Common use of Defaults and Landlords Remedies Clause in Contracts

Defaults and Landlords Remedies. The occurrence of any one or more of the following events shall constitute an event of default (individually, an “Event of Default” and, collectively, “Events of Default”) hereunder: (a) if Tenant shall fail to make any payment of Rent due and payable by Tenant under this Lease within ten (10) days after the same becomes due and payable; or (b) if Tenant (or, if applicable, any subtenant, licensee, assignee or other occupant) shall fail to observe or perform any other term, covenant or condition of this Lease on its part to be performed, and such failure is not cured by Tenant (or, if applicable, by such subtenant, licensee, assignee or occupant) within a period of thirty (30) days after Tenant’s receipt of written notice thereof from Landlord, unless such failure cannot with due diligence be cured within a period of thirty (30) days, in which case such failure shall not be deemed to continue if Tenant initiates such cure with the thirty-day period and proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof as soon as reasonably possible but in no event more than ninety (90) days after such notice, or (c) if Tenant shall: (i) admit in writing its inability to pay debts generally as they become due, (ii) file a petition in bankruptcy or a petition to take advantage of any insolvency law, (iii) make an assignment for the benefit of its creditors, (iv) consent to the appointment of a receiver of itself or of the whole or any substantial part of its property, or (v) file a petition or answer seeking reorganization or arrangement under the Federal bankruptcy laws or any other applicable law or statute of the United States of America or any state thereof, or (d) If Tenant shall be finally liquidated or dissolved, or shall begin proceedings towards such liquidation or dissolution, or shall have filed against it a petition or other proceeding to cause it to be liquidated or dissolved and such proceeding is not dismissed within thirty (30) days thereafter, or (e) If Tenant shall abandon the Premises, cease active and continuing commercial operations within the Premises, or otherwise fail to occupy the Premises for the Permitted Use stated herein.

Defaults and Landlords Remedies. The occurrence of any one or more (a) Each of the following events shall constitute an event a default of default this Lease by Tenant: (individually, an “Event of Default” and, collectively, “Events of Default”i) hereunder: (a) if Tenant shall fail fails to make pay any installment or other payment of rent including without limitation Base Rent, Rent Adjustment Deposits or Rent Adjustments when due and payable by Tenant under this Lease fails to cure such non-payment within ten (10) days after the same becomes due and payable; or written notice from Landlord to Tenant but in no event shall Tenant be entitled to more than two (b2) if such notices in any twelve (12) month period (ii) Tenant (or, if applicable, any subtenant, licensee, assignee or other occupant) shall fail fails to observe or perform any of the other termcovenants, covenant conditions or condition provisions of this Lease on its part to be performedobserved or performed by Tenant and fails to cure such default within twenty (20) days after written notice thereof to Tenant; (iii) the interest of Tenant in this Lease is levied upon under execution or other legal process; (iv) a petition is filed by or against Tenant to declare Tenant bankrupt or seeking a plan of reorganization or arrangement under any Chapter of the Bankruptcy Act, or any amendment, replacement or substitution therefor, or to delay payment of, reduce or modify Tenant’s debts, or upon the dissolution of Tenant; (v) Tenant is declared insolvent by law or any assignment of Tenant’s property is made for the benefit of creditors; a receiver is appointed for Tenant or Tenant’s property; or (vi) Tenant abandons the Premises. (b) In the event of any default of this Lease by Tenant, Landlord at its option, with written notice or demand to Tenant, may, in addition to all other rights and remedies provided in this Lease, at law or in equity: (i) terminate this Lease and Tenant’s right of possession of the Premises by lawful process and with at lease ten (10) days prior written notice, and recover all damages to which Landlord is entitled under law, specifically including, without limitation, all rent payable hereunder for the balance of the Term, and all of Landlord’s expenses of reletting (including repairs, alterations, improvements, additions, decorations, legal fees and brokerage commissions); or (ii) terminate Tenant’s right of possession of the Premises without terminating this Lease, in which event Landlord may, but shall not be obligated to, relet the Premises, or any part thereof for the account of Tenant, for such failure rent and term and upon such terms and conditions as are acceptable to Landlord. For purposes of such reletting, Landlord is authorized to decorate, repair, alter and improve the Premises to the extent reasonably necessary. If Landlord fails or refuses to relet the Premises or if the Premises are relet and a sufficient sum is not cured realized therefrom, after payment of all Landlord’s expenses of reletting (including repairs, alterations, improvements, additions, decorations, legal fees and brokerage commissions), to satisfy the payment when due of rent reserved under this Lease for each such monthly period, or if the Premises have been relet, Tenant shall pay any such deficiency monthly. Tenant agrees that Landlord may file suit to recover any sums due to Landlord hereunder from time to time and that such suit or recovery of any amount due Landlord hereunder shall not be any defense to any subsequent action brought for any amount not theretofore reduced to judgment in favor of Landlord. In the event Landlord elects, pursuant to this Section 20(b), to terminate Tenant’s right of possession only without terminating this Lease, Landlord may, at Landlord’s option, and with five (5) days prior written notice enter into the Premises, remove Tenant’s signs and other evidences of tenancy, and take and hold possession thereof, as provided in Section 21 hereof; provided, such action shall not terminate this Lease or release Tenant, in whole or in part, from Tenant’s obligation to pay the rent reserved hereunder for the Term or from any other obligation of Tenant under this Lease. Any and all property which may be removed from the Premises by the Landlord pursuant to the authority of this Lease or of law, to which the Tenant (oris or may be entitled, if applicablemay be handled, removed or stored by the Landlord at the risk, cost and expense of the Tenant, and the Landlord shall in no event be responsible for the value, preservation or safekeeping thereof. The Tenant shall pay to the Landlord, upon demand, any and all expenses incurred in such subtenant, licensee, assignee removal and all storage charges against such property so long as the same shall be in the Landlord’s possession or occupant) under the Landlord’s control. Any such property of the Tenant not retaken from storage by the Tenant within a period of thirty (30) days after the end of the Term, however terminated, shall be conclusively presumed to have been conveyed by the Tenant to the Landlord under this Lease as a xxxx of sale without further payment or credit by the Landlord to the Tenant’s receipt . Any default by Tenant of written notice thereof from Landlord, unless such failure cannot with any term or condition hereof other than the payment of sums due diligence hereunder may be cured within a period of thirty (30) days, in which case such failure shall not be deemed to continue if Tenant initiates such cure with the thirty-day period and proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof as soon as reasonably possible but in no event more than ninety (90) days after such notice, orrestrained or enforced by injunction. (c) if Landlord or Tenant shall: (i) admit shall pay upon demand, all costs and expenses, including reasonable attorney’s fees, incurred by Landlord or Tenant in writing its inability enforcing the observance and performance by Tenant or Landlord of all covenants, conditions and provisions of this Lease to pay debts generally as they become due, (ii) file a petition in bankruptcy be observed and performed by Tenant or a petition Landlord , or resulting from Tenant’s or Landlord’s default under this Lease. In any action brought by Landlord to take advantage enforce the terms or conditions of any insolvency law, (iii) make an assignment for this Lease or with respect thereto, Tenant waives the benefit of its creditors, (iv) consent right to the appointment of a receiver of itself or of the whole or any substantial part of its property, or (v) file a petition or answer seeking reorganization or arrangement under the Federal bankruptcy laws or any other applicable law or statute of the United States of America or any state thereof, ortrial by jury. (d) If the term of any lease, other than this Lease, made by the Tenant for any Premises in the Building shall be finally liquidated terminated or dissolvedterminable after the making of this Lease because of any default by the Tenant under such other lease, or such fact shall begin proceedings towards such liquidation or dissolutionempower the Landlord, or at the Landlord’s sole opinion, to terminate this Lease by notice to the Tenant. Landlord shall have filed against it a petition or other proceeding make reasonable efforts to cause it to mitigate its damages and shall not be liquidated or dissolved and such proceeding is not dismissed within thirty (30) days thereafter, or (e) If Tenant shall abandon the Premises, cease active and continuing commercial operations within the Premises, or otherwise fail to occupy the Premises for the Permitted Use stated hereinunjustly enriched by exercising unreasonable remedies contained therein.

Defaults and Landlords Remedies. The occurrence following rights and remedies of the Landlord shall be cumulative, and none shall exclude any other right or remedy allowed by law: 25.1 If any voluntary or involuntary petition under any section of any one bankruptcy act shall be filed by or more of against Tenant, or any voluntary or involuntary proceeding in any court or tribunal shall be instituted to declare the following events shall constitute an event of default (individually, an “Event of Default” and, collectively, “Events of Default”) hereunder: (a) if Tenant shall fail insolvent or unable to make any payment of Rent due and payable by Tenant under this Lease within ten (10) days after the same becomes due and payable; or (b) if Tenant (or, if applicable, any subtenant, licensee, assignee or other occupant) shall fail to observe or perform any other term, covenant or condition of this Lease on its part to be performedpay Xxxxxx’s debts, and such failure is not cured by Tenant (or, if applicable, by such subtenant, licensee, assignee or occupant) within a period in the case of thirty (30) days after Tenant’s receipt of written notice thereof from Landlord, unless such failure cannot with due diligence be cured within a period of thirty (30) days, in which case such failure shall not be deemed to continue if Tenant initiates such cure with the thirty-day period and proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof as soon as reasonably possible but in no event more than ninety (90) days after such notice, or (c) if Tenant shall: (i) admit in writing its inability to pay debts generally as they become due, (ii) file a petition in bankruptcy or a petition to take advantage of any insolvency law, (iii) make an assignment for the benefit of its creditors, (iv) consent to the appointment of a receiver of itself or of the whole or any substantial part of its property, or (v) file a involuntary petition or answer seeking reorganization or arrangement under proceeding, the Federal bankruptcy laws or any other applicable law or statute of the United States of America or any state thereof, or (d) If Tenant shall be finally liquidated or dissolved, or shall begin proceedings towards such liquidation or dissolution, or shall have filed against it a petition or other proceeding to cause it to be liquidated or dissolved and such proceeding is not dismissed within thirty (30) days thereafterfrom the date it is filed, orLandlord may elect, upon notice of such election, to terminate this Lease, unless Tenant continues to pay rent and adopts the Lease in such proceeding. (e) 25.2 If Tenant shall abandon defaults in the payment of any installment of the rent and does not cure the default within five (5) days after notice, or if Tenant defaults in the prompt performance of any other provision of this Lease and does not cure such other default within twenty (20) days, or forthwith if the default involves a hazardous condition, after written notice by Landlord, or if the leasehold interest of Tenant be levied upon under execution or be attached by process of law, or if Tenant makes an assignment for the benefit of creditors, or if a receiver be appointed for any property of Tenant, or if Tenant abandons or vacates the Premises, cease active Landlord may terminate this Lease and continuing commercial operations Xxxxxx’s right to possession of the Premises or, without terminating this Lease, forthwith terminate Xxxxxx’s right to possession of the Premises. 25.3 Upon any termination of this Lease, or upon any termination of the Tenant’s right to possession without termination of the Lease, Tenant shall immediately vacate the Premises and deliver possession to Landlord. 25.4 If Landlord terminates this Lease, Landlord may recover from Tenant all damages Landlord may incur by reason of Tenant's default, including without limitation, a sum which, at the date of such termination represents the present value (discounted at a rate equal to the then average rate for Xxxxx’x “AAA” rated corporate bonds) with maturities equal to the Remaining Term (as hereinafter defined) of the excess, if any, of (1) the Base Rental, additional rental, and all other charges and sums which would have been payable hereunder by Xxxxxx for the period commencing with the day following the date of such termination and ending with the expiration date of the Term, as extended, (hereinafter referred to as the “Remaining Term”), over (2) the aggregate reasonable rental value of the Premises for the same period, all of which present value of such excess sum shall be deemed immediately due and payable. In determining the aggregate reasonable rental value pursuant to item (2) above, the Landlord and Tenant hereby agree that all relevant factors shall be considered as of the time Landlord seeks to enforce such remedy, including, but not limited to, (A) the length of time remaining in the Term, (B) the then- current market conditions in the general area in which the Premises are located, (C) the likelihood of reletting the Premises for a period of time equal to the remainder of the Term, (D) the net effective rental rates (taking into account all concessions) then being obtained for space of similar type and size in similar type buildings in the general area in which the Premises are located, (E) the vacancy levels in comparable quality office buildings in the general area in which the Building is located, (F) the anticipated duration of the period the Premises will be unoccupied prior to reletting, (G) the anticipated cost of reletting, and (H) the current levels of new construction that will be completed during the remainder of the Term and the degree to which such new construction will likely affect vacancy rates and rental rates in comparable quality office buildings in the general area in which the Premises are located. The Parties agree that in the event the Landlord elects to recover damages pursuant to this provision, the Landlord shall select a licensed real estate professional at Tenant’s expense to determine, in writing, the actual rental value of the Premises for the remaining term and that such determination shall be binding and conclusive upon the Parties. Such payment shall be and constitute Landlord’s liquidated damages, Landlord and Tenant acknowledging and agreeing that it is difficult to determine the actual damages Landlord would suffer from Tenant’s default and that the agreed upon liquidated damages are not punitive or penalties and are just, fair and reasonable. 25.5 If Landlord elects to terminate Xxxxxx’s rights to possession only, without terminating this Lease, Landlord may, at Landlord’s option, enter into the Premises, remove Xxxxxx’s signs and other evidences of tenancy, and take and hold possession thereof without such entry and possession terminating this Lease or releasing Tenant from the obligation to pay the rent hereunder for the full Term. Upon and after entry into possession without termination of this Lease, Landlord may relet the Premises or any part thereof for the account of Tenant for such rent, for such time and upon such terms as Landlord in its sole discretion shall determine, and Landlord shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant about such reletting. A reletting for a term longer than the then remaining Term of this Lease shall not constitute an acceptance by Landlord of a surrender of this Lease or a waiver of any of Landlord’s rights hereunder. In any such case, Landlord may make repairs, alterations and additions in or to the Premises, and redecorate the same to the extent reasonably deemed necessary or desirable by Landlord, and Tenant shall, upon demand, pay the cost thereof, together with Xxxxxxxx’s expense of the reletting. If the consideration collected by Landlord upon any such reletting for Tenant’s account is not sufficient to pay monthly the full amount of the rent reserved in this Lease, together with the costs of repairs, alterations, additions, redecorating and Landlord’s expenses of reletting, Tenant shall pay to Landlord the amount of each monthly deficiency upon demand. 25.6 Any property which may be removed from the Premises by the Landlord pursuant to the authority of this Lease or of law, to which Tenant is or may be entitled, may be handled, removed or stored by Landlord at the risk, cost and expense of Tenant, and Landlord shall in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay to Landlord, upon demand, any and all expenses incurred in such removal and all storage charges against such property so long as the same shall be in Landlord’s possession or under Xxxxxxxx’s control. Any such property of Tenant not retaken from storage by Tenant within thirty (30) days after the end of the Term, however terminated, shall be conclusively presumed to have been conveyed by Tenant to Landlord under this Lease as a bill of sale. 25.7 In the event Tenant defaults in the performance of any of the terms, covenants, agreements or conditions contained in this Lease and Landlord places the enforcement of this Lease, or any part thereof, or the collection of any rent due, or to become due hereunder or recovery of the possession of the Premises in the hands of an attorney, or files suit upon the same, Xxxxxx agrees to pay Landlord’s reasonable attorney’s fees and expenses. 25.8 Failure of Landlord to declare any default immediately upon occurrence thereof, or delay in taking any action in connection therewith, shall not waive such default, but Landlord shall have the right to declare any such default at any time and take such action as might be lawful or authorized hereunder, either at law or in equity. 25.9 Tenant agrees to indemnify Landlord for all loss and damage which Landlord may suffer by reason of any such default, whether through inability to relet the Premises, or through decrease in rent, or otherwise fail and Tenant shall reimburse Landlord for all costs of reletting the Premises, including, but not limited to, advertising expenses, commissions, and the cost of improvements reasonably required in order to occupy relet the Premises (such agreement to survive any such termination of this Lease). Regardless of a default or of a termination of this Lease (or of Tenant’s right to possession of the Premises), Tenant will remain liable for payment of all rent and other amounts due under this Lease. Xxxxxxxx's pursuit of any one or more of the remedies provided in this Lease shall not constitute an election of remedies excluding the election of another remedy or other remedies, or a forfeiture or waiver of any rent or other amounts payable under this Lease by Tenant or of any damages or other sums accruing to Landlord by reason of Xxxxxx's violation of any provision of this Lease. No action taken by or on behalf of Landlord shall be construed to mean acceptance of a surrender of this Lease. No failure of Landlord to pursue or exercise any of Landlord's powers, rights or remedies or to insist upon strict and exact compliance by Tenant with any provision of this Lease, and no custom or practice at variance with the terms of this Lease, shall constitute a waiver by Landlord of the right to demand strict and exact compliance with the terms and conditions of this Lease. 25.10 The parties agree any duty imposed by law on Landlord to mitigate damages after a default by Tenant under this Lease shall be satisfied in full if Landlord uses reasonable efforts to lease the Premises to another tenant (a “Substitute Tenant”) in accordance with the following criteria: (a) Landlord shall have no obligation to solicit or entertain negotiations with any Substitute Tenant for the Premises until 60 days following the date upon which Landlord obtains full and complete possession of the Premises, including the relinquishment by Tenant of any claim to possession of the Premises by written notice from Tenant to Landlord; (b) Landlord shall not be obligated to lease or show the Premises on a priority basis or offer the Premises to any prospective tenant when other space in the Project is or soon will be available; (c) Landlord shall not be obligated to lease the Premises to a Substitute Tenant for less than the current fair market value of the Premises, as determined by Landlord in its sole discretion, nor will Landlord be obligated to enter into a new lease for the Premises under other terms and conditions that are unacceptable to Landlord under Xxxxxxxx’s then-current leasing policies; (d) Landlord shall not be obligated to enter into a lease with a Substitute Tenant: (i) whose use would violate any restriction, covenant or requirement contained in the lease of another tenant in the Building; (ii) whose use would adversely affect the reputation of the Building; (iii) whose use would require any addition to or modification of the Premises or Building in order to comply with applicable law, including building codes; (iv) whose Tangible Net Worth (as hereinafter defined) is less than Tenant’s Tangible Net Worth as of the date of this Lease or who does not have, in Landlord’s sole opinion, the creditworthiness to be an acceptable tenant; (v) that is a governmental entity, or quasi-governmental entity, or subdivision or agency thereof, or any other entity entitled to the defense of sovereign immunity; (vi) that does not meet Landlord’s reasonable standards for tenants of the Building or is otherwise incompatible with the character of the occupancy of the Building, as reasonably determined by Landlord; (vii) whose use does not comply with the Permitted Use stated hereinUse; or (viii) whose use or occupancy would result in an increase in the insurance premiums for the Building; and (e) Landlord shall not be required to expend any amount of money to alter, remodel or otherwise make the Premises suitable for use by a Substitute Tenant unless: (1) Tenant pays any such amount to Landlord prior to Landlord’s execution of a lease with such Substitute Tenant (which payment shall not relieve Tenant of any amount it owes Landlord as a result of Tenant’s default under this Lease); or (2) Landlord, in Xxxxxxxx’s sole discretion, determines any such expenditure is financially prudent in connection with entering into a lease with the Substitute Tenant .As used herein “Tangible Net Worth shall mean the excess of total assets over total liabilities, in each case as determined in accordance with generally accepted accounting principles consistently applied (“GAAP”), excluding, however, from the determination of total assets all assets which would be classified as intangible assets under GAAP including goodwill, licenses, patents, trademarks, trade names, copyrights, and franchises.

Defaults and Landlords Remedies. The occurrence of any one or more following rights and remedies of the following events Landlord shall constitute an event of default (individuallybe cumulative, an “Event of Default” and, collectively, “Events of Default”) hereunderand none shall exclude any other right or remedy allowed by law: (a) if If any voluntary or involuntary petition under any section of any bankruptcy act shall be filed by or against Tenant, or any voluntary or involuntary proceeding in any court or tribunal shall be instituted to declare the Tenant shall fail insolvent or unable to make any payment of Rent due and payable by Tenant under this Lease within ten (10) days after the same becomes due and payable; or (b) if Tenant (or, if applicable, any subtenant, licensee, assignee or other occupant) shall fail to observe or perform any other term, covenant or condition of this Lease on its part to be performedpay Tenant’s debts, and such failure is not cured by Tenant (or, if applicable, by such subtenant, licensee, assignee or occupant) within a period in the case of thirty (30) days after Tenant’s receipt of written notice thereof from Landlord, unless such failure cannot with due diligence be cured within a period of thirty (30) days, in which case such failure shall not be deemed to continue if Tenant initiates such cure with the thirty-day period and proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof as soon as reasonably possible but in no event more than ninety (90) days after such notice, or (c) if Tenant shall: (i) admit in writing its inability to pay debts generally as they become due, (ii) file a petition in bankruptcy or a petition to take advantage of any insolvency law, (iii) make an assignment for the benefit of its creditors, (iv) consent to the appointment of a receiver of itself or of the whole or any substantial part of its property, or (v) file a involuntary petition or answer seeking reorganization or arrangement under proceeding, the Federal bankruptcy laws or any other applicable law or statute of the United States of America or any state thereof, or (d) If Tenant shall be finally liquidated or dissolved, or shall begin proceedings towards such liquidation or dissolution, or shall have filed against it a petition or other proceeding to cause it to be liquidated or dissolved and such proceeding is not dismissed within thirty (30) days thereafterfrom the date it is filed, Landlord may elect, upon notice of such election, to terminate this Lease, unless Tenant continues to pay rent and adopts the Lease in such proceeding. (b) If Tenant defaults in the payment of any installment of the rent and does not cure the default within five (5) days after notice, or if Tenant defaults in the prompt performance of any other provision of this Lease and does not cure such other default within ten (10) days, or forthwith if the default involves a hazardous condition, after written notice by Landlord, or if the leasehold interest of Tenant be levied upon under execution or be attached by process of law, or if Tenant makes an assignment for the benefit of creditors, or if a receiver be appointed for any property of Tenant, or if Tenant abandons or vacates the Leased Premises, Landlord may terminate this Lease and Tenant’s right to possession of the Leased Premises or, without terminating this Lease, forthwith terminate Tenant’s right to possession of the Leased Premises. (c) Upon any termination of this Lease, or upon any termination of the Tenant’s right to possession without termination of the Lease, Tenant shall immediately vacate the Leased Premises and deliver possession to Landlord. (d) If Landlord elects to terminate Tenant’s rights to possession only, without terminating this Lease, Landlord may, at Landlord’s option, enter into the Leased Premises, remove Tenant’s signs and other evidences of tenancy, and take and hold possession thereof without such entry and possession terminating this Lease or releasing Tenant from the obligation to pay the rent hereunder for the full Term. Upon and after entry into possession without termination of this Lease, Landlord may relet the Leased Premises or any part thereof for the account of Tenant for such rent, for such time and upon such terms as Landlord in its sole discretion shall determine, and Landlord shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant about such reletting. A reletting for a term longer than the then remaining Lease Term shall not constitute an acceptance by Landlord of a surrender of this Lease or a waiver of any of Landlord’s rights hereunder. In any such case, Landlord may make repairs, alterations and additions in or to the Leased Premises, and redecorate the same to the extent reasonably deemed necessary or desirable by Landlord, and Tenant shall, upon demand, pay the cost thereof, together with Landlord’s expense of the reletting. If the consideration collected by Landlord upon any such reletting for Tenant’s account is not sufficient to pay monthly the full amount of the rent reserved in this Lease, together with the costs of repairs, alterations, additions, redecorating and Landlord’s expenses of reletting, Tenant shall pay to Landlord the amount of each monthly deficiency upon demand. (e) If Any property which may be removed from the Leased Premises by the Landlord pursuant to the authority of this Lease or of law, to which Tenant is or may be entitled, may be handled, removed or stored by Landlord at the risk, cost and expense of Tenant, and Landlord shall in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall abandon pay to Landlord, upon demand, any and all expenses incurred in such removal and all storage charges against such property so long as the Premisessame shall be in Landlord’s possession or under Landlord’s control. Any such property of Tenant not retaken from storage by Tenant within thirty (30) days after the end of the Lease Term, cease active however terminated, shall be conclusively presumed to have been conveyed by Tenant to Landlord under this Lease as a xxxx of sale. (f) In the event Tenant defaults in the performance of any of the terms, covenants, agreements or conditions contained in this Lease and continuing commercial operations within Landlord places the Premisesenforcement of this Lease, or otherwise fail any part thereof, or the collection of any rent due, or to occupy become due hereunder or recovery of the possession of the Leased Premises in the hands of an attorney, or files suit upon the same, Tenant agrees to pay Landlord reasonable attorney’s fees and expenses. (g) Failure of Landlord to declare any default immediately upon occurrence thereof, or delay in taking any action in connection therewith, shall not waive such default, but Landlord shall have the right to declare any such default at any time and take such action as might be lawful or authorized hereunder, either at law or in equity. (h) A default under the Operations Lease shall be a default under this Lease. In the event of a default under the Operations Lease, Landlord may exercise against Tenant or the Leased Premises all remedies provided for such a default under the Permitted Use stated hereinOperations Lease.