Performance by Lessor. In the event that Lessee shall fail or neglect to do so or perform any act or thing herein provided by it to be done or performed and such failure shall continue for a period of thirty (30) days after written notice from Lessor specifying the nature of the act or thing to be done or performed, then Lessor may, but shall not be required to, do or perform or cause to be done or performed such act or thing (entering upon the leased 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, inconvenience, annoyance or damage resulting to Lessee on account thereof, and Lessee shall repay to Lessor upon demand the entire cost and expense thereof, including compensation to the agents and servants of Lessor. Any act or thing done by Lessor pursuant to the provisions of this paragraph shall not be or be construed as a waiver of any such default by Lessee, or as a waiver of any covenant, term 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 from the date the same become due until paid at the rate of six per cent (6%) per annum, compounded annually.
Appears in 2 contracts
Samples: Non Disturbance and Attornment Agreement (Kodiak Sciences Inc.), By And (Kodiak Sciences Inc.)
Performance by Lessor. In the event that If Lessee shall at any time fail or neglect to do so or perform timely any act or thing herein provided by it on its part to be done or performed and such failure under this Land Lease, Lessor may, at its sole option (but shall continue for a period of not be obliged to) after first giving at least thirty (30) days after days’ prior written notice from to Lessee (except that no such prior notice shall be required for an entry in the case of an emergency or for procurement of insurance as provided for in Article 10 hereof) perform such act, including, without limitation, by obtaining or maintaining any insurance, discharging any lien or performing any other act, all without further notice or demand upon Lessee and without thereby waiving or releasing any obligations of Lessee or rights of Lessor specifying the nature of the act or thing to be done or performed, then hereunder (including all indemnities by Lessee). Lessor may, but shall not be required to, do to inquire into the validity or perform correctness of amount of any such lien and shall have full authority to settle or cause to be done or performed compromise any such act or thing (entering upon the leased 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, inconvenience, annoyance or damage resulting to Lessee on account thereof, and Lessee shall repay to Lessor upon demand the entire cost and expense thereof, including compensation to the agents and servants of Lessorlien without Lessee’s approval. Any act or thing done costs incurred by Lessor pursuant to the provisions this Section 15.4 or otherwise incurred by Lessor on behalf of this paragraph shall not be Lessee or be construed as a waiver of any such default by Lessee, or as a waiver of any covenant, term or condition herein contained or of the performance thereof. All amounts payable to cure an omission by Lessee as expressly provided for herein shall be reimbursed to Lessor under any of by Lessee on demand, together with all costs incurred by Lessor and interest at the provisions of this lease, if not paid when the same become due as in this lease provided, shall bear interest Default Rate from the date the same become due until paid at the rate of six per cent (6%) per annum, compounded annuallysuch costs were incurred.
Appears in 2 contracts
Samples: Massena Land Lease Agreement (Arconic Inc.), Massena Land Lease Agreement (Alcoa Upstream Corp)
Performance by Lessor. In the event that Lessee shall fail or neglect to do so or perform any act or thing herein provided by it to be done or performed and such failure shall continue for a period of thirty (30) days after written notice from Lessor specifying the nature of the act or thing to be done or performed, then Lessor may, but shall not be required to, do or perform or cause to be done or performed such act or thing (entering upon the leased premises for such purposes, if Lessor shall so elect), and Lessor shall not be or be held liable or in any way anyway responsible for any loss, inconvenience, annoyance or damage resulting to Lessee on account thereof, and Lessee shall repay to Lessor upon demand the entire cost and expense thereof, including compensation to the agents and servants of Lessor. Any act or thing done by Lessor pursuant to the provisions of this paragraph shall not be or be construed as a waiver of any such default by Lessee, or as a waiver of any term, covenant, term 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 shall, bear interest from the date the same become due until paid at the rate of six per cent eight percent (68%) per annum, compounded annually.
Appears in 1 contract
Samples: Sublease (Telik Inc)