Common use of DEFAULT OF LESSEE Clause in Contracts

DEFAULT OF LESSEE. A. If default is made by Lessee in the observance, or per- formance of any of the provisions, terms or conditions hereof other than provisions providing for the payment of rents, and such default shall continue for thirty (30) days after written demand for performance specifying the nature of the default claimed, given by Lessor to Lessee, or should Lessee abandon the Leased Premises or any part thereof, then, at its option, Lessor, its successors or assigns, may, without notice or process of law, re-enter and take possession of the Leased Premises and remove all persons and all Lessee's property therefrom, and, if necessary, place Lessee's personal property in storage at the expense and risk of Lessee; and to seek enforcement by suit of the provisions hereof on the part of the Lessee required to be kept or performed. Lessee shall not be deemed in default if said default cannot with due diligence be cured within the aforementioned thirty (30) day period and prior to the expiration of such thirty (30) days, Lessee commences to eliminate the cause of such default and proceeds diligently and with reasonable dispatch to take all steps and do all things required to cure such default and does so cure such default within a reasonable time thereafter. B. In case the Lessee shall fail to pay when due any rent or other money coming due to Lessor hereunder, the Lessor shall have the right after five (5) days written notice of such default, to terminate this Lease to the same extent and with all legal incidents as though the Lease Term had expired by efflux of time, except that the Lessee shall have the right to reinstate said Lease by payment in full of all rents and monies due and owing within said five (5) day period; and if Lessee fails to cure said default, it shall be lawful for the Lessor or its agents, to re-enter the Leased Premises and repossess itself of said Leased Premises as of its original estate, and the Lessor may have any other remedies available to it either in equity or at law. C. No re-entry upon the Leased Premises by the Lessor shall be construed as an election on its part to terminate this Lease unless written notice of such intention is given to the Lessee. D. No receipt of monies by Lessor f from Lessee, after the termination for any cause of this Lease shall reinstate, continue or extend the terms of this Lease, it being agreed that, after the commence- ment of a suit or after final judgment for possession of the Leased Premises, the payment of any monies shall not waive or affect said suit or judgment, except by mutual written agreement between Lessor and Lessee.

Appears in 1 contract

Sources: Lease Agreement (Techdyne Inc)

DEFAULT OF LESSEE. A. If default is made This Lease shall, at the, option of Lessor, cease and terminate if (i) Lessee fails to pay rent, including any installment of Monthly Rent or any additional rent, although no legal or formal demand has been made, and such failure to pay rent continues for a period of ten (10) days after written notice addressed to Lessee has been delivered by Lessee in Lessor to the observanceDemised Premises, or per- formance of (ii) Lessee violates or fails to perform any of the provisionsother conditions, terms covenants or conditions hereof other than provisions providing for the payment agreements of rentsthis Lease made by Lessee, and such default shall continue any violation or failure to perform any of those conditions, covenants or agreements continues for a period of thirty (30) days after written demand for performance specifying the nature of the default claimed, given notice thereof has been delivered by Lessor to Lessee, or, in cases where the violation or should Lessee abandon the Leased Premises or any part thereof, then, at its option, Lessor, its successors or assigns, may, without notice or process of law, re-enter and take possession of the Leased Premises and remove all persons and all Lessee's property therefrom, and, if necessary, place Lessee's personal property in storage at the expense and risk of Lessee; and failure to seek enforcement by suit of the provisions hereof on the part of the Lessee required to be kept or performed. Lessee shall perform cannot be deemed in default if said default cannot with due diligence be cured corrected within the aforementioned thirty (30) day period and prior to the expiration of such thirty (30) days, Lessee commences does not begin to eliminate correct the cause violation or failure to perform within thirty (30) days after receiving Lessor's written notice and/or Lessee thereafter does not diligently pursue the correction of such default and proceeds diligently and with reasonable dispatch the violation or failure to take all steps and do all things required perform. Any said violation or failure to cure such default and does so cure such default within a reasonable time thereafter. B. In case the Lessee shall fail perform or to pay when due any rent rent, if left uncorrected, shall operate as a notice to quit, any further notice to quit or other money coming due to Lessor hereunder, the Lessor shall have the right after five (5) days written notice of such default, to terminate this Lease to the same extent and with all legal incidents as though the Lease Term had expired by efflux of time, except that the Lessee shall have the right to reinstate said Lease by payment in full of all rents and monies due and owing within said five (5) day period; and if Lessee fails to cure said default, it shall be lawful for the Lessor or its agents, Lessor's intention to re-enter the Leased Premises and repossess itself of said Leased Premises as of its original estate, and the being hereby expressly waived. Lessor may have any thereafter proceed to recover possession under and by virtue of the provisions of the laws of the jurisdiction in which the Building is located or by such other remedies available to it either in equity or at law. C. No proceedings, including re-entry upon the Leased Premises by the and possession, as may be applicable. If Lessor shall be construed as an election on its part elects to terminate this Lease unless written notice Lease, everything herein contained on the part of such intention is given Lessor to be done and performed shall cease without prejudice to the Lessee. D. No receipt right of monies by Lessor f to recover from Lessee, after Lessee all rent accruing up to and through the date of termination for any cause of this Lease shall reinstateor the date of recovery of possession of the Demised Premises by Lessor, continue whichever is later. Should this Lease be terminated before the expiration of the term of this Lease by reason of Lessee's default as hereinabove provided, or extend if Lessee abandons the terms Demised Premises before the expiration or termination of the term of this Lease, it being agreed thatthe Demised Premises may be relet by Lessor for such rent and upon such terms as are not unreasonable under the circumstances, after and, if the commence- ment full rent hereinabove provided is not realized by Lessor, Lessee shall be liable for all damages sustained by Lessor, including, without limitation, deficiency in rent, reasonable attorneys' fees, brokerage fees, and expenses of a suit placing the Demised Premises in first-class rentable condition. Any damage or after final judgment for possession loss of rent sustained by Lessor (including any deficiency between the rent reserved pursuant to the reletting and the rent reserved under this Lease, accelerated to the date of reletting) may be recovered by Lessor, at Lessor's 'option, at the time of the Leased Premisesreletting, or in separate actions, from time to time. as said damage shall have been made more easily ascertainable by successive relettings, or, at Lessor's option, may be deferred until the payment expiration of the term of this Lease, in which event the cause of action shall not be deemed to have accrued until the date of expiration of said term. The provisions contained in this Section shall be in addition to and shall not prevent the enforcement of any monies shall not waive or affect said suit or judgment, except by mutual written agreement between claim Lessor and Lesseemay have against Lessee for anticipatory breach of the unexpired term of this Lease.

Appears in 1 contract

Sources: Office Lease (Hagler Bailly Inc)

DEFAULT OF LESSEE. The occurrence of any one or more of the following events (in this Article sometimes called "Event of Default") shall constitute a default and breach of this Lease by Lessee: A. If default is made Lessee fails to pay any Base Rent or Additional Rent payable under this Lease or fails to pay any obligation required to be paid by Lessee in when and as the observance, or per- formance of any of the provisions, terms or conditions hereof other than provisions providing for the payment of rentssame shall become due and payable, and such default shall continue continues for a period of five (5) days after written notice thereof given by Lessor to Lessee. B. If Lessee fails to perform any of Lessee's nonmonetary obligations under this Lease for a period of thirty (30) days after written demand for performance specifying the nature of the default claimed, given by Lessor to Lessee, or should Lessee abandon the Leased Premises or any part thereof, then, at its option, notice from Lessor, its successors or assigns, may, without notice or process of law, re-enter and take possession of the Leased Premises and remove all persons and all Lessee's property therefrom, and, ; provided that if necessary, place Lessee's personal property in storage at the expense and risk of Lessee; and to seek enforcement by suit of the provisions hereof on the part of the Lessee more time is required to be kept or performed. complete such performance, Lessee shall not be deemed in default if said default cannot with due diligence be cured Lessee commences such performance within the aforementioned thirty (30) thirty-day period and prior thereafter diligently pursues its completion. However, Lessor shall not be required to give such notice if Lessee's failure to perform constitutes a non-curable breach of this Lease. The notice required by this subsection is intended to satisfy any and all notice requirements imposed by law on Lessor and is not in addition to any such requirement. C. If Lessee, by operation of law or otherwise, violates the expiration provisions of such Article XI hereof relating to assignment, sublease, mortgage or other transfer of Lessee's interest in this Lease or in the Premises or in the income arising therefrom. D. Lessee, by operation of law or otherwise, violates the provisions of Article XVII.R relating to compliance with environmental laws. E. If (i) Lessee makes a general assignment or general arrangement for the benefit of creditors; (ii) a petition for adjudication of bankruptcy or for reorganization or rearrangement is filed by or against Lessee and is not dismissed within thirty (30) days, Lessee commences to eliminate the cause of such default and proceeds diligently and with reasonable dispatch ; (iii) if a trustee or receiver is appointed to take possession of substantially all steps of Lessee's assets located at the Premises or of Lessee's interest in this Lease and do possession is not restored to Lessee within thirty (30) days; or (iv) if substantially all things required of Lessee's assets located at the Premises or of Lessee's interest in this Lease is subjected to cure such default and does so cure such default within a reasonable time thereafter. B. In case the Lessee shall fail to pay when due any rent attachment, execution or other money coming due to Lessor hereunder, the Lessor shall have the right after five judicial or non-judicial seizure which is not discharged within thirty (530) days written notice days. If a court of such default, to terminate this Lease to the same extent and with all legal incidents as though the Lease Term had expired by efflux of time, except competent jurisdiction determines that the Lessee shall have the right to reinstate said Lease by payment in full of all rents and monies due and owing within said five (5) day period; and if Lessee fails to cure said default, it shall be lawful for the Lessor or its agents, to re-enter the Leased Premises and repossess itself of said Leased Premises as of its original estate, and the Lessor may have any other remedies available to it either in equity or at law. C. No re-entry upon the Leased Premises by the Lessor shall be construed as an election on its part to terminate this Lease unless written notice of such intention is given to the Lessee. D. No receipt of monies by Lessor f from Lessee, after the termination for any cause of this Lease shall reinstate, continue or extend the terms of this Lease, it being agreed that, after the commence- ment of a suit or after final judgment for possession of the Leased Premises, the payment of any monies shall not waive or affect said suit or judgment, except by mutual written agreement between Lessor and Lessee.acts described in this

Appears in 1 contract

Sources: Lease (Vanstar Corp)

DEFAULT OF LESSEE. The occurrence of any one or more of the following events (in this Article sometimes called "Event of Default") shall constitute a default and breach of this Lease by Lessee: A. If default is made Lessee fails to pay any Base Rent or Additional Rent payable under this Lease or fails to pay any obligation required to be paid by Lessee in when and as the observance, or per- formance of any of the provisions, terms or conditions hereof other than provisions providing for the payment of rentssame shall become due and payable, and such default shall continue continues for a period of five (5) days after written notice thereof given by Lessor to Lessee. B. If Lessee fails to perform any of Lessee's nonmonetary obligations under this Lease for a period of thirty (30) days after written demand for performance specifying the nature of the default claimed, given by Lessor to Lessee, or should Lessee abandon the Leased Premises or any part thereof, then, at its option, notice from Lessor, its successors or assigns, may, without notice or process of law, re-enter and take possession of the Leased Premises and remove all persons and all Lessee's property therefrom, and, ; provided that if necessary, place Lessee's personal property in storage at the expense and risk of Lessee; and to seek enforcement by suit of the provisions hereof on the part of the Lessee more time is required to be kept or performed. complete such performance, Lessee shall not be deemed in default if said default cannot with due diligence be cured Lessee commences such performance within the aforementioned thirty (30) thirty-day period and prior thereafter diligently pursues its completion. However, Lessor shall not be required to give such notice if Lessee's failure to perform constitutes a non-curable breach of this Lease. The notice required by this subsection is intended to satisfy any and all notice requirements imposed by law on Lessor and is not in addition to any such requirement. C. If Lessee, by operation of law or otherwise, violates the expiration provisions of such Article XI hereof relating to assignment, sublease, mortgage or other transfer of Lessee's interest in this Lease or in the Premises or in the income arising therefrom. D. Lessee, by operation of law or otherwise, violates the provisions of Article XVII.R relating to compliance with environmental laws. E. If (i) Lessee makes a general assignment or general arrangement for the benefit of creditors; (ii) a petition for adjudication of bankruptcy or for reorganization or rearrangement is filed by or against Lessee and is not dismissed within thirty (30) days, Lessee commences to eliminate the cause of such default and proceeds diligently and with reasonable dispatch ; (iii) if a trustee or receiver is appointed to take possession of substantially all steps of Lessee's assets located at the Premises or of Lessee's interest in this Lease and do possession is not restored to Lessee within thirty (30) days; or (iv) if substantially all things required of Lessee's assets located at the Premises or of Lessee's interest in this Lease is subjected to cure attachment, execution or other judicial or non-judicial seizure which is not discharged within thirty (30) days. If a court of competent jurisdiction determines that any of the acts described in this subsection does not constitute an Event of Default and a trustee is appointed to take possession (or if Lessee remains a debtor in possession) and such default trustee or Lessee transfers Lessee's interest hereunder, then Lessor shall receive, as Additional Rent, the difference between the rent (or any other consideration) paid in connection with such assignment or sublease and does so cure the rent payable by Lessee hereunder. As used in this subsection, the term "Lessee" shall also mean any guarantor of Lessee's obligations under this Lease. If any such default within a reasonable Event of Default shall occur, Lessor, at any time during the continuance of any such Event of Default, may give written notice to Lessee stating that this Lease shall expire and terminate on the date specified in such notice, and upon the date specified in such notice this Lease, and all rights of Lessee under this Lease, including all rights of renewal whether exercised or not, shall expire and terminate, or in the alternative or in addition to the foregoing remedy, Lessor may assert and have the benefit of any other remedy allowed herein, at law, or in equity. Upon the occurrence of an Event of Default by Lessee, and at any time thereafter. B. In case , with or without notice or demand and without limiting Lessor in the Lessee shall fail to pay when due exercise of any rent right or other money coming due to Lessor hereunder, the Lessor shall have the right after five (5) days written notice of such default, to terminate this Lease to the same extent and with all legal incidents as though the Lease Term had expired by efflux of time, except that the Lessee shall have the right to reinstate said Lease by payment in full of all rents and monies due and owing within said five (5) day period; and if Lessee fails to cure said default, it shall be lawful for the Lessor or its agents, to re-enter the Leased Premises and repossess itself of said Leased Premises as of its original estate, and the remedy which Lessor may have any other remedies available to it either in equity or at law. C. No re-entry upon the Leased Premises by the have, Lessor shall be construed as an election on its part to terminate this Lease unless written notice of such intention is given entitled to the Lessee. D. No receipt of monies by Lessor f from Lessee, after the termination for any cause of this Lease shall reinstate, continue or extend the terms of this Lease, it being agreed that, after the commence- ment of a suit or after final judgment for possession of the Leased Premises, the payment of any monies shall not waive or affect said suit or judgment, except by mutual written agreement between Lessor rights and Lessee.remedies set forth below:

Appears in 1 contract

Sources: Lease (Papa Johns International Inc)

DEFAULT OF LESSEE. A. If default is made by This Lease shall, at the option of Lessor, cease and terminate if (i) Lessee in the observanceshall fail to pay rent including any installment of monthly rent, costs of preoccupancy tenant work, or per- formance of any of the provisionsadditional rent or other charges, terms although no legal or conditions hereof other than provisions providing for the payment of rentsformal demand has been made, and such default failure to pay rent shall continue for thirty a period of five (305) days after written demand for performance specifying the nature of the default claimed, given notice has been delivered by Lessor to Lessee, or should (ii) Lessee abandon shall violate or fail to perform any of the Leased Premises other conditions, covenants or agreements of this Lease made by Lessee, and any part thereofviolation or failure to perform any of those conditions, thencovenants or agreements shall continue for a period of ten (10) days, at its optionafter written notice thereof has been delivered by Lessor to Lessee, or in cases where the violation or failure to perform cannot be corrected within ten (10) days, Lessee does not begin to correct the violation or failure to perform within ten (10) days after receiving Lessor's written notice and/or Lessee thereafter does not diligently pursue the correction of the violation or failure to perform. Any said violation or failure to perform or to pay any rent, its successors if left uncorrected, shall operate as a notice to quit, any further notice to quit or assigns, may, without notice or process of law, Lessor's intention to re-enter being hereby expressly waived. Lessor may hereafter proceed to recover possession under and take possession of the Leased Premises and remove all persons and all Lessee's property therefrom, and, if necessary, place Lessee's personal property in storage at the expense and risk of Lessee; and to seek enforcement by suit virtue of the provisions hereof of the laws of the District of Columbia or by such other proceedings, including re-entry and possession, as may be applicable. If Lessor elects to terminate this Lease, everything herein contained on the part of the Lessee required Lessor to be kept done and performed shall cease without prejudice to the right of Lessor to recover from Lessee all accrued rent up to the time of termination or performedrecovery of possession by Lessor, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease by reason of Lessee's default as hereinabove provided, or if Lessee shall abandon or vacate the Demised Premises before the expiration or termination of the term of this Lease, the Demised Premises may be relet by Lessor for a monthly rent and upon such terms as are not unreasonable under the circumstances and, if the full monthly rent provided for in this Lease shall not be realized by Lessor, Lessee shall be liable for all damages sustained by Lessor, including, without limitation, deficiency in rent and other payments, reasonable attorneys' fees, brokerage fees, and expenses of placing the Demised Premises in first class rentable condition. Any damage or loss of monthly rent sustained by Lessor may be recovered by Lessor, at Lessor's option, at the time of the reletting, or in separate actions, from time to time, as said damage shall have been made more easily ascertainable by successive relettings, or, at Lessor's option, may be deferred until the expiration of the term of this Lease, in which event the cause of action shall not be deemed in default if said default cannot with due diligence be cured within to have accrued until the aforementioned thirty (30) day period and prior to the date of expiration of such thirty (30) days, Lessee commences to eliminate the cause of such default and proceeds diligently and with reasonable dispatch to take all steps and do all things required to cure such default and does so cure such default within a reasonable time thereafter. B. In case the Lessee shall fail to pay when due any rent or other money coming due to Lessor hereunder, the Lessor shall have the right after five (5) days written notice of such default, to terminate said term. The provisions contained in this Lease to the same extent and with all legal incidents as though the Lease Term had expired by efflux of time, except that the Lessee shall have the right to reinstate said Lease by payment in full of all rents and monies due and owing within said five (5) day period; and if Lessee fails to cure said default, it section shall be lawful for in addition to and shall not prevent the Lessor or its agents, to re-enter the Leased Premises and repossess itself enforcement of said Leased Premises as of its original estate, and the any claim Lessor may have any other remedies available to it either in equity or at law. C. No re-entry upon against Lessee for anticipatory breach of the Leased Premises by the Lessor shall be construed as an election on its part to terminate this Lease unless written notice of such intention is given to the Lessee. D. No receipt of monies by Lessor f from Lessee, after the termination for any cause of this Lease shall reinstate, continue or extend the terms unexpired term of this Lease, it being agreed that, after the commence- ment of a suit or after final judgment for possession of the Leased Premises, the payment of any monies shall not waive or affect said suit or judgment, except by mutual written agreement between Lessor and Lessee.

Appears in 1 contract

Sources: Retail Lease (Century Bancshares Inc)

DEFAULT OF LESSEE. The occurrence of any one or more of the following events (in this Article sometimes called "Event of Default") shall constitute a default and breach of this Lease by Lessee: A. If default is made Lessee fails to pay any Annual Minimum Rent, Percentage Rent or Additional Rent payable under this Lease or fails to pay any obligation required to be paid by Lessee in when and as the observance, or per- formance of any of the provisions, terms or conditions hereof other than provisions providing for the payment of rentssame shall become due and payable, and such default shall continue continues for a period of ten (10) days after written notice thereof given by Lessor to Lessee. B. If Lessee fails to perform any of Lessee's nonmonetary obligations under this Lease for a period of thirty (30) days after written demand notice from Lessor; provided that if more time is required to complete such performance, Lessee shall not be in default if Lessee commences such performance within the thirty- day period and thereafter diligently pursues its completion. However, Lessor shall not be required to give such notice if Lessee's failure to perform constitutes a non-curable breach of this Lease. The notice required by this subsection is intended to satisfy any and all notice requirements imposed by law on Lessor and is not in addition to any such requirement. C. If Lessee, by operation of law or otherwise, violates the provisions of Article XIV hereof relating to assignment, sublease, mortgage or other transfer of Lessee's interest in this Lease or in the Premises or in the income arising therefrom, and such default continues for performance specifying the nature a period of the default claimed, given thirty (30) days after written notice thereof by Lessor to Lessee. D. Lessee, by operation of law or should Lessee abandon the Leased Premises or any part thereofotherwise, then, at its option, Lessor, its successors or assigns, may, without notice or process of law, re-enter and take possession of the Leased Premises and remove all persons and all Lessee's property therefrom, and, if necessary, place Lessee's personal property in storage at the expense and risk of Lessee; and to seek enforcement by suit of violates the provisions hereof on the part of the Lessee required Article XXII relating to be kept or performed. Lessee shall not be deemed in compliance with environmental laws, and such default if said default cannot with due diligence be cured within the aforementioned continues for a period of thirty (30) day period days after written notice thereof by Lessor to Lessee. E. If (i) Lessee makes a general assignment or general arrangement for the benefit of creditors; (ii) a petition for adjudication of bankruptcy or for reorganization or rearrangement is filed by or against Lessee and prior to the expiration of such is not dismissed within thirty (30) days, Lessee commences to eliminate the cause of such default and proceeds diligently and with reasonable dispatch ; (iii) if a trustee or receiver is appointed to take possession of substantially all steps of Lessee's assets located at the Premises or of Lessee's interest in this Lease and do possession is not restored to Lessee within thirty (30) days; or (iv) if substantially all things required of Lessee's assets located at the Premises or of Lessee's interest in this Lease is subjected to cure attachment, execution or other judicial or non-judicial seizure which is not discharged within thirty (30) days. If a court of competent jurisdiction determines that any of the acts described in this subsection does not constitute an Event of Default and a trustee is appointed to take possession (or if Lessee remains a debtor in possession) and such default trustee or Lessee transfers Lessee's interest hereunder, then Lessor shall receive, as Additional Rent, the difference between the rent (or any other consideration) paid in connection with such assignment or sublease and does so cure the rent payable by Lessee hereunder. As used in this subsection, the term "Lessee" shall also mean any guarantor of Lessee's obligations under this Lease. If any such default within a reasonable Event of Default shall occur, Lessor, at any time during the continuance of any such Event of Default, may give written notice to Lessee stating that this Lease shall expire and terminate on the date specified in such notice, and upon the date specified in such notice this Lease, and all rights of Lessee under this Lease, including all rights of renewal whether exercised or not, shall expire and terminate, or in the alternative or in addition to the foregoing remedy, Lessor may assert and have the benefit of any other remedy allowed herein, at law, or in equity. Upon the occurrence of an Event of Default by Lessee, and at any time thereafter. B. In case , with or without notice or demand and without limiting Lessor in the Lessee shall fail to pay when due exercise of any rent right or other money coming due to Lessor hereunder, the Lessor shall have the right after five (5) days written notice of such default, to terminate this Lease to the same extent and with all legal incidents as though the Lease Term had expired by efflux of time, except that the Lessee shall have the right to reinstate said Lease by payment in full of all rents and monies due and owing within said five (5) day period; and if Lessee fails to cure said default, it shall be lawful for the Lessor or its agents, to re-enter the Leased Premises and repossess itself of said Leased Premises as of its original estate, and the remedy which Lessor may have any other remedies available to it either in equity or at law. C. No re-entry upon the Leased Premises by the have, Lessor shall be construed as an election on its part to terminate this Lease unless written notice of such intention is given entitled to the Lessee. D. No receipt of monies by Lessor f from Lessee, after the termination for any cause of this Lease shall reinstate, continue or extend the terms of this Lease, it being agreed that, after the commence- ment of a suit or after final judgment for possession of the Leased Premises, the payment of any monies shall not waive or affect said suit or judgment, except by mutual written agreement between Lessor rights and Lessee.remedies set forth below:

Appears in 1 contract

Sources: Shopping Center Lease (Arizona Furniture Co)

DEFAULT OF LESSEE. A. If default (a) It is made by Lessee mutually agreed that in the observanceevent the Lessee shall default in the payment of Base or Additional Rent herein reserved, when due and fails to cure such default within five (5) days after receipt of written notice of default from Lessor; or per- formance of if Lessee shall be in default in performing any of the provisions, terms or conditions hereof provisions of this Lease other than the provisions providing for requiring the payment of rentsRent, and fails to cure such default shall continue within ten (10) days after the date of receipt of written notice of default from lessor if such default is monetary or thirty (30) days written notice if such default is non-monetary; or if Lessee permanently vacates or abandons the Premises; or if Lessee is adjudicated bankrupt; or if a permanent receiver is appointed for Lessee's property; or if, whether voluntarily or involuntarily, Lessee takes advantage of any debtor relief proceedings under any present or future law, whereby the Rent or any part thereof is, or is proposed to be, reduced or payment thereof deferred; or if Lessee makes an assignment for benefits of creditors; or if Lessee's assets should be levied upon or attached under process against Lessee, and is not satisfied or dissolved within thirty (30) days after written demand for performance specifying the nature notice from Lessor to Lessee to obtain satisfaction thereof; or Lessee fails to observe or perform any of the default claimedcovenants, given conditions or provisions of this Lease to be observed or performed by Lessee, other than as described in this paragraph, where such failure shall continue for a period of thirty (30) days after written notice thereof by Lessor to Lessee, or should Lessee abandon the Leased Premises or any part thereof, ; then, and in the event of any such default or breach by Lessee, Lessor may at any time thereafter, in its optionsole discretion, Lessor, its successors with or assigns, may, without notice or process demand and without limiting Lessor in the exercise of law, re-enter and take a right or remedy which Lessor may have by reason of such default or breach: (i) Terminate Lessee's right to possession of the Leased Premises by any lawful means, in which case this Lease shall terminate and Lessee shall immediately surrender possession of the Premises to lessor. Upon such termination by Lessor, Lessee will at once surrender possession of the Premises to Lessor and remove of all Lessee's effects therefrom which Lessee is authorized hereunder to remove; and Lessor may forthwith m-enter the Premises and repossess himself thereof, and remove all persons and effects therefrom, using such force as may be reasonably necessary, and no such act shall render Lessor guilty of trespass, forcible entry or detainer or other tort. In such event, lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's property therefromdefault including, andbut not limited to, if necessarythe cost of recovering possession of the Premises; expenses of reletting, place including necessary renovation and alteration of the Premises; past due Rent, reasonable attorney's fees and court costs; the value at the time of award by the court having jurisdiction thereof of the amount by which the unpaid Rent and other charges called for herein for the balance of the term after the time of such award exceeds the amount of such loss for the same period that Lessee proves could be reasonably avoided; and that portion of any leasing commission paid by Lessor applicable to the unexpired term of this Lease; or (ii) Maintain Lessee's personal property right to possession, in storage at which case this Lease shall continue in effect whether or not Lessee shall have abandoned the expense and risk of LesseePremises; and in such event Lessor shall be entitled to seek enforcement by suit enforce all of Lessor's rights and remedies under this Lease, including the right to recover the Rent and any other charges as may become due hereunder or to obtain specific performance, injunctive relief or other equitable relief necessary to require Lessee to fulfill all of its obligation and duties set forth herein; or (iii) Declare the balance of the provisions hereof on entire Rent for the part remainder of the Lessee required to be kept or performed. Lessee shall not be deemed in default if said default cannot with due diligence be cured within the aforementioned thirty (30) day period and prior to the expiration term of such thirty (30) days, Lessee commences to eliminate the cause of such default and proceeds diligently and with reasonable dispatch to take all steps and do all things required to cure such default and does so cure such default within a reasonable time thereafter. B. In case the Lessee shall fail to pay when due any rent or other money coming due to Lessor hereunder, the Lessor shall have the right after five (5) days written notice of such default, to terminate this Lease to be immediately due and payable, and then proceed immediately to collect the same extent and with all legal incidents as though the Lease Term had expired unpaid Rent called for by efflux of time, except that the Lessee shall have the right to reinstate said this Lease by payment in full of all rents and monies due and owing within said five distress or otherwise. (5iv) day period; and if Lessee fails to cure said default, it shall be lawful for the Lessor or its agents, to re-enter the Leased Premises and repossess itself of said Leased Premises as of its original estate, and the Lessor may have Pursue any other remedies remedy now or hereafter available to it either in equity Lessor under the laws or at law. C. No re-entry upon the Leased Premises by the Lessor judicial decisions of Florida. Nothing herein contained shall be construed as an election on its part precluding Lessor from having such remedy as may become necessary in order to terminate preserve Lessor's right or the interest of Lessor in the Premises and in this Lease, even before the expiration of the grace or notice periods provided for in this Lease, if under particular circumstances then existing the allowance of such grace or the giving of such notice will prejudice or will endanger the rights and estate of Lessor in this I-ease or in the Premises. All rights and remedies granted in this Lease unless written notice to Lessor or available at law shall be cumulative and not mutually exclusive. Lessee hereby pledges and assigns to Lessor as security for payment of such intention is given to any and all Rent or other sums or amounts provided for herein, all of the Lessee. D. No receipt furniture, fixtures, equipment, goods and chattels of monies Lessee which shall or may be brought or put on or into the Premises, and Lessee agrees that said lien may be enforced by Lessor f from Lesseedistress, after foreclosure or otherwise, at Lessor's election. lessee expressly waives and renounces any and all exemption rights it may now or hereafter acquire under or by virtue of the termination for constitution and laws of the State of Florida or of any cause other state, or of this Lease shall reinstatethe United States, continue as against the payment of said Rent or extend any other obligation or damage that may accrue under the terms of this Lease, it being agreed that, after the commence- ment of a suit . Any notice provided in this paragraph may be given either by lessor or after final judgment for possession of the Leased Premises, the payment of any monies shall not waive or affect said suit or judgment, except by mutual written agreement between Lessor and Lesseeits attorney.

Appears in 1 contract

Sources: Business Lease (Hi Rise Recycling Systems Inc)

DEFAULT OF LESSEE. A. If default is made This Lease shall, at the option of Lessor, cease and terminate if. i) Lessee fails to pay Rent, including any installment of Monthly Rent, additional Rent, costs of the Improvements (if any are payable by Lessee in the observancehereunder), or per- formance any sums, charges, expenses and costs of any of the provisionskind or nature identified in this Lease as additional Rent, terms although no legal or conditions hereof other than provisions providing for the payment of rentsformal demand has been made, and such default shall continue failure to pay Rent continues for thirty a period of five (305) days after written demand notice addressed to Lessee has been delivered by Lessor to the Demised Premises (and to no other address, notwithstanding any other notice address for performance specifying the nature Lessee pursuant to section 41 of this Lease); or ii) Lessee violates or fails to perform any of the default claimedother conditions, given covenants or agreements of this Lease, and any violation or failure to perform any of those conditions, covenants or agreements continues for a period of ten (10) days after written notice thereof has been delivered by Lessor to Lessee, or, in cases where the violation or should failure to perform cannot by its nature be corrected within ten (10) days, Lessee abandon does not begin to correct the Leased Premises violation or failure to perform within ten (10) days after receiving Lessees written notice and/or Lessee thereafter does not diligently pursue the correction of the violation or failure to perform. Any said violation or failure to perform or to pay any part thereofRent, thenif left uncorrected, at its optionshall operate as a notice to quit, any further notice to quit or notice of Lessor, its successors or assigns, may, without notice or process of law, 's intention to re-enter being hereby expressly waived. Lessor may thereafter proceed to recover possession under and take by virtue of the provisions of the laws of the jurisdiction in which the Building is located or by such other proceedings, including re-entry and possession, as may be applicable. If Lessor elects to terminate this Lease, everything herein contained on the part of Lessor to be done and performed shall cease without prejudice to the right of Lessor to recover from Lessee all Rent accruing up to and through the date of termination of this Lease or the date of recovery of possession of the Leased Demised Premises and remove all persons and all by Lessor, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease by reason of Lessee's property therefromdefault as hereinabove provided, or if Lessee abandons or vacates the Demised Premises before the expiration or termination of the term of this Lease, the Demised Premises may be relet by Lessor for such rent and upon such terms as are not unreasonable under the circumstances, and, if necessarythe full rent hereinabove provided is not realized by Lessor, place Lessee's personal property Lessee shall be liable for all damages sustained by Lessor, including, without limitation, deficiency in storage Rent, reasonable attorneys' fees, brokerage fees, and expenses of placing the Demised Premises in a condition equal to that of the Demised Premises on the Occupancy Date. Any damage or loss of Rent sustained by Lessor may be recovered by Lessor, at Lessees option, at the expense and risk of Lessee; and to seek enforcement by suit time of the provisions hereof on reletting, or in separate actions, from time to time, as said damage shall have been made more easily ascertainable by successive reletting, or, at Lessees option, may be deferred until the part expiration of the Lessee required to be kept or performed. Lessee term of this Lease, in which event the cause of action shall not be deemed in default if said default cannot with due diligence be cured within to have accrued until the aforementioned thirty (30) day period and prior to the date of expiration of such thirty (30) days, Lessee commences to eliminate the cause of such default and proceeds diligently and with reasonable dispatch to take all steps and do all things required to cure such default and does so cure such default within a reasonable time thereafter. B. In case the Lessee shall fail to pay when due any rent or other money coming due to Lessor hereunder, the Lessor shall have the right after five (5) days written notice of such default, to terminate said term. The provisions contained in this Lease to the same extent and with all legal incidents as though the Lease Term had expired by efflux of time, except that the Lessee shall have the right to reinstate said Lease by payment in full of all rents and monies due and owing within said five (5) day period; and if Lessee fails to cure said default, it section shall be lawful for in addition to and shall not prevent the Lessor or its agents, to re-enter the Leased Premises and repossess itself enforcement of said Leased Premises as of its original estate, and the any claim Lessor may have any other remedies available to it either in equity or at law. C. No re-entry upon against Lessee for anticipatory breach of the Leased Premises by the Lessor shall be construed as an election on its part to terminate this Lease unless written notice of such intention is given to the Lessee. D. No receipt of monies by Lessor f from Lessee, after the termination for any cause of this Lease shall reinstate, continue or extend the terms unexplored term of this Lease, it being agreed that, after the commence- ment of a suit or after final judgment for possession of the Leased Premises, the payment of any monies shall not waive or affect said suit or judgment, except by mutual written agreement between Lessor and Lessee.

Appears in 1 contract

Sources: Lease Agreement (Inphonic Inc)

DEFAULT OF LESSEE. A. If default is made This Lease shall, at the option of Lessor, cease and terminate if (i) Lessee fails to pay rent, including any installment of Monthly Rent or any additional rent, although no legal or formal demand has been made, and such failure to pay rent continues for a period of five (5) business days after written notice addressed to Lessee has been delivered by Lessee in Lessor to the observanceDemised Premises, or per- formance of (ii) Lessee violates or fails to perform any of the provisionsother conditions, terms covenants or conditions hereof other than provisions providing for the payment agreements of rentsthis Lease made by Lessee, and such default shall continue any violation or failure to perform any of those conditions, covenants or agreements continues for thirty a period of twenty (3020) days after written demand for performance specifying the nature of the default claimed, given notice thereof has been delivered by Lessor to Lessee, or, in cases where the violation or should failure to perform cannot be corrected within twenty (20) days, Lessee abandon does not begin to correct the Leased Premises violation or failure to perform within twenty (20) days after receiving Lessor's written notice and/or Lessee thereafter does not diligently pursue the correction of the violation or failure to perform. Any said violation or failure to perform or to pay any part thereofrent, thenif left uncorrected, at its optionshall operate as a notice to quit, any further notice to quit or notice of Lessor, its successors or assigns, may, without notice or process of law, 's intention to re-enter being hereby expressly waived. Lessor may thereafter proceed to recover possession under and take possession of the Leased Premises and remove all persons and all Lessee's property therefrom, and, if necessary, place Lessee's personal property in storage at the expense and risk of Lessee; and to seek enforcement by suit virtue of the provisions hereof of the laws of the jurisdiction in which the Building is located or by such other proceedings, including re-entry and possession, as may be applicable. If Lessor elects to terminate this Lease, everything herein contained on the part of the Lessee required Lessor to be kept done and performed shall cease without prejudice to the right of Lessor to recover from Lessee all rent accruing up to and through the date of termination of this Lease or performedthe date of recovery of possession of the Demised Premises by Lessor, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease by reason of Lessee's default as hereinabove provided, or if Lessee abandons the Demised Premises before the expiration or termination of the term of this Lease, Lessor shall use reasonable efforts to relet the Demised Premises and to mitigate damages in accordance with applicable law. If the full rent hereinabove provided is not realized by Lessor, Lessee shall be liable for all damages sustained by Lessor, including, without limitation, deficiency in rent, reasonable attorneys' fees, brokerage fees, and expenses of placing the Demised Premises in first-class rentable condition. Any damage or loss of rent sustained by Lessor may be recovered by Lessor, at Lessor's option, at the time of the reletting, or in separate actions, from time to time, as said damage shall have been made more easily ascertainable by successive relettings, or, at Lessor's option, may be deferred until the expiration of the term of this Lease, in which event the cause of action shall not be deemed in default if said default cannot with due diligence be cured within the aforementioned thirty (30) day period and prior to the expiration of such thirty (30) days, Lessee commences to eliminate the cause of such default and proceeds diligently and with reasonable dispatch to take all steps and do all things required to cure such default and does so cure such default within a reasonable time thereafter. B. In case the Lessee shall fail to pay when due any rent or other money coming due to Lessor hereunder, the Lessor shall have the right after five (5) days written notice of such default, to terminate this Lease to the same extent and with all legal incidents as though the Lease Term had expired by efflux of time, except that the Lessee shall have the right to reinstate said Lease by payment in full of all rents and monies due and owing within said five (5) day period; and if Lessee fails to cure said default, it shall be lawful for the Lessor or its agents, to re-enter the Leased Premises and repossess itself of said Leased Premises as of its original estate, and the Lessor may have any other remedies available to it either in equity or at law. C. No re-entry upon the Leased Premises by the Lessor shall be construed as an election on its part to terminate this Lease unless written notice of such intention is given to the Lessee. D. No receipt of monies by Lessor f from Lessee, after the termination for any cause of this Lease shall reinstate, continue or extend the terms of this Lease, it being agreed that, after the commence- ment of a suit or after final judgment for possession of the Leased Premises, the payment of any monies shall not waive or affect said suit or judgment, except by mutual written agreement between Lessor and Lessee.to

Appears in 1 contract

Sources: Office Lease (Charles River Associates Inc)

DEFAULT OF LESSEE. The occurrence of any one or more of the following events (in this Article sometimes called "Event of Default") shall constitute a default and breach of this Lease by Lessee: A. If default is made Lessee fails to pay any Base Rent or Additional Rent payable under this Lease or fails to pay any obligation required to be paid by Lessee in when and as the observance, or per- formance of any of the provisions, terms or conditions hereof other than provisions providing for the payment of rentssame shall become due and payable, and such default shall continue continues for a period of five (5) days after written notice thereof given by Lessor to Lessee. B. If Lessee fails to perform any of Lessee's nonmonetary obligations under this Lease for a period of thirty (30) days after written demand notice from Lessor; provided that if more time is required to complete such performance, Lessee shall not be in default if Lessee commences such performance within the thirty-day period and thereafter diligently pursues its completion. However, Lessor shall not be required to give such notice if Lessee's failure to perform constitutes a non-curable breach of this Lease. The notice required by this subsection is in- tended to satisfy any and all notice requirements imposed by law on Lessor and is not in addition to any such requirement. -42- C. If Lessee, by operation of law or otherwise, violates the provisions of Article X hereof relating to assignment, sublease, mortgage or other transfer of Lessee's interest in this Lease or in the Premises or in the income arising therefrom. D. If Lessee, by operation of law or otherwise, violates the provisions of Article XVI.R relating to compliance with environmental laws. E. If (i) Lessee makes a general assignment or general arrangement for performance specifying the nature benefit of creditors; (ii) a petition for adjudication of bankruptcy or for reorganization or rearrangement is filed by or against Lessee and is not dismissed within sixty (60) days; (iii) if a trustee or receiver is appointed to take possession of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease and possession is not restored to Lessee within sixty (60) days; or (iv) if substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease is sub- jected to attachment, execution or other judicial or non- judicial seizure which is not discharged within sixty (60) days. If a court of competent jurisdiction deter- mines that any of the default claimedacts described in this subsection does not constitute an Event of Default and a trustee is appointed to take possession (or if Lessee remains a debtor in possession) and such trustee or Lessee trans- fers Lessee's interest hereunder, given by then Lessor to Lesseeshall receive, or should Lessee abandon as Additional Rent, the Leased Premises difference between the rent (or any part thereof, then, at its optionother consideration) paid in connection with such assignment or sublease and the rent payable by Lessee hereunder. If any such Event of Default shall occur, Lessor, its successors at any time during the continuance of any such Event of Default, may give written notice to Lessee stating that this Lease shall expire and terminate on the date specified in such notice, and upon the date speci- fied in such notice this Lease, and all rights of Lessee under this Lease, including all rights of renewal whether exercised or assignsnot, mayshall expire and terminate, or in the alternative or in addition to the foregoing remedy, Les- -43- sor may assert and have the benefit of any other remedy allowed herein, at law, or in equity. Upon the occurrence of an Event of Default by Lessee, and at any time thereafter, with or without notice or process demand and without limiting Lessor in the exercise of lawany right or remedy which Lessor may have, re-enter Lessor shall be entitled to the rights and take remedies set forth below: A. With or without notice or demand, terminate Lessee's right to possession of the Leased Premises by any lawful means, in which case this Lease shall not terminate unless Lessor gives written Notice to Lessee of its intention to terminate this Lease and Lessee shall immediately surrender possession of the Premises to Lessor. In such event, Lessor shall have the immediate right to reenter and remove all persons and property, and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee, without service of notice or resort to legal process in the event of a monetary default and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby, unless caused by the gross negligence of Lessor. A termination of possession pursuant to this paragraph for a non-monetary default shall be accomplished only by utilizing the appropriate legal process. In the event that Lessor shall elect to so terminate this Lease, then Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's property therefromdefault, andincluding: 1. The equivalent of the amount of the Base Rent and Additional Rent which would be payable under this Lease by Lessee if this Lease were still in effect, less 2. The net proceeds of any reletting affected pursuant to the provisions of this Article XIV hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage com- missions, legal expenses, reasonable attorneys' -44- fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessor shall provide to Lessee within ten (10) days after request from Lessor, reasonable evidence of the deductions referred in this para- graph. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Article XIV as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Lessor in monthly installments on the days on which the rent would have been payable under this Lease if necessarythis Lease were still in effect, place and Lessor shall be entitled to recover from Lessee each monthly installment of the Deficiency as the same shall arise. B. At any time after an Event of Default, whether or not Lessor shall have collected any monthly Deficiency as set forth in this Article XIV, and after Lessor has re-let the Premises, Lessor shall be entitled to recover from Lessee, and Lessee shall pay to Lessor, on demand, as and for final damages for Lessee's personal property in storage default, an amount equal to the then present worth of the aggregate of the Base Rent and Additional Rent and any other charges to be paid by Lessee hereunder for the unexpired portion of the term of this Lease (assuming this Lease had not been so termi- nated). In the computation of present worth, a discount at the expense rate of 8% per annum shall be employed. The amount of rent received upon the reletting required here- under shall be offset against any monies claimed pursuant to this subsection. Nothing herein contained or con- tained in this Article XIV shall limit or prejudice the right of Lessor to prove for and risk obtain, as damages, an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, such damages are to be proved, whether or not such amount be greater, equal to or less than the amount of the difference referred to above. C. Upon the occurrence of an Event of Default by Lessee, Lessor shall also have the right, with or without termi- -45- nating this Lease, to reenter the Premises to remove all persons and property from the Premises. Such property may be removed and stored in a public warehouse or else- where at the cost of and for the account of Lessee; . If Lessor shall elect to reenter the Premises, Lessor shall not be liable for damages by reason of such reentry unless caused by the gross negligence of Lessor. D. If Lessor does not elect to terminate this Lease as provided in this Article XIV then Lessor may, from time to time, recover all rent as it becomes due under this Lease. At any time thereafter, Lessor may elect to terminate this Lease and to seek enforcement by suit recover damages to which Lessor is entitled. E. In the event that Lessor should elect to terminate this Lease and to relet the Premises, it may execute any new lease in its own name. In the event that Lessor should not elect to terminate this Lease, it may re-let the Pre- mises to a substitute tenant. Lessee hereunder shall have no right or authority whatsoever to collect any rent from such substitute tenant. The proceeds of any such reletting shall be applied as follows: 1. First, to the payment of any indebtedness other than rent due hereunder from Lessee to Lessor, including but not limited to reasonable storage charges or reasonable brokerage commissions owing from Lessee to Lessor as the result of such relet- ting, provided that Lessee shall only be respon- sible for the portion of such commission attribut- able to that portion of the provisions hereof on the part term of the new lease occurring before the date that the term of this Lease would otherwise have expired; 3. Third, to the payment of rent and other charges due and unpaid hereunder; and 4. Fourth, to the payment of future rent and other damages payable by Lessee required to be kept or performedunder this Lease. Lessee Lessor shall not be deemed to have terminated this Lease and the Lessee's right to possession of the leasehold or the liability of Lessee to pay rent thereafter to accrue or its liability for damages under any of the provisions hereof, unless Lessor shall have notified Lessee in default if said default cannot with due diligence be cured within writing that it has so elected to terminate this Lease. Lessee covenants that the aforementioned thirty (30) day period and prior retaking of possession by Lessor or the service by Lessor of any notice pursuant to the expiration applicable unlawful detainer statutes of the state in which the Office Complex is located and Lessee's surrender of possession pursuant to such thirty notice shall not (30unless Lessor elects to the contrary at the time of, or at any time subsequent to the service of, such notice, and such election be evidenced by a written notice to Lessee) daysbe deemed to be a termination of this Lease or of Lessee's right to possession thereof. All rights, Lessee commences options and remedies of Lessor contained in this Lease shall be construed and held to eliminate be cumulative, and no one of them shall be exclusive of the cause of such default other, and proceeds diligently and with reasonable dispatch to take all steps and do all things required to cure such default and does so cure such default within a reasonable time thereafter. B. In case the Lessee shall fail to pay when due any rent or other money coming due to Lessor hereunder, the Lessor shall have the right after five (5) days written notice to pursue any one or all of such defaultremedies or any other remedy or relief which may be provided by law whether or not stated in this Lease. No waiver by Lessor of a breach of any of the terms, to terminate covenants or conditions of this Lease to the same extent and with all legal incidents as though the Lease Term had expired by efflux of time, except that the Lessee shall have the right to reinstate said Lease by payment in full of all rents and monies due and owing within said five (5) day period; and if Lessee fails to cure said default, it shall be lawful for the Lessor or its agents, to re-enter the Leased Premises and repossess itself of said Leased Premises as of its original estate, and the Lessor may have any other remedies available to it either in equity or at law. C. No re-entry upon the Leased Premises by the Lessor shall be construed as an election or held to be a waiver of any succeeding or preceding breach of the same or any other term, covenant or condition therein contained. No waiver of any default of Lessee hereunder shall be implied from any omission by Lessor to take any action on its part to terminate this Lease unless written notice account of such intention default if such default persists or is given to the Lessee. D. No receipt of monies repeated, and no express waiver shall affect default other than as specified in said waiver. The consent or approval by Lessor f from to or of any act by Lessee requiring Lessor's consent or approval shall not be deemed to waive or render unnecessary Lessor's consent to or approval of any subsequent similar acts by Lessee, after . If any action for breach of or to enforce the termination for any cause provisions of this Lease is commenced by either party hereto, the court in such action shall reinstateaward to the party in whose favor a judgment is -47- entered a reasonable sum as attorneys' fees and costs. Such attorneys' fees and costs shall be paid by the losing party in such action. Lessee shall also indemnify Lessor against and hold Lessor harmless from all costs, continue expenses, demands and liability incurred by Lessor if Lessor becomes or extend the terms of this Leaseis made a party to any claim or action instituted by Lessee against a party other than Lessor, it being agreed thator by any third party against Lessee. Lessee shall defend Lessor against any such claim or action at Lessee's expense with counsel reasonably acceptable to Lessor or, after the commence- ment of a suit at Lessor's election, Lessee shall reimburse Lessor for any reasonable legal fees or after final judgment costs incurred by Lessor in any such claim or action. In addition, Lessee shall pay Lessor's reasonable attorneys' fees incurred in connection with Lessee's request for Lessor's consent in connection with any act which Lessee proposed to do and which requires Lessor's consent (not to exceed $1,000.00). Lessee hereby waives all claims by Lessor's reentering and taking possession of the Leased PremisesPremises or removing and storing the property of Lessee as permitted under this Lease and will save Lessor harmless from all losses, costs or damages occasioned Lessor thereby except to the payment extent such losses, costs or damages are caused by the gross negligence of any monies Lessor. No such reentry shall not waive be considered or affect said suit or judgment, except construed to be a forcible entry by mutual written agreement between Lessor and LesseeLessor.

Appears in 1 contract

Sources: Office Lease (Udc Homes Inc)

DEFAULT OF LESSEE. A. If Any of the following events shall be a default is made by Lessee of Lessee: (i) Lessee's default in the observancepayment on the due date of the Basic Rents and/or additional rents and/or any other payment required of Lessee by this Lease, or per- formance unless Lessee shall cure such default within five (5) days after the due date of such Basic Rent and/or additional rent and/or other payment required of Lessee hereunder; (ii) Lessee's default in the performance of any of the provisions, terms other covenants of Lessee or conditions hereof other than provisions providing for the payment of rentsthis Lease, and unless Lessee shall cure such default shall continue for thirty within fifteen (3015) days after written demand for performance specifying the nature notice of the such default claimed, given by Lessor to Lessee(or if any such default is of such nature that it cannot be completely cured within such period, or should Lessee abandon the Leased Premises or any part thereof, then, at its option, Lessor, its successors or assigns, may, without notice or process of law, re-enter and take possession of the Leased Premises and remove all persons and all Lessee's property therefrom, and, if necessary, place Lessee's personal property in storage at the expense and risk of Lessee; and to seek enforcement by suit of the provisions hereof on the part of the Lessee required to be kept or performed. then unless Lessee shall not be deemed in default if said default cannot with due diligence be cured commence such curing within the aforementioned thirty fifteen (3015) day period and prior to the expiration of such thirty (30) days, Lessee commences to eliminate the cause days after notice of such default given by Lessor and proceeds diligently and shall thereafter proceed with reasonable dispatch to take all steps due diligence and do all things required in good faith to cure such default and does so cure shall succeed in curing such default within a reasonable time thereafter. B. In case the Lessee shall fail to pay when due any rent or other money coming due to Lessor hereunder, the Lessor shall have the right after five (5) days written notice of such default, to terminate this Lease to the same extent and with all legal incidents as though the Lease Term had expired by efflux period of time, except and provided that the Lessee shall have the right existence of such default for more than fifteen (15) days does not, in Lessor's reasonable judgment, itself result in substantial damages to reinstate said Lease Lessor and place Lessor in risk of substantial damage by payment in full of all rents and monies due and owing within said five (5) day period; and if Lessee fails such additional time to cure said such default); (iii) insolvency of Lessee as set forth in the preceding paragraph above; (iv) the sale or attempted sale by or under execution or other legal process of Lessee's leasehold interest hereunder and/or substantially all of Lessee's other assets; (v) the initiation of legal proceedings to effect, it shall be lawful for or resulting in, the Lessor seizure, sequestering or its agentsimpounding of any of Lessee's goods of chattels used in, to re-enter or incident to, the Leased Premises and repossess itself operation of said Leased Premises as of its original estate, and the Lessor may have any other remedies available to it either in equity or at law. C. No re-entry upon the Leased Premises by Lessee; (vi) assignment by operation of law of Lessee's leasehold interest hereunder; (vii) any attempt by Lessee to assign the Lessor shall be construed as an election on its part to terminate this within Lease unless or sublet the Demised Premises without the express prior written notice consent of such intention is given to the Lessee. D. No receipt Lessor; or (viii) any act of monies by Lessor f from Lessee, after the termination for any cause omission of this Lease shall reinstate, continue Lessee constituting and anticipatory breach or extend the terms repudiation of this Lease, it being agreed that, after the commence- ment of a suit or after final judgment for possession of the Leased Premises, the payment of any monies shall not waive or affect said suit or judgment, except by mutual written agreement between Lessor and Lessee.

Appears in 1 contract

Sources: Sublease Agreement (Cybear Inc)

DEFAULT OF LESSEE. A. If default is made by This Lease shall, at the option of Lessor, cease and terminate if (A) Lessee fails to pay rent in the observanceaccordance with terms of Lease, including any installment of Monthly Rent, or per- formance any sums, charges, expenses and costs of any of the provisionskind or nature identified in this Lease as additional rent, terms although no legal or conditions hereof other than provisions providing for the payment of rentsformal demand has been made, and such default shall continue failure to pay rent continues for thirty a period of ten (3010) days after written demand for performance specifying notice addressed to Lessee has been delivered by Lessor to the nature Demised Premises, or (B) Lessee violates or fails to perform any of the default claimedother conditions, given covenants or agreements of this Lease made by Lessee, and any violation or failure to perform any of those conditions, covenants or agreement continues for a period of twenty (20) days after written notice thereof has been delivered by Lessor to Lessee, or, in cases where the violation or should failure to perform cannot be corrected within twenty (20) days, Lessee abandon does not begin to correct the Leased Premises violation or failure to perform within twenty (20) days after receiving Lessor's written notice and/or Lessee thereafter does not diligently pursue the correction of the violation or failure to perform. Any said violation or failure to perform or to pay any part thereofrent, thenif left uncorrected, at its optionshall operate as a notice to quit, any further notice to quit or notice of Lessor, its successors or assigns, may, without notice or process of law, 's intention to re-enter being hereby expressly waived. Lessor may thereafter proceed to recover possession under and take by virtue of the provisions of the laws of the jurisdiction in which the Building is located or by such other proceedings, including re-entry and possession, as may be applicable. If Lessor elects to terminate this Lease, everything herein contained on the part of Lessor to be done and performed shall cease without prejudice to the right of Lessor to recover from Lessee all rent accruing up to and through the date of termination of this Lease or the date of recovery of possession of the Leased Demised Premises and remove all persons and all by Lessor, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease by reason of Lessee's property therefromdefault as hereinabove provided, or if Lessee abandons or vacates the Demised Premises before the expiration or termination of the term of this Lease, the Demised Premises may be relet by Lessor for such rent and upon such terms as are not unreasonable in the sole option of Lessor under the circumstances, and, if necessarythe full rent hereinabove provided is not realized by Lessor, place Lessee's personal property Lessee shall be liable for all damages sustained by Lessor, including, without limitation, deficiency in storage rent, reasonable attorneys' fees, and brokerage fees, prorated to reflect only those fees attributable to the portion of the re-let term coinciding with the balance of the term of this Lease which was in effect at the expense and risk of Lessee; and to seek enforcement by suit time of the provisions hereof on default and expenses of placing the part Demised Premises in first-class rentable condition. Any damage or loss of rent sustained by Lessor may be recovered by Lessor, at Lessor's option, at the time of the Lessee required reletting, or in separate actions, from time to time, as said damage shall have been made more easily ascertainable by successive reletting, or, at Lessor's option, may be kept or performed. Lessee deferred until the expiration of the term of this Lease, in which event the cause of action shall not be deemed in default if said default cannot with due diligence be cured within to have accrued until the aforementioned thirty (30) day period and prior to the date of expiration of such thirty (30) days, Lessee commences to eliminate the cause of such default and proceeds diligently and with reasonable dispatch to take all steps and do all things required to cure such default and does so cure such default within a reasonable time thereafter. B. In case the Lessee shall fail to pay when due any rent or other money coming due to Lessor hereunder, the Lessor shall have the right after five (5) days written notice of such default, to terminate said term. The provisions contained in this Lease to the same extent and with all legal incidents as though the Lease Term had expired by efflux of time, except that the Lessee shall have the right to reinstate said Lease by payment in full of all rents and monies due and owing within said five (5) day period; and if Lessee fails to cure said default, it section shall be lawful for in addition to and shall not prevent the Lessor or its agents, to re-enter the Leased Premises and repossess itself enforcement of said Leased Premises as of its original estate, and the any claim Lessor may have any other remedies available to it either in equity or at law. C. No re-entry upon against Lessee for anticipatory breach of the Leased Premises by the Lessor shall be construed as an election on its part to terminate this Lease unless written notice of such intention is given to the Lessee. D. No receipt of monies by Lessor f from Lessee, after the termination for any cause of this Lease shall reinstate, continue or extend the terms unexpired term of this Lease, it being agreed that, after . In the commence- ment event of a suit any action or after final judgment for possession proceeding brought by either party hereto against the other based upon or arising out of any breach of the Leased Premisesterms and conditions hereof, the payment of any monies prevailing party shall not waive or affect said suit or judgmentbe entitled to recover all costs, except by mutual written agreement between Lessor and Lesseeincluding reasonable attorneys' fees, from the other.

Appears in 1 contract

Sources: Office Lease (Cais Internet Inc)

DEFAULT OF LESSEE. A. If default (a a) It is made by Lessee mutually agreed that in the observanceevent the Lessee shall default in the payment of Base or Additional Rent herein reserved, when due and fails to cure such default within five (5) days after written notice of default from Lessor; or per- formance of if Lessee shall be in default in performing any of the provisions, terms or conditions hereof provisions of this Lease other than the provisions providing for requiring the payment of rentsRent, and fails to cure such default shall continue within ten (10) days after the date of receipt of written notice of default from Lessor if such default is monetary or thirty (30) days written notice if such default is non-monetary; or if Lessee permanently vacates or abandons the Premises; or if Lessee is adjudicated bankrupt; or if a permanent receiver is appointed for Lessee's property; or if, whether voluntarily or involuntarily, Lessee takes advantage of any debtor relief proceedings under any present or future law, whereby the rent or any part thereof is, or is proposed to be, reduced or payment thereof deferred; or if Lessee makes an assignment for benefits of creditors; or if Lessee's assets should be levied upon or attached under process against Lessee, and is not satisfied or dissolved within thirty (30) days after written demand for performance specifying the nature notice from Lessor to Lessee to obtain satisfaction thereof; or Lessee fails to observe or perform any of the default claimedcovenants, given conditions or provisions of this Lease to be observed or performed by Lessee, other than as described in this paragraph, where such failure shall continue for a period of thirty (30) days after written notice thereof by Lessor to Lessee, or should Lessee abandon the Leased Premises or any part thereof, ; then, and in the event of any such default or breach by Lessee, Lessor may at any time thereafter, in its optionsole discretion, Lessor, its successors with or assigns, may, without notice or process demand and without limiting Lessor in the exercise of lawa right or remedy which Lessor may have by reason of such default or breach: (i) Terminate Lessee's right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Lessee shall immediately surrender possession of the Premises to Lessor. Upon such termination by Lessor, Lessee will at once surrender possession of the Premises to lessor and remove of all Lessee's effects therefrom which Lessee is authorized hereunder to remove; and Lessor may forthwith re-enter the Premises and take possession of the Leased Premises repossess himself thereof, and remove all persons and effects therefrom, using such force as may be reasonably necessary, and no such act shall render Lessor guilty of trespass, forcible entry or detainer or other tort. In such event, Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's property therefromdefault including, andbut not limited to, if necessarythe cost of recovering possession of the Premises; expenses of reletting, place including necessary renovation and alteration of the Premises; past due Rent, reasonable attorney's fees and court costs; the value at the time of award by the court having jurisdiction thereof of the amount by which the unpaid Rent and other charges called for herein for the balance of the term after the time of such award exceeds the amount of such loss for the same period that Lessee proves could be reasonably avoided; and that portion of any leasing commission paid by Lessor applicable to the unexpired term of this Lease; or (ii) Maintain Lessee's personal property right to possession, in storage at which case this Lease shall continue in effect whether or not Lessee shall have abandoned the expense and risk of LesseePremises; and in such event Lessor shall be entitled to seek enforcement by suit enforce all of Lessor's rights and remedies under this Lease, including the right to recover the Rent and any other charges as may become due hereunder or to obtain specific performance, injunctive relief or other equitable relief necessary to require lessee to fulfill all of its obligation and duties set forth herein; or (iii) Declare the, balance of the provisions hereof on entire Rent for the part remainder of the Lessee required to be kept or performed. Lessee shall not be deemed in default if said default cannot with due diligence be cured within the aforementioned thirty (30) day period and prior to the expiration term of such thirty (30) days, Lessee commences to eliminate the cause of such default and proceeds diligently and with reasonable dispatch to take all steps and do all things required to cure such default and does so cure such default within a reasonable time thereafter. B. In case the Lessee shall fail to pay when due any rent or other money coming due to Lessor hereunder, the Lessor shall have the right after five (5) days written notice of such default, to terminate this Lease to be immediately due and payable, and then proceed immediately to collect the same extent and with all legal incidents as though the Lease Term had expired unpaid rent called for by efflux of time, except that the Lessee shall have the right to reinstate said this Lease by payment in full of all rents and monies due and owing within said five distress or otherwise. (5iv) day period; and if Lessee fails to cure said default, it shall be lawful for the Lessor or its agents, to re-enter the Leased Premises and repossess itself of said Leased Premises as of its original estate, and the Lessor may have Pursue any other remedies remedy now or hereafter available to it either in equity Lessor under the laws or at law. C. No re-entry upon the Leased Premises by the Lessor judicial decisions of Florida. Nothing herein contained shall be construed as an election on its part precluding Lessor from having such remedy as may become necessary in order to terminate preserve Lessor's right or the interest of Lessor in the Premises and in this Lease, even before the expiration of the grace or notice periods provided for in this Lease, if under particular circumstances then existing the allowance of such grace or the giving of such notice will prejudice or will endanger the rights and estate of Lessor in this Lease unless written notice of such intention is given to or in the Lessee. D. No receipt of monies by Lessor f from Lessee, after the termination for any cause of Premises. All rights and remedies granted in this Lease to Lessor or available at law shall reinstatebe cumulative and not mutually exclusive. Lessee hereby pledges and assigns to Lessor as security for payment of any and all Rent or other sums or amounts provided for herein, continue all of the furniture, fixtures, equipment, goods and chattels of Lessee which shall or extend may be brought or put on or into the Premises, and Lessee agrees that said lien may be enforced by distress, foreclosure or otherwise, at Lessor's election. Lessee expressly waives and renounces any and all exemption rights it may now or hereafter acquire under or by virtue of the constitution and laws of the State of Florida or of any other state, or of the United States, as against the payment of said Rent or any other obligation or damage that may accrue under the terms of this Lease, it being agreed that, after the commence- ment of a suit . Any notice provided in this paragraph may be given either by Lessor or after final judgment for possession of the Leased Premises, the payment of any monies shall not waive or affect said suit or judgment, except by mutual written agreement between Lessor and Lesseeits attorney.

Appears in 1 contract

Sources: Business Lease (Hi Rise Recycling Systems Inc)

DEFAULT OF LESSEE. A. If default is made by If (a) Lessee shall fail to carry out and perform any of its obligations under this Lease, or shall fail to satisfy Lessor that it has commenced a program to correct such deficiency which, in the observancesole judgment of Lessor, will correct the deficiency within a reasonable time thereafter, within twenty (20) days after Lessor shall have demanded in writing performance thereof, or per- formance of any (b) if a petition in bankruptcy or for reorganization or for a trustee or receiver is filed by or against Lessee and all of the provisionsobligations of Lessee under this Lease shall not have been duly assumed by the trustee or receiver appointed, terms if any, in such proceeding or conditions hereof other than provisions providing for otherwise given the payment of rents, and such default shall continue for same status as obligations assumed by the trustee or receiver within thirty (30) days after written demand for performance specifying the nature of the default claimedappointment, given by Lessor to Lesseeif any, or should Lessee abandon the Leased Premises or any part thereofsixty (60) days after such proceedings shall have been commenced, thenwhichever shall be earlier, at its option, Lessor, its successors or assigns, may, without notice or process of law, re-enter and Lessor may take possession of the Leased Premises cars and remove all persons any accessions thereto wherever they may be found and all Lessee's property therefrom, and, if necessary, place Lessee's personal property in storage at the expense election of Lessor, or its assignee as the case may be, either (i) declare the Lease terminated in which event all rights and risk obligations of the parties hereunder shall cease except only the obligations of Lessee to pay accrued rentals to the date of retaking, or (ii) attempt to relet the cars as agent of Lessee; , apply the proceeds of such reletting first to the reasonable expenses that may be incurred in the retaking and to seek enforcement by suit delivery of the provisions hereof on cars to the part new Lessee, then the payment of amounts due Lessor under this Lease, and Lessee shall remain liable for any sums ▇▇▇▇▇ning due after so applying the Lessee required to be kept or performedproceeds so realized. Lessee shall not be deemed in default if pay said default cannot with due diligence be cured within deficit monthly as the aforementioned thirty (30) day period and prior to the expiration of such thirty (30) days, Lessee commences to eliminate the cause of such default and proceeds diligently and with reasonable dispatch to take all steps and do all things required to cure such default and does so cure such default within a reasonable time thereafter. B. In case the Lessee shall fail to pay when due any rent or other money coming due to Lessor hereunder, the same may accrue. Lessor shall have make all reasonable efforts to relet the right after five (5) days written notice of such default, cars at a rental equal to terminate this Lease to the same extent and with all legal incidents as though the Lease Term had expired or greater than that paid by efflux of time, except that the Lessee shall have the right to reinstate said Lease by payment in full of all rents and monies due and owing within said five (5) day period; and if Lessee fails to cure said default, it shall be lawful for the Lessor or its agents, to re-enter the Leased Premises and repossess itself of said Leased Premises as of its original estate, and the Lessor may have any other remedies available to it either in equity or at law. C. No re-entry upon the Leased Premises by the Lessor shall be construed as an election on its part to terminate this Lease unless written notice of such intention is given to the Lessee. D. No receipt of monies by Lessor f from Lessee, after the termination for any cause of this Lease shall reinstate, continue or extend the terms of this Lease, it being agreed that, after the commence- ment of a suit or after final judgment for possession of the Leased Premises, the payment of any monies shall not waive or affect said suit or judgment, except by mutual written agreement between Lessor and Lessee.

Appears in 1 contract

Sources: Net Lease of Railroad Equipment (Great Plains Energy Inc)

DEFAULT OF LESSEE. A. If default is made This Lease shall, at the option of Lessor, cease and terminate if: i) Lessee fails to pay Rent, including any installment of Monthly Rent, additional Rent, costs of the Improvements (if any are payable by Lessee in the observancehereunder), or per- formance any sums, charges, expenses and costs of any of the provisionskind or nature identified in this Lease as additional Rent, terms although no legal or conditions hereof other than provisions providing for the payment of rentsformal demand has been made, and such default shall continue failure to pay Rent continues for thirty a period of five (305) days after written demand notice addressed to Lessee has been delivered by Lessor to the Demised Premises (and to no other address, notwithstanding any other notice address for performance specifying the nature Lessee pursuant to section 41 of this Lease); or ii) Lessee violates or fails to perform any of the default claimedother conditions, given covenants or agreements of this Lease, and any violation or failure to perform any of those conditions, covenants or agreements continues for a period of ten (10) days after written notice thereof has been delivered by Lessor to Lessee, or, in cases where the violation or should failure to perform cannot by its nature be corrected within ten (10) days, Lessee abandon does not begin to correct the Leased Premises violation or failure to perform within ten (10) days after receiving Lessor’s written notice and/or Lessee thereafter does not diligently pursue the correction of the violation or failure to perform. Any said violation or failure to perform or to pay any part thereofRent, thenif left uncorrected, at its optionshall operate as a notice to quit, any further notice to quit or notice of Lessor, its successors or assigns, may, without notice or process of law, ’s intention to re-enter being hereby expressly waived. Lessor may thereafter proceed to recover possession under and take by virtue of the provisions of the laws of the jurisdiction in which the Building is located or by such other proceedings, including re-entry and possession, as may be applicable. If Lessor elects to terminate this Lease, everything herein contained on the part of Lessor to be done and performed shall cease without prejudice to the right of Lessor to recover from Lessee all Rent accruing up to and through the date of termination of this Lease or the date of recovery of possession of the Leased Demised Premises by Lessor, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease by reason of Lessee’s default as hereinabove provided, or if Lessee abandons or vacates the Demised Premises (coupled with non payment of Rent) before the expiration or termination of the term of this Lease, the Demised Premises may be relet by Lessor for such rent and remove all persons and all Lessee's property therefromupon such terms as are not unreasonable under the circumstances, and, if necessarythe full rent hereinabove provided is not realized by Lessor, place Lessee's personal property Lessee shall be liable for all damages sustained by Lessor, including, without limitation, deficiency in storage Rent, reasonable attorneys’ fees, brokerage fees, and expenses of placing the Demised Premises in a condition equal to that of the Demised Premises on the Occupancy Date. Any damage or loss of Rent sustained by Lessor may be recovered by Lessor, at Lessor’s option, at the expense and risk of Lessee; and to seek enforcement by suit time of the provisions hereof on reletting, or in separate actions, from time to time, as said damage shall have been made more easily ascertainable by successive relettings, or, at Lessor’s option, may be deferred until the part expiration of the Lessee required to be kept or performed. Lessee term of this Lease, in which event the cause of action shall not be deemed in default if said default cannot with due diligence be cured within to have accrued until the aforementioned thirty (30) day period and prior to the date of expiration of such thirty (30) days, Lessee commences to eliminate the cause of such default and proceeds diligently and with reasonable dispatch to take all steps and do all things required to cure such default and does so cure such default within a reasonable time thereafter. B. In case the Lessee shall fail to pay when due any rent or other money coming due to Lessor hereunder, the Lessor shall have the right after five (5) days written notice of such default, to terminate said term. The provisions contained in this Lease to the same extent and with all legal incidents as though the Lease Term had expired by efflux of time, except that the Lessee shall have the right to reinstate said Lease by payment in full of all rents and monies due and owing within said five (5) day period; and if Lessee fails to cure said default, it section shall be lawful for in addition to and shall not prevent the Lessor or its agents, to re-enter the Leased Premises and repossess itself enforcement of said Leased Premises as of its original estate, and the any claim Lessor may have any other remedies available to it either in equity or at law. C. No re-entry upon against Lessee for anticipatory breach of the Leased Premises by the Lessor shall be construed as an election on its part to terminate this Lease unless written notice of such intention is given to the Lessee. D. No receipt of monies by Lessor f from Lessee, after the termination for any cause of this Lease shall reinstate, continue or extend the terms unexpired term of this Lease, it being agreed that, after the commence- ment of a suit or after final judgment for possession of the Leased Premises, the payment of any monies shall not waive or affect said suit or judgment, except by mutual written agreement between Lessor and Lessee.

Appears in 1 contract

Sources: Lease Agreement (Inphonic Inc)