Common use of Agent's Right to Perform Clause in Contracts

Agent's Right to Perform. If Company fails to make any payment required to be made by it hereunder or fails to perform or comply with any of its agreements contained herein, Agent may itself make such payment or perform or comply with such agreement (including, without limitation, the agreement of Company to maintain insurance pursuant to Section 4(g) hereof), and the amount of such payment and the amount of the reasonable expenses of Agent incurred in connection with such payment or the performance of or compliance with such agreement, as the case may be, together with interest thereon at the rate specified in the Credit Agreement from time to time, shall be payable by Company to Agent on demand and shall constitute additional indebtedness secured by the lien and security interest of this Mortgage.

Agent's Right to Perform. If the Company fails to make any payment required to be made by it hereunder or fails to perform or comply with any of its agreements contained herein, the Agent may itself make such payment or perform or comply with such agreement (including, without limitation, the agreement of the Company to maintain insurance pursuant to Section 4(g) hereof), and the amount of such payment and the amount of the reasonable expenses of the Agent incurred in connection with such payment or the performance of or compliance with such agreement, as the case may be, together with interest thereon at the rate specified in the Credit Agreement from time to time, shall be payable by the Company to the Agent on demand and shall constitute additional indebtedness secured by the lien and security interest of this Mortgage.