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the City, which consent shall not be unreasonably withheld, whether or not <br />Leasehold Mortgagee has cured all defaults that it can cure under the terms of <br />this lease in accordance with the provisions of this Section. If Leasehold <br />Mortgagee acquires the leasehold estate by foreclosure, it shall acquire all of <br />Lessee's leasehold estate, subject to all of the terms and provisions of this lease. <br />8. In case of default by Lessee in performance or observance of any term, <br />covenant, condition or agreement on Lessee's part to be performed under this <br />lease, other than a term, covenant, condition or agreement requiring the <br />payment of a sum of money, if such default is of such a nature that the same <br />cannot practicably be cured by Leasehold Mortgagee without taking possession <br />of the premises or if such default is of such a nature that the same cannot be <br />cured by Leasehold Mortgagee, and provided City shall not be subject to any <br />criminal liability, the City shall not serve a notice of election to terminate this <br />leasehold estate of Lessee hereunder by reason of such default, if and so long <br />as: <br />a. In the case of a default which cannot be practicably cured by Leasehold <br />Mortgagee without taking possession of the premises, Leasehold <br />Mortgagee shall deliver to City, prior to the date on which City would <br />be entitled to give notice of election or to commence proceedings to <br />terminate this lease, a written instrument wherein said Leasehold <br />Mortgagee unconditionally guarantees to City that it will cure such <br />default and agrees that, if this lease thereafter shall be terminated prior <br />to the curing of such default, Leasehold Mortgagee shall pay to City the <br />cost of curing such default; <br />b. In the case of a default which cannot be practicably cured by Leasehold <br />Mortgagee without taking possession of the premises, Leasehold <br />Mortgagee shall proceed diligently to take possession of the premises as <br />mortgagee (through [ I] the appointment of a receiver, [21 foreclosure, <br />or [3] acquisition or assignment in lieu of foreclosure) and, upon <br />obtaining possession, shall promptly commence and duly prosecute to <br />completion such action as may be necessary to cure such default; and <br />C. In the case of a default which cannot be cured by Leasehold Mortgagee, <br />Leasehold Mortgagee shall promptly institute and diligently prosecute to <br />completion foreclosure proceedings under the Leasehold Mortgage, <br />unless, in the meantime, Leasehold Mortgagee shall acquire Lessee's <br />estate hereunder, either in its own name or through a nominee, by <br />assignment in lieu of foreclosure. <br />9. Leasehold Mortgagee shall not be required to continue to proceed to obtain <br />possession or to continue in possession, of the premises pursuant to Subparagraph 8 <br />(b) above or to continue to prosecute foreclosure proceedings pursuant to <br />NM <br />