Common use of Right to Perform Clause in Contracts

Right to Perform. If Tenant shall fail to pay any sum of money 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 for ten (10) days after notice thereof by Landlord, Landlord may, but shall not be obligated so to do, and without waiving or releasing Tenant from any obligations of Tenant, make such payment or perform any such other act on Tenant's part to be made or performed as provided in this Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this Section 29 as in the case of default by Tenant in the payment of Rent.

Appears in 4 contracts

Samples: Office Lease Agreement (Bsquare Corp /Wa), Office Lease Agreement (Tut Systems Inc), Lease Agreement (Bsquare Corp /Wa)

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Right to Perform. If Tenant shall fail fails to pay any sum of money required to be paid by it hereunder under this Lease or shall fail fails to perform any other act on its part to be performed hereunderunder this Lease, and such failure shall continue continues for ten (10) days after notice thereof by Landlord, Landlord may, but shall not be obligated so to do, and without waiving or releasing Tenant from any obligations of Tenant, make such payment or perform any such other act on Tenant's part to be made or performed as provided in this Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this Section 29 28 as in the case of default by Tenant in the payment of Rent.

Appears in 3 contracts

Samples: Office Lease Agreement (Exodus Communications Inc), Office Lease Agreement (Dwango North America Corp), Office Lease Agreement (Pac-West Telecomm Inc)

Right to Perform. If Tenant shall fail to pay any sum of money money, other than Rent and Additional 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 for ten (10) days after written notice thereof by Landlord, Landlord may, but shall not be obligated so 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 provided in this Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies -remedies in the event of the nonpayment non-payment of sums due under this Section 29 as in the case of default by Tenant in the payment of Rent.

Appears in 2 contracts

Samples: Sub Sublease (Maxxis Group Inc), Sublease (Maxxis Group Inc)

Right to Perform. If Tenant shall fail to pay any sum of money money, other than Rent, required to be paid by it Tenant hereunder or shall fail to perform any other act on its Tenant's part to be performed hereunder, and such failure shall continue for ten (10) business days after notice thereof by Landlord, Landlord may, but shall not be obligated so 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 provided in this Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this Section 29 as in the case of default by Tenant in the payment of Rent.

Appears in 2 contracts

Samples: Lease Agreement (Software Spectrum Inc), Asset Purchase Agreement (Egghead Inc /Wa/)

Right to Perform. If Tenant shall fail to pay any sum of money money, other than Rent and Additional 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 for ten (10) days after notice thereof by Landlord, Landlord may, but shall not be obligated so 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 provided in this Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this Section 29 as in the case of default by Tenant in the payment of Rent.

Appears in 2 contracts

Samples: Office Lease (Smartsheet Inc), Office Lease (Smartsheet Inc)

Right to Perform. If Tenant shall fail to pay any sum of money 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 for ten (10) days after notice thereof by Landlord, Landlord may, but shall not be obligated so to do, and without waiving or releasing Tenant from any obligations of Tenant, make such payment or perform any such other act on Tenant's part to be made or performed as provided in this Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this Section 29 33 as in the case of default by Tenant in the payment of Rent.

Appears in 1 contract

Samples: Lease Agreement (Aptimus Inc)

Right to Perform. If Tenant shall fail to pay any sum of money the 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 for ten (10) days after notice thereof by Landlord, . Landlord may, but shall not be obligated so 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 provided in this Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the this event of the nonpayment non-payment of sums due under this Section 29 as in the case of default by Tenant in the payment of Rentrent.

Appears in 1 contract

Samples: Lease Agreement (Veritas Software Corp)

Right to Perform. If Tenant shall fail to pay any sum of money required to be paid by it hereunder or of shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue for ten (10) days after notice thereof by Landlord, Landlord may, but shall not be obligated so to do, and without waiving or releasing Tenant from any obligations of Tenant, make such payment or perform any such other act on Tenant's part to be made or performed as provided in this Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this Section 29 33 as in the case of default by Tenant in the payment of Rent.

Appears in 1 contract

Samples: Lease Agreement (Infoseek Corp /De/)

Right to Perform. If Tenant shall fail to pay any sum of money money, other than Rent and Additional 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 for ten (10) 10 days after notice thereof by Landlord, Landlord may, but shall not be obligated so 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 provided in this Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this Section 29 as in the case of default by Tenant in the payment of Rent.

Appears in 1 contract

Samples: Lease Agreement (Ragen Mackenzie Group Inc)

Right to Perform. If Tenant shall fail to pay any sum of money 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 for ten (10) days after notice thereof by Landlord, Landlord may, but shall not be obligated so to do, and without waiving or releasing Tenant from any obligations of Tenant, make such payment or perform any such other act on Tenant's part to be made or performed as provided in this Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this Section 29 as in the case of default by Tenant in the payment of Rent.

Appears in 1 contract

Samples: Office Lease Agreement (Drugstore Com Inc)

Right to Perform. If Tenant shall fail to pay any sum of money 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 for ten (10) days after notice thereof by Landlord, Landlord may, but shall not be obligated so 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 provided in this Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this Section 29 as in the case of default by Tenant in the payment of Rentrent.

Appears in 1 contract

Samples: Stock Purchase Agreement (Heartland Express Inc)

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Right to Perform. If Tenant shall fail to pay any sum of money required to be paid by it hereunder or shall fail to perform any other act on its ----------------- part to be performed hereunderunder this Lease, and such failure shall continue for ten (10) calendar days after notice thereof of such failure by Landlord, or such shorter time if reasonable under the circumstances, Landlord may, but shall not be obligated so to doto, and without waiving or releasing Tenant from any obligations of Tenant, make such payment or perform any such other act on Tenant's part to be made or performed as provided in this Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this Section 29 paragraph as in the case of default by Tenant in the payment of Base Rent.

Appears in 1 contract

Samples: Office Lease (Onepoint Communications Corp /De)

Right to Perform. If Tenant shall fail to pay any sum of money 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 for ten (10) days after notice thereof by Landlord, Landlord may, but shall not be obligated so to do, and without waiving or releasing Tenant from any obligations of Tenant, make such payment or perform any such other act on Tenant's ’s part to be made or performed as provided in this Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this Section 29 35 as in the case of default by Tenant in the payment of Rent.

Appears in 1 contract

Samples: Lease Agreement (Blue Nile Inc)

Right to Perform. If Tenant shall fail to pay any sum of money money, other than Rent and Additional 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 for ten (10) days after notice thereof by Landlord, Landlord may, but shall not be obligated so 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 provided in this Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this Section 29 as in the case of default by Tenant in the payment of Rent.

Appears in 1 contract

Samples: Office Lease (Smartsheet Inc)

Right to Perform. If Tenant shall fail to pay any sum of money money, other than Basic Rent and additional 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 for ten (10) days after notice thereof by Landlord, Landlord may, but shall not be obligated so 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 provided in this Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this Section 29 as in the case of default by Tenant in the payment of Rentrent.

Appears in 1 contract

Samples: Office Building Lease (Coinstar Inc)

Right to Perform. If Tenant shall fail to pay any sum of money required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunderunder this Lease, and such failure shall continue for ten thirty (1030) calendar days after notice thereof of such failure by Landlord, or such shorter time if reasonable under the circumstances, Landlord may, but shall not be obligated so to doto, and without waiving or releasing Tenant from any obligations of Tenant, make such payment or perform any such other act on Tenant's part to be made or performed as provided in this Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this Section 29 paragraph as in the case of default by Tenant in the payment of Base Rent.

Appears in 1 contract

Samples: Office Lease (Eloyalty Corp)

Right to Perform. If Tenant shall fail to pay any sum of money money, other than Rent and Additional 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 for ten (10) days after notice thereof by Landlord, Landlord may, but shall not be obligated so to do, and an 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 provided in this Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this Section 29 as in the case of default by Tenant in the payment of Rent.

Appears in 1 contract

Samples: Office Lease (Smartsheet Inc)

Right to Perform. If Tenant shall fail fall to pay any sum of money money, other than Rent, required to be paid by it Tenant hereunder or shall fail to perform any other act on its Tenant's part to be performed hereunder, and such failure shall continue for ten (10) business days after notice thereof by Landlord, Landlord may, but shall not be obligated so 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 provided in this Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this Section 29 as in the case of default by Tenant in the payment of Rent.

Appears in 1 contract

Samples: Lease Agreement (Software Spectrum Inc)

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