Common use of LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS Clause in Contracts

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. Tenant covenants and agrees that, if it shall at any time fail to make any payment or perform any other act on its part to be made or performed as in this Lease provided, then Landlord, in its sole discretion may after due notice to, or demand upon, Tenant and subject to the limitations set forth below, make any payment or perform any other act on the part of Tenant to be made and performed as in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rights, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease contained. All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses in connection with the performance of any such act by Landlord shall, except as otherwise in this Lease expressly provided, be payable to Landlord on demand, and Tenant covenants to pay any such sum or sums promptly, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “due notice” and may proceed as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be required.

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. If Tenant covenants and agrees that, if it shall at any time shall fail to make pay any payment tax or other imposition in accordance with the provisions of this Lease, or to take out, pay any insurance premiums for, maintain or deliver any of the insurance policies in the manner provided for in this Lease, or shall fail to pay any Rent hereunder as and when due, or to keep, observe or perform any covenant or any other act on its part required to be made or performed in this Lease, or then at any time after furnishing not less than thirty (30) days’ prior notice to Tenant (or, in the case of an emergency, without prior notice to Tenant), Landlord, without waiving or releasing Tenant from any obligation of Tenant contained in this Lease or waiving or releasing any rights of Landlord hereunder, at law or in equity, may (but shall be under no obligation to) pay any tax or other imposition, insurance premium, item of Rent or any other sums, costs, expenses, charges, payments or deposits payable by Tenant hereunder, or perform any other act on its Tenant’s part required to be made or performed as provided in this Lease provided, then Landlord, in its sole discretion may after due notice to, or demand upon, Tenant and subject to the limitations set forth below, make any payment or perform any other act on the part of Tenant to be made and performed as in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirableLease, and in exercising any may enter upon the Property for such rights, Landlord purpose and take all such action thereon as may pay be necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease containedtherefor. All reasonable sums so paid by Landlord and all reasonably necessary and incidental reasonable costs and expenses incurred by Landlord in connection with the performance of any such act obligation, together with interest thereon at the Interest Rate from the respective dates of Landlord’s making of each such payment or incurring of each such sum, cost, liability, expense, charge, payment or deposit until the date of actual repayment to Landlord, shall be paid by Landlord shall, except as otherwise in this Lease expressly provided, be payable Tenant to Landlord on demand, and demand as Rent. Any payment or performance by Landlord pursuant to the foregoing provisions of this Section 9.11 shall not be nor be deemed to be a waiver or release of breach or default of Tenant covenants to pay any such sum with respect thereto or sums promptly, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case right of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant take such length of time action as may be reasonable permissible hereunder, at law or in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 days from the giving of notice, to remedy the failure itself and, equity if a Tenant Default shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “due notice” and may proceed as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be requiredoccurred.

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. Tenant covenants and agrees that, if it shall at any time fail to make any payment or perform any other act on its part to be made or performed as in this Lease provided, then Landlord, in its sole discretion may after due notice to, or demand upon, Tenant and subject to the limitations set forth belowTenant, make any payment or perform any other act on the part of Tenant to be made and performed as in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rights, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease contained. All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses in connection with the performance of any such act by Landlord shall, except as otherwise in this Lease expressly provided, be payable to Landlord on demand, and Tenant covenants to pay any such sum or sums promptly, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4Section, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 days ten (10) Business Days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “due notice” and may proceed as provided in this Section 12.4Section; provided provided, however, that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements Legal Requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be required.

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. If Tenant covenants and agrees that, if it shall at any time fail to make shall be in Default (as hereinafter defined) of any payment or perform any other act on of its part to be made or performed as in obligations under this Lease providedbeyond all applicable notice and cure periods, then Landlord, in its sole discretion may after due notice to, without waiving or demand upon, releasing Tenant and subject to the limitations set forth below, make from any payment or perform any other act on the part obligation of Tenant to be made and performed as contained in this Lease providedLease, in may (but shall be under no obligation to) perform such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rights, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease containedobligation on Tenant’s behalf. All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses reasonably incurred by Landlord in connection with the performance of any act pursuant hereto together with interest thereon at the Default Rate from the respective dates of Landlord’s making demand to Tenant of each such act payment of each such sum, cost, expense, charge, payment or deposit, shall be paid by Tenant to Landlord within twenty (20) business days of demand therefor provided Landlord’s demand shall be accompanied by a reasonably detailed statement setting forth such expenditures, the reasons therefor and reasonably detailed invoices and/or receipts evidencing such expenditures. Such amounts due from Tenant shall be Rent under this Lease. Any payment or performance by Landlord shall, except as otherwise in this Lease expressly provided, pursuant hereto shall not be payable nor be deemed to Landlord on demand, and Tenant covenants to pay any such sum be a waiver or sums promptly, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event release of the non-payment thereof by breach or default of Tenant as in the case of default by Tenant in the payment with respect thereto or of the Base Rent. Whenever practicableright of Landlord to terminate this Lease, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant institute summary proceedings or take such length of time other action as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 days from the giving permissible hereunder if an Event of notice, to remedy the failure itself and, if Default (as hereinafter defined) by Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “due notice” and may proceed as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be requiredoccurred.

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. Tenant covenants and agrees that, if it there shall at any time fail exist an Event of Default with respect to Tenant’s obligation to make any payment or perform any other act on its part to be made or performed as in this Lease provided, then Landlord, in its sole discretion discretion, may after due notice to, or demand upon, Tenant and subject to the limitations set forth below, make any payment or perform any such other act on the part of Tenant to be made and or performed as in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rights, Landlord may pay reasonable, actual and necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable and actual attorneys’ fees. The making of any such payment or the performing of any such other act by Landlord pursuant to this Article 12 shall not waive, or release Tenant from, any obligations of Tenant in this Lease contained. All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses in connection with the performance of any such act by Landlord shall, except as otherwise in this Lease expressly provided, be payable to Landlord on demand, and Tenant covenants to pay any such sum or sums promptly, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “due notice” and may proceed as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be required.

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. Tenant covenants and agrees agrees, that, if it shall at any time fail to make any payment or perform any other act on its part to be made or performed as in this Lease provided, then Landlord, in its sole discretion may after due notice to, or demand upon, Tenant and subject to the limitations set forth belowTenant, make any payment or perform any other act on the part of Tenant to be made and performed as in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rights, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease contained. All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses in connection with the performance of any such act by Landlord shall, except as otherwise in this Lease expressly provided, be payable to Landlord on demand, and Tenant covenants to pay any such sum or sums promptly, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4Section, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 days ten (10) Business Days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “due notice” and may proceed as provided in this Section 12.4Section; provided provided, however, that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements Legal Requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be required.

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. Tenant ----------------------------------------------------------- covenants and agrees that, if it shall at any time fail to make any payment or perform any other act on its part to be made or performed as in this Lease providedprovided beyond the cure period set forth below in this Section 12.4, then Landlord, in its sole discretion may after due notice to, or demand upon, Tenant and subject to the limitations set forth belowTenant, make any payment or perform any other act on the part of Tenant to be made and performed as in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rights, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ ' fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease contained. All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses in connection with the performance of any such act by Landlord shall, except as otherwise in this Lease expressly provided, be payable to Landlord on demand, and Tenant covenants to pay any such sum or sums promptly, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 thirty (30) days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “"due notice” " and may proceed as provided in this Section 12.4; provided provided, however, that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be required.

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. Tenant covenants and agrees that, if it shall at any time fail to make any payment or perform any other act on its part to be made or performed as in this Lease provided, then Landlord, in its sole discretion may after due notice to, or demand upon, Tenant and subject to the limitations set forth belowTenant, make any payment or perform any other act on the part of Tenant to be made and performed as in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rights, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease contained. All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses in connection with the performance of any such act by Landlord shall, except as otherwise in this Lease expressly provided, be payable to Landlord on demand, and 30 days after submission by Landlord to Tenant covenants to pay any of an invoice therefor together with such sum or sums promptlydocumentation as Tenant shall reasonably require showing the actual costs incurred by Landlord, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4Section, shall give Tenant notice in writing of the failure of Tenant which that Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “due notice” and may proceed as provided in this Section 12.4Section; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements Legal Requirements including but not limited to the presence of Hazardous Materials, in which event no prior notice shall be required.

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. If Tenant covenants and agrees that, if it shall at any time fail to make any payment or perform any other act on its part to be made or performed as in this Lease provided, then Landlord, in its sole discretion may after due notice to, or demand upon, Tenant and subject to the limitations set forth belowTenant, make any payment or perform any other act on the part of Tenant to be made and performed as in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rights, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease contained. All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses in connection with the performance of any such act by Landlord shall, except as otherwise in this Lease expressly provided, be payable to Landlord on demand, and Tenant covenants to pay any such sum or sums promptly, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 ten days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “due notice” and may proceed as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements Legal Requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be required.

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. Tenant covenants and agrees that, that if it Tenant shall at any time fail to make pay any payment amount then required to be paid by it under this Lease (including any imposition pursuant to the provisions of Section 6 hereof), or if Tenant shall fail to perform any other act covenant or agreement on its Tenant’s part required to be made or performed as in this Lease providedperformed, then Landlord, in its sole discretion may after due ten (10) days’ written notice to, or to and demand upon, upon Tenant and subject to the limitations set forth below, make any payment or perform any other act on the part of Tenant to be made and performed as in this Lease provided, in which is not complied with during such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rightsperiod, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article (but shall not waivebe obligated to do so), without waiving or release releasing Tenant from, from any of the obligations of Tenant under this Lease, pay any such imposition or other sum or perform or pay others to perform such other covenant or agreement, provided that Landlord shall not be required to give said prior written notice to Tenant in this Lease containedthe case of repairs to the Leased Premises which must be made immediately to prevent or limit damage to the Leased Premises and which Tenant does not make upon demand by Landlord. All sums so paid by Landlord shall be deemed additional rent hereunder and all reasonably necessary and incidental costs and expenses in connection with the performance of any such act by Landlord shall, except as otherwise in this Lease expressly provided, shall be payable to Landlord on demand, and or at the option of Landlord may be added to any rent then due or thereafter becoming due under this Lease. Tenant covenants to pay or cause to be paid to Landlord any such sum or sums promptly, with interest thereon at the rate of eighteen (18%) per cent per annum from the date of payment by Landlord; and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “due notice” and may proceed as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be requiredrent.

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. Tenant covenants and agrees that, that if it shall at any time fail to make any payment or perform any other act on its part to be made or performed as in this Lease provided, then LandlordLandlord may, in its sole discretion may after but shall not be obligated so to do, and with due notice to, to or demand uponupon Tenant, and without waiving or releasing Tenant and subject to the limitations set forth belowfrom any obligations of Tenant in this Lease contained, may make any such payment or perform any other act on the part of Tenant to be made and performed as in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rights, Landlord may rights to pay necessary and incidental costs and expenses, employ counsel, counsel and incur and pay reasonable attorneys’ attorney's fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease contained. All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses in connection with the performance of any such act by Landlord shallLandlord, together with interest thereon at the Default Interest Rate from the date of the making of such expenditure by Landlord, shall be deemed Additional Rent hereunder and, except as otherwise in this Lease expressly provided, shall be payable to Landlord on demanddemand or at the option of Landlord may be added to any rent then due or thereafter becoming due under this Lease, and Tenant covenants to pay any such sum or sums promptly, with interest as aforesaid and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever reasonably practicable, Landlord, before proceeding as provided in this Section 12.4Paragraph, shall give Tenant notice in writing of the failure of Tenant which that Landlord proposes to remedy, and shall allow to Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 fifteen (15) days from the giving of noticethe notice (unless such default cannot be reasonably cured within said fifteen (15) day period, in which event, if Tenant shall commence within said fifteen (15) day period and thereafter prosecute with diligence the curing of such default, said fifteen (15) day period shall be extended for such reasonable length of time as may be required to enable Tenant to cure such default) to remedy the failure itself and, and if the Tenant shall not remedy the failure in the time so allowed, the Landlord shall be deemed to have given “due notice” and may proceed as provided in this Section 12.4Paragraph; provided PROVIDED, HOWEVER, that nothing in this Section sentence shall prevent Landlord from acting without notice the Landlord's effecting forthwith any insurance coverage required to be and not effected by Tenant or Landlord's paying any premiums therefor in case time to prevent the cancellation or lapse of any such coverage in force, or any actions of Landlord in connection with any emergency wherein there is danger or immediate threat to property persons or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, property. Nothing contained in which event no notice shall be required.this

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. If Tenant covenants and agrees that, if it shall at any time fail to pay any Imposition or other charge in accordance with Article 5 within the time period therein permitted, or shall fail to pay for or maintain any of the insurance policies required in Article 9 within the time therein permitted, or shall fail to make any other payment or perform any other act on its part to be made or performed as in hereunder within the time permitted by this Lease providedLease, then Landlord, after thirty (30) days’ Notice to Tenant (or, in its sole discretion may after due notice tocase of an emergency, on such notice, or demand uponwithout notice, as may be reasonable under the circumstances), and without waiving or releasing Tenant and subject from any obligation of Tenant hereunder, may (but shall not be required to): (a) pay such Imposition or other charge payable by Tenant pursuant to the limitations set forth belowprovisions of Article 5, or (b) pay for and maintain such insurance policies provided for in Article 9, or (c) make any such other payment or perform any such other act on the Tenant’s part of Tenant to be made and or performed as provided in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rights, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease containedLease. All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses incurred by Landlord in connection with the performance of any such act act, together with interest thereon at a rate equal to the greater of (a) twelve percent (12%) per annum, or (b) five percent (5%) above the Prime Rate compounded quarterly (not to exceed, however, the maximum legal rate then permitted by Landlord shalllaw), except as otherwise in calculated from the respective dates of Landlord’s making of each such payment or incurring of each cost or expense, shall constitute Additional Rent payable by Tenant under this Lease expressly provided, and shall be payable paid by Tenant to Landlord on demand, and Tenant covenants to pay any such sum or sums promptly, and . Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies not be limited in the event proof of any damages that Landlord may claim against Tenant arising out of or by reason of Tenant’s failure to provide and keep in force insurance as aforesaid, to the amount of the non-payment thereof insurance premium or premiums not paid or incurred by Tenant and that would have been payable upon such insurance, but Landlord shall also be entitled to recover as damages for such breach, the uninsured amount of any loss (to the extent of any deficiency in the case insurance required by the provisions of default this Lease), damages, costs and expenses of suit, including attorneys’ fees, suffered or incurred by Tenant reason of damage to, or destruction of, the Project Improvements, occurring during any period in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed have failed or neglected to have given “due notice” and may proceed provide insurance as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be requiredaforesaid.

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. Tenant covenants and agrees that, that if it shall Tenant at any time fail fails to make pay any payment amount then required to be paid by Tenant under this Lease, or if Tenant fails to perform any other act covenant or agreement on its Tenant's part required to be made or performed as in this Lease providedperformed, then Landlord, in its sole discretion may after due thirty (30) days' written notice to, or to and demand upon, upon Tenant and subject to the limitations set forth below, make any payment or perform any other act on the part of Tenant to be made and performed as in this Lease provided, in which is not complied with during such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rights30-day period, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article (but shall not waivebe obligated to do so), without waiving or release releasing Tenant from, from any of the obligations of Tenant under this Lease, pay any such imposition or other sum or perform or pay others to perform such other covenant or agreement, provided that Landlord shall have no such rights to pay or perform Tenant's obligations under this Section 10.3 if Tenant's failure cannot reasonably be cured within such thirty (30) day period and if Tenant is diligently attempting to cure same, and provided that Landlord shall not be required to give prior written notice to Tenant in this Lease containedthe case of repairs to the Leased Premises which must be made immediately to prevent or limit damage to the Leased Premises and which Tenant does not make upon demand by Landlord. All sums so paid by Landlord shall be deemed additional rent hereunder and all reasonably necessary and incidental costs and expenses in connection with the performance of any such act by Landlord shall, except as otherwise in this Lease expressly provided, shall be payable to Landlord on demand, and Tenant covenants to pay any such sum or sums promptly, and at the option of Landlord shall have (in addition may be added to any other right rent then due or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in thereafter becoming due under this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “due notice” and may proceed as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be requiredLease.

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. Section 8.1 Tenant covenants and agrees that, if it shall at any time fail to pay any tax or excise on rents or other tax as defined and provided for in this Lease, or fail to pay any imposition pursuant to the provisions of Article 6 above, or fail to take-out, pay for, carry, maintain, or deliver to Landlord any of the insurance policies or certificates provided for in Article 7 above, or fail to make any other payment or perform any other act on its part to be made paid or performed as in this Lease is provided, then LandlordLandlord may, but shall not be obligated so to do, without waiving or releasing Tenant from any obligation of Tenant in its sole discretion may after due notice tothis Lease contained, pay any such tax or excise on rents or imposition, effect any such insurance coverage and pay premiums therefor, or demand upon, Tenant and subject to the limitations set forth below, make any other payment or perform any other act on the part of Tenant to be made and paid or performed as is in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirable. Any and all obligations, and in exercising any such rights, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The expenses incurred by Landlord in making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease contained. All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses in connection with the performance of any such act by Landlord shallact, together with interest thereon at the rate of twelve percent (12%) per annum from the date on which the same were paid, shall be deemed additional rent hereunder and, except as is otherwise in this Lease expressly provided, shall be payable to Landlord on demanddemand or, at the option of Landlord, may be added to any rent then due or thereafter becoming due under this Lease, and Tenant covenants to pay any such sum or sums promptly, with interest as aforesaid and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment nonpayment thereof by Tenant as in the case of the default by Tenant in the payment of annual net rent due hereunder. Notwithstanding anything contained above, Landlord shall not pay any such tax or excise on rents or imposition, effect any such insurance coverage and pay premiums therefor, or make any other payment or perform any other act on the Base Rent. Whenever practicable, Landlord, before proceeding part of Tenant to be paid or performed as provided is in this Section 12.4Lease provided, until such time as Landlord shall give have provided Tenant with written notice of Tenant's default and Tenant shall fail to cure the same within thirty (30) days thereafter, provided that, in writing the case of a non-monetary default which cannot with due diligence be cured within a thirty (30) day period, the failure time of Tenant within which Landlord proposes to remedy, and cure the same shall allow Tenant be extended for such length of time period as may be reasonable in necessary to complete the circumstances, consistent same with any grace periods contained herein, but not exceeding 30 days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “all due notice” and may proceed as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be requireddiligence.

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. 12. Without limiting or waiving any other rights and remedies of Landlord hereunder, if Landlord determines that the Tenant is not adequately performing or has failed to perform any of its obligations, covenants or agreements contained in this Lease and such inadequacy or failure is not cured within any applicable grace or cure period, or if any action or proceeding of any kind (including, but not limited to, any bankruptcy, insolvency, arrangement), then Landlord may, at its option, with or without notice to Tenant, make any appearances, disburse or advance any sums and take any actions as may be necessary or desirable to remedy the failure of Tenant to perform its covenants and agreements. Tenant agrees thatto pay on demand all expenses of Landlord reasonably incurred with respect to the foregoing (including, if it but not limited to, fees and disbursements of counsel), together with interest thereon at the Interest Rate from and after the date on which Landlord incurs such expenses until reimbursement thereof by Tenant. Any such expenses so incurred by Landlord, together with interest thereon shall be additional rent hereunder. The necessity for any such actions and of the amounts to be paid shall be determined by Landlord in its reasonable discretion. Landlord is hereby empowered to enter and to authorize others to enter upon the Property or any part thereof for the purpose of performing or observing any such defaulted term, covenant or condition without thereby becoming liable to Tenant or any person in possession holding under Tenant. Tenant hereby acknowledges and agrees that the remedies set forth in this Article 12 shall be exercisable by Landlord, and any payments made or costs or expenses incurred by Landlord in connection therewith shall be, immediately repaid by Tenant with interest thereon at the Interest Rate, notwithstanding the fact that such remedies were exercised and such payments made and costs incurred by Landlord after the filing by Tenant of a voluntary case or the filing against Tenant of an involuntary case pursuant to or within the meaning of the Bankruptcy Reform Act of 1978, as amended (the “Act”), Title 11 U.S.C., or after any similar action. In furtherance and not in limitation of the foregoing, Tenant shall at any time fail to pay any Tax pursuant to the provisions of Article 3 hereof, or to take out, pay for, maintain or deliver any of the insurance provided for in Article 10 hereof, or shall fail to make any other payment or perform under this Lease, then Landlord may, without waiving or releasing Tenant from any obligations of Tenant in this Lease contained, pay any such Tax, effect any such insurance coverage and pay premiums therefor, and make any other payment or perform any other act on its part which Tenant is obligated to be made or performed as in perform under this Lease provided, then Landlord, in its sole discretion may after due notice to, or demand upon, Tenant and subject to the limitations set forth below, make any payment or perform any other act on the part of Tenant to be made and performed as in this Lease providedLease, in such manner and to such extent as Landlord may reasonably shall, in its sole discretion, deem desirable, and in necessary. In exercising any such rights, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay expenses including reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease contained. All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses in connection with the performance of any such act by Landlord shallLandlord, except as otherwise in this Lease expressly providedincluding Landlord’s reasonably incurred attorney’s fees and disbursements together with interest thereon at the Interest Rate, shall be payable by Tenant to Landlord on demand, and Tenant covenants to pay any such sum or sums promptly, and . Landlord shall have (in addition no obligation to any other right or remedy of Landlord) the same rights perform on Tenant’s behalf and remedies in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which if Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so alloweddoes so, Landlord shall not be deemed to have given “due notice” and may proceed as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice liable to Tenant in case of for any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be requireddamage resulting from its actions.

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. SECTION 12.01. Tenant covenants and agrees that, that if it shall at any time fail to make pay any payment Tax pursuant to the provisions of Article Three hereof, or to take out, pay for, maintain or deliver any of the insurance perform any other act on its part which Tenant is obligated to be made make or performed as in perform under this Lease providedLease, then LandlordLandlord may, in its sole discretion may after due notice towithout waiving, or demand upon, Tenant and subject to the limitations set forth below, make any payment or perform any other act on the part of Tenant to be made and performed as in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rights, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release releasing Tenant from, any obligations of Tenant in this Lease contained, pay any such Tax, effect any such insurance coverage and pay premiums therefor, and make any other payment or perform any other act which Tenant is obligated to perform under this Lease, in such manner and to such extent as shall be necessary, and, in exercising any such rights, pay necessary and incidental costs and expenses, employ counsel and incur and pay reasonable attorneys’ fees. All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses in connection with the performance of any such act by Landlord shallLandlord, together with interest thereon at a rate of twelve percent (12%) per annum from the date of the making of such expenditure by Landlord, shall be deemed additional rent hereunder and, except as otherwise in this Lease expressly provided, shall be payable to Landlord on demanddemand or at the option of Landlord may be added to any rent then due or thereafter becoming due under this Lease, and Tenant covenants to pay any such sum or sums promptly, with interest as aforesaid and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “due notice” and may proceed as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be requiredrent.

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. Tenant covenants and agrees that, if it shall at any time fail to make any payment or perform any other act on its part to be made or performed as in this Lease provided, then Landlord, in its sole discretion may after due notice to, or demand upon, Tenant and subject to the limitations set forth belowTenant, make any payment or perform any other act on the part of Tenant to be made and performed as in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rights, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ ' fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease contained. All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses in connection with the performance of any such act by Landlord shall, except as otherwise in this Lease expressly provided, be payable to Landlord on demand, and Tenant covenants to pay any such sum or sums promptly, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 ten (10) days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “"due notice” " and may proceed as provided in this Section 12.4; provided provided, however, that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be required.

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. SECTION 12.01. Tenant covenants and agrees that, that if it shall at any time fail to pay any Tax pursuant to the provisions of Article Three hereof, or to take out, pay for, maintain or deliver any of the insurance policies provided for in Article Ten hereof, or shall fail to make any other payment or perform any other act on its part which Tenant is obligated to be made make or performed as in perform under this Lease providedLease, then LandlordLandlord may, in its sole discretion may after due notice towithout waiving, or demand upon, Tenant and subject to the limitations set forth below, make any payment or perform any other act on the part of Tenant to be made and performed as in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rights, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release releasing Tenant from, any obligations of Tenant in this Lease contained, pay any such Tax, effect any such insurance coverage and pay premiums therefor, and make any other payment or perform any other act which Tenant is obligated to perform under this Lease, in such manner and to such extent as shall be necessary, and, in exercising any such rights, pay necessary and incidental costs and expenses, employ counsel and incur and pay reasonable attorneys’ fees. All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses in connection with the performance of any such act by Landlord shallLandlord, together with interest thereon at a rate of twelve percent (12%) per annum from the date of the making of such expenditure by Landlord, shall be deemed additional rent hereunder and, except as otherwise in this Lease expressly provided, shall be payable to Landlord on demanddemand or at the option of Landlord may be added to any rent then due or thereafter becoming due under this Lease, and Tenant covenants to pay any such sum or sums promptly, with interest as aforesaid and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “due notice” and may proceed as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be requiredrent.

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. Tenant covenants and agrees thatIf an Event of Default shall occur, if it shall at any time fail to make any payment or perform any other act on its part to be made or performed as in this Lease provided, then Landlord, in its sole discretion may after due notice to, or demand upon, Tenant and subject to the limitations set forth belowTenant, make any payment or perform any other act on the part of Tenant to be made and performed as in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rights, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease contained. All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses in connection with the performance of any such act by Landlord shall, except as otherwise in this Lease expressly provided, be payable to Landlord on demand, and Tenant covenants to pay any such sum or sums promptly, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 ten days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “due notice” and may proceed as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements Legal Requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be required.

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. Tenant covenants and agrees that, that if it shall at any time fail is in Default of its obligation to make any payment or in Default of its obligation to perform any other act on its part to be made or performed as provided in this Lease providedLease, then LandlordLandlord may, but shall not be obligated, so to do, and (i) without notice to or demand upon Tenant in its sole discretion may after due notice tothe event of emergency or to prevent any sale, forfeiture, foreclose or damage to the Premises, or demand upon(ii) otherwise after ten (10) days additional written notice to Tenant, and in any event without waiving or releasing Tenant and subject to the limitations set forth belowfrom any obligations of Tenant contained in this Lease, make any payment or perform any other act on the part of Tenant to be made and performed as provided in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rights, Landlord may rights to pay necessary and incidental costs and expenses, expenses may employ counsel, counsel and incur and pay reasonable attorneys’ attorney’s fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease contained. All reasonable sums so paid by Landlord and all reasonably reasonable and necessary and incidental costs and expenses in connection with the performance of any such act by Landlord shallLandlord, together with interest thereon at the Default Rate from the date of the making of such expenditure by Landlord, shall be deemed Additional Rent hereof and, except as otherwise expressly provided in this Lease expressly providedLease, shall be payable to Landlord on demanddemand or at the option of Landlord may be added to any Rent then due or thereafter becoming due under this Lease, and Tenant covenants to pay any such sum or sums promptlysums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case of default a failure by Tenant in the payment of the Base to pay Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “due notice” and may proceed as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be required.