AND AGREEMENTS REQUIRED TO BE PERFORMED AND/OR OBSERVED BY THE OTHER
PARTY UNDER EACH MATERIAL AGREEMENT TO WHICH IT IS A PARTY IN A COMMERCIALLY
REASONABLE MANNER.
4.1.13
PERFORMANCE BY BORROWER.
BORROWER SHALL IN A TIMELY MANNER OBSERVE,
PERFORM AND FULFILL EACH AND EVERY COVENANT, TERM AND PROVISION OF EACH LOAN
DOCUMENT EXECUTED AND DELIVERED BY BORROWER, AND SHALL NOT ENTER INTO OR
OTHERWISE SUFFER OR PERMIT ANY AMENDMENT, WAIVER, SUPPLEMENT, TERMINATION OR
OTHER MODIFICATION OF ANY LOAN DOCUMENT EXECUTED AND DELIVERED BY BORROWER
WITHOUT THE PRIOR CONSENT OF LENDER.
4.1.14
COSTS OF ENFORCEMENT/REMEDYING DEFAULTS.
IN THE EVENT (A) THAT THE
MORTGAGE IS FORECLOSED IN WHOLE OR IN PART OR THE NOTE OR ANY OTHER LOAN
DOCUMENT IS PUT INTO THE HANDS OF AN ATTORNEY FOR COLLECTION, SUIT, ACTION OR
FORECLOSURE, (B) OF THE FORECLOSURE OF ANY LIEN OR MORTGAGE PRIOR TO OR
SUBSEQUENT TO THE MORTGAGE IN WHICH PROCEEDING LENDER IS MADE A PARTY, (C) OF
THE BANKRUPTCY, INSOLVENCY, REHABILITATION OR OTHER SIMILAR PROCEEDING IN
RESPECT OF BORROWER OR GUARANTOR OR AN ASSIGNMENT BY BORROWER OR GUARANTOR FOR
THE BENEFIT OF ITS CREDITORS, OR (D) LENDER SHALL REMEDY OR ATTEMPT TO REMEDY
ANY EVENT OF DEFAULT HEREUNDER, BORROWER SHALL BE CHARGEABLE WITH AND AGREES TO
PAY ALL COSTS INCURRED BY LENDER AS A RESULT THEREOF, INCLUDING COSTS OF
COLLECTION AND DEFENSE (INCLUDING REASONABLE ATTORNEYS', EXPERTS', CONSULTANTS'
AND WITNESSES' FEES AND DISBURSEMENTS) IN CONNECTION THEREWITH AND IN CONNECTION
WITH ANY APPELLATE PROCEEDING OR POST-JUDGMENT ACTION INVOLVED THEREIN, WHICH
SHALL BE DUE AND PAYABLE ON DEMAND, TOGETHER WITH INTEREST THEREON FROM THE DATE
INCURRED BY LENDER AT THE DEFAULT RATE, AND TOGETHER WITH ALL REQUIRED SERVICE
OR USE TAXES.
4.1.15
BUSINESS AND OPERATIONS.
BORROWER WILL CONTINUE TO ENGAGE IN THE
BUSINESSES CURRENTLY CONDUCTED BY IT AS AND TO THE EXTENT THE SAME ARE NECESSARY
FOR THE OWNERSHIP AND LEASING OF THE PROPERTY. BORROWER WILL QUALIFY TO DO
BUSINESS AND WILL REMAIN IN GOOD STANDING UNDER THE LAWS OF EACH JURISDICTION AS
AND TO THE EXTENT THE SAME ARE REQUIRED FOR THE OWNERSHIP AND LEASING OF THE
RELATED PROPERTY. BORROWER SHALL AT ALL TIMES CAUSE THE PROPERTY TO BE
MAINTAINED AS AN OFFICE BUILDING WITH RELATED RETAIL FACILITIES AND OTHER
AMENITIES.
4.1.16
LOAN FEES.
BORROWER SHALL PAY ALL FEES AND COSTS REQUIRED OF
BORROWER PURSUANT TO THE TERMS OF THAT CERTAIN TERM SHEET BETWEEN BEACON CAPITAL
STRATEGIC PARTNERS IV ACQUISITION, LLC AND LENDER DATED JULY 26, 2006.
4.1.17
O&M PROGRAM.
BORROWER WILL COMPLY WITH ALL EXISTING (IF ANY) AND
FUTURE OPERATIONS AND MAINTENANCE PROGRAMS RELATED TO ASBESTOS AND ASBESTOS
CONTAINING MATERIALS AND WILL MAINTAIN SUCH PROGRAMS AS ARE REASONABLY NECESSARY
AT THE PROPERTY.
4.1.18
INTENTIONALLY OMITTED.
4.1.19
AIR RIGHTS LEASE. THE BORROWER HEREBY COVENANTS AND AGREES WITH
LENDER WITH RESPECT TO THE AIR RIGHTS LEASE AS FOLLOWS:
(A)
FEE BORROWER SHALL, AT ITS SOLE COST AND EXPENSE, PROMPTLY AND
TIMELY PERFORM AND OBSERVE ALL MATERIAL TERMS, COVENANTS AND CONDITIONS REQUIRED
TO BE PERFORMED AND OBSERVED BY FEE BORROWER IN ITS CAPACITY AS