IN CONNECTION WITH ANY
EXISTING OR PROPOSED FINANCING OF THE LEASED PROPERTY, AND (II) EXECUTE AND/OR
CAUSE THE MANAGER TO EXECUTE, AS APPLICABLE, SUCH ESTOPPEL AGREEMENTS AND
COLLATERAL ASSIGNMENTS WITH RESPECT TO THE FACILITY'S LIQUOR LICENSE, THE
MANAGEMENT AGREEMENT, ANY FRANCHISE AGREEMENT AND ANY OF THE OTHER
AFOREMENTIONED AGREEMENTS AS HOLDER MAY REASONABLY REQUEST IN CONNECTION WITH
ANY SUCH FINANCING, PROVIDED THAT NO SUCH ESTOPPEL AGREEMENT OR COLLATERAL
ASSIGNMENT SHALL IN ANY WAY AFFECT THE TERM OR AFFECT ADVERSELY IN ANY MATERIAL
RESPECT ANY RIGHTS OF LESSEE UNDER THIS LEASE.
(C)
NO ACT OR FAILURE TO ACT ON THE PART OF
LESSOR WHICH WOULD ENTITLE LESSEE UNDER THE TERMS OF THIS LEASE, OR BY LAW, TO
BE RELIEVED OF ANY OF LESSEE'S OBLIGATIONS HEREUNDER (INCLUDING, WITHOUT
LIMITATION, ITS OBLIGATION TO PAY RENT) OR TO TERMINATE THIS LEASE, SHALL RESULT
IN A RELEASE OR TERMINATION OF SUCH OBLIGATIONS OF LESSEE OR A TERMINATION OF
THIS LEASE UNLESS:
(I) LESSEE SHALL HAVE FIRST GIVEN WRITTEN NOTICE OF LESSOR'S
ACT OR FAILURE TO ACT TO ANY HOLDER OF WHOM LESSEE HAS BEEN GIVEN WRITTEN NOTICE
OF SUCH HOLDER'S STATUS AS A HOLDER, SPECIFYING THE ACT OR FAILURE TO ACT ON THE
PART OF LESSOR WHICH WOULD GIVE BASIS TO LESSEE'S RIGHTS; AND (II) THE HOLDER,
AFTER RECEIPT OF SUCH NOTICE, SHALL HAVE FAILED OR REFUSED TO CORRECT OR CURE
THE CONDITION COMPLAINED OF WITHIN A REASONABLE TIME THEREAFTER (IN NO EVENT
LESS THAN SIXTY (60) DAYS), WHICH SHALL INCLUDE A REASONABLE TIME FOR SUCH
HOLDER TO OBTAIN POSSESSION OF THE LEASED PROPERTY, IF POSSESSION IS REASONABLY
NECESSARY FOR THE HOLDER TO CORRECT OR CURE THE CONDITION, OR TO FORECLOSE SUCH
MORTGAGE, AND IF THE HOLDER NOTIFIES THE LESSEE OF ITS INTENTION TO TAKE
POSSESSION OF THE LEASED PROPERTY OR TO FORECLOSE SUCH MORTGAGE, AND CORRECT OR
CURE SUCH CONDITION.
IF SUCH HOLDER IS PROHIBITED BY ANY PROCESS OR INJUNCTION
ISSUED BY ANY COURT OR BY REASON OF ANY ACTION BY ANY COURT HAVING JURISDICTION
OR ANY BANKRUPTCY, DEBTOR REHABILITATION OR INSOLVENCY PROCEEDINGS INVOLVING
LESSOR FROM COMMENCING OR PROSECUTING FORECLOSURE OR OTHER APPROPRIATE
PROCEEDINGS IN THE NATURE THEREOF, PROVIDED, HOWEVER, THAT THIS LEASE SHALL
CONTINUE TO BE IN FULL FORCE AND EFFECT, THE TIMES FOR COMMENCING OR PROSECUTING
SUCH FORECLOSURE OR OTHER PROCEEDINGS SHALL BE EXTENDED FOR THE PERIOD OF SUCH
PROHIBITION.
(D)
LESSEE SHALL DELIVER BY NOTICE DELIVERED IN
THE MANNER PROVIDED IN ARTICLE XXIX TO ANY HOLDER WHO GIVES LESSEE WRITTEN
NOTICE OF ITS STATUS AS A HOLDER, AT SUCH HOLDER'S ADDRESS STATED IN THE
HOLDER'S WRITTEN NOTICE OR AT SUCH OTHER ADDRESS AS THE HOLDER MAY DESIGNATE BY
LATER WRITTEN NOTICE TO LESSEE, A DUPLICATE COPY OF ANY AND ALL NOTICES
REGARDING ANY DEFAULT WHICH LESSEE MAY FROM TIME TO TIME GIVE OR SERVE UPON
LESSOR PURSUANT TO THE PROVISIONS OF THIS LEASE.
COPIES OF SUCH NOTICES GIVEN
BY LESSEE TO LESSOR SHALL BE DELIVERED TO SUCH HOLDER SIMULTANEOUSLY WITH
DELIVERY TO LESSOR.
NO SUCH NOTICE BY LESSEE TO LESSOR HEREUNDER