate”) from the date principal sum of the expenditure until repaid. If Sublandlord undertakes Note or any other amount required to perform any of Subtenant’s obligations for be paid on the account of Subtenant pursuant hereto, the taking of such action shall not constitute a waiver of any of Sublandlord’s remedies. Except as expressly set forth herein, Subtenant hereby expressly waives its rights under any statute to make repairs at the expense of Sublandlord. If Sublandlord fails to perform any of its obligations Maturity Date under the Master Lease, the Master Sublease or this Sublease after expiration of applicable grace or cure periods (for purposes of this Sublease, the applicable grace period for Sublandlord’s performance of obligations hereunder shall be (x) ten (10) days following notice with respect to Sublandlord’s obligation to make any payment to Subtenant and (y) thirty (30) days following notice with respect to any other obligation hereunder), then Subtenant may, but Note shall not be obligated topaid on the Maturity Date, perform any such obligations for Sublandlord’s account, all in compliance with the applicable provisions of the Master Sublease, as applicable. All costs interest shall thereafter be computed and expenses incurred by Subtenant in performing any such act for the account of Sublandlord shall be payable by Sublandlord to Subtenant upon demand, together with interest thereon paid at the Interest Rate from the date of the expenditure until repaidDefault Rate. If Subtenant undertakes to perform any of Sublandlord’s obligations for the account of Sublandlord pursuant hereto, the taking of such action shall not constitute a waiver of any of Subtenant’s remediesLoan No. Sublandlord hereby expressly waives its rights under any statute to make repairs at the expense of Subtenant.3212525

Right to Cure Defaults. If Subtenant Upon the occurrence of any Event of Default, or if Mortgagor fails to perform make any payment or to do any act as herein required, Mortgagee may do such acts or make such payments in Mortgagor's stead, in such manner and to the extent that Mortgagee may deem necessary to protect the security hereof. Any such acts or payments by Mortgagee shall be at Mortgagee's sole discretion, may be taken without notice to or demand on Mortgagor, and will not release Mortgagor from any obligation hereunder. Mortgagee is authorized to enter upon the Mortgaged Property for such purposes, or appear in, defend or bring any action or proceeding to protect its interest in the Mortgaged Property, to cause this Mortgage to be foreclosed or to collect the Indebtedness. All such costs and expenses (including attorney fees) incurred by Mortgagee in remedying any such Event of Default, in acting or making payments in Mortgagor's stead, or in appearing in, defending or bringing any of its obligations under this Sublease after expiration the foregoing actions or proceedings, shall bear interest at the Default Rate from the date incurred by Mortgagee until the date of applicable grace or cure periods, then Sublandlord may, but shall not be obligated to, perform any such obligations for Subtenant’s accountpayment to Mortgagee. All reasonable such costs and expenses incurred by Sublandlord in performing any such act for the account of Subtenant shall be deemed Rent payable by Subtenant to Sublandlord upon demand, Mortgagee together with interest thereon calculated at the lesser of (i) two percent (2%) per annum above the prime rate of interest that Xxxxx Fargo Bank charges its most credit worthy customers or (ii) the maximum rate allowable under law (the “Interest Rate”) from the date shall be deemed to constitute a portion of the expenditure until repaid. If Sublandlord undertakes to perform any of Subtenant’s obligations for Indebtedness and be secured by this Mortgage and the account of Subtenant pursuant hereto, the taking of such action shall not constitute a waiver of any of Sublandlord’s remedies. Except as expressly set forth herein, Subtenant hereby expressly waives its rights under any statute to make repairs at the expense of Sublandlord. If Sublandlord fails to perform any of its obligations under the Master Lease, the Master Sublease or this Sublease after expiration of applicable grace or cure periods (for purposes of this Sublease, the applicable grace period for Sublandlord’s performance of obligations hereunder other Credit Facility Documents and shall be (x) ten (10) days following notice with respect to Sublandlord’s obligation to make any payment to Subtenant immediately due and (y) thirty (30) days following notice with respect to any other obligation hereunder), then Subtenant may, but shall not be obligated to, perform any such obligations for Sublandlord’s account, all in compliance with the applicable provisions of the Master Sublease, as applicable. All costs and expenses incurred payable upon demand by Subtenant in performing any such act for the account of Sublandlord shall be payable by Sublandlord to Subtenant upon demand, together with interest thereon at the Interest Rate from the date of the expenditure until repaid. If Subtenant undertakes to perform any of Sublandlord’s obligations for the account of Sublandlord pursuant hereto, the taking of such action shall not constitute a waiver of any of Subtenant’s remedies. Sublandlord hereby expressly waives its rights under any statute to make repairs at the expense of SubtenantMortgagee therefor.

Right to Cure Defaults. If Subtenant fails to perform Upon the occurrence of any of its obligations under this Sublease after expiration of applicable grace or cure periodsDefault hereunder, then Sublandlord Xxxxxx may, but at its discretion, remedy the same and for such purpose shall not have the right to enter upon the Mortgaged Property or any portion thereof without thereby becoming liable to Borrower or any person in possession thereof holding under or claiming under or through Borrower, it being understood and agreed that nothing contained in this Instrument shall in any manner obligate Lender to remedy any default hereunder. If Lender shall remedy such Default or appear in, defend, or bring any action or proceeding to protect Xxxxxx's interest in the Mortgaged Property or to foreclose this Instrument or collect the Debt, the costs and expenses thereof (including reasonable attorneys' fees to the extent permitted by law), with interest as provided in this paragraph, shall be obligated to, perform any such obligations for Subtenant’s accountpaid by Borrower to Lender upon demand. All reasonable such costs and expenses incurred by Sublandlord Lender in performing remedying such default or in appearing in, defending, or bringing any such act action or proceeding shall be paid by Borrower to Lender upon demand, with interest (calculated for the account actual number of Subtenant days elapsed on the basis of a 360-day year consisting of twelve (12) thirty (30) day months) at a rate per annum equal to 18% (the "Default Rate"), provided, however, that the Default Rate shall in no event exceed the maximum interest rate which Borrower may by law pay, for the period after notice from Lender that such costs or expenses were incurred to the date of payment to Lender. To the extent any of the aforementioned costs or expenses paid by Lender after default by Borrower shall constitute payment of (i) Taxes, charges or assessments which may be deemed Rent payable imposed by Subtenant law upon the Mortgaged Property, (ii) Premiums on insurance policies covering the Mortgaged Property, (iii) expenses incurred in preserving and protecting the lien of this Instrument, including, but not limited to, the costs and expenses of any litigation to Sublandlord collect the indebtedness secured by this Instrument or to prosecute, defend, protect or preserve the rights and the lien created by this Instrument, or (iv) any amount, cost or charge to which Lender becomes subrogated, upon demandpayment, whether under recognized principles of law or equity, or under express statutory authority; then, and in each such event, such costs, expenses and amounts, together with interest thereon at the lesser of (i) two percent (2%) per annum above the prime rate of interest that Xxxxx Fargo Bank charges its most credit worthy customers or (ii) the maximum rate allowable under law (the “Interest Default Rate”) from the date of the expenditure until repaid. If Sublandlord undertakes to perform any of Subtenant’s obligations for the account of Subtenant pursuant hereto, the taking of such action shall not constitute a waiver of any of Sublandlord’s remedies. Except as expressly set forth herein, Subtenant hereby expressly waives its rights under any statute to make repairs at the expense of Sublandlord. If Sublandlord fails to perform any of its obligations under the Master Lease, the Master Sublease or this Sublease after expiration of applicable grace or cure periods (for purposes of this Sublease, the applicable grace period for Sublandlord’s performance of obligations hereunder shall be (x) ten (10) days following notice with respect added to Sublandlord’s obligation to make any payment to Subtenant the indebtedness secured by this Instrument and (y) thirty (30) days following notice with respect to any other obligation hereunder), then Subtenant may, but shall not be obligated to, perform any such obligations for Sublandlord’s account, all in compliance with the applicable provisions of the Master Sublease, as applicable. All costs and expenses incurred by Subtenant in performing any such act for the account of Sublandlord shall be payable secured by Sublandlord to Subtenant upon demand, together with interest thereon at the Interest Rate from the date of the expenditure until repaid. If Subtenant undertakes to perform any of Sublandlord’s obligations for the account of Sublandlord pursuant hereto, the taking of such action shall not constitute a waiver of any of Subtenant’s remedies. Sublandlord hereby expressly waives its rights under any statute to make repairs at the expense of Subtenantthis Instrument.

Right to Cure Defaults. If Subtenant fails to perform any During the continuation of its obligations under this Sublease after expiration an Event of applicable grace or cure periodsDefault, then Sublandlord Lender may, but shall not be obligated towithout any obligation to do so and without notice to or demand on Borrower and/or Leasehold Pledgor and without releasing Borrower and/or Leasehold Pledgor from any obligation hereunder or being deemed to have cured any Event of Default hereunder, make, do or perform any obligation of Borrower hereunder in such obligations manner and to such extent as Lender may deem necessary. Subject to the rights of Mortgage Lender, if any, Lender is authorized to enter upon the Property for Subtenant’s accountsuch purposes, or appear in, defend, or bring any action or proceeding to protect its interest in the Property for such purposes, and the cost and expense thereof (including reasonable attorneys’ fees to the extent permitted by law), with interest as provided in this Section 8.4, shall constitute a portion of the Debt and shall be due and payable to Lender upon demand. All reasonable such costs and expenses incurred by Sublandlord Lender in performing remedying such Event of Default or such failed payment or act or in appearing in, defending, or bringing any such act action or proceeding shall bear interest at the Default Rate, for the account of Subtenant shall be deemed Rent payable by Subtenant to Sublandlord upon demand, together with interest thereon at the lesser of (i) two percent (2%) per annum above the prime rate of interest that Xxxxx Fargo Bank charges its most credit worthy customers period after such cost or (ii) the maximum rate allowable under law (the “Interest Rate”) from expense was incurred until the date of the expenditure until repaid. If Sublandlord undertakes to perform any of Subtenant’s obligations for the account of Subtenant pursuant hereto, the taking of such action shall not constitute a waiver of any of Sublandlord’s remedies. Except as expressly set forth herein, Subtenant hereby expressly waives its rights under any statute to make repairs at the expense of Sublandlord. If Sublandlord fails to perform any of its obligations under the Master Lease, the Master Sublease or this Sublease after expiration of applicable grace or cure periods (for purposes of this Sublease, the applicable grace period for Sublandlord’s performance of obligations hereunder shall be (x) ten (10) days following notice with respect to Sublandlord’s obligation to make any payment to Subtenant Lender. Upon the occurrence and (y) thirty (30) days following notice with respect to any other obligation hereunder)during the continuance of a Mortgage Loan Event of Loan Default, then Subtenant Lender may, but shall not be obligated towithout any obligation to do so and without notice to or demand on Borrower, Leasehold Pledgor, Mortgage Borrower, or Operating Company and without releasing Borrower or Leasehold Pledgor from any obligation under the Loan Documents or being deemed to have cured any Mortgage Loan Event of Default, make, do or perform any obligation of Mortgage Borrower or Operating Company under the Mortgage Loan Documents in such obligations for Sublandlord’s account, all in compliance with the applicable provisions of the Master Sublease, manner and to such extent as applicableLender may deem necessary. All such costs and expenses incurred by Subtenant Lender in performing any remedying such Mortgage Loan Event of Default or such failed payment or act shall bear interest at the Default Rate, for the account period after such cost or expense was incurred to the date of Sublandlord shall be payable payment to Lender. All such costs and expenses incurred by Sublandlord to Subtenant upon demand, Lender together with interest thereon calculated at the Interest Default Rate from the date shall be deemed to constitute a portion of the expenditure until repaid. If Subtenant undertakes Debt and be secured by the liens, claims and security interests provided to perform any of Sublandlord’s obligations for Lender under the account of Sublandlord pursuant hereto, the taking of such action Loan Documents and shall not constitute a waiver of any of Subtenant’s remedies. Sublandlord hereby expressly waives its rights under any statute to make repairs at the expense of Subtenantbe immediately due and payable upon demand by Lender therefor.

Right to Cure Defaults. If Subtenant fails to perform an Event of Default in the performance of any of its obligations under this Sublease after expiration the covenants of applicable grace or cure periodsthe Mortgagor herein occurs, then Sublandlord the Mortgagee may, but at its discretion, remedy the same and for such purpose shall not have the right to enter upon the Mortgaged Property or any portion thereof without thereby becoming liable to the Mortgagor or any person in possession thereof holding under the Mortgagor. If the Mortgagee shall remedy such an Event of Default or appear in, defend, or bring any action or proceeding to protect its interest in the Mortgaged Property or to foreclose this Mortgage or collect the Debt, the costs and expenses thereof (including reasonable attorneys’ fees to the extent permitted by law), with interest as provided in this paragraph, shall be obligated to, perform any such obligations for Subtenant’s accountpaid by the Mortgagor to the Mortgagee upon demand. All reasonable such costs and expenses incurred by Sublandlord the Mortgagee in performing remedying such Event of Default or in appearing in, defending, or bringing any such act action or proceeding shall be paid by the Mortgagor to the Mortgagee upon demand, with interest (calculated for the account actual number of Subtenant days elapsed on the basis of a 360-day year) at a rate per annum equal to 5% plus the rate of interest provided in the Note (herein referred to as the Default Rate), provided, however, that the Default Rate shall in no event exceed the maximum interest rate which the Mortgagor may by law pay, for the period after notice from the Mortgagee that such costs or expenses were incurred to the date of payment to the Mortgagee. To the extent any of the aforementioned costs or expenses paid by the Mortgagee after an Event of Default by the Mortgagor shall constitute payment of (i) taxes, charges or assessments which may be deemed Rent payable imposed by Subtenant law upon the Mortgaged Property, (ii) premiums on insurance policies covering the Mortgaged Property, (iii) expenses incurred in upholding the lien of this Mortgage, including, but not limited to, the costs and expenses of any litigation to Sublandlord collect the indebtedness secured by this Mortgage or to prosecute, defend, protect or preserve the rights and the lien created by this Mortgage, or (iv) any amount, cost or charge to which the Mortgagee becomes subrogated, upon demandpayment, whether under recognized principles of law or equity, or under express statutory authority; then, and in each such event, such costs, expenses and amounts, together with interest thereon at the lesser of (i) two percent (2%) per annum above Default Rate, shall be added to the prime rate of interest that Xxxxx Fargo Bank charges its most credit worthy customers or (ii) indebtedness secured by this Mortgage and shall be secured by this Mortgage. Notwithstanding anything to the contrary contained in this Mortgage, the maximum rate allowable under law (the “Interest Rate”) from the date amount of the expenditure until repaid. If Sublandlord undertakes to perform principal indebtedness secured by this Mortgage at execution or which under any contingency may become secured by this Mortgage is ELEVEN MILLION and 00/100 DOLLARS ($11,000,000.00), plus all amounts expended by the Mortgagee after an Event of Subtenant’s obligations for Default by the account of Subtenant pursuant heretoMortgagor, the taking of such action shall not constitute a waiver of any of Sublandlord’s remedies. Except as expressly hereinabove set forth herein, Subtenant hereby expressly waives its rights under any statute to make repairs at the expense of Sublandlord. If Sublandlord fails to perform any of its obligations under the Master Lease, the Master Sublease or this Sublease after expiration of applicable grace or cure periods (for purposes of this Sublease, the applicable grace period for Sublandlord’s performance of obligations hereunder shall be (x) ten (10) days following notice with respect to Sublandlord’s obligation to make any payment to Subtenant and (y) thirty (30) days following notice with respect to any other obligation hereunder), then Subtenant may, but shall not be obligated to, perform any such obligations for Sublandlord’s account, all in compliance with the applicable provisions of the Master Sublease, as applicable. All costs and expenses incurred by Subtenant in performing any such act for the account of Sublandlord shall be payable by Sublandlord to Subtenant upon demand, together with interest thereon at the Interest Rate from the date of the expenditure until repaid. If Subtenant undertakes to perform any of Sublandlord’s obligations for the account of Sublandlord pursuant hereto, the taking of such action shall not constitute a waiver of any of Subtenant’s remedies. Sublandlord hereby expressly waives its rights under any statute to make repairs at the expense of Subtenantparagraph.

Right to Cure Defaults. If Subtenant fails to perform default in the performance of any of its obligations under this Sublease after expiration the covenants of applicable grace or cure periodsthe Mortgagor herein occurs, then Sublandlord the Mortgagee may, but at its discretion, remedy the same and for such purpose shall not have the right to enter upon the Mortgaged Property or any portion thereof without thereby becoming liable to the Mortgagor or any person in possession thereof holding under the Mortgagor. If the Mortgagee shall remedy such a default or appear in, defend, or bring any action or proceeding to protect its interest in the Mortgaged Property or to foreclose this Mortgage or collect the Debt, the costs and expenses thereof (including reasonable attorneys’ fees to the extent permitted by law), with interest as provided in this paragraph, shall be obligated to, perform any such obligations for Subtenant’s accountsecured by this Mortgage and paid by the Mortgagor to the Mortgagee upon demand. All reasonable such costs and expenses incurred by Sublandlord the Mortgagee in performing remedying such default or in appearing in, defending, or bringing any such act action or proceeding shall be paid by the Mortgagor to the Mortgagee upon demand, with interest (calculated for the account actual number of Subtenant days elapsed on the basis of a 360-day year) at a rate per annum equal to 5% plus the rate of interest provided in the Note (herein referred to as the “Default Rate”), provided, however, that the Default Rate shall be deemed Rent payable in no event exceed the maximum interest rate which the Mortgagor may by Subtenant law pay, for the period after notice from the Mortgagee that such costs or expenses were incurred to Sublandlord the date of payment to the Mortgagee. To the extent any of the aforementioned costs or expenses paid by the Mortgagee after default by the Mortgagor shall constitute payment of (i) Taxes, (ii) premiums on insurance policies covering the Mortgaged Property, (iii) expenses incurred in upholding the lien of this Mortgage, including, but not limited to, the costs and expenses of any litigation to collect the indebtedness secured by this Mortgage or to prosecute, defend, protect or preserve the rights and the lien created by this Mortgage, or (iv) any amount, cost or charge to which the Mortgagee becomes subrogated, upon demandpayment, whether under recognized principles of law or equity, or under express statutory authority; then, and in each such event, such costs, expenses and amounts, together with interest thereon at the lesser of (i) two percent (2%) per annum above Default Rate, shall be added to the prime rate of interest that Xxxxx Fargo Bank charges its most credit worthy customers or (ii) indebtedness secured by this Mortgage and shall be secured by this Mortgage. Notwithstanding anything to the contrary contained in this Mortgage, the maximum rate allowable under law (the “Interest Rate”) from the date amount of the expenditure until repaid. If Sublandlord undertakes to perform principal indebtedness secured by this Mortgage at execution or which under any of Subtenant’s obligations for contingency may become secured by this Mortgage is ____________________ and _____/100 Dollars ($_____________), plus all amounts expended by the account of Subtenant pursuant heretoMortgagee after default by the Mortgagor, the taking of such action shall not constitute a waiver of any of Sublandlord’s remedies. Except as expressly hereinabove set forth herein, Subtenant hereby expressly waives its rights under any statute to make repairs at the expense of Sublandlord. If Sublandlord fails to perform any of its obligations under the Master Lease, the Master Sublease or in this Sublease after expiration of applicable grace or cure periods (for purposes of this Sublease, the applicable grace period for Sublandlord’s performance of obligations hereunder shall be (x) ten (10) days following notice with respect to Sublandlord’s obligation to make any payment to Subtenant and (y) thirty (30) days following notice with respect to any other obligation hereunder), then Subtenant may, but shall not be obligated to, perform any such obligations for Sublandlord’s account, all in compliance with the applicable provisions of the Master Sublease, as applicable. All costs and expenses incurred by Subtenant in performing any such act for the account of Sublandlord shall be payable by Sublandlord to Subtenant upon demand, together with interest thereon at the Interest Rate from the date of the expenditure until repaid. If Subtenant undertakes to perform any of Sublandlord’s obligations for the account of Sublandlord pursuant hereto, the taking of such action shall not constitute a waiver of any of Subtenant’s remedies. Sublandlord hereby expressly waives its rights under any statute to make repairs at the expense of Subtenantparagraph.

Right to Cure Defaults. If Subtenant fails After three (3) Business Days’ notice to perform any of its obligations under this Sublease after expiration of applicable grace or cure periodsBorrower (except in an emergency when no notice shall be required), then Sublandlord Lender may, but shall not be obligated towithout any obligation to do so and without notice to or demand on Borrower and without releasing Borrower from any obligation hereunder or being deemed to have cured any Event of Default hereunder, make, do or perform any obligation of Borrower hereunder in such obligations manner and to such extent as Lender may deem necessary. Lender is authorized to enter upon the Property for Subtenant’s accountsuch purposes, or appear in, defend, or bring any action or proceeding to protect its interest in the Property for such purposes, and the cost and expense thereof (including reasonable attorneys’ fees to the extent permitted by law), with interest as provided in this Section 8.3, shall constitute a portion of the Debt and shall be due and payable to Lender upon demand. All reasonable such costs and expenses incurred by Sublandlord Lender in performing remedying such Event of Default or such failed payment or act or in appearing in, defending, or bringing any such act action or proceeding shall bear interest at the Default Rate, for the account of Subtenant shall be deemed Rent payable by Subtenant to Sublandlord upon demand, together with interest thereon at the lesser of (i) two percent (2%) per annum above the prime rate of interest that Xxxxx Fargo Bank charges its most credit worthy customers period after such cost or (ii) the maximum rate allowable under law (the “Interest Rate”) from expense was incurred until the date of the expenditure until repaid. If Sublandlord undertakes to perform any of Subtenant’s obligations for the account of Subtenant pursuant hereto, the taking of such action shall not constitute a waiver of any of Sublandlord’s remedies. Except as expressly set forth herein, Subtenant hereby expressly waives its rights under any statute to make repairs at the expense of Sublandlord. If Sublandlord fails to perform any of its obligations under the Master Lease, the Master Sublease or this Sublease after expiration of applicable grace or cure periods (for purposes of this Sublease, the applicable grace period for Sublandlord’s performance of obligations hereunder shall be (x) ten (10) days following notice with respect to Sublandlord’s obligation to make any payment to Subtenant Lender. Upon the occurrence and (y) thirty (30) days following notice with respect to any other obligation hereunder)during the continuance of a Mortgage Loan Default, then Subtenant Lender may, but shall not be obligated towithout any obligation to do so and without notice to or demand on Borrower or Mortgage Borrower and without releasing Mortgage Borrower from any obligation under the Mortgage Loan Documents or being deemed to have cured any Mortgage Loan Default, make, do or perform any obligation of Mortgage Borrower under Mortgage Loan Documents in such obligations for Sublandlord’s account, all in compliance with the applicable provisions of the Master Sublease, manner and to such extent as applicableLender may deem necessary. All such costs and expenses incurred by Subtenant Lender in performing any remedying such Mortgage Loan Default or such failed payment or act shall bear interest at the Default Rate, for the account period after such cost or expense was incurred into the date of Sublandlord shall be payable payment to Lender. All such costs and expenses incurred by Sublandlord to Subtenant upon demand, Lender together with interest thereon calculated at the Interest Default Rate shall be deemed to constitute a portion of the Debt and be secured by the liens, claims and security interests provided to Lender under the Loan Documents and shall be immediately due and payable upon demand by Lender therefor. Upon the occurrence and during the continuance of a Mezzanine A Loan Default, Lender may, but without any obligation to do so and without notice to or demand on Borrower or Mezzanine A Borrower and without releasing Mezzanine A Borrower from any obligation under the Mezzanine A Loan Documents or being deemed to have cured any Mezzanine A Loan Default, make, do or perform any obligation of Mezzanine A Borrower under the Mezzanine A Loan Documents in such manner and to such extent as Lender may deem necessary. All such costs and expenses incurred by Lender in remedying such Mezzanine A Loan Default or such failed payment or act shall bear interest at the Default Rate, for the period after such cost or expense was incurred into the date of payment to Lender. All such costs and expenses incurred by Lender together with interest thereon calculated at the expenditure until repaid. If Subtenant undertakes Default Rate shall be deemed to perform any of Sublandlord’s obligations for the account of Sublandlord pursuant hereto, the taking of such action shall not constitute a waiver portion of any of Subtenant’s remedies. Sublandlord hereby expressly waives its rights the Debt and be secured by the liens, claims and security interests provided to Lender under any statute to make repairs at the expense of SubtenantLoan Documents and shall be immediately due and payable upon demand by Lender therefor.

Right to Cure Defaults. If Subtenant fails to perform any During the continuation of its obligations under this Sublease after expiration an Event of applicable grace or cure periodsDefault, then Sublandlord Lender may, but shall not be obligated towithout any obligation to do so and without notice to or demand on Borrower and/or Leasehold Pledgor and without releasing Borrower and/or Leasehold Pledgor from any obligation hereunder or being deemed to have cured any Event of Default hereunder, make, do or perform any obligation of Borrower hereunder in such obligations manner and to such extent as Lender may deem necessary. Subject to the rights of Mortgage Lender, if any, Lender is authorized to enter upon the Property for Subtenant’s accountsuch purposes, or appear in, defend, or bring any action or proceeding to protect its interest in the Property for such purposes, and the cost and expense thereof (including reasonable attorneys’ fees to the extent permitted by law), with interest as provided in this Section 8.4, shall constitute a portion of the Debt and shall be due and payable to Lender upon demand. All reasonable such costs and expenses incurred by Sublandlord Lender in performing remedying such Event of Default or such failed payment or act or in appearing in, defending, or bringing any such act action or proceeding shall bear interest at the Default Rate, for the account of Subtenant shall be deemed Rent payable by Subtenant to Sublandlord upon demand, together with interest thereon at the lesser of (i) two percent (2%) per annum above the prime rate of interest that Xxxxx Fargo Bank charges its most credit worthy customers period after such cost or (ii) the maximum rate allowable under law (the “Interest Rate”) from expense was incurred until the date of the expenditure until repaid. If Sublandlord undertakes to perform any of Subtenant’s obligations for the account of Subtenant pursuant hereto, the taking of such action shall not constitute a waiver of any of Sublandlord’s remedies. Except as expressly set forth herein, Subtenant hereby expressly waives its rights under any statute to make repairs at the expense of Sublandlord. If Sublandlord fails to perform any of its obligations under the Master Lease, the Master Sublease or this Sublease after expiration of applicable grace or cure periods (for purposes of this Sublease, the applicable grace period for Sublandlord’s performance of obligations hereunder shall be (x) ten (10) days following notice with respect to Sublandlord’s obligation to make any payment to Subtenant Lender. Upon the occurrence and (y) thirty (30) days following notice with respect to any other obligation hereunder)during the continuance of a Mortgage Loan Event of Loan Default, then Subtenant Lender may, but shall not be obligated towithout any obligation to do so and without notice to or demand on Borrower, Leasehold Pledgor, Senior Mezzanine Borrower, Senior Mezzanine Pledgor, Mortgage Borrower, or Operating Company and without releasing Borrower or Leasehold Pledgor from any obligation under the Loan Documents or being deemed to have cured any Mortgage Loan Event of Default, make, do or perform any obligation of Mortgage Borrower or Operating Company under the Mortgage Loan Documents in such obligations for Sublandlord’s account, all in compliance with the applicable provisions of the Master Sublease, manner and to such extent as applicableLender may deem necessary. All such costs and expenses incurred by Subtenant Lender in performing any remedying such Mortgage Loan Event of Default or such failed payment or act shall bear interest at the Default Rate, for the account period after such cost or expense was incurred to the date of Sublandlord shall be payable payment to Lender. All such costs and expenses incurred by Sublandlord to Subtenant upon demand, Lender together with interest thereon calculated at the Interest Default Rate shall be deemed to constitute a portion of the Debt and be secured by the liens, claims and security interests provided to Lender under the Loan Documents and shall be immediately due and payable upon demand by Lender therefor. Upon the occurrence and during the continuance of a Senior Mezzanine Loan Event of Default, Lender may, but without any obligation to do so and without notice to or demand on Borrower, Leasehold Pledgor, Senior Mezzanine Pledgor or Senior Mezzanine Borrower and without releasing Senior Mezzanine Borrower and/or Senior Mezzanine Pledgor from any obligation under the Senior Mezzanine Loan Documents or being deemed to have cured any Senior Mezzanine Loan Event of Default, make, do or perform any obligation of Senior Mezzanine Borrower or Senior Mezzanine Pledgor under Senior Mezzanine Loan Documents in such manner and to such extent as Lender may deem necessary. All such costs and expenses incurred by Lender in remedying such Senior Mezzanine Loan Event of Default or such failed payment or act shall bear interest at the Default Rate, for the period after such cost or expense was incurred to the date of payment to Lender. All such costs and expenses incurred by Lender together with interest thereon calculated at the expenditure until repaid. If Subtenant undertakes Default Rate shall be deemed to perform any of Sublandlord’s obligations for the account of Sublandlord pursuant hereto, the taking of such action shall not constitute a waiver portion of any of Subtenant’s remedies. Sublandlord hereby expressly waives its rights the Debt and be secured by the liens, claims and security interests provided to Lender under any statute to make repairs at the expense of SubtenantLoan Documents and shall be immediately due and payable upon demand by Lender therefor.