Common use of LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS Clause in Contracts

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. 19.01. If Tenant shall default in the observance or performance of any term or covenant on Tenant's part to be observed or performed under any of the terms or provisions of this Lease, (a) Landlord may, but in no event shall be required to, remedy such default for the account of Tenant, immediately and without notice in case of emergency, or in any other case if Tenant shall fail to remedy such default after Landlord shall have notified Tenant in writing of such default and the applicable grace period for curing such default shall have expired; and (b) if Landlord makes any expenditures or incurs any obligations for the payment of money in connection with such default, including without limitation, reasonable attorneys' fees in instituting, prosecuting or defending any action or proceeding, such sums paid or obligations incurred, with interest at the Interest Rate from the date paid or incurred, shall be deemed to be additional rent hereunder and shall be paid by Tenant to Landlord upon rendition of a xxxx to Tenant therefor. The provisions of this Article 19 shall survive the expiration or other termination of this Lease.

Appears in 2 contracts

Samples: Office Lease (Exodus Communications Inc), Office Lease (Exodus Communications Inc)

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LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. 19.01. If Tenant shall default in the observance or performance of any term or covenant on Tenant's ’s part to be observed or performed under any of the terms or provisions of this Lease, (a) Landlord may, but in no event shall be required to, may remedy such default for the account of Tenant, immediately and without notice in case of emergency, or in any other case if Tenant shall fail to remedy such default after Landlord shall have notified Tenant in writing of such default and the applicable grace period for curing such default shall have expired; and (b) if if, after Landlord shall have notified Tenant in writing of such default and the applicable grace period for curing such default shall have expired, Landlord makes any reasonable expenditures or reasonably or involuntarily incurs any obligations for the payment of money in connection with such default, including without limitation, reasonable attorneys' fees in instituting, prosecuting or defending any action or proceeding, such sums paid or obligations incurred, with interest at the Interest Rate from the date paid or incurred, shall be deemed to be additional rent hereunder and shall be paid by Tenant to Landlord upon within 30 days after rendition of a xxxx to Tenant therefor. The provisions of this Article 19 shall survive the expiration or other termination of this Lease.

Appears in 2 contracts

Samples: Agreement (Scynexis Inc), Office Lease (Optimer Pharmaceuticals Inc)

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. 19.01. 19.1 If Tenant shall default in the observance or performance of any term or covenant on Tenant's part to be observed or performed under or by virtue of any of the terms or provisions in any Article of this Lease, (a) Landlord may, but in no event shall be required to, may remedy such default for the account of Tenant, immediately and without notice in case of emergency, or in any other case if only provided that Tenant shall fail to remedy such default with all reasonable dispatch after Landlord shall have notified Tenant in writing of such default and the applicable grace period for curing such default shall have expired; and (b) if Landlord in good faith makes any expenditures or incurs any obligations for the payment of money in connection with such defaultdefault including, including without limitationbut not limited to, reasonable attorneys' fees in instituting, prosecuting or defending any action or proceeding, such sums paid or obligations incurred, with interest at the Interest Rate from the date paid or incurredRate, shall be deemed to be additional rent hereunder and shall be paid by Tenant to Landlord upon within thirty (30) days after rendition of a xxxx to bill xx Tenant therefor. The provisions of this Article 19 shall survive the expiration or other termination of this Lease.

Appears in 1 contract

Samples: Interliant Inc

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. 19.01. If Tenant shall default in the observance or performance of any term or covenant on Tenant's part to be observed or performed under any of the terms or provisions of this Lease, (a) Landlord may, but in no event shall be required to, may remedy such default for the account of Tenant, immediately and without notice in case of emergency, or in any other case if Tenant shall fail to remedy such default with all reasonable dispatch after Landlord shall have notified Tenant in writing of such default and the applicable grace period for curing such default shall have expired; and (b) if Landlord makes any reasonable expenditures or incurs any obligations (reasonable where voluntarily incurred) for the payment of money in connection with such defaultdefault including, including without limitationbut not limited to, reasonable attorneys' fees in instituting, prosecuting or defending any action or proceeding, such sums paid or obligations incurred, with interest at the Interest Rate from the date paid or incurredRate, shall be deemed to be additional rent hereunder and shall be paid by Tenant to Landlord upon within five (5) days after rendition of a xxxx to Tenant therefor. The provisions of this Article 19 shall survive the expiration or other termination of this Lease.

Appears in 1 contract

Samples: Agreement (Investment Technology Group Inc)

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. 19.01. If Tenant shall default in the observance or performance of any term or covenant on Tenant's part to be observed or performed under or by virtue of any of the terms or provisions in any Article of this LeaseLease and such default remains uncured after notice and beyond the expiration of the applicable cure period, (a) Landlord may, but in no event shall be required to, may remedy such default for the account of Tenant, immediately and without notice in case of emergency, or in any other case if only provided that Tenant shall fail to remedy such default with all reasonable dispatch after Landlord shall have notified Tenant in writing of such default and of Landlord's intention to exercise its self-help right pursuant to this Section 19.01 and the applicable grace period for curing such default shall have expired; and (b) if Landlord makes any reasonable expenditures or incurs any reasonable obligations for the payment of money in connection with such defaultdefault including, including without limitationbut not limited to, reasonable attorneys' fees in instituting, prosecuting or defending any action or proceeding, such sums paid or obligations incurred, with interest at the Interest Rate from the date paid or incurredRate, shall be deemed to be additional rent hereunder and shall be paid by Tenant to Landlord upon within twenty (20) days after rendition of a xxxx to Tenant therefor. The provisions of this Article 19 shall survive the expiration or other termination of this Lease.PARK AVE ARMORY/NYLPC - LEASE PT II

Appears in 1 contract

Samples: Agreement of Lease (PPC Publishing Corp)

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. 19.01. If Tenant shall default in the observance or performance of any term or covenant on Tenant's part to be observed or performed under any of the terms or provisions of this Lease, (a) Landlord may, but in no event shall be required to, may remedy such default for the account of Tenant, immediately and without notice in case of emergency, or in any other case if Tenant shall fail to remedy such default after Landlord shall have notified Tenant in writing of such default and the applicable grace period for curing such default shall `have expired; and (b) if Landlord makes any expenditures or incurs any obligations for the payment of money in connection with such default, including without limitation, reasonable attorneys' fees in instituting, prosecuting or defending any action or proceeding, such actual sums paid or obligations incurred, with interest at the Interest Rate from the date paid or incurred, shall be deemed to be additional rent hereunder and shall be paid by Tenant to Landlord upon rendition of a xxxx to Tenant therefor, provided that if Tenant pays such amounts within 30 days of receipt of such xxxx Tenant shall not be deemed a default under this Lease. The provisions of this Article 19 shall survive the expiration or other termination of this Lease.

Appears in 1 contract

Samples: Agreement (Credit Suisse First Boston Usa Inc)

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. 19.01. If Tenant shall default in the observance or performance of any term or covenant on Tenant's ’s part to be observed or performed under any of the terms or provisions of this Lease, (a) Landlord may, but in no event shall be required to, may remedy such default for the account of Tenant, immediately and without notice in case of emergency, or in any other case if Tenant shall fail to remedy such default after Landlord shall have notified Tenant in writing of such default and the applicable grace period for curing such default shall have expired; and (b) if Landlord makes any reasonable expenditures or incurs any obligations for the payment of money in connection with such default, including without limitation, reasonable attorneys' fees in instituting, prosecuting or defending any action or proceeding, such sums paid or obligations incurred, with interest at the Interest Rate from the date paid or incurred, shall be deemed to be additional rent hereunder and shall be paid by Tenant to Landlord upon rendition of a xxxx to Tenant therefor. The provisions of this Article 19 shall survive the expiration or other termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Arch Capital Group Ltd.)

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. 19.01. If Tenant shall default in the observance or performance of any term or covenant on Tenant's part to be observed or performed under or by virtue of any of the terms or provisions in any Article of this Lease, (a) Landlord may, but in no event shall not be required obligated to, remedy such default for the account of Tenant, immediately and without notice in case of emergency, or in any other case if only provided that Tenant shall fail to remedy such default with all reasonable dispatch after Landlord shall have notified Tenant in writing of such default and afforded Tenant an opportunity to cure the default in question, the applicable grace period for curing such default shall have expired; and (b) if Landlord makes any expenditures or incurs any obligations for the payment of money in connection with such defaultdefault (including, including without limitationbut not limited to, reasonable attorneys' fees in instituting, prosecuting or defending any action or proceeding), such sums paid or obligations incurred, with interest at the Interest Rate from the date paid or incurred, incurred shall be deemed to be additional rent hereunder and shall be paid by Tenant to Landlord upon rendition of a xxxx to Tenant therefor. The provisions therefor together with an amount equal to ten percent (10%) of this Article 19 shall survive the expiration or other termination of this LeaseLandlord's expenditure (to reimburse Landlord for its administrative expenses) upon demand, as additional rent.

Appears in 1 contract

Samples: Micros to Mainframes Inc

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. 19.01. If Tenant shall default in the observance or performance of any term or covenant on Tenant's part to be observed or performed under any of the terms or provisions of this Lease, (a) Landlord may, but in no event shall be required to, may remedy such default for the account of Tenant, immediately and without notice in case of emergency, or in any other case if Tenant shall fail to remedy such default with all reasonable dispatch after Landlord shall have notified Tenant in writing of such default and the applicable grace period for curing such default shall have expired; and (b) if Landlord makes any expenditures or incurs any obligations for the payment of money in connection with such defaultdefault including, including without limitationbut not limited to, reasonable attorneys' fees in instituting, prosecuting or defending any action or proceeding, such sums paid or obligations incurred, with interest at the Interest Rate from the date paid or incurredRate, shall be deemed to be additional rent hereunder and shall be paid by Tenant to Landlord upon within ten (1O) days of rendition of a xxxx bill to Tenant therefor. The provisions of this Article 19 shall survive surxxxx the expiration or other termination of this Lease.

Appears in 1 contract

Samples: Assignment and Assumption of Lease and License Agreement (Integrated Information Systems Inc)

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LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. 19.01. 19.01 If Tenant shall default default, beyond any applicable notice and cure periods, in the observance or performance of any term or covenant on Tenant's part to be observed or performed under or by virtue of any of the terms or provisions in any Article of this Lease, (a) Landlord may, but in no event shall be required to, may remedy such default for the account of Tenant, immediately and without notice in case of emergency, or in any other case if only provided that Tenant shall fail to remedy such default with all reasonable dispatch after Landlord shall have notified Tenant in writing of such default and the applicable grace period for curing such default shall have expired; and (b) if Landlord makes any expenditures or incurs any obligations for the payment of money in connection with such defaultdefault including, including without limitationbut not limited to, reasonable attorneys' fees in instituting, prosecuting or defending any action or proceeding, such sums paid or obligations incurred, with interest at the Interest Rate from the date paid or incurredRate, shall be deemed to be additional rent hereunder and shall be paid by Tenant to Landlord upon rendition of a xxxx to Tenant therefor. The provisions of this Article 19 shall survive the expiration or other termination of this Lease.

Appears in 1 contract

Samples: Sublease Agreement (Eyetech Pharmaceuticals Inc)

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. 19.01. If Tenant shall default in the observance or performance of any term or covenant on Tenant's part to be observed or performed under or by virtue of any of the terms or provisions in any Article of this LeaseLease beyond all applicable grace and cure periods after notice, (a) Landlord may, but in no event shall not be required obligated to, remedy such default for the account of Tenant, immediately and without notice in case of emergency, or in any other case if only provided that Tenant shall fail to remedy such default with all reasonable dispatch after Landlord shall have notified Tenant in writing of such default and the applicable grace period for curing such default shall have expired; and (b) if Landlord makes any expenditures or incurs any obligations for the payment of money in connection with such defaultdefault (including, including without limitationbut not limited to, reasonable attorneys' fees in instituting, prosecuting or defending any action or proceeding), such sums paid or obligations incurred, with interest at the Interest Rate from the date paid or incurred, incurred shall be deemed to be additional rent hereunder and shall be paid by Tenant to Landlord upon within fifteen days after rendition of a xxxx to bill xx Tenant therefor. The provisions of this Article 19 shall survive therefor together with interest at the expiration or other termination of this LeaseInterest Rate.

Appears in 1 contract

Samples: Agreement of Lease (Gt Interactive Software Corp)

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. 19.01. If Tenant shall default in the observance or performance of any term or covenant on Tenant's ’s part to be observed or performed under any of the terms or and provisions of this Lease, (ai) Landlord may, but in no event shall be required to, may remedy such default for the account of Tenant, immediately thereafter and without notice in case of emergencyemergency or if such default shall subject Landlord to the risk of prosecution for a crime or default under any Superior Lease or any Mortgage, or in any other case if Tenant shall fail to remedy such default after Landlord shall have notified Tenant in writing of such default and the applicable grace period for curing such default shall have expired; , and (bii) if Landlord makes any expenditures or incurs any obligations for the payment of money in connection with such default, including without limitation, reasonable attorneys' fees or disbursements in instituting, prosecuting or defending any action or proceeding, such sums paid or obligations incurred, with interest at the Interest Applicable Rate from the date paid or incurred, shall be deemed to be additional rent hereunder Additional Rent and shall be paid by Tenant to Landlord upon rendition of a xxxx bill to Tenant therefor. The provisions of this Article 19 39 shall survive the expiration or other termination of this Lease.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Coty Inc /)

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. 19.01. If Tenant shall default in the observance or performance of any term or covenant on Tenant's part to be observed or performed under or by virtue of any of the terms or provisions in any Article of this LeaseLease and, except in case of emergency, such default shall continue after notice and beyond any applicable grace periods (a) Landlord may, but in no event shall be required to, may remedy such default for the account of Tenant, immediately and without notice in case of emergency, or in any other case if only provided that Tenant shall fail to remedy such default with all reasonable dispatch after Landlord shall have notified Tenant in writing of such default and the applicable grace period for curing such default shall have expired; and (b) if Landlord makes any expenditures or incurs any obligations for the payment of money in connection with such defaultdefault including, including without limitationbut not limited to, reasonable attorneys' attorney's fees in instituting, prosecuting or defending any action or proceeding, such sums paid or obligations incurred, with interest at the Interest Rate from the date paid or incurredRate, shall be deemed to be additional rent hereunder and shall be paid by Tenant to Landlord upon within twenty (20) days after rendition of a xxxx to Tenant therefor. The provisions Tenant shall be allowed (but not as a condition to its obligation to make the foregoing payment(s) in a timely manner) to review copies of this Article 19 shall survive invoices for all charges incurred by Landlord in connection with the expiration or other termination preceding sentence provided Tenant requests to review said invoices within fifteen (15) days after the rendition of this Leasea xxxx therefor.

Appears in 1 contract

Samples: 24/7 Media Inc

LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS. 19.01. 19.01 If Tenant shall default in the observance or performance of any term or covenant on Tenant's part to be observed or performed under or by virtue of any of the terms or provisions in any Article of this Lease, (a) Landlord may, but in no event shall be required to, may remedy such default for the account of Tenant, immediately and without notice in case of emergencyemergency (but Landlord shall send notice to Tenant reasonably promptly thereafter), or in any other case if only provided that Tenant shall fail to remedy such default with all reasonable dispatch after Landlord shall have notified Tenant in writing of such default and the applicable grace period for curing such default shall have expired; and (b) if Landlord makes any expenditures or incurs any obligations for the payment of money in connection with such defaultdefault including, including without limitationbut not limited to, reasonable attorneys' fees in instituting, prosecuting or defending any action or proceeding, such sums paid or obligations incurred, with interest at the Interest Rate from the date paid or incurredRate, shall be deemed to be additional rent hereunder and shall be paid by Tenant to Landlord upon within twenty (20) days after rendition of a xxxx bill to Tenant therefor. The provisions of this Article 19 shall survive the expiration or other termination of this LeaseTexxxx therefore.

Appears in 1 contract

Samples: Innovo Group Inc

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