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.
Appears in 9 contracts
Samples: Master Equipment Lease Agreement, Master Equipment Lease Agreement (Independent Capital Trust), Master Equipment Lease Agreement (Digital Lightwave Inc)
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 Facilities and Lessor's ’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 (expenses, including legal fees and costs) , incurred by Lessor in connection therewith, shall be paid to Lessor by Lessee immediately upon demand.
Appears in 3 contracts
Samples: Services Agreement (Metropcs Communications Inc), Services Agreement (Metropcs Communications Inc), Master Equipment and Facilities Lease Agreement (Metropcs Communications Inc)
LESSOR'S PERFORMANCE OF LESSEE'S OBLIGATIONS. If Lessee fails Lessor may, in its sole discretion, upon written notice to perform any of its obligations hereunderLessee, Lessor may perform any act or make any payment or perform any obligation on behalf of Lessee or take any action that Lessor deems reasonably necessary for the maintenance to maintain and preservation of the preserve any or all Equipment Assets and Lessor's interests therein; provided, however, that the performance . Lessee shall not deem Lessor's payment or action to be Lessor's waiver of any act Default or payment by Lessor shall not be deemed a waiver of, Event of Default or release of Lessee. Lessee from, the obligation at issue. All shall pay immediately on demand 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.
Appears in 1 contract
Samples: Asset Sale and Lease Agreement (U.S. Stem Cell, Inc.)
LESSOR'S PERFORMANCE OF LESSEE'S OBLIGATIONS. If Lessee fails to perform any of its obligations hereunder, then upon written notice to Lessee as shall be reasonable under the circumstances, 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 reasonable and actual legal fees and costs) incurred by Lessor in connection therewith, shall be paid to Lessor by Lessee immediately upon demand.
Appears in 1 contract
Samples: Master Equipment Lease Agreement (Western Digital Corp)