Re-entry. In the event that the Tenant shall be in default of any of its covenants hereunder including the covenant of the Tenant to pay rent or additional rent (after 5 business days prior written notice from the Landlord delivered to the Tenant), the Landlord may at is option either enter into and upon the Demised Premises or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Tenant and claim against the Tenant for damages suffered. Provided further that in the event that the Landlord shall be entitled to, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises as the agent of the Tenant either by force or otherwise without being liable for any prosecution therefor, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to the Landlord for the deficiency, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunder.
Appears in 2 contracts
Sources: Lease Agreement (Eastgate Acquisitions Corp), Lease Agreement (Eastgate Acquisitions Corp)
Re-entry. In Proviso for re-entry by the event Landlord on non-payment of rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on the Landlord in this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial Tenancies Act of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, or any part thereof for such term or terms (which may be for a term or terms extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received by the Landlord from such reletting shall be applied, first, to the payment of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be in default of any of its covenants hereunder including the covenant calculated and paid monthly. No such re-entry or taking possession of the Tenant Leased Premises by the Landlord shall be construed as an election on its part to pay rent or additional rent (after 5 business days prior terminate this Lease unless a written notice from the Landlord delivered of such intention is given to the Tenant). Notwithstanding any such reletting without termination, the Landlord may at is option either enter into and upon the Demised Premises or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate and the said time thereafter elect to terminate this Lease shall thereupon terminate or itself take steps and do to or cause to be done for such things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Tenant and claim against the Tenant for damages sufferedprevious breach. Provided further that in the event that Should the Landlord shall be entitled toat any time terminate this Lease for any breach, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to any remedies it may have, it may recover from the Tenant all other rights hereby reserved to itdamages it has incurred or may incur by reason of such breach, including the Landlord shall have cost of recovering the right to re-enter Leased Premises, reasonable solicitor’s fees, and including the Demised Premises as worth at the agent time of such termination of the Tenant either by force or otherwise without being liable for any prosecution thereforexcess, and to re-let the whole or any portion if any, of the Demised Premises amount of rent and charges equivalent to the rent reserved in this Lease for any period equal to or greater or less than the remainder of the stated Term over the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises reasonable rental value as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to by the Landlord for the deficiencyremainder of the stated Term, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder all of which amounts shall in any way release be immediately due and payable from the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunderLandlord.
Appears in 2 contracts
Sources: Combination Agreement (Fenix Parts, Inc.), Combination Agreement (Fenix Parts, Inc.)
Re-entry. In the event that the Tenant shall be in default of Landlord or Landlord's agents and employees may immediately or at any of its covenants hereunder including the covenant of the Tenant to pay rent or additional rent (after 5 business days prior written notice from the Landlord delivered to the Tenant), the Landlord may at is option either enter into and upon the Demised Premises or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Tenant and claim against the Tenant for damages suffered. Provided further that in the event that the Landlord shall be entitled to, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises as the agent of the Tenant either by force or otherwise without being liable for any prosecution therefor, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or any part thereof, peaceably but using such reasonable force as may be required, and without judicial process, or by any suitable action or proceeding at law, and may repossess the Premises, and may remove any persons, fixtures or chattels therefrom, to the end that Landlord may have, hold and enjoy the Premises. In the event of any such retaking of possession of Premises by Landlord, Tenant shall remove all personal property located thereon and upon failure to do so upon demand of Landlord, Landlord may in addition to any Tenant which other remedies allowed by law, remove and store the same in any place selected by Landlord, in including but not limited to a public warehouse, at the exercise expense and risk of reasonable discretionTenant. If Tenant shall fail to pay all sums due hereunder together with the cost of storing any such property within thirty (30) days after it has been stored, Landlord may sell any or all of such property at public or private sale and shall deem apply the proceeds of such sale first, to be objectionable and the cost of such sale; second, to apply any rent derived from so re-letting the Demised Premises upon account payment of the rent charges and expenses for reentry, removal and storage; third, to the payment of any other sums of money that may be due hereunder, from Tenant to Landlord under the terms of this Lease; and the Tenant shall remain liable to the Landlord for the deficiencybalance, if any, it being the intention hereof to Tenant. Tenant hereby waives all claims for damages that nothing herein contained an no entry made by the Landlord hereunder shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized caused by Landlord's re-entering and taking possession of Premises or removing and storing or selling the property of Tenant as herein provided, and will indemnify, defend and save Landlord by harmless from loss, costs or damages to Tenant occasioned thereby, and no such re-letting entry shall be considered or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event construed to be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a reforcible entry. RE-letting of the Demised Premises in excess of the rent reserved hereunderENTRY OR TAKING POSSESSION OF SAID PREMISES BY LANDLORD SHALL NOT BE CONSTRUED AS AN ELECTION ON ITS PART TO TERMINATE THIS LEASE UNLESS A WRITTEN NOTICE OF SUCH INTENTION IS GIVEN TO TENANT.
Appears in 2 contracts
Sources: Lease Agreement (Pyramid Breweries Inc), Lease Agreement (Pyramid Breweries Inc)
Re-entry. In Proviso for re-entry by the event Landlord on non-payment of rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on the Landlord in this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, or any part thereof for such term or terms (which may be for a term or terms extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received by the Landlord from such reletting shall be applied, first, to the payment of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be in default of any of its covenants hereunder including the covenant calculated and paid monthly. No such re-entry or taking possession of the Tenant Leased Premises by the Landlord shall be construed as an election on its part to pay rent or additional rent (after 5 business days prior terminate this Lease unless a written notice from the Landlord delivered of such intention is given to the Tenant). Notwithstanding any such reletting without termination, the Landlord may at is option either enter into and upon the Demised Premises or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate and the said time thereafter elect to terminate this Lease shall thereupon terminate or itself take steps and do to or cause to be done for such things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Tenant and claim against the Tenant for damages sufferedprevious breach. Provided further that in the event that Should the Landlord shall be entitled toat any time terminate this Lease for any breach, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to any remedies it may have, it may recover from the Tenant all other rights hereby reserved to itdamages it has incurred or may incur by reason of such breach, including the Landlord shall have cost of recovering the right to re-enter Leased Premises, reasonable solicitor’s fees, and including the Demised Premises as worth at the agent time of such termination of the Tenant either by force or otherwise without being liable for any prosecution thereforexcess, and to re-let the whole or any portion if any, of the Demised Premises amount of rent and charges equivalent to the rent reserved in this Lease for any period equal to or greater or less than the remainder of the stated Term over the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises reasonable rental value as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to by the Landlord for the deficiencyremainder of the stated Term, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder all of which amounts shall in any way release be immediately due and payable from the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunderLandlord.
Appears in 2 contracts
Sources: Combination Agreement (Fenix Parts, Inc.), Combination Agreement (Fenix Parts, Inc.)
Re-entry. In the event that the Tenant shall be in default If an Event of any of its covenants hereunder including the covenant of the Tenant to pay rent or additional rent (after 5 business days prior written notice from the Landlord delivered to the Tenant)Default exists, the Landlord may at is option either enter into and upon the Demised Premises or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Tenant and claim against the Tenant for damages suffered. Provided further that in the event that the then Landlord shall be entitled to, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall also have the right and is authorized, with or without terminating this Lease, and with or without notice, to the extent permitted by applicable law, to re-enter the Demised Premises, change or pick the locks, access codes, or other access control devices to the Premises as or the agent of the Tenant either by force or otherwise without being liable for any prosecution thereforBuilding, and to take any self-help measures or judicial action to remove and exclude Tenant and other occupants from the Premises, without liability for any resulting Damages. Landlord also is entitled to use the measures in the preceding sentence to remove all property from the Premises, which then may be stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. If Landlord re-let enters the whole Premises or any portion terminates this Lease pursuant to this Section 28.d, then Tenant waives all claims for Damages that may be caused by that re-entry or termination by Landlord. Neither the re-entry or taking possession of the Demised Premises by Landlord pursuant to this Section 28.d, nor the service by Landlord of any notice pursuant to the forcible entry and detainer statutes of the State of Texas and the surrender of the Premises pursuant to that notice, shall be construed as an election to terminate this Lease unless a written notice of Landlord's intention to terminate the Lease is given to Tenant or unless the termination of the Lease is decreed by a court of competent jurisdiction, and Tenant's obligations shall remain in effect for any period equal to or greater or less than the remainder of the then current term Term. To the extent of any inconsistency or conflict between this Lease and the provisions of Section 93.002 of the Tenant Texas Property Code (as amended, supplemented, modified, recodified, and/or replaced on one or more occasions, the "TPC"), it is the agreement of the parties that this Lease shall supersede Section 93.002. Landlord may take these actions without being deemed in any manner guilty of trespass, eviction, or forcible entry or detainer and to receive without inclining any liability for damage resulting from these actions, including, without limitation, any liability arising under Chapter 93 of the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactoryTPC, and without relinquishing Landlord's fight to collect Rent, or any other right given to Landlord under this Lease or by operation of law. Tenant waives any and all rights to claim Damages for Landlord's re-entry and expulsion pursuant to this Lease, including any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character rights granted to Tenant by Chapter 93 of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to the Landlord for the deficiency, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunderTPC.
Appears in 1 contract
Re-entry. In Termination; Reletting. To reenter the event that Premises, together with all additions, alterations and improvements, and, at the Tenant shall be in default option of Landlord, remove all persons and all or any of its covenants hereunder including property therefrom, either by summary dispossess proceedings or by any suitable action or proceeding at law or by force or otherwise, without being liable for prosecution for damages therefor, and repossess and enjoy the covenant Premises. Upon recovering possession of the Tenant Premises by reason of or based upon or arising out of a default on the part of Tenant, Landlord may, at Landlord's option, either terminate this lease or make such alterations and repairs as may be necessary in order to pay rent or additional rent (after 5 business days prior written notice from relet the Landlord delivered to Premises and relet the Tenant), the Landlord may at is option either enter into and upon the Demised Premises or any part thereof or parts thereof, either in Landlord's name or otherwise, for a term or terms which may, at Landlord's option, be less than or exceed the name period which would otherwise have constituted the balance of the whole term of this lease and have againat such rent or rents and upon such other terms and conditions as in Landlord's sole discretion may seem advisable and to such person or persons as may in Landlord's discretion seem best; upon each such reletting all rents received by Landlord from such reletting shall be applied: first, repossess to the payment of any costs and enjoy expenses of such reletting, including brokerage fees and attorney's fees and all costs of such alterations and repairs; second, to the same as payment of its former estate any indebtedness other than rent due hereunder from Tenant to Landlord; third, to the payment of rent due and unpaid hereunder; and the said Lease residue, if any, shall thereupon terminate or itself take steps be held by Landlord and do to or cause applied in payment of future rent as it may become due and payable hereunder. If such rentals received from such reletting during any month shall be less than that to be done paid during that month by Tenant, Tenant shall pay any such things as may deficiency to Landlord. Such deficiency shall be necessary to remedy calculated and correct paid monthly. No such defaults, reentry or to re-let the same as agent taking possession of the Tenant and claim against Premises or the Tenant making of alterations or improvements thereto or the reletting thereof shall be construed as an election on the part of Landlord to terminate this lease unless written notice of such intention be given to Tenant. Landlord shall in no event be liable in any way whatsoever for damages suffered. Provided further that failure to relet the Premises or, in the event that the Premises or any part or parts thereof are relet, for failure to collect the rent thereof under such reletting. Tenant, for Tenant and Tenant's successors and assigns, hereby irrevocably constitutes and appoints Landlord shall be entitled to, as Tenant's and shall elect their agent to make a re-entry as hereinbefore provided for, collect the rents due and to become due under all subleases of the Premises or any re-entry or other action so taken shall not be deemed to relieve the Tenant of its parts thereof without in any way affecting Tenant's obligation to pay any unpaid balance of rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue due or to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Leasebecome due hereunder. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises as the agent of the Tenant either by force or otherwise without being liable for any prosecution therefor, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with Notwithstanding any such leasereletting without termination, the Landlord landlord may make at any time thereafter elect to terminate this lease for such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to the Landlord for the deficiency, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunderprevious breach.
Appears in 1 contract
Re-entry. In the event that the Tenant of any re-entry and/or dispossession by summary proceedings or otherwise without termination of this Lease:
IX.6.1 all Rent shall become due and shall be in default of any of its covenants hereunder including the covenant of the Tenant to pay rent or additional rent (after 5 business days prior written notice from the Landlord delivered paid up to the Tenant)time of such re-entry and/or dispossession, the together with such expenses, including attorneys' fees, as Landlord shall incur in connection with such re-entry and/or dispossession by summary proceedings or otherwise; and
IX.6.2 Landlord may at is option either enter into and upon the Demised Premises relet all or any part thereof of the Premises, either in the name of the whole and have againLandlord or otherwise, repossess and enjoy the same as of its former estate and the said Lease shall thereupon terminate for a term or itself take steps and do to or cause to terms which may, at Landlord's option, be done such things as may be necessary to remedy and correct such defaultsequal to, less than, or to re-let greater than the same as agent period which would otherwise have constituted the balance of the Term.
IX.6.3 In connection with such reletting:
IX.6.1.1 Tenant shall pay, as Additional Rent, to Landlord, as they are incurred by Landlord, such reasonable expenses as Landlord may incur in connection with reletting, including, without limitation, legal expenses, attorneys' fees, brokerage commissions, and claim against expenses incurred in altering, repairing, and putting the Premises in good order and condition and in preparing the Premises for reletting;
IX.6.1.2 Tenant shall pay to Landlord, in monthly installments on the due dates for damages suffered. Provided further that Rent payments for each month of the balance of the Term, the amount by which any Rent payment exceeds the net amount, if any, of the rents for such period collected on account of the reletting of the Premises; any suit brought to collect such amount for any month or months shall not prejudice in any way the event that rights of Landlord to collect the deficiency for any subsequent month or months by a similar action or proceeding;
IX.6.1.3 at Landlord's option exercised at any time, Landlord shall be entitled toto recover immediately from Tenant, in addition to any other proper claims, but in lieu of and not in addition to any amount which would thereafter become payable under the preceding subsection, a sum equal to the amount by which the sum of the Rent for the balance of the Lease Term, compound discounted at a reasonable rate selected by Landlord to its then-present worth, exceeds the net rental value of the Premises, compound discounted at the same annual rate to its then-present worth, for the balance of the Lease Term. In determining such net rental value of the Premises, the rent realized by any reletting of the Premises, if such reletting is upon terms (other than rental amounts) generally comparable to the terms of this Lease, shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and be such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premisesnet rental value; and
IX.6.1.4 at Landlord's option, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises as the agent of the Tenant either by force or otherwise without being liable for any prosecution therefor, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes reasonable alterations and/or decorations in or upon the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretionLandlord's sole judgment, shall deem to be objectionable considers advisable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to the Landlord necessary for the deficiency, if any, it being purpose of reletting the intention hereof that nothing herein contained an no entry made by Premises; the Landlord hereunder making of such alterations and/or decorations shall in any way not operate or be construed to release the Tenant from liability under this Section; the payment cost of the rent hereby reserved during the term hereof beyond all such sum reasonable alterations and/or decorations shall be paid by Tenant to Landlord as may be realized by the Landlord by such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunderAdditional Rent.
Appears in 1 contract
Sources: Office Lease (Ibasis Inc)
Re-entry. In If this Lease and the event that the Tenant Term shall be terminate as provided in default of any of its covenants hereunder including the covenant of the Tenant to pay rent or additional rent Article 17:
(after 5 business days prior written notice from the a) Landlord delivered to the Tenant), the Landlord and Landlord’s agents may at is option either any time after the date upon which this Lease shall terminate, re-enter into and upon the Demised Premises or any part thereof thereof, without notice, either by summary proceeding or by any other applicable lawful action or proceeding, and may repossess the Premises and dispossess Tenant and any other persons from the Premises and remove any and all of its or their property and effects from the Premises, and in no event shall re-entry be deemed an acceptance of surrender of this Lease; and
(b) Landlord may relet the whole or any part or parts of the Premises from time to time either in the name of Landlord or otherwise, to such tenant or tenants, for such term or terms ending before, on or after the whole Expiration Date, at such rental or rentals and have againupon such other conditions, repossess which may include concessions and enjoy free rent periods reasonably required under then existing market conditions, as Landlord, in its sole discretion, may reasonably determine, Landlord, at its option, may make such repairs, replacements, alterations, additions, improvements, decorations and other physical changes in and to the same Premises as of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or restore the Premises to re-let the same as agent of the Tenant and claim against the Tenant for damages suffered. Provided further that first class office space in the event that the Landlord shall be entitled to, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises as the agent of the Tenant either by force or otherwise without being liable for any prosecution therefor, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and good condition in connection with any such leasereletting or proposed reletting, without relieving Tenant of any liability under this Lease or otherwise affecting any such liability, Tenant shall be liable for the amount of all expenses reasonably incurred by Landlord may make in connection with such repairs, replacements, alterations, additions, improvements, decorations and other physical changes in made by Landlord to restore the character Premises to good condition first class office space and the costs of such reletting, including without limitation reasonable brokerage (pro-rated to cover the unexpired portion of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; Term) and legal expenses but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious only to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to the extent Landlord for the deficiency, if any, it being the intention hereof that nothing herein contained an no entry made does not recoup such costs by the Landlord hereunder shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunderreletting.
Appears in 1 contract
Sources: Assignment and Assumption of Lease (SpringWorks Therapeutics, Inc.)
Re-entry. In the event that the Tenant shall be in default of any of its covenants hereunder including Default, Landlord shall also have the covenant of right, without demand or notice, without terminating this Lease, to re-enter the Tenant to pay rent or additional rent (after 5 business days prior written notice Premises and remove all persons and property from the Premises, either by summary proceedings or by action at law, without being deemed guilty of trespass and without prejudice to any remedies for nonpayment or late payment of any Rent or breach of any covenant. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. If Landlord delivered elects to re-enter the Tenant)Premises, the Landlord may at is option either enter into and upon the Demised Premises terminate this Lease, or from time to time, without terminating this Lease, may relet all or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to re-let the same Premises as agent of the Tenant and claim against the for Tenant for damages suffered. Provided further that in such term or terms and at such rental and upon such other terms and conditions as Landlord may deem advisable, with the event that the Landlord shall be entitled to, and shall elect right to make a re-entry alterations and repairs to the Premises as hereinbefore provided forLandlord, any in Landlord's reasonable judgment, considers advisable and necessary for the purpose of reletting the Premises. No re-entry or other action so taken taking possession of the Premises by Landlord pursuant to this Section 23.3 shall not be deemed construed as an election to relieve terminate this Lease unless notice of such intention is given to Tenant or unless the Tenant termination thereof is decreed by a court of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the competent jurisdiction. If Landlord is able to terminates this Lease or re-let enters the premisesPremises pursuant to this Article 23, or otherwise deal with the same in such manner that it Tenant shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that remain liable (in addition to all other rights hereby reserved accrued liabilities) for: (i) any unpaid Rent due at the time of termination, plus interest thereon from the due date at the Prime Rate; provided, however, that if such interest is limited by law to ita lesser amount, the Landlord shall be If Landlord terminates this Lease, Landlord shall have the right to re-enter the Demised Premises as the agent of the Tenant either by force or otherwise without being liable for at any prosecution therefortime, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonableat its sole option, to any require Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to the Landlord for the deficiency, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to Landlord on demand, as liquidated and agreed final damages in lieu of Tenant's liability hereunder: (i) the Tenant any surplus or any then present cash value of the Rent, and all other sums received which would have been payable under this Lease from the date of such demand to the date when this Lease would have expired if it had not been terminated, minus (ii) the fair market value of the Premises for the same period; provided, however, that if such damages are limited by the Landlord against the Tenant; and provided that the law to a lesser amount, Landlord shall not be entitled to prove as liquidated damages the maximum amount permitted by law. Landlord shall use commercially reasonable efforts to relet the Premises in any the event be required to pay this Lease is terminated pursuant to the provisions of this Article 23. Tenant, on its own behalf and on behalf of all persons claiming through Tenant, including, but not limited to, all creditors, does hereby waive any and all rights and privileges, so far as is permitted by law, which Tenant and all such persons might otherwise have under any surplus of any sums received by present or future law: (i) to redeem the Landlord on a re-letting of Premises; (ii) to reenter or repossess the Demised Premises in excess of the rent reserved hereunder.Premises;
Appears in 1 contract
Sources: Supplemental Agreement of Lease (Sports Club Co Inc)
Re-entry. In the event that the Tenant shall be in default case of any of its covenants hereunder including such re-entry, expiration and/or dispossess by summary proceedings or otherwise, the covenant of the Tenant to pay rent or additional rent (after 5 business days prior written notice from the Landlord delivered Annual Base Rent shall become due thereupon and be paid up to the Tenant)time of such re-entry, the dispossess and/or expiration, together with such expenses as Landlord may at is option either enter into and upon incur for brokerage, attorneys fees, and/or putting the Demised Premises in good order, or for preparing the same for re-rental. Landlord may relet the Demised Premises or any part thereof or parts thereof, either in the name of Landlord or otherwise, for a term or terms which may at Landlord's option be less than or exceed the whole period which may otherwise have constituted the balance of the term of this Lease and have againmay grant reasonable concessions, repossess or free rent; and enjoy Tenant or the same legal representatives of Tenant shall also pay Landlord as liquidated damages for the failure of its former estate Tenant to observe and the perform said Lease shall thereupon terminate or itself take steps Tenant's covenants herein contained, any deficiency between (i) all Annual Base Rent and do to or cause additional charges hereby reserved and/or covenanted to be done such things as may be necessary to remedy paid; and correct such defaults(ii) the net amount, or to re-let the same as agent if any, of the Tenant and claim against the Tenant for damages suffered. Provided further that in the event that the Landlord shall be entitled to, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises as the agent rents collected on account of the Tenant either by force or otherwise without being liable for any prosecution therefor, and to re-let the whole or any portion Lease of the Demised Premises for any period equal to or greater or less than the remainder each month of the then current period which would otherwise have constituted the balance of the term of this Lease. In computing such liquidated damages, there shall be added to the Tenant and to receive said deficiency such expenses as Landlord may incur in connection with reletting, such as for brokerage, attorneys' fees, advertising, for keeping the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactoryDemised Premises in good order, and for preparing the same for reletting. Any such liquidated damages shall be paid in monthly installments by Tenant on the rent days specified in this Lease and any use and purpose which it may deem appropriate and suit brought to collect the amount of the deficiency for any month shall not prejudice in connection with any such leaseway the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord, the Landlord in its discretion, may make such changes alterations, divisions, repairs, replacements, and/or decorations in the character of the improvements of the Demised Premises as may be necessary for the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to of reletting the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant making of such alterations and/or decorations shall remain liable not operate or be construed to the Landlord for the deficiency, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum liability hereunder as may be realized by the Landlord by such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the aforesaid. Landlord shall not be liable for failure to relet the Demised Premises. The words "re-enter" or "re-entry" as used in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord this Lease shall not in any event be required restricted to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereundertheir technical legal meaning.
Appears in 1 contract
Re-entry. In Upon the event that the Tenant shall be in default occurrence of any an Event of its covenants hereunder including the covenant of the Tenant to pay rent or additional rent (after 5 business days prior written notice from the Landlord delivered to the Tenant)Default, the Landlord may at is option either enter into and upon the Demised Premises or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Tenant and claim against the Tenant for damages suffered. Provided further that in the event that the Landlord shall be entitled to, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to immediately re-enter the Demised Premises as the agent of the Tenant either Property by force summary proceedings, or otherwise by force, or otherwise, without being liable for any prosecution therefor; interrupt or cause interruption of utility services to the Property, prevent Tenant from entering the Property, take possession of the Property and remove all persons therefrom; alter all locks and other security devices on the Property without terminating this Lease; and may elect either to terminate this Lease or relet the Property as agent for Tenant or otherwise, and receive the Rent therefor, applying the same to Tenant’s obligations. Upon the re-let entering of the whole Property, Landlord may remove all or any portion part of the Demised Premises for any period equal personal property of Tenant remaining on the Property and store the same at Tenant’s expense. If said personal property remaining on the Property is not claimed by Tenant within ten (10) days after such entry, such property may, at the option of Landlord, be deemed to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactoryhave been abandoned, and for any use and purpose which it in such case, such items may deem appropriate and in connection with any such lease, the be retained by Landlord may make such changes in the character as its property or be disposed of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the by Landlord, in Landlord’s sole and absolute discretion and without accountability, at Tenant’s expense. Tenant shall be obligated to return all keys and access devices to the Property to Landlord upon Landlord’s re-entering of the Property. No alteration of locks or other security devices and no removal or other exercise of reasonable discretiondominion by Landlord over the property of Tenant or others at the Property shall be deemed unauthorized or constitute a conversion, shall deem to be objectionable and to apply Tenant hereby consenting, after any rent derived from so re-letting the Demised Premises upon account Event of the rent due hereunderDefault, and the Tenant shall remain liable to the Landlord for aforesaid exercise of dominion over Tenant’s property within the deficiency, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such reProperty. ALL CLAIMS FOR DAMAGES BY REASON OF SUCH RE-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunderENTRY AND/OR REPOSSESSION AND/OR ALTERATIONS OF LOCKS OR OTHER SECURITY DEVICES ARE HEREBY WAIVED.
Appears in 1 contract
Re-entry. In To the event that the Tenant shall be in default of greatest extent allowed by applicable law, Landlord or Landlord’s agents and employees may immediately or at any of its covenants hereunder including the covenant of the Tenant to pay rent or additional rent (after 5 business days prior written notice from the Landlord delivered to the Tenant), the Landlord may at is option either enter into and upon the Demised Premises or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Tenant and claim against the Tenant for damages suffered. Provided further that in the event that the Landlord shall be entitled to, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises as the agent of the Tenant either by force or otherwise without being liable for any prosecution therefor, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or any part thereof, peaceably but using such reasonable force as may be required, and without judicial process, or by any suitable action or proceeding at law, and may repossess the Premises, and may remove any persons, fixtures or chattels therefrom, to the end that Landlord may have, hold and enjoy the Premises. In the event of any such retaking of possession of Premises by Landlord, Tenant shall remove all personal property located thereon and upon failure to do so upon demand of Landlord, Landlord may in addition to any Tenant which other remedies allowed by law, remove and store the same in any place selected by Landlord, in including but not limited to a public warehouse, at the exercise expense and risk of reasonable discretionTenant. If Tenant shall fail to pay all sums due hereunder together with the cost of storing any such property within thirty (30) days after it has been stored, Landlord may sell any or all of such property at public or private sale and shall deem apply the proceeds of such sale first, to be objectionable and the cost of such sale; second, to apply any rent derived from so re-letting the Demised Premises upon account payment of the rent charges and expenses for reentry, removal and storage; third, to the payment of any other sums of money that may be due hereunder, from Tenant to Landlord under the terms of this Lease; and the Tenant shall remain liable to the Landlord for the deficiencybalance, if any, it being the intention hereof to Tenant. Tenant hereby waives all claims for damages that nothing herein contained an no entry made may be caused by the Landlord hereunder shall in any way release the Tenant from the payment Landlord’s re-entering and taking possession of the rent hereby reserved during Premises or removing and storing or selling the term hereof beyond such sum property of Tenant as may be realized by the herein provided, and will indemnify, defend and save Landlord by harmless from loss, costs or damages to Tenant occasioned thereby, and no such re-letting entry shall be considered or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event construed to be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a reforcible entry. RE-letting of the Demised Premises in excess of the rent reserved hereunderENTRY OR TAKING POSSESSION OF SAID PREMISES BY LANDLORD SHALL NOT BE CONSTRUED AS AN ELECTION ON ITS PART TO TERMINATE THIS LEASE UNLESS A WRITTEN NOTICE OF SUCH INTENTION IS GIVEN TO TENANT.
Appears in 1 contract
Re-entry. In PROVISION FOR RE-ENTRY by the event that the Tenant shall be in default said Lessor on non-payment of any net rent for a period of its covenants hereunder including the covenant of the Tenant to pay rent or additional rent Seven (after 5 7) business days prior and for any other rent for fifteen (15) business days or non-performance of covenant for fifteen (15) days or such longer period as is reasonably required to cure such default after written notice from the Landlord delivered to Lessor. The above powers may be exercised whether legal demand for the Tenant)rent has been made of not. Provided, further, that upon such re-entry by the Lessor under the terms of this paragraph, or any other provision or provisions of this lease, the Landlord may landlord may, in addition to any other remedies to which the Lessor my be entitled, at is option either enter into its option, at any time and upon from time to time relet the Demised Premises demised premises or any part or parts thereof in for the name account of the whole Lessee or otherwise and have againreceive and collect the rents thereof, repossess and enjoy applying the same first to the payment of such expenses as the Lessor may have incurred in recovering possession of its former estate the demised premises including the legal expenses and solicitors' fees and for putting the said Lease shall thereupon terminate same into good order or itself take steps condition or preparing or altering the same for re-rental and do all other expenses, commissions and charges paid, assumed or incurred by the Lessor in or about re-letting the premises and then to or cause to be done the fulfilment of the covenants of the tenant hereunder. Any such things as re-letting herein provided for may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Tenant and claim against the Tenant for damages suffered. Provided further that in the event that the Landlord shall be entitled to, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises as the agent of the Tenant either by force or otherwise without being liable for any prosecution therefor, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term as originally granted or for a longer or shorter period. In any such case, and whether or not the demised premises or any part hereof be re-let, the Tenant shall pay to the Lessor the rental hereby reserved and all other sums required to be paid by the Tenant up to the time of the termination of this lease or of recovery of possession of the demised premises by the Lessor, as the case may be, and thereafter the Lessee covenants and agrees, if required by the Lessor, to pay to the Lessor until the end of the term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such this lease, the Landlord may make such changes in the character equivalent of the improvements amount of all the Demised Premises as the Landlord may determined rental hereby reserved and all other sums required to be appropriate paid by the Lessee hereunder, less the net avails or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to the Landlord for the deficiencyletting, if any, it being and the intention hereof that nothing herein contained an no entry made same shall be due and payable by the Landlord hereunder shall in any way release Lessee to the Tenant from Lessor on the days herein provided for rental, that is to say upon each of the days herein provided for the payment of rental, the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord Lessee shall not in any event be required to pay to the Tenant any surplus or any sums received by Lessor the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting amount of the Demised Premises in excess of the rent reserved hereunderdeficiency then existing.
Appears in 1 contract
Re-entry. In the event that the Tenant shall be in default of Landlord or Landlord’s agents and employees may immediately or at any of its covenants hereunder including the covenant of the Tenant to pay rent or additional rent (after 5 business days prior written notice from the Landlord delivered to the Tenant), the Landlord may at is option either enter into and upon the Demised Premises or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Tenant and claim against the Tenant for damages suffered. Provided further that in the event that the Landlord shall be entitled to, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises as the agent of the Tenant either by force or otherwise without being liable for any prosecution therefor, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or any part thereof, peaceably but using such reasonable force as may be required, and without judicial process, or by any suitable action or proceeding at law, and may repossess the Premises, and may remove any persons, fixtures or chattels therefrom, to the end that Landlord may have, hold and enjoy the Premises. In the event of any such retaking of possession of Premises by Landlord, Tenant shall remove all personal property located thereon and upon failure to do so upon demand of Landlord, Landlord may in addition to any Tenant which other remedies allowed by law, remove and store the same in any place selected by Landlord, in including but not limited to a public warehouse, at the exercise expense and risk of reasonable discretionTenant. If Tenant shall fail to pay all sums due hereunder together with the cost of storing any such property within thirty (30) days after it has been stored, Landlord may sell any or all of such property at public or private sale and shall deem apply the proceeds of such sale first, to be objectionable and the cost of such sale; second, to apply any rent derived from so re-letting the Demised Premises upon account payment of the rent charges and expenses for reentry, removal and storage; third, to the payment of any other sums of money that may be due hereunder, from Tenant to Landlord under the terms of this Lease; and the Tenant shall remain liable to the Landlord for the deficiencybalance, if any, it being the intention hereof to Tenant. Tenant hereby waives all claims for damages that nothing herein contained an no entry made by the Landlord hereunder shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized caused by Landlord’s re-entering and taking possession of Premises or removing and storing or selling the property of Tenant as herein provided, and will indemnify, defend and save Landlord by harmless from loss, costs or damages to Tenant occasioned hereby, and no such re-letting entry shall be considered or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event construed to be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a reforcible entry. RE-letting of the Demised Premises in excess of the rent reserved hereunderENTRY OR TAKING POSSESSION OF SAID PREMISES BY LANDLORD SHALL NOT BE CONSTRUED AS AN ELECTION ON ITS PART TO TERMINATE THIS LEASE UNLESS A WRITTEN NOTICE OF SUCH INTENTION IS GIVEN TO TENANT.
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Re-entry. In To the event that the Tenant shall be in default of greatest extent allowed by applicable law, Landlord or Landlord’s agents and employees may immediately or at any of its covenants hereunder including the covenant of the Tenant to pay rent or additional rent (after 5 business days prior written notice from the Landlord delivered to the Tenant), the Landlord may at is option either enter into and upon the Demised Premises or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Tenant and claim against the Tenant for damages suffered. Provided further that in the event that the Landlord shall be entitled to, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises as the agent of the Tenant either by force or otherwise without being liable for any prosecution therefor, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or any part thereof, peaceably but using such reasonable force as may be required, and without judicial process, or by any suitable action or proceeding at law, and may repossess the Premises, and may remove any persons, fixtures or chattels therefrom, to the end that Landlord may have, hold and enjoy the Premises. In the event of any such retaking of possession of Premises by Landlord, Tenant shall remove all personal property located thereon and upon failure to do so upon demand of Landlord, Landlord may in addition to any Tenant which other remedies allowed by law, remove and store the same in any place selected by Landlord, in including but not limited to a public warehouse, at the exercise expense and risk of reasonable discretionTenant. If Tenant shall fail to pay all sums due hereunder together with the cost of storing any such property within thirty (30) days after it has been stored, Landlord may sell any or all of such property at public or private sale and shall deem apply the proceeds of such sale first, to be objectionable and the cost of such sale; second, to apply any rent derived from so re-letting the Demised Premises upon account payment of the rent charges and expenses for reentry, removal and storage; third, to the payment of any other sums of money that may be due hereunder, from Tenant to Landlord under the terms of this Lease; and the Tenant shall remain liable to the Landlord for the deficiencybalance, if any, it being the intention hereof to Tenant. Tenant hereby waives all claims for damages that nothing herein contained an no entry made may be caused by the Landlord hereunder shall in any way release the Tenant from the payment Landlord’s re-entering and taking possession of the rent hereby reserved during Premises or removing and storing or selling the term hereof beyond property of Tenant as herein provided, and will indemnity, defend and save Landlord harmless from loss, costs or damages to Tenant occasioned thereby, and no such sum as may reentry shall be realized by the Landlord by such reconsidered or construed to be a forcible entry. RE-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunderENTRY OR TAKING POSSESSION OF SAID PREMISES BY LANDLORD SHALL NOT BE CONSTRUED AS AN ELECTION ON ITS PART TO TERMINATE THIS LEASE UNLESS A WRITTEN NOTICE OF SUCH INTENTION IS GIVEN TO TENANT.
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Re-entry. In To re-enter the event that Premises and remove all persons and all or any property therefrom, either by summary dispossessory proceedings, ejectment or by any suitable action or proceeding at law, without being liable to indictment, prosecution or damages therefore, except for the Tenant shall be in default of any of its covenants hereunder including the covenant negligent, willful or wanton acts or omissions of the Tenant Landlord, its agents, employees, representatives, licensees or invitees, and repossess and enjoy the Premises, together with all additions, alterations and improvements. Upon recovering possession of the Premises by reason of or based upon or arising out of a material default on the part of Tenant, Landlord may, at Landlord's option, either terminate this Lease or make such alterations and repairs as may be necessary in order to pay rent or additional rent (after 5 business days prior written notice from the Landlord delivered to the Tenant)relet, and may relet, the Landlord may at is option either enter into and upon the Demised Premises or any part thereof in or parts thereof, without notice to Tenant, for a term or terms which may at Landlord's option be less than or exceed the name period which would otherwise have instituted the balance of the whole Term of this Lease and have againat such rent or rents and upon such other terms and conditions as in Landlord's sole and absolute discretion may seem advisable but within the then fair rentable value of the Premises and to such person or persons as may in Landlord's discretion seem best; upon each such reletting all rents received by Landlord from such reletting shall be applied: first, repossess to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord; second, to the payment of any costs and enjoy expenses of such reletting, including reasonable brokerage fees and reasonable attorney's fees and all costs of such alterations and repairs; third, to the same as payment of its former estate rent due and unpaid hereunder; and the said Lease residue, if any, shall thereupon terminate or itself take steps be held by Landlord and do to or cause applied in payment of future rent as it may become due and payable hereunder. If such rentals received from such reletting during any month shall be less than that to be done paid during that month by Tenant hereunder, Tenant shall pay any such things as may deficiency to Landlord. Such deficiency shall be necessary to remedy calculated and correct paid monthly. No such defaults, or to re-let the same as agent entry or taking possession of the Tenant and claim against Premises or the Tenant making of alternations and/or improvements thereto or the reletting thereof shall be construed as an election on the part of Landlord to terminate this Lease unless written notice of such intention be given to Tenant. Landlord shall in no event be liable in any way whatsoever for damages suffered. Provided further that failure after diligent attempts to relet the Premises or, in the event that the Premises or any part or parts thereof are relet, for failure to collect the rent after reasonable efforts to collect such rent thereof under such reletting. Tenant, for Tenant and Tenant's successors and assigns, hereby irrevocably constitutes and appoints Landlord shall be entitled to, as Tenant's agent to collect the rents due and shall elect to make a re-entry as hereinbefore provided for, become due under all subleases of the Premises or any re-entry or other action so taken shall not be deemed to relieve the Tenant of its parts thereof without in any way affecting Tenant's obligation to pay any unpaid balance of rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue due or to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Leasebecome due hereunder. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises as the agent of the Tenant either by force or otherwise without being liable for any prosecution therefor, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with Notwithstanding any such leasereletting without termination, the Landlord may make at any time thereafter elect to terminate this Lease for such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to the Landlord for the deficiency, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunderprevious breach.
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Re-entry. In the event that the Tenant shall be in default of any of its covenants hereunder including Default, Landlord shall also have the covenant of right, without demand or notice, without terminating this Lease, to re-enter the Tenant to pay rent or additional rent (after 5 business days prior written notice Premises and remove all persons and property from the Premises, either by summary proceedings or by action at law, without being deemed guilty of trespass and without prejudice to any remedies for nonpayment or late payment of any Rent or breach of any covenant. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. If Landlord delivered elects to re-enter the Tenant)Premises, the Landlord may at is option either enter into and upon the Demised Premises terminate this Lease, or from time to time, without terminating this Lease, may relet all or any part thereof in the name of the whole Premises as agent for Tenant for such term or terms and have againat such rental and upon such other terms and conditions as Landlord may deem advisable, repossess with the right to make alterations and enjoy repairs to the same Premises as Landlord, in Landlord's reasonable judgment, considers advisable and necessary for the purpose of its former estate and reletting the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to Premises. No re-let the same as agent entry or taking possession of the Premises by Landlord pursuant to this Section 23.3 shall be construed as an election to terminate this Lease unless notice of such intention is given to Tenant and claim against or unless the termination thereof is decreed by a court of competent jurisdiction. If Landlord terminates this Lease or re-enters the Premises pursuant to this Article 23, Tenant for damages suffered. Provided further shall remain liable (in addition to accrued liabilities) for: (i) any unpaid Rent due at the time of termination, plus interest thereon from the due date at the Prime Rate; provided, however, that in the event that the if such interest is limited by law to a lesser amount, Landlord shall be entitled to the maximum amount of interest permitted by law, (ii) subject to clause (v) of this paragraph, Rent until the date this Lease would have expired had such termination not occurred; (iii) any and all reasonable expenses (including all reasonable attorneys' fees, costs and brokerage fees) incurred by Landlord in re-entering and repossessing the Premises, in making good any Default by Tenant, in protecting and preserving the Premises by use of watchmen and caretakers and in reletting the Premises (subject to the provisions of the immediately preceding paragraph and provided that Tenant shall not be liable for any expenses incurred by Landlord with respect to alterations which are not consistent with the use of the Premises as an athletic club and/or a use(s) complementary to an athletic club); and (iv) any other amount reasonably necessary to compensate Landlord for any other detriment actually caused Landlord by Tenant's failure to perform its obligations under this Lease, less (v) the net proceeds received by Landlord from any reletting prior to the date this Lease would have expired if it had not been terminated. Tenant agrees to pay to Landlord the amount so owned above for each month during the Term, at the beginning of each such month. Any suit brought by Landlord to enforce collection of such amount for any one month shall not prejudice Landlord's right to enforce the collection of any such amount for any subsequent month. In addition to the foregoing, and without regard to whether this Lease has been terminated, Tenant shall pay to Landlord all costs incurred by Landlord, including reasonable legal fees and costs, with respect to any lawsuit or action instituted or taken by Landlord to enforce the provisions of this Lease. Tenant's liability shall survive the institution of summary proceedings and the issuance of a warrant or writ thereunder. If Landlord terminates this Lease, Landlord shall have the right at any time, at its sole option, to require Tenant to pay to Landlord on demand, as liquidated and agreed final damages in lieu of Tenant's liability hereunder: (i) the then present cash value of the Rent, and all other sums which would have been payable under this Lease from the date of such demand to the date when this Lease would have expired if it had not been terminated, minus (ii) the fair market value of the Premises for the same period; provided, however, that if such damages are limited by law to a lesser amount, Landlord shall be entitled to prove as liquidated damages the maximum amount permitted by law. Landlord shall use commercially reasonable efforts to relet the Premises in the event this Lease is terminated pursuant to the provisions of this Article 23. Tenant, on its own behalf and on behalf of all persons claiming through Tenant, including, but not limited to, all creditors, does hereby waive any and shall elect all rights and privileges, so far as is permitted by law, which Tenant and all such persons might otherwise have under any present or future law: (i) to make a re-entry as hereinbefore provided forredeem the Premises; (ii) to reenter or repossess the Premises; (iii) to restore the operation of this Lease, with respect to any dispossession of Tenant by judgment, warrant or writ of any court or judge, or any re-entry by Landlord, any expiration or other action so taken termination of this Lease, whether such dispossession, re-entry, expiration or termination of this Lease shall be by operation of law or pursuant to the provisions of this Lease; or (iv) to the service of any notice of intention to re-enter or notice to quit which may otherwise be required to be given. The words "disposition," "re-enter", and "re-elected" as used in this Lease shall not be deemed to relieve be restricted to their technical meanings. In the event of any breach or threatened breach by Tenant or any persons claiming through Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent any of the provisions contained in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition , Landlord shall be entitled to all other rights hereby reserved to it, the Landlord enjoin such breach or threatened breach and shall have the right to re-enter the Demised Premises as the agent of the Tenant either by force invoke any right or otherwise without being liable for any prosecution thereforremedy allowed at law, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premisesequity, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to the Landlord for the deficiency, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunderotherwise.
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Re-entry. In Upon the event that the Tenant shall be in default occurrence of any an Event of its covenants hereunder including the covenant of the Tenant to pay rent or additional rent (after 5 business days prior written notice from the Landlord delivered to the Tenant)Default, the Landlord may at is option either enter into and upon the Demised Premises or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Tenant and claim against the Tenant for damages suffered. Provided further that in the event that the Landlord shall be entitled to, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to immediately re-enter the Demised Premises as the agent of the Tenant either by force summary proceedings, or otherwise by force, or otherwise, without being liable for any prosecution therefor; take possession of the Premises and remove all persons therefrom; alter all locks and other security devices on the Premises without terminating this Lease; and may elect either to terminate this Lease or relet the premises as agent for Tenant or otherwise, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, applying the same to Tenant’s obligations. Upon the re-entering of the Premises, Landlord may remove all or any part of the personal property of Tenant remaining on the Premises and store the same at Tenant’s expense, provided said rent removal shall be completed in compliance with US Privacy Laws and all other applicable laws. If said personal property remaining on the Premises is not claimed by Tenant within ten (10) days after such entry, such property may at the option of Landlord, be deemed to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactoryhave been abandoned, and for any use in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole discretion, and purpose which it may deem appropriate and in connection with any such leasewithout accountability, the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Leaseat Tenant’s expense; but provided, however, in no event may Landlord retain or sell property on the Premises that is owned by the United States government or another third party. Tenant shall be obligated to return all keys and access devices to the Premises to Landlord be under any obligation to upon Landlord’s re-let entering of the Demised Premises. No alteration of locks or other security devices and no removal or other exercise of dominion by Landlord over the property of Tenant or others at the Premises in whole shall be deemed unauthorized or in part for constitute a conversion, Tenant hereby consenting, after any purpose which the Landlord may regard as injurious Event of Default, to the Demised Premises, or to any Tenant which the Landlord, in the aforesaid exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so redominion over Tenant’s property within the Premises. ALL CLAIMS FOR DAMAGES BY REASON OF SUCH RE-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to the Landlord for the deficiency, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunderENTRY AND/OR REPOSSESSION AND/OR ALTERATIONS OF LOCKS OR OTHER SECURITY DEVICES ARE HEREBY WAIVED.
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Re-entry. In the event that the Tenant shall be in default of any Default by Tenant, Landlord shall also have the right, with or without terminating this Lease, in compliance with applicable law, to re-enter the Premises and remove all persons and property from the Premises; such property may be removed and stored in a public warehouse or elsewhere at the cost of its covenants hereunder including and for the covenant account of Tenant. Reletting. In the event of the abandonment of the Premises by Tenant or in the event that Landlord shall elect to pay rent re-enter as provided in Paragraph 26(c) or additional rent shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in ▇▇▇▇▇▇▇▇▇ ▇▇(after 5 business days prior written notice from the Landlord delivered to the Tenant▇), ▇▇▇▇▇▇▇▇ may from time to time, without terminating this Lease, relet the Landlord may at is option either enter into and upon the Demised Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord's sole discretion. In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the name following order: (i) to reasonable attorneys' fees incurred by Landlord as a result of the whole a Default and have again, repossess and enjoy the same as of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Tenant and claim against the Tenant for damages suffered. Provided further that costs in the event that suit is filed by Landlord to enforce such remedies; (ii) to the Landlord shall be entitled to, and shall elect payment of any indebtedness other than Rent due hereunder from Tenant to make a re-entry as hereinbefore provided for, Landlord; (iii) to the payment of any re-entry or other action so taken shall not be deemed costs of such reletting; (iv) to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises as the agent payment of the Tenant either by force or otherwise without being liable for costs of any prosecution therefor, alterations and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious repairs to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable ; (v) to the Landlord for payment of Rent due and unpaid hereunder; and (vi) the deficiencyresidue, if any, it being shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the intention hereof same may become due and payable hereunder. Should that nothing herein contained an no entry made by the Landlord hereunder shall in portion of such rentals received from such reletting during any way release the Tenant from month, which is applied to the payment of Rent hereunder, be less than the rent hereby reserved Rent payable during the term hereof beyond month by Tenant hereunder, then Tenant shall pay such sum deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as may be realized soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the Landlord by rentals received from such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunderreletting.
Appears in 1 contract
Sources: Lease Agreement (Cepheid)
Re-entry. In the event that the Tenant shall be in default case of any of its covenants hereunder including such re-entry, expiration and/or dispossess by summary proceedings or otherwise, the covenant of the Tenant to pay rent or additional rent (after 5 business days prior written notice from the Landlord delivered shall become due thereupon and be paid up to the Tenant)time of such re-entry, the Landlord dispossess, and/or expiration, together with such expenses as LANDLORD may at is option either enter into and upon incur for brokerage and/or putting the Demised Premises in good order, or for preparing the same for re-rental. LANDLORD may relet the premises or any part thereof or parts thereof, either in the name of LANDLORD or otherwise, for a term or terms which may at LANDLORD’s option be less than or exceed the whole period which may otherwise have constituted the balance of the term of this Lease and have againmay grant reasonable concessions, repossess or free rent; and enjoy the same as of its former estate TENANT shall also pay LANDLORD any deficiency between (1) all rent and the said Lease shall thereupon terminate or itself take steps and do to or cause additional charges hereby reserved and/or covenanted to be done such things as may be necessary to remedy paid; and correct such defaults(2) the net amount, or to re-let the same as agent if any, of the Tenant and claim against the Tenant for damages suffered. Provided further that in the event that the Landlord shall be entitled to, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises as the agent rents collected on account of the Tenant either by force or otherwise without being liable for any prosecution therefor, and to re-let the whole or any portion leasing of the Demised Premises for any period equal to or greater or less than the remainder each month of the then current period which would otherwise have constituted the balance for the term of this Lease. In computing amount, there shall be added to the Tenant and to receive deficiency such expenses as LANDLORD may incur in connection with reletting, such as for brokerage, for keeping the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactoryDemised Premises in good order, and for preparing the same for reletting. Any such amount shall be paid in monthly installments by TENANT on the rent days specified in this Lease and any use and purpose which it may deem appropriate and suit brought to collect the amount of the deficiency for any month shall not prejudice in connection with any such leaseway the rights of LANDLORD to collect the deficiency for any subsequent month by a similar proceeding. LANDLORD, the Landlord in its discretion, may make such changes alterations, repairs, replacements, and/or decorations in the character Demised Premises as may be necessary for the purpose of reletting the improvements Demised Premises; and the making of such alterations and/or decorations shall not operate or be construed to release TENANT from liability hereunder as aforesaid. Provided LANDLORD has used commercially reasonable efforts to mitigate its damages and has used commercially reasonable efforts to relet the Demised Premises, LANDLORD shall not be liable for failure to relet the Demised Premises. In addition to the foregoing remedies described in this and preceding paragraphs, in the event TENANT shall file a voluntary petition in bankruptcy or take the benefit of any insolvency act or be dissolved or adjudicated as bankrupt, or if a receiver shall be appointed for its business or its assets and the appointment of such receiver is not vacated within sixty (60) days after such appointment, or if TENANT shall make an assignment for the benefit of its creditors, or if TENANT’s interest herein shall be sold under execution, then and forthwith thereafter LANDLORD shall have the right, at its option and without prejudice to its rights hereunder, to terminate this Lease and to re-enter and take possession of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and/or declare immediately due and to apply any rent derived from so re-letting the Demised Premises upon account payable all of the rent due hereunderamounts as described above in this Article 31, and the Tenant which shall remain liable to the Landlord for the deficiency, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder shall constitute a debt provable in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting bankruptcy or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunderreceivership.
Appears in 1 contract
Sources: Lease (Durata Therapeutics, Inc.)
Re-entry. In the event that the Tenant shall be in default of any of its covenants hereunder including Default, Landlord shall also have the covenant of right, without demand or notice, without terminating this Lease, to re-enter the Tenant to pay rent or additional rent (after 5 business days prior written notice Premises and remove all persons and property from the Premises, either by summary proceedings or by action at law, without being deemed guilty of trespass and without prejudice to any remedies for nonpayment or late payment of any Rent or breach of any covenant. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. If Landlord delivered elects to re-enter the Tenant)Premises, the Landlord may at is option either enter into and upon the Demised Premises terminate this Lease, or from time to time, without terminating this Lease, may relet all or any part thereof in the name of the whole Premises as agent for Tenant for such term or terms and have againat such rental and upon such other terms and conditions as Landlord may deem advisable, repossess with the right to make alterations and enjoy repairs to the same Premises as Landlord, in Landlord's reasonable judgment, considers advisable and necessary for the purpose of its former estate and reletting the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to Premises. No re-let the same as agent entry or taking possession of the Premises by Landlord pursuant to this Section 23.3 shall be construed as an election to terminate this Lease unless notice of such intention is given to Tenant and claim against or unless the termination thereof is decreed by a court of competent jurisdiction. If Landlord terminates this Lease or re-enters the Premises pursuant to this Article 23, Tenant for damages suffered. Provided further shall remain liable (in addition to accrued liabilities) for: (i) any unpaid Rent due at the time of termination, plus interest thereon from the due date at the Prime Rate; provided, however, that in the event that the if such interest is limited by law to a lesser amount, Landlord shall be entitled to the maximum amount of interest permitted by law, (ii) subject to clause (v) of this paragraph, Rent until the date this Lease would have expired had such termination not occurred; (iii) any and all reasonable expenses (including all reasonable attorneys' fees, costs and brokerage fees) incurred by Landlord in re-entering and repossessing the Premises, in making good any Default by Tenant, in protecting and preserving the Premises by 8 use of watchmen and caretakers and in reletting the Premises (subject to the provisions of the immediately preceding paragraph and provided that Tenant shall not be liable for any expenses incurred by Landlord with respect to alterations which are not consistent with the use of the Premises as an athletic club and/or a use(s) complementary to an athletic club); and (iv) any other amount reasonably necessary to compensate Landlord for any other detriment actually caused Landlord by Tenant's failure to perform its obligations under this Lease, less (v) the net proceeds received by Landlord from any reletting prior to the date this Lease would have expired if it had not been terminated. Tenant agrees to pay to Landlord the amount so owed above for each month during the Term, at the beginning of each such month. Any suit brought by Landlord to enforce collection of such amount for any one month shall not prejudice Landlord's right to enforce the collection of any such amount for any subsequent month. In addition to the foregoing, and without regard to whether this Lease has been terminated, Tenant shall pay to Landlord all costs incurred by Landlord, including reasonable legal fees and costs, with respect to any lawsuit or action instituted or taken by Landlord to enforce the provisions of this Lease. Tenant's liability shall survive the institution of summary proceedings and the issuance of a warrant or writ thereunder. If Landlord terminates this Lease, Landlord shall have the right at any time, at its sole option, to require Tenant to pay to Landlord on demand, as liquidated and agreed final damages in lieu of Tenant's liability hereunder: (i) the then present cash value of the Rent, and all other sums which would have been payable under 9 this Lease from the date of such demand to the date when this Lease would have expired if it had not been terminated, minus (ii) the fair market value of the Premises for the same period; provided, however, that if such damages are limited by law to a lesser amount, Landlord shall be entitled to prove as liquidated damages the maximum amount permitted by law. Landlord shall use commercially reasonable efforts to relet the Premises in the event this Lease is terminated pursuant to the provisions of this Article 23. Tenant, on its own behalf and on behalf of all persons claiming through Tenant, including, but not limited to, all creditors, does hereby waive any and shall elect all rights and privileges, so far as is permitted by law, which Tenant and all such persons might otherwise have under any present or future law: (i) to make a re-entry as hereinbefore provided forredeem the Premises; (ii) to reenter or repossess the Premises; (iii) to restore the operation of this Lease, with respect to any dispossession of Tenant by judgment, warrant or writ of any court or judge, or any re-entry by Landlord, any expiration or other action so taken termination of this Lease, whether such dispossession, re-entry, expiration or termination of this Lease shall be by operation of law or pursuant to the provisions of this Lease; or (iv) to the service of any notice of intention to re-enter or notice to quit which may otherwise be required to be given. The words "disposition," "re-enter", and "re-elected" as used in this Lease shall not be deemed to relieve be restricted to their technical meanings. In the event of any breach or threatened breach by Tenant or any persons claiming through Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent any of the provisions contained in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises as the agent of the Tenant either by force or otherwise without being liable for any prosecution therefor, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to the Landlord for the deficiency, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunder.125
Appears in 1 contract
Sources: First Supplemental Agreement of Lease (Sports Club Co Inc)
Re-entry. In The Tenant further covenants and agrees with the event Landlord that the Tenant shall be in default case of non-payment of any rent at the times as herein provided, or the non-performance of its covenants hereunder including the any covenant of the Tenant to pay rent or additional rent (after 5 business days prior written notice from the Landlord delivered to by the Tenant), the Landlord may at is option either enter into and upon or in case the Demised Premises or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Tenant and claim against the Tenant for damages suffered. Provided further that in the event that the Landlord shall be entitled todeserted or vacated for over thirty (30) days, and shall elect to make a re-entry as hereinbefore provided forthe Landlord, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises same as the agent of the Tenant either by force or otherwise otherwise, without being liable for any prosecution therefor, therefor and to re-let the whole or any portion of the Demised Premises Premises, for any period equal to or greater or less than then the remainder of the then current term as agent of the Tenant Tenant, and to receive the rent therefor, said rent to be any sum which it may deem the Landlord deems reasonable, to any Tenant which it the Landlord may deem suitable and satisfactory, and for any use and purpose which it the Landlord may deem appropriate appropriate, and in connection with any such lease, Lease the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined determine to be appropriate or helpful in effecting such Lease; but . However, in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable objectionable, and as the agent of the Tenant to take possession of any furniture or other property on the Demised Premises and to sell the same at public or private sale without notice and to apply the proceeds of such sale and any rent derived from so re-letting the Demised Premises Premises, upon account of the rent due hereunderunder these presents, and the Tenant shall remain liable to the Landlord for the deficiency, if any, it being the intention hereof of this Lease that nothing herein in this Lease contained an and no entry made by the Landlord hereunder landlord hereunder, shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such the re-letting or by the proceeds and sale of any distress made by the Landlord against the Tenant; and provided that the furniture hereinbefore allowed. The Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not not, in any event be required to pay to the Tenant any surplus of any sums received by the Landlord landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunderin this Lease.
Appears in 1 contract
Sources: Lease Agreement (MORTGAGEBROKERS.COM Holdings, Inc.)
Re-entry. In the event that the 8.1.1 The Tenant shall will be in default under the Lease if, during the Term:
(a) the Tenant fails to pay the Gross Rent or any other sum payable under the Lease within seven (7) days after the due date (whether or not formally demanded);. or
(b) the Tenant fails to comply with its obligations under the Lease (other than payment of Gross Rent and any other sum payable under the Lease) and (where the breach is capable of its covenants hereunder including remedy) fails to make good the covenant default within fourteen (14) days (or any other period stipulated by the Landlord) of the Tenant Landlord’s notice ; or
(c) any distress or execution is levied on the Tenant’s property and is not discharged within seven (7) days; or
(d) an event of insolvency occurs or is likely to pay rent or additional rent (after 5 business days prior written notice from the Landlord delivered occur in relation to the Tenant).
8.1.2 In any of the above events, the Landlord may at is option either re-enter into and upon take possession of the Demised Premises (or any part thereof in of it) at any time (even if any previous right of re-entry has been waived) and to repossess the name Premises and the Term and the Lease shall absolutely cease and determine.
8.1.3 The exercise of the whole and have again, repossess and enjoy the same as Landlord of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to right of re-let the same as agent entry will not affect any rights of the Tenant and claim Landlord against the Tenant for damages suffered. Provided further that (including rights in respect of the event that default under which the Landlord shall be entitled to, and shall elect to make a re-entry as hereinbefore provided foris made).
8.1.4 The Tenant must indemnify the Landlord from and against all cost, any re-entry or other action so taken shall not be deemed to relieve loss, damages and expenses (including, without limitation, Gross Rent for the Rent Free Period and loss of Gross Rent which would have been payable by the Tenant of its obligation to pay rent if the Term had been completed and other monies payable as rent hereunder all costs and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises as the agent of the Tenant either by force or otherwise without being liable expenses incurred for any prosecution therefor, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to the Landlord for the deficiency, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or attempted re-letting of the Premises), suffered by the proceeds Landlord as a result of any distress made by the Landlord exercising its right of re-entry. This indemnity will not affect the other rights and remedies of the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunder.
Appears in 1 contract
Sources: Lease Agreement (Fluidigm Corp)
Re-entry. In 14.01 Proviso for re-entry by the event that Landlord on non-payment of rent or non-performance of covenants.
14.02 Notwithstanding any statutory provision to the contrary, if the Tenant shall be in default of fail to comply with any of its covenants hereunder herein contained including the covenant to pay Minimum Rent and any additional rent due pursuant to this Lease, the Landlord may give to the Tenant not less than five (5) days written notice requiring such default to be remedied and if such default is not remedied by the Tenant within the aforesaid five (5) day period, then and in any such case, the Landlord shall be entitled to proceed against the Tenant pursuant to Paragraph 14.03 herein.
14.03 If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided by law, it may either terminate this Lease or it may, from time to time, without terminating this Lease, make such alterations and repairs as may be necessary in order to relet the Leased Premises, or any part thereof for such term or terms (which may be for a term or terms extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Landlord, in its sole discretion, may deem advisable. Upon each such reletting all rentals received by the Landlord from such reletting shall be applied, first, to the payment of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, solicitor's fees and the costs of such alterations and repairs, third, to the payment of all rentals due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during the month by the Tenant hereunder, the Tenant shall pay rent any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or additional rent (after 5 business days prior taking possession of the Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice from the Landlord delivered of such intention is given to the Tenant). Notwithstanding any such reletting without termination, the Landlord may at is option either enter into and upon the Demised Premises or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate and the said time thereafter elect to terminate this Lease shall thereupon terminate or itself take steps and do to or cause to be done for such things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Tenant and claim against the Tenant for damages sufferedprevious breach. Provided further that in the event that Should the Landlord shall be entitled toat any time terminate this Lease for any breach, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to any remedies it may have, it may recover from the Tenant all other rights hereby reserved to itdamages it has incurred or may incur by reason of such breach, including the Landlord shall have cost of recovering the right to re-enter Leased Premises, reasonable solicitor's fees, and including the Demised Premises as worth at the agent time of such termination of the Tenant either by force or otherwise without being liable for any prosecution thereforexcess, and to re-let the whole or any portion if any, of the Demised Premises amount of rent and charges equivalent to the rent reserved in this Lease for any period equal to or greater or less than the remainder of the stated Term over the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises reasonable rental value as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to by the Landlord for the deficiencyremainder of the stated Term, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder all of which amounts shall in any way release be immediately due and payable from the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunderLandlord.
Appears in 1 contract
Re-entry. In To the event that the Tenant shall be in default of greatest extent allowed by applicable law, Landlord or Landlord’s agents and employees may immediately or at any of its covenants hereunder including the covenant of the Tenant to pay rent or additional rent (after 5 business days prior written notice from the Landlord delivered to the Tenant), the Landlord may at is option either enter into and upon the Demised Premises or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Tenant and claim against the Tenant for damages suffered. Provided further that in the event that the Landlord shall be entitled to, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises as the agent of the Tenant either by force or otherwise without being liable for any prosecution therefor, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or any part thereof, peaceably but using such reasonable force as may be required, and without judicial process, or by any suitable action or proceeding at law, and may repossess the Premises, and may remove any persons, fixtures or chattels therefrom, to the end that Landlord may have, hold and enjoy the Premises. Any judicial action for the eviction of Tenant shall be governed by the process set forth in the Forcible Entry and Wrongful Detainer statutes set forth in ORS 105.105 et seq., or any successor statute, as the same may be amended, notwithstanding that all or part of any such statute may not otherwise apply to nonresidential space. In the event of any such retaking of possession of Premises by Landlord, Tenant shall remove all personal property located thereon and upon failure to do so upon demand of Landlord, Landlord may in addition to any Tenant which other remedies allowed by law, remove and store the same in any place selected by Landlord, in including but not limited to a public warehouse, at the exercise expense and risk of reasonable discretionTenant. If Tenant shall fail to pay all sums due hereunder together with the cost of storing any such property within thirty (30) days after it has been stored, Landlord may sell any or all of such property at public or private sale and shall deem apply the proceeds of such sale first, to be objectionable and the cost of such sale; second, to apply any rent derived from so re-letting the Demised Premises upon account payment of the rent charges and expenses for reentry, removal and storage; third, to the payment of any other sums of money that may be due hereunder, from Tenant to Landlord under the terms of this Lease; and the Tenant shall remain liable to the Landlord for the deficiencybalance, if any, it being the intention hereof to Tenant. Tenant hereby waives all claims for damages that nothing herein contained an no entry made may be caused by the Landlord hereunder shall in any way release the Tenant from the payment Landlord’s re-entering and taking possession of the rent hereby reserved during Premises or removing and storing or selling the term hereof beyond such sum property of Tenant as may be realized by the herein provided and in accordance with applicable law, and will indemnify, defend and save Landlord by harmless from loss, costs or damages to Tenant occasioned thereby, and no such re-letting entry shall be considered or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event construed to be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a reforcible entry. RE-letting of the Demised Premises in excess of the rent reserved hereunderENTRY OR TAKING POSSESSION OF SAID PREMISES BY LANDLORD SHALL NOT BE CONSTRUED AS AN ELECTION ON ITS PART TO TERMINATE THIS LEASE UNLESS A WRITTEN NOTICE OF SUCH INTENTION IS GIVEN TO TENANT.
Appears in 1 contract
Re-entry. In the event that the 8.1.1 The Tenant shall will be in default under the Lease if, during the Term:
(a) the Tenant fails to pay the Gross Rent or any other sum payable under the Lease within seven (7) days after the due date (whether or not formally demanded); or
(b) the Tenant fails to comply with its obligations under the Lease (other than payment of Gross Rent and any other sum payable under the Lease) and (where the breach is capable of its covenants hereunder including remedy) fails to make good the covenant default within fourteen (14) days (or any other period stipulated by the Landlord) of the Tenant Landlord’s notice ; or
(c) any distress or execution is levied on the Tenant’s property and is not discharged within seven (7) days; or
(d) an event of insolvency occurs or is likely to pay rent or additional rent (after 5 business days prior written notice from the Landlord delivered occur in relation to the Tenant).
8.1.2 In any of the above events, the Landlord may at is option either re-enter into and upon take possession of the Demised Premises (or any part thereof in of it) at any time (even if any previous right of re-entry has been waived) and to repossess the name Premises and the Term and the Lease shall absolutely cease and determine.
8.1.3 The exercise of the whole and have again, repossess and enjoy the same as Landlord of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to right of re-let the same as agent entry will not affect any rights of the Tenant and claim Landlord against the Tenant for damages suffered. Provided further that (including rights in respect of the event that default under which the Landlord shall be entitled to, and shall elect to make a re-entry as hereinbefore provided foris made).
8.1.4 The Tenant must indemnify the Landlord from and against all cost, any re-entry or other action so taken shall not be deemed to relieve loss, damages and expenses (including, without limitation, Gross Rent for the Rent Free Period and loss of Gross Rent which would have been payable by the Tenant of its obligation to pay rent if the Term had been completed and other monies payable as rent hereunder all costs and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises as the agent of the Tenant either by force or otherwise without being liable expenses incurred for any prosecution therefor, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to the Landlord for the deficiency, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or attempted re-letting of the Premises), suffered by the proceeds Landlord as a result of any distress made by the Landlord exercising its right of re-entry. This indemnity will not affect the other rights and remedies of the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunder.
Appears in 1 contract
Sources: Lease Agreement (Ultratech Inc)
Re-entry. In the event that the Tenant Lessee shall be in default of any of or its covenants hereunder including the covenant of the Tenant Lessee to pay rent or additional rent (after 5 business days prior written notice from the Landlord delivered to the Tenant)rent, whether legal demand has been made or not, the Landlord Lessor may at is its option either enter into and upon the Demised Premises demised premises or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Tenant Lessee and claim against the Tenant Lessee for damages suffered. Provided further that in the event that the Landlord Lessor shall be entitled to, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant Lessee of its the obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord Lessor is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant Lessee thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord Lessor shall have the right to re-enter the Demised Premises demised premises as the agent of the Tenant Lessee either by force or otherwise otherwise, without being liable for any prosecution therefor, and to re-let the whole or any portion of the Demised Premises demised premises for any period equal to or greater or less than the remainder of the then current term of the Tenant Lessee and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant lessee which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord Lessor may make such changes in the character of the improvements of or the Demised Premises demised premises as the Landlord Lessor may determined determine to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord Lessor be under any obligation to re-let the Demised Premises demised premises in whole or in part for any purpose which the Landlord Lessor may regard as injurious to the Demised Premisesdemised premises, or to any Tenant lessee which the LandlordLessor, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises demised premises upon account of the rent due hereunder, and the Tenant Lessee shall remain liable to the Landlord Lessor for the deficiency, if any, it being the intention hereof that nothing herein contained an and no entry made by the Landlord Lessor hereunder shall in any no way release the Tenant Lessee from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord Lessor by such re-letting or by the proceeds of any distress made by the Landlord Lessor against the TenantLessee; and provided that the Landlord Lessor shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant Lessee any surplus of any sums received by the Landlord Lessor on a re-letting of the Demised Premises demised premises in excess of the rent reserved hereunder.
Appears in 1 contract
Re-entry. In the event that Where there occurs a material breach by the Tenant shall be in default of any of its covenants hereunder including the covenant of the Tenant to pay rent or additional rent (after 5 business days prior tenant covenants and other terms and conditions of this Lease and the Landlord has served written notice specifying such breach and the remedial action required by the Tenant and if within a reasonable period (taking account of the breach complained of) the Tenant has not taken steps to remedy such breach or the Tenant is dissolved or struck off or removed from the Landlord delivered Register of Companies or otherwise ceases to the Tenant), exist then it is lawful for the Landlord may or any person authorised by the Landlord at is option either any time afterwards to re-enter into and upon the Demised Premises Property or any part thereof of it in the name of the whole and have again, repossess and enjoy thereupon the same as Term absolutely determines without prejudice to any right of its former estate action of the Landlord in respect of any breach of the Tenant's obligations contained in this Lease. Landlord's Rights on Forfeiture The Landlord's right to forfeit this Lease is not affected by any acceptance of or demand for rent or any action which would affirm this Lease by the Landlord with knowledge of a breach of any of the Tenant's covenants contained in this Lease and the said Tenant is not in any proceedings for forfeiture or otherwise entitled to rely upon any such acceptance demand or affirmation as aforesaid as a defence provided that this provision only applies to any acceptance of or demand for rent or affirmation of this Lease shall thereupon terminate or itself take steps and do to or cause to be done made during such things period as may in all the circumstances be necessary reasonable for enabling the Landlord to remedy and correct such defaults, or to re-let the same as agent of the Tenant and claim against conduct negotiations with the Tenant for damages sufferedremedying the breach. Provided further Service of Notices Section 196 of the Law of Property Act 1925 as amended by the Recorded Delivery Service Act 1962 applies to all notices which may require to be served under the terms of this Lease except that section 196 is deemed to be amended as follows:- the final words of section 196(4) "and that service ………. be delivered" are deleted and there is substituted "and that service is deemed to have been made on the third working day after the registered letter has been posted" and "working day" means any day from Monday to Friday (inclusive) other than Christmas Day Good Friday and any statutory or bank holiday; any notice or document is also sufficiently served if sent by telephonic facsimile transmission to the party to be served and that service is deemed to be made on the day of transmission if transmitted before 4.00 pm on a working day but otherwise on the next following working day; if the party to whom any notice to be served consists of more than one person the service of notice upon one of such persons constitutes service upon all of them; any notice to be given by a party may be given by that party's solicitor or agent and when addressed to a party is not rendered invalid by reason of that party having died become insolvent or changed name whether or not the party serving notice is aware of the fact. [Exclusion of S.62 L.P.A. The operation of section 62 of the Law of Property Act 1925 is excluded from this Lease and the only rights granted to the Tenant are those expressly set out in this Lease and the event Tenant is not by virtue of this Lease deemed to have acquired or be entitled by any means whatsoever (other than express grant) to any easement from or over the Retained Land or affecting any other land or premises now or at any time after the date of this Lease belonging to the Landlord and not comprised in this Lease.]18 Governance This Lease is governed by English law. The parties submit to the exclusive jurisdiction of the High Court of Justice in England. Agreement to Exclude Sections 24 to 28 of the 1954 Act The Landlord and the Tenant agree pursuant to section 38A(1) of the 1954 Act that the provisions of sections 24 to 28 (inclusive) of the 1954 Act are excluded in relation to the tenancy created by this Lease. The Tenant confirms that: the Landlord shall be entitled to, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve served on the Tenant a notice (the "Notice") applicable to the tenancy created by this Lease on [_________________] in accordance with section 38A(3)(a) of its obligation the 1954 Act; and the Tenant or a person duly authorised by the Tenant made a declaration or a statutory declaration in relation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent the Notice on [_________________] in accordance with the provision hereof shall continue to accrue and be payable until such time as requirements of section 38A(3)(b) of the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should 1954 Act; before the Tenant thereafter fail entered into this Lease or (if earlier) became contractually bound to pay the rent and other monies payable as rent or otherwise under this Leasedo so. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises as the agent of the Tenant either by force or otherwise without being liable for any prosecution therefor, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to the Landlord for the deficiency, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunder.Termination
Appears in 1 contract
Sources: Lease
Re-entry. In the event that When:
(a) the Tenant shall be fails to pay when due any Rent, and fails to correct such non-payment within five (5) days after receipt of the Landlord’s written notice; whether lawfully demanded or not;
(b) the Tenant is in default of any of its covenants hereunder including covenants, obligations or agreements under this Lease (other than its covenant to pay Rent) and such default has continued for a period of ten (10) consecutive days (or such shorter period set out in the covenant Landlord's notice as may be reasonable in the circumstances) after written notice by the Landlord to the Tenant specifying with [*****] Confidential Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to this omitted information. reasonable particularity the nature of such default and requiring the same to be remedied, or, if by reason of the nature thereof, such default cannot be cured by the payment of money and cannot with due diligence be wholly cured within such ten (10) day period, if the Tenant has failed to proceed promptly to cure the same or has thereafter failed to prosecute the curing of such failure with due diligence;
(c) an execution issues against any property of the Tenant or any guarantor or indemnifier of this Lease and remains outstanding for more than ten (10) days, or any receiver of any property of the Tenant or any guarantor or indemnifier of this Lease is appointed, or the Tenant or any guarantor or indemnifier of this Lease becomes insolvent or makes application for relief from creditors under the provisions of any statute now or hereafter in force or, under the Bankruptcy and Insolvency Act, files a notice of intention or a proposal, makes an assignment in bankruptcy, has a receiving order made against it or otherwise becomes bankrupt, or any action, steps or proceedings whatever, are taken with a view to pay rent the winding up, dissolution or additional rent liquidation of the Tenant or any guarantor or indemnifier of this Lease, or with a view to the restructuring or compromise of any debt or other obligation of the Tenant or any guarantor or indemnifier of this Lease;
(after 5 business d) any insurance policy is cancelled or not renewed by any insurer by reason of any particular use or occupation of the Premises;
(e) the Premises have been abandoned, or have become vacant or have remained unoccupied for a period of five (5) consecutive days prior written notice from without the consent of the Landlord delivered to the Tenant(which consent shall not be unreasonably withheld), or the Premises have been used by any other person or persons other than the Tenant or any person permitted by Article VIII hereof; or
(f) the Tenant or any company with which the Tenant is affiliated or associated (as those terms are defined in the Business Corporations Act, 1990 of Ontario, or any successor legislation thereto) is in default of any of its covenants, obligations or agreements under any lease or other written agreement between it and the Landlord (as owner or as manager) or any company with which the Landlord is affiliated or associated (as those terms are defined in the Business Corporations Act, 1990 of Ontario, or any successor legislation thereto), and such default shall have continued for such period of time that the Landlord's (or such affiliated or associated company's) remedies have become exercisable thereunder; then, and in any of such cases, the then current month's Rent together with the Rent for the three (3) months next ensuing shall immediately become due and payable, and at the option of the Landlord the Term shall become forfeited and void, and the Landlord without notice or any form of legal process whatever may at is option either enter into and upon forthwith re‑enter the Demised Premises or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate estate, anything contained in any statute or law to the contrary notwithstanding. The Landlord may expel all persons and remove all property from the said Lease shall thereupon terminate or itself take steps Premises and do to or cause to be done such things as property may be necessary to remedy removed and correct such defaults, sold or to re-let disposed of by the same Landlord as agent it deems advisable or may be stored in a public warehouse or elsewhere at the cost and for the account of the Tenant and claim against the Tenant for damages suffered. Provided further that in the event that without the Landlord being considered guilty of trespass or conversion or becoming liable for any loss or damage which may be occasioned thereby, provided, however, that such forfeiture shall be entitled to, wholly without prejudice to the right of the Landlord to recover arrears of rent and shall elect to make a re-entry as hereinbefore provided for, damages for any re-entry or other action so taken shall not be deemed to relieve antecedent default by the Tenant of its obligation to pay rent [*****] Confidential Information has been omitted and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance filed separately with the provision hereof shall continue Securities and Exchange Commission. Confidential treatment has been requested with respect to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise this omitted information. covenants under this Lease. Provided further that Should the Landlord at any time terminate this Lease by reason of any such event, then, in addition to all any other rights hereby reserved to itremedies it may have, the Landlord shall have the right to re-enter the Demised Premises as the agent of it may recover from the Tenant either by force or otherwise without being liable for any prosecution therefor, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which all damages it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any incur as a result of such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to the Landlord for the deficiency, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereundertermination.
Appears in 1 contract
Sources: Office Lease (Fluidigm Corp)
Re-entry. In the event that the Tenant shall be in default of any of its covenants hereunder including the covenant of the Tenant to pay rent or additional rent (after 5 business days prior written notice from the Landlord delivered to the Tenant)Default, the Landlord may at is option either enter into and upon the Demised Premises or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Tenant and claim against the Tenant for damages suffered. Provided further that in the event that the Landlord shall be entitled toalso have the right, and shall elect to make a re-entry as hereinbefore provided forwithout demand or notice, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under without terminating this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises as and remove all persons and property from the agent of the Tenant Premises, either by force summary proceedings or otherwise by action at law, without being liable deemed guilty of trespass and without prejudice to any remedies for nonpayment or late payment of any prosecution therefor, Rent or breach of any covenant. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. If Landlord elects to re-let enter the whole Premises, Landlord may terminate this Lease, or from time to time, without terminating this Lease, may relet all or any portion part of the Demised Premises as agent for any period equal to Tenant for such 12 term or greater or less than the remainder of the then current term of the Tenant terms and to receive the rent therefor, said rent to be any sum which it at such rental and upon such other terms and conditions as Landlord may deem reasonableadvisable, with the right to any Tenant which it may deem suitable make alterations and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, repairs to the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in Landlord's reasonable judgment, considers advisable and necessary for the exercise purpose of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so reletting the Premises. No re-letting the Demised Premises upon account entry or taking possession of the rent due hereunderPremises by Landlord pursuant to this Section 23.3 shall be construed as an election to terminate this Lease unless notice of such intention is given to Tenant or unless the termination thereof is decreed by a court of competent jurisdiction. If Landlord terminates this Lease or re-enters the Premises pursuant to this Article 23, and the Tenant shall remain liable (in addition to accrued liabilities) for: (i) any unpaid Rent due at the time of termination, plus interest thereon from the due date at the Prime Rate; provided, however, that if such interest is limited by law to a lesser amount, Landlord shall be entitled to the maximum amount of interest permitted by law, (ii) subject to clause (v) of this paragraph, Rent until the date this Lease would have expired had such termination not occurred; (iii) any and all reasonable expenses (including all reasonable attorneys' fees, costs and brokerage fees) incurred by Landlord for in re-entering and repossessing the deficiencyPremises, if anyin making good any Default by Tenant, it being in protecting and preserving the intention hereof that nothing herein contained an no entry made Premises by use of watchmen and caretakers and in reletting the Landlord hereunder shall in any way release Premises (subject to the Tenant from the payment provisions of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; immediately preceding paragraph and provided that the Landlord Tenant shall not in be liable for any event be required expenses incurred by Landlord with respect to alterations which are not consistent with the use of the Premises as an athletic club and/or a use(s) complementary to an athletic club); and (iv) any other amount reasonably necessary to compensate Landlord for any other detriment actually caused Landlord by Tenant's failure to perform its obligations under this Lease, less (v) the net proceeds received by Landlord from any reletting prior to the date this Lease would have expired if it had not been terminated. Tenant agrees to pay to Landlord the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunder.amount so owed above for each month during the
Appears in 1 contract
Sources: First Supplemental Agreement of Lease (Sports Club Co Inc)
Re-entry. In Said Lessee will quit and deliver upon the event possession of said premises to the Lessor or L▇▇▇▇▇’s heirs, successors, agents or assigns, when this lease terminated by limitation or forfeiture, with all window glass replaced, if broken, and with all keys, locks, bolts, plumbing fixtures, elevator, sprinkler, boiler and heating appliances in as good order and condition as the same are now, or may hereafter be made by repair in compliance with all covenants of this lease, save only the wear thereof from reasonable and careful use. But it is hereby understood, and Lessee hereby covenants with the Lessor, that such forfeiture, annulment or voidance shall not relieve the Tenant shall be Lessee from the obligation of the Lessee to make the monthly payments of rent hereinbefore reserved, at the times and in the manner aforesaid; and in case of any such default of any of its covenants hereunder including the covenant of the Tenant to pay rent or additional rent (after 5 business days prior written notice from the Landlord delivered to the Tenant)Lessee, the Landlord Lessor may at is option either enter into re-let the said premises as the agent for and upon the Demised Premises or any part thereof in the name of the whole Lessee, at any rental readily obtainable, applying the proceeds and have againavails thereof, repossess first, to the payment of such expense as the Lessor may be put to in re-entering, and enjoy then to the payment of said rent as the same as may from time to time become due, and toward the fulfillment of its former estate the other covenants and agreements of the Lessee herein contained, and the balances, if any, shall be paid to the Lessee; and the Lessee hereby covenants and agrees that if the Lessor shall recover or take possession of said Lease shall thereupon terminate or itself take steps premises as aforesaid, and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or unable to re-let and rent the same so as agent to realize a sum equal to the rent hereby reserved, the Lessee shall and will pay to the Lessor any and all loss of difference of rent for the residue of the Tenant and claim against term. The Lessee hereby gives to the Tenant for damages suffered. Provided further that in the event that the Landlord shall be entitled to, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have Lessor the right to re-enter place and maintain its usual “for rent” signs upon the Demised Premises as the agent of the Tenant either by force or otherwise without being liable for any prosecution therefor, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlorddemised premises, in the exercise of reasonable discretionplace that the same are usually displayed on property similar to that herein demised, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to the Landlord for the deficiency, if any, it being the intention hereof last thirty days of this lease. “No representation is made that nothing herein contained an no entry made by the Landlord hereunder shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting premises are lead free or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunderthese premises are legally habitable.”
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Sources: Assignment of Real Estate Lease (Alliance Data Systems Corp)
Re-entry. In Proviso for re-entry by the event Landlord on non-payment of rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on the Landlord in this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant. If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, or any part thereof for such term or terms (which may be for a term or terms extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received by the Landlord from such reletting shall be applied, first, to the payment of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be in default of any of its covenants hereunder including the covenant calculated and paid monthly. No such re-entry or taking possession of the Tenant Leased Premises by the Landlord shall be construed as an election on its part to pay rent or additional rent (after 5 business days prior terminate this Lease unless a written notice from the Landlord delivered of such intention is given to the Tenant). Notwithstanding any such reletting without termination, the Landlord may at is option either enter into and upon the Demised Premises or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate and the said time thereafter elect to terminate this Lease shall thereupon terminate or itself take steps and do to or cause to be done for such things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Tenant and claim against the Tenant for damages sufferedprevious breach. Provided further that in the event that Should the Landlord shall be entitled toat any time terminate this Lease for any breach, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to any remedies it may have, it may recover from the Tenant all other rights hereby reserved to itdamages it has incurred or may incur by reason of such breach, including the Landlord shall have cost of recovering the right to re-enter Leased Premises, reasonable solicitor’s fees, and including the Demised Premises as worth at the agent time of such termination of the Tenant either by force or otherwise without being liable for any prosecution thereforexcess, and to re-let the whole or any portion if any, of the Demised Premises amount of rent and charges equivalent to the rent reserved in this Lease for any period equal to or greater or less than the remainder of the stated Term over the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises reasonable rental value as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to by the Landlord for the deficiencyremainder of the stated Term, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder all of which amounts shall in any way release be immediately due and payable from the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunderLandlord.
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