INDUCEMENT RECAPTURE IN EVENT OF BREACH. Any agreement by Lessor for free or abated rent or other charges applicable to the Premises, or the giving or paying by Lessor to or for Lessee of any cash or other bonus, inducement or consideration for Lessee's entering into this Lease, all of which concessions are hereinafter referred to as "inducement Provisions" shall be deemed conditioned upon Lessee's full and faithful performance of all of the terms, covenants and conditions of this Lease to be performed or observed by Lessee during the term hereof as the same may be extended. Upon the occurrence of a Breach (as defined in Paragraph 13.1) of this Lease by Lessee, any such inducement Provision shall automatically be deemed deleted from this Lease and of no further force or effect, and any rent, other charge, bonus, inducement or consideration theretofore abated, given or paid by Lessor under such an inducement Provision shall be immediately due an payable by Lessee to Lessor, and recoverable by Lessor, as additions rent due under this Lease, notwithstanding any subsequent cure of said Breach by Lessee. The acceptance by Lessor of rent or the cure of the Breach which initiated the operation of this Paragraph 13.3 shall not be deemed a waiver by Lessor of the provision of this Paragraph 13.3 unless specifically so stated in writing by Lessor at the time of such acceptance.
Appears in 1 contract
Samples: RVision, Inc.
INDUCEMENT RECAPTURE IN EVENT OF BREACH. Any agreement by Lessor for free or abated rent or other charges applicable to the Premises, or for the giving or paying by Lessor to or for Lessee of any cash or other bonus, inducement or consideration for Lessee's entering into this Lease, all of which concessions are hereinafter referred to as "inducement Inducement Provisions" shall be deemed deem conditioned upon Lessee's full and faithful performance of all of the terms, terms covenants and conditions of this Lease to be performed or observed by Lessee during the term hereof as the same may be extended. Upon the occurrence of a Breach (as defined in Paragraph 13.1) of this Lease by Lessee, any such inducement Inducement Provision shall automatically be deemed deleted from this Lease and of no further force or effect, and any rent, other charge, bonus, inducement or consideration theretofore abated, given or paid by Lessor under such an inducement Inducement Provision shall be immediately due an and payable by Lessee to Lessor, and recoverable by Lessor, as additions additional rent due under this Lease, notwithstanding any subsequent cure of said Breach by Lessee. The acceptance by Lessor of rent or the cure of the Breach which initiated the operation of this Paragraph 13.3 shall not be deemed a waiver by Lessor of the provision provisions of this Paragraph 13.3 unless specifically so as stated in writing by Lessor at the time of such acceptance.
Appears in 1 contract
Samples: Synbiotics Corp
INDUCEMENT RECAPTURE IN EVENT OF BREACH. Any agreement by Lessor for free or abated rent or other charges applicable to the Premises, or for the giving or paying by Lessor to or for Lessee of any cash or other bonus, inducement or consideration for Lessee's entering into this Lease, all of which concessions are hereinafter referred to as "inducement Inducement Provisions," shall be deemed conditioned upon Lessee's full and faithful performance of all of the terms, covenants and conditions of this Lease to be performed or observed by Lessee during the term hereof as the same may by be extended. Upon the occurrence of a Breach (of this Lease by Lessee, as defined in Paragraph 13.1) of this Lease by Lessee, any such inducement Provision shall automatically be deemed deleted from this Lease and of no further force or effect, and any rent, other charge, bonus, inducement or consideration theretofore abated, given or paid by Lessor under such an inducement Provision shall be immediately due an and payable by Lessee to Lessor, and recoverable by Lessor, Lessor as additions additional rent due under this Lease, notwithstanding any subsequent cure of said Breach by Lessee. The acceptance by Lessor of rent or the cure of the Breach which initiated the operation of this Paragraph 13.3 shall not be bee deemed a waiver by Lessor of the provision provisions of this Paragraph 13.3 unless specifically so stated in writing by Lessor at the time of such acceptance.
Appears in 1 contract
Samples: Assignment and Assumption of Lease (Leap Wireless International Inc)
INDUCEMENT RECAPTURE IN EVENT OF BREACH. Any agreement by Lessor for free or abated rent or other charges applicable to the Premises, or for the giving or paying by Lessor to or for Lessee of any cash or other bonus, inducement or consideration for Lessee's entering into this Lease, all of which concessions are hereinafter referred to as "inducement Inducement Provisions" shall be deemed conditioned upon Lessee's full and faithful performance of all of the terms, terms covenants and conditions of this Lease to be performed or observed by Lessee during the term hereof as the same may be extended. Upon the occurrence of a Breach (as defined in Paragraph 13.1) of this Lease by Lessee, any such inducement Inducement Provision shall automatically be deemed deleted from this Lease and of no further force or effect, and any rent, other charge, bonus, inducement or consideration theretofore abated, abated given or paid by Lessor under such an inducement Inducement Provision shall be immediately due an and payable by Lessee to Lessor, and recoverable by Lessor, as additions additional rent due under this Lease, notwithstanding any subsequent cure of said Breach by Lessee. The acceptance by Lessor of rent or the cure of the Breach which initiated _______ the operation of this Paragraph 13.3 shall not be deemed a waiver by Lessor of the provision provisions of this Paragraph 13.3 unless specifically so stated in writing by Lessor at the time of such acceptance.
Appears in 1 contract
Samples: Align Technology Inc
INDUCEMENT RECAPTURE IN EVENT OF BREACH. Any agreement by Lessor for free or abated rent or other charges applicable to the Premises, or for the giving or paying by Lessor to or for Lessee of any cash or other bonus, inducement or consideration for Lessee's entering into this Lease, all of which concessions are hereinafter referred to as "inducement Inducement Provisions" shall be deemed conditioned upon Lessee's full and faithful performance of all of the terms, covenants and conditions of this Lease to be performed or observed by Lessee during the term hereof as the same may be extended. Upon the occurrence of a Breach (as defined in Paragraph paragraph 13.1) of this Lease by Lessee, any such inducement Inducement Provision shall automatically be deemed deleted from this Lease and of no further force or effect, and any rent, other charge, bonus, inducement or consideration theretofore abated, given or paid by Lessor under such an inducement Inducement Provision shall be immediately due an and payable by Lessee to Lessor, and recoverable by Lessor, as additions additional rent due under this Lease, notwithstanding any subsequent cure of said Breach by Lessee. The acceptance by Lessor of rent or the cure of the Breach which initiated the operation of this Paragraph 13.3 shall not be deemed a waiver by Lessor of the provision provisions of this Paragraph 13.3 unless specifically so stated in writing by Lessor at the time of such acceptance.
Appears in 1 contract
Samples: Lease Agreement (3dshopping Com)
INDUCEMENT RECAPTURE IN EVENT OF BREACH. Any agreement by Lessor for free or abated rent or other charges applicable to the Premises, Premises or for the giving or paying by Lessor to or for Lessee of any cash or other bonus, inducement Inducement or consideration for Lessee's entering into this Lease, lease all of which concessions are hereinafter referred to as "inducement Inducement Provisions" shall be deemed conditioned upon Lessee's full and faithful performance of all of the terms, covenants and conditions of this Lease to be performed or observed by Lessee during the term hereof as the same may be extended. Upon the occurrence of a Breach breach (as defined in Paragraph 13.1??) of this Lease by Lessee, any such inducement Provision shall automatically be deemed deleted ?????? from this Lease and of no further force or effect, and any rentother form of ??????????, other charge, bonus, inducement or consideration theretofore abated, given or paid by Lessor Lessee under such an inducement Provision shall be immediately due an and payable by Lessee to Lessor, and recoverable by Lessor, as additions additional rent due under this Lease, notwithstanding any subsequent cure of said Breach by Lessee. The acceptance by Lessor of rent or the cure of the Breach which initiated the operation of this Paragraph 13.3 shall not be deemed a waiver by Lessor of the provision provisions of this Paragraph 13.3 unless specifically so stated in writing by Lessor at the time of such acceptance.
Appears in 1 contract
Samples: Launch Media Inc
INDUCEMENT RECAPTURE IN EVENT OF BREACH. Any agreement by Lessor for free or abated rent or other charges applicable to the Premises, or for the giving or paying by Lessor to or for Lessee of any cash or other bonus, inducement or consideration for Lessee's entering into this Lease, all of which concessions are hereinafter referred to as "inducement Inducement Provisions" shall be deemed conditioned upon Lessee's full and faithful performance of all of the termsforms, covenants and conditions of this Lease to be performed or observed by Lessee during the term hereof as the same may be extended. Upon the occurrence of a Breach (as defined in Paragraph 13.1) of this Lease by Lesseelessee, any such inducement Provision shall automatically be deemed deleted from this Lease lease and of no further force or effect, and any rent, other charge, bonus, inducement or consideration theretofore abated, given or paid by Lessor Lessor, under such an inducement Provision shall be immediately due an and payable by Lessee to Lessor, Lessor and recoverable by Lessor, as additions additional rent due under in this Lease, notwithstanding any subsequent cure of said Breach by Lessee. The acceptance by Lessor of rent or the cure of the Breach which initiated initialed the operation of this Paragraph 13.3 shall not be deemed a waiver by Lessor of the provision provisions of this Paragraph 13.3 unless specifically specially so stated in writing by Lessor at the time of such acceptance.
Appears in 1 contract
Samples: Liuski International Inc /De
INDUCEMENT RECAPTURE IN EVENT OF BREACH. Any agreement by Lessor for free or abated rent or other charges applicable to the Premises, or for the giving or paying by Lessor to or for Lessee of any cash or other bonus, inducement or consideration for Lessee's entering into this Lease, all of which concessions are hereinafter referred to as "inducement Inducement Provisions" shall be deemed conditioned upon Lessee's full and faithful performance of all of the terms, terms covenants and conditions of this Lease to be performed or observed by Lessee during the term hereof as the same may be extended. Upon the occurrence of a Breach (as defined declined in Paragraph 13.1) of this Lease by Lessee, Lessee any such inducement Inducement Provision shall automatically be deemed deleted from this Lease and of no further force or effect, effect and any rent, other charge, bonus, inducement or consideration theretofore abated, given or paid by Lessor under such an inducement Inducement Provision shall be immediately due an and payable by Lessee to Lessor, and recoverable by Lessor, Lessor as additions additional rent due under this Lease, Lease notwithstanding any subsequent cure of said Breach by Lessee. The acceptance by Lessor of rent or the cure of the Breach which initiated the operation of this Paragraph 13.3 shall not be deemed a waiver by Lessor of the provision provisions of this Paragraph 13.3 unless specifically so stated in writing by Lessor at the time of such acceptance.
Appears in 1 contract
Samples: Kaynar Holdings Inc
INDUCEMENT RECAPTURE IN EVENT OF BREACH. Any agreement by Lessor for free or abated rent or other charges applicable to the Premises, or for the giving or paying by Lessor to or for Lessee of any cash or other bonus, inducement or consideration for Lessee's entering into this Lease, all of which concessions are hereinafter referred to as "inducement Inducement Provisions" ", shall be deemed conditioned upon Lessee's full and faithful performance of all of the terms, covenants and conditions of this Lease to be performed or and observed by Lessee during the term hereof as the same may be extended. Upon the occurrence of a Breach (as defined in Paragraph 13.1) of this Lease by Lessee, as defined in Paragraph 13.1, any such inducement Inducement Provision shall automatically be deemed deleted from this Lease and of no further future force or effect, and any rent, other charge, bonus, inducement or consideration theretofore abated, given or paid by Lessor under such an inducement Inducement Provision shall be immediately due an and payable by Lessee to Lessor, and recoverable by Lessor, Lessor as additions additional rent due under this Lease, notwithstanding any subsequent cure of said Breach by Lessee. The acceptance by Lessor of rent or the cure of the Breach which initiated the operation of this Paragraph 13.3 shall not be deemed a waiver wavier by Lessor of the provision provisions of this Paragraph 13.3 unless specifically so stated in writing by Lessor at the time of such acceptance.
Appears in 1 contract
INDUCEMENT RECAPTURE IN EVENT OF BREACH. Any agreement by Lessor for free or abated rent or other charges applicable to the Premises, or for the giving or paying by Lessor to or for Lessee of any cash or other bonus, inducement or consideration for Lessee's entering into this Lease, all of which concessions are hereinafter referred to as "inducement Inducement Provisions," shall be deemed conditioned upon Lessee's full and faithful performance of all of the terms, covenants and conditions of this Lease to be performed or observed by Lessee during the term hereof as the same may be extended. Upon the occurrence of a Breach (of this Lease by Lessee, as defined in Paragraph 13.1) of this Lease by Lessee, any such inducement Provision shall automatically be deemed deleted from this Lease and of no further force or effect, and any rent, other charge, bonus, inducement or consideration theretofore abated, given or paid by Lessor under such an inducement Provision shall be immediately due an and payable by Lessee to Lessor, and recoverable by Lessor, Lessor as additions additional rent due under this Lease, notwithstanding any subsequent cure of said Breach by Lessee. The acceptance by Lessor of rent or the cure of the Breach which initiated the operation of this Paragraph 13.3 shall not be deemed a waiver by Lessor of the provision provisions of this Paragraph 13.3 unless specifically so stated in writing by Lessor at the time of such acceptance.
Appears in 1 contract
Samples: Southwall Technologies Inc /De/
INDUCEMENT RECAPTURE IN EVENT OF BREACH. Any agreement by Lessor for free or abated rent or other charges applicable to the Premises, or for the giving or paying by Lessor to or for Lessee of any cash or other bonus, inducement or consideration for Lessee's entering into this Lease, all of which concessions are hereinafter referred to as "inducement Inducement Provisions" shall be deemed conditioned upon Lessee's full and faithful performance of all of the terms, covenants and conditions of this Lease to be performed or observed by Lessee during the term hereof as the same may be extended. Upon the occurrence of a Breach (as defined in Paragraph 13.1) of this Lease by Lessee, any such inducement Inducement Provision shall automatically be deemed deleted from this Lease and of no further force or effect, and any rent, other charge, bonus, inducement or consideration theretofore abated, given or paid by Lessor under such an inducement Inducement Provision shall be immediately due an and payable by Lessee to Lessor, and recoverable by Lessor, Lessor as additions additional rent due under this Lease, notwithstanding any subsequent cure of said Breach by Lessee. The acceptance by Lessor of rent or the cure of the Breach which initiated the operation of this Paragraph 13.3 shall not be deemed a waiver by Lessor of the provision provisions of this Paragraph 13.3 unless specifically so stated in writing by Lessor at the time of such acceptance.
Appears in 1 contract
Samples: Intertrust Technologies Corp
INDUCEMENT RECAPTURE IN EVENT OF BREACH. Any agreement by Lessor for free or abated rent or other charges applicable to the Premises, or the giving or paying by Lessor to or for Lessee of any cash or other bonus, inducement or consideration for Lessee's entering into this Lease, all of which concessions conditions are hereinafter referred to as "inducement Inducement Provisions" shall be deemed conditioned upon Lessee's full and faithful performance of all of the terms, covenants and conditions of this Lease to be performed or observed by Lessee during the term hereof as the same may be extended. Upon the occurrence of a Breach (as defined in Paragraph 13.1) of this Lease by Lessee, any such inducement Inducement Provision shall automatically be deemed deleted from this Lease and of no further force or effect, and any rent, other charge, bonus, inducement or consideration theretofore abated, given or paid by Lessor under such an inducement Inducement Provision shall be immediately due an and payable by Lessee to Lessor, and recoverable by Lessor, as additions additional rent due under this Lease, notwithstanding any subsequent cure of said Breach by Lessee. The acceptance by Lessor of rent or the cure of the Breach which initiated the operation of this Paragraph 13.3 shall not Shall be deemed a waiver by Lessor of the provision provisions of this Paragraph 13.3 unless specifically so stated in writing by Lessor at the time of at such acceptance.
Appears in 1 contract
Samples: Nuvasive Inc