ACCEPTS THE PROJECT IN THE CONDITION DESCRIBED
THEREIN.
31.
TENANT'S REMEDIES/LIMITATION OF LIABILITY. LANDLORD SHALL NOT BE
IN DEFAULT HEREUNDER UNLESS LANDLORD FAILS TO PERFORM ANY OF ITS OBLIGATIONS
HEREUNDER WITHIN THIRTY (30) DAYS AFTER WRITTEN NOTICE FROM TENANT SPECIFYING
SUCH FAILURE (UNLESS SUCH PERFORMANCE WILL, DUE TO THE NATURE OF THE OBLIGATION,
REQUIRE A PERIOD OF TIME IN EXCESS OF THIRTY (30) DAYS, THEN AFTER SUCH PERIOD
OF TIME AS IS REASONABLY NECESSARY). UPON ANY DEFAULT BY LANDLORD, TENANT SHALL
GIVE NOTICE BY REGISTERED OR CERTIFIED MAIL TO ANY HOLDER OF A MORTGAGE COVERING
THE PREMISES AND TO ANY LANDLORD OF ANY LEASE OF PROPERTY IN OR ON WHICH THE
PREMISES ARE LOCATED AND TENANT SHALL OFFER SUCH HOLDER AND/OR LANDLORD A PERIOD
OF SIXTY (60) DAYS TO CURE THE DEFAULT (UNLESS SUCH PERFORMANCE WILL, DUE TO THE
NATURE OF THE OBLIGATION, REQUIRE A PERIOD OF TIME IN EXCESS OF SIXTY (60) DAYS,
IN WHICH CASE SUCH HOLDER AND/OR LANDLORD SHALL HAVE SUCH PERIOD OF TIME AS IS
REASONABLY NECESSARY TO EFFECT A CURE PROVIDED THAT HOLDER AND/OR LANDLORD IS
DILIGENT IN ATTEMPTING TO EFFECT SUCH CURE), INCLUDING TIME TO OBTAIN POSSESSION
OF THE PROJECT, WHETHER BY POWER OF SALE, JUDICIAL ACTION OR OTHER LEGAL MEANS
REASONABLY AVAILABLE TO SUCH HOLDER, TO THE EXTENT SUCH MEANS ARE NECESSARY TO
EFFECT A CURE; PROVIDED LANDLORD SHALL HAVE FURNISHED TO TENANT IN WRITING THE
NAMES AND ADDRESSES OF ALL SUCH PERSONS WHO ARE TO RECEIVE SUCH NOTICES. ALL
OBLIGATIONS OF LANDLORD HEREUNDER SHALL BE CONSTRUED AS COVENANTS, NOT
CONDITIONS; AND, EXCEPT AS MAY BE OTHERWISE EXPRESSLY PROVIDED IN THIS LEASE,
TENANT MAY NOT TERMINATE THIS LEASE FOR BREACH OF LANDLORD'S OBLIGATIONS
HEREUNDER.
Notwithstanding the foregoing, if any claimed Landlord default hereunder
(regardless of the cure period set forth in the first sentence of this Section
31), will immediately, materially and adversely affect Tenant's ability to
conduct its business in the Premises (a "Material Landlord Default"), Tenant
shall, as soon as reasonably possible, but in any event within two (2) business
days of obtaining knowledge of such claimed Material Landlord Default, give
Landlord written notice of such claim and telephonic notice to Tenant's
principal contact with Landlord. Such written notice shall specifically state in
bold face type that Tenant claims that a "Material Landlord Default" has
occurred. Landlord shall then have two (2) business days to commence cure of
such claimed Material Landlord Default and shall diligently prosecute such cure
to completion. If such claimed Material Landlord Default is not a default by
Landlord hereunder, or if Tenant failed to give Landlord the notice required
hereunder within two (2) business days of learning of the conditions giving rise
to the claimed Material Landlord Default, Landlord shall be entitled to recover
from Tenant, as Additional Rent, any costs incurred by Landlord in connection
with such cure in excess of the costs, if any, that Landlord would otherwise
have been liable to pay hereunder. If Landlord fails to commence cure of any
claimed Material