Common use of PERFORMANCE BY TENANT Clause in Contracts

PERFORMANCE BY TENANT. 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. If (i) Tenant shall, prior to delinquency, fail to pay any sum of money owed to any party other than Landlord, for which it is liable hereunder, and such failure shall continue for ten (10) days after notice thereof by Landlord, or (ii) if Tenant shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue for thirty (30) days after notice thereof by Landlord (or such longer reasonable cure period if more than thirty (30) days are reasonably required for such cure and Tenant commences cure within such thirty (30) day period and diligently prosecutes such cure to completion), Landlord may upon notice to Tenant, without waiving or releasing Tenant from obligations of Tenant, but shall not be obligated to, make any such payment or perform any such other act to be made or performed by Tenant. All sums so paid by Landlord and all necessary incidental costs together with interest thereon at the maximum rate permissible by law, from the date of such payment by Landlord, shall be payable to Landlord on demand. Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) all rights and remedies in the event of the non-payment thereof by Tenant as are set forth in Paragraph 25.

PERFORMANCE BY TENANT. 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, except as expressly provided elsewhere in this Lease. If (i) Tenant shall, prior to delinquency, tenant shall fail to pay any sum of money owed to any party money, other than Landlordrent, for which required to be paid by it is liable hereunder, and such failure shall continue for ten (10) days after notice thereof by Landlord, hereunder or (ii) if Tenant shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue for thirty (30) days after beyond any applicable cure periods following notice thereof by Landlord (or such longer reasonable cure period if more than thirty (30) days are reasonably required for such cure and Tenant commences cure within such thirty (30) day period and diligently prosecutes such cure to completion)Landlord, Landlord may upon notice to Tenantmay, without waiving or releasing Tenant from obligations of Tenant, but shall not be obligated to, make any such payment or perform any such other act on Tenant's part to be made or performed by Tenantas in this Lease; provided, however, that if, in Landlord's reasonable, good faith judgment, such failure on the part of Tenant may, if the same persists, constitutes an emergency, a threat to other persons or property, or would result in substantially greater loss (either financial or with respect to damaged property), the grace period provided for hereunder before Landlord shall have the right to exercise its rights as set forth above shall be two (2) business days. All sums so paid by Landlord and all necessary incidental costs together with interest thereon at the maximum rate permissible by lawInterest Rate, from the date of such payment by Landlord, shall be payable to Landlord on demand. Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) all the same rights and remedies in the event of the non-payment thereof by Tenant as are set forth in Paragraph 25the case of default by Tenant in the payment of the rent. Therefore, if any monthly installment of Annual Basic Rent or any other payment due hereunder is not received by Landlord by the date when due, it shall bear interest at the interest Rate from the date on which it is due until the date on which it is paid regardless of whether or not a notice of default or notice of termination has been given by Landlord.

PERFORMANCE BY TENANT. 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. If (i) Tenant shall, prior to delinquency, shall fail to pay any sum of money owed to any party money, other than LandlordAnnual Basic Rent, for which required to be paid by it is liable hereunder, and such failure shall continue for ten (10) days after notice thereof by Landlord, hereunder or (ii) if Tenant shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue for thirty ten (3010) days after notice thereof by Landlord (or such longer reasonable cure period if more than thirty (30) days are reasonably required for such cure and Tenant commences cure within such thirty (30) day period and diligently prosecutes such cure to completion)Landlord, Landlord may upon notice to Tenantmay, without waiving or releasing Tenant from obligations of Tenant, but shall not be obligated to, make any such payment or perform any such other act on Tenant's part to be made or performed by Tenantas in this Lease provided. All sums so paid by Landlord and all necessary incidental costs together with interest thereon at the maximum rate permissible by lawprovided in Paragraph 53 below, from the date of such payment by Landlord, until paid, shall be payable to Landlord on demand. Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) all the same rights and remedies in the event of the non-payment thereof by Tenant as are set forth in Paragraph 25the case of default by Tenant in the payment of the Annual Basic Rent. Tenant acknowledges that late payment by Tenant to Landlord of any sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any lease, encumbrance, note or other commitment covering the premises. Therefore, if any payment due from Tenant is not received by Landlord when due, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue payment as a late charge. The parties agree that this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of late payment by Tenant. Acceptance of any late charge shall not constitute a waiver of Tenant default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. Further, following any second consecutive late payment of rent, Landlord shall have the option to require that beginning with the first payment of rent due following the date such late payment was due, rent shall no longer be paid in monthly installments but shall be payable three (3) months in advance.

PERFORMANCE BY TENANT. 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 ’s sole cost and expense and without any abatement of rent. If (i) Tenant shall, prior to delinquency, shall fail to pay any sum of money owed to any party money, other than LandlordAnnual Basic Rent, for which required to be paid by it is liable hereunder, and such failure shall continue for ten (10) days after notice thereof by Landlord, hereunder or (ii) if Tenant shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue for thirty ten (3010) days after notice thereof by Landlord (or such longer reasonable cure period if more than thirty (30) days are reasonably required for such cure and Tenant commences cure within such thirty (30) day period and diligently prosecutes such cure to completion)Landlord, Landlord may upon notice to Tenantmay, without waiving or releasing Tenant from obligations of Tenant, but shall not be obligated to, make any such payment or perform any such other act on Tenant’s part to be made or performed by Tenantas in this Lease provided. All sums so paid by Landlord and all necessary incidental costs together with interest thereon at the maximum rate permissible by lawprovided in Paragraph 53 below, from the date of such payment by Landlord, until paid, shall be payable to Landlord on demand. Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) all the same rights and remedies in the event of the non-payment thereof by Tenant as are set forth in the case of default by Tenant in the payment of the Annual Basic Rent. Tenant acknowledges that late payment by Tenant to Landlord of any sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any lease, encumbrance, note or other commitment covering the premises. Therefore, if any payment due from Tenant is not received by Landlord when due, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue payment as a late charge. The parties agree that this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of late payment by Tenant. Acceptance of any late charge shall not constitute a waiver of Tenant default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. Further, following any second consecutive late payment of rent, Landlord shall have the option: (a) to require that beginning with the first payment of rent due following the date such late payment was due, rent shall no longer be paid in monthly installments but shall be payable three (3) months in advance; or (b) to require that Tenant increase the amount of the Security Deposit required under Paragraph 257 hereinabove by one hundred percent (100%), which additional Security Deposit shall be retained by Landlord and may be applied by Landlord in the manner provided in said Paragraph 7.