Common use of Lessor’s Right to Cure Defaults Clause in Contracts

Lessor’s Right to Cure Defaults. 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 provisions of this Lease, if not paid when the same become due as in this Lease provided, shall bear interest at the Interest Rate.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale, Network Appliance Inc

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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 fail 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 neglect to do releasing Lessee from any obligations of Lessee, make any payment or perform any other act or thing herein provided by it to be done which, if timely paid 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 would have avoided or cured such default. All sums so paid by Lessor and maintain any insurance required under Article 21, or do or perform or cause to be done or performed all costs incurred by Lessor in connection with any such other 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 thing (entering upon the Premises for such purposes, if Lessor shall so electhas 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 not be have (in addition to any other right or be held liable or in any way responsible for any loss, disturbance, inconvenience, annoyance or damage resulting to Lessee on account thereof, remedy of Lessor) the same rights 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 remedies in the Premises. Lessor shall not be required to inquire into the correctness event of the amount or validity nonpayment thereof by Lessee as in the case 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 Lessee in the payment of the performance thereof. All amounts payable by Lessee to Lessor under any of the provisions of this Lease, if not paid when the same become due as in this Lease provided, shall bear interest at the Interest Raterent.

Appears in 2 contracts

Samples: Medb Building Lease (Virtual Radiologic CORP), Medb Building Lease (Virtual Radiologic CORP)

Lessor’s Right to Cure Defaults. 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 2825, then Lessor shall have the right, but shall have no obligation, to pay any Imposition amounts payable by Lessee to third parties hereunder, discharge any lien, take out, pay for and maintain any insurance required under Article 2119, 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 thereofthereof (except to the extent of Lessor’s gross negligence or willful misconduct), 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 reasonably necessary in Lessor's ’s judgment to meet an emergency situation or governmental or municipal time limitation or otherwise to protect Lessor's interest in the Premiseslimitation. Lessor shall not be required to inquire into the correctness of the amount or validity of any Imposition payable or lien that may be paid by Lessor, and Lessor shall be duly protected in paying the amount of any such Imposition payable or lien claimed, and, in such event, Lessor shall also have the full authority, in Lessor's ’s sole judgment and discretion and without prior notice to or approval by Lessee, to settle or compromise any such lien or Impositionpayable. Any act or thing done by Lessor pursuant to the provisions of this Article 30 26 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 provisions of this Lease, if not paid when the same become due as in this Lease provided, shall bear interest at the Interest Rate.

Appears in 1 contract

Samples: Ground Lease (Tibco Software Inc)

Lessor’s Right to Cure Defaults. 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 2826, then Lessor shall have the right, but shall have no obligation, to pay any Imposition amounts payable by Lessee to third parties hereunder, discharge any lien, take out, pay for and maintain any insurance required under Article 2120, 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 thereofthereof (except to the extent of Lessor’s gross negligence or willful misconduct), 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 expensesLessor’s Administrative Fees. Lessor may act upon shorter notice or no notice at all if necessary in Lessor's ’s judgment to meet an emergency situation or governmental or municipal time limitation or otherwise to protect Lessor's interest in the Premiseslimitation. Lessor shall not be required to inquire into the correctness of the amount or validity of any Imposition payable or lien that may be paid by Lessor, and Lessor shall be duly protected in paying the amount of any such Imposition payable or lien claimed, and, in such event, Lessor shall also have the full authority, in Lessor's ’s sole judgment and discretion and without prior notice to or approval by Lessee, to settle or compromise any such lien or Impositionpayable. Any act or thing done by Lessor pursuant to the provisions of this Article 30 27 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 provisions of this Lease, if not paid when the same become due as in this Lease provided, shall bear interest at the Interest Rate.

Appears in 1 contract

Samples: Ground Lease (Vmware, Inc.)

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Lessor’s Right to Cure Defaults. 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 2826, then Lessor shall have the right, but shall have no obligation, to pay any Imposition amounts payable by Lessee to third parties hereunder, discharge any lien, take out, pay for and maintain any insurance required under Article 2120, 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 thereofthereof (except to the extent of Lessor’s gross negligence or willful misconduct), 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 ’s judgment to meet an emergency situation or governmental or municipal time limitation or otherwise to protect Lessor's interest in the Premiseslimitation. Lessor shall not be required to inquire into the correctness of the amount or validity of any Imposition payable or lien that may be paid by Lessor, and Lessor shall be duly protected in paying the amount of any such Imposition payable or lien claimed, and, in such event, Lessor shall also have the full authority, in Lessor's ’s sole judgment and discretion and without prior notice to or approval by Lessee, to settle or compromise any such lien or Impositionpayable. Any act or thing done by Lessor pursuant to the provisions of this Article 30 27 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 provisions of this Lease, if not paid when the same become due as in this Lease provided, shall bear interest at the Interest Rate.

Appears in 1 contract

Samples: Ground Lease (Vmware, Inc.)

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