SUCH FAILURE, AND SUCH FAILURE REMAINS UNCURED FOR FIVE (5) DAYS FROM THE DATE
ON WHICH NOTICE OF SUCH FAILURE IS GIVEN BY LANDLORD, BUT LANDLORD SHALL NOT BE
OBLIGATED TO GIVE NOTICE OF, OR ALLOW ANY CURE PERIOD FOR, ANY SUCH DEFAULT MORE
THAN TWO (2) TIMES WITHIN ANY LEASE YEAR OR (B) ANY OTHER MONETARY OBLIGATION
DUE UNDER THIS LEASE ON OR PRIOR TO ITS DUE DATE, REGARDLESS OF THE REASON FOR
SUCH FAILURE AND SUCH FAILURE REMAINS UNCURED FOR TWENTY (20) DAYS FROM THE DATE
ON WHICH NOTICE OF SUCH FAILURE IS GIVEN BY LANDLORD;
(II)
A FAILURE BY TENANT DULY TO PERFORM AND
OBSERVE, OR A VIOLATION OR BREACH OF, ANY OTHER PROVISION HEREOF NOT OTHERWISE
SPECIFICALLY MENTIONED IN THIS PARAGRAPH 22(A) OR A FAILURE BY TENANT TO
MAINTAIN IN EFFECT ANY LICENSE OR PERMIT NECESSARY FOR
43
THE USE, OCCUPANCY OR OPERATION OF THE LEASED PREMISES AND, IN ANY SUCH CASE,
SUCH FAILURE CONTINUES UNCURED FOR THIRTY (30) DAYS FROM THE DATE ON WHICH
NOTICE THEREOF IS GIVEN BY LANDLORD; PROVIDED THAT, IF THE DEFAULT IS OF AN
NATURE THAT IT IS NOT REASONABLY SUSCEPTIBLE TO CURE WITHIN SUCH THIRTY (30) DAY
PERIOD THEN THE CURE PERIOD SHALL BE EXTENDED FOR THE PERIOD REASONABLY REQUIRED
TO CURE THE DEFAULT (BUT SUCH CURE PERIOD, INCLUDING ANY EXTENSION, SHALL NOT IN
THE AGGREGATE EXCEED ANY OUTSIDE CURE DATE SET FORTH IN ANY LOAN, PROVIDED SAME
SHALL IN NO EVENT BE LESS THAN NINETY (90) DAYS PLUS EXTENSION BY REASON OF
FORCE MAJEURE), PROVIDED THAT TENANT SHALL PROMPTLY COMMENCE TO CURE THE DEFAULT
WITHIN THE SAID THIRTY (30) DAY PERIOD AND THEREAFTER SHALL CONTINUOUSLY (TO THE
EXTENT FEASIBLE), ACTIVELY, DILIGENTLY AND IN GOOD FAITH PROCEED WITH THE CURING
OF SUCH DEFAULT UNTIL IT SHALL BE CURED;
(III)
ANY REPRESENTATION OR WARRANTY MADE BY
TENANT HEREIN OR IN ANY CERTIFICATE, DEMAND OR REQUEST MADE PURSUANT HERETO NOW
OR HEREAFTER PROVES TO HAVE BEEN INCORRECT WHEN MADE, IN ANY MATERIAL RESPECT,
OR TENANT SHALL FAIL TO MAINTAIN ITS STATUS AS A SINGLE-PURPOSE, BANKRUPTCY
REMOTE ENTITY IN ACCORDANCE WITH THE TERMS OF ITS OPERATING AGREEMENT AND/OR ITS
ARTICLES OF ORGANIZATION AS IN EFFECT ON THE DATE OF THIS LEASE; AND ANY SUCH
INCORRECTNESS OR FAILURE REMAINS UNCURED FOR FIVE (5) DAYS FROM THE DATE ON
WHICH NOTICE THEREOF IS GIVEN BY LANDLORD;
(IV)
INTENTIONALLY OMITTED;
(V)
INTENTIONALLY OMITTED;
(VI)
INTENTIONALLY OMITTED;
(VII)
TENANT SHALL CAUSE OR PERMIT ANY DEFAULT BEYOND
THE EXPIRATION OF ANY APPLICABLE NOTICE AND CURE PERIOD TO OCCUR UNDER ANY OF
THE SEVERANCE LEASE, THE CONDOMINIUM DOCUMENTS OR THE SECURITY DOCUMENTS;
(VIII)
TENANT SHALL (A) VOLUNTARILY BE ADJUDICATED A
BANKRUPT OR INSOLVENT, (B) SEEK OR CONSENT TO THE APPOINTMENT OF A RECEIVER OR
TRUSTEE FOR ITSELF OR FOR THE LEASED PREMISES, (C) FILE A PETITION SEEKING
RELIEF UNDER THE BANKRUPTCY OR OTHER SIMILAR LAWS OF THE UNITED STATES, ANY
STATE OR ANY JURISDICTION, (D) MAKE A GENERAL ASSIGNMENT FOR THE BENEFIT OF
CREDITORS, OR (E) BE UNABLE