Common use of CURING TENANT'S DEFAULTS Clause in Contracts

CURING TENANT'S DEFAULTS. 27.01. If Tenant shall default in the performance of any of Tenant’s obligations under this lease and such default continues after written notice (which notice may be oral in the case of an emergency that posses an imminent threat to the safety of persons or significant damage to Premises) and the expiration of the applicable grace period (or in the event of an emergency, a reasonable time under the circumstances), if any, Landlord 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 (provided such expense is commercially reasonable). 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 commercially reasonable cost of Landlord’s bond. 27.02. Bills for any reasonable actual out-of-pocket expenses incurred by Landlord in connection with any such performance by it for the account of Tenant, and bills for all reasonable actual out-of-pocket costs, expenses and disbursements of every kind and nature whatsoever, including reasonable counsel fees, involved in collecting or endeavoring to collect the Fixed Rent or Additional Charges 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 or pursuant to law, including any such cost, expense and disbursement involved in instituting and prosecuting summary proceedings or in recovering possession of the Premises after default by Tenant or upon the expiration or sooner termination of this lease, and interest on all sums advanced by Landlord under this Section 27.02 and/or Section 27.01 (at the Interest Rate or the maximum rate permitted by law, whichever is less) may be sent by Landlord to Tenant monthly, or immediately, at its option, and such amounts shall be due and payable (as Additional Charges) in accordance with the terms of such bills, but not sooner than thirty (30) days after the rendering of such bills, together with reasonable documentation with respect to such expenses. Notwithstanding anything to the contrary contained in this Section, Tenant shall have no obligation to pay the costs, expenses or disbursements of Landlord in any proceeding in which there shall have been rendered a final judgment against Landlord, and the time for appealing such final judgment shall have expired (the “Appeal Deadline”) and within thirty (30) days following the Appeal Deadline, Landlord shall reimburse to Tenant any amounts on account thereof that were previously paid by Tenant to any such party together with interest thereon at the Base Rate calculated from the date such amounts were paid by Tenant until the date on which Tenant is so reimbursed in full.

CURING TENANT'S DEFAULTS. 27.0130.01. If Tenant shall default in the performance of any of Tenant’s obligations under this lease and such default continues after written notice (which notice may be oral in the case of an emergency that posses an imminent threat to the safety of persons covenant, agreement, term, provision or significant damage to Premises) and the expiration of the applicable grace period (or in the event of an emergencycondition herein contained, a reasonable time under the circumstances)Landlord, if any, Landlord 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 (provided without notice in a case of emergency and in any other case if such expense is commercially reasonable). If default continues after three days from the date of the giving by Landlord effects such cure by bonding any lien which to Tenant is required of written notice of intention so to bond, Tenant shall obtain and substitute a bond for Landlord’s bond at its sole cost and expense and reimburse Landlord for the commercially reasonable cost of Landlord’s bond. 27.02do. Bills for any reasonable actual out-of-pocket expenses and necessary expense incurred by Landlord in connection with any such performance by it Landlord for the account of Tenant, and reasonable and necessary bills for all reasonable actual out-of-pocket costs, expenses and disbursements of every kind and nature whatsoeverdisbursements, including (without being limited to) reasonable counsel fees, involved incurred in collecting or endeavoring to collect the Fixed Rent fixed rent or Additional Charges additional rent or other charge 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 proceedings, as well as bills for any property, material, labor or in recovering possession 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 the Premises after default 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 or upon the expiration or sooner termination of this lease, and interest on all sums advanced by Landlord under this Section 27.02 and/or Section 27.01 (at the Interest Rate or the maximum rate permitted by lawLease, whichever is less) may be sent by Landlord to Tenant monthly, or immediately, at its Landlord's option, and such amounts shall be due and payable (as Additional Charges) by Tenant in accordance with the terms of such billssaid bills and if not paid when due, but not sooner than thirty (30) days after the rendering of such bills, together with reasonable documentation with respect to such expenses. Notwithstanding anything to the contrary contained in amounts thereof shall immediately become due and payable as additional rent under this Section, Tenant shall have no obligation to pay the costs, expenses or disbursements of Landlord in any proceeding in which there shall have been rendered a final judgment against Landlord, and the time for appealing such final judgment shall have expired (the “Appeal Deadline”) and within thirty (30) days following the Appeal Deadline, Landlord shall reimburse to Tenant any amounts on account thereof that were previously paid by Tenant to any such party Lease together with interest thereon at the Base Rate calculated rate of 18% per annum from the date such amounts were the said bills should have been paid by in accordance with their terms. Landlord reserves the right, without liability to Tenant until 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 date on which same at the expense of Tenant, in the event that (but only for so long as) Tenant is so reimbursed in fullarrears in paying Landlord therefor.

CURING TENANT'S DEFAULTS. 27.01. If Tenant shall default in the performance per- ------------------------ formance of any of Tenant’s obligations under this lease and such default continues after written notice (which notice may be oral in the case of an emergency that posses an imminent threat to the safety of persons covenant, agreement, term, provision or significant damage to Premises) and the expiration of the applicable grace period (or in the event of an emergencycondition herein contained, a reasonable time under the circumstances)Landlord, if any, Landlord 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 and in any other case if such default continues after the expiration of the applicable grace period provided such expense is commercially reasonable). 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 commercially reasonable cost in Article 19 of Landlord’s bond. 27.02this Lease or if an emergency exists. Bills for any reasonable actual out-of-pocket expenses expense incurred by Landlord in connection with any such performance by it Landlord for the account of Tenant, and bills for all reasonable actual out-of-pocket costs, expenses and disbursements of every kind and nature whatsoever, including including, but not limited to, reasonable counsel fees, involved in collecting or endeavoring to collect the Fixed Rent or Additional Charges 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 disburse- ment involved in instituting and prosecuting summary proceedings proceedings, as well as bills for any property, material labor or in recovering possession of the Premises after default by Tenant services provided, furnished or upon the expiration rendered, or sooner termination of this leasecaused to be provided, and interest on all sums advanced 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, as well as for any charges for any additional building services incurred under Article 10 hereof and any charges for other similar or dissimilar services incurred under this Section 27.02 and/or Section 27.01 (at the Interest Rate or the maximum rate permitted by lawLease, whichever is less) may be sent by Landlord to Tenant monthly, or immediately, at its Landlord's option, and such amounts shall be due and payable (as Additional Charges) in accordance with the terms of such said bills, but and if not sooner than thirty (30) days after paid when due, the rendering of such bills, together with reasonable documentation with respect to such expenses. Notwithstanding anything to the contrary contained in amounts thereof shall immediately become due and payable as additional rent under this Section, Tenant shall have no obligation to pay the costs, expenses or disbursements of Landlord in any proceeding in which there shall have been rendered a final judgment against Landlord, and the time for appealing such final judgment shall have expired (the “Appeal Deadline”) and within thirty (30) days following the Appeal Deadline, Landlord shall reimburse to Tenant any amounts on account thereof that were previously paid by Tenant to any such party together with interest thereon at the Base Rate calculated from the date such amounts were paid by Tenant until the date on which Tenant is so reimbursed in fullLease.

CURING TENANT'S DEFAULTS. 27.01. 30.01 If Tenant shall default in the performance of any of Tenant’s obligations under this lease and such default continues after written notice (which notice may be oral in the case of an emergency that posses an imminent threat to the safety of persons covenant, term, provision or significant damage to Premises) and the expiration of the applicable grace period (or in the event of an emergencycondition herein contained, a reasonable time under the circumstances)Landlord, if any, Landlord 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 without notice in a case of emergency and in any other case if such default continues after five (provided such expense is commercially reasonable). If 5) business days from the date of the giving by Landlord effects such cure by bonding any lien which to Tenant is required of written notice of intention so to bond, Tenant shall obtain and substitute a bond for Landlord’s bond at its sole cost and expense and reimburse Landlord for the commercially reasonable cost of Landlord’s bond. 27.02do. Bills for any reasonable actual out-of-pocket expenses and necessary expense incurred by Landlord in connection with any such performance by it Landlord for the account of Tenant, and reasonable and necessary bills for all reasonable actual out-of-pocket costs, expenses and disbursements of every kind and nature whatsoeverdisbursements, including (without being limited to) reasonable counsel fees, involved incurred in collecting or endeavoring to collect the Fixed Rent fixed rent or Additional Charges additional rent or other charge 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 proceedings, as well as bills for any property, material, labor or in recovering possession 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 the Premises after default 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 or upon the expiration or sooner termination of this lease, and interest on all sums advanced by Landlord under this Section 27.02 and/or Section 27.01 (at the Interest Rate or the maximum rate permitted by lawLease, whichever is less) may be sent by Landlord to Tenant monthly, or immediately, at its Landlord's option, and such amounts shall be due and payable (as Additional Charges) by Tenant in accordance with the terms of such billssaid bills and if not paid when due, but not sooner than thirty (30) days after the rendering of such bills, together with reasonable documentation with respect to such expenses. Notwithstanding anything to amounts thereof shall immediately become due and payable as additional rent under the contrary contained in this Section, Tenant shall have no obligation to pay the costs, expenses or disbursements of Landlord in any proceeding in which there shall have been rendered a final judgment against Landlord, and the time for appealing such final judgment shall have expired (the “Appeal Deadline”) and within thirty (30) days following the Appeal Deadline, Landlord shall reimburse to Tenant any amounts on account thereof that were previously paid by Tenant to any such party Lease together with interest thereon at the Base Rate calculated rate of 12% per annum from the date such amounts were of the said bills which should have been paid by in accordance with their terms. Landlord reserves the right, without liability to Tenant until and without constituting any claim of constructive eviction, to suspend furnishing or rendering to Tenant any property, material, labor, utility or other service, whenever Landlord is obligated to furnish or render the date on which same at the expense of Tenant, in the event that (but only for so long as) Tenant is so reimbursed in fullarrears in paying Landlord therefor.

CURING TENANT'S DEFAULTS. 27.01. 30.01 If Tenant shall default in the performance of any of Tenant’s obligations under this lease and such default continues after written notice (which notice may be oral in the case of an emergency that posses an imminent threat to the safety of persons covenant, term, provision or significant damage to Premises) and the expiration of the applicable grace period (or in the event of an emergencycondition herein contained, a reasonable time under the circumstances)Landlord, if any, Landlord 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 (provided without notice in a case of emergency and in any other case if such expense is commercially reasonable). If default continues after three days from the date of the giving by Landlord effects such cure by bonding any lien which to Tenant is required of written notice of intention so to bond, Tenant shall obtain and substitute a bond for Landlord’s bond at its sole cost and expense and reimburse Landlord for the commercially reasonable cost of Landlord’s bond. 27.02do. Bills for any reasonable actual out-of-pocket expenses and necessary expense incurred by Landlord in connection with any such performance by it Landlord for the account of Tenant, and reasonable and necessary bills for all reasonable actual out-of-pocket costs, expenses and disbursements of every kind and nature whatsoeverdisbursements, including (without being limited to) reasonable counsel fees, involved incurred in collecting or endeavoring to collect the Fixed Rent fixed rent or Additional Charges additional rent or other charge 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 proceedings, as well as bills for any property, material, labor or in recovering possession 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 the Premises after default 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 or upon the expiration or sooner termination of this lease, and interest on all sums advanced by Landlord under this Section 27.02 and/or Section 27.01 (at the Interest Rate or the maximum rate permitted by lawLease, whichever is less) may be sent by Landlord to Tenant monthly, or immediately, at its Landlord's option, and such amounts shall be due and payable (as Additional Charges) by Tenant in accordance with the terms of such billssaid bills and if not paid when due, but not sooner than thirty (30) days after the rendering of such bills, together with reasonable documentation with respect to such expenses. Notwithstanding anything to amounts thereof shall immediately become due and payable as additional rent under the contrary contained in this Section, Tenant shall have no obligation to pay the costs, expenses or disbursements of Landlord in any proceeding in which there shall have been rendered a final judgment against Landlord, and the time for appealing such final judgment shall have expired (the “Appeal Deadline”) and within thirty (30) days following the Appeal Deadline, Landlord shall reimburse to Tenant any amounts on account thereof that were previously paid by Tenant to any such party Lease together with interest thereon at the Base Rate calculated rate of 12% per annum from the date such amounts were of the said bills which should have been paid by in accordance with their terms. Landlord reserves the right, without liability to Tenant until and without constituting any claim of constructive eviction, to suspend furnishing or rendering to Tenant any property, material, labor, utility or other service, (except for utilities and other services which are necessary in order for Tenant to use and occupy the date on which 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 so reimbursed in fullarrears in paying Landlord therefor.

CURING TENANT'S DEFAULTS. 27.01. If Tenant shall default in the performance of any of Tenant’s 's obligations under this lease and such default continues after written notice (which notice may be oral in the case of an emergency that posses an imminent threat to the safety of persons or significant damage to Premises) and the expiration of the applicable grace period (or in the event of an emergencylease, a reasonable time under the circumstances)Landlord, if any, Landlord any Underlying 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 (provided Tenant, without notice in a case of emergency, and in any other case only if such expense is commercially reasonable)default continues after the expiration of any applicable notice and cure period. If Landlord effects such cure by bonding any lien which Tenant is required to bondbond or otherwise discharge, Tenant shall obtain and substitute a bond for Landlord’s 's bond at its sole cost and expense and reimburse Landlord for the commercially reasonable cost of Landlord’s 's bond. 27.02. Bills for any reasonable actual out-of-pocket expenses incurred by Landlord or any Underlying Lessor or any Mortgagee in connection with any such performance by it for the account of Tenant, and and, if Landlord shall be the successful party in any action or suit, bills for all reasonable actual out-of-pocket costs, expenses and disbursements of every kind and nature whatsoever, including reasonable counsel fees, involved in collecting or endeavoring to collect the Fixed Rent or Additional Charges or any part thereof or enforcing or endeavoring to enforce any rights against Tenant or Tenant’s 's obligations hereunder, under or in connection with this lease or pursuant to law, including any such cost, expense and disbursement involved in instituting and prosecuting summary proceedings or in recovering possession of the Premises after default by Tenant or upon the expiration or sooner termination of this lease, and interest on all sums advanced by Landlord or such Underlying Lessor or Mortgagee under this Section 27.02 and/or Section 27.01 (at -131- 136 the Interest Rate or the maximum rate permitted by law, whichever is lessRate) may be sent by Landlord or such Underlying Lessor or Mortgagee to Tenant monthly, or immediately, at its option, and such amounts shall be due and payable (as Additional Charges) Charges in accordance with the terms of such bills, but not sooner than thirty (30) days after the rendering of such bills, together with reasonable documentation with respect to such expenses. Notwithstanding anything to the contrary contained in this Section, Tenant shall have no obligation to pay the costs, expenses or disbursements of Landlord in any proceeding in which there shall have been rendered a final judgment against Landlord, and the time for appealing such final judgment shall have expired (the “Appeal Deadline”) and within thirty (30) days following the Appeal Deadline, Landlord shall reimburse to Tenant any amounts on account thereof that were previously paid by Tenant to any such party together with interest thereon at the Base Rate calculated from the date such amounts were paid by Tenant until the date on which Tenant is so reimbursed in full.

CURING TENANT'S DEFAULTS. 27.0130.01. If Tenant shall default in the performance of any of Tenant’s 's obligations under this lease and such default continues after written notice (which notice may be oral in the case of an emergency that posses an imminent threat to the safety of persons or significant damage to Premises) and the expiration of the applicable grace period (or in the event of an emergencyLease, a reasonable time under the circumstances)Landlord, if any, Landlord 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, without notice in a case of emergency, and in any other case only if such default continues after the expiration of fifteen (15) days from the date Landlord gives Tenant (provided such expense is commercially reasonable). 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 notice of the commercially reasonable cost of Landlord’s bond. 27.02default. Bills for any reasonable actual out-of-pocket expenses incurred by Landlord in connection with any such performance by it for the account of Tenant, and bills for all reasonable actual out-of-pocket costs, expenses and disbursements of every kind and nature whatsoever, including reasonable counsel feesattorneys' fees and expenses, involved in collecting or endeavoring to collect the Fixed Rent or Additional Charges or any part thereof or enforcing or endeavoring to enforce any rights against Tenant or Tenant’s 's obligations hereunder, under or in connection with this lease Lease or pursuant to law, including any such cost, expense and disbursement involved in instituting and prosecuting summary proceedings or in recovering possession of the Demised Premises after default by Tenant or upon the expiration of the Term or sooner termination of this leaseLease, and interest on all sums advanced by Landlord under this Section 27.02 and/or Section 27.01 (Article at the Interest Late Payment Rate or the maximum rate permitted by law, whichever is less) , may be sent by Landlord to Tenant monthly, or immediately, at its Landlord's option, and such amounts shall be due and payable (as Additional Charges) in accordance with the terms of such bills, but not sooner than thirty (30) days after . 31.01. Landlord and Tenant represent that no broker was instrumental in bringing about or consummating this Lease and that Landlord and Tenant had no conversations or negotiations with any broker concerning the rendering leasing of such bills, together with reasonable documentation with respect to such expenses. Notwithstanding anything the Demised Premises to the contrary contained in this Section, Tenant. Landlord and Tenant shall have no obligation agree to pay the indemnify and hold each other harmless against and from any claims for any brokerage commissions and all costs, expenses and liabilities in connection therewith, including, without limitation, attorneys' fees and expenses, arising out of any conversations or disbursements of Landlord in any proceeding in which there shall have been rendered a final judgment against Landlord, and the time for appealing such final judgment shall have expired (the “Appeal Deadline”) and within thirty (30) days following the Appeal Deadline, Landlord shall reimburse to Tenant any amounts on account thereof that were previously paid negotiations had by Tenant to any such party together with interest thereon at any broker claiming to have dealt through the Base Rate calculated from the date such amounts were paid by Tenant until the date on which Tenant is so reimbursed in fullindemnifying party.

CURING TENANT'S DEFAULTS. 27.01. If Tenant shall default in the performance of any of Tenant’s 's obligations under this lease and such default continues after written notice (which notice may be oral in the case of an emergency that posses an imminent threat to the safety of persons or significant damage to Premises) and the expiration of the applicable grace period (or in the event of an emergencyLease, a reasonable time under the circumstances)Landlord, if any, 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 (provided Tenant, without notice in a case of emergency, and in any other case only if such expense is commercially reasonable)default continues after the expiration of the 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 's bond at its sole cost and expense and reimburse Landlord for the commercially reasonable cost of Landlord’s Xxxxxxxx's bond. 27.02. Bills for any reasonable actual out-of-pocket expenses incurred by Landlord or any Superior Lessor or any Superior Mortgagee in connection with any such performance by it for the account of Tenant, and bills for all reasonable actual out-of-pocket costs, expenses and disbursements of every kind and nature whatsoever, including reasonable counsel fees, involved in collecting or endeavoring to collect the Fixed Rent or Additional Charges or any part thereof or enforcing or endeavoring to enforce any rights against Tenant or Tenant’s 's obligations hereunder, under or in connection with this lease Lease or pursuant to law, including any such cost, expense and disbursement involved in instituting and prosecuting summary proceedings or in recovering possession of the Premises after default by Tenant or upon the expiration or sooner termination of this leaseLease, and interest on all sums advanced by Landlord or such Superior Lessor or Superior Mortgagee under this Section 27.02 and/or Section 27.01 (at the Interest Rate or the maximum rate permitted by law, whichever is less) may be sent by Landlord or such Superior Lessor or Superior Mortgagee to Tenant monthly, or immediately, at its option, and such amounts shall be due and payable (as Additional Charges) Charges in accordance with the terms of such bills, but not sooner than thirty (30) days after the rendering of such bills, together with reasonable documentation with respect to such expenses. Notwithstanding anything to the contrary contained in this Section, Tenant shall have no obligation to pay the Landlord's costs, expenses expenses, or disbursements of Landlord in any proceeding in which there shall have been rendered a final judgment against Landlord, and the time for appealing such final judgment shall have expired (the “Appeal Deadline”) and within thirty (30) days following the Appeal Deadline, Landlord shall reimburse to Tenant any amounts on account thereof that were previously paid by Tenant to any such party together with interest thereon at the Base Rate calculated from the date such amounts were paid by Tenant until the date on which Tenant is so reimbursed in fullexpired.

CURING TENANT'S DEFAULTS. 27.01. If Tenant shall default in the performance of any of Tenant’s 's obligations under this lease and such default continues after written notice (which notice may be oral in lease, Landlord, the case Board of an emergency that posses an imminent threat to the safety of persons or significant damage to Premises) and the expiration of the applicable grace period (or in the event of an emergencyManagers, a reasonable time under the circumstances), if any, 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 (provided such expense is commercially reasonable), without notice in a case of emergency, and in any other case only if such default continues after written notice and the expiration of the 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 's bond at its sole cost and expense and reimburse Landlord for the commercially reasonable cost of Landlord’s 's bond. 27.02. Bills for any reasonable actual out-of-pocket expenses incurred by Landlord Landlord, the Board of Managers or any Superior Lessor or any Superior Mortgagee in connection with any such performance by it for the account of Tenant, and bills for all reasonable actual out-of-pocket costs, expenses and disbursements of every kind and nature whatsoever, including reasonable counsel fees, involved in collecting or endeavoring to collect the Fixed Rent or Additional Charges or any part thereof or enforcing or endeavoring to enforce any rights against Tenant or Tenant’s 's obligations hereunder, under or in connection with this lease or pursuant to law, including any such cost, expense and disbursement involved in instituting and prosecuting summary proceedings or in recovering possession of the Premises after default by Tenant or upon the expiration or sooner termination of this lease, and interest on all sums advanced by Landlord Landlord, the Board of Managers or such Superior Lessor or Superior Mortgagee under this Section 27.02 and/or Section 27.01 hereof (at the Interest Rate or the maximum rate permitted by law, whichever is less) may be sent by Landlord Landlord, the Board of Managers or such Superior Lessor or Superior Mortgagee to Tenant monthly, or immediately, at its option, and such amounts shall be due and payable (as Additional Charges) in accordance with the terms of such bills, but not sooner than thirty (30) days after the rendering of such bills, together with reasonable documentation with respect to such expenses. Notwithstanding anything to the contrary contained in this Section, Tenant shall have no obligation to pay the costs, expenses or disbursements of Landlord Landlord, the Board of Managers, or any Superior Lessor or Superior Mortgagee in any proceeding in which there shall have been rendered a final judgment against Landlordsuch party, and the time for appealing such final judgment shall have expired (the “Appeal Deadline”) and within thirty (30) days following the Appeal Deadline, Landlord shall reimburse to Tenant any amounts on account thereof that were previously paid by Tenant to any such party together with interest thereon at the Base Rate calculated from the date such amounts were paid by Tenant until the date on which Tenant is so reimbursed in fullexpired.

CURING TENANT'S DEFAULTS. 27.01. 30.01 If Tenant shall default in the performance of any of Tenant’s obligations under this lease and such default continues after written notice (which notice may be oral in the case of an emergency that posses an imminent threat to the safety of persons covenant, term, provision or significant damage to Premises) and the expiration of the applicable grace period (or in the event of an emergencycondition herein contained, a reasonable time under the circumstances)Landlord, if any, Landlord 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 (provided without notice in a case of emergency and in any other case if such expense is commercially reasonable). If default continues after three days from the date of the giving by Landlord effects such cure by bonding any lien which to Tenant is required of written notice of intention so to bond, Tenant shall obtain and substitute a bond for Landlord’s bond at its sole cost and expense and reimburse Landlord for the commercially reasonable cost of Landlord’s bond. 27.02do. Bills for any reasonable actual out-of-pocket expenses and necessary expense incurred by Landlord in connection with any such performance by it Landlord for the account of Tenant, and reasonable and necessary bills for all reasonable actual out-of-pocket costs, expenses and disbursements of every kind and nature whatsoeverdisbursements, including (without being limited to) reasonable counsel fees, involved incurred in collecting or endeavoring to collect the Fixed Rent fixed rent or Additional Charges additional rent or other charge 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 proceedings, as well as bills for any property, material, labor or in recovering possession 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 the Premises after default 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 or upon the expiration or sooner termination of this lease, and interest on all sums advanced by Landlord under this Section 27.02 and/or Section 27.01 (at the Interest Rate or the maximum rate permitted by lawLease, whichever is less) may be sent by Landlord to Tenant monthly, or immediately, at its Landlord's option, and such amounts shall be due and payable (as Additional Charges) by Tenant in accordance with the terms of such billssaid bills and if not paid when due, but not sooner than thirty (30) days after the rendering of such bills, together with reasonable documentation with respect to such expenses. Notwithstanding anything to amounts thereof shall immediately become due and payable as additional rent under the contrary contained in this Section, Tenant shall have no obligation to pay the costs, expenses or disbursements of Landlord in any proceeding in which there shall have been rendered a final judgment against Landlord, and the time for appealing such final judgment shall have expired (the “Appeal Deadline”) and within thirty (30) days following the Appeal Deadline, Landlord shall reimburse to Tenant any amounts on account thereof that were previously paid by Tenant to any such party Lease together with interest thereon at the Base Rate calculated rate of 12% per annum from the date such amounts were of the said bills which should have been paid by in accordance with their terms. Landlord reserves the right, without liability to Tenant until and without constituting any claim of constructive eviction, to suspend furnishing or rendering to Tenant any property, material, labor, or other service, (except for utilities and other services which are necessary in order for Tenant to use and occupy the date on which 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 so reimbursed in fullarrears in paying Landlord therefor.

CURING TENANT'S DEFAULTS. 27.0132.01. If Tenant shall default in the performance of any of Tenant’s 's obligations under this lease and such default continues after written notice (which notice may be oral in the case of an emergency that posses an imminent threat to the safety of persons or significant damage to Premises) and the expiration of the applicable grace period (or in the event of an emergencyLease, a reasonable time under the circumstances)Landlord, if any, Landlord 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, without notice in a case of emergency, and in any other case only if such default continues after the expiration of fifteen (15) days from the date Landlord gives Tenant (provided such expense is commercially reasonable)notice of the default. If Landlord effects such cure by bonding any lien which Tenant is required to bond, Tenant shall obtain 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 substitute a bond for Landlord’s bond at its sole cost and expense and reimburse Tenant will keep Landlord for the commercially reasonable cost aware in writing of Landlord’s bond. 27.02all 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 cure. Bills for any reasonable actual out-of-pocket expenses incurred by Landlord in connection with any such performance by it for the account of Tenant, and bills for all reasonable actual out-of-pocket costs, expenses and disbursements of every kind and nature whatsoever, including reasonable counsel feesattorneys' fees and expenses, involved in collecting or endeavoring to collect the Fixed Rent or Additional Charges or any part thereof or enforcing or endeavoring to enforce any rights against Tenant or Tenant’s 's obligations hereunder, under or in connection with this lease Lease or pursuant to law, including any such reasonable cost, expense and disbursement involved in instituting and prosecuting summary proceedings or in recovering possession of the Demised Premises after default by Tenant or upon the expiration of the Term or sooner termination of this leaseLease, and interest on all sums advanced by Landlord under this Section 27.02 and/or Section 27.01 (Article at the Interest Late Payment Rate or the maximum rate permitted by law, whichever is less) , may be sent by Landlord to Tenant monthly, or immediately, at its Landlord's option, and such amounts shall be due and payable (as Additional Charges) in accordance with the terms of such bills, but not sooner than thirty (30) days after the rendering of such bills, together with reasonable documentation with respect to such expenses. Notwithstanding anything to the contrary contained in this Section, Tenant shall have no obligation to pay the costs, expenses or disbursements of Landlord in any proceeding in which there shall have been rendered a final judgment against Landlord, and the time for appealing such final judgment shall have expired (the “Appeal Deadline”) and within thirty (30) days following the Appeal Deadline, Landlord shall reimburse to Tenant any amounts on account thereof that were previously paid by Tenant to any such party together with interest thereon at the Base Rate calculated from the date such amounts were paid by Tenant until the date on which Tenant is so reimbursed in full.

CURING TENANT'S DEFAULTS. 27.0130.01. If Tenant shall default in the performance of any of Tenant’s obligations under this lease and such default continues after written notice (which notice may be oral in the case of an emergency that posses an imminent threat Lease, including, but not limited to, Tenant’s failure to the safety of persons or significant damage make a required repair pursuant to Premises) and the expiration of the applicable grace period (or in the event of an emergencyArticle 17.01 above, a reasonable time under the circumstances)Landlord, if any, Landlord 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, without notice in a case of emergency, and in any other case only if such default continues after the expiration of thirty (30) days from the date Landlord gives Tenant (provided such expense is commercially reasonable)notice of the default. 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 commercially reasonable cost of Landlord’s bond. 27.02. Bills Charges for any reasonable actual out-of-pocket expenses incurred by Landlord in connection with any such performance by it for the account of Tenant, and bills charges for all reasonable actual out-of-pocket costs, expenses and disbursements of every kind and nature whatsoever, including reasonable counsel feesattorneys’ fees and expenses, involved in collecting or endeavoring to collect the Fixed Rent or Additional Charges 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 any such cost, expense and disbursement involved in instituting and prosecuting summary proceedings or in recovering possession of the Demised Premises after default by Tenant or upon the expiration of the Term or sooner termination of this leaseLease, and interest on all sums advanced by Landlord under this Section 27.02 and/or Section 27.01 (Article at the Interest 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 its any time, at Landlord’s option, and such amounts shall be due and payable (as Additional Charges) in accordance with the terms of such bills, but not sooner than thirty (30) days after the rendering of such bills, together with reasonable documentation with respect to such expenses. Notwithstanding anything to the contrary contained in this Section, Tenant shall have no obligation to pay the costs, expenses or disbursements of Landlord in any proceeding in which there shall have been rendered a final judgment against Landlord, and the time for appealing such final judgment shall have expired (the “Appeal Deadline”) and within thirty (30) days following the Appeal Deadline, Landlord shall reimburse rendition of a xxxx to Tenant any amounts on account thereof that were previously paid by Tenant to any such party together with interest thereon at the Base Rate calculated from the date such amounts were paid by Tenant until the date on which Tenant is so reimbursed in fulltherefor.

CURING TENANT'S DEFAULTS. 27.01. If Tenant shall default in the performance of any of Tenant’s obligations under this lease and such default continues after written notice (which notice may be oral in the case of an emergency that posses an imminent threat to the safety of persons or significant damage to Premises) and the expiration of the applicable grace period (or in the event of an emergencyLease, a reasonable time under the circumstances)Landlord, if any, 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 in case of an emergency, Landlord shall use reasonable efforts to notify Tenant of same as soon as practicable, which notice may be given verbally or by electronic mail), and in any other case only if such expense is commercially reasonable)default continues after the expiration of the 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 commercially reasonable cost of Landlord’s bond. 27.02. Bills for any reasonable actual out-of-pocket expenses incurred by Landlord or any Superior Lessor or any Superior Mortgagee in connection with any such performance by it for the account of Tenant, and bills for all reasonable actual out-of-pocket costs, expenses and disbursements of every kind and nature whatsoever, including reasonable counsel fees, involved in collecting or endeavoring to collect the Fixed Rent or Additional Charges 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 any such cost, expense and disbursement involved in instituting and prosecuting summary proceedings or in recovering possession of the Premises after default by Tenant or upon the expiration or sooner termination of this leaseLease, but only to the extent Landlord is the prevailing party in such proceeding (and if Tenant is the prevailing party in such proceeding, Tenant shall be entitled to recover all of its actual out-of-pocket expenses and disbursements (including reasonable legal fees) incurred in connection with such proceeding), and interest on all sums advanced by Landlord or such Superior Lessor or Superior Mortgagee under this Section 27.02 and/or Section 27.01 (at the Interest Rate or the maximum rate permitted by law, whichever is less) may be sent by Landlord or such Superior Lessor or Superior Mortgagee to Tenant monthly, or immediately, at its option, and such amounts shall be due and payable (as Additional Charges) Charges in accordance with the terms of such bills, but not sooner than thirty (30) days after the rendering of such bills, together with reasonable documentation with respect to such expenses. Notwithstanding anything to the contrary contained in this Section, Tenant shall have no obligation to pay the Landlord’s costs, expenses expenses, or disbursements of Landlord in any proceeding in which then being litigated by the parties hereto until there shall have been rendered a final judgment against Landlord, and the time for appealing such final judgment shall have expired (the “Appeal Deadline”) and within thirty (30) days following the Appeal Deadline, Landlord shall reimburse to Tenant any amounts on account thereof that were previously paid by Tenant to any such party together with interest thereon at the Base Rate calculated from the date such amounts were paid by Tenant until the date on which Tenant is so reimbursed in fullexpired.

CURING TENANT'S DEFAULTS. 27.01. If Tenant shall default in the performance of any of Tenant’s obligations under this lease and such default continues after written notice (which notice may be oral in the case of an emergency that posses an imminent threat to the safety of persons or significant damage to Premises) and the expiration of the applicable grace period (or in the event of an emergency, a reasonable time under the circumstances)period, if any, Landlord 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 (provided such expense is commercially reasonable). 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 commercially reasonable cost of Landlord’s bond. 27.02. Bills for any reasonable actual out-of-pocket expenses incurred by Landlord in connection with any such performance by it for the account of Tenant, and bills for all reasonable actual out-of-pocket costs, expenses and disbursements of every kind and nature whatsoever, including reasonable counsel fees, involved in collecting or endeavoring to collect the Fixed Rent or Additional Charges 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 or pursuant to law, including any such cost, expense and disbursement involved in instituting and prosecuting summary proceedings or in recovering possession of the Premises after default by Tenant or upon the expiration or sooner termination of this lease, and interest on all sums advanced by Landlord under this Section 27.02 and/or Section 27.01 (at the Interest Rate or the maximum rate permitted by law, whichever is less) may be sent by Landlord to Tenant monthly, or immediately, at its option, and such amounts shall be due and payable (as Additional Charges) in accordance with the terms of such bills, but not sooner than thirty (30) days after the rendering of such bills, together with reasonable documentation with respect to such expenses. Notwithstanding anything to the contrary contained in this Section, Tenant shall have no obligation to pay the costs, expenses or disbursements of Landlord in any proceeding in which there shall have been rendered a final judgment against Landlord, and the time for appealing such final judgment shall have expired (the “Appeal Deadline”) and within thirty (30) days following the Appeal Deadline, Landlord shall reimburse to Tenant any amounts on account thereof that were previously paid by Tenant to any such party together with interest thereon at the Base Rate calculated from the date such amounts were paid by Tenant until the date on which Tenant is so reimbursed in full.

CURING TENANT'S DEFAULTS. 27.01. If Tenant shall default in the performance of any of Tenant’s 's obligations under this lease and such default continues after written notice (which notice may be oral in the case of an emergency that posses an imminent threat to the safety of persons or significant damage to Premises) and the expiration of the applicable grace period (or in the event of an emergencylease, a reasonable time under the circumstances)Landlord, if any, Landlord any Underlying 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 (provided Tenant, without notice in a case of emergency, and in any other case only if such expense is commercially reasonable)default continues after the expiration of any applicable notice and cure period. If Landlord effects such cure by bonding any lien which Tenant is required to bondbond or otherwise discharge, Tenant shall obtain and substitute a bond for Landlord’s 's bond at its sole cost and expense and reimburse Landlord for the commercially reasonable cost of Landlord’s 's bond. 27.02. Bills for any reasonable actual out-of-pocket expenses incurred by Landlord or any Underlying Lessor or any Mortgagee in connection with any such performance by it for the account of Tenant, and and, if Landlord shall be the successful party in any action or suit, bills for all reasonable actual out-of-pocket costs, expenses and disbursements of every kind and nature whatsoever, including reasonable counsel fees, involved in collecting or endeavoring to collect the Fixed Rent or Additional Charges or any part thereof or enforcing or endeavoring to enforce any rights against Tenant or Tenant’s 's obligations hereunder, under or in connection with this lease or pursuant to law, including any such cost, expense and disbursement involved in instituting and prosecuting summary proceedings or in -110- 115 recovering possession of the Premises after default by Tenant or upon the expiration or sooner termination of this lease, and interest on all sums advanced by Landlord or such Underlying Lessor or Mortgagee under this Section 27.02 and/or Section 27.01 (at the Interest Rate or the maximum rate permitted by law, whichever is lessRate) may be sent by Landlord or such Underlying Lessor or Mortgagee to Tenant monthly, or immediately, at its option, and such amounts shall be due and payable (as Additional Charges) Charges in accordance with the terms of such bills, but not sooner than thirty (30) days after the rendering of such bills, together with reasonable documentation with respect to such expenses. Notwithstanding anything to the contrary contained in this Section, Tenant shall have no obligation to pay the costs, expenses or disbursements of Landlord in any proceeding in which there shall have been rendered a final judgment against Landlord, and the time for appealing such final judgment shall have expired (the “Appeal Deadline”) and within thirty (30) days following the Appeal Deadline, Landlord shall reimburse to Tenant any amounts on account thereof that were previously paid by Tenant to any such party together with interest thereon at the Base Rate calculated from the date such amounts were paid by Tenant until the date on which Tenant is so reimbursed in full.

CURING TENANT'S DEFAULTS. 27.01. 27.01 If Tenant shall default in the performance of any of Tenant’s obligations under this lease and such default continues after written notice (which notice may be oral in the case of an emergency that posses an imminent threat to the safety of persons or significant damage to Premises) and the expiration of the applicable grace period (or in the event of an emergencyLease, a reasonable time under the circumstances)Landlord, if any, 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 (provided Tenant, without notice in a case of emergency, and in any other case only if such expense is commercially reasonable)default continues after the expiration of the 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 commercially reasonable cost of Landlord’s bond. 27.02. 27.02 Bills for any reasonable actual out-of-pocket expenses incurred by Landlord or any Superior Lessor or any Superior Mortgagee in connection with any such performance by it for the account of Tenant, and bills for all reasonable actual out-of-pocket costs, expenses and disbursements of every kind and nature whatsoever, including reasonable counsel fees, involved in collecting or endeavoring to collect the Fixed Rent or Additional Charges 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 any such cost, expense and disbursement involved in instituting and prosecuting summary proceedings or in recovering possession of the Premises after default by Tenant or upon the expiration or sooner termination of this leaseLease, and interest on all sums advanced by Landlord or such Superior Lessor or Superior Mortgagee under this Section 27.02 and/or Section 27.01 (at the Interest Rate or the maximum rate permitted by law, whichever is less) may be sent by Landlord or such Superior Lessor or Superior Mortgagee to Tenant monthly, or immediately, at its option, and such amounts shall be due and payable (as Additional Charges) Charges in accordance with the terms of such bills, but not sooner than thirty (30) days after the rendering of such bills, together with reasonable documentation with respect to such expenses. Notwithstanding anything to the contrary contained in this Section, Tenant shall have no obligation to pay the Landlord’s costs, expenses expenses, or disbursements of Landlord in any proceeding in which there shall have been rendered a final judgment against Landlord, and the time for appealing such final judgment shall have expired (the “Appeal Deadline”) and within thirty (30) days following the Appeal Deadline, Landlord shall reimburse to Tenant any amounts on account thereof that were previously paid by Tenant to any such party together with interest thereon at the Base Rate calculated from the date such amounts were paid by Tenant until the date on which Tenant is so reimbursed in fullexpired.

CURING TENANT'S DEFAULTS. 27.01. If Tenant shall default in the performance of any of Tenant’s 's obligations under this lease and such default continues after written notice (which notice may be oral in the case of an emergency that posses an imminent threat to the safety of persons or significant damage to Premises) and the expiration of the applicable grace period (or in the event of an emergency, a reasonable time under the circumstances)period, if any, Landlord 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 (provided such expense is commercially reasonable). 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 's bond at its sole cost and expense and reimburse Landlord for the commercially reasonable cost of Landlord’s 's bond. 27.02. Bills for any reasonable actual out-of-pocket expenses incurred by Landlord in connection with any such performance by it for the account of Tenant, and bills for all reasonable actual out-of-pocket costs, expenses and disbursements of every kind and nature whatsoever, including reasonable counsel fees, involved in collecting or endeavoring to collect the Fixed Rent or Additional Charges or any part thereof or enforcing or endeavoring to enforce any rights against Tenant or Tenant’s 's obligations hereunder, under or in connection with this lease or pursuant to law, including any such cost, expense and disbursement involved in instituting and prosecuting summary proceedings or in recovering possession of the Premises after default by Tenant or upon the expiration or sooner termination of this lease, and interest on all sums advanced by Landlord under this Section 27.02 and/or Section 27.01 (at the Interest Rate or the maximum rate permitted by law, whichever is less) may be sent by Landlord to Tenant monthly, or immediately, at its option, and such amounts shall be due and payable (as Additional Charges) in accordance with the terms of such bills, but not sooner than thirty (30) days after the rendering of such bills, together with reasonable documentation with respect to such expenses. Notwithstanding anything to the contrary contained in this Section, Tenant shall have no obligation to pay the costs, expenses or disbursements of Landlord in any proceeding in which there shall have been rendered a final judgment against Landlord, and the time for appealing such final judgment shall have expired (the “"Appeal Deadline”") and within thirty (30) days following the Appeal Deadline, Landlord shall reimburse to Tenant any amounts on account thereof that were previously paid by Tenant to any such party together with interest thereon at the Base Rate calculated from the date such amounts were paid by Tenant until the date on which Tenant is so reimbursed in full.

CURING TENANT'S DEFAULTS. 27.0130.01. If Tenant shall default in the performance of any of Tenant’s obligations under this lease and such default continues after written notice (which notice may be oral in the case of an emergency that posses an imminent threat to the safety of persons covenant, agreement, term, provision or significant damage to Premises) and the expiration of the applicable grace period (or in the event of an emergencycondition herein contained, a reasonable time under the circumstances)Landlord, if any, Landlord 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 (provided without notice in a case of emergency and in any other case if such expense is commercially reasonable). If default continues after three days from the date of the giving by Landlord effects such cure by bonding any lien which to Tenant is required of written notice of intention so to bond, Tenant shall obtain and substitute a bond for Landlord’s bond at its sole cost and expense and reimburse Landlord for the commercially reasonable cost of Landlord’s bond. 27.02do. Bills for any reasonable actual out-of-pocket expenses and necessary expense incurred by Landlord in connection with any such performance by it Landlord for the account of Tenant, and reasonable and necessary bills for all reasonable actual out-of-pocket costs, expenses and disbursements of every kind and nature whatsoeverdisbursements, including (without being limited to) reasonable counsel fees, involved incurred in collecting or endeavoring to collect the Fixed Rent fixed rent or Additional Charges additional rent or other charge 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 proceedings, as well as bills for any property, material, labor or in recovering possession 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 the Premises after default 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 or upon the expiration or sooner termination of this lease, and interest on all sums advanced by Landlord under this Section 27.02 and/or Section 27.01 (at the Interest Rate or the maximum rate permitted by lawLease, whichever is less) may be sent by Landlord to Tenant monthly, or immediately, at its Landlord's option, and such amounts shall be due and payable (as Additional Charges) by Tenant in accordance with the terms of such billssaid bills and if not paid when due, but not sooner than thirty (30) days after the rendering of such bills, together with reasonable documentation with respect to such expenses. Notwithstanding anything to the contrary contained in amounts thereof shall immediately become due and payable as additional rent under this Section, Tenant shall have no obligation to pay the costs, expenses or disbursements of Landlord in any proceeding in which there shall have been rendered a final judgment against Landlord, and the time for appealing such final judgment shall have expired (the “Appeal Deadline”) and within thirty (30) days following the Appeal Deadline, Landlord shall reimburse to Tenant any amounts on account thereof that were previously paid by Tenant to any such party Lease together with interest thereon at the Base Rate calculated rate of 18% per annum from the date such amounts were the said bills should have been paid by in accordance with their terms. Landlord reserves the right, without liability to Tenant until 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 date on which same at the expense of Tenant, in the event that (but only for so long as) Tenant is so reimbursed in fullarrears 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.

CURING TENANT'S DEFAULTS. 27.0129.01. 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’s obligations under this lease and such default continues after written notice (which notice may be oral in the case of an emergency that posses an imminent threat to the safety of persons or significant damage to Premises) and the expiration of the applicable grace period (or in the event of an emergency, a reasonable time under the circumstances)Landlord, if any, Landlord 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, [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 (provided such expense is commercially reasonable). If Landlord effects such cure by bonding any lien which Tenant is required of written notice of intention so to bond, Tenant shall obtain and substitute a bond for Landlord’s bond at its sole cost and expense and reimburse Landlord for the commercially reasonable cost of Landlord’s bond. 27.02do. Bills for any reasonable actual out-of-pocket expenses expense incurred by Landlord in connection with any such performance by it Landlord for the account of Tenant, and bills for all reasonable actual out-of-pocket costs, expenses and disbursements of every kind and nature whatsoeverdisbursements, including reasonable (without being limited to) counsel fees, involved incurred in collecting or endeavoring to collect the Fixed Rent, Additional Rent or Additional Charges other charges 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 proceedings, as well as bills for any property, material, labor or in recovering possession 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 the Premises after default 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 or upon the expiration or sooner termination of this lease, and interest on all sums advanced by Landlord under this Section 27.02 and/or Section 27.01 (at the Interest Rate or the maximum rate permitted by lawLease, whichever is less) may be sent by Landlord to Tenant monthly, or immediately, at its Landlord's option, and such amounts shall be due and payable (as Additional Charges) by Tenant in accordance with the terms of such billssaid bills and if not paid when due, but not sooner than thirty (30) days after the rendering of such bills, together with reasonable documentation with respect to such expenses. Notwithstanding anything to the contrary contained in amounts thereof shall immediately become due and payable as Additional Rent under this Section, Tenant shall have no obligation to pay the costs, expenses or disbursements of Landlord in any proceeding in which there shall have been rendered a final judgment against Landlord, and the time for appealing such final judgment shall have expired (the “Appeal Deadline”) and within thirty (30) days following the Appeal Deadline, Landlord shall reimburse to Tenant any amounts on account thereof that were previously paid by Tenant to any such party Lease together with interest thereon as provided for in Section 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 Base Rate calculated from expense of Tenant, in the date such amounts were paid by Tenant until the date on which event that (but only for so long as) Tenant is so reimbursed in fullarrears in paying Landlord therefor.

CURING TENANT'S DEFAULTS. 27.01. If Tenant shall default in the performance of any of Tenant’s obligations under this lease and such default continues after written notice (which notice may be oral in the case of an emergency that posses an imminent threat to the safety of persons or significant damage to Premises) and the expiration of the applicable grace period (or in the event of an emergency, a reasonable time under the circumstances)period, if any, Landlord 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 (provided such expense is commercially reasonable). 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 commercially reasonable cost of Landlord’s bond. 27.02. Bills for any reasonable actual out-of-pocket expenses incurred by Landlord in connection with any such performance by it for the account of Tenant, and bills for all reasonable actual out-of-pocket costs, expenses and disbursements of every kind and nature whatsoever, including reasonable counsel fees, involved in collecting or endeavoring to collect the Fixed Rent or Additional Charges 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 or pursuant to law, including any such cost, expense and disbursement involved in instituting and prosecuting summary proceedings or in recovering possession of the Premises after default by Tenant or upon the expiration or sooner termination of this lease, and interest on all sums advanced by Landlord under this Section 27.02 and/or Section 27.01 (at the Interest Rate or the maximum rate permitted by law, whichever is less) may be sent by Landlord to Tenant monthly, or immediately, at its option, and such amounts shall be due and payable (as Additional Charges) in accordance with the terms of such bills, but not sooner than thirty (30) days after the rendering of such bills, together with reasonable documentation with respect to such expenses. Notwithstanding anything to the contrary contained in this Section, Tenant shall have no obligation to pay the costs, expenses or disbursements of Landlord in any proceeding in which there shall have been rendered a final judgment against Landlord, and the time for appealing such final judgment shall have expired (the “Appeal Deadline”) and within thirty (30) days following the Appeal Deadline, Landlord shall reimburse to Tenant any amounts on account thereof that were previously paid by Tenant to any such party together with interest thereon at the Base Rate calculated from the date such amounts were paid by Tenant until the date on which Tenant is so reimbursed in full.thirty

CURING TENANT'S DEFAULTS. 27.01. If Tenant shall default in the performance of any of Tenant’s 's obligations under this lease and such default continues after written notice (which notice may be oral in the case of an emergency that posses an imminent threat to the safety of persons or significant damage to Premises) and the expiration of the applicable grace period (or in the event of an emergencyLease, a reasonable time under the circumstances)Landlord, if any, 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 expense notice, if any, as is commercially reasonablereasonable under the circumstances), and in any other case only if such default continues after the giving of notice and the expiration of the 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 's bond at its sole cost and expense and reimburse Landlord for the commercially reasonable cost of Landlord’s '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 paid invoices setting forth the reasonable costs and expenses incurred by Landlord in effecting such 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 in effecting such cure. In the case of any default by Tenant under this 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 such default shall be 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 remedies against Tenant under this Lease or at law or in equity or otherwise prior to the completion of such cure by Landlord and reimbursement by Tenant. 27.02. Bills for any reasonable actual out-of-pocket expenses incurred by Landlord or any Superior Lessor or any Superior Mortgagee in connection with any such performance by it for the account of Tenant, and bills for all reasonable actual out-of-pocket costs, expenses and disbursements of every kind and nature whatsoever, including including, without limitation, reasonable counsel fees, involved in collecting or endeavoring to collect the Fixed Rent or Additional Charges or any part thereof (including, without limitation, all such costs, expenses and disbursements incurred in endeavoring to collect such items if Tenant is ultimately determined to have been in default of the payment of any such sums) or enforcing or endeavoring to enforce any rights against Tenant or Tenant’s 's obligations hereunder, under or in connection with this lease Lease or pursuant to lawlaw (including, including without limitation, all such costs, expenses and disbursements incurred in endeavoring to enforce such rights or obligations if Tenant is ultimately determined to be in default under this Lease), including, without limitation, any such cost, expense and disbursement involved in instituting and prosecuting summary proceedings or in recovering possession of the Premises after default by Tenant or upon the expiration or sooner termination of this leaseLease, and interest on all sums advanced by Landlord or such Superior Lessor or Superior Mortgagee under this Section 27.02 and/or Section 27.01 (at the Interest Rate or the maximum rate permitted by law, whichever is less) may be sent by Landlord or such Superior Lessor or Superior Mortgagee to Tenant monthly, or immediately, at its option, and such amounts shall be due and payable (as Additional Charges) Charges in accordance with the terms of such bills, but not sooner than thirty (30) days after the rendering of such bills, together with reasonable documentation with . 27.03. With respect to such expenses. Notwithstanding anything to any legal proceedings or actions which shall be commenced by either Landlord or Tenant as a result of a breach by the contrary contained in other party of its covenants under this SectionLease, Tenant the party which shall have no obligation to pay the costs, expenses or disbursements of Landlord prevail in any such proceeding or action shall be entitled to collect from the non-prevailing party, reasonable attorneys' fees and disbursements incurred by the prevailing party in which there shall have been rendered a final judgment against Landlord, and the time for appealing such final judgment shall have expired (the “Appeal Deadline”) and within thirty (30) days following the Appeal Deadline, Landlord shall reimburse to Tenant any amounts on account thereof that were previously paid by Tenant to any such party together with interest thereon at the Base Rate calculated from the date such amounts were paid by Tenant until the date on which Tenant is so reimbursed in fullaction or proceeding.

CURING TENANT'S DEFAULTS. 27.01. 27.01 If Tenant shall default in the performance of any of Tenant’s obligations under this lease and such default continues after written notice (which notice may be oral in the case of an emergency that posses an imminent threat to the safety of persons or significant damage to Premises) and the expiration of the applicable grace period (or in the event of an emergencyLease, a reasonable time under the circumstances)Landlord, if any, 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 (provided Tenant, without notice in a case of emergency, and in any other case only if such expense is commercially reasonable)default continues after the expiration of the 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 commercially reasonable cost of Landlord’s bond. 27.02. 27.02 Bills for any reasonable actual out-of-pocket expenses incurred by Landlord or any Superior Lessor or any Superior Mortgagee in connection with any such performance by it for the account of Tenant, and bills for all reasonable actual out-of-pocket costs, expenses and disbursements of every kind and nature whatsoever, including reasonable counsel fees, involved in collecting or endeavoring to collect the Fixed Rent or Additional Charges 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 any such cost, expense and disbursement involved in instituting and prosecuting summary proceedings or in recovering possession of the Premises after default by Tenant or upon the expiration or sooner termination of this leaseLease, and interest on all sums advanced by Landlord or such Superior Lessor or Superior Mortgagee under this Section 27.02 and/or Section 27.01 (at the Interest Rate or the maximum rate permitted by law, whichever is less) may be sent by Landlord or such Superior Lessor or Superior Mortgagee to Tenant monthly, or immediately, at its option, and such amounts shall be due and payable (as Additional Charges) Charges in accordance with the terms of such bills, but not sooner than thirty (30) days after the rendering of such bills, together with reasonable documentation with respect to such expenses. Notwithstanding anything to the contrary contained in this Section, Tenant shall have no obligation to pay the Landlord’s costs, expenses expenses, or disbursements of Landlord in any proceeding in which there shall have been rendered a final judgment against Landlord, and the time for appealing such final judgment shall have expired (the “Appeal Deadline”) and within thirty (30) days following the Appeal Deadline, Landlord shall reimburse to Tenant any amounts on account thereof that were previously paid by Tenant to any such party together with interest thereon at the Base Rate calculated from the date such amounts were paid by Tenant until the date on which Tenant is so reimbursed in full.

CURING TENANT'S DEFAULTS. 27.01. 30.01 If Tenant shall default in the performance of any of Tenant’s obligations under this lease and such default continues after written notice (which notice may be oral in the case of an emergency that posses an imminent threat to the safety of persons covenant, term, provision or significant damage to Premises) and the expiration of the applicable grace period (or in the event of an emergencycondition herein contained, a reasonable time under the circumstances)Landlord, if any, Landlord 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 (provided without notice in a case of emergency and in any other case if such expense is commercially reasonable). If default continues after three days from the date of the giving by Landlord effects such cure by bonding any lien which to Tenant is required of written notice of intention so to bond, Tenant shall obtain and substitute a bond for Landlord’s bond at its sole cost and expense and reimburse Landlord for the commercially reasonable cost of Landlord’s bond. 27.02do. Bills for any reasonable actual out-of-pocket expenses and necessary expense incurred by Landlord in connection with any such performance by it Landlord for the account of Tenant, and reasonable and necessary bills for all reasonable actual out-of-pocket costs, expenses and disbursements of every kind and nature whatsoeverdisbursements, including (without being limited to) reasonable counsel fees, involved incurred in collecting or endeavoring to collect the Fixed Rent fixed rent or Additional Charges additional rent or other charge 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 proceedings, as well as bills for any property, material, labor or in recovering possession 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 the Premises after default 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 or upon the expiration or sooner termination of this lease, and interest on all sums advanced by Landlord under this Section 27.02 and/or Section 27.01 (at the Interest Rate or the maximum rate permitted by lawLease, whichever is less) may be sent by Landlord to Tenant monthly, or immediately, at its Landlord's option, and such amounts shall be due and payable (as Additional Charges) by Tenant in accordance with the terms of such billssaid bills and if not paid when due, but not sooner than thirty (30) days after the rendering of such bills, together with reasonable documentation with respect to such expenses. Notwithstanding anything to amounts thereof shall immediately become due and payable as additional rent under the contrary contained in this Section, Tenant shall have no obligation to pay the costs, expenses or disbursements of Landlord in any proceeding in which there shall have been rendered a final judgment against Landlord, and the time for appealing such final judgment shall have expired (the “Appeal Deadline”) and within thirty (30) days following the Appeal Deadline, Landlord shall reimburse to Tenant any amounts on account thereof that were previously paid by Tenant to any such party Lease together with interest thereon at the Base Rate calculated rate of 12% per annum from the date such amounts were of the said bills which should have been paid by in accordance with their terms. Landlord reserves the right, without liability to Tenant until and without constituting any claim of constructive eviction, to suspend furnishing or rendering to Tenant any property, material, labor, utility or other service, whenever Landlord is obligated to furnish or render the date on which same at the expense of Tenant, in the event that (but only for so long as) Tenant is so reimbursed in fullarrears in paying Landlord therefor.

CURING TENANT'S DEFAULTS. 27.01. If Tenant shall default in the performance of any of Tenant’s 's obligations under this lease and such default continues after written notice (which notice may be oral in the case of an emergency that posses an imminent threat to the safety of persons or significant damage to Premises) and the expiration of the applicable grace period (or in the event of an emergencyLease, a reasonable time under the circumstances)Landlord, if any, 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 (provided Tenant, without notice in a case of emergency, and in any other case only if such expense is commercially reasonable)default continues after the expiration of the applicable notice and cure periods, 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 's bond at its sole cost and expense and reimburse Landlord for the commercially reasonable cost of Landlord’s 's bond. 27.02. Bills for any reasonable actual out-of-pocket expenses incurred by Landlord or any Superior Lessor or any Superior Mortgagee in connection with any such performance by it for the account of Tenant, and bills for all reasonable actual out-of-pocket costs, expenses and disbursements of every kind and nature whatsoever, including reasonable counsel fees, involved in collecting or endeavoring to collect the Fixed Rent or Additional Charges or any part thereof or enforcing or endeavoring to enforce any rights against Tenant or Tenant’s 's obligations hereunder, under or in connection with this lease Lease or pursuant to law, including any such cost, expense and disbursement involved in instituting and prosecuting summary proceedings or in recovering possession of the Premises after default by Tenant or upon the expiration or sooner termination of this leaseLease, and interest on all sums advanced by Landlord or such Superior Lessor or Superior Mortgagee under this Section 27.02 and/or Section 27.01 (at the Interest Rate or the maximum rate permitted by law, whichever is less) may be sent by Landlord or such Superior Lessor or Superior Mortgagee to 70 71 Tenant monthly, or immediately, at its option, and such amounts shall be due and payable (as Additional Charges) Charges in accordance with the terms of such bills, but not sooner than thirty bills within twenty (3020) days after the rendering of Tenant's receipt of such bills, together with reasonable documentation with respect to such expenses. Notwithstanding anything to the contrary contained in this Section, Tenant shall have no obligation to pay the Landlord's costs, expenses expenses, or disbursements of Landlord in any proceeding in which there shall have been rendered a final judgment against Landlord, and the time for appealing such final judgment shall have expired expired. 27.03. Notwithstanding anything to the contrary contained in this Lease, with respect to "Non-Payment Proceedings" (the “Appeal Deadline”) and within thirty (30) days following the Appeal Deadlineas such term is hereinafter defined), Landlord Tenant shall reimburse Landlord upon demand for all reasonable costs and expenses (including reasonable attorneys' fees and disbursements and court costs) incurred by Landlord in connection with such Non-Payment Proceedings. All such amounts shall be deemed to Tenant any amounts on account thereof that were previously paid by Tenant be Additional Charges and shall be collectible in the same manner as provided in Section 1.04 hereof. With respect to any legal proceedings or actions other than Non-Payment Proceedings which shall be commenced by either Landlord or Tenant as a result of a breach by the other party of its covenants under this Lease, the party which shall prevail in any such party together with interest thereon at the Base Rate calculated proceeding or action shall be entitled to collect from the date non-prevailing party reasonable attorneys' fees incurred by the prevailing party in any such amounts were paid action or proceeding. For the purposes of this Section 27.03, the term "Non-Payment Proceedings" shall mean a summary proceeding commenced by Landlord against Tenant until the date on which Tenant is so reimbursed in fullfor non-payment of Fixed Rent or Additional Charges.