Common use of Failure to Make Contributions Clause in Contracts

Failure to Make Contributions. If either Partner fails in its obligation to make any payment or contribution of any amount required hereunder to the Partnership, such obligation shall constitute Indebtedness from such Partner to the Partnership and shall bear interest payable to the Partnership from the date any such amount was due until the earlier of the date on which such Partner pays such indebtedness in full or the other Partner elects to make payment as described in the fourth sentence of this Section, at a rate equal to the sum of the Prime rate plus four percent (or at such other rate as shall be established by an Act of the Partners), provided, that the rate of interest shall in no event exceed the maximum amount permitted by applicable law. Such interest shall not be treated as a capital contribution by either Partner. In addition, the Partnership may receive reasonable attorneys' fees incurred in recovering the amount of such debt and interest from the defaulting Partner and any other damages suffered as a result of such Failure to make such payment or contribution. In addition to the right of the Partnership to recover such indebtedness and interest, the other Partner may, but shall not be required to, make such payment or contribution (without any interest thereon) to the Partnership on behalf of the defaulting Partner. Any such payment or contribution shall constitute a loan to the defaulting Partner from the Partner and shall bear interest from the date such payment was made at a rate equal to the sum of the Prime Rate plus four percent (or at such other rate as shall be established by an Act of the Partners), provided that the rate of interest shall in no event exceed the maximum amount permitted by applicable law. Such loan shall be payable on demand, together with accrued interest, and may be prepaid, in whole or in part, together with interest accrued on the portion so prepaid, Xxx any time without penalty and the Partner making such loan may at any time recover from the defaulting Partner reasonable attorneys' fees and any other damages suffered as a result of the defaulting Partner's failure to make any payment or contribution.

Failure to Make Contributions. If either Partner fails in ----------------------------- its obligation to make any payment or contribution of any amount required hereunder to the Partnership, such obligation shall constitute Indebtedness indebtedness from such Partner to the Partnership and shall bear interest payable to the Partnership from the date any such amount was due until the earlier of the date on which such Partner pays such indebtedness in full or the other Partner elects to make payment as described in the fourth sentence of this Section, at a rate equal to the sum of the Prime rate Rate plus four percent (or at such other rate as shall be established by an Act of the Partners), provided, that the rate of -------- interest shall in no event exceed the maximum amount permitted by applicable law. Such interest shall not be treated as a capital contribution by either Partner. In addition, the Partnership may receive recover reasonable attorneys' fees incurred in recovering the amount of such debt and interest from the defaulting Partner partner and any other damages suffered as a result of such Failure failure to make such payment or contribution. In addition to the right of the Partnership to recover such indebtedness and interest, the other Partner may, but _____ shall not be required to, make such payment or contribution (without any interest thereon) to the Partnership on behalf of the defaulting default Partner. Any such payment or contribution shall constitute a loan to the defaulting Partner from the Partner and shall bear interest from the date such payment was made at a rate other equal to the sum of the Prime Rate plus four percent (or at such other rate as shall be established by an Act of the Partners), provided that the rate of interest shall in no event exceed the maximum amount permitted by applicable law. Such loan shall ____ be payable on demand, together with accrued interest, and may be prepaid, in whole or in part, together with interest accrued on the portion so prepaid, Xxx any time without penalty and the Partner making such loan may at any time recover from the defaulting Partner Partner, reasonable attorneys' fees and any other damages suffered as a result of the defaulting Partner's failure to make any payment or contribution.

Failure to Make Contributions. If either Partner fails in its obligation to make when due any payment of its contributions under Article 3.1, the noncontributing Partner and the other Partner shall be immediately given written notice of such fact by the Management Committee or any officer of the Partnership. Such other Partner shall have the right, but not the obligation, to make such contribution on behalf of any such noncontributing Partner. If such contribution is made by the other Partner, then its Capital Account shall be accordingly increased by the amount required hereunder to of the contribution. If such contribution is made from the funds of the Partnership or borrowed by the Partnership, then the noncontributing Partner’s Capital Account shall be reduced by the amount of such obligation contribution as appropriate. The noncontributing Partner shall constitute Indebtedness pay interest in the amount of such contribution it fails to make from such Partner the original due date of the contribution until the date of payment to the Partnership and shall bear interest payable or reimbursement to the Partnership from other Partner, as the date any such amount was due until the earlier of the date on which such Partner pays such indebtedness in full or case may be. Such interest shall be paid (i) to the other Partner elects to make payment as described in the fourth sentence of this Section, at a rate equal to the sum rate being charged by Chase Manhattan Bank, New York, New York, as announced publicly at the opening of business on such date for ninety (90) day loans to the Prime rate best commercial credit risks plus four five percent (or at such other rate as shall be established by an Act of the Partners), provided, that the rate of interest shall in no event 5%) per annum (not to exceed the maximum amount rate permitted by applicable law. Such interest shall not be treated as a capital contribution by either Partner. In addition, the Partnership may receive reasonable attorneys' fees incurred in recovering the amount of such debt and interest from the defaulting Partner and any other damages suffered as a result of such Failure to make such payment or contribution. In addition to the right of the Partnership to recover such indebtedness and interest, the other Partner may, but shall not be required to, make such payment or contribution ); and/or (without any interest thereonii) to the Partnership on behalf of the defaulting Partner. Any such payment or contribution shall constitute a loan to the defaulting Partner from the Partner and shall bear interest from the date such payment was made at a rate equal to the sum higher of the Prime Rate plus four percent rate specified in clause (i) above or at the rate actually charged to the Partnership if the Partnership borrowed the funds for such other rate contribution from a commercial bank or lender. When such repayment or reimbursement is made, as the case may be, the Capital Accounts shall be established by an Act of adjusted accordingly as if the Partners)noncontributing partner had made the contribution when due. Until such repayment or reimbursement is made in full, provided that all distributions hereunder (including distributions upon dissolution) which the rate of interest shall in no event exceed the maximum amount permitted by applicable law. Such loan noncontributing Partner would otherwise be entitled to receive, shall be payable on demandretained by the Partnership or paid directly to the other Partner, together with accrued interestas the case may be, and may be prepaid, credited against the amount of such repayment or reimbursement obligation until paid in whole or in part, together with interest accrued on the portion so prepaid, Xxx any time without penalty and the Partner making such loan may at any time recover from the defaulting Partner reasonable attorneys' fees and any other damages suffered as a result of the defaulting Partner's failure to make any payment or contributionfull.

Failure to Make Contributions. If either Partner fails in its obligation to make any payment or contribution of any amount required hereunder to the Partnership, such obligation shall constitute Indebtedness from such Partner to the Partnership and shall bear interest payable to the Partnership from the date any such amount was due until the earlier of the date on which such Partner pays such indebtedness in full or the other Partner elects to make payment as described in the fourth sentence of this Section, at a rate equal to the sum of the Prime rate plus four percent (or at such other rate as shall be established by an Act of the Partners), provided, that the rate of interest shall in no event exceed the maximum amount permitted by applicable law. Such interest shall not be treated as a capital contribution by either Partner. In addition, the Partnership may receive reasonable attorneys' fees incurred in recovering the amount of such debt and interest from the defaulting Partner and any other damages suffered as a result of such Failure to make such payment or contribution. In addition to the right of the Partnership to recover such indebtedness and interest, the other Partner may, but shall not be required to, make such payment or contribution (without any interest thereon) to the Partnership on behalf of the defaulting Partner. Any such payment or contribution shall constitute a loan to the defaulting Partner from the from. The Partner and shall bear interest from the date such payment payment. was made at a rate equal to the sum of the Prime Rate plus four percent (or at such other rate as shall be established by an Act of the Partners), provided that the rate of interest shall in no event exceed the maximum amount permitted by applicable law. Such loan shall be payable on demand, together with accrued interest, and may be prepaid, in whole or in part, together with interest accrued on the portion so prepaid, Xxx at any time without penalty and the Partner making such loan may at any time recover from the defaulting Partner reasonable attorneys' fees and any other damages suffered as a result of the defaulting Partner's failure to make any payment or contribution.

Failure to Make Contributions. If either Partner fails in its obligation to make any payment or contribution of any amount required hereunder to the Partnership, such obligation shall constitute Indebtedness from such Partner to the Partnership and shall bear interest payable to the Partnership from the date any such amount was due until the earlier of the date on which such Partner pays such indebtedness in full or the other Partner elects to make payment as described in the fourth sentence of this Section, at a rate equal to the sum of the Prime rate plus four percent (or at such other rate as shall be established by an Act of the Partners), provided, that the rate of interest shall in no event exceed the maximum amount permitted by applicable law. Such interest shall not be treated as a capital contribution by either Partner. In addition, the Partnership may receive reasonable attorneys' fees incurred in recovering the amount of such debt and interest from the defaulting Partner and any other damages suffered as a result of such Failure to make such payment or contribution. In addition to the right of the Partnership to recover such indebtedness and interest, the other Partner may, but shall not be required to, make such payment or contribution (without any interest thereon) to the Partnership on behalf of the defaulting Partner. Any such payment or contribution shall constitute a loan to the defaulting Partner from the Partner and shall bear interest from the date such payment payment. was made at a rate equal to the sum of the Prime Rate plus four percent (or at such other rate as shall be established by an Act of the Partners), provided that the rate of interest shall in no event exceed the maximum amount permitted by applicable law. Such loan shall be payable on demand, together with accrued interest, and may be prepaid, in whole or in part, together with interest accrued on the portion so prepaid, Xxx any time without penalty and the Partner making such loan may at any time recover from the defaulting Partner reasonable attorneys' fees and any other damages suffered as a result of the defaulting Partner's failure to make any payment or contribution.

Failure to Make Contributions. If either Partner fails in ----------------------------- its obligation to make any payment or contribution of any amount required hereunder to the Partnership, such obligation shall constitute Indebtedness indebtedness from such Partner to the Partnership and shall bear interest payable to the Partnership from the date any such amount was due until the earlier of the date on which such Partner pays such indebtedness in full or the other Partner elects to make payment as described in the fourth sentence of this Section, at a rate equal to the sum of the Prime rate Rate plus four percent (or at such other rate as shall be established by an Act of the Partners), provided, that the rate of -------- interest shall in no event exceed the maximum amount permitted by applicable law. Such interest shall not be treated as a capital contribution by either Partner. In addition, the Partnership may receive recover reasonable attorneys' fees incurred in recovering the amount of such debt and interest from the defaulting Partner and any other damages suffered as a result of such Failure failure to make such payment or contribution. In addition to the right of the Partnership to recover such indebtedness and interest, the other Partner may, but shall not be required to, make such payment or contribution (without any interest thereon) to the Partnership on behalf of the defaulting Partner. Any such payment or contribution shall constitute a loan to the defaulting Partner from the other Partner and shall bear interest from the date such payment was made at a rate equal to the sum of the Prime Rate plus four percent (or at such other rate as shall be established by an Act of the Partners), provided that the rate of interest shall in no event exceed the maximum amount permitted by applicable law. Such loan shall be payable on demand, together with accrued interest, and may be prepaid, in whole or in part, together with interest accrued on the portion so prepaid, Xxx at any time without penalty and the Partner making such loan may at any time recover from the defaulting Partner reasonable attorneys' fees and any other damages suffered as a result of the defaulting Partner's failure to make any payment or contribution.