FORTH HEREIN
WHICH SPECIFICALLY CONTAINS A NOTICE REQUIREMENT OR GRACE PERIOD, IF BORROWER
SHALL BE IN DEFAULT UNDER SUCH TERM, COVENANT OR CONDITION AFTER THE GIVING OF
SUCH NOTICE OR THE EXPIRATION OF SUCH GRACE PERIOD;
(XI)
IF ANY OF THE ASSUMPTIONS CONTAINED IN THE INSOLVENCY OPINION
DELIVERED TO LENDER IN CONNECTION WITH THE LOAN, OR IN ANY ADDITIONAL INSOLVENCY
OPINION DELIVERED SUBSEQUENT TO THE CLOSING OF THE LOAN, IS OR SHALL BECOME
UNTRUE IN ANY MATERIAL RESPECT;
(XII)
[INTENTIONALLY OMITTED];
(XIII)
IF BORROWER SHALL CONTINUE TO BE IN DEFAULT UNDER ANY OF THE TERMS,
COVENANTS OR CONDITIONS OF SECTION 9.1 HEREOF (UNLESS BORROWER IS UNABLE TO
SATISFY SUCH TERM, COVENANTS OR CONDITIONS DUE TO CIRCUMSTANCES BEYOND ITS
CONTROL, SUCH AS THE UNAVAILABILITY OF INFORMATION REQUESTED BY LENDER), OR
81
WILLFULLY FAILS TO COOPERATE WITH LENDER IN CONNECTION WITH A SECURITIZATION
PURSUANT TO THE PROVISIONS OF SECTION 9.1 HEREOF, FOR FIVE (5) BUSINESS DAYS
AFTER NOTICE TO BORROWER FROM LENDER;
(XIV)
IF BORROWER SHALL CONTINUE TO BE IN DEFAULT UNDER ANY OF THE OTHER
TERMS, COVENANTS OR CONDITIONS OF THIS AGREEMENT NOT SPECIFIED IN
SUBSECTIONS (I) TO (XII) ABOVE, FOR TEN (10) DAYS AFTER NOTICE TO BORROWER FROM
LENDER, IN THE CASE OF ANY DEFAULT WHICH CAN BE CURED BY THE PAYMENT OF A SUM OF
MONEY, OR FOR THIRTY (30) DAYS AFTER NOTICE FROM LENDER IN THE CASE OF ANY OTHER
DEFAULT; PROVIDED, HOWEVER, THAT IF SUCH NON-MONETARY DEFAULT IS SUSCEPTIBLE OF
CURE BUT CANNOT REASONABLY BE CURED WITHIN SUCH THIRTY (30) DAY PERIOD AND
PROVIDED FURTHER THAT BORROWER SHALL HAVE COMMENCED TO CURE SUCH DEFAULT WITHIN
SUCH THIRTY (30) DAY PERIOD AND THEREAFTER DILIGENTLY AND EXPEDITIOUSLY PROCEEDS
TO CURE THE SAME, SUCH THIRTY (30) DAY PERIOD SHALL BE EXTENDED FOR SUCH TIME AS
IS REASONABLY NECESSARY FOR BORROWER IN THE EXERCISE OF DUE DILIGENCE TO CURE
SUCH DEFAULT, SUCH ADDITIONAL PERIOD NOT TO EXCEED ONE HUNDRED EIGHTY
(180)
DAYS;
(XV)
IF (A) BORROWER SHALL FAIL IN THE PAYMENT OF ANY RENT, ADDITIONAL
RENT OR OTHER CHARGE MENTIONED IN OR MADE PAYABLE BY THE GROUND LEASE AS AND
WHEN SUCH RENT OR OTHER CHARGE IS DUE AND PAYABLE, SUBJECT TO ANY SPECIFIC GRACE
PERIODS
(UNLESS WAIVED BY THE LANDLORD UNDER THE GROUND LEASE), (B) THERE SHALL
OCCUR ANY DEFAULT (AFTER THE EXPIRATION OF ANY NOTICE AND CURE PERIODS CONTAINED
THEREIN) BY BORROWER, UNDER THE GROUND LEASE OR THE DEVELOPMENT AGREEMENT, IN
THE OBSERVANCE OR PERFORMANCE OF ANY TERM, COVENANT OR CONDITION OF THE GROUND
LEASE (UNLESS WAIVED BY THE LANDLORD UNDER THE GROUND LEASE), (C) IF ANY ONE OR
MORE OF THE EVENTS REFERRED TO IN THE GROUND LEASE SHALL OCCUR WHICH WOULD CAUSE
THE GROUND LEASE TO TERMINATE WITHOUT NOTICE OR ACTION BY THE LANDLORD UNDER THE
GROUND LEASE OR WHICH WOULD ENTITLE THE LANDLORD TO TERMINATE THE GROUND LEASE
AND THE TERM THEREOF BY GIVING NOTICE TO BORROWER, AS TENANT THEREUNDER (UNLESS
WAIVED BY THE LANDLORD UNDER THE GROUND LEASE), (D) IF THE LEASEHOLD ESTATE
CREATED