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<br />Page | 42 <br />9138-126780\1512539.3 <br />Tenant under this Lease or a matter as to which Lessor may predicate or claim a default, will <br />promptly deliver a copy of such notice to each Leasehold Mortgagee. Each notice or demand <br />required to be given by Lessor to a Leasehold Mortgagee under this Lease shall be in writing and <br />shall be given by certified or registered mail, postage prepaid, return receipt requested, to such <br />Leasehold Mortgagee at the address(es) provided by such Leasehold Mortgagee, as applicable, to <br />Lessor from time to time in writing and shall be effective upon receipt (or refusal to accept receipt). <br />No notice or demand given by Lessor to Tenant shall be effective until the duplicate copy of such <br />notice or demand to the Tenant shall have been effectively given to each Leasehold Mortgagee in <br />accordance with this Lease. From and after the date such notice has been given to any Leasehold <br />Mortgagee, such Leasehold Mortgagee shall have the same cure period for such default (or act or <br />omission which is the subject matter of such notice) that is provided to Tenant under this Lease or as <br />otherwise agreed upon by Agency and the Tenant, to commence and/or complete a cure of such <br />default (or act or omission which is the subject matter of such notice). Lessor s hall accept any and <br />all performance by or on behalf of any Leasehold Mortgagee(s), including by any receiver obtained <br />by any Leasehold Mortgagee(s), as if the same had been done by Tenant. Tenant authorizes each <br />Leasehold Mortgagee to take any such action at such Leasehold Mortgagee’s option, and hereby <br />authorizes any Leasehold Mortgagee (or any receiver or agent) to enter upon the Premises for such <br />purpose. <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 Agency to <br />terminate this Lease, Lessor shall have no right to terminate this Lease unless Lessor shall notify in <br />writing each and every Leasehold Mortgagee who has complied with Section 17.3 of Lessor’s intent <br />to so terminate at least sixty (60) days in advance of the proposed effective date of such termination. <br />If any Leasehold Mortgagee, within such sixty (60) day period, (i) notifies Lessor of such Leasehold <br />Mortgagee’s desire to cure such default and initiates such cure and (ii) pays or cause to be paid the <br />amount that is necessary to cure any monetary default as stated in such notice, if any, then Section <br />17.6 shall apply. The Lessor, at its sole discretion, may permit such additional time as necessary for <br />any Leasehold Mortgagee to commence the cure or make payment(s), as stated herein. If any <br />Leasehold Mortgagee fails to respond to said notice of termination within the allotted sixty (60) days <br />as consistent with the conditions of this Section 17.5, Lessor are entitled to immediately terminate <br />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 be <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 <br />becomes due (subject to the notice and cure rights expressly set forth herein); and <br />EXHIBIT 5