LANDLORD'S RIGHT TO PERFORM TENANT OBLIGATIONS. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of Annual Basic Rent or Additional Rent. If Tenant shall fail to pay any sum of money, other than Annual Basic Rent, required to be paid by it under this Lease, or shall fail to perform any other act on its part to be performed under this Lease, and such failure shall continue for ten (10) days after notice of such failure by Landlord (or such shorter period of time as may be reasonable in the event of an emergency), Landlord may (but shall not be obligated to do so) without waiving or releasing Tenant from any of Tenant's obligations, make any such payment or perform any such other act on behalf of Tenant. All sums so paid by Landlord and all necessary incidental costs, together with interest at the greater of (a) eighteen percent (18%) per annum or (b) the rate of interest per annum publicly announced, quoted or published, from time to time, by Bank of America, at its Phoenix, Arizona office as its "reference rate" plus four (4) percentage points, from the date of such payment by Landlord until reimbursement in full by Tenant (the "Default Rate"), shall be payable to Landlord as Additional Rent with the next monthly installment of Annual Basic Rent; provided, however, in no event shall the Default Rate exceed the maximum rate (if any) permitted by applicable law.

LANDLORD'S RIGHT TO PERFORM TENANT OBLIGATIONS. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant’s sole cost and expense and without any abatement of Annual Basic Rent or Additional Rent. If Tenant shall fail to pay any sum of money, other than Annual Basic Rent, required to be paid by it hereunder, or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue for thirty (30) days after notice thereof by Landlord, Landlord may (but shall not be obligated to do so) without waiving or releasing Tenant from any of Tenant’s obligations, make any such payment or perform any such other act on behalf of Tenant. All sums so paid by Landlord and all necessary incidental costs, together with interest thereon at the greater of (a) ten percent (10%) per annum or (b) the rate of interest per annum publicly announced, quoted or published, from time to time, by Xxxxx Fargo Bank, NA, (or its successor in interest) as its “prime rate” plus two (2) percentage points, from the date of such payment by Landlord until reimbursement in full by Tenant (the “Default Rate”), shall be payable to Landlord as Additional Rent with the next monthly installment of Annual Basic Rent; provided, however, in no event shall the Default Rate exceed the maximum rate (if any) permitted by applicable law.

See All (6)

LANDLORD'S RIGHT TO PERFORM TENANT OBLIGATIONS. If Tenant ---------------------------------------------- fails promptly to make any repairs, payments or otherwise take any actions that are Tenant's obligation to make or do under this Lease, Landlord, at its option, may make or perform same at the expiration of any applicable Notice and grace period provided for herein (except that upon any emergency presenting immediate danger to person or property, such Notice and grace period shall only be what is reasonable under the circumstances), and Tenant shall pay Landlord, upon demand and receipt of evidence of payment, as Additional Rent, Landlord's actual costs plus interest thereon from the date of expenditure until paid at the Lease Interest Rate. The provisions of this Section 6.4 shall be for the sole and exclusive benefit of Landlord. Nothing contained herein shall be construed so as to require Landlord to exercise any of its rights under this Section 6.4.

See All (4)

LANDLORD'S RIGHT TO PERFORM TENANT OBLIGATIONS. If Tenant fails to perform its obligations to maintain the Premises or perform any obligation in accordance with the standards set forth in this Agreement, the Landlord shall have the right, but not the obligation, to perform such work or make any payment upon delivery of written notice to Tenant. Any payment or cost of performance (together with interest thereon at the Default Rate from the respective dates of the Landlord’s making of each such payment) shall constitute additional Rent payable by Tenant under this Agreement and shall be paid by Tenant to the Landlord on demand. The “Default Rate” shall mean interest calculated at an annual rate equal to the lesser of twelve percent (12%) or the maximum rate of interest permitted by law. The Landlord’s election to undertake such obligation shall not operate as a waiver of any other right or remedy the Landlord may have pursuant to this Agreement.

LANDLORD'S RIGHT TO PERFORM TENANT OBLIGATIONS. If following notice and the expiration of any applicable cure period as set forth in Section 12.2, the Tenant fails to perform its obligations to maintain the Premises in accordance with the standards set forth in this Lease, the Landlord shall have the right, but not the obligation, to perform such work upon delivery of written notice to the Tenant, and the Tenant shall reimburse the Landlord for all expenditures the Landlord incurs in connection with such work. The Landlord’s election to undertake such obligation shall not operate as a waiver of any other right or remedy the Landlord may have pursuant to this Lease.

LANDLORD'S RIGHT TO PERFORM TENANT OBLIGATIONS. If Tenant shall at any time fail to pay any charge as required under this Lease, fail to take out, pay for, maintain and deliver any of the insurance policies or certificates of insurance required in Article VI, or fail to make any other payment or perform any other act or obligation on its part to be made or performed under this Lease, then after twenty (20) days prior written notice to Tenant (or immediately and without notice in case of emergency), Landlord may, but shall not be obligated to make any such payment or perform any such act or obligation on Tenant's part to be paid or performed under this Lease. Landlord may enter upon the Premises for any such purpose and take all such action therein or thereon as may be necessary therefor. Nothing herein contained and no such action by Landlord shall be deemed as a waiver or release of Tenant from any obligation of Tenant under this Lease. All sums so paid by Landlord and all costs and expenses, including attorney's fees incurred by Landlord in connection with the performance of any such act, plus an administrative fee of ten percent of the amount thereof, together with interest thereon at the Interest Rate from the respective dates of Landlord's making of each payment, shall be paid by Tenant to Landlord on demand.

LANDLORD'S RIGHT TO PERFORM TENANT OBLIGATIONS. If Tenant shall at any time fail to take out, pay for, maintain and deliver any of the insurance policies or certificates of insurance provided for in Article 6, or fail to make any other payment or perform any other act or obligation on its part to be made or performed under this Lease, then, in each instance, after fifteen (15) days prior written notice to Tenant, which notice shall specifically notify Tenant of Landlord's right to perform Tenant's obligations under this Section 18.8 (or immediately and without notice in case of emergency), Landlord may, but shall not be obligated to: (i) take out, pay for and maintain any of the insurance policies provided for in this Lease; (ii) make or perform any necessary maintenance, service, repairs or replacements to the Premises for which Tenant is responsible, or (iii) make any other payment or perform any other act or obligation on Tenant's part to be paid or performed under this Lease. Landlord may enter upon the Premises for any such purpose and take all such action therein or thereon as may be necessary therefor. In such event, Landlord shall endeavor to minimize any interference with Tenant's operation of its business. Nothing herein contained and no such action by Landlord shall be deemed as a waiver or release of Tenant from any obligation of Tenant under this Lease. All sums so paid by Landlord and all costs and expenses, including reasonable attorney's fees incurred by Landlord in connection with the performance of any such act, plus an administrative fee of ten percent (10%) of the amount thereof, together with interest thereon at the Interest Rate from the respective dates of Landlord's making of each payment, shall be paid by Tenant to Landlord within ten (10) days of demand therefor. Landlord's damages for such failure of Tenant to maintain insurance shall not be limited to the amount of insurance premiums which would have been payable upon such insurance, but Landlord shall also be entitled to recover the uninsured amount of any loss (to the extent of any deficiency between the dollar limits of insurance required by the provisions of this Lease and the dollar limits of the insurance, if any, actually carried by Tenant) suffered or incurred by reason of damage to or destruction of the Premises.

LANDLORD'S RIGHT TO PERFORM TENANT OBLIGATIONS. If Tenant defaults in the observance or performance of any term or covenant under this Lease, Landlord may, without thereby waiving the default, remedy the default for Tenant's account and at Tenant's expense. If in connection therewith Landlord makes any expenditures or incurs any obligations for the payment of money or in instituting, prosecuting, or defending any action or proceedings commenced before or during the term of this Lease or after the expiration or termination of the term, including but not limited to legal expenses and attorneys' fees, Tenant shall pay to Landlord on demand the sums paid or obligations incurred, together with legal interest and costs. If not paid, Landlord, in addition to any other remedy, may deem the due payments to be Additional Rent.

LANDLORD'S RIGHT TO PERFORM TENANT OBLIGATIONS Sample Clauses

Filter & Search

Related Clauses

Parent Clauses