Common use of SUMS DUE LANDLORD Clause in Contracts

SUMS DUE LANDLORD. 37. If Tenant shall default after notice and the expiration of any applicable cure period, in the performance of any covenants on Tenant’s part to be performed in this Lease contained, Landlord may immediately, or at any time thereafter, perform the same for the account of the Tenant. Tenant shall reimburse and compensate Landlord as additional rent for all expenditures made by, or damages or fines sustained or incurred by Landlord due to Tenant’s non-performance or non-compliance with or breach or failure to observe any term, covenants or conditions of this Lease, on Tenant’s part to be kept, observed, performed or complied with. If Landlord at any time is compelled to pay or elects to pay any sum of money, or do any act which will require the payment of any sum of money, by reason of the failure of Tenant to comply with any provision hereof, or, if Landlord is compelled to do or does incur any expense including reasonable attorney’s fees, instituting, prosecuting and/or defending any action or proceeding instituted by reason of any default of Tenant hereunder, the sum or sums so paid by Landlord with all interest and costs, shall be deemed to be additional rent hereunder and shall be due from Tenant to Landlord on the first day of the month following the incurring of such respective expenses, or at Landlord’s option on the first day of any subsequent month. Tenant’s obligations under this Article shall survive the expiration or sooner termination of the Demised Term. NO WAIVER

SUMS DUE LANDLORD. 3744. (A) If Tenant shall default after notice and the expiration of any applicable cure period, in the performance of any covenants on Tenant’s 's part to be performed in this Lease contained, Landlord may immediately, or at any time thereafter, after thirty (30) days notice, perform the same for the account of the Tenant. Tenant shall reimburse and compensate Landlord as additional rent for all expenditures made by, or damages or fines sustained or incurred by Landlord due to Tenant’s non-performance or non-compliance with or breach or failure to observe any term, covenants or conditions of this Lease, on Tenant’s part to be kept, observed, performed or complied withexcept in an emergency. If Landlord at any time is compelled to pay or elects to pay any sum of money, or do any act acto which will require the payment of any sum of money, by reason of the failure of Tenant to comply with any provision hereof, or, if Landlord is compelled to do or does incur any reasonable expense including reasonable attorney’s 's fees, instituting, prosecuting and/or defending any action or proceeding instituted by reason of any default of Tenant hereunder, the sum or sums so paid by Landlord with all interest and reasonable costs, shall be deemed to be additional rent hereunder and shall be due from Tenant to Landlord on the first day of the month following the incurring of such respective expenses, or at Landlord’s 's option on the first day of any subsequent month. Any sum of money (other than rent) accruing from Tenant to Landlord pursuant to Schedule "C", whether prior to or after the Term Commencement Date, may, at Landlord's option, be deemed additional rent, and Landlord shall have the same remedies for Tenant’s 's failure to pay any item of additional rent when due as for Tenant's failure to pay any installment of rent when due. Tenant's obligations under this Article shall survive the expiration or sooner termination of the Demised Term. NO WAIVERIn any case in which the base rent or additional rent is not paid within fifteen (15) days of notice that it was not paid upon the day when same is due, Tenant shall pay a late charge equal to 5 cents for each dollar so due.

SUMS DUE LANDLORD. 37. If Tenant shall default after notice and the expiration of any applicable cure period, in the performance of any covenants on Tenant’s part to be performed in this Lease contained, Landlord may may-immediately, or at any time thereafter, perform the same for the account of the Tenant. Tenant shall reimburse and compensate Landlord as additional rent for all expenditures made by, or damages or fines sustained or incurred by Landlord due to Tenant’s non-performance or non-compliance with or breach or failure to observe any term, covenants or conditions of this Lease, on Tenant’s part to be kept, observed, performed or complied with. If Landlord at any time is compelled to pay or elects to pay any sum of money, or do any act which will require the payment of any sum of money, by reason of the failure of Tenant to comply with any provision hereof, or, if Landlord is compelled to do or does incur any expense including reasonable attorney’s fees, instituting, prosecuting and/or defending any action or proceeding instituted by reason of any default of Tenant hereunder, the sum or sums so paid by Landlord with all interest and costs, shall be deemed to be additional rent hereunder and shall be due from Tenant to Landlord on the first day of the month following the incurring of such respective expenses, or at Landlord’s option on the first day of any subsequent month. Tenant’s obligations under this Article shall survive the expiration or sooner termination of the Demised Term. NO WAIVER.

SUMS DUE LANDLORD. 3731. If Tenant shall default after notice and the expiration of any applicable cure period, in the performance of any covenants on Tenant’s 's part to be performed in this Lease lease contained, whether prior, during or after the Demised Term, Landlord may immediately, or at any time thereafter, without notice, perform the same for the account of the Tenant. Tenant shall reimburse and compensate Landlord as additional rent for all expenditures made byIf Landlord, or damages or fines sustained or incurred by Landlord due to Tenant’s non-performance or non-compliance with or breach or failure to observe any term, covenants or conditions of this Lease, on Tenant’s part to be kept, observed, performed or complied with. If Landlord at any time before, during or after the Demised Term, is compelled to pay or elects to pay any sum of money, or do any act which will require the payment of any sum of money, by reason of the failure of Tenant to comply with any provision hereof, or, if Landlord is compelled to do or does incur any expense including reasonable attorney’s attorneys' fees, instituting, prosecuting and/or defending any action or proceeding instituted by reason of any default of Tenant hereunder, the sum or sums so paid by Landlord with all interest interest, costs, and costsdamages, shall be deemed to be additional rent hereunder and shall be due from Tenant to Landlord on the first day of the month following the incurring of such respective expenses, or at Landlord’s 's option on the first day of any subsequent month. Any sum of money (other than fixed rent) accruing from Tenant to Landlord pursuant to any provision of this lease including but not limited to, the provisions of Schedule C, whether prior to or after the Term Commencement Date, shall be additional rent payable within five days after demand therefor by Landlord, and Landlord shall have the same remedies for Tenant’s 's failure to pay additional rent as for Tenant's failure to pay any installment of fixed rent when due. Tenant's obligations under this Article shall survive the expiration or sooner termination of the Demised Term. In any case in which the basic rent or additional rent is not paid within five (5) days of the day when same is due, Tenant shall pay a late charge equal to three (3) cents ($0.03) for each dollar so due. NO WAIVER

SUMS DUE LANDLORD. 37. If Tenant shall default after notice and the expiration of any applicable cure period, in the performance of any covenants on Tenant’s 's part to be performed in this Lease contained, Landlord may immediately, or at any time thereafter, perform the same for the account of the Tenant. Tenant shall reimburse and compensate Landlord as additional rent for all expenditures made by, or damages or fines sustained or incurred by Landlord due to Tenant’s 's non-performance or non-compliance with or breach or failure to observe any term, covenants or conditions of this Lease, on Tenant’s 's part to be kept, observed, performed or complied with. If Landlord at any time is compelled to pay or elects to pay any sum of money, or do any act which will require the payment of any sum of money, by reason of the failure of Tenant to comply with any provision hereof, or, if Landlord is compelled to do or does incur any expense including reasonable attorney’s 's fees, instituting, prosecuting and/or defending any action or proceeding instituted by reason of any default of Tenant hereunder, the sum or sums so paid by Landlord with all interest and costs, shall be deemed to be additional rent hereunder and shall be due from Tenant to Landlord on the first day of the month following the incurring of such respective expenses, or at Landlord’s 's option on the first day of any subsequent month. Tenant’s 's obligations under this Article shall survive the expiration or sooner termination of the Demised Term. NO WAIVER

SUMS DUE LANDLORD. 37. If Tenant shall default after notice and the expiration of any applicable cure period, in the performance of any covenants on Tenant’s 's part to be performed in this Lease contained, Landlord may immediately, or at any time thereafter, perform the same for the account of the Tenant. Tenant shall reimburse and compensate Landlord as additional rent Additional Rent for all expenditures made by, or damages or fines sustained or incurred by Landlord due to Tenant’s 's non-performance or non-compliance with or breach or failure to observe any term, covenants or conditions of this Lease, on Tenant’s 's part to be kept, observed, performed or complied with. If Landlord at any time anytime is compelled to pay or elects to pay any sum of money, or do any act which will require the payment of any sum of money, by reason of the failure of Tenant to comply with any provision hereof, or, if Landlord is compelled to do or does incur any expense including reasonable attorney’s 's fees, instituting, prosecuting and/or defending any action or proceeding instituted by reason of any default of Tenant hereunder, the sum or sums so paid by Landlord with all interest and costs, shall be deemed to be additional rent Additional Rent hereunder and shall be due from Tenant to Landlord on the first day of the month following the incurring of such respective expenses, or at Landlord’s 's option on the first day of any subsequent month. Tenant’s 's obligations under this Article shall survive the expiration or sooner termination of the Demised Term. NO WAIVER.

SUMS DUE LANDLORD. 3744. (A) If Tenant shall default after notice and the expiration of any applicable cure period, in the performance of any covenants on Tenant’s 's part to be performed in this Lease contained, Landlord may immediately, or at any time thereafter, after thirty (30) days notice, perform the same for the account of the Tenant. Tenant shall reimburse and compensate Landlord as additional rent for all expenditures made by, or damages or fines sustained or incurred by Landlord due to Tenant’s non-performance or non-compliance with or breach or failure to observe any term, covenants or conditions of this Lease, on Tenant’s part to be kept, observed, performed or complied withexcept in an emergency. If Landlord at any time is compelled to pay or elects to pay any sum of money, or do any act which will require the payment of any sum of money, by reason of the failure of Tenant to comply with any provision hereof, or, if Landlord is compelled to do or does incur any reasonable expense including reasonable attorney’s 's fees, instituting, prosecuting and/or defending any action or proceeding instituted by reason of any default of Tenant hereunder, the sum or sums so paid by Landlord with all interest and reasonable costs, shall be deemed to be additional rent hereunder and shall be due from Tenant to Landlord on the first day of the month following the incurring of such respective expenses, or at Landlord’s Landlords option on the first day of any subsequent month. Any sum of money (other than rent) accruing from Tenant to Landlord pursuant to Schedule "C", whether prior to or after the Term Commencement Date, may, at Landlord's option, be deemed additional rent, and Landlord shall have the same remedies for Tenant’s 's failure to pay any item of additional rent when due as for Tenants failure to pay any installment of rent when due. Tenant's obligations under this Article shall survive the expiration or sooner termination of the Demised Term. NO WAIVERIn any case in which the base rent or additional rent is not paid within fifteen (15) days of notice that it was not paid upon the day when same is due, Tenant shall pay a late charge equal to 5 cents for each dollar so due

SUMS DUE LANDLORD. 3733. If Tenant shall default after notice and the expiration of any applicable cure period, in the performance of any covenants on Tenant’s 's part to be performed in under this Lease containedlease, Landlord may immediately, or at any time anytime thereafter, without notice, and without thereby waiving such default, perform the same for the account of Tenant and at the expense of Tenant. Tenant shall reimburse and compensate Landlord as additional rent for all expenditures made by, or damages or fines sustained or incurred by Landlord due to Tenant’s non-performance or non-compliance with or breach or failure to observe any term, covenants or conditions of this Lease, on Tenant’s part to be kept, observed, performed or complied with. If Landlord at any time is compelled to pay or elects to pay any sum of money, or do any act which will require the payment of any sum of money, money by reason of the failure of Tenant to comply with any provision hereof, or, if Landlord is compelled to do or does elects to incur any expense expense, including reasonable attorney’s attorneys' fees, instituting, prosecuting and/or defending any action or proceeding instituted by reason of any default of Tenant hereunder, the sum or sums so paid by Landlord Landlord, with all interest interest, costs and costsdamages, shall be deemed to be additional rent hereunder and shall be due from Tenant to Landlord on the first day of the month following the incurring of such respective expensesexpenses or, or at Landlord’s option 's option, on the first day of any subsequent month. Any sum of money (other than the annual minimum rent due under this lease) accruing from Tenant to Landlord pursuant to any provisions of this lease, including, but not limited to, the provisions of Article 6 hereof, whether prior to or after the Term Commencement Date, may, at Landlord's option, be deemed additional rent, and Landlord shall have the same remedies for Tenant’s 's failure to pay any item of additional rent when due as for Tenant's failure to pay any installment of Rent when due. Tenant's obligations under this Article shall survive the expiration or sooner termination of the Demised Term. In any case in which the Rent, additional rent or other charge is not paid within seven (7) days of the day when same is due, Tenant shall pay interest on such amount from the due date of such amount until the payment date of such amount at the rate of fifteen (15%) percent per annum, provided, however, the rate charged shall in no event be higher than the highest rate permitted by law. The payment of the aforementioned interest will not constitute a waiver by Landlord of any default by Tenant under this lease. NO WAIVER

SUMS DUE LANDLORD. 3731. If Tenant shall default after notice and the expiration of any applicable cure period, in the performance of any covenants on Tenant’s 's part to be performed in under this Lease containedlease, Landlord may immediately, or at any time anytime thereafter, without notice, and without thereby waiving such default, perform the same for the account of Tenant and at the expense of Tenant. Tenant shall reimburse and compensate Landlord as additional rent for all expenditures made by, or damages or fines sustained or incurred by Landlord due to Tenant’s non-performance or non-compliance with or breach or failure to observe any term, covenants or conditions of this Lease, on Tenant’s part to be kept, observed, performed or complied with. If Landlord at any time is compelled to pay or elects to pay any sum of money, or do any act which will require the payment of any sum of money, money by reason of the failure of Tenant to comply with any provision hereof, or, if Landlord is compelled to do or does elects to incur any expense expense, including reasonable attorney’s attorneys' fees, instituting, prosecuting and/or defending any action or proceeding instituted by reason of any default of Tenant hereunder, the sum or sums so paid by Landlord Landlord, with all interest interest, costs and costsdamages, shall be deemed to be additional rent hereunder and shall be due from Tenant to Landlord on the first day of the month following the incurring of such respective expensesexpenses or, or at Landlord’s option 's option, on the first day of any subsequent month. Any sum of money (other than rent) accruing from Tenant to Landlord pursuant to any provisions of this lease, including, but not limited to, the provisions of Schedule C, whether prior to or after the Rent Commencement Date, may, at Landlord's option, be deemed additional rent, and Landlord shall have the same remedies for Tenant’s obligations under this Article shall survive the expiration or sooner termination 's failure to pay any item of the Demised Term. additional rent when due as for Tenant's failure to pay any NO WAIVER

SUMS DUE LANDLORD. 3733. If Tenant shall default after notice and the expiration of any applicable cure period, in the performance of any covenants on Tenant’s 's part to be performed in under this Lease containedlease, beyond applicable notice and cure periods, Landlord may immediately, or at any time anytime thereafter, on notice (except in case of emergency when no notice shall be required), and without thereby waiving such default, perform the same for the account of Tenant and at the expense of Tenant. Tenant shall reimburse and compensate Landlord as additional rent for all expenditures made by, or damages or fines sustained or incurred by Landlord due to Tenant’s non-performance or non-compliance with or breach or failure to observe any term, covenants or conditions of this Lease, on Tenant’s part to be kept, observed, performed or complied with. If Landlord at any time is compelled to pay or elects to pay any sum of money, or do any act which will require the payment of any sum of money, money by reason of the failure of Tenant to comply with any provision hereof, or, if Landlord is compelled to do or does elects to incur any expense expense, including reasonable attorney’s attorneys' fees, instituting, prosecuting and/or defending any action or proceeding instituted by reason of any default of Tenant hereunder, the sum or sums so paid by Landlord Landlord, with all interest interest, costs and costsdamages, shall be deemed to be additional rent hereunder and shall be due from Tenant to Landlord on the first day of the month following the incurring of such respective expensesexpenses or, or at Landlord’s option 's option, on the first day of any subsequent month. Tenant’s obligations In the event that Landlord institutes, prosecutes or defends any action or proceeding instituted by reason of any default of Tenant hereunder, and Tenant prevails in such action or proceeding, Tenant shall be entitled to reasonable attorney's fees. Any sum of money (other than the annual minimum rent due under this lease) accruing from Tenant to Landlord pursuant to any provisions of this lease, including, but not limited to, the provisions of Article shall survive 6 hereof, whether prior to or after the expiration or sooner termination of the Demised Term. NO WAIVERTerm Commencement Date, may, at Landlord's option, be deemed additional rent, and Landlord shall

SUMS DUE LANDLORD. 37. 30.01 If Tenant shall default after notice and the expiration of any applicable cure period, in the performance of any covenants on Tenant’s part to be performed in this Lease covenant, term, provision or condition herein contained, Landlord Landlord, without thereby waiving such default, may immediately, or at any time thereafter, perform the same for the account and at the expense of Tenant without notice in a case of emergency and in any other case if such default continues after the expiration of the Tenantapplicable notice and cure period provided herein for the cure thereof (if any). Tenant shall reimburse Bills for any reasonable and compensate Landlord as additional rent for all expenditures made by, or damages or fines sustained or necessary expense incurred by Landlord due in connection with any such performance by Landlord for the account of Tenant, and reasonable and necessary bills for all costs, expenses and disbursements, including (without being limited to) reasonable counsel fees, incurred in collecting or endeavoring to Tenant’s non-performance collect the fixed rent or non-compliance additional rent or other charge or any part thereof or enforcing or endeavoring to enforce any rights against Tenant under or in connection with or breach or failure to observe any term, covenants or conditions of this Lease, on Tenant’s part or pursuant to law, including (without being limited to) any such cost, expense and disbursement involved in instituting and prosecuting summary proceedings, as well as bills for any property, material, labor or services provided, furnished or rendered, or caused to be keptprovided, observedfurnished or rendered, performed by Landlord to Tenant including (without being limited to) electric lamps and other equipment, construction work done for the account of Tenant, water, ice, drinking water, drinking cups, towel and other services, as well as for any charges for any additional elevator, heating, air conditioning or complied with. If cleaning services and any charges for other services incurred by Tenant under this Lease, may be sent by Landlord at any time is compelled to pay or elects to pay any sum of moneyTenant monthly, or do any act which will require the payment of any sum of moneyimmediately, by reason of the failure of Tenant to comply with any provision hereofat Landlord's option, or, if Landlord is compelled to do or does incur any expense including reasonable attorney’s fees, instituting, prosecuting and/or defending any action or proceeding instituted by reason of any default of Tenant hereunder, the sum or sums so paid by Landlord with all interest and costs, shall be deemed to be additional rent hereunder and shall be due and payable by Tenant in accordance with the terms of said bills and if not paid when due, the amounts thereof shall immediately become due and payable as additional rent under the Lease together with interest thereon at the rate of 12% per annum from the date said bills should have been paid in accordance with their terms. In addition, Tenant to shall reimburse Landlord on for any and all reasonable attorney fees incurred by Landlord in connection with the first day preparation, review, negotiation and/or consummation of any amendment, modification, agreement or other understanding made at the month following the incurring of such respective expensesrequest of, or at Landlord’s option on the first day of any subsequent month. Tenant’s obligations under as an accommodation to, Tenant with respect to this Article shall survive the expiration or sooner termination of the Demised Term. NO WAIVERLease.

SUMS DUE LANDLORD. 3731. If Tenant shall default after (except in an emergency, beyond the notice and the expiration of any applicable cure periodperiod provided herein, if any) in the performance of any covenants on Tenant’s 's part to be performed in under this Lease containedlease, Landlord may immediately, or at any time anytime thereafter, without notice, and without thereby waiving such default, perform the same for the account of Tenant and at the expense of Tenant. Tenant shall reimburse and compensate Landlord as additional rent for all expenditures made by, or damages or fines sustained or incurred by Landlord due to Tenant’s non-performance or non-compliance with or breach or failure to observe any term, covenants or conditions of this Lease, on Tenant’s part to be kept, observed, performed or complied with. If Landlord at any time is compelled to pay or elects to pay any sum of money, or do any act which will require the payment of any sum of money, money by reason of the failure of Tenant to comply with any provision hereof, or, if Landlord is compelled to do or does elects to incur any expense expense, including reasonable attorney’s attorneys' fees, instituting, prosecuting prosecuting, and/or defending any action or proceeding instituted by reason of any default of Tenant hereunder, the sum or sums so paid by Landlord Landlord, with all interest interest, costs and costsdamages, shall be deemed to be additional rent hereunder and shall be due from Tenant to Landlord on the first day of the month following the incurring of such respective expensesexpenses or, or at Landlord’s option 's option, on the first day of any subsequent month. Any sum of money (other than rent) accruing from Tenant to Landlord pursuant to any provisions of this lease, including, but not limited to, the provisions of Schedule C and extra work orders requested by Tenant’s , whether prior to or after the Rent Commencement Date, may, at Landlord's option, be deemed additional rent, and Landlord shall have the same remedies for Tenant's failure to pay any item of additional rent when due as for Tenant's failure to pay any installment of Rent when due. Tenant's obligations under this Article shall survive the expiration or sooner termination of the Demised Term. In any case in which the Rent or additional rent is not paid within (10) days of the day when same is due, Tenant shall pay a late charge equal to 8-1/2 cents for each dollar so due. Notwithstanding the foregoing, the late fee set forth above shall not apply with respect to the first late payment by Tenant in any Lease Year, provided that such payment is eventually made within thirty (30) days of notice that same is overdue. This late payment charge is intended to compensate Landlord for its additional administrative costs resulting from Tenant's failure to pay in a timely manner and has been agreed upon by Landlord and Tenant as a reasonable estimate of the additional administrative costs that will be incurred by Landlord as a result of Tenant's failure as the actual cost in each instance is extremely difficult, if not impossible, to determine. This late payment charge will constitute liquidated damages and will be paid to Landlord together with such unpaid amounts. The payment of this late payment charge will not constitute a waiver by Landlord of any default by Tenant under this lease. In addition, Tenant shall reimburse Landlord for any and all reasonable attorney fees incurred by Landlord in connection with the preparation, review, negotiation and/or consummation of any amendment, modification, agreement or other understanding made at the request of, or as an accommodation to, Tenant with respect to this lease. NO WAIVER

SUMS DUE LANDLORD. 3731. If Tenant shall default after notice and the expiration of any applicable cure period, in the performance of any covenants on Tenant’s 's part to be performed in under this Lease containedlease, Landlord may immediately, or at any time anytime thereafter, on ten (10) days prior notice (except in the event of an emergency which shall not require notice), and without thereby waiving such default, perform the same for the account of Tenant and at the expense of Tenant. Tenant shall reimburse and compensate Landlord as additional rent for all expenditures made by, or damages or fines sustained or incurred by Landlord due to Tenant’s non-performance or non-compliance with or breach or failure to observe any term, covenants or conditions of this Lease, on Tenant’s part to be kept, observed, performed or complied with. If Landlord at any time is compelled to pay or elects to pay any sum of money, or do any act which will require the payment of any sum of money, money by reason of the failure of Tenant to comply with any provision hereof, or, if Landlord is compelled to do or does elects to incur any expense expense, including reasonable attorney’s attorneys' fees, instituting, prosecuting and/or defending any action or proceeding instituted by reason of any default of Tenant hereunder, the sum or sums so paid by Landlord Landlord, with all interest interest, costs and costsdamages, shall be deemed to be additional rent hereunder and shall be due from Tenant to Landlord on the first day of the month following the incurring of such respective expensesexpenses or, or at Landlord’s option 's option, on the first day of any subsequent month. Any sum of money (other than rent) accruing from Tenant to Landlord pursuant to any provisions of this lease, including, but not limited to, the provisions of Schedule C, whether prior to or after the Term Commencement Date, may, at Landlord's option, be deemed additional rent, and Landlord shall have the same remedies for Tenant’s 's failure to pay any item of additional rent when due as for Tenant's failure to pay any installment of Rent when due. Tenant's obligations under this Article shall survive the expiration or sooner termination of the Demised Term. In any case in which the Rent or additional rent is not paid within ten (10) days of the day when same is due, on more than one (1) occasion in any twelve (12) month period, Tenant shall pay a late charge equal to 8-1/2 cents for each dollar so due. NO WAIVER