Common use of Landlord’s Right to Perform Tenant’s Covenants Clause in Contracts

Landlord’s Right to Perform Tenant’s Covenants. If Tenant shall commit an Event of Default, Landlord may, but shall not be obligated to and without waiving or releasing Tenant from any obligation of Tenant under this Lease, make such payment or perform such other act to the extent Landlord may deem desirable, and in connection therewith, pay expenses and employ counsel. All sums so paid by Landlord and all penalties, interest and costs in connection therewith shall be due and payable by Tenant on the next day after any such payment by Landlord, together with interest thereon at the Interest Rate from such date to the date of payment by, Tenant to Landlord, plus collection costs and attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of default in the payment of Rent. If Landlord fails to perform any obligation of Landlord hereunder with respect to the repair or maintenance of the Premises, the Outside Area or any other portion of the Property within thirty (30) days of written notice from Tenant, or such shorter time as may be required in an emergency, whether or not written notice shall be provided, Tenant shall be entitled to perform such obligation and Landlord shall reimburse to Tenant the reasonable cost of such performance promptly following receipt of written notice from Tenant describing the work performed and the cost incurred.

Landlord’s Right to Perform Tenant’s Covenants. If Tenant shall commit an Event of Defaultat any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord may, following reasonable prior notice, but shall not be obligated to and without waiving or releasing Tenant from any obligation of Tenant under this Lease, make such payment or perform such other act to the extent Landlord may deem desirable, and in connection therewith, pay expenses and employ counsel. All Tenant shall reimburse Landlord for all sums so paid by Landlord and all penalties, interest interest, legal fees and collection costs incurred in connection therewith within ten (10) days after Landlord's written request therefor. If Tenant fails to so reimburse Landlord within such ten (10) day period, then (a) a late charge shall be due and payable by Tenant assessed in accordance with PARAGRAPH 15(c) above, (b) interest shall accrue on the next day after any such delinquent payment by Landlord, together with interest thereon at the Interest Rate rate of ten percent (10%) per annum from such the date due to the date of payment by, thereof by Tenant to Landlord, plus collection costs and attorneys' fees. (c) Landlord shall have the same all other rights and remedies granted or reserved to Landlord hereunder for the nonpayment thereof as in the case of default in the payment of Rent. If Landlord fails to perform any obligation of Landlord hereunder with respect to the repair or maintenance of the Premises, the Outside Area or any other portion of the Property within thirty (30) days of written notice from Tenant, or such shorter time as may be required in an emergency, whether or not written notice shall be provided, Tenant shall be entitled to perform such obligation and Landlord shall reimburse to Tenant the reasonable cost of such performance promptly following receipt of written notice from Tenant describing the work performed and the cost incurred.

Landlord’s Right to Perform Tenant’s Covenants. If Tenant shall commit an Event of Defaultagrees that if Tenant at any time fails to pay any amount then required to be paid by Tenant under this Lease, or if Tenant fails to perform any other covenant or agreement on Tenant's part required to be performed, then after thirty (30) days' written notice to and demand upon Tenant which is not complied with during such 30-day period, Landlord may, may (but shall not be obligated to and do so), without waiving or releasing Tenant from any obligation of the obligations of Tenant under this Lease, make pay any such payment imposition or other sum or perform or pay others to perform such other act covenant or agreement, provided that Landlord shall have no such rights to pay or perform Tenant's obligations under this Section 10.3 if Tenant's failure cannot reasonably be cured within such thirty (30) day period and if Tenant is diligently attempting to cure same, and provided that Landlord shall not be required to give prior written notice to Tenant in the case of repairs to the extent Landlord may deem desirable, Leased Premises which must be made immediately to prevent or limit damage to the Leased Premises and in connection therewith, pay expenses and employ counselwhich Tenant does not make upon demand by Landlord. All sums so paid by Landlord and all penalties, interest and costs in connection therewith shall be due deemed additional rent hereunder and shall be payable by Tenant to Landlord on the next day after any such payment by Landlorddemand, together with interest thereon or at the Interest Rate from such date to the date of payment by, Tenant to Landlord, plus collection costs and attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of default in the payment of Rent. If Landlord fails to perform any obligation option of Landlord hereunder with respect to the repair or maintenance of the Premises, the Outside Area or any other portion of the Property within thirty (30) days of written notice from Tenant, or such shorter time as may be required in an emergency, whether added to any rent then due or not written notice shall be provided, Tenant shall be entitled to perform such obligation and Landlord shall reimburse to Tenant the reasonable cost of such performance promptly following receipt of written notice from Tenant describing the work performed and the cost incurredthereafter becoming due under this Lease.

Landlord’s Right to Perform Tenant’s Covenants. If Section 12.01. Tenant covenants and agrees that if it shall commit an Event of Defaultat any time fail to make any payment or perform any act which Tenant is obligated to make or perform under this Lease, then Landlord may, but shall not be obligated to and without waiving or releasing Tenant from any obligation obligations of Tenant under in this Lease, make such payment or perform such other act to the extent Landlord may deem desirableLease contained, and after written notice thereof to Tenant, do so on Tenant's behalf, in connection therewithsuch manner and to such extent as shall be necessary, and, in exercising any such rights, pay expenses necessary and incidental costs and expenses, employ counselcounsel and incur and pay reasonable attorneys' fees. All sums so paid by Landlord and all penalties, interest necessary and incidental costs and expenses in connection therewith shall be due and payable by Tenant on with the next day after performance of any such payment act by Landlord, together with interest thereon at the Interest Rate a rate of fifteen percent (15%) per annum from such date to the date of payment by, Tenant to the making of such expenditure by Landlord, plus collection costs shall be deemed additional rent hereunder and, except as otherwise in this Lease expressly provided, shall be payable to Landlord on demand or at the option of Landlord may be added to any rent then due or thereafter becoming due under this Lease, and attorneys' fees. Tenant covenants to pay any such sum or sums with interest as aforesaid and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies for in the nonpayment event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of Rent. If Landlord fails to perform any obligation of Landlord hereunder with respect to the repair or maintenance of the Premises, the Outside Area or any other portion of the Property within thirty (30) days of written notice from Tenant, or such shorter time as may be required in an emergency, whether or not written notice shall be provided, Tenant shall be entitled to perform such obligation and Landlord shall reimburse to Tenant the reasonable cost of such performance promptly following receipt of written notice from Tenant describing the work performed and the cost incurredrent.

Landlord’s Right to Perform Tenant’s Covenants. If Tenant shall commit an Event at any time default under this Lease with respect to any payment or performance of Defaultany other act on its part to be made or performed under this Lease, Landlord may, but shall not be obligated to and without waiving or releasing Tenant from any obligation of Tenant under this Lease, following not less than five (5) business days’ written notice to Tenant, make such payment or perform such other act to the extent Landlord may deem desirable, and in connection therewith, pay expenses and employ counsel. All Tenant shall reimburse Landlord for all reasonable sums so paid by Landlord and all penalties, interest interest, legal fees and collection costs reasonably incurred in connection therewith shall be due and payable by Tenant on the next day after any such payment by Landlord, together with interest thereon at the Interest Rate from such date to the date of payment by, Tenant to Landlord, plus collection costs and attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of default in the payment of Rent. If Landlord fails to perform any obligation of Landlord hereunder with respect to the repair or maintenance of the Premises, the Outside Area or any other portion of the Property within thirty (30) days of after Landlord’s written notice from Tenantrequest therefor. If Tenant fails to so reimburse Landlord within such thirty (30) day period, or such shorter time as may be required in an emergency, whether or not written notice then (a) a late charge shall be providedassessed in accordance with Section 15(c) above, (b) interest shall accrue on such delinquent payment at the rate of ten percent (10%) per annum from the date due to the date of payment thereof by Tenant shall be entitled to perform such obligation Landlord, and (c) Landlord shall reimburse have all other rights and remedies granted or reserved to Tenant Landlord hereunder for the reasonable cost nonpayment of such performance promptly following receipt of written notice from Tenant describing the work performed and the cost incurredRent.

Landlord’s Right to Perform Tenant’s Covenants. If Tenant shall commit an Event of Defaultat any time fail to make any payment or perform any act on its part to be made or performed hereunder, Landlord maythen Landlord, but shall not be obligated to and without waiving or releasing Tenant from any obligation of Tenant under contained in this Lease, make such payment may at its option pay any sum or perform such other any act on Tenant’s part to the extent Landlord may deem desirablebe paid or performed as provided herein, and may enter upon the Demised Premises for any purpose and take any action thereon as may be necessary to cure such failure. The amount of any payment made or expense incurred by Landlord in connection therewithwith the foregoing, pay expenses and employ counsel. All sums so paid by Landlord and all penalties, interest and costs in connection therewith shall be due and payable by Tenant on the next day after any such payment by Landlord, together with interest thereon at the Interest Default Rate from such date to the date of payment bypayment, shall constitute additional rent and shall be paid by Tenant to LandlordLandlord on demand. Notwithstanding the foregoing, plus collection costs and attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as may not, except in the case of default in the payment of Rent. If Landlord fails an emergency, exercise any rights pursuant to perform any obligation of Landlord hereunder with respect to the repair or maintenance of the Premisesthis Paragraph 13, the Outside Area or any other portion of the Property within except upon thirty (30) days of days’ prior written notice from to Tenant. In the event Tenant fails to pay Taxes or any other sum which Tenant is required by the terms of this Lease to pay, or and Landlord, in its absolute discretion elects to pay such shorter time as may be required in an emergency, whether or not written notice shall be providedsum on behalf of Tenant, Tenant shall be entitled pay to perform such obligation and Landlord shall reimburse to Tenant Landlord, as additional rent hereunder, within fifteen (15) days of demand therefor, the reasonable cost amount of such performance promptly following receipt payment, together with interest at the Default Rate, from the date of written notice from such payment by Landlord until the date Tenant describing the work performed and the cost incurredpays such sums to Landlord.