DEFAULT OF SUBLESSEE. Upon any default by Sublessee hereunder, Sublessor may exercise any remedy against Sublessee which Landlord may exercise for a default by Sublessor under the Lease. Sublessee acknowledges that any act or omission on its part which would lead to a default under the Lease shall be a default by Sublessee hereunder. In addition, in recognition of Sublessor’s obligation to cure the same, Sublessee acknowledges that, to the extent a cure period applies to a potential event of default under this Sublease, such cure period shall be equal to half (rounded up for odd number of days) the cure period provided for in the Lease. The events of default under this Sublease shall be the same as Tenant’s defaults as set forth in the Lease; provided that the term “Lease” shall read to mean this “Sublease and the Lease,” and the term “Tenant” shall be read as “Sublessee.” In addition, Sublessor shall also be entitled to collect any amounts payable by Sublessee to Sublessor hereunder on the same terms as Landlord is entitled to collect such amounts from Sublessor under the Lease and as provided elsewhere in this Sublease, and to exercise against Sublessee, following the expiration of any applicable periods of notice and grace, the same remedies which Landlord is entitled to exercise against Sublessor under the Lease. In addition to those remedies set forth above, Sublessor shall have the right to pursue any one or more of the following remedies upon the default by Sublessee and the continuation of such default beyond applicable periods of notice and grace: (a) Terminate this Sublease, in which case Sublessee shall immediately surrender the Premises to Sublessor. If Sublessee fails to surrender the Premises, Sublessor, in compliance with all laws, may enter upon and take possession of the Premises and remove Sublessee, Sublessee’s property and any party occupying the Premises. Sublessee shall pay Sublessor, on demand, all past due Rent and other losses and damages Sublessor suffers as a result of Sublessee’s default, including, without limitation, all Costs of Reletting (defined below) and any deficiency that may arise from reletting or the failure to relet the Premises. “Costs of Reletting” shall include all reasonable costs and expenses incurred by Sublessor in reletting or attempting to relet the Premises, including, without limitation, reasonable legal fees, customary brokerage commissions, the reasonable cost of alterations and the value of other customary concessions or allowances granted to a new sublessee; and (b) Terminate Sublessee’s right to possession of the Premises and, in compliance with all laws, remove Sublessee, Sublessee’s property and any parties occupying the Premises. Sublessor may (but shall not be obligated to) relet all or any part of the Premises, without notice to Sublessee, for such period of time and on such terms and conditions (which may include customary concessions, free rent and work allowances) as Sublessor in its absolute discretion shall determine. Sublessor may collect and receive all rents and other income from the reletting. Sublessee shall pay Sublessor on demand all past due Rent, all Costs of Reletting and any deficiency arising from the reletting or failure to relet the Premises. The re-entry or taking of possession of the Premises shall not be construed as an election by Sublessor to terminate this Sublease. In lieu of calculating damages as provided above, Sublessor may elect to receive as damages the sum of: (a) all Rent due by Sublessee under this Sublease accrued through the date of termination of this Sublease or Sublessee’s right to possession; and (b) an amount equal to the total Gross Rent that Sublessee would have been required to pay for the remainder of the Sublease Term. If Sublessee is in default of any of its non-monetary obligations under the Sublease, Sublessor shall have the right to perform such obligations. Sublessee shall reimburse Sublessor for the cost of such performance upon demand together with an administrative charge equal to 5% of the cost of the work performed by Sublessor. The repossession or re-entering of all or any part of the Premises shall not relieve Sublessee of its liabilities and obligations under this Sublease. No right or remedy of Sublessor shall be exclusive of any other right or remedy. Each right and remedy shall be cumulative and in addition to any other right and remedy now or subsequently available to Sublessor at law or in equity. Without affecting the generality of the foregoing, Sublessor shall be also entitled to all remedies at law or in equity.
Appears in 1 contract
DEFAULT OF SUBLESSEE. Upon 13.1. Each of the following shall constitute an Event of Default: (a) Sublessee’s failure to make any payment of the Basic Annual Rent, additional rent or any other sum on or before its due date; (b) Sublessee’s violation or failure to perform or observe any other covenant or condition of this Sublease within ten (10) days following Sublessor’s written notice to Sublessee; provided however, that if the nature of Sublessee’s obligation is such that more than ten (10) days are reasonably required for performance, then Sublessee shall not be in default if Sublessee commences performance within such ten (10) day period and thereafter diligently and continuously prosecutes the same to completion, as long as the Landlord has not declared such violation of failure an Event of Default under the Master Lease.; (c) Sublessee’s abandonment of
(1) The making by Tenant of any general assignment or general arrangement for the benefit of creditors, (2) the filing by or against Sublessee of a petition in bankruptcy, including reorganization or arrangement, unless, in the case of a petition filed against Sublessee, unless the same is dismissed within twenty (20) days, (3) the appointment of a trustee or receiver to take possession of substantially all of Sublessee’s assets located in the Subleased Premises or of Sublessee’s interest in this Lease, (4) any execution, levy, attachment or other process of law against any property of Sublessee or Sublessee’s interest in this Lease, unless the same is dismissed within twenty (20) days, (5) adjudication that Sublessee is bankrupt, (6) the making by Sublessee hereunderof fraud of creditors, or the failure of Sublessee to generally pay its debts as they become due; (e) any information furnished by or on behalf of Sublessee to Sublessor may exercise in connection with the entry of this Lease is determined to have been materially false, misleading or incomplete when made; or (f) any remedy against Sublessee assignment, subletting or other transfer for which Landlord may exercise for a default by the prior consent or Sublessor under the Lease. Sublessee acknowledges that any act or omission on its part which would lead to a default under the Lease shall be a default by Sublessee hereunder. In addition, in recognition of Sublessor’s obligation to cure the same, Sublessee acknowledges that, to the extent a cure period applies to a potential event of default under this Sublease, such cure period shall be equal to half (rounded up for odd number of days) the cure period provided for in the Lease. The events of default is required under this Sublease shall be and has not been obtained, (g) Sublessee’s dissolution or liquidation; or (h) Sublessee’s failure to comply, perform or observe any of the same as Tenant’s defaults as terms and provisions set forth in the Lease; provided that the term “Lease” shall read to mean this “Sublease and the Lease,” and the term “Tenant” .
13.2. If there shall be read as “Sublessee.” In additionan Event of Default, Sublessor shall also be entitled to collect any amounts payable by Sublessee to Sublessor hereunder on then the same terms as Landlord is entitled to collect such amounts from Sublessor under the Lease and as provided elsewhere in this Sublease, and to exercise against Sublessee, following the expiration of any applicable periods of notice and grace, the same remedies which Landlord is entitled to exercise against Sublessor under the Lease. In addition to those remedies set forth above, Sublessor shall have the right right, at its sole option, to pursue any one or more of the following remedies upon the default by Sublessee and the continuation of such default beyond applicable periods of notice and grace:
(a) Terminate terminate this Sublease, Sublease in which case Sublessee shall immediately surrender the Premises to Sublessor. If Sublessee fails to surrender the Premises, Sublessor, in compliance with all laws, may enter upon and take possession of the Premises to Sublessor and, in addition to any other rights and remedies, Sublessor may have at law and in equity, Sublessor shall have the following rights: (a) to re-enter the Subleased Premises then or at any time thereafter and remove Sublessee, Sublessee’s all persons and property and possess the subleased Premises, without prejudice to any party occupying other remedies Sublessor may have by reason of Tenant’s default or of such termination, and Sublessee shall have no further claim hereunder; (c) To recover all space damages incurred by Sublessor by reason of the Premisesdefault, including without limitation all damages allowed per the Master Lease and any Additional Rent or damages which may be sustained by reason of such Event of Default and all reasonable costs, fees and expenses (including without limitation reasonable attorney’s fees, brokerage fees, reasonable expenses incurred in placing the Subleased Premises in the condition received at delivery) incurred by Sublessor in pursuit of its remedies and in renting the Subleased Premises to others.
13.3. Sublessee waives any right to redemption, re-entry or restoration of the operation of this Sublease under any present or future law.
13.4. Sublessor’s rights and remedies set forth in the Sublease are cumulative and in addition to Sublessor’s other rights and remedies at law or equity. The termination of this Sublease shall pay not terminate or impair Sublessor, on demand, all past due Rent and other losses and damages Sublessor suffers as a result ’s remedies for breach of Sublessee’s defaultcontract, including, without limitation, all Costs of Reletting (defined below) and any deficiency that may arise from reletting or the failure to relet the Premises. “Costs of Reletting” shall include all reasonable costs and expenses incurred by Sublessor in reletting or attempting to relet the Premises, including, without limitation, reasonable legal fees, customary brokerage commissions, the reasonable cost of alterations and the value of other customary concessions or allowances granted to a new sublessee; and
(b) Terminate Sublessee’s right to possession of the Premises and, in compliance with all laws, remove Sublessee, Sublessee’s property and any parties occupying the Premises. Sublessor may (but shall not be obligated to) relet all or any part of the Premises, without notice to Sublessee, for such period of time and on such terms and conditions (which may include customary concessions, free rent and work allowances) as Sublessor in its absolute discretion shall determine. Sublessor may collect and receive all rents and other income from the reletting. Sublessee shall pay Sublessor on demand all past due Rent, all Costs of Reletting and any deficiency arising from the reletting or failure to relet the Premises. The re-entry or taking of possession of the Premises shall not be construed as an election by Sublessor to terminate this Sublease. In lieu of calculating damages as provided above, Sublessor may elect to receive as damages the sum of: (a) all Rent due by Sublessee under this Sublease accrued through the date of termination of this Sublease or Sublessee’s right to possession; and (b) an amount equal to the total Gross Rent that Sublessee would have been required to pay for the remainder net rental value of the Sublease for the entire Sublease Term. If Sublessee is in default Sublessor’s exercise of any of its non-monetary obligations under the Sublease, Sublessor shall have the right to perform such obligations. Sublessee shall reimburse Sublessor for the cost of such performance upon demand together with an administrative charge equal to 5% of the cost of the work performed by Sublessor. The repossession or re-entering of all or any part of the Premises shall not relieve Sublessee of its liabilities and obligations under this Sublease. No right or remedy of Sublessor shall be exclusive not prevent the concurrent or subsequent exercise of any other right or remedy. Each right and remedy Sublessor’s delay or failure to exercise or enforce any of Sublessor’s rights or remedies or Sublessee’s obligations shall be cumulative and in addition to not constitute a waiver of any other right and remedy now such rights, remedies or subsequently available to Sublessor at law or in equity. Without affecting the generality of the foregoing, Sublessor shall be also entitled to all remedies at law or in equityobligations.
Appears in 1 contract
Sources: Sublease (ADS Tactical, Inc.)
DEFAULT OF SUBLESSEE. Upon any default by Sublessee hereunder, Sublessor may exercise any remedy against Sublessee which Landlord may exercise for a default by Sublessor under the Lease. Sublessee acknowledges It is mutually agreed that any act or omission on its part which would lead to a default under the Lease shall be a default by Sublessee hereunder. In addition, in recognition of Sublessor’s obligation to cure the same, Sublessee acknowledges that, to the extent a cure period applies to a potential event of default under this Sublease, such cure period shall be equal to half (rounded up for odd number of days) the cure period provided for in the Lease. The events of default under this Sublease shall be the same as Tenant’s defaults as set forth in the Lease; provided that the term “Lease” shall read to mean this “Sublease and the Lease,” and the term “Tenant” shall be read as “Sublessee.” In addition, Sublessor shall also be entitled to collect any amounts payable by Sublessee to Sublessor hereunder on the same terms as Landlord is entitled to collect such amounts from Sublessor under the Lease and as provided elsewhere in this Sublease, and to exercise against Sublessee, following the expiration of any applicable periods of notice and grace, the same remedies which Landlord is entitled to exercise against Sublessor under the Lease. In addition to those remedies set forth above, Sublessor shall have the right to pursue any one or more of the following remedies upon the default by Sublessee and the continuation of such default beyond applicable periods of notice and grace:
event: (a) Terminate the rent herein reserved is not paid at the time and place when and where due; or (b) Sublessee fails to comply with any term, provision, condition, or covenant of this SubleaseAgreement or of the Lease as it relates to the Subleased Premises, other than the payment of rent, and will not cure such failure within thirty (30) days after notice to Sublessee of such failure to comply; or (c) Sublessee causes any lien to be placed against the Premises and does not cure the same within fifteen (15) business days after notice from Sublessor to Sublessee demanding cure, then in any of such events, Sublessor will have the option to do any of the following, in addition to, and not in limitation of any other remedy permitted by law or by this Lease: (i) Sublessor may terminate this Agreement, in which case event Sublessee shall will immediately surrender the Subleased Premises to Sublessor. If Sublessee fails agrees to surrender indemnify Sublessor for all loss and damage which Sublessor may suffer by reason of such termination, whether through inability to relet the Subleased Premises, or through decrease in rent, or otherwise; (ii) Sublessor, in compliance with all lawsas Sublessee’s agent, without terminating this Agreement, may terminate Sublessee’s right of possession, and, at Sublessor’s option, enter upon and take possession rent the Subleased Premises at the best price obtainable by reasonable effort for any term Sublessor deems proper. Sublessee will be liable to Sublessor for the deficiency, if any, between Sublessee’s rent hereunder and the price obtained by Sublessor on reletting; or (iii) Sublessee may remain in possession, with Sublessee liable for one hundred twenty-five percent (125%) of the Premises and remove Sublessee, Sublessee’s property and rental rate herein. Pursuit of any party occupying of the Premisesforegoing remedies will not preclude pursuit of any of the other remedies herein provided or any other remedies provided by law. Sublessee shall pay Sublessor, on demand, all past due Rent and other losses and damages Sublessor suffers as a result of Sublessee’s default, including, without limitation, all Costs of Reletting (defined below) and any deficiency that Any notice in this provision may arise from reletting or the failure to relet the Premises. “Costs of Reletting” shall include all reasonable costs and expenses incurred be given by Sublessor in reletting or attempting its attorney. No termination of this Agreement prior to relet the Premisesnormal ending thereof, includingby lapse of time otherwise, without limitation, reasonable legal fees, customary brokerage commissions, the reasonable cost of alterations and the value of other customary concessions or allowances granted to a new sublessee; and
(b) Terminate Sublesseewill affect Sublessor’s right to possession of collect rent for the Premises and, in compliance with all laws, remove Sublessee, Sublessee’s property and any parties occupying the Premises. Sublessor may (but shall not be obligated to) relet all or any part of the Premises, without notice to Sublessee, for such period of time and on such terms and conditions (which may include customary concessions, free rent and work allowances) as Sublessor in its absolute discretion shall determine. Sublessor may collect and receive all rents and other income from the reletting. Sublessee shall pay Sublessor on demand all past due Rent, all Costs of Reletting and any deficiency arising from the reletting or failure to relet the Premises. The re-entry or taking of possession of the Premises shall not be construed as an election by Sublessor to terminate this Sublease. In lieu of calculating damages as provided above, Sublessor may elect to receive as damages the sum of: (a) all Rent due by Sublessee under this Sublease accrued through the date of termination of this Sublease or Sublessee’s right to possession; and (b) an amount equal prior to the total Gross Rent that Sublessee would have been required to pay for the remainder of the Sublease Term. If Sublessee is in default of any of its non-monetary obligations under the Sublease, Sublessor shall have the right to perform such obligations. Sublessee shall reimburse Sublessor for the cost of such performance upon demand together with an administrative charge equal to 5% of the cost of the work performed by Sublessor. The repossession or re-entering of all or any part of the Premises shall not relieve Sublessee of its liabilities and obligations under this Sublease. No right or remedy of Sublessor shall be exclusive of any other right or remedy. Each right and remedy shall be cumulative and in addition to any other right and remedy now or subsequently available to Sublessor at law or in equity. Without affecting the generality of the foregoing, Sublessor shall be also entitled to all remedies at law or in equitytermination thereof.
Appears in 1 contract
DEFAULT OF SUBLESSEE. Upon If any default by Sublessee Basic Rental or additional rental or other sums reserved hereunder, or any part thereof, shall be and remain unpaid when due (provided, however, the first two (2) times in any one (1) Lease year that Sublessee fails to pay said Basic Rental or additional rental when due, Sublessor shall give Sublessee written notice of such overdue payment and allow Sublessee a period of five (5) days in which to pay same prior to declaring a default hereunder), or if Sublessee shall violate or default in any of the provisions of this Sublease or the Lease, and such violation or default shall continue for ten (10) days after written notice thereof from Sublessor to Sublessee, then Sublessor may exercise cancel this Sublease by giving such notice and re-enter the Sublease Premises. Notwithstanding any remedy against Sublessee which Landlord may exercise for a default by Sublessor re-entry, all rent due under the Lease. Sublessee acknowledges that any act or omission on its part which would lead to a default under the Lease shall be a default by Sublessee hereunder. In addition, in recognition terms of Sublessor’s obligation to cure the same, Sublessee acknowledges that, to the extent a cure period applies to a potential event of default under this Sublease, such cure period shall be equal to half (rounded up for odd number of days) the cure period provided for in the Lease. The events of default under this Sublease shall be the same as Tenant’s defaults as set forth in the Lease; provided that the term “Lease” shall read accelerated pursuant to mean this “Sublease applicable law and the Lease,” and liability of Sublessee for the term “Tenant” shall be read as “Sublessee.” In addition, Sublessor shall also be entitled to collect any amounts payable by Sublessee to Sublessor hereunder on the same terms as Landlord is entitled to collect such amounts from Sublessor under the Lease and as provided elsewhere in this Sublease, and to exercise against Sublessee, following the expiration of any applicable periods of notice and grace, the same remedies which Landlord is entitled to exercise against Sublessor under the Lease. In addition to those remedies set forth above, Sublessor shall have the right to pursue any one or more of the following remedies upon the default by Sublessee and the continuation of such default beyond applicable periods of notice and grace:
(a) Terminate this Sublease, in which case Sublessee shall immediately surrender the Premises to Sublessor. If Sublessee fails to surrender the Premises, Sublessor, in compliance with all laws, may enter upon and take possession of the Premises and remove Sublessee, Sublessee’s property and any party occupying the Premises. Sublessee shall pay Sublessor, on demand, all past due Rent and other losses and damages Sublessor suffers as a result of Sublessee’s default, including, without limitation, all Costs of Reletting (defined below) and any deficiency that may arise from reletting or the failure to relet the Premises. “Costs of Reletting” shall include all reasonable costs and expenses incurred by Sublessor in reletting or attempting to relet the Premises, including, without limitation, reasonable legal fees, customary brokerage commissions, the reasonable cost of alterations and the value of other customary concessions or allowances granted to a new sublessee; and
(b) Terminate Sublessee’s right to possession of the Premises and, in compliance with all laws, remove Sublessee, Sublessee’s property and any parties occupying the Premises. Sublessor may (but rent shall not be obligated to) relet all or any part of the Premises, without notice to Sublessee, for such period of time and on such terms and conditions (which may include customary concessions, free rent and work allowances) as Sublessor in its absolute discretion shall determine. Sublessor may collect and receive all rents and other income from the reletting. Sublessee shall pay Sublessor on demand all past due Rent, all Costs of Reletting and any deficiency arising from the reletting or failure to relet the Premises. The re-entry or taking of possession of the Premises shall not be construed as an election by Sublessor to terminate this Sublease. In lieu of calculating damages as provided above, Sublessor may elect to receive as damages the sum of: (a) all Rent due by Sublessee under this Sublease accrued through the date of termination of this Sublease or Sublessee’s right to possession; and (b) an amount equal to the total Gross Rent that Sublessee would have been required to pay extinguished for the remainder balance of the Sublease Term. If Sublessee is in default shall make good to Sublessor any deficiency and reimburse Sublessor's reasonable expenses arising from a re-entry or reletting of any of its non-monetary obligations under the SubleaseSublease Premises, Sublessor shall have the right to perform such obligationseven if at a reduced rental. Sublessee shall reimburse Sublessor for pay any deficiency on the cost first day of such performance upon demand together with an administrative charge equal to 5% each month immediately following the month in which the amount of the cost of the work performed deficiency is ascertained by Sublessor. The repossession or re-entering of all or any part of the Premises shall not relieve Sublessee of its liabilities and obligations under this Sublease. No right or remedy of Sublessor shall be exclusive of any other right or remedy. Each right and remedy shall be cumulative and in In addition to any other right remedies Sublessor may have under this Sublease and remedy now the Lease, and without reducing or subsequently available adversely affecting any of Sublessor's rights and remedies under this Sublease and the Lease, if any rental or damages payable hereunder by Sublessee to Sublessor are not paid within five (5) days after the due date therefor, the same shall bear interest at law an interest rate equal to four percent (4%) above the so-called annual base rate of interest established and approved by Citibank, N.A., New York, New York, or its successors, from time to time, as its interest rate charged for unsecured loans to its corporate customers, but in equity. Without affecting no event greater than the generality of the foregoing, Sublessor shall be also entitled highest lawful rate from time to all remedies at law or time in equityeffect.
Appears in 1 contract
Sources: Sublease (Zixit Corp)
DEFAULT OF SUBLESSEE. Upon If Sublessee shall at any time be in default by Sublessee hereunder, Sublessor may exercise any remedy against Sublessee which Landlord may exercise for a default by Sublessor under the Lease. Sublessee acknowledges that any act or omission on its part which would lead to a default under the Lease shall be a default by Sublessee hereunder. In addition, in recognition of Sublessor’s obligation to cure the same, Sublessee acknowledges that, to the extent a cure period applies to a potential event of default under this Sublease, such cure period shall be equal to half (rounded up for odd number of days) the cure period provided for in the Lease. The events payment of default under this Sublease shall be the same as Tenant’s defaults as set forth in the Lease; provided that the term “Lease” shall read to mean this “Sublease and the Lease,” and the term “Tenant” shall be read as “Sublessee.” In additionrent, Sublessor shall also be entitled to collect any amounts payable by Sublessee to Sublessor hereunder on the same terms as Landlord is entitled to collect such amounts from Sublessor under the Lease and as provided elsewhere in this Sublease, and to exercise against Sublessee, following the expiration additional rent or of any applicable periods of notice and grace, the same remedies which Landlord is entitled other sum required to exercise against Sublessor under the Lease. In addition to those remedies set forth above, Sublessor shall have the right to pursue any one or more of the following remedies upon the default by Sublessee and the continuation of such default beyond applicable periods of notice and grace:
(a) Terminate this Sublease, in which case Sublessee shall immediately surrender the Premises to Sublessor. If Sublessee fails to surrender the Premises, Sublessor, in compliance with all laws, may enter upon and take possession of the Premises and remove Sublessee, Sublessee’s property and any party occupying the Premises. Sublessee shall pay Sublessor, on demand, all past due Rent and other losses and damages Sublessor suffers as a result of Sublessee’s default, including, without limitation, all Costs of Reletting (defined below) and any deficiency that may arise from reletting or the failure to relet the Premises. “Costs of Reletting” shall include all reasonable costs and expenses incurred by Sublessor in reletting or attempting to relet the Premises, including, without limitation, reasonable legal fees, customary brokerage commissions, the reasonable cost of alterations and the value of other customary concessions or allowances granted to a new sublessee; and
(b) Terminate Sublessee’s right to possession of the Premises and, in compliance with all laws, remove Sublessee, Sublessee’s property and any parties occupying the Premises. Sublessor may (but shall not be obligated to) relet all or any part of the Premises, without notice to Sublessee, for such period of time and on such terms and conditions (which may include customary concessions, free rent and work allowances) as Sublessor in its absolute discretion shall determine. Sublessor may collect and receive all rents and other income from the reletting. Sublessee shall pay Sublessor on demand all past due Rent, all Costs of Reletting and any deficiency arising from the reletting or failure to relet the Premises. The re-entry or taking of possession of the Premises shall not be construed as an election by Sublessor to terminate this Sublease. In lieu of calculating damages as provided above, Sublessor may elect to receive as damages the sum of: (a) all Rent due paid by Sublessee under this Sublease accrued through for three (3) days after written notice thereof, or in the date performance of termination or compliance with any of the terms, covenants, conditions or provisions of this Sublease or the Prime Lease for fifteen (15) days after written notice thereof, or violate the provisions of Paragraph 11 above, or if Sublessee shall be adjudicated as bankrupt, or shall make an assignment for the benefit of creditors, or shall file a ▇▇▇▇ in equity or otherwise initiate proceedings for the appointment of a receiver of Sublessee’s right to possession; and (b) assets, or shall file any proceeding in bankruptcy or for reorganization or an amount equal to the total Gross Rent that Sublessee would have been required to pay for the remainder of the Sublease Term. If Sublessee is in default of arrangement under any of its non-monetary obligations under the Subleasefederal or state law, Sublessor shall have the right to perform such obligations. Sublessee shall reimburse Sublessor for the cost of such performance upon demand together with an administrative charge equal to 5% of the cost of the work performed by Sublessor. The repossession or re-entering of all or any part of the Premises shall not relieve Sublessee of its liabilities and obligations under this Sublease. No right or remedy of Sublessor shall be exclusive of any other right or remedy. Each right and remedy shall be cumulative then and in addition to any other right rights or remedies Sublessor may have under this Sublease and remedy now at law and in equity, shall have the following rights:
(a) Exercise any and/or all of the same remedies as are specified for Prime Landlord under the Prime Lease as if Sublessor were the Prime Landlord.
(b) To enter the Demised Premises and without further demand or subsequently available notice proceed to distress and sale of the goods, chattels and personal property there found. Sublessee shall also be liable for all costs incurred by Sublessor in taking the aforementioned action.
(c) To re-enter the Demised Premises and remove all persons and all or any property therefrom either by summary dispossess proceedings, ejectment or by any suitable action or proceeding at law or in equity, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and repossess and enjoy the Demised Premises, together with all additions, alterations and improvements. Without affecting the generality Upon recovering possession of the foregoingDemised Premises by reason of a default on the part of Sublessee, Sublessor may, at Sublessor’s option, terminate this Sublease or make such alterations and repairs as may be necessary in order to relet the Demised Premises and relet the Demised Premises or any part or parts thereof, either in Sublessor’s name or otherwise. Sublessor shall in no event be also entitled liable in any way whatsoever for failure to all remedies at law relet the Demised Premises or, in the event that the Demised Premises or in equityany part or part thereof are relet, for failure to collect the rent thereof under such reletting.
Appears in 1 contract
Sources: Sublease (Vie Financial Group Inc)