Common use of LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS Clause in Contracts

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. If Tenant shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord may, but shall not be obligated to, make the payment or perform any other act to the extent Landlord may deem desirable and, in connection therewith, pay expenses and employ counsel. Any payment or performance by Landlord shall not waive or release Tenant from any obligations of Tenant under this Lease. All sums so paid by Landlord, and all penalties, interest and costs in connection therewith, shall be due and payable by Tenant on the next day after any payment by Landlord, together with interest thereon at the Interest Rate, from that date to the date of payment thereof by Tenant to Landlord, plus collection costs and attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of default in the payment of Rent.

Appears in 3 contracts

Samples: Lease Agreement (Pacific State Bancorp), Northern Empire Bancshares, Marvell Technology Group LTD

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LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. If Tenant shall at any time fail fails to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord may, but shall not be obligated toto and without waiving or releasing Tenant from any obligation of Tenant under this Lease, make the such payment or perform any such other act to the extent Landlord may deem desirable anddesirable, and in connection therewith, pay expenses and employ counsel. Any payment or performance by Landlord shall not waive or release Tenant from any obligations of Tenant under this Lease. All sums so paid by Landlord, Landlord and all penalties, interest and costs in connection therewith, therewith shall be due and payable by Tenant on the next day after any payment upon receipt of written demand by Landlord, together with interest thereon at the Interest Rate, Rate from that the date Tenant receives Landlord's written demand to the date of payment thereof by Tenant to Landlord, plus collection costs and attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of default in the payment of Rent.

Appears in 3 contracts

Samples: Media Arts Group Inc, Media Arts Group Inc, Media Arts Group Inc

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. If Tenant shall at any time fail fails to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord after fifteen (15) days’ written notice may, but shall not be obligated to, and without waiving or releasing Tenant from any obligation of Tenant under this Lease, make the such payment or perform any such other act to the extent Landlord may deem desirable anddesirable, and in connection therewith, pay expenses and employ counsel. Any payment or performance by Landlord shall not waive or release Tenant from any obligations of Tenant under this Lease. All sums so paid by Landlord, Landlord and all penalties, interest and costs in connection therewith, therewith shall be due and payable by Tenant on the next business day after Landlord’s delivery to Tenant of written notice of any such payment by Landlord, together with interest thereon at the Interest Rate, Rate from that such date to the date of payment thereof by Tenant to Landlord, plus collection costs and reasonable attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of default Default in the payment of Rent.

Appears in 3 contracts

Samples: Office Lease Agreement (Corcept Therapeutics Inc), Office Lease Agreement (Geron Corp), Office Lease Agreement (Geron Corp)

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. If Tenant shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, and such failure shall continue after the expiration of any applicable grace or cure periods provided in this Lease, Landlord may, but shall not be obligated toto and without waiving or releasing Tenant from any obligation of Tenant under this Lease, make the such payment or perform any such other act to the extent Landlord may deem desirable anddesirable, and in connection therewith, pay expenses and employ counsel. Any payment or performance by Landlord shall not waive or release Tenant from any obligations of Tenant under this Lease. All sums so paid by Landlord, Landlord and all penalties, interest and costs in connection therewith, therewith shall be due and payable by Tenant on the next day after any such payment by Landlord, together with interest thereon at the Interest Rate, Rate from that such date to the date of payment thereof by Tenant to Landlord, plus collection costs and attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of default in the payment of Rent.

Appears in 3 contracts

Samples: Lease (Ampex Corp /De/), Lease (Fogdog Inc), Ampex Corp /De/

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. If Tenant shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord may, but shall not be obligated toto and without waiving or releasing Tenant from any obligation of Tenant under this Lease, make the such payment or perform any such other act to the extent Landlord may deem desirable anddesirable, and in connection therewith, pay expenses and employ counsel. Any payment or performance by Landlord shall not waive or release Tenant from any obligations of Tenant under this Lease. All sums so paid by Landlord, Landlord and all penalties, interest and costs in connection therewith, therewith shall be due and payable by Tenant on the next day after any such payment by Landlord, together with interest thereon at the Interest Rate, Rate from that such date to the date of payment thereof by Tenant to Landlord, plus collection costs and attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of default in the payment of Rent.

Appears in 2 contracts

Samples: Lease (VirnetX Holding Corp), Lease (Pasw Inc)

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. If Tenant shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord may, but shall not be obligated toto and without waiving or releasing Tenant from any obligation of Tenant under this Lease, upon written notice to Tenant, make the such payment or perform any such other act to the extent Landlord may deem desirable anddesirable, and in connection therewith, pay expenses and employ counsel. Any payment or performance by Landlord shall not waive or release Tenant from any obligations of Tenant under this Lease. All sums so paid by Landlord, Landlord and all penalties, interest and costs in connection therewith, therewith shall be due and payable by Tenant on the next day after any such payment by Landlord, together with interest thereon at the Interest Rate, Rate from that such date to the date of payment thereof by Tenant to Landlord, plus collection costs and attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of default in the payment of Rent.

Appears in 2 contracts

Samples: Hiway Technologies Inc, Tvia Inc

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. If Tenant shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord may, but shall not be obligated to, make the payment or perform any other act to the extent Landlord may deem desirable and, in connection therewith, pay expenses and employ counsel. Any payment or performance by Landlord shall not waive or release Tenant from any obligations of Tenant under this Lease. All sums so paid by Landlord, and all penalties, interest and costs in connection therewith, shall be due and payable by Tenant on the next day after any payment by Landlord, together with interest thereon at the Interest RateRate (as defined in Section 32), from that date to the date of payment thereof by Tenant to Landlord, plus collection costs and attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of default in the payment of Rent.

Appears in 2 contracts

Samples: Lease (Control4 Corp), Lease (Control4 Corp)

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. If Tenant shall at any time fail fails to make any payment or perform any other act on its part to be made or performed under this Lease, and after notice as provided in Section 24, Landlord may, but shall not be obligated toto and without waiving or releasing Tenant from any obligation of Tenant under this Lease, make the such payment or perform any such other act to the extent Landlord may deem desirable anddesirable, and in connection therewith, pay expenses and employ counsel. Any payment or performance by Landlord shall not waive or release Tenant from any obligations of Tenant under this Lease. All sums so paid by Landlord, Landlord and all penalties, interest and costs in connection therewith, therewith shall be due and payable by Tenant on the next day after any payment upon receipt of written demand by Landlord, together with interest thereon at the Interest Rate, Rate from that the date Tenant receives Landlord’s written demand to the date of payment thereof by Tenant to Landlord, plus collection costs and attorneys' attorney’s fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of default in the payment of Rent.

Appears in 2 contracts

Samples: Lease (Go Daddy Group, Inc.), Purchase and Sale Agreement (Go Daddy Group, Inc.)

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. If Tenant shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord may, but shall not be obligated toto and without waiving or releasing Tenant from any obligation of Tenant under this Lease, make the such payment or perform any such other act to the extent Landlord may deem desirable anddesirable, and in connection therewith, pay expenses and employ counsel. Any payment or performance by Landlord shall not waive or release Tenant from any obligations of Tenant under this Lease. All sums so paid by Landlord, Landlord and all penalties, interest and costs in connection therewith, therewith shall be due and payable by Tenant on the next day after any such payment by Landlord, together with interest thereon at the Interest Rate, Rate from that such date to the date of payment thereof by Tenant to Landlord, plus collection costs and attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of default in the payment of Rent.

Appears in 2 contracts

Samples: Lease (C Cube Microsystems Inc), Lease (Cruel World Inc)

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. If Tenant shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord may, but shall not be obligated toto and without waiving or releasing Tenant from any obligation of Tenant under this Lease, upon written notice to Tenant, make the such payment or perform any such other act to the extent Landlord may deem desirable anddesirable, and in connection therewith, pay expenses and employ counsel. Any payment or performance by Landlord shall not waive or release Tenant from any obligations of Tenant under this Lease. All sums so paid by Landlord, Landlord and all penalties, interest and costs in connection therewith, therewith shall be due and payable by Tenant on the next day after any such payment by Landlord, together with interest thereon at the Interest Rate, Rate from that such date to the date of payment thereof by Tenant to Landlord, plus collection costs and attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of default in the payment of Rent.

Appears in 1 contract

Samples: Lease (Brooks Automation Inc)

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. If Tenant shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord may, but shall not be obligated toto and without waiving or releasing Tenant from any obligation of Tenant under this Lease, make the such payment or perform any such other act to the extent Landlord may deem desirable anddesirable, and in connection therewith, pay expenses and employ counsel. Any payment or performance by Landlord shall not waive or release Tenant from any obligations of Tenant under this Lease. All sums so paid by Landlord, Landlord and all penalties, interest and costs in connection therewith, therewith shall be due and payable by Tenant on the next day after any such payment by Landlord, together with interest thereon at the Interest Rate, Rate from that such date to the date of payment thereof by Tenant to Landlord, plus reasonable collection costs and attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of default in the payment of Rent.

Appears in 1 contract

Samples: Lease (Storage Dimensions Inc)

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. If Tenant shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord may, but shall not be obligated to, make the payment or perform any other act to the extent Landlord may deem desirable and, in connection therewith, pay expenses and employ counsel. Any payment or performance by Landlord shall not waive or release Tenant from any obligations of Tenant under this Lease. All sums so paid by Landlord, and all penalties, interest and costs in connection therewith, shall be de due and payable by Tenant on the next day after any payment by Landlord, together with interest thereon at the Interest Rate, from that date to the date of payment thereof by Tenant to Landlord, plus collection costs and attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of default in the payment of Rent.

Appears in 1 contract

Samples: Lease (Seagate Software Inc)

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. If Tenant shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord may, but shall not be obligated to, to make the payment or perform any other act to the extent Landlord may deem desirable and, in connection therewith, pay expenses and employ counsel. Any payment or performance by Landlord shall not waive or release Tenant from any obligations of Tenant under this Lease. All sums so paid by Landlord, and all penalties, interest and costs in connection therewith, shall be due and payable by Tenant on the next day after any payment by Landlord, together with interest thereon at the Interest Rate, from that date to the date of payment thereof by Tenant to Landlord, plus collection costs and attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of default in the payment of Rent.

Appears in 1 contract

Samples: Sub Sublease (Computer Literacy Inc)

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. If Tenant shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord may, but shall not be obligated toto and without waiving or releasing Tenant from any obligation of Tenant under this Lease, upon written notice to Tenant, make the such payment or perform any such other act to the extent Landlord may deem desirable anddesirable, and in connection therewith, pay expenses and employ counsel. Any payment or performance by Landlord shall not waive or release Tenant from any obligations of Tenant under this Lease. All sums so paid by Landlord, Landlord and all penalties, interest and costs in connection therewith, therewith shall be due and payable by Tenant on the next day after any such payment by Landlord, together with interest thereon at the Interest Rate, interest rate provided in Paragraph 25.2 from that such date to the date of payment thereof by Tenant to Landlord, plus collection costs and attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of default in the payment of Rent.

Appears in 1 contract

Samples: Sublease (Minerva Surgical Inc)

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LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. If Tenant shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord may, but shall not be obligated to, make the payment or perform any other act to the extent Landlord may deem desirable and, in connection therewith, pay expenses and employ counsel. Any payment or performance by Landlord shall not waive or release Tenant from any obligations of Tenant under this Lease. All sums so paid by Landlord, and all penalties, interest and costs in connection therewith, shall be due and payable by Tenant on the next day after any payment by Landlord, together with interest thereon at the Interest RateRate (as defined in Section 32), from that date to the date of payment thereof by Tenant to Landlord, plus collection costs and attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of default in the payment of Rent.

Appears in 1 contract

Samples: Industrial Lease (Rubicon Medical Corp)

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. If Tenant shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord may, but shall not be obligated toto and without waiving or releasing Tenant from any obligation of Tenant under this Lease, upon written notice to Tenant, make the such payment or perform any such other act to the extent Landlord may deem desirable anddesirable, and in connection therewith, pay expenses and employ counsel. Any payment or performance by Landlord shall not waive or release Tenant from any obligations of Tenant under this Lease. All sums so paid by Landlord, Landlord and all penalties, interest and costs in connection therewith, therewith shall be due and payable by Tenant on the next day after any payment by within [***] days of Landlord’s written demand therefor, together with interest thereon at the Interest Rate, interest rate provided in Paragraph 25.2 from that such date to the date of payment thereof by Tenant to Landlord, plus collection costs and attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of default in the payment of Rent. *Portions of this exhibit have been excluded because it both (i) is not material and (ii) would be competitively harmful if publicly disclosed.

Appears in 1 contract

Samples: Outset Medical, Inc.

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. If Tenant shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord may, but shall not be obligated to, make the payment or perform any other act to the extent Landlord may deem desirable and, in connection therewith, pay expenses and employ counsel. Any payment or performance by Landlord shall not waive or release Tenant from any obligations of Tenant under this Lease. All sums so paid by Landlord, and all penalties, interest and costs in connection therewith, shall be due and payable by Tenant on the next day after any payment by Landlord, together with interest thereon at the Interest Rate, from that date to the date of payment thereof by Tenant to Landlord, plus collection costs and attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of default in the payment of Base Rent.

Appears in 1 contract

Samples: Sublease Agreement (Thermage Inc)

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. If Tenant shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord may, but shall not be obligated to, make the payment or perform any other act to the extent Landlord may deem desirable and, in connection therewith, pay expenses and employ counsel. Any payment or performance by Landlord shall not waive or release Tenant from any obligations of Tenant under this Lease. All sums so paid by Landlord, and all penalties, interest and costs in connection therewiththerewxxx, shall xxxll be due and payable by Tenant on the next day after any payment by Landlord, together with interest thereon at the Interest Rate, from that date to the date of payment thereof by Tenant to Landlord, plus collection costs and attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of default in the payment of Base Rent.

Appears in 1 contract

Samples: Leapfrog Enterprises Inc

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. If Tenant shall at any time fail fails to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord may, but shall not be obligated toto and without waiving or releasing Tenant from any obligation of Tenant under this Lease, make the such payment or perform any such other act to the extent Landlord may deem desirable anddesirable, and in connection therewith, pay expenses and employ counsel. Any payment or performance by Landlord shall not waive or release Tenant from any obligations of Tenant under this Lease. All sums so paid by Landlord, Landlord and all penalties, interest and costs in connection therewith, therewith shall be due and payable by Tenant on the next day after any payment upon receipt of written demand by Landlord, together with interest thereon at the Interest Rate, Rate from that the date Tenant receives Landlord's written demand to the date of payment thereof by Tenant to Landlord, plus collection costs and attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of default in the payment of Rent. 33.

Appears in 1 contract

Samples: Media Arts Group Inc

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. If Tenant shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord may, but shall not be obligated to, make the payment or perform any other act to the extent Landlord may deem desirable and, in connection therewith, pay expenses and employ counsel. Any payment or performance by Landlord shall not waive or release Tenant from any obligations of Tenant under this Lease. All sums so paid by Landlord, and all penalties, interest and costs in connection therewith, shall be due and payable by Tenant on the next day after any payment by Landlord, together with interest thereon at the Interest Rate, from that date to the date of payment thereof by Tenant to Landlord, plus collection costs and attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of default in the payment of Base Rent.

Appears in 1 contract

Samples: Lease (Lynx Therapeutics Inc)

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. If Tenant shall at any ---------------------------------------------- time fail to make any payment or perform any other act on its part to be made or performed under this Leasecommit an Event of Default, Landlord may, but shall not be obligated to, make the payment or perform any other act to the extent Landlord may deem desirable and, in connection therewith, pay expenses and employ counsel. Any payment or performance by Landlord shall not waive or release Tenant from any obligations of Tenant under this Lease. All sums so paid by LandlordXxxxxxxx, and all penalties, interest and costs in connection therewith, shall be due and payable by Tenant on the next day after any payment by Landlord, together with interest thereon at the Interest Rate, from that date to the date of payment thereof by Tenant to Landlord, plus collection costs and attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of default in the payment of Rent.

Appears in 1 contract

Samples: Tenant Improvements Construction Agreement (International Wireless Communications Holdings Inc)

LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS. If Tenant shall at ---------------------------------------------- any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord may, but shall not be obligated to, make the payment or perform any other act to the extent Landlord may deem desirable and, in connection therewith, pay expenses and employ counsel. Any payment or performance by Landlord shall not waive or release Tenant from any obligations of Tenant under this Lease. All sums so paid by Landlord, and all penalties, interest and costs in connection therewith, shall be due and payable by Tenant on the next day after any payment by Landlord, together with interest thereon at the Interest Rate, from that date to the date of payment thereof by Tenant to Landlord, plus collection costs and attorneys' fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of default in the payment of Rent.

Appears in 1 contract

Samples: Ibeam Broadcasting Corp

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