Common use of Performance by Lessor Clause in Contracts

Performance by Lessor. Should Lessee fail or refuse to do or perform any act or thing herein or in the CC&Rs provided to be done or performed, including but not limited to paying any tax, assessment or other charge upon the Leased Premises when due and payable as provided herein or in the CC&Rs, or any lien or claim arising out of the construction, repair, restoration, maintenance and use of the Property and the structures and improvements thereon, or any other claim, charge or demand which Lessee has agreed to pay under the covenants of this Lease or under the CC&Rs, and if such failure or refusal shall continue for a period of ten (10) days, or such longer time as is reasonably required, after written notice from Lessor specifying the nature of the act or thing to be done or performed, then Lessor may, at its option and without obligation or liability for failure to do so, do or perform or cause to be done or performed such act or thing or such other acts or things as it deems necessary to achieve compliance with the terms hereof, or of the CC&Rs (entering upon the Leased Premises for such purposes, if Lessor shall so elect), including but not limited to, paying any such tax, assessment, lien, claim, charge or demand, or settling or discharging such action therefor or judgment thereon. Lessor shall not be or be held liable or in any way responsible for any loss, inconvenience, annoyance or damage resulting to Lessee or the invitees, guests, licensees, contractors, or employees thereof, except insofar as such loss, inconvenience, annoyance or damage arises solely from Lessor’s failure to perform its obligations under this Lease or from any willful or grossly negligent act on the part of Lessor. All costs, expenses and other sums incurred or paid by Lessor in connection with the performance by Lessor of any such act or thing that Lessee has failed to perform shall be repaid to Lessor in accordance with the provisions of this Agreement and/or the CC&Rs, as applicable, together with interest thereon at the highest contract rate then permitted under the most favorable applicable law from the date of payment by Lessor until repaid, and any default in such repayment shall constitute a breach of the covenants and conditions of this Lease. Any act or thing done by Lessor pursuant to the provisions of this Paragraph shall not be or be construed as a waiver by Lessor of any such default by Lessee, or as a waiver of any covenant, term or condition contained herein or in the CC&Rs or of the performance thereof.

Performance by Lessor. Should Lessee Lessee, any other Unit Owner under a lease, or the Association fail or refuse to do or perform any act or thing herein or in the CC&Rs provided by him or it to be done or performed, including but not limited to paying any tax, assessment or other charge upon the Leased Premises Property when due and payable as provided herein or in the CC&Rs, or any lien or claim arising out of the construction, repair, restoration, maintenance and use of the Property and the structures and improvements thereon, or any other claim, charge or demand which Lessee has agreed to pay under the covenants of this Lease or under the CC&Rs, and if such failure or refusal shall continue for a period of ten (10) days, or such longer time as is reasonably required, after written notice from Lessor specifying the nature of the act or thing to be done or performed, then Lessor may, at its option and without obligation or liability for failure to do so, do or perform or cause to be done or performed such act or thing or such other acts or things as it deems necessary to achieve compliance with the terms hereof, or of the CC&Rs (entering upon the Leased Premises Property or the Unit for such purposes, if Lessor shall so elect), including but not limited to, paying any such tax, assessment, lien, claim, charge or demand, or settling or discharging such action therefor or judgment thereon. Lessor shall not be or be held liable or in any way responsible for any loss, inconvenience, annoyance or damage resulting to the Association or Lessee or the invitees, guests, licensees, contractors, mortgagees, or employees family thereof, except insofar as such loss, inconvenience, annoyance or damage arises solely from for Lessor’s 's failure to perform its obligations under this Lease or from any willful willful, negligent or grossly negligent act on the part of Lessor. All other wrongful acts, and all costs, expenses and other sums incurred or paid by Lessor in connection with the performance by Lessor of any such act or thing that Lessee has failed to perform therewith shall be repaid to Lessor in accordance with the provisions of this Agreement and/or the CC&Rs, as applicable, together with interest thereon at the highest contract rate then permitted under the most favorable applicable law from the date of payment by Lessor until repaid, and any default in such repayment shall constitute a breach of the covenants and conditions of this Lease. Any act or thing done by Lessor pursuant to the provisions of this Paragraph shall not be or be construed as a waiver by Lessor of any such default by Lessee, or as a waiver of any covenant, term or condition contained herein or in the CC&Rs or of the performance thereof.