Common use of Landlord’s Right to Perform Tenant’s Covenants Clause in Contracts

Landlord’s Right to Perform Tenant’s Covenants. If Tenant fails to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord after fifteen (15) days’ written notice may, but shall not be obligated to, and without waiving or releasing Tenant from any obligation of Tenant under this Lease, make such payment or perform such other act to the extent Landlord may deem desirable, and in connection therewith, pay expenses and employ counsel. All sums so paid by Landlord and all penalties, interest and costs in connection therewith shall be due and payable by Tenant on the next business day after Landlord’s delivery to Tenant of written notice of any such payment by Landlord, together with interest thereon at the Interest Rate from such date to the date of payment by Tenant to Landlord, plus collection costs and reasonable attorneys’ fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of Default in the payment of Rent.

Appears in 4 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Geron Corp), Office Lease Agreement (Geron Corp)

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Landlord’s Right to Perform Tenant’s Covenants. If Tenant fails shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord after fifteen (15) days’ written notice may, but shall not be obligated to, and without waiving or releasing Tenant from any obligation of Tenant under this Lease, make such the payment or perform such any other act to the extent Landlord may deem desirabledesirable and, and in connection therewith, pay expenses and employ counsel. Any payment or performance by Landlord shall not waive or release Tenant from any obligations of Tenant under this Lease. All sums so paid by Landlord Landlord, and all penalties, interest and costs in connection therewith therewith, shall be due and payable by Tenant on the next business day after Landlord’s delivery to Tenant of written notice of any such payment by Landlord, together with interest thereon at the Interest Rate Rate, from such that date to the date of payment thereof by Tenant to Landlord, plus collection costs and reasonable attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of Default default in the payment of Rent.

Appears in 3 contracts

Samples: Commercial Lease (Northern Empire Bancshares), Lease Agreement (Pacific State Bancorp), Sublease (Marvell Technology Group LTD)

Landlord’s Right to Perform Tenant’s Covenants. If Tenant fails shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord after fifteen (15) days’ written notice may, but shall not be obligated to, to and without waiving or releasing Tenant from any obligation of Tenant under this Lease, make such payment or perform such other act to the extent Landlord may deem desirable, and in connection therewith, pay expenses and employ counsel. All sums so paid by Landlord and all penalties, interest and costs in connection therewith shall be due and payable by Tenant on the next business day after Landlord’s delivery to Tenant of written notice of any such payment by Landlord, together with interest thereon at the Interest Rate from such date to the date of payment by Tenant to Landlord, plus collection costs and reasonable attorneys’ fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of Default default in the payment of Rent.

Appears in 2 contracts

Samples: Standard Office Lease (Pasw Inc), Standard Office Lease (VirnetX Holding Corp)

Landlord’s Right to Perform Tenant’s Covenants. If Tenant fails to make any payment or perform any other act on its part to be made or performed under this LeaseLease within thirty (30) days after Tenant’s receipt from Landlord of written notice of such failure, Landlord after fifteen (15) days’ written notice may, but shall not be obligated to, to and without waiving or releasing Tenant from any obligation of Tenant under this Lease, make such payment or perform such other act to the extent Landlord may deem desirable, and in connection therewith, pay expenses and employ counsel. All sums so paid by Landlord and all penalties, interest and costs in connection therewith shall be due and payable by Tenant on the next business day after Landlord’s delivery to Tenant upon receipt of written notice of any such payment demand by Landlord, together with interest thereon at the Interest Rate from such the date Tenant receives Landlord’s written demand to the date of payment by Tenant to Landlord, plus collection costs and reasonable attorneys’ fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of Default default in the payment of Rent.

Appears in 2 contracts

Samples: Lease (IGM Biosciences, Inc.), Lease (IGM Biosciences, Inc.)

Landlord’s Right to Perform Tenant’s Covenants. If Tenant fails shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord after fifteen (15) days’ written notice may, but shall not be obligated to, and without waiving or releasing Tenant from any obligation of Tenant under this Lease, make such the payment or perform such any other act to the extent Landlord may deem desirabledesirable and, and in connection therewith, pay expenses and employ counsel. Any payment or performance by Landlord shall not waive or release Tenant from any obligations of Tenant under this Lease. All sums so paid by Landlord Landlord, and all penalties, interest and costs in connection therewith therewith, shall be due and payable by Tenant on the next business day after Landlord’s delivery to Tenant of written notice of any such payment by Landlord, together with interest thereon at the Interest Rate (as defined in Section 32), from such that date to the date of payment thereof by Tenant to Landlord, plus collection costs and reasonable attorneys’ fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of Default default in the payment of Rent.

Appears in 2 contracts

Samples: Lease (Control4 Corp), Lease (Control4 Corp)

Landlord’s Right to Perform Tenant’s Covenants. If Tenant fails shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord after fifteen (15) days’ written notice may, but shall not be obligated to, to and without waiving or releasing Tenant from any obligation of Tenant under this Lease, make such payment or perform such other act to the extent Landlord may deem desirable, and in connection therewith, pay expenses and employ counsel. All sums so paid by Landlord and all penalties, interest and costs in connection therewith shall be due and payable by Tenant on the next business day after Landlord’s delivery to Tenant of written notice of any such payment by Landlord, together with interest thereon at the Interest Rate from such date to the date of payment by Tenant to Landlord, plus collection costs and reasonable attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of Default default in the payment of Rent.

Appears in 2 contracts

Samples: Lease (C Cube Microsystems Inc), Lease (Cruel World Inc)

Landlord’s Right to Perform Tenant’s Covenants. If Tenant fails shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord after fifteen (15) days’ written notice may, but shall not be obligated to, and without waiving or releasing Tenant from any obligation of Tenant under this Lease, make such the payment or perform such any other act to the extent Landlord may deem desirabledesirable and, and in connection therewith, pay expenses and employ counsel. Any payment or performance by Landlord shall not waive or release Tenant from any obligations of Tenant under this Lease. All sums so paid by Landlord Landlord, and all penalties, interest and costs in connection therewith therewith, shall be due and payable by Tenant on the next business day after Landlord’s delivery to Tenant of written notice of any such payment by Landlord, together with interest thereon at the Interest Rate Rate, from such that date to the date of payment thereof by Tenant to Landlord, plus collection costs and reasonable attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of Default default in the payment of Base Rent.

Appears in 1 contract

Samples: Lease Agreement (Lynx Therapeutics Inc)

Landlord’s Right to Perform Tenant’s Covenants. If Tenant fails shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord after fifteen (15) days’ written notice may, but shall not be obligated to, to and without waiving or releasing Tenant from any obligation of Tenant under this Lease, make such payment or perform such other act to the extent Landlord may deem desirable, and in connection therewith, pay expenses and employ counsel. All sums so paid by Landlord and all penalties, interest and costs in connection therewith shall be due and payable by Tenant on the next business day after Landlord’s delivery to Tenant of written notice of any such payment by Landlord, together with interest thereon at the Interest Rate from such date to the date of payment by Tenant to Landlord, plus reasonable collection costs and reasonable attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of Default default in the payment of Rent.

Appears in 1 contract

Samples: Lease (Storage Dimensions Inc)

Landlord’s Right to Perform Tenant’s Covenants. If Tenant fails shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord after fifteen (15) days’ written notice may, but shall not be obligated to, to and without waiving or releasing Tenant from any obligation of Tenant under this Lease, make such payment or perform such other act to the extent Landlord may deem desirable, and in connection therewith, pay expenses and employ counsel. All sums so paid by Landlord and all penalties, interest and costs in connection therewith shall be due and payable by Tenant to Landlord on the next business day after Landlord’s delivery to Tenant of written notice of any such payment by Landlord, together with interest thereon at the Interest Rate from such date to the date of payment thereof by Tenant to Landlord, plus collection costs and reasonable attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of Default default in the payment of Rent.

Appears in 1 contract

Samples: Sublease Agreement (Steri Oss Inc)

Landlord’s Right to Perform Tenant’s Covenants. If Tenant fails shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord after fifteen (15) days’ written notice may, but shall not be obligated to, and without waiving or releasing Tenant from any obligation of Tenant under this Lease, make such the payment or perform such any other act to the extent Landlord may deem desirabledesirable and, and in connection therewith, pay expenses and employ counsel. Any payment or performance by Landlord shall not waive or release Tenant from any obligations of Tenant under this Lease. All sums so paid by Landlord Landlord, and all penalties, interest and costs in connection therewith shall therewxxx, xxxll be due and payable by Tenant on the next business day after Landlord’s delivery to Tenant of written notice of any such payment by Landlord, together with interest thereon at the Interest Rate Rate, from such that date to the date of payment thereof by Tenant to Landlord, plus collection costs and reasonable attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of Default default in the payment of Base Rent.

Appears in 1 contract

Samples: Net Lease (Leapfrog Enterprises Inc)

Landlord’s Right to Perform Tenant’s Covenants. If Tenant fails shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord after fifteen (15) days’ written notice may, but shall not be obligated to, to and without waiving or releasing Tenant from any obligation of Tenant under this Lease, upon written notice to Tenant, make such payment or perform such other act to the extent Landlord may deem desirable, and in connection therewith, pay expenses and employ counsel. All sums so paid by Landlord and all penalties, interest and costs in connection therewith shall be due and payable by Tenant on the next business day after within [***] days of Landlord’s delivery to Tenant of written notice of any such payment by Landlorddemand therefor, together with interest thereon at the Interest Rate interest rate provided in Paragraph 25.2 from such date to the date of payment by Tenant to Landlord, plus collection costs and reasonable attorneys’ fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of Default default in the payment of Rent.

Appears in 1 contract

Samples: Lease (Outset Medical, Inc.)

Landlord’s Right to Perform Tenant’s Covenants. If Tenant fails shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord after fifteen (15) days’ written notice may, but shall not be obligated to, and without waiving or releasing Tenant from any obligation of Tenant under this Lease, make such the payment or perform such any other act to the extent Landlord may deem desirabledesirable and, and in connection therewith, pay expenses and employ counsel. Any payment or performance by Landlord shall not waive or release Tenant from any obligations of Tenant under this Lease. All sums so paid by Landlord Landlord, and all penalties, interest and costs in connection therewith therewith, shall be de due and payable by Tenant on the next business day after Landlord’s delivery to Tenant of written notice of any such payment by Landlord, together with interest thereon at the Interest Rate Rate, from such that date to the date of payment thereof by Tenant to Landlord, plus collection costs and reasonable attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of Default default in the payment of Rent.

Appears in 1 contract

Samples: Lease (Seagate Software Inc)

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Landlord’s Right to Perform Tenant’s Covenants. If Tenant fails shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord after fifteen (15) days’ written notice may, but shall not be obligated to, and without waiving or releasing Tenant from any obligation of Tenant under this Lease, make such the payment or perform such any other act to the extent Landlord may deem desirabledesirable and, and in connection therewith, pay expenses and employ counsel. Any payment or performance by Landlord shall not waive or release Tenant from any obligations of Tenant under this Lease. All sums so paid by Landlord Landlord, and all penalties, interest and costs in connection therewith therewith, shall be due and payable by Tenant on the next business day after Landlord’s delivery to Tenant of written notice of any such payment by Landlord, together with interest thereon at the Interest Rate (as defined in Section 32), from such that date to the date of payment thereof by Tenant to Landlord, plus collection costs and reasonable attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of Default default in the payment of Rent.

Appears in 1 contract

Samples: Industrial Lease (Rubicon Medical Corp)

Landlord’s Right to Perform Tenant’s Covenants. If Tenant fails shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord after fifteen (15) days’ written notice may, but shall not be obligated to, to and without waiving or releasing Tenant from any obligation of Tenant under this Lease, upon written notice to Tenant, make such payment or perform such other act to the extent Landlord may deem desirable, and in connection therewith, pay expenses and employ counsel. All sums so paid by Landlord and all penalties, interest and costs in connection therewith shall be due and payable by Tenant on the next business day after Landlord’s delivery to Tenant of written notice of any such payment by Landlord, together with interest thereon at the Interest Rate interest rate provided in Paragraph 25.2 from such date to the date of payment by Tenant to Landlord, plus collection costs and reasonable attorneys’ fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of Default default in the payment of Rent.

Appears in 1 contract

Samples: Sublease (Minerva Surgical Inc)

Landlord’s Right to Perform Tenant’s Covenants. If Tenant fails to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord after Initials: Landlord Tenant fifteen (15) days’ written notice may, but shall not be obligated to, and without waiving or releasing Tenant from any obligation of Tenant under this Lease, make such payment or perform such other act to the extent Landlord may deem desirable, and in connection therewith, pay expenses and employ counsel. All sums so paid by Landlord and all penalties, interest and costs in connection therewith shall be due and payable by Tenant on the next business day after Landlord’s delivery to Tenant of written notice of any such payment by Landlord, together with interest thereon at the Interest Rate from such date to the date of payment by Tenant to Landlord, plus collection costs and reasonable attorneys’ fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of Default default in the payment of Rent.

Appears in 1 contract

Samples: Office Lease Agreement (Spatializer Audio Laboratories Inc)

Landlord’s Right to Perform Tenant’s Covenants. If Tenant fails to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord after fifteen (15) days’ written notice may, but shall not be obligated to, and without waiving or releasing Tenant from any obligation of Tenant under this Lease, make such payment or perform such other act to the extent Landlord may deem desirable, and in connection therewith, pay expenses and employ counsel. All sums amounts so paid by Landlord and all penalties, interest and costs in connection therewith shall be due and payable by Tenant on the next business day after Landlord’s delivery to Tenant of written notice of any such payment by Landlord, together with interest thereon at the Interest Rate from such date to the date of payment by Tenant to Landlord, plus collection costs and reasonable attorneys’ feesfees and costs, court costs and fees and costs of experts. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of Default in the payment of Rent.

Appears in 1 contract

Samples: Office Lease Agreement (Corcept Therapeutics Inc)

Landlord’s Right to Perform Tenant’s Covenants. If Tenant fails shall any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord after fifteen (15) days’ written notice may, but shall not be obligated to, and without waiving or releasing Tenant from any obligation of Tenant under this Lease, make such the payment or perform such any other act to the extent Landlord may deem desirabledesirable and, and in connection therewith, pay expenses and employ counsel. Any payment or performance by Landlord shall not waive or release Tenant from any obligations of Tenant under this Lease. All sums so paid by Landlord Landlord, and all penalties, interest and costs in connection therewith therewith, shall be due and payable by Tenant on the next business day after Landlord’s delivery to Tenant of written notice of any such payment by Landlord, together with interest thereon at the Interest Rate Rate, from such that date to the date of payment thereof by Tenant to Landlord, plus collection costs and reasonable attorneys’ fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of Default default in the payment of Base Rent.

Appears in 1 contract

Samples: Sublease Agreement (Thermage Inc)

Landlord’s Right to Perform Tenant’s Covenants. If Tenant fails shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord after fifteen (15) days’ written notice may, but shall not be obligated to, and without waiving or releasing Tenant from any obligation of Tenant under this Lease, to make such the payment or perform such any other act to the extent Landlord may deem desirabledesirable and, and in connection therewith, pay expenses and employ counsel. Any payment or performance by Landlord shall not waive or release Tenant from any obligations of Tenant under this Lease. All sums so paid by Landlord Landlord, and all penalties, interest and costs in connection therewith therewith, shall be due and payable by Tenant on the next business day after Landlord’s delivery to Tenant of written notice of any such payment by Landlord, together with interest thereon at the Interest Rate Rate, from such that date to the date of payment thereof by Tenant to Landlord, plus collection costs and reasonable attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of Default default in the payment of Rent.

Appears in 1 contract

Samples: Sub Sublease (Computer Literacy Inc)

Landlord’s Right to Perform Tenant’s Covenants. If Tenant fails to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord after fifteen (15) days’ written notice may, but shall not be obligated to, to and without waiving or releasing Tenant from any obligation of Tenant under this Lease, make such payment or perform such other act to the extent Landlord may deem desirable, and in connection therewith, pay expenses and employ counsel. All sums so paid by Landlord and all penalties, interest and costs in connection therewith shall be due and payable by Tenant on the next business day after Landlord’s delivery to Tenant of written notice of any such payment by Landlord, together with interest thereon at the Interest Rate from such date to the date of payment by Tenant to Landlord, plus collection costs and reasonable attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of Default default in the payment of Rent.

Appears in 1 contract

Samples: Lease Agreement (Outsourcing Solutions Inc)

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