Common use of Right to Perform Clause in Contracts

Right to Perform. If Tenant shall fail to make any payment or perform any other act on its part to be performed hereunder, and such failure is not cured within fifteen (15) days after written notice from Landlord (provided that (a) where such failure cannot reasonably be cured within a fifteen (15) day period, Tenant shall not be in default if it commences such performance promptly after receiving Landlord’s notice of Tenant’s failure to perform and diligently thereafter prosecutes the same to completion, such grace period not to exceed a maximum of sixty (60) days in the aggregate, and (b) no such grace or cure period (or such xxxxxxx xxxxx or cure period as is set forth below) shall be required in the 44 event of Emergency), Landlord may, but shall not be obligated to, perform any such obligation of Tenant, and to recover from Tenant, as additional rent hereunder, the reasonable and actual costs incurred by Landlord in performing such obligation, which costs shall be payable within thirty (30) days after Landlord’s written demand thereof accompanied by reasonable substantiation thereof. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this section as in the case of default by Tenant in the payment of Rent. All sums paid by Landlord and all penalties, interest and costs in connection therewith, shall be due and payable by Tenant together with interest thereon at the Default Rate, which shall be calculated from the date incurred by Landlord until the date of payment.

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

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

Right to Perform. If Tenant shall fail to make pay any payment sum of money, other than Rent and additional rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure is not cured within fifteen thirty (1530) days after written notice from Landlord (provided that (a) where such failure cannot reasonably be cured within a fifteen thirty (1530) day period, Tenant shall not be in default if it commences such performance promptly after receiving Landlord’s 's notice of Tenant’s 's failure to perform and diligently thereafter prosecutes the same to completion, such grace period not to exceed a maximum of sixty ninety (6090) days in the aggregate, and (b) no such grace or cure period (or such xxxxxxx xxxxx or cure period as is set forth below) shall be required in the 44 event of Emergency), Landlord may, but shall not be obligated to, perform any such obligation of Tenant, and to recover from Tenant, as additional rent hereunder, Tenant the reasonable and actual costs incurred by Landlord in performing such obligation, which costs shall be payable within thirty (30) days after Landlord’s 's written demand thereof accompanied by reasonable substantiation thereofof the applicable costs, as additional rent hereunder. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this section as in the case of default by Tenant in the payment of Rent. All sums paid by Landlord and all penalties, interest and costs in connection therewith, shall be due and payable by Tenant together with interest thereon at the Default Rate, which shall be calculated from the date incurred by Landlord until the date of payment.

Right to Perform. If Tenant shall fail to make any payment or perform any other act on its part to be performed hereunder, and such failure is not cured within fifteen (15) days after written notice from Landlord (provided that (a) where such failure cannot reasonably be cured within a fifteen (15) day period, Tenant shall not be in default if it commences such performance promptly after receiving Landlord’s 's notice of Tenant’s 's failure to perform and diligently thereafter prosecutes the same to completion, such grace period not to exceed a maximum of sixty (60) days in the aggregate, and (b) no such grace or cure period (or such xxxxxxx xxxxx or cure period as is set forth below) shall be required in the 44 event of Emergency), Landlord may, but shall not be obligated to, perform any such obligation of Tenant, and to recover from Tenant, as additional rent hereunder, Tenant the reasonable and actual costs incurred by Landlord in performing such obligation, which costs shall be payable within thirty (30) days after Landlord’s 's written demand thereof accompanied by reasonable substantiation thereofof the applicable costs, as additional rent hereunder. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this section as in the case of default by Tenant in the payment of Rent. All sums paid by Landlord and all penalties, interest and costs in connection therewith, shall be due and payable by Tenant together with interest thereon at the Default Rate, which shall be calculated from the date incurred by Landlord until the date of payment.

Right to Perform. If Tenant shall fail to make pay any payment sum of money, other ---------------- than rent, required to be paid by it hereunder, or if Tenant shall fail to perform any other act on its part to be performed hereunder, and which such failure is not cured within fifteen shall continue for thirty (1530) days after written notice from Landlord (provided that (a) where such failure cannot reasonably be cured within days, then, in addition to a fifteen (15) day period, Tenant shall not be in default if it commences such performance promptly after receiving Landlord’s notice of Tenant’s failure to perform and diligently thereafter prosecutes the same to completion, such grace period not to exceed a maximum of sixty (60) days in the aggregate, and (b) no such grace or cure period (or such xxxxxxx xxxxx or cure period as is set forth below) shall be required in the 44 event of Emergency)provided by section 23.1, Landlord may, but shall not be obligated toso to do, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such obligation other act on tenant's part to be made or performed as provided in this Lease. Notwithstanding the foregoing, in the event of an emergency, if Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, Landlord may, but shall not be obligated so to do, and without waiving or releasing Tenant from any obligations of Tenant, and immediately make any such payment or perform any such other act on Tenant's part to recover from Tenant, be made or performed as additional rent hereunder, the reasonable and actual costs incurred by Landlord provided in performing such obligation, which costs shall be payable within thirty (30) days after Landlord’s written demand thereof accompanied by reasonable substantiation thereofthis Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this section Article as in the case of default by Tenant in the payment of Rentrent. All sums paid by Landlord and all penalties, interest and costs in connection therewith, shall be due and payable by Tenant as Additional Rent on the next day after such payment by Landlord, together with interest thereon at the Default Rate, which shall be calculated maximum rate of interest permitted by law from the such date incurred by Landlord until to the date of payment.

Right to Perform. If Tenant shall fail to make any payment or perform any other act on its part to be performed hereunder, and such failure is not cured within fifteen thirty (1530) days after written notice from Landlord (provided that (a) where such failure is curable, but cannot reasonably be cured within a fifteen thirty (1530) day period, Tenant shall not be in default if it commences such performance promptly after receiving Landlord’s 's notice of Tenant’s 's failure to perform and diligently thereafter prosecutes the same to completion, such grace period not to exceed a maximum of sixty (60) days in the aggregate, and (b) no such grace or cure period (or such xxxxxxx shorxxx xxxxx or xx cure period as is set forth below) shall be required in the 44 event of Emergency), Landlord may, but shall not be obligated to, perform any such obligation of Tenant, and to recover from Tenant, as additional rent hereunder, Tenant the reasonable and actual costs incurred by Landlord in performing such obligation, which costs shall be payable within thirty (30) days after Landlord’s 's written demand thereof accompanied by reasonable substantiation thereofof the applicable costs, as additional rent hereunder. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this section as in the case of default by Tenant in the payment of Rent. All sums paid by Landlord and all penalties, interest and costs in connection therewith, shall be due and payable by Tenant together with interest thereon at the Default Rate, which shall be calculated from the date incurred by Landlord until the date of payment.

Right to Perform. If Tenant shall fail to make any payment or perform any other act on its part to be performed hereunder, and such failure is not cured within fifteen (15) days after written notice from Landlord (provided that (a) where such failure cannot reasonably be cured within a fifteen (15) day period, Tenant shall not be in default if it commences such performance promptly after receiving Landlord’s 's notice of Tenant’s 's failure to perform and diligently thereafter prosecutes the same to completion, such grace period not to exceed a maximum of sixty ninety (6090) days in the aggregate, and (b) no such grace or cure period (or such xxxxxxx xxxxx or cure period as is set forth below) shall be required in the 44 event of Emergency), Landlord may, but shall not be obligated to, perform any such obligation of Tenant, and to recover from Tenant, as additional rent hereunder, Tenant the reasonable and actual costs incurred by Landlord in performing such obligation, which costs shall be payable within thirty (30) days after Landlord’s 's written demand thereof accompanied by reasonable substantiation thereofof the applicable costs, as additional rent hereunder. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this section as in the case of default by Tenant in the payment of Rent. All sums paid by Landlord and all penalties, interest and costs in connection therewith, shall be due and payable by Tenant together with interest thereon at the Default Rate, which shall be calculated from the date incurred by Landlord until the date of payment.

Right to Perform. If Tenant shall fail to make any payment or perform any other act on its part to be performed hereunder, or shall fail to make any payment to a third party that causes (or might cause, after the passage of time and failure to cure) Landlord to be in breach of any mortgage or deed of trust encumbering the Building Iand/or Project, and such failure is not cured within fifteen thirty (1530) days after written notice from Landlord (provided that (ai) where if the alleged breach is of such failure a nature that it cannot reasonably be reasonablyibe cured within a fifteen such thirty (1530) day period, then Tenant shall not be in default if it Tenant commences a cure within such performance promptly after receiving Landlord’s notice of Tenant’s failure to perform thirty (30) day period and diligently thereafter prosecutes the same such cure to completion, such grace period not to exceed a maximum of sixty and (60ii) days in the aggregateevent of an Emergency, and (b) no such grace or cure period (or such xxxxxxx xxxxx or cure period may be shortened as is set forth below) shall be required in reasonably necessary given the 44 event scope and nature of the Emergency), Landlord may, but shall not be obligated to, perform any such obligation of of, or make such payment by, Tenant, and to recover from Tenant, as additional rent hereunder, the reasonable and actual costs incurred by Landlord in performing or paying such obligation, which costs shall be payable within thirty (30) days after Landlord’s Landlord'~ written demand thereof accompanied by reasonable substantiation thereof. Landlord shall have (in addition inladdition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this section Section as in the case of default by Tenant in the payment of Rent. All sums paid by Landlord and all penalties, interest and costs in connection therewiththere I·th, shall be due and payable by Tenant together with interest thereon at the Default Rate, which shall be calculated from the date incurred by Landlord until the date of payment. 39.

Right to Perform. If Tenant shall fail to make any payment or perform any other act on its part to be performed hereunder, and such failure is not cured within fifteen thirty (1530) days after written notice from Landlord (provided that (a) where such failure cannot reasonably be cured within a fifteen thirty (1530) day period, Tenant shall not be in default if it commences such performance promptly after receiving Landlord’s 's notice of Tenant’s 's failure to perform and diligently thereafter prosecutes the same to completion, such grace period not to exceed a maximum of sixty ninety (6090) days in the aggregate, subject to Force Majeure, and (b) no such grace or cure period (or such xxxxxxx shorxxx xxxxx or xx cure period as is set forth below) shall be required in the 44 event of Emergency), Landlord may, but shall not be obligated to, perform any such obligation of Tenant, and to recover from Tenant, as additional rent hereunder, the reasonable and actual costs incurred by Landlord in performing such obligation, which costs shall be payable within thirty (30) days after Landlord’s 's written demand thereof accompanied by reasonable substantiation thereof. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this section as in the case of default by Tenant in the payment of Rent. All sums paid by Landlord and all penalties, interest and costs in connection therewith, shall be due and payable by Tenant together with interest thereon at the Default Rate, which shall be calculated from the date incurred by Landlord until the date of payment.

Right to Perform. Subject to Section 8.1(b) above, Landlord shall have the right to perform any work that Landlord reasonably deems necessary to prevent waste or deterioration in connection with the Premises. If Landlord makes any repairs that Tenant shall fail is obligated to make any payment or perform any other act on its part pursuant to be performed hereunder, and such failure is not cured within fifteen (15) days after written notice from Landlord (provided that (a) where such failure cannot reasonably be cured within a fifteen (15) day periodthe terms of this Lease, Tenant shall not be in default if it commences pay the cost, of such performance promptly after receiving Landlord’s notice of Tenant’s failure to perform repairs (which shall include third party costs and diligently thereafter prosecutes the same to completion, such grace period not to exceed a maximum of sixty (60) days in the aggregate, and (b) no such grace or cure period (or such xxxxxxx xxxxx or cure period as is set forth below) shall be required in the 44 event of Emergency), Landlord may, but shall not be obligated to, perform any such obligation of Tenant, and to recover from Tenant, as additional rent hereunder, the reasonable and actual internal costs incurred by Landlord to the extent directly attributable to the performance of any such repairs) to Landlord as Additional Rental, promptly upon receipt of a xxxx from Landlord for the same. Tenant shall have the right to perform any work that Landlord is required but fails to perform hereunder in performing connection with the Premises should Landlord fail to commence such obligation, which costs shall be payable repairs within thirty (30) days after Landlord’s receipt of written demand therefor or, after commencing same, Landlord fails to diligently pursue such repairs to completion within thirty (30) days after receipt of written demand therefor. If Tenant makes any repairs that Landlord is obligated to make pursuant to the terms of this Lease, Landlord shall pay its portion of the costs (which shall include third party costs and reasonable internal costs incurred by Tenant to the extent directly attributable to the performance of any such repairs) thereof within ten (10) days of receipt of demand (which demand, in order to be effective and in order to be considered delivered to Landlord under this Section 8.2, must be accompanied by invoices, vouchers, receipts or other reasonable substantiation thereof. documentation evidencing the amounts for which payment is being requested in such demand) by Tenant and, if Landlord shall have (in addition fails to any other right or remedy do so, the amount due will bear interest at the rate of Landlord) 6% per annum from and after the date such costs were incurred until the same rights and remedies is paid in the event of the nonpayment of sums due under this section as in the case of default by Tenant in the payment of Rent. All sums paid by Landlord and all penalties, interest and costs in connection therewith, shall be due and payable by Tenant together with interest thereon at the Default Rate, which shall be calculated from the date incurred by Landlord until the date of paymentfull.