THE
DEFAULT RATE.
UPON DEMAND BY AGENT, EACH OF THE LENDERS SHALL PROMPTLY ADVANCE
TO AGENT IN IMMEDIATELY AVAILABLE FUNDS ITS RATABLE PORTION OF THE FUNDS
EXPENDED BY AGENT IN CURING SUCH EVENT OF DEFAULT (OR DEFAULT), TOGETHER WITH
INTEREST THEREON AT THE DEFAULT RATE FROM THE DATE OF AGENT'S PAYMENT THROUGH
THE DATE PRIOR TO THE DATE ON WHICH SUCH ADVANCE IS RECEIVED BY AGENT.
(G)
AGENT MAY TERMINATE OR RESCIND ANY PROCEEDING OR OTHER ACTION
BROUGHT IN CONNECTION WITH ITS EXERCISE OF THE REMEDIES PROVIDED IN THIS SECTION
AT ANY TIME BEFORE THE CONCLUSION THEREOF, AS DETERMINED IN AGENT'S SOLE
DISCRETION AND WITHOUT PREJUDICE TO LENDERS.
SECTION 10.02
POWER OF ATTORNEY.
DURING THE CONTINUANCE OF AN EVENT
OF DEFAULT (OR EFFECTIVE AT ANY TIME WITH RESPECT TO THE RIGHT OF AGENT TO
EXECUTE AND FILE ANY UNIFORM COMMERCIAL CODE FINANCING STATEMENTS REASONABLY
NECESSARY OR ADVISABLE TO ACCOMPLISH THE PURPOSES OF ANY PROJECT LOAN DOCUMENT),
BORROWER HEREBY IRREVOCABLY CONSTITUTES AND APPOINTS (AND HEREBY CAUSES THE
MEMBERS TO HEREBY IRREVOCABLY CONSTITUTE AND APPOINT) AGENT ITS (OR THEIR) TRUE
AND LAWFUL ATTORNEY-IN-FACT, WITH FULL POWER OF SUBSTITUTION, TO EXECUTE,
ACKNOWLEDGE AND DELIVER ANY INSTRUMENTS AND DO AND PERFORM
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ANY ACTS WHICH ARE REFERRED TO IN THIS AGREEMENT OR IN THE GROUND LEASE OR ANY
SEVERANCE SUBLEASE (INCLUDING, WITHOUT LIMITATION, THOSE REFERRED TO IN SECTION
10.01(B) HEREOF), IN THE NAME AND ON BEHALF OF BORROWER (AND/OR THE MEMBERS).
THE POWER VESTED IN SUCH ATTORNEY-IN-FACT IS, AND SHALL BE DEEMED TO BE, COUPLED
WITH AN INTEREST AND IRREVOCABLE.
SECTION 10.03
REMEDIES CUMULATIVE.
DURING THE CONTINUANCE OF ANY
EVENT OF DEFAULT, THE RIGHTS, POWERS AND PRIVILEGES PROVIDED IN THIS ARTICLE 10
AND ALL OTHER REMEDIES AVAILABLE TO AGENT UNDER THIS AGREEMENT OR UNDER ANY OF
THE OTHER PROJECT LOAN DOCUMENTS OR AT LAW OR IN EQUITY MAY BE EXERCISED BY
AGENT AT ANY TIME AND FROM TIME TO TIME AND SHALL NOT CONSTITUTE A WAIVER OF
AGENT'S OTHER RIGHTS OR REMEDIES THEREUNDER, WHETHER OR NOT THE PROJECT LOAN
SHALL BE DUE AND PAYABLE, AND WHETHER OR NOT AGENT SHALL HAVE INSTITUTED ANY
FORECLOSURE PROCEEDINGS OR OTHER ACTION FOR THE ENFORCEMENT OF ITS RIGHTS UNDER
THE PROJECT LOAN DOCUMENTS.
THE EXERCISE OR BEGINNING OF THE EXERCISE BY AGENT
OF ANY ONE OR MORE OF THE RIGHTS, POWERS OR REMEDIES PROVIDED FOR IN THIS
AGREEMENT OR THE OTHER PROJECT LOAN DOCUMENTS OR NOW OR HEREAFTER EXISTING AT
LAW OR IN EQUITY OR BY STATUTE OR OTHERWISE SHALL NOT PRECLUDE THE SIMULTANEOUS
OR LATER EXERCISE BY AGENT OF ALL SUCH OTHER RIGHTS, POWERS OR REMEDIES, AND NO
FAILURE OR DELAY ON THE PART OF AGENT TO EXERCISE ANY SUCH RIGHT, POWER OR
REMEDY SHALL OPERATE AS A WAIVER THEREOF.
AGENT MAY, AT ITS OPTION, EXERCISE
ANY RIGHT OR REMEDY WITH RESPECT TO LESS THAN ALL OF THE COLLATERAL PLEDGED BY
THE SECURITY DOCUMENTS, LEAVING UNEXERCISED ITS RIGHTS WITH RESPECT TO THE
REMAINDER THEREOF, AND SUCH PARTIAL EXERCISE SHALL IN NO WAY RESTRICT OR
JEOPARDIZE AGENT'S