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GTP Site ID: FL-5586
<br /> GTP Site Name: Vero Beach
<br /> Global Tower agrees that no lien or mortgage will attach to the real property under this license as County
<br /> owned real estate cannot become subject to a lien by law.
<br /> 23 . NOTICE/RIGHTS TO CURE. Supplementing the provisions of Section 22 hereof.
<br /> The Global Tower shall have the right from time to time to mortgage or otherwise encumber Global
<br /> Tower' s interest in this License; provided, however, in no event shall there be more than one such mortgage or
<br /> encumbrance outstanding at any one time. If Global Tower shall so mortgage (each a "Mortgage") Global
<br /> Tower' s interest in this License to a lender (such lender, and any successor, assign, designee or nominee of such
<br /> lender, hereinafter a "Lender"), Global Tower or such Lender shall give the County prompt notice of such
<br /> Mortgage and furnish the County with a complete and correct copy of such Mortgage, certified as such by
<br /> Global Tower or such Lender, together with the name and address of such Lender. After receipt of the
<br /> foregoing, the County shall give to such Lender, at the address of such Lender set forth in such notice, and
<br /> otherwise in the manner provided by Section 26 of this License, a copy of each notice of default hereunder at
<br /> the same time as, and whenever, any such notice of default shall thereafter be given by the County to the Global
<br /> Tower, and no such notice of default by the County shall be deemed to have been duly given to the Global
<br /> Tower unless and until a copy thereof shall have been so given to Lender. Notices to Lender under this Section
<br /> 23 shall be deemed given on the date received by Lender. Lender (i) shall thereupon have a period of ninety
<br /> (90) days more than given to the Global Tower in each instance in the case of a default in the payment of rent
<br /> and in the case of any other default, for remedying the default or causing the same to be remedied ; provided,
<br /> however, if any non-rent default is not capable of remedy by Lender within such ninety (90) day period, Lender
<br /> shall have such ninety (90) day period to commence curing the default and such greater period of time as is
<br /> necessary to complete same with due diligence, and (ii) shall , within such periods and otherwise as herein
<br /> provided, have the right to remedy such default or cause the same to be remedied . The County shall accept
<br /> performance by a Lender of any covenant, condition or agreement on the Global Tower' s part to be performed
<br /> hereunder with the same force and effect as though performed by the Global Tower. Notwithstanding anything
<br /> to the contrary contained herein, if the default is of such a nature that it cannot be cured by Lender (for example,
<br /> the bankruptcy of the Global Tower), such event shall not be a default under this License.
<br /> Notwithstanding any of the provisions of this License to the contrary, no default by the Global
<br /> Tower shall be deemed to exist as long as Lender within the periods set forth in paragraph (a) above shall have
<br /> delivered to the County its written agreement to take the action described in clause (i) or (ii)
<br /> herein and
<br /> thereafter, in good faith, shall have commenced promptly either ( 1 ) to cure the default and to prosecute the same
<br /> to completion, or (2) if possession of the Premises is required in order to cure the default, to institute foreclosure
<br /> proceedings and obtain possession directly or through a receiver, and to prosecute such proceedings with
<br /> diligence and continuity and, upon obtaining such possession, commence promptly to cure the default and to
<br /> prosecute the same to completion with diligence and continuity, provided that during the period in which such
<br /> action is being taken (and any foreclosure proceedings are pending), all of the other obligations of the Global
<br /> Tower under this License, to the extent they are reasonably susceptible to being performed by Lender, are being
<br /> performed. However, at any time after the delivery of the aforementioned agreement, Lender may notify the
<br /> County, in writing, that it has relinquished possession of the Premises or that it will not institute foreclosure
<br /> proceedings or, if such proceedings have been commenced, that it has discontinued or will discontinue them,
<br /> and in such event, Lender shall have no further liability under such agreement from and after the date it delivers
<br /> such notice to the County, and, thereupon, the County shall have the unrestricted right to terminate this License
<br /> and to take any other action it deems appropriate by reason of any default, and upon any such termination the
<br /> provisions of Section 24 below shall apply. Notwithstanding anything to the contrary contained herein,
<br /> provided such Lender shall have otherwise complied with the provisions of this Section 23 , such Lender shall
<br /> have no obligation to cure any defaults which are not susceptible to being cured by such Lender.
<br /> Except as provided in Section 23 (a) above, no Lender shall become liable under the provisions of
<br /> this License or any License executed pursuant to Section 24 hereof unless and until such time as it becomes, and
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