OF SUCH
NOTICE, OR (II) IN THE CASE OF ANY OTHER SUCH ACT, OMISSION OR DEFAULT, UNTIL A
REASONABLE PERIOD FOR REMEDYING SUCH ACT, OMISSION OR DEFAULT SHALL HAVE ELAPSED
FOLLOWING THE GIVING OF SUCH NOTICE AND FOLLOWING THE TIME WHEN ANY SUCH HOLDER
SHALL HAVE BECOME ENTITLED UNDER ITS LEASEHOLD MORTGAGE TO REMEDY THE SAME,
INCLUDING SUCH TIME AS MAY BE NECESSARY TO ACQUIRE POSSESSION OF THE PREMISES IF
POSSESSION IS NECESSARY TO EFFECT SUCH CURE, PROVIDED ANY SUCH HOLDER WITH
REASONABLE DILIGENCE, SHALL (X) PURSUE SUCH REMEDIES AS ARE AVAILABLE TO IT
UNDER ITS LEASEHOLD MORTGAGE SO AS TO BE ABLE TO REMEDY THE ACT, OMISSION OR
DEFAULT, AND (Y) THEREAFTER SHALL HAVE COMMENCED AND CONTINUED TO REMEDY SUCH
ACT, OMISSION OR DEFAULT OR CAUSE THE SAME TO BE REMEDIED; PROVIDED, HOWEVER,
THAT THE AGREEMENTS OF TENANT CONTAINED IN THIS SECTION 17.5 SHALL BE SUBJECT TO
THE TERMS OF ANY SNDA BETWEEN TENANT AND ANY SUCH HOLDER(S).
(E)
AMENDMENTS REQUESTED BY LEASEHOLD MORTGAGEE.
IF, IN CONNECTION
WITH OBTAINING ANY FINANCING OR REFINANCING OR ANY INCREASES, RESTATEMENTS,
RENEWALS, SUPPLEMENTS, MODIFICATIONS, CONSOLIDATIONS, REPLACEMENTS,
SUBSTITUTIONS OR EXTENSIONS THEREOF, A PROSPECTIVE OR EXISTING LEASEHOLD
MORTGAGEE AND/OR HOLDER OF AN INTEREST IN ANY LOAN SECURED BY A LEASEHOLD
MORTGAGE, AS THE CASE MAY BE, SHALL REQUEST AMENDMENTS TO OR MODIFICATIONS OF
THIS LEASE AS A CONDITION TO THE SAME, TENANT SHALL PROMPTLY EXECUTE SUCH
AMENDMENTS OR MODIFICATIONS UPON DEMAND AS LONG AS (I) THE MODIFICATIONS DO NOT
AFFECT THE RENT OR THE TERM OR THE LETTER OF CREDIT AND (II) SUCH AMENDMENTS OR
MODIFICATIONS DO NOT OTHERWISE MATERIALLY INCREASE TENANT'S OBLIGATIONS OR
MATERIALLY DIMINISH TENANT'S RIGHTS HEREUNDER.
IN ADDITION, TENANT SHALL
DELIVER ANY FINANCIAL STATEMENTS OR OTHER INFORMATION REQUESTED BY LANDLORD (OR
ANY PROSPECTIVE OR EXISTING LENDER) IN ORDER TO OBTAIN SUCH FINANCING OR
REFINANCING, PROVIDED THAT TENANT SHALL NOT BE REQUIRED TO DISCLOSE ANY
NON-PUBLIC INFORMATION RELATING TO TENANT.
FURTHERMORE, TENANT SHALL CAUSE
COUNSEL REASONABLY ACCEPTABLE TO A PROSPECTIVE LEASEHOLD MORTGAGEE TO DELIVER
LEGAL OPINIONS REASONABLY REQUIRED BY SUCH PROSPECTIVE LEASEHOLD MORTGAGEE
RELATING TO THE DUE AUTHORIZATION, EXECUTION AND DELIVERY OF THIS LEASE AND ANY
AMENDMENTS
49
THERETO, THE VALIDITY AND ENFORCEABILITY OF SUCH AGREEMENTS, AND OTHER CUSTOMARY
MATTERS. LANDLORD AGREES TO PAY REASONABLE OUT-OF-POCKET COSTS AND EXPENSES OF
TENANT, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, IN EXCESS OF $15,000
INCURRED SOLELY IN CONNECTION WITH AMENDMENTS TO OR MODIFICATIONS OF THIS LEASE,
OR THE DELIVERY OF LEGAL OPINIONS, REQUESTED BY LEASEHOLD MORTGAGEE, AND TENANT
SHALL BE RESPONSIBLE FOR THE BALANCE OF SUCH COSTS AND EXPENSES.
18.
LIMITATION OF LANDLORD'S LIABILITY.
18.1
LIMITATION.
LANDLORD SHALL NOT BE RESPONSIBLE FOR OR LIABLE TO
TENANT AND TENANT HEREBY RELEASES LANDLORD, WAIVES ALL CLAIMS AGAINST LANDLORD
AND ASSUMES THE RISK FOR ANY INJURY, LOSS OR DAMAGE TO ANY PERSON OR PROPERTY IN
OR ABOUT THE PREMISES, THE BUILDING OR THE PROPERTY BY OR FROM ANY CAUSE
WHATSOEVER (OTHER THAN LANDLORD'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT)
INCLUDING, WITHOUT LIMITATION, (A) ACTS OR OMISSIONS OF PERSONS OCCUPYING