Right of Lessor to Perform. Except as otherwise contained herein, or unless otherwise agreed to in writing by the parties, all covenants and agreements to be performed by Lessee under any of the terms of this Lease shall be performed by Lessee at Lessee's sole cost and expense and without abatement of rent. If the Lessee shall fail to pay any sum of money, other than rent, required to be paid by it hereunder, or shall fail to perform any other act on its part to be performed hereunder and such failures shall continue for twenty (20) days after notice thereof by the Lessor, the Lessor may, but shall not be obligated to do so, and without waiving or releasing the Lessee from any obligations of the Lessee, make any such payment or perform any such other act on the Lessee's part to be made or performed as in this Lease provided. All sums so paid by Lessor and all necessary incidental costs together with interest thereon at the rate of eighteen percent (18%) per annum, or the prime interest rate as charged by Citibank of New York plus six percent (6%), whichever interest rate is greater, from the date of such payment by the Lessor shall be payable to the Lessor by Lessee on demand, and the Lessee covenants to pay such sums, and the Lessor shall have (in addition to any other right or remedy of the Lessor) the same rights and remedies in the event of the nonpayment thereof by the Lessee as in the case of default by the Lessee in the payment of rent.
Right of Lessor to Perform. If the Lessee shall fail to comply with any of its covenants herein contained, the Lessor (or, in the case of an assignment by the Lessor pursuant to Section 9(b) hereof, as assignee), may, but shall not be obligated to, make advances to perform the same and to take all such action as may be necessary to obtain such performance. Any payment so made by any such party and all costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) incurred in connection therewith shall be immediately due and payable by the Lessee to the party making the same, as additional rent hereunder.
Right of Lessor to Perform. All covenants and agreements to be performed by Lessee under this Lease shall be performed at Lessee's sole cost and expense and without any abatement of rent or right of set off. If Lessee fails to pay any sum of money, other than rent, or fails to perform any other act on its part to be performed under this Lease, and the failure continues beyond any applicable grace period set forth in Section 15.01, then in addition to any other available remedies, Lessor may, at its election, make the payment or perform the other act on Lessee's part. Lessor's election to make the payment or perform the act on Lessee's part shall not give rise to any responsibility of Lessor to continue making the same or similar payments or performing the same or similar acts. Lessee shall, promptly upon demand by Lessor, reimburse Lessor for all sums paid by Lessor and all necessary incidental costs, together with interest at the maximum rate permitted by law from the date of the payment by Lessor. Lessor shall have the same rights and remedies if Lessee fails to pay those amounts as Lessor would have in the event of a default by Lessee in the payment of rent.
Right of Lessor to Perform. Following not less than [***] written notice (except in cases of emergency, when no notice shall be required), Lessor may, but shall not be obligated, to make any payment required of Lessee under this Lease that Lessee fails timely to pay. No such payment by Lessor shall constitute a waiver of, or release Lessee from, Lessee's said obligation or any other obligation of Lessee under this Lease, nor shall such payment by Lessor diminish or affect in any way other rights and remedies of Lessor set forth elsewhere in this Lease that may be applicable by reason of Lessee's failure to make a payment. ARTICLE 12.
Right of Lessor to Perform. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, Lessor may, but shall not be obligated so to do, and without waiving or releasing Tenant from any ligations of Tenant, make such payment or perform any such other act on Tenant's part to be made or performed hereunder. Tenant shall, promptly and upon demand therefore by Lessor, reimburse Lessor for all sums so paid by Lessor and all necessary incidental costs, together with interest thereon at the rate specified in Section 20 hereof from the date of such payment by Lessor, and Lessor shall have the same rights and remedies in the event of the failure by Tenant to pay such amounts as Lessor would have in the event of a default by Tenant in the payment of rent.
Right of Lessor to Perform. All obligations to be performed by Lessee under this Lease shall be performed at Lessee’s cost and expense and without any abatement of rent. If Lessee fails to perform any act required hereunder, and such failure shall continue for ten (10) days after written notice by Lessor, Lessor may perform any such act and Lessee shall reimburse Lessor (as additional rent) for all reasonable expenses incurred by Lessor.
Right of Lessor to Perform. If Lessee shall fail to comply with the covenants herein contained, including its covenants with respect to the maintenance of insurance, the payment of taxes, assessments and other charges or keeping the Unit in repair and free of liens, charges and encumbrances, Lessor or the Security Trustees may, but shall not be obligated to (1) make advances to perform the same, and (ii) enter upon the land where the Unit is located to perform any and all acts required by Lessee's covenants herein contained and to take all such action thereon as in the Lessor's or the Security Trustees' opinion may be necessary or appropriate therefor. All payments so made by Lessor or the Security Trustees and all costs and expenses (including without limitation reasonable attorneys' fees and expenses) incurred in connection therewith shall be payable by Lessee upon demand as additional rent hereunder, with simple interest at the rate of 10% per annum. No entry shall be deemed an eviction of Lessee or a repossession of the Unit, and no such advance, performance or other act shall be deemed to relieve Lessee from any default hereunder.
Right of Lessor to Perform. If after thirty (30) days following notice, or less if an emergency exists, the Lessee has failed or refused to perform any action required under this Lease or failed or refused to secure any required performance by the Lessee’s agents or personnel, including any officer or employee, or anyone else acting by, on behalf of, or under the authority of the Lessee, or performance by any of the Lessee's contractors, sublessees, or guests, including any vendor or customer, for which the Lessee is responsible under this Lease, the Lessor will have the right, but not the obligation, to perform any or all such actions required under this Lease at the sole expense of the Lessee. The Lessor will not take action if the Lessee has begun and continues expeditious action to perform any action required under this Lease that cannot reasonably be completed within thirty (30) days. The Lessor will, at its sole discretion, determine what constitutes expeditious action and if an action cannot reasonably be performed in thirty (30) days.
Right of Lessor to Perform. If Lessee shall fail to comply with any of its covenants herein contained, Lessor may, but shall not be obligated to, make advances to perform the same and to take all such action as may be necessary to obtain such performance. Any payment so made by Lessor and all costs and expenses (including, reasonable attorneys' fees and expenses) incurred in connection therewith shall be payable by Lessee to Lessor upon demand as -33- 124 Supplemental Rent hereunder, with interest thereon at the Overdue Rate. No such action shall be deemed a repossession of any of the Equipment, and no such advance, performance or other act shall be deemed to relieve Lessee from any default hereunder.
Right of Lessor to Perform. LESSOR may, but shall not be obligated, to make any payment or perform any obligation required of LESSEE under this Lease that LESSEE fails timely to pay or perform, and LESSOR may do so with or without giving notice of LESSOR’s intention to do so. No such payment or performance by LESSOR shall constitute a waiver of, or release LESSEE from, LESSEE’s said obligation or any other obligation of LESSEE under this Lease, nor shall such payment or performance by LESSOR diminish or affect in any way other rights and remedies of LESSOR set forth elsewhere in this Lease that may be applicable by reason of such failure by LESSEE to pay or perform its obligation.
