LESSOR'S PERFORMANCE OF LESSEE'S OBLIGATIONS. If Lessee fails to perform any of its obligations under a Lease, Lessor may perform any act or make any payment which Lessor deems necessary for the maintenance and preservation of the Equipment subject thereto and Lessor's title thereto. All sums so paid by Lessor (together with all related Overdue Charges), and reasonable attorneys' fees incurred by Lessor in connection therewith, shall be additional rent payable to Lessor on demand. The performance of any such act or the making of any such payment by Lessor shall not be deemed a waiver or release of any obligation or default on the part of Lessee.
LESSOR'S PERFORMANCE OF LESSEE'S OBLIGATIONS. If Lessee fails to comply with any of its covenants or obligations herein, Lessor may, at its option, perform such covenants or obligations on Lessee's behalf without thereby waiving such conditions or obligations or the failure to comply therewith and all sums advanced by Lessor in connection therewith shall be repayable by Lessee as Additional Charges. No such performance shall be deemed to relieve Lessee of its obligations herein.
LESSOR'S PERFORMANCE OF LESSEE'S OBLIGATIONS. If Lessee fails to perform any of its obligations hereunder, Lessor may perform any act or make any payment that Lessor deems reasonably necessary for the maintenance and preservation of the Equipment and Lessor's interests therein; provided, however, that the performance of any act or payment by Lessor shall not be deemed a waiver of, or release Lessee from, the obligation at issue. All sums so paid by Lessor, together with expenses (including legal fees and costs) incurred by Lessor in connection therewith, shall be paid to Lessor by Lessee immediately upon demand.
LESSOR'S PERFORMANCE OF LESSEE'S OBLIGATIONS. The performance by Lessor of any obligation required of Lessee under this Lease shall not be construed to modify this Lease, nor shall it create any obligation on the part of Lessor with respect to any performance required of Lessee under this Lease, whether Lessor's performance was undertaken with the knowledge that Lessee was obligated to perform, or whether Lessor's performance was undertaken as a result of mistake or inadvertence.
LESSOR'S PERFORMANCE OF LESSEE'S OBLIGATIONS. In case of failure of Lessee to comply with any provision of the Lease or any Schedule, Lessor will have the right, but will not be obligated, to effect such compliance in whole or in part, and all money spent and expenses incurred by Lessor will be paid by Lessee forthwith and will bear interest at the daily equivalent of eighteen percent (18%) per annum from the date said obligation was due. Lessor's action in effecting such compliance will not be a waiver of Lessee's default. All such money spent by and expenses of Lessor and any other obligation assumed or incurred by Lessor in effecting such compliance will constitute additional rent payable to Lessor with the next rent payment.
LESSOR'S PERFORMANCE OF LESSEE'S OBLIGATIONS. If Lessee fails to make any payment of Rent or falls to perform or comply with any agreement, covenant or obligation contained herein or in any other Operative Document, Lessor shall have the right, but not the obligation, at its election and without waiver of any of its rights or remedies against Lessee, to perform or comply with such covenant, agreement or obligation and/or pay such amount, and the amount of such payment and any Expenses incurred by Lessor in connection with such payment or the performance of or compliance with such agreement, covenant or obligation, as the case may be, together with interest at the Past Due Rate, shall be payable by Lessee to Lessor upon demand as Supplemental Rent. The taking of any action by Lessor pursuant to this Section 23(b) 72 [Amended and Restated Lease Agreement] shall not constitute a waiver or release of any obligation of Lessee hereunder nor a waiver of any Default which may arise out of Lessee's nonperformance of such obligation, nor an election or waiver by Lessor of any right or remedy available to Lessor under or in relation to this Agreement.
LESSOR'S PERFORMANCE OF LESSEE'S OBLIGATIONS. If Lessee shall fail duly and promptly to perform any of its obligations under this Lease, Lessor may, at its option and at any time, perform the same without waiving any default on the part of Lessee, or any of Lessor's rights. Lessee shall reimburse Lessor, within five (5) business days after notice thereof is given to Lessee, for all expenses and liabilities incurred by Lessor in the performance of Lessee's obligations.
LESSOR'S PERFORMANCE OF LESSEE'S OBLIGATIONS. If Lessee fails to perform any one or more of its obligations hereunder, then in addition to the other rights, remedies and recourses available to Lessor hereunder, at law or in equity, and without waiving any of such rights, remedies or recourses or the existence of any default by Lessee, Lessor shall have the right (but not the obligation) to perform such obligation of Lessee. Lessee shall reimburse Lessor upon demand, as Additional Rent, for all expenses (including reasonable attorneys' fees) incurred by Lessor in performing such obligations, together with interest at the rate of 6% per annum thereon.
LESSOR'S PERFORMANCE OF LESSEE'S OBLIGATIONS. If Lessee shall fail to perform its obligations under this Master Agreement or any Lease Agreement, Lessor or any assignee of Lessor may, at its option, perform the obligation for the account of Lessee without waiving the default and without discharging Lessee from the obligation. All expenses paid or incurred by Lessor in such performance shall be payable by Lessee on demand in addition to rental payments, together with interest at the rate of one and one-half percent (1.5%) per month or the highest lawful rate, whichever is less.
LESSOR'S PERFORMANCE OF LESSEE'S OBLIGATIONS. In the event that Lessee shall fail to do or perform or comply with any covenant, term or condition hereof on Lessee's part to be performed or complied with (including, but not limited to, its covenant to pay any amount required to be paid by it hereunder or to perform the obligations secured by any mortgage), Lessor may, at its option and without being under any obligation to do so, and without waiving any right it may have against Lessee by reason of Lessee's failure as aforesaid, after thirty (30) days written notice to Lessee, do or perform the same and thereupon the amount of all expenses and disbursements incurred or paid by Lessor in doing or performing the same, together with interest as herein provided from the time the expenses or disbursements were incurred or paid by Lessor, shall become due and owing and payable from Lessee to Lessor. If, pursuant to the foregoing right of Lessor, Lessor performs, acquires or satisfies any lien, encumbrance or obligation of Lessee, Lessor shall thereupon be subrogated to all rights of the obligee against the Lessee or the Property or both, and no merger shall be construed which would defeat such subrogation. In the case of subrogation to the rights of a mortgagee, the Lessor shall not have the right to foreclose, except upon assignment (if any) of the mortgage to the Lessor by the mortgagee. All sums payable from Lessee to Lessor under the terms hereof, shall bear interest at a rate of interest equal to two percent above the prime rate per annum from the date such sum becomes payable until actually paid.
