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

RIGHT OF LANDLORD TO PERFORM TENANT'S COVENANTS. SECTION 15.1 Landlord shall have the right at any time, after five (5) days' notice (which notice may be by facsimile) to Tenant (or without notice in case of emergency or in case any fine, penalty, interest or cost may otherwise be imposed or incurred on or by Landlord), but no earlier than the expiration of the applicable cure period hereunder (except in the case of emergency or in case any fine, penalty, interest or cost may otherwise be imposed or incurred on or by Landlord), to make any payment or perform any act required of Tenant under this Lease, and in exercising such right, to incur necessary and reasonable incidental costs and expenses, including fees and charges of counsel, accountants, appraisers, architects and engineers. Nothing herein shall imply any obligation on the part of Landlord to make any payment or perform any act required of Tenant, and the exercise of the right so to do shall not constitute a release of any obligation or a waiver of any Default. SECTION 15.2 All payments made by Landlord and all reasonable costs and expenses incurred by Landlord in connection with any exercise of such right, together with interest at the Interest Rate from the respective dates of the making of such payments or the incurring of such costs and expenses, shall be payable to Landlord by Tenant within ten (10) days after demand. All sums which may become payable to Landlord by Tenant pursuant to this ARTICLE 15 shall be deemed Additional Rent hereunder and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment of any such sums by Tenant as in the cases of default by Tenant in the payment of Fixed Rent or other Additional Rent.

RIGHT OF LANDLORD TO PERFORM TENANT'S COVENANTS. SECTION 15.1 Landlord shall have the right If at any time, after five (5) days' notice (which notice may and so often as it shall happen, the Tenant shall make default in the observance or performance of any covenant herein contained on its part to be by facsimile) to Tenant (observed or without notice in case of emergency or in case any fineperformed, penalty, interest or cost may otherwise be imposed or incurred on or by Landlord)then the Landlord may, but no earlier than shall not be obligated so to do, without waiving or releasing the expiration of the applicable cure period hereunder (except in the case of emergency or in case any fine, penalty, interest or cost may otherwise be imposed or incurred on or by Landlord), to make any payment or perform any act required of Tenant from its obligations under this Lease, itself observe and perform the covenant or covenants in exercising such right, respect of which the Tenant has made default or make payment of the monies the Tenant has failed to incur necessary and reasonable incidental costs and expenses, including fees and charges of counsel, accountants, appraisers, architects and engineers. Nothing herein shall imply any obligation on the part of Landlord to make any payment or perform any act required of Tenant, pay and the exercise of the right so to do following shall not constitute a release of any obligation or a waiver of any Default.apply: SECTION 15.2 All payments made by Landlord and (a) all reasonable costs and expenses incurred by the Landlord in connection with the observance or performance of that covenant or covenants including, but not limiting the generality of the foregoing, legal costs as between solicitor and client and any exercise of such rightmonies so paid by the Landlord shall, together with interest at the Interest Rate thereon from the respective dates date of the making of such payments or the incurring of such those costs or expenses or payments, of monies at a rate equal to three percent (3%) per annum above the prevailing prime rate then being published by the Landlord’s bankers, be a charge on the Leased Premises in favour of the Landlord in priority to the interest of the Tenant hereunder and expensesof any person claiming through or under the Tenant; . (b) all those costs, expenses and monies and interest thereon shall be payable immediately by the Tenant to Landlord the Landlord; (c) the Tenant covenants to pay the monies immediately on demand by Tenant within ten the Landlord; (10d) days after demand. All sums which may become the monies shall be treated as Additional Rental due and payable to the Landlord by Tenant pursuant to this ARTICLE 15 shall be deemed Additional Rent hereunder and hereunder; (e) the Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies and may take the same steps for recovery thereof as for the recovery of Additional Rental in arrears, provided, and it is expressly understood and agreed that if: (i) the event of the non-Tenant shall fail to make payment of any such sums monies demanded of the Tenant; (ii) the Tenant shall in good faith dispute the amount or propriety of any claim made upon him; and (iii) forfeiture of or the registration of a lien against the Property shall not result from non-payment, then the Landlord shall not pay the same until that dispute has been resolved either by agreement of the Tenant as in or by the cases decision of default by a competent authority, and then only if the Tenant in the payment has failed for a space of Fixed Rent sixty (60) days or other Additional Rentmore to make payment.

RIGHT OF LANDLORD TO PERFORM TENANT'S COVENANTS. SECTION 15.1 Landlord shall have the right at any time, after five (5) days' notice (which notice may be by facsimile) to Tenant (or without notice in 15.1. In case of emergency or in case any fine, penalty, interest or cost may otherwise be imposed on or incurred on or by Landlord), but no earlier than the expiration of Landlord shall have the applicable cure period hereunder (except in right at any time, with such notice as may be reasonable under the case of emergency or in case any fine, penalty, interest or cost may otherwise be imposed or incurred on or by Landlord)circumstances, to make any payment or perform any act required of the Tenant under this Lease. Furthermore, if Tenant has failed to make any payment or perform any act required to be made or performed by Tenant under this Lease and, as a result of such failure, there has occurred an Event of Default and any period of time allowed under this Lease for Tenant to cure such failure has expired, the Landlord shall have the right at any time to make any such payment or perform any such act. In exercising any right described in exercising such rightthe preceding two sentences, to Landlord may incur necessary and reasonable incidental costs and expenses, including reasonable fees and charges expenses of third party counsel, accountants, appraisers, architects and engineers. Nothing herein shall imply any obligation on the part of the Landlord to make any payment or perform any act required of the Tenant, and the exercise of the right so to do shall not constitute a release of any obligation or a waiver of any Default. SECTION 15.2 15.2. All payments made by the Landlord and all reasonable costs and expenses incurred by the Landlord in connection with any exercise of such rightthe rights described in Section 15.1, together with interest at the Interest Default Rate from the respective dates of the making of such payments or the incurring of such costs and expenses, shall be payable to the Landlord by the Tenant within ten (10) 10 days after demanddemand therefor accompanied by evidence reasonably establishing that the expenditure has been made. All sums which may become payable to Landlord by Tenant pursuant to this ARTICLE 15 Article shall be deemed Additional Rent hereunder and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment of any such sums by Tenant as in the cases of default by Tenant in the payment of Fixed Rent or other Additional Renthereunder.

RIGHT OF LANDLORD TO PERFORM TENANT'S COVENANTS. SECTION 15.1 All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of Rent except as otherwise expressly provided herein. If Tenant shall fail to pay any sum of money, other than Base Rent and Basic Operating Cost, required to be paid by Tenant hereunder or shall fail to perform any other act on Tenant's part to be performed hereunder, and such failure shall continue for thirty (30) days after notice thereof by Landlord shall have (provided, however, that if any such failure cannot be cured through the right at any time, after five exercise of reasonable diligence within thirty (530) days' notice , Tenant shall be entitled to such additional time as is reasonably necessary to cure such failure so long as Tenant commences its curative efforts within such thirty (which notice may be by facsimile30) day period and diligently prosecutes same to Tenant (or without notice in case of emergency or in case any fine, penalty, interest or cost may otherwise be imposed or incurred on or by Landlordcompletion), Landlord may, but no earlier than the expiration shall not be obligated to do so, and without waiving or releasing Tenant from any obligation of the applicable cure period hereunder (except in the case of emergency or in case any fineTenant, penalty, interest or cost may otherwise be imposed or incurred on or by Landlord), to make any such payment or perform any such act required of Tenant under this Leaseon Tenant's part to be made or performed. All sums, and in exercising such right, to incur necessary and reasonable incidental costs and expenses, including fees and charges of counsel, accountants, appraisers, architects and engineers. Nothing herein shall imply any obligation on the part of Landlord to make any payment or perform any act required of Tenant, and the exercise of the right so to do shall not constitute a release of any obligation or a waiver of any Default. SECTION 15.2 All payments made paid by Landlord and all reasonable necessary incidental costs and expenses incurred by Landlord in connection with any exercise of such right, together with interest thereon at the Applicable Interest Rate from the respective dates of the making date of such payments or the incurring of such costs and expenses, payment by Landlord shall be payable to Landlord by on demand, and Tenant within ten (10) days after demand. All sums which may become payable covenants to Landlord by Tenant pursuant to this ARTICLE 15 shall be deemed Additional Rent hereunder pay such sums, and Landlord shall have (have, in addition to any other right or remedy of Landlord) , the same rights right and remedies in the event of the non-payment of any such sums thereof by Tenant as in the cases case of default by Tenant in the payment of Fixed Base Rent or other Additional Rentand Basic Operating Cost.