Re-entry. Proviso for re-entry by the 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 calculated and paid monthly. No such re-entry or 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 of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.
Appears in 2 contracts
Sources: Combination Agreement (Fenix Parts, Inc.), Combination Agreement (Fenix Parts, Inc.)
Re-entry. Proviso for re-entry by (a) If the Landlord on non-payment of rent Rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder Service Charge 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, other monies hereby reserved or any part thereof shall at any time be unpaid for ten (10) days after becoming payable (whether formally demanded or not) or if any stipulation on the Tenant's part herein contained shall not be performed or observed and the Tenant has not remedied such term breach within fourteen (14) days after receiving the Landlord’s written notice to that effect (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 longer period as the Landlord may reasonably stipulate having regard to the nature and extent of the breach) or if the Tenant makes any assignment for the benefit of his creditors for a composition in satisfaction of his debts or if being a company makes any arrangement with its sole discretion may deem advisable. Upon each such reletting all rentals received creditors for liquidation of its debts by composition or otherwise or if it shall go into liquidation (except for the Landlord from such reletting purpose of amalgamation or reconstruction) or if a receiver shall be applied, first, to appointed then and in anyone of 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, said cases it 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 calculated and paid monthly. No such re-entry or 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 of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease lawful for such previous breach. Should the Landlord at any time terminate thereafter to re-enter the Premises or any part thereof in the name of the whole and thereupon this Lease tenancy shall absolutely cease and determine but without prejudice to the right of action of the Landlord in respect of any antecedent breach of the Tenant's stipulations herein contained.
(b) If the Rent or Service Charge or any other monies hereby reserved or any part thereof shall at any time be unpaid after becoming payable (whether formally demanded or not), the Landlord shall have the right to distrain in the manner provided by the Distress Act (Chapter 84 of Singapore). For the avoidance of doubt, for any breachthe purposes of distress herein, in addition to any remedies it may have, it may recover from the Service Charge and all other monies payable herein by the Tenant all damages it has incurred or may incur by reason of such breach(including but not limited to utilities charges, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, legal costs and including the worth at the time of such termination expenses and car park charges) shall be treated as part of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlorddistrained.
Appears in 2 contracts
Sources: Lease Agreement (Kulicke & Soffa Industries Inc), Agreement to Develop and Lease (Kulicke & Soffa Industries Inc)
Re-entry. Proviso for Landlord or Landlord's agents and employees may immediately or at any time thereafter re-entry by enter the 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 thereof, peaceably but using such term or terms (which reasonable force as may be for a term required, and without judicial process, or terms extending beyond by any suitable action or proceeding at law, and may repossess the Term 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 this Lease) and at any such rental or rentals 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 other remedies allowed by law, remove and store the same in any place selected by Landlord, including but not limited to a public warehouse, at the expense and risk of Tenant. If Tenant shall fail to pay all sums due hereunder together with the cost of storing any such other terms 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 conditions as shall apply the Landlord in its sole discretion may deem advisable. Upon each proceeds of such reletting all rentals received by the Landlord from such reletting shall be applied, sale first, to the payment cost of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlordsuch sale; second, to the payment of any costs the charges and expenses of such relettingfor reentry, including brokerage fees, solicitor’s fees removal and the costs of such alterations and repairsstorage; third, to the payment of all rentals any other sums of money that may be due and unpaid hereunder, from Tenant to Landlord under the terms of this Lease; and the residuebalance, if any, shall to Tenant. Tenant hereby waives all claims for damages that may be held 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 harmless from loss, costs or damages to Tenant occasioned thereby, 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 calculated and paid monthly. No no such re-entry or taking possession of the Leased Premises by the Landlord shall be considered or construed as an election on its part to terminate this Lease unless be a written notice of such intention is given to the Tenantforcible entry. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the LandlordRE-ENTRY 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. Proviso for re-entry by the Landlord on non-payment of rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or Without prejudice to any powers conferred on the Landlord other provisions contained in this Lease, all with respect to non-payment if:
(a) any of Minimum Rent the rents reserved by this Lease are unpaid for 21 days after becoming payable (whether formally demanded or additional rent, may be exercised by the Landlord immediately upon default being made by not);
(b) the Tenant and without is in breach of any notice thereof of its obligations in this Lease;
(c) the Tenant (being a company) enters into liquidation whether compulsory or voluntary (other than for the purpose of reconstruction or amalgamation not involving a realisation of assets) or a resolution is passed or a petition is presented for such liquidation;
(d) an administrator is appointed in respect of the Tenant pursuant to the Tenant, notwithstanding anything contained herein Insolvency ▇▇▇ ▇▇▇▇ or in the Commercial TenanciesAct Insolvent Partnerships Order or application is made for such administration or notice is given under paragraph 15 or 26 of Ontario Schedule B1 to the contrary. If Insolvency ▇▇▇ ▇▇▇▇ (as amended);
(e) a receiver is appointed in respect of the Landlord elects Tenant or any assets of the Tenant;
(f) (where the Tenant comprises or includes one or more individuals) a bankruptcy order is made against any such individual or a petition is presented for such bankruptcy order;
(g) the Tenant becomes insolvent or unable to re-enterpay its debts within the meaning of section 123 Insolvency Act 1986 or makes a proposal for or enters into any composition with its or his creditors or makes a proposal for or enters into a voluntary arrangement (within the meaning of section 1 or section 253 Insolvency Act 1986);
(h) distress, as herein provided, sequestration or if it takes possession pursuant execution is levied on the Tenant’s goods;
(i) any of the above events occurs in relation to legal proceedings or pursuant the Surety (excluding for this purpose any person whose liability at the time of such event derives from an Authorised Guarantee Agreement); or
(j) any event analogous 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, of the above events occurs 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, jurisdiction other than rent due hereunder, owing by the Tenant to the Landlord; second, to the payment of any costs England 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 calculated and paid monthly. No such re-entry or 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 of such intention is given to the Tenant. Notwithstanding any such reletting without termination, Wales then the Landlord may at any time thereafter elect to terminate re-enter the Premises or any part of the Premises in the name of the whole and immediately this Lease for such previous breach. Should shall terminate absolutely but without prejudice to any rights of the Landlord at in respect of any time terminate this Lease for breach of any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of obligations on the amount of rent and charges equivalent to the rent reserved Tenant’s part in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the LandlordLease.
Appears in 2 contracts
Sources: Lease Agreement (Gw Pharmaceuticals PLC), Agreement for Lease (Gw Pharmaceuticals PLC)
Re-entry. Proviso 6.1.1 If and whenever during the Term:
(a) any or any part of the Rent reserved by this Tenancy Agreement and/or any part of the Deposit shall be unpaid for re-entry seven (7) days after their due date (whether or not they shall have been formally demanded); or
(b) the Tenant shall at any time fail or neglect to perform or observe any of the covenants, conditions or agreements contained in this Tenancy Agreement to be performed or observed by the Tenant; or
(c) any distress or execution shall be levied on the Tenant’s goods or any service of process or court notices shall be affixed onto any part of the Demised Premises; or
(d) the Tenant, being a company, shall be unable to pay its debts, or enters into liquidation either compulsory or voluntary (except for the purpose of amalgamation or reconstruction), or passes a resolution for its winding up, or makes a proposal to its creditors for a composition in satisfaction of its debts or a scheme of arrangement, or applies to the court for the appointment of a judicial manager, or a receiver, a receiver and manager or judicial manager or interim judicial manager is appointed; or
(e) the Tenant, being an individual, shall be unable to pay or shall have no reasonable prospect of being able to pay his debts, or a bankruptcy petition shall be presented against him, or makes a proposal to his creditors for a composition in satisfaction of his debts or a scheme of arrangement, or a receiver is appointed in respect of his property; it shall be lawful for the Landlord or any person duly authorised by the Landlord on nonfor that purpose to re-payment enter the Demised Premises or any part thereof in the name of rent or non-performance or non-observance of covenants. The Landlord’s the whole at any time, and even if any previous right of re-entry hereunder has been waived, and thereupon this Tenancy Agreement shall absolutely cease and determine, but without prejudice to any rights or any powers conferred on remedies of the Landlord in this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised by any breach of any of the Landlord immediately upon default being made covenants 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 this Tenancy Agreement
6.1.2 Without prejudice to any notice provided for by law, it may either terminate this Lease other rights 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 remedies 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 calculated and paid monthly. No such re-entry or taking possession Landlord compensation for the loss of the Leased Premises Rent suffered by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination, consequential upon the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason exercising its rights of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlordre-entry.
Appears in 2 contracts
Sources: Tenancy Agreement (APEX Global Solutions LTD), Tenancy Agreement (APEX Global Solutions LTD)
Re-entry. Proviso When:
(a) the Tenant shall be in default in the payment of any Rent, whether lawfully demanded or not, and such default shall continue for re-entry a period of five (5) consecutive days after notice by the Landlord on non-payment to the Tenant;
(b) the Tenant shall be in default of rent any of its covenants, obligations or non-performance or non-observance agreements under this Lease (other than its covenant to pay Rent) and such default shall have continued for a period 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 ten (10) consecutive days after notice by the Landlord immediately upon default being made by to the Tenant specifying with reasonable particularity the nature of such default and without requiring the same to be remedied;
(c) any notice thereof property of the Tenant has been sold under a valid writ of execution, or the Tenant shall have made an assignment for the benefit of creditors, or shall make any assignment or have had a receiving order made against it under the Bankruptcy and Insolvency Act, or becoming bankrupt or insolvent shall have made application for relief under the provisions of any statute now or hereafter in force concerning bankrupt or insolvent debtors, or any action whatever, legislative or otherwise, shall have been taken with a view to the winding up, dissolution or liquidation of the Tenant, notwithstanding anything contained herein ;
(d) any insurance policy is cancelled or in the Commercial TenanciesAct not renewed by an insurer by reason of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, any particular use 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 occupation of the Leased Premises;
(e) the Tenant shall purport to make a Transfer affecting the Leased Premises or the Leased Premises shall be used by any person or for any purpose other than in compliance with and expressly authorized by this Lease;
(f) the Tenant makes any sale in bulk affecting any property on the Leased Premises (other than in conjunction with a Transfer approved in writing by the Landlord and made pursuant to all applicable legislation);
(g) a trustee, receiver, receiver manager, manager, agent or other like person shall be appointed in respect of the assets or business of the Tenant or any other occupant of the Leased Premises; or
(h) the Leased Premises shall have been vacated or have become vacant or shall have remained unoccupied for a period of fifteen (15) consecutive days, 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 forthwith re-enter the Leased Premises or any part thereof in the name of the whole and repossess and enjoy the same as of its former estate, anything contained in any statute or law to the contrary notwithstanding. Such forfeiture shall be wholly without prejudice to the right of the Landlord to recover arrears of Rent and damages for such term any antecedent breach of the covenants, obligations or terms (which may be for a term or terms extending beyond agreements of the Term of Tenant under 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 calculated and paid monthly. No such re-entry or 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 of such intention is given to the Tenant. Notwithstanding any such reletting without termination, forfeiture the Landlord may at any time thereafter elect to terminate subsequently recover from the Tenant damages for loss of Rent suffered by reason of this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, having been prematurely determined and it may recover from the Tenant all damages it has incurred or may incur by reason of such breachwith respect thereto, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease Rent for the remainder of the stated Term over the then reasonable rental value as determined by of the Landlord Leased Premises for the remainder of the stated Term, all of which amounts Rent shall be immediately due and payable from the Tenant to the Landlord. In determining the Rent which would be payable under this Lease by the Tenant subsequent to default, the annual rent for each year of the unexpired portion of the Term shall be equal to the average of the aggregate of the Base Rent and Additional Rent paid by the Tenant from the Commencement Date to the time of default, or during the three (3) full calendar years preceding such default, whichever period is shorter.
Appears in 2 contracts
Sources: Office Lease (Intellon Corp), Sublease Agreement (Intellon Corp)
Re-entry. Proviso for re-entry by 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 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 delivered 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 calculated and paid monthly. No such re-entry or 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 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 time thereafter 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 terminate this Lease for 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 previous breach. Should 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 at is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any time terminate loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease for any breach, 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 remedies 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 havedeem reasonable, to any Tenant which it may recover 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 all damages it has incurred or may incur by reason of such breach, including shall remain liable to the cost of recovering Landlord for the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excessdeficiency, 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 amount 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 rent any distress made by the Landlord against the Tenant; and charges equivalent 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 in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlordhereunder.
Appears in 2 contracts
Sources: Lease Agreement (Eastgate Acquisitions Corp), Lease Agreement (Eastgate Acquisitions Corp)
Re-entry. Proviso for re-entry by the 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 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 calculated and paid monthly. No such re-entry or 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 of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.
Appears in 2 contracts
Sources: Combination Agreement (Fenix Parts, Inc.), Combination Agreement (Fenix Parts, Inc.)
Re-entry. Proviso for re-entry by In the Landlord on non-payment event the Lessee shall be in default of any of its covenants hereunder including the covenant of the Lessee to pay 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, whether legal demand has been made or not, the Lessor may be exercised by at its option either enter into and upon 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, Demised Premises or any part thereof for in the name of the whole and have again, repossess and enjoy the same as if its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such term or terms (which things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the lessee and claim against the Lessee for damages suffered. Provided further that I the event that the Lessor shall be entitled to, and shall elect to make a term re-entry as hereinbefore provided for, any re-entry or terms extending beyond other action so taken shall not be deemed to relieve the Term Lessee of this Lease) the obligation to pay rent and at other monies payable as rent hereunder and such rental or rentals rent and upon other monies payable as rent hereunder and such rent and other terms monies payable as rent in accordance with the provision hereof shall continue to accrue and conditions be payable until such time as the Landlord Lessor is able to re-let the premises, or otherwise deal with the same in its sole discretion such manner that it shall not sustain any loss should the 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 Lessor shall have the right to re-enter the Demised Premises as the agent of the Lessee either by force or otherwise, without being liable for any prosecution therefore, 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 Lease and to receive the rent therefore, said rent to be any sum which it may deem advisable. Upon each such reletting all rentals received by the Landlord from such reletting shall be applied, firstreasonable, to any lessee which it may deem suitable and satisfactory, and for any use purpose which it may deem appropriate and in connection with any such lease, the payment Lessor may make such changes in the character of the improvements or the Demised Premises as the Lessor may determine to be appropriate or helpful in effecting such Lease; but in no event shall the Lessor be under any indebtednessobligation to re-let the Demised Premises in whole or in part for any purpose which the Lessor may regard as injurious to the Demised Premises, other than or to any lessee which the Lessor, in the exercise of reasonable discretion, shall deem objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, owing by and the Tenant lessee shall remain liable to the Landlord; second, to Lessor for 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 residuedeficiency, if any, shall be held it being the intention hereof that nothing herein contained and no entry made by the Landlord and applied Lessor hereunder shall in no way release the Lessee from the payment of future the rent hereby reserved during the term hereof being such sum 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 realized by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No Lessor by such re-entry letting or taking possession by the proceeds of any distress made by the Lessor against the Lessee; and provided that the Lessor shall not in any event be required to pay to the Lessee any surplus of any sums received by the Lessor on a re-letting of the Leased Demised Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice in excess of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlordhereunder.
Appears in 1 contract
Re-entry. Proviso It is a condition of this Lease that when:
.1 Tenant fails to pay when due any Rent, whether lawfully demanded or not;
.2 Tenant is in default of any of its covenants, obligations or agreements under this Lease (other than its covenant to pay Rent) and such default has continued for re-entry a period of 10 consecutive days (or such shorter period set out in Landlord’s notice as may be reasonable in the circumstances) after notice by Landlord to Tenant specifying with 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 Landlord on non-payment of rent money and cannot with due diligence be wholly cured within such 10 day period, if Tenant has failed to proceed promptly to cure the same or non-performance or non-observance has thereafter failed to prosecute the curing of covenants. The Landlord’s right such failure with due diligence; .3 an execution issues against any property of re-entry hereunder Tenant or any powers conferred on guarantor or indemnifier of this Lease and remains outstanding for more than 10 days, or any receiver of any property of Tenant or any guarantor or indemnifier of this Lease is appointed, or Tenant or any guarantor or indemnifier of this Lease becomes insolvent or makes application for relief from creditors under the Landlord 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 insolvent, or any action, steps or proceedings whatever, are taken with a view to the winding up, dissolution or liquidation of Tenant or any guarantor or indemnifier of this Lease, all or 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 a view to the Tenant, notwithstanding anything contained herein restructuring or in the Commercial TenanciesAct compromise of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, any debt 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, other obligation of Tenant or any part thereof for such term guarantor or terms (which may be for a term or terms extending beyond the Term indemnifier 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 calculated and paid monthly. No such re-entry or 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 of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.;
Appears in 1 contract
Re-entry. Proviso In case of any such re-entry, expiration and/or dispossess by summary proceedings or otherwise, the rent shall become due thereupon and be paid up to the time of such re-entry, dispossess, and/or expiration, together with such expenses as LANDLORD may incur for brokerage and/or putting the Demised Premises in good order, or for preparing the same for re-entry by the Landlord on non-payment of rent or non-performance or non-observance of covenantsrental. 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, LANDLORD 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, premises or any part thereof for such term or terms (which may be parts thereof, either in the name of LANDLORD or otherwise, for a term or terms extending beyond the Term of this Lease) and which may 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, solicitorLANDLORD’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 option be less than that or exceed the period which may otherwise have constituted the balance of the term of this Lease and may grant reasonable concessions, or free rent; and TENANT shall also pay LANDLORD any deficiency between (1) all rent and additional charges hereby reserved and/or covenanted to be paid during that month by paid; and (2) the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or 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 of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excessnet amount, if any, of the amount rents collected on account of rent and charges equivalent the leasing of the Demised Premises for each month of the period which would otherwise have constituted the balance for the term of this Lease. In computing amount, there shall be added to the deficiency such expenses as LANDLORD may incur in connection with reletting, such as for brokerage, for keeping the Demised 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 reserved days specified in this Lease and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of LANDLORD to collect the deficiency for any subsequent month by a similar proceeding. LANDLORD, in its discretion, may make such alterations, repairs, replacements, and/or decorations in the Demised Premises as may be necessary for the remainder purpose of reletting the 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 stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be Demised Premises and/or declare immediately due and payable from all of the Tenant to the Landlordamounts as described above in this Article 31, which shall constitute a debt provable in bankruptcy or receivership.
Appears in 1 contract
Sources: Lease (Durata Therapeutics, Inc.)
Re-entry. Proviso for To the greatest extent allowed by applicable law, Landlord or Landlord’s agents and employees may immediately or at any time thereafter re-entry by enter the 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 thereof, peaceably but using such term or terms (which reasonable force as may be for a term required, and without judicial process, or terms extending beyond by any suitable action or proceeding at law, and may repossess the Term 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 this Lease) and at any such rental or rentals 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 other remedies allowed by law, remove and store the same in any place selected by Landlord, including but not limited to a public warehouse, at the expense and risk of Tenant. If Tenant shall fail to pay all sums due hereunder together with the cost of storing any such other terms 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 conditions as shall apply the Landlord in its sole discretion may deem advisable. Upon each proceeds of such reletting all rentals received by the Landlord from such reletting shall be applied, sale first, to the payment cost of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlordsuch sale; second, to the payment of any costs the charges and expenses of such relettingfor reentry, including brokerage fees, solicitor’s fees removal and the costs of such alterations and repairsstorage; third, to the payment of all rentals any other sums of money that may be due and unpaid hereunder, from Tenant to Landlord under the terms of this Lease; and the residuebalance, if any, shall to Tenant. Tenant hereby waives all claims for damages that may be held caused 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 calculated and paid monthly. No such ’s re-entry or entering and taking possession of the Leased Premises by or removing and storing or selling the 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 reentry shall be considered or construed as an election on its part to terminate this Lease unless be a written notice of such intention is given to the Tenantforcible entry. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the LandlordRE-ENTRY 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. Proviso It is a condition of this Lease that when:
.1 Tenant fails to pay when due any Rent, whether lawfully demanded or not;
.2 Tenant is in default of any of its covenants, obligations or agreements under this Lease (other than its covenant to pay Rent) and such default has continued for re-entry a period of 10 consecutive days (or such shorter period set out in Landlord’s Notice as may be reasonable in the circumstances) after Notice by Landlord to Tenant specifying with 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 Landlord on non-payment of rent money and cannot with due diligence be wholly cured within such 10 day period, if Tenant has failed to proceed promptly to cure the same or non-performance or non-observance has thereafter failed to prosecute the curing of covenants. The Landlord’s right such failure with due diligence;
.3 an execution is issued against any property of re-entry hereunder Tenant or any powers conferred on guarantor or indemnifier of this Lease and remains outstanding for more than 10 days, or any receiver of any property of Tenant or any guarantor or indemnifier of this Lease is appointed, or Tenant or any guarantor or indemnifier of this Lease becomes insolvent or makes application for relief from creditors under the Landlord 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 insolvent, or any action, steps or proceedings whatever, are taken with a view to the winding up, dissolution or liquidation of Tenant or any guarantor or indemnifier of this Lease, all or 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 a view to the Tenant, notwithstanding anything contained herein restructuring or in the Commercial TenanciesAct compromise of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, any debt 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, other obligation of Tenant or any part thereof for such term guarantor or terms (which may be for a term or terms extending beyond the Term indemnifier of this Lease) and at such rental ;
.4 any insurance policy is cancelled 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 not renewed 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 calculated and paid monthly. No such re-entry or 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 of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur insurer by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination any particular use or occupation of the excessPremises;
.5 the Premises have been abandoned, if anyor have become vacant or have remained unoccupied for a period of 5 consecutive Business Days without the consent of Landlord or the Premises have been used or occupied by any other person or persons other than Tenant or any person permitted by Part 9 hereof; or
.6 Tenant or any Related Corporation is in default of any of its covenants, obligations or agreements under any lease or other written agreement between it and Landlord (as owner or as manager) or any company which is a Related Corporation to Landlord and such default shall have continued for such period of the amount time that Landlord’s (or such Related Corporation) remedies have become exercisable thereunder;
.7 a receiver, interim receiver, trustee, liquidator or a receiver and manager is appointed for all or part of rent and charges equivalent to the rent reserved in this Lease for the remainder Tenant Property or business or of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Terman Indemnifier’s, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.occupant’s, licensee’s, concessionaire’s or franchisee’s property or business; or
Appears in 1 contract
Re-entry. Proviso for re-entry by In the event of any Default, Landlord on non-payment of rent shall also have the right, without demand or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on the Landlord in notice, without terminating this Lease, to re-enter the Premises and remove all with respect 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 non-any remedies for nonpayment or late payment of Minimum any Rent or additional rent, breach of any covenant. Such property may be exercised by removed and stored in a public warehouse or elsewhere at the Landlord immediately upon default being made by cost of and for the Tenant and without any notice thereof to the account of Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-enterenter the Premises, as herein providedLandlord may terminate this Lease, 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 time, without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, all or any part thereof of the Premises as agent for Tenant 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 , with the Landlord from such reletting shall be applied, first, right to make alterations and repairs to the payment Premises as Landlord, in Landlord's reasonable judgment, considers advisable and necessary for the purpose of any indebtedness, other than rent due hereunder, owing by reletting 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 calculated and paid monthlyPremises. No such re-entry or taking possession of the Leased Premises by the Landlord pursuant to this Section 23.3 shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless the Tenanttermination thereof is decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, the If Landlord may at any time thereafter elect to terminate terminates this Lease for such previous breach. Should or re-enters the Landlord at any time terminate Premises pursuant to this Lease for any breachArticle 23, Tenant shall remain liable (in addition to accrued liabilities) for: (i) any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth unpaid Rent due at the time of termination, plus interest thereon from the due date at the Prime Rate; provided, however, that if such termination interest is limited by law to a lesser amount, Landlord shall be 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 excessRent, 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 anyit 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 of rent and charges equivalent permitted by law. Landlord shall use commercially reasonable efforts to relet the Premises in the event this Lease is terminated pursuant to the rent reserved in provisions of this Lease for the remainder Article 23. Tenant, on its own behalf and on behalf of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Termall persons claiming through Tenant, including, but not limited to, all of creditors, does hereby waive any and all rights and privileges, so far as is permitted by law, which amounts shall be immediately due Tenant and payable from all such persons might otherwise have under any present or future law: (i) to redeem the Tenant Premises; (ii) to reenter or repossess the Landlord.Premises;
Appears in 1 contract
Sources: Supplemental Agreement of Lease (Sports Club Co Inc)
Re-entry. Proviso When:
(a) the Tenant 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, obligations or agreements under this Lease (other than its covenant to pay Rent) and such default has continued for re-entry a period of ten (10) consecutive days (or such shorter period set out in the Landlord's notice as may be reasonable in the circumstances) after written notice by the Landlord on non-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 rent 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 non-performance or non-observance has thereafter failed to prosecute the curing of covenants. The Landlord’s right such failure with due diligence;
(c) an execution issues against any property of re-entry hereunder the Tenant or any powers conferred on guarantor or indemnifier of this Lease and remains outstanding for more than ten (10) days, or any receiver of any property of the Landlord 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 the winding up, dissolution or liquidation of the Tenant or any guarantor or indemnifier of this Lease, all or with respect a view to non-payment the restructuring or compromise of Minimum Rent any debt or additional rentother obligation of the Tenant or any guarantor or indemnifier of this Lease;
(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, may be exercised by or have become vacant or have remained unoccupied for a period of five (5) consecutive days without the consent of the Landlord immediately upon default being made (which consent shall not be unreasonably withheld), or the Premises have been used by any other person or persons other than the Tenant and without or any notice thereof to person permitted by Article VIII hereof; or
(f) the Tenant, notwithstanding anything contained herein Tenant or any company with which the Tenant is affiliated or associated (as those terms are defined in the Commercial TenanciesAct Business Corporations Act, 1990 of Ontario to the contrary. If 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 elects to re-enter(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, as herein provided1990 of Ontario, or if it takes possession pursuant to 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 proceedings or pursuant to any notice provided for by law, it process whatever 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 forthwith re‑enter the Leased Premises, Premises or any part thereof in the name of the whole and repossess the same as of its former estate, anything contained in any statute or law to the contrary notwithstanding. The Landlord may expel all persons and remove all property from the Premises and such property may be removed and sold or disposed of by the Landlord as it deems advisable or may be stored in a public warehouse or elsewhere at the cost and for such term the account of the Tenant without the Landlord being considered guilty of trespass or terms (conversion or becoming liable for any loss or damage which may be for a term or terms extending beyond occasioned thereby, provided, however, that such forfeiture shall be wholly without prejudice to the Term right 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 recover arrears of rent and damages for any indebtedness, other than rent due hereunder, owing antecedent default by the Tenant of its [*****] Confidential Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect 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 hereunderthis omitted information. 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 calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by the Landlord shall be construed as an election on its part to terminate covenants under this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breachLease. Should the Landlord at any time terminate this Lease for by reason of any breachsuch event, then, in addition to any other remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason as a result of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlordtermination.
Appears in 1 contract
Sources: Office Lease (Fluidigm Corp)
Re-entry. Proviso for To re-entry by enter the Landlord on non-payment of rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder Premises and remove all persons and all or any powers conferred 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 negligent, willful or wanton acts or omissions of the 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 Landlord in this Lease, all with respect to non-payment part 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-entermay, as herein providedat Landlord's option, 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, necessary in order to relet relet, and may relet, the Leased Premises, Premises or any part thereof for such term or terms (which may be parts thereof, without notice to Tenant, for a term or terms extending beyond which may at Landlord's option be less than or exceed the period which would otherwise have instituted the balance of the Term of this Lease) Lease and at such rental rent or rentals rents and upon such other terms and conditions as the Landlord in its Landlord's sole and absolute discretion may deem advisable. Upon 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 rentals rents received by the Landlord from such reletting shall be applied, : first, to the payment of any indebtedness, indebtedness other than rent due hereunder, owing by the hereunder from Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including reasonable brokerage fees, solicitor’s fees and the reasonable attorney's fees and all costs of such alterations and repairs; third, to the payment of all rentals rent 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 it may become due and payable hereunder. If the such 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 calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by or the Landlord making of alternations and/or improvements thereto or the reletting thereof shall be construed as an election on its the part of Landlord to terminate this Lease unless a written notice of such intention is be given to Tenant. Landlord shall in no event be liable in any way whatsoever for 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 as Tenant's agent to collect the rents due and to become due under all subleases of the Premises or any parts thereof without in any way affecting Tenant's obligation to pay any unpaid balance of rent due or to become due hereunder. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.
Appears in 1 contract
Re-entry. Proviso When:
(a) the Tenant shall be in default in the payment of any Rent, whethjr lawfully demanded or not, and such default shall continue for re-entry a period of ten (10) consecutive days after notice by the Landlord on non-payment to the Tenant;
(b) the Tenant shall be in default of rent any of its covenants, obligations or non-performance or non-observance agreements under this Lease (other than its covenant to pay rent) and such default shall have continued for a period 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 ten (10) consecutive days after notice by the Landlord immediately upon default being made by to the Tenant specifying with reasonable particularity the nature of such default and without requiring the same to be remedied;
(c) any notice thereof property of the Tenant has been sold under a valid writ of execution, or the Tenant shall have made an assignment for the benefit of creditors, or shall make any assignment or have had a receiving order made against it under the Bankruptcy Act, or if the Tenant has become bankrupt or insolvent and shall have made application for relief under the provisions of any statute now or hereafter in force concerning bankrupt or insolvent debtors, or any action whatever, legislative or otherwise, shall have been taken with a view to the winding up, dissolution or liquidation of 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 a receiver of any of the Tenant's goods or pursuant to chattels has been appointed;
(d) any notice provided for insurance policy is cancelled or not renewed by law, it may either terminate this Lease any insurer by reason of any particular use or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet occupation of the Leased Premises; or
(e) the leased Premises shall have been abandoned, or have become vacant or shall have remained unoccupied for a period of five (5) consecutive days without the consent of the Landlord (which consent shall not be unreasonably withheld), or the Leased Premises shall have been used by any other person or persons other than the Tenant or any person permitted by Article Vill hereof., 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 forthwith re-enter the Leased Premises or any part thereof in the name of the whole and repossess and enjoy the same as of its former estate, anything contained in any statute or law to the contrary notwithstanding. Such forfeiture shall be wholly without prejudice to the right of the Landlord to recover arrears of Rent and damages for such term any antecedent breach of the covenants, obligations or terms (which may be for a term or terms extending beyond agreements of the Term of Tenant under 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 calculated and paid monthly. No such re-entry or 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 of such intention is given to the Tenant. Notwithstanding any such reletting without terminationforfeiture, the Landlord may at any time thereafter elect to terminate subsequently recover from the Tenant damages for loss of Rent suffered by reason of this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, having been prematurely determined and it may recover from the Tenant all damages it has incurred or may incur by reason of such breachwith respect thereto, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease Rent for the remainder of the stated Term over the then reasonable rental value as determined by of the Landlord Leased Premises for the remainder of the stated Term, all of which amounts Rent shall be immediately due and payable from the Tenant to the Landlord. In determining the Rent which would be payable under this Lease by the Tenant subsequent to default, the annual Rent for each year of the unexpired portion of the Term shall be equal to the average annual Rent payable by the Tenant (a) from the Basic Rent Commencement Date to the time of default, or (b) during the three (3) full calendar years preceding such default, whichever period is shorter.
Appears in 1 contract
Sources: Lease Agreement (It Staffing LTD)
Re-entry. 14.01 Proviso for re-entry by the Landlord on non-payment of rent or non-performance or non-observance of covenants. The Landlord’s right .
14.02 Notwithstanding any statutory provision to the contrary, if the Tenant shall fail to comply with any of re-entry hereunder or its covenants herein contained including the covenant to pay Minimum Rent and any powers conferred on the Landlord in additional rent due pursuant to this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon may give to the Tenant not less than five (5) days written notice requiring such default being made to be remedied and if such default is not remedied by the Tenant within the aforesaid five (5) day period, then and without in any notice thereof such case, the Landlord shall be entitled to proceed against the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario Tenant pursuant to the contrary. 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 for by law, it may either terminate this Lease or it may may, from time to time time, without terminating this Lease, make such alterations and repairs as may be necessary, 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 Landlord, in its sole discretion 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 '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 the month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or 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 of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s 's fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.
Appears in 1 contract
Re-entry. Proviso for re-entry 6.1.1 Where there occurs a breach by the Landlord on non-Tenant of Clause 3.9 and/or following the incidence of damage to or destruction of the Property and subject to receipt of all necessary consents licences permissions and the like to apply the proceeds of the policy of the insurance or payment under the Risk Protection Arrangement received for those purposes in rebuilding and reinstating the Property (provided that this covenant should be satisfied if the Tenant provides premises not necessarily identical to the Property as the same existing prior to such damage or destruction occurring) as soon as may be reasonably practicable provided that in case it shall be impossible or impracticable to reinstate the Property in accordance with the provisions of rent this Clause Insurance within 3 years of the date of damage or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred destruction occurring either party may serve written notice on the Landlord other to terminate this Lease and upon service of such notice this Lease shall immediately cease and determine but without prejudice to the rights of either party against the other in respect of any prior breach of any obligation contained in this Lease, all with respect to non-payment Lease and any monies received under the said policy of Minimum Rent insurance or additional rent, may under the Risk Protection Arrangement whether before or after the termination of this Lease shall be exercised paid by the Tenant on receipt to the Landlord immediately upon default being made and shall as between the Landlord and the Tenant belong to the Landlord absolutely; of this Lease and the Landlord has served written notice specifying such breach and the remedial action required by the Tenant and without any notice thereof 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, notwithstanding anything contained herein Tenant is dissolved or in struck off or removed from the Commercial TenanciesAct Register of Ontario Companies or otherwise ceases to the contrary. If exist then it is lawful for 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 person authorised 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 calculated and paid monthly. No such re-entry or 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 of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for afterwards to re-enter upon the Property or any breach, part of it in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination name of the excess, if any, of whole and thereupon the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.absolutely determines without
Appears in 1 contract
Sources: Lease
Re-entry. Proviso When:
(a) the Tenant fails to pay when due any Rent, whether lawfully demanded or not; after five (5) days’ prior written notice from the Landlord;
(b) the Tenant is in default of any of its covenants, obligations or agreements under this Lease (other than its covenant to pay Rent) and such default has continued for re-entry a period of ten (10) consecutive days (or such shorter period set out in the Landlord's notice as may be reasonable in the circumstances) after notice by the Landlord on non-to the Tenant specifying with 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 rent 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 non-performance or non-observance has thereafter failed to prosecute the curing of covenants. The Landlord’s right such failure with due diligence;
(c) an execution issues against any property of re-entry hereunder the Tenant or any powers conferred on guarantor or indemnifier of this Lease and remains outstanding for more than ten (10) days, or any receiver of any property of the Landlord 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 the winding up, dissolution or liquidation of the Tenant or any guarantor or indemnifier of this Lease, all or with respect a view to non-payment the restructuring or compromise of Minimum Rent any debt or additional rentother obligation of the Tenant or any guarantor or indemnifier of this Lease;
(d) any insurance policy is cancelled or not renewed by any insurer by reason of any particular use or occupation of the Premises; or
(e) the Premises have been abandoned, may be exercised by or have become vacant or have remained unoccupied for a period of five (5) consecutive days without the consent of the Landlord immediately upon default being made (which consent shall not be unreasonably withheld), or the Premises have been used by any other person or persons other than the Tenant and without or any notice thereof to person permitted by Article VIII hereof.
(f) the Tenant, notwithstanding anything contained herein Tenant or any company with which the Tenant is affiliated or associated (as those terms are defined in the Commercial TenanciesAct Business Corporations Act, 1990 of Ontario to the contrary. If 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 elects to (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 forthwith 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 enter the Leased Premises, Premises or any part thereof in the name of the whole and repossess the same as of its former estate, anything contained in any statute or law to the contrary notwithstanding. The Landlord may expel all persons and remove all property from the Premises and such property may be removed and sold or disposed of by the Landlord as it deems advisable or may be stored in a public warehouse or elsewhere at the cost and for such term the account of the Tenant without the Landlord being considered guilty of trespass or terms (conversion or becoming liable for any loss or damage which may be for a term or terms extending beyond occasioned thereby, provided, however, that such forfeiture shall be wholly without prejudice to the Term right 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 recover arrears of rent and damages for any indebtedness, other than rent due hereunder, owing antecedent default 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 calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by the Landlord shall be construed as an election on its part to terminate covenants under this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breachLease. Should the Landlord at any time terminate this Lease for by reason of any breachsuch event, then, in addition to any other remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason as a result of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlordtermination.
Appears in 1 contract
Re-entry. Proviso If and whenever:
(a) the Tenant fails to pay any Minimum Rent, additional rent or other sums due hereunder on the day or dates appointed for re-entry by the payment thereof (provided the Landlord on non-payment first gives three (3) business days written notice to the Tenant of rent any such failure); or
(b) the Tenant fails to observe or non-performance perform any other of the terms, covenants or non-observance conditions of covenants. The Landlord’s right of re-entry hereunder this Lease to be observed 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 performed by the Tenant (other than the terms, covenant or conditions set out below in subparagraphs (c) to (i), inclusive, for which no notice shall be required) provided the Landlord first gives the Tenant ten (10) business days, or such shorter period of time as is otherwise provided herein, written notice of any such failure to perform and without the Tenant within such period of ten (10) business days fails to commence diligently and thereafter to proceed diligently to cure any notice such failure to perform; or
(c) the Tenant or any Indemnifier of this Lease or any person occupying the Leased Premises or any part thereof or any licensee, concessionaire or franchisee operating business in the Leased Premises becomes bankrupt or insolvent or takes benefit of any act now or hereafter in force for bankrupt or insolvent debtors or files any proposal or makes any assignment for the benefit of creditors or any arrangement or compromise; or
(d) a receiver or a receiver and manager is appointed for all or a portion of the Tenant’s property or any such Indemnifier’s, occupant’s, licensee’s, concessionaire’s or franchisee’s property;
(e) the Tenant abandons or attempts to abandon the Leased Premises or sells or disposes of property of the Tenant or removes it from the Premises so that there does not remain sufficient property of the Tenant on the Leased Premises subject to distress to satisfy all rentals due or accruing hereunder for at least twelve (12) months;
(f) the Leased Premises become and remain vacant for a period of ten (10) consecutive days or are used by any person, other than such as are entitled to use them;
(g) this Lease or any of the Tenant’s assets are taken under any writ of execution;
(h) steps are taken or proceedings are instituted for the dissolution, winding up, or liquidation of the Tenant or its assets; or
(i) the Tenant makes or attempts to make a bulk sale of any of its assets (except for a bulk sale made to a transferee where the transfer has been consented to by the Landlord); then, and in every such case, the then current month’s rent and the next ensuing three months’ rent and additional rent shall immediately become due and payable as accelerated rent, and, the Landlord shall have all rights and remedies available to it under this Lease and at law and at the option of the Landlord, the Landlord may immediately re-enter the Leased Premises repossess them and expel all persons from the Leased Premises, and may remove all property from the Leased Premises, sell or dispose of it as the Landlord considers appropriate, or store it in a public warehouse or elsewhere at the cost of the Tenant, notwithstanding anything contained herein all without service of notice, without legal proceedings and without liability for loss or in the Commercial TenanciesAct of Ontario to the contrarydamage. 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 calculated and paid monthly. No such re-entry or 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 of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.
Appears in 1 contract
Sources: Lease Agreement (Eloqua, Inc.)
Re-entry. Proviso for re-entry by If the Landlord on non-payment of rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder Rent hereby reserved, or any powers conferred on part thereof, shall be in arrears or if the Landlord Tenant shall default in the observance or performance of any of the Tenant's other covenants or agreements contained in this Lease, all with respect and the Tenant fails to pay such arrears within sixty (60) days of receipt of notice in writing from the Landlord or if the Tenant fails to remedy the non-payment rental default within sixty (60) days after receipt of Minimum Rent notice from the Landlord (or additional rentsuch longer period as is reasonably required under the circumstances so long as the Tenant commences to remedy within such sixty (60) day period), the Landlord may, in addition to any other remedies the Landlord may have, either in this Lease or at law, re-enter the Premises and the Term hereby granted shall thereupon be terminated. Notwithstanding the foregoing, and without limiting the remedies of the Landlord, in the event the Tenant fails to remedy a non- rental default within the above-specified notice period, and provided the Tenant is not bona fide disputing the non-rental default, upon the expiration of the above-specified notice period the Landlord, at its option, acting reasonably, may be exercised by remedy the Landlord immediately upon non-rental default being made by on behalf of 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 charge 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 calculated and paid monthly. No such re-entry or 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 of such intention is given thereof to the Tenant. Notwithstanding any such reletting without terminationother provision of this Lease, the Landlord may at any from time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition resort to any remedies it may have, it may recover from the Tenant or all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, rights and remedies available to it in the event of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined any uncured default hereunder by the Landlord for the remainder Tenant, either by any provision of the stated Termthis Lease, by statute or common law, all of which amounts shall rights and remedies are intended to be immediately due cumulative and payable from the Tenant not alternative. The express provisions contained in this Lease as to certain rights and remedies are not to be interpreted as excluding any other or additional rights and remedies available to the LandlordLandlord by statute or common law.
Appears in 1 contract
Sources: Lease Agreement
Re-entry. Proviso for re-entry In the event of any Default by Tenant, Landlord shall also have the Landlord on non-payment of rent right, with or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on the Landlord in without terminating this Lease, in compliance with applicable law, to re-enter the Premises and remove all with respect to non-payment of Minimum Rent or additional rent, persons and property from the Premises; such property may be exercised removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. Reletting. In the event of the abandonment of the Premises 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 event that Landlord elects shall elect to re-enter, enter as herein provided, provided in Paragraph 26(c) or if it takes shall take possession of the Premises pursuant to legal proceedings proceeding or pursuant to any notice provided for by law, it may either then if Landlord does not elect to terminate this Lease or it as provided in ▇▇▇▇▇▇▇▇▇ ▇▇(▇), ▇▇▇▇▇▇▇▇ may from time to time time, without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, 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 advisableadvisable with the right to make alterations and repairs to the Premises in Landlord's sole discretion. Upon each such reletting all In the event that Landlord shall elect to so relet, then rentals received by the Landlord from such reletting shall be applied, first, applied in the following order: (i) to reasonable attorneys' fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii) to the payment of any indebtedness, indebtedness other than rent Rent due hereunder, owing by the hereunder from Tenant to the Landlord; second, (iii) 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, (iv) to the payment of all rentals the costs of any alterations and repairs to the Premises; (v) to the payment of Rent due and unpaid hereunder, ; and (vi) the residue, if any, shall be held by the Landlord and applied in payment of future rent Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. If the Should that portion of such rentals received from such reletting during any month shall month, which is applied to the payment of Rent hereunder, be less than that to be paid the Rent payable during that the month by the Tenant hereunder, the then Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such re-entry reletting or taking possession of the Leased Premises in making such alterations and repairs not covered by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of rentals received from such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlordreletting.
Appears in 1 contract
Sources: Lease Agreement (Cepheid)
Re-entry. Proviso (a) If and whenever during the Term:
(i) the Principal Rent (under this Lease or under any Related Lease) is outstanding for re-entry by more than ten (10) Business Days (the Landlord on non-payment Principal Rent Default Period) after becoming due whether formally demanded or not (provided that if any two or more payments of rent Principal Rent (whether under this Lease or non-performance or non-observance a Related Lease) have been outstanding for more than ten (10) Business Days in the immediately preceding twelve month period then the Principal Rent Default Period shall be reduced to three (3) Business Days but only for so long as the foregoing proviso applies after which the Principal Rent Default Period will increase back to ten (10) Business Days) and provided that following a Permitted Assignment to an entity which is not a member of covenants. The Landlord’s right of re-entry hereunder the Circle Group the above references will be limited to the Principal Rent under the Lease and not also the Principal Rent under any Related Lease or
(ii) the Rents (or any powers conferred on part of them) under this Lease (other than the Landlord Principal Rent) is outstanding for more than ten (10) Business Days (the Rents Default Period) after becoming due and written demand having been made (provided that if any two or more payments of the Rents other than the Principal Rent (whether under this Lease or a Related Lease) have been outstanding for more than ten (10) Business Days in this Lease, all with respect the immediately preceding twelve month period then the Rents Default Period shall be reduced to non-payment three (3) Business Days but only for so long as the foregoing proviso applies after which the Rents Default Period will increase back to ten (10) Business Days) and provided that following a Permitted Assignment to an entity which is not a member of Minimum Rent or additional rent, may the Circle Group the above references will be exercised by limited to the Landlord immediately upon default being made Rents (other than the Principal Rent) under the Lease and not also to the Rents (other than the Principal Rent) under any Related Lease or
(iii) there is a breach by the Tenant and without of any notice thereof to the Tenant, notwithstanding anything contained herein covenant or in the Commercial TenanciesAct other term 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 any document expressed to time without terminating be supplemental to this Lease, make such alterations and repairs as may be necessary, in order Lease or
(iv) the Tenant or the Surety commits or permits an Act of Insolvency then subject 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 Leaseclause 7.1(b) 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 calculated and paid monthly. No such re-entry or 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 of such intention is given to the Tenant. Notwithstanding any such reletting without termination, (c) the Landlord may at any time thereafter elect prior (in the case of (i), (ii) and (iii) above) to terminate this Lease for such previous breach. Should Principal Rent or Rents being paid or the Landlord breach having been made good re-enter the Premises or any part of them in the name of the whole at any time terminate and even if any previous right of re-entry has been waived and then the Term will absolutely cease but without prejudice to any rights or remedies which may have accrued to the Landlord against the Tenant in respect of any breach of covenant or other term of this Lease including the breach in respect of which the re-entry is made
(A) (1) six or more leases (which were, when terminated, Related Leases) have been terminated and/or (in any combination) (2) the relevant landlord has a right and intention to terminate six or more such Related Leases (and for any breachthis purpose only the landlord shall, in addition to any remedies it may havethe rights set out in clause 7.1(a), it may recover from be deemed also to have a right to terminate if the Tenant (or the tenant of a Related Lease) is in breach of Clause 11.2 (or the equivalent provision in the Related Lease)), provided that, for the purposes of this clause only, the right of the relevant landlord to terminate any such Related Leases shall, in relation to a breach of clause 4.3, only arise where the Tenant is also in breach of its obligations under clause 4.10(c);
(B) (1) leases (which were, when terminated, Related Leases) have been terminated and/or (in any combination) (2) the relevant landlord has a right and intention to terminate such Related Leases (and for this purpose only the landlord shall, in addition to the rights set out in clause 7.1(a), be deemed also to have a right to terminate if the Tenant (or the tenant of a Related Lease) is in breach of Clause 11.2 (or the equivalent provision in the Related Lease)) and the aggregate Principal Rent payable (or which would, but for such termination, have been payable) under such leases is equal to or greater than 25% of the aggregate Principal Rent payable (or which would, but for such termination, have been payable) under all damages it leases which were, at the date of the Supplemental Deed, Related Leases; or
(C) (1) leases (which were, when terminated, Related Leases) have been terminated and/or (in any combination) (2) the relevant landlord has incurred a right and intention to terminate such Related Leases (and for this purpose only the landlord shall, in addition to the rights set out in clause 7.1(a), be deemed also to have a right to terminate if the Tenant (or may incur the tenant of a Related Lease) is in breach of Clause 11.2 (or the equivalent provision in the Related Lease)) and the aggregate Tenant EBITDAR earned (or which would, but for such termination, have been earned) by reason the tenant of such breachleases is equal to or greater than 25% of the aggregate Tenant EBITDAR earned (or which would, including but for such termination, have been earned) by the cost tenants of recovering the Leased Premisesall leases which were, reasonable solicitor’s fees, and including the worth at the time of such termination date of the excessSupplemental Deed, Related Leases. Provided that termination shall (i) where the Related Lease relates to property located in England or Wales not be permitted if any, the Landlord has terminated and the Tenant has applied for relief against re-entry or forfeiture until the court has finally disposed of the amount Tenant’s application and (ii) where the Related Lease relates to property located in Scotland only occur where the Landlord has terminated by serving on the Tenant a notice of rent irritancy and charges equivalent a Scottish court has granted decree in an action for declarator of irritancy at the instance of the Landlord against the Tenant. And provided further that Clause 7.1(a)(v) shall no longer apply following any Permitted Assignment to an entity which is not a member of the Circle Group.
(b) The Landlord shall not exercise the right of re-entry pursuant to clause 7.1(i) or (ii) without first giving not less than ten (10) Business Days’ written notice (the Notice Period) to the rent reserved Tenant of its intention to exercise such right of re-entry such notice to provide full details of all amounts of Principal Rent and other Rents outstanding and the relevant lease or leases under which such amounts are due (whether such lease or leases be this Lease or a Related Lease) provided that if any two or more payments of Principal Rent or other Rents (whether under this Lease or a Related Lease or Related Leases) have been outstanding for more than ten (10) Business Days in the immediately preceding twelve month period then the Notice Period shall be reduced to three (3) Business Days but only for so long as the foregoing proviso applies after which the Notice Period will increase back to ten (10) Business Days
(c) The Landlord shall give written notice (including, without limitation, the same period of written notice as detailed at clause 7.1(b) regarding non-payment of the Principal Rent or other Rents) to any mortgagee of the Tenant of which the Landlord has prior written notice prior to exercising the right of re-entry contained in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the LandlordLease.
Appears in 1 contract
Re-entry. Proviso for reIn any case in which this Lease shall have been terminated, or in any case in which Landlord shall have elected to recover the Accelerated Rent Component and any portion of such sum shall remain unpaid, Landlord may, without further notice and without prejudice to any other remedy Landlord may have, enter upon and repossess the Demised Premises, by force, summary proceedings, ejectment or otherwise, and may dispossess Tenant and remove Tenant and all other persons and property from the Demised Premises, without resorting to the dispossessory procedures set forth in O.C.G.A. Sections 44-entry by 7-50 ET. SEQ., and may expel or remove Tenant and any of Tenant's property, and may change or replace the 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 locks on the Landlord in this Leasedoor(s) to the Demised Premises, all with respect to non-payment of Minimum Rent without being liable for any claim for trespass, loss or additional rentdamage therefor, and may be exercised by have, hold and enjoy the Demised Premises and the rents and profits therefrom. Landlord immediately upon default being made by the Tenant and without any notice thereof to the may, in its own name, as agent for Tenant, notwithstanding anything contained herein if this Lease has not been terminated, or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-enterits own behalf, 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 Leasehas been terminated, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, Demised Premises or any part thereof for such term or terms (which may be for a greater or less than the period which would otherwise have constituted the balance of the term or terms extending beyond the Term of this Lease) and at on such rental terms, conditions and provisions (which may include concessions or rentals and upon such other terms and conditions free rent) as the Landlord in its sole discretion may deem advisabledetermine. Upon each Landlord may, in connection with any such reletting all rentals received by reletting, cause the Landlord from Demised Premises to be redecorated, altered, divided, consolidated with other space or otherwise changed or prepared for reletting. At Landlord's option, such reletting shall or shall not 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 deemed a surrender 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 calculated and paid monthly. No such re-entry or taking possession acceptance of the Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Demised Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.
Appears in 1 contract
Sources: Office Lease (CTN Media Group Inc)
Re-entry. Proviso It is hereby agreed that when:
(a) the Tenant shall be in default in the payment of any rent, for re-entry a period of seven (7) days after having received notice of default;
(b) the Tenant shall be in default of any of its terms, covenants, obligations and stipulations, conditions and agreements under this Lease (other than its covenant to pay rent) and such default shall have continued for a period of ten (10) consecutive days after notice by the Landlord on non-payment to the Tenant specifying with reasonable particularity the nature of such default and requiring the same to be remedied, provided further that if the Tenant is taking steps to remedy and cannot complete within ten (10) days, such ten (10) day period shall be extended as the Landlord reasonably determines to permit the Tenant to remedy;
(c) any property of the Tenant has been sold under a valid writ of execution, or the Tenant shall have made an assignment for the benefit of creditors, or have had a receiving order made against it under the Bankruptcy and Insolvency Act, R.S.C 1985, as amended, or becoming bankrupt or insolvent, or shall have made application for relief under the provisions of any statute now or hereafter in force concerning bankrupt or insolvent debtors, or any action whatever, legislative or otherwise, shall have been taken with a view to the winding up, dissolution or liquidation of the Tenant;
(d) any insurance policy is cancelled or not renewed by an insurer by reason of any particular use or occupation of the Premises, or;
(e) the Premises shall have been vacated or have become vacant or shall have remained unoccupied for a period of fifteen (15) consecutive days; then and in any of such cases, the then current month's rent together with the rent for the three (3) months 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 non-performance or non-observance any form of covenants. The Landlord’s right of legal process whatsoever may forthwith re-entry hereunder or any powers conferred on enter 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, Premises or any part thereof in the name of the whole and repossess and enjoy the same as of its former estate, anything contained in any statute or law to the contrary notwithstanding. Such forfeiture shall be wholly without prejudice to the right of the Landlord to recover arrears of rent and damages for such term or terms (which may be for a term or terms extending beyond any antecedent breach of the Term terms, covenants, obligations and stipulations, conditions and agreements of the Tenant under 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 calculated and paid monthly. No such re-entry or 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 of such intention is given to the Tenant. Notwithstanding any such reletting without termination, forfeiture the Landlord may at any time thereafter elect to terminate subsequently recover from the Tenant damages for loss of rent suffered by reason of this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, having been prematurely determined and it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, with respect thereto including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.
Appears in 1 contract
Sources: Lease Agreement (International Menu Solutions Corp)
Re-entry. Proviso If:
(a) any part of the Rent, Service Charges, Government Rent, Government Rates or any other sum payable under this Agreement is unpaid for 14 days after
(b) the Tenant commits any breach of this Agreement;
(c) the Tenant is insolvent which for the purposes of this Agreement means:
(i) the Tenant (being an individual) becomes bankrupt or the Tenant (being a corporation) goes into liquidation or a receiving order is made against it;
(ii) a receiver is appointed in respect of any of the Tenant’s assets;
(iii) possession of any of the Tenant’s assets is taken by a chargee or mortgagee;
(iv) any distress or execution is levied on the Premises or on any of the Tenant’s assets;
(v) the Tenant stops or suspends payment of its debts or is unable or admits it is unable to pay them;
(vi) the Tenant enters into a scheme of arrangement with its creditors;
(vii) the Tenant stops or suspends the carrying on of its business or threatens to do so;
(viii) the Tenant fails to satisfy any judgment given in any action against it unless such judgment has been appealed within the requisite time limit and that appeal has not yet been disposed of; or
(ix) any other similar event, action or proceeding occurs or is taken in respect of the Tenant in any jurisdiction; or
(d) the Tenant continues to cause unnecessary annoyance, inconvenience or disturbance to the Landlord or any neighbouring tenants or occupiers after the Landlord has served a written warning on the Tenant. For the purpose of this Sub-clause 6.1(d), persistent failure to pay Rent as and when it falls due will be regarded as causing unnecessary annoyance, inconvenience or disturbance to the Landlord or any neighbouring tenants or occupiers, the Landlord may, without prejudice to the Landlord’s other rights and remedies, at any time re-entry by enter the Premises or any part of them in the name of the whole whereupon this Agreement shall end but any right of action of the Landlord on non-payment of rent or non-performance or non-observance of covenants. The under this Agreement (including without limitation to the Landlord’s right of re-entry hereunder or any powers conferred on to demand payment and claim against the Landlord in this Lease, Tenant for all with respect to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made remaining rent and other payments due and payable 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 calculated and paid monthly. No such re-entry or 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 of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in under this Lease for the remainder remaining unexpired Term of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts this Agreement) shall be immediately due and payable from preserved. The Landlord may exercise its rights under this Clause 6.1 (Re-Entry) by serving written notice on the Tenant without physically entering the Premises notwithstanding any statutory or common law provision to the Landlordcontrary.
Appears in 1 contract
Sources: Lease Agreement
Re-entry. Proviso for re-entry by By Landlord 16. Landlord reserves and shall at all times have the 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 Leaseright, all with respect upon reasonable prior verbal notice 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 (except in the Commercial TenanciesAct event of Ontario to emergency or the contrary. If the Landlord elects provision of routine services, in which no such notice shall be required), to re-enterenter the Premises to inspect the same, as herein providedto supply janitor service and any other service to be provided by Landlord to Tenant hereunder, to show said Premises to prospective purchasers, mortgagees or tenants, to post notices of nonresponsibility, and to alter, improve, or if it takes possession pursuant repair the Premises and any portion of the Building of which the Premises are a part or to legal proceedings which access is conveniently made through the Premises, without abatement of rent, and may for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises where reasonably required by the character of the work to be performed, provided that entrance to the Premises shall not be blocked thereby, and further provided that the business of Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages for any injury or pursuant inconvenience to or interference with Tenant's business, any notice provided for by lawloss of occupancy or quiet enjoyment of the Premises, it and any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors, in, upon, and about the Premises, and Landlord shall have the right to use any and all means which Landlord may either terminate this Lease deem necessary or it may from time proper to time without terminating this Lease, make such alterations and repairs as may be necessaryopen said doors in an emergency, in order to relet obtain entry to any portion of the Leased Premises, and any entry to the Premises, or portions thereof obtained by Landlord by any part thereof for such term of said means, or terms (which may otherwise, shall not under any circumstances be for construed or deemed to be a term forcible or terms extending beyond unlawful entry into, or a detainer of, the Term Premises, or an eviction, actual or constructive, of this Lease) Tenant from the Premises or any portions thereof. Landlord shall also have the right at any time, without the same constituting an actual or constructive eviction 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, firstwithout incurring any liability to Tenant therefor, to change the payment arrangement and/or location of any indebtednessentrances or passage ways, other than rent due hereunder, owing by the Tenant to the Landlord; second, to the payment of any costs doors 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 hereunderdoorways, and the residuecorridors, if anyelevators, 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 hereunderstairs, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry toilets, or taking possession other public parts of the Leased Premises Building and to change the name, number or designation by which the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention Building is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlordcommonly known.
Appears in 1 contract
Sources: Office Lease Agreement (Ultimate Software Group Inc)
Re-entry. Proviso When:
(a) the Tenant shall be in default in the payment of any Rent, whether lawfully demanded or not, and such default shall continue for re-entry a period of five (5) consecutive days after notice by the Landlord on non-payment to the Tenant,
(b) the Tenant shall be in default of rent any of its covenants, obligations or non-performance or non-observance agreements under this Lease (other than its covenant to pay Rent) and such default shall have continued for a period 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 ten (10) consecutive days after notice by the Landlord immediately upon default being made by to the Tenant specifying with reasonable particularity the nature of such default and without requiring the same to be remedied,
(c) any notice thereof property of the Tenant has been sold under a valid writ of execution, or the Tenant shall have made an assignment for the benefit of creditors, or shall make any assignment or have had a receiving order made against it under the Bankruptcy Act, or becoming bankrupt or insolvent shall have made application for relief under the provisions of any statute now or hereafter in force concerning bankrupt or insolvent debtors, or any action whatever, legislative or otherwise, shall have been taken with a view to the winding up, dissolution or liquidation of the Tenant, notwithstanding anything contained herein ,
(d) any insurance policy is cancelled or in the Commercial TenanciesAct not renewed by an insurer by reason of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, any particular use 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 occupation of the Leased Premises, or,
(e) the Leased Premises shall have been vacated or have become vacant or shall have remained unoccupied for a period of fifteen (15) consecutive days. 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 forthwith re-enter the Leased Premises or any part thereof in the name of the whole and repossess and enjoy the same as of its former estate, anything contained in any statute or law to the contrary notwithstanding. Such forfeiture shall be wholly without prejudice to the right of the Landlord to recover arrears of Rent and damages for such term any antecedent breach of the covenants, obligations or terms (which may be for a term or terms extending beyond agreements of the Term of Tenant under 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 calculated and paid monthly. No such re-entry or 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 of such intention is given to the Tenant. Notwithstanding any such reletting without termination, forfeiture the Landlord may at any time thereafter elect to terminate subsequently recover from the Tenant damages for loss of Rent suffered by reason of this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, having been prematurely determined and it may recover from the Tenant all damages it has incurred or may incur by reason of such breachwith respect thereto, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease Rent, for the remainder of the stated Term over the then reasonable rental value as determined by of the Landlord Leased Premises for the remainder of the stated Term, all of which amounts Rent shall be immediately due and payable from the Tenant to the Landlord. In determining the Rent which would be payable under this Lease by the Tenant subsequent to default, the annual rent for each year of the unexpired portion of the Term shall be equal to the average of the aggregate of the Base Rent and Additional Rent paid by the Tenant from the Commencement Date to the time of default, or during the three (3) full calendar years preceding such default, whichever period is shorter.
Appears in 1 contract
Sources: Office Lease (Intellon Corp)
Re-entry. Proviso for re-entry by the 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 calculated and paid monthly. No such re-entry or 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 of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.
Appears in 1 contract
Re-entry. Proviso for re-entry by the 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 Notwithstanding and without prejudice to any notice thereof other remedies and powers herein contained or otherwise available to the Tenant, notwithstanding anything contained herein or in landlord if 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, rents reserved 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, unpaid for Twenty one days after becoming payable whether formally demanded or not or if any covenant on the Tenant's part or condition contained in this Lease shall not be performed or observed or if the Tenant for the time being (being a company) shall enter into liquidation whether compulsory or voluntary (save for the purpose (demonstrated to the payment Landlords reasonable satisfaction) of reconstruction or amalgamation whilst solvent) or pass a resolution for winding up (save as aforesaid) or is unable to pay or has no reasonable prospect of being able to pay its debts within the meaning of Sections 122 and 123 of the Insolvency ▇▇▇ ▇▇▇▇ ("▇▇▇ ▇▇▇▇ ▇▇▇") or summons a meeting of its creditors or any indebtedness, other of them under Part I of the 1986 Act or suffers a petition for an Administration Order in respect of it to be filed in Court or suffers a receiver or administrative receiver to be appointed or being an individual or being more than rent due hereunder, owing by one individual any one of them shall have a receiving order made against him or become bankrupt or is unable to pay or has no reasonable prospect of being able to pay his debts within the meaning of Sections 267 and 268 of the 1986 Act or if 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, (or if any, there shall be held by more than one Tenant any of them) shall enter into composition with their or his creditors or suffer any distress or execution to be levied on their or his goods or if an interim order is made under Part VIII of the Landlord 1986 Act then and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from any such reletting during any month case it 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 calculated and paid monthly. No such re-entry or 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 of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease lawful for such previous breach. Should the Landlord at any time terminate thereafter to re-enter upon the Demised Premises or any part thereof in the name of the whole and thereupon this Lease for any breach, in addition demise shall absolutely determine but without prejudice to any remedies it may have, it may recover from the Tenant all damages it has incurred right of action or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination remedy of the excess, if any, Landlord in respect of any breach non-observance or non-performance of any of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.tenant's covenants or any conditions herein contained
Appears in 1 contract
Sources: Lease (Getty Images Inc)
Re-entry. Proviso 22.1 Subject to clauses 22.2 - 22.4 (inclusive) theLessor mayre-enter the Land where:
(a) rental is in arrears for a period exceeding thirty (30) days after any rent payment date;
(b) the Lessee is in breach of any covenant on the Lessee’s part herein expressed or implied;
(c) the Lessee makes or enters into or attempts to make or enter into any composition, assignment or other arrangement with or for the benefit of the Lessee’s creditors;
(d) the Lessee becomes insolvent, bankrupt or goes into liquidation, and the terms of this Lease shall terminate on such re-entry [and all Lessee’s Improvements on the Land shall vest in and become the property of the Lessor and no compensation or other consideration shall be payable by the Landlord on non-Lessor to the Lessee in respect of any Lessee’s improvements vesting in the Lessor], Termination shall otherwise be without prejudice to the rights of either party against the other.
22.2 Notwithstanding clause 22.1, whilst a Crown Agency is the Lessee under this Lease and should the Crown Agency default in the payment of rent any rental for a period exceeding thirty (30) days or non-performance more or non-observance of covenants. The Landlordotherwise breach any covenant on the Lessee’s right part herein expressed or implied, then before exercising any rights of re-entry hereunder or any powers conferred the Lessor shall serve a notice (“Default Notice”) on the Landlord in this Lease, all Lessee specifying the breach complained of with respect sufficient particularity to non-payment enable the Lessee to clearly identify the default alleged and the period within which remediation must be made and the consequences 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 failure to the Tenantdo so.
22.3 The Default Notice, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If contrary contained in clause 22.1 above, shall specify that:
(a) the Landlord elects Lessee must, within thirty (30) days of receipt of such notice, remedy the default specified; and
(b) that should the Lessee not remedy the default specified within this time, the Lessor shall thereafter be at liberty to re-enter, as herein provided, or if it takes possession enter the Land and to determine the Lease pursuant to legal proceedings or pursuant to this clause 22.
22.4 The Lessor acknowledges that it shall not re-enter the Land unless and until the provisions of clause 22.2 have been satisfied in full and further that 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 calculated and paid monthly. No such re-entry or taking possession contrary to the provisions of the Leased Premises by the Landlord clause 22.2 shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, null and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlordvoid ab initio.
Appears in 1 contract
Sources: Deed of Settlement
Re-entry. Proviso for Upon the occurrence of an Event of Default, Landlord may immediately re-entry enter the Premises by summary proceedings, or by force, or otherwise, without being liable for prosecution therefor; take possession of the 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 Premises and remove all persons therefrom; alter all locks and other security devices on the Landlord in Premises without terminating this Lease, all with respect ; and may elect either 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 as agent for Tenant or otherwise, and 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 thereof for of the personal property of Tenant remaining on the Premises and store the same at Tenant’s expense, provided said 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 term or terms (which entry, such property may at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be for a term retained by Landlord as its property or terms extending beyond be disposed of by Landlord, in Landlord’s sole discretion, and without accountability, at Tenant’s expense; provided, however, in no event may Landlord retain or sell property on 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 Premises that is owned by the Landlord from such reletting United States government or another third party. Tenant shall be appliedobligated to return all keys and access devices to the Premises to Landlord upon Landlord’s re-entering of the 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 shall be deemed unauthorized or constitute a conversion, firstTenant hereby consenting, after any Event of Default, to the payment aforesaid exercise of any indebtedness, other than rent due hereunder, owing by dominion over Tenant’s property within 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 hereunderPremises. 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 calculated and paid monthly. No such reALL CLAIMS FOR DAMAGES BY REASON OF SUCH RE-entry or 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 of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the LandlordENTRY AND/OR REPOSSESSION AND/OR ALTERATIONS OF LOCKS OR OTHER SECURITY DEVICES ARE HEREBY WAIVED.
Appears in 1 contract
Re-entry. Proviso In case of any such re-entry, expiration and/or dispossess by summary proceedings or otherwise, the Annual Base Rent shall become due thereupon and be paid up to the time of such re-entry, dispossess and/or expiration, together with such expenses as Landlord may incur for brokerage, attorneys fees, and/or putting the Demised Premises in good order, or for preparing the same for re-entry by the rental. 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, Demised Premises or any part thereof for such term or terms (which may be parts thereof, either in the name of Landlord or otherwise, for a term or terms extending beyond the Term of this Lease) and which may 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 's option be less than that or exceed the period which may otherwise have constituted the balance of the term of this Lease and may grant reasonable concessions, or free rent; and Tenant or the legal representatives of Tenant shall also pay Landlord as liquidated damages for the failure of Tenant to observe and perform said Tenant's covenants herein contained, any deficiency between (i) all Annual Base Rent and additional charges hereby reserved and/or covenanted to be paid during that month by paid; and (ii) the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or 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 of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excessnet amount, if any, of the amount rents collected on account of rent and charges equivalent the Lease of the Demised Premises for each month of the 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 said deficiency such expenses as Landlord may incur in connection with reletting, such as for brokerage, attorneys' fees, advertising, for keeping the Demised 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 reserved days specified in this Lease and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord, in its discretion, may make such alterations, divisions, repairs, replacements, and/or decorations in the Demised Premises as may be necessary for the remainder purpose of reletting the stated Term over Demised Premises, and the then reasonable rental value making of such alterations and/or decorations shall not operate or be construed to release Tenant from liability hereunder as determined by aforesaid. Landlord shall not be liable for failure to relet the Landlord for the remainder of the stated Term, all of which amounts Demised Premises. The words "re-enter" or "re-entry" as used in this Lease shall not be immediately due and payable from the Tenant restricted to the Landlordtheir technical legal meaning.
Appears in 1 contract
Re-entry. Proviso for Said Lessee will quit and deliver upon the 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 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 the Lessee, the Lessor may re-entry by let the 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 said premises as 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 agent for and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct name of Ontario to the contrary. If Lessee, at any rental readily obtainable, applying 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 proceeds 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 appliedavails thereof, first, to the payment of any indebtednesssuch expense as the Lessor may be put to in re-entering, other than rent due hereunder, owing by the Tenant to the Landlord; second, and then to the payment of any costs said rent as the same may from time to time become due, and expenses toward the fulfillment of such reletting, including brokerage fees, solicitor’s fees the other covenants and agreements of the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunderLessee herein contained, and the residuebalances, if any, shall be held by paid to the Landlord Lessee; and applied in payment the Lessee hereby covenants and agrees that if the Lessor shall recover or take possession of future said premises as aforesaid, and be unable to re-let and 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 so as to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless realize a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent sum equal to the rent reserved in this Lease hereby reserved, the Lessee shall and will pay to the Lessor any and all loss of difference of rent for the remainder residue of the stated Term over term. The Lessee hereby gives to the then reasonable rental value as determined by Lessor the Landlord right to place and maintain its usual “for rent” signs upon the demised premises, in the place that the same are usually displayed on property similar to that herein demised, for the remainder last thirty days of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlordthis lease. “No representation is made that premises are lead free or that these premises are legally habitable.”
Appears in 1 contract
Sources: Assignment of Real Estate Lease (Alliance Data Systems Corp)
Re-entry. Proviso for re-entry by If Tenant shall default in the Landlord on non-payment whend ue of rent or non-performance or non-observance any installment 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 Base 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 payment whend ue of Ontario any Additional Rent and such default shall continue for a period of fifteen (15) days after notice from Landlord to Tenant of such default or if this Lease and the Term shall terminate as provided in Article 21;
22.1.1 Landlord and Landlord's agents may immediately, or at any time after such default or after the date upon which this Lease and the Term shall terminate, re-enter the Premises or any part thereof, without notice, either by summary proceedings or by any other applicable action or proceeding, or by force or otherwise (without being liable to indictment, prosecution or damages therefor),and may repossess thePremises and dispossess Tenant and any other persons from the Premises and remove any or all of its or their property and effects from the Premises, without liability for damage thereto, to the contrary. If end that Landlord may have, hold and enjoy the Landlord elects to re-enterPremises; and
22.1.2 Landlord, as herein providedat the Landlord's option, may relet the whole or if it takes possession pursuant to legal proceedings any part or pursuant to any notice provided for by law, it may either terminate this Lease or it may parts of the Premises from time to time without terminating this Leasetime, make either in the name of Landlord or otherwise, to such alterations and repairs as may be necessarytenant or tenants, in order to relet the Leased Premises, or any part thereof for such term or terms (which may be for a term ending before, on or terms extending beyond after the Term of this Lease) and Expiration Date, at such rental or rentals and upon such other terms conditions, which may include concessions and conditions free rent periods, as the Landlord in its sole discretion may deem advisabledetermine. Upon each such reletting all rentals received by Landlord shall have no obligation to relet the Landlord from such reletting Premises or any part thereof and shall in no event be appliedliable for refusal or failure to relet the Premises or any part thereof, firstor, to in the payment event 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 feesfor refusal or failure to collect any rent upon any such reletting, solicitor’s fees and the costs no such refusal or failure shall operate to relieve Tenant of any liability under this Lease or otherwise to affect any such alterations liability. Landlord, at Landlord's option, ▇▇▇ make such repairs, improvements, alterations, additions, decorations and repairs; third, other physical changes in and to the payment of all rentals due and unpaid hereunderPremises as Landlord, and the residuein its sole discretion, if any, shall be held by the Landlord and applied considers advisable or necessary in payment of future rent as the same may become due and payable hereunder. If the rentals received from connection with any such reletting during or proposed reletting, without relieving Tenant of any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay liability under this Lease or otherwise affecting any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. liability.
22.1.3 No such re-entry or taking possession of the Leased Premises by the Landlord shall be construed as an acceptance of surrender or an election on its part by Landlord to terminate termiante this Lease Lease, unless a Landlord gives written notice to Tenant of such intention is given election. In the event Landlord relets the whole or any part or parts of the Premises pursuant to the Tenant. Notwithstanding any such reletting this Article 22 without terminationterminating this Lease, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlorddefault.
Appears in 1 contract
Re-entry. Proviso for re-entry by If an Event of Default exists, then Landlord shall also have the Landlord on non-payment of rent right and is authorized, with 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, with 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, firstwithout notice, to the payment of any indebtednessextent permitted by applicable law, to re-enter the Premises, change or pick the locks, access codes, or other than rent due hereunder, owing by the Tenant access control devices to the Landlord; second, to Premises or 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 hereunderBuilding, and to take any self-help measures or judicial action to remove and exclude Tenant and other occupants from the residuePremises, if anywithout liability for any resulting Damages. Landlord also is entitled to use the measures in the preceding sentence to remove all property from the Premises, shall which then may be held by stored in a public warehouse or elsewhere at the Landlord cost of and applied in payment for the account of future rent as the same may become due and payable hereunderTenant. If Landlord re-enters the rentals received from such reletting during any month shall Premises or terminates this Lease pursuant to this Section 28.d, then Tenant waives all claims for Damages that may be less than caused by that to be paid during that month re-entry or termination by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such Neither the re-entry or taking possession of the Leased 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 on its part to terminate this Lease unless a written notice of such Landlord's intention to terminate the Lease is given to Tenant or unless the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excessLease is decreed by a court of competent jurisdiction, if any, of the amount of rent and charges equivalent to the rent reserved Tenant's obligations shall remain in this Lease effect for the remainder of the stated Term over Term. To the then reasonable rental value as determined by extent of any inconsistency or conflict between this Lease and the Landlord for the remainder provisions of Section 93.002 of the stated TermTexas 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 without inclining any liability for damage resulting from these actions, including, without limitation, any liability arising under Chapter 93 of the TPC, 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 rights granted to Tenant by Chapter 93 of which amounts shall be immediately due and payable from the Tenant to the LandlordTPC.
Appears in 1 contract
Re-entry. Proviso for re-entry 6.1.1 Where there occurs a breach by the Landlord on non-Tenant of Clause 3.9 and/or following the incidence of damage to or destruction of the Property and subject to receipt of all necessary consents licences permissions and the like to apply the proceeds of the policy of the insurance or payment under the Risk Protection Arrangement received for those purposes in rebuilding and reinstating the Property (provided that this covenant should be satisfied if the Tenant provides premises not necessarily identical to the Property as the same existing prior to such damage or destruction occurring) as soon as may be reasonably practicable provided that in case it shall be impossible or impracticable to reinstate the Property in accordance with the provisions of rent this Clause Insurance within 3 years of the date of damage or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred destruction occurring either party may serve written notice on the Landlord other to terminate this Lease and upon service of such notice this Lease shall immediately cease and determine but without prejudice to the rights of either party against the other in respect of any prior breach of any obligation contained in this Lease, all with respect to non-payment Lease and any monies received under the said policy of Minimum Rent insurance or additional rent, may under the Risk Protection Arrangement whether before or after the termination of this Lease shall be exercised paid by the Tenant on receipt to the Landlord immediately upon default being made and shall as between the Landlord and the Tenant belong to the Landlord absolutely; of this Lease and the Landlord has served written notice specifying such breach and the remedial action required by the Tenant and without any notice thereof 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, notwithstanding anything contained herein Tenant is dissolved or in struck off or removed from the Commercial TenanciesAct Register of Ontario Companies or otherwise ceases to the contrary. If exist then it is lawful for 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 person authorised 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 calculated and paid monthly. No such re-entry or 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 of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for afterwards to re-enter upon the Property or any breach, part of it in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.name of
Appears in 1 contract
Sources: Lease
Re-entry. Proviso If
5.1.1 the Rents or any part thereof shall be in arrears for re-entry by the Landlord on non-payment of rent 21 days next after becoming payable (whether formally demanded or not) or
5.1.2 there shall be any breach non-performance or non-observance of covenants. The Landlord’s right any of re-entry hereunder the Tenant's covenants or
5.1.3 the Tenant shall enter into any arrangement or composition for the benefit of the Tenant's creditors or convene a meeting of the Tenant's creditors (or a nominee calls such a meeting on its behalf) or shall suffer any distress or execution to be levied on the Tenant's goods on the Premises or
5.1.4 the Tenant or a surety for the Tenant
(a) is the subject of an interim order under Part VIII of the Insolvency ▇▇▇ ▇▇▇▇ or makes application to the Court for such an order or
(b) makes a voluntary arrangement under that Part or
(c) has a bankruptcy order made against him or a bankruptcy petition presented against him or
5.1.5 a receiver receiver and manager or administrative receiver is appointed of all or any powers conferred on of the Landlord in this Lease, all with respect assets of the Tenant or any surety of the Tenant or
5.1.6 the Tenant or a surety for the Tenant (being a company)
(a) makes a voluntary arrangement or submits to non-payment its creditors or any of Minimum Rent them a proposal under Part I of the Insolvency ▇▇▇ ▇▇▇▇ or
(b) makes an application to the Court under section 425 of the Companies ▇▇▇ ▇▇▇▇ or additional rent, may be exercised resolves to make such an application or
(c) has a petition for an administration order under Part II of the Insolvency ▇▇▇ ▇▇▇▇ presented against it or is the subject of such an order or is subject to a resolution passed by its directors or shareholders for the presentation of a petition for such an order or
(d) has a petition for winding up presented against it or is the subject of a resolution for voluntary winding up otherwise than for the purpose of an amalgamation or reconstruction of a solvent company which has been approved by the Landlord immediately upon default being made by the Tenant and without any notice thereof (such approval not to the Tenant, notwithstanding anything contained herein be unreasonably withheld or delayed) or in the Commercial TenanciesAct event that a meeting of Ontario creditors is called to the contrary. If the Landlord elects consider a resolution for winding up or
(e) has an interim order or winding up order made against it or
(f) ceases to re-enter, as herein provided, or if exist 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 calculated and paid monthly. No such re-entry or 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 of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease lawful for such previous breach. Should the Landlord at any time terminate this Lease for thereafter to re-enter the Premises or any breach, part thereof in addition the name of the whole and thereupon the Term shall absolutely determine but without prejudice to any remedies it may have, it may recover from rights of action of the Landlord or the Tenant all damages it has incurred or may incur in respect of any antecedent breach by reason the other of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination any of the excess, if any, covenants herein
5.1.7 it is hereby agreed and declared that in the event that the Tenant comprises more than one person firm or body then the Landlord will be entitled to re-enter the Premises and the Term shall thereupon absolutely determine upon the happening of any of the amount events referred to in clauses 5.1.
3 5.1.4 5.1. 5 and 5.1.6 hereof in relation to any one of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.them
Appears in 1 contract
Sources: Lease (Hawker Pacific Aerospace)
Re-entry. Proviso Where there occurs a breach by the Tenant of clause 3.9 and/or 5.1.2 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 Register of Companies or otherwise ceases to exist then it is lawful for re-entry the Landlord or any person authorised by the Landlord on nonat any time afterwards to re-payment enter upon the Property or any part of rent or non-performance or non-observance it in the name of covenants. the whole and thereupon the Term absolutely determines without prejudice to any right of action of the Landlord in respect of any breach of the Tenant's obligations contained in this Lease The Landlord’s Landlord may not exercise the right of re-entry hereunder under clause 6.1.1 unless it has given prior notice to the Secretary of State of the breach in respect of which there is a claim against the Tenant and such notice is to contain sufficient detail of the circumstances of the breach to allow the Secretary of State the opportunity to remedy the breach (“the Landlord’s Notice”) The Secretary of State shall within sixty (60) days of receipt of the Landlord’s Notice serve written notice (“Acceptance Notice”) either agreeing or refusing to remedy the breaches specified in the Landlord’s Notice and (if applicable) indicating an intention for this Lease to be assigned in accordance with the terms of this Lease In the event that the Secretary of State fails to serve an Acceptance Notice within sixty (60) days of receipt of the Landlord’s Notice it will be deemed to refuse to remedy the breaches specified in the Landlord’s Notice, and the Landlord may exercise the right of re-entry under clause 6.1.1 In the event that the Secretary of State serves an Acceptance Notice the Secretary of State will be deemed to be agreeing to remedy all the breaches specified in the Landlord’s Notice or take or procure an assignment of this Lease in accordance with the terms of this Lease Following service of an Acceptance Notice the Secretary of State (as appropriate) will have a reasonable length of time (or such longer period as may be agreed between the parties acting reasonably) to: take steps to remedy the breaches specified in the Landlord’s Notice to the Landlord’s reasonable satisfaction and (if applicable); or accept or procure an assignment to the Secretary of State or his or her nominee of the residue of the term of this Lease in accordance with its terms during which time the Landlord will not be able to exercise the right of re-entry under clause 6.1.1 If the Secretary of State (as appropriate) fails to remedy the breaches to the Landlord’s reasonable satisfaction or accept or procure an assignment of this Lease in accordance with the terms of this Lease in the time period specified in clause 6.1.6 the Landlord may exercise the right of the re-entry under clause 6.1.1 Any dispute between the Landlord and the Tenant about whether the breaches specified in the Landlord’s Notice have been adequately remedied or whether an assignment has been accepted or procured in accordance with the terms of this Lease are to be dealt with pursuant to clause 12 of this Lease The Landlord's right to forfeit this Lease is not affected by any acceptance of or demand for rent or any powers conferred on the Landlord in action which would affirm this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised Lease by the Landlord immediately with knowledge of a breach of any of the Tenant's covenants contained in this Lease and the Tenant is not in any proceedings for forfeiture or otherwise entitled to rely upon default being 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 made during such period as may in all the circumstances be reasonable for enabling the Landlord to conduct negotiations with the Tenant for remedying the breach Section 196 of the Law of Property Act 1925 as amended by the Tenant 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 without 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 thereof or document is also sufficiently served if sent by telephonic facsimile transmission to the Tenant, notwithstanding anything contained herein or in party to be served and that service is deemed to be made on the Commercial TenanciesAct day of Ontario transmission if transmitted before 4.00pm on a working day but otherwise on the next following working day; if the party 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 whom any notice provided for 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 law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as a party may be necessary, in order given by that party's solicitor or agent and when addressed 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 calculated and paid monthly. No such re-entry or 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 of such intention party is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur not rendered invalid by reason of such breach, including that party having died become insolvent or changed name whether or not the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination party serving notice is aware of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.fact
Appears in 1 contract
Sources: Lease
Re-entry. Proviso It is hereby agreed that when:
(a) the Tenant shall be in default in the payment of any rent, for re-entry a period of seven (7) days after having received notice of default;
(b) the Tenant shall be in default of any of its terms, covenants, obligations and stipulations, conditions and agreements under this Lease (other than its covenant to pay rent) and such default shall have continued for a period of ten (10) consecutive days after notice by the Landlord on non-payment to the Tenant specifying with reasonable particularity the nature of such default and requiring the same to be remedied, provided further that if the Tenant is taking steps to remedy and cannot complete within ten (10) days, such ten (10) day period shall be extended as the Landlord reasonably determines to permit the Tenant to remedy;
(c) any property of the Tenant has been sold under a valid writ of execution, or the Tenant shall have made an assignment for the benefit of creditors, or have had a receiving order made against it under the Bankruptcy and Insolvency Act, R.S.C 1985, as amended, or becoming bankrupt or insolvent, or shall have made application for relief under the provisions of any statute now or hereafter in force concerning bankrupt or insolvent debtors, or any action whatever, legislative or otherwise, shall have been taken with a view to the winding up, dissolution or liquidation of the Tenant;
(d) any insurance policy is cancelled or not renewed by an insurer by reason of any particular use or occupation of the Premises, or;
(e) the Premises shall have been vacated or have become vacant or shall have remained unoccupied for a period of fifteen (15) consecutive days: then and in any of such cases, the then current month's rent together with the rent for the three (3) months 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 non-performance or non-observance any form of covenants. The Landlord’s right of legal process whatsoever may forthwith re-entry hereunder or any powers conferred on enter 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, Premises or any part thereof in the name of the whole and repossess and enjoy the same as of its former estate, anything contained in any statute or law to the contrary notwithstanding. Such forfeiture shall be wholly without prejudice to the right of the Landlord to recover arrears of rent and damages for such term or terms (which may be for a term or terms extending beyond any antecedent breach of the Term terms, covenants, obligations and stipulations, conditions and agreements of the Tenant under 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 calculated and paid monthly. No such re-entry or 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 of such intention is given to the Tenant. Notwithstanding any such reletting without termination, forfeiture the Landlord may at any time thereafter elect to terminate subsequently recover from the Tenant damages for loss of rent suffered by reason of this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, having been prematurely determined and it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, with respect thereto including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.
Appears in 1 contract
Sources: Lease Agreement (International Menu Solutions Corp)
Re-entry. Proviso PROVISION FOR RE-ENTRY by the said Lessor on non-payment of net rent for a period of Seven (7) business days 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 Lessor. The above powers may be exercised whether legal demand for the rent has been made of not. Provided, further, that upon such re-entry by the Landlord on non-payment Lessor under the terms of rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder this paragraph, or any powers conferred on other provision or provisions of this lease, the Landlord landlord may, 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 addition to any notice provided for by lawother remedies to which the Lessor my be entitled, it may either terminate this Lease or it may at its option, at any time and from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, demised premises or any part or parts thereof for such term the account of the Lessee or terms (which may be for a term or terms extending beyond otherwise and receive and collect the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as rents thereof, applying 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, same first to the payment of any indebtednesssuch expenses as the Lessor may have incurred in recovering possession of the demised premises including the legal expenses and solicitors' fees and for putting the same into good order or condition or preparing or altering the same for re-rental and all other expenses, other than rent due hereundercommissions and charges paid, owing assumed or incurred by the Tenant Lessor in or about re-letting the premises and then to the Landlord; second, to fulfilment of the payment covenants of the tenant hereunder. Any such re-letting herein provided for may be for the remainder of the term as originally granted or for a longer or shorter period. In 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 hereundercase, and whether or not the residue, if any, shall demised premises or any part hereof 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 hereunderre-let, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall Lessor the rental hereby reserved and all other sums required to be calculated and paid monthly. No such re-entry by the Tenant up to the time of the termination of this lease or taking of recovery of possession of the Leased Premises demised premises by the Landlord shall be construed Lessor, as an election on its part the case may be, and thereafter the Lessee covenants and agrees, if required by the Lessor, to terminate this Lease unless a written notice of such intention is given pay to the Tenant. Notwithstanding any such reletting without terminationLessor until the end of the term of this lease, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination equivalent of the excessamount of all the rental hereby reserved and all other sums required to be paid by the Lessee hereunder, less the net avails or re-letting, if any, and the same shall be due and payable by the Lessee to the 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 Lessee shall pay to the Lessor the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the deficiency then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlordexisting.
Appears in 1 contract
Re-entry. Proviso for re-entry by The Tenant further covenants and agrees with the Landlord on that in case of non-payment of any rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on at 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, times as herein provided, or if it takes possession pursuant the non-performance of any covenant by the Tenant, or in case the Demised Premises shall be deserted or vacated for over thirty (30) days, the Landlord, in addition to legal proceedings all other rights hereby reserved to the Landlord shall have the right to re-enter the same as the agent of the Tenant either by force or pursuant 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 then the remainder of the then current term as agent of the Tenant, and to receive the rent therefor, said rent to be any sum which the Landlord deems reasonable, to any notice provided Tenant which the Landlord may deem suitable and satisfactory, and for by lawany use and purpose which the Landlord may deem appropriate, it and in connection with any such Lease the Landlord may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs changes in the character of the improvements of the Demised Premises as the Landlord may determine to be necessaryappropriate or helpful in effecting such Lease. However, in order no event shall the Landlord be under any obligation to relet re-let the Leased Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any part thereof for such term or terms (Tenant which may the Landlord, in the exercise of reasonable discretion, shall deem to be for a term or terms extending beyond the Term of this Lease) objectionable, 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 agent of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlord; second, to the payment take possession of any costs furniture or other property on the Demised Premises and expenses to sell the same at public or private sale without notice and to apply the proceeds of such relettingsale and any rent derived from re-letting the Demised Premises, including brokerage fees, solicitor’s fees and upon account of the costs of such alterations and repairs; third, to the payment of all rentals rent due and unpaid hereunderunder these presents, and the residueTenant shall remain liable to the Landlord for the deficiency, if any, it being the intention of this Lease that nothing in this Lease contained and 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 held realized 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 hereunderre-letting and sale of furniture hereinbefore allowed. The Landlord shall not, in any event be required to pay to the Tenant shall pay any such deficiency to surplus of any sums received by the Landlord. Such deficiency shall be calculated and paid monthly. No such landlord on a re-entry or taking possession letting of the Leased Demised Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice in excess of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the LandlordLease.
Appears in 1 contract
Sources: Lease Agreement (MORTGAGEBROKERS.COM Holdings, Inc.)
Re-entry. Proviso for In the event 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 paid up to the Landlord on non-payment time of rent or non-performance or non-observance of covenants. The Landlord’s right of such re-entry hereunder or any powers conferred on the and/or dispossession, together with such expenses, including attorneys' fees, as Landlord shall incur in this Lease, all connection 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 such re-enter, as herein provided, or if it takes possession pursuant to legal entry and/or dispossession by summary proceedings or pursuant to any notice provided for by law, it otherwise; and
IX.6.2 Landlord 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, all or any part thereof for such term of the Premises, either in the name of Landlord or terms (which may be otherwise, for a term or terms extending beyond which may, at Landlord's option, be equal to, less than, or greater than the Term period which would otherwise have constituted the balance of this Lease) and at the Term.
IX.6.3 In connection with such rental or rentals and upon such other terms and conditions reletting:
IX.6.1.1 Tenant shall pay, 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, firstAdditional Rent, to the payment of any indebtednessLandlord, other than rent due hereunderas they are incurred by Landlord, owing by the Tenant to the Landlord; secondsuch reasonable expenses as Landlord may incur in connection with reletting, to the payment of any costs including, without limitation, legal expenses, attorneys' fees, brokerage commissions, and expenses of such relettingincurred in altering, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunderrepairing, and putting the residue, if any, shall be held by Premises in good order and condition and in preparing 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 Premises for reletting;
IX.6.1.2 Tenant shall pay any such deficiency to Landlord, in monthly installments on the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession due dates for Rent payments for each month of the Leased Premises by balance of the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without terminationTerm, the Landlord may at amount by which any time thereafter elect to terminate this Lease for such previous breach. Should Rent payment exceeds the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excessnet 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 rights of rent 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 to recover immediately from Tenant, in addition to any other proper claims, but in lieu of and charges equivalent not in addition to any amount which would thereafter become payable under the preceding subsection, a sum equal to the rent reserved in this Lease amount by which the sum of the Rent for the remainder balance of the stated Term over Lease Term, compound discounted at a reasonable rate selected by Landlord to its then-present worth, exceeds the then reasonable net rental value as determined by of the Landlord Premises, compound discounted at the same annual rate to its then-present worth, for the remainder balance of the stated Lease Term. In determining such net rental value of the Premises, all the rent realized by any reletting of which amounts the Premises, if such reletting is upon terms (other than rental amounts) generally comparable to the terms of this Lease, shall be immediately due deemed to be such net rental value; and
IX.6.1.4 at Landlord's option, Landlord may make such reasonable alterations and/or decorations in or upon the Premises as Landlord, in Landlord's sole judgment, considers advisable and payable necessary for the purpose of reletting the Premises; the making of such alterations and/or decorations shall not operate or be construed to release Tenant from liability under this Section; the cost of all such reasonable alterations and/or decorations shall be paid by Tenant to the LandlordLandlord as Additional Rent.
Appears in 1 contract
Sources: Office Lease (Ibasis Inc)
Re-entry. Proviso for re-entry by (a) If and whenever the 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 any other monies payable by the Term of Tenant under 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 appliedunpaid when the same ought to have been paid, firstalthough no formal demand shall have been made therefor, to or in case of the breach or non- performance of any of the covenants or agreements (other than for the payment of any indebtedness, rent and other than rent due hereunder, owing by monies) herein contained on the part of the Tenant to or if the Landlord; secondPremises are vacated or become vacant or remain unoccupied for five (5) days or are not used for the purpose specified then, and in any of such cases, the then current month’s rent together with the rent for the next three months next ensuing shall immediately become due and payable, and it shall be lawful for the Landlord at any time thereafter without notice or any form of legal process whatever, to re-enter into and upon the payment Premises or any part thereof, in the name 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 hereunderwhole, and the residuesame to have again, if anyrepossess and enjoy, as of the Landlord’s former estate, anything herein contained to the contrary or in any statute or law to the contrary notwithstanding, whereupon this Lease shall terminate forthwith, provided however such termination shall be held by wholly without prejudice to the right of the Landlord to recover arrears of rent and applied in payment damages for any antecedent breach of future rent as covenant on 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 calculated and paid monthly. No such re-entry or taking possession part of the Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may subsequently recover from the Tenant all damages it has incurred or may incur losses, damages, costs (including legal fees on a solicitor and his own client basis) and expenses whatsoever suffered by reason of such breachthis Lease having been prematurely determined.
(b) The Tenant further agrees with the Landlord that in any of the cases above described in Section 12.00(a), including the cost of recovering Landlord, in addition to the Leased Premisesother rights hereby reserved to it, reasonable solicitorshall have the right to enter the Premises or otherwise without being liable for any prosecution therefor and to re-lease or sublet, as the Tenant’s feesagent, the Premises or any part thereof, and including to apply the worth at the time proceeds of such termination re-leasing or sub-leasing on account of rent due or in satisfaction of the excessbreach of any covenant or agreement herein contained and the Tenant shall remain liable for the deficiency, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.
Appears in 1 contract
Re-entry. Proviso for re-entry by If an Event of Default occurs then notwithstanding the Landlord on non-payment waiver of rent or non-performance or non-observance of covenants. The Landlord’s any previous right of re-entry hereunder the Landlord may re-enter the Property or any powers conferred on part of it when the Term will cease but without prejudice to any rights or remedies which may then have accrued to the Landlord against the Tenant or any Guarantor in respect of any antecedent breach of any of the covenants or obligations of the Tenant or any Guarantor contained in this Lease (including the breach in respect of which re-entry is made).Event of Default
(a) the Rent or any part of it being in arrear and unpaid for fourteen Business Days after becoming payable (whether formally demanded or not in the case of the rent reserved at Clause 4.1); or
(b) a breach by the Tenant of any of the material covenants by the Tenant in this Lease, all with respect ; or
(c) the Tenant or any Guarantor (being a company) being deemed unable to nonpay its debts under section 123 of the Insolvency A▇▇ ▇▇▇▇ or the Tenant or any Guarantor (being a company) passing a resolution for winding-payment up or the directors of Minimum Rent any of them presenting a petition for winding-up or additional rent, may be exercised by an order for the Landlord immediately upon default winding-up of the Tenant or any Guarantor being made by (other than (in any such case) a voluntary winding-up of a solvent company for the purposes of amalgamation or reconstruction) or the Tenant and without or any notice thereof to Guarantor being dissolved; or
(d) the Tenant, notwithstanding anything contained herein Tenant or in any Guarantor (being a company) having an administrative or other receiver or a manager appointed of 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, whole or any part thereof of its property or a petition being presented for such term an administration order or terms an administration order being made in respect of the Tenant or any Guarantor or documents being filed with court for the appointment of an administrator of the Tenant or any Guarantor or the directors of the Tenant or any Guarantor giving notice of their intention to appoint an administrator of the Tenant or any Guarantor; or
(which may be e) the Tenant or any Guarantor (being an individual) presenting a petition for a term bankruptcy order to be made against him or terms extending beyond a bankruptcy order being made against the Term of this LeaseTenant or any Guarantor; or
(f) 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, relation to the payment Tenant or any Guarantor (whether an individual or a company) a proposal being made or the Tenant or any Guarantor for the time being (whether a company or an individual) entering into any kind of composition, scheme of arrangement, compromise or arrangement for the benefit of creditors or any class of creditors or permitting or suffering any distress or execution to be levied on his goods; or
(g) there occurring in relation to the Tenant or any Guarantor in any country or territory in which any of them carries on business or to the jurisdiction of whose courts any of them or any of the property of any indebtedness, other than rent due hereunder, owing by of them is subject any event which corresponds in that country or territory with any of those mentioned in paragraphs (c) to (f) above or the Tenant to the Landlord; second, to the payment of or 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 Guarantor otherwise becoming subject 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 calculated and paid monthly. No such re-entry country or 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 of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition territory to any remedies it may havelaw relating to insolvency, it may recover from the Tenant all damages it has incurred bankruptcy or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlordwinding up.
Appears in 1 contract
Sources: Lease (Glu Mobile Inc)
Re-entry. Proviso for IN THE EVENT that the Tenant shall be in default of any of its covenants to pay Rent or Additional Rent, the Landlord shall give to the Tenant notice in writing stating the said default with reasonably sufficient particulars, and requiring that the said default is not remedied by the Tenant within seven (7) business days (excluding Saturdays, Sundays and Statutory holidays) after the receipt of such notice, the Landlord may at its option either enter into and upon the Leased 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. In the event that the Tenant shall be in default of any of its covenants hereunder, other than the covenant of the Tenant to pay Rent or Additional Rent, the Landlord shall give to the Tenant notice in writing stating the said default with reasonably sufficient particulars, and requiring that the said default be remedied and require that if such default is not remedied by the Tenant within thirty (30) days after the receipt of such notice, or such longer period as may be reasonably necessary in view of the nature of the default, the Landlord may, if the aforementioned notice and cure period has expired at its option either enter into and upon the Leased 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 to do or cause to be done such things as may be necessary to remedy and correct such defaults. Provided further that in the event that the Landlord shall be entitled to, and shall elect to make a re-entry by the Landlord on non-payment of rent or non-performance or non-observance of covenants. The Landlord’s right of as hereinbefore provided for, any re-entry hereunder or any powers conferred on other action so taken shall not be deemed to relieve the Tenant of its obligation to pay Rent and other monies payable as Rent in accordance with the provisions hereof and said Rent and other monies shall continue to accrue and be payable until such time as 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 is able 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 let the Leased Premises, or otherwise deal with the same in such manner that it did not sustain any part thereof for such term loss should the Tenant then after fail to pay the Rent and other monies payable as Rent or terms (which may be for a term or terms extending beyond the Term of 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 Leased Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and at to receive the Rent therefore, 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 rental or rentals and upon lease, the Landlord may make such other terms and conditions changes in the character of the improvements of the Leased Premises as the Landlord may determine to be appropriate or helpful in its sole discretion may deem advisable. Upon each effecting such reletting all rentals received by lease; but in no event shall the Landlord from such reletting shall be applied, first, under any obligation to relet the Leased Premises in whole or in part for any purpose which the Landlord may regard as injurious to the payment of Leased Premises, or to any indebtedness, other than rent due hereunder, owing by the Tenant to which the Landlord; second, in the exercise of reasonable discretion, shall deem to the payment of be objectionable and to apply 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 Rent due and unpaid hereunder, and the residueTenant shall remain liable to the landlord for the deficiency, if any, shall be held it being the intention hereof that nothing herein contained and no entry made by the Landlord and applied landlord hereunder shall in any way release the Tenant from the payment of future rent Rent hereby reserved during the term hereof beyond such sum 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 realized by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No landlord by such re-entry letting or taking possession 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 of any sums received by the landlord on a re-letting of the Leased leased Premises by in excess of the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given Rent reserved hereunder. Notwithstanding anything to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breachcontrary herein, in addition to any remedies it may have, it may recover from no event shall Tenant’s total liability hereunder exceed the Tenant all damages it has incurred or may incur by reason of such breach, total remaining Rent including the cost of recovering Operating Expenses under the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated lease Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.
Appears in 1 contract
Sources: Loan Agreement (Hydrogenics Corp)
Re-entry. Proviso If:
(a) any part of the Rent, Service Charges, Government Rent, Government Rates or any other sum payable under this Agreement is unpaid for 14 days after becoming due (whether legally or formally demanded or not);
(b) the Tenant commits any breach of this Agreement;
(c) the Tenant is insolvent which for the purposes of this Agreement means:
(i) the Tenant (being an individual) becomes bankrupt or the Tenant (being a corporation) goes into liquidation or a receiving order is made against it;
(ii) a receiver is appointed in respect of any of the Tenant’s assets;
(iii) possession of any of the Tenant’s assets is taken by a chargee or mortgagee;
(iv) any distress or execution is levied on the Premises or on any of the Tenant’s assets;
(v) the Tenant stops or suspends payment of its debts or is unable or admits it is unable to pay them;
(vi) the Tenant enters into a scheme of arrangement with its creditors;
(vii) the Tenant stops or suspends the carrying on of its business or threatens to do so;
(viii) the Tenant fails to satisfy any judgment given in any action against it unless such judgment has been appealed within the requisite time limit and that appeal has not yet been disposed of; or
(ix) any other similar event, action or proceeding occurs or is taken in respect of the Tenant in any jurisdiction; or
(d) the Tenant continues to cause unnecessary annoyance, inconvenience or disturbance to the Landlord or any neighbouring tenants or occupiers after the Landlord has served a written warning on the Tenant. For the purpose of this Sub-clause 6.1(d), persistent failure to pay Rent as and when it falls due will be regarded as causing unnecessary annoyance, inconvenience or disturbance to the Landlord or any neighbouring tenants or occupiers, the Landlord may, without prejudice to the Landlord’s other rights and remedies, at any time re-entry by enter the Premises or any part of them in the name of the whole whereupon this Agreement shall end but any right of action of the Landlord on non-payment of rent or non-performance or non-observance of covenants. The under this Agreement (including without limitation to the Landlord’s right of re-entry hereunder or any powers conferred on to demand payment and claim against the Landlord in this Lease, Tenant for all with respect to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made remaining rent and other payments due and payable 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 calculated and paid monthly. No such re-entry or 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 of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in under this Lease for the remainder remaining unexpired Term of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts this Agreement) shall be immediately due and payable from preserved. The Landlord may exercise its rights under this Clause 6.1 (Re-Entry) by serving written notice on the Tenant without physically entering the Premises notwithstanding any statutory or common law provision to the Landlordcontrary.
Appears in 1 contract
Sources: Lease Agreement
Re-entry. Proviso for re-entry 6.1.1 Where there occurs a breach by the Landlord on non-Tenant of Clause 3.9 and/or following the incidence of damage to or destruction of the Property and subject to receipt of all necessary consents licences permissions and the like to apply the proceeds of the policy of the insurance or payment under the Risk Protection Arrangement received for those purposes in rebuilding and reinstating the Property (provided that this covenant should be satisfied if the Tenant provides premises not necessarily identical to the Property as the same existing prior to such damage or destruction occurring) as soon as may be reasonably practicable provided that in case it shall be impossible or impracticable to reinstate the Property in accordance with the provisions of rent this Clause Insurance within 3 years of the date of damage or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred destruction occurring either party may serve written notice on the Landlord other to terminate this Lease and upon service of such notice this Lease shall immediately cease and determine but without prejudice to the rights of either party against the other in respect of any prior breach of any obligation contained in this Lease, all with respect Lease and any monies received under the said policy of insurance or under the Risk Protection Arrangement whether before or after the termination of this Lease shall be apportioned between and belong to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made and the Tenant according to their respective interests in the Property; of this Lease and the Landlord has served written notice specifying such breach and the remedial action required by the Tenant and without any notice thereof 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, notwithstanding anything contained herein Tenant is dissolved or in struck off or removed from the Commercial TenanciesAct Register of Ontario Companies or otherwise ceases to the contrary. If exist then it is lawful for 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 person authorised 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 calculated and paid monthly. No such re-entry or 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 of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for afterwards to re- enter upon the Property or any breach, part of it in addition the name of the whole and thereupon the Term absolutely determines without prejudice to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason right of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination action of the excess, if any, Landlord in respect of any breach of the amount of rent and charges equivalent to the rent reserved Tenant's obligations contained in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the LandlordLease.
Appears in 1 contract
Sources: Lease
Re-entry. Proviso for Landlord or Landlord’s agents and employees may immediately or at any time thereafter re-entry by enter the 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 thereof, peaceably but using such term or terms (which reasonable force as may be for a term required, and without judicial process, or terms extending beyond by any suitable action or proceeding at law, and may repossess the Term 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 this Lease) and at any such rental or rentals 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 other remedies allowed by law, remove and store the same in any place selected by Landlord, including but not limited to a public warehouse, at the expense and risk of Tenant. If Tenant shall fail to pay all sums due hereunder together with the cost of storing any such other terms 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 conditions as shall apply the Landlord in its sole discretion may deem advisable. Upon each proceeds of such reletting all rentals received by the Landlord from such reletting shall be applied, sale first, to the payment cost of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlordsuch sale; second, to the payment of any costs the charges and expenses of such relettingfor reentry, including brokerage fees, solicitor’s fees removal and the costs of such alterations and repairsstorage; third, to the payment of all rentals any other sums of money that may be due and unpaid hereunder, from Tenant to Landlord under the terms of this Lease; and the residuebalance, if any, shall to Tenant. Tenant hereby waives all claims for damages that may be held 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 harmless from loss, costs or damages to Tenant occasioned hereby, 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 calculated and paid monthly. No no such re-entry or taking possession of the Leased Premises by the Landlord shall be considered or construed as an election on its part to terminate this Lease unless be a written notice of such intention is given to the Tenantforcible entry. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the LandlordRE-ENTRY 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. Proviso for Upon the occurrence of an Event of Default, Landlord may immediately re-entry enter the Property by summary proceedings, or by force, or otherwise, without being liable for prosecution therefor; interrupt or cause interruption of utility services to the Landlord on non-payment Property, prevent Tenant from entering the Property, take possession of rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred the Property and remove all persons therefrom; alter all locks and other security devices on the Landlord in Property without terminating this Lease, all with respect ; and may elect either 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 PremisesProperty as agent for Tenant or otherwise, and receive the Rent therefor, applying the same to Tenant’s obligations. Upon the re-entering of the Property, Landlord may remove all or any part thereof for of the 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 term or terms (which entry, such property may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be for a term retained by Landlord as its property or terms extending beyond the Term be disposed of this Lease) by Landlord, in Landlord’s sole and absolute discretion and without accountability, at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisableTenant’s expense. Upon each such reletting all rentals received by the Landlord from such reletting Tenant shall be appliedobligated 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 dominion by Landlord over the property of Tenant or others at the Property shall be deemed unauthorized or constitute a conversion, firstTenant hereby consenting, after any Event of Default, to the payment aforesaid exercise of any indebtedness, other than rent due hereunder, owing by dominion over Tenant’s property within 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 hereunderProperty. 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 calculated and paid monthly. No such reALL CLAIMS FOR DAMAGES BY REASON OF SUCH RE-entry or 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 of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the LandlordENTRY AND/OR REPOSSESSION AND/OR ALTERATIONS OF LOCKS OR OTHER SECURITY DEVICES ARE HEREBY WAIVED.
Appears in 1 contract
Re-entry. Proviso for re-entry by In the Landlord on non-payment event that the Lessee shall be in default of any or its covenants hereunder including the covenant of the Lessee to pay 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, whether legal demand has been made or not, the Lessor may be exercised by at its option either enter into and upon 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, demised premises or any part thereof for 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 term or terms (which things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Lessee and claim against the Lessee for damages suffered. Provided further that in the event that the Lessor shall be entitled to, and shall elect to make a term re-entry as hereinbefore provided for, any re-entry or terms extending beyond other action so taken shall not be deemed to relieve the Term Lessee of 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 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 Lessee thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease) and at such rental or rentals and upon such . Provided further that in addition to all other terms and conditions rights hereby reserved to it, the Lessor shall have the right to re-enter the demised premises as the Landlord in its sole discretion agent of the Lessee 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 Lessee and to receive the rent therefor, said rent to be any sum which it may deem advisable. Upon each such reletting all rentals received by the Landlord from such reletting shall be applied, firstreasonable, to any 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 payment Lessor may make such changes in the character of the improvements or the demised premises as the Lessor may determine to be appropriate or helpful in effecting such Lease; but in no event shall the Lessor be under any indebtednessobligation to re-let the demised premises in whole or in part for any purpose which the Lessor may regard as injurious to the demised premises, other than or to any lessee which the Lessor, 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, owing by and the Tenant Lessee shall remain liable to the Landlord; second, to Lessor for 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 residuedeficiency, if any, shall be held it being the intention hereof that nothing herein contained and no entry made by the Landlord and applied Lessor hereunder shall in no way release the Lessee from the payment of future the rent hereby reserved during the term hereof beyond such sum 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 realized by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No Lessor by such re-entry letting or taking possession by the proceeds of any distress made by the Lessor against the Lessee; and provided that the Lessor shall not in any event be required to pay to the Lessee any surplus of any sums received by the Lessor on a re-letting of the Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice demised premises in excess of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlordhereunder.
Appears in 1 contract
Re-entry. Proviso for To the greatest extent allowed by applicable law, Landlord or Landlord’s agents and employees may immediately or at any time thereafter re-entry by enter the 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 thereof, peaceably but using such term or terms (which reasonable force as may be for a term required, and without judicial process, or terms extending beyond by any suitable action or proceeding at law, and may repossess the Term 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 this Lease) and at any such rental or rentals 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 other remedies allowed by law, remove and store the same in any place selected by Landlord, including but not limited to a public warehouse, at the expense and risk of Tenant. If Tenant shall fail to pay all sums due hereunder together with the cost of storing any such other terms 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 conditions as shall apply the Landlord in its sole discretion may deem advisable. Upon each proceeds of such reletting all rentals received by the Landlord from such reletting shall be applied, sale first, to the payment cost of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlordsuch sale; second, to the payment of any costs the charges and expenses of such relettingfor reentry, including brokerage fees, solicitor’s fees removal and the costs of such alterations and repairsstorage; third, to the payment of all rentals any other sums of money that may be due and unpaid hereunder, from Tenant to Landlord under the terms of this Lease; and the residuebalance, if any, shall to Tenant. Tenant hereby waives all claims for damages that may be held caused by Landlord’s re-entering and taking possession of the Premises or removing and storing or selling the property of Tenant as herein provided, and will indemnify, defend and save Landlord harmless from loss, costs or damages to Tenant occasioned thereby, 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 calculated and paid monthly. No no such re-entry or taking possession of the Leased Premises by the Landlord shall be considered or construed as an election on its part to terminate this Lease unless be a written notice of such intention is given to the Tenantforcible entry. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the LandlordRE-ENTRY 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. Proviso for re-entry the Landlord and any persons authorised by the Landlord on nonmay re-payment enter into and upon the Premises in the event that:
7.1.1 the rents reserved or any other sums made payable by the Tenant under this Lease or any part of rent such rents or non-performance other sums shall respectively be in arrear for fourteen days after the same shall become due (whether legally demanded or not): or
7.1.2 there is any breach or non-observance of covenants. The Landlord’s right any of re-entry hereunder the obligations on the part of the Tenant contained in this Lease or in any licence approval or consent given by the Landlord to the Tenant in relation to the Premises or in any deed supplemental to this Lease or by which this Lease may varied: or
7.1.3 any execution or distress is levied upon any asset of the Tenant and is not discharged within fourteen days: or
7.1.4 the Tenant or any powers conferred on Guarantor or (where the Tenant or any Guarantor comprises more than one person) any one or more of them (being a corporation) shall enter into liquidation whether compulsory or voluntary (not being merely a voluntary liquidation whilst solvent for the purpose of reconstruction) or have a Receiver or Administrator Administrative Receiver appointed of all or any assets (or any application for such appointment Is made); or
7.1.5 the Tenant or any Guarantor or (where the Tenant or any Guarantor comprises more than one person) any one or more of them( being an individual or individuals) shall enter into any composition with the Tenant's creditors or commit any act of bankruptcy or be adjudicated bankrupt: or
7.1.6 the Premises shall be unoccupied or vacant for a period of three consecutive months,
7.1.7 whereupon this demise shall immediately determine but without prejudice to any rights or remedies which may then have accrued to the Landlord in this Lease, all with respect to non-payment of Minimum Rent the nonpayment of the rents reserved or additional rent, may be exercised other sums made payable 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 any breach or non-observant or non-performance of any of the covenants conditions and agreements contained in 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 calculated and paid monthly. No such re-entry or 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 of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.:
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Sources: Lease (Business Objects Sa)
Re-entry. Proviso It is a condition of this Lease that when:
.1 Tenant fails to pay when due any Rent, whether lawfully demanded or not;
.2 Tenant is in default of any of its covenants, obligations or agreements under this Lease (other than its covenant to pay Rent) and such default has continued for re-entry a period of 10 consecutive days (or such shorter period set out in Landlord’s notice as may be reasonable in the circumstances) after notice by Landlord to Tenant specifying with 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 Landlord on non-payment of rent money and cannot with due diligence be wholly cured within such 10 day period, if Tenant has failed to proceed promptly to cure the same or non-performance or non-observance has thereafter failed to prosecute the curing of covenants. The Landlord’s right such failure with due diligence;
.3 any execution issues against any property of re-entry hereunder Tenant or any powers conferred on guarantor or indemnifier of this Lease and remains outstanding for more than 10 days, or any receiver of any property of Tenant or any guarantor or indemnifier of this Lease is appointed, or Tenant or any guarantor or indemnifier of this Lease becomes insolvent or makes application for relief from creditors under the Landlord 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 insolvent, or any action, steps or proceedings whatever, are taken with a view to the winding up, dissolution or liquidation of Tenant or any guarantor or indemnifier of this Lease, all or 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 a view to the Tenant, notwithstanding anything contained herein restructuring or in the Commercial TenanciesAct compromise of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, any debt 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, other obligation of Tenant or any part thereof for such term guarantor or terms (which may be for a term or terms extending beyond the Term indemnifier of this Lease) and at such rental ;
.4 any insurance policy is cancelled 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 not renewed 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 calculated and paid monthly. No such re-entry or 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 of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur insurer by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination any particular use or occupation of the excessPremises;
.5 the Premises have been abandoned, if anyor have become vacant or have remained unoccupied for a period of 5 consecutive days without the consent of Landlord or the Premises have been used or occupied by any other person or persons other than Tenant or any person permitted by Part 9 hereof; or
.6 Tenant or any Related Corporation is in default of any of its covenants, obligations or agreements under any lease or other written agreement between it and Landlord (as owner or as manager) or any company which is a Related Corporation to Landlord and such default shall have continued for such period of the amount time that Landlord’s (or such Related Corporation) remedies have become exercisable thereunder;
.7 a receiver, interim receiver, trustee, liquidator or a receiver and manager is appointed for all or part of rent and charges equivalent to the rent reserved in this Lease for the remainder Tenant Property or business or of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Terman Indemnifier’s, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.occupant’s, licensee’s, concessionaire’s or franchisee’s property or business; or
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Re-entry. Proviso for re-entry by Termination; Reletting. To reenter the Landlord on non-payment Premises, together with all additions, alterations and improvements, and, at the option of rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder , remove all persons and all or any powers conferred 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 Premises. Upon recovering possession of the Premises by reason of or based upon or arising out of a default on the Landlord in this Lease, all with respect to non-payment part 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-entermay, as herein providedat Landlord's option, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, necessary in order to relet the Leased Premises, Premises and relet the Premises or any part thereof for such term or terms (which may be parts thereof, either in Landlord's name or otherwise, for a term or terms extending beyond which may, at Landlord's option, be less than or exceed the Term period which would otherwise have constituted the balance of the term of this Lease) lease and at such rental rent or rentals rents and upon such other terms and conditions as the Landlord in its Landlord's sole discretion may deem advisable. Upon seem advisable and to such person or persons as may in Landlord's discretion seem best; upon each such reletting all rentals rents 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 attorney's fees and all costs of such alterations and repairs; second, to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord; third, to the payment of all rentals rent 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 it may become due and payable hereunder. If the such rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunderTenant, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry reentry or taking possession of the Leased Premises by or the Landlord making of alterations or improvements thereto or the reletting thereof shall be construed as an election on its the part of Landlord to terminate this Lease lease unless a written notice of such intention is be given to Tenant. Landlord shall in no event be liable in any way whatsoever for 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 as Tenant's and their agent to collect the rents due and to become due under all subleases of the Premises or any parts thereof without in any way affecting Tenant's obligation to pay any unpaid balance of rent due or to become due hereunder. Notwithstanding any such reletting without termination, the Landlord landlord may at any time thereafter elect to terminate this Lease lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.
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