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

Landlord’s Right to Perform Tenant’s Covenants. 7.1 Subject to the rights of the Permitted Leasehold Mortgagees contained in Section 17 below, if Tenant at any time fails to pay any Tax in accordance with the provisions of this Lease or fails to make any other payment or perform any other act on its part to be made or performed (beyond any applicable notice and cure period), then Landlord, after 10 days’ 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 or from any default by Tenant and without waiving Landlord’s right to take such action as may be permissible under this Lease as a result of such default, may (but shall be under no obligation to): 7.1.1 Pay any Tax payable by Tenant pursuant to the provisions of this Lease; or 7.1.2 Make any other payment or perform any other act on Tenant’s part to be made or performed as provided in this Lease, and may enter the Premises and the Improvements for any such purpose, and take all such action, as may be necessary. 7.2 All sums so paid by Landlord and all costs and expenses incurred by Landlord, including reasonable attorney fees, in connection with the performance of any such act, together with, if Tenant does not pay the same within the 30-day period after notice from Landlord, interest from the date such cost or expense is incurred or paid by Landlord until such amount is paid by Tenant, at the annual rate of 12%, shall constitute Additional Rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand.

Landlord’s Right to Perform Tenant’s Covenants. 7.1 Subject to the rights of the Permitted Leasehold Mortgagees contained in Section 17 below, Tenant agrees that if Tenant at any time fails to pay any Tax in accordance with the provisions of amount then required to be paid by Tenant under this Lease Lease, or if Tenant fails to make any other payment or perform any other act covenant or agreement on its Tenant's part required to be made or performed performed, then after thirty (beyond any applicable 30) days' written notice to and cure demand upon Tenant which is not complied with during such 30-day period, Landlord may (but shall not be obligated to do so), then Landlord, after 10 days’ notice to Tenant (or without notice in case of an emergency) and without waiving or releasing Tenant from any obligation of the obligations of Tenant contained in this Lease or from any default by Tenant and without waiving Landlord’s right to take such action as may be permissible under this Lease as a result of such default, may (but shall be under no obligation to): 7.1.1 Pay any Tax payable by Tenant pursuant to the provisions of this Lease; or 7.1.2 Make any other payment or perform any other act on Tenant’s part to be made or performed as provided in 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 have no such rights to pay or perform Tenant's obligations under this Section 10.3 if Tenant's failure cannot reasonably be cured within such thirty (30) day period and may enter if Tenant is diligently attempting to cure same, and provided that Landlord shall not be required to give prior written notice to Tenant in the case of repairs to the Leased Premises which must be made immediately to prevent or limit damage to the Leased Premises and the Improvements for any such purpose, and take all such action, as may be necessary. 7.2 which Tenant does not make upon demand by Landlord. All sums so paid by Landlord and all costs and expenses incurred by Landlord, including reasonable attorney fees, in connection with the performance of any such act, together with, if Tenant does not pay the same within the 30-day period after notice from Landlord, interest from the date such cost or expense is incurred or paid by Landlord until such amount is paid by Tenant, at the annual rate of 12%, shall constitute Additional Rent payable by Tenant under this Lease be deemed additional rent hereunder and shall be paid by Tenant payable to Landlord on demand, or at the option of Landlord may be added to any rent then due or thereafter becoming due under this Lease.

Landlord’s Right to Perform Tenant’s Covenants. 7.1 Subject to the rights of the Permitted Leasehold Mortgagees contained in Section 17 below, if If Tenant shall at any time fails to pay any Tax in accordance with the provisions of this Lease or fails fail to make any other payment or perform any other act on its part to be made or performed (beyond any applicable notice and cure period)hereunder, then Landlord, after 10 days’ 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 or from any default by Tenant and without waiving Landlord’s right to take such action as may be permissible under this Lease as a result of such defaultLease, may (but shall be under no obligation to): 7.1.1 Pay at its option pay any Tax payable by Tenant pursuant to the provisions of this Lease; or 7.1.2 Make any other payment sum or perform any other act on Tenant’s part to be made paid or performed as provided in this Leaseherein, and may enter upon the Demised Premises and the Improvements for any such purpose, purpose and take all such action, any action thereon as may be necessary. 7.2 All sums so paid necessary to cure such failure. The amount of any payment made or expense incurred by Landlord and all costs and expenses incurred by Landlord, including reasonable attorney fees, in connection with the performance of any such actforegoing, together with, if Tenant does not pay with interest thereon at the same within the 30-day period after notice from Landlord, interest Default Rate from the date such cost or expense is incurred or paid by Landlord until such amount is paid by Tenant, at the annual rate of 12%payment, shall constitute Additional Rent payable by Tenant under this Lease additional rent and shall be paid by Tenant to Landlord on demand. Notwithstanding the foregoing, Landlord may not, except in the case of an emergency, exercise any rights pursuant to this Paragraph 13, except upon thirty (30) days’ prior written notice to Tenant. In the event Tenant fails to pay Taxes or any other sum which Tenant is required by the terms of this Lease to pay, and Landlord, in its absolute discretion elects to pay such sum on behalf of Tenant, Tenant shall pay to Landlord, as additional rent hereunder, within fifteen (15) days of demand therefor, the amount of such payment, together with interest at the Default Rate, from the date of such payment by Landlord until the date Tenant pays such sums to Landlord.

Landlord’s Right to Perform Tenant’s Covenants. 7.1 Subject If Tenant shall fail to the rights of the Permitted Leasehold Mortgagees contained in Section 17 below, if Tenant at any time fails to timely pay any Tax sum in accordance with the provisions of this Lease Lease, or fails shall fail to make any other payment or perform any other act on its part to be made or performed performed, then Landlord shall have the right (beyond any applicable notice and cure periodbut not the obligation), then Landlord, after 10 upon not less than fifteen (15) days’ prior written notice to Tenant following any other grace period or extensions allowed in this Lease (or without notice in case of an emergency, with only such notice as may be reasonable under the circumstances) and without waiving Waiving or releasing Tenant from any obligation of Tenant contained in this Lease or from (a) to pay any default by Tenant and without waiving Landlord’s right to take such action as may be permissible under this Lease as a result of such default, may (but shall be under no obligation to): 7.1.1 Pay any Tax sum payable by Tenant pursuant to the provisions of this Lease; or 7.1.2 Make Lease or (b) to make any other payment or perform any other act on Tenant’s part to be made or performed as provided in this LeaseLease provided, and Landlord may enter upon the Premises and the Improvements for any such purpose, purpose and take all such action, action as may be necessary. 7.2 Landlord deems necessary in connection therewith. All sums so paid by Landlord and all costs and expenses incurred by Landlordexpenses, including reasonable attorney attorneys’ fees, incurred by Landlord in connection with the performance of any such act, together with, if Tenant does not pay the same within the 30-day period after notice from Landlord, interest from the date such cost or expense is incurred or paid by Landlord until such amount is paid by Tenant, at the annual rate of 12%, shall constitute Additional Rent payable by Tenant under this Lease and act shall be paid by Tenant to Landlord on within thirty (30) days after written demand, 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, including reasonable attorney’s fees, until repaid by Tenant in full.

Landlord’s Right to Perform Tenant’s Covenants. 7.1 Subject to 12.01. Unless being contested in accordance with the rights terms of this Lease, so long as, after any applicable grace and/or notice period but without notice or grace in the Permitted Leasehold Mortgagees contained in Section 17 belowcase of an emergency, if Tenant shall at any time fails fail to pay any Tax Imposition in accordance with the provisions of this Lease Article 4 hereof or fails to take out, pay for, maintain or deliver any of the insurance policies provided for in Article 5 or Article 9 hereof, or shall fail to make any other payment or perform any other act on its part to be made or performed under this Lease, or shall fail to correct any Event of Default under this Lease (beyond any applicable notice and cure periodhereinafter referred to as "Breaches"), then Landlord, after 10 days’ notice or any mortgagee of Landlord relating to Tenant (or the Property, without notice in case of an emergency) and without thereby waiving such Breach or releasing Tenant from any obligation of Tenant contained in this Lease or from any default Lease, may (but shall not be obligated to), perform the same for the account of and with the expense thereof to be paid by Tenant Tenant, and without waiving Landlord’s right to take such action as may be permissible under this Lease as a result of such default, may (but shall be under no obligation to): 7.1.1 Pay any Tax payable by Tenant pursuant to ) enter upon the provisions of this Lease; or 7.1.2 Make any other payment or perform any other act on Tenant’s part to be made or performed as provided in this Lease, and may enter the Premises and the Improvements Property for any such purpose, purpose and take all such actionaction thereon, as may be necessarynecessary therefor. 7.2 12.02. All sums so paid by Landlord or any such mortgagee pursuant to Section 12.01 above and all costs and expenses expenses, including, without limitation, all reasonable legal fees and disbursements incurred by Landlord, including reasonable attorney fees, Landlord or any fee mortgagee in connection with the performance of any such actact pursuant to Section 12.01 above, together with, if Tenant does not pay with a fee equal to fifteen (15%) percent of the same within the 30-day period after notice from Landlord, interest from the date such cost or expense is and expenses incurred or paid by Landlord until or such amount is paid by Tenant, at the annual rate of 12%, mortgagee shall constitute Additional Rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord or such fee mortgagee immediately on demand, subject to Landlord's delivery of an itemized description of costs and expenses.