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ARTICLE 5 <br />FINANCING <br />5.1 Mortgages. Tenant's interest in this Lease, the Development Property, the <br />Improvements, or any combination thereof may be encumbered only as provided by the <br />Financing Documents and the Development Agreement. <br />5.2 Notice. If any Holder registers with Landlord its name and address in writing <br />by registered or certified mail, Landlord shall by registered or certified mail, return receipt <br />requested, addressed as registered with Landlord, give such Holder a copy of any notice or <br />other communication with respect to any claim that a default exists or is about to exist under <br />this Lease and a copy of any notice changing Landlord's address. Any notice given to a <br />Holder shall be deemed duly served when personally delivered to an officer of Holder or <br />mailed in accordance with Section 8.1 of this Lease. <br />5.3 Performance. If Tenant fails to make any payment or perform any act required <br />of Tenant under this Lease, then any Holder may (but shall not be obligated to), to the extent <br />permitted under its Mortgage, make such payment or perform such act with the same effect as <br />if made or performed by Tenant. Entry by a Holder upon the Development for such purpose <br />or partial performance of the Mortgage shall not waive or release Tenant from any obligation <br />or default under this Lease except for an obligation or default fully performed or cured by <br />Holder. <br />5.4 New Lease. <br />(a) If (i) this Lease is rejected or disaffirmed pursuant to bankruptcy <br />law or other law affecting creditor's rights, (ii) Holder gives written <br />request to Landlord not later than thirty (30) days after the effective <br />date of such rejection or disaffirmance, (iii) Holder pays to Landlord all <br />of Landlord's expenses (including reasonable attorneys' fees) incidental <br />thereto, and (iv) Holder pays all Rent accrued as of the date of rejection <br />or disaffirmance, then Landlord shall execute and deliver a new lease <br />with Holder or its nominee, purchaser, assignee or transferee, as the <br />case may be, for the remainder of the Term with the same terms as are <br />contained herein except for charges and encumbrances caused or <br />suffered by Tenant. <br />(b) Any new lease entered into pursuant to this Section 5.4 shall be superior <br />to all rights, liens and interest intervening between the date of this Lease <br />and the date of such new lease. Upon the request of the new tenant, <br />Landlord shall execute and deliver a memorandum of the new lease in <br />recordable form so that notice of the new lease may be placed of record by <br />the new tenant. <br />0 <br />