Common use of Collection and Enforcement Costs Clause in Contracts

Collection and Enforcement Costs. Upon demand, the Lessee shall reimburse the Lessor for all costs and expenses, including, without limitation, attorneys' fees and expenses and court costs, paid or reasonably incurred by the Lessor in connection with the collection of any sum due hereunder, or in connection with the enforcement of any of the Lessor's rights or any member of the Leasing Group's obligations under this Agreement or any of the other Lease Documents. Any amount due and payable to the Lessor pursuant to the provisions of this Section shall be a demand obligation and, to the extent permitted by law, shall be added to the Lease Obligations and shall be secured by the Liens created by the Lease Documents as fully and effectively and with the same priority as every other obligation of the Lessee secured thereby and, if not paid within ten (10) days after demand, shall thereafter, to the extent permitted by applicable law, bear interest at the Overdue Rate until the date of payment. The obligation of the Lessee to pay all costs, charges and sums due hereunder or under any of the other Lease Documents shall continue in full force and effect and in no way shall be impaired, until the actual payment thereof to the Lessor. In the event of (A) a sale, conveyance, transfer or other disposition of the Leased Property, (B) any further agreement given to secure the payment of the obligations set forth herein or (C) any agreement or stipulation extending the time or modifying the terms of payment set forth herein; the Lessee shall nevertheless remain obligated to pay the indebtedness evidenced by this Agreement, as extended or modified by any such agreement or stipulation, unless the Lessee is released and discharged from such obligation by a written agreement executed by the Lessor.

Appears in 2 contracts

Samples: Leasehold Improvement Agreement (Balanced Care Corp), Leasehold Improvement Agreement (Balanced Care Corp)

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Collection and Enforcement Costs. Upon demand, the Lessee shall reimburse the Lessor for all costs and expenses, including, without limitation, attorneys' fees and expenses and court costs, paid or reasonably incurred by the Lessor in connection with the collection of any sum due hereunder, or in connection with the enforcement of any of the Lessor's rights or any member of the Leasing Group's obligations under this Agreement or any of the other Lease Documents. Any amount due and payable to the Lessor pursuant to the provisions of this Section shall be a demand obligation and, to the extent permitted by law, shall be added to the Lease Obligations and shall be secured by the Liens created by the Lease Documents as fully and effectively and with the same priority as every other obligation of the Lessee secured thereby and, if not paid within ten (10) days after demand, shall thereafter, to the extent permitted by applicable law, bear interest at the Overdue Rate until the date of payment. The obligation of the Lessee to pay all costs, charges and sums due hereunder or under any of the other Lease Documents shall continue in full force and effect and in no way shall be impaired, until the actual payment thereof to the Lessor. In the event rent of (Aa) a sale, conveyance, transfer or other disposition of the Leased Property, (Bb) any further agreement given to secure the payment of the obligations set forth herein or (Cc) any agreement or stipulation extending the time or modifying the terms of payment set forth herein; the , Lessee shall nevertheless remain obligated to pay the indebtedness evidenced by this Agreement, as extended or modified by any such agreement or stipulation, unless the Lessee is released and discharged from such obligation by a written agreement executed by the Lessor.

Appears in 2 contracts

Samples: Leasehold Improvement Agreement (Emeritus Corp\wa\), Leasehold Improvement Agreement (Emeritus Corp\wa\)

Collection and Enforcement Costs. Upon demand, the Developer and the Lessee shall reimburse the Lessor for all costs and expenses, including, without limitation, attorneys' fees and expenses and court costs, paid or reasonably incurred by the Lessor in connection with the collection of any sum due hereunder, or in connection with the enforcement of (a) any of the Lessor's rights or under this Agreement and/or any of the other Development Documents and/or (b) the obligations of the Developer and/or any other member of the Leasing Group's obligations Group under this Agreement or any of the other Lease Development Documents. Any amount due and payable to the Lessor pursuant to the provisions of this Section shall be a demand obligation and, to the extent permitted by law, shall be added to the Development Obligations and the Lease Obligations and shall be secured by the Liens created by the Development Documents and the Lease Documents as fully and effectively and with the same priority as every other obligation of the Lessee Developer and/or the Lessee, as the case may be, secured thereby and, if not paid within ten (10) days after demand, shall thereafter, to the extent permitted by applicable law, bear interest at the Overdue Rate until the date of payment. The obligation obligations of the Developer and the Lessee to pay all costs, charges and sums due hereunder or under any of the other Lease Documents shall continue in full force and effect and in no way shall be impaired, until the actual payment thereof to the Lessor. In the event of (Aa) a sale, conveyance, transfer or other disposition of the Leased Property, (Bb) any further agreement given to secure the payment of the obligations set forth herein or (Cc) any agreement or stipulation extending the time or modifying the terms of payment set forth herein; the Developer and the Lessee shall nevertheless remain obligated to pay the their respective indebtedness evidenced by this Agreement, as extended or modified by any such agreement or stipulation, unless the Lessee is Developer and/or the Lessee, as the case may be, are released and discharged from such obligation by a written agreement executed by the Lessor. Notwithstanding the foregoing, and without limiting any other provision set forth in this Agreement, at the Lessor's option, all amounts due and payable hereunder may be advanced by Lessor (even if the aggregate amount of such sums expended and all amounts previously advanced hereunder exceed the amount of the Project Funds which the Lessor has agreed to advance hereunder) and the Lessee agrees to pay to the Lessor Rent under the Facility Lease, calculated, in part, thereunder based upon all sums advanced hereunder.

Appears in 2 contracts

Samples: Leasehold Improvement Agreement (Balanced Care Corp), Leasehold Improvement Agreement (Balanced Care Corp)

Collection and Enforcement Costs. Upon demand, the Lessee shall reimburse the Lessor for all costs and expenses, including, without limitation, attorneys' fees and expenses and court costs, paid or reasonably incurred by the Lessor in connection with the collection of any sum due hereunder, or in connection with the enforcement of any of the Lessor's rights or any member of the Leasing Group's obligations under this Agreement or any of the other Lease Documents. Any amount due and payable to the Lessor pursuant to the provisions of this Section shall be a demand obligation and, to the extent permitted by law, shall be added to the Lease Obligations and shall be secured by the Liens created by the Lease Documents as fully and effectively and with the same priority as every other obligation of the Lessee secured thereby and, if not paid within ten (( 10) days after demand, shall thereafter, to the extent permitted by applicable law, bear interest at the Overdue Rate until the date of payment. The obligation of the Lessee to pay all costs, charges and sums due hereunder or under any of the other Lease Documents shall continue in full force and effect and in no way shall be impaired, until the actual payment thereof to the Lessor. In the event of (Aof(a) a sale, conveyance, transfer or other disposition of the Leased Property, (Bb) any further agreement given to secure the payment of the obligations set forth herein or (Cc) any agreement or stipulation extending the time or modifying the terms of payment set forth herein; the , Lessee shall nevertheless remain obligated to pay the indebtedness evidenced by this Agreement, as extended or modified by any such agreement or stipulation, unless the Lessee is released and discharged from such obligation by a written agreement executed by the Lessor.

Appears in 1 contract

Samples: Leasehold Improvement Agreement (Emeritus Corp\wa\)

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Collection and Enforcement Costs. Upon demand, the Lessee shall reimburse the Lessor for all costs and expenses, including, without limitation, attorneys' fees and expenses and court costs, paid or reasonably incurred by the Lessor in connection with the collection of any sum due hereunder, or in connection with the enforcement of any of the Lessor's rights or any member of the Leasing Group's obligations under this Agreement or any of the other Lease Documents. Any amount due and payable to the Lessor pursuant to the provisions of this Section shall be a demand obligation and, to the extent permitted by law, shall be added to the Lease Obligations and shall be secured by the Liens created by the Lease Documents as fully and effectively and with the same priority as every other obligation of the Lessee secured thereby and, if not paid within ten (10) days after demand, shall thereafter, to the extent permitted by applicable law, bear interest at the Overdue Rate until the date of payment. The obligation of the Lessee to pay all costs, charges and sums due hereunder or under any of the other Lease Documents shall continue in full force and effect and in no way shall be impaired, until the actual payment thereof to the Lessor. In the event of (Aa) a sale, conveyance, transfer or other disposition of the Leased Property, (Bb) any further agreement given to secure the payment of the obligations set forth herein or (Cc) any agreement or stipulation extending the time or modifying the terms of payment set forth herein; the , Lessee shall nevertheless remain obligated to pay the indebtedness evidenced by this Agreement, as extended or modified by any such agreement or stipulation, unless the Lessee is released and discharged from such obligation by a written agreement executed by the Lessor.

Appears in 1 contract

Samples: Leasehold Improvement Agreement (Emeritus Corp\wa\)

Collection and Enforcement Costs. Upon demand, the Lessee Borrower shall reimburse the Lessor Lender for all costs and expenses, including, without limitation, attorneys' fees and expenses and court costs, reasonably paid or reasonably incurred by the Lessor Lender in connection with the collection of any sum due hereunder, or in connection with the enforcement of any of the LessorLender's rights or any member of the Leasing Borrowing Group's obligations under this Agreement or any of the other Lease Loan Documents. Any amount due and payable to the Lessor Lender pursuant to the provisions of this Section shall be a demand obligation and, to the extent permitted by law, shall be added to the Lease Loan Obligations and shall be secured by the Liens created by the Lease Loan Documents as fully and effectively and with the same priority as every other obligation of the Lessee Borrower secured thereby and, if not paid within ten (10) days after demand, shall thereafter, to the extent permitted by applicable law, bear interest at the Overdue Advances Rate until the date of payment. The obligation of the Lessee Borrower to pay the outstanding principal balance, interest (including, without limitation, Additional Interest) and all other costs, charges and sums due hereunder or under any of the other Lease Loan Documents shall continue in full force and effect and in no way shall be impaired, until the actual payment thereof to the LessorLender. In the event of (A) a sale, conveyance, transfer or other disposition of the Leased Mortgaged Property, (B) any further agreement given to secure the payment of the obligations set forth herein or (C) any agreement or stipulation extending the time or modifying the terms of payment set forth herein; the Lessee Borrower shall nevertheless remain obligated to pay the indebtedness evidenced by this Agreement, as extended or modified by any such agreement or stipulation, unless the Lessee Borrower is released and discharged from such obligation by a written agreement executed by the LessorLender.

Appears in 1 contract

Samples: Loan Agreement (Balanced Care Corp)

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