Common use of RIGHT OF LANDLORD TO PERFORM Clause in Contracts

RIGHT OF LANDLORD TO PERFORM. All terms, covenants and conditions of this Lease to be performed or observed by Terianl. shall be performed or observed by Tenant At Tenant's sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rent, required to be paid by it hereunder or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five (5) days after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall riot be obliged to, make any Such payment or perform any such other term or covenant on Tenant's part to be performed. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the rate of the Prime Rate of interest plus two percent (2%) per annum as, quoted by the Bank of America from the date of such payment or performance by Landlord, shall he paid (and Tenant covenants to make such payment) to Landlord on demand by Landlord, and Landlord Shall have (in addition to any other right or remedy of I andlord) the same rights and remedies in the event of nonpayment by Tenant as in the case of failure by Tenant in the payment of rent hereunder.

Appears in 2 contracts

Samples: Lease Agreement (Telomolecular Corp), Lease Agreement (Telomolecular Corp)

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RIGHT OF LANDLORD TO PERFORM. All terms, covenants and conditions agreements to be kept or performed by Tenant under any of the terms of this Lease to be performed or observed by Terianl. shall be performed or observed by Tenant At at Tenant's sole cost and expense and without any reduction abatement of rent, except as otherwise expressly provided herein. If Tenant shall fail to pay any sum of money, or other than rent, required to be paid by it hereunder or shall fail to perform any other term or covenant hereunder act on its part to be performedperformed hereunder, and such failure shall continue for five thirty (530) days after written notice thereof by Landlord, which notice may be waived in Landlord's reasonable judgment in the event of an emergency-type situation, Landlord may, but shall not be obligated to, and without waiving any default of Tenant or releasing Tenant from any obligation obligations of Tenant hereunder, may, but shall riot be obliged to, make any Such such payment or perform any such other term or covenant act on Tenant's part to be performedmade or performed as in this Lease provided. All sums so paid by the Landlord and all necessary costs of such performance by Landlord incidental costs, together with interest thereon at the rate of the Prime Rate of interest plus two percent (2%) 12% per annum as, quoted by the Bank of America from the date of such payment or performance by the Landlord, shall he be paid (and Tenant covenants to make such payment) to Landlord forthwith on demand by Landlorddemand, and Landlord Shall shall have (in addition to any other right or remedy of I andlordLandlord) the same rights and remedies in the event of nonpayment thereof by Tenant as in the case of failure default by Tenant in the payment of rent hereunderrent.

Appears in 2 contracts

Samples: Lease (Radnor Holdings Corp), Radnor Holdings Corp

RIGHT OF LANDLORD TO PERFORM. All terms, covenants and conditions of this Lease to be performed or observed by Terianl. Tenant shall be performed or observed by Tenant At at Tenant's ’s sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rent, required to be paid by it hereunder or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five (5) days after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall riot not be obliged to, make any Such such payment or perform any such other term or covenant on Tenant's ’s part to be performed. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the rate of the Prime Rate prime rate of interest plus two percent (2%) per annum as, as quoted by the Bank of America from the date of such payment or on performance by Landlord, shall he be paid (and Tenant covenants to make such payment) to Landlord on demand by Landlord, and Landlord Shall shall have (in addition to any other right or remedy of I andlordLandlord) the same rights and remedies in the event of nonpayment by Tenant as in the case of failure by Tenant in the payment of rent hereunder.

Appears in 2 contracts

Samples: Lease Agreement (Maxtor Corp), Sublease (Leadis Technology Inc)

RIGHT OF LANDLORD TO PERFORM. All terms, covenants and conditions of this Lease to be performed or observed by Terianl. Tenant shall be performed or observed by Tenant At at Tenant's sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rent, required to be paid by it hereunder or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five (5) days after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall riot not be obliged obligated to, make any Such such payment or perform any such other term or covenant on Tenant's part to be performed. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest Interest thereon at the rate of the Prime Rate prime rate of interest plus two percent (2%) per annum as, as quoted by the Bank of America from the date of such payment or performance by Landlord, shall he be paid (and Tenant covenants to make such payment) to Landlord on demand by Landlord, and Landlord Shall shall have (in addition to any other right or remedy of I andlordLandlord) the same rights and remedies in the event of nonpayment by Tenant as in the case of failure by Tenant in the payment of rent hereunder.

Appears in 2 contracts

Samples: Lease Agreement (Transmeta Corp), Lease Agreement (Transmeta Corp)

RIGHT OF LANDLORD TO PERFORM. All terms, covenants and conditions of this Lease to be performed or observed by Terianl. Tenant shall be performed or observed by Tenant At at Tenant's sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rent, required to be paid by it hereunder or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five (5) days after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall riot not be obliged to, make any Such such payment or perform any such other term or covenant on Tenant's part to be performed. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the rate of the Prime Rate prime rate of interest plus two percent (2%) per annum as, as quoted by the Bank of America from the date of such payment or on performance by Landlord, shall he be paid (and Tenant covenants to make such payment) to Landlord on demand by Landlord, and Landlord Shall shall have (in addition to any other right or remedy of I andlordLandlord) the same rights and remedies in the event of nonpayment by Tenant as in the case of failure by Tenant in the payment of rent hereunder.

Appears in 2 contracts

Samples: Lease Agreement (Brio Technology Inc), Lease Agreement (Faroudja Inc)

RIGHT OF LANDLORD TO PERFORM. All terms, covenants and conditions of this Lease to be performed or observed by Terianl. Tenant shall be performed or observed by Tenant At at Tenant's sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rent, required to be paid by it hereunder or shall fail fall to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five FOR FIVE (5) days DAYS after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall riot not be obliged to, make any Such such payment or perform any such other term or covenant on Tenant's part to be performed. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the rate of the Prime Rate prime rate of interest plus two percent (2%) per annum as, as quoted by the Bank of America from the date of such payment or on performance by Landlord, shall he be paid (and Tenant covenants to make such payment) to Landlord on demand by Landlord, and Landlord Shall shall have (in addition to any other right or remedy of I andlordLandlord) the same rights and remedies in the event of nonpayment by Tenant as in the case of failure by Tenant in the payment of rent hereunder.

Appears in 1 contract

Samples: Lease Agreement (Alliance Fiber Optic Products Inc)

RIGHT OF LANDLORD TO PERFORM. All terms, covenants and conditions of this Lease to be performed or observed by Terianl. Tenant shall be performed or observed by Tenant At at Tenant's sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rent, required to be paid by it hereunder or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five (5) days after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall riot not be obliged to, make any Such such payment or perform any such other term or covenant covenants on Tenant's part to be performed. All sums so to be paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the rate of the Prime Rate prime rate of interest plus two percent (2%) per annum as, as quoted by the Bank of America from the date of such payment or on performance by Landlord, shall he be paid (and Tenant covenants to make such payment) to Landlord on demand by Landlord, and Landlord Shall shall have (in addition to any other right or remedy of I andlordLandlord) the same rights and remedies in the event of nonpayment by Tenant as in the case of failure by Tenant in the payment of rent hereunder.

Appears in 1 contract

Samples: Lease Agreement (Scios Inc)

RIGHT OF LANDLORD TO PERFORM. All terms, covenants and conditions agreements to be performed by Tenant under any of the terms of this Lease to be performed or observed by Terianl. shall be performed or observed by Tenant At at Tenant's sole cost and expense expense, and without any reduction abatement of rentRent. If Tenant shall fail to pay any sum of money, or other rentthan Rent, required to be paid by it hereunder hereunder, or shall fail to perform any other term or covenant hereunder act on its part to be performedperformed hereunder, and such failure shall continue for five fifteen (515) days after written notice thereof by Landlord, LandlordLandlord may, but shall not be obligated to do so, and without waiving or releasing Tenant from any obligation obligations of Tenant hereunder, may, but shall riot be obliged toTenant, make any Such such payment or perform any such other term or covenant act on Tenant's part to be performedmade or performed as in this Lease provided. All sums so paid by Landlord and all necessary costs of such performance by Landlord incidental costs, together with interest thereon at the rate of five (5%) percent over the Prime Rate of interest plus two percent (2%) per annum as, quoted by the Bank of America in effect from the date of such payment or performance by Landlord, or twenty-four (24%) percent, whichever is greater, shall he paid (be payable to Landlord on demand, and Tenant covenants to make pay any such payment) to Landlord on demand by Landlordsums, and Landlord Shall shall have (in addition to any other right or remedy of I andlordLandlord) the same rights and remedies in the event of nonpayment the non-payment thereof by Tenant Tenant, as in the case of failure default by Tenant in the payment of rent hereunderRent.

Appears in 1 contract

Samples: Lease (Integrated Information Systems Inc)

RIGHT OF LANDLORD TO PERFORM. All terms, covenants and conditions of this Lease to be performed or observed by Terianl. Tenant shall be performed or observed by Tenant At at Tenant's sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rent, required to be paid by it hereunder or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five (5) days after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall riot not be obliged to, make any Such such payment or perform any such other term or covenant on Tenant's part to be performed. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the rate of the Prime Rate of interest plus two percent (2%) per annum as, quoted by the Bank of America from the date of such payment or on performance by Landlord, shall he be paid (and Tenant covenants to make such payment) to Landlord on demand by Landlord, and Landlord Shall shall have (in addition to any other right or remedy of I andlordLandlord) the same rights and remedies in the event of nonpayment by Tenant as in the case of failure by Tenant in the payment of rent hereunder.

Appears in 1 contract

Samples: Lease Agreement (Webex Communications Inc)

RIGHT OF LANDLORD TO PERFORM. All terms, covenants and conditions of this Lease to be performed or observed by Terianl. shall Tenant shell be performed or observed by Tenant At at Tenant's ’s sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rent, required to be paid by it hereunder or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five (5) days after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, hereunder1 may, but shall riot not be obliged to, make any Such such payment or perform any such other term or covenant on Tenant's ’s part to be performed. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the rate of the Prime Rate prime rate of interest plus two percent (2%) per annum as, as quoted by the Bank of America from the date of such payment or on performance by Landlord, shall he be paid (and Tenant covenants to make such payment) to Landlord on demand by Landlord, and Landlord Shall shall have (in addition to any other right or remedy of I andlordLandlord) the same rights and remedies in the event of nonpayment by Tenant as in the case of failure by Tenant in the payment of rent hereunder.

Appears in 1 contract

Samples: Lease Agreement (Anda Networks Inc)

RIGHT OF LANDLORD TO PERFORM. All terms, covenants and conditions of this Lease to be performed or observed by Terianl. Tenant shall be performed or observed by Tenant At at Tenant's ’s sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rent, required to be paid by it hereunder or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five without the undertaking of a cure by Tenant of 10 (510) days after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall riot not be obliged obligated to, make any Such such payment or perform any such other term or covenant on Tenant's ’s part to be performed. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the rate of the Prime Rate prime rate of interest plus two percent (2%) per annum as, as quoted by the Bank of America from the date of such payment or of performance by Landlord, shall he be paid (and Tenant covenants to make such payment) to Landlord on or demand by Landlord, and Landlord Shall shall have (in addition to any other right or remedy of I andlordLandlord) the same rights and remedies in the event of nonpayment non payment by Tenant as in the case of failure by Tenant in the payment of rent hereunder.

Appears in 1 contract

Samples: Lease Agreement (Avistar Communications Corp)

RIGHT OF LANDLORD TO PERFORM. All terms, covenants and conditions of this Lease to be performed or observed by Terianl. Tenant shall be performed or observed by Tenant At at Tenant's ’s sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rent, required to be paid by it hereunder or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five (5) days after written notice thereof by Landlord, . Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall riot not be obliged to, make any Such such payment or perform any such other term or covenant on Tenant's ’s part to be performed. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the rate of the Prime Rate prime rate of interest plus two percent (2%) per annum as, as quoted by the Bank of America from the date of such payment or on performance by Landlord, shall he be paid (and Tenant covenants to make such payment) to Landlord on demand by Landlord, Landlord and Landlord Shall shall have (in addition to any other right or remedy of I andlordLandlord) the same rights and remedies in the event of nonpayment by Tenant as in the case of failure by Tenant in the payment of rent hereunder.

Appears in 1 contract

Samples: Lease Agreement (Maxtor Corp)

RIGHT OF LANDLORD TO PERFORM. All terms, covenants and conditions of this Lease to be performed or observed by Terianl. Tenant shall be performed or observed by Tenant At at Tenant's sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rent, required to be paid by it hereunder or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five (5) days after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall riot not be obliged obligated to, make any Such such payment or perform any such other term or covenant on Tenant's part to be performed. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the rate of the Prime Rate prime rate of interest plus two percent (2%) per annum as, as quoted by the Bank of America from the date of such payment or performance by Landlord, shall he be paid (and Tenant covenants to make such payment) to Landlord on demand by Landlord, and Landlord Shall shall have (in addition to any other right or remedy of I andlordLandlord) the same rights and remedies in the event of nonpayment by Tenant as in the case of failure by Tenant in the payment of rent hereunder.

Appears in 1 contract

Samples: Lease Agreement (Quantum Effect Devices Inc)

RIGHT OF LANDLORD TO PERFORM. All terms, covenants and conditions of this Lease to be performed or observed by Terianl. Tenant shall be performed or observed by Tenant At tenant at Tenant's sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rent, required to be paid by it hereunder and such failure shall continue for five (5) days after written notice by Landlord, or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five thirty (530) days after written notice thereof by Landlord, . Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall riot not be obliged obligated to, make any Such such payment or perform any such other term or covenant on Tenant's part to be performed. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the rate of the Prime Rate prime rate of interest plus two percent (2%) per annum as, as quoted by the Bank of America from the date of such payment or performance by Landlord, shall he be paid (and Tenant covenants to make such payment) to Landlord on demand by Landlord, and Landlord Shall shall have (in addition to any other right or remedy of I andlordLandlord) the same rights and remedies in the event of nonpayment by Tenant as in the case of failure by Tenant in the payment of rent hereunder.

Appears in 1 contract

Samples: Neoforma Com Inc

RIGHT OF LANDLORD TO PERFORM. All terms, covenants and conditions of this Lease to be performed or observed by Terianl. Tenant shall be performed or observed by Tenant At and Tenant's sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rent, required to be paid by it hereunder or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five FIVE (5) days DAYS after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall riot not be obliged to, make any Such such payment or perform any such other term or covenant on Tenant's part to be performed. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the rate of the Prime Rate prime rate of interest plus two percent (2%) per annum as, as quoted by the Bank of America from the date of such payment or on performance by Landlord, shall he be paid (and Tenant covenants to make such payment) to Landlord on demand by Landlord, and Landlord Shall shall have (in addition to any other right or remedy of I andlordLandlord) the same rights and remedies in the event of nonpayment by Tenant as in the case of failure by Tenant in the payment of rent hereunder.

Appears in 1 contract

Samples: Lease Agreement (American Multiplexer Corp)

RIGHT OF LANDLORD TO PERFORM. All terms, covenants and conditions of this Lease to be performed or observed by Terianl. Tenant shall be performed or observed by Tenant At at Tenant's ’s sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rent, required to be paid by it hereunder or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five (5) days after written notice thereof by Landlord, Landlord, Landlord without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall riot not be obliged to, make any Such such payment or perform any such other term or covenant on Tenant's ’s part to be performed. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the rate of the Prime Rate prime rate of interest plus two percent (2%) per annum as, as quoted by the Bank of America from the date of such payment or on performance by Landlord, shall he be paid (and Tenant covenants to make such payment) to Landlord on demand by Landlord, and Landlord Shall shall have (in addition to any other right or remedy of I andlordLandlord) the same rights and remedies in the event of nonpayment by Tenant as in the case of failure by Tenant in the payment of rent hereunder.

Appears in 1 contract

Samples: Lease Agreement (Maxtor Corp)

RIGHT OF LANDLORD TO PERFORM. All terms, covenants and conditions of this Lease to be performed or observed by Terianl. Tenant shall be performed or observed by Tenant At at Tenant's sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rent, required to be paid by it hereunder or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five thirty (530) days after written notice thereof by Landlord, . Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall riot not be obliged obligated to, make any Such such payment or perform any such other term or covenant on Tenant's part to be performed. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the rate of the Prime Rate prime rate of interest plus two percent (2%) per annum as, as quoted by the Bank of America from the date of such payment or performance by Landlord, shall he be paid (and Tenant covenants to make such payment) to Landlord on demand by Landlord, and Landlord Shall shall have (in addition to additiontlo any other right or remedy of I andlordLandlord) the same rights and remedies in the event of nonpayment by Tenant as in the case of failure by Tenant in the payment of rent hereunder.

Appears in 1 contract

Samples: Lease Agreement (Terayon Communication Systems)

RIGHT OF LANDLORD TO PERFORM. All terms, covenants and conditions of this Lease to be performed or observed by Terianl. Tenant shall be performed or observed by Tenant At at Tenant's ’s sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rent, required to be paid by it hereunder or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five (5) days after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall riot not be obliged obligated to, make any Such such payment or perform any such other term or covenant on Tenant's ’s part to be performed. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the rate of the Prime Rate prime rate of interest plus two percent (2%) per annum as, as quoted by the Bank of America from the date of such payment or of performance by Landlord, shall he be paid (and Tenant covenants to make such payment) to Landlord on or demand by Landlord, and Landlord Shall shall have (in addition to any other right or remedy of I andlordLandlord) the same rights and remedies in the event of nonpayment non payment by Tenant as in the case of failure by Tenant in the payment of rent hereunder.. INITIAL HERE INITIAL HERE EXHIBIT A INITIAL HERE INITIAL HERE

Appears in 1 contract

Samples: Lease Agreement (Sonim Technologies Inc)

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RIGHT OF LANDLORD TO PERFORM. All terms, covenants and conditions of this Lease to be performed or observed by Terianl. Tenant shall be performed or observed by Tenant At at Tenant's sole cost and expense and without any reduction of rent. If Tenant shall fail fall to pay any sum of money, or other rent, required to be paid by it It hereunder or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five his (56) days after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall riot not be obliged to, make any Such such payment or perform any such other term or covenant on Tenant's part to be performed. All sums so paid by Landlord Xxxxxxxx and all necessary costs of such performance by Landlord together with interest Interest thereon at the rate of the Prime Rate prime rate of interest plus two percent (2%) per annum as, as quoted by the Bank of America from the date of such payment or on performance by Landlord, shall he be paid (and Tenant covenants to make such payment) to Landlord on demand by Landlord, and Landlord Shall shall have (in In addition to any other right or remedy of I andlordLandlord) the same rights and remedies in the event of nonpayment by Tenant as in In the case of failure by Tenant in Xxxxxx In the payment of rent hereunder.

Appears in 1 contract

Samples: Lease Agreement (Oni Systems Corp)

RIGHT OF LANDLORD TO PERFORM. All terms, covenants and conditions of this Lease to be performed or observed by Terianl. Tenant shall be performed or observed by Tenant At at Tenant's sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rent, required to be paid by it hereunder or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five (5) days after written notice thereof by Landlord, . Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall riot not be obliged obligated to, make any Such such payment or perform any such other term or covenant on Tenant's part to be performed. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the rate of the Prime Rate prime rate of interest plus two percent (2%) per annum as, as quoted by the Bank of America from the date of such payment or performance by Landlord, shall he be paid (and Tenant covenants to make such payment) to Landlord on demand by Landlord, and Landlord Shall shall have (in addition to any other right or remedy of I andlordLandlord) the same rights and remedies in the event of nonpayment by Tenant as in the case of failure by Tenant in the payment of rent hereunder.

Appears in 1 contract

Samples: Lease Agreement (Terayon Communication Systems)

RIGHT OF LANDLORD TO PERFORM. All terms, covenants and conditions of this Lease to be performed or observed by Terianl. Tenant shall be performed or observed by Tenant At at Tenant's ’s sole cost and expense and without any reduction of in rent. If Tenant shall fail to pay any sum of money, or other rent, rent required to be paid by it a hereunder or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five (5) days after written notice thereof by Landlord, . Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall riot not be obliged to, make any Such such payment or perform any such other term or covenant on Tenant's ’s part to be performed. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the rate of the Prime Rate prime rate of interest plus two percent (2%) per annum as, as quoted by the Bank of America from the date of such payment or on performance by Landlord, shall he be paid (and Tenant covenants to make such payment) to Landlord on demand by Landlord, and Landlord Shall shall have (in addition to any other right or remedy of I andlordLandlord) the same rights and remedies in the event of nonpayment by Tenant as in the case of failure by Tenant in the payment of rent hereunder.

Appears in 1 contract

Samples: Lease Agreement (Maxtor Corp)

RIGHT OF LANDLORD TO PERFORM. All terms, covenants and conditions of this Lease to be performed or observed by Terianl. Tenant shall be performed or observed by Tenant At at Tenant's sole cost and expense and without any reduction of rent, except as otherwise set forth herein. If Tenant shall fail to pay any sum of money, or other rent, required to be paid by it hereunder or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five (5) days after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall riot not be obliged obligated to, make any Such such payment or perform any such other term or covenant on Tenant's part to be performed. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the rate of the Prime Rate prime rate of interest plus two percent (2%) per annum as, as quoted by the Bank of America from the date of such payment or of performance by Landlord, shall he be paid (and Tenant covenants to make such payment) to Landlord on or demand by Landlord, and Landlord Shall shall have (in addition to any other right or remedy of I andlordLandlord) the same rights and remedies in the event of nonpayment non payment by Tenant as in the case of failure by Tenant in the payment of rent hereunder.

Appears in 1 contract

Samples: Equipment Lease and Agreement (Siebel Systems Inc)

RIGHT OF LANDLORD TO PERFORM. All terms, covenants and conditions of this Lease to be performed or observed by Terianl. Tenant shall be performed or observed by Tenant At at Tenant's ’s sole cost and expense and without any reduction of in rent. If Tenant shall fail to pay any sum of money, or other rent, required to be paid by it hereunder or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five (5) days after written notice thereof by of Landlord, . Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall riot not be obliged to, make any Such such payment or perform any such other term or covenant on Tenant's ’s part to be performed. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the rate of the Prime Rate prime rate of interest plus two percent (2%) per annum as, as quoted by the Bank of America from the date of such payment or on performance by Landlord, shall he be paid (and Tenant covenants to make such payment) to Landlord on demand by Landlord, and Landlord Shall shall have (in addition to any other right or remedy of I andlordLandlord) the same rights and remedies in the event of nonpayment by Tenant as in the case of failure by Tenant in the payment of rent hereunder.

Appears in 1 contract

Samples: Lease Agreement (Maxtor Corp)

RIGHT OF LANDLORD TO PERFORM. All terms, covenants and conditions agreements to be ---------------------------- performed by Tenant under any of the terms of this Lease to be performed or observed by Terianl. shall be performed or observed by Tenant At at the time and in the manner hereinafter set forth, at Tenant's sole cost and expense and without any reduction abatement of rentRent. 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, or other rentthan Rent, required to be paid by it hereunder hereunder, or shall fail to perform any other term or covenant hereunder act on its part to be performedperformed hereunder, Landlord may, but shall not be obligated to do so, and such failure shall continue for five (5) days after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any obligation obligations of Tenant hereunder, may, but shall riot be obliged toTenant, make any Such such payment or perform any such other term or covenant act on Tenant's part to be performedmade or performed as provided in this Lease. All sums so paid by Landlord and all necessary costs of such performance incidental costs, together with penalties and per annum interest thereon equal to two (2) points above the prime rate charged by Landlord together with interest thereon at the rate of the Prime Rate of interest plus two percent (2%) per annum as, quoted by the Bank of America from the date of such payment or performance by Landlordtime to time, shall he paid (be payable to Landlord on demand, and Tenant covenants to make pay any such payment) to Landlord on demand by Landlordsums, and Landlord Shall have (and, in addition to any other right or remedy of I andlord) Landlord, Landlord shall have the same rights and remedies in the event of nonpayment thereof by Tenant as in the case of failure default by Tenant in the payment of rent hereunderrent.

Appears in 1 contract

Samples: Lease Agreement (Autotote Corp)

RIGHT OF LANDLORD TO PERFORM. All terms, covenants and conditions of this Lease to be performed or observed by Terianl. Tenant shall be performed or observed by Tenant At at Tenant's sole cost and expense and without any reduction of rent. If Tenant shall within the time period allowed under said Lease fail to pay any sum of money, or other rent, required to be paid by it hereunder or shall fail to perform any other term or of covenant hereunder on its part to be performed, and such failure shall continue for five (5) days after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall riot not be obliged to, make any Such such payment or perform any such other term or covenant on Tenant's part to be performed. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the rate of the Prime Rate primate rate of interest plus two percent (2%) per annum as, as quoted by the Bank of America from the date of such payment or on performance by Landlord, shall he be paid (and Tenant covenants to make such payment) to Landlord on demand by Landlord, and Landlord Shall shall have (in addition to any other right or remedy of I andlordLandlord) the same rights and remedies in the event of nonpayment by Tenant as in the case of failure by Tenant in the payment of rent hereunder.

Appears in 1 contract

Samples: Lease Agreement (Centaur Pharmaceuticals Inc)

RIGHT OF LANDLORD TO PERFORM. All terms, covenants convenants and conditions of this Lease to be performed or observed by Terianl. Tenant shall be performed or observed by Tenant At at Tenant's sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rent, required to be paid by it hereunder or shall fail to perform any other term or covenant convenant hereunder on its part to be performed, and such failure shall continue for five (5) days after written notice thereof by Landlord, . Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall riot not be obliged to, obligated to make any Such such payment or perform any such other term or covenant on Tenant's part to be performed. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the rate of the Prime Rate prime rate of interest plus two percent (2%) per annum as, as quoted by the Bank of America from the date of such payment or performance by Landlord, shall he be paid (and Tenant covenants to make such payment) to Landlord on demand by Landlord, and Landlord Shall shall have (in addition to any other right or remedy of I andlordLandlord) the same rights and remedies in the event of nonpayment by Tenant as in the case of failure by Tenant in the payment of rent hereunder.

Appears in 1 contract

Samples: Lease Agreement (Centura Software Corp)

RIGHT OF LANDLORD TO PERFORM. All terms, terms and covenants and conditions of this Lease to be performed or observed by Terianl. Tenant shall be performed or observed by Tenant At at Tenant's sole cost and expense and without any reduction of rentRental. If Tenant shall fail fails to pay any sum of money, or other rent, required to be paid by it Rental hereunder or shall fail fails to perform any other term or covenant hereunder on its part to be performedperformed after notice and expiration of applicable cure periods, if any, and such failure shall continue for five ten (510) days (or such shorter period as may be reasonable under emergency circumstances) after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall riot be obliged to, may make any Such such payment or perform any such other term or covenant on Tenant's part to be performedperformed but shall not be obligated to do so. All sums so paid by Landlord and all necessary costs of such performance by Landlord Landlord, together with interest thereon at the rate of the Prime Interest Rate of interest plus two percent (2%) per annum as, quoted by the Bank of America from the date of such payment or performance by Landlord, shall he be paid (and Tenant covenants to make such payment) to Landlord on demand by Landlord, and Landlord Shall shall have (in addition to any other right or remedy of I andlordLandlord) the same rights and remedies in the event of nonpayment non-payment thereof by Tenant as in the case of failure by Tenant in the payment of rent Rental hereunder.

Appears in 1 contract

Samples: Office Lease (Cnet Networks Inc)

RIGHT OF LANDLORD TO PERFORM. All terms, covenants and conditions of this Lease to be performed or observed by Terianl. Tenant shall be performed or observed by Tenant At at Tenant's sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any an sum of money, or other rent, required to be paid by it hereunder or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five (5) days after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall riot not be obliged obligated to, make any Such such payment or perform any such other term or covenant on Tenant's part to be performed. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the rate of the Prime Rate prime rate of interest plus two percent (2%) per annum as, as quoted by the Bank of America from the date of such payment or performance by Landlord, shall he be paid (and Tenant covenants to make such payment) to Landlord on demand by Landlord, and Landlord Shall shall have (in addition to any other right or remedy of I andlordLandlord) the same rights and remedies in the event of nonpayment by Tenant as in the case of failure by Tenant in the payment of rent hereunder.

Appears in 1 contract

Samples: Lease Agreement (Paradigm Technology Inc /De/)

RIGHT OF LANDLORD TO PERFORM. All terms, covenants and conditions of this Lease to be performed or observed by Terianl. Tenant shall be performed or observed by Tenant At at Tenant's ’s sole cost and expense and without any reduction of rent. If Tenant shall fail to pay any sum of money, or other rent, required to be paid by it hereunder or shall fail to perform any other term or covenant hereunder on its part to be performed, and such failure shall continue for five (5) days after written notice thereof by Landlord, Landlord, without waiving or releasing Tenant from any obligation of Tenant hereunder, may, but shall riot not be obliged obligated to, make any Such such payment or perform any such other term or covenant on Tenant's ’s part to be performed. All sums so paid by Landlord and all necessary costs of such performance by Landlord together with interest thereon at the rate of the Prime Rate prime rate of interest plus two percent (2%) per annum as, as then quoted by the Bank of America from the date of such payment or of performance by Landlord, shall he be paid (and Tenant covenants to make such payment) to Landlord on demand by Landlord, and Landlord Shall shall have (in addition to any other right or remedy of I andlordLandlord) the same rights and remedies in the event of nonpayment non- payment by Tenant as in the case of failure by Tenant in the payment of rent hereunder.

Appears in 1 contract

Samples: Lease Agreement (Danger Inc)

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