OF THE CONDOMINIUM UNIT AS REQUIRED
PURSUANT TO ARTICLE X HEREOF,
115
AND TENANT SHALL FAIL TO REMEDY THE SAME WITHIN SEVEN (7) BUSINESS DAYS AFTER
LANDLORD SHALL HAVE GIVEN TENANT A FIRST DEFAULT NOTICE; OR
(C)
WHENEVER TENANT SHALL DO, OR PERMIT ANYTHING TO BE DONE, WHETHER BY
ACTION OR INACTION, CONTRARY TO ANY OF TENANT'S OBLIGATIONS UNDER THIS LEASE
(EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 14.2), AND TENANT SHALL FAIL TO
REMEDY THE SAME WITHIN THIRTY (30) DAYS AFTER LANDLORD SHALL HAVE GIVEN TENANT A
FIRST DEFAULT NOTICE, UNLESS THE REMEDYING THEREOF REQUIRES WORK TO BE DONE,
ACTION TO BE TAKEN, OR CONDITIONS TO BE SATISFIED, WHICH CANNOT, BY THEIR
NATURE, REASONABLY BE PERFORMED, DONE OR SATISFIED BY TENANT WITHIN SUCH 30-DAY
PERIOD (IT BEING AGREED THAT LANDLORD MAY, AT A COMMERCIALLY-REASONABLE COST (TO
BE PAID BY TENANT), RETAIN A DISINTERESTED, THIRD-PARTY CONSULTANT TO OVERSEE
THE ACTION TO BE TAKEN TO CURE THE UNDERLYING DEFAULT BY TENANT OR TENANT'S
DESIGNEES DURING SUCH EXTENDED PERIOD, AND TO ADVISE LANDLORD AS TO THE
NECESSITY OF AND DILIGENT PROSECUTION OF SUCH ACTIONS DURING SUCH EXTENSION;
WHILE SUCH CONSULTANT'S ADVICE TO LANDLORD SHALL NOT BE BINDING ON TENANT, IT IS
UNDERSTOOD THAT SUCH ADVICE MAY BE RELIED UPON BY LANDLORD IN LANDLORD'S
DETERMINATION OF THE REASONABLENESS AND DURATION OF ANY EXTENSION UNDER THIS
SECTION 14.2(C)), IN WHICH CASE NO EVENT OF DEFAULT SHALL BE DEEMED TO EXIST AS
LONG AS TENANT, WITHIN SUCH 30-DAY PERIOD, HAS COMMENCED AND THEREAFTER
DILIGENTLY AND CONTINUOUSLY PROSECUTES TO COMPLETION ALL STEPS NECESSARY TO
REMEDY THE SAME; OR
(D)
IF ANY OF THE REPRESENTATIONS MADE BY TENANT IN
SECTION 30.1(A) HEREOF ARE PROVEN TO HAVE BEEN FALSE OR INCORRECT IN ANY
MATERIAL RESPECT AS OF THE DATE MADE AND IF, WITHIN THIRTY (30) DAYS AFTER
TENANT'S RECEIPT OF A FIRST DEFAULT NOTICE IN RESPECT THERETO, TENANT FAILS TO
RECTIFY THE STATE OF FACTS GIVING RISE TO SUCH FALSE OR INCORRECT
REPRESENTATION, PROVIDED THAT NO EVENT OF DEFAULT SHALL BE DEEMED TO EXIST
(I) IF SUCH A STATE OF FACTS CANNOT, BY ITS NATURE, REASONABLY BE RECTIFIED
WITHIN SUCH THIRTY 30-DAY PERIOD, SO LONG AS TENANT HAS COMMENCED RECTIFYING
SUCH STATE OF FACTS WITHIN SUCH THIRTY 30-DAY PERIOD AND SHALL BE DILIGENTLY AND
CONTINUOUSLY PROCEEDING TO RECTIFY SUCH STATE OF FACTS OR (II) IF THE ONLY LOSS
OR DAMAGE LANDLORD HAS SUSTAINED OR INCURRED CAN BE CURED BY THE PAYMENT OF A
SUM OF MONEY AND TENANT HAS MADE SUCH PAYMENT; OR
(E)
WHENEVER AN INVOLUNTARY PETITION SHALL BE FILED AGAINST TENANT
UNDER ANY BANKRUPTCY OR INSOLVENCY LAW OR UNDER THE REORGANIZATION PROVISIONS OF
ANY LAW OF LIKE IMPORT, OR A RECEIVER OF TENANT OR OF OR FOR THE PROPERTY OF
TENANT SHALL BE APPOINTED WITHOUT THE ACQUIESCENCE OF TENANT, OR WHENEVER THIS
LEASE OR THE ESTATE HEREBY GRANTED OR THE UNEXPIRED BALANCE OF THIS LEASE WOULD,
BY OPERATION OF LAW OR OTHERWISE, EXCEPT FOR THIS PROVISION, DEVOLVE UPON OR
PASS TO ANY PERSON OTHER THAN