Common use of LESSOR’S RIGHT TO PERFORM LESSEE’S COVENANTS Clause in Contracts

LESSOR’S RIGHT TO PERFORM LESSEE’S COVENANTS. If Lessee shall at any time fail to pay any sum in accordance with the provisions hereof, or shall fail to make any other payment or perform any other act on its part to be made or performed, then Lessor, after ten (10) days’ written notice to Lessee following any other grace period or extensions allowed in this Lease (or without notice in case of emergency) and without waiving, or releasing Lessee from any obligation of Lessee contained in this Lease, may, but shall be under no obligation to: (a) pay any sum payable by Lessee pursuant to the provisions hereof; or (b) make any other payment or perform any other act on Lessee’s part to be made or performed as in this Lease provided; and may enter upon the Premises for any such purpose, and take all such action thereon, as may be necessary therefor. All sums so paid by Lessor and all costs and expenses, including reasonable attorneys’ fees, incurred by Lessor in connection with the performance of any such act shall be paid by Lessee to Lessor on demand, together with interest thereon at the rate of fifteen percent (15%) per annum from the respective dates of Lessor’s making of each such payment or incurring of each such cost and expense, including reasonable attorney’s fees, until repaid by Lessee in full.

Appears in 3 contracts

Samples: Lease (Coinstar Inc), Lease (Coinstar Inc), Lease (Coinstar Inc)

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LESSOR’S RIGHT TO PERFORM LESSEE’S COVENANTS. If Lessee covenants and agrees that if it shall at any time fail to pay any sum tax, charge assessment or imposition in accordance with the provisions hereofof Section 4, or shall fail to make any other payment or perform any other act on its the part of Lessee to be made or performed, then LessorLessor may (but shall not be obligated so to do), after ten (10) days’ written notice to without further demand upon Lessee following any other grace period or extensions allowed in this Lease (or without notice in case of emergency) and without waiving, waiving or releasing Lessee from any obligation obligations of Lessee contained in this Lease, may, but shall be under no obligation tolease contained: (ai) pay any sum tax, charge, assessment or imposition payable by Lessee pursuant to the provisions hereof; of Section 4, or (bii) make any other payment or perform any other act on Lessee’s 's part to be made or performed as in this Lease lease provided; and may enter upon the Premises for any such purpose, and take all such action thereon, as may be necessary therefor. All sums so paid by Lessor Lessor, and all necessary incidental costs and expenses, including reasonable attorneys’ fees, incurred by Lessor expenses in connection with the performance of any such act shall be paid by Lessee to Lessor on demandLessor, together with interest thereon at the rate of fifteen four percent (15%) per annum plus the prime rate of interest being charged at the time by Nations Bank in St. Louis, Missouri from the respective dates date of the making of such expenditure by Lessor, shall be deemed additional rent hereunder and shall be payable to Lessor on demand, or at the option of Lessor may be added to basic rent due or thereafter becoming due under this Lease, and Lessee covenants to pay any such sum or sums with interest as aforesaid and Lessor shall have (in addition to any other right or remedy of Lessor’s making ) the same rights and remedies in the event of each such the non-payment or incurring thereof by Lessee as in the case of each such cost and expense, including reasonable attorney’s fees, until repaid default by Lessee in fullthe payment of the fixed rental.

Appears in 1 contract

Samples: Lease (Acme Television LLC)

LESSOR’S RIGHT TO PERFORM LESSEE’S COVENANTS. If Lessee shall at any time fail to pay any sum in accordance with the provisions hereof, or shall fail to make any other payment or perform any other act on its part required to be made or performedperformed by this lease, then Lessor, after ten (10) days’ } days written notice to Lessee following any other grace period or extensions allowed in this Lease (Lessee, or without notice in case of an emergency) , and without waiving, waiving or releasing Lessee from any obligation of Lessee contained in this Leaselease or from any default by Lessee and without waiving Lessor's right to take such action as may be permissible under this lease as a result of such default, may, but shall be under no obligation to: (a) pay any sum payable by Lessee pursuant to the provisions hereof; or (b) , make any other payment or perform any other act on Lessee’s 's part required to be made or performed as in by<'this lease. If Lessor at any time so elects or is compelled by any other person to cure any breach by Lessee, or is compelled to incur any other ·expense arising out of any breach of this Lease provided; lease by Lessee (incl.udii>.g, .without limitatj,~m, reasonable attorneys' fees, engineering and may enter upon the Premises for any such purposeexpert witness fees, and take all such action thereondisbursements in instituting, as may be necessary therefor. All prosecuting or defending any suits, actions or proceedings to enforce Lessor's rights ·under this or any other Section of this lease or otherwise), the ·suin ·or sums so paid by Lessor and Lessor, with all interest, costs and expensesdamages, including reasonable attorneys’ fees, incurred by Lessor in connection with the performance of any such act shall be paid by Lessee to Lessor on within five (5) days following written demand, together with interest thereon at . Such expenses may be recovered in the rate same action or proceeding forming the basis of fifteen percent (15%) per annum from the respective dates of Lessor’s making of each such payment or incurring of each such cost and expense, including reasonable attorney’s fees, until repaid by Lessee in fulldefault. ····:.:.: .

Appears in 1 contract

Samples: Agreement

LESSOR’S RIGHT TO PERFORM LESSEE’S COVENANTS. If Lessee shall at any time fail to pay any sum in accordance with the provisions hereofof this lease, or shall fail to make any other payment or perform any other act on its part to be made or performed, then Lessor, after ten (10) days' written notice to Lessee following any other grace period or extensions allowed in this Lease (or without notice in case of emergency) and without waiving, waiving or releasing Lessee from any obligation of Lessee contained in this Leaselease, may, but shall be under no obligation to: (a) pay any sum payable by Lessee pursuant to the provisions hereof; of this lease, or (b) make any other payment or perform any other act on Lessee’s 's part to be made or performed as provided in this Lease provided; lease, and may enter upon the Premises premises for any such purpose, and take all such action thereonon the premises, as may be necessary thereforfor the premises. All sums so paid by Lessor and all costs and expenses, including reasonable attorneys' fees, incurred by Lessor in connection with the performance of any such act shall be paid by Lessee to Lessor on demand, together with interest thereon at the rate of fifteen ten percent (1510%) per annum from the respective dates of Lessor’s 's making of each such payment or incurring of each such cost and expense, including reasonable attorney’s attorneys' fees, until repaid by Lessee in full.

Appears in 1 contract

Samples: Industrial Lease (Virtra Systems Inc)

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LESSOR’S RIGHT TO PERFORM LESSEE’S COVENANTS. If Lessee shall at any time fail to pay any sum in accordance with the provisions hereofof this Lease, or shall fail to make any other payment or perform any other act on its part to be made or performed, then Lessor, after ten (10) days’ written notice to Lessee following the expiration of any other applicable cure or grace period or extensions allowed in under this Lease (or without notice in case of emergency) and without waiving, or releasing Lessee from any obligation of Lessee contained in this Lease, may, but shall be under no obligation to: (a) pay any sum payable by Lessee pursuant to the provisions hereofof this Lease; or (b) make any other payment or perform any other act on Lessee’s 's part to be made or performed as in this Lease provided; and may enter upon the Premises for any such purpose, and take all such action thereon, as may be necessary therefornecessary. All sums so paid by Lessor and all costs and expenses, including reasonable attorneys' fees, incurred by Lessor in connection with the performance of any such act shall be paid by Lessee to Lessor on demand, together with interest thereon at the rate of fifteen eighteen percent (1518%) per annum from the respective dates of Lessor’s 's making of each such payment or incurring of each such cost and expense, including reasonable attorney’s 's fees, until repaid by Lessee in full.

Appears in 1 contract

Samples: Lease (Three Five Systems Inc)

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