Common use of Late Payment by Lessor; Breach of Warranty Clause in Contracts

Late Payment by Lessor; Breach of Warranty. If the Lessor fails to timely pay the Vendor as set forth in Section 4.3 hereof, or any representation, warranty or statement made by the Lessor herein shall prove false in any material respect when made or furnished, the Lessee may, at its option, take any one or more of the following actions: x. Xxxxxx agrees that it shall reimburse Lessee for any late charges associated with such late payment upon presentation by Xxxxxx of satisfactory evidence of payment of such late charge. b. Institute all remedies available to the Lessee as available at law or in equity. c. Terminate this Agreement with respect to future financings provided that all existing Appendices shall remain in effect. d. Upon the Lessee's exercise of any of the remedies herein, the Lessee shall not exercise any further remedy against the Lessor.

Late Payment by Lessor; Breach of Warranty. If the Lessor fails to timely pay the Vendor as set forth in Section 4.3 hereof, or any representation, warranty or statement made by the Lessor herein shall prove false in any material respect when made or furnished, the Lessee may, at its option, take any one or more of the following actions: x. Xxxxxx a. Lessor agrees that it shall reimburse Lessee for any late charges associated with such late payment upon presentation by Xxxxxx Lessee of satisfactory evidence of payment of such late charge. b. Institute all remedies available to the Lessee as available at law or in equity. c. Terminate this Agreement with respect to future financings provided that all existing Appendices shall remain in effect. d. Upon the Lessee's exercise of any of the remedies herein, the Lessee shall not exercise any further remedy against the Lessor.