Restoration Cost. If this Lease shall expire, terminate or if the Landlord shall re-enter and repossess the Facilities and Facility Equipment with or without terminating this Lease, all as in Section 23.1G provided, then and in any of such events, the Tenant covenants and agrees in accordance with the terms otherwise set forth in this Lease Agreement: (1) That the Leased Premises and Facility Equipment shall be in the same condition as that in which the Tenant has agreed in this Lease to surrender them to the Landlord at the expiration of the term hereof; (2) That Tenant, on or before the occurrence of any such event, shall perform any covenant contained in this Lease Agreement that specifically requires the making of any improvement or alteration to the Leased Premises or Facility Equipment or for restoring or rebuilding any part thereof; and (3) That, for the default of any covenant above stated in this Section 23.5A, Landlord shall be entitled to recover and Tenant shall immediately pay, without notice or other action by Landlord, the then reasonable and actual cost of performing such covenant, plus interest thereon (at the prime rate as published in the Wall Street Journal in effect at the time of payment, but not to exceed the maximum legal rate under applicable law) for the period between the date of payment received by Landlord from Tenant and the date when such work or act should have been performed under the other provisions of this Lease Agreement.
Appears in 2 contracts
Samples: Lease Agreement (Emeritus Corp\wa\), Lease Agreement (Emeritus Corp\wa\)
Restoration Cost. If this Lease shall expire, terminate or if the Landlord shall re-enter and repossess the Facilities and Facility Equipment with or without terminating this Lease, all as in Section 23.123.1 G provided, then and in any of such events, the Tenant covenants and agrees in accordance with the terms otherwise set forth in this Lease Agreement:
(1) That the Leased Premises and Facility Equipment shall be in the same condition as that in which the Tenant has agreed in this Lease to surrender them to the Landlord at the expiration of the term hereof;
(2) That Tenant, on or before the occurrence of any such event, shall perform any covenant contained in this Lease Agreement that specifically requires the making of any improvement or alteration to the Leased Premises or Facility Equipment or for restoring or rebuilding any part thereof; and
(3) That, for the default of any covenant above stated in this Section 23.5A, Landlord shall be entitled to recover and Tenant shall immediately pay, without notice or other action by Landlord, the then reasonable and actual cost of performing such covenant, plus interest thereon (at the prime rate as published in the Wall Street Journal in effect at the time of payment, but not to exceed the maximum legal rate under applicable law) for the period between the date of payment received by Landlord from Tenant and the date when such work or act should have been performed under the other provisions of this Lease Agreement.
Appears in 1 contract
Samples: Lease Agreement (Emeritus Corp\wa\)
Restoration Cost. If this Lease shall expire, terminate or if the Landlord shall re-enter and repossess the Facilities and Facility Equipment with or without terminating this Lease, all as in Section 23.1G provided, then and in any of such events, the Tenant covenants and agrees in accordance with the terms otherwise set forth in this Lease Agreement:
(1) That the Leased Premises and Facility Equipment shall be in the same condition as that in which the Tenant has agreed in this Lease to surrender them to the Landlord at the expiration of the term hereof;.,
(2) That Tenant, on or before the occurrence of any such event, shall perform any covenant contained in this Lease Agreement that specifically requires the making of any improvement or alteration to the Leased Premises or Facility Equipment or for restoring or rebuilding any part thereof; and
(3) That, for the default of any covenant above stated in this Section 23.5A, Landlord shall be entitled to recover and Tenant shall immediately pay, without notice or other action by Landlord, the then reasonable and actual cost of performing such covenant, plus interest thereon (at the prime rate as published in the Wall Street Journal in effect at the time of payment, but not to exceed the maximum legal rate under applicable law) for the period between the date of payment received by Landlord from Tenant and the date when such work or act should have been performed under the other provisions of this Lease Agreement.
Appears in 1 contract
Samples: Lease Agreement (Emeritus Corp\wa\)