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

Tenant’s Failure to Perform. If Tenant fails to 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 thirty (30) days after written notice from Landlord (or a reasonable period of less than thirty (30) days when life, person or property is in 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 a cure, and without waiving or releasing Tenant from any of Tenant’s obligations, make any such payment or perform any such other act. All sums paid by Landlord and all reasonable incidental costs, including without limitation the cost of repair, maintenance or restoration of the Premises 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 payment by Landlord until the date of repayment by Tenant to Landlord, shall be payable to Landlord within thirty (30) days after receipt of invoice by Tenant. Notwithstanding the foregoing, if any such failure cannot reasonably be remedied within thirty (30) days after notice of 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 continues 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. The rights and remedies granted to Landlord under this Section 23 shall be in addition to and not in lieu of all other remedies, if any, available to Landlord under this Lease or otherwise, and nothing herein contained shall be construed to limit such other remedies of Landlord with respect to any matters covered herein.

Tenant’s Failure to Perform. If Tenant fails to 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 thirty ten (3010) days after written notice from Landlord (or a reasonable period of less than thirty ten (3010) days when life, person or property is in 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 a cure), and without waiving or releasing Tenant from any of Tenant’s 's obligations, make any such payment or perform any such other act. All sums paid by Landlord and all reasonable incidental costs, including without limitation the cost of repair, maintenance or restoration of the Premises 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 payment by Landlord until the date of repayment by Tenant to Landlord, shall be payable to Landlord within thirty fifteen (3015) days after receipt of invoice by Tenant. Notwithstanding the foregoing, if any such failure cannot reasonably be remedied within thirty (30) days after notice of 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 continues 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. The rights and remedies granted to Landlord under this Section 23 shall be in addition to and not in lieu of all other remedies, if any, available to Landlord under this Lease or otherwise, and nothing herein contained shall be construed to limit such other remedies of Landlord with respect to any matters covered herein.

Tenant’s Failure to Perform. If during the Term Tenant fails to 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 thirty (30) days after written notice from Landlord (or a reasonable period of less than thirty (30) days when life, person or property is in jeopardy, provided that in all other cases Tenant shall be given 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) after all required notice and cure time periods have expired without a cure or commencement of a cure), and without waiving or releasing Tenant from any of Tenant’s 's obligations, make any such payment or perform any such other act. All sums paid by Landlord and all reasonable incidental costs, including without limitation the cost of repair, maintenance or restoration of the Premises 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 payment by Landlord until the date of repayment by Tenant to Landlord, shall be payable to Landlord within thirty fifteen (3015) days after receipt of invoice by Tenant. Notwithstanding the foregoing, if any such failure cannot reasonably be remedied within thirty (30) days after notice of 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 continues 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. The rights and remedies granted to Landlord under this Section 23 shall be in addition to and not in lieu of all other remedies, if any, available to Landlord under this Lease or otherwise, and nothing herein contained shall be construed to limit such other remedies of Landlord with respect to any matters covered herein.