Common use of RIGHT OF LANDLORD TO PERFORM Clause in Contracts

RIGHT OF LANDLORD 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 Monthly Base Rent or Additional Charges. If Tenant fails to pay any sum of money, other than Monthly Base Rent or Additional Charges for Expenses and Taxes, required to be paid by it hereunder or fails to perform any other act on its part to be performed hereunder (including, without limitation, Tenant’s obligation to maintain and repair the Premises pursuant to Paragraph 8(b)), regardless of whether such failure has become a Default hereunder, and either (i) such failure continues, and Tenant does not commence cure of such failure, for ten (10) days after notice thereof by Landlord as provided in Paragraph 20(a) (except in the event of emergency, when no notice or cure period shall be required), or (ii) having commenced such cure Tenant does not diligently prosecute the curing thereof, or (iii) default under the Ground Lease or any Mortgage or other Encumbrance is, in Landlord’s reasonable judgment, likely to occur due to Tenant’s failure to cure such failure in a timely manner, or (iv) if Landlord is, in Landlord’s reasonable business judgment, in a better position to accomplish such cure or can accomplish such cure in a more efficient or cost effective manner than Tenant, then in any such situation Landlord may, but shall not be obligated so to do, and without waiving 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 and costs so incurred by Landlord, together with interest thereon at the Default Rate from the date Landlord makes such payment or incurs such cost, shall be payable as Additional Charges to Landlord within thirty (30) days after receipt by Tenant of a xxxx or statement therefor.

RIGHT OF LANDLORD 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 Monthly Base Rent or Additional Charges. If Tenant fails to pay make any sum of money, payment required hereunder (other than Monthly Base Rent or and Additional Charges for Expenses and Taxes, required to be paid by it hereunder Rent) or fails to perform any other act on of its part to be performed hereunder (including, without limitation, Tenant’s obligation to maintain and repair the Premises pursuant to Paragraph 8(b)), regardless of whether such failure has become a Default obligations hereunder, and either (i) such failure continues, and Tenant does not commence cure of such failure, for ten (10) days after notice thereof by Landlord as provided in Paragraph 20(a) (except in the event of emergency, when no notice or cure period shall be required), or (ii) having commenced such cure Tenant does not diligently prosecute the curing thereof, or (iii) default under the Ground Lease or any Mortgage or other Encumbrance is, in Landlord’s reasonable judgment, likely to occur due to Tenant’s failure to cure such failure in a timely manner, or (iv) if Landlord is, in Landlord’s reasonable business judgment, in a better position to accomplish such cure or can accomplish such cure in a more efficient or cost effective manner than Tenant, then in any such situation Landlord may, but shall not be obligated so to doobliged to, and without waiving any default of Tenant or releasing Tenant from any obligations of Tenantto Landlord hereunder, make any such payment or perform any other such act obligation on Tenant’s part behalf after ten (10) days’ prior written notice to be made Tenant that Landlord intends to make payment or performed as perform such obligation (provided in this Leasethat if the failure is other than the non-payment of Rent and Tenant commences to cure the failure prior to the expiration of such ten (10) day period following delivery of Landlord’s notice to Tenant that Landlord intends to perform the obligation, and Tenant thereafter diligently continues with such cure to completion, Landlord shall not perform such obligation itself, unless Landlord determines that Landlord must take immediate action to protect the health or safety of persons or property or the rights of other tenants Building under their respective leases). All Tenant shall pay to Landlord, within ten (10) days of Landlord’s written demand therefor, one hundred ten percent (110%) of all sums so paid by Landlord and all necessary incidental costs so incurred by LandlordLandlord in connection with the performance by Landlord of an obligation of Tenant. If such sum is not paid by Tenant within the required ten (10) day period, together with interest thereon shall accrue on such sum at the Default Interest Rate from the date Landlord makes end of such ten (10) day period until paid by Tenant. Further, Tenant’s failure to make such payment or incurs within such cost, ten (10) day period shall be payable as Additional Charges entitle Landlord to the same rights and remedies provided Landlord within thirty (30) days after receipt by Tenant in the event of a xxxx or statement therefornon-payment of rent.

RIGHT OF LANDLORD 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 Monthly Base Rent or Additional Chargesrent (except as otherwise expressly provided herein). If Tenant fails shall fail to pay any sum of money, other than Monthly Base Rent or Additional Charges for Expenses and Taxesrent, required to be paid by it hereunder or fails shall fail to perform any other act on its part to be performed hereunder (including, without limitation, Tenant’s obligation to maintain and repair the Premises pursuant to Paragraph 8(b)obligations under Section 9(b) above), regardless of whether and such failure has become a Default hereunder, and either (i) such failure continues, and Tenant does not commence cure of such failure, for ten (10) days after notice thereof by Landlord as provided in Paragraph 20(a) (except in the event of emergency, when no notice or shall continue beyond any applicable cure period shall be required)set forth in this Lease, or (ii) having commenced such cure Landlord may provide Tenant does not diligently prosecute the curing thereof, or (iii) default under the Ground Lease or any Mortgage or other Encumbrance is, in Landlord’s reasonable judgment, likely to occur due to Tenant’s a notice stating clearly that a failure to cure such failure in a timely mannerrespond to this notice shall permit Landlord to exercise its rights under this Section 30(m). If Tenant fails to then take corrective action within five (5) business days thereafter, or (iv) if Landlord is, in Landlord’s reasonable business judgment, in a better position to accomplish such cure or can accomplish such cure in a more efficient or cost effective manner than Tenant, then in any such situation Landlord may, but shall not be obligated so to doto, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant’s part to be made or performed as provided is in this LeaseLease provided. All sums so paid by Landlord and costs so incurred by Landlordall reasonable incidental costs, together with interest thereon at the Default Rate rate specified in Section 20(e) above from the date Landlord makes of such payment or incurs such costby Landlord, shall be payable as Additional Charges to Landlord within thirty on demand and Tenant covenants to pay any such sums, and Landlord shall have (30in addition to any other right or remedy of Landlord) days after receipt the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of a xxxx or statement therefordefault by Tenant in the payment of the rent.

RIGHT OF LANDLORD 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 Monthly Base Rent or Additional Charges. If Tenant fails to pay shall default in the payment of any sum of money, other than Monthly Base Rent or Additional Charges for Expenses and TaxesCharges, required to be paid by it hereunder or fails shall fail to perform any other act on its part to be performed hereunder (including, without limitation, Tenant’s obligation to maintain and repair the Premises and Building Systems pursuant to Paragraph 8(b7(b)), regardless of whether such failure has become a Default hereunder, and either (i) such failure continues, and Tenant does not commence cure of such failure, for ten (10) days after notice thereof by Landlord as provided in Paragraph 20(a19(a) (except in the event of emergency, when no notice or cure period shall be requiredrequired but Landlord shall make reasonable good faith efforts to notify Tenant prior to commencing such emergency cure), or (ii) having commenced such cure Tenant does not diligently prosecute the curing thereof, or (iii) default under the Ground Lease or any Mortgage or other Encumbrance is, in Landlord’s reasonable judgment, likely to occur due to Tenant’s failure to cure such failure in a timely manner, or (iv) if Landlord is, in Landlord’s reasonable business judgment, in a better position to accomplish such cure or can accomplish such cure in a more efficient or cost cost-effective manner than Tenant, or (iv) if a default under any Mortgage is, in Landlord’s reasonable judgment, likely to occur due to Tenant’s failure to cure such failure in a timely manner, then in any such situation Landlord may, but shall not be obligated so to do, and without waiving 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 and costs so incurred by Landlord, together with interest thereon at the Default Rate from the date Landlord makes such payment or incurs such cost, shall be payable as Additional Charges to Landlord within thirty (30) days after receipt by Tenant of a xxxx or statement therefor.

RIGHT OF LANDLORD 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 's sole cost and expense and without any abatement of Monthly Base Rent or Additional Charges. If Tenant fails to pay shall default in the payment of any sum of money, other than Monthly Base Rent or Additional Charges for Expenses and TaxesCharges, required to be paid by it hereunder or fails shall fail to perform any other act on its part to be performed hereunder (including, without limitation, Tenant’s 's obligation to maintain and repair the Premises and Building Systems pursuant to Paragraph 8(b7(b)), regardless of whether such failure has become a Default hereunder, and either (i) such failure continues, and Tenant does not commence cure of such failure, for ten (10) days after notice thereof by Landlord as provided in Paragraph 20(a19(a) (except in the event of emergency, when no notice or cure period shall be requiredrequired but Landlord shall make reasonable good faith efforts to notify Tenant prior to commencing such emergency cure), or (ii) having commenced such cure Tenant does not diligently prosecute the curing thereof, or (iii) default under the Ground Lease or any Mortgage or other Encumbrance is, in Landlord’s reasonable judgment, likely to occur due to Tenant’s failure to cure such failure in a timely manner, or (iv) if Landlord is, in Landlord’s 's reasonable business judgment, in a better position to accomplish such cure or can accomplish such cure in a more efficient or cost cost-effective manner than Tenant, or (iv) if a default under any CCRs, other Encumbrance or Mortgage is, in Landlord's reasonable judgment, likely to occur due to Tenant's failure to cure such failure in a timely manner, then in any such situation Landlord may, but shall not be obligated so to do, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such act on Tenant’s 's part to be made or performed as provided in this Lease. All sums so paid and costs so incurred by Landlord, together with interest thereon at the Default Rate from the date Landlord makes such payment or incurs such cost, shall be payable as Additional Charges to Landlord within thirty (30) days after receipt by Tenant of a xxxx bill or statement therefor.

RIGHT OF LANDLORD 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 Monthly Base Rent or Additional Charges, except as expressly set forth to the contrary in this Lease. If Tenant fails to pay shall default in the payment of any sum of money, other than Monthly Base Rent or Additional Charges for Expenses and TaxesCharges, required to be paid by it hereunder or fails shall fail to perform any other act on its part to be performed hereunder (including, without limitation, Tenant’s obligation to maintain and repair the Premises and Building Systems pursuant to Paragraph 8(bSection 9.2)), regardless of whether such failure has become a Default hereunder, and either (i) such failure continues, and Tenant does not commence cure of such failure, for ten (10) days after notice thereof by Landlord as provided in Paragraph 20(a) Section 20.1.2 (except in the event of emergency, when no notice or cure period shall be requiredrequired but Landlord shall make reasonable good faith efforts to notify Tenant prior to commencing such emergency cure), or (ii) having commenced such cure Tenant does not diligently prosecute the curing thereof, or (iii) default under the Ground Lease or any Mortgage or other Encumbrance is, in Landlord’s reasonable judgment, likely to occur due to Tenant’s failure to cure such failure in a timely manner, or (iv) if Landlord is, in Landlord’s reasonable business judgment, in a better position to accomplish such cure or can accomplish such cure in a more efficient or cost cost-effective manner than Tenant, or (iv) if a default under any Mortgage is, in Landlord’s reasonable judgment, likely to occur due to Tenant’s failure to cure such failure in a timely manner, then in any such situation Landlord may, but shall not be obligated so to do, and without waiving 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 and costs so incurred by Landlord, together with interest thereon at the Default Rate from the date Landlord makes such payment or incurs such cost, shall be payable as Additional Charges to Landlord within thirty (30) days after receipt by Tenant of a xxxx or statement therefor.

RIGHT OF LANDLORD 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 's sole cost and expense and without any abatement of Monthly Base Rent or Additional Charges. If Tenant fails to pay any sum of money, other than Monthly Base Rent or Additional Charges for Expenses and or Real Estate Taxes, required to be paid by it hereunder to a person other than Landlord, or if Tenant fails to perform any other act on its part to be performed hereunder (including, without limitation, Tenant’s obligation to maintain and repair the Premises pursuant to Paragraph 8(b))hereunder, regardless of whether such failure has become a Default hereunder, hereunder and either (i) such failure continues, and Tenant does not commence cure of such failure, for ten (10) days after notice thereof by Landlord as provided in Paragraph 20(a19(a) (except in the event of emergency, when no notice or cure period shall be requiredrequired but Landlord shall make reasonable good faith efforts to notify Tenant prior to commencing such emergency cure), or (ii) having commenced such cure Tenant does not diligently prosecute the curing thereof, or (iii) default under the Ground Lease or any Mortgage or other Encumbrance is, in Landlord’s reasonable judgment, likely to occur due to Tenant’s failure to cure such failure in a timely manner, or (iv) if Landlord is, in Landlord’s 's reasonable business judgment, in a better position to accomplish such cure or can accomplish such cure in a more efficient or cost cost-effective manner than Tenant, or (iv) if a default under the DAA, Parking REA, any CC&Rs, any other Encumbrance, or any Mortgage is, in Landlord's reasonable judgment, likely to occur due to Tenant's failure to cure such failure in a timely manner, then in any such situation Landlord may, but shall not be obligated so to do, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such act on Tenant’s 's part to be made or performed as provided in this Lease. All sums so paid and costs so incurred by Landlord, together with interest thereon at the Default Rate from the date Landlord makes such payment or incurs such cost, shall be payable as Additional Charges to Landlord within thirty (30) days after receipt by Tenant of a xxxx or statement therefor.

RIGHT OF LANDLORD 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 Monthly Base Rent or Additional Charges. If Tenant fails to pay shall default in the payment of any sum of money, other than Monthly Base Rent or Additional Charges for Expenses and TaxesCharges, required to be paid by it hereunder or fails shall fail to perform any other act on its part to be performed hereunder (including, without limitation, Tenant’s obligation to maintain and repair the Premises and Building Systems pursuant to Paragraph 8(b7(b)), regardless of whether such failure has become a Default hereunder, and either (i) such failure continues, and Tenant does not commence cure of such failure, for ten (10) days after notice thereof by Landlord as provided in Paragraph 20(a19(a) (except in the event of emergency, when no notice or cure period shall be requiredrequired but Landlord shall make reasonable good faith efforts to notify Tenant prior to commencing such emergency cure), or (ii) having commenced such cure Tenant does not diligently prosecute the curing thereof, or (iii) default under the Ground Lease or any Mortgage or other Encumbrance is, in Landlord’s reasonable judgment, likely to occur due to Tenant’s failure to cure such failure in a timely manner, or (iv) if Landlord is, in Landlord’s reasonable business judgment, in a better position to accomplish such cure or can accomplish such cure in a more efficient or cost cost-effective manner than Tenant, or (iv) if a default under any Mortgage is, in Landlord’s reasonable judgment, likely to occur due to Tenant’s failure to cure such failure in a timely manner, then in any such situation Landlord may, but shall not be obligated so to do, and without waiving 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 and costs so incurred by Landlord, together with interest thereon at the Default Rate from the date Landlord makes such payment or incurs such cost, shall be payable as Additional Charges to Landlord within thirty (30) days after receipt by Tenant of a xxxx bxxx or statement therefor.

RIGHT OF LANDLORD 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 's sole cost and expense and without any abatement of Monthly Base Rent or Additional ChargesRent. If Tenant fails shall fail to pay any sum of money, money (other than Monthly Base Rent or Additional Charges for Expenses and Taxes, due Landlord) required to be paid by it hereunder or fails shall fail to perform any other act on its part to be performed hereunder (including, without limitation, Tenant’s obligation to maintain and repair the Premises pursuant to Paragraph 8(b)), regardless of whether such failure has become a Default hereunder, and either (i) such failure continuesshall continue for five (5) days following receipt of detailed notice from Landlord including, but not limited to, the failure to commence and complete repairs promptly and adequately, and Tenant does not commence cure of such failure, for ten (10) days after notice thereof by Landlord as provided in Paragraph 20(a) (except in the event of emergency, when no notice or cure period shall be required), or (ii) having commenced such cure Tenant does not diligently prosecute the curing thereof, or (iii) default under the Ground Lease or any Mortgage or other Encumbrance is, in Landlord’s reasonable judgment, likely to occur due to Tenant’s failure to cure such failure in a timely mannerremove any liens or otherwise to perform any act or fulfill any obligation required of Tenant under this Lease, or (iv) if Landlord is, in Landlord’s reasonable business judgment, in a better position to accomplish such cure or can accomplish such cure in a more efficient or cost effective manner than Tenant, then in any such situation Landlord may, but shall not be obligated so to doto, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such act on Tenant’s 's part to be made or performed as provided in this LeaseLease provided. Notwithstanding the foregoing, Landlord shall not be required to give Tenant written notice prior to performing on Tenant's behalf in the event of an emergency. All sums so paid by Landlord and costs so incurred by Landlordall necessary incidental costs, together with interest thereon at an administrative overhead charge equal to twenty percent (20%) of the Default Rate from the date Landlord makes such payment or incurs such costactual costs incurred, shall be payable as Additional Charges to Landlord within thirty (30) days after receipt by Tenant as Rent on demand and Tenant covenants to pay all such sums. Landlord shall have (in addition to any other right or remedy of a xxxx or statement thereforLandlord) the same rights and remedies in the event of Tenant's nonpayment of such sums, as in the case of default by Tenant in the payment of Rent to Landlord. Notwithstanding the foregoing, except in the case of an emergency, Landlord agrees not to perform for Tenant's account until the expiration of all applicable notice and cure periods referenced in this Lease.

RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall will be performed by Tenant at Tenant’s 's sole cost and expense and without any abatement of Monthly Base Rent or Additional ChargesRent. If Tenant fails will fail to pay any sum of money, money (other than Monthly Base Rent or Additional Charges for Expenses and Taxes, due Landlord) required to be paid by it hereunder or fails will fail to perform any other act on its part to be performed hereunder (hereunder, including, without limitation, Tenant’s obligation the failure to maintain commence and repair the Premises pursuant to Paragraph 8(b)), regardless of whether such failure has become a Default hereundercomplete repairs promptly and adequately, and either (i) such failure continues, and Tenant does not commence cure of such failure, for ten (10) days after notice thereof by Landlord as provided in Paragraph 20(a) (except in the event of emergency, when no notice or cure period shall be required), or (ii) having commenced such cure Tenant does not diligently prosecute the curing thereof, or (iii) default under the Ground Lease or any Mortgage or other Encumbrance is, in Landlord’s reasonable judgment, likely to occur due to Tenant’s failure to cure such failure in a timely mannerremove any liens or otherwise to perform any act or fulfill any obligation required of Tenant under this Lease, or (iv) if Landlord is, in Landlord’s reasonable business judgment, in a better position to accomplish such cure or can accomplish such cure in a more efficient or cost effective manner than Tenant, then in any such situation Landlord may, but shall will not be obligated so to dodo so, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such act on Tenant’s 's part to be made or performed as provided in this LeaseLease provided. All sums so paid by Landlord and costs so incurred by Landlordall necessary incidental costs, together with an administrative charge in the amount of fifteen percent (15%) of any such sums and costs incurred by Landlord if the total thereof is less than or equal to One Thousand and 00/100ths Dollars ($1,000.00), ten percent (10%) of any such sums and costs incurred by Landlord if the total thereof is greater than One Thousand and 00/100ths Dollars ($1,000.00), but less than or equal to Five Thousand and 00/100ths Dollars ($5,000.00), and five percent (5%) of any such sums and costs incurred by Landlord if the total thereof is greater than Five Thousand and 00/100ths Dollars ($5,000.00), plus interest thereon at the Default Interest Rate accruing from the date paid or incurred by Landlord makes such payment or incurs such costuntil reimbursed to Landlord by Tenant, shall will be payable as Additional Charges to Landlord within thirty (30) days after receipt by Tenant as Rent on demand, and Tenant covenants to pay all of a xxxx the foregoing. Landlord will have (in addition to any other right or statement thereforremedy of Landlord) the same rights and remedies in the event of Tenant's nonpayment of such sums, as in the case of default by Tenant in the payment of Rent to Landlord.

RIGHT OF LANDLORD 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 Monthly Base Rent or Additional Charges. If Tenant fails to pay make any sum of money, payment required hereunder (other than Monthly Base Rent or Rent, Tenant’s Electrical Charge and Additional Charges for Expenses and Taxes, required to be paid by it hereunder Rent) or fails to perform any other act on of its part to be performed hereunder (including, without limitation, Tenant’s obligation to maintain and repair the Premises pursuant to Paragraph 8(b)), regardless of whether such failure has become a Default obligations hereunder, and either (i) such failure continues, and Tenant does not commence cure of such failure, for ten (10) days after notice thereof by Landlord as provided in Paragraph 20(a) (except in the event of emergency, when no notice or cure period shall be required), or (ii) having commenced such cure Tenant does not diligently prosecute the curing thereof, or (iii) default under the Ground Lease or any Mortgage or other Encumbrance is, in Landlord’s reasonable judgment, likely to occur due to Tenant’s failure to cure such failure in a timely manner, or (iv) if Landlord is, in Landlord’s reasonable business judgment, in a better position to accomplish such cure or can accomplish such cure in a more efficient or cost effective manner than Tenant, then in any such situation Landlord may, but shall not be obligated so to doobliged to, and without waiving any default of Tenant or releasing Tenant from any obligations of Tenantto Landlord hereunder, make any such payment or perform any other such act obligation on Tenant’s part behalf; provided, however, unless such failure by Tenant, in Landlord’s reasonable judgment, causes an unreasonable annoyance to be made other tenants of the Building, creates an unsafe condition for person or performed as provided in this Lease. All sums so paid and costs so incurred by Landlordproperty or may subject Landlord or any occupants of the Building to a penalty or liability under any Legal Requirement, together with interest thereon at Landlord may not make the Default Rate from the date Landlord makes such payment or incurs such cost, shall be payable as Additional Charges perform the obligation on Tenant’s behalf unless Landlord has provided Tenant with written notice of the failure to Landlord pay or perform and Tenant fails to correct the failure within thirty (30) days after receipt of such written notice or, if the failure cannot by its nature be cured within the 30 day period, if Tenant fails to commence to cure such noncompliance within the 30 day period and thereafter diligently prosecute such cure to completion or, in any event, if Tenant fails to complete the cure within ninety (90) days of the initial failure to perform. All sums so paid by Landlord and all necessary incidental costs in connection with the performance by Landlord of an obligation of Tenant (together with interest thereon from the date of such payment by Landlord until paid at the Interest Rate) shall be payable by Tenant to Landlord upon demand, and Tenant’s failure to make such payment upon demand shall entitle Landlord to the same rights and remedies provided Landlord in the event of a xxxx or statement therefornon-payment of rent.

RIGHT OF LANDLORD TO PERFORM. All terms, covenants and agreements conditions of this Lease to be performed or observed by Tenant under any of the terms of this Lease shall be performed or observed by Tenant at Tenant’s 's sole cost and expense and without any abatement reduction of Monthly Base Rent or Additional Chargesrent. If Tenant fails shall fail to pay any sum of money, or other than Monthly Base Rent or Additional Charges for Expenses and Taxesrent, required to be paid by it hereunder and such failure shall continue for five (5) days after written notice thereof by Landlord, or fails shall fail to perform any other act term or covenant hereunder on its part to be performed hereunder (includingperformed, without limitation, Tenant’s obligation to maintain and repair the Premises pursuant to Paragraph 8(b)), regardless of whether such failure has become a Default hereunder, and either shall continue for thirty (i) such failure continues, and Tenant does not commence cure of such failure, for ten (1030) days after written notice thereof by Landlord as provided in Paragraph 20(a) (except in the event Landlord, Landlord, without waiving or releasing Tenant from any obligation of emergencyTenant hereunder, when no notice or cure period shall be required), or (ii) having commenced such cure Tenant does not diligently prosecute the curing thereof, or (iii) default under the Ground Lease or any Mortgage or other Encumbrance is, in Landlord’s reasonable judgment, likely to occur due to Tenant’s failure to cure such failure in a timely manner, or (iv) if Landlord is, in Landlord’s reasonable business judgment, in a better position to accomplish such cure or can accomplish such cure in a more efficient or cost effective manner than Tenant, then in any such situation Landlord may, but shall not be obligated so to do, and without waiving or releasing Tenant from any obligations of Tenantto, make any such payment or perform any such act other term or covenant on Tenant’s 's part to be made or performed as provided in this Leaseperformed. All sums so paid by Landlord and all necessary costs so incurred of such performance by Landlord, Landlord together with interest thereon at the Default Rate rate of the prime rate of interest per annum as quoted by the Bank of America from the date Landlord makes of such payment or incurs such costperformance by Landlord, shall be payable as Additional Charges paid (and Tenant covenants to make such payment) to Landlord within thirty on demand by Landlord, and Landlord shall have (30in addition to any other right or remedy of Landlord) days after receipt the same rights and remedies in the event of nonpayment by Tenants as in the case of failure by Tenant in the payment of rent hereunder. ATTORNEY'S FEES In the event that either Landlord or Tenant should bring suit for the possession of the Premises, for the recovery of any sum due under this Lease, or because of the breach of any provision of this Lease, or for any other relief against the other party hereunder, then all costs and expenses, including reasonable attorney's fees, incurred by the prevailing party therein shall be paid by the other party, which obligation on the part of the other party shall be deemed to have accrued on the date of the commencement of such action and shall be enforceable whether or not the action is prosecuted to judgement. Should Landlord be named as a xxxx defendant in any suit brought against Tenant in connection with or statement thereforarising out of Tenant's occupancy hereunder. Tenant shall pay to Landlord is costs and expenses incurred in such suit, including a reasonable attorney's fee.

RIGHT OF LANDLORD 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 's sole cost and expense and without any abatement of Monthly Base Rent or Additional Charges. If Tenant fails to pay any sum of money, money other than Monthly Base Rent or Additional Charges for Expenses and Taxes, required to be paid by it hereunder hereunder, or fails to perform any other act on its part to be performed hereunder (including, without limitation, Tenant’s 's obligation to maintain and repair the Premises and Building Systems pursuant to Paragraph 8(b)), regardless of whether such failure has become a Default hereunder, and either (i) such failure continues, and Tenant does not commence cure of such failure, for ten (10) days after notice thereof by Landlord as provided in Paragraph 20(a) (except in the event of emergency, when no notice or cure period shall be requiredrequired but Landlord shall make reasonable good faith efforts to notify Tenant prior to commencing such emergency cure), or (ii) having commenced such cure Tenant does not diligently prosecute the curing thereof, or (iii) a default under the Ground Lease or any Mortgage or other Encumbrance is, in Landlord’s 's reasonable judgmentjudgment (after reasonable notice to Tenant under the circumstances, except in the event of emergency), likely to occur due to Tenant’s 's failure to cure such failure in a timely manner, or (iv) if Landlord is, in Landlord’s reasonable business judgment, in a better position to accomplish such cure or can accomplish such cure in a more efficient or cost effective manner than Tenant, then in any such situation Landlord may, but shall not be obligated so to do, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such act on Tenant’s 's part to be made or performed as provided in this Lease. All sums so paid and costs so incurred by Landlord, together with interest thereon at the Default Rate from the date Landlord makes such payment or incurs such cost, shall be payable as Additional Charges to Landlord within thirty (30) days after receipt by Tenant of a xxxx or bill xx statement therefor.

RIGHT OF LANDLORD 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 's sole cost and expense and without any abatement of Monthly Base Rent or Additional Chargesrent. If Tenant fails shall fail to pay any sum of money, other than Monthly Base Rent or Additional Charges for Expenses and Taxesrent, required to be paid by it hereunder or fails shall fail to perform any other act on its part to be performed hereunder (including, without limitation, Tenant’s obligation to maintain and repair the Premises pursuant to Paragraph 8(b)), regardless of whether such failure has become a Default hereunder, and either (i) such failure continues, and Tenant does not commence cure of such failure, for ten (10) days after notice thereof by Landlord as provided in Paragraph 20(a) (except in the event of emergency, when no notice or shall continue beyond any applicable cure period shall be required)set forth in this Lease, or (ii) having commenced such cure Tenant does not diligently prosecute the curing thereof, or (iii) default under the Ground Lease or any Mortgage or other Encumbrance is, in Landlord’s reasonable judgment, likely to occur due to Tenant’s failure to cure such failure in a timely manner, or (iv) if Landlord is, in Landlord’s reasonable business judgment, in a better position to accomplish such cure or can accomplish such cure in a more efficient or cost effective manner than Tenant, then in any such situation Landlord may, but shall not be obligated so to doto, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant’s 's part to be made or performed as provided is in this LeaseLease provided. All sums so paid by Landlord and costs so incurred by Landlordall reasonable incidental costs, together with interest thereon at the Default Rate rate of ten percent (10%) per annum from the date Landlord makes of such payment or incurs such costby Landlord, shall be payable as Additional Charges to Landlord within thirty fifteen (3015) days after receipt written demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the 36 Initials: ____ ____ event of the nonpayment thereof by Tenant as in the case of a xxxx default by Tenant in the payment of the rent. ACCESS, CHANGES IN PROJECT, FACILITIES, NAME. Every part of the Project except the inside surfaces of all walls, windows and doors bounding the Premises (including exterior building walls, core corridors walls and doors and any core corridor entrance), and any space in or statement adjacent to the premises used for shafts, stacks, pies, conduits, fan rooms, ducts, electric or other utilities, sinks or other building facilities, and the use thereof, as well as access thereto through the Premises for the purposes of operation, maintenance, decoration and repair, are reserved to Landlord. Tenant shall permit Landlord to install, use and maintain pipes, ducts and conduits within the walls, columns and ceilings of the Premises. In exercising its rights under this Section (o)(ii), Landlord shall use commercially reasonable efforts to minimize interference with Tenant's operations in the Premises. Landlord reserves the right, without incurring any liability to Tenant therefor, to make such changes in or to the Project and the fixtures and equipment thereof, as well as in or to the street entrances, halls, passages, elevators, stairways and other improvements thereof, as it may deem necessary or desirable. In exercising its rights under this Section (o)(iii), Landlord shall use commercially reasonable efforts to minimize interference with Tenant's operations in the Premises. Landlord may adopt any name for the Project and Landlord reserves the right to change the name or address of the Project at any time.

RIGHT OF LANDLORD 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 's sole cost and expense and without any abatement of Monthly Base Rent or Additional Chargesrent. If Tenant fails shall fail to pay any sum of money, other than Monthly Base Rent or Additional Charges for Expenses and Taxesrent, required to be paid by it hereunder or fails shall fail to perform any other act on its part to be performed hereunder (including, without limitation, Tenant’s obligation to maintain and repair the Premises pursuant to Paragraph 8(b)), regardless of whether such failure has become a Default hereunder, and either (i) such failure continues, and Tenant does not commence cure of such failure, for ten (10) days after notice thereof by Landlord as provided in Paragraph 20(a) (except in the event of emergency, when no notice or shall continue beyond any applicable cure period shall be required)set forth in this Lease, or (ii) having commenced such cure Tenant does not diligently prosecute the curing thereof, or (iii) default under the Ground Lease or any Mortgage or other Encumbrance is, in Landlord’s reasonable judgment, likely to occur due to Tenant’s failure to cure such failure in a timely manner, or (iv) if Landlord is, in Landlord’s reasonable business judgment, in a better position to accomplish such cure or can accomplish such cure in a more efficient or cost effective manner than Tenant, then in any such situation Landlord may, but shall not be obligated so to doto, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant’s 's part to be made or performed as provided is in this LeaseLease provided. All sums so paid by Landlord and costs so incurred by Landlordall reasonable incidental costs, together with interest thereon at the Default Rate rate of ten percent (10%) per annum from the date Landlord makes of such payment or incurs such costby Landlord, shall be payable as Additional Charges to Landlord within thirty on demand and Tenant covenants to pay any such sums, and Landlord shall have (30in addition to any other right or remedy of Landlord) days after receipt the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of a xxxx default by Tenant in the payment of the rent. (o) Access, Changes in Project, Facilities, Name. (i) Every part of the Project except the inside surfaces of all walls, windows and doors bounding the Premises (including exterior building walls, core corridor walls and doors and any core corridor entrance), and any space in or statement adjacent to the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other building facilities, and the use thereof, as well as access thereto through the Premises for the purposes of operation, maintenance, decoration and repair, are reserved to Landlord. (ii) Tenant shall permit Landlord to install, use and maintain pipes, ducts and conduits within the walls, columns and ceilings of the Premises. (iii) Landlord reserves the right, without incurring any liability to Tenant therefor., to make such changes in or to the Project and the fixtures and equipment thereof, as well as in or to the street entrances, halls, passages, elevators, stairways and other improvements thereof, as it may deem necessary or desirable. (iv) Landlord may adopt any name for the Project and Landlord reserves the right to change the name or address of the Project at any time. (p)

RIGHT OF LANDLORD 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 's sole cost and expense and without any abatement of Monthly Base Rent or Additional Charges. If Tenant fails to pay shall default in the payment of any sum of money, other than Monthly Base Rent or Additional Charges for Expenses and TaxesCharges, required to be paid by it hereunder or fails shall fail to perform any other act on its part to be performed hereunder (including, without limitation, Tenant’s 's obligation to maintain and repair the Premises and Building Systems pursuant to Paragraph 8(b7(b)), regardless of whether such failure has become a Default hereunder, and either (i) such failure continues, and Tenant does not commence cure of such failure, for ten (10) days after notice thereof by Landlord as provided in Paragraph 20(a19(a) (except in the event of emergency, when no notice or cure period shall be requiredrequired but Landlord shall make reasonable good faith efforts to notify Tenant prior to commencing such emergency cure), or (ii) having commenced such cure Tenant does not diligently prosecute the curing thereof, or (iii) default under the Ground Lease or any Mortgage or other Encumbrance is, in Landlord’s reasonable judgment, likely to occur due to Tenant’s failure to cure such failure in a timely manner, or (iv) if Landlord is, in Landlord’s 's reasonable business judgment, in a better position to accomplish such cure or can accomplish such cure in a more efficient or cost cost-effective manner than Tenant, or (iv) if a default under any Mortgage is, in Landlord's reasonable judgment, likely to occur due to Tenant's failure to cure such failure in a timely manner, then in any such situation Landlord may, but shall not be obligated so to do, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such act on Tenant’s 's part to be made or performed as provided in this Lease. All sums so paid and costs so incurred by Landlord, together with interest thereon at the Default Rate from the date Landlord makes such payment or incurs such cost, shall be payable as Additional Charges to Landlord within thirty (30) days after receipt by Tenant of a xxxx or bill xx statement therefor.

RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall will be performed by Tenant at Tenant’s sole cost and expense and without any abatement of Monthly Base Rent or Additional ChargesRent. If Tenant fails will fail to pay any sum of money, money (other than Monthly Base Rent or Additional Charges for Expenses and Taxes, due Landlord) required to be paid by it hereunder or fails will fail to perform any other act on its part to be performed hereunder (hereunder, including, without limitation, Tenant’s obligation the failure to maintain commence and repair the Premises pursuant to Paragraph 8(b)), regardless of whether such failure has become a Default hereundercomplete repairs promptly and adequately, and either the failure to remove any liens or otherwise to perform any act or fulfill any obligation required of Tenant under this Lease, then after five (i5) such failure continues, and business days’ prior written notice to Tenant does not commence as required hereunder given to Tenant after the expiration of any applicable notice and/or cure of such failure, period provided for ten (10) days after notice thereof by Landlord as provided in Paragraph 20(a) this Lease (except in the event cases of emergency, when no notice or cure period shall be required), or (ii) having commenced such cure Tenant does not diligently prosecute the curing thereof, or (iii) default under the Ground Lease or any Mortgage or other Encumbrance is, in Landlord’s reasonable judgment, likely to occur due to and Tenant’s failure to cure within such failure in a timely mannerfive (5) business day period, or (iv) if Landlord is, in Landlord’s reasonable business judgment, in a better position to accomplish such cure or can accomplish such cure in a more efficient or cost effective manner than Tenant, then in any such situation Landlord may, but shall will not be obligated so to dodo so, and without waiving 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 LeaseLease provided. All sums so paid by Landlord and all necessary incidental costs, together with an administrative charge in the amount of fifteen percent (15%) of any costs so incurred by Landlord, together with and interest thereon at the Default Interest Rate accruing from the date paid or incurred by Landlord makes such payment or incurs such costuntil reimbursed to Landlord by Tenant, shall will be payable as Additional Charges to Landlord within thirty (30) days after receipt by Tenant as Rent on demand and Tenant covenants to pay all such sums. Landlord will have (in addition to any other right or remedy of a xxxx or statement thereforLandlord) the same rights and remedies in the event of Tenant’s nonpayment of such sums, as in the case of default by Tenant in the payment of Rent to Landlord.

RIGHT OF LANDLORD 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 's sole cost and expense expense, and without any abatement of Monthly Base Rent or Additional ChargesRent. If Tenant fails shall fail to pay any sum of money, other than Monthly Base Rent or Additional Charges for Expenses and TaxesRent, required to be paid by it hereunder it, or fails shall fail to perform any other act on its part to be performed hereunder (including, without limitation, Tenant’s obligation to maintain and repair the Premises pursuant to Paragraph 8(b)), regardless of whether such failure has become a Default hereunderperformed, and either the failure shall continue for thirty (i) such failure continues, and Tenant does not commence cure of such failure, for ten (1030) days after written notice thereof by Landlord as provided in Paragraph 20(a) (except in the event of emergencyLandlord, when no notice or cure period shall be required), or (ii) having commenced such cure Tenant does not diligently prosecute the curing thereof, or (iii) default under the Ground Lease or any Mortgage or other Encumbrance is, in Landlord’s reasonable judgment, likely to occur due to Tenant’s failure to cure such failure in a timely manner, or (iv) if Landlord is, in Landlord’s reasonable business judgment, in a better position to accomplish such cure or can accomplish such cure in a more efficient or cost effective manner than Tenant, then in any such situation Landlord may, but shall not be obligated so to dodo so, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant’s 's part to be made or performed as provided for in this Lease. Notwithstanding anything else in this Lease to the contrary, upon any failure by Tenant to perform any of its obligations under this Lease, the failure of which threatens bodily injury, property damage or a violation of any law, statute, ordinance or regulation, Landlord may, but shall not be obligated to, take any reasonable action or make any payment to remedy or alleviate the situation. In any such event, notice of the situation shall be given to Tenant as soon as possible, but not later than within 24 hours of Landlord's commencement of the remediation. All sums so paid by Landlord and costs so incurred by Landlordall necessary incidental costs, together with interest thereon at the Default Rate from the date Landlord makes such payment or incurs such costplus a ten percent (10%) administrative charge, shall be payable as Additional Charges to Landlord within thirty (30) days after receipt of Landlord's request, and Tenant covenants to pay any such sums, 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 a xxxx or statement thereforRent.

RIGHT OF LANDLORD TO PERFORM. All terms and covenants and agreements of this Lease to be performed or observed by Tenant under any of the terms of this Lease shall be performed or observed by Tenant at Tenant’s sole cost and expense and without any abatement reduction of Monthly Base Rent or Additional ChargesRental, except as expressly set forth herein. If an Event of Default by Tenant fails has occurred or in the event of an emergency (i.e., imminent threat to pay life or safety or the structural elements of the Building, or an event resulting from Tenant’s [or any sum of money, other than Monthly Base Rent or Additional Charges for Expenses and Taxes, required to be paid by it hereunder or fails Tenant’s Party’s] failure to perform or observe any other act on its part to be performed hereunder (includingof the terms, without limitationcovenants or conditions set forth in this Lease, Tenant’s obligation to maintain and repair the Premises pursuant to Paragraph 8(b)), regardless of whether if such failure has become a Default hereunderan imminent and material adverse effect on another tenant of the Project, and either (i) such failure continues, and where Tenant does not commence cure of such failure, for has failed to correct the situation within ten (10) days after notice thereof by Landlord or such shorter time as provided in Paragraph 20(a) (except in is appropriate under the event of emergency, when no notice or cure period shall be requiredcircumstances), or (ii) having commenced such cure Tenant does not diligently prosecute the curing thereofLandlord, or (iii) default under the Ground Lease or any Mortgage or other Encumbrance is, in Landlord’s reasonable judgment, likely to occur due to Tenant’s failure to cure such failure in a timely manner, or (iv) if Landlord is, in Landlord’s reasonable business judgment, in a better position to accomplish such cure or can accomplish such cure in a more efficient or cost effective manner than Tenant, then in any such situation Landlord may, but shall not be obligated so to do, and without waiving or releasing Tenant from any obligations obligation of TenantTenant hereunder, may make any such payment or perform any such act other term or covenant on Tenant’s part to be made performed but shall not be obligated to do so, provided that, in the event of an emergency, Landlord shall use best efforts to provide Tenant with prior notice of any such action, which may be telephonically or performed as provided in this Leaseby e-mail, and a reasonable opportunity to correct the situation before Landlord takes such action. All sums so paid by Landlord and all necessary costs so incurred of such performance by Landlord, together together, in the case of an Event of Default, with interest thereon at the Default Interest Rate from the date Landlord makes of such payment or incurs such costperformance by Landlord, shall be payable as Additional Charges paid (and Tenant covenants to make such payment) to Landlord within thirty promptly after written demand by Landlord, and Landlord shall have (30in addition to any other right or remedy of Landlord) days after receipt the same rights and remedies in the event of non-payment thereof by Tenant as in the case of a xxxx failure by Tenant in the payment of Rental hereunder. Any work performed by Landlord pursuant to this Paragraph 28.5 shall be performed at prevailing and competitive rates (taking into account the scope of the services, the financial strength, reputation and quality of Landlord’s selected contractor, the urgency of the situation and the requirement that harmonious labor relations be maintained within the Project). Notwithstanding the foregoing, Landlord shall take no action pursuant to the provisions of this Paragraph 28.5 affecting Tenant’s Communications Equipment, except following an Event of Default or statement thereforin the event of an emergency where it has been reasonably established that Tenant’s Communications Equipment is causing the interference at issue, provided that, unless Tenant’s Communications Equipment interferes with the Existing IBM Equipment (as defined in Paragraph 30.2(b) below), Tenant shall not be required to cease using any Communications Equipment that has been licensed for use by the Federal Communications Commission or any other authorized governmental authority, so long as Tenant is using such Communications Equipment in accordance with such license and all Applicable Laws.