Common use of Right of Lessor to Perform Clause in Contracts

Right of Lessor to Perform. Except as otherwise contained herein, or unless otherwise agreed to in writing by the parties, all covenants and agreements to be performed by Lessee under any of the terms of this Lease shall be performed by Lessee at Lessee's sole cost and expense and without abatement of rent. If the Lessee shall fail to pay any sum of money, other than rent, required to be paid by it hereunder, or shall fail to perform any other act on its part to be performed hereunder and such failures shall continue for twenty (20) days after notice thereof by the Lessor, the Lessor may, but shall not be obligated to do so, and without waiving or releasing the Lessee from any obligations of the Lessee, make any such payment or perform any such other act on the Lessee's part to be made or performed as in this Lease provided. All sums so paid by Lessor and all necessary incidental costs together with interest thereon at the rate of eighteen percent (18%) per annum, or the prime interest rate as charged by Citibank of New York plus six percent (6%), whichever interest rate is greater, from the date of such payment by the Lessor shall be payable to the Lessor by Lessee on demand, and the Lessee covenants to pay such sums, and the Lessor shall have (in addition to any other right or remedy of the Lessor) the same rights and remedies in the event of the nonpayment thereof by the Lessee as in the case of default by the Lessee in the payment of rent.

Right of Lessor to Perform. Except as otherwise contained herein, or unless otherwise agreed to in writing by the parties, all All covenants and agreements to be performed by Lessee under any of the terms of this Lease shall be performed by Lessee at Lessee's sole cost and expense and without any abatement of rentRent, except as otherwise provided herein. If the Lessee shall fail to pay any sum of money, money (other than rent, Rent due Lessor) required to be paid by it hereunder, hereunder or shall fail to perform any other act on its part to be performed hereunder and such failures shall continue for twenty (20) days after notice thereof by the Lessorhereunder, including, but not limited to, the failure to commence and complete repairs promptly and adequately, and the failure to remove any liens or otherwise to perform any act or fulfill any obligation required of Lessee under this Lease within any applicable notice and cure periods provided herein, Lessor may, but shall not be obligated to do so, and without waiving or releasing the Lessee from any obligations of the Lessee, make any such payment or perform any such other act on the Lessee's part to be made or performed as in this Lease provided. All sums so paid by Lessor and all necessary incidental costs costs, together with an administrative charge in the amount of five percent (5%) of any costs incurred by Lessor, and interest thereon at the maximum rate of eighteen percent (18%) per annum, or the prime interest rate as charged annum then permitted by Citibank of New York plus six percent (6%), whichever interest rate is greater, law accruing from the date which is ten (10) days following Lessee's receipt of such payment written notice that same has been paid or incurred by the Lessor until reimbursed to Lessor by Lessee, shall be payable to the Lessor by Lessee on demand, as Rent within thirty (30) days following Lessee's receipt of written demand and the Lessee covenants to pay all such sums, and the . Lessor shall have (in addition to any other right or remedy of the Lessor) the same rights and remedies in the event of the nonpayment thereof by the Lessee Lessee's non payment of such sums, as in the case of default by the Lessee in the payment of rent.Rent to Lessor. ARTICLE 8

Right of Lessor to Perform. Except as otherwise contained herein, or unless otherwise agreed to in writing by the parties, all All covenants and agreements to be performed by Lessee under any of the terms of this Lease shall be performed by Lessee at Lessee's sole cost and expense and without any abatement of rentRent, except as otherwise provided herein. If the Lessee shall fail to pay any sum of money, money (other than rent, Rent due Lessor) required to be paid by it hereunder, hereunder or shall fail to perform any other act on its part to be performed hereunder and such failures shall continue for twenty (20) days after notice thereof by the Lessorhereunder, including, but not limited to, the failure to commence and complete repairs promptly and adequately, and the failure to remove any liens or otherwise to perform any act or fulfill any obligation required of Lessee under this Lease within any applicable notice and cure periods provided herein, Lessor may, but shall not be obligated to do so, and without waiving or releasing the Lessee from any obligations of the Lessee, make any such payment or perform any such other act on the Lessee's part to be made or performed as in this Lease provided. All sums so paid by Lessor and all necessary incidental costs costs, together with an administrative charge in the amount of five percent (5%) of any costs incurred by Lessor, and interest thereon at the maximum rate of eighteen percent (18%) per annum, or the prime interest rate as charged annum then permitted by Citibank of New York plus six percent (6%), whichever interest rate is greater, law accruing from the date which is ten (10) days following Lessee's receipt of such payment written notice that same has been paid or incurred by the Lessor until reimbursed to Lessor by Lessee, shall be payable to the Lessor by Lessee on demand, as Rent within thirty (30) days following Lessee's receipt of written demand and the Lessee covenants to pay all such sums, and the . Lessor shall have (in addition to any other right or remedy of the Lessor) the same rights and remedies in the event of the Lessee's nonpayment thereof by the Lessee of such sums, as in the case of default by the Lessee in the payment of rentRent to Lessor.

Right of Lessor to Perform. Except as otherwise contained herein, or unless otherwise agreed to in writing by the parties, all All covenants and agreements to be performed by Lessee under any of the terms of this Lease shall be performed by Lessee at Lessee's sole cost and expense and without any abatement of rentRent, except as otherwise provided herein. If the Lessee shall fail to pay any sum of money, money (other than rent, Rent due Lessor) required to be paid by it hereunder, hereunder or shall fail to perform any other act on its part to be performed hereunder and such failures shall continue for twenty (20) days after notice thereof by the Lessorhereunder, including, but not limited to, the failure to commence and complete repairs promptly and adequately, and the failure to remove any liens or otherwise to perform any act or fulfill any obligation required of Lessee under this Lease within any applicable notice and cure periods provided herein, Lessor may, but shall not be obligated to do so, and without waiving or releasing the Lessee from any obligations of the Lessee, make any such payment or perform any such other act on the Lessee's part to be made or performed as in this Lease provided. All sums so paid by Lessor and all necessary incidental costs costs, together with an administrative charge in the amount of five percent (5%) of any costs incurred by Lessor, and interest thereon at the maximum rate of eighteen percent (18%) per annum, or the prime interest rate as charged annum then permitted by Citibank of New York plus six percent (6%), whichever interest rate is greater, law accruing from the date which is ten (10) days following Lessee's receipt of such payment written notice that same has been paid or incurred by the Lessor until reimbursed to Lessor by Lessee, shall be payable to the Lessor by Lessee on demand, as Rent within thirty (30) days following Lessee's receipt of written demand and the Lessee covenants to pay all such sums, and the . Lessor shall have (in addition to any other right or remedy of the Lessor) the same rights and remedies in the event of the nonpayment thereof by the Lessee Lessee's non-payment of such sums, as in the case of default by the Lessee in the payment of rentRent to Lessor.

Right of Lessor to Perform. Except as otherwise contained herein, or unless otherwise agreed to in writing by the parties, all covenants and agreements to be performed by Lessee under any of the terms of this Lease shall be performed by Lessee at Lessee's sole cost Covenants --------------------------------------------- If at any time, and expense and without abatement of rent. If so often as the same shall happen, the Lessee shall fail to pay make default in the observance or performance of any sum of money, other than rent, required to be paid by it hereunder, or shall fail to perform any other act covenant contained herein on its part to be observed or performed hereunder and has not cured such failures shall continue for twenty (20) days after default following written notice thereof by the Lessorpursuant to Section 11.1 hereof, then the Lessor may, but shall not be obligated so to do sodo, and without waiving or releasing the Lessee from any its obligations under this Lease, itself observe and perform the covenant or covenants in respect of which the Lessee has made default or make payment of the Lessee, make monies the Lessee has failed to pay; and all costs and expenses incurred by the Lessor in the observance or performance of such covenant or covenants including without limitation reasonable legal costs as between solicitor and own client and any such payment or perform any such other act on the Lessee's part to be made or performed as in this Lease provided. All sums moneys so paid by the Lessor and all necessary incidental costs together will, with interest thereon at the rate of eighteen percent (18%) per annum, or the prime interest rate as charged by Citibank of New York plus six percent (6%), whichever interest rate is greater, from the date of the incurring of such payment costs or expenses or payments of monies, at a rate equal to 3% per annum above the prevailing prime commercial lending rate then being published by any Canadian chartered bank designated by the Lessor, shall be a charge on the Demised Premises in favour of the Lessor in priority to the interest of the Lessee hereunder and of any person claiming through or under the Lessee, and all such costs, expenses and monies and interest thereon shall be payable by the Lessee to the Lessor by Lessee forthwith on demand, and the Lessee covenants to pay such sums, and the demand as Additional Rent. The Lessor shall have (in addition to any other right or remedy of the Lessor) the same rights and remedies and may take the same steps for recovery thereof as for the recovery of Rent in the event of the nonpayment thereof by the Lessee as in the case of default by the Lessee in the payment of rentarrears.

Right of Lessor to Perform. Except as otherwise contained herein, or unless otherwise agreed to in writing by the parties, all All covenants and agreements to be performed by the Lessee under any of the terms of this Lease shall be performed by the Lessee at Lessee's ’s sole cost and expense and without any abatement of rent. If the Lessee shall fail fails to pay any sum of money, other than rent, required to be paid by it hereunder, or shall fail fails to perform any other act on its part to be the performed hereunder hereunder, and such failures shall continue failure continues for twenty thirty-one (2031) days after notice thereof by the Lessor, the Lessor may, but shall not be obligated to do so, and without waiving or releasing the Lessee from any obligations of the Lesseeobligated, make any such payment payments or perform any such other act on the Lessee's ’s part to be made or performed as in this Lease provided. Lessee’s obligations shall not be waived by Lessor’s exercise of this option. All sums so paid by the Lessor and all necessary incidental costs together with interest thereon at the rate of eighteen one and one-half percent (181 ½ %) per annum, or the prime interest rate as charged by Citibank of New York plus six percent (6%), whichever interest rate is greater, month from the date of such payment by the Lessor shall be payable to the Lessor by Lessee on demand, and demand the Lessee covenants to pay any such sums, and the Lessor shall have (in addition to any other right or remedy of the Lessor) the same rights and remedies in the event of the nonpayment thereof by the Lessee as in the case of default by the Lessee in the payment of the rent.

Right of Lessor to Perform. Except as otherwise contained herein, or unless otherwise agreed to in writing by the parties, all All covenants and agreements to be performed by Lessee under any of the terms of this Lease shall be performed by Lessee at Lessee's sole cost and expense and without any abatement of rentRent, except as otherwise provided herein. If the Lessee shall fail to pay any sum of money, money (other than rent, Rent due Lessor) required to be paid by it hereunder, hereunder or shall fail to perform any other act on its part to be performed hereunder and such failures shall continue for twenty (20) days after notice thereof by the Lessorhereunder, including, but not limited to, the failure to commence and complete repairs promptly and adequately, and the failure to remove any liens or otherwise to perform any act or fulfill any obligation required of Lessee under this Lease within any applicable notice and cure periods provided herein, Lessor may, but shall not be obligated to do so, and without waiving or releasing the Lessee from any obligations of the Lessee, make any such payment or perform any such other act on the Lessee's part to be made or performed as in this Lease provided. All sums so paid by Lessor and all necessary incidental costs costs, together with an administrative charge in the amount of five percent (5%) of any costs incurred by Lessor, and interest thereon at the maximum rate of eighteen percent (18%) per annum, or the prime interest rate as charged annum then permitted by Citibank of New York plus six percent (6%), whichever interest rate is greater, law accruing from the date which is ten (10) days following Lessee's receipt of such payment written notice that same has been paid or incurred by the Lessor until reimbursed to Lessor by Lessee, shall be payable to the Lessor by Lessee on demand, as Rent within thirty (30) days following Lessee's receipt of written demand and the Lessee covenants to pay all such sums, and the . Lessor shall have (in addition to any other right or remedy of the Lessor) the same rights and remedies in the event of the Lessee's nonpayment thereof by the Lessee of such sums, as in the case of default by the Lessee in the payment of rent.Rent to Lessor. ARTICLE 8

Right of Lessor to Perform. Except as otherwise contained herein, or unless otherwise agreed to in writing by the parties, all All covenants and agreements to be performed by Lessee under any of the terms of this Lease shall be performed by Lessee at Lessee's sole cost and expense and without any abatement of rent. If the Lessee shall fail fails to pay any sum of money, other than rent, required to be paid by it hereunder, hereunder or shall fail to perform any other act on its Lessee's part to be performed hereunder hereunder, and such failures failure shall continue for twenty ten (2010) days after notice thereof by the Lessor, the Lessor may, but shall not be obligated to do so, and without waiving or releasing the Lessee from any obligations of the LesseeLease, make any such payment or perform any such other act on the Lessee's part to be made or performed as provided in this Lease providedLease, but Lessor shall not be obligated to take any such action. All sums so paid by Lessor and all necessary incidental costs together with interest thereon at the maximum rate of eighteen percent (18%) per annum, or the prime interest rate as charged permitted by Citibank of New York plus six percent (6%), whichever interest rate is greater, law from the date of such payment by the Lessor shall be payable as additional rent to the Lessor by Lessee on demand, and the Lessee covenants to pay any such sums, and the Lessor shall have (have, in addition to any other right or remedy of the Lessor) , the same rights and remedies in the event of the nonpayment non-payment thereof by the Lessee as in the case of default by the Lessee in the payment of the rent.