Common use of Performance by Bank Clause in Contracts

Performance by Bank. Should any covenant, duty, or agreement of Borrower fail to be performed in accordance with the terms of the Loan Documents, Bank may, at its option, perform or attempt to perform such covenant, duty, or agreement on behalf of Borrower. In such event, or if Bank expends any sum pursuant to the exercise of any Right provided herein, Borrower shall, at the request of Bank, promptly pay to Bank any amount expended by Bank in such performance or attempted performance, together with interest thereon at the Maximum Rate from the date of such expenditure by Bank until paid. Notwithstanding the foregoing, it is expressly understood that Bank does not assume any liability or responsibility for the performance of any duties of Borrower or Guarantor hereunder or in connection with all or any part of the Collateral.

Performance by Bank. Should any covenant, duty, duty or agreement ------------------- of Borrower fail to be performed in accordance with the terms and conditions of any of the Loan DocumentsDocuments to which it is party, Bank may, at its option, perform perform, or attempt to perform perform, such covenant, duty, duty or agreement on behalf of Borrower. In such event, or if Bank expends any sum pursuant to the exercise of any Right provided herein, Borrower shall, at the request of Bank, promptly pay to Bank any amount expended by Bank in such performance or attempted performanceperformance to Bank at the office of Bank listed on the signature pages hereof, together with interest thereon at the Maximum Rate from the date of such expenditure by Bank until paid. Notwithstanding the foregoing, it is expressly understood that Bank does not assume and shall never have, except by express written consent, any liability or responsibility for the performance of any duties of Borrower hereunder, or Guarantor hereunder under or in connection with all or any part of the Collateral.

Performance by Bank. Should any covenant, duty, or agreement of Borrower fail to be performed in accordance with the terms of the Loan Documents, Bank may, at its option, perform or attempt to perform perform, such covenant, duty, or agreement on behalf of Borrower. In such event, or if Bank expends any sum pursuant to the exercise of any Right provided herein, Borrower shall, at the request of Bank, promptly pay to Bank any amount expended by Bank in such performance or attempted performance, together with interest thereon at the Maximum Rate from the date of such expenditure by Bank until paid. Notwithstanding the foregoing, it is expressly understood that Bank does not assume any liability or responsibility for the performance of any duties of Borrower or Guarantor hereunder or in connection with all or any part of the Collateral.

Performance by Bank. Should any covenant, duty, duty or agreement of Borrower fail to be performed in accordance with the terms and conditions of any of the Loan DocumentsDocuments to which it is party, Bank may, at its option, perform perform, or attempt to perform perform, such covenant, duty, duty or agreement on behalf of Borrower. In such event, or if Bank expends any sum pursuant to the exercise of any Right provided herein, Borrower shall, at the request of Bank, promptly pay to Bank any amount expended by Bank in such performance or attempted performanceperformance to Bank at the office of Bank listed on the signature pages hereof, together with interest thereon at the Maximum Rate from the date of such expenditure by Bank until paid. Notwithstanding the foregoing, it is expressly understood that Bank does not assume and shall never have, except by express written consent, any liability or responsibility for the performance of any duties of Borrower hereunder, or Guarantor hereunder under or in connection with all or any part of the Collateral.