EXPIRATION OF SUCH GRACE PERIOD;
(XI)
IF A DEFAULT EXISTS BEYOND ANY APPLICABLE NOTICE AND CURE PERIOD
UNDER ANY TENANTS-IN-COMMON AGREEMENT TO THE EXTENT SUCH DEFAULT CAN, IN
LENDER'S REASONABLE DETERMINATION, RESULT IN A TERMINATION OF SUCH
TENANTS-IN-COMMON AGREEMENT OR A LIEN ON ANY INTEREST IN THE PROPERTY;
(XII)
IF BORROWER SHALL CONTINUE TO BE IN DEFAULT UNDER ANY OF THE
OTHER TERMS, COVENANTS OR CONDITIONS OF THIS AGREEMENT NOT SPECIFIED IN
SUBSECTIONS (I) TO (XI) ABOVE, FOR TEN (10) DAYS AFTER NOTICE TO BORROWER FROM
LENDER, IN THE CASE OF ANY DEFAULT WHICH CAN BE CURED BY THE PAYMENT OF A SUM OF
MONEY, OR FOR THIRTY (30) DAYS AFTER NOTICE FROM LENDER IN THE CASE OF ANY OTHER
DEFAULT; PROVIDED, HOWEVER, THAT IF SUCH NON-MONETARY DEFAULT IS SUSCEPTIBLE OF
CURE BUT CANNOT REASONABLY BE CURED WITHIN SUCH 30-DAY PERIOD AND PROVIDED
FURTHER THAT BORROWER SHALL HAVE COMMENCED TO CURE SUCH DEFAULT WITHIN SUCH
30-DAY PERIOD AND THEREAFTER DILIGENTLY AND EXPEDITIOUSLY PROCEEDS TO CURE THE
SAME, SUCH 30-DAY PERIOD SHALL BE EXTENDED FOR SUCH TIME AS IS REASONABLY
NECESSARY FOR BORROWER IN THE EXERCISE OF DUE DILIGENCE TO CURE SUCH DEFAULT,
SUCH ADDITIONAL PERIOD NOT TO EXCEED ONE HUNDRED EIGHTY (180) DAYS;
(XIII)
IF THERE SHALL BE DEFAULT UNDER ANY OF THE OTHER LOAN DOCUMENTS
BEYOND ANY APPLICABLE CURE PERIODS CONTAINED IN SUCH DOCUMENTS, WHETHER AS TO
BORROWER OR THE PROPERTY, OR IF ANY OTHER SUCH EVENT SHALL OCCUR OR CONDITION
SHALL EXIST, IF THE EFFECT OF SUCH EVENT OR CONDITION IS TO ACCELERATE THE
MATURITY OF ANY PORTION OF THE DEBT OR TO PERMIT LENDER TO ACCELERATE THE
MATURITY OF ALL OR ANY PORTION OF THE DEBT;
(XIV)
ANY PERSON COMPRISING BORROWER OR OTHERWISE OWNING AN INTEREST IN
THE PROPERTY FILES ANY PARTITION ACTION AFFECTING THE PROPERTY, WHICH ACTION IS
NOT DISMISSED WITHIN SIXTY (60) DAYS; OR
(XV)
IF ANY OF THE ASSUMPTIONS CONTAINED IN ANY SUBSTANTIVE
NON-CONSOLIDATION OPINION DELIVERED IN CONNECTION HEREWITH, INSOLVENCY OPINION
OR ADDITIONAL INSOLVENCY OPINION ARE OR SHALL BECOME UNTRUE IN ANY MATERIAL
RESPECT.
Notwithstanding anything herein to the contrary, in the event that Borrower is
comprised of more than one Person owning the Property as tenants in common and
an Event of Default shall occur pursuant to clauses (iv), (vi), (vii), (xi) or
(xiv) above which is not caused by the action of any Borrower that is an
Affiliate of Sponsor and such Event of Default shall cease to exist as a result
of a transfer by the defaulting Borrower to one or more other Borrowers or an
Affiliate of
81
Behringer Harvard Funds made in accordance with the provisions of Section 5.2.13
hereof, such transfer shall be permitted and Lender shall accept a cure of such
Event of Default effective as of the date of such transfer provided that (a)
Borrower notifies Lender of its intention to effect such cure within 15 days
after the occurrence of the related Event of Default, (b) the transfer is
completed within 60 days after