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

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. Section 18.01 If Tenant shall default in the observance or ------------- performance of any non-monetary term or covenant to be observed or performed by Tenant under this Lease, Landlord may immediately or at any time thereafter, after five (5) business days' notice to Tenant perform the same for the account of Tenant and if Landlord in connection with such performance of Tenant's obligations at any time is compelled to pay or elects to pay any sum of money or do any act which will require the payment of any sum of money, by reason of the failure of Tenant to comply with this Lease the expenses incurred with respect to such performance, together with attorneys' fees and interest thereon, shall be deemed Additional Rent hereunder and shall be paid by Tenant to Landlord on the first day of the month following the incurring and billing to Tenant of such respective expenses. Section 18.02 If Landlord shall default in the --------------- observation or performance of any term, covenant or representation to be observed or performed by Landlord under this Lease, Tenant may immediately or at any time thereafter, after five (5) business day's notice to Landlord, perform the same for the account of the Landlord and if Tenant in connection with such performance of Landlord's obligations at any time is compelled to pay or elects to pay any sum of money or do any act which will require the payment of any sum of money, by reason of the failure of Landlord to comply with this lease, the expenses incurred with respect to such performance, together with attorney's fees and interest thereon, shall be paid by Landlord to Tenant on the first day of the month following the incurring and billing to Landlord of such respective expenses. If Landlord shall fail to pay to Tenant any amount due, Tenant may offset the amount due against Rent.

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. Section 18.01 If In the event Tenant shall default fail to maintain any insurance required to be paid by it under the terms hereof, or in an Emergency Situation or upon occurrence of an Event of Default, Landlord may (but shall not be obligated so to do), and without 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 manner and to such extent as Landlord may deem desirable; and in so doing Landlord shall also have the observance right to enter upon the Premises for any purpose reasonably necessary in connection therewith and to pay or ------------- incur any other necessary and incidental costs and expenses, including reasonable attorneys' fees. All sums so paid and all liabilities so incurred by Landlord, together with interest thereon at the Lease Interest Rate 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 non-monetary term or covenant 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 observed or performed by Tenant under considered as a waiver of any right accruing to it pursuant to this Lease. Landlord, Landlord in making any payment hereby authorized: (a) relating to Taxes, may immediately do so according to any bill, xxatement or at estimate, without inquiry into the validity of any time thereaftertax, after five assessment, sale, forfeiture, tax lien or title or claim thereof; (5b) business days' notice to Tenant perform the same for the account discharge, compromise or settlement of Tenant and if Landlord 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 such performance the completion of Tenant's obligations at any time is compelled construction of improvements to pay the Premises or elects to pay any sum of money the repair, maintenance or do any act which will require 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 sum purpose. Landlord shall not in any event be liable for inconvenience, annoyance, disturbance, loss of moneybusiness or other damage of Tenant or any other occupant of the Premises or any part thereof, by reason of making repairs or the failure of Tenant to comply with this Lease the expenses incurred with respect to such performance, together with attorneys' fees and interest thereon, shall be deemed Additional Rent hereunder and shall be paid by Tenant to Landlord on the first day of the month following the incurring and billing to Tenant of such respective expenses. Section 18.02 If Landlord shall default in the --------------- observation or performance of any termwork on the Premises or on account of bringing materials, covenant supplies and equipment into or representation to be observed or performed by Landlord through the Premises during the course thereof and the obligations of Tenant under this LeaseLease shall not thereby be affected in any manner. In doing so, Tenant may immediately 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 at any time thereafteris likely to cause bodily injury to persons, after five (5) business day's notice contamination of or physical damage to the Premises or adjoining property or economic liability or criminal jeopardy to Landlord, perform the same for the account of the Landlord and if Tenant in connection with such performance of Landlord's obligations at any time is compelled to pay or elects to pay any sum of money or do any act which will require the payment of any sum of money, by reason of the failure of Landlord to comply with this lease, the expenses incurred with respect to such performance, together with attorney's fees and interest thereon, shall be paid by Landlord to Tenant on the first day of the month following the incurring and billing to Landlord of such respective expenses. If Landlord shall fail to pay to Tenant any amount due, Tenant may offset the amount due against Rent.

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. Section 18.01 (a) If Tenant shall default in the observance or ------------- performance of any non-monetary term term, covenant, provision or covenant condition on Tenant's part to be observed or performed under or by Tenant under virtue of any of the terms or provisions in this Lease, and, except in case of emergency when no notice or cure period shall be required to be given, such default shall remain uncured after the giving of written notice and expiration of any applicable cure period, if any, then Landlord may immediately or at any time thereafter, after five (5) business days' thereafter upon notice to Tenant perform the same obligation of Tenant thereunder, and if Landlord, in connection therewith or in connection with any default by Tenant in the covenant to pay Fixed Rent or additional rent hereunder, shall make any expenditures or incur any obligations for payment of money, including court costs and reasonable attorneys’ fees, in instituting, prosecuting or defending any action or proceeding, then such fees, costs and expenses so paid or obligations incurred shall be additional rent to be paid by Tenant to Landlord, within thirty (30) days following written demand. If the Term shall have expired at the time of making of such expenditures or incurring of such obligations, such sums and any interest thereon, as aforesaid, shall be recoverable by Landlord as damages. Nothing contained in this Section shall be deemed to impose any duty upon Landlord or affect in any manner the obligations assumed by Tenant hereunder. Repairs or alterations made by Landlord on behalf of and for the account of Tenant and if pursuant to this Section shall be without liability to Landlord in connection with such performance of for any loss or damage that may result to Tenant's obligations at any time is compelled ’s merchandise, fixtures or other property or to pay or elects to pay any sum of money or do any act which will require the payment of any sum of money, Tenant’s business by reason thereof except to the extent caused by Landlord’s gross negligence or wrongful conduct. (b) The term “Overhead Amount” shall mean a sum equal to seven and one-half (7.5%) percent of the failure of Tenant to comply with this Lease the costs and expenses incurred with respect to such performanceby Landlord (as and for Landlord’s overhead irrespective of Landlord’s actual overhead costs and expenses), together with attorneys' fees and interest thereon, which amount shall be deemed Additional Rent hereunder computed upon and added to any costs or expenses incurred by Landlord, which Overhead Amount shall be paid by Tenant to Landlord on the first day of the month following the incurring and billing to Tenant of such respective expensesadditional rent. Section 18.02 If Landlord shall default in the --------------- observation or performance of any term, covenant or representation to be observed or performed by Landlord under this Lease, Tenant may immediately or at any time thereafter, after five (5) business day's notice to Landlord, perform the same for the account of the Landlord and if Tenant in connection with such performance of Landlord's obligations at any time is compelled to pay or elects to pay any sum of money or do any act which will require the payment of any sum of money, by reason of the failure of Landlord to comply with this lease, the expenses incurred with respect to such performance, together with attorney's fees and interest thereon, shall be paid by Landlord to Tenant on the first day of the month following the incurring and billing to Landlord of such respective expenses. If Landlord shall fail to pay to Tenant any amount due, Tenant may offset the amount due against Rent.

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. Section 18.01 If In the event Tenant shall default in the observance or ------------- performance of fail to maintain any non-monetary term or covenant insurance required to be observed paid by it under the terms hereof, or performed by Tenant under this Leasein an Emergency Situation or upon occurrence of an Event of Default, Landlord may immediately (but shall not be obligated so to do), and without waiving or at releasing Tenant from any time thereafter, after five (5) business days' notice to Tenant perform the same for the account 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 manner and if to such extent as Landlord may deem desirable; and in so doing Landlord shall also have the right to enter upon the Premises for any purpose reasonably necessary in connection with such performance of Tenant's obligations at any time is compelled therewith and to pay or elects to pay incur any sum of money or do any act which will require the payment of any sum of moneyother necessary and incidental costs and expenses, including reasonable attorneys’ fees. All sums so paid and all liabilities so incurred by reason of the failure of Tenant to comply with this Lease the expenses incurred with respect to such performanceLandlord, together with attorneys' fees and interest thereon, thereon at the rate per annum which is the lesser of (i) the Lease interest Rate or (ii) the highest rate permitted by law shall be deemed Additional Rent hereunder and shall be paid by Tenant payable to Landlord on the first day of the month following the incurring and billing to Tenant of such respective expenses. Section 18.02 If upon demand as Additional Rent. Landlord shall default in use reasonable efforts to give prior notice (which may be oral) of its performance, if reasonably feasible under the --------------- observation or circumstances. The performance of any term, covenant or representation to be observed or performed such obligation by Landlord under 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, Tenant may immediately or at any time thereafter, after five (5) business day's notice to . Landlord, perform in making any payment hereby authorized: (a) relating to Taxes, may do so according to any bxxx, statement or estimate, without inquiry into the same validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof; (b) for the account discharge, compromise or settlement of any lien, may do so without inquiry as to the Landlord and if Tenant validity or amount of any claim for lien which may be asserted; or (c) in connection with such performance the completion of Landlord's obligations at any time is compelled construction of improvements to pay the Premises or elects to pay any sum of money the repair, maintenance or do any act which will require 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 sum purpose. Landlord shall not in any event be liable for inconvenience, annoyance, disturbance, loss of moneybusiness or other damage of Tenant or any other occupant of the Premises or any part thereof, by reason of making repairs or the failure performance of Landlord to comply with this lease, the expenses incurred with respect to such performance, together with attorney's fees and interest thereon, shall be paid by Landlord to Tenant any work on the first day 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 month following 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 incurring and billing Premises or adjoining property or criminal jeopardy to Landlord of such respective expenses. If Landlord shall fail to pay to Tenant any amount due, Tenant may offset the amount due against RentLandlord.

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. Section 18.01 If In the event Tenant shall default in the observance or ------------- performance of fail to maintain any non-monetary term or covenant insurance required to be observed paid by it under the terms hereof, or performed by Tenant under this Leasein an Emergency Situation or upon occurrence of an Event of Default, Landlord may immediately (but shall not be obligated so to do), and without waiving or at releasing Tenant from any time thereafter, after five (5) business days' notice to Tenant perform the same for the account 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 manner and if to such extent as Landlord may deem desirable; and in so doing Landlord shall also have the right to enter upon the Premises for any purpose reasonably necessary in connection with such performance of Tenant's obligations at any time is compelled therewith and to pay or elects to pay incur any sum of money or do any act which will require the payment of any sum of moneyother necessary and incidental costs and expenses, including reasonable attorneys' fees. All sums so paid and all liabilities so incurred by reason of the failure of Tenant to comply with this Lease the expenses incurred with respect to such performanceLandlord, together with attorneys' fees and interest thereon, thereon at the rate per annum which is the lesser of (i) the Lease Interest Rate or (ii) the highest rate permitted by law shall be deemed Additional Rent hereunder and shall be paid by Tenant payable to Landlord on the first day of the month following the incurring and billing to Tenant of such respective expenses. Section 18.02 If upon demand as Additional Rent. Landlord shall default in use reasonable efforts to give prior notice (which may be oral) of its performance, if reasonably feasible under the --------------- observation or circumstances. The performance of any term, covenant or representation to be observed or performed such obligation by Landlord under 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, Tenant may immediately or at any time thereafter, after five (5) business day's notice to . Landlord, perform in making any payment hereby authorized: (a) relating to Taxes, may do so according to any xxxx, statement or estimate, without inquiry into the same validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof; (b) for the account discharge, compromise or settlement of any lien, may do so without inquiry as to the Landlord and if Tenant validity or amount of any claim for lien which may be asserted; or (c) in connection with such performance the completion of Landlord's obligations at any time is compelled construction of improvements to pay the Premises or elects to pay any sum of money the repair, maintenance or do any act which will require 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 sum purpose. Landlord shall not in any event be liable for inconvenience, annoyance, disturbance, loss of moneybusiness or other damage of Tenant or any other occupant of the Premises or any part thereof, by reason of making repairs or the failure performance of Landlord to comply with this lease, the expenses incurred with respect to such performance, together with attorney's fees and interest thereon, shall be paid by Landlord to Tenant any work on the first day 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 month following 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 incurring and billing Premises or adjoining property or criminal jeopardy to Landlord of such respective expenses. If Landlord shall fail to pay to Tenant any amount due, Tenant may offset the amount due against RentLandlord.

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. Section 18.01 If In any case in which Tenant shall default in be obligated under any provisions of this Lease to pay Landlord any loss, cost, damage, liability or expense suffered or incurred by Landlord, Landlord shall allow to Tenant, as an offset against the observance or ------------- performance amount thereof the net proceeds of any non-monetary term insurance collected for or covenant to be observed or performed by Tenant under this Lease, Landlord may immediately or at any time thereafter, after five (5) business days' notice to Tenant perform the same for the on account of Tenant such loss, cost, damage, liability or expense, provided that the allowance of such offset does not invalidate or prejudice the policy or policies under which such proceeds were payable. The Parties hereto shall each endeavor to procure an appropriate clause in, or endorsement on, any fire or extended coverage insurance covering the Leased Premises and if Landlord in connection with the Building of which the Leased Premises is a part and personal property, fixtures and equipment located thereon or therein, pursuant to which the insurance companies waive subrogation or consent to a waiver of right of recovery, and having obtained such performance clauses or endorsements of Tenant's obligations at waiver of subrogation or consent to a waiver of right of recovery, each party hereby agrees that it will not make any time is compelled claim against or seek to pay recover from the other for any loss or elects damage to pay any sum its property or the property of money others resulting from fire or do any act which will require other hazards covered by such discharge, exoneration and covenant not to xxx herein contained shall be limited by the terms and provisions of the waiver of subrogation clauses or endorsements, or clauses or endorsements consenting to a waiver of right of recovery, and shall be co-extensive therewith. If either party may obtain such clause or endorsement only upon the payment of any sum of moneyan additional premium, by reason of such party shall promptly so advise the failure of Tenant to comply with this Lease the expenses incurred with respect to such performance, together with attorneys' fees and interest thereon, shall be deemed Additional Rent hereunder other party and shall be paid by under no obligation to obtain such clause or endorsement unless such other party pays the additional premium. Tenant must procure liability and property insurance equal to $1 million combined coverage and submit such evidence of coverage to Landlord on the first day of the month following the incurring and billing prior to Tenant of such respective expensesoccupancy. Section 18.02 If Landlord shall default in the --------------- observation or performance of any term, covenant or representation to be observed or performed by Landlord under this Lease, Tenant may immediately or at any time thereafter, after five (5) business day's notice to Landlord, perform the same for the account of the Landlord and if Tenant in connection with such performance of Landlord's obligations at any time is compelled to pay or elects to pay any sum of money or do any act which will require the payment of any sum of money, by reason of the failure of Landlord to comply with this lease, the expenses incurred with respect to such performance, together with attorney's fees and interest thereon, shall be paid by Landlord to Tenant on the first day of the month following the incurring and billing to Landlord of such respective expenses. If Landlord shall fail to pay to Tenant any amount due, Tenant may offset the amount due against Rent.