Common use of Failure to Construct Clause in Contracts

Failure to Construct. If for any reason or under any contingency the General Contractor shall default under a Construction Contract, fail to commence, or abandon construction of, the Capital Projects, or fail to complete the Capital 11 12 Projects within the maximum construction time in accordance with the terms of the Construction Contracts, then in any such event, without the need of any demand by Lessor, Lessee shall assume all responsibility for and control over the construction, performance and completion of the Capital Projects and shall cause the Capital Projects to be fully completed in accordance with the Lease, as hereby amended, on or before the Outside Date, other than Punch List Items. If Lessee fails to complete the Capital Projects in accordance with the Plans prior to the Outside Date other than the Punch List Items, Lessor, at Lessor's option, shall have the right to complete the Capital Projects in accordance with the Plans and expend such sums as Lessor reasonably deems proper in order so to complete the Capital Projects. The amount of any and all expenditures made by Lessor pursuant to this clause (ii) which, when combined with all Project Costs previously funded by Lessor, are in excess of Lessor's Maximum Cost, shall be immediately due and payable by Lessee to Lessor as an Additional Charge, together with interest thereon from the date of such expenditure to the date paid by Lessee at a daily rate equal to Two Percent (2%) above the Prime Rate (but in no event greater than the maximum rate of interest then permitted by law). Upon any assumption by Lessor of the obligation to complete the Capital Projects as provided herein, Lessee shall forthwith surrender and deliver to Lessor, or Lessor's designee, any funds which have been received from Lessor but have not been disbursed by Lessee, and all records, plans, specifications, permits and other governmental approvals, purchase agreements, contracts, receipts for deposits, unpaid bills and all other records, papers and documents in the possession of Lessee relating to the Capital Projects.

Failure to Construct. If Without limiting any other right or remedy ---------------------- of Landlord under the Lease, if for any reason or under any contingency the General Contractor any contractor shall default under a Construction Contract, fail to commence, or abandon construction of, the Capital ProjectsRenovation Project, or fail to complete the Capital 11 12 Projects Renovation Project within the maximum construction time in accordance with the terms of the Construction Contracts, then in any such event, without the need of any demand by LessorLandlord, Lessee Tenant shall assume all responsibility for and control over the construction, performance and completion of the Capital Projects Renovation Project and shall cause the Capital Projects Renovation Project to be fully completed in accordance with the Lease, as hereby amended, this Work Letter on or before the Outside Completion Date, other than Punch List Items. If Lessee Without limiting any other right or remedy of Landlord under the Lease, if Tenant fails to complete the Capital Projects Renovation Project in accordance with the Capital Renovation Plans prior to the Outside Completion Date other than the Punch List Items, LessorLandlord, at LessorLandlord's option, shall have the right to complete the Capital Projects Renovation Project in accordance with the Capital Renovation Plans and expend such sums as Lessor Landlord reasonably deems proper in order so to complete the Capital ProjectsRenovation Project. The amount of any and all expenditures made by Lessor Landlord pursuant to this clause (iib) which, when combined with all Capital Renovation Project Costs previously funded by LessorLandlord, are in excess of LessorLandlord's Maximum Cost, shall be immediately due and payable by Lessee Tenant to Lessor Landlord as an Additional Charge, together with interest thereon from the date of such expenditure to the date paid by Lessee Tenant at a daily rate equal to Two Percent (2%) above the Prime Overdue Rate (but in no event greater than the maximum rate of interest then permitted by law). Said interest shall accrue on a daily basis. Upon any assumption by Lessor Landlord of the obligation to complete the Capital Projects Renovation Project as provided herein, Lessee Tenant shall forthwith surrender and deliver to LessorLandlord, or LessorLandlord's designee, any funds which have been received from Lessor Landlord but have not been disbursed by LesseeXxxxxx, and all records, plans, specifications, permits and other governmental approvals, purchase agreements, contracts, receipts for deposits, unpaid bills and all other records, papers and documents in the possession of Lessee Tenant relating to the Capital Projects.Renovation Project. (c)

Failure to Construct. If Without limiting any other right or remedy of Lessor under the Master Lease, if for any reason after Lessee commences construction of the Arden Courts of Old Orchard Facility, Lessee abandons construction of the Arden Courts of Old Orchard Facility or under any contingency the General Contractor shall default under a Construction Contract, fail to commence, or abandon construction of, the Capital Projects, or fail fails to complete construction of the Capital 11 12 Projects Arden Courts of Old Orchard Facility within the maximum eighteen (18) months of commencement of construction time substantially in accordance with the terms of the Construction Contracts, then in any such event, without the need of any demand by Lessor, Lessee shall assume all responsibility for Master Lease and control over the construction, performance and completion of the Capital Projects and shall cause the Capital Projects to be fully completed in accordance with the Lease, as hereby amended, on or before the Outside Date, other than Punch List Items. If Lessee fails to complete the Capital Projects in accordance with the Plans prior to the Outside Date other than the Punch List Items, Lessorthis Amendment, at Lessor's ’s option, Lessor shall have the right to complete construction of the Capital Projects Arden Courts of Old Orchard Facility in accordance with the Plans approved plans and specifications and expend such sums as Lessor reasonably deems proper in order so to complete construction of the Capital ProjectsArden Courts of Old Orchard Facility. The amount of any and all expenditures made by Lessor pursuant to this clause (iib) which, when combined with all Project Costs previously funded by Lessor, are in excess of Lessor's Maximum Cost, shall be immediately due and payable by Lessee to Lessor as an Additional Charge, together with interest thereon from the date of such expenditure to the date paid by Lessee at a daily rate equal to Two Percent (2%) above the Prime Overdue Rate (but in no event greater than the maximum rate of interest then permitted by law). Said interest shall accrue on a daily basis. Upon any assumption by Lessor of the obligation to complete construction of the Capital Projects Arden Courts of Old Orchard Facility as provided herein, Lessee shall forthwith surrender and deliver to Lessor, or Lessor's ’s designee, any funds which have been received from Lessor but have not been disbursed by Lessee, and all records, plans, specifications, permits and other governmental approvals, purchase agreements, contracts, receipts for deposits, unpaid bills and all other records, papers and documents in the possession of Lessee relating to the Capital Projectsconstruction of the Arden Courts of Old Orchard Facility.

Failure to Construct. If Without limiting any other right or remedy of Landlord under the Lease, if for any reason or under any contingency the General Contractor or any Major Subcontractor shall default under a Construction Contract, fail to commence, or abandon construction of, the Capital Projects2002 Project, or fail to complete the Capital 11 12 Projects 2002 Project within the maximum construction time in accordance with the terms of the Construction Contracts, then in any such event, without the need of any demand by LessorLandlord, Lessee Tenant shall assume all responsibility for and control over the construction, performance and completion of the Capital Projects 2002 Project and shall cause the Capital Projects 2002 Project to be fully completed in accordance with the Lease, as hereby amended, this Work Letter on or before the Outside DateCompletion Date (subject only to the performance by Landlord of its obligations under this Section 3 and Unavoidable Delays), other than Punch List Items. If Lessee Without limiting any other right or remedy of Landlord under the Lease, if Tenant fails to complete cause the Capital Projects 2002 Project to be completed in accordance with the 2002 Project Plans prior to the Outside Completion Date other than the Punch List Items, LessorLandlord, at LessorLandlord's option, shall have the right to complete the Capital Projects 2002 Project in accordance with the 2002 Project Plans and expend such sums as Lessor Landlord reasonably deems proper in order so to complete the Capital Projects2002 Project. The amount of any and all expenditures made by Lessor Landlord pursuant to this clause (iib) which, when combined with all 2002 Project Costs previously funded by LessorLandlord, are in excess of LessorLandlord's Maximum Cost, shall be immediately due and payable by Lessee Tenant to Lessor Landlord as an Additional Charge, together with interest thereon from the date of such expenditure to the date paid by Lessee Tenant at a daily rate equal to Two Percent (2%) above the Prime Overdue Rate (but in no event greater than the maximum rate of interest then permitted by law). Said interest shall accrue on a daily basis. Upon any assumption by Lessor Landlord of the obligation to complete the Capital Projects 2002 Project as provided herein, Lessee Tenant shall forthwith surrender and deliver to LessorLandlord, or LessorLandlord's designee, any funds which have been received from Lessor Landlord but have not been disbursed by LesseeTenant, and all records, plans, specifications, permits and other governmental approvals, purchase agreements, contracts, receipts for deposits, unpaid bills and all other records, papers and documents in the possession of Lessee Tenant relating to the Capital Projects2002 Project.

Failure to Construct. If for any reason or under any contingency the General Contractor any contractor shall default under a Construction Contract, fail to commence, or abandon construction of, the Capital ProjectsAddition Project, or fail to complete the Capital 11 12 Projects Addition Project within the maximum construction time in accordance with the terms of the Construction Contracts, then in any such event, without the need of any demand by Lessor, Lessee shall assume from such contractor(s) all responsibility for and control over the construction, performance perfoiniance and completion of the Capital Projects Addition Project and shall cause the Capital Projects Addition Project to be fully completed in accordance with the Lease, as hereby amended, this Work Letter on or before the Outside Completion Date, other than Punch List Items. If Without limiting any other right or remedy of Lessor under the Lease, if Lessee fails to complete the Capital Projects Addition Project in accordance with the Capital Addition Plans prior to the Outside Completion Date other than the Punch List Items, Lessor, at Lessor's option, shall have the right to complete the Capital Projects Addition Project in accordance with the Capital Addition Plans and expend such sums as Lessor reasonably deems proper in order so to complete the Capital ProjectsAddition Project. The amount of any and all expenditures made by Lessor pursuant to this clause (iib) which, when combined with all Capital Addition Project Costs previously funded by Lessor, are in excess of Lessor's Maximum Cost, shall be immediately due and payable by Lessee to Lessor upon five (5) Business Days' notice by Lessor as an Additional Charge, together with interest thereon from the date of such expenditure to the date paid by Lessee at a daily rate equal to Two Percent (2%) above the Prime Overdue Rate (but in no event greater than the maximum rate of interest then permitted by law). Said interest shall accrue on a daily basis. Upon any assumption by Lessor of the obligation to complete the Capital Projects Addition Project as provided herein, Lessee shall forthwith surrender and deliver to Lessor, or Lessor's designee, any funds which have been received from Lessor but have not been disbursed by Lessee, and all records, plans, specifications, permits and other governmental approvals, purchase agreements, contracts, receipts for deposits, unpaid bills and all other records, papers and documents in the possession of Lessee relating to the Capital ProjectsAddition Project.