Common use of DEFAULT AND POSSESSION Clause in Contracts

DEFAULT AND POSSESSION. In the event that the Lessee shall fail to pay said rent, and expenses as set forth herein, or any part thereof, when the same are due and payable, or shall otherwise be in default of any other terms of said Lease for a period of more than 15 days, after receiving notice of said default, then the parties hereto expressly agree and covenant that the Lessor may declare the Lease terminated and may immediately re-enter said premises and take possession of the same. In addition, it is understood that the Lessor may ▇▇▇ the Lessee for any damages or past rents due and owing and may undertake all and additional legal remedies then available. In the event any legal action has to be instituted to enforce any terms or provisions under this Lease, then the prevailing party in said action shall be entitled to recover a reasonable attorney's fee in addition to all costs of said action. Rent which is in default for more than 14 days after due date shall accrue a payment penalty of two percent (2%) of the amount of the delinquent rental payment. In this regard, all delinquent rental payments made shall be applied first toward interest due and the remaining toward delinquent rental payments.

Appears in 2 contracts

Sources: Commercial Lease Agreement (VESPER Corp), Commercial Lease Agreement