PROMPTLY PAY TO LANDLORD UPON DEMAND, AS ADDITIONAL RENT, THE
REASONABLE COST THEREOF.
ARTICLE XXVII
TENANT'S RIGHT TO PERFORM LANDLORD'S OBLIGATIONS; LANDLORD'S LIABILITY
27.01
TENANT'S RIGHT TO PERFORM LANDLORD'S OBLIGATIONS.
IN THE EVENT THAT
LANDLORD FAILS TO PERFORM ANY OBLIGATION OF LANDLORD UNDER THIS LEASE, TENANT
MAY PROVIDE WRITTEN NOTICE OF SUCH FAILURE TO LANDLORD.
LANDLORD SHALL HAVE
THIRTY (30) DAYS AFTER RECEIPT OF ANY SUCH NOTICE TO CURE SUCH FAILURE, PROVIDED
THAT, IF LANDLORD HAS EXERCISED REASONABLE DILIGENCE TO CURE SUCH FAILURE OR
BREACH AND SUCH FAILURE OR BREACH CANNOT BE CURED WITHIN SUCH THIRTY (30) DAY
PERIOD DESPITE REASONABLE DILIGENCE, LANDLORD SHALL NOT BE IN DEFAULT UNDER THIS
PARAGRAPH SO LONG AS LANDLORD THEREAFTER DILIGENTLY AND CONTINUOUSLY PROSECUTES
THE CURE TO COMPLETION.
IF LANDLORD FAILS TO CURE SUCH FAILURE WITHIN THE
AFORESAID THIRTY (30) DAY (OR, IF APPLICABLE, LONGER) PERIOD, AND IF SUCH
FAILURE ON THE PART OF LANDLORD MATERIALLY IMPAIRS TENANT'S ABILITY TO CONDUCT
ITS BUSINESS OPERATIONS IN THE PREMISES OR OTHERWISE CONSTITUTES A THREAT OF
IMMINENT DAMAGE TO PERSONS OR PROPERTY, THEN TENANT SHALL HAVE THE RIGHT TO TAKE
SUCH ACTIONS AS MAY BE REASONABLY REQUIRED TO CURE SUCH FAILURE.
LANDLORD
SHALL, WITHIN THIRTY (30) DAYS FOLLOWING WRITTEN REQUEST, REIMBURSE TENANT FOR
THE ACTUAL COSTS INCURRED BY TENANT IN EFFECTUATING A CURE IN ACCORDANCE WITH
THIS PARAGRAPH XXVII.
IF LANDLORD FAILS TO DO SO, TENANT MAY PURSUE LEGAL
ACTION TO RECOVER SUCH SUM FROM LANDLORD, AND TENANT AGREES THAT IT WILL NOT
HAVE ANY RIGHT TO, AND SHALL NOT, APPLY ANY SUCH AMOUNTS AS AN OFFSET, CREDIT,
REDUCTION OR ABATEMENT AGAINST RENT OR ANY OTHER AMOUNTS DUE TO LANDLORD UNDER
THIS LEASE.
27.02
LANDLORD'S LIABILITY.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO
THE CONTRARY, IT IS SPECIFICALLY UNDERSTOOD AND AGREED THAT THERE SHALL BE NO
PERSONAL LIABILITY OF LANDLORD IN RESPECT OF ANY OF THE TERMS, COVENANTS,
CONDITIONS OR PROVISIONS OF THIS LEASE, AND IN THE EVENT OF A BREACH OR DEFAULT
BY LANDLORD OF ANY OF ITS LIABILITIES AND OBLIGATIONS UNDER THIS LEASE, TENANT
AND ANY PERSONS CLAIMING BY, THROUGH OR UNDER TENANT SHALL LOOK SOLELY TO THE
EQUITY OF THE LANDLORD IN THE PROJECT AND ALL SALE, FINANCING, CONDEMNATION,
RENT AND OTHER PROCEEDS FROM THE PROJECT FOR THE SATISFACTION OF TENANT'S AND
SUCH PERSONS' REMEDIES AND CLAIMS FOR DAMAGES.
ARTICLE XXVIII
ATTORNEYS' FEES
If either party hereto fails to perform any of its obligations under this Lease
or if any dispute arises between the parties hereto concerning the meaning or
interpretation of any
35
provision of this Lease, then the defaulting party or the party not prevailing
in such dispute, as the case may be, shall pay any and all costs and expenses
incurred by the other party on account of such default and/or in enforcing or
establishing its rights hereunder, including, without limitation, court costs
and reasonable attorneys' fees and disbursements.
Any such attorneys' fees and
other expenses incurred by either party in enforcing a judgment in its favor
under this Lease shall be