PERFORMANCE OF LESSEE'S OBLIGATIONS. Upon Lessee's failure to pay any amount or perform any obligation under any Lease when due, Lessor shall have the right, but shall not be obligated, to pay such sum or perform such obligation, whereupon such sum or cost of such performance shall immediately become due and payable thereunder, with interest thereon at the Default Rate from the date such payment or performance was made.
PERFORMANCE OF LESSEE'S OBLIGATIONS. Upon Lessee's failure to pay Rent (or any other sum due hereunder) or perform any obligation hereunder when due, Lessor shall have the right, but shall not be obligated, to pay such sum or perform such obligation, whereupon such sum or cost of such performance shall immediately become due and payable hereunder as additional Rent, with interest thereon at the highest legal rate from the date such payment or performance was made.
PERFORMANCE OF LESSEE'S OBLIGATIONS. If Lessee fails to perform any of its obligations hereunder, Lessor may perform any act or make any payment that Lessor deems reasonably necessary for the maintenance and preservation of the Equipment and Lessor's interests therein; provided, however, that the performance of any act or payment by Lessor shall not be deemed a waiver of, or release Lessee from, the obligation at issue. All sums so paid by Lessor, together with expenses (including legal fees and costs) incurred by Lessor in connection therewith, shall be paid to Lessor by Lessee immediately upon demand.
PERFORMANCE OF LESSEE'S OBLIGATIONS. If Lessee at any time shall fail to make any payment or perform any act on its part required to be made or performed under this Lease and not remedy the same within the applicable notice and/or cure period, then Lessor may, without waiving or releasing Lessee from any obligations or default hereunder, make such payment or perform such act for the account and at the expense of Lessee after delivering Lessee thirty (30) days’ notice with an opportunity to cure, and enter upon any portion of the Premises for the purpose of taking all such action as may be reasonably necessary. No such entry shall be deemed an eviction of Lessee. All sums so paid by Lessor and all necessary and reasonable incidental costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with the performance of any such act by it, together with interest at the Agreed Rate (as defined in Section 3 hereof) from the date of the making of such payment or the incurring of such costs and expenses, shall be payable by Lessee to Lessor upon Lessor’s written demand therefor.
PERFORMANCE OF LESSEE'S OBLIGATIONS. Lessor hereby acknowledges and agrees that Lessee may, in each case, to the extent permitted by and undertaken in accordance with applicable Legal Requirements, satisfy its obligation to perform any term or provision of this Lease (including the items with respect to which representations and warranties are made) by causing any Occupant to perform the same in accordance with all requirements of this Lease on Lessee’s behalf; provided, that nothing in the foregoing is intended (nor shall it be deemed or construed) to relieve Lessee of the continuing obligation to timely pay and/or perform each of its obligations and agreements hereunder and to comply with all requirements hereof and Lessee shall remain fully liable in all respects for the performance of its obligations hereunder in accordance with the terms hereof.
PERFORMANCE OF LESSEE'S OBLIGATIONS. If Lessee fails to perform any of its obligations hereunder, Lessor may perform any act or make any payment that Lessor deems reasonably necessary for the maintenance and preservation of the Equipment and Lessor's interests therein; provided that the performance of any act or payment by Lessor shall not be deemed a waiver of, or release Lessee from, the obligation at issue. All sums so paid by Lessor, together with expenses (including reasonable legal fees and costs) incurred by Lessor in connection therewith, shall be considered Rent hereunder, will bear interest at the lesser of 1.5% per month or the highest interest rate legally permissible, and shall be, without demand, immediately due and payable to Lessor by Lessee.
PERFORMANCE OF LESSEE'S OBLIGATIONS. If the Lessee fails to perform any of its obligations hereunder, Heavy Iron may do so on the Lessee's behalf and shall be entitled to an immediate reimbursement from the Lessee, without prejudice to any other of Heavy Iron's rights or remedies, and the Lessee appoints Heavy Iron its lawful attorney for such purposes. Any repairs or maintenance to Equipment performed by Heavy Iron on the Lessee's behalf shall, unless otherwise agreed to in writing by the parties hereto, be done in accordance with Heavy Iron's standard mechanical rate, on a time spent basis including travel time, together with the cost of parts and supplies consumed in the repair or maintenance.
PERFORMANCE OF LESSEE'S OBLIGATIONS. If Lessee shall fail to make any payment or perform any act required by the Lease, Lessor may, but shall not be obligated to, make such payment or perform such act for the account of and at the expense of Lessee without waiving or releasing any obligation or default. All sums expended and losses incurred by Lessor pursuant to this Section 5.3, plus interest thereon at the Overdue Rate from the date on which such sums are expended (or losses are incurred) to the date on which Lessee reimburses Lessor therefor, shall be included as Supplemental Rent hereunder and shall be paid by Lessee to Lessor upon demand.
PERFORMANCE OF LESSEE'S OBLIGATIONS. If the Lessee shall be in default hereunder, the lessor may cure such default on behalf of the Lessee, in which event the Lessee shall reimburse the Lessor for all sums paid to effect such cure, together with interest at the highest legal rate. In order to collect such reimbursement the Lessor shall have all the remedies available under this Lease for a default in the payment of rent.
PERFORMANCE OF LESSEE'S OBLIGATIONS. Should Lessee fail to make any payment or do any act required in this Master Lease or any Supplementary Schedule, Lessor has the right, but not the obligation, to make or do the same and to pay, purchase, contest or compromise any encumbrance, charge or lien which in the judgment of Lessor affects the Equipment, and in exercising any such rights, incur any liability and expend any reasonable amounts it deems necessary. Any action by Lessor on behalf of Lessee pursuant to this Section shall not be deemed to release Lessee from any obligation under this Master Lease or any Supplementary Schedule. All sums incurred and expended by Lessor pursuant to this Section shall be immediately payable as Additional Rent.
