Landlord’s Cure. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant’s sole cost and expense and without any reduction of Rent, except to the extent, if any, otherwise expressly provided herein. If Tenant shall fail to perform any obligation under this Lease, and such failure shall continue in excess of the time allowed under Section 19.1.2, above, unless a specific time period is otherwise stated in this Lease, Landlord may, but shall not be obligated to, make any such payment or perform any such act on Tenant’s part without waiving its rights based upon any default of Tenant and without releasing Tenant from any obligations hereunder. Except as may be specifically provided to the contrary in this Lease, Tenant shall pay to Landlord, upon delivery by Landlord to Tenant of statements therefor: (i) sums equal to expenditures reasonably made and obligations incurred by Landlord in connection with the remedying by Landlord of Tenant’s defaults pursuant to the provisions of Section 26.1; (ii) sums equal to all losses, costs, liabilities, damages and expenses referred to in Article 10 of this Lease; and (iii) sums equal to all expenditures made and obligations incurred by Landlord in collecting or attempting to collect the Rent or in enforcing or attempting to enforce any rights of Landlord under this Lease or pursuant to law, including, without limitation, all reasonable legal fees and other amounts so expended. Tenant’s obligations under this Section 26.1 shall survive the expiration or sooner termination of the Lease Term.
Appears in 3 contracts
Samples: Lease Agreement (Organovo Holdings, Inc.), Lease (Organovo Holdings, Inc.), Lease (Conatus Pharmaceuticals Inc.)
Landlord’s Cure. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant’s sole cost and expense and without any reduction of Rent, except to the extent, if any, otherwise expressly provided herein. If Tenant shall fail to perform any obligation under this Lease, and such failure shall continue in excess of the time allowed under Section 19.1.2, 19.1.2 above, unless a specific time period is otherwise stated in this Lease, Landlord may, but shall not be obligated to, make any such payment or perform any such act on Tenant’s part without waiving its rights based upon any default of Tenant after the expiration of any applicable notice and cure period and without releasing Tenant from any obligations hereunder. Tenant’s obligations under this Section 26.1 shall survive the expiration or sooner termination of the Lease Term. Except as may be specifically provided to the contrary in this Lease, Tenant shall pay to Landlord, upon within twenty (20) days after delivery by Landlord to Tenant of statements therefor: (i) sums equal to expenditures reasonably made and obligations incurred by Landlord in connection with the remedying by Landlord of Tenant’s defaults pursuant to the provisions of Section 26.1; (ii) sums equal to all losses, costs, liabilities, damages and expenses referred to in Article 10 of this Lease; and (iii) sums equal to all expenditures made and obligations incurred by Landlord in collecting or attempting to collect the Rent or in enforcing or attempting to enforce any rights of Landlord under this Lease or pursuant to law, including, without limitation, all reasonable legal fees and other amounts so expended. Tenant’s obligations under this Section 26.1 shall survive the expiration or sooner termination of the Lease Term.
Appears in 2 contracts
Samples: Lease (Aethlon Medical Inc), Lease (Aethlon Medical Inc)
Landlord’s Cure. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant’s 's sole cost and expense and without any reduction or abatement of Base Monthly Rent, Additional Rent or any other Rent payable under the Lease except to the extent, if any, otherwise expressly provided hereinfor any abatement specifically permitted under Article 14 of this Lease. If Tenant shall fail to perform any obligation default in the performance of its obligations under this Lease, and such failure shall continue in excess of the time allowed under Section 19.1.2, above, unless a specific time period is otherwise stated in this Lease, Landlord may, but shall not be obligated to, make any such payment or perform any such act on Tenant’s 's part without waiving its rights right based upon any default of Tenant and without releasing Tenant from any obligations hereunder. Except as may be specifically provided to the contrary in this Leasehereunder and Tenant shall, Tenant shall pay to Landlord, upon within fifteen (15) days after delivery by Landlord to Tenant of statements therefor: (i) sums equal to expenditures reasonably made and obligations incurred by therefor reimburse Landlord in connection with the remedying by Landlord of Tenant’s defaults pursuant to the provisions of Section 26.1; (ii) sums equal to for all such expenditures, losses, costs, liabilities, damages and expenses referred to in Article 10 of this Lease; expenses. All sums so paid by Landlord and (iii) sums equal to all expenditures made necessary incidental costs, and obligations interest thereon at the Lease Interest Rate accruing from the date paid or incurred by Landlord in collecting or attempting until reimbursed to collect the Landlord by Tenant, shall be payable to Landlord by Tenant as Rent or in enforcing or attempting on demand and Tenant covenants to enforce any rights of Landlord under this Lease or pursuant to law, including, without limitation, pay all reasonable legal fees and other amounts so expendedsuch sums. Tenant’s 's obligations under this Section 26.1 shall survive the expiration or sooner termination of the Lease Term.
Appears in 1 contract
Samples: Lease Agreement (Inland Casino Corp)
Landlord’s Cure. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant’s 's sole cost and expense and without any reduction or abatement of Base Monthly Rent, Additional Rent or any other Rent payable under the Lease except to the extent, if any, otherwise expressly provided hereinfor any abatement specifically permitted under Article 14 of this Lease. If Tenant shall fail to perform any obligation default in the performance of its obligations under this Lease, and such failure shall continue in excess of the time allowed under Section 19.1.2, above, unless a specific time period is otherwise stated in this Lease, Landlord may, but shall not be obligated to, make any such payment or perform any such act on Tenant’s 's part without waiving its rights right based upon any default of Tenant and without releasing Tenant from any obligations hereunder. Except as may be specifically provided to the contrary in this Leasehereunder and Tenant shall, Tenant shall pay to Landlord, upon within fifteen (15) days after delivery by Landlord to Tenant of statements therefor: (i) sums equal to expenditures reasonably made and obligations incurred by therefor reimburse Landlord in connection with the remedying by Landlord of Tenant’s defaults pursuant to the provisions of Section 26.1; (ii) sums equal to for all such expenditures, losses, costs, liabilities, damages and expenses referred to in Article 10 of this Lease; expenses. All sums so paid by Landlord and (iii) sums equal to all expenditures made necessary incidental costs, and obligations interest thereon at the Lease Interest Rate accruing from the date paid or incurred by Landlord in collecting or attempting until reimbursed to collect the Landlord by Tenant, shall be payable to Landlord by Tenant 37 60 as Rent or in enforcing or attempting on demand and Tenant covenants to enforce any rights of Landlord under this Lease or pursuant to law, including, without limitation, pay all reasonable legal fees and other amounts so expendedsuch sums. Tenant’s 's obligations under this Section 26.1 shall survive the expiration or sooner termination of the Lease Term.
Appears in 1 contract
Samples: Lease Agreement (Viasat Inc)
Landlord’s Cure. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant’s sole cost and expense and without any reduction of Rent, except to the extent, if any, otherwise expressly provided herein. If Tenant shall fail to perform any obligation under this Lease, and such failure shall continue in excess of the time allowed under Section 19.1.2, 19.1.2 above, unless a specific time period is otherwise stated in this Lease, Landlord may, but shall not be obligated to, make any such payment or perform any such act on Tenant’s part without waiving its rights based upon any default of Tenant and without releasing Tenant from any obligations hereunder. Except as may be specifically provided to the contrary in this Lease, Tenant shall pay to Landlord, upon delivery by Landlord to Tenant of statements therefor: (i) sums equal to expenditures reasonably made and obligations incurred by Landlord in connection with the remedying by Landlord of Tenant’s defaults pursuant to the provisions of Section 26.1; (ii) sums equal to all losses, costs, liabilities, damages and expenses referred to in Article 10 of this Lease; and (iii) sums equal to all expenditures made and obligations incurred by Landlord in collecting or attempting to collect the Rent or in enforcing or attempting to enforce any rights of Landlord under this Lease or pursuant to law, including, without limitation, all reasonable legal fees and other amounts so expended. Tenant’s obligations under this Section 26.1 shall survive the expiration or sooner termination of the Lease Term.
Appears in 1 contract
Samples: Lease (Organovo Holdings, Inc.)
Landlord’s Cure. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant’s 's sole cost and expense and without any reduction or abatement of Base Monthly Rent, Additional Rent or any other Rent payable under the Lease except to the extent, if any, otherwise expressly provided hereinfor any abatement specifically permitted under this Lease. If Tenant shall fail to perform any obligation default in the performance of its obligations under this Lease, and such failure shall continue in excess of the time allowed under Section 19.1.2, above, unless a specific time period is otherwise stated in this Lease, Landlord may, but shall not be obligated to, make any such payment or perform any such act on Tenant’s 's part without waiving its rights right based upon any default of Tenant and without releasing Tenant from any obligations hereunder. Except as may be specifically provided to the contrary in this Leasehereunder and Tenant shall, Tenant shall pay to Landlord, upon within fifteen (15) days after delivery by Landlord to Tenant of statements therefor: (i) sums equal to expenditures reasonably made and obligations incurred by therefor reimburse Landlord in connection with the remedying by Landlord of Tenant’s defaults pursuant to the provisions of Section 26.1; (ii) sums equal to for all such expenditures, losses, costs, liabilities, damages and expenses referred to in Article 10 of this Lease; expenses. All sums so paid by Landlord and (iii) sums equal to all expenditures made necessary incidental costs, and obligations interest thereon at the Lease Interest Rate accruing from the date paid or incurred by Landlord in collecting or attempting until reimbursed to collect the Landlord by Tenant, shall be payable to Landlord by Tenant as Rent or in enforcing or attempting on demand and Tenant covenants to enforce any rights of Landlord under this Lease or pursuant to law, including, without limitation, pay all reasonable legal fees and other amounts so expendedsuch sums. Tenant’s 's obligations under this Section 26.1 shall survive the expiration or sooner termination of the Lease Term.
Appears in 1 contract
Landlord’s Cure. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant’s sole cost and expense and without any reduction of Rent, except to the extent, if any, otherwise expressly provided herein. If Tenant shall fail to perform default in the performance of any obligation of Tenant's obligations under this Lease, and Landlord, without thereby waiving such failure shall continue in excess of the time allowed under Section 19.1.2default, above, unless a specific time period is otherwise stated in this Lease, Landlord may, may (but shall not be obligated to, make any such payment or ) perform any such act on Tenant’s part without waiving its rights based upon any default the same for the account and at the expense of Tenant (without notice in a case of emergency), and without releasing in any other case, only if such default continues after the expiration of the later of: (a) five (5) days from the date Landlord gives Tenant from any obligations hereunder. Except as may be specifically provided written notice of intention to do so, or (b) the contrary applicable grace period provided, if any, elsewhere in this Lease, Tenant shall pay to Landlord, upon delivery by Landlord to Tenant Lease for cure of statements therefor: (i) sums equal to expenditures reasonably made and obligations such default. Bills for any expense incurred by Landlord in connection with any such performance by it for the remedying by Landlord account of Tenant’s defaults pursuant to the provisions of Section 26.1; (ii) sums equal to , and bills for all losses, costs, liabilities, damages expenses and expenses referred to in Article 10 disbursement of this Lease; every kind and (iii) sums equal to all expenditures made and obligations incurred by Landlord in collecting or attempting to collect the Rent or in enforcing or attempting to enforce any rights of Landlord under this Lease or pursuant to lawnature whatsoever, including, without limitation, all reasonable legal counsel fees and reasonable fees in appellate review involved in collection or endeavoring to collect the rent or any part thereof, liquidated damages, or enforcing or endeavoring to enforce any right against Tenant, under or in connection with this Lease, or pursuant to law, including any such cost, expense and disbursement involved in instituting and prosecuting summary proceedings, as well as bills for any material, labor or service provided, furnished, or rendered, by Landlord or at its instance to Tenant, may be sent by Landlord to Tenant monthly, or immediately, at Landlord's option. The amount of said bills, together with interest thereon at the lower of (i) eighteen percent (18%) per annum, or (ii) the highest rate permitted by law, shall constitute additional rent due to Landlord hereunder and shall be payable on demand by Tenant. Landlord reserves the right, without liability to Tenant, and without any basis for claim of constructive eviction, to suspend furnishings or rendering to Tenant any material, labor, utility or other amounts so expended. Tenant’s obligations service whenever Landlord is obligated to render or furnish the same, in the event that Tenant is in arrears in the payments due Landlord under this Section 26.1 shall survive the expiration or sooner termination of the Lease TermLease.
Appears in 1 contract
Samples: Lease Agreement (Nuco2 Inc /Fl)
Landlord’s Cure. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant’s sole cost and expense and without any reduction of Rent, except to the extent, if any, otherwise expressly provided herein. If Tenant shall fail to perform any obligation under this Lease, and such failure shall continue in excess of the time allowed under Section 19.1.2, 19.1.2 above, unless a specific time period is otherwise stated in this Lease, Landlord may, but shall not be obligated to, make any such payment or perform any such act on Tenant’s part without waiving its rights based upon any default of Tenant and without releasing Tenant from any obligations hereunder. Except as may be specifically provided to the contrary in this Lease, Tenant shall pay to Landlord, upon within five (5) days after delivery by Landlord to Tenant of statements therefor: (i) sums equal to expenditures reasonably made and obligations incurred by Landlord in connection with the remedying by Landlord of Tenant’s defaults pursuant to the provisions of Section 26.1; (ii) sums equal to all losses, costs, liabilities, damages and expenses referred to in Article 10 of this Lease; and (iii) sums equal to all expenditures made and obligations incurred by Landlord in collecting or attempting to collect the Rent or in enforcing or attempting to enforce any rights of Landlord under this Lease or pursuant to law, including, without limitation, all reasonable legal fees and other amounts so expended. Tenant’s obligations under this Section 26.1 shall survive the expiration or sooner termination of the Lease Term.
Appears in 1 contract
Landlord’s Cure. All covenants and agreements to be kept or performed by If Tenant shall default in the performance of its obligations under this Lease shall be performed by Tenant at Tenant’s sole cost and expense and without any reduction of Rent, except to if such default is not cured within the extent, if any, otherwise expressly applicable periods provided herein. If Tenant shall fail to perform any obligation under this Lease, and such failure shall continue in excess of the time allowed under Section 19.1.2, above, unless a specific time period is otherwise stated in this LeaseArticle 14, Landlord may, but shall not be obligated to, make any such payment or perform any such act on Tenant’s 's part without waiving its rights right based upon any default of Tenant and without releasing Tenant from any obligations hereunder. Except as may be specifically provided to the contrary in this Lease, Tenant shall pay to Landlord, upon within ten (10) days after delivery by Landlord to Tenant of statements therefor: (i) , sums equal to expenditures reasonably made and obligations incurred by Landlord in connection with the remedying by Landlord of Tenant’s defaults pursuant 's defaults. If there are any outstanding monetary obligations of Tenant under this Lease attributable to the provisions of Section 26.1; (ii) sums equal period prior to all losses, costs, liabilities, damages and expenses referred to in Article 10 the expiration or termination of this Lease; and (iii) sums equal to all expenditures made and , such obligations incurred by Landlord in collecting or attempting to collect the Rent or in enforcing or attempting to enforce any rights of Landlord under this Lease or pursuant to law, including, without limitation, all reasonable legal fees and other amounts so expended. Tenant’s obligations under this Section 26.1 shall survive the termination or expiration or sooner termination of the this Lease Termand such amount shall be payable to Landlord within ten (10) days after receipt of notice therefor from Landlord. Tenant hereby agrees to indemnify, protect, defend (with legal counsel reasonably acceptable to Landlord) and save Landlord harmless from and against such impositions, insurance premiums, utility charges, maintenance, repair and replacement expenses, all expenses relating to compliance with laws, and all other costs, fees, charges, expenses, reimbursements and obligations above referred to.
Appears in 1 contract