Performance by Lessor. Should Lessee fail or refuse to do or perform any act or thing herein or in the CC&Rs provided to be done or performed, including but not limited to paying any tax, assessment or other charge upon the Leased Premises when due and payable as provided herein or in the CC&Rs, or any lien or claim arising out of the construction, repair, restoration, maintenance and use of the Property and the structures and improvements thereon, or any other claim, charge or demand which Lessee has agreed to pay under the covenants of this Lease or under the CC&Rs, and if such failure or refusal shall continue for a period of ten (10) days, or such longer time as is reasonably required, after written notice from Lessor specifying the nature of the act or thing to be done or performed, then Lessor may, at its option and without obligation or liability for failure to do so, do or perform or cause to be done or performed such act or thing or such other acts or things as it deems necessary to achieve compliance with the terms hereof, or of the CC&Rs (entering upon the Leased Premises for such purposes, if Lessor shall so elect), including but not limited to, paying any such tax, assessment, lien, claim, charge or demand, or settling or discharging such action therefor or judgment thereon. Lessor shall not be or be held liable or in any way responsible for any loss, inconvenience, annoyance or damage resulting to Lessee or the invitees, guests, licensees, contractors, or employees thereof, except insofar as such loss, inconvenience, annoyance or damage arises solely from Lessor’s failure to perform its obligations under this Lease or from any willful or grossly negligent act on the part of Lessor. All costs, expenses and other sums incurred or paid by Lessor in connection with the performance by Lessor of any such act or thing that Lessee has failed to perform shall be repaid to Lessor in accordance with the provisions of this Agreement and/or the CC&Rs, as applicable, together with interest thereon at the highest contract rate then permitted under the most favorable applicable law from the date of payment by Lessor until repaid, and any default in such repayment shall constitute a breach of the covenants and conditions of this Lease. Any act or thing done by Lessor pursuant to the provisions of this Paragraph shall not be or be construed as a waiver by Lessor of any such default by Lessee, or as a waiver of any covenant, term or condition contained herein or in the CC&Rs or of th...
Performance by Lessor. In the event that Lessee shall fail or neglect to do so or perform any act or thing herein provided by it to be done or performed and such failure shall continue for a period of thirty (30) days after written notice from Lessor specifying the nature of the act or thing to be done or performed, then Lessor may, but shall not be required to, do or perform or cause to be done or performed such act or thing (entering upon the leased premises for such purposes, if Lessor shall so elect), and Lessor shall not be or be held liable or in any way responsible for any loss, inconvenience, annoyance or damage resulting to Lessee on account thereof, and Lessee shall repay to Lessor upon demand the entire cost and expense thereof, including compensation to the agents and servants of Lessor. Any act or thing done by Lessor pursuant to the provisions of this paragraph shall not be or be construed as a waiver of any such default by Lessee, or as a waiver of any covenant, term or condition herein contained or of the performance thereof. All amounts payable by Lessee to Lessor under any of the provisions of this lease, if not paid when the same become due as in this lease provided, shall bear interest from the date the same become due until paid at the rate of six per cent (6%) per annum, compounded annually.
Performance by Lessor. If the Lessee fails to promptly perform any of its obligations under this Master Lease, Lessor may, at its option, perform such act or make such payment which the Lessor deems necessary. All sums paid or incurred by Lessor including reasonable attorneys fees shall be immediately due and payable by Lessee, without demand, and shall bear interest at the lesser of one and one-half percent (1-1/2%) per month or the highest rate permissible by law.
Performance by Lessor. If Lessee defaults under this Lease, Lessor, without waiving or curing the default, may, but shall not be obligated to, perform Lessee's obligations for the account and at the expense of Lessee. Notwithstanding Section 11.1b, in the case of an emergency, Lessor need not give any notice prior to performing Lessee's obligations. Lessee irrevocably appoints Lessor and Lessor's successor and assigns, with full power of substitution, as Lessee's attorney-in-fact, coupled with an interest, to execute, acknowledge and deliver any instruments in connection with Lessor's performance of Lessee's obligations if Lessee is in default, and to take all other acts in connection therewith.
Performance by Lessor. In the event of a default by Lessee hereunder which continues beyond the expiration of the applicable grace period, Lessor shall have the right to perform such defaulted obligation of Lessee, including the right to enter upon the Premises to do so. Lessor shall notify Lessee of its intention to perform such obligation. In the event of a default by Lessee hereunder which has not yet continued beyond the expiration of the applicable grace period but which Lessor determines constitutes an emergency threatening imminent injury to persons or damage to property, Lessor shall have the right to perform such defaulted obligation of Lessee (including the right to enter upon the Premises to do so) after giving Lessee such notice (if any) as is reasonable under the circumstances. In either event, the aggregate of (i) all sums so paid by Lessor, (ii) interest (at the rate of 1-1/2% per month or the highest rate permitted by law, whichever is less) on such sum, and (iii) all necessary incidental costs and expenses in connection with the performance of any such act by Lessor, shall be deemed to be Additional Rent under this Lease and shall be payable to Lessor immediately upon demand. Lessor may exercise its rights under this Section 14.6 without waiving any other of its rights or releasing Lessee from any of its obligations under this Lease.
Performance by Lessor. If Lessee shall default in the performance of any covenant required to be performed by it under this Lease, Lessor may perform the same for the account and at the expense of Lessee, after first giving notice to Lessee of its intention to do so. If Lessor at any time is compelled to pay, or elects to pay, any sum of money, by reason of the failure of Lessee to comply with any provisions hereof, or if Lessor is compelled to incur any expense, including reasonable counsel fees, in instituting, prosecuting or defending against any action or proceeding instituted by reason of any default of Lessee hereunder, the amount of such payments or expenses shall be paid by Lessee to Lessor as additional rent on the next day following such payment or the incurring of such expense upon which a regular monthly rental payment is due. THE FOLLOWING PARAGRAPHS SET FORTH WARRANTS OF AUTHORITY FOR AN ATTORNEY TO CONFESS JUDGMENT AGAINST LESSEE. IN GRANTING THIS RIGHT TO CONFESS JUDGMENT AGAINST LESSEE, LESSEE HEREBY KNOWINGLY, INTENTIONALLY AND VOLUNTARILY, AND, ON THE ADVISE OF THE SEPARATE COUNSEL OF LESSEE, UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS LESSEE HAD OR MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNTIED STATE AND THE COMMONWEALTH OF PENNSYLVANIA.
Performance by Lessor. Lessor shall have the right to accept or reject in Lessor's sole discretion any request by Lessee for the leasing of Products under this Agreement. Each Schedule shall be binding upon Lessor and Lessee in accordance with the terms contained herein. Lessor shall have no obligations with regard to any Schedule unless Lessor receives clear and unencumbered title to the Products (excluding Licensed Materials) either through an assignment of Lessee's rights and interests in the Products, or otherwise. In the event Lessor has not received such title prior to the Commencement Date of the applicable Schedule, Lessor may terminate its obligations hereunder, and reassign all rights and obligations with respect to the Products to Lessee without recourse or warranty. Lessee shall thereafter promptly reimburse Lessor for all expenses and other amounts incurred by Lessor with respect to such Products and transaction, plus interest from the date such amounts were disbursed by Lessor through the date such amounts are reimbursed by Lessee at the Overdue Rate.
Performance by Lessor. If Lessee fails to perform any -------------- --------------------- of the covenants to be performed by Lessee pursuant to the terms of this lease, or if Lessee fails to make any payment which Lessee agrees to make, then Lessor may, at Lessor's option, after ten (10) days' written notice to Lessee, perform any such affirmative covenants, or make any such payment, as Lessee's agent and Lessee shall pay the same together with a ten percent (10%) surcharge to cover Lessor's overhead as additional rent. The option given in this Article is for the sole protection of Lessor, and its existence shall not release Lessee from the obligation to perform any of the covenants herein provided to be performed by Lessee, or deprive Lessor of any legal rights which it may have by reason of any such failure of the Lessee to perform or any other default by Lessee.
Performance by Lessor. If Lessee shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Lessor may, but shall not be obligated to, and without notice or demand and without waiving or releasing Lessee from any obligation of Lessee under this Lease, make such payment or perform such other act to the extent Lessor may deem desirable, and in connection therewith to pay expenses and employ counsel. All sums so paid by Lessor and all expenses in connection therewith, together with interest thereon at the highest maximum rate permitted by law from the date of such payment, shall be deemed additional rent hereunder and be payable to Lessor on demand and at the time of any installment of rent thereafter becoming due, and Lessor shall have the same rights and remedies for the nonpayment thereof as in the case of default in the payment of rent.
Performance by Lessor. Lessor warrants that all work performed under this Lease shall comply with customary, reasonable and prudent standards of care in accordance with standards in the industry and must perform its services in a professional manner. Lessor shall perform all tasks/phases under the Lease, including construction and installation of the leased SCADA System Equipment in such a manner so as not to harm the structural integrity of the Facilities. Lessor shall remain responsible for the professional and technical accuracy of all services performed, whether by the Lessor or its subcontractors or others on its behalf, throughout the Term of this Lease.
