Right to Perform Covenants. Section 10.1 The TENANT covenants and agrees that if the TENANT shall, at any time, fail to make any payment or perform any other act on its part to be made or performed under this Lease, the LANDLORD, after the expiration of any time limitation set forth in this Lease (except in cases of emergency) may, but shall not be obligated to, make such payment or perform such other act to the extent the LANDLORD may deem desirable, and in connection therewith to pay expenses and employ counsel. All sums so paid by the LANDLORD and all expenses in connection therewith shall be deemed Additional Rent hereunder and be payable to the LANDLORD on the first day of the next month and the LANDLORD shall have the same rights and remedies for the nonpayment thereof as in the case of default in the payment of the basic rent reserved hereunder.
Right to Perform Covenants. If an Event of Default (as defined below) has occurred and is continuing, the Director, without demand upon the Company and without waiving or releasing any obligation or default, may, but shall be under no obligation to, upon ten (10) days' written notice to the Company (unless a shorter period is elsewhere provided in the Loan Documents), make such payment or perform such act for the account and at the expense of the Company and may enter upon the location of the Collateral or any part thereof for such purpose and take all such action thereon as, in the Director's opinion, may be necessary or appropriate for the protection of the Collateral. Under emergency conditions as determined in the sole discretion of the Director, no notice shall be required. All payments so made by the Director and all costs, fees and expenses, including without limitation reasonable attorneys' fees, incurred in connection therewith or in connection with the performance by the Director of any such act, together with interest thereon at the Interest Rate for Advances from the date of payment or incurrence, shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereof. In any action brought to collect such indebtedness or to otherwise pursue the remedies of the Director under this Security Agreement, the Director shall be entitled to the recovery of such expenses in such action except as limited by law or judicial order or decision entered in such action.
Right to Perform Covenants. (a) If Tenant fails to perform any of its obligations under this Lease, Landlord, any Superior Lessor, or any Superior Mortgagee (each, a “Curing Party”) may perform the same (but without duplication by such parties) at the expense of Tenant (a) immediately and with such notice as is practicable under the circumstances in the case of emergency involving imminent threat to life or property, and (b) in any other case, if such failure continues beyond the expiration of any applicable notice and grace period applicable to such failure. Notwithstanding the foregoing, prior to such performance under clause (b) of the preceding sentence only, the Curing Party shall give Tenant a written notice (the “Curing Party Notice”) identifying such failure in detail and notifying Tenant of the Curing Party’s intention to exercise its rights under this Section 4.08 with respect thereto (and including an estimate of the cost such Curing Party will incur in performing such Tenant obligation if the Curing Party is reasonably able to ascertain such an estimate); provided, that the Curing Party Notice shall contain a legend in not less than 14 point font bold upper case letters as follows: “THIS IS A TIME SENSITIVE NOTICE AND IF TENANT SHALL FAIL TO CURE SUCH ITEM SPECIFIED IN THIS NOTICE WITHIN 10 BUSINESS DAYS FOLLOWING TENANT’S RECEIPT OF THIS NOTICE THEN [THE CURING PARTY] SHALL HAVE THE RIGHT TO PERFORM SAME PURSUANT TO SECTION 4.08(a) OF THE LEASE.” If such failure by Tenant shall continue for 10 Business Days after Tenant’s receipt of the Curing Party Notice (or, if such failure is not reasonably susceptible of cure within such period, such longer period as may be reasonably necessary to complete the same with due diligence provided that Tenant commences the cure within said 10-Business Day period and prosecutes the same with reasonable diligence), then the Curing Party shall have the right (but shall not be obligated), for the account of Tenant, to perform the obligation which Tenant so failed to perform. If a Curing Party performs any of Tenant’s obligations under this Lease, Tenant shall pay to Landlord (as Additional Charges) the Actual Costs thereof, together with interest at the Interest Rate from the date incurred by the Curing Party until paid by Tenant, within 30 days after receipt by Tenant of a statement (including reasonable evidence thereof) as to the amounts of such costs. If the Curing Party effects such cure by bonding any lien which Tenant is required to b...
Right to Perform Covenants. (a) If Tenant fails to perform any act on its part to be performed hereunder, and such failure continues for thirty days (or such longer period as is reasonably required to cure such failure, provided Tenant commences to cure within such thirty day period and proceeds diligently thereafter) after written notice thereof from Landlord (or, in the case of an emergency, with such shorter period of notice or without notice as is reasonable in the circumstances), Landlord may (but shall not be obligated so to do) perform such act without releasing Tenant from any of its obligations relative thereto. All sums paid or costs incurred by Landlord in so performing such acts under this Section 10.02, together with interest thereon at the rate set out in Section 10.01 from the date such payment was made or each such cost was incurred by Landlord shall be payable by Tenant to Landlord on demand.
Right to Perform Covenants. 14.01 The provisions of “ARTICLE XIV” of the Xxxxxxxxx are deemed to be included herein and shall apply as between LANDLORD and TENANT hereunder as if the said “ARTICLE XIV” were fully set forth herein as a direct obligation between LANDLORD and TENANT hereunder and any obligations of the LANDLORD to the OVERLANDLORD with respects to the Demised Premises shall be complied with by TENANT. December 15, 2005 9 /s/ JD Initial /s/ JU
Right to Perform Covenants. If either party shall fail to perform any covenant or duty required of it by this Lease beyond an applicable cure period or by law, the non-defaulting shall have the right (but not the obligation) to perform the same, and if necessary to enter the premises or Property for such purposes without notice. The reasonable cost thereof to the non-defaulting party shall be deemed to be additional rent hereunder payable by the defaulting party, shall be due and payable by the defaulting party upon demand.
Right to Perform Covenants. Each of the parties hereto shall have the right at any time, after thirty (30) days notice to the other party hereto (or without notice in case of an emergency or in case any fine, penalty, interest or cost may otherwise be imposed or in the case of the lapse of any insurance coverage required by this Agreement), to make any payment or perform any act required by such other party by any provision of this Agreement, and in exercising such right, to incur necessary and incidental costs and expenses. Nothing herein shall imply any obligation on the part of either party hereto to make any payment or perform any act required of the other party hereto and the exercise of the right to do so shall not constitute a release of any obligation or a waiver of any default.
Right to Perform Covenants. 21 Section 6.2 Events of Default ..................................... 21 Section 6.3 Remedies .............................................. 23 Section 6.4 Waiver of Appraisement; Valuation ..................... 23 Section 6.5
Right to Perform Covenants. If the Mortgagor shall fail to make any payment or perform any act required to be made or performed hereunder (including, without limitation, the payments described in Article III hereof) or under the Series 1989D Agreement or the Series 1989D Note, the Mortgagee, without demand upon the Mortgagor and without waiving or releasing any obligation or default, may (but shall be under no obligation to) upon ten days' written notice to the Mortgagor (except under emergency conditions), make such payment or perform such act for the account and at the expense of the Mortgagor and may enter upon the Series 1989D Mortgaged Property or any part thereof for such purpose and take all such action thereon as, in its opinion, may be necessary or appropriate therefor. All payments so made by the Mortgagee and all costs, fees and expenses (including, without limitation, reasonable attorneys' fees and expenses) incurred in connection therewith or in connection with the performance by the Mortgagee of any such act, together with interest thereon at the Interest Rate for Advances from the date of payment or incurrence, shall, together with such interest, be additional indebtedness secured by this Series 1989D Mortgage, to the extent permitted by law, shall be paid by the Mortgagor to the Mortgagee on demand. In any action brought to collect such indebtedness, or to foreclose this Series 1989D mortgage, the Mortgagee shall be entitled to the recovery of such expenses in such action except as limited by law or judicial order or decision entered in such proceedings.
Right to Perform Covenants. If the Company shall fail to make any payment or perform any act required to be made or performed hereunder or under the Loan Agreement, the Note or any of the other Loan Documents, the Director, without demand upon the Company and without waiving or releasing any obligation or default, may but shall be under no obligation to, upon ten (10) days' written notice to the Company (unless a shorter period is elsewhere provided), make such payment or perform such act for the account and at the expense of the Company and may enter upon the location of the Project Site or any part thereof for such purpose and take all such action thereon as, in the Director's opinion, may be necessary or appropriate. Under emergency conditions as determined in the sole discretion of the Director, no notice shall be required The Company hereby irrevocably constitutes and appoints the Director its true and lawful attorney-in-fact with full power of substitution in the premises to make any such payment or perform any such act in the name of the Company. All payments so made by the Director and all costs, fees and expenses, including without limitation, reasonable attorneys' fees and expenses incurred in connection therewith or in connection with the performance by the Director of any such act, together with interest thereon at the Interest Rate for Advances from the date of payment or incurrence, shall, together with such interest, be additional indebtedness secured by this Security Agreement and shall be paid by the Company to the Director on demand. In any action brought to collect such indebtedness or to foreclose or otherwise pursue the remedies of the Director under this Security Agreement, the Director shall be entitled to the recovery of such expenses in such action except as limited by law or judicial order or decision entered in such action.
