Common use of RIGHT OF LANDLORD TO PERFORM Clause in Contracts

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 the time and in the manner hereinafter set forth, at Tenant's sole cost and expense and without any abatement of Rent. It is understood by the parties hereto that time is of the essence with respect to Tenant's obligations under 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, Landlord may, but shall not be obligated 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 provided in this Lease. All sums so paid by Landlord and all necessary incidental costs, together with penalties and per annum interest thereon equal to two (2) points above the prime rate charged by Landlord from time to time, shall be payable to Landlord on demand, and Tenant covenants to pay any such sums, and, in addition to any other right or remedy of Landlord, Landlord shall have the same rights and remedies in the event of nonpayment thereof by Tenant as in the case of default by Tenant in the payment of rent.

Appears in 1 contract

Samples: Lease Agreement (Autotote Corp)

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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 the time and in the manner hereinafter set forth, at Tenant's ’s sole cost and expense and without any abatement of Rent. It is understood by If the parties hereto that time is of the essence with respect to Tenant's obligations under this Lease. 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 past the time periods proscribed in Section 19(a) herein, the Landlord may, but shall not be obligated so to do sodo, 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 provided in this LeaseLease provided. All sums so paid by the Landlord and all necessary incidental costs, together with penalties and per annum interest thereon equal to two (2) points above at the prime rate charged Agreed Interest Rate as defined in Paragraph 8 hereof from the date of such payments by Landlord from time to timethe Landlord, shall be payable as Additional Rent to the Landlord on demandwithin ten (10) days of demand therefor, and the Tenant covenants to pay any such sums, andand the Landlord shall have, in addition to any other right or remedy of the Landlord, Landlord shall have the same rights and remedies in the event of nonpayment thereof by the Tenant as in the case of default by the Tenant in the payment of rentthe Rent.

Appears in 1 contract

Samples: Office Lease Agreement (Neenah Paper 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 the Tenant at the time and in the manner hereinafter set forth, at Tenant's sole cost and expense and without any abatement of Rent. It is understood by the parties hereto that time is of the essence with respect to Tenant's obligations under this Leaserent. If the Tenant shall fail fails to pay any sum of money, other than Rentrent, 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 continues for ten (10) days after notice by the Landlord, the Landlord may, but shall not be obligated to do so, and without waiving or releasing Tenant from any obligations of Tenantobligated, make any such payment or perform any such other act on the Tenant's part to be made or performed as provided in the Lease provided. Tenant's obligations shall not be waived by Landlord's exercise of this Leaseoption. All sums so paid by the Landlord and all necessary incidental costs, costs together with penalties and per annum interest thereon equal to two at the rate of one and one-half percent (21-1/2%) points above per month from the prime rate charged date of payment by the Landlord from time to time, shall be payable to the Landlord on demand, demand and the Tenant covenants to pay any such sums, and, and the Landlord shall have (in addition additional to any other right or remedy of the Landlord, Landlord shall have ) 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: Lease (Nationwide Companies Inc)

RIGHT OF LANDLORD TO PERFORM. All terms, covenants and agreements to be ---------------------------- performed by Tenant under any of the terms conditions of this Lease to be performed or observed by Tenant shall be performed or observed by Tenant at the time and in the manner hereinafter set forth, at Tenant's sole cost and expense and without any abatement reduction of Rent. It is understood by the parties hereto that time is of the essence with respect to Tenant's obligations under this Leaserent. If Tenant shall fail to pay any sum of money, or other than Rentrent, required to be paid by it hereunder, hereunder or shall fail to perform any other act term or covenant hereunder on its part to be performed hereunder, Landlord may, but shall not be obligated to do soperformed, and such failure shall continue for five (5) days after written notice thereof by Landlord, Landlord, 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 covenants on Tenant's part to be made or performed as provided in this Leaseperformed. All sums so to be paid by Landlord and all necessary incidental costs, costs of such performance by Landlord together with penalties and per annum interest thereon equal to two (2) points above at the rate of the prime rate charged of interest per annum as quoted by Landlord the Bank of America from time to timethe date of such payment on performance by Landlord, shall be payable to Landlord on demand, paid (and Tenant covenants to pay any make such sumspayment) to Landlord on demand by Landlord, and, and Landlord shall have (in addition to any other right or remedy of Landlord, Landlord shall have ) the same rights and remedies in the event of nonpayment thereof by Tenant as in the case of default failure by Tenant in the payment of rentrent hereunder.

Appears in 1 contract

Samples: Lease Agreement (Scios 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 the time and in the manner hereinafter set forth, at Tenant's sole cost and expense and without any abatement of Rent. It is understood by the parties hereto that time is of the essence with respect to Tenant's obligations under this Leaserent. If the Tenant shall fail to pay any sum of moneymoney or incur any expense, other than Rentrent, required to be paid by it Tenant hereunder, whether or not such failure constitutes a breach of this Lease, and such failure shall fail to perform any other act on its part to be performed hereundercontinue for twenty (20) days after notice thereof by the Landlord, then Landlord may, but shall not be obligated to 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 provided in this LeaseLease required to be adopted by Tenant. All sums so paid by the Landlord and all as necessary incidental costs, costs together with penalties and per annum interest thereon equal to two at the rate of one and one-half percent (21 1/2%) points above per month, which is eighteen percent (18%) per annum, from the prime rate charged date of such payment by Landlord from time to timethe Landlord, shall be payable as additional rent to the Landlord on demand, and the Tenant covenants to pay any such sums, andsums and the Landlord shall have, in addition to any other right or remedy of the Landlord, Landlord shall have the same rights and remedies in the event of nonpayment thereof by the Tenant as in the case of default by the Tenant in the payment of rent.

Appears in 1 contract

Samples: Landlord's Consent to Second Sublease (Witness Systems Inc)

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RIGHT OF LANDLORD TO PERFORM. All terms, covenants and agreements to be ---------------------------- performed by Tenant under any of the terms conditions of this Lease to be performed or observed by Tenant shall be performed or observed by Tenant at the time and in the manner hereinafter set forth, at Tenant's sole cost and expense and without any abatement reduction of Rent. It is understood by the parties hereto that time is of the essence with respect to Tenant's obligations under this Leaserent. If Tenant shall fail fall to pay any sum of money, or other than Rentrent, required to be paid by it hereunder, It hereunder or shall fail to perform any other act term or covenant hereunder on its part to be performed hereunder, Landlord may, but shall not be obligated to do soperformed, and such failure shall continue for his (6) days after written notice thereof by Landlord, Landlord, 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 provided in this Leaseperformed. All sums so paid by Landlord Xxxxxxxx and all necessary incidental costs, costs of such performance by Landlord together with penalties and per annum interest Interest thereon equal to two (2) points above at the rate of the prime rate charged of interest per annum as quoted by Landlord the Bank of America from time to timethe date of such payment on performance by Landlord, shall be payable to Landlord on demand, paid (and Tenant covenants to pay any make such sumspayment) to Landlord on demand by Landlord, and, in and Landlord shall have (In addition to any other right or remedy of Landlord, Landlord shall have ) the same rights and remedies in the event of nonpayment thereof by Tenant as in In the case of default failure by Tenant in Xxxxxx In the payment of rentrent hereunder.

Appears in 1 contract

Samples: Lease Agreement (Oni Systems 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 the time and in the manner hereinafter set forth, at Tenant's sole cost and expense and without any abatement of Rent. It is understood by the parties hereto that time is rent or setoff of the essence with respect any other amount due from Tenant to Tenant's obligations under this LeaseLandlord. 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 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 be required), Landlord may, but shall not be obligated to do soso obligated, 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 provided in this LeaseLease provided. All sums so paid by Landlord and all necessary incidental costs, costs together with penalties and per annum interest thereon equal to two (2) points above at the prime rate charged by Landlord set forth in Section 4 from time to timetime during such period from the date of such payment by Landlord, shall be payable to Landlord promptly on demand, and . Tenant covenants to pay any all such sums, andsums and Landlord shall have, in addition to t any other right or remedy of Landlord, Landlord shall have the same rights and remedies in the event of nonpayment the non-payment thereof by Tenant as in the case of default by Tenant in the payment of rent.

Appears in 1 contract

Samples: Office Lease (Tsi International Software LTD)

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 the time and in the manner hereinafter set forth, at Tenant's sole cost and expense and without any abatement of Rent. It is understood by the parties hereto that time is of the essence with respect to Tenant's obligations under this Leaserent. If the Tenant shall fail to pay any sum of moneymoney or incur any expense, other than Rentrent, required to be paid by it Tenant hereunder, whether or not such failure constitutes a breach of this Lease, and such failure shall fail to perform any other act on its part to be performed hereundercontinue for twenty (20) days after notice thereof by the Landlord, then Landlord may, but shall not be obligated to 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 provided in this LeaseLease required to be adopted by Tenant. All sums so paid by the Landlord and all as necessary incidental costs, costs together with penalties and per annum interest thereon equal to two at the rate of one and one-half percent (21 1/2%) points above per month, which is eighteen percent (18%) per annum, from the prime rate charged date of such payment by Landlord from time to timethe Landlord, shall be payable as additional rent to the Landlord on demand, and the Tenant covenants to pay any such sums, andand the Landlord shall have, in addition to any other right or remedy of the Landlord, Landlord shall have the same rights and remedies in the event of nonpayment thereof by the Tenant as in the case of default by the Tenant in the payment of rent.

Appears in 1 contract

Samples: Landlord's Consent to Second Sublease (Witness Systems Inc)

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