Lessor’s Right to Cure Lessee’s Default. If Lessee fails to make any payment or to perform any act required to be made or performed under this Lease, including, without limitation, Lessee’s failure to comply with the terms of any Franchise Agreement, and fails to cure the same within the relevant time periods provided in Section 16.1, Lessor, without waiving or releasing any obligation of Lessee, and without waiving or releasing any obligation or default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and at the expense of Lessee, and may, to the extent permitted by law, enter upon the Leased Property for such purpose and, subject to Section 16.4, take all such action thereon as, in Lessor’s opinion, may be necessary or appropriate therefor. No such entry shall be deemed an eviction of Lessee. All sums so paid by Lessor and all costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses, in each case to the extent permitted by law) so incurred, together with a late charge thereon (to the extent permitted by law) at the Overdue Rate from the date on which such sums or expenses are paid or incurred by Lessors, shall be paid by Lessee to Lessor on demand. The obligations of Lessee and rights of Lessor contained in this Article shall survive the expiration or earlier termination of this Lease.
Lessor’s Right to Cure Lessee’s Default. If Lessee shall fail to make any payment or to perform any act required to be made or performed hereunder, Lessor, without waiving or releasing any obligation or default, may, but shall be under no obligation to, make such payment or perform such act for the account and at the expense of Lessee, and may, to the extent permitted by law, enter upon the Leased Property and any Capital Additions for such purpose and take all such action thereon as, in Lessor’s opinion, may be necessary or appropriate therefor. No such entry shall be deemed an eviction of Lessee. All sums so paid by Lessor and all costs and expenses, including reasonable attorneys’ fees and expenses, so incurred, together with interest thereon at the Overdue Rate from the date on which such sums or expenses are paid or incurred by Lessor, shall be paid by Lessee to Lessor on demand.
Lessor’s Right to Cure Lessee’s Default. If Lessee fails to make any payment or perform any act required to be made or performed under this Lease, and fails to cure the same within any grace or cure period applicable thereto, upon such Notice as may be expressly required herein (or, if Lessor reasonably determines that the giving of such Notice would risk loss to the Leased Properties or cause damage to Lessor, upon such Notice as is practical under the circumstances), and without waiving or releasing any obligation of Lessee, Lessor may make such payment or perform such act for the account and at the expense of Lessee, and may, to the extent permitted by law, enter upon the Leased Properties for such purpose and take all such action thereon as, in Lessor's sole 48 55 opinion, may be necessary or appropriate. No such entry shall be deemed an eviction of Lessee. All amounts so paid by Lessor and all costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) so incurred, together with the late charge and interest provided for in Section 3.3 thereon, shall be paid by Lessee to Lessor on demand. The obligations of Lessee and rights of Lessor contained in this Article shall survive the expiration or earlier termination of this Lease.
Lessor’s Right to Cure Lessee’s Default. If Lessee shall fail to make any payment or to perform any material act required to be made or performed hereunder, Lessor (following the occurrence and during the continuance of any Event of Default), without waiving or releasing any obligation or default, may (upon written notice to Lessee), but shall be under no obligation to, make such payment or perform such act for the account and at the expense of Lessee, and may, to the extent permitted by law, enter upon the Leased Property and any Capital Addition, during normal business hours and upon prior notice to Lessee (except in the case of any emergency), for such purpose and take all such action thereon as, in Lessor’s opinion, may be necessary or appropriate therefor. No such entry shall be deemed an eviction of Lessee. All sums so paid by Lessor and all out-of-pocket costs and expenses, including reasonable attorneys’ fees and expenses, so incurred, together with interest thereon at the Overdue Rate from the date on which such sums or expenses are paid or incurred by Lessor, shall be paid by Lessee to Lessor on demand.
Lessor’s Right to Cure Lessee’s Default. If the Lessee fails to make any payment or perform any act required to be made or performed under this Lease, the Lessor, without waiving any default or releasing Lessee from any obligation, may (but will be under no obligation to) make such payment or perform such act for the account and at the cost and expense of the Lessee, and may enter upon the Property or any portion thereof for such purpose and take all such action thereon as, at the Lessor's sole discretion, may be necessary or appropriate therefor. No such entry will be deemed an eviction of the Lessee or a breach of the Lessor's covenant for quiet possession pursuant to Section 2.03. All sums so paid by the Lessor and all costs and expenses (including reasonable attorneys' fees and expenses so incurred, together with interest thereon at the Default Rate to the extent permitted by Law) will be paid by the Lessee to the Agent (on behalf of the Lessor) on demand as Additional Rent. LEASE Proprietary & Confidential
Lessor’s Right to Cure Lessee’s Default. If an Event of Default shall have occurred and be continuing, Lessor, after Notice to Lessee (which Notice shall not be required if Lessor shall reasonably determine there is an Emergency Requirement), without waiving or releasing any obligation of Lessee and without waiving or releasing any Event of Default, may (but shall not be obligated to), at any time thereafter, make such payment or perform such act for the account and at the expense of Lessee, and may, to the maximum extent permitted by law, enter upon the Cypress Premises and the Improvements or any portion thereof for such purpose and take all such action with respect to the Personal Property thereon as, in the reasonable opinion of the Lessor and subject to Minister’s consent, may be necessary or appropriate therefor. All reasonable costs and expenses (including, without limitation, reasonable legal fees) incurred by Lessor in connection therewith, together with interest thereon (to the extent permitted by law) at the Interest Rate from the date such sums are paid by Lessor until repaid, shall be reimbursed by Lessee to Lessor, on demand.
Lessor’s Right to Cure Lessee’s Default. Upon continuance of any default beyond applicable notice and cure periods, Lessor may, but is not obligated to, cure the default at Lessee’s cost. If Lessor pays any money or performs any act required of but not paid or performed by Lessee after notice, the payment and/or the reasonable cost (including, without limitation, actual attorneys’ fees and costs) of performance shall be paid by Lessee as Additional Rent. No such payment by Lessor or act shall constitute a waiver of default, or of any remedy for default, or render Lessor liable for any loss or damage resulting from performance.
Lessor’s Right to Cure Lessee’s Default. Lessor, at any time after Lessee commits a default, can cure the default at Lessee's cost. If Lessor at any time, by reason of Lessee's default, pays any sum or does any act that requires the payment of any sum, the sum paid by Lessor shall be due immediately from Lessee to Lessor at the time the sum is paid.
Lessor’s Right to Cure Lessee’s Default. Lessor, at any time after Lessee commits a default, can cure the default at Lessee’s cost. If Lessor at any time, by reason of Lessee’s default, pays any sum or does any act that requires the payment of any sum, the sum paid by Lessor shall be due immediately from Lessee to Lessor at the time the sum is paid, and if paid at a later date shall bear interest at the maximum rate an individual is permitted by law to charge from the date the sum is paid by Lessor until Lessor is reimbursed by Lessee. The sum, together with interest on it, shall be additional rent.
Lessor’s Right to Cure Lessee’s Default. Upon the occurrence of an Event of Default resulting from Lessee’s failure to make any payment required to be made by Lessee or failure to perform any term, covenant or condition of this Facility Lease involving the expenditure of money by Lessee, Lessor, at Lessor’s option, may, but shall not be obligated to, make such payment or, on behalf of Lessee, expend such sum as may be necessary to keep, perform or observe such term, covenant or condition, and any and all sums so expended by Lessor, with interest thereon at the rate of 12% per year from the date of such expenditure until repaid, shall be, and shall be deemed to be, Additional Rent and shall be repaid by Lessee to Lessor, on demand; provided, however, that no such payment or expenditure by Lessor shall be deemed a waiver of Lessee’s default, nor shall it affect any remedy of Lessor by reason of such default.
