Common use of Performance by Lessor Clause in Contracts

Performance by Lessor. If Lessee shall at any time fail to perform timely any act on its part to be performed under this Land Lease, Lessor may, at its sole option (but shall not be obliged to) after first giving at least thirty (30) days’ prior written notice to Lessee (except that no such prior notice shall be required for an entry in the case of an emergency or for procurement of insurance as provided for in Article 10 hereof) perform such act, including, without limitation, by obtaining or maintaining any insurance, discharging any lien or performing any other act, all without further notice or demand upon Lessee and without thereby waiving or releasing any obligations of Lessee or rights of Lessor hereunder (including all indemnities by Lessee). Lessor shall not be required to inquire into the validity or correctness of amount of any such lien and shall have full authority to settle or compromise any such lien without Lessee’s approval. Any costs incurred by Lessor pursuant to this Section 15.4 or otherwise incurred by Lessor on behalf of Lessee or to cure an omission by Lessee as expressly provided for herein shall be reimbursed to Lessor by Lessee on demand, together with all costs incurred by Lessor and interest at the Default Rate from the date such costs were incurred.

Performance by Lessor. If In the event that Lessee shall at any time fail or neglect to do so or perform timely any act on its part or thing herein provided by it to be done or performed under this Land Leaseand such failure shall continue for a period of thirty (30) days after written notice from Lessor specifying the nature of the act or thing to be done or performed, then Lessor may, at its sole option (but shall not be obliged required to) after first giving at least thirty , do or perform or cause to be done or performed such act or thing (30) days’ prior written notice to Lessee (except that no entering upon the leased premises for such prior notice purposes, if Lessor shall be required for an entry in the case of an emergency or for procurement of insurance as provided for in Article 10 hereof) perform such actso elect), including, without limitation, by obtaining or maintaining any insurance, discharging any lien or performing any other act, all without further notice or demand upon Lessee and without thereby waiving or releasing any obligations of Lessee or rights of Lessor hereunder (including all indemnities by Lessee). Lessor shall not be required or be held liable or in any way responsible for any loss, inconvenience, annoyance or damage resulting to inquire into Lessee on account thereof, and Lessee shall repay to Lessor upon demand the validity or correctness entire cost and expense thereof, including compensation to the agents and servants of amount of any such lien and shall have full authority to settle or compromise any such lien without Lessee’s approvalLessor. Any costs incurred act or thing done by Lessor pursuant to the provisions of this Section 15.4 paragraph shall not be or otherwise incurred be construed as a waiver of any such default by Lessor on behalf Lessee, or as a waiver of Lessee any covenant, term or to cure an omission condition herein contained or of the performance thereof. All amounts payable by Lessee as expressly provided for herein shall be reimbursed to Lessor by Lessee on demandunder any of the provisions of this lease, together with all costs incurred by Lessor and if not paid when the same become due as in this lease provided, shall bear interest at the Default Rate from the date such costs were incurredthe same become due until paid at the rate of six per cent (6%) per annum, compounded annually.

Performance by Lessor. If In the event that Lessee shall at any time fail or neglect to do or perform timely any act on its part or thing herein provided by it to be done or performed under this Land Leaseand such failure shall continue for a period of thirty (30) days after written notice from Lessor specifying the nature of the act or thing to be done or performed, then Lessor may, at its sole option (but shall not be obliged required to) after first giving at least thirty , do or perform or cause to be done or performed such act or thing (30) days’ prior written notice to Lessee (except that no entering upon the leased premises for such prior notice purposes, if Lessor shall be required for an entry in the case of an emergency or for procurement of insurance as provided for in Article 10 hereof) perform such actso elect), including, without limitation, by obtaining or maintaining any insurance, discharging any lien or performing any other act, all without further notice or demand upon Lessee and without thereby waiving or releasing any obligations of Lessee or rights of Lessor hereunder (including all indemnities by Lessee). Lessor shall not be required or be held liable or in anyway responsible for any loss, inconvenience, annoyance or damage resulting to inquire into Lessee on account thereof, and Lessee shall repay to Lessor upon demand the validity or correctness entire cost and expense thereof, including compensation to the agents and servants of amount of any such lien and shall have full authority to settle or compromise any such lien without Lessee’s approvalLessor. Any costs incurred act or thing done by Lessor pursuant to the provisions of this Section 15.4 paragraph shall not be or otherwise incurred be construed as a waiver of any such default by Lessor on behalf Lessee, or as a waiver of Lessee any term, covenant, agreement or to cure an omission condition herein contained or of the performance thereof. All amounts payable by Lessee as expressly provided for herein shall be reimbursed to Lessor by Lessee on demandunder any of the provisions of this lease, together with all costs incurred by Lessor and if not paid when the same become due as in this lease provided, shall, bear interest at the Default Rate from the date such costs were incurredthe same become due until paid at the rate of eight percent (8%) per annum, compounded annually.