FOR PURPOSES OF THIS SUBSECTION (C) SHALL NOT BE DEEMED TO INCLUDE
A COLLATERAL ASSIGNMENT BY TENANT OF, OR GRANT OF A SECURITY INTEREST BY TENANT
IN TENANT'S EXCLUDED PROPERTY TO A THIRD PARTY LENDER, IF THE COLLATERAL
ASSIGNMENT OR GRANT OF SECURITY INTEREST IS BEING GRANTED BY TENANT IN THE
ORDINARY COURSE OF OBTAINING FINANCING FOR THE DAY-TO-DAY OPERATION OF TENANT'S
BUSINESS AT THE LEASED PREMISES).
(D)
THE FILING OF A PETITION AGAINST TENANT AS A
DEBTOR PURSUANT TO ANY INVOLUNTARY BANKRUPTCY PROCEEDINGS, AND SUCH PETITION IS
NOT DISMISSED WITHIN SIXTY (60) DAYS OF FILING.
(E)
THE TAKING OF CONTROL OF TENANT OR ITS
ASSETS BY A COURT OF COMPETENT JURISDICTION PURSUANT TO PROCEEDINGS BROUGHT
UNDER THE PROVISIONS OF ANY FEDERAL REORGANIZATION ACT.
(F)
THE APPOINTMENT OF A RECEIVER OR A TRUSTEE,
BY A COURT OF COMPETENT JURISDICTION, OR TENANT'S VOLUNTARY ASSIGNMENT TO ITS
CREDITORS IN LIEU THEREOF, FOR ALL OR SUBSTANTIALLY ALL OF TENANT'S ASSETS USED
OR TO BE USED WITH RESPECT TO TENANT'S BUSINESS AT THE LEASED PREMISES.
(G)
THE FAILURE BY TENANT TO OBTAIN, MAINTAIN,
AND KEEP IN FORCE AT ALL TIMES DURING THE TERM OF THIS LEASE AGREEMENT THE
INSURANCE COVERAGES THAT TENANT IS REQUIRED TO OBTAIN, MAINTAIN AND KEEP IN
FORCE PURSUANT TO ARTICLE XV ABOVE.
(H)
EXCEPT FOR DE-OCCUPATIONS AS CONTEMPLATED IN
SECTION 205(D) ABOVE, ABANDONMENT OR VACATION OF ALL OR ANY SUBSTANTIAL PART OF
THE LEASED PREMISES BY TENANT FOR A PERIOD OF MORE THAN NINETY (90) CONSECUTIVE
DAYS WITHOUT THE PRIOR WRITTEN CONSENT OF THE AUTHORITY; PROVIDED, HOWEVER,
THAT, SUBJECT TO ARTICLE XVI ABOVE, IF CESSATION OF OR FAILURE TO USE THE LEASED
PREMISES IS CAUSED BY REASON OF WAR, STRIKES, EMBARGOES, RIOTS, CIVIL COMMOTION,
ACTS OF PUBLIC ENEMIES, EARTHQUAKES OR OTHER NATURAL DISASTERS, OR ACTION OF THE
ELEMENTS, THIS LEASE SHALL NONETHELESS TERMINATE ON THE NINETIETH (90TH) DAY
AFTER TENANT VACATES THE LEASED PREMISES, BUT SUCH VACATION SHALL NOT BE DEEMED
TO BE AN EVENT OF DEFAULT UNDER THIS SUBSECTION (H).
(I)
THE RESCISSION, TERMINATION, EXPIRATION,
ALTERATION OR AMENDMENT OF THE LETTER OF CREDIT (EXCEPT AS PERMITTED UNDER
SECTION 1201 OR 1202 ABOVE).
(J)
IF TENANT IS HEREAFTER PERMITTED UNDER
SECTION 1202 TO TERMINATE THE LETTER OF CREDIT, BUT TENANT THEREAFTER BECOMES
OBLIGATED TO REINSTATE THE LETTER OF CREDIT UNDER SECTION 1202, AND TENANT FAILS
TO SO REINSTATE THE LETTER OF CREDIT AS REQUIRED UNDER SECTION 1202 WITHIN THE
SIXTY (60) DAY PERIOD DESCRIBED IN SECTION 1202.
(K)
IF THE GUARANTY IS IN PLACE PURSUANT TO
SECTION 1202, THE BREACH BY THE PARENT OF ITS OBLIGATIONS UNDER THE GUARANTY.
(L)
THE FAILURE BY TENANT TO OBSERVE AND PERFORM
ANY COVENANT, CONDITION OR AGREEMENT ON ITS PART TO BE OBSERVED OR PERFORMED
PURSUANT TO THIS LEASE AGREEMENT (OTHER THAN THOSE SECTIONS REFERRED TO IN
SUBSECTIONS (A) THROUGH (K) ABOVE) FOR A PERIOD OF THIRTY (30) DAYS AFTER
WRITTEN NOTICE TO TENANT SPECIFYING SUCH FAILURE AND REQUESTING THAT IT BE
REMEDIED, GIVEN TO
84
TENANT BY THE AUTHORITY UNLESS THE AUTHORITY