Common use of LESSOR'S RIGHT TO PERFORM Clause in Contracts

LESSOR'S RIGHT TO PERFORM. 10.1 Should Lessee fail to perform any of its covenants herein agreed to be performed, subject to applicable cure periods, if any, set forth in Section 19.1 herein with respect to any such failure to perform, Lessor may elect, but shall not be required, to make such payment or perform such covenants, and all sums so expended by Lessor thereon shall immediately be payable by Lessee to Lessor, with interest thereon at a rate which is the lesser of fifteen percent (15%) per annum or the maximum rate permitted by law from date thereof until paid, and in addition, Lessee shall reimburse Lessor for Lessor's reasonable expenses in enforcing or performing such covenants, including reasonable attorney's fees. Any such costs or expenses incurred or payments made by the Lessor shall be deemed to be Additional Rent payable by Lessee and collectible as such by Lessor. 10.2 Performance of and/or payment to discharge said Lessee's obligations shall be optional with Lessor and such performance and payment shall in no way constitute a waiver of, or a limitation upon, Lessor's other rights hereunder. 10.3 Lessee hereby acknowledges and agrees that any Mortgagee shall have the right but not the obligation to perform any covenants and pay any amounts which Lessee has failed to so perform or pay as required under the terms of this Lease but only to the extent such Mortgagee is entitled under the terms of its Mortgage and the provisions of any subordination, nondisturbance and attornment agreement which may be in effect for such Mortgage.

LESSOR'S RIGHT TO PERFORM. 10.1 Should Lessee fail to perform any of its covenants herein agreed to be performed, subject to applicable cure periods, if any, set forth in Section 19.1 herein with respect to any such failure to perform, Lessor may elect, but shall not be required, to make such payment or perform such covenants, and all sums so expended by Lessor thereon shall immediately be payable by Lessee to Lessor, with interest thereon at a rate which is the lesser of fifteen percent (15%) per annum or the maximum rate permitted by law from date thereof until paid, and in addition, Lessee shall reimburse Lessor for Lessor's reasonable expenses in enforcing or performing such covenants, including reasonable attorney's fees. Any such costs or expenses incurred or payments made by the Lessor shall be deemed to be Additional Rent payable by Lessee and collectible as such by Lessor. 10.2 Performance of and/or payment to discharge said Lessee's obligations shall be optional with Lessor and such performance and payment shall in no way constitute a waiver of, or a limitation upon, Lessor's other rights hereunder. 10.3 Lessee hereby acknowledges and agrees that the landlords under the Underlying Leases and any Mortgagee shall have the right but not the obligation to perform any covenants and pay any amounts which Lessee has failed to so perform or pay as required under the terms of this Lease Sub-Sublease but only to the extent such landlords are entitled under the terms of the Underlying Lease or such Mortgagee is entitled under the terms of its Mortgage and the provisions of any subordination, nondisturbance and attornment agreement which may be in effect for such Mortgage.

LESSOR'S RIGHT TO PERFORM. 10.1 Should Lessee fail to perform any of its covenants herein agreed to be performed, subject to applicable cure periods, if any, set forth in Section 19.1 herein with respect to any such failure to perform, Lessor may elect, but shall not be required, to make such payment or perform such covenants, and all sums so expended by Lessor thereon shall immediately be payable by Lessee to Lessor, with interest thereon at a rate which is the lesser of fifteen percent (15%) per annum or the maximum rate permitted by law from date thereof until paid, and in addition, Lessee shall reimburse Lessor for Lessor's reasonable expenses in enforcing or performing such covenants, including reasonable attorney's fees. Any such costs or expenses incurred or payments made by the Lessor shall be deemed to be Additional Rent payable by Lessee and collectible as such by Lessor. 10.2 Performance of and/or payment to discharge said Lessee's obligations shall be optional with Lessor and such performance and payment shall in no way constitute a waiver of, or a limitation upon, Lessor's other rights hereunder. 10.3 Lessee hereby acknowledges and agrees that any Mortgagee shall have the right but not the obligation to perform any covenants and pay any amounts which Lessee has failed to so perform or pay as required under the terms of this Lease but only to the extent such Mortgagee is entitled under the terms of its Mortgage and the provisions of any subordination, nondisturbance and attornment agreement which may be in effect for such Mortgage.

LESSOR'S RIGHT TO PERFORM. 10.1 Should LESSEE'S COVENANTS-ADDITIONAL RENT SECTION 5.01: Lessee covenants and agrees that if it shall at any time fail to pay any imposition in accordance with the provisions of Article 3, or to take out, pay for, maintain or deliver any of the insurance policies provided for in Article 4, or fail to cause any lien of the character in Article 12 referred to be discharged as therein provided, or shall fail, within the time limited in clause (b) of Section 15.01 hereof after the notice therein specified of any default has been given thereunder, to perform any of other act on its covenants herein agreed part to be performed, subject then Lessor may, in addition to applicable cure periodsall other remedies in this Lease provided, if anywithout further notice or demand upon Lessee and without waiving or releasing Lessee from any obligations of Lessee in this Lease contained, set forth (a) pay any imposition payable by Lessee pursuant to the provisions of Article 3, or (b) take out, pay for and maintain any of the insurance policies provided for in Article 4, or (c) discharge any lien of the character referred to in Article 12 as therein provided, or (d) perform any other act on Lessee's part to be performed as in this Lease provided; provided, however, that so long as a Leasehold Mortgage or Fee and Leasehold Mortgage shall be outstanding, (i) Lessor shall not take any action of the character specified in the foregoing clauses (a), (b), (c) or (d) (except in the case of emergency, or threatened lapse of insurance) until after the expiration of the time limited in Section 19.1 herein 15.03 after the notice therein specified has been given to the Leasehold Mortgagee or Fee Mortgagee, and (ii) with respect to any such failure to performaction of the character specified in the foregoing clause (d), Lessor may elect, but shall not be requiredtake any such action (except in the case of an emergency or threatened lapse of insurance) if the holder of a Leasehold Mortgage or a Fee Mortgage, prior to make such payment or perform such covenantsthe expiration of the time limited in Section 15.03 hereof, shall have given the notice provided for in clause (a) of said Section 15.03 and shall have delivered the instrument provided for in clause (b) of said Section 15.03. All sums so paid by Lessor and all sums so expended necessary incidental costs and expenses paid or incurred by Lessor thereon shall immediately be payable in connection with the performance of any such act by Lessee to Lessor, together with interest thereon at a the rate which is the lesser of fifteen percent eighteen per centum (1518%) per annum from the date of making of such expenditure by Lessor, shall be payable to Lessor on demand, or at the maximum rate permitted option of Lessor may be added to any installment of Basic Rent then due or thereafter becoming due under this Lease, and Lessee covenants to pay any such sum or sums with interest as aforesaid. SECTION 5.02: All sums which may become payable to Lessor by law from date thereof until paidLessee as in this Article provided; all sums payable by Lessee for impositions pursuant to Article 3 or insurance premiums pursuant to Article 4; and all other charges and expenses of whatsoever nature which Lessee assumes or agrees to pay pursuant to this Lease, shall be deemed additional rent hereunder, and in additionthe event of the non-payment of any such sums by Lessee, Lessee shall reimburse Lessor for Lessor's reasonable expenses in enforcing or performing such covenants, including reasonable attorney's fees. Any such costs or expenses incurred or payments made by the Lessor shall be deemed have (in addition to be Additional Rent payable any other right or remedy of Lessor) the same rights, security and remedies as in the case of default by Lessee and collectible as such by Lessorin the payment of the Basic Rent. 10.2 Performance of and/or payment to discharge said Lessee's obligations shall be optional with Lessor and such performance and payment shall in no way constitute a waiver of, or a limitation upon, Lessor's other rights hereunder. 10.3 Lessee hereby acknowledges and agrees that any Mortgagee shall have the right but not the obligation to perform any covenants and pay any amounts which Lessee has failed to so perform or pay as required under the terms of this Lease but only to the extent such Mortgagee is entitled under the terms of its Mortgage and the provisions of any subordination, nondisturbance and attornment agreement which may be in effect for such Mortgage.