Common use of Failure to Construct Clause in Contracts

Failure to Construct. Without limiting any other right or remedy of Landlord under the Lease, if for any reason or under any contingency the General Contractor or any Major Subcontractor shall default under a Construction Contract, fail to commence, or abandon construction of, the 2002 Project, or fail to complete the 2002 Project within the maximum construction time in accordance with the terms of the Construction Contracts, then in any such event, without the need of any demand by Landlord, Tenant shall assume all responsibility for and control over the construction, performance and completion of the 2002 Project and shall cause the 2002 Project to be fully completed in accordance with this Work Letter on or before the Outside Completion Date (subject only to the performance by Landlord of its obligations under this Section 3 and Unavoidable Delays), other than Punch List Items. Without limiting any other right or remedy of Landlord under the Lease, if Tenant fails to cause the 2002 Project to be completed in accordance with the 2002 Project Plans prior to the Outside Completion Date other than the Punch List Items, Landlord, at Landlord's option, shall have the right to complete the 2002 Project in accordance with the 2002 Project Plans and expend such sums as Landlord reasonably deems proper in order so to complete the 2002 Project. The amount of any and all expenditures made by Landlord pursuant to this clause (b) which, when combined with all 2002 Project Costs previously funded by Landlord, are in excess of Landlord's Maximum Cost, shall be immediately due and payable by Tenant to Landlord as an Additional Charge, together with interest thereon from the date of such expenditure to the date paid by Tenant at the Overdue Rate (but in no event greater than the maximum rate of interest then permitted by law). Said interest shall accrue on a daily basis. Upon any assumption by Landlord of the obligation to complete the 2002 Project as provided herein, Tenant shall forthwith surrender and deliver to Landlord, or Landlord's designee, any funds which have been received from Landlord but have not been disbursed by Tenant, and all records, plans, specifications, permits and other governmental approvals, purchase agreements, contracts, receipts for deposits, unpaid bills and all other records, papers and documents in the possession of Tenant relating to the 2002 Project.

Failure to Construct. Without limiting any other right or remedy ---------------------- of Landlord under the Lease, if for any reason or under any contingency the General Contractor or any Major Subcontractor contractor shall default under a Construction Contract, fail to commence, or abandon construction of, the 2002 Capital Renovation Project, or fail to complete the 2002 Capital Renovation Project within the maximum construction time in accordance with the terms of the Construction Contracts, then in any such event, without the need of any demand by Landlord, Tenant shall assume all responsibility for and control over the construction, performance and completion of the 2002 Capital Renovation Project and shall cause the 2002 Capital Renovation Project to be fully completed in accordance with this Work Letter on or before the Outside Completion Date (subject only to the performance by Landlord of its obligations under this Section 3 and Unavoidable Delays)Date, other than Punch List Items. Without limiting any other right or remedy of Landlord under the Lease, if Tenant fails to cause complete the 2002 Capital Renovation Project to be completed in accordance with the 2002 Project Capital Renovation Plans prior to the Outside Completion Date other than the Punch List Items, Landlord, at Landlord's option, shall have the right to complete the 2002 Capital Renovation Project in accordance with the 2002 Project Capital Renovation Plans and expend such sums as Landlord reasonably deems proper in order so to complete the 2002 Capital Renovation Project. The amount of any and all expenditures made by Landlord pursuant to this clause (b) which, when combined with all 2002 Capital Renovation Project Costs previously funded by Landlord, are in excess of Landlord's Maximum Cost, shall be immediately due and payable by Tenant to Landlord as an Additional Charge, together with interest thereon from the date of such expenditure to the date paid by Tenant at the Overdue Rate (but in no event greater than the maximum rate of interest then permitted by law). Said interest shall accrue on a daily basis. Upon any assumption by Landlord of the obligation to complete the 2002 Capital Renovation Project as provided herein, Tenant shall forthwith surrender and deliver to Landlord, or Landlord's designee, any funds which have been received from Landlord but have not been disbursed by Tenant▇▇▇▇▇▇, and all records, plans, specifications, permits and other governmental approvals, purchase agreements, contracts, receipts for deposits, unpaid bills and all other records, papers and documents in the possession of Tenant relating to the 2002 Capital Renovation Project.

Failure to Construct. Without limiting any other right or remedy of Landlord under the Lease, if If for any reason or under any contingency the General Contractor or any Major Subcontractor contractor shall default under a Construction Contract, fail to commence, or abandon construction of, the 2002 Capital Addition Project, or fail to complete the 2002 Capital Addition Project within the maximum construction time in accordance with the terms of the Construction Contracts, then in any such event, without the need of any demand by LandlordLessor, Tenant Lessee shall assume from such contractor(s) all responsibility for and control over the construction, performance perfoiniance and completion of the 2002 Capital Addition Project and shall cause the 2002 Capital Addition Project to be fully completed in accordance with this Work Letter on or before the Outside Completion Date (subject only to the performance by Landlord of its obligations under this Section 3 and Unavoidable Delays)Date, other than Punch List Items. Without limiting any other right or remedy of Landlord Lessor under the Lease, if Tenant Lessee fails to cause complete the 2002 Capital Addition Project to be completed in accordance with the 2002 Project Capital Addition Plans prior to the Outside Completion Date other than the Punch List Items, LandlordLessor, at LandlordLessor's option, shall have the right to complete the 2002 Capital Addition Project in accordance with the 2002 Project Capital Addition Plans and expend such sums as Landlord Lessor reasonably deems proper in order so to complete the 2002 Capital Addition Project. The amount of any and all expenditures made by Landlord Lessor pursuant to this clause (b) which, when combined with all 2002 Capital Addition Project Costs previously funded by LandlordLessor, are in excess of LandlordLessor's Maximum Cost, shall be immediately due and payable by Tenant Lessee to Landlord Lessor upon five (5) Business Days' notice by Lessor as an Additional Charge, together with interest thereon from the date of such expenditure to the date paid by Tenant Lessee at the Overdue Rate (but in no event greater than the maximum rate of interest then permitted by law). Said interest shall accrue on a daily basis. Upon any assumption by Landlord Lessor of the obligation to complete the 2002 Capital Addition Project as provided herein, Tenant Lessee shall forthwith surrender and deliver to LandlordLessor, or LandlordLessor's designee, any funds which have been received from Landlord Lessor but have not been disbursed by TenantLessee, and all records, plans, specifications, permits and other governmental approvals, purchase agreements, contracts, receipts for deposits, unpaid bills and all other records, papers and documents in the possession of Tenant Lessee relating to the 2002 Capital Addition Project.

Failure to Construct. Without limiting any other right or remedy of Landlord under the Lease, if If for any reason or under any contingency the General Contractor or any Major Subcontractor shall default under a Construction Contract, fail to commence, or abandon construction of, the 2002 ProjectCapital Projects, or fail to complete the 2002 Project Capital 11 12 Projects within the maximum construction time in accordance with the terms of the Construction Contracts, then in any such event, without the need of any demand by LandlordLessor, Tenant Lessee shall assume all responsibility for and control over the construction, performance and completion of the 2002 Project Capital Projects and shall cause the 2002 Project Capital Projects to be fully completed in accordance with this Work Letter the Lease, as hereby amended, on or before the Outside Completion Date (subject only to the performance by Landlord of its obligations under this Section 3 and Unavoidable Delays)Date, other than Punch List Items. Without limiting any other right or remedy of Landlord under the Lease, if Tenant If Lessee fails to cause complete the 2002 Project to be completed Capital Projects in accordance with the 2002 Project Plans prior to the Outside Completion Date other than the Punch List Items, LandlordLessor, at LandlordLessor's option, shall have the right to complete the 2002 Project Capital Projects in accordance with the 2002 Project Plans and expend such sums as Landlord Lessor reasonably deems proper in order so to complete the 2002 ProjectCapital Projects. The amount of any and all expenditures made by Landlord Lessor pursuant to this clause (bii) which, when combined with all 2002 Project Costs previously funded by LandlordLessor, are in excess of LandlordLessor's Maximum Cost, shall be immediately due and payable by Tenant Lessee to Landlord Lessor as an Additional Charge, together with interest thereon from the date of such expenditure to the date paid by Tenant Lessee at a daily rate equal to Two Percent (2%) above the Overdue Prime Rate (but in no event greater than the maximum rate of interest then permitted by law). Said interest shall accrue on a daily basis. Upon any assumption by Landlord Lessor of the obligation to complete the 2002 Project Capital Projects as provided herein, Tenant Lessee shall forthwith surrender and deliver to LandlordLessor, or LandlordLessor's designee, any funds which have been received from Landlord Lessor but have not been disbursed by TenantLessee, and all records, plans, specifications, permits and other governmental approvals, purchase agreements, contracts, receipts for deposits, unpaid bills and all other records, papers and documents in the possession of Tenant Lessee relating to the 2002 ProjectCapital Projects.

Failure to Construct. Without limiting any other right or remedy of Landlord Lessor under the Master Lease, if for any reason after Lessee commences construction of the Arden Courts of Old Orchard Facility, Lessee abandons construction of the Arden Courts of Old Orchard Facility or under any contingency the General Contractor or any Major Subcontractor shall default under a Construction Contract, fail to commence, or abandon construction of, the 2002 Project, or fail fails to complete construction of the 2002 Project Arden Courts of Old Orchard Facility within the maximum eighteen (18) months of commencement of construction time substantially in accordance with the terms of the Construction Contracts, then in any such event, without the need of any demand by Landlord, Tenant shall assume all responsibility for Master Lease and control over the construction, performance and completion of the 2002 Project and shall cause the 2002 Project to be fully completed in accordance with this Work Letter on or before the Outside Completion Date (subject only to the performance by Landlord of its obligations under this Section 3 and Unavoidable Delays), other than Punch List Items. Without limiting any other right or remedy of Landlord under the Lease, if Tenant fails to cause the 2002 Project to be completed in accordance with the 2002 Project Plans prior to the Outside Completion Date other than the Punch List Items, LandlordAmendment, at Landlord's Lessor’s option, Lessor shall have the right to complete construction of the 2002 Project Arden Courts of Old Orchard Facility in accordance with the 2002 Project Plans approved plans and specifications and expend such sums as Landlord Lessor reasonably deems proper in order so to complete construction of the 2002 ProjectArden Courts of Old Orchard Facility. The amount of any and all expenditures made by Landlord Lessor pursuant to this clause (b) which, when combined with all 2002 Project Costs previously funded by Landlord, are in excess of Landlord's Maximum Cost, shall be immediately due and payable by Tenant Lessee to Landlord Lessor as an Additional Charge, together with interest thereon from the date of such expenditure to the date paid by Tenant Lessee at the Overdue Rate (but in no event greater than the maximum rate of interest then permitted by law). Said interest shall accrue on a daily basis. Upon any assumption by Landlord Lessor of the obligation to complete construction of the 2002 Project Arden Courts of Old Orchard Facility as provided herein, Tenant Lessee shall forthwith surrender and deliver to LandlordLessor, or Landlord's Lessor’s designee, any funds which have been received from Landlord but have not been disbursed by Tenant, and all records, plans, specifications, permits and other governmental approvals, purchase agreements, contracts, receipts for deposits, unpaid bills and all other records, papers and documents in the possession of Tenant Lessee relating to the 2002 Projectconstruction of the Arden Courts of Old Orchard Facility.