Common use of Lender’s Right to Perform Clause in Contracts

Lender’s Right to Perform. During the continuance of an Event of Default Lender may, but shall have no obligation to do so and without notice to or demand on Borrower and without releasing Borrower from any covenant or obligation hereunder or under any of the Loan Documents or being deemed to have cured any Default or Event of Default hereunder, and without in any way limiting Lender’s right to exercise any of its rights, powers or remedies as provided hereunder, or under any of the other Loan Documents, perform, or cause the performance of, any covenant or obligation of Borrower hereunder in such manner and to such extent as Lender determines in its sole discretion in each instance, and all costs, expenses, liabilities, penalties and fines of Lender incurred or paid in connection therewith shall be immediately due and payable by Borrower and shall be added to the Obligations (and to the extent permitted under applicable laws, secured by the Mortgage and the other Loan Documents) and in each case shall bear interest at the Default Rate for the period after the date incurred by or on behalf of Lender until the date of payment by Borrower to Lender.

Lender’s Right to Perform. During the continuance of an Event of Default Lender may, but shall have no obligation If Borrower fails to do so and without notice to or demand on Borrower and without releasing Borrower from perform any covenant or obligation hereunder or under any contained herein and such failure shall continue for a period of the Loan Documents greater of (a) ten (10) days after Borrower’s receipt of written notice thereof from Lender and (b) any longer notice requirement or being deemed to have cured any Default or Event grace period (if any) specifically set forth in this Agreement after Borrower’s receipt of Default hereunderwritten notice thereof from Lender, and without in any way limiting Lender’s right to exercise any of its rights, powers or remedies as provided hereunder, or under any of the other Loan Documents, Lender may, but shall have no obligation to, perform, or cause the performance of, any such covenant or obligation of Borrower hereunder in such manner and to such extent as Lender determines in its sole discretion in each instanceobligation, and all costs, expenses, liabilities, penalties and fines of Lender incurred or paid in connection therewith shall be immediately due and payable by Borrower to Lender upon demand and if not paid shall be added to the Obligations Debt (and to the extent permitted under applicable laws, secured by the Mortgage and the other Loan Documents) and in each case shall bear interest thereafter at the Default Rate for Rate. Notwithstanding the period after the date incurred by or on behalf foregoing, Lender shall have no obligation to send notice to Borrower of Lender until the date of payment by Borrower to Lenderany such failure.

Lender’s Right to Perform. During the continuance of an Event of Default Lender may, but shall have no obligation If Borrower fails to do so and without notice to or demand on Borrower and without releasing Borrower from perform any covenant or obligation hereunder or under any contained herein and such failure shall continue for a period of the Loan Documents greater of (a) five (5) Business Days after Borrower’s receipt of written notice thereof from Lender and (b) any longer notice requirement or being deemed to have cured any Default or Event grace period (if any) specifically set forth in this Agreement after Borrower’s receipt of Default hereunderwritten notice thereof from Lender, and without in any way limiting Lender’s right to exercise any of its rights, powers or remedies as provided hereunder, or under any of the other Loan Documents, Lender may, but shall have no obligation to, perform, or cause the performance of, any such covenant or obligation of Borrower hereunder in such manner and to such extent as Lender determines in its sole discretion in each instanceobligation, and all costs, expenses, liabilities, penalties and fines of Lender incurred or paid in connection therewith shall be immediately due and payable by Borrower to Lender upon demand and if not paid shall be added to the Obligations Debt (and to the extent permitted under applicable laws, secured by the Mortgage and the other Loan Documents) and in each case shall bear interest thereafter at the Default Rate for Rate. Notwithstanding the period after the date incurred by or on behalf foregoing, Lender shall have no obligation to send notice to Borrower of Lender until the date of payment by Borrower to Lenderany such failure.