Common use of Tenant’s Failure to Perform Clause in Contracts

Tenant’s Failure to Perform. In the event that Tenant fails to do any act or make any payment or perform any term or covenant on Tenant’s part required under this Lease or otherwise fails to comply herewith, after expiration of any applicable cure period, Landlord may (at its option, but without being required to do so) immediately, or at any time thereafter and without any further notice, and without relieving Tenant of any of its obligations hereunder, perform the same on the account that Tenant has failed to do so; provided however, that it is understood that the cure period in Section 21 shall not apply with respect to (x) obligations relating to maintenance of insurance, and removing or bonding a lien, which shall be governed by Sections 7 and 9 respectively; and (y) repair of the Premises or other parts of the Property, in which case Landlord shall not exercise such right until the expiration of fifteen (15) days’ written notice from Landlord (except in the case of an emergency in which case no such notice shall be required, and immediate exercise is permitted). If Landlord makes any expenditures, or incurs any obligations for the payment of money in connection therewith, including, but not limited to, attorneys’ fees in instituting prosecuting or defending any action or proceeding, such sums paid or obligations incurred, with interest at the rate of twelve percent (12%) per annum from the date Landlord incurs such expense or cost, shall be deemed to be Additional Rent hereunder and shall be paid by Tenant to Landlord within five (5) days of rendition of any bill or statement to Tenant therefor. All rights given to Landlord in this Article shall be in addition to any other rights or remedies xx Landlord herein contained or otherwise available.

Tenant’s Failure to Perform. In the event that If Tenant fails to do pay any sum of money, other than rental, required to be paid hereunder or fails to perform any act or make any payment or perform any term or covenant on Tenant’s its part required under this Lease or otherwise fails to comply herewith, be performed hereunder and such failure shall continue for a period of thirty (30) days after expiration of any applicable cure period, Landlord may (at its option, but without being required to do so) immediately, or at any time thereafter and without any further notice, and without relieving Tenant of any of its obligations hereunder, perform the same on the account that Tenant has failed to do so; provided however, that it is understood that the cure period in Section 21 shall not apply with respect to (x) obligations relating to maintenance of insurance, and removing or bonding a lien, which shall be governed by Sections 7 and 9 respectively; and (y) repair of the Premises or other parts of the Property, in which case Landlord shall not exercise such right until the expiration of fifteen (15) days’ written notice from Landlord (except or a reasonable period of less than thirty (30) days when life, person or property is in the case jeopardy), Landlord may (but shall not be required to) after all required notice and cure time periods have expired without a cure or commencement of an emergency in which case no such notice shall be requireda cure, and immediate exercise is permitted)without waiving or releasing Tenant from any of Tenant’s obligations, make any such payment or perform any such other act. If Landlord makes any expenditures, or incurs any obligations for the payment of money in connection therewith, including, but not limited to, attorneys’ fees in instituting prosecuting or defending any action or proceeding, such All sums paid by Landlord and all reasonable incidental costs, including without limitation the cost of repair, maintenance or obligations incurred, with interest at restoration of the rate of twelve percent (12%) per annum from the date Premises if so performed by Landlord incurs such expense or costhereunder, shall be deemed to be Additional Rent hereunder and shall be paid additional rental and, together with interest thereon at the rate set forth in Section 5.02 from the date of payment by Landlord until the date of repayment by Tenant to Landlord, shall be payable to Landlord within five thirty (530) days after receipt of rendition invoice by Tenant. Notwithstanding the foregoing, if any such failure cannot reasonably be remedied within thirty (30) days after notice of any bill or statement such failure, then Tenant shall have such additional time (not to exceed an additional thirty (30) days) as shall be reasonably necessary to remedy such failure (so long as Tenant thereforcontinues to use due diligence) before Landlord can perform obligations On default in such payment, Landlord shall have the same remedies as on default in payment of rent. All The rights given and remedies granted to Landlord in under this Article Section 23 shall be in addition to any and not in lieu of all other rights remedies, if any, available to Landlord under this Lease or remedies xx Landlord otherwise, and nothing herein contained or otherwise availableshall be construed to limit such other remedies of Landlord with respect to any matters covered herein.

Tenant’s Failure to Perform. In the event that Tenant fails to do any act or make any payment or perform any term or covenant on Tenant’s 's part required under this Lease or otherwise fails to comply herewith, after expiration of any applicable cure period, . Landlord may (at its option, but without being required to do so) immediately, or at any time thereafter and without any further notice, and without relieving Tenant of ot any of its obligations hereunder, perform the same on the account that Tenant has failed to do so; provided however, that it is understood that the cure period in Section 21 shall not apply with respect to (x) obligations relating to maintenance of insurance, and removing or bonding a lienhen, which shall be governed by Sections 7 and 9 respectively; and (y) repair of the Premises or other parts of the Property, in which case Landlord shall not exercise such right until the expiration of fifteen (15) days’ ' written notice from Landlord (except in the case of an emergency in which case no such notice shall be required, and immediate exercise is permitted). If Landlord makes any expenditures, or incurs any obligations for the payment of money in connection therewith, including, but not limited to, . attorneys’ ' fees in instituting prosecuting or defending any action or proceeding, such sums paid or obligations incurred, with interest at the rate of twelve six percent (126%) per annum from the date Landlord incurs such expense or cost, shall be deemed to be Additional Rent hereunder and shall be paid by Tenant to Landlord within five (5) days of rendition of any bill or statement to Tenant therefor. All rights given to Landlord Landlxxx in this Article shall be in addition to any other rights or remedies xx of Landlord herein contained or otherwise available.

Tenant’s Failure to Perform. In the event that Tenant fails fails, after fifteen (15) days written notice from Landlord, to keep the Premises in workable, rentable condition and repair, or to commence and continuously make required repairs, or to do any act or make any payment or perform any term or covenant on Tenant’s 's part required under this Lease lease or otherwise fails to comply herewith, after expiration of any applicable cure period, Landlord may (at its option, but without being required to do so) immediately, or at any time thereafter and without any further notice, and without relieving Tenant of any of its obligations hereunder, perform the same on for the account that of Tenant (including entering the Premises at all reasonable hours to make repairs and do any act or make any payment which Tenant has failed to do so; provided howeverdo). However, Landlord agrees that it is understood that in the case of any default other than the payment of money to Landlord, Tenant shall be entitled to such additional time as may be reasonably required in order to prosecute to completion the cure period in Section 21 shall not apply with respect to (x) obligations relating to maintenance of insurance, and removing or bonding a lien, which shall be governed by Sections 7 and 9 respectively; and (y) repair of such default beyond the Premises or other parts of the Property, in which case Landlord shall not exercise such right until the expiration of aforesaid fifteen (15) days’ written notice days period and Landlord shall refrain from Landlord (except in the case of an emergency in which case no making any expenditure or otherwise incurring any obligations during such notice shall be required, and immediate exercise is permitted)additional time. If Landlord makes any expenditures, or incurs any obligations for the payment of money in connection therewith, including, but not limited to, reasonable attorneys’ ' fees in instituting instituting, prosecuting or defending any action or proceedingproceeding connected with the Lease of the Premises, such sums paid or obligations incurred, with interest at the prime rate of twelve interest plus three percent (123%) per annum from the date Landlord incurs such expense at either Maryland National Bank or costSovran Bank and costs, shall be deemed to be Additional Rent additional rent hereunder and shall be paid by Tenant to Landlord within five (5) days of rendition of any bill xxxx or statement to Tenant therefor. All rights given to Landlord in this Article section shall be in addition to any other rights right or remedies xx remedy of Landlord herein contained or otherwise availablecontained.

Tenant’s Failure to Perform. In the event that If Tenant fails to do pay any sum of money, ---------------------------- other than rental, required to be paid hereunder or fails to perform any act on its part to be performed hereunder and such failure shall continue for a period of ten (10) days (or a reasonable period of less than ten (10) days when life, person or property is in jeopardy), Landlord may (but shall not be required to), and without waiving or releasing Tenant from any of Tenant's obligations, make any such payment or perform any term such other act. All sums paid by Landlord and all reasonable incidental costs, including without limitation the cost of repair, maintenance or covenant on Tenant’s part required under this Lease or otherwise fails to comply herewith, after expiration of any applicable cure period, Landlord may (at its option, but without being required to do so) immediately, or at any time thereafter and without any further notice, and without relieving Tenant of any of its obligations hereunder, perform the same on the account that Tenant has failed to do so; provided however, that it is understood that the cure period in Section 21 shall not apply with respect to (x) obligations relating to maintenance of insurance, and removing or bonding a lien, which shall be governed by Sections 7 and 9 respectively; and (y) repair restoration of the Premises or other parts if so performed by Landlord hereunder, shall be deemed additional rental and, together with interest thereon at the rate set forth in Section 5.02 from the date of the Property, in which case payment by Landlord shall not exercise such right until the expiration date of repayment by Tenant to Landlord, shall be payable to Landlord within fifteen (15) days’ written notice from days after receipt of invoice by Tenant. On default in such payment, Landlord (except shall have the same remedies as on default in the case of an emergency in which case no such notice shall be required, and immediate exercise is permitted). If Landlord makes any expenditures, or incurs any obligations for the payment of money in connection therewith, including, but not limited to, attorneys’ fees in instituting prosecuting or defending any action or proceeding, such sums paid or obligations incurred, with interest at the rate of twelve percent (12%) per annum from the date Landlord incurs such expense or cost, shall be deemed to be Additional Rent hereunder rent. The rights and shall be paid by Tenant remedies granted to Landlord within five (5) days of rendition of any bill or statement to Tenant therefor. All rights given to Landlord in under this Article Section 23 shall be in addition to any and not in lieu of all other rights remedies, if any, available to Landlord under this Lease or remedies xx Landlord otherwise, and nothing herein contained or otherwise availableshall be construed to limit such other remedies of Landlord with respect to any matters covered herein.

Tenant’s Failure to Perform. In the event that Tenant fails to do any act or make any payment or perform any term or covenant on Tenant’s part required under this Lease or otherwise fails to comply herewith, after expiration of any applicable cure period, Landlord may (at its option, but without being required to do so) immediately, or at any time thereafter and without any further notice, and without relieving Tenant of any of its obligations hereunder, perform the same on the account that Tenant has failed to do so; provided however, that it is understood that the cure period in Section 21 shall not apply with respect to (x) obligations relating to maintenance of insurance, and removing or bonding a lien, which shall be governed by Sections 7 and 9 respectively; and (y) repair of the Premises or other parts of the Property, in which case Landlord shall not exercise such right until the expiration of fifteen (15) days’ written notice from Landlord (except in the case of an emergency in which case no such notice shall be required, and immediate exercise is permitted). If Landlord makes any expenditures, or incurs any obligations for the payment of money in connection therewith, including, but not limited to, attorneys’ fees in instituting prosecuting or defending any action or proceeding, such sums paid or obligations incurred, with interest at the rate of twelve percent (12%) per annum from the date Landlord incurs such expense or cost, shall be deemed to be Additional Rent hereunder and shall be paid by Tenant to Landlord within five (5) days of rendition of any bill xxxx or statement to Tenant therefor. All rights given to Landlord in this Article shall be in addition to any other rights or remedies xx of Landlord herein contained or otherwise available.

Tenant’s Failure to Perform. In If during the event that Term Tenant fails to do pay any ---------------------------- sum of money, other than rental, required to be paid hereunder or fails to perform any act or make any payment or perform any term or covenant on Tenant’s its part required under this Lease or otherwise fails to comply herewith, be performed hereunder and such failure shall continue for a period of thirty (30) days after expiration of any applicable cure period, Landlord may (at its option, but without being required to do so) immediately, or at any time thereafter and without any further notice, and without relieving Tenant of any of its obligations hereunder, perform the same on the account that Tenant has failed to do so; provided however, that it is understood that the cure period in Section 21 shall not apply with respect to (x) obligations relating to maintenance of insurance, and removing or bonding a lien, which shall be governed by Sections 7 and 9 respectively; and (y) repair of the Premises or other parts of the Property, in which case Landlord shall not exercise such right until the expiration of fifteen (15) days’ written notice from Landlord (except or a reasonable period of less than thirty (30) days when life, person or property is in the case of an emergency jeopardy, provided that in which case no such notice all other cases Tenant shall be requiredgiven such additional period of time beyond thirty (30) days as is necessary to cure such default if such default is not reasonably susceptible to being cured within such thirty (30) day period, provided that Tenant diligently commences such cure and diligently continues to pursue the curing of such default), Landlord may (but shall not be required to), and immediate exercise is permitted)without waiving or releasing Tenant from any of Tenant's obligations, make any such payment or perform any such other act. If Landlord makes any expenditures, or incurs any obligations for the payment of money in connection therewith, including, but not limited to, attorneys’ fees in instituting prosecuting or defending any action or proceeding, such All sums paid by Landlord and all reasonable incidental costs, including without limitation the cost of repair, maintenance or obligations incurred, with interest at restoration of the rate of twelve percent (12%) per annum from the date Premises if so performed by Landlord incurs such expense or costhereunder, shall be deemed to be Additional Rent hereunder and shall be paid additional rental and, together with interest thereon at the rate set forth in Section 5.02 from the date of payment by Landlord until the date of repayment by Tenant to Landlord, shall be payable to Landlord within five fifteen (515) days after receipt of rendition invoice by Tenant. On default in such payment, Landlord shall have the same remedies as on default in payment of any bill or statement to Tenant thereforrent. All The rights given and remedies granted to Landlord in under this Article Section 23 shall be in addition to any and not in lieu of all other rights remedies, if any, available to Landlord under this Lease or remedies xx Landlord otherwise, and nothing herein contained or otherwise availableshall be construed to limit such other remedies of Landlord with respect to any matters covered herein.