Right to Perform Covenants. Section 11.1 If at any time Tenant shall fail to obtain, pay for, maintain or deliver any of the insurance policies required of it herein, or to perform any other act on its part to be performed under this Lease or under any other agreement in respect of the Demised Premises to which Tenant is a party, then Landlord, without waiving or releasing Tenant from any obligation contained in this Lease, in addition to any and all other remedies Landlord may have hereunder or otherwise, may, but shall be under no obligation to (upon thirty (30) days' prior written notice to Tenant, unless there shall be unreasonable risk to the Demised Premises and/or the required insurance coverage will cease within such 30-day period):
(a) Take out, pay for and maintain any of the insurance policies provided for herein; or
(b) Pay any other sums, costs, expenses, charges, payments or deposits payable by Tenant hereunder or perform any other act on Tenant's part to be made or performed as in this Lease set forth, and Landlord may enter upon the Demised Premises for such purpose (subject to the Access Requirements) and take all such action with respect thereto as may be necessary therefor, subject to and in accordance with Governmental Requirements.
Section 11.2 All sums paid by Landlord and all costs and expenses incurred by Landlord in connection with the performance of any act permitted by Section 11.1, together with interest thereon at the rate of fifteen percent (15%) per annum or the highest rate permitted by law (whichever is less) from the respective dates of Landlord's making of each such payment or deposit, shall be paid by Tenant to Landlord on demand. Any provision of this Article 11 shall not be nor be deemed to be a waiver or release of the breach or default of Tenant with respect thereto or of the right of Landlord to terminate this Lease, institute summary proceedings and/or take such other action as may be permissible hereunder or otherwise if an event of default by Tenant shall have occurred. Landlord shall not be limited in the proof of any damages which it may claim against Tenant arising out of or by reason of Tenant's failure to provide and keep insurance in force or pay for same as aforesaid to the amount of the insurance premium or premiums not paid, but Landlord shall also be entitled to recover, as damages for such breach, the uninsured amount of any loss and damage and the costs and expenses of suit, including, without limitation, reasonable attorneys' f...
Right to Perform Covenants. Section 10.1 The TENANT covenants and agrees that if the TENANT 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, the LANDLORD, after the expiration of any time limitation set forth in this Lease (except in cases of emergency) may, but shall not be obligated to, make such payment or perform such other act to the extent the LANDLORD may deem desirable, and in connection therewith to pay expenses and employ counsel. All sums so paid by the LANDLORD and all expenses in connection therewith shall be deemed Additional Rent hereunder and be payable to the LANDLORD on the first day of the next month and the LANDLORD shall have the same rights and remedies for the nonpayment thereof as in the case of default in the payment of the basic rent reserved hereunder.
Right to Perform Covenants. If an Event of Default (as defined below) has occurred and is continuing, the Director, without demand upon the Company and without waiving or releasing any obligation or default, may, but shall be under no obligation to, upon ten (10) days' written notice to the Company (unless a shorter period is elsewhere provided in the Loan Documents), make such payment or perform such act for the account and at the expense of the Company and may enter upon the location of the Collateral or any part thereof for such purpose and take all such action thereon as, in the Director's opinion, may be necessary or appropriate for the protection of the Collateral. Under emergency conditions as determined in the sole discretion of the Director, no notice shall be required. All payments so made by the Director and all costs, fees and expenses, including without limitation reasonable attorneys' fees, incurred in connection therewith or in connection with the performance by the Director of any such act, together with interest thereon at the Interest Rate for Advances from the date of payment or incurrence, shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereof. In any action brought to collect such indebtedness or to otherwise pursue the remedies of the Director under this Security Agreement, the Director shall be entitled to the recovery of such expenses in such action except as limited by law or judicial order or decision entered in such action.
Right to Perform Covenants. 14.01 The provisions of “ARTICLE XIV” of the Xxxxxxxxx are deemed to be included herein and shall apply as between LANDLORD and TENANT hereunder as if the said “ARTICLE XIV” were fully set forth herein as a direct obligation between LANDLORD and TENANT hereunder and any obligations of the LANDLORD to the OVERLANDLORD with respects to the Demised Premises shall be complied with by TENANT.
Right to Perform Covenants. If Tenant fails to perform any of its obligations under this Lease, Landlord may, without the obligation to do so, after thirty (30) days prior written notice to Tenant without cure, perform such obligations on behalf and for the account of Tenant, and the costs thereof together with interest thereon at the Prime Rate as published by JX Xxxxxx Cxxxx plus 7% or the maximum rate permitted by applicable law shall be due and payable to Landlord on demand as Additional Rent. Notwithstanding the foregoing, if an emergency exists in Landlord’s reasonable opinion, then no prior notice shall be required for Landlord to enter the Premises and/or perform such obligations.
Right to Perform Covenants. If Lessee shall fail to perform any covenant or duty required of it by this Lease or by law shall take any action requiring Lessor's consent without having obtained such consent, Lessor shall have the right (but not the obligation), after giving Lessee such notice and right to cure as provided for herein, to perform such covenant or duty or to take any action to terminate any acts of Lessee undertaken without Lessor's consent, and if necessary to enter the Premises for such purposes without notice. The cost thereof to Lessor shall be payable by Lessee, within ten (10) days of Lessor's demand therefor, and Lessor shall have the same rights and remedies with respect to such costs as for rent. If Lessor shall fail
Right to Perform Covenants without prejudice to any other remedies Sub-Sublandlord may have, in the event of failure by the Sub-Subtenant to perform its covenants in this Sub-Sublease for a period of ten days after notice in writing is given to the Sub-Subtenant, the Sub-Sublandlord shall be entitled (but not obliged) to perform such covenants and the cost thereof plus an amount equal to 15% of such cost on account of the Sub-Sublandlord's time shall be payable to the Sub-Sublandlord by the Sub-Subtenant on demand of the Sub-Sublandlord as additional rent;
Right to Perform Covenants. If the Company shall fail to make any payment or perform any act required to be made or performed hereunder or under the Loan Agreement, the Note or any of the other Loan Documents, the (name of local jurisdiction), without demand upon the Company and without waiving or releasing any obligation or default, may, but shall be under no obligation to, upon ten (10) days' written notice to the Company (unless a shorter period is elsewhere provided), make such payment or perform such act for the account and at the expense of the Company and may enter upon the location of the Project Equipment or any part thereof for such purpose and take all such action thereon as, in the (name of local jurisdiction)'s opinion, may be necessary or appropriate for the protection of the Collateral. Under emergency conditions as determined in the sole discretion of the (name of local jurisdiction), no notice shall be required. All payments so made by the (name of local jurisdiction) and all costs, fees and expenses, including without limitation reasonable attorneys' fees, incurred in connection therewith or in connection with the performance by the (name of local jurisdiction) of any such act, together with interest thereon at the Interest Rate for Advances from the date of payment or incurrence, shall be subject to and secured by this Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereof. In any action brought to collect such indebtedness or to otherwise pursue the remedies of the (name of local jurisdiction) under this Security Agreement, the (name of local jurisdiction) shall be entitled to the recovery of such expenses in such action except as limited by law or judicial order or decision entered in such action.
Right to Perform Covenants. If the Company shall fail to make any payment or perform any act required to be made or performed hereunder or under the Loan Agreement, the Note or any of the other Loan Documents, the Director, without demand upon the Company and without waiving or releasing any obligation or default, may but shall be under no obligation to, upon ten (10) days' written notice to the Company (unless a shorter period is elsewhere provided), make such payment or perform such act for the account and at the expense of the Company and may enter upon the location of the Project Site or any part thereof for such purpose and take all such action thereon as, in the Director's opinion, may be necessary or appropriate. Under emergency conditions as determined in the sole discretion of the Director, no notice shall be required The Company hereby irrevocably constitutes and appoints the Director its true and lawful attorney-in-fact with full power of substitution in the premises to make any such payment or perform any such act in the name of the Company. All payments so made by the Director and all costs, fees and expenses, including without limitation, reasonable attorneys' fees and expenses incurred in connection therewith or in connection with the performance by the Director of any such act, together with interest thereon at the Interest Rate for Advances from the date of payment or incurrence, shall, together with such interest, be additional indebtedness secured by this Security Agreement and shall be paid by the Company to the Director on demand. In any action brought to collect such indebtedness or to foreclose or otherwise pursue the remedies of the Director under this Security Agreement, the Director shall be entitled to the recovery of such expenses in such action except as limited by law or judicial order or decision entered in such action.
Right to Perform Covenants. If Lessee shall fail to make any payment or perform any act required to be made or performed by Lessee hereunder, Lessor, without waiving or releasing any obligation on the part of Lessee or any Event of Default, may at any time thereafter make such payment or perform such act for the account and at the expense of Lessee. All sums so paid by Lessor and all expenses (including, without limitation, interest, overhead expenses, and reasonable attorneys' fees) so incurred, which will be deemed to be additional Rent and will become part of Lessee's Obligations, payable with Lessee's Obligations, payable by Lessee to Lessor on demand.
