Performance by Assignor Sample Clauses
Performance by Assignor. Without limiting the foregoing, if at any time Company or any of its Affiliates become obligated to pay any amounts in respect of, or any fees, costs or expenses relating to, or otherwise to perform any obligations in respect of, any Retained Obligation, then, promptly upon notice thereof from Company, subject to Section 6(d) hereof, Assignor shall make any payments required to be made and perform any other obligation otherwise required to be performed by Company or any of its Affiliates.
Performance by Assignor. Assignor shall at all times diligently enforce its rights in, under and to the Tax Increment Agreement, unless otherwise directed by Assignee in writing, and shall, at Assignor’s sole cost and expense, appear in and defend Assignee and Lenders in any action or proceeding in any way connected with the Tax Increment Agreement, and shall pay all reasonable costs and expenses, including, without limitation, attorneys’ fees, which Assignee or Lenders may incur in connection with Assignee’s or Lenders’ appearance, voluntarily or otherwise, in any such action or proceeding in any way connected with the Tax Increment Agreement.
Performance by Assignor. (a) Notwithstanding this Assignment, Assignor shall remain liable for any obligations undertaken by it pursuant to any Lease. Upon the occurrence of an Event of Default, Lender may elect, in its sole discretion, to assume any and all such obligations of Assignor under any Lease by written notice to the tenant under such Lease with a copy to Assignor; provided, however, that Assignor shall remain liable for such obligations notwithstanding such election by Lender.
(b) Notwithstanding any legal presumption to the contrary, Lender shall not be obligated by reason of acceptance of this Assignment to perform any obligation of Assignor under the Leases. This Assignment shall not place responsibility for the control, care, management, upkeep, operation or repair of all or any part of the Premises upon Lender, or make Lender liable or responsible for any negligence in the control, care, management, upkeep, operation or repair of all or any part of the Premises resulting in loss or injury or death to any tenant, licensee, employee or other person or loss of or damage to the property of any of the foregoing.
(c) Assignor hereby agrees to defend, indemnify and hold harmless Lender from any and all claims, liability, loss or damage, costs and expenses (including reasonable attorneys’ fees) arising from any claims by any tenant under any Lease, except for actions arising solely by reason of Lender’s negligence.
(d) Assignor agrees that it will faithfully observe, discharge and perform all of the obligations and agreements imposed upon Assignor under the Leases. Assignor shall not do either of the following without the prior written consent of Lender, which will not be unreasonably withheld or delayed: (a) unless such Lease is 5,000 square feet or less, consent to any cancellation, extension or assignment or material modification or alteration of any of the Leases except in the normal course of business and consistent with sound and customary leasing and management practices for similar properties or (b) collect or accept payment of any of the Rents arising or accruing under any Lease more than one (1) month in advance of the time when the same shall become due under the terms of such Lease. All Leases shall be (i) at a rental and on terms consistent with the terms for similar leases in the market area of the Property and (ii) written on a standard form approved by Lender. Assignor shall at all times promptly and faithfully perform its obligations and agreements contain...
Performance by Assignor. ASSIGNOR covenants and agrees that it will perform and observe, duly and punctually, any and all of its obligation and duties as SUBLESSOR under the SUBLEASE in accordance with the terms thereof.
Performance by Assignor. Assignor covenants and agrees that it shall perform its obligations under the Tenant Leases in accordance with their terms. Assignor shall not default in the performance of any obligation of Assignor under any Tenant Lease if, by reason of such default, the Tenant or other party thereunder has the right to cancel such Tenant Lease or to claim any diminution or offset against future Rents, Issues or Profits.
Performance by Assignor. If the Assignee defaults in or breaches or fails to perform or observe any of the terms and conditions of the Drilling Agreement, the Assignor must forthwith upon receipt of notice from Phillips requiring it to do so, perform and obse▇▇▇ ▇▇▇ of those terms and conditions and thereafter will continue to perform and observe them until termination of the Drilling Agreement.