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

Landlord’s Right to Perform. All terms, covenants and conditions of this Lease to be performed or observed by Tenant shall be performed or observed by Tenant at Tenant’s sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money required to be paid by it hereunder, or shall fail to perform or observe any other term hereunder on its part to be performed or observed, including without limitation those obligations of Tenant contained in Section 9. Maintenance, Landlord may, at its option, without prior notice to Tenant and without waiving or releasing Tenant from any obligation of Tenant hereunder, thereafter make and continue to make any such payment or perform or observe any such other term or act on Tenant’s part to be performed or observed. All sums so paid by Landlord and all reasonably necessary costs of such performance or observation by Landlord together with interest thereon shall be due and payable by Tenant to Landlord from the date incurred, and with respect to the same Landlord shall have the same rights and remedies against Tenant as in the case of nonpayment of rent hereunder.

Appears in 2 contracts

Samples: Lease Agreement (Tintri, Inc.), Lease Agreement (Tintri, Inc.)

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Landlord’s Right to Perform. All terms, terms and covenants and conditions of this Lease to be performed or observed by Tenant shall be performed or observed by Tenant at Tenant’s sole cost and expense and without any reduction of rentRent, except as expressly provided herein to the contrary. If Tenant shall fail to pay any sum of money required to be paid by it hereunder, or shall fail fails to perform any term or observe any other term covenant hereunder on its part to be performed or observedperformed, including without limitation those obligations of Tenant contained in Section 9. Maintenancesuch failure continues after any applicable notice and cure periods, Landlord mayLandlord, at its option, without prior notice to Tenant and without waiving or releasing Tenant from any obligation of Tenant hereunder, thereafter make and continue to make may perform any such payment or perform or observe any such other term or act covenant on Tenant’s part to be performed or observedbut shall not be obligated to do so. All sums so paid by Landlord reasonable and all reasonably necessary out-of-pocket costs of such performance or observation by Landlord Landlord, together with interest thereon shall be due and payable by Tenant to Landlord at the Interest Rate from the date incurredof such payment or performance by Landlord, shall be paid (and Tenant covenants to make such payment) to Landlord on demand by Landlord, and with respect to the same Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies against in the event of non-payment thereof by Tenant as in the case of nonpayment failure by Tenant in the payment of rent Rent hereunder.

Appears in 2 contracts

Samples: Sublease (Invitae Corp), Sublease (Invitae Corp)

Landlord’s Right to Perform. All terms, covenants and conditions of this --------------------------- Lease to be performed or observed by Tenant shall be performed or observed by Tenant Tenant, at Tenant’s 's sole cost and expense expense, and without any reduction of rentRent. If Tenant shall fail fails to pay any sum of money required to be paid by it hereunder, hereunder or shall fail fails to perform or observe any other term hereunder on its part to be performed or observed, including without limitation those obligations of Tenant contained in Section 9. Maintenance, then Landlord may, at its option, without prior notice to Tenant and without waiving or releasing Tenant from any obligation of Tenant hereunder, thereafter make and continue to make any such payment payment, or perform or observe any such other term or act on Tenant’s 's part to be performed or observed. All sums so paid by Landlord and all reasonably necessary costs of such performance or observation by Landlord together with interest thereon from the date incurred at the Interest Rate, shall be due and payable paid by Tenant to Landlord from the date incurredas Additional Rent, on demand, in which event and with respect as to the same Landlord shall have the same rights and remedies against Tenant as in the case of nonpayment of rent Rent hereunder.

Appears in 2 contracts

Samples: Office Lease (Actuate Software Corp), Office Lease (Actuate Software Corp)

Landlord’s Right to Perform. All terms, covenants and conditions of this Lease to be performed or observed by Tenant shall be performed or observed by Tenant at Tenant’s sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money required to be paid by it hereunder, or shall fail to perform or observe any other term hereunder on its part to be performed or observed, including without limitation those obligations of Tenant contained in Section 9. Tenant Maintenance, Landlord may, at its option, without prior notice to Tenant and without waiving or releasing Tenant from any obligation of Tenant hereunder, thereafter make and continue to make any such payment or perform or observe any such other term or act on Tenant’s part to be performed or observed. All sums so paid by Landlord and all reasonably necessary costs of such performance or observation by Landlord together with interest thereon shall be due and payable by Tenant to Landlord from the date incurred, and with respect to the same Landlord shall have the same rights and remedies against Tenant as in the case of nonpayment of rent hereunder.

Appears in 1 contract

Samples: Lease Agreement (Advanced Analogic Technologies Inc)

Landlord’s Right to Perform. All terms, covenants and conditions of this Lease to be performed or observed by Tenant shall be performed or observed by Tenant at Tenant’s sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money required to be paid by it hereunder, or shall fail to perform or observe any other term hereunder on its part to be performed or observed, including without limitation those obligations of Tenant contained in In Section 9. Tenant Maintenance, Landlord may, at its option, without after three (3) days prior written notice to Tenant and without waiving or releasing Tenant from any obligation of Tenant hereunder, thereafter make and continue to make any such payment or perform or observe any such other term or act on Tenant’s part to be performed or observed. All sums so paid by Landlord and all reasonably necessary costs of such performance or observation by Landlord together with interest thereon shall be due and payable by Tenant to Landlord from the date incurred, and with respect to the same Landlord shall have the same rights and remedies against Tenant as in the case of nonpayment of rent hereunder.

Appears in 1 contract

Samples: Lease Agreement (Anda Networks Inc)

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Landlord’s Right to Perform. All terms, covenants and conditions of this --------------------------- Lease to be performed or observed by Tenant shall be performed or observed by Tenant at Tenant’s 's sole cost and expense and without any reduction of rentRent. If Tenant shall fail to pay any sum of money required to be paid by it hereunder, hereunder or shall fail to perform or observe any other term hereunder on its part to be performed or observed, including without limitation those obligations of Tenant contained in Section 9. Maintenance, Landlord may, at its option, without prior notice to Tenant and without waiving or releasing Tenant from any obligation of Tenant hereunder, thereafter make and continue to make any such payment or perform or observe any such other term or act on Tenant’s 's part to be performed or observed. All sums so paid by Landlord and all reasonably necessary costs of such performance or observation by Landlord together with interest thereon from the date incurred at the maximum rate an individual is permitted by law to charge, shall be due and payable paid by Tenant to Landlord from the date incurredas Additional Rent on demand, in which event and with respect as to the same Landlord shall have the same rights and remedies against Tenant as in the case of nonpayment of rent Rent hereunder.

Appears in 1 contract

Samples: Office Lease (Hall Kinion & Associates Inc)

Landlord’s Right to Perform. All terms, covenants and conditions of this Lease to be performed or observed by Tenant shall be performed or observed by Tenant Tenant, at Tenant’s 's sole cost and expense expense, and without any reduction of rentRent. If Tenant shall fail fails to pay any sum of money required to be paid by it hereunder, hereunder or shall fail fails to perform or observe any other term hereunder on its part to be performed or observed, including without limitation those obligations of Tenant contained in Section 9. Maintenance, then Landlord may, at its option, without prior notice to Tenant and without waiving or releasing Tenant from any obligation of Tenant hereunder, thereafter make and continue to make any such payment payment, or perform or observe any such other term or act on Tenant’s 's part to be performed or observed. All sums so paid by Landlord and all reasonably necessary costs of such performance or observation by Landlord together with interest thereon from the date incurred at the Interest Rate, shall be due and payable paid by Tenant to Landlord from the date incurredas Additional Rent, on demand, in which event and with respect as to the same Landlord shall have the same rights and remedies against Tenant as in the case of nonpayment of rent Rent hereunder.

Appears in 1 contract

Samples: Office Lease (Niku Corp)

Landlord’s Right to Perform. All terms, covenants and conditions of this Lease to be performed or observed by Tenant shall be performed or observed by Tenant at Tenant’s 's sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money required to be paid by it hereunder, or shall fail to perform or observe any other term hereunder on its part to be performed or observed, including without limitation those obligations of Tenant contained in Section 9. Tenant Maintenance, Landlord may, at its option, without prior notice to Tenant and without waiving or releasing Tenant from any obligation of Tenant hereunder, thereafter make and continue to make any such payment or perform or observe any such other term or act on Tenant’s 's part to be performed or observed. All sums so paid by Landlord and all reasonably necessary costs of such performance or observation by Landlord together with interest thereon shall be due and payable by Tenant to Landlord from the date incurred, and with respect to the same Landlord shall have the same rights and remedies against Tenant as in the case of nonpayment of rent hereunder.

Appears in 1 contract

Samples: Lease Agreement (Aspec Technology Inc)

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