AND EXCEPT FOR A DEFAULT ARISING WITH RESPECT TO THE COMMON
ELEMENTS, NO DEFAULT BY A TENANT UNDER A SEVERANCE SUBLEASE SHALL OF ITSELF
CONSTITUTE A DEFAULT BY ANY OTHER TENANT UNDER THE SEVERANCE SUBLEASES.
(B)
EACH TENANT UNDER A SEVERANCE SUBLEASE SHALL BE JOINTLY AND
SEVERALLY OBLIGATED WITH RESPECT TO ALL DEFAULTS ARISING WITH RESPECT TO THE
COMMON ELEMENTS (IT BEING ACKNOWLEDGED THAT THE SUMS SET FORTH IN
SECTION 14.1(B) HEREOF FOR SUCH DEFAULTS PER DAY SHALL BE CALCULATED WITHOUT
REGARD TO THE NUMBER OF TENANTS UNDER THE SEVERANCE SUBLEASES).
LANDLORD SHALL
EXERCISE ITS RIGHTS AND REMEDIES UNDER THIS ARTICLE XIV IN RESPECT OF A DEFAULT
RELATING TO THE COMMON ELEMENTS SIMULTANEOUSLY AGAINST ALL TENANTS UNDER THE
SEVERANCE SUBLEASES; PROVIDED, HOWEVER, THAT LANDLORD'S RIGHTS AND REMEDIES
HEREUNDER IN RESPECT OF TENANT SHALL NOT BE DECREASED OR IN ANY OTHER WAY
IMPAIRED, AND LANDLORD SHALL NOT BE PREVENTED FROM DOING SO BY REASON OF ANY BAR
(BY AUTOMATIC STAY OR COURT ORDER) BY REASON OF OR IN CONNECTION WITH THE
BANKRUPTCY OR INSOLVENCY OF ANY OTHER TENANT UNDER A SEVERANCE SUBLEASE OR
PROCEEDINGS IN RESPECT THEREOF.
120
ARTICLE XV
LANDLORD'S RIGHT TO PERFORM
SECTION 15.1
RIGHT TO PERFORM.
IF TENANT SHALL FAIL
TO PAY ANY IMPOSITION OR CHARGES OR MAKE ANY OTHER PAYMENT REQUIRED TO BE MADE
UNDER THIS LEASE OR SHALL DEFAULT IN THE PERFORMANCE OF ANY OTHER OBLIGATIONS OF
TENANT HEREIN CONTAINED, LANDLORD, WITHOUT BEING UNDER ANY OBLIGATION TO DO SO
AND WITHOUT THEREBY WAIVING SUCH DEFAULT, MAY MAKE SUCH PAYMENT AND/OR REMEDY
SUCH OTHER DEFAULT FOR THE ACCOUNT AND AT THE EXPENSE OF TENANT, (A) IMMEDIATELY
AND WITHOUT NOTICE IN THE CASE OF ANY FAILURE TO PAY ANY IMPOSITION OR ANY OTHER
AMOUNT DUE A THIRD PARTY, IF SUCH FAILURE WOULD RESULT IN THE CREATION OF A LIEN
ON THE DEMISED PREMISES AND/OR THE COMMON ELEMENTS OR ANY PART THEREOF OR ANY
LOSS OR IMPAIRMENT OF LANDLORD'S ESTATE HEREUNDER OR IN AND TO THE DEMISED
PREMISES AND/OR THE COMMON ELEMENTS, OR IN THE CASE OF ANY FAILURE TO PERFORM
ANY OF TENANT'S OBLIGATIONS HEREUNDER WHICH CREATES AN IMMINENT THREAT TO PUBLIC
HEALTH OR SAFETY, OR (B) IN ANY OTHER CASE, ONLY AFTER (I) LANDLORD SHALL HAVE
NOTIFIED TENANT ONCE OF SUCH DEFAULT OR FAILURE AND TENANT SHALL HAVE FAILED TO
MAKE SUCH PAYMENT OR REMEDY SUCH DEFAULT WITHIN THE APPLICABLE GRACE PERIOD
UNDER THIS LEASE, AND (II) LANDLORD SHALL HAVE NOTIFIED TENANT A SECOND TIME AND
TENANT SHALL HAVE FAILED TO MAKE SUCH PAYMENT OR REMEDY SUCH DEFAULT WITHIN TEN
(10) BUSINESS DAYS FOLLOWING SUCH SECOND NOTICE; PROVIDED, HOWEVER, WITH RESPECT
TO ANY DEFAULT COVERED BY CLAUSE (B) ABOVE, LANDLORD SHALL NOT BE ENTITLED TO
REMEDY THE SAME IF AND FOR SO LONG AS TENANT HAS COMMENCED AND THEREAFTER
DILIGENTLY AND WITH CONTINUITY PROSECUTES TO COMPLETION ALL STEPS NECESSARY TO
REMEDY SUCH DEFAULT.
IN FURTHERANCE OF ITS RIGHTS HEREUNDER, IN THE EVENT OF AN
IMMINENT THREAT TO HUMAN LIFE OR SAFETY, LANDLORD SHALL HAVE THE RIGHT