Common use of RIGHT TO PERFORM FOR LESSEE Clause in Contracts

RIGHT TO PERFORM FOR LESSEE. If any Lessee shall fail to perform or comply with any of its agreements contained herein and either such failure shall continue for a period of 10 or more days after notice to Xxxxxx or to such Lessee by Lessor or the Agent or such failure has resulted in immediate material danger to any Leased Property or Lessor's or the Agent's interest therein, Lessor, upon reasonable notice to Xxxxxx or such Lessee, may 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 actual and 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, shall be deemed Supplemental Rent, payable by the related Lessee to Lessor within ten (10) days after written demand therefor.

Appears in 2 contracts

Samples: Lease Agreement (Hughes Supply Inc), Master Lease Agreement (Hughes Supply Inc)

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RIGHT TO PERFORM FOR LESSEE. If any Lessee shall fail to perform or comply with any of its agreements contained herein and either such failure shall continue for a period of 10 or more days after notice to Xxxxxx ChoicePoint or to such Lessee by Lessor or the Agent or such failure has resulted in immediate material danger to any Leased Property or Lessor's or the Agent's interest therein, Lessor, upon reasonable notice to Xxxxxx ChoicePoint or such Lessee, may 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 actual and 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, shall be deemed Supplemental Rent, payable by the related Lessee to Lessor within ten thirty (1030) days after written demand therefor.

Appears in 2 contracts

Samples: Master Lease Agreement (Choicepoint Inc), Master Lease Agreement (Choicepoint Inc)

RIGHT TO PERFORM FOR LESSEE. If any Lessee shall fail to perform or comply with any of its agreements contained herein and either such failure shall continue for a period of 10 or more days after notice to Xxxxxx or to such Lessee by Lessor or the Agent or such failure has resulted in immediate material danger to any Leased Property or Lessor's ’s or the Agent's ’s interest therein, Lessor, upon reasonable notice to Xxxxxx or such Lessee, may 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 actual and 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, shall be deemed Supplemental Rent, payable by the related Lessee to Lessor within ten thirty (1030) days after written demand therefor.

Appears in 1 contract

Samples: Master Lease Agreement (Checkfree Corp \Ga\)

RIGHT TO PERFORM FOR LESSEE. If any Lessee shall fail to perform or comply with any of its agreements contained herein and either such failure shall continue for a period of 10 or more days after Lessor may, on thirty (30) days' prior notice to Xxxxxx or to such Lessee by Lessor or the Agent (or such failure has resulted lesser period afforded by Applicable Law or any third party, except that no notice shall be required in immediate material danger the case of a default in the observance of the obligations to any Leased Property maintain insurance pursuant to Article IX, or Lessor's or in the Agent's interest therein, Lessor, upon reasonable notice event of emergency) to Xxxxxx or such Lessee, may 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 actual and reasonable attorneys' attorney's fees and expenses) incurred in connection with such payment or the performance of or compliance with such agreement, as the case may be, shall be deemed Supplemental Rent, payable by the related Lessee to Lessor within ten (10) days days' after written demand therefor.

Appears in 1 contract

Samples: Master Lease and Development Agreement (Atria Communities Inc)

RIGHT TO PERFORM FOR LESSEE. If any Lessee shall fail to perform or comply with any of its agreements contained herein and either such failure shall continue for a period of 10 or more days after notice to Xxxxxx DAP SUB or to such Lessee by Lessor or the Agent or such failure has resulted in immediate material danger to any Leased Property or Lessor's or the Agent's interest therein, Lessor, upon reasonable notice to Xxxxxx DAP SUB or such Lessee, may 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 actual and 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, shall be deemed Supplemental Rent, payable by the related Lessee to Lessor within ten thirty (1030) days after written demand therefor.

Appears in 1 contract

Samples: Lease Agreement (Discount Auto Parts Inc)

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RIGHT TO PERFORM FOR LESSEE. If any the Lessee shall fail to perform or comply with any of its agreements contained herein and either such failure shall continue for a period of 10 or more days after the Lessor may, on thirty (30) days' prior notice to Xxxxxx or to such Lessee by Lessor or the Agent (or such failure has resulted lesser period afforded by Applicable Law or any third party, except that no notice shall be required in immediate material danger the case of a default in the observance of the obligations to any Leased Property or Lessor's or maintain insurance pursuant to ARTICLE IX hereto) to the Agent's interest therein, Lessor, upon reasonable notice to Xxxxxx or such Lessee, may perform or comply with such agreement, and the 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 the Lessor (including actual and reasonable attorneys' attorney's fees and expenses) incurred in connection with such payment or the performance of or compliance with such agreement, as the case may be, shall be deemed Supplemental Rent, payable by the related Lessee to the Lessor within ten (10) days after written demand therefor.

Appears in 1 contract

Samples: Lease Agreement (Minnesota Power Inc)

RIGHT TO PERFORM FOR LESSEE. If any Lessee shall fail to perform or comply with any of its agreements contained herein and either such failure shall continue for a period of 10 or more days after notice to Xxxxxx or to such Lessee Borders by Lessor or the Agent or such failure has resulted in immediate material danger to any Leased Property or Lessor's or the Agent's interest therein, Lessor, upon reasonable notice to Xxxxxx or such LesseeBorders, may 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 actual and 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, shall be deemed Supplemental Rent, payable by the related Lessee to Lessor within ten (10) days after written demand therefor.

Appears in 1 contract

Samples: Master Lease Agreement (Borders Group Inc)

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