Common use of CURING TENANT'S DEFAULTS Clause in Contracts

CURING TENANT'S DEFAULTS. 30.01. If Tenant shall default in the performance of any covenant, agreement, term, provision or condition herein contained, Landlord, without thereby waiving such default, may 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 three days from the date of the giving by Landlord to Tenant of written notice of intention so to do. Bills for any reasonable and necessary expense incurred by Landlord 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 collect the fixed rent or additional rent or other charge or any part thereof or enforcing or endeavoring to enforce any rights against Tenant under or in connection with this Lease, 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 provided, furnished or rendered, 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 cleaning services and any charges for other services incurred by Tenant under this Lease, may be sent by Landlord to Tenant monthly, or immediately, at Landlord's option, 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 this Lease together with interest thereon at the rate of 18% per annum from the date the said bills should have been paid in accordance with their terms. Landlord reserves the right, without liability to Tenant and without constituting any claim of constructive eviction, to suspend furnishing or rendering to Tenant any property, material, labor, utility or other service, wherever Landlord is obligated to furnish or render the same at the expense of Tenant, in the event that (but only for so long as) Tenant is in arrears in paying Landlord therefor.

CURING TENANT'S DEFAULTS. 30.0129.01. If Tenant shall default in the performance of any covenant, agreement, term, provision or condition herein contained, or if Landlord shall incur any liability, loss, cost or expense on behalf of Tenant or for which Landlord shall otherwise be entitled to reimbursement by Tenant, Landlord, without thereby waiving such default, may perform the same for the account and at the expense of Tenant Tenant, [and may apply or retain the whole or any part of the Security Deposit (hereinafter defined) or present the LC (hereinafter defined) for payment and apply or retain the whole or any part of the proceeds, thereof, as the case may be,] without notice in a case of emergency and in any other case if such default continues after three (3) days from the date of the giving by Landlord to Tenant of written notice of intention so to do. Bills for any reasonable and necessary expense incurred by Landlord 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 collect the fixed rent or additional rent Fixed Rent, Additional Rent or other charge charges or any part thereof or enforcing or endeavoring to enforce any rights against Tenant under or in connection with this Lease, 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 provided, furnished or rendered, 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 cleaning services incurred under Articles 16 and 17 hereof and any charges for other services incurred by Tenant under this Lease, may be sent by Landlord to Tenant monthly, or immediately, at Landlord's option, 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 Additional Rent under this Lease together with interest thereon at the rate of 18% per annum from the date the said bills should have been paid as provided for in accordance with their termsSection 41.02 hereof. Landlord reserves the right, without liability to Tenant and without constituting any claim of constructive eviction, to suspend furnishing or rendering to Tenant any property, material, labor, utility or other service, wherever Landlord is obligated to furnish or render the same at the expense of Tenant, in the event that (but only for so long as) Tenant is in arrears in paying Landlord therefor.

CURING TENANT'S DEFAULTS. 30.01. If Tenant shall default in the performance of any covenant, agreement, termterms, provision or condition herein containedcontained beyond any applicable notice and cure period, Landlord, without thereby waiving such default, may perform the same for the account and at the reasonable expense of Tenant Tenant, without notice in a case of emergency and in any other case if such default continues after three days from the date expiration of the giving by Landlord to Tenant applicable grace period provided for in Article 19 of written notice of intention so to dothis Lease or if an emergency exists. Bills for any reasonable and necessary expense incurred by Landlord in connection with any such performance by Landlord for the account of Tenant, and reasonable and necessary bills for all reasonable costs, expenses and disbursementsdisbursements of every kind and nature whatsoever, including (without being including, but not limited to) , reasonable counsel fees, incurred involved in collecting or endeavoring to collect the fixed rent or additional rent or other charge or any part thereof or enforcing or endeavoring to enforce any rights against Tenant Tenant, under or in connection with this Lease, or pursuant to law, including (without being limited to) any such costreasonable costs, 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 provided, furnished or rendered, 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 other similar or cleaning services and any charges for other dissimilar services incurred by Tenant under this Lease, may be sent by Landlord to Tenant monthly, or immediately, at Landlord's option, and shall be due and payable by Tenant in accordance with the terms of said bills bills, and if not paid when due, the amounts thereof shall immediately become due and payable as additional rent under this Lease together with interest thereon at the rate of 18% per annum from the date the said bills should have been paid in accordance with their terms. Landlord reserves the right, without liability to Tenant and without constituting any claim of constructive eviction, to suspend furnishing or rendering to Tenant any property, material, labor, utility or other service, wherever Landlord is obligated to furnish or render the same at the expense of Tenant, in the event that (but only for so long as) Tenant is in arrears in paying Landlord thereforLease.

CURING TENANT'S DEFAULTS. 30.0132.01. If Tenant shall default in the performance of any covenant, agreement, term, provision or condition herein containedof Tenant's obligations under this Lease, Landlord, without thereby waiving such default, may (but shall not be obligated to) perform the same for the account and at the expense of Tenant Tenant, without notice in a case of emergency emergency, and in any other case only if such default continues after three the expiration of fifteen (15) days from the date Landlord gives Tenant notice of the giving by default. Tenant shall be allowed a reasonable time to cure any default beyond said fifteen (15) days for those issues not curable beyond the reasonable control of Tenant within fifteen (15) days. In addition Tenant will use best efforts to cure and Tenant will keep Landlord aware in writing of all progress in any circumstance of default not curable within fifteen (15) days. As long as Tenant diligently pursues cure than Tenant may have sixty (60) days to Tenant of written notice of intention so to docure. Bills for any reasonable and necessary expense expenses incurred by Landlord in connection with any such performance by Landlord it for the account of Tenant, and reasonable and necessary bills for all costs, expenses and disbursementsdisbursements of every kind and nature whatsoever, including (without being limited to) reasonable counsel feesattorneys' fees and expenses, incurred involved in collecting or endeavoring to collect the fixed rent or additional rent or other charge Rent or any part thereof or enforcing or endeavoring to enforce any rights against Tenant or Tenant's obligations hereunder, under or in connection with this Lease, Lease or pursuant to law, including (without being limited to) any such reasonable cost, expense and disbursement involved in instituting and prosecuting summary proceedingsproceedings or in recovering possession of the Demised Premises after default by Tenant or upon the expiration of the Term or sooner termination of this Lease, as well as bills for any property, material, labor or services provided, furnished or rendered, or caused to be provided, furnished or rendered, and interest on all sums advanced 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 cleaning services and any charges for other services incurred by Tenant under this LeaseArticle at the Late Payment Rate or the maximum rate permitted by law, whichever is less, may be sent by Landlord to Tenant monthly, or immediately, at Landlord's option, and such amounts 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 this Lease together with interest thereon at the rate of 18% per annum from the date the said bills should have been paid in accordance with their terms. Landlord reserves the right, without liability to Tenant and without constituting any claim of constructive eviction, to suspend furnishing or rendering to Tenant any property, material, labor, utility or other service, wherever Landlord is obligated to furnish or render the same at the expense of Tenant, in the event that (but only for so long as) Tenant is in arrears in paying Landlord thereforsuch bills.

CURING TENANT'S DEFAULTS. 30.01. If Tenant shall default in the performance of any covenant, agreement, term, provision or condition herein contained, Landlord, without thereby waiving such default, may 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 three days from the date of the giving by Landlord to Tenant of written notice of intention so to do. Bills for any reasonable and necessary expense incurred by Landlord 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 collect the fixed rent or additional rent or other charge or any part thereof or enforcing or endeavoring to enforce any rights against Tenant under or in connection with this Lease, 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 provided, furnished or rendered, 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 cleaning services and any charges for other services incurred by Tenant under this Lease, may be sent by Landlord to Tenant monthly, or immediately, at Landlord's option, 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 this Lease together with interest thereon at the rate of 18% per annum from the date the said bills should have been paid in accordance with their terms. Landlord reserves the right, without liability to Tenant and without constituting any claim of constructive eviction, to suspend furnishing or rendering to Tenant any property, material, labor, utility or other service, wherever Landlord is obligated to furnish or render the same at the expense of Tenant, in the event that (but only for so long as) Tenant is in arrears in paying Landlord therefor.. 30.02. Any provisions of this Lease which requires Landlord not to unreasonably withhold or delay its consent shall never be the basis for an award of damages or give rise to a right of set-off to Tenant, but shall only be the basis for a declaratory judgment or specific injunction with respect to the matter in question. ARTICLE 31

CURING TENANT'S DEFAULTS. 30.01. If Tenant shall default in the performance of any covenant, agreement, term, provision or condition herein contained, Landlord, without thereby waiving such default, may perform the same for the account and at the expense of Tenant Tenant, without notice in a case of emergency and in any other case if such default continues after three days from the date expiration of the giving by Landlord to Tenant applicable grace period provided for in Article 19 of written notice of intention so to dothis Lease or if an emergency exists. Bills for any reasonable and necessary expense incurred by Landlord in connection with any such performance by Landlord for the account of Tenant, and reasonable and necessary bills for all costs, expenses and disbursementsdisbursements of every kind and nature whatsoever, including (without being including, but not limited to) , reasonable counsel fees, incurred involved in collecting or endeavoring to collect the fixed rent or additional rent or other charge or any part thereof or enforcing or endeavoring to enforce any rights against Tenant Tenant, under or in connection with this Lease, or pursuant to law, including (without being limited to) any such costcosts, 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 provided, furnished or rendered, 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 other similar or cleaning services and any charges for other dissimilar services incurred by Tenant under this Lease, may be sent by Landlord to Tenant monthly, or immediately, at Landlord's option, and shall be due and payable by Tenant in accordance with the terms of said bills bills, and if not paid when due, the amounts thereof shall immediately become due and payable as additional rent under this Lease together with interest thereon at the rate of 18% per annum from the date the said bills should have been paid in accordance with their terms. Landlord reserves the right, without liability to Tenant and without constituting any claim of constructive eviction, to suspend furnishing or rendering to Tenant any property, material, labor, utility or other service, wherever Landlord is obligated to furnish or render the same at the expense of Tenant, in the event that (but only for so long as) Tenant is in arrears in paying Landlord thereforLease.

CURING TENANT'S DEFAULTS. 30.0127.01. If Tenant shall default in the performance of any covenant, agreement, term, provision or condition herein containedof Tenant's obligations under this Lease, Landlord, any Superior Lessor or any Superior Mortgagee without thereby waiving such default, may (but shall not be obligated to) perform the same for the account and at the expense of Tenant Tenant, without notice in a case of emergency (provided that Landlord shall endeavor in emergency circumstances to provide such notice, if any, as is reasonable under the circumstances), and in any other case only if such default continues after three days from the date giving of notice and the expiration of the giving applicable grace period, if any. If Landlord effects such cure by bonding any lien which Tenant is required to bond, Tenant shall obtain and substitute a bond for Landlord's bond at its sole cost and expense and reimburse Landlord for the cost of Landlord's bond. Upon completion of any such cure of Tenant's default pursuant to this Section 27.01, Landlord shall give notice thereof to Tenant together with a copy of written notice of intention so to do. Bills for any paid invoices setting forth the reasonable costs and necessary expense expenses incurred by Landlord in connection with any effecting such performance cure. Tenant shall reimburse Landlord, as Additional Charges hereunder, within ten (10) days after receipt of such notice for such reasonable costs and expenses incurred by Landlord for in effecting such cure. In the account case 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 collect the fixed rent or additional rent or other charge or any part thereof or enforcing or endeavoring to enforce any rights against Tenant under or in connection with this Lease, 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 provided, furnished or rendered, 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 cleaning services and any charges for other services incurred default by Tenant under this Lease, may be sent Lease if Landlord shall elect to cure such default (without any obligation on the part of Landlord to commence or complete any such cure) and Tenant shall reimburse Landlord for the reasonable costs and expenses incurred by Landlord in effecting such cure as herein above provided in this Section 27.01, then, unless this Lease has been terminated pursuant to Article 22 hereof or by operation of law or otherwise prior to such cure by Landlord and reimbursement by Tenant, upon such cure by Landlord and reimbursement by Tenant monthly, or immediately, at Landlord's option, and such default shall be due deemed cured by Tenant, provided however that the foregoing shall not be deemed to preclude Landlord from terminating this Lease pursuant to Article 22 or 110 otherwise exercising its rights and payable by remedies against 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 this Lease together with interest thereon or at law or in equity or otherwise prior to the rate completion of 18% per annum from the date the said bills should have been paid in accordance with their terms. such cure by Landlord reserves the right, without liability to Tenant and without constituting any claim of constructive eviction, to suspend furnishing or rendering to Tenant any property, material, labor, utility or other service, wherever Landlord is obligated to furnish or render the same at the expense of reimbursement by Tenant, in the event that (but only for so long as) Tenant is in arrears in paying Landlord therefor.

CURING TENANT'S DEFAULTS. 30.01. If Tenant shall default in the performance of any covenant, agreement, termterms, provision or condition herein containedcontained beyond any applicable notice and cure period, Landlord, without thereby waiving such default, may perform the same for the account and at the reasonable expense of Tenant Tenant, without notice in a case of emergency and in any other case if such default continues after three days from the date expiration of the giving applicable grace period provided for in Article 19 of this Lease or if an emergency exists. Except for those expenses to be borne by Landlord to Tenant of written notice of intention so to do. Bills hereunder, bills for any reasonable and necessary expense incurred by Landlord in connection with any such performance by Landlord for the account of Tenant, and reasonable and necessary bills for all reasonable costs, expenses and disbursementsdisbursements of every kind and nature whatsoever, including (without being including, but not limited to) , reasonable counsel fees, incurred involved in collecting or endeavoring to collect the fixed rent or additional rent or other charge or any part thereof or enforcing or endeavoring to enforce any rights against Tenant Tenant, under or in connection with this Lease, or pursuant to law, including (without being limited to) any such costreasonable costs, 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 provided, furnished or rendered, 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 other similar or cleaning services and any charges for other dissimilar services incurred by Tenant under this Lease, may be sent by Landlord to Tenant monthly, or immediately, at Landlord's option, and shall be due and payable by Tenant in accordance with the terms of said bills bills, and if not paid within twenty (20) days after the date when due, the amounts thereof shall immediately become due and payable as additional rent under this Lease together with interest thereon at the rate of 18% per annum from the date the said bills should have been paid in accordance with their terms. Landlord reserves the right, without liability to Tenant and without constituting any claim of constructive eviction, to suspend furnishing or rendering to Tenant any property, material, labor, utility or other service, wherever Landlord is obligated to furnish or render the same at the expense of Tenant, in the event that (but only for so long as) Tenant is in arrears in paying Landlord thereforLease.

CURING TENANT'S DEFAULTS. 30.01. If Tenant shall default in the performance of any covenant, agreement, term, provision or condition herein containedof Tenant's obligations under this Lease, Landlord, without thereby waiving such default, may (but shall not be obligated to) perform the same for the account and at the expense of Tenant Tenant, without notice in a case of emergency emergency, and in any other case only if such default continues after three the expiration of fifteen (15) days from the date Landlord gives Tenant notice of the giving by Landlord to Tenant of written notice of intention so to dodefault. Bills Charges for any reasonable and necessary expense expenses reasonably incurred by Landlord in connection with any such performance by Landlord it for the account of Tenant, and reasonable and necessary bills charges for all costs, expenses and disbursementsdisbursements of every kind and nature whatsoever, including (without being limited to) reasonable counsel feesattorneys' fees and expenses, incurred involved in collecting or endeavoring to collect the fixed rent or additional rent or other charge Rent or any part thereof or enforcing or endeavoring to enforce any rights against Tenant or Tenant's obligations hereunder, under or in connection with this Lease, Lease 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 proceedings or services provided, furnished or rendered, or caused to be provided, furnished or rendered, by Landlord to Tenant including (without being limited to) electric lamps and other equipment, construction work done for in recovering possession of 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 cleaning services and any charges for other services incurred Demised Premises after default by Tenant under or upon the expiration of the Term or sooner termination of this Lease, and interest on all sums advanced by Landlord under this Article at the Late Payment Rate or the maximum rate permitted by law, whichever is less, shall be payable by Tenant and may be sent invoiced by Landlord to Tenant monthly, or immediately, or at any time, at Landlord's option, and such amounts shall be due and payable by Tenant in accordance with the terms of said such bills and if not paid when due, the amounts thereof shall immediately become due and payable as additional rent under this Lease together with interest thereon at the rate of 18% per annum from the date the said bills should have been paid in accordance with their terms. Landlord reserves the right, without liability to Tenant and without constituting any claim of constructive eviction, to suspend furnishing or rendering to Tenant any property, material, labor, utility or other service, wherever Landlord is obligated to furnish or render the same at the expense of Tenant, in the event that (but only for so long as) Tenant is in arrears in paying Landlord thereforupon demand.

CURING TENANT'S DEFAULTS. 30.01. If Tenant shall default in the performance of any covenant, agreement, termterms, provision or condition herein contained, Landlord, without thereby waiving such default, may perform the same for the account and at the expense of Tenant Tenant, without notice in a case of emergency and in any other case if such default continues after three days from the date expiration of the giving by Landlord to Tenant applicable grace period provided for in Article 19 of written notice of intention so to dothis Lease or if an emergency exists. Bills for any reasonable and necessary expense incurred by Landlord in connection with any such performance by Landlord for the account of Tenant, and reasonable and necessary bills for all costs, expenses and disbursementsdisbursements of every kind and nature whatsoever, including (without being including, but not limited to) , reasonable counsel fees, incurred involved in collecting or endeavoring to collect the fixed rent or additional rent or other charge or any part thereof or enforcing or endeavoring to enforce any rights against Tenant Tenant, under or in connection with this Lease, or pursuant to law, including (without being limited to) any such costcosts, 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 provided, furnished or rendered, 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 other similar or cleaning services and any charges for other dissimilar services incurred by Tenant under this Lease, may be sent by Landlord to Tenant monthly, or immediately, at Landlord's option, and shall be due and payable by Tenant in accordance with the terms of said bills bills, and if not paid when due, the amounts thereof shall immediately become due and payable as additional rent under this Lease together with interest thereon at the rate of 18% per annum from the date the said bills should have been paid in accordance with their terms. Landlord reserves the right, without liability to Tenant and without constituting any claim of constructive eviction, to suspend furnishing or rendering to Tenant any property, material, labor, utility or other service, wherever Landlord is obligated to furnish or render the same at the expense of Tenant, in the event that (but only for so long as) Tenant is in arrears in paying Landlord thereforLease.

CURING TENANT'S DEFAULTS. 30.01. 30.01 If Tenant shall default in the performance of any covenant, agreement, term, provision or condition herein contained, Landlord, without thereby waiving such default, may 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 three five (5) business days from the date of the giving by Landlord to Tenant of written notice of intention so to do. Bills for any reasonable and necessary expense incurred by Landlord 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 collect the fixed rent or additional rent or other charge or any part thereof or enforcing or endeavoring to enforce any rights against Tenant under or in connection with this Lease, 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 provided, furnished or rendered, 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 cleaning services and any charges for other services incurred by Tenant under this Lease, may be sent by Landlord to Tenant monthly, or immediately, at Landlord's option, 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 this the Lease together with interest thereon at the rate of 1812% per annum from the date of the said bills which should have been paid in accordance with their terms. Landlord reserves the right, without liability to Tenant and without constituting any claim of constructive eviction, to suspend furnishing or rendering to Tenant any property, material, labor, utility or other service, wherever whenever Landlord is obligated to furnish or render the same at the expense of Tenant, in the event that (but only for so long as) Tenant is in arrears in paying Landlord therefor.

CURING TENANT'S DEFAULTS. 30.01. If Tenant shall default in the performance of any covenantof Tenant’s obligations under this Lease, agreementincluding, termbut not limited to, provision or condition herein containedTenant’s failure to make a required repair pursuant to Article 17.01 above, Landlord, without thereby waiving such default, may (but shall not be obligated to) perform the same for the account and at the expense of Tenant Tenant, without notice in a case of emergency emergency, and in any other case only if such default continues after three the expiration of thirty (30) days from the date Landlord gives Tenant notice of the giving by Landlord to Tenant of written notice of intention so to dodefault. Bills Charges for any reasonable and necessary expense expenses incurred by Landlord in connection with any such performance by Landlord it for the account of Tenant, and reasonable and necessary bills charges for all costs, expenses and disbursementsdisbursements of every kind and nature whatsoever, including (without being limited to) reasonable counsel feesattorneys’ fees and expenses, incurred involved in collecting or endeavoring to collect the fixed rent or additional rent or other charge Rent or any part thereof or enforcing or endeavoring to enforce any rights against Tenant or Tenant’s obligations hereunder, under or in connection with this Lease, Lease 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 proceedings or services provided, furnished or rendered, or caused to be provided, furnished or rendered, by Landlord to Tenant including (without being limited to) electric lamps and other equipment, construction work done for in recovering possession of 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 cleaning services and any charges for other services incurred Demised Premises after default by Tenant under or upon the expiration of the Term or sooner termination of this Lease, and interest on all sums advanced by Landlord under this Article at the Late Payment Rate or the maximum rate permitted by law, whichever is less, shall be payable by Tenant and may be sent invoiced by Landlord to Tenant monthly, or immediately, or at any time, at Landlord's ’s option, and such amounts shall be due and payable by Tenant in accordance with the terms within thirty (30) days following rendition of said bills and if not paid when due, the amounts thereof shall immediately become due and payable as additional rent under this Lease together with interest thereon at the rate of 18% per annum from the date the said bills should have been paid in accordance with their terms. Landlord reserves the right, without liability a xxxx to Tenant and without constituting any claim of constructive eviction, to suspend furnishing or rendering to Tenant any property, material, labor, utility or other service, wherever Landlord is obligated to furnish or render the same at the expense of Tenant, in the event that (but only for so long as) Tenant is in arrears in paying Landlord therefor.

CURING TENANT'S DEFAULTS. 30.01. If the Tenant shall default in the performance of any covenant, agreement, term, provision or condition herein contained, the Landlord, without thereby waiving such default, may perform the same for the account and at the expense of Tenant the Tenant, without notice in a case of an emergency and in any other case if such default continues after three days from the date expiration of the giving by Landlord to Tenant applicable grace period provided for in Article 22 of written notice of intention so to dothis Lease. Bills for any reasonable and necessary expense incurred by the Landlord in connection with any such performance by the Landlord for the account of the Tenant, and reasonable and necessary bills for all costs, expenses and disbursementsdisbursements of every kind and nature whatsoever, including (without being including, but not limited to) , reasonable counsel fees, incurred involved in collecting or endeavoring to collect the fixed rent or additional rent or other charge Rent or any part thereof or enforcing or endeavoring to enforce any rights against Tenant the Tenant, under or in connection with this Lease, 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 provided, furnished or rendered, by the Landlord to Tenant the Tenant, including (without being limited to) ), electric lamps and other equipment, construction work done for the account of the 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 cleaning building services incurred under the terms of this Lease and any charges for other similar or dissimilar services incurred by Tenant under this Lease, may be sent by the Landlord to the Tenant monthly, or immediately, at the Landlord's ’s option, and shall be due and payable by Tenant in accordance with the terms of said bills bills, and if not paid when due, the amounts thereof shall immediately become due and payable as additional rent Additional Rent under this Lease together with interest thereon at the rate of 18% per annum from the date the said bills should have been paid in accordance with their terms. Landlord reserves the right, without liability to Tenant and without constituting any claim of constructive eviction, to suspend furnishing or rendering to Tenant any property, material, labor, utility or other service, wherever Landlord is obligated to furnish or render the same at the expense of Tenant, in the event that (but only for so long as) Tenant is in arrears in paying Landlord thereforLease.

CURING TENANT'S DEFAULTS. 30.01. 30.01 If Tenant shall default in the performance of any covenant, agreement, term, provision or condition herein contained, Landlord, without thereby waiving such default, may 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 three days from the date of the giving by Landlord to Tenant of written notice of intention so to do. Bills for any reasonable and necessary expense incurred by Landlord 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 collect the fixed rent or additional rent or other charge or any part thereof or enforcing or endeavoring to enforce any rights against Tenant under or in connection with this Lease, 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 provided, furnished or rendered, 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 cleaning services and any charges for other services incurred by Tenant under this Lease, may be sent by Landlord to Tenant monthly, or immediately, at Landlord's option, 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 this the Lease together with interest thereon at the rate of 1812% per annum from the date of the said bills which should have been paid in accordance with their terms. Landlord reserves the right, without liability to Tenant and without constituting any claim of constructive eviction, to suspend furnishing or rendering to Tenant any property, material, labor, utility or other service, wherever whenever Landlord is obligated to furnish or render the same at the expense of Tenant, in the event that (but only for so long as) Tenant is in arrears in paying Landlord therefor.

CURING TENANT'S DEFAULTS. 30.01. 30.01 If Tenant shall default in the performance of any covenant, agreement, term, provision or condition herein contained, Landlord, without thereby waiving such default, may 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 three days from the date of the giving by Landlord to Tenant of written notice of intention so to do. Bills for any reasonable and necessary expense incurred by Landlord 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 collect the fixed rent or additional rent or other charge or any part thereof or enforcing or endeavoring to enforce any rights against Tenant under or in connection with this Lease, 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 provided, furnished or rendered, by Landlord to Tenant including (without being limited to) electric lamps and other equipment, construction work done for the account of Tenant, 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 cleaning services and any charges for other services incurred by Tenant under this Lease, may be sent by Landlord to Tenant monthly, or immediately, at Landlord's option, 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 this the Lease together with interest thereon at the rate of 1812% per annum from the date of the said bills which should have been paid in accordance with their terms. Landlord reserves the right, without liability to Tenant and without constituting any claim of constructive eviction, to suspend furnishing or rendering to Tenant any property, material, labor, utility or other service, wherever (except for utilities and other services which are necessary in order for Tenant to use and occupy the Premises for the conduct of Tenant's business) whenever Landlord is obligated to furnish or render the same at the expense of Tenant, in the event that (but only for so long as) Tenant is in arrears in paying Landlord therefor.

CURING TENANT'S DEFAULTS. 30.01. If Tenant shall default in the performance per- ------------------------ formance of any covenant, agreement, term, provision or condition herein contained, Landlord, without thereby waiving such default, may perform the same for the account and at the expense of Tenant Tenant, without notice in a case of emergency and in any other case if such default continues after three days from the date expiration of the giving by Landlord to Tenant applicable grace period provided for in Article 19 of written notice of intention so to dothis Lease or if an emergency exists. Bills for any reasonable and necessary expense incurred by Landlord in connection with any such performance by Landlord for the account of Tenant, and reasonable and necessary bills for all costs, expenses and disbursementsdisbursements of every kind and nature whatsoever, including (without being including, but not limited to) , reasonable counsel fees, incurred involved in collecting or endeavoring to collect the fixed rent or additional rent or other charge or any part thereof or enforcing or endeavoring to enforce any rights against Tenant Tenant, under or in connection with this Lease, or pursuant to law, including (without being limited to) any such cost, expense and disbursement disburse- ment involved in instituting and prosecuting summary proceedings, as well as bills for any property, material, material labor or services provided, furnished or rendered, or caused to be provided, furnished or rendered, 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 cleaning building services incurred under Article 10 hereof and any charges for other similar or dissimilar services incurred by Tenant under this Lease, may be sent by Landlord to Tenant monthly, or immediately, at Landlord's option, and shall be due and payable by Tenant in accordance with the terms of said bills bills, and if not paid when due, the amounts thereof shall immediately become due and payable as additional rent under this Lease together with interest thereon at the rate of 18% per annum from the date the said bills should have been paid in accordance with their terms. Landlord reserves the right, without liability to Tenant and without constituting any claim of constructive eviction, to suspend furnishing or rendering to Tenant any property, material, labor, utility or other service, wherever Landlord is obligated to furnish or render the same at the expense of Tenant, in the event that (but only for so long as) Tenant is in arrears in paying Landlord thereforLease.

CURING TENANT'S DEFAULTS. 30.01. If Tenant shall default in the performance of any covenant, agreement, term, provision or condition herein containedterm of this Lease on Tenant's part to be performed, Landlord, without thereby waiving such default, may may, but shall not be obligated to, perform the same for the account and at the expense of Tenant Tenant, without notice in a case of emergency and upon 10 days' prior notice in all other cases. Landlord may enter the Premises at any other case if such time to cure any default continues after three days from the date of the giving by Landlord without thereby incurring any liability to Tenant of written notice of intention so to door anyone claiming through or under Tenant. Bills for any reasonable and necessary expense expenses incurred by Landlord 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 or involved in collecting or endeavoring to collect the fixed rent or additional rent or other charge or any part thereof or enforcing or endeavoring to enforce any rights against Tenant under or in connection with this Lease, Lease 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 including reasonable attorneys fees and expenses, shall be paid by Tenant as Additional Rent on demand. In the event that Tenant is in arrears in payment of Rent, Tenant waives Tenant's right, if any, to designate the items against which any payments made by Tenant are to be provided, furnished or rendered, by credited and 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 may apply any charges for any additional elevator, heating, air conditioning or cleaning services and any charges for other services incurred payments made by Tenant under this Leaseto any items Landlord sees fit, may be sent irrespective of and notwithstanding any designation or requests by Landlord Tenant as to Tenant monthly, or immediately, at Landlord's option, and the items against which any such payments 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 this Lease together with interest thereon at the rate of 18% per annum from the date the said bills should have been paid in accordance with their termscredited. Landlord reserves the right, without liability to Tenant and without constituting any claim of constructive eviction, to suspend furnishing or rendering to Tenant electrical energy and all or any propertyother services (including heat, materialventilating and air conditioning), labor, utility or other service, wherever whenever Landlord is obligated to furnish or render the same at the expense of Tenantsame, in the event that (but only for so long as) Tenant is in arrears in paying Landlord therefor.

CURING TENANT'S DEFAULTS. 30.01. If the Tenant shall default in the performance of any covenant, agreement, term, provision or condition herein contained, the Landlord, without thereby waiving such default, may perform the same for the account and at the expense of Tenant the Tenant, without notice in a case of an emergency and in any other case if such default continues after three days from the date expiration of the giving by Landlord to Tenant applicable grace period provided for in Section 22 of written notice of intention so to dothis Lease. Bills for any reasonable and necessary expense incurred by the Landlord in connection with any such performance by the Landlord for the account of the Tenant, and reasonable and necessary bills for all costs, expenses and disbursementsdisbursements of every kind and nature whatsoever, including (without being including, but not limited to) , reasonable counsel fees, incurred involved in collecting or endeavoring to collect the fixed rent or additional rent or other charge Rent or any part thereof or enforcing or endeavoring to enforce any rights against Tenant the Tenant, under or in connection with this Lease, 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 provided, furnished or rendered, by the Landlord to Tenant the Tenant, including (without being limited to) ), electric lamps and other equipment, construction work done for the account of the 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 cleaning building services incurred under the terms of this Lease and any charges for other similar or dissimilar services incurred by Tenant under this Lease, may be sent by the Landlord to the Tenant monthly, or immediately, at the Landlord's ’s option, and shall be due and payable by Tenant in accordance with the terms of said bills bills, and if not paid when due, the amounts thereof shall immediately become due and payable as additional rent Additional Rent under this Lease together with interest thereon at the rate of 18% per annum from the date the said bills should have been paid in accordance with their terms. Landlord reserves the right, without liability to Tenant and without constituting any claim of constructive eviction, to suspend furnishing or rendering to Tenant any property, material, labor, utility or other service, wherever Landlord is obligated to furnish or render the same at the expense of Tenant, in the event that (but only for so long as) Tenant is in arrears in paying Landlord thereforLease.

CURING TENANT'S DEFAULTS. 30.01. 30.01 If Tenant shall default in the performance of any covenant, agreement, term, provision or condition herein contained, Landlord, without thereby waiving such default, may 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 three days from the date of the giving by Landlord to Tenant of written notice of intention so to do. Bills for any reasonable and necessary expense incurred by Landlord 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 collect the fixed rent or additional rent or other charge or any part thereof or enforcing or endeavoring to enforce any rights against Tenant under or in connection with this Lease, 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 provided, furnished or rendered, 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 cleaning services and any charges for other services incurred by Tenant under this Lease, may be sent by Landlord to Tenant monthly, or immediately, at Landlord's option, 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 this the Lease together with interest thereon at the rate of 1812% per annum from the date of the said bills which should have been paid in accordance with their terms. Landlord reserves the right, without liability to Tenant and without constituting any claim of constructive eviction, to suspend furnishing or rendering to Tenant any property, material, labor, utility or other service, wherever (except for utilities and other services which are necessary in order for Tenant to use and occupy the Premises for the conduct of Tenant's business), whenever Landlord is obligated to furnish or render the same at the expense of Tenant, in the event that (but only for so long as) Tenant is in arrears in paying Landlord therefor.