Performance by Primary Hotel Sample Clauses

Performance by Primary Hotel. If the Primary Hotel shall default in any of the Primary Hotel's obligations under Section 4.1 hereof, or there shall exist a bona fide dispute with the Primary Hotel under Section 4.1 hereof and Tenant notifies Landlord in writing that Tenant has previously notified the Primary Hotel of such dispute and that such default or notice has been disregarded or not reasonably satisfactorily acted upon, then upon Tenant's request and provided Tenant is not in default under this Lease, Landlord shall 15 use reasonable efforts to enforce Landlord's rights under the hotel management agreement with the Primary Hotel (the "HOTEL MANAGEMENT AGREEMENT") for Tenant's benefit, including, without limitation, giving notices, claims and demands to and on the Primary Hotel. Tenant shall reimburse Landlord for all costs incurred in connection with the enforcement of such rights. Notwithstanding the foregoing, Landlord shall have no obligation to commence any action at law or in equity to obtain any relief sought by Tenant by reason of the Primary Hotel's breach of the Primary Hotel's obligations under Section 4.1 hereof. If, after request from Tenant, Landlord shall fail or refuse to take appropriate action for the enforcement of Landlord's rights against the Primary Hotel with respect to Section 4.1 hereof, Tenant shall have the right to take such action in Tenant's own name, and for such purpose and only to such extent, all of the rights of Landlord under the Hotel Management Agreement are hereby conferred upon and conditionally assigned to Tenant and Tenant hereby is subrogated to such rights to the extent that the same shall apply to Section 4.1 hereof; provided, however, that (i) Tenant shall only have such rights if Tenant shall not be in default under this Lease and (ii) Landlord shall have the right to require Tenant to discontinue such action if in the reasonable opinion of Landlord such action may cause a default, cancellation, forfeiture or termination of the Hotel Management Agreement or any Senior Interest. If any such action against the Primary Hotel in Tenant's name shall be barred by reason of lack of privity, non-assignability or otherwise, Tenant may take such action in Landlord's name provided Tenant has obtained the prior consent of Landlord, and that copies of all papers and notices of all proceedings shall be promptly given to Landlord so that Landlord may be kept fully informed in respect thereof.
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Related to Performance by Primary Hotel

  • Performance by Seller Seller shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed or complied with by each of them, on or before the Closing Date.

  • Performance by Affiliates Each Party may discharge any obligations and exercise any right hereunder through any of its Affiliates. Each Party hereby guarantees the performance by its Affiliates of such Party’s obligations under this Agreement, and shall cause its Affiliates to comply with the provisions of this Agreement in connection with such performance. Any breach by a Party’s Affiliate of any of such Party’s obligations under this Agreement shall be deemed a breach by such Party, and the other Party may proceed directly against such Party without any obligation to first proceed against such Party’s Affiliate.

  • Performance by Purchaser Purchaser shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by Purchaser at or prior to the Closing Date.

  • Performance by Buyer Buyer shall have performed and complied with all covenants and agreements and satisfied all conditions required by this Agreement to be performed by Buyer on or before the Closing Date.

  • PERFORMANCE BY INVESTOR Investor shall have performed, satisfied and complied in all respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Investor at or prior to such Closing.

  • Performance by Agent If the Borrower shall fail to perform any covenant, duty or agreement contained in any of the Loan Documents, the Agent may perform or attempt to perform such covenant, duty or agreement on behalf of the Borrower after the expiration of any cure or grace periods set forth herein. In such event, the Borrower shall, at the request of the Agent, promptly pay any amount reasonably expended by the Agent in such performance or attempted performance to the Agent, together with interest thereon at the applicable Post-Default Rate from the date of such expenditure until paid. Notwithstanding the foregoing, neither the Agent nor any Lender shall have any liability or responsibility whatsoever for the performance of any obligation of the Borrower under this Agreement or any other Loan Document.

  • Performance by Landlord If Tenant fails to perform any obligation required under this Lease or by law or governmental regulation, Landlord in its sole discretion may, after ten (10) days prior written notice to Tenant, without waiving any rights or remedies and without releasing Tenant from its obligations hereunder, perform such obligation, in which event Tenant shall pay Landlord as additional rent all sums paid by Landlord in connection with such substitute performance, including interest at the Agreed Interest Rate (as defined in Section 19.J) within ten (10) days of Landlord's written notice for such payment.

  • Performance by Lender If the Pledgor shall fail to perform, observe or comply with any of the conditions, covenants, terms, stipulations or agreements contained in this Agreement or any of the other Financing Documents, the Lender without notice to or demand upon the Pledgor and without waiving or releasing any of the Obligations or any Default or Event of Default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and at the expense of the Pledgor, and may enter upon the premises of the Pledgor for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose and the Pledgor hereby irrevocably appoints the Lender as its attorney-in-fact to do so, with power of substitution, in the name of the Lender or in the name of the Pledgor or otherwise, for the use and benefit of the Lender, but at the cost and expense of the Pledgor and without notice to the Pledgor. All sums so paid or advanced by the Lender together with interest thereon from the date of payment, advance or incurring until paid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costs, shall be paid by the Pledgor to the Lender on demand, and shall constitute and become a part of the Obligations.

  • Performance by the Purchaser The Purchaser shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Purchaser at or prior to the Initial Closing and as of each Settlement Date.

  • Performance; No Default The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14) no Default or Event of Default shall have occurred and be continuing.

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