Common use of RIGHT TO ACT FOR LESSEE Clause in Contracts

RIGHT TO ACT FOR LESSEE. (a) In addition to and not in limitation of any other remedy Lessor or Sprint Collocator may have under this Agreement, if Lessee fails to make any payment or to take any other action (or to cause any Tower Subtenant to take any action) when and as required under this Agreement, subject to the following sentence, Lessor or Sprint Collocator may, without demand upon Lessee and without waiving or releasing Lessee from any duty, obligation or liability under this Agreement, make any such payment or take any such other action required of Lessee. Unless Lessee's failure results in or relates to an Emergency, Lessor or Sprint Collocator, as applicable, will give Lessee at least ten (10) days prior written notice of Lessor's or Sprint Collocator's intended action and Lessee will have the right to cure such failure within such ten (10) day period unless the same is not able to be remedied in such ten (10) day period, in which event such ten (10) day period will be extended, provided Lessee has commenced such cure within such ten (10) day period and continuously prosecutes the performance of the same to completion with due diligence. No notice will be required in the event of an Emergency. The actions which Lessor or Sprint Collocator may take will include, but are not limited to, the performance of maintenance or repairs and the making of replacements to the Towers and Improvements on each Site (and Lessor or Sprint Collocator, as applicable, will have full access to the Sites for such purpose), the payment of insurance premiums which Lessee is required to pay under this Agreement, the payment of Ground Rent which Lessee is required to pay under the Ground Leases and the payment of Taxes which Lessee is required to pay under this Agreement. Lessor or Sprint Collocator may pay all incidental costs and expenses incurred in exercising its rights under this Agreement, including, without limitation, reasonable attorneys' fees and expenses, penalties, re-instatement fees, late charges, and interest. An amount equal to one hundred twenty percent (120%) of the total amount of the costs and expenses (including salaries and benefits of employees) incurred by Lessor or Sprint Collocator in accordance with this Section 30 is referred to as the "REIMBURSABLE MAINTENANCE EXPENSES", and will be due and payable by Lessee upon demand and bear interest at the rate of twelve percent (12%) per annum from the date five (5) days after demand until paid by Lessee.

RIGHT TO ACT FOR LESSEE. (a) In addition to and not in limitation of any other remedy Lessor or any Sprint Collocator may have under this Agreement, if Lessee fails to make any payment or to take any other action (or to cause any Tower Subtenant to take any action) when and as required under this Agreement, subject to the following sentence, Lessor or the applicable Sprint Collocator may, without demand upon Lessee and without waiving or releasing Lessee from any duty, obligation or liability under this Agreement, make any such payment or take any such other action required of Lessee. Unless Lessee's failure results in or relates to an Emergency, Lessor or the Sprint Collocator, as applicable, will give Lessee at least ten (10) days prior written notice of Lessor's or the Sprint Collocator's intended action and Lessee will have the right to cure such failure within such ten (10) day period unless the same is not able to be remedied in such ten (10) day period, in which event such ten (10) day period will be extended, provided Lessee has commenced such cure within such ten (10) day period and continuously prosecutes the performance of the same to completion with due diligence. No notice will be required in the event of an Emergency. The actions which Lessor or the Sprint Collocator may take will include, but are not limited to, the performance of maintenance or repairs and the making of replacements to the Towers and Improvements on each Site (and Lessor or the Sprint Collocator, as applicable, will have full access to the Sites for such purpose), the payment of insurance premiums which Lessee is required to pay under this Agreement, the payment of Ground Rent which Lessee is required to pay under the Ground Leases and the payment of Taxes which Lessee is required to pay under this Agreement. Lessor or the Sprint Collocator may pay all incidental costs and expenses incurred in exercising its rights under this Agreement, including, without limitation, reasonable attorneys' fees and expenses, penalties, re-instatement fees, late charges, and interest. An amount equal to one hundred twenty percent (120%) of the total amount of the costs and expenses (including salaries and benefits of employees) incurred by Lessor or the Sprint Collocator in accordance with this Section 30 is referred to as the "REIMBURSABLE MAINTENANCE EXPENSESReimbursable Maintenance Expenses", and will be due and payable by Lessee upon demand and bear interest at the rate of twelve percent (12%) per annum from the date five (5) days after demand until paid by Lessee.