GIVE A COPY OF SUCH NOTICE TO THE GUARANTOR.
TRS1, TRS2, TRS3, PR LANDLORD OR JM LANDLORD, AS APPLICABLE, SHALL ACCEPT ANY
CURE OF SUCH DEFAULT BY THE GUARANTOR PROVIDED SUCH CURE IS COMPLETED WITHIN THE
APPLICABLE CURE PERIOD UNDER THE APPLICABLE GUARANTEED AGREEMENT.
4.
UNENFORCEABILITY OF GUARANTEED
OBLIGATIONS, ETC. IF THE MANAGERS, PR TENANT OR (WHEN THE JM LEASE BECOMES
EFFECTIVE) JM TENANT ARE FOR ANY REASON UNDER NO LEGAL OBLIGATION TO DISCHARGE
ANY OF THE GUARANTEED OBLIGATIONS, OR IF ANY OTHER MONEYS INCLUDED IN THE
GUARANTEED OBLIGATIONS HAVE BECOME UNRECOVERABLE FROM THE MANAGERS, PR TENANT OR
(WHEN THE JM LEASE BECOMES EFFECTIVE) JM TENANT BY OPERATION OF LAW OR FOR ANY
OTHER REASON, INCLUDING, WITHOUT LIMITATION, THE INVALIDITY OR IRREGULARITY IN
WHOLE OR IN PART OF ANY GUARANTEED OBLIGATION OR OF ANY GUARANTEED AGREEMENT OR
ANY LIMITATION ON THE LIABILITY OF THE MANAGERS, PR TENANT OR (WHEN THE JM LEASE
BECOMES EFFECTIVE) JM TENANT THEREUNDER OR ANY LIMITATION ON THE METHOD OR TERMS
OF PAYMENT THEREUNDER WHICH MAY NOW OR HEREAFTER BE CAUSED OR IMPOSED IN ANY
MANNER WHATSOEVER, THE GUARANTEES CONTAINED IN THIS AGREEMENT SHALL NEVERTHELESS
REMAIN IN FULL FORCE AND EFFECT IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN
AND SHALL BE BINDING UPON THE GUARANTOR TO THE SAME EXTENT AS IF THE GUARANTOR
AT ALL TIMES HAD BEEN THE PRINCIPAL DEBTOR AND OBLIGOR ON ALL SUCH GUARANTEED
OBLIGATIONS.
5.
ADDITIONAL GUARANTEES. THIS AGREEMENT
SHALL BE IN ADDITION TO ANY OTHER GUARANTEE OR OTHER SECURITY FOR THE GUARANTEED
OBLIGATIONS AND IT SHALL NOT BE PREJUDICED OR RENDERED UNENFORCEABLE BY THE
INVALIDITY OF ANY SUCH OTHER GUARANTEE OR SECURITY OR BY ANY WAIVER, AMENDMENT,
RELEASE OR MODIFICATION THEREOF.
6.
CONSENTS AND WAIVERS, ETC. THE GUARANTOR
HEREBY ACKNOWLEDGES RECEIPT OF CORRECT AND COMPLETE COPIES OF EACH OF THE
GUARANTEED AGREEMENTS
11
AND CONSENTS TO ALL OF THE TERMS AND PROVISIONS THEREOF, AS THE SAME MAY BE FROM
TIME TO TIME HEREAFTER AMENDED OR CHANGED IN ACCORDANCE THEREWITH, AND WAIVES,
TO THE EXTENT THE GUARANTOR LAWFULLY MAY DO SO, (A) PRESENTMENT, DEMAND FOR
PAYMENT, AND PROTEST OF NONPAYMENT, OF ANY OF THE GUARANTEED OBLIGATIONS, (B)
NOTICE OF ACCEPTANCE OF THIS AGREEMENT AND OF DILIGENCE, PRESENTMENT, DEMAND AND
PROTEST, (C) NOTICE OF ANY DEFAULT HEREUNDER AND ANY DEFAULT, BREACH OR
NONPERFORMANCE UNDER THE GUARANTEED AGREEMENTS OR A MANAGER EVENT OF DEFAULT OR
MANAGER DEFAULT UNDER ANY MANAGEMENT AGREEMENT OR AN EVENT OF DEFAULT UNDER THE
PR LEASE OR JM LEASE EXCEPT AS EXPRESSLY PROVIDED IN SECTION 3, (D) NOTICE OF
THE TERMS, TIME AND PLACE OF ANY PRIVATE OR PUBLIC SALE OF COLLATERAL HELD AS
SECURITY FOR THE GUARANTEED OBLIGATIONS, (E) DEMAND FOR PERFORMANCE OR
OBSERVANCE OF, AND ANY ENFORCEMENT OF ANY PROVISION OF, OR ANY PURSUIT OR
EXHAUSTION OF RIGHTS OR REMEDIES AGAINST THE MANAGERS, OR PR TENANT, JM TENANT
OR ANY OTHER GUARANTOR OF THE GUARANTEED OBLIGATIONS, UNDER OR PURSUANT TO THE
GUARANTEED AGREEMENTS, OR ANY AGREEMENT DIRECTLY OR INDIRECTLY RELATING THERETO
AND ANY REQUIREMENTS OF DILIGENCE