Common use of Landlord’s Right to Perform Tenant’s Covenants Clause in Contracts

Landlord’s Right to Perform Tenant’s Covenants. Tenant covenants and agrees that, if it shall at any time fail to make any payment or perform any other act on its part to be made or performed as in this Lease provided, then Landlord, in its sole discretion may after due notice to, or demand upon, Tenant and subject to the limitations set forth below, make any payment or perform any other act on the part of Tenant to be made and performed as in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rights, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease contained. All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses in connection with the performance of any such act by Landlord shall, except as otherwise in this Lease expressly provided, be payable to Landlord on demand, and Tenant covenants to pay any such sum or sums promptly, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “due notice” and may proceed as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be required.

Landlord’s Right to Perform Tenant’s Covenants. If Tenant covenants and agrees that, if it shall at any time fail to make shall be in Default (as hereinafter defined) of any payment or perform any other act on of its part to be made or performed as in obligations under this Lease providedbeyond all applicable notice and cure periods, then Landlord, in its sole discretion may after due notice to, without waiving or demand upon, releasing Tenant and subject to the limitations set forth below, make from any payment or perform any other act on the part obligation of Tenant to be made and performed as contained in this Lease providedLease, in may (but shall be under no obligation to) perform such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rights, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease containedobligation on Tenant’s behalf. All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses reasonably incurred by Landlord in connection with the performance of any act pursuant hereto together with interest thereon at the Default Rate from the respective dates of Landlord’s making demand to Tenant of each such act payment of each such sum, cost, expense, charge, payment or deposit, shall be paid by Tenant to Landlord within twenty (20) business days of demand therefor provided Landlord’s demand shall be accompanied by a reasonably detailed statement setting forth such expenditures, the reasons therefor and reasonably detailed invoices and/or receipts evidencing such expenditures. Such amounts due from Tenant shall be Rent under this Lease. Any payment or performance by Landlord shall, except as otherwise in this Lease expressly provided, pursuant hereto shall not be payable nor be deemed to Landlord on demand, and Tenant covenants to pay any such sum be a waiver or sums promptly, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event release of the non-payment thereof by breach or default of Tenant as in the case of default by Tenant in the payment with respect thereto or of the Base Rent. Whenever practicableright of Landlord to terminate this Lease, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant institute summary proceedings or take such length of time other action as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 days from the giving permissible hereunder if an Event of notice, to remedy the failure itself and, if Default (as hereinafter defined) by Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “due notice” and may proceed as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be requiredoccurred.

Landlord’s Right to Perform Tenant’s Covenants. If Tenant covenants and agrees that, if it shall at any time shall fail to make pay any payment tax or other imposition in accordance with the provisions of this Lease, or to take out, pay any insurance premiums for, maintain or deliver any of the insurance policies in the manner provided for in this Lease, or shall fail to pay any Rent hereunder as and when due, or to keep, observe or perform any covenant or any other act on its part required to be made or performed in this Lease, or then at any time after furnishing not less than thirty (30) days’ prior notice to Tenant (or, in the case of an emergency, without prior notice to Tenant), Landlord, without waiving or releasing Tenant from any obligation of Tenant contained in this Lease or waiving or releasing any rights of Landlord hereunder, at law or in equity, may (but shall be under no obligation to) pay any tax or other imposition, insurance premium, item of Rent or any other sums, costs, expenses, charges, payments or deposits payable by Tenant hereunder, or perform any other act on its Tenant’s part required to be made or performed as provided in this Lease provided, then Landlord, in its sole discretion may after due notice to, or demand upon, Tenant and subject to the limitations set forth below, make any payment or perform any other act on the part of Tenant to be made and performed as in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirableLease, and in exercising any may enter upon the Property for such rights, Landlord purpose and take all such action thereon as may pay be necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease containedtherefor. All reasonable sums so paid by Landlord and all reasonably necessary and incidental reasonable costs and expenses incurred by Landlord in connection with the performance of any such act obligation, together with interest thereon at the Interest Rate from the respective dates of Landlord’s making of each such payment or incurring of each such sum, cost, liability, expense, charge, payment or deposit until the date of actual repayment to Landlord, shall be paid by Landlord shall, except as otherwise in this Lease expressly provided, be payable Tenant to Landlord on demand, and demand as Rent. Any payment or performance by Landlord pursuant to the foregoing provisions of this Section 9.11 shall not be nor be deemed to be a waiver or release of breach or default of Tenant covenants to pay any such sum with respect thereto or sums promptly, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case right of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant take such length of time action as may be reasonable permissible hereunder, at law or in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 days from the giving of notice, to remedy the failure itself and, equity if a Tenant Default shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “due notice” and may proceed as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be requiredoccurred.

Landlord’s Right to Perform Tenant’s Covenants. Tenant covenants and agrees that, if it shall at any time fail to make any payment or perform any other act on its part to be made or performed as in this Lease provided, then Landlord, in its sole discretion may after due notice to, or demand upon, Tenant and subject to the limitations set forth belowTenant, make any payment or perform any other act on the part of Tenant to be made and performed as in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rights, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease contained. All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses in connection with the performance of any such act by Landlord shall, except as otherwise in this Lease expressly provided, be payable to Landlord on demand, and Tenant covenants to pay any such sum or sums promptly, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4Section, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 days ten (10) Business Days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “due notice” and may proceed as provided in this Section 12.4Section; provided provided, however, that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements Legal Requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be required.

Landlord’s Right to Perform Tenant’s Covenants. Tenant covenants and agrees agrees, that, if it shall at any time fail to make any payment or perform any other act on its part to be made or performed as in this Lease provided, then Landlord, in its sole discretion may after due notice to, or demand upon, Tenant and subject to the limitations set forth belowTenant, make any payment or perform any other act on the part of Tenant to be made and performed as in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rights, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease contained. All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses in connection with the performance of any such act by Landlord shall, except as otherwise in this Lease expressly provided, be payable to Landlord on demand, and Tenant covenants to pay any such sum or sums promptly, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4Section, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 days ten (10) Business Days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “due notice” and may proceed as provided in this Section 12.4Section; provided provided, however, that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements Legal Requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be required.

Landlord’s Right to Perform Tenant’s Covenants. Tenant covenants and agrees that, if it there shall at any time fail exist an Event of Default with respect to Tenant’s obligation to make any payment or perform any other act on its part to be made or performed as in this Lease provided, then Landlord, in its sole discretion discretion, may after due notice to, or demand upon, Tenant and subject to the limitations set forth below, make any payment or perform any such other act on the part of Tenant to be made and or performed as in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rights, Landlord may pay reasonable, actual and necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable and actual attorneys’ fees. The making of any such payment or the performing of any such other act by Landlord pursuant to this Article 12 shall not waive, or release Tenant from, any obligations of Tenant in this Lease contained. All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses in connection with the performance of any such act by Landlord shall, except as otherwise in this Lease expressly provided, be payable to Landlord on demand, and Tenant covenants to pay any such sum or sums promptly, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “due notice” and may proceed as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be required.

Landlord’s Right to Perform Tenant’s Covenants. Tenant ----------------------------------------------------------- covenants and agrees that, if it shall at any time fail to make any payment or perform any other act on its part to be made or performed as in this Lease providedprovided beyond the cure period set forth below in this Section 12.4, then Landlord, in its sole discretion may after due notice to, or demand upon, Tenant and subject to the limitations set forth belowTenant, make any payment or perform any other act on the part of Tenant to be made and performed as in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rights, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ ' fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease contained. All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses in connection with the performance of any such act by Landlord shall, except as otherwise in this Lease expressly provided, be payable to Landlord on demand, and Tenant covenants to pay any such sum or sums promptly, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 thirty (30) days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “"due notice” " and may proceed as provided in this Section 12.4; provided provided, however, that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be required.

Landlord’s Right to Perform Tenant’s Covenants. Tenant covenants and agrees that, if it shall at any time fail to make any payment or perform any other act on its part to be made or performed as in (a) If an Event of Default occurs under this Lease providedand all applicable cure periods have expired, then Landlord, in its sole discretion may after due notice to, without waiving or demand upon, releasing Tenant and subject to the limitations set forth below, make from any payment default or perform from any other act on the part obligation of Tenant to be made and performed as contained in this Lease providedLease, in may (but shall be under no obligation to) perform such manner and to such extent as Landlord may reasonably deem desirableobligations on Tenant's behalf, and in exercising any such rightsat Tenant's cost. In addition, Landlord may pay necessary so perform the obligation in question upon the occurrence of a Default without waiting until such Default has become an Event of Default if the failure to perform such obligation may result in a loss, forfeiture or diminution in value of the Premises or any part thereof or any part of the rents, issues and incidental profits thereof. In addition to the foregoing, if Tenant shall have failed to deliver to Landlord a certificate or other evidence reasonably satisfactory to Landlord of the existence of any new or renewal insurance policy required under SECTION 7.1 of this Lease prior to the date that is seven (7) Business Days prior to the expiration of the policy in question or if for any other reason the insurance described in SECTION (a) is no longer in full force and effect, then upon twenty-four (24) hours' notice from Landlord or any time thereafter, Landlord, without waiving or releasing Tenant from any obligation of Tenant contained in this Lease, may (but shall be under no obligation to) obtain or cause to be obtained, at Tenant's sole cost and expense, some or all of the insurance (covering a period of one year or less) for which such certificate or other evidence has not been delivered to Landlord as aforesaid. Landlord may exercise the foregoing right without giving Tenant a notice of Default and Landlord shall have the right to enforce collection of its costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making expenses incurred in obtaining such insurance without declaring an Event of any such payment Default by Tenant. (b) Without limiting Landlord's rights under SECTION 22.1(a) or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant elsewhere in this Lease contained, if Landlord shall be given any notice of default under any Secured Loan and Tenant is then in Default under this Lease with respect to an obligation the non-performance of which is the basis (in whole or in part) for such notice of default, then, whether or not such Default has become an Event of Default, Landlord, without waiving or releasing Tenant from any default or any obligation of Tenant contained in this Lease, may (but shall be under no obligation to) perform such obligation on Tenant's behalf, at Tenant's cost; provided, however, that Landlord shall immediately forward to Tenant a copy of any such notice of default received from such Secured Lender. SECTION 22.2. All reasonable sums so paid by Landlord and all reasonably necessary and incidental reasonable costs and expenses (including, without limitation, reasonable attorneys' fees and disbursements) incurred by Landlord in connection with the its performance under SECTION 22.1 of any of Tenant's obligations, together with interest thereon at the Late Charge Rate from the respective dates that Landlord makes each such act payment until the date of actual repayment to Landlord, shall be paid by Landlord shall, except as otherwise in this Lease expressly provided, be payable Tenant to Landlord on demanddemand as additional rent. Any payment or performance by Landlord pursuant to the foregoing provisions of this ARTICLE 22 shall not be a waiver or release of any breach or default of Tenant with respect thereto or of any right of Landlord to terminate this Lease, and Tenant covenants to pay any such sum or sums promptlyinstitute summary proceedings, and Landlord shall have (in addition to exercise any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant or take such length of time other action as may be reasonable permissible hereunder if an Event of Default by Tenant shall have occurred. Landlord shall not be limited in the circumstances, consistent with proof of any grace periods contained hereindamages which Landlord may claim against Tenant arising out of or by reason of Tenant's failure to provide and keep insurance in force as aforesaid to the amount of the insurance premium or premiums not paid, but not exceeding 30 days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord also shall be deemed entitled to have given “due notice” and may proceed recover, as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case damages for such breach, the uninsured amount of any emergency wherein there is danger loss or damage and the costs and expenses of suit, including, without limitation, reasonable attorneys' fees and disbursements, suffered or incurred by reason of damage to property or person destruction of the Parcels which damage or where there may exist any violation of legal requirements including but not limited destruction was required to the presence of Hazardous Materials, in which event no notice shall be requiredinsured against hereunder.

Landlord’s Right to Perform Tenant’s Covenants. SECTION 12.01. Tenant covenants and agrees that, that if it shall at any time fail to make pay any payment Tax pursuant to the provisions of Article Three hereof, or to take out, pay for, maintain or deliver any of the insurance perform any other act on its part which Tenant is obligated to be made make or performed as in perform under this Lease providedLease, then LandlordLandlord may, in its sole discretion may after due notice towithout waiving, or demand upon, Tenant and subject to the limitations set forth below, make any payment or perform any other act on the part of Tenant to be made and performed as in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rights, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release releasing Tenant from, any obligations of Tenant in this Lease contained, pay any such Tax, effect any such insurance coverage and pay premiums therefor, and make any other payment or perform any other act which Tenant is obligated to perform under this Lease, in such manner and to such extent as shall be necessary, and, in exercising any such rights, pay necessary and incidental costs and expenses, employ counsel and incur and pay reasonable attorneys’ fees. All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses in connection with the performance of any such act by Landlord shallLandlord, together with interest thereon at a rate of twelve percent (12%) per annum from the date of the making of such expenditure by Landlord, shall be deemed additional rent hereunder and, except as otherwise in this Lease expressly provided, shall be payable to Landlord on demanddemand or at the option of Landlord may be added to any rent then due or thereafter becoming due under this Lease, and Tenant covenants to pay any such sum or sums promptly, with interest as aforesaid and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “due notice” and may proceed as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be requiredrent.

Landlord’s Right to Perform Tenant’s Covenants. Section 8.1 Tenant covenants and agrees that, if it shall at any time fail to pay any tax or excise on rents or other tax as defined and provided for in this Lease, or fail to pay any imposition pursuant to the provisions of Article 6 above, or fail to take-out, pay for, carry, maintain, or deliver to Landlord any of the insurance policies or certificates provided for in Article 7 above, or fail to make any other payment or perform any other act on its part to be made paid or performed as in this Lease is provided, then LandlordLandlord may, but shall not be obligated so to do, without waiving or releasing Tenant from any obligation of Tenant in its sole discretion may after due notice tothis Lease contained, pay any such tax or excise on rents or imposition, effect any such insurance coverage and pay premiums therefor, or demand upon, Tenant and subject to the limitations set forth below, make any other payment or perform any other act on the part of Tenant to be made and paid or performed as is in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirable. Any and all obligations, and in exercising any such rights, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The expenses incurred by Landlord in making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease contained. All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses in connection with the performance of any such act by Landlord shallact, together with interest thereon at the rate of twelve percent (12%) per annum from the date on which the same were paid, shall be deemed additional rent hereunder and, except as is otherwise in this Lease expressly provided, shall be payable to Landlord on demanddemand or, at the option of Landlord, may be added to any rent then due or thereafter becoming due under this Lease, and Tenant covenants to pay any such sum or sums promptly, with interest as aforesaid and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment nonpayment thereof by Tenant as in the case of the default by Tenant in the payment of annual net rent due hereunder. Notwithstanding anything contained above, Landlord shall not pay any such tax or excise on rents or imposition, effect any such insurance coverage and pay premiums therefor, or make any other payment or perform any other act on the Base Rent. Whenever practicable, Landlord, before proceeding part of Tenant to be paid or performed as provided is in this Section 12.4Lease provided, until such time as Landlord shall give have provided Tenant with written notice of Tenant's default and Tenant shall fail to cure the same within thirty (30) days thereafter, provided that, in writing the case of a non-monetary default which cannot with due diligence be cured within a thirty (30) day period, the failure time of Tenant within which Landlord proposes to remedy, and cure the same shall allow Tenant be extended for such length of time period as may be reasonable in necessary to complete the circumstances, consistent same with any grace periods contained herein, but not exceeding 30 days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “all due notice” and may proceed as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be requireddiligence.

Landlord’s Right to Perform Tenant’s Covenants. 8.01 If Tenant covenants and agrees that, if it shall at any time fail to pay any Imposition or other charge in accordance with Section 5 hereof, within the time therein permitted or to pay for or maintain any of the insurance policies provided for in Section 7 hereof, within the time therein permitted, or to make any other payment or perform any other act on its Tenant's part by this Lease, then Landlord, after ten (10) days' written notice to Tenant (or, in case of any emergency, such notice, or without notice, as may be reasonable under the circumstances) and without waiving or releasing Tenant from any obligation of Tenant hereunder, may (but shall not be required to): (a) pay such Imposition or other charge payable by Tenant pursuant to the provisions of Section 5 hereof, or (b) pay for and maintain such insurance policies provided for in Section 7 hereof, or (c) make such other payment or perform such other act on Tenant's part to be made or performed as provided in this Lease provided, then Landlord, in its sole discretion may after due notice to, or demand upon, Tenant and subject to the limitations set forth below, make any payment or perform any other act on the part of Tenant to be made and performed as in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirableLease, and in exercising any may enter upon the Leased Premises for such rights, Landlord purpose and take all such action thereon as may pay be necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease contained. therefor. 8.02 All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses incurred by Landlord in connection with the performance of any such act (together with interest thereon at the rate of 10% per annum from the respective dates of Landlord's making of each such payment or incurring of each cost or expenses) shall constitute additional rent payable by Landlord shall, except as otherwise in Tenant under this Lease expressly provided, and shall be payable paid by Tenant to Landlord on demand, and Tenant covenants to pay any such sum or sums promptly, and . Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies not be limited in the event proof of any damages which Landlord may claim against Tenant arising out of or by reason of Tenant's failure to provide and keep in force insurance as aforesaid to the amount of the non-payment thereof insurance premium or premiums not paid or incurred by Tenant and which would have been payable upon such insurance, but Landlord shall also be entitled to recover as damages for such breach, the uninsured amount of any loss (to the extent of any deficiency in the case insurance required by the provisions of default this Lease), damages, costs and expenses of suit, including attorneys' fees, suffered or incurred by Tenant in reason of damage to, or destruction of, the payment of the Base Rent. Whenever practicableLeased Premises, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant occurring during any period which Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed have failed or neglected to have given “due notice” and may proceed provide insurance as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be requiredaforesaid.

Landlord’s Right to Perform Tenant’s Covenants. Tenant covenants and agrees that(a) Upon an Event of Default, if it the Landlord may, but shall at any time fail to make any payment or perform any other act on its part to be made or performed as in this Lease provided, then Landlord, in its sole discretion may after due notice under no obligation to, or demand upon, Tenant and subject to the limitations set forth below, make any payment or perform any other act on the part of Tenant to be made and performed as in this Lease provided, in cure such manner and to such extent as default. The Landlord may reasonably deem desirableenter upon the Premises (after five (5) days’ written notice to Tenant except in the event of emergency) for any such purpose, and in exercising take all such action thereon, as may be necessary. (b) The Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant or any operator or occupant thereof by reason of making such rights, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making repairs or the performance of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waivework, or release Tenant fromon account of bringing materials, any tools, supplies and equipment onto the Premises during the course thereof, and the obligations of Tenant in under this Lease containedshall not be affected thereby. The Landlord shall use commercially reasonable efforts to minimize interference with or disruption of Tenant or Tenant’s business, occupants, operators and or lessees. (c) All reasonable sums so paid by the Landlord and all reasonably necessary and incidental reasonable costs and expenses incurred by the Landlord, including reasonable attorneys’ fees and expenses, in connection with the performance of any such act, together with interest at the Default Rate from the date of such payment or incurrence by the Landlord of such cost and expense until the date paid in full, shall be paid by Tenant to the Landlord, as Additional Rent, on demand. If the Landlord shall exercise its rights under Section 14.3(a) to cure a default of Tenant, Tenant shall not be relieved from the obligation to make such payment or perform such act by in the future, and the Landlord shall, except as otherwise shall be entitled to exercise any remedy contained in this Lease expressly provided, be payable to Landlord on demand, and if Tenant covenants shall fail to pay any such sum or sums promptly, and obligation to the Landlord upon demand. All costs incurred by the Landlord hereunder shall have (in addition be presumed to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstancesabsence of a showing of bad faith, consistent with any grace periods contained hereinclear error, but not exceeding 30 days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “due notice” and may proceed as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be requiredfraud.

Landlord’s Right to Perform Tenant’s Covenants. Tenant covenants and agrees that, that if it shall at any time fail to make any payment or perform any other act on its part to be made or performed as in this Lease provided, then LandlordLandlord may, in its sole discretion may after but shall not be obligated so to do, and with due notice to, to or demand uponupon Tenant, and without waiving or releasing Tenant and subject to the limitations set forth belowfrom any obligations of Tenant in this Lease contained, may make any such payment or perform any other act on the part of Tenant to be made and performed as in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rights, Landlord may rights to pay necessary and incidental costs and expenses, employ counsel, counsel and incur and pay reasonable attorneys’ attorney's fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease contained. All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses in connection with the performance of any such act by Landlord shallLandlord, together with interest thereon at the Default Interest Rate from the date of the making of such expenditure by Landlord, shall be deemed Additional Rent hereunder and, except as otherwise in this Lease expressly provided, shall be payable to Landlord on demanddemand or at the option of Landlord may be added to any rent then due or thereafter becoming due under this Lease, and Tenant covenants to pay any such sum or sums promptly, with interest as aforesaid and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever reasonably practicable, Landlord, before proceeding as provided in this Section 12.4Paragraph, shall give Tenant notice in writing of the failure of Tenant which that Landlord proposes to remedy, and shall allow to Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 fifteen (15) days from the giving of noticethe notice (unless such default cannot be reasonably cured within said fifteen (15) day period, in which event, if Tenant shall commence within said fifteen (15) day period and thereafter prosecute with diligence the curing of such default, said fifteen (15) day period shall be extended for such reasonable length of time as may be required to enable Tenant to cure such default) to remedy the failure itself and, and if the Tenant shall not remedy the failure in the time so allowed, the Landlord shall be deemed to have given “due notice” and may proceed as provided in this Section 12.4Paragraph; provided PROVIDED, HOWEVER, that nothing in this Section sentence shall prevent Landlord from acting without notice the Landlord's effecting forthwith any insurance coverage required to be and not effected by Tenant or Landlord's paying any premiums therefor in case time to prevent the cancellation or lapse of any such coverage in force, or any actions of Landlord in connection with any emergency wherein there is danger or immediate threat to property persons or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, property. Nothing contained in which event no notice shall be required.this

Landlord’s Right to Perform Tenant’s Covenants. If Tenant covenants and agrees that, if it shall at any time fail to pay any Imposition or other charge in accordance with Article 5 within the time period therein permitted, or shall fail to pay for or maintain any of the insurance policies required in Article 9 within the time therein permitted, or shall fail to make any other payment or perform any other act on its part to be made or performed as in hereunder within the time permitted by this Lease providedLease, then Landlord, after thirty (30) days’ Notice to Tenant (or, in its sole discretion may after due notice tocase of an emergency, on such notice, or demand uponwithout notice, as may be reasonable under the circumstances), and without waiving or releasing Tenant and subject from any obligation of Tenant hereunder, may (but shall not be required to): (a) pay such Imposition or other charge payable by Tenant pursuant to the limitations set forth belowprovisions of Article 5, or (b) pay for and maintain such insurance policies provided for in Article 9, or (c) make any such other payment or perform any such other act on the Tenant’s part of Tenant to be made and or performed as provided in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rights, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease containedLease. All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses incurred by Landlord in connection with the performance of any such act act, together with interest thereon at a rate equal to the greater of (a) twelve percent (12%) per annum, or (b) five percent (5%) above the Prime Rate compounded quarterly (not to exceed, however, the maximum legal rate then permitted by Landlord shalllaw), except as otherwise in calculated from the respective dates of Landlord’s making of each such payment or incurring of each cost or expense, shall constitute Additional Rent payable by Tenant under this Lease expressly provided, and shall be payable paid by Tenant to Landlord on demand, and Tenant covenants to pay any such sum or sums promptly, and . Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies not be limited in the event proof of any damages that Landlord may claim against Tenant arising out of or by reason of Tenant’s failure to provide and keep in force insurance as aforesaid, to the amount of the non-payment thereof insurance premium or premiums not paid or incurred by Tenant and that would have been payable upon such insurance, but Landlord shall also be entitled to recover as damages for such breach, the uninsured amount of any loss (to the extent of any deficiency in the case insurance required by the provisions of default this Lease), damages, costs and expenses of suit, including attorneys’ fees, suffered or incurred by Tenant reason of damage to, or destruction of, the Project Improvements, occurring during any period in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed have failed or neglected to have given “due notice” and may proceed provide insurance as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be requiredaforesaid.

Landlord’s Right to Perform Tenant’s Covenants. Tenant covenants and agrees that, if it If TENANT shall at any time fail to pay any sums due under this Lease in accordance with the provisions of this Lease, or to take out, pay for or maintain any insurance required by this Lease to be maintained, or shall fail to make any other payment or perform any other act on its part to be made or performed as performed, then, LANDLORD, after ten (10) days written notice to TENANT (or without notice in case of an emergency) and without waiving or releasing TENANT from any obligation of TENANT contained in this Lease providedLease, then Landlord, in its sole discretion may after due notice (but shall be under no obligation to, or demand upon, Tenant and subject ): A. Pay any sum payable by TENANT pursuant to the limitations set forth belowprovisions of this Lease; or B. Take out, make pay for and maintain any insurance policy required to be maintained by TENANT under this Lease; or C. Make any other payment or perform any other act on the TENANT'S part of Tenant to be made and or performed as provided for in this Lease provided, in Lease. LANDLORD may enter upon the Leased Premises for such manner purpose and take all such action thereon as may be reasonably necessary therefor without notice to such extent as Landlord may reasonably deem desirable, and in exercising any such rights, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease containedTENANT. All sums so paid by Landlord LANDLORD and all reasonably necessary and incidental costs and expenses incurred by LANDLORD in connection with the performance of any such act act, together with interest thereon at the rate of eighteen (18%) percent per annum from the date of LANDLORD'S making of such payment shall constitute additional rent payable by Landlord shall, except as otherwise in TENANT under this Lease expressly provided, and shall be payable paid by TENANT to Landlord LANDLORD on demand, and Tenant covenants to pay any such sum or sums promptly, and Landlord . LANDLORD shall have (in addition to any other right or remedy of Landlord) the same rights and remedies not be limited in the event proof of any damages which LANDLORD may claim against TENANT arising out of, or by reason of, TENANT'S failure to provide and keep in force insurance as aforesaid to the amount of the non-payment thereof insurance premium or premiums not paid or incurred by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant TENANT and which Landlord proposes to remedy, and shall allow Tenant would have been payable upon such length of time as may be reasonable in the circumstances, consistent with any grace periods contained hereininsurance, but not exceeding 30 days from LANDLORD shall also be entitled to recover as damages for such breach, the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “due notice” and may proceed as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case uninsured amount of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be requiredloss.

Landlord’s Right to Perform Tenant’s Covenants. Tenant covenants and agrees that, if it shall at any time fail to make any payment or perform any other act on its part to be made or performed as in (a) If an Event of Default occurs under this Lease providedand all applicable cure periods have expired, then Landlord, in its sole discretion may after due notice to, without waiving or demand upon, releasing Tenant and subject to the limitations set forth below, make from any payment default or perform from any other act on the part obligation of Tenant to be made and performed as contained in this Lease providedLease, in may (but shall be under no obligation to) perform such manner and to such extent as Landlord may reasonably deem desirableobligations on Tenant's behalf, and in exercising any such rightsat Tenant's cost. In addition, Landlord may pay necessary so perform the obligation in question upon the occurrence of a Default without waiting until such Default has become an Event of Default if the failure to perform such obligation may result in a loss, forfeiture or diminution in value of the Premises or any part thereof or any part of the rents, issues and incidental profits thereof. In addition to the foregoing, if Tenant shall have failed to deliver to Landlord a certificate or other evidence reasonably satisfactory to Landlord of the existence of any new or renewal insurance policy required under SECTION 7.1 of this Lease prior to the date that is seven (7) Business Days prior to the expiration of the policy in question or if for any other reason the insurance described in SECTION 7.1(a) is no longer in full force and effect, then upon twenty-four (24) hours' notice from Landlord or any time thereafter, Landlord, without waiving or releasing Tenant from any obligation of Tenant contained in this Lease, may (but shall be under no obligation to) obtain or cause to be obtained, at Tenant's sole cost and expense, some or all of the insurance (covering a period of one year or less) for which such certificate or other evidence has not been delivered to Landlord as aforesaid. Landlord may exercise the foregoing right without giving Tenant a notice of Default and Landlord shall have the right to enforce collection of its costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making expenses incurred in obtaining such insurance without declaring an Event of any such payment Default by Tenant. (b) Without limiting Landlord's rights under SECTION 22.1(a) or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant elsewhere in this Lease contained, if Landlord shall be given any notice of default under any Secured Loan and Tenant is then in Default under this Lease with respect to an obligation the non-performance of which is the basis (in whole or in part) for such notice of default, then, whether or not such Default has become an Event of Default, Landlord, without waiving or releasing Tenant from any default or any obligation of Tenant contained in this Lease, may (but shall be under no obligation to) perform such obligation on Tenant's behalf, at Tenant's cost; provided, however, that Landlord shall immediately forward to Tenant a copy of any such notice of default received from such Secured Lender. SECTION 22.2. All reasonable sums so paid by Landlord and all reasonably necessary and incidental reasonable costs and expenses (including, without limitation, reasonable attorneys' fees and disbursements) incurred by Landlord in connection with the its performance under SECTION 22.1 of any of Tenant's obligations, together with interest thereon at the Late Charge Rate from the respective dates that Landlord makes each such act payment until the date of actual repayment to Landlord, shall be paid by Landlord shall, except as otherwise in this Lease expressly provided, be payable Tenant to Landlord on demanddemand as additional rent. Any payment or performance by Landlord pursuant to the foregoing provisions of this ARTICLE 22 shall not be a waiver or release of any breach or default of Tenant with respect thereto or of any right of Landlord to terminate this Lease, and Tenant covenants to pay any such sum or sums promptlyinstitute summary proceedings, and Landlord shall have (in addition to exercise any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant or take such length of time other action as may be reasonable permissible hereunder if an Event of Default by Tenant shall have occurred. Landlord shall not be limited in the circumstances, consistent with proof of any grace periods contained hereindamages which Landlord may claim against Tenant arising out of or by reason of Tenant's failure to provide and keep insurance in force as aforesaid to the amount of the insurance premium or premiums not paid, but not exceeding 30 days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord also shall be deemed entitled to have given “due notice” and may proceed recover, as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case damages for such breach, the uninsured amount of any emergency wherein there is danger loss or damage and the costs and expenses of suit, including, without limitation, reasonable attorneys' fees and disbursements, suffered or incurred by reason of damage to property or person destruction of the Parcels which damage or where there may exist any violation of legal requirements including but not limited destruction was required to the presence of Hazardous Materials, in which event no notice shall be requiredinsured against hereunder.

Landlord’s Right to Perform Tenant’s Covenants. Tenant covenants and agrees that(a) Upon an Event of Default, if it Landlord may, but shall at any time fail to make any payment or perform any other act on its part to be made or performed as in this Lease provided, then Landlord, in its sole discretion may after due notice under no obligation to, or demand upon, Tenant take any and subject all actions to the limitations set forth below, make any payment or perform any other act on the part of Tenant to be made and performed as in this Lease provided, in cure such manner and to such extent as default. Landlord may reasonably deem desirableenter upon the Premises (after ten (10) days’ written notice to Tenant except in the event of emergency) for any such purpose, and in exercising take all such action thereon, as may be necessary. (b) Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant or any operator or occupant thereof by reason of making such rights, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making repairs or the performance of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waivework, or release Tenant fromon account of bringing materials, any tools, supplies and equipment onto the Premises during the course thereof, and the obligations of Tenant in under this Lease containedshall not be affected thereby. Landlord shall use reasonable efforts to minimize interference with the use of the Premises for the Permitted Uses. (c) All reasonable sums so paid by Landlord and all reasonably necessary and incidental reasonable costs and expenses incurred by Landlord, including reasonable attorneys’ fees and expenses, in connection with the performance of any such act act, together with interest at the Default Rate from the date of such payment or incurrence by Landlord shallof such cost and expense until the date paid in full, except as otherwise in this Lease expressly provided, shall be payable paid by Tenant to Landlord as Additional Rent on demand. If Landlord shall exercise its rights under Section 15.3(a) to cure a default of Tenant, and Tenant covenants shall not be relieved from the obligation to pay any make such sum payment or sums promptlyperform such act in the future, and Landlord shall have (in addition be entitled to exercise any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided contained in this Section 12.4, Lease if Tenant shall give Tenant notice in writing of the failure of Tenant which fail to pay such obligation to Landlord proposes upon demand. All costs incurred by Landlord hereunder shall be presumed to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstancesabsence of a showing of bad faith, consistent with any grace periods contained hereinclear error, but not exceeding 30 days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “due notice” and may proceed as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be requiredfraud.

Landlord’s Right to Perform Tenant’s Covenants. 20.1 If Tenant covenants and agrees that, if it shall at any time shall fail to make pay any payment Imposition in accordance with the provisions hereof, or to take out, pay any insurance premiums for, maintain or deliver any of the insurance policies in the manner provided for herein, or shall fail to pay any Rental hereunder as and when due, or to keep, observe or perform any covenant or any other act on its part required to be made or performed hereunder, or then at any time after furnishing not less than 30 days' prior notice to Tenant of any Event of Default (or, in the case of an emergency or an Event of Default which, in Landlord's reasonable judgment, is likely to cause a forfeiture of Landlord's interest in the Premises, upon not less than five days' prior notice to Tenant), Landlord, without waiving or releasing Tenant from any obligation of Tenant contained in this Lease or waiving or releasing any rights of Landlord hereunder, at law or in equity, may (but shall be under no obligation to) pay any Imposition, insurance premium, item of Rental or any other sums, costs, expenses, charges, payments or deposits payable by Tenant hereunder, or perform any other act on its Tenant's part required to be made or performed as provided in this Lease provided, then Landlord, in its sole discretion may after due notice to, or demand upon, Tenant and subject to the limitations set forth below, make any payment or perform any other act on the part of Tenant to be made and performed as in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirableLease, and in exercising any may enter upon the Premises for such rights, Landlord purpose and take all such action thereon as may pay be necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease contained. therefor. 20.2 All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses incurred by Landlord in connection with the performance of any such act obligation, together with interest thereon at the Interest Rate from the respective dates of Landlord's making of each such payment or incurring of each such sum, cost, liability, expense, charge, payment or deposit until the date of actual repayment to Landlord, shall be paid by Landlord shall, except as otherwise in this Lease expressly provided, be payable Tenant to Landlord on demand, and demand as Rental. Any payment or performance by Landlord pursuant to the foregoing provisions of this Article 20 shall not be nor be deemed to be a waiver or release of breach or default of Tenant covenants to pay any such sum with respect thereto or sums promptly, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case right of default by Tenant in the payment of the Base Rent. Whenever practicableLandlord to terminate this Lease, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant institute summary proceedings and/or take such length of time other action as may be reasonable permissible hereunder, at law or in equity if an Event of Default by Tenant shall have occurred. Landlord shall not be limited in the circumstances, consistent with proof of any grace periods contained hereindamages which Landlord may claim against Tenant arising out of or by reason of Tenant's failure to provide and keep insurance in force as aforesaid to the amount of the insurance premium or premiums not paid, but not exceeding 30 days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord also shall be deemed entitled to have given “due notice” and may proceed recover, as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case damages for such breach, the uninsured amount of any emergency wherein there is danger loss and damage and the costs and expenses of suit, including, without limitation, reasonable attorneys' fees and disbursements, suffered or incurred by reason of damage to property or person destruction of the Premises or where there may exist any violation of legal requirements including but not limited part thereof, which damage or destruction was required to the presence of Hazardous Materials, in which event no notice shall be requiredinsured against hereunder.

Landlord’s Right to Perform Tenant’s Covenants. (a) If Tenant covenants and agrees that, if it shall at any time fail to pay any Tax in accordance with the provisions of Section 7 hereof, or to take out, pay for, maintain or deliver any of the insurance policies provided for in Section 14 hereof, or shall fail to make any other payment or perform any other act on its part to be made or performed as in this Lease providedhereunder, or required to be performed under the Mortgage, then Landlord, after 5 days' notice to Tenant, except when other notice is expressly provided for in its sole discretion this Lease (or without Notice in case of an emergency), and without waiving or releasing Tenant from any obligation of Tenant contained in this Lease, may after due notice (but shall be under no obligation to, or demand upon, ): (i) pay any Tax payable by Tenant and subject pursuant to the limitations set forth belowprovisions of Section 7 hereof; or (ii) take out, pay for and maintain any of the insurance policies provided for in Section 14 hereof; or (iii) make any payment other payments or perform any other act on the Tenant's part of Tenant to be made and or performed as provided in this Lease provided, in or under the Mortgage; and may enter upon the Leased Premises for any such manner and to such extent as Landlord may reasonably deem desirablepurpose, and in exercising any take all such rights, Landlord action thereon as may pay be reasonably necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease contained. therefor. (b) All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses incurred by Landlord in connection with the performance of any such act act, together with interest thereon at the Default Rate from the respective dates of Landlord's making of each such payment or incurring of each such cost and expense, shall be paid by Landlord shall, except as otherwise in this Lease expressly provided, be payable Tenant to Landlord on demand, and Tenant covenants to pay any such sum or sums promptlydemand as Additional Rent hereunder, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies not be limited in the event proof of any damages which Landlord may claim against Tenant arising out of or by reason of Tenant's failure to provide and keep in force insurance as aforesaid to the amount of the non-payment thereof insurance premium or premiums not paid or incurred by Tenant and which would have been payable upon such insurance, but Landlord shall also be entitled to recover as damages for such breach the uninsured amount of any loss, to the extent of any deficiency in the case minimum amount of default insurance required by the provisions of this lease, and damages, costs and expenses of suit suffered or incurred by reason of damage to, or destruction of, the Improvements occurring during any period when Tenant shall have failed or neglected to provide such insurance. Upon the expiration of this lease, the unearned premiums upon any such insurance policies lodged with Landlord by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to apportioned unless an Event of Default shall have given “due notice” occurred and may proceed as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be requiredcontinuing.

Landlord’s Right to Perform Tenant’s Covenants. Tenant covenants and agrees thatIf an Event of Default shall occur, if it shall at any time fail to make any payment or perform any other act on its part to be made or performed as in this Lease provided, then Landlord, in its sole discretion may after due notice to, or demand upon, Tenant and subject to the limitations set forth belowTenant, make any payment or perform any other act on the part of Tenant to be made and performed as in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rights, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease contained. All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses in connection with the performance of any such act by Landlord shall, except as otherwise in this Lease expressly provided, be payable to Landlord on demand, and Tenant covenants to pay any such sum or sums promptly, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 ten days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “due notice” and may proceed as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements Legal Requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be required.

Landlord’s Right to Perform Tenant’s Covenants. Section 21.01. If Tenant covenants and agrees that, if it shall at any time fail shall be in Default, after notice thereof and after applicable grace periods, if any, provided under this Lease for Tenant or a Mortgagee, respectively, to make cure or commence to cure same, Landlord, without waiving or releasing Tenant from any payment or perform any other act on its part to be made or performed as obligation of Tenant contained in this Lease providedLease, then Landlord, in its sole discretion may after due notice (but shall be under no obligation to, or demand upon, Tenant and subject to the limitations set forth below, make any payment or ) perform any other act such obligation on the part of Tenant to be made and performed as in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rights, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease containedTenant's behalf. Section 21.02. All reasonable sums so paid by Landlord and all reasonably necessary and incidental reasonable costs and expenses expenses, including, without limitation, reasonable attorneys' fees and disbursements, incurred by Landlord in connection with the its performance of any obligation pursuant to Section 21.01, together with interest thereon at the Involuntary Rate from the respective dates of Landlord's making of each such act payment or incurring of each such sum, cost, expense, charge, payment or deposit until the date of actual repayment to Landlord, shall be paid by Landlord shall, except as otherwise in this Lease expressly provided, be payable Tenant to Landlord on demand, and Tenant covenants to pay any such sum or sums promptly, and within ten (10) days after Landlord shall have (submitted to Tenant a statement, in addition reasonable detail, substantiating the amount demanded by Landlord. Any payment or performance by Landlord pursuant to any other right Section 21.01 shall not be nor be deemed to be a waiver or remedy release of Landlord) the same rights and remedies in the event breach or Default of Tenant with respect thereto or of the non-payment thereof by Tenant as in the case right of default by Tenant in the payment of the Base Rent. Whenever practicableLandlord to terminate this Lease, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant institute summary proceedings or take such length of time other action as may be reasonable permissible hereunder or otherwise provided at law or in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 days from the giving equity if an Event of notice, to remedy the failure itself and, if Default by Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “due notice” and may proceed as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be requiredoccurred.

Landlord’s Right to Perform Tenant’s Covenants. Without limiting or waiving any other rights and remedies of Landlord hereunder, if Landlord determines that the Tenant is not adequately performing or has failed to perform any of its obligations, covenants or agreements contained in this Lease and such inadequacy or failure is not cured within any applicable grace or cure period, or if any action or proceeding of any kind (including, but not limited to, any bankruptcy, insolvency, arrangement), then Landlord may, at its option, with or without notice to Tenant, make any appearances, disburse or advance any sums and take any actions as may be necessary or desirable to remedy the failure of Tenant to perform its covenants and agreements. Tenant agrees thatto pay on demand all expenses of Landlord reasonably incurred with respect to the foregoing (including, if it but not limited to, fees and disbursements of counsel), together with interest thereon at the Interest Rate from and after the date on which Landlord incurs such expenses until reimbursement thereof by Tenant. Any such expenses so incurred by Landlord, together with interest thereon shall be additional rent hereunder. The necessity for any such actions and of the amounts to be paid shall be determined by Landlord in its reasonable discretion. Landlord is hereby empowered to enter and to authorize others to enter upon the Property or any part thereof for the purpose of performing or observing any such defaulted term, covenant or condition without thereby becoming liable to Tenant or any person in possession holding under Tenant. Tenant hereby acknowledges and agrees that the remedies set forth in this Article 12 shall be exercisable by Landlord, and any payments made or costs or expenses incurred by Landlord in connection therewith shall be, immediately repaid by Tenant with interest thereon at the Interest Rate, notwithstanding the fact that such remedies were exercised and such payments made and costs incurred by Landlord after the filing by Tenant of a voluntary case or the filing against Tenant of an involuntary case pursuant to or within the meaning of the Bankruptcy Reform Act of 1978, as amended (the “Act”), Title 11 U.S.C., or after any similar action. In furtherance and not in limitation of the foregoing, Tenant shall at any time fail to pay any Tax pursuant to the provisions of Article 3 hereof, or to take out, pay for, maintain or deliver any of the insurance provided for in Article 10 hereof, or shall fail to make any other payment or perform under this Lease, then Landlord may, without waiving or releasing Tenant from any obligations of Tenant in this Lease contained, pay any such Tax, effect any such insurance coverage and pay premiums therefor, and make any other payment or perform any other act on its part which Tenant is obligated to be made or performed as in perform under this Lease provided, then Landlord, in its sole discretion may after due notice to, or demand upon, Tenant and subject to the limitations set forth below, make any payment or perform any other act on the part of Tenant to be made and performed as in this Lease providedLease, in such manner and to such extent as Landlord may reasonably shall, in its sole discretion, deem desirable, and in necessary. In exercising any such rights, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay expenses including reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease contained. All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses in connection with the performance of any such act by Landlord shallLandlord, except as otherwise in this Lease expressly providedincluding Landlord’s reasonably incurred attorney’s fees and disbursements together with interest thereon at the Interest Rate, shall be payable by Tenant to Landlord on demand, and Tenant covenants to pay any such sum or sums promptly, and . Landlord shall have (in addition no obligation to any other right or remedy of Landlord) the same rights perform on Tenant’s behalf and remedies in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which if Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so alloweddoes so, Landlord shall not be deemed to have given “due notice” and may proceed as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice liable to Tenant in case of for any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be requireddamage resulting from its actions.

Landlord’s Right to Perform Tenant’s Covenants. If Tenant covenants and agrees that, if it shall at any time fail to make any payment or perform any other act on its part to be made or performed as in this Lease provided, then Landlord, in its sole discretion may after due notice to, or demand upon, Tenant and subject to the limitations set forth belowTenant, make any payment or perform any other act on the part of Tenant to be made and performed as in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rights, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease contained. All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses in connection with the performance of any such act by Landlord shall, except as otherwise in this Lease expressly provided, be payable to Landlord on demand, and Tenant covenants to pay any such sum or sums promptly, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 ten days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “due notice” and may proceed as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements Legal Requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be required.

Landlord’s Right to Perform Tenant’s Covenants. Tenant covenants and agrees that, if it shall at any time fail to make any payment or perform any other act on its part to be made or performed as in this Lease provided, then Landlord, in its sole discretion may after due notice to, or demand upon, Tenant and subject to the limitations set forth belowTenant, make any payment or perform any other act on the part of Tenant to be made and performed as in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rights, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ ' fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease contained. All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses in connection with the performance of any such act by Landlord shall, except as otherwise in this Lease expressly provided, be payable to Landlord on demand, and Tenant covenants to pay any such sum or sums promptly, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 ten (10) days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “"due notice” " and may proceed as provided in this Section 12.4; provided provided, however, that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be required.

Landlord’s Right to Perform Tenant’s Covenants. Tenant covenants and agrees that, that if it Tenant shall at any time fail to make pay any payment amount then required to be paid by it under this Lease (including any imposition pursuant to the provisions of Section 6 hereof), or if Tenant shall fail to perform any other act covenant or agreement on its Tenant’s part required to be made or performed as in this Lease providedperformed, then Landlord, in its sole discretion may after due ten (10) days’ written notice to, or to and demand upon, upon Tenant and subject to the limitations set forth below, make any payment or perform any other act on the part of Tenant to be made and performed as in this Lease provided, in which is not complied with during such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rightsperiod, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article (but shall not waivebe obligated to do so), without waiving or release releasing Tenant from, from any of the obligations of Tenant under this Lease, pay any such imposition or other sum or perform or pay others to perform such other covenant or agreement, provided that Landlord shall not be required to give said prior written notice to Tenant in this Lease containedthe case of repairs to the Leased Premises which must be made immediately to prevent or limit damage to the Leased Premises and which Tenant does not make upon demand by Landlord. All sums so paid by Landlord shall be deemed additional rent hereunder and all reasonably necessary and incidental costs and expenses in connection with the performance of any such act by Landlord shall, except as otherwise in this Lease expressly provided, shall be payable to Landlord on demand, and or at the option of Landlord may be added to any rent then due or thereafter becoming due under this Lease. Tenant covenants to pay or cause to be paid to Landlord any such sum or sums promptly, with interest thereon at the rate of eighteen (18%) per cent per annum from the date of payment by Landlord; and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “due notice” and may proceed as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be requiredrent.

Landlord’s Right to Perform Tenant’s Covenants. 21.01 If Tenant covenants and agrees that, if it shall at any time shall fail to make pay any payment Imposition in accordance with the provisions hereof, or to take out, pay any insurance premiums for, maintain or deliver any of the insurance policies in the manner provided for herein, or shall fail to pay any Rental hereunder as and when due, or perform any other act on its part required to be made or performed hereunder, then at any time after furnishing five (5) days prior notice to Tenant t, Landlord, without waiving or releasing Tenant from any obligation of Tenant contained in this Lease or waiving or releasing any rights of Landlord hereunder, at law or in equity, may (but shall be under no obligation to) pay any Imposition, insurance premium, item of Rental or any other sums, costs, expenses, charges, payments or deposits payable by Tenant hereunder, or perform any other act on Tenant's part required to be made or performed as provided in this Lease provided, then Landlord, in its sole discretion may after due notice to, or demand upon, Tenant and subject to the limitations set forth below, make any payment or perform any other act on the part of Tenant to be made and performed as in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirableLease, and in exercising any may enter upon the Premises for such rights, Landlord purpose and take all such action thereon as may pay be necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease contained. therefor. 21.02 All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses incurred by Landlord in connection with the performance of any such act obligation, together with interest thereon at the Late Charge Rate from the respective dates of Landlord's making of each such payment or incurring of each such sum, cost, liability, expense, charge, payment or deposit until the date of actual repayment to Landlord, shall be paid by Landlord shall, except as otherwise in this Lease expressly provided, be payable Tenant to Landlord on demand, and demand as Rental. Any payment or performance by Landlord pursuant to the foregoing provisions of this Article 21 shall not be nor be deemed to be a waiver or release of breach or default of Tenant covenants to pay any such sum with respect thereto or sums promptly, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case right of default by Tenant in the payment of the Base Rent. Whenever practicableLandlord to terminate this Lease, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant institute summary proceedings and/or take such length of time other action as may be reasonable permissible hereunder, at law or in equity if an Event of Default by Tenant shall have occurred. Landlord shall not be limited in the circumstances, consistent with proof of any grace periods contained hereindamages which Landlord may claim against Tenant arising out of or by reason of Tenant's failure to provide and keep insurance in force as aforesaid to the amount of the insurance premium or premiums not paid, but not exceeding 30 days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord also shall be deemed entitled to have given “due notice” and may proceed recover, as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case damages for such breach, the uninsured amount of any emergency wherein there is danger loss and damage and the costs and expenses of suit, including, without limitation, reasonable attorneys' fees and disbursements, suffered or incurred by reason of damage to property or person destruction of the Premises or where there may exist any violation of legal requirements including but not limited part thereof, which damage or destruction was required to the presence of Hazardous Materials, in which event no notice shall be requiredinsured against hereunder.

Landlord’s Right to Perform Tenant’s Covenants. Tenant covenants and agrees that, if it shall at any time fail to make any payment or perform any other act on its part to be made or performed as in this Lease provided, then Landlord, in its sole discretion may after due notice to, or demand upon, Tenant and subject to the limitations set forth belowTenant, make any payment or perform any other act on the part of Tenant to be made and performed as in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rights, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease contained. All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses in connection with the performance of any such act by Landlord shall, except as otherwise in this Lease expressly provided, be payable to Landlord on demand, and 30 days after submission by Landlord to Tenant covenants to pay any of an invoice therefor together with such sum or sums promptlydocumentation as Tenant shall reasonably require showing the actual costs incurred by Landlord, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4Section, shall give Tenant notice in writing of the failure of Tenant which that Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “due notice” and may proceed as provided in this Section 12.4Section; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements Legal Requirements including but not limited to the presence of Hazardous Materials, in which event no prior notice shall be required.

Landlord’s Right to Perform Tenant’s Covenants. Tenant covenants and agrees that, that if it shall at any time fail is in Default of its obligation to make any payment or in Default of its obligation to perform any other act on its part to be made or performed as provided in this Lease providedLease, then LandlordLandlord may, but shall not be obligated, so to do, and (i) without notice to or demand upon Tenant in its sole discretion may after due notice tothe event of emergency or to prevent any sale, forfeiture, foreclose or damage to the Premises, or demand upon(ii) otherwise after ten (10) days additional written notice to Tenant, and in any event without waiving or releasing Tenant and subject to the limitations set forth belowfrom any obligations of Tenant contained in this Lease, make any payment or perform any other act on the part of Tenant to be made and performed as provided in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rights, Landlord may rights to pay necessary and incidental costs and expenses, expenses may employ counsel, counsel and incur and pay reasonable attorneys’ attorney’s fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease contained. All reasonable sums so paid by Landlord and all reasonably reasonable and necessary and incidental costs and expenses in connection with the performance of any such act by Landlord shallLandlord, together with interest thereon at the Default Rate from the date of the making of such expenditure by Landlord, shall be deemed Additional Rent hereof and, except as otherwise expressly provided in this Lease expressly providedLease, shall be payable to Landlord on demanddemand or at the option of Landlord may be added to any Rent then due or thereafter becoming due under this Lease, and Tenant covenants to pay any such sum or sums promptlysums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case of default a failure by Tenant in the payment of the Base to pay Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “due notice” and may proceed as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be required.

Landlord’s Right to Perform Tenant’s Covenants. Tenant covenants Section 8.01. In addition to any other rights and agrees thatremedies available to Landlord, and not in substitution or derogation thereof, if it shall at any time fail Tenant fails to make any payment or perform any other act on its part to be made or performed within the time permitted by this Lease, then, after the occurrence of an Event of Default and ten (10) days' written notice to Tenant (or in case of emergency which would result in imminent danger to persons or property or other like circumstances, on such shorter notice or without notice, as in this Lease providedeach such case is reasonable under the circumstances) without waiving or releasing Tenant from any obligation and without assuming any liability to Tenant or anyone else, then Landlord, in its sole discretion Landlord may after due notice (but shall not be required to, or demand upon, Tenant and subject to the limitations set forth below, ) make any such payment or perform any other such act on Tenant's part, unless Tenant has paid such amount during the notice period or commenced to perform such act on Tenant's part of Tenant to be made and performed as in this Lease provided, in such manner and to such extent as performed. Landlord may reasonably deem desirable, enter any applicable portion of the Demised Premises for such purpose and in exercising any such rights, Landlord take all actions as may pay be necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease containedappropriate. Section 8.02. All sums so paid by Landlord and all reasonably necessary and incidental payments, costs and expenses incurred by Landlord in connection with the performance of any such act act, together with interest thereon at the lower of either twelve and three-quarters percent (12 3/4%) per annum or the maximum legal rate permitted by Landlord shallapplicable law, except as otherwise in accruing from the respective dates of Landlord's making of each such payment or incurring of each such cost or expense) shall constitute additional rent payable by Tenant under this Lease expressly provided, and shall be payable paid by Tenant to Landlord on demand, and Tenant covenants . As to pay any such sum or sums promptly, and Landlord shall have (in addition failure to any other right or remedy of Landlord) comply with the same rights and remedies in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided insurance provisions in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowedLease, Landlord shall not be deemed to have given “due notice” and may proceed as provided limited, in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case the proof of any emergency wherein there is danger damages which Landlord may claim against Tenant arising out of or by reason of Tenant's failure to property or person or where there may exist any violation of legal requirements including but not limited provide and keep in force insurance required by this Lease, to the presence amount of Hazardous Materialsthe insurance premiums not paid or incurred by Tenant and which would have been payable upon obtaining such insurance, but Landlord shall also be entitled to recover as damages the uninsured amount of any loss (to the extent of any deficiency in which event no notice the amount or type of insurance coverage required by the provisions of this Lease), and the damages, costs and expenses of suit, including reasonable attorneys' fees, suffered or incurred by reason of damage to, or destruction of, the Demised Premises, occurring during any period when Tenant shall be requiredhave failed or neglected to provide insurance as aforesaid.