PAYMENT TERMS AND REQUIREMENTS. 7.1 Contractor shall pay Subcontractor to perform all work and services as well as furnish all materials, appliances, equipment, and tools that Subcontractor is obligated to use and furnish under this Agreement.
PAYMENT TERMS AND REQUIREMENTS. All sums payable by Tenant under this Lease shall be paid to Landlord in legal tender of the United States, without setoff, deduction or demand (unless otherwise expressly permitted by this Lease), at the Landlord Payment Address, or to such other party or such other address as Landlord may designate in writing to Tenant upon reasonable prior written notice. At Landlord’s option, exercisable by at least thirty (30) days’ prior written notice with proper wire transfer instructions, Tenant shall make all regularly-recurring Rent payments under this Lease by electronic transfer of funds to a banking institution in the United States of America. Xxxxxxxx’s acceptance of Rent after it shall have become due and payable shall not excuse a delay upon any subsequent occasion or constitute a waiver of any of Landlord’s rights hereunder. All checks tendered to Landlord on Tenant’s behalf from anyone other than Tenant shall, unless Landlord has commercially reasonable grounds to reject such payment and provides written notice of such rejection to Tenant, be deemed payments for the account of Tenant. Acceptance by Xxxxxxxx, in its discretion, of Rent from anyone other than Tenant shall not be deemed to operate as (1) an attornment to Landlord by the payor of such Rent and/or additional rent, (2) the consent of Landlord to an assignment of this Lease or subletting by Tenant of the Premises to such payor, (3) a modification of any of the provisions of this Lease, (4) an acknowledgement or agreement by Landlord that such payor has any right to possess or otherwise use or occupy the Premises, or (5) a waiver of Landlord’s right, based on commercially reasonable grounds, to refuse to accept future payments from anyone other than Tenant. If any sum payable by Tenant under this Lease is paid by check which is returned due to insufficient funds, stop payment order, or otherwise, then: (a) such event shall be treated as a failure to pay such sum when due (unless Tenant makes such payment by the applicable due date); and (b) in addition to all other rights and remedies of Landlord hereunder, Landlord shall be entitled (i) to impose a returned check charge equal to Fifty Dollars ($50.00) to cover Landlord’s administrative expenses and overhead for processing, and (ii) if such event occurs more than two times during any Lease Year, to require that all future payments be remitted by wire transfer or electronic funds transfer.
