Common use of Right of Lessor to Perform Clause in Contracts

Right of Lessor to Perform. If Lessee shall fail to comply with the covenants herein contained, including its covenants with respect to the maintenance of insurance, the payment of taxes, assessments and other charges or keeping the Unit in repair and free of liens, charges and encumbrances, Lessor or the Security Trustees may, but shall not be obligated to (1) make advances to perform the same, and (ii) enter upon the land where the Unit is located to perform any and all acts required by Lessee's covenants herein contained and to take all such action thereon as in the Lessor's or the Security Trustees' opinion may be necessary or appropriate therefor. All payments so made by Lessor or the Security Trustees and all costs and expenses (including without limitation reasonable attorneys' fees and expenses) incurred in connection therewith shall be payable by Lessee upon demand as additional rent hereunder, with simple interest at the rate of 10% per annum. No entry shall be deemed an eviction of Lessee or a repossession of the Unit, and no such advance, performance or other act shall be deemed to relieve Lessee from any default hereunder.

Right of Lessor to Perform. If Lessee shall fail to comply with the covenants herein contained, including its covenants with respect to the maintenance of insurance, the payment of taxes, assessments and other charges or keeping the Unit Units in repair and free of liens, charges and encumbrances, Lessor or the Security Trustees may, but shall not be obligated to (1) make advances to perform the same, and (ii) enter upon the land where the any Unit is located to perform any and all acts required by Lessee's covenants herein contained and to take all such action thereon as in the Lessor's or the Security Trustees' opinion may be necessary or appropriate therefor. All payments so made by Lessor or the Security Trustees and all costs and expenses (including without limitation reasonable attorneys' fees and expenses) incurred in connection therewith shall be payable by Lessee upon demand as additional rent hereunder, with simple interest at the rate of 109% per annum. No entry shall be deemed an eviction of Lessee or a repossession of the any Unit, and no such advance, performance or other act shall be deemed to relieve Lessee from any default hereunder.