Common use of Performance By The Collateral Agent Clause in Contracts

Performance By The Collateral Agent. If the Debtor fails to ----------------------------------- perform or comply with any of its obligations or agreements contained herein, the Collateral Agent itself may, at its sole discretion, cause or attempt to cause performance or compliance with such agreement and, the expenses of the Collateral Agent, together with interest thereon at the Maximum Rate, shall be payable by the Debtor to the Collateral Agent on demand and shall constitute Obligations secured by this Agreement. The Collateral Agent, upon making such payment, shall be subrogated to all of the rights of the Person receiving such payment. Notwithstanding the foregoing, it is expressly agreed that the Collateral Agent shall not have any liability or responsibility for the performance of any obligation of the Debtor under this Agreement.

Performance By The Collateral Agent. If any of the Debtor Debtors ----------------------------------- fails to ----------------------------------- perform or comply with any of its obligations or agreements contained herein, the Collateral Agent itself may, at its sole discretion, cause or attempt to cause performance or compliance with such agreement andagreement, and the expenses of the Collateral Agent, together with interest thereon at the Maximum Rate, shall be payable by the Debtor Debtors to the Collateral Agent on demand and shall constitute Obligations secured by this Agreement. The Collateral Agent, upon making such payment, shall be subrogated to all of the rights of the Person receiving such payment. Notwithstanding the foregoing, it is expressly agreed that the Collateral Agent shall not have any liability or responsibility for the performance of any obligation of the any Debtor under this Agreement.