Common use of Failure to Execute Clause in Contracts

Failure to Execute. Tenant’s failure to execute and deliver such statement within the time required shall at Landlord’s election be a default under this Lease and shall also be conclusive upon Tenant that: (a) this Lease is in full force and effect and has not been modified except as represented by Landlord; (b) to Tenant’s knowledge, there are no uncured defaults in Landlord’s performance and that Tenant has no right of offset, counter-claim or deduction against Rent and (c) not more than one month’s Rent has been paid in advance.

Appears in 3 contracts

Samples: Sublease Agreement (Aegerion Pharmaceuticals, Inc.), Sublease Agreement (Aegerion Pharmaceuticals, Inc.), Sublease Agreement (Aegerion Pharmaceuticals, Inc.)

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Failure to Execute. Tenant’s 's failure to execute and deliver such statement within the time required shall at Landlord’s 's election be a default under this Lease and shall also be conclusive upon Tenant that: (a) this Lease is in full force and effect and has not been modified except as represented by Landlord; (b) to Tenant’s knowledge, there are no uncured defaults in Landlord’s 's performance and that Tenant has no right of offset, counter-claim or deduction against Rent and (c) not more than one month’s 's Rent has been paid in advance.

Appears in 2 contracts

Samples: Lease Agreement (Midwest Medical Insurance Holding Co), Lease Agreement (Nve Corp /New/)

Failure to Execute. Tenant’s failure to execute and deliver such statement within the time required shall at Landlord’s election be a default under this Lease and shall also be conclusive upon Tenant that: (a) this Lease is in full force and effect and has not been modified except as represented by Landlord; (b) to Tenant’s knowledge, there are no uncured defaults in Landlord’s performance and that Tenant has no right of offset, counter-claim or deduction against Rent and (c) not more than one month’s Rent has been paid in advance.

Appears in 2 contracts

Samples: Loan and Security Agreement (Hudson Pacific Properties, Inc.), Lease Agreement (Optelecom-Nkf, Inc.)

Failure to Execute. Tenant’s 's failure to execute and deliver such statement within the time required shall at Landlord’s election be a default under this Lease and shall also be conclusive upon Tenant that: (a) this Lease is in full force and effect and has not been modified except as represented by Landlord; (b) to Tenant’s knowledge, there are no uncured defaults in Landlord’s 's performance and that Tenant has no right of offset, counter-claim or deduction against Rent Rent; and (c) not more than one month’s 's Rent has been paid in advance.

Appears in 2 contracts

Samples: Office Lease (JCM Partners LLC), Office Lease (JCM Partners LLC)

Failure to Execute. Tenant’s 's failure to execute and deliver such ------------------ statement within the time required shall at Landlord’s 's election be a default under this Lease and shall also be conclusive upon Tenant that: (a) this Lease is in full force and effect and has not been modified except as represented by Landlord; (b) to Tenant’s knowledge, there are no uncured defaults in Landlord’s 's performance and that Tenant has no right of offset, counter-claim or deduction against Rent and (c) not more than one month’s 's Rent has been paid in advance.

Appears in 1 contract

Samples: Sublease Agreement (Global Maintech Corp)

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Failure to Execute. Tenant’s 's failure to execute and deliver such statement within the time required shall at Landlord’s 's election be a default under this Lease (within five (5) days of Landlord giving Tenant a Notice of Default and an opportunity to cure) and shall also be conclusive upon Tenant that: (a) this Lease is in full force and effect and has not been modified except as represented by Landlord; (b) to Tenant’s knowledge, there are no uncured defaults in Landlord’s 's performance and that Tenant has no right of offset, counter-claim or deduction against Rent and (c) not more than one month’s 's Rent has been paid in advance.

Appears in 1 contract

Samples: Lease Agreement (Sonus Networks Inc)

Failure to Execute. Tenant’s failure to execute and deliver such statement within the time required shall at Landlord’s election be a default under this Lease and shall also be conclusive upon Tenant that: (a) this Lease is in full force and effect and has not been modified except as represented by Landlord; (b) to Tenant’s knowledge, there are no uncured defaults in Landlord’s performance and that Tenant has no right of offset, counter-counter claim or deduction against Rent and (c) not more than one month’s Rent has been paid in advance.

Appears in 1 contract

Samples: Lease Agreement (Integrated Alarm Services Group Inc)

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