Common use of LESSOR’S RIGHT TO PERFORM LESSEE’S COVENANTS Clause in Contracts

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 fails to pay In addition to, but without limitation or qualification of, any real estate tax other right or utility charge due from Lessee in accordance with remedy of the provisions of this LeaseLessor herein provided, or if the Lessee shall default in the observance or performance of any other termcovenant, covenant condition or condition stipulation contained 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 lease except defaults pertaining 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 rent or additional rent, the Lessor may, after thirty (30) days' written notice to the Lessee, or if such default cannot reasonably be corrected within such 30-day period, then if Lessee shall not within such period have commenced in good faith to correct such default, or with or without notice if, in the Lessor's reasonable opinion, an emergency exists, perform the same for the account and at the expense of the Lessee, and the amount of any payments made or other expenses incurred by the Lessor for such purpose shall be forthwith repaid by the Lessee with interest thereon until paid in full at the rate per annum equal to one percent (1%) in excess of the prime rate of KeyBank N.A. then in effect. Should the Lessee, pursuant to this subparagraph 15 A or any part other provision of eitherthis lease, then become obligated to reimburse or otherwise pay Lessor any further default by Lessee within such calendar year shall permit Lessor to collect from Lessee, upon demand, one or more sums of money in addition to the fixed rent, the amount thereof shall be deemed additional rent and may, at the option of Lessor, be added to any interest payable hereunder, a late charge equal to ten percent (10%) subsequent installment of the amount basic rent due and payable under the lease, in which event the Lessor shall have the remedies for default in the payment thereof provided in Paragraph 14 hereof. The provisions of Rent and additional rent so due as compensation this subparagraph 15 A shall survive the termination of this lease. Nothing in this subparagraph 15 A shall in any manner increase Lessor's liability to Lessee or to any others. The rights granted to Lessor for the costs incurred by it under this subparagraph 15 A shall be permissive only and shall not be construed as a result of requiring Lessor to perform any such defaults, Lessor and Lessee acknowledging that the actual amount of condition or covenant or to correct any such costs would be impossible to ascertaindefault.