Common use of RIGHT OF LANDLORD TO PERFORM Clause in Contracts

RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under this Lease shall be performed at Tenant’s sole cost and expense and without any abatement of rent or right of set-off. If Tenant fails to pay any sum of money due under this Lease, other than rent payable to Landlord, or fails to perform any other act on its part to be performed under this Lease, and the failure continues beyond any applicable grace period set forth in Section 14.1, then in addition to any other available remedies, Landlord may, at its election make the payment or perform the other act on Tenant’s part and Tenant hereby grants Landlord the right to enter onto the Premises in order to carry out such performance. Landlord’s election to make the payment or perform the act on Tenant’s part shall not give rise to any responsibility of Landlord to continue making the same or similar payments or performing the same or similar acts nor shall Landlord be responsible to Tenant for any damage caused to Tenant as the result of such performance by Landlord. Tenant shall, promptly upon demand by Landlord, reimburse Landlord for all reasonable sums paid by Landlord and all necessary incidental costs, together with interest at the per annum rate of ten percent (10%) not to exceed the maximum rate permitted by law from the date of the payment by Landlord. Landlord shall provide Tenant with written notice and the appropriate cure period provided in this Lease before performing any act on behalf of Tenant.

Appears in 3 contracts

Samples: Sublease Agreement (Prometheus Biosciences, Inc.), Sublease Agreement (Prometheus Biosciences, Inc.), Lease (Prometheus Biosciences, Inc.)

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RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under this Lease shall be performed at Tenant’s sole cost and expense and without any abatement of rent or right of set-off. If Tenant fails to pay any sum of money due under this Leasemoney, other than rent payable to Landlord, or fails to perform any other act on its part to be performed under this Lease, and the failure continues beyond any applicable grace period set forth in Section 14.1, then in addition to any other available remedies, Landlord may, at its election make the payment or perform the other act on Tenant’s part and Tenant hereby grants Landlord the right to enter onto the Premises in order to carry out such performance. Landlord’s election to make the payment or perform the act on Tenant’s part shall not give rise to any responsibility of Landlord to continue making the same or similar payments or performing the same or similar acts nor shall Landlord be responsible to Tenant for any damage caused to Tenant as the result of such performance by Landlord. Tenant shall, promptly upon demand by Landlord, reimburse Landlord for all reasonable sums paid by Landlord and all necessary incidental costs, together with interest at the per annum maximum rate of permitted by law (not to exceed ten percent (10%) not to exceed the maximum rate permitted by law per annum) from the date of the payment by Landlord. Landlord shall provide Tenant with written notice and the appropriate cure period provided in this Lease before performing any act on behalf of Tenant.

Appears in 2 contracts

Samples: Lease (Senorx Inc), Raining Data Corp

RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under this Lease shall be performed at Tenant’s sole cost and expense and without any abatement of rent or right of set-off. If Tenant fails to pay any sum of money due under this Leasemoney, other than rent payable to Landlord, or fails to perform any other act on its part to be performed under this Lease, and the failure continues beyond any applicable grace period set forth in Section 14.1, then in addition to any other available remedies, Landlord may, at its election make the payment or perform the other act on Tenant’s part and Tenant hereby grants Landlord the right to enter onto the Premises upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency when no notice shall be required) in order to carry out such performance. Landlord’s election to make the payment or perform the act on Tenant’s part shall not give rise to any responsibility of Landlord to continue making the same or similar payments or performing the same or similar acts nor shall Landlord be responsible to Tenant for any damage caused to Tenant as the result of such performance by Landlord. Tenant shall, promptly upon demand by Landlord, reimburse Landlord for all reasonable sums paid by Landlord and all necessary incidental costs, together with interest at the per annum rate of ten percent (10%) not to exceed the maximum rate permitted by law from the date of the payment by Landlord. Landlord shall provide Tenant with written notice and the appropriate cure period provided in this Lease before performing any act on behalf of Tenant.

Appears in 2 contracts

Samples: Lease (Ista Pharmaceuticals Inc), Lease (Micro Therapeutics Inc)

RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under this Lease shall be performed at Tenant’s 's sole cost and expense and without any abatement of rent or right of set-off. If Tenant fails to pay any sum of money due under this Lease, other than rent payable to Landlord, or fails to perform any other act on its part to be performed under this Lease, and the failure continues beyond any applicable grace period set forth in Section 14.1, then in addition to any other available remedies, Landlord may, at its election make the payment or perform the other act on Tenant’s 's part and Tenant hereby grants Landlord the right to enter onto the Premises in order to carry out such performance. Landlord’s 's election to make the payment or perform the act on Tenant’s 's part shall not give rise to any responsibility of Landlord to continue making the same or similar payments or performing the same or similar acts nor shall Landlord be responsible to Tenant for any damage caused to Tenant as the result of such performance by Landlord. Tenant shall, promptly upon demand by Landlord, reimburse Landlord for all reasonable sums paid by Landlord and all necessary incidental costs, together with interest at the per annum rate of ten percent (10%) not to exceed the maximum rate permitted by law from the date of the payment by Landlord. Landlord shall provide Tenant with written notice and the appropriate cure period provided in this Lease before performing any act on behalf of Tenant.

Appears in 1 contract

Samples: Lease (Prometheus Laboratories Inc)

RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under this Lease shall be performed at Tenant’s sole cost and expense and without any abatement of rent or right of set-offoff (except as otherwise expressly provided in this Lease). If Tenant fails to pay any sum of money due under this Leasemoney, other than rent payable to Landlord, or fails to perform any other act on its part to be performed under this Lease, and the failure continues beyond any applicable grace period set forth in Section 14.1, then in addition to any other available remedies, Landlord may, at its election make the payment or perform the other act on Tenant’s part and Tenant hereby grants Landlord the right to enter onto the Premises in order to carry out such performance. Landlord’s election to make the payment or perform the act on Tenant’s part shall not give rise to any responsibility of Landlord to continue making the same or similar payments or performing the same or similar acts nor shall Landlord be responsible to Tenant for any damage caused to Tenant as the result of such performance by Landlord. Tenant shall, promptly upon demand by Landlord, reimburse Landlord for all reasonable sums paid by Landlord and all necessary incidental costs, together with interest at the per annum rate of ten percent (10%) not to exceed the maximum rate permitted by law from the date of the payment by Landlord. Landlord shall provide Tenant with written notice and the appropriate cure period provided in this Lease before performing any act on behalf of Tenant.

Appears in 1 contract

Samples: Lease (AutoTrader Group, Inc.)

RIGHT OF LANDLORD TO PERFORM. 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 's sole cost and expense and without any abatement of rent or right of set-offrent. If Tenant fails shall fail to pay any sum of money due under this Leasemoney, other than rent payable rent, required to Landlord, be paid by it hereunder or fails shall fail to perform any other act on its part to be performed under this Leasehereunder, or to provide any insurance or evidence of insurance to be provided by Tenant, and the such failure continues shall continue beyond any applicable grace period set forth in Section 14.113.1, then in addition to any other available remediesremedies provided herein, Landlord may, at its election but shall not be obligated so to do, and without waiving or releasing Tenant from any obligations of Tenant, make the any such payment or perform the other any such act on Tenant’s 's part and Tenant hereby grants Landlord the right to enter onto the Premises be made or performed as provided in order this Lease or to carry out provide such performanceinsurance. Landlord’s election to make the Any payment or perform performance of any act or the act provision of any such insurance by Landlord on Tenant’s part 's behalf shall not give rise to any responsibility of Landlord to continue making the same or similar payments or performing the same or similar acts nor shall Landlord be responsible to Tenant for any damage caused to Tenant as the result of such performance by Landlordacts. Tenant shallAll costs, promptly upon demand by Landlord, reimburse Landlord for all reasonable expenses and other sums incurred or paid by Landlord and all necessary incidental costsin connection therewith, together with interest at the per annum rate of ten percent (10%) not to exceed the maximum rate permitted by law from the date incurred or paid by Landlord shall be deemed to be additional rent hereunder and shall be paid by Tenant with and at the same time as the next monthly installment of basic annual rent hereunder, and any default therein shall constitute a breach of the payment by Landlord. Landlord shall provide Tenant with written notice covenants and the appropriate cure period provided in conditions of this Lease before performing any act on behalf of TenantLease.

Appears in 1 contract

Samples: DVD Express Inc

RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under this Lease shall be performed at Tenant’s 's sole cost and expense and without any abatement of rent or right of set-off. If Tenant fails to pay any sum of money due under this Leasemoney, other than rent payable to Landlord, or fails to perform any other act on its part to be performed under this Lease, and the failure continues beyond any applicable grace period set forth in Section 14.1, then in addition to any other available remedies, Landlord may, at its election make the payment or perform the other act on Tenant’s 's part and Tenant hereby grants Landlord the right to enter onto the Premises in order to carry out such performance. Landlord’s 's election to make the payment or perform the act on Tenant’s 's part shall not give rise to any xx xxx responsibility of Landlord to continue making the same or similar payments or performing the same or similar acts nor shall Landlord be responsible to Tenant for any damage caused to Tenant as the result of such performance by Landlord. Tenant shall, promptly upon demand by Landlord, reimburse Landlord for all reasonable sums paid by Landlord and all necessary incidental costs, together with interest at the per annum rate of ten percent (10%) not to exceed the maximum rate permitted by law permittxx xx xxw from the date of the payment by Landlord. Landlord shall provide Tenant with written notice and the appropriate cure period provided in this Lease before performing any act on behalf of Tenant.

Appears in 1 contract

Samples: Lease (California Micro Devices Corp)

RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under this Lease shall be performed at Tenant’s sole cost and expense and without any abatement of rent or right of set-off. If Tenant fails to pay any sum of money due under this Leasemoney, other than rent payable to Landlord, or fails to perform any other act on its part to be performed under this Lease, and the failure continues beyond any applicable grace period set forth in Section 14.1, then in addition to any other available remedies, Landlord may, at its election make the payment or perform the other act on Tenant’s part and Tenant hereby grants Landlord the right to enter onto the Premises in order to carry out such performance. Landlord’s election to make the payment or perform the act on Tenant’s part shall not give rise to any responsibility of Landlord to continue making the same or similar payments or performing the same or similar acts nor shall Landlord be responsible to Tenant for any damage caused to Tenant as the result of such performance by Landlord. , Tenant shall, promptly upon demand by Landlord, reimburse Landlord for all reasonable sums paid by Landlord and all necessary incidental costs, together with interest at the per annum rate of ten percent (10%) not to exceed the maximum rate permitted by law from the date of the payment by Landlord. Landlord shall provide Tenant with written notice and the appropriate cure period provided in this Lease before performing any act on behalf of Tenant.

Appears in 1 contract

Samples: Lease (Mirion Technologies, Inc.)

RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under this Lease shall be performed at Tenant’s 's sole cost and expense and without any abatement of rent or right of set-off. If Tenant fails to pay any sum of money due under this Leasemoney, other than rent payable to Landlord, or fails to perform any other act on its part to be performed under this Lease, and the failure continues beyond any applicable grace period set forth in Section 14.1, then in addition to any other available remedies, Landlord may, at its election make the payment or perform the other act on Tenant’s 's part and Tenant hereby grants Landlord the right to enter onto the Premises in order to carry out such performance. Landlord’s 's election to make the payment or perform the act on Tenant’s 's part shall not give rise to any responsibility of Landlord to continue making the same or similar payments or performing the same or similar acts nor shall Landlord be responsible to Tenant for any damage caused to Tenant as the result of such performance by Landlord. Tenant shall, promptly upon demand by within thirty (30) days of invoicing from Landlord, reimburse Landlord for all reasonable sums paid by Landlord and all necessary incidental costs, together with interest at the per annum maximum rate of permitted by law (not to exceed ten percent (10%) not to exceed the maximum rate permitted by law per annum) from the date of the payment by Landlord. Landlord shall provide Tenant with written notice and the appropriate cure period provided in this Lease before performing any act on behalf of Tenant.

Appears in 1 contract

Samples: Lease (Endocare Inc)

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RIGHT OF LANDLORD TO PERFORM. 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 's sole cost and expense and without any abatement of rent or right of set-offRent. If Tenant fails shall fail to pay any sum of money due under this Lease, (other than rent payable Rent due Landlord) required to Landlord, be paid by it hereunder or fails shall fail to perform any other act on its part to be performed hereunder, including; but not limited to, the failure to commence and complete repairs promptly and adequately, and the failure to remove any liens or otherwise to perform any act or fulfill any obligation required of Tenant under this Lease, and the failure continues beyond any applicable grace period set forth in Section 14.1, then in addition to any other available remedies, Landlord may, at its election but shall not be obligated to, and without waiving or releasing Tenant from any obligations of Tenant, make the any such payment or perform the other any such act on Tenant’s 's part and Tenant hereby grants Landlord the right to enter onto the Premises be made or performed as in order to carry out such performancethis Lease provided. Landlord’s election to make the payment or perform the act on Tenant’s part shall not give rise to any responsibility of Landlord to continue making the same or similar payments or performing the same or similar acts nor shall Landlord be responsible to Tenant for any damage caused to Tenant as the result of such performance by Landlord. Tenant shall, promptly upon demand by Landlord, reimburse Landlord for all reasonable All sums so paid by Landlord and all necessary incidental costs, together with interest at the per annum rate of ten an administrative overhead charge equal to twenty percent (1020%) not to exceed the maximum rate permitted by law from the date of the payment actual costs incurred, shall be payable to Landlord by LandlordTenant as Rent on demand and Tenant covenants to pay all such sums. Landlord shall provide have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of Tenant's nonpayment of such sums, as in the case of default by Tenant with written in the payment of Rent to Landlord. Notwithstanding the foregoing, except in the case of an emergency, Landlord agrees not to perform for Tenant's account until the expiration of all applicable notice and the appropriate cure period provided periods referenced in Section 14.1 of this Lease before performing any act on behalf of TenantLease.

Appears in 1 contract

Samples: Stanford Telecommunications Inc

RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under this Lease shall be performed at Tenant’s sole cost and expense and without any abatement of rent or right of set-off. If Tenant fails to pay any sum of money due under this Leasemoney, other than rent payable to Landlord, or fails to perform any other act on its part to be performed under this Lease, and the failure continues beyond any applicable grace period set forth in Section 14.1, then in addition to any other available remedies, Landlord may, at its election make the payment or perform the other act on Tenant’s part and Tenant hereby grants Landlord the right to enter onto the Premises in order to carry out such performance. Landlord’s election to make the payment or perform the act on Tenant’s part shall not give rise to any responsibility of Landlord to continue making the same or similar payments or performing the same or similar acts nor shall Landlord be responsible to Tenant for any damage caused to Tenant as the result of such performance by Landlord. Tenant shall, promptly upon demand by Landlord, reimburse Landlord for all reasonable sums paid by Landlord and all necessary incidental costs, together with interest at the lesser of (i) the per annum rate of ten percent (10%) not to exceed or (ii) the maximum rate permitted by law from the date of the payment by Landlord. Landlord shall provide Tenant with written notice and the appropriate cure period provided in this Lease before performing any act on behalf of Tenant.

Appears in 1 contract

Samples: Lease (Biolase Technology Inc)

RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under this Lease shall be performed at Tenant’s sole cost and expense and without any abatement of rent or right of set-off. If Tenant fails to pay any sum of money due under this Leasemoney, other than rent payable to Landlord, or fails to perform any other act on its part to be performed under this Lease, and the failure continues beyond any applicable grace period set forth in Section 14.1, then in addition to any other available remedies, Landlord may, at its election make the payment or perform the other act on Tenant’s part and Tenant hereby grants Landlord the right to enter onto the Premises in order to carry out such performance. Landlord’s election to make the payment or perform the act on Tenant’s part shall not give rise to any responsibility of Landlord to continue making the same or similar payments or performing the same or similar acts nor shall Landlord be responsible to Tenant for any damage caused to Tenant as the result of such performance by Landlord. Tenant shall, promptly upon demand by Landlord, reimburse Landlord for all reasonable sums reasonably paid by Landlord and all necessary incidental costs, together with interest at the per annum rate of ten percent (10%) not to exceed the maximum rate permitted by law from the date of the payment by Landlord. Landlord shall provide Tenant with written notice and the appropriate cure period provided in this Lease before performing any act on behalf of Tenant.

Appears in 1 contract

Samples: Lease (Micrus Endovascular Corp)

RIGHT OF LANDLORD TO PERFORM. 22. 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 's sole cost and expense and without any abatement of rent or right of set-offexcept as otherwise provided herein. If Tenant fails shall fail to perform any acts, covenants or agreements to be performed by Tenant under any of the terms of this Lease or to pay any sum of money due under this Leasemoney, other than rent payable to Landlordrent, or fails to perform any other act on its part required to be performed under this Leasepaid by it hereunder, and such failure shall not be cured by Tenant within the failure continues beyond any applicable grace period set forth in Section 14.1, then in addition to any other available remediestime periods prescribed under Paragraph 18 hereof after notice thereof by Landlord, Landlord may, at its election but shall not be obligated so to do, and without waiving or releasing Tenant from any obligations of Tenant, make the any such payment or perform the other act any such act, covenant or agreement on Tenant’s 's part and Tenant hereby grants Landlord the right to enter onto the Premises be made or performed as in order to carry out such performancethis Lease provided. Landlord’s election to make the payment or perform the act on Tenant’s part shall not give rise to any responsibility of Landlord to continue making the same or similar payments or performing the same or similar acts nor shall Landlord be responsible to Tenant for any damage caused to Tenant as the result of such performance by Landlord. Tenant shall, promptly upon demand by Landlord, reimburse Landlord for all reasonable All sums so paid by Landlord or costs related to Landlord's performance of such acts, covenants or agreements and all necessary incidental costs, together with interest thereon at the per annum rate of ten percent (10%) not to exceed the maximum rate permitted by law Agreed Interest Rate as defined in Paragraph 8 hereof from the date of the such payment by Landlord. , shall be payable as additional rent to Landlord on demand, and Tenant covenants to pay any such sums, and Landlord shall provide have, in addition to any other right or remedy of the Landlord, the same rights and remedies in the event of nonpayment thereof by Tenant with written notice and as in the appropriate cure period provided case of default by Tenant in this Lease before performing any act on behalf the payment of Tenantthe rent.

Appears in 1 contract

Samples: Office Lease Agreement (Ultimate Software Group Inc)

RIGHT OF LANDLORD TO PERFORM. All covenants and agreements to be performed by Tenant under this Lease shall be performed at Tenant’s sole cost and expense and without any abatement of rent or right of set-off. If Tenant fails to pay any sum of money due under this Leasemoney, other than rent payable to Landlord, or fails to perform any other act on its part to be performed under this Lease, and the failure continues beyond any applicable grace period set forth in Section 14.1, then in addition to any other available remedies, Landlord may, at its election make the payment or perform the other act on Tenant’s part and Tenant hereby grants Landlord the right to enter onto the Premises in order to carry out such performance. Landlord’s election to make the payment or perform the act on Tenant’s part shall not give rise to any responsibility of Landlord to continue making the same or similar payments or performing the same or similar acts nor shall Landlord be responsible to Tenant for any damage caused to Tenant as the result of such performance by Landlord. Tenant shall, promptly upon demand by Landlord, reimburse Landlord for all reasonable sums paid by Landlord and all necessary incidental costs, together with interest at the per annum rate of ten percent (10%) not to exceed the maximum rate permitted by law from the date of the payment by Landlord. Landlord shall provide Tenant with written notice and the appropriate cure period provided in this Lease before performing any act on behalf of Tenant.

Appears in 1 contract

Samples: Lease (Bakbone Software Inc)

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