RIGHT TO PERFORM FOR LESSEE. If Lessee shall fail to perform or comply with any of its agreements contained herein, Lessor may, but shall not be obligated to, on five (5) Business Days' prior notice to Lessee (except in the event of an emergency, in which case only one (1) Business Day's prior notice shall be required), perform or comply with such agreement, and Lessor shall not thereby be deemed to have waived any default caused by such failure, and the amount of such payment and the amount of the expenses of Lessor (including reasonable attorneys' fees and expenses) incurred in connection with such payment or the performance of or compliance with such agreement, as the case may be, together with interest thereon at the Overdue Rate, shall be deemed Supplemental Rent, payable by Lessee to Lessor upon demand; provided, that in the case of an emergency Lessee shall permit -------- Lessor so to perform or comply on less than one Business Day's notice unless Lessee has a good faith reason not to permit Lessor to do so. Lease
Appears in 3 contracts
Samples: Participation Agreement (Electric Lightwave Inc), Participation Agreement (Electric Lightwave Inc), Participation Agreement (Electric Lightwave Inc)
RIGHT TO PERFORM FOR LESSEE. If Lessee shall fail to perform or comply with any of its agreements contained hereinherein and in Lessor's reasonably exercised judgment Lessee is not acting diligently and appropriately to perform or comply with such agreements, Lessor may, but shall not be obligated to, on five (5) Business Days' prior notice to Lessee (except that in the event case of an emergencyEmergency, in which case only one Lessee shall permit Lessor so to perform or comply on less than five (15) Business Day's prior Days' notice shall be requiredunless Lessee has a good faith reason not to permit Lessor to do so), perform or comply with such agreement, and Lessor shall not thereby be deemed to have waived any default caused by such failure, and the amount of such payment and the amount of the out-of-pocket and reasonably allocated internal expenses of Lessor (including reasonable attorneys' fees and expenses) incurred in connection with such payment or the performance of or compliance with such agreement, as the case may be, together with interest thereon at the Overdue Rate, shall be deemed Supplemental Rent, payable by Lessee to Lessor upon demand; provided, that in the case of an emergency Lessee shall permit -------- Lessor so to perform or comply on less than one Business Day's notice unless Lessee has a good faith reason not to permit Lessor to do so. Lease.
Appears in 2 contracts
Samples: Master Lease (Cisco Systems Inc), Master Lease (Remec Inc)
RIGHT TO PERFORM FOR LESSEE. If Lessee shall fail to perform or comply with any of its agreements contained herein, Lessor may, but shall not be obligated to, on five (5) Business Days' prior notice to Lessee (except in the event of an emergency, in which case only one (1) Business Day's prior notice shall be required), perform or comply with such agreement, and Lessor shall not thereby be deemed to have waived any default caused by such failure, and the amount of such payment and the amount of the expenses of Lessor (including reasonable attorneys' fees and expenses) incurred in connection with such payment or the performance of or compliance with such agreement, as the case may be, together with interest thereon at the Overdue Rate, shall be deemed Supplemental Rent, payable by Lessee to Lessor upon demand; provided, provided that in the case of an emergency Lessee shall permit -------- Lessor so to perform or comply on less than one Business Day's notice unless Lessee has a good faith reason not to permit Lessor to do so. Lease.
Appears in 2 contracts
Samples: Lease Agreement (Genesis Health Ventures Inc /Pa), Lease Agreement (Genesis Health Ventures Inc /Pa)
RIGHT TO PERFORM FOR LESSEE. If Lessee shall fail to perform or comply with any of its agreements contained herein, Lessor may, but shall not be obligated to, on five (5) Business Days' prior notice to Lessee (except in the event of an emergency, in which case only one (1) Business Day's ' s prior notice shall be required), perform or comply with such agreement, and Lessor shall not thereby be deemed to have waived any default caused by such failure, and the amount of such payment and the amount of the expenses of Lessor (including reasonable attorneys' fees and expenses) incurred in connection with such payment or the performance of or compliance with such agreement, as the case may be, together with interest thereon at the Overdue Rate, shall be deemed Supplemental Rent, payable by Lessee to Lessor upon demand; provided, provided that in the case of an emergency Lessee shall permit -------- Lessor so to perform or comply on less than one Business Day's notice unless Lessee has a good faith reason not to permit Lessor to do so. LeaseLEASE
Appears in 1 contract
Samples: Lease (Reebok International LTD)
RIGHT TO PERFORM FOR LESSEE. If Lessee shall fail to perform or comply with any of its agreements contained herein, Lessor may, but shall not be obligated to, on five (5) Business Days' Days prior notice to Lessee (except in the event of an emergency, in which case only one (1) Business Day's prior notice shall be required), perform or comply with such agreement, and Lessor shall not thereby be deemed to have waived any default caused by such failure, and the amount of such payment and the amount of the expenses of Lessor (including reasonable attorneys' fees and expenses) incurred in connection with such payment or the performance of or compliance with such agreement, as the case may be, together with interest thereon at the Overdue Rate, shall be deemed Supplemental Rent, payable by Lessee to Lessor upon demand; provided, provided that in the case of an emergency emergency, Lessee shall permit -------- Lessor so to perform or comply on less than one Business Day's notice unless Lessee if Lessor has a determined in good faith reason that such emergency did not to permit Lessor to do so. Leaseadditional time.
Appears in 1 contract
RIGHT TO PERFORM FOR LESSEE. If Lessee shall fail to perform or comply with any of its agreements contained herein, Lessor may, but shall not be obligated to, on five (5) Business Days' prior notice to Lessee (except in the event of an emergency, in which case only one (1) Business Day's prior notice shall be required), perform or comply with such agreement, and Lessor shall not thereby be deemed to have waived any default caused by such failure, and the amount of such payment and the amount of the expenses of Lessor (including reasonable attorneys' fees and expenses) incurred in connection with such payment or the performance of or compliance with such agreement, as the case may be, together with interest thereon at the Overdue Rate, shall be deemed Supplemental Rent, payable by Lessee to Lessor upon demand; provided, provided that in the case of an emergency Lessee shall permit -------- Lessor so to perform or comply on less than one Business Day's notice unless Lessee has a good faith reason not to permit Lessor to do so. Lease.
Appears in 1 contract
Samples: Lease (Reebok International LTD)