Advances by Landlord. If Tenant shall fail to make or perform any payment or act required by this Lease within any applicable cure period, then Landlord may at its option make such payment or perform such act for the account of Tenant, and Landlord shall not thereby be deemed to have waived any default or released Tenant from any obligation hereunder. Landlord shall give Tenant five (5) business days’ notice (except in the case of an emergency) prior to Landlord making such payment or protective advance. All amounts so paid by Landlord and all incidental out-of-pocket costs and expenses (including reasonable attorneys’ fees and expenses) actually incurred in connection with such payment or performance, together with interest at the Default Interest rate (or at the highest rate not prohibited by applicable law, whichever is less) from and including the date of the making of such payment or of the incurring of such costs and expenses to and including the date of repayment, shall be paid by Tenant to Landlord on demand.
Advances by Landlord. In the event that Tenant shall fail to timely pay any amount due Landlord under this Lease other than the Base Rent within ten (10) days after written notice to Tenant, Landlord, at its option, may advance such payment on behalf of Tenant (each an “Advance”). Tenant shall pay Landlord the amount of any Advance, together with interest thereon at the Default Rate from the date of such advance by Landlord until repayment thereof by Tenant. Tenant shall make such repayment not later than the first day of the calendar month following the date of such Advance.
Advances by Landlord. If an Event of Default has occurred and is continuing, and at any time if Tenant fails to maintain insurance in accordance with Article 14 hereof, if Tenant shall fail to make or perform any payment or act required by this Lease within any applicable cure period, then Landlord may at its option make such payment or perform such act for the account of Tenant, and Landlord shall not thereby be deemed to have waived any default or released Tenant from any obligation hereunder. All amounts so paid by Landlord and all incidental costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with such payment or performance, together with interest at the Applicable Rate from and including the date of the making of such payment or of the incurring of such costs and expenses to and including the date of repayment, shall be paid by Tenant to Landlord on demand.
Advances by Landlord. If an event of default has occurred and is continuing, and at any time if Tenant fails to maintain insurance in accordance with Article 14 hereof, if Tenant shall fail to make or perform any payment or act required by this Lease within any applicable cure period, then Landlord may at its option make such payment or perform such act for the account of Tenant, and Landlord shall not thereby be deemed to have waived any default or released Tenant from any obligation hereunder. All amounts so paid by Landlord and all incidental costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with such payment or performance, together with interest at the annual rate equal to the greater of (i) thirteen percent (13%) and (ii) three percent (3%) above the prime rate as announced from time to time in New York City by Citibank, N.A. (or at the highest rate not prohibited by applicable law, whichever is less) (the “Overdue Interest Rate”) from and including the date of the making of such payment or of the incurring of such costs and expenses to and including the date of repayment, shall be paid by Tenant to Landlord on demand.
Advances by Landlord. In any instance in which Landlord has elected to advance monies that are otherwise the responsibility of Tenant, said advances shall bear interest at the Default Rate commencing on the date of said advance by Landlord (subject, however, to any notice or grace period that may otherwise be specifically set forth in this Lease). Any and all such advances and interest thereon shall be considered Rent hereunder.
Advances by Landlord. 20.1 If Tenant shall fail to perform any term, covenant or agreement contained herein to be performed by Xxxxxx, within ten (10) days (except in the case of an emergency) after prior written notice from Landlord, Landlord may elect to make reasonable advances to perform the same or to cause the same to be performed, in which event Tenant, shall pay to Landlord all such sums advanced by Landlord, as Additional Rent, on the date on which the next installment of Fixed Rent is due hereunder following delivery by Landlord of an invoice therefor. All such sums advanced by Landlord, shall accrue interest commencing on the date of Landlord’s advance at the lesser of twelve percent (12%) per annum, or the then prime rate plus three percent (3%) of the XX Xxxxxx Xxxxx Bank, N.A., or its successor, in effect on the date of the advance, but in no event higher than the highest rate of interest permitted by law computed from the date of each advance to the date such sums are paid to Landlord. Anything to the contrary herein notwithstanding any such advances made by Landlord shall not be or be deemed a waiver of any default on the part of Tenant in the observance of the terms, covenants and agreements under this Lease or of any rights or remedies of Landlord upon any such default.
Advances by Landlord. 21.1. If Tenant shall fail to perform any term, covenant or agreement contained herein to be performed by Tenant, upon thirty (30) days advance written notice to Tenant, Landlord may elect to make advances to perform the same or to cause the same to be performed, in which event Tenant shall pay to Landlord all such sums reasonably advanced by Landlord, as Additional Rent, on the date on which the next installment of Fixed Rent is due hereunder following delivery by Landlord of an invoice therefor. All such sums advanced by Landlord shall accrue interest commencing on the date of Landlord's advance at the higher of 12% per annum, or the then prime rate of Citibank, N.A. announced publicly from its New York City Office (the "Prime Rate") but in no event higher than the highest rate of interest permitted by law computed from the date of each advance to the date such sums are paid to Landlord. Anything to the contrary herein notwithstanding, any such advances made by Landlord shall not be or be deemed a waiver of any default on the part of Tenant in the observance of the terms, covenants and agreements under this Lease or of any rights or remedies of Landlord upon any such default.
Advances by Landlord. Any amounts paid by Landlord for Tenant's account as herein provided and any amounts paid by Landlord to keep the Premises in a clean, safe and healthy condition, as herein specified, or to make up any default on Tenant's part, or to fulfill Tenant's covenants herein written, are hereby agreed and declared to be so much additional rent and shall be due and payable with the next installment of rent thereafter due under this Lease.
Advances by Landlord. At any time and from time to time, Landlord may incur and/or pay and/or advance costs or expenses: [i] incurred or advanced by Landlord which Landlord is authorized or has the right (but not necessarily the obligation) to incur or may incur under any Lease Document or any law; [ii] of whatever nature incurred or advanced by Landlord in exercising any right or remedy provided under any Lease Document or in taking any action which Landlord is authorized to take under any Lease Document; [iii] required to be paid by Tenant or Developer under any Lease Document, but which Tenant or Developer fails to pay within the time period required; or [iv] any and all costs and expenses from which Tenant or Developer is required to hold Landlord harmless under any Lease Document, but from which Tenant fails to hold Landlord harmless. Any costs, expenses, or advances incurred or paid by Landlord shall, upon demand, be paid to Landlord together with interest thereon at the Overdue Rate from the date of disbursement by Landlord. Payment of such costs, expenses, or advances shall be secured by the security interest granted to Landlord in the Lease Documents.
Advances by Landlord. If Tenant fails to make or perform any payment or act on its part to be made or performed under this Lease, Landlord may, at any time upon expiration of the applicable notice and cure period and without notice in case of an emergency make such payment or perform such act for the account of Tenant. The making of such payment or the performance of such act shall not be deemed a waiver of any default or a release of Tenant from any obligation. All sums so paid by Landlord and all necessary and incidental costs (including attorneys' fees and the allocable direct and indirect cost of Landlord's employees) incurred in connection with the performance of any such act by Landlord, together with interest at the Involuntary Rate from the date of the making of such payment or of the incurring of such costs by Landlord, shall be payable by Tenant to Landlord, on demand.
