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

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. (a) Without limiting the rights and remedies of Landlord contained in Sections 20.2 and 20.3 above, if Tenant shall be in default in the performance of any of the terms, provisions, covenants or conditions to be performed or complied with by Tenant pursuant to this Lease, then Landlord may at Landlord’s option, without any obligation to do so, and without notice to Tenant perform any such term, provision, covenant, or condition, or make any such payment and Landlord by reason of so doing shall not be liable or responsible for any loss or damage thereby sustained by Tenant or anyone holding under or through Tenant or any of Tenant’s Agents. (b) Without limiting the rights of Landlord under Sections 20.2 and 20.3 above, Landlord shall have the right at Landlord’s option, without any obligation to do so, to perform any of Tenant’s covenants or obligations under this Lease without notice to Tenant in the case of an emergency, as determined by Landlord in its sole and absolute judgment, or if Landlord determines, in its sole and absolute judgment, that such action is necessary or desirable to avoid imminent harm to the Premises or any persons. (c) If Landlord performs any of Tenant’s obligations hereunder in accordance with this Section 20.4, the full amount of the cost and expense incurred or the payment so made or the amount of the loss so sustained shall immediately be owing by Tenant to Landlord, and Tenant shall promptly pay to Landlord upon demand, as Additional Charges, the full amount thereof with interest thereon from the date of payment by Landlord at the lower of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable law.

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. (a) Without limiting the rights and remedies of Landlord contained in Sections 20.2 and 20.3 Paragraph 25 above, if Tenant shall be in default Default in the performance of any of the terms, provisions, covenants or conditions to be performed or complied with by Tenant pursuant to this Lease, then Landlord may at Landlord’s option, without any obligation to do so, and without notice to Tenant perform any such term, provision, covenant, or condition, or make any such payment and Landlord by reason of so doing shall not be liable or responsible for any loss or damage thereby sustained by Tenant or anyone holding under or through Tenant or any of Tenant’s Agents. (b) Without limiting the rights of Landlord under Sections 20.2 and 20.3 Paragraph 26(a) above, Landlord shall have the right at Landlord’s option, without any obligation to do so, to perform any of Tenant’s covenants or obligations under this Lease without notice to Tenant in the case of an emergency, as determined by Landlord in its sole and absolute judgment, or if Landlord determines, otherwise determines in its sole and absolute judgment, discretion that such action performance is necessary or desirable to avoid imminent harm to for the Premises proper management and operation of the Building or any personsthe Project or for the preservation of the rights and interests or safety of other tenants of the Building or the Project. (c) If Landlord performs any of Tenant’s obligations hereunder in accordance with this Section 20.4Paragraph 26, the full amount of the cost and expense incurred or the payment so made or the amount of the loss so sustained shall immediately be owing by Tenant to Landlord, and Tenant shall promptly pay to Landlord upon demand, as Additional ChargesRent, the full amount thereof with interest thereon from the date of payment by Landlord at the lower of (i) ten twelve percent (1012%) per annum, or (ii) the highest rate permitted by applicable law.

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. (a) Without limiting In the rights and remedies of Landlord contained in Sections 20.2 and 20.3 above, if event Tenant shall be in default in the performance of fail to maintain any of the terms, provisions, covenants or conditions insurance required to be performed paid by it under the terms hereof, or complied with by Tenant pursuant to this Leasein an Emergency Situation or upon occurrence of an Event of Default, then Landlord may at Landlord’s option, without any obligation (but shall not be obligated so to do sodo), and without notice to waiving or releasing Tenant from any obligation of Tenant hereunder, make any payment or perform any other act which Tenant is obligated to make or perform under this Lease in such term, provision, covenant, or condition, or make any manner and to such payment extent as Landlord may deem desirable; and Landlord by reason of in so doing shall not be liable or responsible for any loss or damage thereby sustained by Tenant or anyone holding under or through Tenant or any of Tenant’s Agents. (b) Without limiting the rights of Landlord under Sections 20.2 and 20.3 above, Landlord shall also have the right at Landlord’s option, without any obligation to do so, to perform any of Tenant’s covenants or obligations under this Lease without notice to Tenant in the case of an emergency, as determined by Landlord in its sole and absolute judgment, or if Landlord determines, in its sole and absolute judgment, that such action is necessary or desirable to avoid imminent harm to enter upon the Premises for any purpose reasonably necessary in connection therewith and to pay or incur any persons. (c) If Landlord performs any of Tenant’s obligations hereunder in accordance with this Section 20.4other necessary and incidental costs and expenses, the full amount of the cost including reasonable attorneys' fees. All sums so paid and expense all liabilities so incurred or the payment so made or the amount of the loss so sustained shall immediately be owing by Tenant to Landlord, and Tenant shall promptly pay to Landlord upon demand, as Additional Charges, the full amount thereof together with interest thereon from the date of payment by Landlord at the lower rate per annum which is the lesser of (i) ten percent (10%) per annum, the Lease Interest Rate or (ii) the highest rate permitted by applicable lawlaw shall be deemed Additional Rent hereunder and shall be payable to Landlord upon demand as Additional Rent. Landlord shall use reasonable efforts to give prior notice (which may be oral) of its performance, if reasonably feasible under the circumstances. The performance of any such obligation by Landlord shall not constitute a waiver of Tenant's default in failing to perform the same. Inaction of Landlord shall never be considered as a waiver of any right accruing to it pursuant to this Lease. Landlord, in making any payment hereby authorized: (a) relating to Taxes, may do so according to any bill, xxatement or estimate, without inquiry into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof; (b) for the discharge, compromise or settlement of any lien, may do so without inquiry as to the validity or amount of any claim for lien which may be asserted; or (c) in connection with the completion of construction of improvements to the Premises or the repair, maintenance or the payment of operating costs thereof, may do so in such amounts and to such persons as Landlord reasonably may deem appropriate. Nothing contained herein shall be construed to require Landlord to advance monies for any purpose. Landlord shall not in any event be liable for inconvenience, annoyance, disturbance, loss of business or other damage of Tenant or any other occupant of the Premises or any part thereof, by reason of making repairs or the performance of any work on the Premises or on account of bringing materials, supplies and equipment into or through the Premises during the course thereof and the obligations of Tenant under this Lease shall not thereby be affected in any manner. In doing so, however, Landlord shall use reasonable efforts not to interfere with the normal operation of the Premises. The term "EMERGENCY SITUATION" shall mean a situation which has caused or is likely to cause bodily injury to persons, contamination of or physical damage to the Premises or adjoining property or economic liability or criminal jeopardy to Landlord.

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. (a) Without limiting the rights and remedies of Landlord contained in Sections 20.2 and 20.3 Paragraph 25 above, if Tenant shall be in default Default in the performance of any of the terms, provisions, covenants or conditions to be performed or complied with by Tenant pursuant to this Lease, then Landlord may at Landlord’s option, without any obligation to do so, and without notice to Tenant perform any such term, provision, covenant, or condition, or make any such payment and Landlord by reason of so doing shall not be liable or responsible for any loss or damage thereby sustained by Tenant or anyone holding under or through Tenant or any of Tenant’s Agents. (b) Without limiting the rights of Landlord under Sections 20.2 and 20.3 Paragraph 26(a) above, Landlord shall have the right at Landlord’s option, without any obligation to do so, to perform any of Tenant’s covenants or obligations under this Lease without notice to Tenant in the case of an emergency, as determined by Landlord in its sole and absolute judgment, or if Landlord determines, otherwise determines in its sole and absolute judgment, discretion that such action performance is necessary or desirable to avoid imminent harm to for the Premises proper management and operation of the Building or any personsthe Project or for the preservation of the rights and interests or safety of other tenants of the Building or the Project. (c) If Landlord performs any of Tenant’s obligations hereunder in accordance with this Section 20.4Paragraph 26, the full amount of the cost and expense incurred or the payment so made or the amount of the loss so sustained shall immediately be owing by Tenant to Landlord, and Tenant shall promptly pay to Landlord upon demand, as Additional ChargesRent, the full amount thereof with interest thereon from the date of payment by Landlord at the lower of (i1) ten percent (10%) per annum, or (ii2) the highest rate permitted by applicable law.

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. (a) Without limiting the rights and remedies of Landlord contained in Sections 20.2 and 20.3 Paragraph 25 above, if Tenant shall be in default Default in the performance of any of the terms, provisions, covenants or conditions to be performed or complied with by Tenant pursuant to this Lease, then Landlord may at Landlord’s option, without any obligation to do so, and without notice to Tenant perform any such term, provision, covenant, or condition, or make any such payment and Landlord by reason of so doing shall not be liable or responsible for any loss or damage thereby sustained by Tenant or anyone holding under or through Tenant or any of Tenant’s AgentsTenant Parties. (b) Without limiting the rights of Landlord under Sections 20.2 and 20.3 Paragraph 26(a) above, Landlord shall have the right at Landlord’s option, without any obligation to do so, to perform any of Tenant’s covenants or obligations under this Lease without notice to Tenant in the case of an emergency, as determined by Landlord in its sole and absolute judgment, or if Landlord determines, otherwise determines in its sole and absolute judgment, discretion that such action performance is necessary or desirable to avoid imminent harm to for the Premises proper management and operation of the Building or any personsthe Project. (c) If Landlord performs any of Tenant’s obligations hereunder in accordance with this Section 20.4Paragraph 26, the full amount of the cost and expense incurred or the payment so made or the amount of the loss so sustained shall immediately be owing by Tenant to Landlord, and Tenant shall promptly pay to Landlord upon demand, as Additional ChargesRent, the full amount thereof with interest thereon from the date of payment by Landlord at the lower of (i) ten twelve percent (1012%) per annum, or (ii) the highest rate permitted by applicable law.

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. (a) Without limiting the rights and remedies of Landlord contained in Sections 20.2 and 20.3 Paragraph 26 above, if Tenant shall be in default Default in the performance of any of the terms, provisions, covenants or conditions to be performed or complied with by Tenant pursuant to this Lease, then Landlord may at Landlord’s option, without any obligation to do so, and without notice to Tenant perform any such term, provision, covenant, or condition, or make any such payment and Landlord by reason of so doing shall not be liable or responsible for any loss or damage thereby sustained by Tenant or anyone holding under or through Tenant or any of Tenant’s Agents. (b) Without limiting the rights of Landlord under Sections 20.2 and 20.3 Paragraph 27(a) above, Landlord shall have the right at Landlord’s option, without any obligation to do so, to perform any of Tenant’s covenants or obligations under this Lease without notice to Tenant in the case of an emergency, as determined by Landlord in its sole and absolute judgment, or if Landlord determines, otherwise determines in its sole and absolute judgment, discretion that such action performance is necessary or desirable to avoid imminent harm to for the Premises proper management and operation of the Building or any personsthe Project or for the preservation of the rights and interests or safety of other tenants of the Building or the Project. (c) If Landlord performs any of Tenant’s obligations hereunder in accordance with this Section 20.4Paragraph 27, the full amount of the cost and expense incurred or the payment so made or the amount of the loss so sustained shall immediately be owing by Tenant to Landlord, and Tenant shall promptly pay to Landlord upon demand, as Additional ChargesRent, the full amount thereof with interest thereon from the date of payment by Landlord at the lower of (i1) ten percent (10%) per annum, or (ii2) the highest rate permitted by applicable law.

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. (a) Without limiting the rights and remedies of Landlord contained in Sections 20.2 and 20.3 Paragraph 25 above, if Tenant shall be in default Default in the performance of any of the terms, provisions, covenants or conditions to be performed or complied with by Tenant pursuant to this Lease, then Landlord may at Landlord’s 's option, without any obligation to do so, and without notice to Tenant perform any such term, provision, covenant, or condition, or make any such payment and Landlord by reason of so doing shall not be liable or responsible for any loss or damage thereby sustained by Tenant or anyone holding under or through Tenant or any of Tenant’s 's Agents. (b) Without limiting the rights of Landlord under Sections 20.2 and 20.3 Paragraph 26(a) above, Landlord shall have the right at Landlord’s 's option, without any obligation to do so, to perform any of Tenant’s 's covenants or obligations under this Lease without notice to Tenant in the case of an emergency, as determined by Landlord in its sole and absolute judgment, or if Landlord determines, otherwise determines in its sole and absolute judgment, discretion that such action performance is necessary or desirable to avoid imminent harm to for the Premises proper management and operation of the Building or any personsthe Project or for the preservation of the rights and interests or safety of other tenants of the Building or the Project. (c) If Landlord performs any of Tenant’s 's obligations hereunder in accordance with this Section 20.4Paragraph 26, the full amount of the cost and expense incurred or the payment so made or the amount of the loss so sustained shall immediately be owing by Tenant to Landlord, and Tenant shall promptly pay to Landlord upon demand, as Additional ChargesRent, the full amount thereof with interest thereon from the date of payment by Landlord at the lower of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable law.

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. (a) Without limiting the rights and remedies of Landlord contained in Sections 20.2 and 20.3 Paragraph 24 above, if Tenant shall be in default Default in the performance of any of the terms, provisions, covenants or conditions to be performed or complied with by Tenant pursuant to this Lease, then Landlord may at Landlord’s option, without any obligation to do so, and without with prior notice to Tenant Tenant, perform any such term, provision, covenant, or condition, or make any such payment and Landlord by reason of so doing shall not be liable or responsible for any loss or damage thereby sustained by Tenant or anyone holding under or through Tenant or any of Tenant’s Agents. (b) Without limiting the rights of Landlord under Sections 20.2 and 20.3 Paragraph 25(a) above, Landlord shall have the right at Landlord’s option, without any obligation to do so, to perform any of Tenant’s covenants or obligations under this Lease without notice to Tenant in the case of an emergency, as determined by Landlord in its sole and absolute reasonable judgment, or or, after ten (10) days notice, if Landlord determines, otherwise determines in its sole and absolute judgment, reasonable discretion that such action performance is necessary or desirable to avoid imminent harm to for the Premises or any personsproper management and operation of the Premises. (c) If Landlord performs any of Tenant’s obligations hereunder in accordance with this Section 20.4Paragraph 25, the full amount of the cost and expense incurred or the payment so made or the amount of the loss so sustained shall immediately be owing by Tenant to Landlord, and Tenant shall promptly pay to Landlord upon demand, as Additional ChargesRent, the full amount thereof with interest thereon from the date of payment by Landlord at the lower of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable lawthereof.

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. (a) Without limiting the rights and remedies of Landlord contained in Sections 20.2 and 20.3 Paragraph 25 above, if Tenant shall be in default Default in the performance of any of the terms, provisions, covenants or conditions to be performed or complied with by Tenant pursuant to this Lease, then Landlord may at Landlord’s 's option, without any obligation to do so, and without notice to Tenant perform any such term, provision, covenant, or condition, or make any such payment and Landlord by reason of so doing shall not be liable or responsible for any loss or damage thereby sustained by Tenant or anyone holding under or through Tenant or any of Tenant’s 's Agents, unless caused by Landlord's gross negligence or willful misconduct. (b) Without limiting the rights of Landlord under Sections 20.2 and 20.3 Paragraph 25(a) above, Landlord shall have the right at Landlord’s 's option, without any obligation to do so, to perform any of Tenant’s 's covenants or obligations under this Lease without notice to Tenant in the case of an emergency, as determined determined, by Landlord in its sole and absolute judgment, or if Landlord determines, otherwise determines in its sole and absolute judgment, reasonable discretion that such action performance is necessary or desirable to avoid imminent harm to for the Premises proper management and operation of the Building or any personsthe Project or for the preservation of the rights and interests or safety of other tenants of the Building or the Project. (c) If Landlord performs any of Tenant’s 's obligations hereunder in accordance with this Section 20.4Paragraph 26, the full amount of the cost and expense incurred or the payment so made or the amount of the loss so sustained shall immediately be owing by by-Tenant to Landlord, and Tenant shall promptly pay to Landlord upon demand, as Additional ChargesRent, the full amount thereof with interest thereon from the date of payment by Landlord at the lower of (i1) ten percent (10%) per annum, or (ii2) the highest rate permitted by applicable law.

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. (a) Without limiting In the rights and remedies of Landlord contained in Sections 20.2 and 20.3 above, if event Tenant shall be in default in the performance of fail to maintain any of the terms, provisions, covenants or conditions insurance required to be performed paid by it under the terms hereof, or complied with by Tenant pursuant to this Leasein an Emergency Situation or upon occurrence of an Event of Default, then Landlord may at Landlord’s option, without any obligation (but shall not be obligated so to do sodo), and without notice to waiving or releasing Tenant from any obligation of Tenant hereunder, make any payment or perform any other act which Tenant is obligated to make or perform under this Lease in such term, provision, covenant, or condition, or make any manner and to such payment extent as Landlord may deem desirable; and Landlord by reason of in so doing shall not be liable or responsible for any loss or damage thereby sustained by Tenant or anyone holding under or through Tenant or any of Tenant’s Agents. (b) Without limiting the rights of Landlord under Sections 20.2 and 20.3 above, Landlord shall also have the right at Landlord’s option, without any obligation to do so, to perform any of Tenant’s covenants or obligations under this Lease without notice to Tenant in the case of an emergency, as determined by Landlord in its sole and absolute judgment, or if Landlord determines, in its sole and absolute judgment, that such action is necessary or desirable to avoid imminent harm to enter upon the Premises for any purpose reasonably necessary in connection therewith and to pay or incur any persons. (c) If Landlord performs any of Tenant’s obligations hereunder in accordance with this Section 20.4other necessary and incidental costs and expenses, the full amount of the cost including reasonable attorneys' fees. !All sums so paid and expense all liabilities so incurred or the payment so made or the amount of the loss so sustained shall immediately be owing by Tenant to Landlord, and Tenant shall promptly pay to Landlord upon demand, as Additional Charges, the full amount thereof together with interest thereon from the date of payment by Landlord at the lower rate per annum which is the lesser of (i) ten percent (10%) per annum, the Lease Interest Rate or (ii) the highest rate permitted by applicable lawlaw shall be deemed Additional Rent hereunder and shall be payable to Landlord upon demand as Additional Rent. Landlord shall use reasonable efforts to give prior notice (which may be oral) of its performance, if reasonably feasible under the circumstances. The performance!of any such obligation by Landlord shall not constitute a waiver of Tenant's default in failing to perform the same. Inaction of Landlord shall never be considered as a waiver of any right accruing to it pursuant to this Lease. Landlord, in making any payment hereby authorized: (a) relating to Taxes, may do so according to any bill, xxatement or estimate, without inquiry into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof; (b) for the discharge, compromise or settlement of any lien, may do so without inquiry as to the validity or amount of any claim for lien which may be asserted; or (c) in connection with the completion of construction of improvements to the Premises or the repair, maintenance or the payment of operating costs thereof, may do so in such amounts and to such persons as Landlord reasonably may deem appropriate. Nothing contained herein shall be construed to require Landlord to advance monies for any purpose. Landlord shall not in any event be liable for inconvenience, annoyance, disturbance, loss of business or other damage of Tenant or any other occupant of the Premises or any part thereof, by reason of making repairs or the performance of any work on the Premises or on account of bringing materials, supplies and equipment into or through the Premises during the course thereof and the obligations of Tenant under this Lease shall not thereby be affected in any manner. In doing so, however, Landlord shall use reasonable efforts not to interfere with the normal operation of the Premises. The term "EMERGENCY SITUATION" shall mean a situation which has caused or is likely to cause bodily injury to persons, contamination of or physical damage to the Premises or adjoining property or economic liability or criminal jeopardy to Landlord.

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. (a) Without limiting the rights and remedies of Landlord contained in Sections 20.2 and 20.3 Paragraph 26 above, if Tenant shall be in default Default in the performance of any of the terms, provisions, covenants or conditions to be performed or complied with by Tenant pursuant to this Lease, then Landlord may at Landlord’s 's option, without any obligation to do so, and without notice to Tenant perform any such term, provision, covenant, or condition, or make any such payment and Landlord by reason of so doing shall not be liable or responsible for any loss or damage thereby sustained by Tenant or anyone holding under or through Tenant or any of Tenant’s 's Agents. (b) Without limiting the rights of Landlord under Sections 20.2 and 20.3 Paragraph 27(a) above, Landlord shall have the right at Landlord’s 's option, without any obligation to do so, to perform any of Tenant’s 's covenants or obligations under this Lease (i) without notice to Tenant in the case of an emergency, as determined by Landlord in its sole and absolute judgment, or if Landlord determines, otherwise determines in its sole and absolute judgment, discretion that such action performance is necessary or desirable for the preservation of the rights and interests or safety of other tenants of the Building or the Project, and (ii) with five (5) days prior written or telephonic notice to avoid imminent harm to Tenant if Landlord otherwise determines in its sole discretion that such performance is necessary or desirable for the Premises proper management and operation of the Building or any personsthe Project. (c) If Landlord performs any of Tenant’s 's obligations hereunder in accordance with this Section 20.4Paragraph 27, the full amount of the cost and expense incurred or the payment so made or the amount of the loss so sustained shall immediately be owing by Tenant to Landlord, and Tenant shall promptly pay to Landlord upon demand, as Additional ChargesRent, the full amount thereof with interest thereon from the date of payment by Landlord at the lower of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable law.

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. (a) Without limiting the rights and remedies of Landlord contained in Sections 20.2 and 20.3 Paragraph 26 above, if Tenant shall be in default Default in the performance of any of the terms, provisions, covenants or conditions to be performed or complied with by Tenant pursuant to this Lease, then Landlord may at Landlord’s option, without any obligation to do so, and without notice to Tenant perform any such term, provision, covenant, or condition, or make any such payment and Landlord by reason of so doing shall not be liable or responsible for any loss or damage thereby sustained by Tenant or anyone holding under or through Tenant or any of Tenant’s Agents. (b) Without limiting the rights of Landlord under Sections 20.2 and 20.3 Paragraph 27(a) above, Landlord shall have the right at Landlord’s option, without any obligation to do so, to perform any of Tenant’s covenants or obligations under this Lease without notice to Tenant in the case of an emergency, as determined by Landlord in its sole and absolute judgment, or if Landlord determines, otherwise determines in its sole and absolute judgment, discretion that such action performance is necessary or desirable to avoid imminent harm to for the Premises preservation of the rights and interests or any personssafety of other tenants of the Building or the Project, or in its reasonable discretion for the proper management and operation of the Building or the Project. (c) If Landlord performs any of Tenant’s obligations hereunder in accordance with this Section 20.4Paragraph 27, the full amount of the cost and expense incurred or the payment so made or the amount of the loss so sustained shall immediately be owing by Tenant to Landlord, and Tenant shall promptly pay to Landlord upon demand, as Additional ChargesRent, the full amount thereof with interest thereon from the date of payment by Landlord at the lower of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable law.

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. (a) Without limiting the rights and remedies of Landlord contained in Sections 20.2 and 20.3 Paragraph 25 above, if Tenant shall be in default Default in the performance of any of the terms, provisions, covenants or conditions to be performed or complied with by Tenant pursuant to this Lease, then Landlord may at Landlord’s 's option, without any obligation to do so, and without notice to Tenant perform any such term, provision, covenant, or condition, or make any such payment and Landlord by reason of so doing shall not be liable or responsible for any loss or damage thereby sustained by Tenant or anyone holding under or through Tenant or any of Tenant’s 's Agents, unless caused by Landlord's gross negligence or willful misconduct. (b) Without limiting the rights of Landlord under Sections 20.2 and 20.3 Paragraph 26(a) above, Landlord shall have the right at Landlord’s 's option, without any obligation to do so, to perform any of Tenant’s 's covenants or obligations under this Lease without notice to Tenant in the case of an emergency, as determined by Landlord in its sole and absolute judgment, or if Landlord determines, otherwise determines in its sole and absolute judgment, reasonable discretion that such action performance is necessary or desirable to avoid imminent harm to for the Premises proper management and operation of the Building or any personsthe Project or for the preservation of the rights and interests or safety of other tenants of the Building or the Project. (c) If Landlord performs any of Tenant’s 's obligations hereunder in accordance with this Section 20.4Paragraph 26, the full amount of the cost and expense incurred or the payment so made or the amount of the loss so sustained shall immediately be owing by Tenant to Landlord, and Tenant shall promptly pay to Landlord upon demand, as Additional ChargesRent, the full amount thereof with interest thereon from the date of payment by Landlord at the lower of (i) ten percent (10%) [*] per annum, or (ii) the highest rate permitted by applicable law.

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. (aA) Without limiting the rights and remedies of Landlord contained in Sections 20.2 and 20.3 Paragraph 25 above, if Tenant shall be in default Default in the performance of any of the terms, provisions, covenants or conditions to be performed or complied with by Tenant pursuant to this Lease, then Landlord may at Landlord’s 's option, without any obligation to do so, and without notice to Tenant perform any such term, provision, covenant, or condition, or make any such payment and Landlord by reason of so doing shall not be liable or responsible for any loss or damage thereby sustained by Tenant or anyone holding under or through Tenant or any of Tenant’s 's Agents. (b) , unless caused by Landlord's gross negligence or willful misconduct. Without limiting the rights of Landlord under Sections 20.2 and 20.3 Paragraph 25(a) above, Landlord shall have the right at Landlord’s 's option, without any obligation to do so, to perform any of Tenant’s 's covenants or obligations under this Lease without notice to Tenant in the case of an emergency, as determined by Landlord in its sole and absolute judgment, or if Landlord determines, otherwise determines in its sole and absolute judgment, reasonable discretion that such action performance is necessary or desirable to avoid imminent harm to for the Premises proper management and operation of the Building or any personsthe Project or for the preservation of the rights and interests or safety of other tenants of the Building or the Project. (cB) If Landlord performs any of Tenant’s 's obligations hereunder in accordance with this Section 20.4Paragraph 26, the full amount of the cost and expense incurred or the payment so made or the amount of the loss so sustained shall immediately be owing by Tenant to Landlord, and Tenant shall promptly pay to Landlord upon demand, as Additional ChargesRent, the full amount thereof with interest thereon from the date of payment by Landlord at the lower of (i) ten percent (10%) [...***...] per annum, or (ii2) the highest rate permitted by applicable law.[...***...

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. (a) Without limiting In the rights and remedies of Landlord contained in Sections 20.2 and 20.3 above, if event Tenant shall be in default in the performance of fail to maintain any of the terms, provisions, covenants or conditions insurance required to be performed paid by it under the terms hereof, or complied with by Tenant pursuant to this Leasein an Emergency Situation or upon occurrence of an Event of Default, then Landlord may at Landlord’s option, without any obligation (but shall not be obligated so to do sodo), and without notice to waiving or releasing Tenant from any obligation of Tenant hereunder, make any payment or perform any other act which Tenant is obligated to make or perform under this Lease in such term, provision, covenant, or condition, or make any manner and to such payment extent as Landlord may deem desirable; and Landlord by reason of in so doing shall not be liable or responsible for any loss or damage thereby sustained by Tenant or anyone holding under or through Tenant or any of Tenant’s Agents. (b) Without limiting the rights of Landlord under Sections 20.2 and 20.3 above, Landlord shall also have the right at Landlord’s option, without any obligation to do so, to perform any of Tenant’s covenants or obligations under this Lease without notice to Tenant in the case of an emergency, as determined by Landlord in its sole and absolute judgment, or if Landlord determines, in its sole and absolute judgment, that such action is necessary or desirable to avoid imminent harm to enter upon the Premises for any purpose reasonably necessary in connection therewith and to pay or incur any persons. (c) If Landlord performs any of Tenant’s obligations hereunder in accordance with this Section 20.4other necessary and incidental costs and expenses, the full amount of the cost including reasonable attorneys' fees. All sums so paid and expense all liabilities so incurred or the payment so made or the amount of the loss so sustained shall immediately be owing by Tenant to Landlord, and Tenant shall promptly pay to Landlord upon demand, as Additional Charges, the full amount thereof together with interest thereon from the date of payment by Landlord at the lower rate per annum which is the lesser of (i) ten percent (10%) per annum, the Lease Interest Rate or (ii) the highest rate permitted by applicable lawlaw shall be deemed Additional Rent hereunder and shall be payable to Landlord upon demand as Additional Rent. Landlord shall use reasonable efforts to give prior notice (which may be oral) of its performance, if reasonably feasible under the circumstances. The performance of any such obligation by Landlord shall not constitute a waiver of Tenant's default in failing to perform the same. Inaction of Landlord shall never be considered as a waiver of any right accruing to it pursuant to this Lease. Landlord, in making any payment hereby authorized: (a) relating to Taxes, may do so according to any xxxx, statement or estimate, without inquiry into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof; (b) for the discharge, compromise or settlement of any lien, may do so without inquiry as to the validity or amount of any claim for lien which may be asserted; or (c) in connection with the completion of construction of improvements to the Premises or the repair, maintenance or the payment of operating costs thereof, may do so in such amounts and to such persons as Landlord reasonably may deem appropriate. Nothing contained herein shall be construed to require Landlord to advance monies for any purpose. Landlord shall not in any event be liable for inconvenience, annoyance, disturbance, loss of business or other damage of Tenant or any other occupant of the Premises or any part thereof, by reason of making repairs or the performance of any work on the Premises or on account of bringing materials, supplies and equipment into or through the Premises during the course thereof and the obligations of Tenant under this Lease shall not thereby be affected in any manner. In doing so, however, Landlord shall use reasonable efforts not to interfere with the normal operation of the Premises. The term "EMERGENCY SITUATION" shall mean a situation which has caused or is likely to cause bodily injury to persons, contamination of or physical damage to the Premises or adjoining property or economic liability or criminal jeopardy to Landlord.

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. (a) Without limiting In ------------------------------------------------ the rights and remedies of Landlord contained in Sections 20.2 and 20.3 above, if event Tenant shall be in default in the performance of fail to maintain any of the terms, provisions, covenants or conditions insurance required to be performed paid by it under the terms hereof, or complied with by Tenant pursuant to this Leasein an Emergency Situation or upon occurrence of an Event of Default, then Landlord may at Landlord’s option, without any obligation (but shall not be obligated so to do sodo), and without notice to waiving or releasing Tenant from any obligation of Tenant hereunder, make any payment or perform any other act which Tenant is obligated to make or perform under this Lease in such term, provision, covenant, or condition, or make any manner and to such payment extent as Landlord may deem desirable; and Landlord by reason of in so doing shall not be liable or responsible for any loss or damage thereby sustained by Tenant or anyone holding under or through Tenant or any of Tenant’s Agents. (b) Without limiting the rights of Landlord under Sections 20.2 and 20.3 above, Landlord shall also have the right at Landlord’s option, without any obligation to do so, to perform any of Tenant’s covenants or obligations under this Lease without notice to Tenant in the case of an emergency, as determined by Landlord in its sole and absolute judgment, or if Landlord determines, in its sole and absolute judgment, that such action is necessary or desirable to avoid imminent harm to enter upon the Premises for any purpose reasonably necessary in connection therewith and to pay or incur any persons. (c) If Landlord performs any of Tenant’s obligations hereunder in accordance with this Section 20.4other necessary and incidental costs and expenses, the full amount of the cost including reasonable attorneys' fees. All sums so paid and expense all liabilities so incurred or the payment so made or the amount of the loss so sustained shall immediately be owing by Tenant to Landlord, and Tenant shall promptly pay to Landlord upon demand, as Additional Charges, the full amount thereof together with interest thereon from the date of payment by Landlord at the lower rate per annum which is the lesser of (i) ten percent (10%) per annum, the Lease Interest Rate or (ii) the highest rate permitted by applicable law.law shall be deemed Additional Rent hereunder and shall be payable to Landlord upon demand as Additional Rent. Landlord shall use reasonable efforts to give prior notice (which may be oral) of its performance, if reasonably feasible under the circumstances. The performance of any such obligation by Landlord shall not constitute a waiver of Tenant's default in failing to perform the same. Inaction of Landlord shall never be considered as a waiver of any right accruing to it pursuant to this Lease. Landlord, in making any

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. (a) Without limiting the rights and remedies of Landlord contained in Sections 20.2 and 20.3 Paragraph 25 above, if Tenant shall be in default Default in the performance of any of the terms, provisions, covenants or conditions to be performed or complied with by Tenant pursuant to this Lease, then Landlord may at Landlord’s option, without any obligation to do so, and without notice to Tenant perform any such term, provision, covenant, or condition, or make any such payment and Landlord by reason of so doing shall not be liable or responsible for any loss or damage thereby sustained by Tenant or anyone holding under or through Tenant or any of Tenant’s Agents. (b) Without limiting the rights of Landlord under Sections 20.2 and 20.3 Paragraph 26(a) above, Landlord shall have the right at Landlord’s option, without any obligation to do so, to perform any of Tenant’s covenants or obligations under this Lease without notice to Tenant in the case of an emergency, as determined by Landlord in its sole and absolute judgment, or if Landlord determines, otherwise determines in its sole and absolute judgment, discretion that such action performance is necessary or desirable to avoid imminent harm to for the Premises proper management and operation of the Building or any personsthe Project or for the preservation of the rights and interests or safety of other tenants of the Building or the Project. (c) If Landlord performs any of Tenant’s obligations hereunder in accordance with this Section 20.4Paragraph 26, the full amount of the cost and expense incurred or the payment so made or the amount of the loss so sustained shall immediately be owing by Tenant to Landlord, and Tenant shall promptly pay to Landlord upon demand, as Additional ChargesRent, the full amount thereof with interest thereon from the date of payment by Landlord at the lower of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable law.

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. (a) Without limiting the rights and remedies of Landlord contained in Sections 20.2 and 20.3 Paragraph 26 above, if Tenant shall be in default Default in the performance of any of the terms, provisions, covenants or conditions to be performed or complied with by Tenant pursuant to this Lease, then Landlord may at Landlord’s 's option, without any obligation to do so, and without notice to Tenant Tenant, unless otherwise required by Paragraph 26 above, perform any such term, provision, covenant, or condition, or make any such payment and Landlord by reason of so doing shall not be liable or responsible for any loss or damage thereby sustained by Tenant or anyone holding under or through Tenant or any of Tenant’s 's Agents. (b) . Without limiting the rights of Landlord under Sections 20.2 and 20.3 Paragraph 27(a) above, Landlord shall have the right at Landlord’s 's option, without any obligation to do so, to perform any of Tenant’s 's covenants or obligations under this Lease without notice to Tenant in the case of an emergency, as determined by Landlord in its sole and absolute judgment, or if Landlord determines, otherwise determines in its sole and absolute judgment, reasonable discretion that such action performance is necessary or desirable to avoid imminent harm to for the Premises preservation of the rights and interests or any persons. (c) safety of other tenants of the Building or the Project. If Landlord performs any of Tenant’s 's obligations hereunder in accordance with this Section 20.4Paragraph 27, the full amount of the cost and expense incurred or the payment so made or the amount of the loss so sustained shall immediately be owing by Tenant to Landlord, and Tenant shall promptly pay to Landlord upon demand, as Additional ChargesRent, the full amount thereof with interest thereon from the date of payment by Landlord at the lower of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable law.

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. (a) Without limiting the rights and remedies of Landlord contained in Sections 20.2 and 20.3 Paragraph 25 above, if Tenant shall be in default Default in the performance of any of the terms, provisions, covenants or conditions to be performed or complied with by Tenant pursuant to this Lease, then Landlord may at Landlord’s 's option, without any obligation to do so, and without notice to Tenant perform any such term, provision, covenant, or condition, or make any such payment and Landlord by reason of so doing shall not be liable or responsible for any loss or damage thereby sustained by Tenant or anyone holding under or through Tenant or any of Tenant’s 's Agents. (b) Without limiting the rights of Landlord under Sections 20.2 and 20.3 Paragraph 26(a) above, Landlord shall have the right at Landlord’s 's option, without any obligation to do so, to perform any of Tenant’s 's covenants or obligations under this Lease without notice to Tenant in the case of an emergency, as determined by Landlord in its sole and absolute judgment, or if Landlord determines, in its sole and absolute judgment, otherwise reasonably determines that such action performance is necessary or desirable to avoid imminent harm to for the Premises proper management and operation of the Building or any personsthe Project or for the preservation of the rights and interests or safety of other tenants of the Building or the Project. (c) If Landlord performs any of Tenant’s 's obligations hereunder in accordance with this Section 20.4Paragraph 26, the full amount of the cost and expense incurred or the payment so made or the amount of the loss so sustained shall immediately be owing by Tenant to Landlord, and Tenant shall promptly pay to Landlord upon demand, as Additional ChargesRent, the full amount thereof with interest thereon from the date of payment by Landlord at the lower of (i1) ten percent (10%) per annum, or (ii2) the highest rate permitted by applicable law.

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. (a) Without limiting the rights and remedies of Landlord contained in Sections 20.2 and 20.3 above, if Section 14.1. If Tenant shall be in default in the performance or observance of any of the termsagreements, provisionsconditions or covenants herein contained, covenants which default remains uncured after the period for curing such default shall have elapsed, Landlord may immediately, or conditions at any time thereafter, perform the same for the account of Tenant, and any actual out-of-pocket amount paid, or any expense or liability incurred, by Landlord in the performance of the same, shall be deemed to be performed or complied with Additional Rent payable forthwith by Tenant pursuant to this Lease, then Landlord may at Landlord’s option, without any obligation to do so, Tenant; and without notice to Tenant perform any such term, provision, covenant, or condition, or make any such payment and Landlord by reason of so doing shall not be liable or responsible for any loss or damage thereby sustained by Tenant or anyone holding under or through Tenant or any of Tenant’s Agents. (b) Without limiting the rights of Landlord under Sections 20.2 and 20.3 above, Landlord shall have the right to enter the Premises for the purpose of correcting or remedying such default and to remain therein until the same shall have been corrected or remedied. Section 14.2. In the event Tenant shall fail to pay any Taxes or any insurance premium under Article 7 hereof, or any other sums due pursuant to this Lease other than Fixed Rent, following any cure period as set forth herein, Landlord may, but shall not be required to, pay any such items, premiums or sums, and shall thereupon become entitled to repayment from Tenant, on demand, of any amount so paid, together with interest thereon at Landlordthe rate equal to the lesser of annual rate two percent (2%) in excess of the base or prime rate announced from time to time by XX Xxxxxx Xxxxx Bank or its successor, or the highest rate of interest which at such time shall be permitted under the laws of the State of New York, and the amount so due and payable shall constitute Additional Rent hereunder. Section 14.3. No performance by Landlord of any of the obligations on Tenant’s option, without any obligation part to do so, be performed hereunder shall be deemed to perform any be a waiver of Tenant’s covenants default in the failure to perform the same, nor shall the performance thereof by Landlord release or relieve Tenant from any obligations on Tenant’s part to be performed under this Lease without notice to Tenant in the case of an emergency, as determined by Landlord in its sole and absolute judgment, or if Landlord determines, in its sole and absolute judgment, that such action is necessary or desirable to avoid imminent harm to the Premises or any personsLease. (c) If Landlord performs any of Tenant’s obligations hereunder in accordance with this Section 20.4, the full amount of the cost and expense incurred or the payment so made or the amount of the loss so sustained shall immediately be owing by Tenant to Landlord, and Tenant shall promptly pay to Landlord upon demand, as Additional Charges, the full amount thereof with interest thereon from the date of payment by Landlord at the lower of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable law.

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. (a) Without limiting the rights and remedies of Landlord contained in Sections 20.2 and 20.3 Paragraph 26 above, if Tenant shall be in default Default in the performance of any of the terms, provisions, covenants or conditions to be performed or complied with by Tenant pursuant to this Lease, then Landlord may at Landlord’s 's option, without any obligation to do so, and without notice to Tenant perform any such term, provision, covenant, or condition, or make any such payment and Landlord by reason of so doing shall not be liable or responsible for any loss or damage thereby sustained by Tenant or anyone holding under or through Tenant or any of Tenant’s 's Agents. (b) Without limiting the rights of Landlord under Sections 20.2 and 20.3 Paragraph 26(a) above, Landlord shall have the right at Landlord’s 's option, without any obligation to do so, to perform any of Tenant’s 's covenants or obligations under this Lease without notice to Tenant in the case of an emergency, as determined by Landlord in its sole and absolute judgment, or if Landlord determines, otherwise determines in its sole and absolute judgment, discretion that such action performance is necessary or desirable to avoid imminent harm to for the Premises proper management and operation of the Building or any personsthe Project or for the preservation of the rights and interests or safety of other tenants of the Building or the Project. (c) If Landlord performs any of Tenant’s 's obligations hereunder in accordance with this Section 20.4Paragraph 26, the full amount of the cost and expense incurred or the payment so made or the amount of the loss so sustained shall immediately be owing by Tenant to Landlord, and Tenant shall promptly pay to Landlord upon demand, as Additional ChargesRent, the full amount thereof with interest thereon from the date of payment by Landlord at the lower of (i1) ten percent (10%) per annum, or (ii2) the highest rate permitted by applicable law.

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. (a) Without limiting the rights and remedies of Landlord contained in Sections 20.2 and 20.3 Paragraph 25 above, if Tenant shall be in default Default in the performance of any of the terms, provisions, covenants or conditions to be performed or complied with by Tenant pursuant to this Lease, then Landlord may at Landlord’s 's option, without any obligation to do so, and without notice to Tenant perform any such term, provision, covenant, or condition, or make any such payment and Landlord by reason of so doing shall not be liable or responsible for any loss or damage thereby sustained by Tenant or anyone holding under or through Tenant or any of Tenant’s 's Agents. (b) . Without limiting the rights of Landlord under Sections 20.2 and 20.3 Paragraph 26(a) above, Landlord shall have the right at Landlord’s 's option, without any obligation to do so, to perform any of Tenant’s 's covenants or obligations under this Lease without notice to Tenant in the case of an emergency, as determined by Landlord in its sole and absolute judgment, or if Landlord determines, otherwise determines in its sole and absolute judgment, discretion that such action performance is necessary or desirable to avoid imminent harm to for the Premises protection or any personspreservation of property or the preservation of the rights and interests or safety of other tenants of the Building or the Project. (cb) If Landlord performs any of Tenant’s 's obligations hereunder in accordance with this Section 20.4Paragraph 26, the full amount of the cost and expense incurred or the payment so made or the amount of the loss so sustained shall immediately be owing by Tenant to Landlord, and Tenant shall promptly pay to Landlord upon demand, as Additional ChargesRent, the full amount thereof with interest thereon from the date of payment by Landlord at the lower of (i1) ten percent (10%) per annum, or (ii2) the highest rate permitted by applicable law.

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. (a) Without limiting the rights and remedies of Landlord contained in Sections 20.2 and 20.3 Paragraph 25 above, if Tenant shall be in default Default in the performance of any of the terms, provisions, covenants or conditions to be performed or complied with by Tenant pursuant to this Lease, then Landlord may at Landlord’s option, without any obligation to do so, and without notice to Tenant perform any such term, provision, covenant, or condition, or make any such payment and Landlord by reason of so doing shall not be liable or responsible for any loss or damage thereby sustained by Tenant or anyone holding under or through Tenant or any of Tenant’s Agents. (b) Without limiting the rights of Landlord under Sections 20.2 and 20.3 Paragraph 26(a) above, Landlord shall have the right at Landlord’s option, without any obligation to do so, to perform any of Tenant’s covenants or obligations under this Lease without notice to Tenant in the case of an emergency, as determined by Landlord in its sole and absolute judgment, or if Landlord determines, otherwise determines in its sole and absolute judgment, discretion that such action performance is necessary or desirable to avoid imminent harm to for the Premises preservation of the rights and interests or any personssafety of other tenants of the Building or the Project. (c) If Landlord performs any of Tenant’s obligations hereunder in accordance with this Section 20.4Paragraph 26, the full amount of the cost and expense incurred or the payment so made or the amount of the loss so sustained shall immediately be owing by Tenant to Landlord, and Tenant shall promptly pay to Landlord upon demand, as Additional ChargesRent, the full amount thereof with interest thereon from the date of payment by Landlord at the lower of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable law.

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. (a) Without limiting the rights and remedies of Landlord contained in Sections 20.2 and 20.3 Paragraph 25 above, if Tenant shall be in default Default in the performance of any of the terms, provisions, covenants or conditions to be performed or complied with by Tenant pursuant to this Lease, then Landlord may at Landlord’s option, without any obligation to do so, and without notice to Tenant perform any such term, provision, covenant, or condition, or make any such payment on behalf of Tenant and Landlord by reason of so doing shall not be liable or responsible for any loss or damage thereby sustained by Tenant or anyone holding under or through Tenant or any of Tenant’s Agents. (b) Without limiting the rights of Landlord under Sections 20.2 and 20.3 Paragraph 26(a) above, Landlord shall have the right at Landlord’s option, without any obligation to do so, to perform any of Tenant’s covenants maintenance or repair obligations under this Lease without notice to Tenant in the case of an emergency, as determined by Landlord in its sole and absolute reasonable judgment, or if Landlord determines, in its sole and absolute judgment, that such action is necessary or desirable to avoid imminent harm to the Premises or any persons. (c) If Landlord performs any of Tenant’s obligations hereunder in accordance with this Section 20.4Paragraph 26, the full amount of the cost and expense incurred or the payment so made or the amount of the loss so sustained shall immediately be owing by Tenant to Landlord, and Tenant shall promptly pay to Landlord upon within twenty (20) days of demand, as Additional ChargesRent, the full amount thereof with interest thereon from the date of payment by Landlord at the lower of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable lawLegal Rate.

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. (a) Without limiting the rights and remedies of Landlord contained in Sections 20.2 and 20.3 Paragraph 25 above, if Tenant shall be in default Default in the performance of any of the terms, provisions, covenants or conditions to be performed or complied with by Tenant pursuant to this Lease, then Landlord may at Landlord’s option, without any obligation to do so, and without notice to Tenant perform any such term, provision, covenant, or condition, or make any such payment and Landlord by reason of so doing shall not be liable or responsible for any loss or damage thereby sustained by Tenant or anyone holding under or through Tenant or any of Tenant’s Agents. (b) Without limiting the rights of Landlord under Sections 20.2 and 20.3 Paragraph 26(a) above, Landlord shall have the right at Landlord’s option, without any obligation to do so, to perform any of Tenant’s covenants or obligations under this Lease without notice to Tenant in the case of an emergency, as determined by Landlord in its sole and absolute judgment, or if Landlord determines, otherwise determines in its sole and absolute judgment, discretion that such action performance is necessary or desirable to avoid imminent harm to for the Premises preservation of the rights and interests or any personssafety of other tenants of the Buildings or the Project. (c) If Landlord performs any of Tenant’s obligations hereunder in accordance with this Section 20.4Paragraph 26, the full amount of the cost and expense incurred or the payment so made or the amount of the loss so sustained shall immediately be owing by Tenant to Landlord, and Tenant shall promptly pay to Landlord upon demand, as Additional ChargesRent, the full amount thereof with interest thereon from the date of payment by Landlord at the lower of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable law.