Common use of RIGHT OF LANDLORD TO PERFORM TENANT'S COVENANTS Clause in Contracts

RIGHT OF LANDLORD TO PERFORM TENANT'S COVENANTS. If at any time the Tenant defaults in the observance or performance of any obligation herein contained on its part to be observed or performed and so often as the default happens, then the Landlord may, but will not be obligated so to do, without waiving or releasing the Tenant from its obligations under this Lease, itself observe and perform the covenant or covenants in respect of which the Tenant has made default or make payment of the amounts the Tenant has failed to pay, and all costs and expenses incurred by the Landlord in the observance or performance of such covenant or covenants, including, without limitation, legal costs on a solicitor-client basis, and any amounts so paid by the Landlord will bear interest at 6% p.a. from the date such amounts are paid until repaid by the Tenant to the Landlord, and will be a charge on the Restaurant in favour of the Landlord in priority to the interest of the Tenant hereunder and of any person claiming through or under the Tenant, and all such costs, expenses, and amounts and interest thereon will be payable forthwith by the Tenant to the Landlord, and the Tenant covenants to pay the same forthwith on demand by the Landlord, and the same will be treated as Additional Rent due and payable to the Landlord hereunder, and the Landlord will have the same rights and remedies and may take the same steps for recovery thereof as for the recovery of Additional Rent in arrears.

RIGHT OF LANDLORD TO PERFORM TENANT'S COVENANTS. If It is hereby expressly understood and agreed that if at any time and so often as the same shall happen, the Tenant defaults shall make default in the observance or performance of any obligation of the Tenant's covenants herein contained on its part to be observed or performed and so often as the default happenscontained, then the Landlord may, but will shall not be obligated so to do, without waiving or releasing the Tenant from its obligations under the terms of this Lease, itself observe and perform the covenant or covenants in respect of which the Tenant has made default default, and in that connection may pay such monies as may be required or make payment of as the amounts Landlord may reasonably deem expedient, and the Landlord may thereupon charge all monies so paid out and expended by it to the Tenant has failed to pay, and all costs and expenses incurred by the Landlord in the observance or performance of such covenant or covenants, including, without limitation, legal costs on a solicitor-client basis, and any amounts so paid by the Landlord will bear together with interest at 6% p.a. thereon from the date such amounts are upon which the Landlord shall have paid until repaid out the same at a rate equal to three percent (3%) per annum above the prevailing prime rate being charged by the Tenant to Landlord's principal bank at the Landlord, and will be a charge on the Restaurant in favour of time the Landlord in priority to shall have paid out the interest of the Tenant hereunder and of any person claiming through or under the Tenant, and all such costs, expenses, and amounts and interest thereon will be payable forthwith by the Tenant to the Landlordsame, and the Tenant covenants to pay repay any such monies paid out by the same Landlord as aforesaid, together with interest thereon forthwith on demand by the Landlordas additional rent, and the same will be treated as Additional Rent due Tenant hereby covenants and payable to agrees with the Landlord hereunder, and that the Landlord will shall have the same rights and remedies and may take the same steps for recovery thereof as for the recovery of Additional Rent in monies so paid out by the Landlord, together with interest as aforesaid as the Landlord could have or might have taken for recovery of rent In arrears.

RIGHT OF LANDLORD TO PERFORM TENANT'S COVENANTS. If at any time the Tenant defaults in the observance or performance of any obligation herein contained on its part to be observed or performed and so often as the default happens, then the Landlord may, but will not be obligated so to do, without waiving or releasing the Tenant from its obligations under this Lease, itself observe and perform the covenant or covenants in respect of which the Tenant has made default or make payment of the amounts the Tenant has failed to pay, and all costs and expenses incurred by the Landlord in the observance or performance of such covenant or covenants, including, without limitation, legal costs on a solicitor-client basis, and any amounts so paid by the Landlord will bear interest at 6the Prime Rate plus 10% p.a. from the date such amounts are paid until repaid by the Tenant to the Landlord, and will be a charge on the Restaurant Premises in favour of the Landlord in priority to the interest of the Tenant hereunder and of any person claiming through or under the Tenant, and all such costs, expenses, and amounts and interest thereon will be payable forthwith by the Tenant to the Landlord, and the Tenant covenants to pay the same forthwith on demand by the Landlord, and the same will be treated as Additional Rent due and payable to the Landlord hereunder, and the Landlord will have the same rights and remedies and may take the same steps for recovery thereof as for the recovery of Additional Rent in arrears. If the Tenant will in good faith dispute the amount or propriety of any such claim made upon it and if in the Landlord’s opinion forfeiture of or the registration of a lien against the Property will not result from non-payment, then the Landlord will not pay the same until such dispute has been resolved either by agreement of the Tenant or by the decision of a competent authority, and then only in the event that the Tenant has failed for 10 days or more to make payment of the same.