Common use of LANDLORD'S RIGHT TO PERFORM TENANT OBLIGATIONS Clause in Contracts

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.

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 '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 seven (307) 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 '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%) 16% per annum or (b) the rate of interest per annum publicly announced, quoted or published, from time to time, by Xxxxx Fargo BankBank of America, NAat its Phoenix, (or its successor in interest) Arizona office as its “prime "reference rate” " plus two (2) 4 percentage points, from the date of such payment by Landlord until reimbursement in full by Tenant (the “Default "Interest 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 Interest 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 '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 the period set forth in section 13 hereof after notice thereof by LandlordLandlord (or such ---------- shorter period of time as may be reasonable following oral notice to Tenant's personnel in the Leased Premises in the case of emergency), Landlord may (but shall not be obligated to do so) without waiving or releasing Tenant from any of Tenant’s '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 fifteen percent (1015%) per annum or (b) the rate of interest per annum publicly announced, quoted or published, from time to time, by Xxxxx Fargo BankBank of America, NAat its Phoenix, (or its successor in interest) Arizona office as its “prime "reference rate” " plus two four (24) 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 '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) 5 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 '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%) 8% per annum or (b) the rate of interest per annum publicly announced, quoted or published, from time to time, by Xxxxx Fargo BankBank of America, NAat its Phoenix, (or its successor in interest) Arizona office as its “prime "reference rate” " plus two (2) 4 percentage points, from the date of such payment by Landlord until reimbursement in full by Tenant (the “Default "Interest 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 Interest Rate exceed the maximum rate (if any) permitted by applicable law. 13.

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 RentTenant’s Share of Expenses (except as provided in Section 10.5 hereof). 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 five (305) days after notice thereof by LandlordLandlord (or such shorter period of time as may be reasonable following oral notice to Tenant’s personnel in the Leased Premises), 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 rate 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.