Performance by Landlord. If Tenant fails to perform any obligation required under this Lease or by law or governmental regulation and Tenant is not disputing such law or governmental regulation in accordance with the terms of this Lease, Landlord, in its sole discretion may without notice and without releasing Tenant from its obligations hereunder or waiving any rights or remedies, perform such obligation, in which event Tenant shall pay Landlord as additional rent all sums reasonably paid by Landlord in connection with such substitute performance including interest as provided in Article 48.C below within thirty (30) days following Landlord's written notice for such payment.
Appears in 2 contracts
Samples: Komag Inc /De/, Komag Inc /De/
Performance by Landlord. If Tenant fails to perform any obligation required under this Lease or by law or governmental regulation and Tenant is not disputing such law or governmental regulation in accordance with the terms of this Leaseregulation, Landlord, Landlord in its sole discretion may may, following notice and expiration of the applicable cure period, without notice waiving any rights or remedies and without releasing Tenant from its obligations hereunder or waiving any rights or remedieshereunder, perform such obligation, in which event Tenant shall pay Landlord as additional rent all sums reasonably paid by Landlord in connection with such substitute performance performance, including interest as provided in Article 48.C below at the Agreed Interest Rate within thirty (30) days following of Landlord's ’s written notice for such payment.
Appears in 2 contracts
Samples: Commencement Agreement (Guidewire Software, Inc.), Commencement Agreement (NeurogesX Inc)
Performance by Landlord. If Tenant fails to perform any obligation required under this Lease or by law or governmental regulation and Tenant is not disputing such law or governmental regulation in accordance with the terms of this Leaseregulation, Landlord, Landlord in its sole discretion may may, without notice notice, without waiving any rights or remedies and without releasing Tenant from its obligations hereunder or waiving any rights or remedieshereunder, perform such obligation, in which event Tenant shall pay Landlord as additional rent all sums reasonably paid by Landlord in connection with such substitute performance performance, including interest at the Agreed Interest Rate (as provided defined in Article 48.C below Section 19.J) within thirty ten (3010) days following of Landlord's written notice for such payment.
Appears in 2 contracts
Samples: Telocity Inc, Telocity Inc
Performance by Landlord. If Tenant fails to perform any obligation required under this Lease or by law or governmental regulation and Tenant is not disputing such law or governmental regulation in accordance with the terms of this Leaseregulation, Landlord, Landlord in its sole discretion may may, without notice notice, without waiving any rights or remedies and without releasing Tenant from its obligations hereunder or waiving any rights or remedieshereunder, perform such obligation, in which event Tenant shall pay Landlord as additional rent all reasonable sums reasonably paid by Landlord in connection with such substitute performance performance, including interest at the Agreed Interest Rate (as provided defined in Article 48.C below Section 19.J) within thirty ten (3010) business days following of Landlord's written notice for such payment.
Appears in 2 contracts
Samples: Lease Agreement (Broadcom Corp), Lease Agreement (Broadcom Corp)
Performance by Landlord. If Tenant fails to perform any obligation required under this Lease or by law or governmental regulation and Tenant is not disputing such law or governmental regulation in accordance with the terms of this Leaseregulation, Landlord, Landlord in its sole discretion may without notice and without releasing Tenant from its obligations hereunder or waiving any rights or remedies, perform such obligation, in which event Tenant shall pay Landlord as additional rent all sums reasonably paid by Landlord in connection with such substitute performance including interest as provided in Article 48.C paragraph 44(D) below within thirty ten (3010) days following Landlord's written notice for such payment.
Appears in 1 contract
Samples: Common and Maintenance Agreement (Annuncio Software Inc)
Performance by Landlord. If Tenant fails to perform any obligation required under this Lease or by law or governmental regulation after the expiration of any applicable notice and Tenant is not disputing such law or governmental regulation in accordance with the terms of this Leasecure period, Landlord, Landlord in its sole discretion may without notice and without releasing Tenant from its obligations hereunder or waiving any rights or remedies, perform such obligation, in which event Tenant shall pay Landlord as additional rent all sums reasonably paid by Landlord in connection with such substitute performance including interest as provided in Article 48.C below within thirty ten (3010) days following receipt of Landlord's ’s written notice invoice for such payment.
Appears in 1 contract
Samples: Affymetrix Inc
Performance by Landlord. If Tenant fails to perform any obligation required under this Lease or by law or governmental regulation and Tenant is not disputing such law or governmental regulation in accordance with the terms of this Leaseregulation, Landlord, Landlord in its sole discretion may without notice and without releasing Tenant from its obligations hereunder or waiving any rights or remedies, perform such obligation, in which event Tenant shall pay Landlord as additional rent all sums reasonably paid by Landlord in connection with such substitute performance including interest as provided in Article 48.C paragraph 44.D below within thirty ten (3010) days following Landlord's written notice for such payment.
Appears in 1 contract
Samples: Therma Wave Inc
Performance by Landlord. If Tenant fails to perform any obligation required under this Lease or by law or governmental regulation and Tenant is not disputing such law or governmental regulation in accordance with the terms of this LeaseLaws, Landlord, Landlord in its sole and absolute discretion may may, without notice notice, without waiving any rights or remedies and without releasing Tenant from its obligations hereunder or waiving any rights or remedieshereunder, perform such obligation, in which event Tenant shall pay Landlord as additional rent all sums reasonably paid by Landlord in connection with such substitute performance performance, including interest as provided in Article 48.C below at the Agreed Interest Rate within thirty ten (3010) days following of Landlord's ’s written notice for such payment.
Appears in 1 contract
Samples: Cavium, Inc.
Performance by Landlord. If Tenant fails to perform any obligation required under this Lease or by law or governmental regulation and Tenant is not disputing such law or governmental regulation in accordance with the terms of this Leaseregulation, Landlord, Landlord in its sole discretion may without notice and without releasing Tenant from its obligations hereunder or waiving any rights or remedies, perform such obligation, in which event Tenant shall pay Landlord as additional rent all sums reasonably paid by Landlord in connection with such substitute performance including interest as provided in Article 48.C paragraph 46.D below within thirty ten (3010) days following Landlord's written notice for such payment.
Appears in 1 contract
Performance by Landlord. If Tenant fails to perform any obligation required under this Lease or by law or governmental regulation and Tenant is not disputing such law or governmental regulation in accordance with the terms of this Leaseregulation, Landlord, Landlord in its sole discretion may without notice and without releasing Tenant from its obligations hereunder or waiving any rights or remedies, perform such obligation, in which event Tenant shall pay Landlord as additional rent all sums reasonably paid by Landlord in connection with such substitute performance including interest as provided in Article 48.C 46.D below within thirty ten (3010) days following LandlordXxxxxxxx's written notice for such payment.
Appears in 1 contract
Samples: Terayon Communication Systems
Performance by Landlord. If Tenant fails to perform any obligation required under this Lease or by law laws or governmental regulation and Tenant is not disputing such law or governmental regulation in accordance with the terms of this Leaseregulation, Landlord, Landlord in its sole discretion may may, without notice and without releasing Tenant from its obligations hereunder or waiving any rights or remedies, perform such obligation, in which event Tenant shall pay Landlord as additional rent all sums reasonably paid by Landlord in connection with such substitute performance including interest as provided in Article 48.C paragraph 46.D below within thirty (30) 10 days following Landlord's written notice for such payment.
Appears in 1 contract
Samples: Diagnostic Retrieval Systems Inc
Performance by Landlord. If Tenant fails to perform any obligation required under this Lease or by law or governmental regulation and Tenant is not disputing such law or governmental regulation in accordance with the terms of this Leaseregulation, Landlord, Landlord in its sole discretion may may, with prior notice to Tenant, without notice waiving any rights or remedies and without releasing Tenant from its obligations hereunder or waiving any rights or remedieshereunder, perform such obligation, in which event Tenant shall pay Landlord as additional rent all sums reasonably paid by Landlord in connection with such substitute performance performance, including interest at the Agreed Interest Rate (as provided defined in Article 48.C below Section 19.J) within thirty ten (3010) days following of Landlord's written notice for such payment.
Appears in 1 contract
Samples: Abgenix Inc
Performance by Landlord. If Tenant fails to perform any obligation required under this Lease or by law or governmental regulation and Tenant is not disputing such law or governmental regulation in accordance with the terms of this Leaseregulation, Landlord, Landlord in its sole discretion may may, without notice notice, without waiving any rights or remedies and without releasing Tenant from its obligations hereunder or waiving any rights or remedieshereunder, perform such obligation, in which event Tenant shall pay Landlord as additional rent all sums reasonably paid by Landlord in connection with such substitute performance performance, including interest as provided in Article 48.C below at the Agreed Interest Rate within thirty ten (3010) days following of Landlord's written notice for such payment.
Appears in 1 contract
Samples: Network Equipment Technologies Inc
Performance by Landlord. If Tenant fails to perform any obligation required under this Lease or by law or governmental regulation and Tenant is not disputing such law or governmental regulation in accordance with the terms of this Leaseregulation, Landlord, Landlord in its sole discretion may may, without notice notice, without waiving any rights or remedies and without releasing Tenant from its obligations hereunder or waiving any rights or remedieshereunder, perform such obligation, in which event Tenant shall pay Landlord as additional rent all sums reasonably paid by Landlord in connection with such substitute performance performance, including interest as provided in Article 48.C below at the Agreed Interest Rate within thirty ten (3010) days following of Landlord's ’s written notice for such payment.
Appears in 1 contract
Samples: Lease (Extreme Networks Inc)