Breach Default and Remedies. The covenants and agreements herein shall be conditions as well as covenants, and breach of any of them, including (i) the failure to pay rent when due, or (ii) the vacation of the Premises or (iii) the abandonment of the business proposed for the Premises for a period greater than 14 days regardless of the payment of rent (this shall include the failure to be open for business for any consecutive 14 day period), or (iv) the failure to comply with any term, provision or covenant of the Lease other than payment of rent, and subsequent failure to cure within 14 days written notice thereof to Tenant, or (v) any act or omission that allows a lien to be filed against the Premises, or (vi) the Tenant or any Guarantor shall become insolvent, or (vii) the making of an assignment for the benefit of the creditors by Tenant or any Guarantor, or the appointment of a receiver for Tenant or any Guarantor, or the filing of a petition by the Tenant or any Guarantor for reorganization, or relief of debtors, or a voluntary petition in bankruptcy, or adjudication of bankruptcy of Tenant or any Guarantor, whether voluntary or involuntary, shall constitute a default on the part of Tenant. Upon default by Tenant, the Landlord shall, at its option have the following remedies: (a) Landlord may terminate the Lease and take possession of the Premises; (b) terminate the Lease and recover damages in an amount equal to the unpaid future rent or in any greater amount permitted by law; (c) terminate Tenant’s right to possession without terminating the Lease or obligation to pay rent, whereupon Tenant shall pay Landlord all unpaid rent for the entire Term of the Lease and Landlord shall endeavor to lease the Premises for the account of Tenant, and any reasonable expense of reletting, remodeling or repair shall be charged against the rent received on reletting; (d) any other remedy permitted by Federal or State law. The remedies granted to Landlord shall be cumulative, and exhaustion of one shall not preclude Landlord from resorting to another. In each and every instance of default, and while the same continues, Landlord may re-enter the Premises, using all necessary force, and Tenant’s right to enter said Premises shall be suspended, and in order to effectuate such re-entry and suspension, Landlord may change locks on the doors of the Premises and exclude Tenant from the Building until any and all defaults are cured by Tenant. Such re-entry and suspension, and the changing of locks, shall not operate as an eviction or cancellation of this Lease. The waiver by Landlord of any default shall not be a waiver or consent to the continuation of such default or to a subsequent default.
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Breach Default and Remedies. The covenants and agreements herein a. Tenant shall be conditions as well as deemed to be in default if any one or more of the following events occurs at any time:
i. Tenant fails to pay any amount of rent, or CAM Fee or other money that is due, at the time it is due and payable, and such failure continues for five (5) days after written notice of such default from Landlord.
ii. Tenant violates or fails to perform any of Tenant’s obligations, commitments, promises, terms, guaranties, covenants, conditions, or rules expressed in this Lease, and breach such violation or failure continues for thirty (30) days after written notice of such default from Landlord.
iii. An assignment is made of the Tenant’s property for the benefit of creditors.
iv. Abandonment of any portion of themthe Property or the closing of Tenant’s business.
v. The filing by or against the Tenant, including (i) or any Guarantors, of any proceedings under the federal bankruptcy act or any similar law and the failure to pay rent when due, or (ii) the vacation secure a discharge of the Premises or same within thirty (iii30) the abandonment days.
vi. The adjudication of the business proposed for the Premises for a period greater than 14 days regardless of the payment of rent (this shall include the failure to be open for business for any consecutive 14 day period), or (iv) the failure to comply with any term, provision or covenant of the Lease other than payment of rent, and subsequent failure to cure within 14 days written notice thereof to Tenant, or (v) any act or omission that allows a lien to be filed against the Premises, or (vi) the Tenant or any Guarantor shall become insolvent, Guarantors as bankrupt or (vii) insolvent in proceedings filed under the making of an assignment for the benefit of the creditors by Tenant federal bankruptcy act or any Guarantor, or the similar law.
vii. The appointment of a receiver or trustee for Tenant the Tenant, any Guarantors or any Guarantorof the assets of the Tenant.
b. Upon any event of default and Tenant’s failure to timely cure such default, Landlord may exercise any one, or the filing of a petition by the Tenant or any Guarantor for reorganizationmore, or relief all of debtors, or a voluntary petition in bankruptcy, or adjudication of bankruptcy of Tenant or any Guarantor, whether voluntary or involuntary, shall constitute a default on the part of Tenant. Upon default by Tenant, the Landlord shall, at its option have the following rights and remedies, in Landlord’s sole discretion:
(a) i. Landlord may terminate the Lease and take possession Tenant’s lease of the Premises; (b) terminate the Lease and recover damages in an amount equal to the unpaid future rent or in any greater amount permitted by law; (c) Property;
ii. Landlord may terminate Tenant’s right to possession without terminating of the Lease or obligation Property;
iii. Landlord may require Tenant to pay rent, whereupon Tenant shall pay to Landlord all unpaid amounts of rent that have become due and payable as of the date of termination, including any interest on delinquent amounts at the rate of twelve (12%) per annum, or the legally allowed maximum rate if that be lower;
iv. Landlord may require Tenant to pay to Landlord an amount equal to all damages resulting from ▇▇▇▇▇▇’s default including, but not limited to:
1. All future rent owed by Tenant for the entire Term remainder of the Lease term then in effect;
2. All costs incurred by Landlord in obtaining possession of the Property;
3. All costs of Landlord in removing and/or storing items that are abandoned by Tenant on the Property;
4. All expenses of re-leasing the Property such as brokerage fees, advertising costs, cleaning expenses, repair costs, expenses to return the Property to rentable condition;
5. All damages to the Property improvements, fixtures, equipment, site, building, and all costs to repair, restore, clean and/or otherwise put the Property back into a reasonably presentable condition, reasonable wear and tear excepted;
6. All costs incurred by ▇▇▇▇▇▇▇▇ in performing any of Tenant’s obligations which Tenant failed to perform;
7. All damages resulting from Tenant’s breach of the covenants in this Lease; and
8. All attorneys’ fees, court costs, and collections expenses incurred by Landlord in the enforcement of this lease against Tenant, whether before or after litigation is filed.
c. Upon the termination of Tenant’s lease, Landlord shall endeavor use reasonable efforts to re-lease the Premises for the account of TenantProperty on such terms as Landlord in Landlord’s sole discretion may determine (including terms different than in this lease); however, and any reasonable expense of reletting, remodeling or repair shall be charged against the rent received on reletting; (d) any other remedy permitted by Federal or State law. The remedies granted to Landlord shall not be cumulative, and exhaustion obligated to re-lease the Property before leasing other portions of one the Building. Tenant’s obligations shall not preclude Landlord from resorting be diminished because of Landlord’s failure to another. In each and every instance of default, and while the same continues, Landlord may re-enter lease the Premises, using all necessary force, and Tenant’s right Property or to enter said Premises shall be suspended, and in order to effectuate collect rent due for such re-entry and suspensionleasing, to the extent that Landlord is unable to re-lease the Property upon reasonable terms. Tenant shall not be entitled to the excess of any consideration obtained by re-leasing over the Rent due hereunder.
d. Any damages or loss of rent sustained by Landlord may change locks on be recovered by Landlord, at Landlord's option, in separate actions, from time to time; or, at Landlord's option, may be deferred until the doors expiration of the Premises and exclude Tenant from term of this Lease (in which event, the Building until any and all defaults are cured by Tenant. Such re-entry and suspension, and the changing cause of locks, action shall not operate as an eviction or cancellation be deemed to have accrued until the date of expiration of the term of the Lease). The provisions contained in this paragraph shall be in addition to and shall not prevent the enforcement of any claim Landlord may have against Tenant for anticipatory breach of the unexpired term of this Lease.
e. All rights and remedies of Landlord under this lease shall be cumulative and shall not prohibit Landlord from exercising any other rights and remedies available to Landlord under applicable law or at equity, including but not limited to, a lawsuit for damages, an injunction, or specific performance. The No waiver by Landlord of any default breach of any covenant, condition, agreement, rule or regulation herein contained shall not be operate as a waiver or consent to the continuation of such default covenant, condition, agreement, rule or regulation itself, or of any subsequent breach thereof.
f. To the full extent permitted by law or equity, Landlord and Tenant agree that the Oklahoma District Court in Cleveland County Oklahoma, and the Federal District Court in the Western District of Oklahoma shall have exclusive jurisdiction over any matter relating to a subsequent defaultor arising from this lease and the parties’ rights and obligations under this lease, and that Oklahoma law shall govern the interpretation and enforcement of this lease.
g. All personal property not removed by the Tenant from the Property within ten
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Sources: Lease Agreement
Breach Default and Remedies. The covenants and agreements herein shall be conditions as well as covenants, covenants and breach of any of themthe, including (i) or the failure to pay rent when due, or (ii) the vacation of the Premises or (iii) the abandonment of the business proposed for the Premises for a period greater than 14 days regardless of the payment of rent (this shall include the failure to be open for business for any consecutive 14 day period), or (iv) the failure to comply with any term, provision or covenant of the Lease other than payment of rent, and subsequent failure to cure within 14 days written notice thereof to Tenant, or (v) any act or omission that allows a lien to be filed against the Leased Premises, or (vi) the Tenant or any Guarantor shall become insolvent, or (vii) the making of an assignment for the benefit of the creditors by Tenant or any GuarantorLessee, or the appointment of a receiver received for Tenant or any GuarantorLessee, or the filing of a petition by Lessee, or the Tenant or any Guarantor filing of a petition by Lessee for reorganization, or relief of debtors, or a voluntary petition in bankruptcy, or adjudication of bankruptcy of Tenant or any Guarantor, whether voluntary or involuntaryLessee, shall constitute a default on the part of TenantLessee. Upon default by TenantLessee, the Landlord Lessor shall, at its option option, have the following remedies:
: (a) Landlord may terminate the Lease and take possession posse of the Leased Premises; (b) terminate the Lease and recover damages in an amount equal to the unpaid future rent or in any greater amount permitted by law; (c) terminate Tenant’s Lessee's right to posse without terminating the Lease or obligation to pay rent, whereupon Lessee's right to possession without terminating the Lease or obligation to pay rent, whereupon Tenant Lessee shall pay Landlord Lessor all unpaid rent for the entire Term term of the Lease and Landlord Lessor shall endeavor to lease Lease the Leased Premises for the account of TenantLessee, and any reasonable expense of reletting, remodeling or repair shall be charged a charge against the rent received on reletting; (d) any other remedy permitted by Federal or State law. The Law and the remedies granted to Landlord Lessor shall be cumulative, and exhaustion of one shall not preclude Landlord from Lessor resorting to anotherothers. In Should Lessor elect to immediately terminate the Lease, written notice of that termination may be given by Lessor pursuant to Para▇▇▇▇▇ ▇▇, ▇▇▇▇▇. ▇n each and every instance of default, and while the same continues, Landlord Lessor may re-enter the Premises, said Leased Premises in accordance with appropriate law using all necessary force, and Tenant’s Lessee's right to enter said Leased Premises shall be suspended, and in order to effectuate such re-entry and suspension, Landlord Lessor may change locks on the doors of the said Leased Premises and exclude Tenant Lessee from the said Building until any and all defaults are cured by TenantLessee. Such re-entry and suspension, and the changing of locks, shall not operate as an eviction or cancellation of this Lease. The waiver by Landlord Lessor of any default shall not be a waiver or consent to the continuation of such default or to a subsequent defaultdefault in accordance with appropriate law.
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