Common use of Right to Perform Clause in Contracts

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

Appears in 7 contracts

Samples: Office Lease (Rosetta Inpharmatics Inc), Lease (Integrated Information Systems Inc), Gross Lease (Lightbridge Inc)

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

Appears in 4 contracts

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

Right to Perform. If Tenant shall fail to pay any sum of money, other than Base Rent or Additional Rent, required to be paid by it under this Lease or shall fail to perform any other act on its part to be performed under this Lease, and such failure shall continue for ten (10) Business Days after notice of such failure by Landlord, or such shorter time if reasonable under the circumstances, Landlord may, but shall not be obligated to, and without waiving or releasing Tenant from any obligations of Tenant, make such payment or perform such other act on Tenant's part to be made or performed as provided in this Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this paragraph as in the case of default by Tenant in the payment of Base Rent.. 5.4

Appears in 3 contracts

Samples: Letter and Construction Agreement (Childrens Place Retail Stores Inc), Letter and Construction Agreement (Oakley Inc), Agave Corporate Center (Dynamic Biometric Systems, Inc.)

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

Appears in 2 contracts

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

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

Appears in 2 contracts

Samples: First Lease Addendum (Smartsheet Inc), Office Lease Exhibits (Smartsheet Inc)

Right to Perform. If Tenant shall fail to pay any sum of money, other than Base Rent or Additional Rent, required to be paid by it under this Lease or shall fail to perform any other act on its part to be performed under this Lease, and such failure shall continue for ten (10) Business Days after notice of such failure by Landlord, or such shorter time in the event of an emergency and/or if reasonable under the circumstancesnecessary to prevent damage to persons or property as determined by Landlord acting in good faith, Landlord may, but shall not be obligated to, and without waiving or releasing Tenant from any obligations of Tenant, make such payment or perform such other act on Tenant's ’s part to be made or performed as provided in this Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this paragraph as in the case of default by Tenant in the payment of Base Rent.

Appears in 2 contracts

Samples: Lease (Endurance International Group Holdings, Inc.), Lease (Endurance International Group Holdings, Inc.)

Right to Perform. If Tenant shall fail to pay any sum of money, other than Base Rent or Additional Rent, required to be paid by it under this Lease or shall fail to perform any other act on its part to be performed under this Lease, and such failure shall continue for ten (10) Business Days beyond any applicable notice and cure period after notice of such failure by Landlord, or such shorter time if reasonable under the circumstances, Landlord may, but shall not be obligated to, and without waiving or releasing Tenant from any obligations of Tenant, make such payment or perform such other act on Tenant's ’s part to be made or performed as provided in this Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this paragraph 5.3 as in the case of default by Tenant in the payment of Base Rent.

Appears in 2 contracts

Samples: Work Agreement (Opower, Inc.), Work Agreement (Opower, Inc.)

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

Appears in 2 contracts

Samples: Lease Agreement (Maxxis Group Inc), Lease Agreement (Maxxis Group Inc)

Right to Perform. If Tenant shall fail to pay any sum of money, other than Base Rent or Additional Rent, required to be paid by it under this Lease or shall fail to perform any other act on its part to be performed under this Lease, and such failure shall continue for ten (10) Business Days after written notice of such failure by Landlord, or such shorter time if reasonable under the circumstances, Landlord may, but shall not be obligated to, and without waiving or releasing Tenant from any obligations of Tenant, make such payment or perform such other act on Tenant's ’s part to be made or performed as provided in this Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this paragraph Section 5.3 as in the case of default by Tenant in the payment of Base Rent.

Appears in 2 contracts

Samples: Gross Lease (Akcea Therapeutics, Inc.), Office Lease (Mannkind Corp)

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

Appears in 2 contracts

Samples: Office Lease (Audentes Therapeutics, Inc.), Office Lease (Audentes Therapeutics, Inc.)

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

Appears in 2 contracts

Samples: Lease (PharMEDium Healthcare Holdings, Inc.), 405 Corporate Center (HouseValues, Inc.)

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

Appears in 1 contract

Samples: Office Lease (Onepoint Communications Corp /De)

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

Appears in 1 contract

Samples: Lease (Integrated Financial Systems Inc)

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

Appears in 1 contract

Samples: First Lease Addendum (Smartsheet Inc)

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

Appears in 1 contract

Samples: Lease (Mattersight Corp)

Right to Perform. If Tenant shall fail fails to pay any sum of money, other than Base Rent or Additional Rentrent, required to be paid by it under this Lease hereunder or shall fail fails to perform any other act on its part to be performed under this Leasehereunder, and such failure shall continue continues for ten five (105) Business Days business days after written notice of such failure thereof by Landlord, or such shorter time if reasonable under the circumstances, Landlord may, but shall not be obligated toso to do, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as provided in this Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this paragraph section as in the case of default by Tenant in the payment of Base Rentrent.

Appears in 1 contract

Samples: Lease Agreement (Stamps Com Inc)

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

Appears in 1 contract

Samples: First Lease Addendum (Smartsheet Inc)

Right to Perform. If Tenant shall fail to pay any sum of money, other than Base Rent or Rent, Additional Rent, or Additional Tenant Improvement Rent required to be paid by it under this Lease or shall fail to perform any other act on its part to be performed under this Lease, and such failure shall continue for ten fifteen (1015) Business Days after notice of such failure by Landlord, or such shorter time if reasonable necessary under the circumstances, Landlord may, but shall not be obligated to, and without waiving or releasing Tenant from any obligations of Tenant, make such payment or perform such other act on Tenant's part to be made or performed as provided in this Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this paragraph as in the case of default by Tenant in the payment of Base Rent.

Appears in 1 contract

Samples: Lease (Integrated Measurement Systems Inc /Or/)

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

Appears in 1 contract

Samples: Lease Agreement (Software Spectrum Inc)

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

Appears in 1 contract

Samples: Lease (Integrated Information Systems Inc)

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Right to Perform. If Tenant shall fail to pay any sum of money, other than Base Rent or Additional Rent, required to be paid by it under this Lease or shall fail to perform any other act on its part to be performed under this Lease, and such failure shall continue for ten (10) Business Days after beyond the applicable notice of such failure by Landlord, or such shorter time if reasonable under the circumstancesand cure period set forth in Section 5.1.1, Landlord maymay (subject to the terms of Section 4.2 above), but shall not be obligated to, and without waiving or releasing Tenant from any obligations of Tenant, make such payment or perform such other act on Tenant's ’s part to be made or performed as provided in this Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this paragraph Section 5.3 as in the case of default by Tenant in the payment of Base Rent.

Appears in 1 contract

Samples: Office Lease (Kythera Biopharmaceuticals Inc)

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

Appears in 1 contract

Samples: Deed of Lease (Digex Inc/De)

Right to Perform. If Tenant shall fail to pay any sum of money, other than Base Rent or Additional Rent, required to be paid by it under this Lease or shall fail to perform any other act on its part to be performed under this Lease, and such failure shall continue for ten fifteen (1015) Business Days calendar days after notice of such failure by Landlord, or such shorter time if reasonable under the circumstances, Landlord may, but shall not be obligated to, and without waiving or releasing Tenant from any obligations of Tenant, make such payment or perform such other act on Tenant's ’s part to be made or performed as provided in this Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this paragraph as in the case of default by Tenant in the payment of Base Rent.

Appears in 1 contract

Samples: Office Lease (Cephalon Inc)

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

Appears in 1 contract

Samples: Lease (Netlibrary Inc)

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

Appears in 1 contract

Samples: Office Lease Exhibits (Smartsheet Inc)

Right to Perform. If Tenant shall fail fails to pay any sum of money, other than Base Rent or Additional Rentrent, required to be paid by it under this Lease hereunder or shall fail fails to perform any other act on its part to be performed under this Leasehereunder, and such failure shall continue continues for ten five (105) Business Days business days after notice of such failure thereof by Landlord, or such shorter time if reasonable under the circumstances, Landlord may, but shall not be obligated toso to do, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as provided in this Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this paragraph section as in the case of default by Tenant in the payment of Base Rentrent.

Appears in 1 contract

Samples: Lease Agreement (Interactive Objects Inc)

Right to Perform. If Tenant shall fail to pay any sum of money, other than Base Rent or and Additional Rent, required to be paid by it under this Lease hereunder or shall fail to perform any other act on its part to be performed under this Leasehereunder, and such failure shall continue for ten (10) Business Days days after notice of such failure thereof by Landlord, or such shorter time if reasonable under the circumstances, Landlord may, but shall not be obligated toso to do, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on 0xx Xxxxx Lease Tenant's ’s part to be made or performed as provided in this Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this paragraph Section as in the case of default by Tenant in the payment of Base Rent.

Appears in 1 contract

Samples: First Lease Addendum (Smartsheet Inc)

Right to Perform. If Tenant shall fail to pay any sum of money, other than Base Rent or Additional Rent, required to be paid by it under this Lease or shall fail to perform any other act on its part to be performed under this Lease, Lease and such failure shall continue for ten (10) Business Days after notice of such failure by Landlord, or such shorter time if reasonable under the circumstancescircumstances to prevent injury to persons or property, Landlord may, but shall not be obligated to, and without waiving or releasing Tenant from any obligations of Tenant, make such payment or perform such other act on Tenant's ’s part to be made or performed as provided in this Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this paragraph as in the case of default by Tenant in the payment of Base Rent.

Appears in 1 contract

Samples: Gross Lease (TNS Inc)

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

Appears in 1 contract

Samples: Lease Agreement (Infowave Software Inc)

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

Appears in 1 contract

Samples: Office Lease (Cephalon Inc)

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

Appears in 1 contract

Samples: Sublease Agreement (Mercata Inc)

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

Appears in 1 contract

Samples: Lease Agreement (Synchronoss Technologies Inc)

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