Performance by Xxxxxx. If Borrower shall fail to perform any covenant, duty or agreement contained in any of the Loan Documents, Xxxxxx may perform or attempt to perform such covenant, duty or agreement on behalf of Borrower after the expiration of any cure or grace periods set forth herein. In such event, Xxxxxx shall give to Borrower written notice of the action promptly thereafter and Borrower shall, at the request of Xxxxxx, promptly pay any amount reasonably expended by Xxxxxx in such performance or attempted performance to Xxxxxx, together with interest thereon at the rate of interest in effect upon the occurrence of an Event of Default as specified in subsection 1.2(D) from the date of such expenditure until paid. Notwithstanding the foregoing, it is expressly agreed that Xxxxxx shall not have any liability or responsibility for the performance of any obligation of Borrower under this Agreement or any other Loan Document.
Performance by Xxxxxx. If Borrower shall fail to perform any covenant or agreement contained in any of the Loan Documents, then Lender may perform or attempt to perform such covenant or agreement on behalf of Borrower. In such event, Borrower shall, at the request of Xxxxxx, promptly pay to Lender any amount expended by Xxxxxx in connection with such performance or attempted performance, together with interest thereon at the Default Interest Rate from and including the date of such expenditure to but excluding the date such expenditure is paid in full. Notwithstanding the foregoing, it is expressly agreed that Lender shall not have any liability or responsibility for the performance of any covenant, agreement, or other obligation of Borrower under this Agreement or any other Loan Document.
Performance by Xxxxxx. If any Grantor shall fail to perform any covenants contained in this Agreement after giving effect to all applicable grace periods(including covenants to pay insurance, taxes and claims arising by operation of law in respect of the Pledged Collateral and to pay or perform any Grantor obligations under any Pledged Collateral) or if any representation or warranty on the part of any Grantor contained herein shall be breached, the Lender may (but shall not be obligated to) following notice to such Grantor of such failure to perform and such Grantor's failure to remedy such failure within a commercially reasonable time period, do the same or cause it to be done or remedy any such breach, and may make payments for such purpose; provided, however, that the Lender shall in no event be bound to inquire into the validity of any tax, Lien, imposition or other obligation which such Grantor fails to pay or perform as and when required hereby and which such Grantor does not contest in accordance with the provisions of the Loan Agreement. Any and all amounts so paid by the Lender shall be reimbursed by the Grantors in accordance with the provisions of Section 7.07. Neither the provisions of this Section 7.01 nor any action taken by the Lender pursuant to the provisions of this Section 7.01 shall prevent any such failure to observe any covenant contained in this Agreement nor any breach of representation or warranty from constituting an Event of Default.
Performance by Xxxxxx. If there shall be a Default or an Event of Default in the payment, performance or observance of any term, covenant or condition of this Instrument, Lender may, so long as such Default or Event of Default continues, at its option, pay, perform or observe the same, and all payments made or costs or expenses incurred by Lender in connection therewith, shall be secured hereby and shall be, upon demand, immediately repaid by Mortgagor to Lender with interest thereon at the Default Rate. Lender shall be the sole judge of the necessity for any such actions and of the amounts to be paid. Xxxxxx is hereby empowered to enter and to authorize others to enter upon the Land or any part thereof for the purpose of performing or observing any such defaulted term, covenant or condition without thereby becoming liable to Mortgagor or any person in possession holding under Mortgagor.
Performance by Xxxxxx. For meals that do not meet the CACFP meal requirements, the Sponsor shall procure meals and charge the Vendor to procure the meals. If the Vendor fails to deliver any of the meals according to the agreement terms, the Sponsor shall procure the meals from another source. The Sponsor will charge the Vendor the costs of replacing these meals. This Vendor certifies that they shall follow all applicable State and Federal laws and regulations. This agreement and attachments, with addenda, if any, constitute the entire agreement between the Sponsor and the Vendor. The parties shall not execute any additional documents about the agreement except as permitted by applicable law. This agreement shall be in effect for one year.
Performance by Xxxxxx. Meals that do not meet the School Nutrition Program (SNP) meal requirements, the Sponsor shall procure meals and charge the Vendor to procure the meal(s). If the Vendor fails to deliver any meals according to the contract terms, the Sponsor shall procure the meals from another source. The Sponsor will charge the Vendor the costs of replacing these meals. This Vendor certified that he/she shall operate in accordance with all applicable State and Federal laws and regulations. This solicitation/contract, attachments, and the Vendor's proposal, with addenda, if any, constitute the entire Agreement between the Sponsor and the Vendor. The parties shall not execute any additional contractual documents pertaining to the contract, except as permitted by applicable law. This Agreement shall be in effect for one year.
Performance by Xxxxxx. If any Borrower or any Guarantor shall fail to perform any covenant or agreement contained in any of the Loan Documents, then Lender may perform or attempt to perform such covenant or agreement on behalf of such Borrower or Guarantor. In such event, such Borrower or Guarantor shall, at the request of Xxxxxx, promptly pay to Lender on demand any amount expended by Lender in connection with such performance or attempted performance, together with interest thereon at the Maximum Rate (as such term is defined in the Note) from and including the date of such expenditure to but excluding the date such expenditure is paid in full. Notwithstanding the foregoing, it is expressly agreed that Lender shall not have any liability or responsibility for the performance of any covenant, agreement, or other obligation of any Borrower or any Guarantor under this Agreement or any other Loan Document.
Performance by Xxxxxx. Should any covenant, duty, or agreement of Borrower fail to be performed in accordance with the terms of the Loan Documents, Lender may, at its option, perform, or attempt to perform, such covenant, duty or agreement on behalf of Borrower. In such event, Borrower will pay to Lender on demand any amount expended by Xxxxxx in such performance or attempted performance, together with interest thereon at the rate provided in the Note for past‑due payments from the date of such expenditure by Xxxxxx until paid. Notwithstanding the foregoing, it is expressly understood that Xxxxxx does not assume and will never have any liability or responsibility for the performance of any duties of Borrower hereunder. Without limiting the generality of the foregoing, upon the occurrence of an Event of Default, Lender will have the right, in addition to any other right of Lender, but not the obligation, in its own name or in the name of Xxxxxxxx, to enter into or take possession of the Property.
Performance by Xxxxxx. If any Loan Party shall fail to perform any covenant, duty, or agreement contained in any of the Loan Documents, after the occurrence and during the continuance of a Default, Lender may perform or attempt to perform such covenant, duty, or agreement on behalf of such Loan Party. In such event, the applicable Loan Party shall, at the request of Xxxxxx, promptly pay any amount expended by Xxxxxx in such performance or attempted performance to Xxxxxx, together with interest thereon at the Default Rate from the date of such expenditure until paid. Notwithstanding the foregoing, it is expressly agreed that Lender shall have no liability or responsibility for the performance of any obligation of any Loan Party under this Agreement or any other Loan Document.
Performance by Xxxxxx. If BORROWER shall default in the payment, performance or observance of any term, covenant or condition of this Security Deed, LENDER may, at its option, pay, perform or observe the same, and all payments made or costs or expenses incurred by LENDER in connection therewith shall be secured hereby and shall be, without demand, immediately repaid by BORROWER to LENDER with interest thereon at the Default Rate provided in the Note. LENDER shall be the sole judge of the necessity for such actions and of the amounts to be paid. XXXXXX is hereby empowered to enter and to authorize others to enter upon the Subject Property or any part thereof for the purpose of performing or observing any such defaulted term, covenant or condition without hereby becoming liable to BORROWER or any person in possession holding under BORROWER. LENDER may (i) grant forbearance or an extension of time for the payment of all or any portion of the indebtedness secured hereby; (ii) take other or additional security for the payment of the indebtedness secured hereby; (iii) waive or fail to exercise any right granted hereunder or in the Note; (iv) release any part of the Subject Property from this Security Deed or otherwise change any of the terms, covenants, conditions or agreements of the Note or this Security Deed; (v) consent to the filing of any map, plat or replat affecting the Subject Property; (vi) consent to the granting of any easement or other right affecting the Subject Property; (vii) make or consent to any agreement subordinating the security title, security interest or lien hereof; or (viii) take or omit to take any action whatsoever with respect to the Note, this Security Deed, the Subject Property or any document or instrument evidencing, securing or in any way relating to the indebtedness secured hereby; all without releasing, discharging, modifying, changing or affecting any such liability, or precluding LENDER from exercising any such right, power or privilege or affecting the security of this Security Deed. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Subject Property, LENDER, without notice, is hereby authorized and empowered to deal with any such vendee or transferee with reference to the Subject Property or the indebtedness secured hereby, or with reference to any of the terms, covenants, conditions or agreements hereof, as fully and to the same extent as it might deal with the original parties hereto and without in ...