Common use of RIGHT TO PERFORM FOR LESSEE Clause in Contracts

RIGHT TO PERFORM FOR LESSEE. If Lessee (a) fails to make any payment of Rent required to be made by it hereunder or (b) fails to perform or comply with any of its agreements contained herein, then, after giving reasonable advance notice (if reasonably practicable (and Lessee agrees that no more than two day’s advance notice shall be required in any event)) to Lessee of its intent to do so (with the understanding that, in certain circumstances, the absence of any advance notice may be reasonable), Lessor or Owner Participant may (but shall not be obligated to) make such payment or perform or comply with such agreement, and the amount of such payment and the amount of the expenses of Lessor or Owner Participant incurred in connection with such payment or the performance of or compliance with such agreement (as applicable), together with interest thereon at the Past-Due Rate, shall be deemed Supplemental Rent, payable by Lessee upon demand by Lessor or Owner Participant, whichever is entitled thereto. No such payment, performance or compliance shall be deemed to waive any Default or otherwise relieve Lessee of its obligations with respect thereto.

RIGHT TO PERFORM FOR LESSEE. If Lessee (a) fails to make any payment of Rent required to be made by it hereunder or (b) fails to perform or comply with any of its agreements contained hereinherein and such failure under this clause (b) continues for a period of 30 days after the earlier of Lessor or Owner Participant, thengiving written notice thereof to Lessee, or (c) fails to maintain the insurance required hereunder and such failure under this clause (c) continues for 10 days after giving reasonable advance notice (if reasonably practicable (and Lessee agrees that no more than two day’s advance notice shall be required in any event)) to Lessee of its intent to do so (with the understanding thatsuch notice, in certain circumstances, the absence of any advance notice may be reasonable), then Lessor or Owner Participant may (but shall not be obligated to) make such payment or perform or comply with such agreement, and the amount of such payment and the amount of the expenses of Lessor or Owner Participant incurred in connection with such payment or the performance of or compliance with such agreement (as applicable), together with interest thereon at the Past-Due Rate, shall be deemed Supplemental Rent, payable by Lessee upon demand by Lessor or Owner Participant, whichever is entitled thereto. No such payment, performance performance, or compliance shall be deemed to waive any Default or otherwise relieve Lessee of its obligations with respect thereto.

RIGHT TO PERFORM FOR LESSEE. If Lessee (a) fails to make any payment of Rent required to be made by it hereunder or (b) fails to perform or comply with any of its agreements contained hereinagreements, thencovenants or obligations herein or hereunder, the Owner Participant, the Indenture Trustee, the Administrative Agent or the Lessor may, after giving reasonable advance notice (if reasonably practicable (to the Lessee, to the extent permitted by Applicable Law and Lessee agrees that no more than two day’s advance notice shall be required in any event)) the Lessee's failure to Lessee of its intent to do so (with the understanding thatpromptly cure such non-performance, in certain circumstances, the absence of any advance notice may be reasonable), Lessor or Owner Participant may (but shall not be obligated to) , to the extent not prohibited by Applicable Law, itself make any such payment or perform or comply with any such agreement, covenant or obligation as the Lessee shall be obligated to pay, perform or comply with under this Facility Lease, and the amount of such payment and the amount of the reasonable expenses of the Owner Participant, the Indenture Trustee, the Administrative Agent or the Lessor or Owner Participant incurred in connection with such payment or the performance of or compliance with such agreement (agreement, covenant or obligation, as applicable)the case may be, together with interest thereon at the Past-Due Overdue Rate, shall be deemed Supplemental Rent, payable by the Lessee upon demand by Lessor or Owner Participant, whichever is entitled thereto. No such payment, performance or compliance shall be deemed to waive any Default or otherwise relieve Lessee of its obligations with respect theretodemand.

RIGHT TO PERFORM FOR LESSEE. If Lessee (a) fails to make any payment of Rent required to be made by it hereunder or (b) fails to perform or comply with any of its agreements contained hereinherein , then, after giving reasonable advance notice (if reasonably practicable (and Lessee agrees that no more than two day’s advance notice shall be required in any event)practicable) to Lessee of its intent to do so (with the understanding that, in certain circumstances, the absence of any advance notice may be reasonable), Lessor or Owner Participant Mortgagee may (but shall not be obligated to) make such payment or perform or comply with such agreement, and the amount of such payment and the amount of the expenses of Lessor or Owner Participant Mortgagee incurred in connection with such payment or the performance of or compliance with such agreement (as applicable), together with interest thereon at the Past-Due Rate, shall be deemed Supplemental Rent, payable by Lessee upon demand by Lessor or Owner ParticipantMortgagee, whichever is entitled thereto. No such payment, performance performance, or compliance shall be deemed to waive any Lease Default or otherwise relieve Lessee of its obligations with respect thereto.