LESSOR’S RIGHT TO PERFORM LESSEE’S COVENANTS. Except as otherwise expressly provided herein, if Lessee fails at any time to make any payment or perform any other act on its part to be made or performed under this Lease, then upon ten (10) days written notice to Lessee (provided that no such notice shall be required in the event of an emergency), Lessor may, but shall not be obligated to, and without waiving or releasing Lessee from any obligation under this Lease, make such payment or perform such other act to the extent that Lessor may deem desirable, and in connection therewith, pay expenses and employ counsel. All sums so paid by Lessor and all penalties, interest and costs in connection therewith shall be due and payable by Lessee to Lessor as additional rent upon demand.
LESSOR’S RIGHT TO PERFORM LESSEE’S COVENANTS. If Lessee fails to pay any real estate tax or utility charge due from Lessee in accordance with the provisions of this Lease, or if Lessee shall default in the observance or performance of any other term, covenant or condition in this Lease binding on Lessee, Lessor may, without thereby waiving such default by Lessee, remedy such default for the account of Lessee after first providing Lessee with written notice and a reasonable opportunity to cure any such non-payment and/or default. In the event Lessor makes any expenditures in connection therewith, such reasonable expenditures shall be promptly payable by Lessee to Lessor, together with interest thereon at the rate of five (5%) percent per annum above the Prime Rate announced from time to time by Citibank, N.A. or if Citibank is no longer in existence or no longer publishes its prime lending rate, then the prime lending rate of any successor bank to Citibank (the “Interest Rate”) from the date of the making of such expenditure by Lessor. In the event that twice in any calendar year Lessee shall have defaulted in the payment of Rent or additional rent, or any part of either, then any further default by Lessee within such calendar year shall permit Lessor to collect from Lessee, upon demand, in addition to any interest payable hereunder, a late charge equal to ten percent (10%) of the amount of Rent and additional rent so due as compensation to Lessor for the costs incurred by it as a result of such defaults, Lessor and Lessee acknowledging that the actual amount of such costs would be impossible to ascertain.
LESSOR’S RIGHT TO PERFORM LESSEE’S COVENANTS. If Lessee shall at any time fail to pay any sum in accordance with the provisions hereof, or shall fail to make any other payment or perform any other act on its part to be made or performed, then Lessor, after ten (10) days’ written notice to Lessee following any other grace period or extensions allowed in this Lease (or without notice in case of emergency) and without waiving, or releasing Lessee from any obligation of Lessee contained in this Lease, may, but shall be under no obligation to: (a) pay any sum payable by Lessee pursuant to the provisions hereof; or (b) make any other payment or perform any other act on Lessee’s part to be made or performed as in this Lease provided; and may enter upon the Premises for any such purpose, and take all such action thereon, as may be necessary therefor. All sums so paid by Lessor and all costs and expenses, including reasonable attorneys’ fees, incurred by Lessor in connection with the performance of any such act shall be paid by Lessee to Lessor on demand, together with interest thereon at the rate of fifteen percent (15%) per annum from the respective dates of Lessor’s making of each such payment or incurring of each such cost and expense, including reasonable attorney’s fees, until repaid by Lessee in full.
LESSOR’S RIGHT TO PERFORM LESSEE’S COVENANTS. If Lessee shall default in the performance of any of its covenants, obligations or agreements contained in this Lease, other than the obligation to pay rent, Lessor after ten (10) days' notice to Lessee, specifying such default (or shorter notice if any emergency exists), may (but without any obligation so to do) perform the same for the account and at the expense of Lessee, and the amount of any payment made or other reasonable expenses, including reasonable attorneys' fees incurred by Lessor for curing such default, with interest thereon at the lower of twelve percent (12.0%) per annum or the maximum amount allowed by law, shall be payable by Lessee to Lessor on demand.
LESSOR’S RIGHT TO PERFORM LESSEE’S COVENANTS. Except as otherwise expressly provided herein, if Lessee fails at any time to make any payment or perform any other act on its part to be made or performed under this Lease and such failure continues for ten (10) days (or such longer period of time as may be reasonably necessary to perform the cure of such failure, so long as such cure is promptly commenced and diligently prosecuted to completion) after written notice from Lessor to Lessee (provided that no such notice shall be required in the event of an emergency), Lessor may, but shall not be obligated to, and without waiving or releasing Lessee from any obligation under this Lease, make such payment or perform such other act to the extent that Lessor may deem desirable, and in connection therewith, pay expenses and employ counsel. All sums so paid by Lessor and all penalties, interest and costs in connection therewith shall be due and payable by Lessee to Lessor as additional rent upon demand.
LESSOR’S RIGHT TO PERFORM LESSEE’S COVENANTS. 12.01. If, after any applicable cure, grace and/or notice period, but without cure, notice or grace in the case of an emergency, Lessee shall at any time fail to pay any Imposition in accordance with the provisions of ARTICLE 4 hereof or 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 in any material respect any other act on its part to be made or performed under this Lease, or shall default in the performance in any material respect of any of its obligations under this Lease (“Breaches”), then Lessor, or any fee mortgagee, without thereby waiving such Breach or releasing Lessee from any obligation contained in this Lease, may (but shall not be obligated to) perform the same for the account of and with the expense thereof to be paid by Lessee, and may (but shall be under no obligation to) enter upon the Property for any such purpose and take all such action thereon, as may be necessary therefor.
LESSOR’S RIGHT TO PERFORM LESSEE’S COVENANTS. Section 5.1. The Lessee covenants that if the Lessee shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, the Lessor may, but shall not be obligated to, and without notice or demand and without waiving or releasing the Lessee from any obligation of the Lessee under this Lease, make such payment or perform such other act to the extent the Lessor may deem desirable, and in connection therewith to pay expenses and employ counsel. All sums so paid by the Lessor and all expenses incurred in connection therewith, together with interest thereon at the rate of the lessor of 12% per annum or the highest rate permitted by law, from the date of such payment, shall be deemed additional rent hereunder and be payable to the Lessor on demand.
LESSOR’S RIGHT TO PERFORM LESSEE’S COVENANTS. If Lessee shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Lessor may, but shall not be obligated to, and without waiving or releasing Lessee from any obligation of Lessee under this Lease, make such payment or perform such other act to the extent Lessor deems desirable, and in connection therewith, pay expenses and employ counsel. All sums so paid by Lessor and all penalties, interest, and costs in connection therewith shall be due and payable by Lessee on the next day after Lessee receives notice of any such payment by Lessor, together with interest thereon at the rate of 12 percent (12%) per annum, or the highest legal rate of interest, whichever is lower, from such date to the date of payment thereof by Lessee to Lessor plus collection costs and attorneys' fees. Lessor shall have the same rights and remedies for the non-payment thereof as in the case of default in the payment of rent.
LESSOR’S RIGHT TO PERFORM LESSEE’S COVENANTS. In the event of any default of Lessee's obligations herein, Lessor may, at its option but without being obligated to do so, perform the same, and the cost thereof shall be immediately due and payable from Lessee to Lessor.
LESSOR’S RIGHT TO PERFORM LESSEE’S COVENANTS. 10.1 If Lessee at any time fails to pay any taxes, assessments, fees or charges 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, then Lessor, after ten (10) days' notice to Lessee (or without notice in case of an emergency) and without waiving or releasing Lessee from any obligation of Lessee contained in this Lease or from any default by Lessee and without waiving Lessor'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):
