Breach Default and Remedies. 19.01 Me following shall constitute events of default: (a) Tenant's failure to pay rent or any other amount due under this Lease within five (5) days after notice of nonpayment; provided, however, that such failure shall constitute an event of default without notice if Landlord has given notice of a similar failure more than two (2) times within the previous twelve (12) months. (b) Tenant's failure to execute, acknowledge and return an estoppel certificate under Article 16, within fifteen (15) days after request. (c) Tenant's failure to perform any other obligation under this Lease within fifteen (15) days after notice of nonperformance; provided, however, that such failure shall constitute an event of default without notice if Landlord has given notice of a similar failure more than two (2) times within the previous twelve (12) months; and further provided that if the breach is of such a nature that it is reasonably curable but cannot be cured within such fifteen (15) day period, Tenant shall have such additional time as is reasonably necessary to cure such default only if and so long as such cure is commenced promptly and diligently pursued to completion; and further provided that in the event of a breach involving an imminent threat to health or safety, Landlord may in its notice of breach reduce the period for cure to such shorter period as may be reasonable under the circumstances. (d) Tenant vacates, abandons, or otherwise ceases to use the Premises on a substantial continuing basis except temporary absence excused by reason of fire, casualty, failure of Building services or other cause wholly beyond Tenant's control. (e) Any goods, chattels or equipment of Tenant is taken in execution ' or in attachment or if a writ of execution is issued against Tenant or Tenant or any guarantor becomes insolvent or commits an act of bankruptcy or becomes bankrupt or takes the benefit of any statute that may be in force for bankrupt or insolvent debtors or becomes involved in voluntary or involuntary winding-up proceedings or if a receiver shall be appointed for the business, property, affairs-or revenues of Tenant or any guarantor (provided, however that in the case of involuntary proceedings, Tenant shall have sixty (60) days to cause them to be dismissed), or Tenant makes a bulk sale of its goods or moves or commences, attempts or threatens to move its goods, chattels and equipment out of the Premises other than in the normal course of its business. 19.02 Upon the occurrence of any event of default, Landlord, at any time thereafter without further notice or demand may exercise any one or more of the following remedies concurrently or in succession: (a) Terminate Tenant's right to possession of the Premises by legal process or otherwise, with or without terminating this Lease, and retake exclusive possession of the Premises. (b) From time to time relet all or portions of the Premises, using reasonable efforts to mitigate Landlord's damages. In connection with any reletting, Landlord may relet for a period extending beyond the term of this Lease and may make alterations or improvements to the Premises without releasing Tenant of any liability. Upon a reletting of all or substantially all of the Premises, Landlord shall be entitled to recover all of its then prospective damages for the balance of the Lease Term measured by the difference between amounts payable under this Lease and the anticipated net proceeds of reletting, but in no event less than zero. (c) From time to time recover accrued and unpaid rent and damages arising from Tenant's breach of the Lease, regardless of whether the Lease has been terminated, together with applicable late charges and interest at the rate of eighteen percent (18%) per annum or the highest lawful rate, whichever is less. (d) Enforce the statutory Landlord's lien on Tenant's property. (e) Recover all attorneys' fees incurred by Landlord in connection with enforcing this Lease, recovering possession and collecting amounts owed. (f) Perform the obligation on Tenant's behalf and recover from Tenant, upon demand, the entire amount expended by Landlord plus twenty percent (20%) for special handling, supervision, and overhead. (g) Pursue other remedies available at law or in equity. 19.03 Upon a termination of Tenant's right to possession, whether or not this Lease is terminated, at the election of Landlord, either (a) subtenancies and other fights of persons claiming under or through Tenant shall be terminated, or (b) Tenant's interest therein shall be assigned to Landlord. Landlord may separately elect termination or assignment with respect to each such subtenancy or other matter.
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Breach Default and Remedies. 19.01 Me The following shall constitute events of default:
(a) Tenant's failure to pay rent or any other amount due under this Lease within five (5) days after notice of nonpayment; provided, however, that such failure shall constitute an event of default without notice if Landlord has given notice of a similar failure more than two (2) times within the previous twelve (12) months.
(b) Tenant's failure Tena▇▇'▇ ▇ailure to execute, acknowledge and return an estoppel certificate under Article 16, within fifteen (15) ten days after request.
(c) Tenant's failure to perform any other obligation under this Lease within fifteen (15) days after notice of nonperformance; provided, however, that such failure shall constitute an event of default without notice if Landlord has given notice of a similar failure more than two (2) times within the previous twelve (12) months; and further provided that if the breach is of such a nature that it is reasonably curable but cannot be cured within such fifteen (15) day perioddays, Tenant shall be deemed to have such additional time as is reasonably necessary to cure such default only cured if and so long as such cure is commenced promptly and diligently pursued to completion; and further provided further, that in the event of a breach involving an imminent threat to health or safety, Landlord may in its notice of breach reduce the period for cure to such shorter period as may be reasonable under the circumstances.
(d) Tenant vacates, abandons, or otherwise ceases to use the Premises on a substantial continuing basis except temporary absence excused by reason of fire, casualty, failure of Building services or other cause wholly beyond Tenant's control.
(e) Any goods, chattels or equipment of Tenant is taken in execution ' or in attachment or if a writ of execution is issued against Tenant or Tenant or any guarantor becomes insolvent or commits an act of bankruptcy or becomes bankrupt or takes the benefit of any statute that may be in force for bankrupt or insolvent debtors or becomes involved in voluntary or involuntary winding-up proceedings or if a receiver shall be appointed for the business, property, affairs-affairs or revenues of Tenant or any guarantor (provided, however however, that in the case of involuntary proceedings, Tenant shall have sixty (60) 60 days to cause them to be dismissed), or Tenant makes a bulk sale of its goods or moves or commences, attempts or threatens to move its goods, chattels and equipment out of the Premises other than in the normal course of its business.
19.02 Upon the occurrence of any event of default, Landlord, at any time thereafter without further notice or demand may exercise any one or more of the following remedies concurrently or in succession:
(a) Terminate Tenant's right Tena▇▇'▇ ▇ight to possession of the Premises by legal process or otherwise, with or without terminating this Lease, and retake exclusive possession of the Premises.
(b) From time to time relet all or portions of the Premises, using reasonable efforts to mitigate Landlord's damages. In , in connection with any reletting, Landlord may relet for a period extending beyond the term of this Lease and may make alterations or improvements to the Premises without releasing Tenant of any liability. Upon a reletting of all or substantially all of the Premises, Landlord shall be entitled to recover all of its then prospective damages for the balance of the Lease Term measured by the difference between amounts payable under this Lease and the anticipated net proceeds of reletting, but in . In no event less than zeroshall Tenant be entitled to receive any amount representing the excess of avails of reletting over amounts payable hereunder.
(c) From time to time recover accrued and unpaid rent and damages arising from Tenant's breach Tena▇▇'▇ ▇reach of the Lease, regardless of whether the Lease has been terminated, terminated together with applicable late charges and interest at the rate of eighteen percent (18%) % per annum or the highest lawful rate, whichever is less.
(d) Enforce the statutory Landlord's lien on Tenant's property.
(e) Recover all attorneys' fees incurred by Landlord in connection with enforcing this Lease, recovering possession and collecting amounts owed.
(f) Perform the obligation on Tenant's behalf Tena▇▇'▇ ▇ehalf and recover from Tenant, upon demand, the entire amount expended by Landlord plus twenty percent (20%) % for special handling, supervision, and overhead.
(g) Pursue other remedies available at law or in equity.
19.03 Upon a termination of Tenant's right to possession, whether or not this Lease is terminated, at the election of Landlord, either (a) subtenancies and other fights of persons claiming under or through Tenant shall be terminated, or (b) Tenant's interest therein shall be assigned to Landlord. Landlord may separately elect termination or assignment with respect to each such subtenancy or other matter.
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Sources: Office Lease (Iphysician Net Inc)