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<br />Page | 51 <br />4894-6811-3695v.2 0017787-000542 <br />4894-6811-3695v.2 0017787-000542 <br />17.5 Limitation on Lessor’s Termination Right. If following the delivery of notice <br />pursuant to Section 17.4, above, the default by Tenant continues and is not cured by Tenant (or any <br />Leasehold Mortgagee as allowed under Section 17.4, above), and such failure entitles County and/or <br />Agency to terminate this Lease, Lessor shall have no right to terminate this Lease unless Lessor shall <br />notify in writing each and every Leasehold Mortgagee who has complied with Section 17.3 of <br />Lessor’s intent to so terminate at least ninety (90) days in advance of the proposed effective date of <br />such termination. If any Leasehold Mortgagee, within such ninety (90) day period, (i) notifies <br />Lessor of such Leasehold Mortgagee’s desire to cure such default and initiates such cure and (ii) pays <br />or cause to be paid the amount that is necessary to cure any monetary default as stated in such notice, <br />if any, then Section 17.6 shall apply. The Lessor, at its sole discretion, may permit such additional <br />time as necessary for any Leasehold Mortgagee to commence the cure or make payment(s), as stated <br />herein. If any Leasehold Mortgagee and Limited Partner fails to respond to said notice of <br />termination within the allotted ninety (90) days as consistent with the conditions of this Section 17.5, <br />Lessor are entitled to immediately terminate this Lease. <br />17.6 Leasehold Mortgagee Foreclosure Period. If any Leasehold Mortgagee complies <br />with Section 17.5 above, then the following provisions shall apply: <br />17.6.1. If Lessor’s notice under Section 17.5 specifies only monetary Events of <br />Default as the basis for Lessor’s election to terminate this Lease, and Leasehold Mortgagee has fully <br />paid the monetary amount designated by Lessor in its notice, then such payment shall be deemed to <br />have cured the Event of Default. If Lessor’s notice under Section 17.5 specifies both monetary and <br />non-monetary Events of Default or non-monetary Events of Default as the basis for Lessor’s election <br />to terminate this Lease, and Leasehold Mortgagee has fully paid the monetary amount designated by <br />Lessor in its notice, as applicable, then the date of termination specified in Lessor’s notice shall b e <br />extended for a period of twelve (12) months, provided that such Leasehold Mortgagee shall, during <br />such twelve (12) month period: <br />(a) pay or cause to be paid all Rent under this Lease as the same becomes due <br />(subject to the notice and cure rights expressly set forth herein); and <br />(b) continue (subject to any stay as described in Section 17.6.2 below) its <br />good faith efforts to perform (and complete performance of) all of Tenant’s nonmonetary obligations <br />under this Lease that are capable of being performed by the Leasehold Mortgagee without having <br />possession of the Premises, excepting nonmonetary obligations (whether or not a default exists with <br />respect thereto) that are not then reasonably susceptible of being cured by Leasehold Mortgagee; and <br />(c) commence and pursue with reasonable diligence until completion (subject <br />to any stay as described in Section 17.6.2 below) a judicial or nonjudicial foreclosure or other <br />enforcement of remedies under its Leasehold Mortgage. <br />17.6.2. The twelve (12)-month period described in Section 17.6.1, above, shall <br />automatically be extended as long as the Leasehold Mortgagee is diligently and in good faith <br />prosecuting the judicial or nonjudicial foreclosure to completion, in the Lessor’s reasonable <br />discretion based upon evidence provided to Lessor of such good faith prosecution by the Leasehold <br />Mortgagee. In the event of a judicial or non-judicial foreclosure, the twelve (12) month period <br />described in Section 17.6.1, above, shall automatically be extended by the length of any delay caused <br />by any stay (including any automatic stay arising from any bankruptcy or insolvency proceeding <br />involving Tenant), injunction or other order arising under applicable Laws or issued by any court <br />EXHIBIT 11