Common use of Abandonment Clause in Contracts

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor does not elect to terminate this Lease as provided in Section 14.2 above, then Lessor may from time to time, without terminating this Lease, either recover all Rent as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates and upon such other terms and conditions as Lessor, in its sole discretion, may deem advisable with the right to make alterations and repairs to the Premises. In the event that Lessor elects to relet the Premises, then Rent received by Lessor from such reletting shall be applied; first, to the payment of any indebtedness other than Rent due hereunder from Lessee to Lessor; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of Rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor and applied to the payment of future Rent as the same may become due and payable hereunder. Should that portion of such Rent received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined above, be less than the Rent payable during that month by Lessee hereunder, then Lessee shall pay such deficiency to Lessor immediately upon demand therefor by Lessor. Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Lessor, as soon as ascertained, any costs and expenses incurred by Lessor in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 12 contracts

Sources: Lease Agreement, Lease Agreement (Infoblox Inc), Lease Agreement (Radyne Corp)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor does not elect to terminate this Lease as provided in Section paragraph 14.2 above, then Lessor may from time to time, without terminating this Lease, either recover all Rent as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates and upon such other terms and conditions as Lessor, in its sole discretion, may deem advisable with the right to make alterations and repairs to the Premises. In the event that Lessor elects to relet the Premises, then Rent received by Lessor from such reletting shall be applied; first, to the payment of any indebtedness other than Rent due hereunder from Lessee to Lessor; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of Rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor and applied to the payment of future Rent as the same may become due and payable hereunder. Should that portion of such Rent received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined above, be less than the Rent payable during that month by Lessee hereunder, then Lessee shall pay such deficiency to Lessor immediately upon demand therefor by Lessor. Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Lessor, as soon as ascertained, any costs and expenses incurred by Lessor in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 4 contracts

Sources: Lease Agreement (Amati Communications Corp), Lease Agreement (Cisco Systems Inc), Lease Agreement (On Command Corp)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor If Landlord does not elect to terminate this Lease as provided in Section 14.2 13.A or 13.B above, then Lessor the provisions of California Civil Code Section 1951.4, (Landlord may continue the lease in effect after Tenant's breach and abandonment and recover rent as it becomes due if Tenant has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, either recover all Rent rental as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates or rentals and upon such other terms and conditions as Lessor, Landlord in its sole discretion, discretion may deem advisable advisable, with the right to make alterations and repairs to the Premises. In the event that Lessor Landlord elects to relet the Premisesso relet, then Rent rentals received by Lessor Landlord from such reletting shall be applied; first, to applied in the following order to: (i) the payment of any indebtedness other than Base Monthly Rent due hereunder from Lessee Tenant to LessorLandlord; second, to (ii) the payment of any cost of such reletting; third, to (iii) the payment of the cost of any alterations and repairs to the Premises; fourth, to and (iv) the payment of Base Monthly Rent due and unpaid hereunder; and the residue. The residual rentals, if any, shall be held by Lessor Landlord and applied to the in payment of future Base Monthly Rent as the same may become due and payable hereunder. Should that Landlord shall have the obligation to market the space but shall have no obligation to relet the Premises following a default if Landlord has other comparable available space within the Building or Project. In the event the portion of such Rent rentals received from such reletting during any month, which is applied by to the payment of Rent rent hereunder according to the application procedure outlined above, during any month be less than the Rent rent payable during that month by Lessee Tenant hereunder, then Lessee Tenant shall pay such deficiency to Lessor Landlord immediately upon demand therefor by Lessordemand. Such deficiency shall be calculated and paid monthly. Lessee Tenant shall also pay to LessorLandlord, as soon as ascertained, any costs and expenses incurred by Lessor Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 4 contracts

Sources: Lease Termination and Settlement Agreement (Network Equipment Technologies Inc), Lease Agreement (Broadcom Corp), Lease Agreement (Network Equipment Technologies Inc)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor does not elect to terminate this Lease as provided in Section 14.2 above, then Lessor may from time to time, without terminating this Lease, either recover all Rent as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates and upon such other terms and conditions as Lessor, in its sole discretion, may deem advisable with the right to make alterations and repairs to the Premises. In the event that Lessor elects to relet the Premises, then Rent received by Lessor from such reletting shall be applied; first, to the payment of any indebtedness other than Rent due hereunder from Lessee to Lessor; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of Rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor and applied to the payment of future Rent as the same may become due and payable hereunder. Should that portion of such Rent received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined above, be less than the Rent payable during that month by Lessee hereunder, then Lessee shall pay such deficiency to Lessor immediately upon demand therefor therefore by Lessor. Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Lessor, as soon as ascertained, any costs and expenses incurred by Lessor in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 4 contracts

Sources: Lease Agreement (Nextest Systems Corp), Lease Agreement (MoSys, Inc.), Lease Agreement (Oni Systems Corp)

Abandonment. In Tenant shall not abandon the event Premises at any time during the term hereof. Tenant understands that if Tenant abandons the Premises, the risk of fire, other casualty and vandalism to the Premises and the Building will be increased. Accordingly, such action by Tenant shall constitute an Event of Default hereunder. Tenant’s mere vacating of the vacation Premises during the term hereof shall not constitute an Event of Default under this Lease (including Paragraph 25.a.2. below) so long as Tenant continues to pay Monthly Rent, Additional Rent and all other sums due Landlord under this Lease, maintains the insurance coverage required pursuant to Paragraph 15 of this Lease and Tenant otherwise continues to perform its obligations under this Lease, and so long as Tenant provides Landlord with written notice of an alternate address for notices to Tenant under this Lease (other than the Premises) if such vacancy exceeds thirty (30) consecutive days. Upon the expiration or abandonmentearlier termination of this Lease, except as provided in Section 7, or if Tenant abandons the Premises or surrenders all or any part of the Premises or is dispossessed of the Premises by Lessee process of law, or in otherwise, any movable furniture, equipment, trade fixtures, or other personal property belonging to Tenant and left on the event that Lessor Premises shall elect at the option of Landlord be deemed to re-enter be abandoned and, whether or not the property is deemed abandoned, Landlord shall have the right to remove such property from the Premises and charge Tenant for the removal and any restoration of the Premises as provided in paragraph 14.3 above or shall take possession Paragraph 9. Landlord may charge Tenant for the storage of Tenant’s property left on the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor does not elect to terminate this Lease at such rates as provided in Section 14.2 above, then Lessor Landlord may from time to timetime reasonably determine, without terminating or, Landlord may, at its option, store Tenant’s property in a public warehouse at Tenant’s expense. Notwithstanding the foregoing, neither the provisions of this Lease, either recover all Rent as it becomes due Paragraph 11 nor any other provision of this Lease shall impose upon Landlord any obligation to care for or relet the Premises or preserve any part thereof for such term or terms and at such rental rates and of Tenant’s property left upon such other terms and conditions as Lessor, in its sole discretion, may deem advisable with the right to make alterations and repairs to the Premises. In the event that Lessor elects to relet the Premises, then Rent received by Lessor and Tenant hereby waives and releases Landlord from any claim or liability in connection with the removal of such reletting shall be applied; first, property from the Premises and the storage thereof and specifically waives the provisions of California Civil Code Section 1542 with respect to such release. Landlord’s action or inaction with regard to the payment provisions of this Paragraph 11 shall not be construed as a waiver of Landlord’s right to require Tenant to remove its property, restore any indebtedness other than Rent due hereunder from Lessee to Lessor; second, damage to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of Rent due and unpaid hereunder; Premises and the residueBuilding caused by such removal, if any, shall be held by Lessor and applied make any restoration required pursuant to the payment of future Rent as the same may become due and payable hereunder. Should that portion of such Rent received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined Paragraph 9 above, be less than the Rent payable during that month by Lessee hereunder, then Lessee shall pay such deficiency to Lessor immediately upon demand therefor by Lessor. Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Lessor, as soon as ascertained, any costs and expenses incurred by Lessor in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 3 contracts

Sources: Office Lease (Marin Software Inc), Office Lease (Marin Software Inc), Office Lease (Marin Software Inc)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor If Landlord does not elect to terminate this Lease as provided in Section 14.2 13.A or 13.B above, then Lessor the provisions of California Civil Code Section 1951.4, (Landlord may continue the lease in effect after Tenant's breach and abandonment and recover rent as it becomes due if Tenant has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, either recover all Rent rental as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates or rentals and upon such other terms and conditions as Lessor, Landlord in its sole discretion, reasonable discretion may deem advisable advisable, with the right to make alterations and repairs to the Premises. In the event that Lessor Landlord elects to relet the Premisesso relet, then Rent rentals received by Lessor Landlord from such reletting shall be applied; first, to applied in the following order to: (i) the payment of any indebtedness other than Base Monthly Rent due hereunder from Lessee Tenant to LessorLandlord; second, to (ii) the payment of any cost of such reletting; third, to (iii) the payment of the cost of any alterations and repairs to the Premises; fourth, to and (iv) the payment of Base Monthly Rent due and unpaid hereunder; and the residue. The residual rentals, if any, shall be held by Lessor Landlord and applied to the in payment of future Base Monthly Rent as the same may become due and payable hereunder. Should that Landlord shall have the obligation to market the space but shall have no obligation to relet the Premises following a default if Landlord has other comparable available space within the Building or Project. In the event the portion of such Rent rentals received from such reletting during any month, which is applied by to the payment of Rent rent hereunder according to the application procedure outlined above, during any month be less than the Rent rent payable during that month by Lessee Tenant hereunder, then Lessee Tenant shall pay such deficiency to Lessor Landlord immediately upon demand therefor by Lessordemand. Such deficiency shall be calculated and paid monthly. Lessee Tenant shall also pay to LessorLandlord, as soon as ascertained, any costs and expenses incurred by Lessor Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 3 contracts

Sources: Quarterly Report, Lease Agreement (Verisign Inc/Ca), Lease Agreement (Verisign Inc/Ca)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor does not elect to terminate this Lease as provided in Section 14.2 above, then Lessor may from time to time, without terminating this Lease, either recover all Rent as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates and upon such other terms and conditions as Lessor, in its sole discretion, may deem advisable with the right to make alterations and repairs to the Premises. In the event that Lessor elects to relet the Premises, then Rent received by Lessor from such reletting shall be applied; first, to the payment of any indebtedness other than Rent due hereunder from Lessee to Lessor; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of Rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor and applied to the payment of future Rent as the same may become due and payable hereunder. Should that portion of such Rent received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined above, be less than the Rent payable during that month by Lessee hereunder, then Lessee shall pay such deficiency to Lessor immediately upon demand therefor by Lessor. Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Lessor, as soon as ascertained, any costs and expenses incurred by Lessor in such reletting or in making such alterations alternations and repairs not covered by the rentals received from such reletting.

Appears in 3 contracts

Sources: Lease Agreement (Intertrust Technologies Corp), Lease Agreement (Intertrust Technologies Corp), Lease Agreement (Intertrust Technologies Corp)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor does not elect to terminate this Lease as provided in Section 14.2 above, then Lessor may from time to time, without terminating this Lease, either recover all Rent as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates and upon such other terms and conditions as Lessor, in its sole discretion, may deem advisable with the right to make alterations and repairs to the Premises. In the event that Lessor elects to relet reset the Premises, then Rent received by Lessor from such reletting shall be applied; first, to the payment of any indebtedness other than Rent due hereunder from Lessee to Lessor; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of Rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor and applied to the payment of future Rent as the same may become due and payable hereunder. Should that portion of such Rent received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined above, be less than the Rent payable during that month by Lessee hereunder, then Lessee shall pay such deficiency to Lessor immediately upon demand therefor therefore by Lessor. Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Lessor, as soon as ascertained, any costs and expenses incurred by Lessor in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 3 contracts

Sources: Lease Agreement (Intevac Inc), Lease Agreement (Intevac Inc), Lease Agreement (Intevac Inc)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor If Landlord does not elect to terminate this Lease as provided in Section 14.2 13.A or 13.B above, then Lessor the provisions of California Civil Code Section 1951.4, (Landlord may continue the lease in effect after Tenant's breach and abandonment and recover rent as it becomes due if Tenant has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, either recover all Rent rental as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates or rentals and upon such other terms and conditions as Lessor, Landlord in its sole discretion, reasonable discretion may deem advisable advisable, with the right to make alterations and repairs to the Premises. In the event that Lessor Landlord elects to relet the Premisesso relet, then Rent rentals received by Lessor Landlord from such reletting shall be applied; first, to applied in the following order to: (i) the payment of any indebtedness other than Base Monthly Rent due hereunder from Lessee Tenant to LessorLandlord; second, to (ii) the payment of any cost of such reletting; third, to (iii) the payment of the cost of any alterations and repairs to the Premises; fourth, to and (iv) the payment of Base Monthly Rent due and unpaid hereunder; and the residue. The residual rentals, if any, shall be held by Lessor Landlord and applied to the in payment of future Base Monthly Rent as the same may become due and payable hereunder. Should that Landlord shall have the obligation to market the space but shall have no obligation to relet the Premises following a default if Landlord has other comparable available space within the Buildings or Project. In the event the portion of such Rent rentals received from such reletting during any month, which is applied by to the payment of Rent rent hereunder according to the application procedure outlined above, during any month be less than the Rent rent payable during that month by Lessee Tenant hereunder, then Lessee Tenant shall pay such deficiency to Lessor Landlord immediately upon demand therefor by Lessordemand. Such deficiency shall be calculated and paid monthly. Lessee Tenant shall also pay to LessorLandlord, as soon as ascertained, any costs and expenses incurred by Lessor Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 3 contracts

Sources: Quarterly Report, Lease Agreement (Verisign Inc/Ca), Lease Agreement (Verisign Inc/Ca)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises Building by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor does not elect to terminate this Lease as provided in Section paragraph 14.2 above, then Lessor may from time to time, without terminating this Lease, either recover all Rent as it becomes due or relet the Premises Building or any part thereof for such term or terms and at such rental rates and upon such other terms and conditions as Lessor, in its sole discretion, may deem advisable with the right to make alterations and repairs to the PremisesBuilding. In the event that Lessor elects to relet the PremisesBuilding, then Rent received by Lessor from such reletting shall be applied; first, to the payment of any indebtedness other than Rent due hereunder from Lessee to Lessor; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the PremisesBuilding; fourth, to the payment of Rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor and applied to the payment of future Rent as the same may become due and payable hereunder. Should that portion of such Rent received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined above, be less than the Rent payable during that month by Lessee hereunder, then Lessee shall pay such deficiency to Lessor immediately upon demand therefor by Lessor. Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Lessor, as soon as ascertained, any costs and expenses incurred by Lessor in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 2 contracts

Sources: Lease Agreement (Photon Dynamics Inc), Standard Form Lease (General Surgical Innovations Inc)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor does not elect to terminate this Lease as provided in Section 14.2 above, then Lessor may from time to time, without terminating this Lease, either recover all Rent as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates and upon such other terms and conditions as Lessor, in its sole discretion, may deem advisable with the right to make alterations and repairs to the Premises. In the event that Lessor elects to relet the Premises, then Rent received by Lessor from such reletting shall be applied; first, to the payment of any indebtedness other than Rent due hereunder from Lessee to Lessor; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of Rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor and applied to the payment of future Rent as the same may become due and payable hereunder. Should that portion of such Rent received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined above, be less than the Rent payable during that month by Lessee hereunder, then Lessee shall pay such deficiency to Lessor immediately upon demand therefor therefore by Lessor. Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Lessor, as soon as ascertained, any costs and expenses incurred by Lessor in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 2 contracts

Sources: Lease Agreement (Ariosa Diagnostics, Inc.), Lease Agreement (Ariosa Diagnostics, Inc.)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor If Landlord does not elect to terminate this Lease as provided in Section 14.2 13.A or 13.B above, then Lessor the provisions of California Civil Code Section 1951.4, (Landlord may continue the lease in effect after Tenant’s breach and abandonment and recover rent as it becomes due if Tenant has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, either recover all Rent rental as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates or rentals and upon such other terms and conditions as Lessor, Landlord in its sole discretion, discretion may deem advisable advisable, with the right to make alterations and repairs to the Premises. In the event that Lessor Landlord elects to relet the Premisesso relet, then Rent rentals received by Lessor Landlord from such reletting shall be applied; first, to applied in the following order to: (i) the payment of any indebtedness other than Base Monthly Rent due hereunder from Lessee Tenant to LessorLandlord; second, to (ii) the payment of any cost of such reletting; third, to (iii) the payment of the cost of any alterations and repairs to the Premises; fourth, to and (iv) the payment of Base Monthly Rent due and unpaid hereunder; and the residue. The residual rentals, if any, shall be held by Lessor Landlord and applied to the in payment of future Base Monthly Rent as the same may become due and payable hereunder. Should that Landlord shall the obligation to market the space but shall have no obligation to relet the Premises following a default if Landlord has other comparable available space within the Building or Project. In the event the portion of such Rent rentals received from such reletting during any month, which is applied by to the payment of Rent rent hereunder according to the application procedure outlined above, during any month be less than the Rent rent payable during that month by Lessee Tenant hereunder, then Lessee Tenant shall pay such deficiency to Lessor Landlord immediately upon demand therefor by Lessordemand. Such deficiency shall be calculated and paid monthly. Lessee Tenant shall also pay to LessorLandlord, as soon as ascertained, any costs and expenses incurred by Lessor Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 2 contracts

Sources: Assignment and Assumption of Lease, Assignment and Assumption of Lease (Equinix Inc)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor If Landlord does not elect to terminate this Lease as provided in Section 14.2 13.A or 13.B above, then Lessor the provisions of California Civil Code Section 1951.4, (Landlord may continue the lease in effect after Tenant's breach and abandonment and recover rent as it becomes due if Tenant has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, either recover all Rent rental as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates or rentals and upon such other terms and conditions as Lessor, Landlord in its sole discretion, discretion may deem advisable advisable, with the right to make alterations and repairs to the Premises. In the event that Lessor Landlord elects to relet the Premisesso relet, then Rent rentals received by Lessor Landlord from such reletting shall be applied; first, to applied in the following order to: (i) the payment of any indebtedness other than Base Monthly Rent due hereunder from Lessee Tenant to LessorLandlord; second, to (ii) the payment of any cost of such reletting; third, to (iii) the payment of the cost of any alterations and repairs to the Premises; fourth, to and (iv) the payment of Base Monthly Rent and other sums due and unpaid hereunder; and the residue. The residual rentals, if any, shall be held by Lessor Landlord and applied to the in payment of future Base Monthly Rent as the same may become due and payable hereunder. Should that Landlord shall the obligation to market the space but shall have no obligation to relet the Premises following a default if Landlord has other comparable available space within the Building or Project. In the event the portion of such Rent rentals received from such reletting during any month, which is applied by to the payment of Rent rent hereunder according to the application procedure outlined above, during any month be less than the Rent rent payable during that month by Lessee Tenant hereunder, then Lessee Tenant shall pay such deficiency to Lessor Landlord immediately upon demand therefor by Lessordemand. Such deficiency shall be calculated and paid monthly. Lessee Tenant shall also pay to LessorLandlord, as soon as ascertained, any costs and expenses incurred by Lessor Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 2 contracts

Sources: Lease Agreement (Zilog Inc), Lease Agreement (Zilog Inc)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, abandonment of the Premises by Lessee Tenant or in the event that Lessor Landlord shall elect to re-enter as provided in paragraph 14.3 Article 22.B above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor then if Landlord does not elect to terminate this Lease as provided in Section 14.2 Article 22.A above, then Lessor the provisions of California Civil Code Section 1951.4, (Landlord may continue the lease in effect after Tenant's breach and abandonment and recover rent as it becomes due, if Tenant has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, either recover all Rent rental as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates or rentals and upon such other terms and conditions as Lessor, Landlord in its sole discretion, discretion may deem advisable with the right to make alterations and repairs to the Premises. In the event that Lessor elects Landlord shall elect to relet the Premisesso relet, then Rent rentals received by Lessor Landlord from such reletting shall be applied; : first, to the payment of any indebtedness other than Base Monthly Rent due hereunder from Lessee Tenant to LessorLandlord; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of Base Monthly Rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor Landlord and applied to the in payment of future Base Monthly Rent as the same may become due and payable hereunder. Landlord shall have no obligation to relet the Premises following a default if Landlord has other available space within the Building or Project. Should that portion of such Rent rentals received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined aboverent hereunder, be less than the Rent rent payable during that month by Lessee Tenant hereunder, then Lessee Tenant shall pay such deficiency to Lessor Landlord immediately upon demand therefor by LessorLandlord. Such deficiency shall be calculated and paid monthly. Lessee Tenant shall also pay to LessorLandlord, as soon as ascertained, any costs and expenses incurred by Lessor Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 2 contracts

Sources: Lease Agreement (Komag Inc /De/), Lease Agreement (Komag Inc /De/)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor If Landlord does not elect to terminate this Lease as provided in Section 14.2 13.A or 13.B above, then Lessor the provisions of California Civil Code Section 1951.4, (Landlord may continue the lease in effect after Tenant's breach and abandonment and recover rent as it becomes due if Tenant has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, either recover all Rent rental as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates or rentals and upon such other terms and conditions as Lessor, Landlord in its sole discretion, discretion may deem advisable advisable, with the right to make alterations and repairs to the Premises. In the event that Lessor Landlord elects to relet the Premisesso relet, then Rent rentals received by Lessor Landlord from such reletting shall be applied; first, to applied in the following order to: (i) the payment of any indebtedness other than Base Monthly Rent due hereunder from Lessee Tenant to LessorLandlord; second, to (ii) the payment of any cost of such reletting; third, to (iii) the payment of the cost of any alterations and repairs to the Premises; fourth, to and (iv) the payment of Base Monthly Rent due and unpaid hereunder; and the residue. The residual rentals, if any, shall be held by Lessor Landlord and applied to the in payment of future Base Monthly Rent as the same may become due and payable hereunder. Should that In the event the portion of such Rent rentals received from such reletting during any month, which is applied by to the payment of Rent rent hereunder according to the application procedure outlined above, during any month be less than the Rent rent payable during that month by Lessee Tenant hereunder, then Lessee Tenant shall pay such deficiency to Lessor Landlord immediately upon demand therefor by Lessordemand. Such deficiency shall be calculated and paid monthly. Lessee Tenant shall also pay to LessorLandlord, as soon as ascertained, any costs and expenses incurred by Lessor Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 2 contracts

Sources: Sublease (Webex Inc), Lease (Bea Systems Inc)

Abandonment. In the event The Payor shall not abandon any licenses, patented or unpatented claims comprising part of the vacation Property or any other interest in the Property unless it first complies with this Section 7(d) (provided that in the case of leased properties, the Payor shall only be required to comply with this Section 7(d) to the extent permitted under the applicable lease or sublease). If the Payor wishes to abandon any of the licenses, patented or unpatented claims comprising part of the Property or any other interest in the Property (“Abandonment Property”), the Payor shall, subject to any existing rights related to the Property existing at the date of this Agreement, first give notice of such intention to the Payee at least 30 days in advance of the proposed date of abandonment. If, not less than 10 days before the proposed date of abandonment, except as provided the Payor receives from the Payee written notice that the Payee wishes to acquire the Abandonment Property, the Payor shall, without additional consideration, convey the Abandonment Property in Section 7good standing for nominal consideration to the Payee or an assignee thereof (subject to applicable consents and authorizations required by Applicable Law in Mexico), and thereafter the Payor and the Guarantor shall have no further obligations to the Payee under this Agreement and shall have no further obligation to maintain title to the Abandonment Property. If the Payee does not give such notice to the Payor within the prescribed period of time, the Payor may abandon the Abandonment Property and shall thereafter the Payor and the Guarantor shall have no further obligations to the Payee under this Agreement and shall have no further obligation to maintain title to the Abandonment Property; provided, however, that if any Return Entity reacquires a direct or indirect interest in any of the Premises Abandonment Property at any time following such abandonment, the production of Minerals from such property shall be subject to the Return and this Agreement. The Payor shall give prompt written notice to the Payee of any such reacquisition. The Payor agrees that it will not advise or inform, other than as required by Lessee Applicable Law, any other person of such intent or in action until at least five Business Days following the event that Lessor shall elect to redate of abandonment, relinquishment or non-enter as provided in paragraph 14.3 above or shall take possession renewal of the Premises Property pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor does not elect to terminate this Lease as provided in Section 14.2 above, then Lessor may from time to time, without terminating this Lease, either recover all Rent as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates and upon such other terms and conditions as Lessor, in its sole discretion, may deem advisable with the right to make alterations and repairs to the Premises. In the event that Lessor elects to relet the Premises, then Rent received by Lessor from such reletting shall be applied; first, to the payment of any indebtedness other than Rent due hereunder from Lessee to Lessor; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of Rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor and applied to the payment of future Rent as the same may become due and payable hereunder. Should that portion of such Rent received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined above, be less than the Rent payable during that month by Lessee hereunder, then Lessee shall pay such deficiency to Lessor immediately upon demand therefor by Lessor. Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Lessor, as soon as ascertained, any costs and expenses incurred by Lessor in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting7(d).

Appears in 2 contracts

Sources: Share Purchase Agreement, Share Purchase Agreement

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor does docs not elect to terminate this Lease as provided in Section 14.2 above, then Lessor may from time to time, without terminating this Lease, either recover all Rent as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates and upon such other terms and conditions as Lessor, in its sole sola discretion, may deem advisable with the right to make alterations and repairs to the Premises. In the event that Lessor elects to relet the Premises, then Rent received by Lessor from such reletting shall be applied; first, to the payment of any indebtedness other than Rent due hereunder from Lessee to Lessor; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of Rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor and applied to the payment of future Rent as the same may become due and payable hereunder. Should that portion of such Rent received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined above, be less than the Rent payable during that month by Lessee hereunder, then Lessee shall pay such deficiency to Lessor immediately upon demand therefor therefore by Lessor. Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Lessor, as soon as ascertained, any costs and expenses incurred by Lessor in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Sources: Sublease Agreement (Nextest Systems Corp)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor If Landlord does not elect to terminate this Lease as provided in Section 14.2 13.A or 13.B above, then Lessor the provisions of California Civil Code Section 1951.4, (Landlord may continue the lease in effect after Tenant's breach and abandonment and recover rent as it becomes due if Tenant has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, either recover all Rent rental as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates or rentals and upon such other terms and conditions as Lessor, Landlord in its sole discretion, discretion may deem advisable advisable, with the right to make alterations and repairs to the Premises. In the event that Lessor Landlord elects to relet the Premisesso relet, then Rent rentals received by Lessor Landlord from such reletting shall be applied; first, to applied in the following order to: (i) the payment of any indebtedness other than Base Monthly Rent due hereunder from Lessee Tenant to LessorLandlord; second, to (ii) the payment of any cost of such reletting; third, to (iii) the payment of the cost of any alterations and repairs to the Premises; fourth, to and (iv) the payment of Base Monthly Rent due and unpaid hereunder; and the residue. The residual rentals, if any, shall be held by Lessor Landlord and applied to the in payment of future Base Monthly Rent as the same may become due and payable hereunder. Should that Landlord shall have the obligation to market the space but shall have no obligation to relet the Premises following a default if Landlord has other comparable available space within the Project. In the event the portion of such Rent rentals received from such reletting during any month, which is applied by to the payment of Rent rent hereunder according to the application procedure outlined above, during any month be less than the Rent rent payable during that month by Lessee Tenant hereunder, then Lessee Tenant shall pay such deficiency to Lessor Landlord immediately upon demand therefor by Lessordemand. Such deficiency shall be calculated and paid monthly. Lessee Tenant shall also pay to LessorLandlord, as soon as ascertained, any reasonable costs and expenses incurred by Lessor Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Sources: Lease Agreement (Telocity Inc)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor does not elect to terminate this Lease as provided in Section 14.2 above, then Lessor may from time to time, without terminating this Lease, either recover all Rent as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates and upon such other terms and conditions as Lessor, in its sole discretion, may deem advisable with the right to make alterations and repairs to the Premises. In the event that Lessor elects to relet the Premises, then Rent received by Lessor from such reletting shall be applied; first, to the payment of any indebtedness other than Rent due hereunder from Lessee to Lessor; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of Rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor and applied to the payment of future Rent as the same may become due and payable hereunder. Should that portion of such Rent received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined above, be less than the Rent payable during that month by Lessee hereunder, then Lessee shall pay such deficiency to Lessor immediately upon demand therefor therefore by Lessor. Such deficiency shall be calculated and paid monthly. Lessee shall also pay to to. Lessor, as soon as ascertained, any costs and expenses incurred by Lessor in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Sources: Lease Termination Agreement (MoSys, Inc.)

Abandonment. Abandonment shall exist when there is a delinquency in the rent and Tenant(s) clearly indicates by words or actions, that he/she has vacated the House with the intention not to resume tenancy. In event of abandonment, the Landlord may immediately enter the House and take possession of Tenant(s)’s remaining personal property and remove it to a reasonably secure place at Tenant(s)’s expense in accordance with Washington State Landlord-Tenant(s) Act. Abandonment shall not sever Tenant(s)’s liability for rent; nor shall Landlord’s recovery of the premises sever Tenant(s)’s liability for rent. Tenant(s) will be charged for costs incurred by the Landlord to re-rent the House and for other costs as provided by law. Tenant(s) agrees to notify Landlord in writing of an absence from the dwelling of more than seven (7) days no later than the first day of such absence. Attorney’s Fees/Venue/Severability: In the event either party engages, retains or hires an attorney to enforce any provision of this Lease, or any obligation under law, including but not limited to the vacation or abandonmentcollection of rent and/or other charges due hereunder, except as provided in Section 7both Landlord and Tenant(s) agree that, of to the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided fullest extent permissible by law, court costs, prejudgment interest at the judgment rate from the date of default, and Lessor does reasonable attorney's fees may be awarded to the prevailing party, even if no case is filed with the courts. If the matter is not elect filed in court, both parties agree that the prevailing party is entitled to terminate be compensated upon demand to the other party. The Landlord shall be deemed to be the prevailing party if the action voluntarily is halted by the Landlord prior to judgment, or if the case is not filed, prior to filing, on the basis that the Landlord accepted from the Tenant(s) of all or part of the amounts alleged to be owing, or on the basis that the Tenant(s) vacated the rental unit. Venue and jurisdiction in any legal action pertaining to this Agreement, including but not limited to unlawful detainer proceedings or even a small claims matter shall be in Whatcom County, Washington where this Lease is considered to have been negotiated and entered, regardless of the physical location of the House. The provisions of this Agreement shall be deemed to be severable. The invalidating of any one provision by a court of competent jurisdiction shall not invalidate any other provision. Agency Disclosure: Tenant(s) acknowledges that a real estate licensee is involved in this transaction. At the signing of this Agreement, the Landlord is the Owner’s Agent and represents the Owner. Tenant(s) acknowledge being provided a Real Estate Agency Disclosure Brochure, “The Law of Real Estate Agency”, by the licensed agent who represents Apex Property Management, Inc. and / or the Owner of the property. Ownership: The leased property may be owned in whole or in part by a real estate broker, brokerage firm, or salesman, licensed by the State of Washington. If so, this disclosure satisfies RCW 18.86 requirements to make such disclosure. Facilities: Tenant(s) understands and agrees that any and all facilities provided by the Landlord are provided as provided in Section 14.2 abovea gratuity and are not a part of the Tenant(s)’s rental agreement, then Lessor may from time to time, without terminating this Lease, either recover all Rent as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates and upon such other terms and conditions as Lessor, in its sole discretion, may deem advisable with that Landlord reserves the right to make alterations and repairs change or limit the hours of any such facilities, or to eliminate them completely without prior notice to the PremisesTenant(s)s and that any such action by Landlord shall not constitute a claim by Tenant(s)s of any breach of this lease by Landlord, nor be a basis for any reduction of Tenant(s)’s rent or early termination of Tenant(s)’s lease agreement. In Entire Agreement: This Lease sets forth the event entire Agreement between the parties with respect to the matters set forth herein, notwithstanding the contents of any prior agreement, assumptions, advertisements, warranties or representations by any person or entity. It shall not be altered nor modified unless such alteration or modification is in writing and signed by all signatories hereto. No verbal agreements, advertisements, warranties or representations have been made or relied upon by either party or any agent or employee of either party, and neither party nor any agent or employee of either party is entitled to alter any provisions of this Lease by any verbal representations or agreements to be made subsequent to the execution of this Lease. It is expressly understood that Lessor elects to relet this agreement is between the PremisesLandlord and each signatory is individually jointly and severally liable. If more than one individual has signed this Lease Agreement, then Rent received by Lessor from such reletting each signatory shall be applied; firstjointly and severally liable hereunder for payment and performance of all obligations of the Tenant(s), including any arising during any extension, renewal or hold over periods. All persons signing as Tenant(s), including that Tenant(s)’s Guarantors and/or Cosigners, are collectively referred to the payment as Tenant(s). Service of any indebtedness other than Rent due hereunder from Lessee to Lessor; second, to the payment of any cost of such reletting; third, to the payment notice or demand upon one of the cost Tenant(s) shall constitute notice to all others listed as Tenant(s) and all other occupants at the House. Notices of breach of this Agreement issued by Landlord shall not release any alterations and repairs to Tenant(s) from liability for the Premises; fourth, to the payment full performance of Rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor and applied to the payment of future Rent as the same may become due and payable obligation hereunder. Should that portion of such Rent received from such reletting during any monthTHIS IS A BINDING LEGAL AGREEMENT. PLEASE TAKE THE TIME TO READ AND UNDERSTAND ITS TERMS BEFORE SIGNING. IF YOU DO NOT UNDERSTAND THE TERMS, which is applied by the payment of Rent hereunder according to the application procedure outlined above, be less than the Rent payable during that month by Lessee hereunder, then Lessee shall pay such deficiency to Lessor immediately upon demand therefor by LessorSEEK COMPETENT LEGAL ADVICE. Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Lessor, as soon as ascertained, any costs and expenses incurred by Lessor in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.By signing this Agreement,

Appears in 1 contract

Sources: House Lease Agreement

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises by Lessee or in IN the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or Landlord shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor then if Landlord does not elect to terminate this Lease as provided in Section 14.2 paragraph 15.(a) above, then Lessor the provisions of California Civil Code Section 1951.4 shall apply and Landlord may from time to time, without terminating this EXHIBIT B Lease, either recover all Rent rental as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates or rentals and upon such other terms and conditions as Lessor, Landlord in its sole discretion, discretion may deem advisable with the right to make alterations and repairs to the Premises. In the event that Lessor elects Landlord shall elect to relet the Premisesso relet, then Rent rentals received by Lessor Landlord from such reletting shall be applied; first, to the payment of any indebtedness other than Rent rent due hereunder from Lessee Tenant to LessorLandlord; second, to the payment of any cost REASONABLE COSTS of such reletting; third, to the payment of the cost of any REASONABLE alterations and repairs to the Premises; fourth, to the payment of Rent rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor Landlord and applied to the in payment of future Rent rent as the same may become due and payable hereunder. Should that portion of such Rent rentals received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined aboverent hereunder, be less than the Rent rent payable during that month by Lessee Tenant hereunder, then Lessee Tenant shall pay such deficiency to Lessor Landlord immediately upon demand therefor by LessorLandlord. Such deficiency shall be calculated and paid monthly. Lessee Tenant shall also pay to LessorLandlord, as soon as ascertained, any REASONABLE costs and expenses incurred by Lessor Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Sources: Sub Sublease (Zoran Corp \De\)

Abandonment. In If as to a Assigned Product or Service, ASSIGNEE either (i) fails to commence the event development of the vacation a Assigned Product or abandonmentService, except as provided above, or (ii) does not fully develop and commercialize any other Assigned Product or Service hereunder as to which development has commenced or which is scheduled to commence, then as to such Assigned Product or Service, the license herein granted shall cease, and all data, reports, and information developed by ASSIGNEE with respect to such Assigned Product or Service shall be provided to ASSIGNOR so that it or its subASSIGNEE or sublicense may file for or continue to obtain Regulatory Approval, and ASSIGNEE shall assign to ASSIGNOR all rights of ASSIGNEE in Section 7and to any Regulatory Approval applications made with respect to such Assigned Product or Service. i) If ASSIGNEE shall become bankrupt or insolvent, or shall file a petition in bankruptcy, or if the business of the Premises by Lessee or ASSIGNEE shall be placed in the event that Lessor hands of a receiver, assignee or trustee for the benefit of creditors, whether by the voluntary act of ASSIGNEE or otherwise, this Agreement shall elect automatically terminate, inasmuch as permitted under applicable and prevailing law. ii) Notwithstanding any other provision of this Agreement, should ASSIGNSEE fail in its payment to re-enter as provided ASSIGNOR of money due in paragraph 14.3 above or accordance with the terms of this Agreement, ASSIGNOR shall take possession have the right to serve notice upon ASSIGNEE by certified mail of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor does not elect its intention to terminate this Lease as provided in Section 14.2 aboveAgreement within thirty (30) days after receipt of said notice of termination unless ASSIGNEE shall pay to ASSIGNOR, then Lessor within the thirty (30) day period, all such money due and payable. Upon the expiration of the thirty (30) day period, if ASSIGNEE shall not have paid all such money due and payable, the rights, privileges and license granted hereunder may from time to time, without terminating this Leasebe immediately terminated by ASSIGNOR. If the parties dispute the amount or existence of any underpayment, either recover all Rent as it becomes due party may invoke the provisions of Article 8 within the thirty (30) day period. iii) Upon any material breach or relet the Premises default of this Agreement by ASSIGNEE, other than those occurrences set out in paragraphs 3.4, 7.1 and 7.2 hereinabove, which shall always take precedence over any material breach or any part thereof for such term or terms and at such rental rates and upon such other terms and conditions as Lessordefault referred to in this paragraph 7.3, in its sole discretion, may deem advisable with ASSIGNOR shall have the right to make alterations terminate this Agreement and repairs the rights, privileges and license granted hereunder by ninety (90) days' notice by certified mail to ASSIGNEE. Such termination shall become effective unless ASSIGNEE shall have cured any such breach or default prior to the Premisesexpiration of the ninety (90) day period from receipt of ASSIGNOR'S notice of termination. In If such breach or default cannot be cured within said ninety (90) day period, the event that Lessor elects to relet terminated party may invoke the Premisesprovisions of Article 8, then Rent received by Lessor from if it disputes such reletting termination. iv) Upon termination of this Agreement for any reason, nothing herein shall be applied; first, construed to release either party from any obligation that matured prior to the payment of any indebtedness other than Rent due hereunder from Lessee to Lessor; second, to the payment of any cost effective date of such reletting; thirdtermination. ASSIGNEE and/or any sub-ASSIGNEE thereof may, however, after the effective date of such termination, sell all Licensed Products, complete Licensed Products in the process of manufacture at the time of such termination and sell the same, and complete all existing contracts to provide Licensed Products and Licensed Services provided that ASSIGNEE shall pay to ASSIGNOR the payment royalties thereon as required by Article 4 of this Agreement and shall submit the reports required by Article 5 hereof. v) Unless earlier terminated as herein provided, this Agreement shall expire simultaneously with the last to expire of the cost of any alterations and repairs to the Premises; fourth, to the payment of Rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor and applied to the payment of future Rent as the same may become due and payable hereunder. Should that portion of such Rent received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined above, be less than the Rent payable during that month by Lessee hereunder, then Lessee shall pay such deficiency to Lessor immediately upon demand therefor by Lessor. Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Lessor, as soon as ascertained, any costs and expenses incurred by Lessor in such reletting or in making such alterations and repairs not covered by the rentals received from such relettingPatent Rights.

Appears in 1 contract

Sources: Intellectual Property Assignment Agreement (Signal Advance Inc)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor If Landlord does not elect to terminate this Lease as provided in Section 14.2 13.A or 13.B above, then Lessor the provisions of California Civil Code Section 1951.4, (Landlord may continue the lease in effect after Tenant's breach and abandonment and recover rent as it becomes due if Tenant has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, either recover all Rent rental as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates or rentals and upon such other terms and conditions as Lessor, Landlord in its sole discretion, discretion may deem advisable advisable, with the right to make alterations and repairs to the Premises. In the event that Lessor Landlord elects to relet the Premisesso relet, then Rent rentals received by Lessor Landlord from such reletting shall be applied; first, to applied in the following order to: (i) the payment of any indebtedness other than Base Monthly Rent due hereunder from Lessee Tenant to LessorLandlord; second, to (ii) the payment of any cost of such reletting; third, to (iii) the payment of the cost of any alterations and repairs to the Premises; fourth, to and (iv) the payment of Base Monthly Rent due and unpaid hereunder; and the residue. The residual rentals, if any, shall be held by Lessor Landlord and applied to the in payment of future Base Monthly Rent as the same may become due and payable hereunder. Should that Landlord shall the obligation to market the space but shall have no obligation to relet the Premises following a default if Landlord has other comparable available space within the Building or Project. In the event the portion of such Rent rentals received from such reletting during any month, which is applied by to the payment of Rent rent hereunder according to the application procedure outlined above, during any month be less than the Rent rent payable during that month by Lessee Tenant hereunder, then Lessee Tenant shall pay such deficiency to Lessor Landlord immediately upon demand therefor by Lessordemand. Such deficiency shall be calculated and paid monthly. Lessee Tenant shall also pay to LessorLandlord, as soon as ascertained, any costs and expenses incurred by Lessor Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Sources: Lease Agreement (Brio Technology Inc)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, abandonment of the Premises by Lessee Tenant or in the event that Lessor Landlord shall elect to re-enter as provided in paragraph 14.3 22(B) above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor then if Landlord does not elect to terminate this Lease as provided in Section 14.2 paragraph 22(A) above, then Lessor the provisions of California Civil Code Section 1951.4, (Landlord may continue the lease in effect after Tenant's breach and abandonment and recover rent as it becomes due, if Tenant has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, either recover all Rent rental as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates or rentals and upon such other terms and conditions as Lessor, Landlord in its sole discretion, discretion may deem advisable with the right to make alterations and repairs to the Premises. In the event that Lessor elects Landlord shall elect to relet the Premisesso relet, then Rent rentals received by Lessor Landlord from such reletting shall be applied; : first, to the payment of any indebtedness other than Base Monthly Rent due hereunder from Lessee Tenant to LessorLandlord; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of Base Monthly Rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor Landlord and applied to the in payment of future Base Monthly Rent as the same may become due and payable hereunder. Landlord shall have no obligation to relet the Premises following a default if Landlord has other available space within the Building or Project. Should that portion of such Rent rentals received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined aboverent hereunder, be less than the Rent rent payable during that month by Lessee Tenant hereunder, then Lessee Tenant shall pay such deficiency to Lessor Landlord immediately upon demand therefor by LessorLandlord. Such deficiency shall be calculated and paid monthly. Lessee Tenant shall also pay to LessorLandlord, as soon as ascertained, any costs and expenses incurred by Lessor Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Sources: Sublease (Annuncio Software Inc)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor does not elect to terminate this Lease as provided in Section paragraph 14.2 above, then Lessor may from time to time, without terminating this Lease, either recover all Rent as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates and upon such other terms and conditions as Lessor, in its sole discretion, may deem advisable with the right to make alterations and repairs to the Premises. In the event that Lessor elects to relet the Premises, then Rent received by Lessor from such reletting shall be applied; first, to the payment of any indebtedness other than Rent due hereunder from Lessee to Lessor; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of Rent due and unpaid hereunder; , and the residue, if any, shall be held by Lessor and applied to the payment of future Rent as the same may become due and payable hereunder. Should that portion of such Rent received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined above, be less than the Rent payable during that month by Lessee hereunder, then Lessee shall pay such deficiency to Lessor immediately upon demand therefor by Lessor. Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Lessor, as soon as ascertained, any costs and expenses incurred by Lessor in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Sources: Lease Agreement (Eip Microwave Inc)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor does not elect to terminate this Lease as provided in Section 14.2 above, then Lessor may from time to time, without terminating this Lease, either recover all Rent as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates and upon such other terms and conditions as Lessor, in its sole discretion, may deem advisable with the right to make alterations and repairs to the Premises. In the event that Lessor elects to relet the Premises, then Rent received by Lessor from such reletting shall be applied; first, to the payment of any indebtedness other than Rent due hereunder from Lessee to Lessor; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of Rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor and applied to the payment of future Rent as the same may become due and payable hereunder. Should that portion of such Rent received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined above, be less than the Rent payable during that month by Lessee hereunder, then Lessee shall pay such deficiency to Lessor immediately upon demand therefor by Lessor. Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Lessor, as soon as ascertained, any costs and expenses incurred by Lessor in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Sources: Lease Agreement (DSP Group Inc /De/)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor If Landlord does not elect to terminate this Lease as provided in Section 14.2 13.A or 13.B above, then Lessor the provisions of California Civil Code Section 1951.4, (Landlord may continue the lease in effect after Tenant's breach and abandonment and recover rent as it becomes due if Tenant has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, either recover all Rent rental as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates or rentals and upon such other terms and conditions as Lessor, Landlord in its sole discretion, discretion may deem advisable advisable, with the right to make alterations and repairs to the Premises. In the event that Lessor Landlord elects to relet the Premisesso relet, then Rent rentals received by Lessor Landlord from such reletting shall be applied; first, to applied in the following order to: (i) the payment of any indebtedness other than Base Monthly Rent due hereunder from Lessee Tenant to LessorLandlord; second, to (ii) the payment of any cost of such reletting; third, to reletting (iii) the payment of the cost of any alterations and repairs to the Premises; fourth, to and (iv) the payment of Base Monthly Rent due and unpaid hereunder; and the residue. The residual rentals, if any, shall be held by Lessor Landlord and applied to the in payment of future Base Monthly Rent as the same may become due and payable hereunder. Should that Landlord shall the obligation to market the space but shall have no obligation to relet the Premises following a default if Landlord has other comparable available space within the Building or Project. In the event the portion of such Rent rentals received from such reletting during any month, which is applied by to the payment of Rent rent hereunder according to the application procedure outlined above, during any month be less than the Rent rent payable during that month by Lessee Tenant hereunder, then Lessee Tenant shall pay such deficiency to Lessor Landlord immediately upon demand therefor by Lessordemand. Such deficiency shall be calculated and paid monthly. Lessee Tenant shall also pay to LessorLandlord, as soon as ascertained, any costs and expenses incurred by Lessor Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Sources: Lease (Legato Systems Inc)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor does not elect to terminate this Lease as provided in Section paragraph 14.2 above, then Lessor may from time to time, without terminating this Lease, either recover all Rent as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates and upon such other terms and conditions as Lessor, in its sole discretion, may deem advisable with the right to make alterations and repairs to the Premises. In the event that Lessor elects to relet the Premises, then Rent received by Lessor from such reletting shall be applied; first, to the payment of any indebtedness other than Rent due hereunder from Lessee to Lessor; , second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of Rent due and unpaid hereunder; , and the residue, if any, shall be held by Lessor and applied to the payment of future Rent as the same may become due and payable hereunder. Should that portion of such Rent received from such reletting during any month, which is applied by the payment of Rent hereunder according to the die application procedure outlined above, be less than the Rent payable during that month by Lessee hereunder, then Lessee shall pay such deficiency to Lessor immediately upon demand therefor by Lessor. Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Lessor, as soon as ascertained, any costs and expenses incurred by Lessor in such reletting or in in- making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Sources: Standard Form Lease (Inso Corp)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor If Landlord does not elect to terminate this Lease as provided in Section 14.2 13.A or 13.B above, then Lessor the provisions of California Civil Code Section 1951.4, (Landlord may continue the lease in effect after Tenant's breach and abandonment and recover rent as it becomes due if Tenant has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, either recover all Rent rental as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates or rentals and upon such other terms and conditions as Lessor, Landlord in its sole discretion, discretion may deem advisable advisable, with the right to make alterations and repairs to the Premises. In the event that Lessor Landlord elects to relet the Premisesso relet, then Rent rentals received by Lessor Landlord from such reletting shall be applied; first, to applied in the following order to: (i) the payment of any indebtedness other than Base Monthly Rent due hereunder from Lessee Tenant to LessorLandlord; second, to (ii) the payment of any reasonable cost of such reletting; third, to (iii) the payment of the cost of any alterations and repairs to the PremisesPremises necessary to relet; fourth, to and (iv) the payment of Base Monthly Rent due and unpaid hereunder; and the residue. The residual rentals, if any, shall be held by Lessor Landlord and applied to the in payment of future Base Monthly Rent as the same may become due and payable hereunder. Should that Landlord shall the obligation to market the space but shall have no obligation to relet the Premises following a default if Landlord has other comparable available space within the Building or Project. In the event the portion of such Rent rentals received from such reletting during any month, which is applied by to the payment of Rent rent hereunder according to the application procedure outlined above, during any month be less than the Rent rent payable during that month by Lessee Tenant hereunder, then Lessee Tenant shall pay such deficiency to Lessor Landlord immediately upon demand therefor by Lessordemand. Such deficiency shall be calculated and paid monthly. Lessee Tenant shall also pay to LessorLandlord, as soon as ascertained, any costs and expenses reasonably incurred by Lessor Landlord in such reletting or in making such alterations and repairs necessary to relet not covered by the rentals received from such reletting.

Appears in 1 contract

Sources: Lease Agreement (Abgenix Inc)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, abandonment of the Premises by Lessee Tenant or in the event that Lessor Landlord shall elect to re-enter as provided in paragraph 14.3 21(B) above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor then if Landlord does not elect to terminate this Lease as provided in Section 14.2 paragraph 21(A) above, then Lessor the provisions of California Civil Code Section 1951.4, as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, either recover all Rent rental as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates or rentals and upon such other terms and conditions as Lessor, Landlord in its sole discretion, discretion may deem advisable with the right to make alterations and repairs to the Premises. In the event that Lessor elects Landlord shall elect to relet the Premisesso relet, then Rent rentals received by Lessor Landlord from such reletting shall be applied; : first, to the payment of any indebtedness other than Base Monthly Rent due hereunder from Lessee Tenant to LessorLandlord; second, to the payment of any cost of such reletting; third, to the payment of the cost of any reasonable alterations and repairs to the Premises; fourth, to the payment of Base Monthly Rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor Landlord and applied to the in payment of future Base Monthly Rent as the same may become due and payable hereunder. Should that portion of such Rent rentals received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined aboverent hereunder, be less than the Rent rent payable during that month by Lessee Tenant hereunder, then Lessee Tenant shall pay such deficiency to Lessor Landlord immediately upon demand therefor by LessorLandlord. Such deficiency shall be calculated and paid monthly. Lessee Tenant shall also pay to LessorLandlord, as soon as ascertained, any costs and expenses incurred by Lessor Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Sources: Lease Agreement (Affymetrix Inc)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises Building 4 by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises Building 4 pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor does not elect to terminate this Lease as provided in Section 14.2 above, then Lessor may from time to time, without terminating this Lease, either recover all Rent as it becomes due or relet the Premises Building 4 or any part thereof for such term or terms and at such rental rates and upon such other terms and conditions as Lessor, in its sole discretion, may deem advisable with the right to make alterations and repairs to the PremisesBuilding 4. In the event that Lessor elects to relet the PremisesBuilding 4, then any Rent received by Lessor from such reletting shall be applied; first, to the payment of any indebtedness other than Rent due hereunder from Lessee to Lessor; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the PremisesBuilding 4; fourth, to the payment of Rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor and applied to the payment of future Rent as the same may become due and payable hereunder. Should that portion of such Rent received from such reletting during any monthmonth , which is applied by the payment of Rent hereunder according to the application procedure outlined above, be less than the Rent payable during that month by Lessee hereunder, then Lessee shall pay such deficiency to Lessor immediately upon demand therefor by Lessor. Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Lessor, as soon as ascertained, any costs and expenses incurred by Lessor in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Sources: Lease Agreement (E Tek Dynamics Inc)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor does not elect to terminate this Lease as provided in Section paragraph 14.2 above, then Lessor may from time to time, without terminating this Lease, either recover all Rent as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates and upon such other terms and conditions as Lessor, in its sole discretion, may deem advisable with the right to make alterations and repairs to the Premises. In the event that Lessor elects to relet the Premises, then Rent received by Lessor from such reletting shall be applied; first, to the payment of any indebtedness other than Rent due hereunder from Lessee to Lessor; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of Rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor and applied to the payment of future Rent as the same may become due and payable hereunder. Should that portion of such Rent rent received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined above, be less than the Rent payable during that month by Lessee hereunder, then Lessee shall pay such deficiency to Lessor immediately upon demand therefor by Lessor. Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Lessor, as soon as ascertained, any costs and expenses incurred by Lessor in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Sources: Lease (Lynuxworks Inc)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, abandonment of the Premises by Lessee Tenant or in the event that Lessor Landlord shall elect to re-enter as provided in paragraph 14.3 22(B) above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor then if Landlord does not elect to terminate this Lease as provided in Section 14.2 paragraph 22(A) above, then Lessor the provisions of California Civil Code Section 1951.4, as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, either recover all Rent rental as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates or rentals and upon such other terms and conditions as Lessor, Landlord in its sole discretion, discretion may deem advisable with the right to make alterations and repairs to the Premises. In the event that Lessor elects Landlord shall elect to relet the Premisesso relet, then Rent rentals received by Lessor Landlord from such reletting shall be applied; first, to the payment of any indebtedness other than Base Monthly Rent due hereunder from Lessee Tenant to LessorLandlord; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises necessary to relet the Premises; fourth, to the payment of Base Monthly Rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor Landlord and applied to the in payment of future Base Monthly Rent as the same may become due and payable hereunder. Should that portion of such Rent rentals received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined aboverent hereunder, be less than the Rent rent payable during that month by Lessee Tenant hereunder, then Lessee Tenant shall pay such deficiency to Lessor Landlord immediately upon demand therefor by LessorLandlord. Such deficiency shall be calculated and paid monthly. Lessee Tenant shall also pay to LessorLandlord, as soon as ascertained, any costs and expenses incurred by Lessor Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Sources: Lease Agreement (Visx Inc)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, abandonment of the Premises Promises by Lessee Tenant or in the event that Lessor Landlord shall elect to re-enter as provided in paragraph 14.3 22.(b) above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor then if Landlord does not elect to terminate this Lease as provided in Section 14.2 paragraph 22.(a) above, then Lessor the provisions of California Civil Coda Section 1951.4, as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, either recover all Rent rental as it becomes due or relet the Premises Promises or any part thereof for such term or terms and at such rental rates or rentals and upon such other terms and conditions as Lessor, Landlord in its sole discretion, discretion may deem advisable with the right to make alterations and repairs to the Premises. In the event that Lessor elects Landlord shall elect to relet the Premisesso relet, then Rent rentals received by Lessor Landlord from such reletting shall be applied; : first, to the payment of any indebtedness other than Rent rent due hereunder from Lessee Tenant to LessorLandlord; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of Rent rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor Landlord and applied to the in payment of future Rent rent as the same may become due and payable hereunder. Should that portion of such Rent rentals received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined aboverent hereunder, be less than the Rent rent payable during that month by Lessee Tenant hereunder, then Lessee Tenant shall pay such deficiency to Lessor Landlord immediately upon demand therefor by LessorLandlord. Such deficiency shall be calculated and paid monthly. Lessee Tenant shall also pay to LessorLandlord, as soon as ascertained, any costs and expenses incurred by Lessor Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Sources: Sublease (Concentric Network Corp)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor If Landlord does not elect to terminate this Lease as provided in Section 14.2 13.A or 13.B above, then Lessor the provisions of California Civil Code Section 1951.4, (Landlord may continue the lease in effect after Tenant’s breach and abandonment and recover rent as it becomes due if Tenant has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, either recover all Rent rental as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates or rentals and upon such other terms and conditions as Lessor, Landlord in its sole discretion, discretion may deem advisable advisable, with the right to make alterations and repairs to the Premises. In the event that Lessor Landlord elects to relet the Premisesso relet, then Rent rentals received by Lessor Landlord from such reletting shall be applied; first, to applied in the following order to: (i) the payment of any indebtedness other than Base Monthly Rent due hereunder from Lessee Tenant to LessorLandlord; second, to (ii) the payment of any cost of such reletting; third, to (iii) the payment of the cost of any alterations and repairs to the Premises; fourth, to and (iv) the payment of Base Monthly Rent due and unpaid hereunder; and the residue. The residual rentals, if any, shall be held by Lessor Landlord and applied to the in payment of future Base Monthly Rent as the same may become due and payable hereunder. Should that Landlord shall have no obligation to relet the Premises following a default if Landlord has other available space within the Building or Project. In the event the portion of such Rent rentals received from such reletting during any month, which is applied by to the payment of Rent rent hereunder according to the application procedure outlined above, during any month be less than the Rent rent payable during that month by Lessee Tenant hereunder, then Lessee Tenant shall pay such deficiency to Lessor Landlord immediately upon demand therefor by Lessordemand. Such deficiency shall be calculated and paid monthly. Lessee Tenant shall also pay to LessorLandlord, as soon as ascertained, any costs and expenses incurred by Lessor Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Sources: Lease Agreement (Extreme Networks Inc)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor does not elect to terminate this Lease as provided in Section 14.2 above, then Lessor may from time to time, without terminating this Lease, either recover all Rent as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates and upon such other terms and conditions as Lessor, in its sole discretion, may deem advisable with the right to make alterations and repairs to the Premises. In the event that Lessor elects to relet the Premises, then Rent received receive by Lessor from such reletting shall be applied; first, to the payment of any indebtedness other than Rent due hereunder from Lessee to Lessor; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of Rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor and applied to the payment of future Rent as the same may become due and payable hereunder. Should that portion of such Rent received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined outline above, be less than the Rent payable during that month by Lessee hereunder, then Lessee shall pay such deficiency to Lessor immediately upon demand therefor by Lessor. Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Lessor, as soon as ascertained, any costs and expenses incurred by Lessor in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Sources: Sublease Agreement (Snap Appliances Inc)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, . and Lessor does not elect to terminate this Lease as provided in Section 14.2 above, then Lessor may from time to time, without terminating this Lease, either recover all Rent as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates and upon such other terms and conditions as Lessor, in its sole discretion, may deem advisable with the right to make alterations and repairs to the Premises. In the event that Lessor elects to relet the Premises, then Rent received by Lessor from such reletting shall be applied; first, to the payment of any indebtedness other than Rent due hereunder from Lessee to Lessor; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of Rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor and applied to the payment of future Rent as the same may become due and payable hereunder. Should that portion of such Rent received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined above, be less than the Rent payable during that month by Lessee hereunder, then Lessee shall pay such deficiency to Lessor immediately upon demand therefor by Lessor. Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Lessor, as soon as ascertained, any costs and expenses incurred by Lessor in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Sources: Sublease (Netlogic Microsystems Inc)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor If Landlord does not elect to terminate this Lease as provided in Section 14.2 Article 22.A or 22.B above, then Lessor the provisions of California Civil Code Section 1951.4, (Landlord may continue the lease in effect after ▇▇▇▇▇▇'s breach and abandonment and recover rent as it becomes due, if Tenant has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, either recover all Rent rental as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates or rentals and upon such other terms and conditions as Lessor, Landlord in its sole discretion, discretion may deem advisable with the right to make alterations and repairs to the Premises. In the event that Lessor elects Landlord shall elect to relet the Premisesso relet, then Rent rentals received by Lessor Landlord from such reletting shall be applied; : first, to the payment of any indebtedness other than Base Monthly Rent due hereunder from Lessee Tenant to LessorLandlord; second, to the payment of any cost of such reletting; third, to the payment of the reasonable cost of any reasonably necessary alterations and repairs to the Premises; fourth, to the payment of Base Monthly Rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor Landlord and applied to the in payment of future Base Monthly Rent as the same may become due and payable hereunder. Landlord shall have no obligation to relet the Premises following a default if Landlord has other available space within the Building. Should that portion of such Rent rentals received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined aboverent hereunder, be less than the Rent rent payable during that month by Lessee Tenant hereunder, then Lessee Tenant shall pay such deficiency to Lessor Landlord immediately upon demand therefor by LessorLandlord. Such deficiency shall be calculated and paid monthly. Lessee Tenant shall also pay to LessorLandlord, as soon as ascertained, any costs and expenses incurred by Lessor Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Sources: Declaration of Reciprocal Easement, Easements and Covenants (Terayon Communication Systems)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor If Landlord does not elect to terminate this Lease as provided in Section 14.2 13.A or 13.B above, then Lessor the provisions of California Civil Code Section 1951.4, (Landlord may continue the lease in effect after Tenant's breach and abandonment and recover rent as it becomes due if Tenant has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, either recover all Rent rental as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates or rentals and upon such other terms and conditions as Lessor, Landlord in its sole discretion, discretion may deem advisable advisable, with the right to make alterations and repairs to the Premises. In the event that Lessor Landlord elects to relet the Premisesso relet, then Rent rentals received by Lessor Landlord from such reletting shall be applied; first, to applied in the following order to: (i) the payment of any indebtedness other than Base Monthly Rent due hereunder from Lessee Tenant to LessorLandlord; second, to (ii) the payment of any cost of such reletting; third, to (iii) the payment of the cost of any alterations and repairs to the Premises; fourth, to and (iv) the payment of Base Monthly Rent due and unpaid hereunder; and the residue. The residual rentals, if any, shall be held by Lessor Landlord and applied to the in payment of future Base Monthly Rent as the same may become due and payable hereunder. Should that Landlord shall have no obligation to relet the Premises following a default if Landlord has other available space within the Building or Project. In the event the portion of such Rent rentals received from such reletting during any month, which is applied by to the payment of Rent rent hereunder according to the application procedure outlined above, during any month be less than the Rent rent payable during that month by Lessee Tenant hereunder, then Lessee Tenant shall pay such deficiency to Lessor Landlord immediately upon demand therefor by Lessordemand. Such deficiency shall be calculated and paid monthly. Lessee Tenant shall also pay to LessorLandlord, as soon as ascertained, any costs and expenses incurred by Lessor Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Sources: Lease Agreement (Network Equipment Technologies Inc)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor If Landlord does not elect to terminate this Lease as provided in Section 14.2 13.A or 13.B above, then Lessor the provisions of California Civil Code Section 1951.4, (Landlord may continue the lease in effect after Tenant's breach and abandonment and recover rent as it becomes due if Tenant has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, either recover all Rent rental as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates or rentals and upon such other terms and conditions as Lessor, Landlord in its sole discretion, discretion may deem advisable advisable, with the right to make alterations and repairs to the Premises. In the event that Lessor Landlord elects to relet the Premisesso relet, then Rent rentals received by Lessor Landlord from such reletting shall be applied; first, to applied in the following order to: (i) the payment of any indebtedness other than Base Monthly Rent due hereunder from Lessee Tenant to LessorLandlord; second, to (ii) the payment of any cost of such reletting; third, to (iii) the payment of the cost of any alterations and repairs to the Premises; fourth, to and (iv) the payment of Base Monthly Rent due and unpaid hereunder; and the residue. The residual rentals, if any, shall be held by Lessor Landlord and applied to the in payment of future Base Monthly Rent as the same may become due and payable hereunder. Should that Landlord shall have the obligation to market the space but shall have no obligation to relet the Premises following a default if Landlord has other comparable available space within the Project. In the event the portion of such Rent rentals received from such reletting during any month, which is applied by to the payment of Rent rent hereunder according to the application procedure outlined above, during any month be less than the Rent rent payable during that month by Lessee Tenant hereunder, then Lessee Tenant shall pay such deficiency to Lessor Landlord immediately upon demand therefor by Lessordemand. Such deficiency shall be calculated and paid monthly. Lessee Tenant shall also pay to LessorLandlord, as soon as ascertained, any reasonable costs and expenses incurred by Lessor Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Sources: Lease Agreement (Telocity Inc)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, abandonment of the Premises by Lessee Tenant, to the extent not permitted pursuant to the provisions of paragraph 15 above, or in the event that Lessor Landlord shall elect to re-enter as provided in paragraph 14.3 22.(b) above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor then if Landlord does not elect to terminate this Lease as provided in Section 14.2 paragraph 22.(a) above, then Lessor the provisions of California Civil Code Section 1951.4, as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, either recover all Rent rental as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates or rentals and upon such other terms and conditions as Lessor, Landlord in its sole discretion, discretion may deem advisable with the right to make alterations and repairs to the Premises. In the event that Lessor elects Landlord shall elect to relet the Premisesso relet, then Rent rentals received by Lessor Landlord from such reletting shall be applied; : first, to the payment of any indebtedness other than Rent rent due hereunder from Lessee Tenant to LessorLandlord; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of Rent rent due and unpaid hereunder; , and the residue, if any, shall be held by Lessor Landlord and applied to the in payment of future Rent rent as the same may become due and payable hereunder. Should that portion of such Rent rentals received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined aboverent hereunder, be less than the Rent rent payable during that month by Lessee Tenant hereunder, then Lessee shall Tenant shall, pay such deficiency to Lessor Landlord immediately upon demand therefor by LessorLandlord. Such deficiency shall be calculated and paid monthly. Lessee Tenant shall also pay to LessorLandlord, as soon as ascertained, any costs and expenses incurred by Lessor Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Sources: Lease Agreement (Supertex Inc)

Abandonment. Abandonment shall exist when there is a delinquency in the rent and Tenant(s) clearly indicates by words or actions, that he/she has vacated the Apartment with the intention not to resume tenancy. In event of abandonment, the Landlord may immediately enter the Apartment and take possession of Tenant(s)’s remaining personal property and remove it to a reasonably secure place at Tenant(s)’s expense in accordance with Washington State Landlord-Tenant(s) Act. Abandonment shall not sever Tenant(s)’s liability for rent; nor shall Landlord’s recovery of the premises sever Tenant(s)’s liability for rent. Tenant(s) will be charged for costs incurred by the Landlord to re- rent the Apartment and for other costs as provided by law. Tenant(s) agrees to notify Landlord in writing of an absence from the dwelling of more than seven (7) days no later than the first day of such absence. Attorney’s Fees/Venue/Severability: In the event either party engages, retains or hires an attorney to enforce any provision of this Lease, or any obligation under law, including but not limited to the vacation or abandonmentcollection of rent and/or other charges due hereunder, except as provided in Section 7both Landlord and Tenant(s) agree that, of to the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided fullest extent permissible by law, court costs, prejudgment interest at the judgment rate from the date of default, and Lessor does reasonable attorney's fees may be awarded to the prevailing party, even if no case is filed with the courts. If the matter is not elect filed in court, both parties agree that the prevailing party is entitled to terminate be compensated upon demand to the other party. The Landlord shall be deemed to be the prevailing party if the action voluntarily is halted by the Landlord prior to judgment, or if the case is not filed, prior to filing, on the basis that the Landlord accepted from the Tenant(s) of all or part of the amounts alleged to be owing, or on the basis that the Tenant(s) vacated the rental unit. Venue and jurisdiction in any legal action pertaining to this Agreement, including but not limited to unlawful detainer proceedings or even a small claims matter shall be in Whatcom County, Washington where this Lease is considered to have been negotiated and entered, regardless of the physical location of the Apartment. The provisions of this Agreement shall be deemed to be severable. The invalidating of any one provision by a court of competent jurisdiction shall not invalidate any other provision. Agency Disclosure: Tenant(s) acknowledges that a real estate licensee is involved in this transaction. At the signing of this Agreement, the Landlord is the Owner’s Agent and represents the Owner. Tenant(s) acknowledge being provided a Real Estate Agency Disclosure Brochure, “The Law of Real Estate Agency”, by the licensed agent who represents Apex Property Management, Inc. and / or the Owner of the property. Ownership: The leased property may be owned in whole or in part by a real estate broker, brokerage firm, or salesman, licensed by the State of Washington. If so, this disclosure satisfies RCW 18.86 requirements to make such disclosure. Facilities: Tenant(s) understands and agrees that any and all facilities provided by the Landlord are provided as provided in Section 14.2 abovea gratuity and are not a part of the Tenant(s)’s rental agreement, then Lessor may from time to time, without terminating this Lease, either recover all Rent as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates and upon such other terms and conditions as Lessor, in its sole discretion, may deem advisable with that Landlord reserves the right to make alterations and repairs change or limit the hours of any such facilities, or to eliminate them completely without prior notice to the PremisesTenant(s)s and that any such action by Landlord shall not constitute a claim by Tenant(s)s of any breach of this lease by Landlord, nor be a basis for any reduction of Tenant(s)’s rent or early termination of Tenant(s)’s lease agreement. In Entire Agreement: This Lease sets forth the event entire Agreement between the parties with respect to the matters set forth herein, notwithstanding the contents of any prior agreement, assumptions, advertisements, warranties or representations by any person or entity. It shall not be altered nor modified unless such alteration or modification is in writing and signed by all signatories hereto. No verbal agreements, advertisements, warranties or representations have been made or relied upon by either party or any agent or employee of either party, and neither party nor any agent or employee of either party is entitled to alter any provisions of this Lease by any verbal representations or agreements to be made subsequent to the execution of this Lease. It is expressly understood that Lessor elects to relet this agreement is between the PremisesLandlord and each signatory is individually jointly and severally liable. If more than one individual has signed this Lease Agreement, then Rent received by Lessor from such reletting each signatory shall be applied; firstjointly and severally liable hereunder for payment and performance of all obligations of the Tenant(s), including any arising during any extension, renewal or hold over periods. All persons signing as Tenant(s), including that Tenant(s)’s Guarantors and/or Cosigners, are collectively referred to the payment as Tenant(s). Service of any indebtedness other than Rent due hereunder from Lessee to Lessor; second, to the payment of any cost of such reletting; third, to the payment notice or demand upon one of the cost Tenant(s) shall constitute notice to all others listed as Tenant(s) and all other occupants at the Apartment. Notices of breach of this Agreement issued by Landlord shall not release any alterations and repairs to Tenant(s) from liability for the Premises; fourth, to the payment full performance of Rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor and applied to the payment of future Rent as the same may become due and payable obligation hereunder. Should that portion of such Rent received from such reletting during any monthTHIS IS A BINDING LEGAL AGREEMENT. PLEASE TAKE THE TIME TO READ AND UNDERSTAND ITS TERMS BEFORE SIGNING. IF YOU DO NOT UNDERSTAND THE TERMS, which is applied by the payment of Rent hereunder according to the application procedure outlined above, be less than the Rent payable during that month by Lessee hereunder, then Lessee shall pay such deficiency to Lessor immediately upon demand therefor by LessorSEEK COMPETENT LEGAL ADVICE. Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Lessor, as soon as ascertained, any costs and expenses incurred by Lessor in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.By signing this Agreement,

Appears in 1 contract

Sources: Apartment Lease Agreement

Abandonment. In If the event Premises are abandoned or vacated by Lessee, Lessor shall have the right, but not the obligation, to: (a) relet same for the remainder of the vacation or abandonmentperiod covered hereby, except as and Lessee shall pay and satisfy (i) if the basic monthly rental and basic costs excess received through such reletting is not at least equal to the Basic Monthly Rental and Basic Costs Excess provided in Section 7hereunder, any deficiencies between the amount of Basic Monthly Rental and Basic Costs Excess required by this Lease and that received through reletting and (ii) all expenses incurred by Lessor for any such reletting, including but not limited to, the Premises by cost of renovating, altering and decorating for a new occupant, and/or (b) provide for the storage of any personal property of Lessee or in take title to the event that abandoned personal property which title shall pass to Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor does not elect to terminate under this Lease as provided a ▇▇▇▇ of Sale without additional payments or credit from Lessor to Lessee. Notwithstanding the foregoing, during the last 90 days of the Lease Term, if Lessee removes a substantial portion of Lessee's personal property or Lessee has been in Section 14.2 abovephysical absence for 10 days, then Lessor may from time Lessee shall be deemed to time, without terminating this Lease, either recover all Rent as it becomes due or relet have vacated the Premises or and Lessor shall have the right but not the obligation to enter the Premises for purposes of renovating, altering and decorating the Premises for occupancy at the end of the Lease Term by a new tenant without in any part thereof for such term or terms way affecting Lessee's obligation to pay Rent and at such rental rates and upon such comply with all other terms and conditions as Lessor, in its sole discretion, may deem advisable with the right to make alterations and repairs to the Premises. In the event that Lessor elects to relet the Premises, then Rent received by Lessor from such reletting shall be applied; first, to the payment of any indebtedness other than Rent due hereunder from Lessee to Lessor; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of Rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor and applied to the payment of future Rent as the same may become due and payable hereunder. Should that portion of such Rent received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined above, be less than the Rent payable during that month by Lessee hereunder, then Lessee shall pay such deficiency to Lessor immediately upon demand therefor by Lessor. Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Lessor, as soon as ascertained, any costs and expenses incurred by Lessor in such reletting or in making such alterations and repairs not covered by the rentals received from such relettingthis Lease.

Appears in 1 contract

Sources: Lease Agreement (Design Automation Systems Inc)

Abandonment. In If a dispute isnot submitted forty (40) calendar days after the event occurrence of the vacation act or abandonmentdecision giving rise to the dispute, except as provided in Section 7then the dispute shall be deemed to be abandoned and all rights of recourse to the procedure shall be at an end. Saturdays, of the Premises by Lessee or Sundays and Statutory Holidays shall not be counted in the event that Lessor time any action must be taken under Stage The Board shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor does not elect to terminate this Lease as provided in Section 14.2 above, then Lessor may from time to time, without terminating this Lease, either recover all Rent as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates and upon such other terms and conditions as Lessor, in its sole discretion, may deem advisable with have the right to make alterations and repairs submit in writing any dispute regarding the interpretation of or violation of this Agreement to the PremisesExecutive Board of the Union. In Failinga satisfactory settlement withineight(8) daysof the event that Lessor elects Board may, upon giving five (5) days notice in to relet the PremisesUnion of their intention, then Rent received refer the dispute to the Board of Arbitration instituted in accordance with this Article. Policy grievances will at of this procedure. IT the parties mutually agree, the provisions of Section of the Labour Code (Consensual may be invoked instead the arbitration process contained in this Article. Where a difference arises between the parties relating the dismissal, discipline or suspension of an employee, or to the interpretation, application, operation or alleged violation of this Agreement, including any question asto whether a matteris arbitrable, during the term of the Collective Agreement, Ready, or a substitute agreed to by Lessor from such reletting the parties, shall at the request of either difference; the issues in the differences; and make written binding decision to resolve the within daysof the date of receipt of the request and for those five days date, time does not run in respect of the grievance procedure. Selection of the Section for the first (1st) arbitration be by selection in alphabetical order until an available arbitrator found; for the selection of an arbitrator for the next arbitration, selection shall commence with the next name in alphabetical sequence and so on in order. An officer named with shall governed by the provisions of this Agreement and shall not have right to add to;delete from, to change, or make any decision inconsistent with the provisions of this Agreement. The decision of the officer shall be applied; firstand binding on both Except where provided by statute, the parties agreeto by theprovisions ofArticles and asthe only means of resolving any which may arise during the of this Agreement. All employeesexcept those discharged or suspended shall to the payment work as usual without curtailment or restriction of any indebtedness other than Rent due hereunder from Lessee to Lessor; secondnormal production, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of Rent due and unpaid hereunder; and the residue, if any, company not lock out the employees. Each party shall all expenses incurred in presentation and preparation of its own case. expenses shall be held by Lessor and applied to the payment of future Rent as the same may become due and payable hereunder. Should that portion of such Rent received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined above, be less than the Rent payable during that month by Lessee hereunder, then Lessee shall pay such deficiency to Lessor immediately upon demand therefor by Lessor. Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Lessor, as soon as ascertained, any costs and expenses incurred by Lessor in such reletting or in making such alterations and repairs not covered by the rentals received from such relettingshared equally.

Appears in 1 contract

Sources: Collective Agreement

Abandonment. In the event of the vacation or abandonment, except as provided in Section 78, of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 Section 15.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor does not elect to terminate this Lease as provided in Section 14.2 15.2 above, then Lessor may from time to time, without terminating this Lease, either recover all Rent as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates and upon such other terms and conditions as Lessor, in its sole discretion, may deem advisable with the right to make alterations and repairs to the Premises. In the event that Lessor elects to relet the Premises, then Rent received by Lessor from such reletting shall be applied; first, to the payment of any indebtedness other than Rent due hereunder from Lessee to Lessor; second, to the payment of any the reasonable cost of such reletting; third, to the payment of the reasonable cost of any alterations and repairs to the Premises; fourth, to the payment of Rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor and applied to the payment of future Rent as the same may become due and payable hereunder. Should that portion of such Rent received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined above, be less than the Rent payable during that month by Lessee hereunder, then Lessee shall pay such deficiency to Lessor immediately upon demand therefor by Lessor. Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Lessor, as soon as ascertained, any costs and expenses incurred by Lessor in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Sources: Lease Agreement (Aura Systems Inc)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, abandonment of the Premises by Lessee Tenant or in the event that Lessor Landlord shall elect to re-enter as provided in paragraph 14.3 Article 22.B above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor then if Landlord does not elect to terminate this Lease as provided in Section 14.2 Article 22.A above, then Lessor the provisions of California Civil Code Section 1951.4, (Landlord may continue the lease in effect after Tenant’s breach and abandonment and recover rent as it becomes due, if Tenant has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, either recover all Rent rental as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates or rentals and upon such other terms and conditions as Lessor, Landlord in its sole discretion, discretion may deem advisable with the right to make alterations and repairs to the Premises. In the event that Lessor elects Landlord shall elect to relet the Premisesso relet, then Rent rentals received by Lessor Landlord from such reletting shall be applied; : first, to the payment of any indebtedness other than Base Monthly Rent due hereunder from Lessee Tenant to LessorLandlord; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of Base Monthly Rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor Landlord and applied to the in payment of future Base Monthly Rent as the same may become due and payable hereunder. Landlord shall have no obligation to relet the Premises following a default if Landlord has other available space within the Building or Project. Should that portion of such Rent rentals received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined aboverent hereunder, be less than the Rent rent payable during that month by Lessee Tenant hereunder, then Lessee Tenant shall pay such deficiency to Lessor Landlord immediately upon demand therefor by LessorLandlord. Such deficiency shall be calculated and paid monthly. Lessee Tenant shall also pay to LessorLandlord, as soon as ascertained, any costs and expenses incurred by Lessor Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Sources: Lease Agreement (Western Digital Corp)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor does not elect to terminate this Lease as provided in Section 14.2 above, then Lessor may from time to time, without terminating this Lease, either recover all Rent as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates and upon such other terms and conditions as Lessor, in its sole discretion, may deem advisable with the right to make alterations and repairs to the Premises. In the event that Lessor elects to relet the Premises, then Rent received by Lessor from such reletting shall be applied; first, to the payment of any indebtedness other than Rent due hereunder from Lessee to Lessor; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of Rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor and applied to the payment of future Rent as the same may become due and payable hereunder. Should that portion of such Rent received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined above, be less than the Rent payable during that month by Lessee hereunder, then Lessee shall pay such deficiency to Lessor immediately upon demand therefor by Lessor. Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Lessor, as soon as ascertained, any costs and expenses incurred by Lessor in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.expenses

Appears in 1 contract

Sources: Lease Agreement (Gadzoox Networks Inc)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, abandonment of the Premises by Lessee Tenant or in the event that Lessor Landlord shall elect to re-enter as provided in paragraph 14.3 22.B above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor then if Landlord does not elect to terminate this Lease as provided in Section 14.2 paragraph 22.A above, then Lessor the provisions of California Civil Code Section 1951.4, (Landlord may continue the lease in effect after Tenant's breach and abandonment and recover rent as it becomes due, if Tenant has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, either recover all Rent rental as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates or rentals and upon such other terms and conditions as Lessor, Landlord in its sole discretion, discretion may deem advisable with the right to make alterations and repairs to the Premises. In the event that Lessor elects Landlord shall elect to relet the Premisesso relet, then Rent rentals received by Lessor Landlord from such reletting shall be applied; : first, to the payment of any indebtedness other than Base Monthly Rent due hereunder from Lessee Tenant to LessorLandlord; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of Base Monthly Rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor Landlord and applied to the in payment of future Base Monthly Rent as the same may become due and payable hereunder. Landlord shall have no obligation to relet the Premises following a default if Landlord has other available space within the Building or Project. Should that portion of such Rent rentals received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined aboverent hereunder, be less than the Rent rent payable during that month by Lessee Tenant hereunder, then Lessee Tenant shall pay such deficiency to Lessor Landlord immediately upon demand therefor by Lessorlandlord. Such deficiency shall be calculated and paid monthly. Lessee Tenant shall also pay to LessorLandlord, as soon as ascertained, any costs and expenses incurred by Lessor Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Sources: Sublease Agreement (Trident Microsystems Inc)

Abandonment. In If tenant moves before the event end of this lease, it shall be tenant’s responsibility to pay a fee to re-­rent the property equal to one month’s rent. The tenant is ad-­ ditionally responsible for the monthly rental payments until the expiration of this lease or until rent is received under a new lease. If tenant is absent from the premises for MORE THAN 5 CONSECUTIVE DAYS, while rent is in default, tenant hereby instructs landlord to consider the premises abandoned, and to dispose of any property left on the premises as landlord sees fit, without being liable to tenant. LEGAL PROCEEDINGS: It is further agreed that no waiver of any breach of any covenant, condition of agreement herein contained shall operate as a waiver of the vacation covenant, or abandonmentagreement itself, except as provided in Section 7or any subsequent breach thereof. Tenants shall pay owner all costs, of the Premises by Lessee or in the event that Lessor shall elect expenses including but not limited to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by lawattorney fees, collection agency fees, processing fees, and Lessor does court charges resulting from the enforcement of covenants and agreements of this lease. MAINTENANCE OF PREMISES: It is further agreed that the said tenant will not elect do, suffer or permit anything to terminate this Lease as provided in Section 14.2 above, then Lessor may from time to time, without terminating this Lease, either recover all Rent as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates and upon such other terms and conditions as Lessorbe done, in its sole discretionor about the premises which will contravene the policy of insurance against loss by fire or increase the fire insurance rate, may deem advisable with the right to make alterations and repairs to the Premisesor keep any gasoline or other combustibles on said premises. In the event fire is caused by tenant’s negligence, tenant will be held responsible for any lost rents suffered by the landlord while property is being repaired. It is further agreed that Lessor elects to relet the Premisestenant will keep said premises, then Rent received by Lessor from such reletting shall be applied; first, to the payment of any indebtedness other than Rent due hereunder from Lessee to Lessor; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of Rent due and unpaid hereunder; and the residueincluding garage, if any, in good order and condition, keep all portions of the leased premises in clean and sanitary condition and comply with all applicable federal, state and local laws, ordinances and regulations with respect to said premises. RESPONSIBILITY FOR REPAIRS: Any repairs made necessary due to the negligence of the tenant, his licenses, his invitees, and his pets, shall be held by Lessor and applied to the payment of future Rent as the same may become due and payable hereunder. Should that portion of such Rent received from such reletting during any month, which is applied paid for by the payment tenant (ie, broken locks, windows, doors, walls, etc.). This would include plumbing obstruction due to negligence of Rent hereunder according the tenant, his family, servants, employees or guests. The tenant is fully responsible for repairs to all appliances other than those attributable to normal usage. NOTICE OF DEFECTS: It is further agreed that the application procedure outlined abovetenant will give landlord or agent prompt notice of any defects, leaks or breakage in the structure, equipment or fixtures of said premises, including damage by fire, storm and flood. If additional damage results from tenant’s failure to notify landlord of a defect, tenant will be less than responsible for the Rent payable during that month expense of repairing said damage. Landlord will not provide reimbursement/replacement of personal property, utilities, and/or rent at any time. SURRENDER OF PREMISES: Tenant agrees to surrender the said premises and all the landlord’s furniture and fixtures there in good, clean and operating condition at the expira-­ tion of this lease. Normal wear and damage by Lessee hereunderfire, then Lessee shall pay such deficiency storm and public enemies only accepted. There should be no trash or debris left in or around premises including attic, yard, closets or porch. Property to Lessor immediately upon demand therefor by Lessorbe broom swept and mopped, bathrooms, kitchens and bedrooms cleaned, carpets vacuumed, all appliances clean and operating, no painted walls (charge per wall will apply) with no broken windows or holes in walls, etc. Such deficiency shall Tenant will be calculated and paid monthly. Lessee shall also pay to Lessorcharged for the above items a minimum of $250 each, as soon as ascertained, any costs and expenses incurred by Lessor in such reletting or in making such alterations and repairs if not covered completed by the rentals received from date property is vacated. Tenant will also be responsible for any vandalism to property even after vacating said premises until such relettingtime as all keys are returned to: .

Appears in 1 contract

Sources: Residential Lease Agreement

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, abandonment of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor Tenant if Landlord does not elect to terminate this Lease as provided in Section 14.2 paragraph 22.(a) above, then Lessor the provisions of California Civil Code Section 1951.4, as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, either recover all Rent rental as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates or rentals and upon such other terms and conditions as Lessor, Landlord in its sole discretion, reasonable discretion may deem advisable with the right to make alterations and repairs to the Premises. In the event that Lessor elects Landlord shall elect to relet the Premisesso relet, then Rent rentals received by Lessor Landlord from such reletting shall be applied; : first, to the payment of any indebtedness other than Rent rent due hereunder from Lessee Tenant to LessorLandlord; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of Rent rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor Landlord and applied to the in payment of future Rent rent as the same may become due and payable hereunder. Should that portion of such Rent rentals received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined aboverent hereunder, be less than the Rent rent payable during that month by Lessee Tenant hereunder, then Lessee Tenant shall pay such deficiency to Lessor Landlord immediately upon demand therefor by LessorLandlord. Such deficiency shall be calculated and paid monthly. Lessee Tenant shall also pay to LessorLandlord, as soon as ascertained, any costs and expenses incurred by Lessor Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Sources: Sublease (Hybrid Networks Inc)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor does not elect to terminate this Lease as provided in Section 14.2 above, then Lessor may from time to time, without terminating this Lease, either recover all Rent as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates and upon such other terms and conditions as Lessor, in its sole discretion, may deem advisable with the right to make alterations and repairs to the Premises. In the event that Lessor elects to relet the Premises, then any Rent received by Lessor from such reletting shall be applied; first, to the payment of any indebtedness other than Rent due hereunder from Lessee to Lessor; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of Rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor and applied to the payment of future Rent as the same may become due and payable hereunder. Should that portion of such Rent received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined above, be less than the Rent payable during that month by Lessee hereunder, then Lessee shall pay such deficiency to Lessor immediately upon demand therefor by Lessor. Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Lessor, as soon as ascertained, any costs and expenses incurred by Lessor in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Sources: Lease Agreement (Lynuxworks Inc)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, abandonment of the Premises by Lessee Tenant or in the event that Lessor Landlord shall elect to re-enter as provided in paragraph 14.3 22.B above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor then if Landlord does not elect to terminate this Lease as provided in Section 14.2 paragraph 22.A above, then Lessor the provisions of California Civil Code Section 1951.4, (Landlord may continue the lease in effect after Tenant's breach and abandonment and recover rent as it becomes due, if Tenant has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, either recover all Rent rental as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates or rentals and upon such other terms and conditions as Lessor, Landlord in its sole discretion, discretion may deem advisable with the right to make alterations and repairs to the Premises. In the event that Lessor elects Landlord shall elect to relet the Premisesso relet, then Rent rentals received by Lessor Landlord from such reletting shall be applied; : first, to the payment of any indebtedness other than Base Monthly Rent due hereunder from Lessee Tenant to LessorLandlord; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of Base Monthly Rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor Landlord and applied to the in payment of future Base Monthly Rent as the same may become due and payable hereunder. Landlord shall have no obligation to relet the Premises following a default if Landlord has other available space within the Building or Project. Should that portion of such Rent rentals received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined aboverent hereunder, be less than the Rent rent payable during that month by Lessee Tenant hereunder, then Lessee Tenant shall pay such deficiency to Lessor Landlord immediately upon demand therefor by LessorLandlord. Such deficiency shall be calculated and paid monthly. Lessee Tenant shall also pay to LessorLandlord, as soon as ascertained, any costs and expenses incurred by Lessor Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Sources: Lease Agreement (Therma Wave Inc)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor If Landlord does not elect to terminate this Lease as provided in Section 14.2 13.A or 13.B above, then Lessor the provisions of California Civil Code Section 1951.4, (Landlord may continue the lease in effect after Tenant's breach and abandonment and recover rent as it becomes due if Tenant has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, either recover all Rent rental as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates or rentals and upon such other terms and conditions as Lessor, Landlord in its sole discretion, discretion may deem advisable advisable, with the right to make alterations and repairs to the Premises. In the event that Lessor Landlord elects to relet the Premisesso relet, then Rent rentals received by Lessor Landlord from such reletting shall be applied; first, to applied in the following order to: (i) the payment of any indebtedness other than Base Monthly Rent due hereunder from Lessee Tenant to LessorLandlord; second, to (ii) the payment of any cost of such reletting; third, to (iii) the payment of the cost of any alterations and repairs to the Premises; fourth, to and (iv) the payment of Base Monthly Rent due and unpaid hereunder; and the residue. The residual rentals, if any, shall be held by Lessor Landlord and applied to the in payment of future Base Monthly Rent as the same may become due and payable hereunder. Should that In the event the portion of such Rent rentals received from such reletting during any month, which is applied by to the payment of Rent rent hereunder according to the application procedure outlined above, during any month be less than the Rent rent payable during that month by Lessee Tenant hereunder, then Lessee Tenant shall pay such deficiency to Lessor Landlord immediately upon demand therefor by Lessordemand. Such deficiency shall be calculated and paid monthly. Lessee Tenant shall also pay to LessorLandlord, as soon as ascertained, any costs and expenses incurred by Lessor Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Sources: Lease Agreement (Concentric Network Corp)

Abandonment. In Should the event Lessee vacate or abandon said Premise or should the leasehold interest be levied on under execution or seized by any legal process or should the Lessee be declared bankrupt or insolvent or make an assignment for the benefit of creditors, or should the Lessee violate any of the vacation terms, conditions, covenants, or abandonmentrestrictions of this Lease, except as provided or if a receiver be appointed for the Lessee's business of estate in Section 7any bankruptcy or other proceeding or otherwise, then and in any of such case, the Lessor may, if so desired, at once or at any time thereafter Lessor desires, declare such tenancy terminated, in case the Lessor elects to take advantage of the rights conferred by the foregoing provisions of this paragraph, or if the Lessee shall vacate or abandon said Premises or cease to use same for the purpose rented, or if, after default by Lessee or in any covenant of this Lease, the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above enter, whether with or shall take possession of without legal process, the Premises pursuant Lessor is hereby irrevocably authorized, if Lessor so desires, to legal proceeding or pursuant to any notice provided by lawremove the Lessee's signs, and Lessor does not elect to terminate this Lease as provided in Section 14.2 above, then Lessor may from time to time, without terminating this Lease, either recover all Rent as it becomes due or relet the said Premises or any part thereof for such thereof; and if the Lessor does not from any cause, including failure to collect rent if re-rented, realize an actual income from said Premises during the entire original term or terms and at such of said lease equal to the rental rates and upon such other terms and conditions as Lessorherein agreed to be paid, in its sole discretion, may deem advisable together with the right to make alterations expenses of reletting and repairs to altering said Premises for any new tenant, the Premises. In the event that Lessor elects to relet the Premises, then Rent received by Lessor from such reletting Lessee shall be applied; first, to the payment of pay any indebtedness other than Rent due hereunder from Lessee to Lessor; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of Rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor and applied to the payment of future Rent deficit each month as the same may become due and payable hereunder. Should that portion of such Rent received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined above, be less than the Rent payable during that month by Lessee hereunder, then Lessee shall pay such deficiency to Lessor immediately upon demand therefor by Lessor. Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Lessor, as soon as ascertained, any costs and expenses incurred by Lessor in such reletting or in making such alterations and repairs not covered by the rentals received from such relettingaccrues.

Appears in 1 contract

Sources: Lease Agreement (Kids Stuff Inc)

Abandonment. In If, during the event term of the vacation or abandonment, except as provided in Section 7, of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor does not elect to terminate this Lease as provided in Section 14.2 above, then Lessor may from time to time, without terminating this Lease, either recover all Rent LESSEE shall abandon, vacate or remove from the Leased Premises the major portion of the good, wares, equipment or furnishing usually kept on said Leased Premises, or shall cease doing business in said Leased Premises, or shall suffer the rent to be in arrears, LESSOR may, at its option, cancel this Lease in the manner stated in Paragraph 28 hereof, or LESSOR may declare the total remaining balance of rent for the remaining term of this lease to be immediately due and payable pursuant to the terms of Paragraph 12 hereof, or LESSOR may enter said Leased Premises as it becomes due the agent of LESSEE by reasonable force or otherwise, without being liable in any way therefor, and relet the Leased Premises with or without any part thereof for such term or terms and furniture that may be therein as the agent of LESSEE, at such rental rates price and upon such other terms and conditions for duration of time as LessorLESSOR may determine and receive the rent thereof, in its sole discretion, may deem advisable with applying the right to make alterations and repairs to the Premises. In the event that Lessor elects to relet the Premises, then Rent received by Lessor from such reletting shall be applied; first, to the payment of any indebtedness other than Rent due hereunder from Lessee to Lessor; second, to the payment of any cost of such reletting; third, same to the payment of the cost rent due by LESSEE, and if the full rental herein provided shall nor be realized by LESSOR over and above the expenses to LESSOR of such reletting, LESSEE shall pay any alterations and repairs deficiency. Notwithstanding anything contained in this paragraph to the Premises; fourthcontrary, to the payment of Rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor and applied to the payment of future Rent so long as the same may become due and payable hereunder. Should that portion monthly rental is paid by LESSEE, LESSEE shall not be deemed to be in default of such Rent received from such reletting during any month, which is applied by this Lease even if the payment of Rent hereunder according to the application procedure outlined above, be less than the Rent payable during that month by Lessee hereunder, then Lessee shall pay such deficiency to Lessor immediately upon demand therefor by Lessor. Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Lessor, as soon as ascertained, any costs and expenses incurred by Lessor in such reletting or in making such alterations and repairs not covered by the rentals received from such relettingpremises are vacant.

Appears in 1 contract

Sources: Standard Office Building Lease (Amcomp Inc /Fl)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in paragraph 14.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor does not elect to terminate this Lease as provided in Section 14.2 above, then Lessor may from time to time, without terminating this Lease, either recover all Rent as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates and upon such other terms and conditions as Lessor, in its sole discretion, may deem advisable with the right to make alterations and repairs to the Premises. In the event that Lessor elects to relet the Premises, then Rent received by Lessor from such reletting shall be applied; first, to the payment of any indebtedness other than Rent due hereunder from Lessee to Lessor; second, to the payment of any cost of such reletting; third, to the payment of the cost of any reasonable and necessary alterations and repairs to the Premises; fourth, to the payment of Rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor and applied to the payment of future Rent as the same may become due and payable hereunder. Should that portion of such Rent received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined above, be less than the Rent payable during that month by Lessee hereunder, then Lessee shall pay such deficiency to Lessor immediately upon demand therefor by Lessor. Such deficiency shall be calculated and paid monthly. Lessee shall also pay to Lessor, as soon as ascertained, any costs and expenses incurred by Lessor in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Sources: Lease Agreement (Mission West Properties Inc)

Abandonment. In the event of the vacation or abandonment, except as provided in Section 7, abandonment of the Premises by Lessee Tenant or in the event that Lessor Landlord shall elect to re-enter as provided in paragraph 14.3 22.B above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, and Lessor then if Landlord does not elect to terminate this Lease as provided in Section 14.2 paragraph 22.A above, then Lessor the provisions of California Civil Code Section 1951.4, (Landlord may continue the lease in effect after Tenant's breach and abandonment and recover rent as it becomes due, if Tenant has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, either recover all Rent rental as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental rates or rentals and upon such other terms and conditions as Lessor, Landlord in its sole discretion, discretion may deem advisable with the right to make alterations and repairs to the Premises. In the event that Lessor elects Landlord shall elect to relet the Premisesso relet, then Rent rentals received by Lessor Landlord from such reletting shall be applied; first, to the payment of any indebtedness other than Base Monthly Rent due hereunder from Lessee Tenant to LessorLandlord; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of Base Monthly Rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor Landlord and applied to the in payment of future Base Monthly Rent as the same may become due and payable hereunder. Landlord shall have no obligation to relet the Premises following a default if Landlord has other available space within the Building. Should that portion of such Rent rentals received from such reletting during any month, which is applied by the payment of Rent hereunder according to the application procedure outlined aboverent hereunder, be less than the Rent rent payable during that month by Lessee Tenant hereunder, then Lessee Tenant shall pay such deficiency to Lessor Landlord immediately upon demand therefor by LessorLandlord. Such deficiency shall be calculated and paid monthly. Lessee Tenant shall also pay to LessorLandlord, as soon as ascertained, any costs and expenses incurred by Lessor Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Sources: Lease Agreement (Diagnostic Retrieval Systems Inc)