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

Landlord’s Right to Perform Tenant’s Covenants. If Tenant fails to make any payment or perform any other act on its part to be made or performed under this Lease, provided that Landlord has delivered to Tenant written notice and Tenant has failed to commence and diligently pursue such performance within ten (10) days of its receipt of such notice, 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 reasonably 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 upon receipt of written demand by Landlord, together with interest thereon at the Interest Rate from 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 1 contract

Samples: Lease (Vocera Communications, Inc.)

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Landlord’s Right to Perform Tenant’s Covenants. If Tenant fails 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, provided that Landlord has delivered to Tenant written notice Lease and Tenant has failed to commence and diligently pursue such performance within ten (10) days of its receipt of such failure continues beyond all applicable notice, grace and cure periods, then 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 reasonably deem desirabledesirable and, and in connection therewith, pay reasonable expenses and employ counselcounsel at reasonable rates. 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 and costs in connection therewith therewith, shall be due and bx xxx xxd payable by Tenant upon within ten (10) days after receipt of written demand by Landlord's invoice requesting payment, together with interest thereon at the Interest Rate Rate, from the that date Tenant receives Landlord’s written demand 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: Transact Technologies Inc

Landlord’s Right to Perform Tenant’s Covenants. If Tenant fails 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, provided that Landlord has delivered to Tenant written notice Lease and Tenant has failed to commence and diligently pursue does not cure such performance failure within ten the applicable cure period provided herein (10) days or such shorter period as Landlord may reasonably deem appropriate in the event of its receipt of such noticean emergency), 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 reasonably 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 upon receipt of written demand on the next day after any payment by Landlord, together with interest thereon at the Interest Rate Rate, from the that date Tenant receives Landlord’s written demand 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: Cafeteria License Agreement (Pc Tel Inc)

Landlord’s Right to Perform Tenant’s Covenants. If Tenant fails 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, provided that Landlord has delivered to Tenant written notice and Tenant has failed to commence and diligently pursue such performance within ten (10) days of its receipt of such notice, Landlord may, after delivery of reasonable prior written notice, 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 reasonably deem desirabledesirable and, and in connection therewith, pay expenses and employ counsel. Landlord's notice shall afford Tenant a reasonable opportunity to perform such obligations except in the event of an emergency where Landlord reasonably determines that prompt action is required. 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 upon receipt of written demand on the next day after any payment by Landlord, together with interest thereon at the Interest Rate Rate, from the that date Tenant receives Landlord’s written demand 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: Tenant Improvements Construction Agreement (Consilium Inc)

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Landlord’s Right to Perform Tenant’s Covenants. If Tenant fails to make any payment or perform any other act on its part to be made or performed under this Lease, provided that Landlord has delivered to Tenant written notice notice, and Tenant any applicable cure period has failed to commence and diligently pursue such performance within ten (10) days of its receipt of such noticeexpired, 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 reasonably 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 upon receipt of written demand on the next day after any such payment by Landlord, together with interest thereon at the Interest Rate from the such date Tenant receives Landlord’s written demand to the date of payment by Tenant to Landlordlandlord, plus collection costs and attorneys’ 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 Extension and Modification Agreement (Coast Bancorp)

Landlord’s Right to Perform Tenant’s Covenants. If Tenant fails 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, provided that Landlord has delivered to Tenant written notice Lease and Tenant has failed to commence and diligently pursue such performance within ten (10) days of its receipt of such noticeall cure periods have lapsed, 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 reasonably deem desirable, and in connection therewith, pay expenses and employ counsel. Landlord shall give Tenant reasonable prior notice of its intention to perform Tenant's covenants hereunder. All sums so paid by Landlord and all penalties, interest and costs in connection therewith shall be due and payable by Tenant upon receipt of written demand on the next day after any such payment by Landlord, together with interest thereon at the Interest Rate from the such date Tenant receives Landlord’s written demand 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: Brightpoint Inc

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