Payment by Tenant. Upon any Event of Default, Tenant shall pay to Landlord all amounts, costs, losses and/or expenses incurred, abated or foregone by Landlord (including court costs and reasonable attorneys’ fees and expenses) in (a) obtaining possession of the Premises, (b) removing, storing and/or disposing of Tenant’s or any other occupant’s property, (c) repairing, restoring, altering, remodeling, or otherwise putting the Premises into condition acceptable to a new tenant, (d) if Tenant is dispossessed of the Premises and this Lease is not terminated, reletting all or any part of the Premises (including brokerage commissions, cost of tenant finish work, and other costs incidental to such reletting), (e) performing Tenant’s obligations under this Lease which Tenant failed to perform, (f) enforcing, or advising Landlord of, its rights, remedies, and recourses arising out of the default, and (g) securing this Lease, including all commissions, allowances, reasonable attorneys’ fees, and if this Lease or any amendment hereto contains any abated Rent granted by Landlord as an inducement or concession to secure this Lease or amendment hereto, the full amount of all Rent so abated (and such abated amounts shall be payable immediately by Tenant to Landlord, without any obligation by Landlord to provide written notice thereof to Tenant, and Tenant’s right to any abated rent accruing following such Event of Default shall immediately terminate). To the full extent permitted by law, Landlord and Tenant agree the federal and state courts of the state in which the Premises are located shall have exclusive jurisdiction over any matter relating to or arising from this Lease and the parties’ rights and obligations under this Lease.
Appears in 3 contracts
Sources: Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.)
Payment by Tenant. Upon any Event of Default, Tenant shall pay to Landlord all amounts, costs, losses and/or expenses incurred, abated or foregone by Landlord (including court costs and reasonable attorneys’ fees and expenses) in (a) obtaining possession of the Premises, (b) removing, storing and/or disposing of Tenant’s or any other occupant’s property, (c) repairing, restoring, altering, remodeling, or otherwise putting the Premises into the condition acceptable to a new tenant, (d) if Tenant is dispossessed of the Premises and this Lease is not terminated, reletting all or any part of the Premises (including brokerage commissions, cost of tenant finish work, and other costs incidental to such reletting), (e) performing Tenant’s obligations under this Lease which Tenant failed to perform, (f) enforcing, or advising Landlord of, its rights, remedies, and recourses arising out of the default, and (g) securing this Lease, including all commissions, allowances, reasonable attorneys’ fees, and if this Lease or any amendment hereto contains any abated Rent granted by Landlord as an inducement or concession to secure this Lease or amendment hereto, the full amount of all Rent so abated (and such abated amounts shall be payable immediately by Tenant to Landlord, without any obligation by Landlord to provide written notice thereof to Tenant, and Tenant’s right to any abated rent accruing following such Event of Default shall immediately terminate). To the full extent permitted by law, Landlord and Tenant agree the federal and state courts of the state in which the Premises are located shall have exclusive jurisdiction over any matter relating to or arising from this Lease and the parties’ rights and obligations under this Lease.
Appears in 2 contracts
Sources: Lease Agreement (AIRO Group Holdings, Inc.), Lease Agreement (Dirtt Environmental Solutions LTD)
Payment by Tenant. Upon any Event of DefaultNotwithstanding anything to the contrary contained herein or otherwise, Tenant shall pay but subject to Landlord all amounts, costs, losses and/or expenses incurred, abated or foregone by Landlord (including court costs and reasonable attorneys’ fees and expenses) in (a) obtaining possession without limitation of the Premisesfirst sentence of Section 4.8 below, (b) removing, storing and/or disposing of Tenant’s this Lease shall be deemed to be construed as a triple net lease and any and all expenses and obligations incurred or any other occupant’s property, (c) repairing, restoring, altering, remodeling, or otherwise putting accrued during the Term in connection with the Premises into condition acceptable to a new tenantand the Personal Property and the ownership, (d) if Tenant is dispossessed maintenance, repair and operation thereof, including, without limitation, capital expenses, will be the obligation of the Tenant, it being understood that Landlord shall receive the Base Rent set forth in Section 3.1 hereof free and clear of any and all other impositions, taxes, assessments, liens, charges or expenses of any nature whatsoever in connection with the ownership, maintenance, repair and operation of the Premises and this Lease is not terminatedthe Personal Property, reletting except for expenses and obligations arising from a default by Landlord hereunder. Tenant shall pay as Additional Rent for the Premises all taxes and assessments, general and special, water and sewer rates, charges or taxes in lieu of real estate taxes, and all other impositions, foreseen or unforeseen, ordinary and extraordinary, of every kind and nature whatsoever, which may be levied, assessed, charged or imposed during the Term upon the Premises, or any part thereof, or upon any improvements at any time situated thereon or with respect to Rent payable hereunder (collectively, the "Impositions"); provided, however, that
(a) Impositions levied against the Premises or any personal property conveyed to Tenant hereunder or by any ▇▇▇▇ of sale shall be prorated between Landlord and Tenant as of the Premises (including brokerage commissions, cost of tenant finish work, and other costs incidental to such reletting), (e) performing Tenant’s obligations under this Lease which Tenant failed to perform, (f) enforcing, or advising Landlord of, its rights, remedies, and recourses arising out Commencement Date for the first year of the defaultTerm and as of the Expiration Date for the last year of the Term (in each case, on the basis of Landlord's reasonable estimate thereof), and (gb) securing this Lease, including all commissions, allowances, reasonable attorneys’ fees, and if this Lease taxes attributable to the Premises or the Personal Property or any amendment hereto contains personal property conveyed to Tenant hereunder or by any abated Rent granted ▇▇▇▇ of sale for any period prior to the Commencement Date and all taxes attributable to Landlord's income and profit, franchise taxes, gross profit, revenue, federal income taxes, state and local net income tax, federal excess profit taxes, franchise, capital stock, business and federal or state estate or inheritance taxes of Landlord and roll-back taxes attributable to change in use or ownership by Landlord as an inducement prior to the Commencement Date or concession all other taxes relating to secure this Lease or amendment heretoperiods prior to the Term hereof, shall be the sole responsibility of Landlord (collectively, the full amount of all Rent so abated (and such abated amounts shall be payable immediately by Tenant to Landlord, without any obligation by Landlord to provide written notice thereof to Tenant, and Tenant’s right to any abated rent accruing following such Event of Default shall immediately terminate"Excluded Taxes"). To Landlord hereby indemnifies and holds harmless Tenant for all such Excluded Taxes, which indemnity shall survive the full extent permitted by law, Landlord and Tenant agree the federal and state courts expiration or termination of the state in which the Premises are located shall have exclusive jurisdiction over any matter relating to or arising from this Lease and the parties’ rights and obligations under this Lease.
Appears in 1 contract
Sources: Industrial Building Lease (Hardie James Industries Nv)
Payment by Tenant. Upon any Event of Default, Tenant shall pay to Landlord all amounts, costs, losses and/or expenses incurred, abated or foregone by Landlord (including court costs and reasonable attorneys’ fees and expenses) in (a) • obtaining possession of the Premises, (b) • removing, storing and/or disposing of Tenant’s or any other occupant’s property, (c) • repairing, restoring, altering, remodeling, or otherwise putting the Premises into the condition acceptable to a new tenant, (d) • if Tenant is dispossessed of the Premises and this Lease is not terminated, reletting all or any part of the Premises (including brokerage commissions, cost of tenant finish work, and other costs incidental to such reletting), (e) • performing Tenant’s obligations under this Lease which Tenant failed to perform, (f) • enforcing, or advising Landlord of, its rights, remedies, and recourses arising out of the default, and (g) • securing this Lease, including all commissions, allowances, reasonable attorneys’ fees, and if this Lease or any amendment hereto contains any abated Rent granted by Landlord as an inducement or concession to secure this Lease or amendment hereto, the full amount of all Rent so abated (and such abated amounts shall be payable immediately by Tenant to DMWEST #36871000 v9 ▇▇ ▇▇▇▇▇ ▇▇▇▇ Landlord, without any obligation by Landlord to provide written notice thereof to Tenant, and Tenant’s right to any abated rent accruing following such Event of Default shall immediately terminate). To the full extent permitted by law, Landlord and Tenant agree the federal and state courts of the state in which the Premises are located shall have exclusive jurisdiction over any matter relating to or arising from this Lease and the parties’ rights and obligations under this Lease.
Appears in 1 contract
Payment by Tenant. Upon any Event of Default, Tenant shall pay to Landlord all amounts, costs, losses and/or expenses incurred, abated or foregone by Landlord (including court costs and reasonable attorneys’ fees and expenses) in (a) obtaining possession of the Premises, (b) removing, storing and/or disposing of Tenant’s or any other occupant’s property, (c) repairing, restoring, altering, remodeling, or otherwise putting the Premises into the condition required by market conditions then prevailing so as to be reasonably acceptable to a new tenant, as determined in Landlord’s sole discretion (d) if Tenant is dispossessed of the Premises and this Lease is not terminated, reletting all or any part of the Premises (including brokerage commissions, cost of tenant finish work, and other costs incidental to such reletting), (e) performing Tenant’s obligations under this Lease which Tenant failed to perform, (f) enforcing, or advising Landlord of, its rights, remedies, and recourses arising out of the default, and (g) securing this Lease, including all commissions, allowances, reasonable attorneys’ fees, and if this Lease or any amendment hereto contains any abated Rent granted by Landlord as an inducement or concession to secure this Lease or amendment hereto, the full amount of all Rent so abated (and such abated amounts shall be payable immediately by Tenant to Landlord, without any obligation by Landlord to provide written notice thereof to Tenant, and Tenant’s right to any abated rent accruing following such Event of Default shall immediately terminate). To the full extent permitted by law, Landlord and Tenant agree the federal and state courts of the state in which the Premises are located shall have exclusive jurisdiction over any matter relating to or arising from this Lease and the parties’ rights and obligations under this Lease.,
Appears in 1 contract
Sources: Lease Agreement (Mimecast LTD)
Payment by Tenant. Upon any Event of Default, Tenant shall pay to Landlord all amounts, costs, losses and/or expenses incurred, abated or foregone costs incurred by Landlord (including court costs and reasonable attorneys’ fees and expensesexpenses at all tribunal levels) in in
(a1) obtaining possession of the Premises, (b2) removing, storing and/or disposing of Tenant’s or any other occupant’s property, (c3) repairing, restoring, altering, remodeling, or otherwise putting repairing and restoring the Premises into condition acceptable to a new tenantPremises, (d4) if Tenant is dispossessed of the Premises and this Lease is not terminated, reletting all or any part of the Premises (including brokerage commissions, cost of tenant finish work, and other costs incidental to such reletting, including, without limitation, commercially reasonable costs, consistent with the class of the Building and consistent with comparable buildings in the location generally near the Building of altering, remodeling, or otherwise putting the Premises into condition acceptable to a new tenant based on the condition of the Premises as surrendered by Tenant to Landlord, and taking into account then existing leasehold improvements (and the condition thereof) in the Premises), ; (e5) performing Tenant’s obligations under this Lease which Tenant failed to perform, (f6) enforcingsecuring this Lease, including all commissions, allowances, and abated ▇▇▇▇, and (7) enforcing this Lease, or advising Landlord of, its rights, remedies, and recourses arising out of the default, and (g) securing this Lease, including all commissions, allowances, reasonable attorneys’ fees, and if this Lease or any amendment hereto contains any abated Rent granted by Landlord as an inducement or concession to secure this Lease or amendment hereto, the full amount of all Rent so abated (and such abated amounts shall be payable immediately by Tenant to Landlord, without any obligation by Landlord to provide written notice thereof to Tenant, and Tenant’s right to any abated rent accruing following such Event of Default shall immediately terminate). To the full extent permitted by law, Landlord and Tenant agree the federal and state courts of the state in which the Premises are located shall have exclusive jurisdiction over any matter relating to or arising from this Lease and the parties’ rights and obligations under this Lease.
Appears in 1 contract
Sources: Office Lease
Payment by Tenant. Upon any Event of Default, Tenant shall pay to Landlord all amounts, costs, losses and/or expenses incurred, abated or foregone by Landlord (including court costs and reasonable attorneys’ ' fees and expenses) in (a1) obtaining possession of the Premises, (b2) removing, storing and/or disposing of Tenant’s 's or any other occupant’s 's property, (c3) repairing, restoring, altering, remodeling, or otherwise putting the Premises into condition acceptable to a new tenant, (d4) if Tenant is dispossessed of the Premises and this Lease is not terminated, reletting all or any part of the Premises (including brokerage commissions, cost of tenant finish work, and other costs incidental to such reletting), (e5) performing Tenant’s 's obligations under this Lease which Tenant failed to perform, (f6) enforcing, or advising Landlord of, its rights, remedies, and recourses arising out of the default, and (g7) securing this Lease, including all commissions, allowances, reasonable attorneys’ ' fees, and if this Lease or any amendment hereto contains any abated Rent granted by Landlord as an inducement or concession to secure this Lease or amendment hereto, the full amount of all Rent so abated (and such abated amounts shall be payable immediately by Tenant to Landlord, without any obligation by Landlord to provide written notice thereof to Tenant, and Tenant’s 's right to any abated rent accruing following such Event of Default shall immediately terminate). To the full extent permitted by law, Landlord and Tenant agree the federal and state courts of the state in which the Premises are located shall have exclusive jurisdiction over any matter relating to or arising from this Lease and the parties’ ' rights and obligations under this Lease.
Appears in 1 contract
Payment by Tenant. Upon any Event of Default, Tenant shall pay to Landlord all amounts, costs, losses and/or expenses incurred, abated or foregone by Landlord (including court costs and reasonable attorneys’ fees and expenses) in (a1) obtaining possession of the Premises, (b2) removing, storing and/or disposing of Tenant’s or any other occupant’s property, (c3) repairing, restoring, altering, remodeling, or otherwise putting the Premises into condition acceptable to a new tenant, (d4) if Tenant is dispossessed of the Premises and this Lease is not terminated, reletting all or any part of the Premises (including brokerage commissions, cost of tenant finish work, and other costs incidental to such reletting), (e5) performing Tenant’s obligations under this Lease which Tenant failed to perform, (f6) enforcing, or advising Landlord of, its rights, remedies, and recourses arising out of the default, and (g7) securing this Lease, including all commissions, allowances, reasonable attorneys’ fees, and if this Lease or any amendment hereto contains any abated Rent granted by Landlord as an inducement or concession to secure this Lease or amendment hereto, the full amount of all Rent so abated abated, multiplied by a fraction, the numerator of which is the number of full calendar months remaining in the Term as of the date of the Event of Default and the denominator of which is the number of months in the Term (and such abated amounts shall be payable immediately by Tenant to Landlord, without any obligation by Landlord to provide written notice thereof to Tenant, and Tenant’s right to any abated rent accruing following such Event of Default shall immediately terminate). To the full extent permitted by lawapplicable Legal Requirements, Landlord and Tenant agree the federal and state courts of the state in which the Premises are located shall have exclusive jurisdiction over any matter relating to or arising from this Lease and the parties’ rights and obligations under this Lease.
Appears in 1 contract
Payment by Tenant. Upon any Event of Default, Tenant shall pay to Landlord all amounts, costs, losses and/or expenses incurred, abated or foregone reasonable costs incurred by Landlord (including court costs and reasonable attorneys’ fees and expenses) in in: (a1) obtaining possession of the Premises, ; (b2) removing, removing and storing and/or disposing of Tenant’s or any other occupant’s property, ; (c3) repairing, restoring, altering, remodeling, or otherwise putting the Premises into condition reasonably acceptable to a new tenanttenant (provided that Tenant shall not be responsible for costs to change the character of the Premises from an office use to a primarily retail, industrial or other non-office type of use); (d4) if Tenant is dispossessed of the Premises and this Lease is not terminated, reletting all or any part of the Premises (including brokerage commissions, cost of tenant finish work, and other costs incidental to such relettingreletting (collectively, the items described in this clause (4) being referred to herein as “Costs of Reletting”)) (however, if Landlord relets the Premises for a term (the “Relet Term”) that extends past the scheduled Expiration Date of this Lease (without consideration of any earlier termination pursuant to this Article 18), the Costs of Reletting shall be applied as provided herein based on the percentage that the length of the Term remaining hereunder on the date Landlord terminates the Lease or Tenant’s right to possession bears to the length of the Relet Term. For example, if there are two (e2) years left on the Term at the time that Landlord terminates possession and, prior to the expiration of such two year period, Landlord enters into a Relet Term of ten (10) years with a new tenant, 20% of the Proratable Costs of Reletting shall be considered in determining Landlord’s damages); (5) performing Tenant’s obligations under this Lease which Tenant failed to perform, ; and (f6) enforcing, or advising Landlord of, its rights, remedies, and recourses arising out of the default, and (g) securing this Lease, including all commissions, allowances, reasonable attorneys’ fees, and if this Lease or any amendment hereto contains any abated Rent granted by Landlord as an inducement or concession to secure this Lease or amendment hereto, the full amount of all Rent so abated (and such abated amounts shall be payable immediately by Tenant to Landlord, without any obligation by Landlord to provide written notice thereof to Tenant, and Tenant’s right to any abated rent accruing following such Event of Default shall immediately terminate)Default. To the full extent permitted by lawLaw, Landlord and Tenant agree the federal and state courts of the state in which the Premises are located shall have exclusive jurisdiction over any matter relating to or arising from this Lease and the parties’ rights and obligations under this Lease.
Appears in 1 contract
Sources: Lease Agreement (Zuora Inc)
Payment by Tenant. Upon any Event of Default, Tenant shall pay to Landlord all amounts, costs, losses and/or expenses incurred, abated or foregone by Landlord (including court costs and reasonable attorneys’ fees and expenses) in (a1) obtaining possession of the PremisesPremise, (b2) removing, storing and/or disposing of Tenant’s or any other occupant’s property, (c3) repairing, restoring, altering, remodeling, or otherwise putting the Premises into condition acceptable to a new tenant, (d4) if Tenant is dispossessed of the Premises and this Lease is not terminated, reletting all or any part of the Premises (including brokerage commissions, cost of tenant finish work, and other costs incidental to such reletting), (e5) performing Tenant’s obligations under this Lease which Tenant failed to perform, (f6) enforcinge nforcing, or advising Landlord of, its rights, remedies, and recourses arising out of the default, and (g7) securing this Lease, including all commissions, allowances, reasonable attorneys’ fees, and if this Lease or any amendment hereto contains any abated Rent granted by Landlord as an inducement or concession to secure this Lease or amendment hereto, the full amount of all Rent so abated abated, provided that in each case such amounts payable under this clause (7) shall be limited to the unamortized portion of such amounts remaining as of the date of the Event of Default, amortized on a straight line basis over the Term (as the same may have been extended), (and such abated amounts shall be payable immediately by Tenant to Landlord, without any obligation by Landlord to provide written notice thereof to Tenant, and Tenant’s right to any abated rent accruing following such Event of Default shall immediately terminate). To the full extent permitted by law, Landlord and Tenant agree the federal and state courts of the state in which the Premises are located shall have exclusive jurisdiction over any matter relating to or arising from this Lease and the parties’ rights and obligations under this Lease.
Appears in 1 contract
Sources: Lease Agreement (Ciena Corp)
Payment by Tenant. Upon any Event of Default, Tenant shall pay to ----------------- Landlord all amounts, costs, losses and/or expenses incurred, abated or foregone reasonable costs incurred by Landlord (including court costs and reasonable attorneys’ ' fees and expensesexpenses should Landlord prevail in any litigation) in (a1) obtaining possession of the Premises, (b2) removing, removing and storing and/or disposing of Tenant’s 's or any other occupant’s 's property, (c3) repairing, restoring, altering, remodeling, or otherwise putting the Premises into condition acceptable to a new tenant, (d) 8) if Tenant is dispossessed of the Premises and this Lease is not terminated, reletting all or any part of the Premises (including reasonable brokerage commissions, cost of tenant finish work, and other costs incidental to such reletting), (e9) performing Tenant’s 's obligations under this Lease which Tenant failed to perform, and (f10) enforcing, or advising Landlord of, its rights, remedies, and recourses arising out of the defaultEvent of Default, in addition to the unamortized portion of the Construction Allowance, Free Rent and (g) securing any brokerage commissions paid by Landlord in connection with this Lease. If Tenant prevails in such litigation, including all commissions, allowances, Landlord shall pay Tenant its court costs and reasonable attorneys’ fees, ' fees and if this Lease or any amendment hereto contains any abated Rent granted by Landlord as an inducement or concession to secure this Lease or amendment hereto, the full amount of all Rent so abated (and expenses in connection with such abated amounts shall be payable immediately by Tenant to Landlord, without any obligation by Landlord to provide written notice thereof to Tenant, and Tenant’s right to any abated rent accruing following such Event of Default shall immediately terminate)action. To the full extent permitted by lawLaw, Landlord and Tenant agree the federal and state courts of the state in which the Premises are located State of New Jersey shall have exclusive jurisdiction over any matter relating to or arising from this Lease and the parties’ ' rights and obligations under this Lease.
Appears in 1 contract
Sources: Lease Agreement (Dset Corp)
Payment by Tenant. Upon any Event of Default, Tenant shall pay to Landlord all amounts, costs, losses and/or expenses incurred, abated or foregone by Landlord (including court costs and reasonable attorneys’ fees and expenses) in (a1) obtaining possession of the Premises, (b2) removing, storing and/or disposing of Tenant’s or any other occupant’s property, (c3) repairing, restoring, altering, remodeling, or otherwise putting the Premises into condition acceptable to a new tenant, (d4) if Tenant is dispossessed of the Premises and this Lease is not terminated, reletting all or any part of the Premises (including brokerage commissions, cost of tenant finish work, and other costs incidental to such reletting), (e5) performing Tenant’s obligations under this Lease which Tenant failed to perform, (f6) enforcing, or advising Landlord of, its rights, remedies, and recourses arising out of the default, and (g7) securing this Lease, including all commissions, allowances, reasonable attorneys’ fees, and if this Lease or any amendment hereto contains any abated Rent granted by Landlord as an inducement or concession to secure this Lease or amendment hereto, the full amount of all Rent so abated abated, provided that in each case such amounts payable under this clause (7) shall be limited to the unamortized portion of such amounts remaining as of the date of the Event of Default, amortized on a straight line basis over the Term (as the same may have been extended), (and such abated amounts shall be payable immediately by Tenant to Landlord, without any obligation by Landlord to provide written notice thereof to Tenant, and Tenant’s right to any abated rent accruing following such Event of Default shall immediately terminate). To the full extent permitted by law, Landlord and Tenant agree the federal and state courts of the state in which the Premises are located shall have exclusive jurisdiction over any matter relating to or arising from this Lease and the parties’ rights and obligations under this Lease.
Appears in 1 contract
Sources: Lease Agreement (Ciena Corp)
Payment by Tenant. Upon any Event of Default, Tenant shall pay to Landlord all amounts, costs, losses and/or expenses incurred, abated or foregone costs incurred by Landlord (including court costs and reasonable attorneys’ fees and expenses) in in: (a1) obtaining possession of the Premises, ; (b2) removing, removing and storing and/or disposing of Tenant’s or any other occupant’s property, ; (c3) repairing, restoring, altering, remodeling, or otherwise putting the Premises into condition acceptable to a new tenant, ; (d4) if Tenant is dispossessed of the Premises and this Lease is not terminated, reletting all or any part of the Premises (including brokerage commissions, cost of tenant finish work, and other costs incidental to such reletting), ; (e5) performing Tenant’s obligations under this Lease which Tenant ▇▇▇▇▇▇ failed to perform, ; and (f6) enforcing, or advising Landlord of, enforcing its rights, remedies, and recourses arising out of the defaultEvent of Default. In addition, and (g) securing this Leaseif Landlord made or paid for any improvements to the Premises, including all commissionsor granted Tenant any improvement allowance or credit against the Base Rent or other charges due hereunder for Tenant's improvements, allowancesthen Landlord shall also be entitled to recover the unamortized portion of the cost of such improvements or the amount of such allowance or credit, reasonable attorneys’ fees, and if this Lease determined by multiplying the total amount of such cost or any amendment hereto contains any abated Rent granted allowance or credit by Landlord as an inducement or concession to secure this Lease or amendment heretoa fraction, the full amount denominator of all Rent so abated (which is the total number of months of the initial Term and such abated amounts shall be payable immediately by Tenant to Landlord, without any obligation by Landlord to provide written notice thereof to Tenant, and Tenant’s right to any abated rent accruing following such Event the numerator of Default shall immediately terminate)which is the number of months of the Term remaining at the time of ▇▇▇▇▇▇'s default. To the full extent permitted by lawLaw, Landlord and Tenant agree the federal and state courts of the state in which the Premises are located shall have exclusive jurisdiction over any matter relating to or arising from this Lease and the parties’ rights and obligations under this Lease.
Appears in 1 contract
Payment by Tenant. Upon any Event of Default, Tenant shall pay to Landlord the then-unamortized value, as reasonably determined by Landlord, of all amountsleasing commissions, costsfree rent, losses tenant improvement allowance and other inducements and/or expenses incurredtransactional costs incurred by Landlord with respect to this Lease (to be amortized, abated or foregone at an interest rate reasonably determined by Landlord, over the Term from the commencement of Tenant’s obligation to pay Base Rent) and all costs incurred by Landlord (including court costs and reasonable attorneys’ fees and expenses) in in: (a1) obtaining possession of the Premises, ; (b2) removing, removing and storing and/or disposing of Tenant’s or any other occupant’s property, ; (c3) repairing, restoring, altering, remodeling, or otherwise putting the Premises into condition acceptable to a new tenant, ; (d4) if Tenant is dispossessed of the Premises and this Lease is not terminated, reletting all or any part of the Premises (including brokerage commissions, cost of tenant finish work, and other costs incidental to such reletting), ; (e5) performing Tenant’s obligations under this Lease which Tenant failed to perform, ; and (f6) enforcing, or advising Landlord of, its rights, remedies, and recourses arising out of the default, and (g) securing Event of Default. Notwithstanding the foregoing or anything to the contrary contained elsewhere in this Lease, including all commissions, allowances, reasonable attorneys’ fees, and if this Lease or any amendment hereto contains any abated Rent granted by Landlord shall not be entitled to recover more than its actual damages suffered as a result of an inducement or concession to secure this Lease or amendment hereto, the full amount of all Rent so abated (and such abated amounts shall be payable immediately by Tenant to Landlord, without any obligation by Landlord to provide written notice thereof to Tenant, and Tenant’s right to any abated rent accruing following such Event of Default shall immediately terminate)Default. To the full extent permitted by lawLaw, Landlord and Tenant agree the federal and state courts of the state in which the Premises are located shall have exclusive jurisdiction over any matter relating to or arising from this Lease and the parties’ rights and obligations under this Lease.
Appears in 1 contract
Payment by Tenant. Upon any Event of Default, Tenant shall pay to Landlord all amounts, costs, losses and/or expenses incurred, abated or foregone by Landlord (including court costs and reasonable attorneys’ fees and expenses) in (a) obtaining possession of the PremisesProperty, (b) removing, storing and/or disposing of Tenant’s or any other occupant’s property, (c) repairing, restoring, altering, remodeling, or otherwise putting the Premises Property into the condition acceptable to a new tenant, (d) if Tenant is dispossessed of the Premises Property and this Lease is not terminated, reletting all or any part of the Premises Property (including brokerage commissions, cost of tenant finish work, and other costs incidental to such reletting), (e) performing Tenant’s obligations under this Lease which Tenant failed to perform, (f) enforcing, or advising Landlord of, its rights, remedies, and recourses arising out of the default, and (g) securing this Lease, including all commissions, allowances, reasonable attorneys’ fees, and if this Lease or any amendment hereto contains any abated Rent granted by Landlord as an inducement or concession to secure this Lease or amendment hereto, the full amount of all Rent so abated (and such abated amounts shall be payable immediately by Tenant to Landlord, without any obligation by Landlord to provide written notice thereof to Tenant, and Tenant’s right to any abated rent accruing following such Event of Default shall immediately terminate). To the full extent permitted by law, Landlord and Tenant agree the federal and state courts of the state in which the Premises are located shall have exclusive jurisdiction over any matter relating to or arising from this Lease and the parties’ rights and obligations under this Lease.
Appears in 1 contract
Sources: Sublease Agreement (iBio, Inc.)
Payment by Tenant. Upon any Event of Default, Tenant shall pay to Landlord all amounts, costs, losses and/or expenses incurred, abated or foregone by Landlord (including court costs and reasonable attorneys’ fees and expenses) in (a1) obtaining possession of the Premises, (b2) removing, storing and/or disposing of Tenant’s or any other occupant’s property, (c3) repairing, restoring, altering, remodeling, or otherwise putting the Premises into condition acceptable to a new tenant, (d4) if Tenant is dispossessed of the Premises and this Lease is not terminated, reletting all or any part of the Premises (including actual and commercially reasonable brokerage commissions, cost of tenant finish work, and other costs incidental to such reletting), (e5) performing Tenant’s obligations under this Lease which Tenant failed to perform, (f6) enforcing, or advising Landlord of, its rights, remedies, and recourses arising out of the default, and (g7) securing this Lease, including all commissions, allowances, reasonable attorneys’ fees, and if this Lease or any amendment hereto contains any abated Rent granted by Landlord as an inducement or concession to secure this Lease or amendment hereto, the full amount of all Rent so abated (and such abated amounts shall be payable immediately by Tenant to Landlord, without any obligation by Landlord to provide written notice thereof to Tenant, and Tenant’s right to any abated rent accruing following such Event of Default shall immediately terminate). To the full extent permitted by law, Landlord and Tenant agree the federal and state courts of the state in which the Premises are located shall have exclusive jurisdiction over any matter relating to or arising from this Lease and the parties’ rights and obligations under this Lease.
Appears in 1 contract
Sources: Lease Agreement (RetailMeNot, Inc.)