Common use of Right to Perform Clause in Contracts

Right to Perform. If Tenant shall fail to pay any sum of money, ---------------- other than Rent, required to be paid by it hereunder, or if Tenant shall fail to perform any other act on its part to be performed hereunder which such failure shall continue for fifteen (15) days, then, in addition to a default if provided by Section 23.1, 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 other act on Tenant's part to be made or performed as provided in this Lease. Notwithstanding the foregoing, in the event of an emergency, 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, Landlord may, but shall not be obligated so to do, and without waiving or releasing Tenant from any obligations of Tenant, immediately make any such payment or perform any such other act on Tenant's part to be made or performed as provided in this Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this Article as in the case of default by Tenant in the payment of Rent. All sums paid by Landlord and all penalties, interest and costs in connection therewith, shall be due and payable by Tenant as Additional Rent on the next day after such payment by Landlord, together with interest thereon equal to the prime rate of interest as published in The Wall Street Journal (or any successor publication thereto) from time to ----------------------- time, plus two percent (2%).

Right to Perform. If Tenant shall fail to pay any sum of money, ---------------- other than Rent, required to be paid by it hereunder, or if Tenant shall fail to perform any other act on its part to be performed hereunder which such failure shall continue for fifteen (15) days, then, in addition to a default if provided by Section 23.1, 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 other act on Tenant's part to be made or performed as provided in this Lease. Notwithstanding the foregoing, in the event of an emergency, 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, and such failure is not cured within fifteen (15) days after written notice from Landlord (provided that (a) where such failure cannot reasonably be cured within a fifteen (15) day period, Tenant shall not be in default if it commences such performance promptly after receiving Landlord’s notice of Tenant’s failure to perform and diligently thereafter prosecutes the same to completion, such grace period not to exceed a maximum of sixty (60) days in the aggregate, and (b) no such grace or cure period (or such xxxxxxx xxxxx or cure period as is set forth below) shall be required in the 44 event of Emergency), Landlord may, but shall not be obligated so to doto, and without waiving or releasing Tenant from perform any obligations such obligation of Tenant, immediately make any and to recover from Tenant, as additional rent hereunder, the reasonable and actual costs incurred by Landlord in performing such payment or perform any such other act on Tenant's part to obligation, which costs shall be made or performed as provided in this Leasepayable within thirty (30) days after Landlord’s written demand thereof accompanied by reasonable substantiation thereof. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this Article section as in the case of default by Tenant in the payment of Rent. All sums paid by Landlord and all penalties, interest and costs in connection therewith, shall be due and payable by Tenant as Additional Rent on the next day after such payment by Landlord, together with interest thereon equal to at the prime rate Default Rate, which shall be calculated from the date incurred by Landlord until the date of interest as published in The Wall Street Journal (or any successor publication thereto) from time to ----------------------- time, plus two percent (2%)payment.

Right to Perform. If Tenant shall fail to pay any sum of money, ---------------- other than Rent, required to be paid by it hereunder, or if Tenant shall fail to perform any other act on its part to be performed hereunder which such failure shall continue for fifteen (15) days, then, in addition to a default if provided by Section 23.1, 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 other act on Tenant's part to be made or performed as provided in this Lease. Notwithstanding the foregoing, in the event of an emergency, 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, and such failure is not cured within thirty (30) days after written notice from Landlord (provided that (a) where such failure is curable, but cannot reasonably be cured within a thirty (30) day period, Tenant shall not be in default if it commences such performance promptly after receiving Landlord's notice of Tenant's failure to perform and diligently thereafter prosecutes the same to completion, and (b) no such grace or cure period (or such shorxxx xxxxx xx cure period as is set forth below) shall be required in the event of Emergency), Landlord may, but shall not be obligated so to doto, and without waiving or releasing Tenant from perform any obligations such obligation of Tenant, immediately make any and to recover from Tenant the reasonable and actual costs incurred by Landlord in performing such payment or perform any such other act on Tenantobligation, which shall be payable within thirty (30) days after Landlord's part to be made or performed written demand accompanied by reasonable substantiation of the applicable costs, as provided in this Leaseadditional rent hereunder. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this Article section as in the case of default by Tenant in the payment of Rent. All sums paid by Landlord and all penalties, interest and costs in connection therewith, shall be due and payable by Tenant as Additional Rent on the next day after such payment by Landlord, together with interest thereon equal to at the prime rate Default Rate, which shall be calculated from the date incurred by Landlord until the date of interest as published in The Wall Street Journal (or any successor publication thereto) from time to ----------------------- time, plus two percent (2%)payment.

Right to Perform. If Tenant shall fail to pay any sum of money, ---------------- other than Rent, required to be paid by it hereunder, or if Tenant shall fail to perform any other act on its part to be performed hereunder which such failure shall continue for fifteen (15) days, then, in addition to a default if provided by Section 23.1, 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 other act on Tenant's part to be made or performed as provided in this Lease. Notwithstanding the foregoing, in the event of an emergency, 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, and such failure is not cured within fifteen (15) days after written notice from Landlord (provided that (a) where such failure cannot reasonably be cured within a fifteen (15) day period, Tenant shall not be in default if it commences such performance promptly after receiving Landlord's notice of Tenant's failure to perform and diligently thereafter prosecutes the same to completion, such grace period not to exceed a maximum of sixty (60) days in the aggregate, and (b) no such grace or cure period (or such xxxxxxx xxxxx or cure period as is set forth below) shall be required in the event of Emergency), Landlord may, but shall not be obligated so to doto, and without waiving or releasing Tenant from perform any obligations such obligation of Tenant, immediately make any and to recover from Tenant the reasonable and actual costs incurred by Landlord in performing such payment or perform any such other act on Tenantobligation, which shall be payable within thirty (30) days after Landlord's part to be made or performed written demand accompanied by reasonable substantiation of the applicable costs, as provided in this Leaseadditional rent hereunder. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this Article section as in the case of default by Tenant in the payment of Rent. All sums paid by Landlord and all penalties, interest and costs in connection therewith, shall be due and payable by Tenant as Additional Rent on the next day after such payment by Landlord, together with interest thereon equal to at the prime rate Default Rate, which shall be calculated from the date incurred by Landlord until the date of interest as published in The Wall Street Journal (or any successor publication thereto) from time to ----------------------- time, plus two percent (2%)payment.

Right to Perform. If Tenant shall fail to pay any sum of money, ---------------- other than Rent, required to be paid by it hereunder, or if Tenant shall fail to perform any other act on its part to be performed hereunder which such failure shall continue for fifteen (15) days, then, in addition to a default if provided by Section 23.1, 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 other act on Tenant's part to be made or performed as provided in this Lease. Notwithstanding the foregoing, in the event of an emergency, 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, and such failure is not cured within thirty (30) days after written notice from Landlord (provided that (a) where such failure cannot reasonably be cured within a thirty (30) day period, Tenant shall not be in default if it commences such performance promptly after receiving Landlord's notice of Tenant's failure to perform and diligently thereafter prosecutes the same to completion, such grace period not to exceed a maximum of ninety (90) days in the aggregate, subject to Force Majeure, and (b) no such grace or cure period (or such shorxxx xxxxx xx cure period as is set forth below) shall be required in the event of Emergency), Landlord may, but shall not be obligated so to doto, and without waiving or releasing Tenant from perform any obligations such obligation of Tenant, immediately make any and to recover from Tenant, as additional rent hereunder, the reasonable and actual costs incurred by Landlord in performing such payment or perform any such other act on Tenantobligation, which costs shall be payable within thirty (30) days after Landlord's part to be made or performed as provided in this Leasewritten demand thereof accompanied by reasonable substantiation thereof. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this Article section as in the case of default by Tenant in the payment of Rent. All sums paid by Landlord and all penalties, interest and costs in connection therewith, shall be due and payable by Tenant as Additional Rent on the next day after such payment by Landlord, together with interest thereon equal to at the prime rate Default Rate, which shall be calculated from the date incurred by Landlord until the date of interest as published in The Wall Street Journal (or any successor publication thereto) from time to ----------------------- time, plus two percent (2%)payment.

Right to Perform. If Tenant shall fail to pay any sum of money, ---------------- other than Rent, required to be paid by it hereunder, or if Tenant shall fail to perform any other act on its part to be performed hereunder which such failure shall continue for fifteen (15) days, then, in addition to a default if provided by Section 23.1, 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 other act on Tenant's part to be made or performed as provided in this Lease. Notwithstanding the foregoing, in the event of an emergency, if Tenant shall fail to pay any sum of money, other than RentRent and additional 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 failure is not cured thirty (30) days after written notice from Landlord (provided that (a) where such failure cannot reasonably be cured within a thirty (30) day period, Tenant shall not be in default if it commences such performance promptly after receiving Landlord's notice of Tenant's failure to perform and diligently thereafter prosecutes the same to completion, such grace period not to exceed a maximum of ninety (90) days in the aggregate, and (b) no such grace or cure period (or such xxxxxxx xxxxx or cure period as is set forth below) shall be required in the event of Emergency), Landlord may, but shall not be obligated so to doto, and without waiving or releasing Tenant from perform any obligations such obligation of Tenant, immediately make any and to recover from Tenant the reasonable and actual costs incurred by Landlord in performing such payment or perform any such other act on Tenantobligation, which shall be payable within thirty (30) days after Landlord's part to be made or performed written demand accompanied by reasonable substantiation of the applicable costs, as provided in this Leaseadditional rent hereunder. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this Article section as in the case of default by Tenant in the payment of Rent. All sums paid by Landlord and all penalties, interest and costs in connection therewith, shall be due and payable by Tenant as Additional Rent on the next day after such payment by Landlord, together with interest thereon equal to at the prime rate Default Rate, which shall be calculated from the date incurred by Landlord until the date of interest as published in The Wall Street Journal (or any successor publication thereto) from time to ----------------------- time, plus two percent (2%)payment.

Right to Perform. If Tenant Subject to Section 8.1(b) above, Landlord shall fail to pay any sum of money, ---------------- other than Rent, required to be paid by it hereunder, or if Tenant shall fail have the right to perform any other act on its part work that Landlord reasonably deems necessary to be performed hereunder prevent waste or deterioration in connection with the Premises. If Landlord makes any repairs that Tenant is obligated to make pursuant to the terms of this Lease, Tenant shall pay the cost, of such repairs (which such failure shall continue for fifteen (15) days, then, in addition include third party costs and reasonable internal costs incurred by Landlord to a default if provided by Section 23.1, Landlord may, but shall not be obligated so the extent directly attributable to do, and without waiving or releasing Tenant from any obligations the performance of Tenant, make any such payment or perform any such other act on Tenant's part repairs) to be made or performed Landlord as provided in this LeaseAdditional Rental, promptly upon receipt of a xxxx from Landlord for the same. Notwithstanding the foregoing, in the event of an emergency, if Tenant shall fail to pay any sum of money, other than Rent, required to be paid by it hereunder or shall fail have the right to perform any other act on work that Landlord is required but fails to perform hereunder in connection with the Premises should Landlord fail to commence such repairs within thirty (30) days after receipt of written demand therefor or, after commencing same, Landlord fails to diligently pursue such repairs to completion within thirty (30) days after receipt of written demand therefor. If Tenant makes any repairs that Landlord is obligated to make pursuant to the terms of this Lease, Landlord shall pay its part portion of the costs (which shall include third party costs and reasonable internal costs incurred by Tenant to the extent directly attributable to the performance of any such repairs) thereof within ten (10) days of receipt of demand (which demand, in order to be performed hereunder, Landlord may, but shall not be obligated so to do, effective and without waiving or releasing Tenant from any obligations of Tenant, immediately make any such payment or perform any such other act on Tenant's part in order to be made considered delivered to Landlord under this Section 8.2, must be accompanied by invoices, vouchers, receipts or performed as provided other reasonable documentation evidencing the amounts for which payment is being requested in this Lease. such demand) by Tenant and, if Landlord shall have (in addition fails to any other right or remedy do so, the amount due will bear interest at the rate of Landlord) 6% per annum from and after the date such costs were incurred until the same rights and remedies is paid in the event of the nonpayment of sums due under this Article as in the case of default by Tenant in the payment of Rent. All sums paid by Landlord and all penalties, interest and costs in connection therewith, shall be due and payable by Tenant as Additional Rent on the next day after such payment by Landlord, together with interest thereon equal to the prime rate of interest as published in The Wall Street Journal (or any successor publication thereto) from time to ----------------------- time, plus two percent (2%)full.

Right to Perform. If Tenant shall fail to pay any sum of money, ---------------- other than Rent, required to be paid by it hereunder, or if Tenant shall fail to perform any other act on its part to be performed hereunder which such failure shall continue for fifteen (15) days, then, in addition to a default if provided by Section 23.1, 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 other act on Tenant's part to be made or performed as provided in this Lease. Notwithstanding the foregoing, in the event of an emergency, 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, and such failure is not cured within fifteen (15) days after written notice from Landlord (provided that (a) where such failure cannot reasonably be cured within a fifteen (15) day period, Tenant shall not be in default if it commences such performance promptly after receiving Landlord's notice of Tenant's failure to perform and diligently thereafter prosecutes the same to completion, such grace period not to exceed a maximum of ninety (90) days in the aggregate, and (b) no such grace or cure period (or such xxxxxxx xxxxx or cure period as is set forth below) shall be required in the event of Emergency), Landlord may, but shall not be obligated so to doto, and without waiving or releasing Tenant from perform any obligations such obligation of Tenant, immediately make any and to recover from Tenant the reasonable and actual costs incurred by Landlord in performing such payment or perform any such other act on Tenantobligation, which shall be payable within thirty (30) days after Landlord's part to be made or performed written demand accompanied by reasonable substantiation of the applicable costs, as provided in this Leaseadditional rent hereunder. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this Article section as in the case of default by Tenant in the payment of Rent. All sums paid by Landlord and all penalties, interest and costs in connection therewith, shall be due and payable by Tenant as Additional Rent on the next day after such payment by Landlord, together with interest thereon equal to at the prime rate Default Rate, which shall be calculated from the date incurred by Landlord until the date of interest as published in The Wall Street Journal (or any successor publication thereto) from time to ----------------------- time, plus two percent (2%)payment.

Right to Perform. If Tenant shall fail to pay any sum of money, ---------------- other than Rent, required to be paid by it hereunder, or if Tenant shall fail to perform any other act on its part to be performed hereunder which such failure shall continue for fifteen (15) days, then, in addition to a default if provided by Section 23.1, 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 other act on Tenant's part to be made or performed as provided in this Lease. Notwithstanding the foregoing, in the event of an emergency, 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, or shall fail to make any payment to a third party that causes (or might cause, after the passage of time and failure to cure) Landlord to be in breach of any mortgage or deed of trust encumbering the Building Iand/or Project, and such failure is not cured within thirty (30) days after written notice from Landlord (provided that (i) if the alleged breach is of such a nature that it cannot reasonablyibe cured within such thirty (30) day period, then Tenant shall not be in default if Tenant commences a cure within such thirty (30) day period and diligently thereafter prosecutes such cure to completion, and (ii) in the event of an Emergency, such grace or cure period may be shortened as reasonably necessary given the scope and nature of the Emergency), Landlord may, but shall not be obligated so to doto, and without waiving or releasing Tenant from any obligations of Tenant, immediately make any such payment or perform any such other act on obligation of, or make such payment by, Tenant's part , and to recover from Tenant, as additional rent hereunder, the reasonable and actual costs incurred by Landlord in performing or paying such obligation, which costs shall be made or performed as provided in this Leasepayable within thirty (30) days after Landlord'~ written demand thereof accompanied by reasonable substantiation thereof. Landlord shall have (in addition inladdition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this Article Section as in the case of default by Tenant in the payment of Rent. All sums paid by Landlord and all penalties, interest and costs in connection therewiththere I·th, shall be due and payable by Tenant as Additional Rent on the next day after such payment by Landlord, together with interest thereon equal to at the prime rate Default Rate, which shall be calculated from the date incurred by Landlord until the date of interest as published in The Wall Street Journal (or any successor publication thereto) from time to ----------------------- time, plus two percent (2%)payment. 39.

Right to Perform. If Tenant shall fail to pay any sum of money, other ---------------- other than Rent, required to be paid by it hereunder, or if Tenant shall fail to perform any other act on its part to be performed hereunder which such failure shall continue for fifteen (15) days, then, in addition to a default if provided by Section 23.1, 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 other act on Tenant's part to be made or performed as provided in this Lease. Notwithstanding the foregoing, in the event of an emergency, 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, Landlord may, but shall not be obligated so to do, and without waiving or releasing Tenant from any obligations of Tenant, immediately make any such payment or perform any such other act on Tenant's part to be made or performed as provided in this Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this Article as in the case of default by Tenant in the payment of Rent. All sums paid by Landlord and all penalties, interest and costs in connection therewith, shall be due and payable by Tenant as Additional Rent on the next day after such payment by Landlord, together with interest thereon equal to the prime rate of interest as published in The Wall -------- Street Journal (or any successor publication thereto) from time to ----------------------- time, plus -------------- two percent (2%).