Common use of Right of University to Perform Clause in Contracts

Right of University to Perform. 27.1 All covenants and agreements to be kept or performed by Licensee under any of the terms of this Agreement shall be performed by Licensee at Licensee’s sole cost and expense. 27.2 If Licensee shall fail to perform any of its obligations under this Agreement, and such failure should continue to ten (10) days after written notice thereof by University, then without waiving any default of Licensee or releasing Licensee from any obligations of Licensee hereunder, University may make, but shall not be obliged to make, any such payment or perform any such other act on Licensee’s part to be made or performed hereunder. All sums so paid by University and all necessary incidental costs together with interest thereon at the maximum rate allowable by law from the date of such payment by University shall be deemed Additional Fees and should be paid by Licensee to University immediately upon demand, and University shall have, in addition to any other right or remedy of University under this Agreement, the same rights and remedies in the event of nonpayment thereof by Licensee as in the case of default by Licensee in the payment of the License Fee.

Appears in 3 contracts

Samples: License Agreement, License Agreement, License Agreement

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Right of University to Perform. 27.1 29.1 All covenants and agreements to be kept or performed by Licensee under any of the terms of this Agreement shall be performed by Licensee at Licensee’s sole cost and expense. 27.2 29.2 If Licensee shall fail to perform any of other act in its obligations under this Agreementpart to be performed hereunder, and such failure should continue to ten (10) days after written notice thereof by University, then without waiving any default of Licensee or releasing Licensee from any obligations of Licensee hereunder, University may make, but shall not be obliged to make, any such payment or perform any such other act on Licensee’s part to be made or performed hereunder. All sums so paid by University and all necessary incidental costs together with interest thereon at the maximum rate allowable by law from the date of such payment by University shall be deemed Additional Fees and should be paid by Licensee to University immediately upon demand, and University shall have, in addition to any other right or remedy of University under this Agreement, the same rights and remedies in the event of nonpayment thereof by Licensee as in the case of default by Licensee in the payment of the License Fee.

Appears in 1 contract

Samples: License Agreement

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Right of University to Perform. 27.1 29.1 All covenants and agreements to be kept or performed by Licensee under any of the terms of this Agreement shall be performed by Licensee at Licensee’s sole cost and expense. 27.2 29.2 If Licensee shall fail to perform any of its obligations under this Agreement, and such failure should continue to ten (10) days after written notice thereof by University, then without waiving any default of Licensee or releasing Licensee from any obligations of Licensee hereunder, University may make, but shall not be obliged to make, any such payment or perform any such other act on Licensee’s part to be made or performed hereunder. All sums so paid by University and all necessary incidental costs together with interest thereon at the maximum rate allowable by law from the date of such payment by University shall be deemed Additional Fees and should be paid by Licensee to University immediately upon demand, and University shall have, in addition to any other right or remedy of University under this Agreement, the same rights and remedies in the event of nonpayment thereof by Licensee as in the case of default by Licensee in the payment of the License Fee.

Appears in 1 contract

Samples: License Agreement

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