Common use of Lessor's Right to Perform for Lessee Clause in Contracts

Lessor's Right to Perform for Lessee. If Lessee fails to make any payment of Rent or Supplemental Rent required to be made by it hereunder or fails to perform or comply with any of its agreements contained herein, Lessor may itself make such payment or perform or comply with such agreement, and the amount of such payment and the amount of any expenses of Lessor incurred in connection with such payment or the performance of or compliance with such agreement, as the case may be, shall be deemed Supplemental Rent payable by Lessee upon demand; provided, however, that no such payment, performance or compliance by Lessor shall (i) be deemed to have satisfied the obligation of Lessee to make such payment or to perform or comply with such agreement, as the case may be, unless and until Lessee shall have paid all such Supplemental Rent payable pursuant to this section by reason of such failure or (ii) be deemed a waiver of Lessor's rights and remedies against Lessee hereunder.

Appears in 2 contracts

Samples: Engine Lease Agreement (Western Pacific Airlines Inc /De/), Lease Agreement (Western Pacific Airlines Inc /De/)

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Lessor's Right to Perform for Lessee. If Lessee fails to make any payment of Rent or Supplemental Rent required to be made by it hereunder or fails to perform or comply with any of its agreements contained herein, in either case, after the expiration of any applicable notice and cure periods, whether or not such failure shall constitute an Event of Default hereunder, Lessor may itself make such payment or perform or comply with such agreementagreement but shall not be obligated hereunder to do so, and the amount of such payment and the amount of any the reasonable expenses of Lessor incurred in connection with such payment or the performance of or compliance with such agreement, as the case may be, together with interest thereon at the Past Due Rate, shall be deemed Supplemental Rent hereunder payable by Lessee upon to Lessor on demand; provided, however, that no . No such payment, payment or performance or compliance by Lessor shall (i) be deemed to have satisfied the obligation waive any Default or Event of Default or relieve Lessee to make such payment or to perform or comply with such agreement, as the case may be, unless and until Lessee shall have paid all such Supplemental Rent payable pursuant to this section by reason of such failure or (ii) be deemed a waiver of Lessor's rights and remedies against Lessee its obligations hereunder.

Appears in 2 contracts

Samples: Aircraft Lease Agreement (Republic Airways Holdings Inc), Aircraft Lease Agreement (Republic Airways Holdings Inc)

Lessor's Right to Perform for Lessee. If Lessee fails to make any payment of Rent or Supplemental Rent Payment required to be made by it hereunder or fails to perform or comply with any of its agreements contained herein, which failure shall continue until such time as such failure shall constitute a Lease Event of Default and can be cured by the payment of money, Lessor may itself (but shall not be obligated) itself, after notice to Lessee, make such payment or perform or comply with such agreement, and the amount of such payment and the amount of any the reasonable expenses of Lessor incurred in connection with such payment or the performance of or compliance with such agreement, as the case may be, shall together with interest thereon at the rate specified in Section 26, shall, if not paid by Lessee to Lessor on demand, be deemed a Supplemental Rent payable by Lessee upon demandPayment hereunder; provided, however, that no such payment, performance or compliance by Lessor shall (i) be deemed to have satisfied the obligation cure any Lease Event of Lessee Default with respect to make such payment or to perform or comply with such agreement, as the case may be, unless and until Lessee shall have paid all such Supplemental Rent payable pursuant to this section by reason of such failure or (ii) be deemed a waiver of Lessor's rights and remedies against Lessee hereunderLessee.

Appears in 2 contracts

Samples: Equipment Lease Agreement (Universal Compression Inc), Equipment Lease Agreement (BRL Universal Equipment Corp)

Lessor's Right to Perform for Lessee. If the Lessee fails to make any required payment of Rent or Supplemental Rent required to be made by it hereunder or fails to perform or comply with any of its agreements contained hereinin this Lease (other than the Lessee's obligation to sell the Aircraft to the Lessor pursuant to Article 2 hereof), whether or not such failure shall constitute an Event of Default hereunder, the Lessor may itself (but shall not be obligated to) make such payment payments or perform or comply with such agreement, and the amount of such payment and the amount of any the reasonable costs and expenses of the Lessor incurred in connection with such payment or the performance of or compliance with such agreement, as together with interest (to the case may beextent permitted by applicable law) at the Past Due Rate from the date of the making of such payment or the incurring of such costs and expenses by the Lessor to the date of payment of such Rent or other amount by the Lessee, shall be deemed Supplemental Rent payable by the Lessee upon demand; provided, however, that no . No such payment, payment or performance or compliance by the Lessor shall (i) be deemed to have satisfied waive any Default or Event of Default or relieve the obligation Lessee of Lessee to make such payment or to perform or comply with such agreement, as the case may be, unless and until Lessee shall have paid all such Supplemental Rent payable pursuant to this section by reason of such failure or (ii) be deemed a waiver of Lessor's rights and remedies against Lessee its obligations hereunder.

Appears in 1 contract

Samples: Lease Agreement (Federal Express Corp)

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Lessor's Right to Perform for Lessee. If Lessee fails to make any payment of Rent or Supplemental Rent required to be made by it hereunder or fails to perform or comply with any of its agreements contained herein, Lessor may itself make such payment or perform or comply with such agreement, and the amount of such payment and the amount of any the reasonable expenses of Lessor incurred in connection with such payment or the performance of or compliance with such agreement, as the case may be, together with interest thereon at the Incentive Rate, shall be deemed Supplemental Rent Rent, payable by Lessee upon demand; demand provided, however, that no such payment, performance or compliance by Lessor shall (i) be deemed to have satisfied the obligation of Lessee to make such payment or to perform or comply with such agreement, as the case may be, unless and until Lessee shall have paid all such Supplemental Rent as may be payable pursuant to this section Section 22 by reason of such failure failure; or (ii) be deemed a waiver of Lessor's rights and remedies against Lessee hereunder.

Appears in 1 contract

Samples: Lease Agreement (Airlease LTD)

Lessor's Right to Perform for Lessee. If Lessee fails to make ------------------------------------ any payment of Rent or Supplemental Rent required to be made by it hereunder or fails to perform or comply with any of its other agreements contained herein, then (but in each case, except in the case of failure to pay Rent or in the case of failure to maintain insurance as required hereunder, no earlier than five Business Days after written notice has been given by Lessor to Lessee, as to the occurrence of such failure, whether or not it shall yet constitute an Event of Default hereunder) Lessor may itself make such payment or perform or comply with such agreementagreement but shall not be obligated hereunder to do so, and the amount of such payment and the amount of any the reasonable expenses of Lessor incurred in connection with such payment or the performance of or compliance with such agreement, as the case may be, together with interest thereon at the Past Due Rate, shall be deemed Supplemental Rent Rent, payable by Lessee to Lessor upon demand; provided, however, that no . No such payment, performance or compliance by Lessor shall (i) be deemed to have satisfied cure any Event of Default or otherwise relieve Lessee of its obligations with respect thereto unless, but without limiting the obligation applicability of the preceding sentence, the nature of such cure makes it impossible for Lessee to make such payment or to perform or comply with such agreement, as the case may be, unless and until Lessee shall have paid all such Supplemental Rent payable pursuant to this section by reason of such failure or (ii) be deemed a waiver of Lessor's rights and remedies against Lessee hereunderrender performance.

Appears in 1 contract

Samples: Lease Agreement (United Air Lines Inc)

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