Common use of Performance for Lessee Clause in Contracts

Performance for Lessee. To the extent permitted by Applicable Laws, Lessor shall have the right, without waiving or releasing Lessee from any of its obligations, to make any payment or perform any other obligation on Lessee’s behalf and at Lessee’s expense whenever and for so long as an Event of Default exists. Without limiting the generality of the foregoing, upon and during the continuance of an Event of Default, Lessor may, but shall not be required to, pay any Imposition payable by Lessee hereunder, discharge any Lien, take out, pay for and maintain any insurance required under Section 10, take any and all actions necessary or appropriate in the good faith judgment of Lessor to carry on the business of Lessee at the Premises relating to the operation of the Hotel as a Luxury Hotel, and/or do or perform or cause to be done or performed any other act or thing (entering upon the Premises for such purposes, if Lessor shall so elect) intended to protect and preserve the rights and interests of Lessor with respect to the Premises, and Lessor shall not be or be held liable or in any way responsible for any loss, claim, liability, disturbance, inconvenience, annoyance or damage resulting to Lessee or any other Person on account thereof. Lessor may act without notice to Lessee if necessary in Lessor’s reasonable judgment to respond to an emergency situation or governmental or municipal time limitation or otherwise to protect Lessor’s interest in the Premises. Lessor shall not be required to inquire into the correctness of the amount or validity of any Imposition or Lien or other amount which may be paid by Lessor, and Lessor shall be duly protected in paying the amount of any such Imposition or Lien claimed, and in such event Lessor shall also have the full authority, in Lessor’s sole and absolute judgment and discretion and without prior notice to or approval by Lessee, to settle or compromise any such Lien or Imposition. Any act or thing done by Lessor pursuant to the provisions of this Section 14.2(d) shall not be or be construed as a waiver of any Event of Default by Lessee, or as a waiver of any term, covenant, agreement or condition herein contained or of the performance thereof. If Lessor cures a failure to perform on behalf of Lessee, Lessee shall reimburse Lessor for all costs incurred in connection with such cure, including, without limitation, reasonable consultants’, contractors’ and attorneys’ fees and costs, within ten (10) days after receipt of Lessor’s invoice.

Appears in 2 contracts

Samples: Ground Lease (Morgans Hotel Group Co.), Ground Lease (Morgans Hotel Group Co.)

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Performance for Lessee. To the extent permitted by Applicable Laws, Lessor shall have the right, without waiving or releasing Lessee from any of its obligations, to make any payment or perform any other obligation on Lessee’s 's behalf and at Lessee’s expense whenever and for so long as an Event of Default exists's expense. Without limiting the generality of the foregoing, upon and during the continuance of an Event of Default, Lessor may, but shall not be required to, pay any Imposition payable by Lessee hereunder, discharge any Lien, take out, pay for and maintain any insurance required under Section 10, take any and all actions necessary or appropriate in the good faith judgment of Lessor to carry on the business of Lessee at the Premises relating to the operation of the Hotel as a Luxury Hotel, and/or do or perform or cause to be done or performed any such other act or thing (entering upon the Premises for such purposes, if Lessor shall so elect) intended to protect and preserve the rights and interests of Lessor with respect to the Premises), and Lessor shall not be or be held liable or in any way responsible for any loss, claim, liability, disturbance, inconvenience, annoyance or damage resulting to Lessee or any other Person on account thereof. Lessor may act without upon shorter notice to Lessee or no notice at all if necessary in Lessor’s 's reasonable judgment to respond to meet an emergency situation or governmental or municipal time limitation or otherwise to protect Lessor’s 's interest in the Premises. Lessor shall not be required to inquire into the correctness of the amount or validity of any Imposition or Lien or other amount which may be paid by Lessor, Lessor and Lessor shall be duly protected in paying the amount of any such Imposition or Lien claimed, claimed and in such event Lessor shall also have the full authority, in Lessor’s 's sole and absolute judgment and discretion and without prior notice to or approval by Lessee, to settle EXHIBIT 10.27 or compromise any such Lien or Imposition. Any act or thing done by Lessor pursuant to the provisions of this Section 14.2(d) shall not be or be construed as a waiver of any Event of Default by Lessee, or as a waiver of any term, covenant, agreement or condition herein contained or of the performance thereof. If Lessor cures a failure to perform on behalf of Lessee, Lessee shall reimburse Lessor for all costs incurred in connection with such cure, including, without limitation, reasonable consultants', contractors' and attorneys' fees and costs, within ten (10) days after receipt of Lessor’s 's invoice.

Appears in 1 contract

Samples: Equinix Inc

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Performance for Lessee. To the extent permitted by Applicable Laws, Lessor shall have the right, without waiving or releasing Lessee from any of its obligations, to make any payment or perform any other obligation on Lessee’s 's behalf and at Lessee’s expense whenever and for so long as an Event of Default exists's expense. Without limiting the generality of the foregoing, upon and during the continuance of an Event of Default, Lessor may, but shall not be required to, pay any Imposition payable by Lessee hereunder, discharge any Lien, take out, pay for and maintain any insurance required under Section 10, take any and all actions necessary or appropriate in the good faith judgment of Lessor to carry on the business of Lessee at the Premises relating to the operation of the Hotel as a Luxury Hotel, and/or do or perform or cause to be done or performed any such other act or thing (entering upon the Premises for such purposes, if Lessor shall so elect) intended to protect and preserve the rights and interests of Lessor with respect to the Premises), and Lessor shall not be or be held liable or in any way responsible for any loss, claim, liability, disturbance, inconvenience, annoyance or damage resulting to Lessee or any other Person on account thereof. Lessor may act without upon shorter notice to Lessee or no notice at all if necessary in Lessor’s 's reasonable judgment to respond to meet an emergency situation or governmental or municipal time limitation or otherwise to protect Lessor’s 's interest in the Premises. Lessor shall not be required to inquire into the correctness of the amount or validity of any Imposition or Lien or other amount which may be paid by Lessor, Lessor and Lessor shall be duly protected in paying the amount of any such Imposition or Lien claimed, claimed and in such event Lessor shall also have the full authority, in Lessor’s 's sole and absolute judgment and discretion and without prior notice to or approval by Lessee, to settle EXHIBIT 10.27 *CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. or compromise any such Lien or Imposition. Any act or thing done by Lessor pursuant to the provisions of this Section 14.2(d) shall not be or be construed as a waiver of any Event of Default by Lessee, or as a waiver of any term, covenant, agreement or condition herein contained or of the performance thereof. If Lessor cures a failure to perform on behalf of Lessee, Lessee shall reimburse Lessor for all costs incurred in connection with such cure, including, without limitation, reasonable consultants', contractors' and attorneys' fees and costs, within ten (10) days after receipt of Lessor’s 's invoice.

Appears in 1 contract

Samples: Equinix Inc

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