RIGHT OF LANDLORD TO PERFORM. Section 31.1. All terms, covenants and conditions of this Lease to be performed or observed by Tenant shall be performed or observed by Tenant at Tenant’s sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rent, required to be paid by it hereunder or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five (5) days after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall not be obligated to, make any such payment or perform any such other term or covenant on Tenant’s part to be performed; and Landlord shall not be rendered liable to Tenant or any third party for the failure to do so, nor shall Tenant be relieved from any obligation to indemnify Landlord as otherwise provided elsewhere in this Lease. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the 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 paid (and Tenant covenants to make such payment) to Landlord on 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 nonpayment by Tenant as in the case of failure by Tenant in the payment of Basic Rent hereunder.
Appears in 2 contracts
Samples: Sublease (Aravive, Inc.), Lease Agreement (Versartis, Inc.)
RIGHT OF LANDLORD TO PERFORM. Section 31.1. All terms, covenants and conditions of this Lease to be performed or observed by Tenant shall be performed or observed by Tenant at Tenant’s sole cost and expense and without any reduction of rent. If Tenant shall fail to timely pay any sum of money, or other rentRent, 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 term or covenant hereunder on its part to be performed, and such failure shall continue for five thirty (530) days after written notice thereof by LandlordLandlord (or such longer grace period as provided under Paragraph 21), Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall not be obligated obliged to, make any such payment or perform any such other term or covenant on Tenant’s part to be performed; and Landlord shall not be rendered liable to Tenant or any third party for the failure to do so, nor shall Tenant be relieved from any obligation to indemnify Landlord as otherwise provided elsewhere in this Lease. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the lesser of Interest Rate (ias defined in Paragraph 17 (“Liens”) ten percent (10%above) per annum or (ii) the maximum legal rate from the date of such payment or performance by Landlord, shall be paid (and Tenant covenants to make such payment) to Landlord on within five (5) 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 nonpayment by Tenant as in the case of failure by Tenant in the payment of Basic Rent hereunder.. Initial: DWD/JA
Appears in 2 contracts
Samples: Lease Agreement (Genitope Corp), Lease Agreement (Genitope Corp)
RIGHT OF LANDLORD TO PERFORM. Section 31.1. All terms, covenants and conditions of this Lease to be performed or observed by Tenant shall be performed or observed by Tenant at Tenant’s 's sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rent, required to be paid by it hereunder and such failure shall continue for five (5) days after written notice by Landlord, or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five thirty (530) days after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall not be obligated to, make any such payment or perform any such other term or covenant on Tenant’s 's part to be performed; and Landlord shall not be rendered liable to Tenant or any third party for the failure to do so, nor shall Tenant be relieved from any obligation to indemnify Landlord as otherwise provided elsewhere in this Lease. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the lesser rate of (i) ten percent (10%) the prime rate of interest per annum or (ii) as quoted by the maximum legal rate Bank of America from the date of such payment or performance by Landlord, shall be paid (and Tenant covenants to make such payment) to Landlord on 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 nonpayment by Tenant as in the case of failure by Tenant in the payment of Basic Rent rent hereunder.
Appears in 2 contracts
Samples: Lease Agreement (Bluestone Software Inc), Lease Agreement (Quantum Effect Devices Inc)
RIGHT OF LANDLORD TO PERFORM. Section 31.1. All terms, covenants and conditions of this Lease to be performed or observed by Tenant shall be performed or observed by Tenant at Tenant’s sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rentRent, required to be paid by it hereunder or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five (5) days after written notice thereof by LandlordLandlord or shall fail to perform any other term of covenant hereunder on its part to be performed, and such failure shall continue for thirty (30) days after written notice thereof by Landlord (or such longer grace period as shall be provided under Paragraph 24), Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall not be obligated obliged to, make any such payment or perform any such other term or covenant on Tenant’s part to be performed; and Landlord shall not be rendered liable to Tenant or any third party for the failure to do so, nor shall Tenant be relieved from any obligation to indemnify Landlord as otherwise provided elsewhere in this Lease. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the lesser rate of (i) ten percent (10%) the prime rate of interest per annum or (ii) as quoted by the maximum legal rate Bank of America from the date of such payment or performance by Landlord, shall be paid (and Tenant covenants to make such payment) to Landlord on within five (5) 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 nonpayment by Tenant as in the case of failure by Tenant in the payment of Basic Rent hereunder.
Appears in 2 contracts
Samples: Lease (Yodlee Inc), Lease Agreement (Opti Inc)
RIGHT OF LANDLORD TO PERFORM. Section 31.1. All terms, covenants and conditions of this Lease to be performed or observed by Tenant shall be performed or observed by Tenant at Tenant’s sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rentRent, 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 term or covenant hereunder on its part to be performed, and such failure shall continue for five thirty (530) days after written notice thereof by LandlordLandlord (or such longer grace period as provided under Paragraph 24), Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall not be obligated obliged to, make any such payment or perform any such other term or covenant on Tenant’s part to be performed; and Landlord shall not be rendered liable to Tenant or any third party for the failure to do so, nor shall Tenant be relieved from any obligation to indemnify Landlord as otherwise provided elsewhere in this Lease. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the lesser of Interest Rate (ias defined in Paragraph 20 (“Liens”) ten percent (10%above) per annum or (ii) the maximum legal rate from the date of such payment or performance by Landlord, shall be paid (and Tenant covenants to make such payment) to Landlord on within five (5) 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 nonpayment by Tenant as in the case of failure by Tenant in the payment of Basic Rent hereunder.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Ruckus Wireless Inc)
RIGHT OF LANDLORD TO PERFORM. Section 31.1. All terms, covenants and conditions of this Lease to be performed or observed by Tenant shall be performed or observed by Tenant at Tenant’s 's sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rentRent, required to be paid by it hereunder or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five (5) days after written notice thereof by LandlordLandlord or shall fail to perform any other term of covenant hereunder on its part to be performed, and such failure shall continue for thirty (30) days after written notice thereof by Landlord (or such longer grace period as shall be provided under Paragraph 24), Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall not be obligated obliged to, make any such payment or perform any such other term or covenant on Tenant’s 's part to be performed; and Landlord shall not be rendered liable to Tenant or any third party for the failure to do so, nor shall Tenant be relieved from any obligation to indemnify Landlord as otherwise provided elsewhere in this Lease. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the lesser rate of (i) ten percent (10%) the prime rate of interest per annum or (ii) as quoted by the maximum legal rate Bank of America from the date of such payment or performance by Landlord, shall be paid (and Tenant covenants to make such payment) to Landlord on within five (5) 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 nonpayment by Tenant as in the case of failure by Tenant in the payment of Basic Rent hereunder.
Appears in 2 contracts
Samples: Lease Agreement (Protein Design Labs Inc/De), Lease Agreement (Warp Technology Holdings Inc)
RIGHT OF LANDLORD TO PERFORM. Section 31.1. All terms, covenants and conditions of this Lease to be performed or observed by Tenant shall be performed or observed by Tenant at Tenant’s 's sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rent, required to be paid by it hereunder and such failure shall continue for five (5) days after written notice by Landlord, or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five thirty (530) days after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall not be obligated obliged to, make any such payment or perform any such other term or covenant on Tenant’s 's part to be performed; and Landlord shall not be rendered liable to Tenant or any third party for the failure to do so, nor shall Tenant be relieved from any obligation to indemnify Landlord as otherwise provided elsewhere in this Lease. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the lesser rate of (i) ten percent (10%) the prime rate of interest per annum or (ii) ad quoted by the maximum legal rate Bank of America from the date of such payment or on performance by Landlord, shall be paid (and Tenant covenants to make such payment) to Landlord on 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 nonpayment by Tenant as in the case of failure by Tenant in the payment of Basic Rent rent hereunder.
Appears in 2 contracts
Samples: Lease Agreement (PLX Technology Inc), Lease Agreement (PLX Technology Inc)
RIGHT OF LANDLORD TO PERFORM. Section 31.1. All terms, covenants and conditions of this the Lease to be performed or observed by Tenant shall be performed or observed by Tenant at Tenant’s 's sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rent, required to be paid by it hereunder or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five (5) days after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall not be obligated to, make any such payment or perform any such other term or covenant on Tenant’s 's part to be performed; and Landlord shall not be rendered liable to Tenant or any third party for the failure to do so, nor shall Tenant be relieved from any obligation to indemnify Landlord as otherwise provided elsewhere in this Lease. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the lesser rate of (i) ten percent (10%) per annum or (ii) the maximum legal rate from the date of such payment or performance by Landlordinterest specified in Paragraph 44 below, shall be paid (and Tenant covenants to make such paymentpayments) to Landlord on 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 nonpayment by Tenant as in the case of failure by Tenant in the payment of Basic Rent rent hereunder.
Appears in 1 contract
Samples: Lease Agreement (Details Inc)
RIGHT OF LANDLORD TO PERFORM. Section 31.1. All terms, covenants and conditions of this Lease to be performed or observed by Tenant shall be performed or observed by Tenant at Tenant’s 's sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rent, required to be paid by it hereunder and such failure shall continue for five (5) days after written notice by Landlord, or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five thirty (530) days after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall not be obligated to, make any such payment or perform any such other term or covenant on Tenant’s 's part to be performed; and Landlord shall not be rendered liable to Tenant or any third party for the failure to do so, nor shall Tenant be relieved from any obligation to indemnify Landlord as otherwise provided elsewhere in this Lease. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the lesser rate of (i) ten percent (10%) the prime rate of interest per annum or (ii) as quoted by the maximum legal rate Bank of America from the date of such payment or on performance by Landlord, shall be paid (and Tenant covenants to make such payment) to Landlord on 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 nonpayment by Tenant as in the case of failure by Tenant in the payment of Basic Rent rent hereunder.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. Section 31.1. All terms, covenants and conditions of this Lease lease to be performed or observed by Tenant shall be performed or observed by Tenant at Tenant’s sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rent, required to be paid by it hereunder and such failure shall continue for five (5) days after written notice by Landlord, or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five thirty (530) days after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall not be obligated obliged to, make any such payment or perform any such other term or covenant on Tenant’s part to be performed; and Landlord shall not be rendered liable to Tenant or any third party for the failure to do so, nor shall Tenant be relieved from any obligation to indemnify Landlord as otherwise provided elsewhere in this Lease. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the lesser rate of (i) ten percent (10%) the prime rate of interest per annum or (ii) as quoted by the maximum legal rate Bank of America from the date of such payment or on performance by Landlord, shall be paid (and Tenant covenants to make such payment) to Landlord on 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 nonpayment by Tenant as in the case of failure by Tenant in the payment of Basic Rent rent hereunder.
Appears in 1 contract
Samples: Lease Agreement (Activcard Corp)
RIGHT OF LANDLORD TO PERFORM. Section 31.1. All terms, covenants and conditions of this Lease agreements to be performed or observed by Tenant under this Lease shall be performed or observed by Tenant at Tenant’s sole cost and expense and without any reduction of rentexpense. If Tenant shall fail to pay any sum of money, or other rentthan Base Rent, required to be paid by it hereunder or shall fail to perform any other term or covenant hereunder act on its part to be performedperformed hereunder, and such failure shall continue in excess of the notice and cure period allowed under Section 19.01 (except that there shall be no notice and cure period with respect to emergencies, and for purposes of this Section 20.03, such notice and cure period shall be five (5) business days after written notice thereof with respect to failures by LandlordTenant to perform Tenant’s obligations with respect to compliance with Laws), Landlordthen, in addition to and without prejudice to any other right or remedy of Landlord (including, without waiving limitation, any right or releasing Tenant from any obligation of Tenant hereunderremedy provided under Article 9), Landlord may, but shall not be obligated to, make cure the same at the expense of Tenant (i) immediately and without notice in the case (a) of emergency, (b) where such default unreasonably interferes with any other tenant in the Project, or (c) where such payment default will result in the violation of Law or perform the cancellation of any insurance policy maintained by Landlord and (ii) in any other case if such other term or covenant on Tenant’s part to be performed; and Landlord shall not be rendered liable to default continues for ten (10) days from the receipt by Tenant or any third party for the failure to do so, nor shall Tenant be relieved of notice of such default from any obligation to indemnify Landlord as otherwise provided elsewhere in this LeaseLandlord. All Any sums so paid by Landlord and all necessary costs of such performance by Landlord incidental costs, together with interest thereon at the lesser of (i) ten percent (10%) per annum or (ii) the maximum legal rate Default Rate from the date of such payment or performance by Landlordpayment, shall be paid (and Tenant covenants to make such payment) payable to Landlord on as Additional Rent within ten (10) days following demand therefor 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 nonpayment by Tenant as in the case of failure default by Tenant in the payment of Basic Rent hereunderRent.
Appears in 1 contract
Samples: Lease Agreement (PagerDuty, Inc.)
RIGHT OF LANDLORD TO PERFORM. Section 31.1. All terms, covenants and conditions of this Lease to be performed or observed by Tenant shall be performed or observed by Tenant at Tenant’s 's sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rent, required acquired to be paid by it hereunder and such failure shall continue for five (5) days after written notice by Landlord, or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five to thirty (530) days after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall not be obligated to, make any such payment or perform any such other term or covenant on Tenant’s 's part to be performed; and Landlord shall not be rendered liable to Tenant or any third party for the failure to do so, nor shall Tenant be relieved from any obligation to indemnify Landlord as otherwise provided elsewhere in this Lease. All sums so paid by Landlord and all necessary costs consents of such performance by Landlord together with interest thereon at the lesser rate of (i) ten percent (10%) the prime rate of interest per annum or (ii) as quoted by the maximum legal rate Bank of America from the date of such payment or performance by Landlord, shall be paid (and Tenant covenants covenant to make such payment) to Landlord on 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 nonpayment by Tenant as in the case of failure by Tenant in the payment of Basic Rent rent hereunder.
Appears in 1 contract
Samples: Lease Agreement (Autoweb Com Inc)
RIGHT OF LANDLORD TO PERFORM. Section 31.1. All terms, covenants and conditions of this Lease to be performed or observed by the Tenant shall be performed or observed by the Tenant at Tenant’s sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other 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 term or covenant hereunder on its part to be performed, performed and such failure shall continue for five thirty (530) days after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall not be obligated obliged to, make any such payment or perform any such other term or covenant on Tenant’s part to be performed; and Landlord shall not be rendered liable to Tenant or any third party for the failure to do so, nor shall Tenant be relieved from any obligation to indemnify Landlord as otherwise provided elsewhere in this Lease. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the lesser rate of (i) ten percent (10%) the prime rate of interest per annum or (ii) as quoted by the maximum legal rate Bank of America from the date of such payment or on performance by Landlord, shall be paid (and Tenant covenants to make such payment) to Landlord on 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 nonpayment by Tenant as in the case of failure by Tenant in the payment of Basic Rent rent hereunder.
Appears in 1 contract
Samples: Lease Agreement (Maxtor Corp)
RIGHT OF LANDLORD TO PERFORM. Section 31.1. All terms, covenants and conditions of this ---------------------------- Lease to be performed or observed by Tenant shall be performed or observed by Tenant at Tenant’s 's sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other 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 term or covenant hereunder on its part to be performed, and such failure shall continue for five thirty (530) days after written notice thereof by Landlordlandlord, Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall not be obligated obliged to, make any such payment or perform any such other term or covenant on Tenant’s 's part to be performed; and Landlord shall not be rendered liable to Tenant or any third party for the failure to do so, nor shall Tenant be relieved from any obligation to indemnify Landlord as otherwise provided elsewhere in this Lease. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the lesser rate of (i) ten percent (10%) the prime rate of interest per annum or (ii) as quoted by the maximum legal rate Bank of America from the date of such payment or on performance by Landlord, shall be paid (and Tenant covenants to make such payment) to Landlord on 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 nonpayment by Tenant as in the case of failure by Tenant in the payment of Basic Rent rent hereunder.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. Section 31.1. All terms, covenants and conditions of this Lease to be performed or observed by Tenant shall be performed or observed by Tenant at Tenant’s 's sole Initial:________ Multi Tenant/Complex Page 19 of 27 BUILDING: Wesport 17 PROPERTY: 30-0017 UNIT: 4 LEASE ID: 0117-FVCC01-01 cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rentRent, required to be paid by it hereunder or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five (5) days after written notice thereof by LandlordLandlord or shall fail to perform any other term of covenant hereunder on its part to be performed, and such failure shall continue for thirty (30) days after written notice thereof by Landlord (or such longer grace period as shall be provided under Paragraph 24), Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall not be obligated obliged to, make any such payment or perform any such other term or covenant on Tenant’s 's part to be performed; and Landlord shall not be rendered liable to Tenant or any third party for the failure to do so, nor shall Tenant be relieved from any obligation to indemnify Landlord as otherwise provided elsewhere in this Lease. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the lesser rate of (i) ten percent (10%) the prime rate of interest per annum or (ii) as quoted by the maximum legal rate Bank of America from the date of such payment or performance by Landlord, shall be paid (and Tenant covenants to make such payment) to Landlord on within five (5) 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 nonpayment by Tenant as in the case of failure by Tenant in the payment of Basic Rent hereunder.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. Section 31.1. All terms, covenants and conditions of this Lease to be performed or observed by Tenant shall be performed or observed by Tenant at Tenant’s sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rentRent, 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 term or covenant hereunder on its part to be performed, and such failure shall continue for five thirty (530) days after written notice thereof by LandlordLandlord (or such longer grace period as provided under Paragraph 24), Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall not be obligated obliged to, make any such payment or perform any such other term or covenant on Tenant’s part to be performed; and Landlord shall not be rendered liable to Tenant or any third party for the failure to do so, nor shall Tenant be relieved from any obligation to indemnify Landlord as otherwise provided elsewhere in this Lease. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the lesser of Interest Rate (ias defined in Paragraph 20 (“Liens”) ten percent (10%above) per annum or (ii) the maximum legal rate from the date of such payment or performance by Landlord, shall be paid (and Tenant covenants to make such payment) to Landlord on within five (5) 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 nonpayment by Tenant as in the case of failure by Tenant in the payment of Basic Rent hereunder.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. Section 31.1. All terms, covenants and conditions of this Lease lease to be performed or observed by Tenant shall be performed or observed by Tenant at Tenant’s 's sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rent, required to be paid by it hereunder and such failure shall continue for five (5) days after written notice by Landlord, or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five thirty (530) days after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall not be obligated to, make any such payment or perform any such other term or covenant on Tenant’s 's part to be performed; and Landlord shall not be rendered liable to Tenant or any third party for the failure to do so, nor shall Tenant be relieved from any obligation to indemnify Landlord as otherwise provided elsewhere in this Lease. All sums so paid by Landlord landlord and all necessary costs of such performance by Landlord landlord together with interest thereon at the lesser rate of (i) ten percent (10%) the prime rate of interest per annum or (ii) as quoted by the maximum legal rate Bank of America from the date of such payment or performance by Landlordlandlord, shall be paid (and Tenant covenants to make such payment) to Landlord on demand by Landlordlandlord, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of nonpayment by Tenant as in the case of failure by Tenant in the payment of Basic Rent rent hereunder.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. Section 31.1. TENANT'S COVENANTS ----------------------------------------------- All terms, covenants and conditions agreements to be performed by Tenant under any of the terms of this Lease to be performed or observed by Tenant shall be performed or observed by Tenant at Tenant’s 's sole cost and expense and without any reduction abatement of rentRent. If Tenant shall fail to pay any sum of money, or other rentthan Base Rent, required to be paid by it Tenant hereunder or shall fail to perform any other term or covenant hereunder act on its Tenant's part to be performedperformed hereunder, including Tenant's obligations under Paragraph 11 hereof and such failure shall continue for five fifteen (515) days after written notice thereof by Landlord, in addition to the other rights and remedies of Landlord, Landlord may make any such payment and perform any such act on Tenant's part. In the case of an emergency, no prior notification by Landlord shall be required. Landlord may take such actions without waiving or any obligation and without releasing Tenant from any of Tenant's obligations. All sums so paid by Landlord may take such actions without any obligation of and without releasing Tenant hereunder, may, but shall not be obligated to, make any such payment or perform any such other term or covenant on Tenant’s part to be performed; and Landlord shall not be rendered liable to Tenant or any third party for the failure to do so, nor shall Tenant be relieved from any obligation to indemnify Landlord as otherwise provided elsewhere in this Leaseof Tenant's obligations. All sums so paid by Landlord and all necessary incidental costs of such performance incurred by Landlord together with and interest thereon at the lesser of (i) ten percent (10%) per annum or (ii) the maximum legal rate Applicable Interest Rate, from the date of such payment or performance by Landlord, shall be paid (and Tenant covenants to make such payment) to Landlord on 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 nonpayment by Tenant as in the case of failure by Tenant in the payment of Basic Rent hereunderAdditional Rent.
Appears in 1 contract
Samples: Lease Agreement (Integrated Packaging Assembly Corp)
RIGHT OF LANDLORD TO PERFORM. Section 31.1. All Except as otherwise expressly set forth in this Lease, all terms, covenants and conditions of this Lease to be performed or observed by Tenant shall be performed or observed by Tenant at Tenant’s sole cost and expense and without any reduction of rentRent. If Tenant shall fail to pay any sum of money, or other rentRent, required to be paid by it hereunder and such failure shall continue for ten (10) days after Written Notice thereof by Landlord or shall fail to perform any other term or Single Tenant/Single Parcel Initial: [***] covenant hereunder on its part to be performed, and such failure shall continue for five thirty (530) days after written notice Written Notice thereof by LandlordLandlord (or such longer grace period as provided under Paragraph 22 (Bankruptcy and Default)), Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall not be obligated obliged to, make any such payment or perform any such other term or covenant on Tenant’s part to be performed; and Landlord shall not be rendered liable to Tenant or any third party for the failure to do so, nor shall Tenant be relieved from any obligation to indemnify Landlord as otherwise provided elsewhere in this Lease. All sums so paid by Landlord Xxxxxxxx and all necessary reasonable costs of such performance by Landlord together with interest thereon at the lesser of Interest Rate (ias defined in Paragraph 18 (Liens) ten percent (10%above) per annum or (ii) the maximum legal rate from the date of such payment or performance by Landlord, shall be paid (and Tenant covenants to make such payment) to Landlord on within thirty (30) days after written demand (including an invoice therefor) 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 nonpayment by Tenant Xxxxxx as in the case of failure by Tenant Xxxxxx in the payment of Basic Rent hereunder.
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. Section 31.1. All terms, covenants and conditions of this Lease to be performed or observed by Tenant shall be performed or observed by Tenant at Tenant’s sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rentRent, 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 term or covenant hereunder on its part to be performed, and such failure shall continue for five thirty (530) days after written notice thereof by LandlordLandlord (or such longer grace period as provided under Paragraph 24), Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall not be obligated obliged to, make any such payment or perform any such other term or covenant on Tenant’s part to be performed; and Landlord shall not be rendered liable to Tenant or any third party for the failure to do so, nor shall Tenant be relieved from any obligation to indemnify Landlord as otherwise provided elsewhere in this Lease. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the lesser rate of (i) ten percent (10%) the prime rate of interest per annum or (ii) as quoted by the maximum legal rate Bank of America from the date of such payment or performance by Landlord, shall be paid (and Tenant covenants to make such payment) to Landlord on within five (5) 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 nonpayment by Tenant as in the case of failure by Tenant in the payment of Basic Rent hereunder.
Appears in 1 contract
Samples: Lease Agreement (Sonics, Inc.)
RIGHT OF LANDLORD TO PERFORM. Section 31.1. All terms, covenants and conditions of this Lease to be performed or observed by Tenant shall be performed or observed by Tenant at Tenant’s sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rent, required to be paid by it hereunder and such failure shall continue for five (5) days after written notice by Landlord, or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five thirty (530) days after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall not be obligated to, make any such payment or perform any such other term or covenant on Tenant’s part to be performed; and Landlord shall not be rendered liable to Tenant or any third party for the failure to do so, nor shall Tenant be relieved from any obligation to indemnify Landlord as otherwise provided elsewhere in this Lease. All sums so paid by Landlord and all necessary costs of such performance performances by Landlord together with interest thereon at the lesser rate of (i) ten percent (10%) the prime rate of interest per annum or (ii) as quoted by the maximum legal rate Bank of America from the date of such payment or performance by Landlord, shall be paid (and Tenant covenants to make such payment) to Landlord on 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 nonpayment by Tenant as in the case of failure by Tenant in the payment of Basic Rent rent hereunder.
Appears in 1 contract
Samples: Lease Agreement (Shutterfly Inc)
RIGHT OF LANDLORD TO PERFORM. Section 31.1. All terms, covenants and conditions of ---------------------------- this Lease to be performed or observed by Tenant shall be performed or observed by Tenant at Tenant’s 's sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rentRent, required to be paid by it hereunder or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five (5) days after written notice thereof by LandlordLandlord or shall fail to perform any other term of covenant hereunder on its part to be performed, and such failure shall continue for thirty (30) days after written notice thereof by Landlord (or such longer grace period as shall be provided under Paragraph 24), Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall not be obligated obliged to, make any such payment or perform any such other term or covenant on Tenant’s 's part to be performed; and Landlord shall not be rendered liable to Tenant or any third party for the failure to do so, nor shall Tenant be relieved from any obligation to indemnify Landlord as otherwise provided elsewhere in this Lease. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the lesser rate of (i) ten percent (10%) the prime rate of interest per annum or (ii) as quoted by the maximum legal rate Bank of America from the date of such payment or performance by Landlord, shall be paid (and Tenant covenants to make such payment) to Landlord on within five (5) 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 nonpayment by Tenant as in the case of failure by Tenant in the payment of Basic Rent hereunder.
Appears in 1 contract
Samples: Lease Agreement (Opti Inc)
RIGHT OF LANDLORD TO PERFORM. Section 31.1. All Except as otherwise set forth in this Lease, all terms, covenants and conditions of this Lease to be performed or observed by Tenant shall be performed or observed by Tenant at Tenant’s 's sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rent, required to be paid by it hereunder and such failure shall continue for ten (10) days after written notice by Landlord, or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five thirty (530) days after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall not be obligated obliged to, make any such payment or perform any such other term or covenant on Tenant’s 's part to be performed; and Landlord shall not be rendered liable to Tenant or any third party for the failure to do so, nor shall Tenant be relieved from any obligation to indemnify Landlord as otherwise provided elsewhere in this Lease. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the lesser rate of (i) ten percent (10%) the prime rate of interest per annum or (ii) as quoted by the maximum legal rate Bank of America from the date of such payment or on performance by Landlord, shall be paid (and Tenant covenants to make such payment) to Landlord on 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 nonpayment by Tenant as in the case of failure by Tenant in the payment of Basic Rent rent hereunder.
Appears in 1 contract
Samples: Lease Agreement (Ilog Sa)
RIGHT OF LANDLORD TO PERFORM. Section 31.1. All terms, covenants and conditions of this Lease to be performed or observed by Tenant shall be performed or observed by Tenant at Tenant’s sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rent, required to be paid by it hereunder and such failure shall continue for five (5) days after written notice by Landlord, or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five thirty (530) days after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall not be obligated obliged to, make any such payment or perform any such other term or covenant on Tenant’s part to be performed; and Landlord shall not be rendered liable to Tenant or any third party for the failure to do so, nor shall Tenant be relieved from any obligation to indemnify Landlord as otherwise provided elsewhere in this Lease. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the lesser rate of (i) ten percent (10%) the prime rate of interest per annum or (ii) as quoted by the maximum legal rate Bank of America from the date of such payment or performance by Landlord, shall be paid (and Tenant covenants to make such payment) to Landlord on within five (5) 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 nonpayment by Tenant as in the case of failure by Tenant in the payment of Basic Rent rent hereunder.
Appears in 1 contract
Samples: Master Lease Agreement (Protein Design Labs Inc/De)
RIGHT OF LANDLORD TO PERFORM. Section 31.1. All terms, covenants and conditions of this Lease to be performed or observed by Tenant shall be performed or observed by Tenant at Tenant’s 's sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rent, required to be paid by it hereunder and such failure shall continue for five (5) days after written notice by Landlord, or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five thirty (530) days after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall not be obligated obliged to, make any such payment or perform any such other term or covenant on Tenant’s 's part to be performed; and Landlord shall not be rendered liable to Tenant or any third party for the failure to do so, nor shall Tenant be relieved from any obligation to indemnify Landlord as otherwise provided elsewhere in this Lease. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the lesser rate of (i) ten percent (10%) the prime rate of interest per annum or (ii) as quoted by the maximum legal rate Bank of America from the date of such payment or performance by Landlord, shall be paid (and Tenant covenants to make such payment) to Landlord on within five (5) 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 nonpayment by Tenant as in the case of failure by Tenant in the payment of Basic Rent rent hereunder.
Appears in 1 contract
Samples: Lease Agreement (Abgenix Inc)
RIGHT OF LANDLORD TO PERFORM. Section 31.1. All terms, covenants and conditions of this Lease to be performed or observed by Tenant shall be performed or observed by Tenant at Tenant’s sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rentRent, 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 term or covenant hereunder on its part to be performed, and such failure shall continue for five thirty (530) days after written notice thereof by LandlordLandlord (or such longer grace period as provided under Paragraph 24), Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall not be obligated obliged to, make any such payment or perform any such other term or covenant on Tenant’s part to be performed; and Landlord shall not be rendered liable to Tenant or any third party for the failure to do so, nor shall Tenant be relieved from any obligation to indemnify Landlord as otherwise provided elsewhere in this Lease. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the lesser of Interest Rate (ias defined in Paragraph 20 (Liens) ten percent (10%above) per annum or (ii) the maximum legal rate from the date of such payment or performance by Landlord, shall be paid (and Tenant covenants to make such payment) to Landlord on within five (5) days after demand by Landlord, and Landlord shall have (in addition to any other right or remedy Multi Tenant/Single Parcel Page 29 of Landlord) the same rights and remedies in the event of nonpayment by Tenant as in the case of failure by Tenant in the payment of Basic Rent hereunder.43 BUILDING: Ardenwood I-4 PROPERTY: 1-0514
Appears in 1 contract
RIGHT OF LANDLORD TO PERFORM. Section 31.1. All terms, covenants and conditions of this Lease to be performed or observed by Tenant shall be performed or observed by Tenant at Tenant’s 's sole cost and expense and without any reduction of rentRent. If Tenant shall fail to pay any sum of money, or other rentRent, required to be paid by it hereunder or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five (5) business days after written notice thereof by of Landlord's intent to perform such term of condition, Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall not be obligated to, make any such payment or perform any such other term or covenant on Tenant’s 's part to be performed; and Landlord shall not be rendered liable to Tenant or any third party for the failure to do so, nor shall Tenant be relieved from any obligation to indemnify Landlord as otherwise provided elsewhere in this Lease. All 118 sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the lesser of (i) ten percent (10%) per annum or (ii) the maximum legal rate Interest Rate from the date of such payment or performance by Landlord, shall be paid (and by Tenant covenants to make such payment) to Landlord on 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 nonpayment by Tenant as in the case of failure by Tenant in the payment of Basic Rent hereunder.
Appears in 1 contract
Samples: Lease Agreement (Emcon)
RIGHT OF LANDLORD TO PERFORM. Section 31.1. All terms, covenants and conditions of this Lease to be performed or observed by Tenant shall be performed or observed by Tenant at Tenant’s sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rentRent, 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 term or covenant hereunder on its part to be performed, and such failure shall continue for five thirty (530) days after written notice thereof by LandlordLandlord (or such longer grace period as provided under Paragraph 24), Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall not be obligated obliged to, make any such payment or perform any such other term or covenant on Tenant’s part to be performed; and Landlord shall not be rendered liable to Tenant or any third party for the failure to do so, nor shall Tenant be relieved from any obligation to indemnify Landlord as otherwise provided elsewhere in this Lease. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the lesser of Interest Rate (ias defined in Paragraph 20 (Liens) ten percent (10%above) per annum or (ii) the maximum legal rate from the date of such payment or performance by Landlord, shall be paid (and Tenant covenants to make such payment) to Landlord on within five (5) 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 nonpayment by Tenant as in the case of failure by Tenant in the payment of Basic Rent hereunder.
Appears in 1 contract