Common use of LANDLORD'S RIGHTS UPON EVENT OF DEFAULT Clause in Contracts

LANDLORD'S RIGHTS UPON EVENT OF DEFAULT. Upon the occurrence of an Event of Default, Landlord shall have the right, at its election, then or at any time thereafter while such Event of Default shall continue, either: (1) To give Tenant written notice that this Lease will terminate on a date to be specified in such notice, which date shall not be less than three days after such notice if such notice is sent by registered or certified mail, but which date may be the date of such notice or any date thereafter if such notice is delivered in person, and on the date specified in such notice Tenant's right to possession of the Leased Premises shall cease and this Lease shall thereupon be terminated, but Tenant shall remain liable as provided in subsection (c); or (2) Without demand or notice, to reenter and take possession of the Leased Premises, or any part thereof, and repossess the same as of Landlord's former estate and expel Tenant and those claiming through or under Tenant and remove the effects of both or either, either by summary proceedings, or by action at law or in equity, without being deemed guilty of any manner of trespass and without prejudice to any remedies for arrears of rent or preceding breach of covenant. If Landlord elects to re-enter under paragraph (2), Landlord may terminate this Lease, or, from time to time, without terminating this Lease, may relet the Leased Premises, or any part thereof, as agent for Tenant for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord may deem advisable, with the right to make alterations and repairs to the Leased Premises. No such re-entry or taking of possession of the Leased Premises by Landlord shall be construed as an election on Landlord's part to terminate this Lease unless a written notice of such intention is given to Tenant under paragraph (1) or unless the termination thereof be decreed by a court of competent jurisdiction. Tenant waives any right to the service of any notice of Landlord's intention to reenter provided for by any present or future law.

LANDLORD'S RIGHTS UPON EVENT OF DEFAULT. Upon the occurrence of an ------------------------------- ------- Event of Default, Landlord shall have the right, at its election, then or at any time thereafter while such Event of Default shall continuethereafter, either: (1i) To give notice to Tenant written notice that this Lease will terminate on a date to be specified in such notice, which date shall not be less than three ten (10) days after such notice if such notice is sent by registered or certified mail, but which date may be the date of such notice or any date thereafter if such notice is delivered in personnotice, and on the date specified in such notice Tenant's right to possession of the Leased Premises shall cease and this Lease shall thereupon be terminated, but Tenant shall remain liable as provided in subsection (c); or (2ii) Without demand or notice, to reenter re-enter and take possession of the Leased Premises, or any part thereof, and repossess the same as of Landlord's former estate and expel Tenant and those claiming through or under Tenant and remove the effects of both or either, either by summary proceedings, or by action at law or in equity, without being deemed guilty of any manner of trespass and without prejudice to any remedies for arrears of rent or preceding breach of covenant. If Landlord elects to re-enter under paragraph (2ii), Landlord may terminate this Lease, or, from time to time, without terminating this Lease, may relet the Leased Premises, or any part thereof, as agent for Tenant for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord may deem advisable, with the right to make alterations and repairs to the Leased Premises. No such re-entry or taking of possession of the Leased Premises by Landlord shall be construed as an election on Landlord's part to terminate this Lease unless a written notice of such intention is given to Tenant under paragraph (1i) or unless the termination thereof be is decreed by a court of competent jurisdiction. Tenant waives any right to the service of any notice of Landlord's intention to reenter provided for by any present or future law.

LANDLORD'S RIGHTS UPON EVENT OF DEFAULT. Upon the occurrence of an Event of Default, Landlord shall have the right, at its election, then or at any time thereafter while such Event of Default shall continuethereafter, either: (1) To give notice to Tenant written notice that this Lease will terminate on a date to be specified in such notice, which date shall not be less than three days after such notice if such notice is sent by registered or certified mail, but which date may be the date of such notice or any date thereafter if such notice is delivered in personnotice, and on the date specified in such notice Tenant's right to possession of the Leased Premises shall cease and this Lease shall thereupon be terminated, but Tenant shall remain liable as provided in subsection (c); or (2) Without demand or notice, to reenter re-enter and take possession of the Leased Premises, or any part thereof, and repossess the same as of Landlord's former estate and expel Tenant and those claiming through or under Tenant and remove the effects of both or either, either by summary proceedings, or by action at law or in equity, or by force (if necessary) or otherwise, without being deemed guilty of any manner of trespass and without prejudice to any remedies for arrears of rent or preceding breach of covenant. If Landlord elects to re-enter reenter under paragraph (2), Landlord may terminate this Lease, or, from time to time, without terminating this Lease, may relet the Leased Premises, or any part thereof, as agent for Tenant for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord may deem advisable, with the right to make alterations and repairs to the Leased Premises. No such re-entry reentry or taking of possession of the Leased Premises by Landlord shall be construed as an election on Landlord's part to terminate this Lease unless a written notice of such intention is given to Tenant under paragraph (116(b)(1) or unless the termination thereof be is decreed by a court of competent jurisdiction. Tenant waives any right to the service of any notice of Landlord's intention to reenter provided for by any present or future law.

LANDLORD'S RIGHTS UPON EVENT OF DEFAULT. Upon the occurrence of an Event of Default, Landlord shall have the rightLandlord, at its electionoption, may terminate this Lease, and with our without terminating this Lease, may pursue any and all other remedies available to it under the laws of the Commonwealth of Virginia, including, by way of example rather than of limitation, the rights to: (i) re-enter and repossess the Premises, with lawful force, and any and all improvements hereon and additions thereto; (ii) at Landlord's option, immediately recover an amount equal to the present: value (as of the date of Tenant's default) of the Base Rent and Additional Rent which would have become due through the date on which the Lease Term would have expired but for Tenants default, less such amounts as Tenant proves could reasonably have been avoided by Landlord through the exercise of commercially reasonable efforts to relet the Premises, which damages shall be payable to Landlord in a lump sum on demand. For purposes of this Section, present value shall be computed by discounting at a rate equal to one (1) whole per cent point above the "prime rate" then in effect at ▇▇▇▇▇▇ Guaranty Trust Company of New York, and collect such balance in any manner not inconsistent with applicable law; and/or (iii) relet any or at all of the Premises for Tenant's account for any time thereafter while or all of the remainder of the Lease Term, or pay to Landlord any deficiency in the Rent and any other sum which Tenant is obligated to pay resulting, with respect to such remainder, from such reletting, as well as the out-of-pocket cost to Landlord of any reasonable fees relating to reletting of the Premises including but not limited to construction costs, brokerage fees, reasonable attorney's fees or of any repairs or other action (including those taken in exercising Landlord's rights under any provision of this Lease) taken by Landlord on account of such Event of Default shall continue, either: (1) To give Tenant written notice that Default. Landlord's rights and remedies set forth in this Lease will terminate on a date are cumulative and in addition to be specified in such notice, which date shall not be less than three days after such notice if such notice is sent by registered or certified mail, but which date may be the date of such notice or any date thereafter if such notice is delivered in person, and on the date specified in such notice Tenant's right to possession of the Leased Premises shall cease and this Lease shall thereupon be terminated, but Tenant shall remain liable as provided in subsection (c); or (2) Without demand or notice, to reenter and take possession of the Leased Premises, or any part thereof, and repossess the same as of Landlord's former estate other rights and expel Tenant and those claiming through or under Tenant and remove the effects of both or either, either by summary proceedings, or by action remedies at law or in equity, without being deemed guilty including those available as a result of any manner anticipatory breach of trespass this Lease. Landlord's exercise of any such right or remedy shall not prevent the concurrent or subsequent exercise of any other right or remedy. Landlord's delay or failure to exercise or enforce any of Landlord's rights or remedies or Tenant's obligations shall not constitute a waiver of any such rights, remedies or obligations. Landlord shall not be deemed to have waived any default unless such waiver expressly set forth in an instrument signed by Landlord. Any such waiver shall not be construed as a waiver of any covenant or condition except as to the specific circumstances described in such waiver. Neither Tenant's payment of an amount less than a sum due nor Tenant's endorsement or statement on any check or letter accompanying such payment shall be deemed an accord and satisfaction. Notwithstanding any request or designation by Tenant, Landlord may apply any payment received from Tenant to any payment then due. Landlord may accept the same without prejudice to any remedies for arrears Landlord's right to recover the balance of rent such sum or preceding breach to pursue other remedies, Re-entry and acceptance of covenant. If Landlord elects to re-enter under paragraph (2), Landlord may terminate keys shall not be considered an acceptance of a surrender of this Lease, or, from time to time, without terminating this Lease, may relet the Leased Premises, or any part thereof, as agent for Tenant for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord may deem advisable, with the right to make alterations and repairs to the Leased Premises. No such re-entry or taking of possession of the Leased Premises by Landlord shall be construed as an election on Landlord's part to terminate this Lease unless a written notice of such intention is given to Tenant under paragraph (1) or unless the termination thereof be decreed by a court of competent jurisdiction. Tenant waives any right to the service of any notice of Landlord's intention to reenter provided for by any present or future law.

LANDLORD'S RIGHTS UPON EVENT OF DEFAULT. Upon the occurrence of an Event of Default, Landlord shall have the right, at its election, then or at any time thereafter while such Event of Default shall continuethereafter, either: (1) To give notice to Tenant written notice that this Lease will terminate on a date to be specified in such notice, which date shall not be less than three days after such notice if such notice is sent by registered or certified mail, but which date may be five (5) days from the date of such notice or any date thereafter if such notice is delivered in personday thereafter, and on the date specified in such notice Tenant's right to possession of the Leased Premises shall cease and this Lease shall thereupon be terminated, but Tenant shall remain liable as provided in subsection (cd); or (2) Without demand or notice, to reenter and take possession of the Leased Premises, or any part thereof, and repossess the same as of Landlord's former estate and expel Tenant and those claiming through or under Tenant and remove the effects of both or either, either by summary proceedings, or by action at law or in equity, or by force (if necessary) or otherwise, without being deemed guilty of any manner of trespass and without prejudice to any remedies for arrears of rent or preceding breach of covenant. If Landlord elects to re-enter reenter under paragraph (2), Landlord may terminate this Lease, or, from time to time, without terminating this Lease, may relet the Leased Premises, or any part thereof, as agent for Tenant for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord may deem advisable, with the right to make alterations and repairs to the Leased Premises. No such re-entry reentry or taking of possession of the Leased Premises by Landlord shall be construed as an election on Landlord's part to terminate this Lease unless a written notice of such intention is given to Tenant under paragraph (1) or unless the termination thereof be is decreed by a court of competent jurisdiction. Tenant waives any right to the service of any notice of Landlord's intention to reenter provided for by any present or future law. Landlord shall make a good faith effort to mitigate damages by seeking to relet the Leased Premises.

LANDLORD'S RIGHTS UPON EVENT OF DEFAULT. Upon the occurrence of an Event of Default, Tenant shall in all events remain liable for the rent and additional rent (except as otherwise provided in Section 8(b)(1) below) provided herein for the balance of the term of this Lease and Landlord shall also have the right, at its sole election, then or at any time thereafter while such Event of Default shall continuethereafter, either: (1) To give notice to Tenant written notice that this Lease will terminate (thereby ending the term of the Lease) on a date to be specified in such notice, which date shall not be less than three days after such notice if such notice is sent by registered or certified mail, but which date may be fifteen (15) days from the date of such notice or any date thereafter if such notice is delivered in personday thereafter, and on the date specified in such notice Tenant's right to possession of the Leased Premises and obligation to pay rent shall cease and this Lease shall thereupon be terminated, but Tenant shall remain liable as provided in subsection (c); or (2) Without demand After obtaining a valid court order, or noticeif said Premises shall be deserted or vacated, then it shall be lawful for the Landlord, its certain attorney, heirs, representatives and assigns, to reenter re-enter into, repossess the Premises and take the Tenant and each and every occupant to remove and put out. In the event that the Landlord shall, during the period covered by this Lease, obtain possession of the Leased PremisesPremises by re-entry, or any part thereof, and repossess the same as of Landlord's former estate and expel Tenant and those claiming through or under Tenant and remove the effects of both or either, either by summary proceedings, or by action at law otherwise, the Tenant hereby agrees to pay the Landlord the expenses incurred in obtaining repossession of the Premises (including reasonable attorney fees), and also all expenses and commissions which may be paid in and about the letting of the same, and all other damages. Landlord agrees to use its best efforts to mitigate its damages. Landlord may, in its sole discretion, elect to submit all or in equity, without being deemed guilty any part of any manner controversy or claim arising out of trespass and without prejudice or related to this Lease to judicial proceedings or to arbitration. With respect to any remedies for arrears of rent or preceding breach of covenant. If matter(s) which Landlord elects to re-enter submit to arbitration, the parties hereby agree that such matter(s) shall be determined by binding arbitration under paragraph the commercial arbitration rules of the American Arbitration Association. The parties further agree that any such controversy or claim submitted to arbitration shall be determined by one (2)1) arbitrator selected from the panels of arbitrators of the American Arbitration Assocation. The parties further agree that, Landlord with respect to each matter submitted to arbitration: they will faithfully observe this agreement and the rules; they will abide by and perform any award rendered by the arbitrator; and a judgment of the court having jurisdiction may terminate be entered on the award. Landlord's election to arbitrate any matter shall be made by filing a claim for arbitration pursuant to the rules of the American Arbitration Association. The parties agree that all arbitration hearings, and all judicial proceedings to enforce any of the provisions of this Lease, orshall take place in Oakland County, from time to timeMichigan and that the costs and expenses of arbitration, without terminating this Leaseincluding the fees of the arbitrator, may relet shall be borne by the Leased Premiseslosing party, or any part thereof, in such proportions as agent for Tenant for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord may deem advisable, with the right to make alterations and repairs to the Leased Premises. No such re-entry or taking of possession of the Leased Premises by Landlord arbitrator shall be construed as an election on Landlord's part to terminate this Lease unless a written notice of such intention is given to Tenant under paragraph (1) or unless the termination thereof be decreed by a court of competent jurisdiction. Tenant waives any right to the service of any notice of Landlord's intention to reenter provided for by any present or future lawdetermine.

LANDLORD'S RIGHTS UPON EVENT OF DEFAULT. Upon the occurrence of an Event of Default, Landlord shall have the rightLandlord, at its electionoption, may terminate this Lease, and with our without terminating this Lease, may pursue any and all other remedies available to it under the laws of the Commonwealth of Kentucky, including, by way of example rather than of limitation, the rights to: (i) re-enter and repossess the Premises, with lawful force, and any and all improvements thereon and additions thereto; (ii) at Landlord's option, immediately recover an amount equal to the present value (as of the date of Tenant's default) of the Base Rent and Additional Rent which would have become due through the date on which the Lease Term would have expired but for Tenant's default, which damages shall be payable to Landlord in a lump sum on demand. For purposes of this Section, present value shall be computed by discounting at a rate equal to one (1) whole percent point above the "prime rate" then in effect at ▇▇▇▇▇▇ Guaranty Trust Company of New York, and collect such balance in any manner not inconsistent with applicable law; and/or (iii) relet any or at all of the Premises for Tenant's account for any time thereafter while or all of the remainder of the Lease Term, or pay to Landlord, any deficiency in the Rent and any other sum which Tenant is obligated to pay resulting, with respect to such remainder, from such reletting, as well as the out-of-pocket cost to Landlord of any reasonable fees relating to reletting of the Premises including but not limited to construction costs, brokerage fees, reasonable attorney's fees or of any repairs or other action (including those taken in exercising Landlord's rights under any provision of this Lease) taken by Landlord on account of such Event of Default shall continue, either: (1) To give Tenant written notice that Default. Landlord's rights and remedies set forth in this Lease will terminate on a date are cumulative and in addition to be specified in such notice, which date shall not be less than three days after such notice if such notice is sent by registered or certified mail, but which date may be the date of such notice or any date thereafter if such notice is delivered in person, and on the date specified in such notice Tenant's right to possession of the Leased Premises shall cease and this Lease shall thereupon be terminated, but Tenant shall remain liable as provided in subsection (c); or (2) Without demand or notice, to reenter and take possession of the Leased Premises, or any part thereof, and repossess the same as of Landlord's former estate other rights and expel Tenant and those claiming through or under Tenant and remove the effects of both or either, either by summary proceedings, or by action remedies at law or in equity, without being deemed guilty including those available as a result of any manner anticipatory breach of trespass this Lease. Landlord's exercise of any such right or remedy shall not prevent the concurrent or subsequent exercise of any other right or remedy. Landlord's delay or failure to exercise or enforce any of Landlord's rights or remedies or Tenant's obligations shall not constitute a waiver of any such rights, remedies or obligations. Landlord shall not be deemed to have waived any default unless such waiver expressly set forth in an instrument signed by Landlord. Any such waiver shall not be construed as a waiver of any covenant or condition except as to the specific circumstances described in such waiver. Neither Tenant's payment of an amount less than a sum due nor Tenant's endorsement or statement on any check or letter accompanying such payment shall be deemed an accord and satisfaction. Notwithstanding any request or designation by Tenant, Landlord may apply any payment received from Tenant to any payment then due. Landlord may accept the same without prejudice to any remedies for arrears Landlord's right to recover the balance of rent such sum or preceding breach to pursue other remedies. Re-entry and acceptance of covenant. If Landlord elects to re-enter under paragraph (2), Landlord may terminate keys shall not be considered an acceptance of a surrender of this Lease, or, from time to time, without terminating this Lease, may relet the Leased Premises, or any part thereof, as agent for Tenant for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord may deem advisable, with the right to make alterations and repairs to the Leased Premises. No such re-entry or taking of possession of the Leased Premises by Landlord shall be construed as an election on Landlord's part to terminate this Lease unless a written notice of such intention is given to Tenant under paragraph (1) or unless the termination thereof be decreed by a court of competent jurisdiction. Tenant waives any right to the service of any notice of Landlord's intention to reenter provided for by any present or future law.

LANDLORD'S RIGHTS UPON EVENT OF DEFAULT. Upon the occurrence of an Event of Default, Landlord shall have the right, at its election, then or at any time thereafter while such Event of Default shall continue, either: (1) To give Tenant written notice that this Lease will terminate on a date to be specified in such notice, which date shall not be less than three days after such notice if such notice is sent by registered or certified mail, but which date may be the date of such notice or any date thereafter if such notice is delivered in person, and on the date specified in such notice Tenant's ’s right to possession of the Leased Premises shall cease and this Lease shall thereupon be terminated, but Tenant shall remain liable as provided in subsection (c); or (2) Without demand or notice, to reenter and or take possession of the Leased Premises, or any part thereof, and repossess the same as of Landlord's ’s former estate and expel Tenant and those claiming through or under Tenant and remove the effects of both or either, either by summary proceedings, or by action at law or in equity, without being deemed guilty of any manner of trespass and without prejudice to any remedies for arrears of rent or preceding breach of covenant. If Landlord elects to re-enter under paragraph (2), Landlord may terminate this Lease, or, from time to time, without terminating this Lease, may relet the Leased Premises, or any part thereof, as agent for Tenant for such term or terms and at it such rental or rentals and upon such other terms and conditions as Landlord may deem advisable, with the right to make alterations and repairs to the Leased Premises. No such re-entry or taking of possession of the Leased Premises by Landlord shall be construed as an election on Landlord's ’s part to terminate this Lease unless a written notice of such intention is given to Tenant under paragraph (1) or unless the termination thereof be decreed by a court of competent jurisdiction. Tenant waives any right to the service of any notice of Landlord's ’s intention to reenter provided for by any present or future law.

LANDLORD'S RIGHTS UPON EVENT OF DEFAULT. Upon the occurrence of an Event of Default, Landlord shall have the right, at its election, then or at any time thereafter while such Event of Default shall continuethereafter, either: (1) To give notice to Tenant written notice that this Lease will terminate on a date to be specified in such notice, which date shall not be less than three days after such notice if such notice is sent by registered or certified mail, but which date may be five (5) days from the date of such notice or any date thereafter if such notice is delivered in personday thereafter, and on the date specified in such notice Tenant's ’s right to possession of the Leased Premises shall cease and this Lease shall thereupon be terminated, but Tenant shall remain liable as provided in subsection (c); or (2) Without demand or notice, to reenter and take possession of the Leased Premises, or any part thereof, and repossess the same as of Landlord's ’s former estate and expel Tenant and those claiming through or under Tenant and remove the effects of both or either, either by summary proceedings, or by action at law or in equity, without being deemed guilty of any manner of trespass and without prejudice to any remedies for arrears of rent or preceding breach of covenant. If Landlord elects to re-enter reenter under paragraph (2), Landlord may terminate this Lease, or, from time to time, without terminating this Lease, may relet the Leased Premises, or any part thereof, as agent for Tenant for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord may deem advisable, with the right to make alterations and repairs to the Leased Premises. No such re-entry reentry or taking of possession of the Leased Premises by Landlord shall be construed as an election on Landlord's ’s part to terminate this Lease unless a written notice of such intention is given to Tenant under paragraph (1) or unless the termination thereof be is decreed by a court of competent jurisdiction. Tenant waives any right to the service of any notice of Landlord's ’s intention to reenter provided for by any present or future law.

LANDLORD'S RIGHTS UPON EVENT OF DEFAULT. Upon the occurrence of an Event of Default, Landlord shall have the rightsubject to cure periods contained herein, Landlord, at its electionoption, may terminate this Lease, and with our without terminating this Lease, may pursue any and all other remedies available to it under the laws of the Commonwealth of Virginia, including, by way of example rather than of limitation, the rights to: (i) re-enter and repossess the Premises, with lawful force, and any and all improvements thereon and additions thereto; (ii) at Landlord's option, immediately recover an amount equal to the present value (as of the date of Tenant's default) of the Base Rent and Additional Rent which would have become due through the date on which the Lease Term would have expired but for Tenant's default, which damages shall be payable to Landlord in a lump sum on demand. For purposes of this Section, present value shall be computed by discounting at a rate equal to one (1) whole per cent point above the "prime rate" then in effect at ▇▇▇▇▇▇ Guaranty Trust Company of New York, and collect such balance in any manner not inconsistent with applicable law. Landlord agrees to offset against any judgment that may be obtained for the sums due hereunder the net amounts received by Landlord as a result of any reletting, following deduction from such receipts of the out-of-pocket cost to Landlord of any reasonable fees relating to reletting of the Premises including but not limited to construction costs, brokerage fees, reasonable attorney's fees or at of any time thereafter while repairs or other action (including those taken in exercising Landlord's rights under any provision of this Lease) taken by Landlord ; and/or (iii) relet any or all of the Premises for Tenant's account for any or all of the remainder of the Lease Term, and require Tenant to pay to Landlord, any deficiency in the Rent and any other sum which Tenant is obligated to pay resulting, with respect to such remainder, from such reletting, as well as the out-of-pocket cost to Landlord of any reasonable fees relating to reletting of the Premises including but not limited to construction costs, brokerage fees, reasonable attorney's fees or of any repairs or other action (including those taken in exercising Landlord's rights under any provision of this Lease) taken by Landlord on account of such Event of Default shall continue, either: (1) To give Tenant written notice that this Lease will terminate on a date to be specified in such notice, which date Default. Landlord shall not be less than three days after such notice if such notice is sent by registered or certified mailliable for, but which date may be the date of such notice or any date thereafter if such notice is delivered in person, and on the date specified in such notice nor shall Tenant's right obligations be diminished by reason of, Landlord's failure to possession of relet the Leased Premises shall cease or collect any rent due upon such reletting. Landlord's rights and remedies set forth in this Lease shall thereupon be terminated, but Tenant shall remain liable as provided are cumulative and in subsection (c); or (2) Without demand or notice, addition to reenter and take possession of the Leased Premises, or any part thereof, and repossess the same as of Landlord's former estate other rights and expel Tenant and those claiming through or under Tenant and remove the effects of both or either, either by summary proceedings, or by action remedies at law or in equity, without being deemed guilty including those available as a result of any manner anticipatory breach of trespass this Lease. Landlord's exercise of any such right or remedy shall not prevent the concurrent or subsequent exercise of any other right or remedy. Landlord's delay or failure to exercise or enforce any of Landlord's rights or remedies or Tenant's obligations shall not constitute a waiver of any such rights, remedies or obligations. Landlord shall not be deemed to have waived any default unless such waiver expressly set forth in an instrument signed by Landlord. Any such waiver shall not be construed as a waiver of any covenant or condition except as to the specific circumstances described in such waiver. Neither Tenant's payment of an amount less than a sum due nor Tenant's endorsement or statement on any check or letter accompanying such payment shall be deemed an accord and satisfaction. Notwithstanding any request or designation by Tenant, Landlord may apply any payment received from Tenant to any payment then due. Landlord may accept the same without prejudice to any remedies for arrears Landlord's right to recover the balance of rent such sum or preceding breach to pursue other remedies. Re-entry and acceptance of covenant. If Landlord elects to re-enter under paragraph (2), Landlord may terminate keys shall not be considered an acceptance of a surrender of this Lease, or, from time to time, without terminating this Lease, may relet the Leased Premises, or any part thereof, as agent for Tenant for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord may deem advisable, with the right to make alterations and repairs to the Leased Premises. No such re-entry or taking of possession of the Leased Premises by Landlord shall be construed as an election on Landlord's part to terminate this Lease unless a written notice of such intention is given to Tenant under paragraph (1) or unless the termination thereof be decreed by a court of competent jurisdiction. Tenant waives any right to the service of any notice of Landlord's intention to reenter provided for by any present or future law.