Common use of Right to Perform Clause in Contracts

Right to Perform. If Tenant shall fail to pay any Taxes or Rent or make any other payment required to be made under this Lease or shall default in the performance of any other Obligations of Tenant herein contained, Landlord, without being under any obligation to do so and without thereby waiving such default, may make such payment and/or remedy such other default for the account and at the expense of Tenant, (a) immediately and without notice in the case of any failure to pay any Taxes or any other amount due a third party, if such failure would result in the creation of a lien on the Landlord’s interest in the Demised Premises or any part thereof or any loss or impairment of Landlord’s estate hereunder or in and to the Demised Premises or any failure to perform any of Tenant’s Obligations hereunder which creates an emergency situation, or, (b) in any other case, if Tenant shall fail to make such payment or remedy such default within the applicable period of notice and/or grace, if any, provided in Section 15.02 hereof. Bills for any expenses incurred by Landlord in connection therewith, and bills for all costs, expenses and disbursements of every kind and nature whatsoever, including counsel fees, involved in collection or endeavoring to collect any Rent or other sums due hereunder, or any part thereof, or involved in enforcing or endeavoring to enforce any right against Tenant under or in connection with this Lease, any Sublease or pursuant to law, including any such cost, expense and disbursement involved in instituting and prosecuting summary proceedings, as well as bills for any Demised Premises, material, labor or services provided, furnished or rendered, or caused to be, by Landlord to Tenant, with respect to the Demised Premises or equipment used in connection therewith (together with interest at the Interest Rate, from the respective dates of Landlord’s making of each such payment or incurring of each such cost or expense), may be sent by Landlord to Tenant monthly, or immediately, at Landlord’s option, and shall be due and payable in accordance with the terms of said bills and if not paid when due the amount thereof shall immediately become due and payable as additional rent under this Lease.

Right to Perform. If Tenant shall fail to pay any Taxes or Rent Imposition or make any other payment required to be made under this Lease or shall default in the performance of any other Obligations of Tenant covenant, agreement, term, provision or condition herein contained, Landlord, without being under any obligation to do so and without thereby waiving such failure or default, may make such payment and/or or remedy such other default for the account and at the expense of Tenant, (a) immediately and without notice in the case of any failure to pay any Taxes emergency, or any other amount due a third party, if such failure would result in the creation of a lien on the Landlord’s interest in the Demised Premises or any part thereof or any loss or impairment of Landlord’s estate hereunder or in and to the Demised Premises or any failure to perform any of Tenant’s Obligations hereunder which creates an emergency situation, or, (b) in any other case, if case provided Tenant shall fail to make such payment or remedy such default within the applicable grace period of notice and/or grace, if any, provided specified in Section 15.02 hereof17.1 after Landlord shall have notified Tenant of such failure or default. Bills for any expenses expense incurred by Landlord in connection therewith, and bills for all costs, expenses and disbursements of every kind and nature whatsoevernature, including counsel feesincluding, without limitation, reasonable attorneys' fees and expenses, involved in collection or endeavoring to collect any Rent or other sums due hereunder, or any part thereof, or involved in enforcing or endeavoring to enforce any right against Tenant Tenant, under or in connection with this Lease, any Sublease or pursuant to law, including including, without limitation, any such costcosts, expense expenses and disbursement disbursements involved in instituting and prosecuting summary proceedings, as well as bills for any Demised Premisesproperty, material, labor or services provided, furnished or rendered, or caused to bebe furnished or rendered, by Landlord to Tenant, Tenant with respect to the Demised Premises or and other equipment used in connection therewith and construction work done for the account of Tenant (together with interest at the Interest Rate, Rate from the respective dates of Landlord’s 's making of each such payment or incurring of each such cost or expense), may be sent by Landlord to Tenant monthly, or immediately, at Landlord’s 's option, and shall be due and payable in accordance with the terms of said such bills and if not paid when due the amount thereof shall immediately become due and payable as additional rent Additional Rent under this Lease.

Right to Perform. If Tenant shall fail to pay any Taxes or sum of money, ---------------- other than Rent or make any other payment and Additional Rent required to be made under this Lease paid by it hereunder, or shall default in the performance of fail to perform any other Obligations of Tenant herein containedact on its part to be performed hereunder, and such failure shall continue for ten (10) days after notice thereof by Landlord, without being under any obligation Landlord may, but shall not be obligated so to do so do, and without thereby waiving such defaultor releasing Tenant from any obligations of Tenant, may make such payment and/or remedy or perform any such other default for act on Tenant's part to be made or performed as provided in this Lease. Any sums paid by Landlord hereunder shall be immediately due and payable by Tenant to Landlord and Landlord shall have (in addition to any other right or remedy of Landlord) the account same rights and at remedies in the expense event of Tenant, (a) immediately and without notice the nonpayment of sums due under this Section as in the case of default by Tenant in the payment of Rent. If Landlord defaults in its obligations under this Lease, and such failure shall continue for fifteen (15) days after notice thereof by Tenant (provided such fifteen (15) day period shall be extended if such default is not curable within fifteen (15) days and Landlord commences such cure within fifteen (15) days and thereafter diligently and continuously pursues such cure), Tenant may, but shall not be obligated so to do, and without waiving or releasing Landlord from any failure to pay any Taxes or any other amount due obligations of Landlord, five (5) business days after providing Landlord with a third partysecond written notice, if such failure would result in the creation of a lien on the Landlord’s interest in the Demised Premises or any part thereof or any loss or impairment of Landlord’s estate hereunder or in and to the Demised Premises or any failure Landlord to perform any of Tenant’s Obligations hereunder which creates an emergency situationcontinues, or, (b) in any other case, if Tenant shall fail to make such payment or remedy perform any such default within the applicable period of notice and/or grace, if any, other act on Landlord's part to be made or performed as provided in Section 15.02 hereofthis Lease. Bills for any expenses incurred Any sums paid by Landlord in connection therewith, and bills for all costs, expenses and disbursements of every kind and nature whatsoever, including counsel fees, involved in collection or endeavoring to collect any Rent or other sums due Tenant hereunder, or any part thereofplus interest accrued at the rate set forth in Section 37(f) below, or involved in enforcing or endeavoring to enforce any right against Tenant under or in connection with this Lease, any Sublease or pursuant to law, including any such cost, expense shall be immediately due and disbursement involved in instituting and prosecuting summary proceedings, as well as bills for any Demised Premises, material, labor or services provided, furnished or rendered, or caused to be, payable by Landlord to Tenant, with respect or if Landlord fails to pay such amounts on demand, Tenant may deduct the Demised Premises or equipment used in connection therewith (together with interest at the Interest Rate, amount so expended by Tenant from the respective dates next due installments of Landlord’s making of each such payment or incurring of each such cost or expense), may be sent by Landlord to Tenant monthly, or immediately, at Landlord’s option, Rent and shall be due and payable in accordance with the terms of said bills and if not paid when due the amount thereof shall immediately become due and payable as additional rent under this LeaseAdditional Rent hereunder.

Right to Perform. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant’s sole cost and expense and without any abatement of Rent and Additional Charges. If Tenant shall fail to pay any Taxes or sum of money, other than Rent or make any other payment and Additional Charges, required to be made under this Lease paid by it hereunder or shall default fail to perform any other act on its part to be performed hereunder, and such failure shall continue for twenty (20) days after receipt of written notice thereof from Landlord, then Landlord shall provide Tenant with a second written notice to Tenant outlining the failure to perform. If such failure shall continue for ten (10) business days after Tenant’s receipt of Landlord’s second notice (except in the performance event of any other Obligations of Tenant herein containedemergency, Landlordwere either life or property is under immediate threat), without being under any obligation then Landlord may, but shall not be obligated to do so so, and without thereby waiving such default, may make such payment and/or remedy such other default for the account and at the expense or releasing Tenant from any obligations of Tenant, make any such payment or perform any such act on Tenant’s part to be made or performed as provided in this Lease. All sums so paid by Landlord and all necessary incidental costs together with interest thereon at the maximum rate permitted by law, from the date of such payment by Landlord shall be payable as Additional Charges to Landlord on demand. All covenants and agreements to be performed by Landlord under any of the terms of this Lease shall be performed by Landlord at Landlord’s sole cost and expense. If Landlord shall fail to perform any act on its part to be performed hereunder, and such failure shall continue for thirty (a30) immediately and without days after receipt of written notice thereof from Tenant (except in the case event of any emergency, were either life or property is under immediate threat), Tenant shall provide Landlord with a second written notice to Landlord outlining such failure to pay any Taxes perform. If such failure shall continue for ten (10) business days after Landlord’s receipt of Tenant’s second notice (except in the event of emergency, were either life or any other amount due a third partyproperty is under immediate threat), and if such failure would result to perform is materially and adversely affecting Tenant’s business operations in the creation Premises, then Tenant may, but shall not be obligated to do so, and without waiving or releasing Landlord from any obligations of a lien Landlord, perform any such act on the Landlord’s interest in the Demised Premises part to be made or any part thereof or any loss or impairment of Landlord’s estate hereunder or in and to the Demised Premises or any failure to perform any of Tenant’s Obligations hereunder which creates an emergency situation, or, (b) in any other case, if Tenant shall fail to make such payment or remedy such default within the applicable period of notice and/or grace, if any, performed as provided in Section 15.02 hereof. Bills for any expenses incurred by Landlord in connection therewith, and bills for all costs, expenses and disbursements of every kind and nature whatsoever, including counsel fees, involved in collection or endeavoring to collect any Rent or other sums due hereunder, or any part thereof, or involved in enforcing or endeavoring to enforce any right against Tenant under or in connection with this Lease, so long as the exercise of such rights do not violate any Sublease tenant leases in the Building or pursuant to law, including void any such cost, expense warranty for the roof or any building system. All sums so paid by Tenant and disbursement involved in instituting and prosecuting summary proceedings, as well as bills for any Demised Premises, material, labor or services provided, furnished or rendered, or caused to be, by Landlord to Tenant, with respect to the Demised Premises or equipment used in connection therewith (all necessary incidental costs together with interest thereon at the Interest Ratemaximum rate permitted by law, from the respective dates date of such payment by Tenant shall be payable to Tenant within ten (10) business days following Landlord’s making receipt of each such payment or incurring of each such cost or expense)invoice, may be sent by Landlord to Tenant monthly, or immediately, at Landlord’s option, and shall be due and payable in accordance with the terms of said bills and if not so paid when due by Landlord, then Tenant shall have the amount thereof shall immediately become due and payable as additional rent right to exercise its remedies under this Lease.

Right to Perform. If Tenant shall fail to pay any Taxes Imposition or Rent Charges or make any other payment required to be made under this Lease or shall default in the performance of any other Obligations of Tenant herein contained, Landlord, without being under any obligation to do so and without thereby waiving such default, may make such payment and/or remedy such other default for the account and at the expense of Tenant, (a) immediately and without notice in the case of any failure to pay any Taxes Imposition or any other amount due a third party, if such failure would result in the creation of a lien on the Landlord’s interest in the Demised Premises and/or the Common Elements or any part thereof or any loss or impairment of Landlord’s estate hereunder or in and to the Demised Premises and/or the Common Elements, or in the case of any failure to perform any of Tenant’s Obligations hereunder which creates an emergency situationimminent threat to public health or safety, or, or (b) in any other case, if only after (i) Landlord shall have notified Tenant once of such default or failure and Tenant shall fail have failed to make such payment or remedy such default within the applicable grace period under this Lease, and (ii) Landlord shall have notified Tenant a second time and Tenant shall have failed to make such payment or remedy such default within ten (10) Business Days following such second notice; provided, however, with respect to any default covered by clause (b) above, Landlord shall not be entitled to remedy the same if and for so long as Tenant has commenced and thereafter diligently and with continuity prosecutes to completion all steps necessary to remedy such default. In furtherance of notice its rights hereunder, in the event of an imminent threat to human life or safety, Landlord shall have the right to enter upon the Demised Premises and/or gracethe Common Elements in accordance with Section 23.2 hereof, if any, provided in including for the purpose of making repairs or performing work required of Tenant hereunder. The limitations imposed by the foregoing provisions of this Section 15.02 15.1 on Landlord’s right to remedy Tenant’s defaults shall not apply to Landlord’s rights to remedy Tenant’s failures under the last paragraphs of Sections 7.3(a) and (b) hereof. Bills for any expenses incurred by Landlord in connection therewith, and bills for all costs, expenses and disbursements of every kind and nature whatsoever, including counsel fees, involved in collection collecting or endeavoring to collect any Rent Charges or other sums due hereunder, or any part thereof, or involved in enforcing or endeavoring to enforce any right against Tenant under or in connection with this Lease, any Sublease or pursuant to law, including any such cost, expense and disbursement involved in instituting and prosecuting summary proceedings, as well as bills for any Demised Premisesproperty, material, labor or services provided, furnished or rendered, or caused to be, by Landlord to Tenant, with respect to the Demised Premises and/or the Common Elements or equipment used in connection therewith (together with interest at the Interest Rate, from the respective dates of Landlord’s making of each such payment or incurring of each such cost or expense), may be sent by Landlord to Tenant monthly, or immediately, at Landlord’s option, and shall be due and payable in accordance with the terms of said bills (or, in the case of payments to reimburse Landlord, within twenty-three (23) Business Days of demand) and if not paid when due the amount thereof shall immediately become due and payable as additional rent under this Lease. The Obligations of Tenant to pay such bills or to reimburse Landlord under this Section 15.1 shall survive the expiration or earlier termination of this Lease.

Right to Perform. If Tenant shall fail to pay any Taxes or sum of money, other than Rent or make any other payment and Additional Rent, required to be made under this Lease paid by it hereunder or shall default in the performance of fail to perform any other Obligations act on its part to be performed hereunder, and such failure shall continue for fifteen (15) calendar days or such longer period as is reasonably necessary provided Tenant commences such performance promptly after its receipt of Tenant herein containedLandlord’s written notice of such failure and diligently thereafter prosecutes the same to completion, LandlordLandlord may, without being under any obligation but shall not be obligated so to do so do, and without thereby waiving such default, may make such payment and/or remedy such other default for the account and at the expense or releasing Tenant from any obligations of Tenant, (a) immediately and without notice in the case of make any failure to pay any Taxes or any other amount due a third party, if such failure would result in the creation of a lien on the Landlord’s interest in the Demised Premises or any part thereof or any loss or impairment of Landlord’s estate hereunder or in and to the Demised Premises or any failure to perform any of Tenant’s Obligations hereunder which creates an emergency situation, or, (b) in any other case, if Tenant shall fail to make such payment or remedy perform any such default within the applicable period of notice and/or grace, if any, other act on Tenant’s part to be made or performed as provided in Section 15.02 hereofthis Lease. Bills for The foregoing right to perform Tenant’s obligations shall only apply after the requisite notice and opportunity to cure has been afforded to Tenant (taking into account any expenses incurred shortened cure period permitted in cases of Emergency) as long as Tenant is not diligently engaged in curing such default. All reasonable sums rightfully paid by Landlord under this Section, and all reasonable penalties, interest and costs incurred in connection therewith, and bills for all costsplus an administrative charge equal to ten percent (10%) of the cost of such performance, expenses and disbursements of every kind and nature whatsoever, including counsel fees, involved in collection or endeavoring to collect any Rent or other sums due hereunder, or any part thereof, or involved in enforcing or endeavoring to enforce any right against Tenant under or in connection with this Lease, any Sublease or pursuant to law, including any such cost, expense and disbursement involved in instituting and prosecuting summary proceedings, as well as bills for any Demised Premises, material, labor or services provided, furnished or rendered, or caused to be, by Landlord to Tenant, with respect to the Demised Premises or equipment used in connection therewith (together with interest at the Interest Rate, from the respective dates of Landlord’s making of each such payment or incurring of each such cost or expense), may be sent by Landlord to Tenant monthly, or immediately, at Landlord’s option, and shall be due and payable by Tenant within thirty (30) days after Landlord’s written demand accompanied by reasonable substantiation of the applicable costs, together with interest thereon at the Default Rate from the date such sums were paid by Landlord through the date of payment by Tenant to Landlord. Landlord shall have (in accordance addition to any other right or remedy of Landlord) the same rights and remedies for nonpayment of sums due under this section as would be the case in any monetary Default under this Lease (such as a Default by Tenant in the payment of Rent). The foregoing notwithstanding, in the event of an Emergency arising from or in connection with the terms of said bills and if not paid when due the amount thereof shall immediately become due and payable as additional rent Tenant’s failure to perform its obligations under this Lease, Landlord shall be entitled to make the requisite performance prior to expiration of the applicable cure period under this Section (or even prior to giving notice under particularly exigent circumstances) if the magnitude of the Emergency, and the need to act immediately, is so great that Landlord’s immediate action is reasonable under the circumstances; and, in such event, the same shall not be construed to prevent or preclude Landlord from recovering the costs associated with such exercise from Tenant, in accordance herewith.

Right to Perform. If Tenant shall fail to pay any Taxes or Rent or make any other payment ---------------- required to be made under this Lease or shall default in the performance of any other Obligations of Tenant covenant, agreement, term, provision or condition herein contained, Landlord, without being under any obligation to do so and without thereby waiving such failure or default, may make such payment and/or or remedy such other default for the account and at the expense of Tenant, (a) immediately and without notice in the case of any failure event Landlord in good faith believes such action is necessary to pay any Taxes prevent physical injury to persons or any other amount due a third partydamage to property, if such failure would result in the creation of a lien on the Landlord’s interest in the Demised Premises or any part thereof or any loss or impairment of Landlord’s estate hereunder or in and to the Demised Premises or any failure to perform any of Tenant’s Obligations hereunder which creates an emergency situation, or, (b) in any other case, case only if Tenant shall fail to make such payment or remedy such default within the applicable grace period specified in Paragraph 26(a) hereof after Landlord shall have notified Tenant in writing of notice and/or grace, if any, provided in Section 15.02 hereofsuch failure or default. Bills for any expenses expense reasonably incurred by Landlord in connection therewith, and bills for all reasonable costs, expenses and disbursements of every kind and nature whatsoevernature, including counsel feesincluding, without limitation, attorneys' fees and expenses, involved in collection or endeavoring to collect any Rent or other sums due hereunder, or any part thereof, or involved in enforcing collecting or endeavoring to enforce any right against Tenant Tenant, under or in connection with this Lease, any Sublease or pursuant to law, including including, without limitation, any such costcosts, expense expenses and disbursement disbursements involved in instituting and prosecuting summary proceedings, as well as bills for any Demised Premisesproperty, material, labor or services provided, furnished or rendered, or caused to bebe furnished or rendered, by Landlord to Tenant, Tenant with respect to the Demised Premises or and other equipment used in connection therewith and construction work done for the account of Tenant (together with interest at the Interest Rate, lesser of eighteen percent (18%) per annum or the maximum rate allowed by law from the respective dates of Landlord’s 's making of each such payment or incurring of each such cost or and expense), may be sent by Landlord to Tenant monthly, or immediately, at Landlord’s 's option, and shall be due and payable in accordance with the terms of said such bills and if not paid when due the amount thereof shall immediately become due and payable as additional rent under this Lease.

Right to Perform. If Tenant Lessee shall fail to pay perform or comply with any Taxes of its agreements contained herein, such that a Lease Event of Default shall have occurred and be continuing, Lessor may with no further notice perform or Rent or make comply with such agreement, and Lessor shall not thereby be deemed to have waived any other default caused by such failure, and the amount of payment required to be made by Lessee hereunder and made by Lessor on behalf of Lessee, and the costs and expenses of Lessor (including reasonable attorneys' fees and expenses) incurred in connection with the performance of or compliance with such agreement, as the case may be, together with interest thereon at the Default Rate, shall be deemed Supplemental Rent, payable by Lessee to Lessor upon demand. In addition, during the continuance of a Lease Event of Default in respect of Lessee's obligations under this Section 7.2 and/or Section 7.6, then, in addition to the rights above and at the cost of Lessee, (a) Lessor shall have the right to hire Persons (as selected by Lessor in its reasonable discretion) at Lessee's expense to cure such Lease or Event of Default, and to take any and all other actions necessary to cure such Lease Event of Default, and (b) Lessee shall default cooperate with Lessor, and the Persons so hired by Lessor, in the performance of any other Obligations of Tenant herein containedsuch cure, Landlordincluding, without being under any obligation limitation, (i) providing access to do so the subject Property in a manner that does not interfere with Lessee's operation of the subject Property as a Permitted Use, at reasonable times, upon reasonable advance notice of at least forty eight (48) hours notice to Lessee, such access to be coordinated through the Real Estate Asset Manager at Lessee's corporate office, (ii) making available water, electricity and without thereby waiving other utilities existing at or on the subject Property, and (iii) restricting or closing the subject Property, but only if such default, may make such payment and/or remedy such other default restriction or closure is reasonably necessary for the account performance of such cure and at the expense of Tenant, (a) immediately and without notice in the case of any failure to pay any Taxes or any other amount due a third party, if provided that such failure would result in the creation of a lien on the Landlord’s interest in the Demised Premises or any part thereof or any loss or impairment of Landlord’s estate hereunder or in and to the Demised Premises or any failure to perform any of Tenant’s Obligations hereunder which creates an emergency situation, or, (b) in any other case, if Tenant shall fail to make such payment or remedy such default within the applicable period of notice and/or grace, if any, provided in Section 15.02 hereof. Bills for any expenses incurred by Landlord in connection therewith, and bills for all costs, expenses and disbursements of every kind and nature whatsoever, including counsel fees, involved in collection or endeavoring to collect any Rent or other sums due hereunder, or any part thereof, or involved in enforcing or endeavoring to enforce any right against Tenant under or in connection with this Lease, any Sublease or pursuant to law, including any such cost, expense and disbursement involved in instituting and prosecuting summary proceedings, as well as bills for any Demised Premises, material, labor or services provided, furnished or rendered, or caused to be, by Landlord to Tenant, with respect to the Demised Premises or equipment used in connection therewith (together with interest at the Interest Rate, from the respective dates of Landlord’s making of each such payment or incurring of each such cost or expense), may be sent by Landlord to Tenant monthly, or immediately, at Landlord’s option, and closure shall be due done for and payable during a time period and in accordance with such manner that balances the terms need for the maintenance or repair of said bills the subject Property (and if not paid when due doing so in a safe manner) and the amount thereof shall immediately become due and payable as additional rent under this Leasecontinuing operations of the subject Property.

Right to Perform. If Tenant shall fail to pay any Taxes or sum of money, other than Rent or make any other payment and additional rent, required to be made under this Lease paid by it hereunder or shall default fail to perform any other act on its part to be performed hereunder, and (except in the performance event of any other Obligations emergency, in which case no grace or cure period shall be applicable or required) such failure shall continue for thirty (30) days without Tenant diligently prosecuting the cure of Tenant herein contained, Landlord, without being under any obligation to do so and without thereby waiving such default, may make such payment and/or remedy such other default for the account Landlord may, but shall not be obligated so to do, and at the expense without waiving or releasing Tenant from any obligations of Tenant, (a) immediately and without notice in the case of make any failure to pay any Taxes or any other amount due a third party, if such failure would result in the creation of a lien on the Landlord’s interest in the Demised Premises or any part thereof or any loss or impairment of Landlord’s estate hereunder or in and to the Demised Premises or any failure to perform any of Tenant’s Obligations hereunder which creates an emergency situation, or, (b) in any other case, if Tenant shall fail to make such payment or remedy perform any such default within the applicable period of notice and/or grace, if any, other act on Tenant's part to be made or performed as provided in Section 15.02 hereofthis Lease. Bills for any expenses incurred All sums paid by Landlord in performing Tenant's obligations, as set forth above, and all penalties, interest and costs in connection therewith, and bills for all costs, expenses and disbursements of every kind and nature whatsoever, including counsel fees, involved in collection or endeavoring to collect any Rent or other sums due hereunder, or any part thereof, or involved in enforcing or endeavoring to enforce any right against Tenant under or in connection with this Lease, any Sublease or pursuant to law, including any such cost, expense and disbursement involved in instituting and prosecuting summary proceedings, as well as bills for any Demised Premises, material, labor or services provided, furnished or rendered, or caused to be, by Landlord to Tenant, with respect to the Demised Premises or equipment used in connection therewith (together with interest at the Interest Rate, from the respective dates of Landlord’s making of each such payment or incurring of each such cost or expense), may be sent by Landlord to Tenant monthly, or immediately, at Landlord’s option, and shall be due and payable from Tenant to Landlord on the next business day after such payment by Landlord, together with interest thereon at the Default Rate. Landlord shall have (in accordance addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this section as in the case of default by Tenant in the payment of Rent. If Landlord shall fail to perform any act on its part to be performed hereunder with respect to the terms 4000 Building, after written notice of said bills same from Tenant and such failure shall continue for thirty (30) days without Landlord diligently prosecuting the cure of such default, Tenant may, but shall not be obligated so to do, and without waiving or releasing Landlord from any obligations of Landlord, perform any such act on Landlord's part to be made or performed for the 4000 Building as provided in this Lease; provided, however, Tenant may only exercise this right if Landlord is not diligently prosecuting the cure of such default. All sums paid when due the amount thereof by Tenant in performing Landlord's obligations, as set forth above, and all costs in connection therewith, shall immediately become be due and payable as additional rent under this Leasefrom Landlord to Tenant on the next business day after such payment by Tenant, together with interest thereon at the Default Rate.

Right to Perform. If Tenant shall fail to pay any Taxes Imposition or Rent Charges or make any other payment required to be made under this Lease or shall default in the performance of any other Obligations of Tenant herein contained, . Landlord, without being under any obligation to do so and without thereby waiving such default, may make such payment and/or remedy such other default for the account and at the expense of Tenant, (a) immediately and without notice in the case of any failure to pay any Taxes Imposition or any other amount due a third party, if such failure would result in the creation of a lien on the Landlord’s interest in the Demised Premises Property or any part thereof or any loss or impairment of Landlord’s 's estate hereunder or in and to the Demised Premises Property, or in the case of any failure to perform any of Tenant’s 's Obligations hereunder which creates an emergency situationimminent threat to public health or safety, or, or (b) in any other case, if only after (i) Landlord shall have notified Tenant once of such default or failure and Tenant shall fail have failed to make such payment or remedy such default within the applicable grace period under this Lease, and (ii) Landlord shall have notified Tenant a second time and Tenant shall have failed to make such payment or remedy such default within ten (10) Business Days following such second notice; PROVIDED, HOWEVER, with respect to any default covered by clause (b) above, Landlord shall not be entitled to remedy the same if and for so long as Tenant has commenced and thereafter diligently and with continuity prosecutes to completion all steps necessary to remedy such default. In furtherance of notice and/or graceits rights hereunder, if anyin the event of an imminent threat to human life or safety, provided Landlord shall have the right to enter upon the Property in Section 15.02 accordance with SECTION 23.2 hereof, including for the purpose of making repairs or performing work required of Tenant hereunder. The limitations imposed by the foregoing provisions of this SECTION 15.1 on Landlord's right to remedy Tenant's defaults shall not apply to Landlord's rights to remedy Tenant's failures under the last paragraphs of SECTIONS 7.3(a) and (b) hereof. Bills for any expenses incurred by Landlord in connection therewith, and bills for all costs, expenses and disbursements of every kind and nature whatsoever, including counsel fees, involved in collection collecting or endeavoring to collect any Rent Charges or other sums due hereunder, or any part thereof, or involved in enforcing or endeavoring to enforce any right against Tenant under or in connection with this Lease, any Sublease or pursuant to law, including any such cost, expense and disbursement involved in instituting and prosecuting summary proceedings, as well as bills for any Demised Premisesproperty, material, labor or services provided, furnished or rendered, or caused to be, by Landlord to Tenant, with respect to the Demised Premises Property or equipment used in connection therewith (together with interest at the Interest Rate, from the respective dates of Landlord’s 's making of each such payment or incurring of each such cost or expense), may be sent by Landlord to Tenant monthly, or immediately, at Landlord’s 's option, and shall be due and payable in accordance with the terms of said bills (or, in the case of payments to reimburse Landlord, within twenty-three (23) Business Days of demand) and if not paid when due the amount thereof shall immediately become due and payable as additional rent under this Lease. The Obligations of Tenant to pay such bills or to reimburse Landlord under this SECTION 15.1 shall survive the expiration or earlier termination of this Lease.