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, and such failure shall continue after the expiration of any applicable grace or cure periods provided in this Lease, Landlord may, but shall not be obligated to and without waiving or releasing Tenant from any obligation of Tenant under this Lease, make such payment or perform such other act to the extent Landlord may deem desirable, and in connection therewith, pay expenses and employ counsel. All sums so paid by Landlord and all penalties, interest and costs in connection therewith shall be due and payable by Tenant on the next day after any such payment by Landlord, together with interest thereon at the Interest Rate from such date to the date of payment 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 Rent.

Appears in 3 contracts

Samples: Lease (Fogdog Inc), Lease (Ampex Corp /De/), Ampex Corp /De/

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Landlord’s Right to Perform Tenant’s Covenants. If Tenant shall at any time fail fails to make any payment or perform any other act on its part to be made or performed under this Lease, and such failure shall continue after the expiration of any applicable grace or cure periods provided in this Lease, Landlord may, but shall not be obligated to and without waiving or releasing Tenant from any obligation of Tenant under this Lease, make such payment or perform such other act to the extent Landlord may deem desirable, and in connection therewith, pay expenses and employ counsel. All sums so paid by Landlord and all penalties, interest and costs in connection therewith shall be due and payable by Tenant on the next day after any such payment upon receipt of written demand by Landlord, together with interest thereon at the Interest Rate from such the date Tenant receives Landlord's written demand to the date of payment 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 Rent.

Appears in 3 contracts

Samples: Media Arts Group Inc, Media Arts Group Inc, Media Arts Group 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, and such failure shall continue after the expiration of any applicable grace or cure periods provided in this Lease, Landlord may, but shall not be obligated to and without waiving or releasing Tenant from any obligation of Tenant under this Lease, make such payment or perform such other act to the extent Landlord may deem desirable, and in connection therewith, pay expenses and employ counsel. All sums so paid by Landlord and all penalties, interest and costs in connection therewith shall be due and payable by Tenant on the next day after any such payment by Landlord, together with interest thereon at the Interest Rate from such date to the date of payment 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 Rent.

Appears in 2 contracts

Samples: Lease (C Cube Microsystems Inc), Lease (Cruel World 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, and such failure shall continue after the expiration of any applicable grace or cure periods provided in this Lease, Landlord may, but shall not be obligated to and without waiving or releasing Tenant from any obligation of Tenant under this Lease, make such payment or perform such other act to the extent Landlord may deem desirable, and in connection therewith, pay expenses and employ counsel. All sums so paid by Landlord and all penalties, interest and costs in connection therewith shall be due and payable by Tenant on the next day after any such payment by Landlord, together with interest thereon at the Interest Rate from such date to the date of payment 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 Rent.

Appears in 2 contracts

Samples: Lease (Pasw Inc), Lease (VirnetX Holding Corp)

Landlord’s Right to Perform Tenant’s Covenants. If Tenant shall at any time fail fails to make any payment or perform any other act on its part to be made or performed under this Lease, and such failure shall continue after the expiration of any applicable grace or cure periods notice as provided in this LeaseSection 24, Landlord may, but shall not be obligated to and without waiving or releasing Tenant from any obligation of Tenant under this Lease, make such payment or perform such other act to the extent Landlord may deem desirable, and in connection therewith, pay expenses and employ counsel. All sums so paid by Landlord and all penalties, interest and costs in connection therewith shall be due and payable by Tenant on the next day after any such payment upon receipt of written demand by Landlord, together with interest thereon at the Interest Rate from such the date Tenant receives Landlord’s written demand to the date of payment by Tenant to Landlord, plus collection costs and attorneys' attorney’s fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of default in the payment of Rent.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Go Daddy Group, Inc.), Lease (Go Daddy Group, 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, and such failure shall continue after the expiration of any applicable grace or cure periods provided in this Lease, Landlord may, but shall not be obligated to and without waiving or releasing Tenant from any obligation of Tenant under this Lease, upon written notice to Tenant, make such payment or perform such other act to the extent Landlord may deem desirable, and in connection therewith, pay expenses and employ counsel. All sums so paid by Landlord and all penalties, interest and costs in connection therewith shall be due and payable by Tenant on the next day after any such payment by Landlord, together with interest thereon at the Interest Rate from such date to the date of payment 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 Rent.

Appears in 2 contracts

Samples: Hiway Technologies Inc, Tvia Inc

Landlord’s Right to Perform Tenant’s Covenants. If Tenant shall covenants and agrees that if it shall, at any time time, fail to make any payment or perform any obligation, agreement or other act on its part to be made or performed under this Leasehereunder, and such failure shall continue after the expiration of any applicable grace or cure periods provided in this Lease, then Landlord may, may (but shall not be obligated so to do), without further demand upon Tenant and without waiving or releasing Tenant from any obligation of Tenant Landlord's rights under this Lease, make such payment or perform such obligation, agreement or other act to the extent Landlord may deem desirable, and in connection therewith, pay expenses and employ counselact. All sums so paid by Landlord Landlord, and all penalties, interest necessary and incidental costs and expenses (including reasonable attorneys' fees) in connection therewith shall be due and payable with the performance of any act by Tenant on Landlord as provided in the next day after any such payment by Landlordpreceding sentence, together with interest thereon thereon, at the Interest Rate from such date Default Rate, shall be deemed Additional Rent and shall be payable to the date of payment by Tenant to LandlordLandlord on demand, plus collection costs and attorneys' fees. Landlord shall have the same rights and remedies for in the event of nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent.

Appears in 1 contract

Samples: Lease and Option Agreement (Workflow Management 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, and such failure shall continue after the expiration of any applicable grace or cure periods provided in this Lease, Landlord may, but shall not be obligated to and without waiving or releasing Tenant from any obligation of Tenant under this Leaseto, make such the payment or perform such any other act to the extent Landlord may deem desirabledesirable and, 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 next day after any such payment by Landlord, together with interest thereon at the Interest Rate Rate, from such 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 Rent.

Appears in 1 contract

Samples: Ibeam Broadcasting Corp

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Landlord’s Right to Perform Tenant’s Covenants. If Tenant shall at any time fail fails to make any payment or perform any other act on its part to be made or performed under this Lease, and such failure shall continue after the expiration of any applicable grace or cure periods notice as provided in this LeaseSection 24, Landlord may, but shall not be obligated to and without waiving or releasing Tenant from any obligation of Tenant under this Lease, make such payment or perform such other act to the extent Landlord may deem desirable, and in connection therewith, pay expenses and employ counsel. All sums so paid by Landlord and all penalties, interest and costs in connection therewith shall be due and payable by Tenant on the next day after any such payment upon receipt of written demand by Landlord, together with interest thereon at the Interest Rate from such the date Tenant receives Landlord’s written demand to the date of payment by Tenant to Landlord, plus collection costs and attorneys' attorney’s fees. Landlord shall have the same rights and remedies for the nonpayment thereof as in the case of default in the payment of Rent. 31.

Appears in 1 contract

Samples: Purchase and Sale Agreement

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, and such failure shall continue after the expiration of any applicable grace or cure periods provided in this Lease, Landlord may, but shall not be obligated to and without waiving or releasing Tenant from any obligation of Tenant under this Lease, upon written notice to Tenant, make such payment or perform such other act to the extent Landlord may deem desirable, and in connection therewith, pay expenses and employ counsel. All sums so paid by Landlord and all penalties, interest and costs in connection therewith shall be due and payable by Tenant on the next day after any such payment by Landlord, together with interest thereon at the Interest Rate from such date to the date of payment 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 Rent.

Appears in 1 contract

Samples: Lease (Brooks Automation 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, and such failure shall continue after the expiration of any applicable grace or cure periods provided in this Lease, Landlord may, but shall not be obligated to and without waiving or releasing Tenant from any obligation of Tenant under this Lease, upon written notice to Tenant, make such payment or perform such other act to the extent Landlord may deem desirable, and in connection therewith, pay expenses and employ counsel. All sums so paid by Landlord and all penalties, interest and costs in connection therewith shall be due and payable by Tenant on the next day after any such payment by within [***] days of Landlord’s written demand therefor, together with interest thereon at the Interest Rate interest rate provided in Paragraph 25.2 from such date to the date of payment 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 Rent. *Portions of this exhibit have been excluded because it both (i) is not material and (ii) would be competitively harmful if publicly disclosed.

Appears in 1 contract

Samples: Outset Medical, Inc.

Landlord’s Right to Perform Tenant’s Covenants. If Tenant shall at any time fail fails to make any payment or perform any other act on its part to be made or performed under this Lease, and such failure shall continue after the expiration of any applicable grace or cure periods provided in this Lease, Landlord may, but shall not be obligated to and without waiving or releasing Tenant from any obligation of Tenant under this Lease, make such payment or perform such other act to the extent Landlord may deem desirable, and in connection therewith, pay expenses and employ counsel. All sums so paid by Landlord and all penalties, interest and costs in connection therewith shall be due and payable by Tenant on the next day after any such payment upon receipt of written demand by Landlord, together with interest thereon at the Interest Rate from such the date Tenant receives Landlord's written demand to the date of payment 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 Rent. 33.

Appears in 1 contract

Samples: Media Arts Group Inc

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