BY THE GROUND LEASE SHALL BE SURRENDERED OR THE GROUND LEASE SHALL BE
TERMINATED OR CANCELED FOR ANY REASON OR UNDER ANY CIRCUMSTANCES WHATSOEVER OR
(E) IF ANY OF THE TERMS, COVENANTS OR CONDITIONS OF THE GROUND LEASE SHALL IN
ANY MANNER BE MODIFIED, CHANGED, SUPPLEMENTED, ALTERED, OR AMENDED WITHOUT THE
CONSENT OF LENDER EXCEPT AS OTHERWISE PERMITTED BY THIS AGREEMENT;
(XVI)
IF BORROWER SHALL PERMIT ANY EVENT WITHIN ITS CONTROL TO OCCUR THAT
WOULD CAUSE ANY MATERIAL (AS TO USE OR VALUE) REA TO TERMINATE WITHOUT NOTICE OR
ACTION BY ANY PARTY THERETO OR WOULD ENTITLE ANY PARTY TO TERMINATE ANY REA AND
THE TERM THEREOF BY GIVING NOTICE TO BORROWER; OR ANY MATERIAL (AS TO USE OR
VALUE) REA SHALL BE SURRENDERED, TERMINATED, OR CANCELED FOR ANY REASON OR UNDER
ANY CIRCUMSTANCE WHATSOEVER; OR ANY TERM OF A MATERIAL (AS TO USE OR VALUE) REA
SHALL BE MATERIALLY MODIFIED OR SUPPLEMENTED WITHOUT LENDER'S PRIOR WRITTEN
CONSENT; OR BORROWER SHALL FAIL, WITHIN TEN (10) BUSINESS DAYS AFTER WRITTEN
DEMAND BY LENDER, TO EXERCISE ITS OPTION TO RENEW OR EXTEND THE TERM OF ANY
MATERIAL (AS TO USE OR VALUE) REA OR SHALL FAIL OR NEGLECT TO PURSUE DILIGENTLY
ALL ACTIONS NECESSARY TO EXERCISE (IF THEN EXERCISABLE) SUCH RENEWAL RIGHTS
PURSUANT TO SUCH REA;
82
(XVII)
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.
(B)
UPON THE OCCURRENCE OF AN EVENT OF DEFAULT (OTHER THAN AN EVENT OF
DEFAULT DESCRIBED IN CLAUSES (VI), (VII) OR (VIII) ABOVE) AND AT ANY TIME
THEREAFTER LENDER MAY, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO
IT PURSUANT TO THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS OR AT LAW OR IN
EQUITY, LENDER MAY TAKE SUCH ACTION, WITHOUT NOTICE OR DEMAND, THAT LENDER DEEMS
ADVISABLE TO PROTECT AND ENFORCE ITS RIGHTS AGAINST BORROWER AND THE PROPERTY,
INCLUDING, WITHOUT LIMITATION, DECLARING THE DEBT TO BE IMMEDIATELY DUE AND
PAYABLE, AND LENDER MAY ENFORCE OR AVAIL ITSELF OF ANY OR ALL RIGHTS OR REMEDIES
PROVIDED IN THE LOAN DOCUMENTS AGAINST BORROWER AND ANY OR ALL OF THE PROPERTY,
INCLUDING, WITHOUT LIMITATION, ALL RIGHTS OR REMEDIES AVAILABLE AT LAW OR IN
EQUITY; AND UPON ANY EVENT OF DEFAULT DESCRIBED IN CLAUSES (VI), (VII) OR (VIII)
ABOVE, THE DEBT AND OTHER OBLIGATIONS OF BORROWER HEREUNDER AND UNDER THE OTHER
LOAN DOCUMENTS SHALL IMMEDIATELY AND AUTOMATICALLY BECOME DUE AND PAYABLE,
WITHOUT NOTICE OR DEMAND, AND BORROWER HEREBY EXPRESSLY WAIVES ANY SUCH NOTICE
OR DEMAND, ANYTHING CONTAINED HEREIN OR IN ANY OTHER LOAN DOCUMENT TO THE
CONTRARY NOTWITHSTANDING.
SECTION 8.2
REMEDIES. (A)
UPON THE OCCURRENCE OF AN EVENT OF
DEFAULT,