RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten percent (10%) per annum from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 12 contracts
Samples: Standard Office Lease (Auriga Laboratories, Inc.), MFC Development Corp, Office Lease (Reconditioned Systems Inc)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's ’s part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten percent (10%specified in Section 20(e) per annum above from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 8 contracts
Samples: Standard Office Lease (Vital Therapies Inc), Standard Office Lease (Vital Therapies Inc), Transfer and Substitution of Indemnitor (Hudson Pacific Properties, Inc.)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease hereunder shall be performed by Tenant at Tenant's its sole cost and expense and without any abatement of rentany rent to be paid hereunder, subject to the terms and conditions set forth in this Lease. If Tenant shall fail to pay any sum of moneysum, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunderperformed, and such failure shall continue beyond any the applicable cure notice and grace period set forth in this LeaseArticle 25, Landlord may, may (but shall not be obligated to, ) and without waiving or releasing Tenant from any obligations of Tenantits obligations, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease herein provided. All sums so paid by Landlord and all reasonable necessary incidental costs, together with interest thereon at the rate of ten percent (10%) per annum Interest Rate from the date of such payment by Landlord, Landlord shall be payable to Landlord on by Tenant as Additional Rent within thirty (30) days after Landlord's written demand and Tenant covenants therefor. Tenant's failure to pay any such sumsAdditional Rent shall constitute an Event of Default of this Lease, and Landlord shall have (may, without any further notice, exercise its remedies specified in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rentArticle 25 hereof.
Appears in 6 contracts
Samples: Disclosure Agreement (Formfactor Inc), Non Disclosure Agreement (Formfactor Inc), Disclosure Agreement (Formfactor Inc)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's ’s part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten percent (10%) per annum from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 6 contracts
Samples: Standard Office Lease, Standard Office Lease (Entropic Communications Inc), Standard Office Lease (Allion Healthcare Inc)
RIGHT OF LANDLORD TO PERFORM. All terms, covenants and agreements conditions of this Lease to be performed or observed by Tenant under any of the terms of this Lease shall be performed or observed by Tenant at Tenant's sole cost and expense and without any abatement reduction of rentRent. If Tenant shall fail to pay any sum of money, or other than rentRent, required to be paid by it hereunder or shall fail to perform any other act term of covenant hereunder on its part to be performed hereunderperformed, and such failure shall continue beyond any applicable cure period set forth in this Leasefor twenty (20) days after written notice thereof by Landlord, Landlord may, but shall not be obligated toLandlord, without waiving or releasing Tenant from any obligations obligation of TenantTenant hereunder, may, but shall not be obliged to, make any such payment or perform any such other act term or covenant on Tenant's part to be made or performed as is in this Lease providedperformed. All sums so paid by Landlord and all reasonable incidental costs, necessary costs of such performance by Landlord together with interest thereon at the rate of ten Bank of America's Prime Rate (or equivalent rate thereof) of interest plus five percent (105%) per annum annum, but in no event greater then the maximum rate of interest permitted by applicable law, from the date of such payment or performance by Landlord, shall be payable to Landlord on demand paid (and Tenant covenants to pay any make such sumspayment) to Landlord within ten (10) business days after demand by Landlord, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default failure by Tenant in the payment of the rentRent hereunder.
Appears in 4 contracts
Samples: Lease Agreement (Alza Corp), Alza Corporation Lease Agreement (Alza Corp), Ground Lease (Alza Corp)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any abatement of rentRent. If Tenant shall fail to pay any sum of money, other than rentRent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's ’s part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the prime rate of ten Fleet Bank, N.A. or any successor thereto, plus three percent (103%) per annum from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as are set forth in the case of default by Tenant in the payment of the rentthis Lease.
Appears in 4 contracts
Samples: Lease (Editas Medicine, Inc.), Lease (Editas Medicine, Inc.), Lease (Editas Medicine, Inc.)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten percent (10%specified in Section 20(e) per annum above from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 4 contracts
Samples: Standard Office Lease (Neurmedix, Inc.), Standard Office Lease (Neurmedix, Inc.), Standard Office Lease (Neurmedix, Inc.)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten percent (10%) per annum from the date of such payment by Landlord, shall be payable to Landlord on demand demand, and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment non-payment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 3 contracts
Samples: Office Lease (Ct Holdings Inc), Office Lease (Alloy Online Inc), Office Lease (Stanford Microdevices Inc)
RIGHT OF LANDLORD TO PERFORM. All terms, covenants and agreements conditions of this Lease to be performed or observed by Tenant under any of the terms of this Lease shall be performed or observed by Tenant at Tenant's sole cost and expense and without any abatement reduction of rent. If Tenant shall fail to pay any sum of money, or other than rent, required to be paid by it hereunder and such failure shall continue for five (5) days after written notice thereof by Landlord, or shall fail to perform any other act term or covenant hereunder on its part to be performed hereunderperformed, and such failure shall continue beyond for thirty (30) days after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any applicable cure period set forth in this Leaseobligation of Tenant hereunder, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act term or covenant on Tenant's part to be made or performed as is in this Lease providedperformed. All sums so paid by Landlord and all reasonable incidental costs, necessary costs of such performance by Landlord together with interest thereon at the rate of ten percent (10%) the prime rate of interest per annum as quoted by the Bank of America from the date of such payment or performance by Landlord, shall be payable paid (and Tenant covenants to make such payment) to Landlord on demand and Tenant covenants to pay any such sumsby Landlord, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default failure by Tenant in the payment of the rentrent hereunder. See Paragraph 51.
Appears in 3 contracts
Samples: Lease Agreement (Ipass Inc), Lease Agreement (Ipass Inc), Lease Agreement (Ipass Inc)
RIGHT OF LANDLORD TO PERFORM. All terms, covenants and agreements conditions of this Lease to be performed or observed by Tenant under any of the terms of this Lease shall be performed or observed by Tenant at Tenant's sole cost and expense and without any abatement reduction of rent. If Tenant shall fail to pay any sum of money, or other than rent, required to be paid by it hereunder and such failure shall continue for five (5) days after written notice thereof by Landlord, or shall fail to perform any other act term or covenant hereunder on its part to be performed hereunderperformed, and such failure shall continue beyond for thirty (30) days after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any applicable cure period set forth in this Leaseobligation of Tenant hereunder, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act term or covenant on Tenant's part to be made or performed as is in this Lease providedperformed. All sums so paid by Landlord and all reasonable incidental costs, necessary costs of such performance by Landlord together with interest thereon at the rate of ten percent (10%) the prime rate of interest per annum as quoted by the Bank of America from the date of such payment or performance by Landlord, shall be payable paid (and Tenant covenants to make such payment) to Landlord on demand and Tenant covenants to pay any such sumsby Landlord, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default failure by Tenant in the payment of the rentrent hereunder.
Appears in 3 contracts
Samples: Lease Agreement (Quantum Effect Devices Inc), Lease Agreement (Ipass Inc), Transmeta Corp
RIGHT OF LANDLORD TO PERFORM. All terms, covenants and agreements conditions of this Lease to be performed or observed by Tenant under any of the terms of this Lease shall be performed or observed by Tenant at Tenant's ’s sole cost and expense and without any abatement reduction of rent. If Tenant shall fail to pay any sum of money, or other than rent, required to be paid by it hereunder or shall fail to perform any other act term or covenant hereunder on its part to be performed hereunderperformed, and such failure shall continue beyond for five (5) days after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any applicable cure period set forth in this Leaseobligation of Tenant hereunder, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act term or covenant on Tenant's ’s part to be made or performed as is in this Lease providedperformed. All sums so paid by Landlord and all reasonable incidental costsnecessary costs of such performance by Landlord, together with interest thereon at the rate of ten percent (10%) the prime rate of interest per annum as quoted by the Bank of America from the date of such payment of performance by Landlord, shall be payable paid (and Tenant covenants to make such payment) to Landlord on demand and Tenant covenants to pay any such sumsby Landlord, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default failure by Tenant in the payment of the rentrent hereunder.
Appears in 3 contracts
Samples: Lease Agreement (Dermira, Inc.), Lease Agreement (Dermira, Inc.), Lease Agreement (Dermira, Inc.)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's ’s part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten percent (10%) per annum specified in Section 20E above from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 2 contracts
Samples: Standard Office Lease (Celladon Corp), Office Lease (ASC Acquisition LLC)
RIGHT OF LANDLORD TO PERFORM. All terms, covenants and agreements conditions of this Lease to be performed or observed by Tenant under any of the terms of this Lease shall be performed or observed by Tenant at Tenant's sole cost and expense and without any abatement reduction of rentRent. If Tenant shall fail to pay any sum of money, other than rentRent, required to be paid by it hereunder hereunder, or shall fail to perform any other act on its part term or covenant required to be performed by it hereunder, and such failure shall continue beyond for five (5) days after written notice thereof from Landlord, Landlord, without waiving or releasing Tenant from any applicable cure period set forth in this Leaseobligation of Tenant hereunder, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act term or covenant on Tenant's part to be made or performed as is in this Lease providedperformed. All sums so paid by Landlord and all reasonable incidental costs, necessary costs of such performance by Landlord together with interest thereon at the rate of ten percent (10%) per annum from the date of such payment by Landlordinterest specified in Paragraph 44 below, shall be payable paid to Landlord on demand and Tenant covenants to pay any such sumsas Additional Rent, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rentRent hereunder.
Appears in 2 contracts
Samples: Lease Agreement (Sierra Monitor Corp /Ca/), Lease Agreement (Technoconcepts, Inc.)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be kept or performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent, except as otherwise expressly provided herein. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Leasefor thirty (30) days after notice thereof by Landlord, Landlord may, but shall not be obligated to, and without waiving any default of Tenant or releasing Tenant from any obligations of TenantTenant hereunder, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by the Landlord and all reasonable necessary incidental costs, together with interest thereon at the rate of ten percent (10%) 12% per annum from the date of such payment by the Landlord, shall be payable paid to Landlord forthwith on demand and Tenant covenants to pay any such sumsdemand, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 2 contracts
Samples: Styrochem International Inc, Styrochem International Inc
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense expense, and without any abatement of rentRent. If Tenant shall fail to pay any sum of money, other than rentRent, required to be paid by it hereunder it, or shall fail to perform any other act on its part to be performed hereunderperformed, and such the failure shall continue beyond any applicable cure period set forth in this Leasefor thirty (30) days after written notice by Landlord, Landlord may, but shall not be obligated toto do so, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable necessary incidental costs, together with interest thereon at the rate of ten one and one-half percent (101-1/2%) per annum month from the date of such a payment by Landlord, shall be payable to Landlord on demand demand, and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment non-payment thereof by Tenant Tenant, as in the case of default by Tenant in the payment of the rentRent.
Appears in 2 contracts
Samples: Lease Agreement (Bi Inc), Lease (Bi Inc)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Lease, then after ten (10) days prior written notice to Tenant (which notice shall be in addition to and not in lieu of any other notice required or permitted under this Lease), Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's ’s part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten percent (10%specified in Section 20(e) per annum above from the date of such payment by Landlord, shall be payable to Landlord on within thirty (30) days after demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 2 contracts
Samples: Standard Office Lease (loanDepot, Inc.), loanDepot, Inc.
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten percent (10%) [***] per annum from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 2 contracts
Samples: Office Lease (Lindows Inc), Office Lease (Lindows Inc)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense expense, and without any abatement of rentRent. If Tenant shall fail to pay any sum of money, other than rentRent, required to be paid by it hereunder it, or shall fail to perform any other act on its part to be performed hereunderperformed, and such the failure shall continue beyond any applicable cure period set forth in this Leasefor thirty (30) days after written notice by Landlord, Landlord may, but shall not be obligated toto do so, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable necessary incidental costs, together with interest thereon at the rate of ten percent (10%) per annum 4% over the Prime Rate announced from time to time by Norwest Bank, Denver, from the date of such a payment by Landlord, shall be payable to Landlord on demand demand, and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment non-payment thereof by Tenant Tenant, as in the case of default by Tenant in the payment of the rentRent.
Appears in 2 contracts
Samples: Lease (Chaparral Network Storage Inc), Lease Agreement (Chaparral Network Storage Inc)
RIGHT OF LANDLORD TO PERFORM. All terms, covenants and agreements conditions of this Lease to be performed or observed by Tenant under any of the terms of this Lease shall be performed or observed by Tenant at Tenant's ’s sole cost and expense and without any abatement reduction of rent. If Tenant shall fail to pay any sum of money, or other than rent, required to be paid by it hereunder or shall fail to perform any other act term or covenant hereunder on its part to be performed hereunderperformed, and such failure shall continue beyond for five (5) days after written notice thereof by Landlord or after any applicable aforementioned cure period set forth in this Leaseperiod, Landlord Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act term or covenant on Tenant's ’s part to be made or performed as is in this Lease providedperformed. All sums so paid by Landlord and all reasonable incidental costs, necessary costs of such performance by Landlord together with interest thereon at the rate of ten percent (10%) the prime rate of interest per annum as quoted by the Bank of America from the date of such payment of performance by Landlord, shall be payable to Landlord on demand paid (and Tenant covenants to pay any make such sumspayment) to Landlord or demand by Landlord, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof non payment by Tenant as in the case of default failure by Tenant in the payment of the rentrent hereunder.
Appears in 2 contracts
Samples: Lease Agreement (Coupa Software Inc), Lease Agreement (Coupa Software Inc)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any abatement of rentexpense. If Tenant shall fail to pay any sum of moneymoney when due hereunder, other than rentBase Rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, then, in addition to and such failure shall continue beyond without prejudice to any applicable cure period set forth in this Leaseother right or remedy of Landlord (including, without limitation, any right or remedy provided under Paragraph 6), Landlord may, but shall not be obligated to, may cure the same at the expense of Tenant (i) immediately and without waiving notice in the case (a) of emergency or releasing (b) where such default will result in the violation of any Applicable Law or the cancellation of any insurance policy maintained by Landlord and (ii) in any other case if such default continues for ten (10) business days from the receipt by Tenant of notice of such default from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease providedLandlord. All Any sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten percent (10%) per annum Default Rate from the date of such payment by Landlordpayment, shall be payable to Landlord on demand and Tenant covenants to pay any such sumsas Rent immediately upon demand, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rentRent.
Appears in 2 contracts
Samples: Industrial Lease Agreement, Industrial Lease Agreement (Lifetime Brands, Inc)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent, except as provided herein. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten percent (10%) per annum from the date of such payment by Landlord, shall be payable to Landlord on demand demand, and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment non-payment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 2 contracts
Samples: Office Lease (Netzero Inc), Office Lease (United Online Inc)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If Tenant shall fail fails to pay make any sum of money, payment required hereunder (other than rent, required to be paid by it hereunder Monthly Rent and Additional Rent) or shall fail fails to perform any other act on of its part to be performed obligations hereunder, and such failure shall continue beyond after the expiration of any applicable grace or cure period set forth (unless waiting for such period to expire would jeopardize the health, safety or quiet enjoyment of the Building by its tenants and occupants or cause further damage or loss to Landlord or the Real Property, as reasonably determined by Landlord, or result in this Leaseany violation (or continuance of any violation) of any Legal Requirement), Landlord may, but shall not be obligated obliged to, and without waiving any default of Tenant or releasing Tenant from any obligations of Tenantto Landlord hereunder, make any such payment or perform any other such other act obligation on Tenant's part to be made or performed as is in this Lease providedbehalf. All sums so paid by Landlord and all reasonable necessary incidental costs, costs in connection with the performance by Landlord of an obligation of Tenant (together with interest thereon at the rate of ten percent (10%) per annum from the date of such payment by Landlord, Landlord until paid at the Interest Rate) shall be payable by Tenant to Landlord on demand and Tenant covenants to pay any such sumsupon demand, and Tenant's failure to make such payment upon demand shall entitle Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies provided Landlord in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the non-payment of the rent.
Appears in 2 contracts
Samples: Embarcadero Technologies Inc, Office Lease (Critical Path Inc)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rentRent, required to be paid by it hereunder hereunder, or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Leasefor 10 days after notice thereof by Landlord, Landlord may, but shall not be obligated toso to do, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable necessary incidental costs, together with interest thereon at the rate of ten percent (10%) per annum Agreed Interest Rate from the date of such payment payments by Landlord, shall be payable as Additional Rent to Landlord on demand demand, and Tenant covenants to pay any such sums, and Landlord shall have (have, in addition to any other right or remedy of Landlord) , the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rentRent.
Appears in 2 contracts
Samples: United Stationers Supply Co, United Stationers Supply Co
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rentexpense. If Tenant shall fail to pay any sum of money, other than rentRent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is in performed, without waiving or releasing Tenant of its obligations under this Lease providedLease. All Any sums so paid by Landlord and all necessary incidental costs (including, without limitation, reasonable incidental costsattorneys fees), together with interest thereon at the lesser of the maximum rate of ten permitted by law if any or eight percent (108%) per annum from the date of such payment by Landlordpayment, shall be payable to Landlord as additional rent on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of Rent. If Tenant successfully disputes any sums paid by Landlord pursuant to this Section, Tenant shall be entitled to recover any and all such sums paid by Tenant to Landlord pursuant to this Section, including any and all interest, and shall be entitled to payment of its costs and attorneys fees and other amounts recoverable under this Lease by Tenant as the rentprevailing party in such dispute.
Appears in 2 contracts
Samples: Retail Lease (Nara Bancorp Inc), Retail Lease (Nara Bancorp Inc)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any abatement of rent. If if Tenant shall fail to pay any sum of money, other than rent, . required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's ’s part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten percent (10%) per annum from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.,
Appears in 2 contracts
Samples: Office Lease (Castle Biosciences Inc), Office Lease (Castle Biosciences Inc)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's ’s part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten often percent (10%) per annum from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 2 contracts
Samples: Office Lease (Thomas Weisel Partners Group, Inc.), Office Lease (Thomas Weisel Partners Group, Inc.)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be ---------------------------- performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten percent (10%) per annum from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 2 contracts
Samples: Standard Office Lease (Digital Insight Corp), Office Lease (Digital Insight Corp)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rentBase Rent or Additional Charges. If Tenant shall fail to pay defaults in the payment of any sum of money, other than rentBase Rent or Additional Charges, required to be paid by it hereunder or shall fail fails to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure continues for ten (10) days after notice thereof by Landlord (or such longer period set forth as noted in this LeaseParagraph 9(e)[Cure Rights] or Paragraph 21(a) [Tenant's Default], except in the event of emergency), Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is provided in this Lease providedwithout waiving or releasing Tenant from any obligations of Tenant. All sums so paid by Landlord and all reasonable and necessary incidental costscosts incurred by Landlord in connection therewith, together with interest thereon at the rate of ten percent (10%) per annum Default Rate from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rentAdditional Charges.
Appears in 2 contracts
Samples: Lease Agreement (Caliper Technologies Corp), Lease Agreement (Vivus Inc)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be kept or performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any offset or abatement of rentRent. If Tenant shall fail to pay any sum of money, other than rent, Rent required to be paid by it hereunder hereunder, or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Leasefor fifteen (15) days after notice thereof by Landlord, Landlord may, but shall not be obligated to, and without waiving any default of Tenant or releasing Tenant from any obligations of TenantTenant hereunder, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease lease provided. All sums so paid or incurred by Landlord and all reasonable necessary incidental costs, together with interest thereon at the rate of ten percent (10%) per annum Interest Rate herein specified from the date of such payment by Landlord, shall be payable paid to Landlord forthwith on demand and Tenant covenants to pay any such sumsdemand, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rentRent.
Appears in 2 contracts
Samples: Lease (Daily Journal Corp), Lease (Daily Journal Corp)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period of notice set forth in this Lease, Landlord may, but shall not be obligated toso to do, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten percent (10%) per annum from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 2 contracts
Samples: Office Lease (Health Management Systems Inc), Standard Office Lease (Netgear Inc)
RIGHT OF LANDLORD TO PERFORM. All terms, covenants and agreements conditions of this Lease to be performed or observed by Tenant under any of the terms of this Lease shall be performed or observed by Tenant at Tenant's sole cost and expense and without any abatement reduction of rentRent. If Tenant shall fail to pay any sum of money, other than rentRent, required to be paid by it hereunder hereunder, or shall fail to perform any other act on its part terms or covenant required to be performed by it hereunder, and such failure shall continue beyond for five (5) days after written notice thereof from Landlord, Landlord, without waiving or releasing Tenant from any applicable cure period set forth in this Leaseobligation of Tenant hereunder, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act term or covenant on Tenant's part to be made or performed as is in this Lease providedperformed. All sums so paid by Landlord and all reasonable incidental costs, necessary costs of such performance by Landlord together with interest thereon at the rate of ten percent (10%) per annum from the date of such payment by Landlordinterest specified in Paragraph 44 below, shall be payable paid to Landlord on demand and Tenant covenants to pay any such sumsas Additional Rent, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rentRent hereunder.
Appears in 1 contract
Samples: Lease Agreement (Logic Devices Inc)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If Tenant shall fail to perform any acts, covenants or agreements to be performed by Tenant under any of the terms of this Lease or to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Leasefor twenty (20) days after notice thereof by Landlord, Landlord may, but shall not be obligated toso to do, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act act, covenant or agreement on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by Landlord or costs related to Landlord's performance of such acts, covenants or agreements and all reasonable necessary incidental costs, together with interest thereon at the rate of ten percent (10%) per annum Agreed Interest Rate as defined in Paragraph 8 hereof from the date of such payment by Landlord, shall be payable as additional rent to Landlord on demand demand, and Tenant covenants to pay any such sums, and Landlord shall have (have, in addition to any other right or remedy of the Landlord) , the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 1 contract
Samples: Atlanta Office Lease Agreement (PRG Schultz International Inc)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rentBase Rent or Additional Charges. If Tenant shall fail to pay defaults in the payment of any sum of money, other than rentBase Rent or Additional Charges, required to be paid by it hereunder or shall fail fails to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure continues for ten (10) days after notice thereof by Landlord (or such longer period set forth as noted in this LeaseSubparagraph 9(e) [Cure Rights] or Subparagraph 21(a) [Tenant's Default], except in the event of emergency), Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is provided in this Lease providedwithout waiving or releasing Tenant from any obligations of Tenant. All sums so paid by Landlord and all reasonable and necessary incidental costscosts incurred by Landlord in connection therewith, together with interest thereon at the rate of ten percent (10%) per annum Default Rate from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rentAdditional Charges. 26.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be kept or performed by Tenant under any of the terms of this Lease lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Leasefor ten (10) days after notice thereof by Landlord, Landlord may, but shall not be obligated to, and without waiving any default of Tenant or releasing Tenant from any obligations of TenantTenant hereunder, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by the Landlord and all reasonable necessary incidental costs, together with interest thereon at the rate of ten percent (10%) per annum from the date of such payment by the Landlord, shall be payable paid to Landlord forthwith on demand and Tenant covenants to pay any such sumsdemand, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 1 contract
Samples: Assignment of Lease (Viador Inc)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten percent (10%) per annum specified in Section 20E above from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and and, except as otherwise expressly permitted under this Lease, without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's ’s part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten percent (10%specified in Section 20(e) per annum from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 1 contract
Samples: Standard Office Lease (Wowio, Inc.)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rentRent, except as otherwise provided herein. If Tenant shall fail to pay any sum of moneymoney or incur any expense, other than rentRent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any the applicable cure period set forth in this Leaseperiod, Landlord may, but shall not be obligated toto do so, and without waiving or releasing Tenant from any obligations of Tenantits obligations, make any such payment or incur any such expense or perform any such other act on Tenant's part to be made or performed as is in required by this Lease providedto be made or done by Tenant. All sums so paid by Landlord and all reasonable necessary incidental costs, costs together with interest thereon at the rate of ten percent (10%) per annum Agreed Interest Rate from the date of such payment by Landlord, Landlord shall be payable as additional rent to Landlord on demand demand, and Tenant covenants to pay any such sums, and Landlord shall have (have, in addition to any other right or remedy of Landlord) , the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rentRent.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by the Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If the Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Leasefor ten (10) days after notice thereof by the Landlord, the Landlord may, but shall not be obligated toso to do, and without waiving or releasing the Tenant from any obligations of the Tenant, make any such payment or perform any such other act on the Tenant's part to be made or performed as is in this Lease provided. All sums so paid by the Landlord and all reasonable necessary incidental costs, together with interest interests thereon at the rate of ten percent (10%) per annum Agreed Interest Rate as defined in Paragraph 8 hereof from the date of such payment payments by Landlord, the Landlord shall be payable as additional rent to the Landlord on demand demand, and the Tenant covenants to pay any such sums, and the Landlord shall have (have, in addition to any other right or remedy of the Landlord) , the same rights and remedies in the event of the nonpayment thereof by the Tenant as in the case of default by the Tenant in the payment of the rent.
Appears in 1 contract
Samples: Basic Lease (Clientlink Inc)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense expense, and without any abatement of rentRent or any other sums due by Tenant hereunder. If Tenant shall fail to pay any sum of money, other than rentRent, required to be paid by it hereunder hereunder, or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Leasefor nine (9) calendar days after written notice thereof by Landlord, Landlord may, but shall not be obligated toto do so, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's ’s part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable necessary incidental costs, together with interest thereon at the rate of ten eighteen percent (1018%) per annum from the date of such payment by Landlord until the date on which Tenant fully reimburses Landlord, shall be payable to Landlord on demand demand, and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment non-payment thereof by Tenant Tenant, as in the case of default by Tenant in the payment of the rentRent.
Appears in 1 contract
Samples: Office Lease (Heatwurx, Inc.)
RIGHT OF LANDLORD TO PERFORM. All terms and covenants and agreements of this Lease to be performed or observed by Tenant under any of the terms of this Lease shall be performed or observed by Tenant at Tenant's sole cost and expense and without any abatement reduction of rentRental. If Tenant shall fail fails to pay any sum of money, other than rent, required to be paid by it Rental hereunder or shall fail fails to perform any other act term or covenant hereunder on its part to be performed hereunderperformed, and such failure shall continue beyond any applicable cure for twenty (20) days (or such shorter period set forth in this Leaseas may be reasonable under emergency circumstances) after written notice thereof by Landlord, Landlord may, but shall not be obligated toLandlord, without waiving or releasing Tenant from any obligations obligation of TenantTenant hereunder, may make any such payment or perform any such other act term or covenant on Tenant's part to be made or performed as is in this Lease providedbut shall not be obligated to do so. All sums so paid by Landlord and all reasonable incidental costsnecessary costs of such performance by Landlord, together with interest thereon at the rate of ten percent (10%) per annum Interest Rate from the date of such payment or performance by Landlord, shall be payable paid (and Tenant covenants to make such payment) to Landlord on demand and Tenant covenants to pay any such sumsby Landlord, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment non-payment thereof by Tenant as in the case of default failure by Tenant in the payment of the rentRental hereunder.
Appears in 1 contract
Samples: Office Lease (Micromuse Inc)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be ---------------------------- performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period of notice set forth in this Lease, Landlord may, but shall not be obligated toso to do, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten percent (10%) per annum from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by the Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any abatement of rentRent. If the Tenant shall fail to pay any sum of money, other than rentRent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth past the time periods proscribed in this LeaseSection 19(a) herein, the Landlord may, but shall not be obligated toso to do, and without waiving or releasing the Tenant from any obligations of the Tenant, make any such payment or perform any such other act on the Tenant's ’s part to be made or performed as is in this Lease provided. All sums so paid by the Landlord and all reasonable necessary incidental costs, together with interest thereon at the rate of ten percent (10%) per annum Agreed Interest Rate as defined in Paragraph 8 hereof from the date of such payment payments by the Landlord, shall be payable as Additional Rent to the Landlord on within ten (10) days of demand therefor, and the Tenant covenants to pay any such sums, and the Landlord shall have (have, in addition to any other right or remedy of the Landlord) , the same rights and remedies in the event of the nonpayment thereof by the Tenant as in the case of default by the Tenant in the payment of the rentRent.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rentrent or setoff of any other amount due from Tenant to Landlord. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder hereunder, or shall fail to perform any other act on its part to be performed hereunder, and Tenant shall not have commence to cure such failure within ten (10) days after notice thereof by Landlord (except in an emergency when no notice shall continue beyond any applicable cure period set forth in this Leasebe required), Landlord may, but shall not be obligated toso obligated, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable necessary incidental costs, costs together with interest thereon at the rate of ten percent (10%) per annum set forth in Section 4 from time to time during such period from the date of such payment by Landlord, shall be payable to Landlord promptly on demand and demand. Tenant covenants to pay any all such sums, sums and Landlord shall have (have, in addition to t any other right or remedy of Landlord) , the same rights and remedies in the event of the nonpayment non-payment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any abatement of rentBase Rent or Additional Charges. If Tenant shall fail to pay defaults in the payment of any sum of money, other than rentBase Rent or Additional Charges, required to be paid by it hereunder or shall fail fails to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure continues for ten (10) days after notice thereof by Landlord (or such longer period set forth as noted in this LeaseSubparagraph 9(e) [Cure Rights] or Subparagraph 21(a) [Tenant’s Default], except in the event of emergency), Landlord may, but shall shall, not be obligated to, make any such payment or perform any such act on Tenant’s part to be made or performed as provided in this Lease without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable and necessary incidental costscosts incurred by Landlord in connection therewith, together with interest thereon at the rate of ten percent (10%) per annum Default Rate from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rentAdditional Charges.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder hereunder, or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Leasefor ten (10) days after notice thereof by Landlord or the Board, either Landlord or the Board may, but shall not be obligated toso to do, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's ’s part to be made or performed by Tenant as is provided in this Lease provided. All sums so paid by Landlord or the Board and all reasonable necessary incidental costs, costs together with interest thereon at the rate of ten percent (10%) per annum Agreed Interest Rate from the date of such payment by Landlord, Landlord or the Board shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment non-payment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 1 contract
Samples: Midwest Banc Holdings Inc
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rentRent. If Tenant shall fail to pay any sum of money, other than rentRent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the prime rate of ten Fleet Bank, N.A. or any successor thereto, plus three percent (103%) per annum from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as are set forth in the case of default by Tenant in the payment of the rentthis Lease.
Appears in 1 contract
Samples: Alnylam Pharmaceuticals Inc
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any abatement of rent. If Tenant shall fail to perform any acts, covenants or agreements to be performed by Tenant under any of the terms of this Lease or to pay any such sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Leasefor ten (10) days after written notice thereof by Landlord, Landlord may, but shall not be obligated toobliged so to do, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act act, covenant or agreement on Tenant's tenant’s part to be made or performed as is in this Lease provided. All sums so paid by Landlord or costs related to Landlord’s performance of such acts, covenants or agreements and all reasonable necessary incidental costs, together with interest thereon at the rate of ten percent (10%) per annum Agreed Interest Rate as defined in Paragraph 8 hereof from the date of such payment by Landlord, shall be payable as additional rent to Landlord on demand demand, and Tenant covenants to pay any such sums, and Landlord shall have (have, in addition to any other right or remedy of the Landlord) , the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rentRent. If Tenant shall fail to pay any sum of money, money (other than rent, Rent due Landlord) required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, including, but not limited to, the failure to commence and such complete repairs promptly and adequately, and the failure shall continue beyond to remove any applicable cure period set forth in liens or otherwise to perform any act or fulfill any obligation required of Tenant under this Lease, Landlord may, but shall not be obligated to, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. Notwithstanding the foregoing, Landlord shall not be required to give Tenant written notice prior to performing on Tenant's behalf in the event of an emergency. All sums so paid by Landlord and all reasonable necessary incidental costs, together with interest thereon at the rate of an administrative overhead charge equal to ten percent (10%) per annum from of the date of such payment by Landlordactual costs incurred, shall be payable to Landlord by Tenant as Rent on demand and Tenant covenants to pay any all such sums, and . Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the Tenant's nonpayment thereof by Tenant of such sums, as in the case of default by Tenant in the payment of the rentRent to Landlord.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any abatement of rentRent. If Tenant shall fail to pay any sum of money, other than rentRent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure or other period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's ’s part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable documented incidental costs, together with interest thereon at the rate of ten percent (10%) per annum Default Rate from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rentRent.
Appears in 1 contract
Samples: Office Lease (TRX Inc/Ga)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be kept or performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rentRent. If Tenant shall fail to pay any sum of money, money other than rent, Rent required to be paid by it hereunder hereunder, or shall fail to perform any other act on in its part to be performed formed hereunder, and such failure shall should continue beyond any applicable cure period set forth in this Leaseto ten (10) days after notice thereof by Landlord, Landlord may, but shall not be obligated to, then without waiving any default of Tenant or releasing Tenant from any obligations of TenantTenant hereunder, make Landlord may make, but shall not be obliged to make, any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease providedhereunder. All sums so paid by Landlord and all reasonable necessary incidental costs, costs together with interest thereon at the maximum rate of ten percent (10%) per annum allowable by law from the date of such payment by Landlord, Landlord shall be payable deemed additional Rent and should be paid by Tenant to Landlord on demand and Tenant covenants to pay any such sumsimmediately upon demand, and Landlord shall have (have, in addition to any other right or remedy of Landlord) Landlord under this Lease, the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rentRent.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any abatement of rent, except as otherwise specifically provided herein. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's ’s part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten percent (10%specified in Section 20(e) per annum above from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be ---------------------------- performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable notice and cure period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten percent (10%) per annum from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 1 contract
Samples: Office Lease (Newport Corp)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rentBase Rent or Additional Charges. If Tenant shall fail to pay defaults in the payment of any sum of money, other than rentBase Rent or Additional Charges, required to be paid by it hereunder or shall fail fails to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure continues for ten (10) days after notice thereof by Landlord (or such longer period set forth as noted in this LeaseSubparagraph 9(e) [Cure Rights] or Subparagraph 21(a) [Tenant's Default], except in the event of emergency), Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is provided in this Lease providedwithout waiving or releasing Tenant from any obligations of Tenant. All sums so paid by Landlord and all reasonable and necessary incidental costscosts incurred by Landlord in connection therewith, together with interest thereon at the rate of ten percent (10%) per annum Default Rate from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rentAdditional Charges.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be kept or performed by Tenant tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Leasefor ten (10) days after notice thereof by Landlord, Landlord may, but shall not be obligated to, and without waiving and default of Tenant or releasing Tenant from any obligations of TenantTenant hereunder, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by the Landlord and all reasonable necessary incidental costs, together with interest thereon at the rate of ten percent (10%) per annum from the date day of such payment by the Landlord, shall be payable paid to Landlord forthwith on demand and Tenant covenants to pay any such sumsdemand, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 1 contract
Samples: Finisar Corp
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rentRent. If Tenant shall fail to pay any sum of money, other than rentRent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure grace period set forth in this LeaseArticle 20, Landlord may, but shall not be obligated toso to do, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable necessary incidental costs, together with interest thereon at the maximum rate of ten percent (10%) per annum allowed by law from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rentRent.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. 25. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rentRent. If Tenant shall fail to pay any sum of money, other than rentRent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Leasefor ten (10) days after notice thereof by Landlord, Landlord may, but shall not be obligated toto do so, and without waiving or releasing Tenant from any obligations of the Tenant, make any such payment or perform any such other act on the Tenant's part to be made or performed as is in this Lease providedperformed. All sums so paid by Landlord and all reasonable necessary incidental costs, costs together with interest thereon at the rate of ten eighteen percent (1018%) per annum or the maximum rate permitted by law, whichever is less per annum from the date of such payment by Landlord, the Landlord shall be payable as Additional Rent to Landlord on demand demand, and Tenant covenants to pay any such sums, and Landlord shall have (have, in addition to any other right or remedy of Landlord) , the same rights right and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.Rent. SURRENDER OF PREMISES
Appears in 1 contract
Samples: Expansion Agreement (Extricity Inc)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any abatement of rent, except as otherwise expressly set forth in this Lease. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable notice and cure period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's ’s part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten percent (10%specified in Section 20(e) per annum above from the date of such payment by Landlord, shall be payable to Landlord on within ten (10) business days after receipt of demand therefor and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 1 contract
Samples: Lease Agreement (Oncorus, Inc.)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten percent (10%) per annum from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If Tenant shall fail fails to pay make any sum of money, payment required hereunder (other than rentMonthly Rent, required to be paid by it hereunder Additional Rent and/or Parking Space Rental) or shall fail fails to perform any other act on of its part to be performed obligations hereunder, and such failure shall continue beyond any applicable cure period set forth in this Lease, Landlord may, after not less than ten (10) Business Days prior notice to Tenant, but shall not be obligated obliged to, and without waiving any default of Tenant or releasing Tenant from any obligations of Tenantto Landlord hereunder, make any such payment or perform any other such other act obligation on Tenant's part ’s behalf. Tenant shall pay to be made or performed as is in this Lease provided. All Landlord, within thirty (30) days of Landlord’s written demand therefor, one hundred ten percent (110%) of all sums so paid by Landlord and all reasonable necessary incidental costscosts incurred by Landlord in connection with the performance by Landlord of an obligation of Tenant. If such sum is not paid by Tenant within the required thirty (30)-day period, together with interest thereon shall accrue on such sum at the rate of ten percent (10%) per annum Interest Rate from the date end of such thirty (30)-day period until paid by Xxxxxx. Further, Tenant’s failure to make such payment by Landlord, within such thirty (30)-day period shall be payable entitle Landlord to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies provided Landlord in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the non-payment of the rent.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by the Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any abatement of rentRent except as expressly set forth in this Agreement. If the Tenant shall fail to pay any sum of money, other than rentRent, required to be paid by it hereunder or shall otherwise fail to perform any other act on of its part to be performed obligations hereunder, and such failure shall continue beyond any applicable cure period set forth in this Leasefor ten (10) days after notice thereof by Landlord, the Landlord may, but shall not be obligated toso to do, and without waiving or releasing the Tenant from any obligations of the Tenant, make any such payment or perform any such other act on the Tenant's ’s part to be made or performed as is in this Lease provided. All sums so paid by the Landlord and all reasonable necessary incidental costs, costs together with interest thereon at the rate of ten percent (10%) per annum Agreed Interest Rate as defined in Paragraph 9 hereof, from the date of such payment by Landlord, the Landlord shall be payable as additional rent to the Landlord on demand demand, and the Tenant covenants to pay any such sums, sums and the Landlord shall have (have, in addition to any other right or remedy of the Landlord) , the same rights and remedies in the event of the nonpayment thereof by the Tenant as in the case of default by the Tenant in the payment of the rentRent.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If Tenant shall fail fails to pay make any sum of money, payment required hereunder (other than rentMonthly Rent, required to be paid by it hereunder Additional Rent and/or Parking Space Rental) or shall fail fails to perform any other act on of its part to be performed obligations hereunder, and such failure shall continue beyond any applicable cure period set forth in this Lease, Landlord may, after not less than ten (10) Business Days prior notice to Tenant, but shall not be obligated obliged to, and without waiving any default of Tenant or releasing Tenant from any obligations of Tenantto Landlord hereunder, make any such payment or perform any other such other act obligation on Tenant's part ’s behalf. Tenant shall pay to be made or performed as is in this Lease provided. All Landlord, within thirty (30) days of Landlord’s written demand therefor, one hundred ten percent (110%) of all sums so paid by Landlord and all reasonable necessary incidental costscosts incurred by Landlord in connection with the performance by Landlord of an obligation of Tenant. If such sum is not paid by Tenant within the required thirty (30)-day period, together with interest thereon shall accrue on such sum at the rate of ten percent (10%) per annum Interest Rate from the date end of such thirty (30)-day period until paid by Tenant. Further, Tenant’s failure to make such payment by Landlord, within such thirty (30)-day period shall be payable entitle Landlord to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies provided Landlord in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the non-payment of the rent.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be ---------------------------- performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's Tenants sole cost and expense and without any abatement of rentrent except as may otherwise be expressly provided in this Lease. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's Tenants part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten percent (10%) per annum from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 1 contract
Samples: Office Lease (Trinagy Inc)
RIGHT OF LANDLORD TO PERFORM. Section 31.1. All terms, covenants and agreements conditions of this Lease to be performed or observed by Tenant under any of the terms of this Lease shall be performed or observed by Tenant at Tenant's sole cost and expense and without any abatement reduction of rent. If Tenant shall fail to pay any sum of money, or other than rent, required to be paid by it hereunder or shall fail to perform any other act term or covenant hereunder on its part to be performed hereunderperformed, and such failure shall continue beyond for five (5) days after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any applicable cure period set forth in this Leaseobligation of Tenant hereunder, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act term or covenant on Tenant's part to be made performed; and Landlord shall not be rendered liable to Tenant or performed any third party for the failure to do so, nor shall Tenant be relieved from any obligation to indemnify Landlord as is otherwise provided elsewhere in this Lease providedLease. All sums so paid by Landlord and all reasonable incidental costs, necessary costs of such performance by Landlord together with interest thereon at the rate lesser of (i) ten percent (10%) per annum or (ii) the maximum legal rate from the date of such payment or performance by Landlord, shall be payable paid (and Tenant covenants to make such payment) to Landlord on demand and Tenant covenants to pay any such sumsby Landlord, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default failure by Tenant in the payment of the rentBasic Rent hereunder.
Appears in 1 contract
Samples: Menlo Place Office (Versartis, Inc.)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's ’s part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten percent (10%) per annum from form the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable period of notice and cure period set forth in this Lease, Landlord may, but shall not be obligated toso to do, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's ’s part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten percent (10%) per annum from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any abatement of rentRent. If Tenant shall fail to pay any sum of money, other than rentRent, required to be paid by it hereunder hereunder, or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure grace period set forth in this LeaseArticle 20, Landlord may, but shall not be obligated toso to do, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease providedact. All sums so paid by Landlord and all reasonable necessary incidental costs, together with interest thereon at the rate of ten percent (10%) per annum Lease Rate from the date of such payment by LandlordLandlord until the date paid in full by Tenant, shall be payable to Landlord on demand and within ten (10) days of demand. Tenant covenants to shall pay any such sums, sums and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event the’event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rentRent.
Appears in 1 contract
Samples: Lease (Central Coast Bancorp)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten percent (10%specified in Section 20(e) per annum above from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.-27- 4825-0360-7189.6
Appears in 1 contract
Samples: Phunware, Inc.
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten percent (10%specified in Section 20(e) per annum above from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense expense, and without any abatement of rentRent. If Tenant shall fail to pay any sum of money, other than rentRent, required to be paid by it hereunder hereunder, or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Leasefor fifteen (15) days after written notice thereof by Landlord, Landlord may, but shall not be obligated to, to do so and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by Landlord landlord and all reasonable necessary incidental costs, together with interest thereon at the interest rate of ten percent set forth in subparagraph (10%xi) per annum above in effect from the date of such payment payments by Landlord, shall be payable to Landlord on demand demand, and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment non-payment thereof by Tenant Tenant, as in the case of default by Tenant in the payment of the rentRent.
Appears in 1 contract
Samples: Business Lease (PSC Inc)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by the Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any abatement of rentRent. If the Tenant shall fail to pay any sum of money, other than rentBase Rent, required to be paid by it hereunder or shall otherwise fail to perform any other act on of its part to be performed obligations hereunder, and such failure shall continue beyond any applicable cure period set forth in this Leasefor ten (10) days after notice thereof by Landlord, the Landlord may, but shall not be obligated toso to do, and without waiving or releasing the Tenant from any obligations of the Tenant, make any such payment or perform any such other act on the Tenant's ’s part to be made or performed as is in this Lease provided. All sums so paid by the Landlord and all reasonable necessary incidental costs, costs together with interest thereon at the rate of ten percent (10%) per annum Agreed Interest Rate as defined in Paragraph 7 hereof, from the date of such payment by Landlord, the Landlord shall be payable as Additional Rent to the Landlord on demand demand, and the Tenant covenants to pay any such sums, sums and the Landlord shall have (have, in addition to any other right or remedy of the Landlord) , the same rights and remedies in the event of the nonpayment thereof by the Tenant as in the case of default by the Tenant in the payment of the rentRent.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If Tenant shall fail to perform any acts, covenants or agreements to be performed by Tenant under any of the terms of this Lease or to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Leasefor (10) days after notice thereof by Landlord, Landlord may, but shall not be obligated toso to do, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act act, covenant or agreement on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by Landlord or costs related to Landlord's performance of such acts, covenants or agreements and all reasonable necessary incidental costs, together with interest thereon at the rate of ten percent (10%) per annum Agreed Interest Rate as defined in Paragraph 8 hereof from the date of such payment by Landlord, shall be payable as additional rent to Landlord on demand demand, and Tenant covenants to pay any such sums, and Landlord shall have (have, in addition to any other right or remedy of the Landlord) , the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be kept or performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Leasefor ten (10) days after notice thereof by Landlord, Landlord may, but shall not be obligated to, and without waiving any default of Tenant or releasing Tenant from any obligations of TenantTenant hereunder, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease providedprovided herein. All sums so paid by the Landlord and all reasonable necessary incidental costs, together with interest thereon at the highest rate of ten percent (10%) per annum allowed by law from the date of such payment by the Landlord, shall be payable paid to Landlord forthwith on demand and Tenant covenants to pay any such sumsdemand, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by the Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If the Tenant shall fail to pay any sum of moneymoney or incur any expense, other than rent, required to be paid by it hereunder Tenant hereunder, whether or shall fail to perform any other act on its part to be performed hereundernot such failure constitutes a breach of this Lease, and such failure shall continue beyond any applicable cure period set forth in this Leasefor twenty (20) days after notice thereof by the Landlord, then Landlord may, but shall not be obligated toto do so, and without waiving or releasing the Tenant from any obligations of Tenant, the Tenant make any such payment or incur any such expense or perform any such other act on the Tenant's part to be made or performed as is in this Lease providedrequired to be adopted by Tenant. All sums so paid by the Landlord and all reasonable as necessary incidental costs, costs together with interest thereon at the rate of ten one and one-half percent (101 1/2%) per annum month, which is eighteen percent (18%) per annum, from the date of such payment by the Landlord, shall be payable as additional rent to the Landlord on demand demand, and the Tenant covenants to pay any such sums, and the Landlord shall have (have, in addition to any other right or remedy of the Landlord) , the same rights and remedies in the event of the nonpayment thereof by the Tenant as in the case of default by the Tenant in the payment of the rent.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All terms, covenants and agreements conditions of this Lease to be performed or observed by Tenant under any of the terms of this Lease shall be performed or observed by Tenant at Tenant's sole cost and expense and without any abatement reduction of rentRent. If Tenant shall fail to pay any sum of money, other than rentRent, required to be paid by it hereunder or shall fail to perform any other act on its part term or covenant required to be performed hereunderby it hereunder after expiration of any applicable cure periods, and such failure shall continue beyond for five (5) days after written notice thereof from Landlord, Landlord, without waiving or releasing Tenant from any applicable cure period set forth in this Leaseobligation of Tenant hereunder, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act term or covenant on Tenant's part to be made or performed as is in this Lease providedperformed. All sums so paid by Landlord and all reasonable incidental costs, necessary costs of such performance by Landlord together with interest thereon at the rate of ten percent (10%) per annum from the date of such payment by Landlordinterest specified in Paragraph 44 below, shall be payable paid to Landlord on demand and Tenant covenants to pay any such sumsas Additional Rent, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rentRent hereunder.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If Tenant shall fail to perform any acts, covenants or agreements to be performed by Tenant under any of the terms of this Lease or to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Leasefor ten (10) days after notice thereof by Landlord, Landlord may, but shall not be obligated toso to do, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act act, covenant or agreement on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by Landlord or costs related to Landlord's performance of such acts, covenants or agreements and all reasonable necessary incidental costs, together with interest thereon at the rate of ten percent (10%) per annum Agreed Interest Rate as defined in Paragraph 8 hereof from the date of such payment by Landlord, shall be payable as additional rent to Landlord on demand demand, and Tenant covenants to pay any such sums, and Landlord shall have (have, in addition to any other right or remedy of the Landlord) , the same rights and remedies in the event of the nonpayment thereof by Tenant Xxxxxx as in the case of default by Tenant Xxxxxx in the payment of the rent.
Appears in 1 contract
Samples: Office Lease Agreement (Optium Corp)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any abatement of rent. If Subject to any rights of Tenant to contest, if Tenant shall fail to pay any sum of money, other than rent, Base Rent required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Leasefor fifteen (15) days after notice thereof by Landlord, Landlord may, but shall not be obligated toso to do, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's ’s part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable necessary incidental costscosts and expenses, together with interest thereon at the rate of ten percent (10%) percent per annum from the date of such payment by Landlord, Landlord shall be payable payable, as additional rent to Landlord on demand demand, and Tenant covenants to pay any such sums, and Landlord shall have (have, in addition to any other right or remedy of Landlord) , the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.. If Tenant fails to maintain quality of character and operation in the manner specified in this Lease, then:
Appears in 1 contract
Samples: www.santabarbaraca.gov
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten percent (10%specified in Section 20(e) per annum above from the date of such payment by Landlord, shall be payable to Landlord on within the (10) business days after written demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent. (ffff) Access, Changes in Project, Facilities, Name.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any abatement of rentRent. If Tenant shall fail to pay any sum of money, other than rentRent due Landlord, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, including the failure to commence and such complete repairs promptly and adequately, and the failure shall continue beyond to remove any applicable cure period set forth in liens or otherwise to perform any act or fulfill any obligation required of Tenant under this Lease, Landlord may, but shall not be obligated toto do so, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's ’s part to be made or performed as is in this Lease provided. All If Xxxxxx has failed to perform its obligations hereunder following written notice and an opportunity to cure, all sums so paid by Landlord and all reasonable necessary incidental costs, together with interest thereon at an administrative charge in the rate amount of ten fifteen percent (1015%) per annum from the date of such payment any costs incurred by Landlord, shall be payable Landlord not to Landlord on demand and Tenant covenants to pay any such sums, and exceed $15,000.00. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the Xxxxxx’s nonpayment thereof by Tenant of such sums, as in the case of default by Tenant in the payment of the rentRent to Landlord.
Appears in 1 contract
Samples: Commercial Lease Agreement (Lulu's Fashion Lounge Holdings, Inc.)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by the Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If the Tenant shall fail to pay any sum of moneymoney or incur any expense, other than rent, required to be paid by it hereunder Tenant hereunder, whether or shall fail to perform any other act on its part to be performed hereundernot such failure constitutes a breach of this Lease, and such failure shall continue beyond any applicable cure period set forth in this Leasefor twenty (20) days after notice thereof by the Landlord, then Landlord may, but shall not be obligated toto do so, and without waiving or releasing the Tenant from any obligations of the Tenant, make any such payment or incur any such expense or perform any such other act on the Tenant's part to be made or performed as is in this Lease providedrequired to be adopted by Tenant. All sums so paid by the Landlord and all reasonable as necessary incidental costs, costs together with interest thereon at the rate of ten one and one-half percent (101 1/2%) per annum month, which is eighteen percent (18%) per annum, from the date of such payment by the Landlord, shall be payable as additional rent to the Landlord on demand demand, and the Tenant covenants to pay any such sums, sums and the Landlord shall have (have, in addition to any other right or remedy of the Landlord) , the same rights and remedies in the event of the nonpayment thereof by the Tenant as in the case of default by the Tenant in the payment of the rent.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any abatement of rentrent except as otherwise expressly set forth herein. If Tenant shall fail to perform any acts, covenants or agreements to be performed by Tenant under any of the terms of this Lease or to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Leasefor ten (10) days after written notice thereof by Landlord, Landlord may, but shall not be obligated toso to do, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act act, covenant or agreement on Tenant's ’s part to be made or performed as is in this Lease provided. All sums so paid by Landlord or costs related to Landlord’s performance of such acts, covenants or agreements and all reasonable necessary incidental costs, together with interest thereon at the rate of ten percent (10%) per annum Agreed Interest Rate as defined in Paragraph 8 hereof from the date of such payment by Landlord, shall be payable as additional rent to Landlord on demand demand, and Tenant covenants to pay any such sums, and Landlord shall have (have, in addition to any other right or remedy of the Landlord) , the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any abatement of rentRent. If Tenant shall fail to pay any sum of money, other than rentRent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable notice and cure period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's ’s part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten percent (10%) per annum Default Rate from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rentRent.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be kept or performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Leasefor ten [10] days after notice thereof by Landlord, Landlord may, but shall not be obligated to, and without waiving any default of Tenant or releasing Tenant from any obligations of TenantTenant hereunder, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by the Landlord and all reasonable necessary incidental costs, together with interest thereon at in the rate of ten percent ([10%) ] per annum from the date of such payment by the Landlord, shall be payable paid to Landlord forthwith on demand and Tenant covenants to pay any such sumsdemand, and Landlord shall have ([in addition to any other right or remedy of Landlord) ] the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 1 contract
Samples: Lease Agreement (Looksmart LTD)
RIGHT OF LANDLORD TO PERFORM. All terms and covenants and agreements of this Lease to be performed or observed by Tenant under any of the terms of this Lease shall be performed or observed by Tenant at Tenant's sole cost and ’s expense and without any abatement reduction of rentRent. If Tenant shall fail fails to pay any sum of money, other than rent, required to be paid by it Rent hereunder or shall fail fails to perform any other act term or covenant hereunder on its part to be performed hereunderperformed, and such failure shall continue beyond any for the applicable notice and cure period, if any, or if none for ten (10) days (or such shorter period set forth as may be reasonable under emergency circumstances) after written notice thereof by Landlord, then, upon written notice to Tenant (provided that no notice need be given in this Leasethe event of an emergency), Landlord may, but shall not be obligated toLandlord, without waiving or releasing Tenant from any obligations obligation of TenantTenant hereunder, may make any such payment or perform any such other act term or covenant on Tenant's ’s part to be made or performed as is in this Lease providedbut shall not be obligated to do so. All sums so paid by Landlord and all reasonable incidental costsnecessary costs of such performance by Landlord, together with interest thereon at the rate of ten percent (10%) per annum Interest Rate from the date of such payment or performance by Landlord, shall be payable paid (and Tenant covenants to make such payment) to Landlord on demand and Tenant covenants to pay any such sumsby Landlord, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment non-payment thereof by Tenant as in the case of default failure by Tenant in the payment of the rentRent hereunder.
Appears in 1 contract
Samples: Lease Agreement (JMP Group Inc.)
RIGHT OF LANDLORD TO PERFORM. 27.01 All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense expense, and without any abatement of rentRent. If Tenant shall fail to pay any sum of money, other than rentRent, required to be paid by it hereunder it, or shall fail to perform any other act on its part to be performed hereunderperformed, and such the failure shall continue beyond any applicable for thirty (30) days after written notice by Landlord unless the performance of the same requires a longer period of time to perform, in which case Tenant shall have a reasonable amount of time to perform the same, so long as Tenant commences to cure within said thirty (30) day period set forth in this Leaseand thereafter diligently prosecutes the same to completion, Landlord may, but shall not be obligated toto do so, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's ’s part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable necessary incidental costs, together with interest thereon at the rate of ten one and one-half percent (101-1/2%) per annum month from the date of such a payment by Landlord, shall be payable to Landlord on demand demand, and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment non-payment thereof by Tenant Tenant, as in the case of default by Tenant in the payment of the rentRent.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be ------------------------------ performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, rent required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten percent (10%) per annum from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any abatement of rentRent. If Tenant shall fail to pay any sum of money, other than rentRent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's ’s part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten twelve percent (1012%) per annum from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rentRent.
Appears in 1 contract
Samples: Office Lease (Medivation, Inc.)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be ------------------------------ performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten percent (10%) per annum from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms Terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail fail. to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure grace period set forth in this LeaseArticle 19, Landlord may, but shall not be obligated toso to do, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by Landlord Xxxxxxxx and all reasonable necessary incidental costs, together with interest thereon at the rate of ten twelve percent (1012%) per annum from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure grace period set forth in this LeaseArticle 20, Landlord may, but shall not be obligated toso to do, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable necessary incidental costs, together with interest thereon at the rate of ten percent (10%) per annum hereinafter provided, from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements obligations to be performed by the Tenant under any of the terms of this Lease shall be performed by the Tenant at the Tenant's ’s sole cost and expense and without any abatement of rent. If the Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act action on its part to be performed hereunderperformed, and such failure shall continue beyond any applicable cure period set forth in this Leasefor seven (7) days after notice thereof by the Landlord, the Landlord may, but shall not be obligated to, and without waiving or releasing the Tenant from any obligations obligation of the Tenant, make perform on the Tenant’s behalf any such payment or perform any such other act on Tenant's part acts to be made or performed as is in this Lease providedperformed. All sums Any cost so paid incurred by Landlord and all reasonable incidental costsXxxxxxxx, together with interest thereon at the rate of ten eighteen percent (1018%) per annum from the date of such payment by Landlordannum, shall be payable to the Landlord on demand and Tenant covenants to pay any such sumsdemand, and the Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case event of default by the Tenant in the payment of rent. The Tenant further agrees to pay all reasonable costs and expenses, including a reasonable attorneys’ fee, which may be sustained or incurred by the rentLandlord in the enforcement or declaration of any of the rights and remedies of the Landlord or obligations of the Tenant, whether arising under this Lease or granted, permitted or imposed by law or otherwise.
Appears in 1 contract
Samples: Commercial Lease Agreement (La Rosa Holdings Corp.)
RIGHT OF LANDLORD TO PERFORM. All Except as otherwise provided herein, all covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's ’s part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten percent (10%specified in Section 20(e) per annum above from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be kept or performed by Tenant under any of the terms term of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent, except as otherwise expressly provided herein. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Leasefor thirty (30) days after notice thereof by Landlord, Landlord may, but shall not be obligated to, and without waiving any default of Tenant or releasing Tenant from any obligations of TenantTenant hereunder, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by the Landlord and all reasonable necessary incidental costs, together with interest thereon at the rate of ten percent (10%) 12% per annum from the date of such payment by the Landlord, shall be payable paid to Landlord forthwith on demand and Tenant covenants to pay any such sumsdemand, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 1 contract
Samples: Styrochem International Inc
RIGHT OF LANDLORD TO PERFORM. All terms and covenants and agreements of this Lease to be performed or observed by Tenant under any of the terms of this Lease shall be performed or observed by Tenant at Tenant's sole cost and ’s expense and without any abatement reduction of rentRent. If Tenant shall fail fails to pay any sum of money, other than rent, required to be paid by it Rent hereunder or shall fail fails to perform any other act term or covenant hereunder on its part to be performed hereunderperformed, and such failure shall continue beyond any applicable cure period set forth in this Leasefor five (5) days after written notice thereof by Landlord, Landlord may, but shall not be obligated toLandlord, without waiving or releasing Tenant from any obligations obligation of TenantTenant hereunder, may (but shall not be obligated to) declare this Lease to be in default, or make any such payment or perform any such other act term or covenant on Tenant's ’s part to be made or performed as is in this Lease providedperformed. All sums so paid by Landlord and all reasonable incidental costsnecessary costs of such performance by Landlord, together with interest thereon at the rate of ten percent (10%) per annum Default Rate from the date of such payment or performance by Landlord, shall be payable paid by Tenant to Landlord on as additional rent upon demand and Tenant covenants to pay any such sumsby Landlord, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment non-payment thereof by Tenant as in the case of default failure by Tenant in the payment of the rent.any Rent hereunder. 20.3
Appears in 1 contract
Samples: www.sec.gov
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rentRent. If Tenant shall fail to pay any sum of money, other than rentRent, required to be paid by it hereunder hereunder, or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure grace period set forth in this LeaseArticle 22 above, Landlord may, but shall not be obligated toso to do, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable necessary incidental costs, together with interest thereon at the rate of ten percent (10%) per annum Lease Rate from the date of such payment by LandlordLandlord until the date paid in full by Tenant, shall be payable to Landlord on demand and within ten (10) days of demand. Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rentRent.
Appears in 1 contract
Samples: Supplemental Agreement (Eagle Hardware & Garden Inc/Wa/)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any abatement of rentRent. If Tenant shall fail to pay any sum of money, other than rentRent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's ’s part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten percent (10%) per annum Default Rate from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rentRent.
Appears in 1 contract
Samples: Lease and Lease Termination Agreement (Salix Pharmaceuticals LTD)
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rentRent due Landlord, required to be paid by it hereunder pursuant to this Lease or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in pursuant to this Lease, Landlord may, but shall not be obligated toto do so, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's ’s part provided Landlord (except in emergencies in which case no prior notice need be given) delivers three (3) days’ notice prior to be made or performed as is in this Lease providedperforming any work on behalf of Tenant and Tenant fails to commence to perform such work within five (5) days after receipt of Landlord’s notice. All sums so paid by Landlord and all reasonable necessary incidental costs, together with interest thereon at an administrative charge in the rate amount of ten percent (10%) per annum of any costs incurred by Landlord, and interest thereon at the rate permitted under Section 3.4.2 of this Lease accruing from the date of such payment paid or incurred by LandlordLandlord until reimbursed to Landlord by Tenant, shall be payable to Landlord by Tenant as Rent on demand and Tenant covenants to pay any all such sums, and . Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the Tenant’s nonpayment thereof by Tenant of such sums, as in the case of default by Tenant in the payment of the rentRent to Landlord.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Lease, Landlord may, but shall not be obligated to, after reasonable notice to Tenant, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten percent (10%) per annum from the date of such payment by Landlord, shall be payable to Landlord on within thirty (30) days after demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.
Appears in 1 contract
Samples: Kushner Locke Co
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any abatement of rentRent. If Tenant shall fail to pay any sum of money, other than rentRent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable notice and cure period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's ’s part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten percent (10%) per annum Default Rate from the date of such payment by Landlord, shall be payable to Landlord on within thirty (30) days of demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rentRent.
Appears in 1 contract
Samples: Office Lease (Enernoc Inc)
RIGHT OF LANDLORD TO PERFORM. All terms and covenants and agreements of this Lease to be performed or observed by Tenant under any of the terms of this Lease shall be performed or observed by Tenant at Tenant's sole cost and expense and without any abatement reduction of rentRent. If Tenant shall fail fails to pay any sum of money, other than rent, required to be paid by it Rent hereunder or shall fail fails to perform any other act term or covenant hereunder on its part to be performed hereunderperformed, and such failure shall continue beyond any applicable cure period set forth in this Leasefor ten (10) days after written notice thereof by Landlord, Landlord may, but shall not be obligated toLandlord, without waiving or releasing Tenant from any obligations obligation of TenantTenant hereunder, may (but shall not be obligated to) make any such payment or perform any such other act term or covenant on Tenant's part to be made or performed as is in this Lease providedperformed. All sums so paid by Landlord and all reasonable incidental costsnecessary costs of such performance by Landlord, together with interest thereon at the rate of ten percent (10%) per annum Default Rate from the date of such payment or performance by Landlord, shall be payable paid by Tenant to Landlord on demand and Tenant covenants to pay any such sumsby Landlord, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment non-payment thereof by Tenant as in the case of default failure by Tenant in the payment of the rentRent hereunder.
Appears in 1 contract
Samples: Antivirals Inc
RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be kept or performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Leasefor ten (10) days after notice thereof by Landlord, Landlord may, but shall not be obligated to, and without waiving any default of Tenant or releasing Tenant from any obligations of TenantTenant hereunder, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease providedprovided herein. All sums so paid by Landlord Xxxxxxxx and all reasonable necessary incidental costs, together with interest thereon at the highest rate of ten percent (10%) per annum allowed by law from the date of such payment by Landlord, shall be payable paid to Landlord forthwith on demand and Tenant covenants to pay any such sumsdemand, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant Xxxxxx as in the case of default by Tenant in the payment of the rent.
Appears in 1 contract