Performance by Lessee the Lessee must have performed all of the Lessee's obligations under this lease up to the date of the proposed assignment;
Performance by Lessee. ON BEHALF OF LESSOR The words "the greater of one month's Base Rent or the Security Deposit, and to pay an excess of such expense under protest, reserving Lessee's right to reimbursement from Lessor," appearing in the third and fourth lines, are deleted and replaced with "the actual amount spent by Lessee."
Performance by Lessee. All covenants and agreements to be performed by Lessee under any of the terms of this Lease shall be performed by Lessee at Lessee's sole cost and expense and without any offset or abatement of rent. If Lessee shall fail to pay any sum of money, other then Annual Basic Rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue for ten (10) days after notice thereof by Lessor, Lessor may, without waiving or releasing Lessee from obligations of Lessee, but shall not be obligated to, make any such payment or perform any such other act on Lessee's part to be made or performed as in this Lease provided all sums so paid by Lessor and all necessary incidental costs together with interest thereon at one and one-half (1-1/2) percent interest monthly but in no event to exceed the maximum rate permissible by law, from the date of such payment by Lessor, shall be payable to Lessor on demand. Lessee covenants to pay any such sums, and all sums so paid an expenses incurred by Lessor, together with late charges thereon, shall become additional rent and be paid by Lessee upon demand. Lessee shall have (in addition to any other right or remedy of Lessor) the same rights and remedies in the event of the non-payment thereof by Lessee as in the case of default by Lessee in the payment of the Annual Basic Rent.
Performance by Lessee. 5.1 LESSEE shall make itself familiar with, and shall at all times abide by, all literature or communications supplied by DigiCOURSE and pertaining to the assembly, installation, use, and/or safety aspects of the leased Equipment.
5.2 Upon termination of this Agreement for any reason, LESSEE Shall discontinue use of the Equipment and return same to DigiCOURSE at DigiCOURSE's facility in Harahan, Louisiana, in good condition and running order, ordinary wear and tear excepted.
5.3 Title to the Equipment shall at all times remain in DigiCOURSE, and LESSEE has no right to, and agrees not to attempt to, encumber or alienate same.
5.4 LESSEE agrees to prepare and submit to DigiCOURSE, prior to the last day of every month during the term of this Lease, A complete written list of all leases Equipment (including serial numbers) In LESSEE's possession.
5.5 LESSEE agrees to preserve in strict confidence and not disclose to third parties any information of a proprietary nature received from DigiCOURSE and designated as confidential. 3 Ref: 635-97 Client: Horizon Date: 27th March 97
Performance by Lessee. Performance by Lessee through the ----------------------- termination of the Lease with respect to any Phase of the Premises of all obligations required to be performed by Lessee under the Lease or this Agreement with respect to such Phase, as and when such obligations are required to be performed under the Lease or this Agreement, including in any case, without limitation, the payment of Base Rent, Lessee's Share of Common Area Operating Expenses and any other sums required to be paid by Lessee to Lessor. From and after the termination of the Lease with respect to any Phase of the Premises, and the performance by Lessee of the Termination Conditions with respect to such Phase, Lessee's payment of Base Rent and Lessee's Share of Common Area Operating Expenses (which shall be adjusted to reflect the reduction in the Premises following the termination of the Lease with respect to any Phase) and performance of other Lease obligations shall be required only with respect to the remaining Phase or Phases.
Performance by Lessee. On or before the Closing Date, Lessee --------------------- shall deposit in escrow with the Closing Agent, the following:
(i) Sufficient funds to consummate the purchase in accordance with this Option, including the amount of the Option Price less any credit for units of limited partnership to be transferred as described above, plus any Closing Costs for which Lessee is responsible.
(ii) Such other documents as are reasonably required to consummate this transaction.
Performance by Lessee. Without relieving the Issuer from the responsibility for performance and observance of the agreements and covenants required to be performed and observed by it hereunder, the Lessee, on behalf of the Issuer, may perform any such agreement or covenant.
Performance by Lessee. Lessee may satisfy any or all of its undertakings and obligations provided for in this Lease by causing its permitted sublessee, including, without limitation, the Applicant, to perform the same.
Performance by Lessee. Should Lessee default (a) in the payment of any sum of money due under this Agreement beyond the thirtieth (30th) day after receipt by Lessee of a bill xx statement for money due or other written notice from Lessor, or (b) in the performance of any other of its obligations under this Agreement for a continuous period of thirty (30) days after receipt by Lessee of written notice from Lessor, then and in any such event Lessor may at its option: (i) terminate this Agreement, (ii) whether or not this Agreement is terminated, take immediate possession of any or all of the Equipment, wherever situated, and for such purpose, enter upon any premises without liability for so doing, and (iii) sell, dispose of, hold, use or lease any Equipment as Lessor in its sole discretion may decide, without any duty to account to Lessee, and Lessee shall remain liable for the remaining unpaid rent for the balance of the initial term of this Agreement.
Performance by Lessee. All covenants and agreements to be performed by Lessee under any of the terms of this Lease will be performed by Lessee at Lessee's sole cost and expense, and without any abatement of rent.
