Lessor’s Right to Cure Defaults. All covenants and agreements to be performed by Lessee under any of the terms of this lease shall be performed by Lessee at its sole cost and expense and without any abatement of rent. If Lessee shall be in default of any provision of this lease after the expiration of applicable notice and cure periods, then, in addition to and not in limitation of Lessor’s rights set forth in paragraph 20, Lessor in its sole discretion and at its option may, but shall not be obligated so to do, and without waiving or releasing Lessee from any obligations of Lessee, make any payment or perform any other act which, if timely paid or performed by Lessee hereunder, would have avoided or cured such default. All sums so paid by Lessor and all costs incurred by Lessor in connection with any such payment or performance, together with interest thereon at the rate of twelve percent (12%) per annum from the date of such payment by Lessor or the performance of any such act by Lessor (or if Lessor has both paid and performed, from the earlier date), shall be deemed additional rent hereunder and, except as otherwise in this lease expressly provided, shall be payable to Lessor on demand or at the option of Lessor payable in such installments as Lessor may elect and may be added to any rent then due or thereafter becoming due under this lease and Lessee covenants to pay any such sum or sums and Lessor shall have (in addition to any other right or remedy of Lessor) the same rights and remedies in the event of the nonpayment thereof by Lessee as in the case of default by Lessee in the payment of the rent.
Appears in 2 contracts
Samples: Building Lease (Virtual Radiologic CORP), Building Lease (Virtual Radiologic CORP)
Lessor’s Right to Cure Defaults. All covenants and agreements If Lessee shall fail or neglect to do or perform any act or thing herein provided by it to be done or performed and such failure shall not be cured within any applicable grace period provided in Article 28, then Lessor shall have the right, but shall have no obligation, to pay any Imposition payable by Lessee hereunder, discharge any lien, take out, pay for and maintain any insurance required under Article 21, or do or perform or cause to be done or performed any such other act or thing (entering upon the Premises for such purposes, if Lessor shall so elect), and Lessor shall not be or be held liable or in any way responsible for any loss, disturbance, inconvenience, annoyance or damage resulting to Lessee on account thereof, and Lessee shall repay to Lessor upon demand the entire reasonable cost and expense thereof, including, without limitation, compensation to the agents, consultants and contractors of Lessor and reasonable attorneys' fees and expenses. Lessor may act upon shorter notice or no notice at all if necessary in Lessor's judgment to meet an emergency situation or governmental or municipal time limitation or otherwise to protect Lessor's interest in the Premises. Lessor shall not be required to inquire into the correctness of the amount or validity of any Imposition or lien that may be paid by Lessor, and Lessor shall be duly protected in paying the amount of any such Imposition or lien claimed, and, in such event, Lessor shall also have the full authority, in Lessor's sole judgment and discretion and without prior notice to or approval by Lessee, to settle or compromise any such lien or Imposition. Any act or thing done by Lessor pursuant to the provisions of this Article 30 shall not be or be construed as a waiver of any default by Lessee, or as a waiver of any term, covenant, agreement or condition herein contained or of the performance thereof. All amounts payable by Lessee to Lessor under any of the terms provisions of this lease shall be performed by Lessee at its sole cost and expense and without any abatement of rent. If Lessee shall be in default of any provision of this lease after the expiration of applicable notice and cure periods, then, in addition to and not in limitation of Lessor’s rights set forth in paragraph 20, Lessor in its sole discretion and at its option may, but shall not be obligated so to do, and without waiving or releasing Lessee from any obligations of Lessee, make any payment or perform any other act whichLease, if timely not paid or performed by Lessee hereunder, would have avoided or cured such default. All sums so paid by Lessor and all costs incurred by Lessor in connection with any such payment or performance, together with interest thereon at when the rate of twelve percent (12%) per annum from the date of such payment by Lessor or the performance of any such act by Lessor (or if Lessor has both paid and performed, from the earlier date), shall be deemed additional rent hereunder and, except same become due as otherwise in this lease expressly Lease provided, shall be payable to Lessor on demand or bear interest at the option of Lessor payable in such installments as Lessor may elect and may be added to any rent then due or thereafter becoming due under this lease and Lessee covenants to pay any such sum or sums and Lessor shall have (in addition to any other right or remedy of Lessor) the same rights and remedies in the event of the nonpayment thereof by Lessee as in the case of default by Lessee in the payment of the rentInterest Rate.
Appears in 2 contracts
Samples: Annual Report, Lease Agreement (Network Appliance Inc)
Lessor’s Right to Cure Defaults. All covenants convents and agreements to be performed by Lessee under any of the terms of this lease the Lease shall be performed by Lessee at its sole cost and expense and and. except as otherwise specifically provided herein, without any abatement of rent. If Lessee shall fall to pay any sum of money other than rent required to be in default of paid by it hereunder or shall fail to perform any provision of this lease after the expiration of applicable notice and cure periods, then, in addition other act on its part to and not in limitation of Lessor’s rights set forth in paragraph 20be performed hereunder, Lessor in its sole discretion and at its option may, may but shall not be obligated so to do, and without waiving any rights of Lessor or releasing Lessee from any obligations of LesseeLessee hereunder, make any such payment or perform any such other act which, if timely paid or performed by Lessee hereunder, would have avoided or cured such defaultad. All sums so paid or expenses incurred by Lessor and all necessary incidental costs incurred by Lessor in connection with any such payment or performance, together with interest thereon at the rate of twelve eighteen percent (1218%) per annum from the date of such payment by Lessor or the performance of any such act by Lessor (or if Lessor has both paid and performed, from the earlier date), shall be deemed additional considered as rent owing hereunder and, except as otherwise in this lease expressly provided, and shall be payable to Lessor on demand or or, at the option of Lessor payable in such installments as Lessor may elect and Lessor, may be added to any rent then due or thereafter becoming due under this lease and Lessee covenants to pay any such sum or sums and Lease. In addition. Lessor shall have (in addition to any other right or remedy of Lessor) the same rights Night and remedies in the event of the nonpayment thereof by be Lessee as in the case of default by Lessee lessee in the payment of the rentany rent hereunder.
Appears in 1 contract
Lessor’s Right to Cure Defaults. All covenants and agreements If Lessee shall fail or neglect to do or perform any act or thing herein provided by it to be done or performed and such failure shall not be cured within any applicable grace period provided in Article 26, then Lessor shall have the right, but shall have no obligation, to pay any amounts payable by Lessee to third parties hereunder, discharge any lien, take out, pay for and maintain any insurance required under Article 20, or do or perform or cause to be done or performed any such other act or thing (entering upon the Premises for such purposes, if Lessor shall so elect), and Lessor shall not be or be held liable or in any way responsible for any loss, disturbance, inconvenience, annoyance or damage resulting to Lessee on account thereof (except to the extent of Lessor’s gross negligence or willful misconduct), and Lessee shall repay to Lessor upon demand the terms of this lease shall be performed by Lessee at its sole entire cost and expense and thereof, including, without any abatement of rent. If Lessee shall be in default of any provision of this lease after the expiration of applicable notice and cure periodslimitation, then, in addition to and not in limitation of Lessor’s rights set forth Administrative Fees. Lessor may act upon shorter notice or no notice at all if necessary in paragraph 20, Lessor’s judgment to meet an emergency situation or governmental or municipal time limitation. Lessor in its sole discretion and at its option may, but shall not be obligated so required to doinquire into the correctness of the amount or validity of any payable or lien that may be paid by Lessor, and without waiving or releasing Lessee from any obligations of Lessee, make any payment or perform any other act which, if timely paid or performed by Lessee hereunder, would have avoided or cured such default. All sums so paid by Lessor and all costs incurred by Lessor shall be duly protected in connection with any such payment or performance, together with interest thereon at paying the rate of twelve percent (12%) per annum from the date of such payment by Lessor or the performance amount of any such payable or lien claimed, and, in such event, Lessor shall also have the full authority, in Lessor’s sole judgment and discretion and without prior notice to or approval by Lessee, to settle or compromise any such lien or payable. Any act or thing done by Lessor (pursuant to the provisions of this Article 27 shall not be or if Lessor has both paid and performedbe construed as a waiver of any default by Lessee, from the earlier date)or as a waiver of any term, shall be deemed additional rent hereunder andcovenant, except as otherwise in this lease expressly provided, shall be payable to Lessor on demand agreement or at the option of Lessor payable in such installments as Lessor may elect and may be added to any rent then due condition herein contained or thereafter becoming due under this lease and Lessee covenants to pay any such sum or sums and Lessor shall have (in addition to any other right or remedy of Lessor) the same rights and remedies in the event of the nonpayment thereof by Lessee as in the case of default by Lessee in the payment of the rentperformance thereof.
Appears in 1 contract
Samples: Ground Lease (Vmware, Inc.)
Lessor’s Right to Cure Defaults. All covenants and ------------------------------- agreements to be performed by Lessee under any of the terms of this lease Lease shall be performed by Lessee at its sole cost and expense and and, except as otherwise specifically provided herein, without any abatement of rent. If Lessee shall fail to pay any sum of money, other than rent, required to be in paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, shall fail to cure any such default of any provision of this lease within the applicable cure period, and such failure shall continue for five (5) days after the expiration of applicable Lessee has received notice and cure periods, then, in addition to and not in limitation of thereof by Lessor’s rights set forth in paragraph 20, Lessor in its sole discretion and at its option may, but shall not be obligated so to dodo so, and without waiving any rights of Lessor or releasing Lessee from any obligations of LesseeLessee hereunder, make any such payment or perform any such other act which, if timely paid or performed by Lessee hereunder, would have avoided or cured such defaultact. All sums so to be paid by Lessor and all necessary incidental costs incurred by Lessor in connection with any such payment or performance, together with interest thereon at the rate of twelve one and one-half percent (121-1/2%) per annum month from the date of such payment by Lessor or in connection with the performance of any such act by Lessor (or if Lessor has both paid and performed, from the earlier date), shall be deemed considered additional rent hereunder and, except as otherwise in this lease Lease expressly provided, shall be payable to Lessor on demand or or, at the option of Lessor payable Lessor, in such installments as Lessor may elect and may be added to any rent then due or thereafter becoming due under this lease and Lessee covenants to pay any such sum or sums and Lessor shall have (in addition to any other right or remedy of Lessor) the same rights and remedies in the event of the nonpayment thereof by Lessee as in the case of default by Lessee in the payment of the rentLease.
Appears in 1 contract
Samples: Lease Agreement (Teltrust Inc)
Lessor’s Right to Cure Defaults. All covenants and agreements to be performed by Lessee under any of the terms of this lease Lease shall be performed by Lessee at its sole cost and expense and and, except as otherwise specifically provided herein, without any abatement of rent. If Lessee shall fail to pay any sum of money, other than rent, required to be in paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, shall fail to cure any such default of any provision of this lease within the applicable cure period, and such failure shall continue for five (5) days after the expiration of applicable Lessee has received notice and cure periods, then, in addition to and not in limitation of thereof by Lessor’s rights set forth in paragraph 20, Lessor in its sole discretion and at its option may, but shall not be obligated so to dodo so, and without waiving any rights of Lessor or releasing Lessee from any obligations of LesseeLessee hereunder, make any such payment or perform any such other act which, if timely paid or performed by Lessee hereunder, would have avoided or cured such defaultact. All sums so to be paid by Lessor and all necessary incidental costs incurred by Lessor in connection with any such payment or performance, together with interest thereon at the rate of twelve one and one-half percent (121-1/2%) per annum month from the date of such payment by Lessor or in connection with the performance of any such act by Lessor (or if Lessor has both paid and performed, from the earlier date), shall be deemed considered additional rent hereunder and, except as otherwise in this lease Lease expressly provided, shall be payable to Lessor on demand or or, at the option of Lessor payable Lessor, in such installments as Lessor may elect and may be added to any rent then due or thereafter becoming due under this lease and Lessee covenants to pay any such sum or sums and Lessor shall have (in addition to any other right or remedy of Lessor) the same rights and remedies in the event of the nonpayment thereof by Lessee as in the case of default by Lessee in the payment of the rentLease.
Appears in 1 contract
Samples: Lease Agreement (Provant Inc)
Lessor’s Right to Cure Defaults. All covenants convents and agreements to be performed by Lessee under any of the terms of this lease the Lease shall be performed by Lessee at its sole cost and expense and and, except as otherwise specifically provided herein, without any abatement of rent. rent If Lessee shall fail to pay any sum of money other than rent, required to be in default of paid by it hereunder or shall fail to perform any provision of this lease after the expiration of applicable notice and cure periods, then, in addition other act on its part to and not in limitation of Lessor’s rights set forth in paragraph 20be performed hereunder, Lessor in its sole discretion and at its option may, may but shall not be obligated so to do, and without waiving any rights of Lessor or releasing Lessee from any obligations of LesseeLessee hereunder, make any such payment or perform any such other act which, if timely paid or performed by Lessee hereunder, would have avoided or cured such default. All sums so paid or expenses incurred by Lessor and all necessary incidental costs incurred by Lessor in connection with any such payment or performance, together with interest thereon at the rate of twelve eighteen percent (1218%) per annum from the date of such payment by Lessor or the performance of any such act by Lessor (or if Lessor has both paid and performed, from the earlier date), shall be deemed additional considered as rent owing hereunder and, except as otherwise in this lease expressly provided, and shall be payable to Lessor on demand or or, at the option of Lessor payable in such installments as Lessor may elect and Lessor, may be added to any rent then due or thereafter becoming due under this lease and Lessee covenants to pay any such sum or sums and Lease. In addition, Lessor shall have (in addition to any other right or remedy of Lessor) the same rights right and remedies in the event of the nonpayment thereof by be Lessee as in the case of default by Lessee lessee in the payment of the rentany rent hereunder.
Appears in 1 contract
Samples: Lease & Service Agreement (National Scientific Corp/Az)
Lessor’s Right to Cure Defaults. All covenants and agreements If Lessee shall fail or neglect to do or perform any act or thing herein provided by it to be done or performed and such failure shall not be cured within any applicable grace period provided in Article 26, then Lessor shall have the right, but shall have no obligation, to pay any amounts payable by Lessee to third parties hereunder, discharge any lien, take out, pay for and maintain any insurance required under Article 20, or do or perform or cause to be done or performed any such other act or thing (entering upon the Premises for such purposes, if Lessor shall so elect), and Lessor shall not be or be held liable or in any way responsible for any loss, disturbance, inconvenience, annoyance or damage resulting to Lessee on account thereof (except to the extent of Lessor’s gross negligence or willful misconduct), and Lessee shall repay to Lessor upon demand the terms of this lease shall be performed by Lessee at its sole entire cost and expense thereof, including, without limitation, compensation to the agents, consultants and without any abatement contractors of rentLessor and attorneys’ fees and expenses. If Lessee shall be Lessor may act upon shorter notice or no notice at all if necessary in default of any provision of this lease after the expiration of applicable notice and cure periods, then, in addition to and not in limitation of Lessor’s rights set forth in paragraph 20, judgment to meet an emergency situation or governmental or municipal time limitation. Lessor in its sole discretion and at its option may, but shall not be obligated so required to doinquire into the correctness of the amount or validity of any payable or lien that may be paid by Lessor, and without waiving or releasing Lessee from any obligations of Lessee, make any payment or perform any other act which, if timely paid or performed by Lessee hereunder, would have avoided or cured such default. All sums so paid by Lessor and all costs incurred by Lessor shall be duly protected in connection with any such payment or performance, together with interest thereon at paying the rate of twelve percent (12%) per annum from the date of such payment by Lessor or the performance amount of any such payable or lien claimed, and, in such event, Lessor shall also have the full authority, in Lessor’s sole judgment and discretion and without prior notice to or approval by Lessee, to settle or compromise any such lien or payable. Any act or thing done by Lessor (pursuant to the provisions of this Article 27 shall not be or if Lessor has both paid and performedbe construed as a waiver of any default by Lessee, from the earlier date)or as a waiver of any term, shall be deemed additional rent hereunder andcovenant, except as otherwise in this lease expressly provided, shall be payable to Lessor on demand agreement or at the option of Lessor payable in such installments as Lessor may elect and may be added to any rent then due condition herein contained or thereafter becoming due under this lease and Lessee covenants to pay any such sum or sums and Lessor shall have (in addition to any other right or remedy of Lessor) the same rights and remedies in the event of the nonpayment thereof by Lessee as in the case of default by Lessee in the payment of the rentperformance thereof.
Appears in 1 contract
Samples: Ground Lease (Vmware, Inc.)
Lessor’s Right to Cure Defaults. All covenants and agreements If Lessee shall fail or neglect to do or perform any act or thing herein provided by it to be done or performed and such failure shall not be cured within any applicable grace period provided in Article 25, then Lessor shall have the right, but shall have no obligation, to pay any amounts payable by Lessee to third parties hereunder, discharge any lien, take out, pay for and maintain any insurance required under Article 19, or do or perform or cause to be done or performed any such other act or thing (entering upon the Premises for such purposes, if Lessor shall so elect), and Lessor shall not be or be held liable or in any way responsible for any loss, disturbance, inconvenience, annoyance or damage resulting to Lessee on account thereof (except to the extent of Lessor’s gross negligence or willful misconduct), and Lessee shall repay to Lessor upon demand the terms of this lease shall be performed by Lessee at its sole entire cost and expense thereof, including, without limitation, compensation to the agents, consultants and without any abatement contractors of rentLessor and attorneys’ fees and expenses. If Lessee shall be Lessor may act upon shorter notice or no notice at all if reasonably necessary in default of any provision of this lease after the expiration of applicable notice and cure periods, then, in addition to and not in limitation of Lessor’s rights set forth in paragraph 20, judgment to meet an emergency situation or governmental or municipal time limitation. Lessor in its sole discretion and at its option may, but shall not be obligated so required to doinquire into the correctness of the amount or validity of any payable or lien that may be paid by Lessor, and without waiving or releasing Lessee from any obligations of Lessee, make any payment or perform any other act which, if timely paid or performed by Lessee hereunder, would have avoided or cured such default. All sums so paid by Lessor and all costs incurred by Lessor shall be duly protected in connection with any such payment or performance, together with interest thereon at paying the rate of twelve percent (12%) per annum from the date of such payment by Lessor or the performance amount of any such payable or lien claimed, and, in such event, Lessor shall also have the full authority, in Lessor’s sole judgment and discretion and without prior notice to or approval by Lessee, to settle or compromise any such lien or payable. Any act or thing done by Lessor (pursuant to the provisions of this Article 26 shall not be or if Lessor has both paid and performedbe construed as a waiver of any default by Lessee, from the earlier date)or as a waiver of any term, shall be deemed additional rent hereunder andcovenant, except as otherwise in this lease expressly provided, shall be payable to Lessor on demand agreement or at the option of Lessor payable in such installments as Lessor may elect and may be added to any rent then due condition herein contained or thereafter becoming due under this lease and Lessee covenants to pay any such sum or sums and Lessor shall have (in addition to any other right or remedy of Lessor) the same rights and remedies in the event of the nonpayment thereof by Lessee as in the case of default by Lessee in the payment of the rentperformance thereof.
Appears in 1 contract
Samples: Ground Lease (Tibco Software Inc)