Common use of Landlord’s Right to Perform Tenant’s Covenants Clause in Contracts

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

Appears in 1 contract

Samples: Consulting Agreement (Simpson Manufacturing Co Inc /Ca/)

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

Appears in 1 contract

Samples: Lease (Claria Corp)

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

Appears in 1 contract

Samples: Tenant Improvement Agreement (BigBand Networks, Inc.)

Landlord’s Right to Perform Tenant’s Covenants. If Tenant shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease after and such failure continues beyond any applicable notice and cure periods if applicableperiod set forth herein, Landlord may, but shall not be obligated toto and without waiving or releasing Tenant from any obligation of Tenant under this Lease, upon written notice to Tenant, make the such payment or perform any such other act to the extent Landlord may deem desirable anddesirable, and in connection therewith, pay expenses and employ counsel. Any payment or performance by Landlord shall not waive or release Tenant from any obligations of Tenant under this Lease. All sums so paid by Landlord, Landlord and all penalties, interest and costs in connection therewith, therewith shall be due and payable by Tenant on the fifth within three (3) business day days after notice of any such payment by Landlord, together with interest thereon at the Interest Rate, interest rate provided in Paragraph 26.2 from that such date to the date of payment thereof by Tenant to Landlord, plus collection costs and attorneys’ reasonable attorneys ‘ fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of default in the payment of Base RentRent beyond any applicable notice and cure period.

Appears in 1 contract

Samples: Lease (Cardiva Medical, Inc.)

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

Appears in 1 contract

Samples: Lease (Supportsoft Inc)

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