Common use of PERFORMANCE BY TENANT Clause in Contracts

PERFORMANCE BY TENANT. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If (i) Tenant shall, prior to delinquency, fail to pay any sum of money owed to any party other than Landlord, for which it is liable hereunder, and such failure shall continue for ten (10) days after notice thereof by Landlord, or (ii) if Tenant shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue for thirty (30) days after notice thereof by Landlord (or such longer reasonable cure period if more than thirty (30) days are reasonably required for such cure and Tenant commences cure within such thirty (30) day period and diligently prosecutes such cure to completion), Landlord may upon notice to Tenant, without waiving or releasing Tenant from obligations of Tenant, but shall not be obligated to, make any such payment or perform any such other act to be made or performed by Tenant. All sums so paid by Landlord and all necessary incidental costs together with interest thereon at the maximum rate permissible by law, from the date of such payment by Landlord, shall be payable to Landlord on demand. Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) all rights and remedies in the event of the non-payment thereof by Tenant as are set forth in Paragraph 25.

Appears in 2 contracts

Sources: Sublease (Litronic Inc), Sublease (Litronic Inc)

PERFORMANCE BY TENANT. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent, unless expressly provided otherwise herein. If (i) Tenant shall, prior to delinquency, shall fail to pay any sum of money owed to any party other than Landlord, for which it is liable hereunder, and such failure shall continue for ten (10) days after notice thereof by Landlord, or (ii) if Tenant shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue for thirty (30) days (or shorter time if reasonably required) after notice thereof by Landlord (or such longer reasonable cure period if more than thirty (30) days are reasonably required for such cure and Tenant commences cure within such thirty (30) day period and diligently prosecutes such cure to completion)Landlord, Landlord may upon notice to Tenantmay, without waiving or releasing Tenant from obligations of Tenant, but shall not be obligated to, make any such payment or perform any such other act to be made or performed by Tenant. All sums so paid by Landlord and all necessary incidental costs together with interest thereon at the maximum rate permissible by lawInterest Rate, from the date of such payment by Landlord, shall be payable to Landlord as additional rent on demand. Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) all rights and remedies in the event of the non-payment nonpayment thereof as in the case of default by Tenant as are set forth in Paragraph 25the payment of rent.

Appears in 1 contract

Sources: Office Building Lease (Amwest Insurance Group Inc)

PERFORMANCE BY TENANT. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent, except as expressly provided elsewhere in this Lease. If (i) Tenant shall, prior to delinquency, tenant shall fail to pay any sum of money owed to any party money, other than Landlordrent, for which required to be paid by it is liable hereunder, and such failure shall continue for ten (10) days after notice thereof by Landlord, hereunder or (ii) if Tenant shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue for thirty (30) days after beyond any applicable cure periods following notice thereof by Landlord (or such longer reasonable cure period if more than thirty (30) days are reasonably required for such cure and Tenant commences cure within such thirty (30) day period and diligently prosecutes such cure to completion)Landlord, Landlord may upon notice to Tenantmay, without waiving or releasing Tenant from obligations of Tenant, but shall not be obligated to, make any such payment or perform any such other act on Tenant's part to be made or performed by Tenantas in this Lease; provided, however, that if, in Landlord's reasonable, good faith judgment, such failure on the part of Tenant may, if the same persists, constitutes an emergency, a threat to other persons or property, or would result in substantially greater loss (either financial or with respect to damaged property), the grace period provided for hereunder before Landlord shall have the right to exercise its rights as set forth above shall be two (2) business days. All sums so paid by Landlord and all necessary incidental costs together with interest thereon at the maximum rate permissible by lawInterest Rate, from the date of such payment by Landlord, shall be payable to Landlord on demand. Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) all the same rights and remedies in the event of the non-payment thereof by Tenant as are set forth in Paragraph 25the case of default by Tenant in the payment of the rent. Therefore, if any monthly installment of Annual Basic Rent or any other payment due hereunder is not received by Landlord by the date when due, it shall bear interest at the interest Rate from the date on which it is due until the date on which it is paid regardless of whether or not a notice of default or notice of termination has been given by Landlord.

Appears in 1 contract

Sources: Lease Agreement (Golden West Financial Corp /De/)

PERFORMANCE BY TENANT. All covenants and agreements to be performed by Tenant under pursuant to any of the terms of this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any abatement of rentRent. If (i) Tenant shall, prior to delinquency, shall fail to pay any sum of money owed to any party other than Landlord, for which it Tenant is liable hereunderpursuant to this Lease, or if Tenant shall fail to perform any other obligation on its part to be performed pursuant to this Lease, and such failure shall continue for ten (10) days after notice thereof by Landlord, or (ii) if Tenant shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue for thirty (30) days after notice thereof by Landlord (or such longer reasonable cure period if more than thirty (30) days are reasonably required for such cure and Tenant commences cure within such thirty (30) day period and diligently prosecutes such cure to completion), Landlord may upon notice to Tenantmay, without waiving or releasing Tenant from obligations of Tenantits obligations, but shall not be obligated to, make any such payment or perform any such other act to be made or performed by Tenant. All sums so paid by Landlord and all necessary incidental costs together with interest thereon at the maximum rate permissible by law, from the date of such payment by Landlord, shall be payable to Landlord on demand. Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) all rights and remedies in the event of the non-payment nonpayment thereof by Tenant as are set forth in Paragraph 25Article 13.

Appears in 1 contract

Sources: Office Lease (Active Network Inc)