Common use of Right to Re Clause in Contracts

Right to Re. Enter ----------------- If and whenever: (a) the Tenant fails to pay any Base Rent or Additional Rent or other sums due hereunder on the day or dates appointed for the payment thereof (provided the Landlord first gives five (5) days' written notice to the Tenant of any such failure); or (b) the Tenant fails to observe or perform any other of the terms, covenants or conditions of this Lease to be observed or performed by the Tenant (other than the terms, covenants or conditions set out in Sections 7.1(c) to (l), inclusive, for which no notice shall be required), provided the Landlord first gives the Tenant 15 days' (or such shorter period of time as is otherwise provided herein) written notice of any such failure to perform and the Tenant within such period of 15 days fails to commence diligently and, thereafter, to proceed diligently to cure any such failure to perform; or (c) the Tenant or any agent of the Tenant falsifies any report or statement required to be furnished to the Landlord pursuant to this Lease; or (d) the Tenant or any guarantor of this Lease or any person occupying the Premises or any part thereof or any licensee, concessionaire or franchisee operating business in the Premises becomes bankrupt or insolvent or takes the 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 (e) a receiver or a receiver and manager is appointed for all or a portion of the Tenant's property or any such guarantor's, occupant's, licensee's, concessionaire's or franchisee's property; or (f) any steps are taken or any action or proceedings are instituted by the Tenant or by any other party, including, without limitation, any court or governmental body of competent jurisdiction for the dissolution, winding-up or liquidation of the Tenant or its assets; or (g) the Tenant makes a sale in bulk of any of its assets wherever situate (other than a bulk sale made to an assignee or sublessee pursuant to a permitted assignment or subletting hereunder and pursuant to the Bulk Sales Act (Ontario)); or (h) the Tenant abandons or attempts to abandon the Premises or, other than in the ordinary course of business, sells or disposes of the trade fixtures, goods or chattels of the Tenant or remove them from the Premises so that there would not, in the event of such sale or disposal, be sufficient trade fixtures, goods or chattels of the Tenant on the Premises subject to distress to satisfy all rent due or accruing hereunder for a period of at least 6 months; or (i) the Premises become and remain vacant for a period of 7 consecutive days or are used by any persons other than such as are entitled to use them hereunder; or (j) the Tenant assigns, transfers, encumbers, sublets or, save and except with respect to an affiliate (as that term is defined in the OBCA) with prior written notice to the Landlord, permits the occupation or use or the parting with or sharing possession of all or any part of the Premises by anyone, except in a manner permitted by this Lease; or (k) this Lease or any of the Tenant's assets are taken under any writ of execution; or (l) re-entry is permitted under any other terms of this Lease, then and in every such case the Landlord, in addition to any other rights or remedies it has pursuant to this Lease or by law, has the immediate right of re-entry upon the Premises and it may repossess the Premises and enjoy them as of its former estate and 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 the account of the Tenant, all without service of notice or resort to legal process and without the Landlord being considered guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby.

Right to Re. Enter ----------------- If and whenever: (a) ENTER In the event of any failure of Tenant fails to pay any Base Rent or Additional Rent or other sums rental due hereunder on within ten (10) days after the day same shall be due, or dates appointed for the payment thereof (provided the Landlord first gives five (5) days' written notice any failure to the Tenant of any such failure); or (b) the Tenant fails to observe or perform any other of the terms, conditions, or covenants or conditions of this Lease lease to be observed or performed by the Tenant for more than thirty (other than the terms, covenants or conditions set out in Sections 7.1(c30) to (l), inclusive, for which no notice shall be required), provided the Landlord first gives the Tenant 15 days' (or such shorter period of time as is otherwise provided herein) days after written notice of any such failure default shall have been given to perform and the Tenant within such period of 15 days fails to commence diligently andTenant, thereafter, to proceed diligently to cure any such failure to perform; or (c) the or if Tenant or any an agent of the Tenant falsifies shall falsify any report or statement required to be furnished to the Landlord Owner pursuant to the terms of this Lease; or (d) the lease, or if Tenant or any guarantor of this Lease lease shall become bankrupt or insolvent, or file any debtor proceedings or take or have taken against Tenant or any person occupying guarantor of this lease in any court pursuant to any statute either of the Premises United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant's or any part thereof such guarantor's property, or if Tenant or any licensee, concessionaire or franchisee operating business in the Premises becomes bankrupt or insolvent or takes the benefit of any act now or hereafter in force for bankrupt or insolvent debtors or files any proposal or such guarantor makes any an assignment for the benefit of creditors creditors, or any arrangement petitions for or compromise; or (e) a receiver enters into an arrangement, or a receiver and manager is appointed for all if Tenant shall abandon said premises, or a portion of the Tenant's property or any such guarantor's, occupant's, licensee's, concessionaire's or franchisee's property; or (f) any steps are taken or any action or proceedings are instituted by the Tenant or by any other party, including, without limitation, any court or governmental body of competent jurisdiction for the dissolution, winding-up or liquidation of the Tenant or its assets; or (g) the Tenant makes a sale in bulk of any of its assets wherever situate (other than a bulk sale made suffer this lease to an assignee or sublessee pursuant to a permitted assignment or subletting hereunder and pursuant to the Bulk Sales Act (Ontario)); or (h) the Tenant abandons or attempts to abandon the Premises or, other than in the ordinary course of business, sells or disposes of the trade fixtures, goods or chattels of the Tenant or remove them from the Premises so that there would not, in the event of such sale or disposal, be sufficient trade fixtures, goods or chattels of the Tenant on the Premises subject to distress to satisfy all rent due or accruing hereunder for a period of at least 6 months; or (i) the Premises become and remain vacant for a period of 7 consecutive days or are used by any persons other than such as are entitled to use them hereunder; or (j) the Tenant assigns, transfers, encumbers, sublets or, save and except with respect to an affiliate (as that term is defined in the OBCA) with prior written notice to the Landlord, permits the occupation or use or the parting with or sharing possession of all or any part of the Premises by anyone, except in a manner permitted by this Lease; or (k) this Lease or any of the Tenant's assets are taken under any writ of or execution; or (l) re-entry is permitted under any other terms of this Lease, then and in every such case the Landlord, in addition to any Owner besides other rights or remedies it has pursuant to this Lease or by lawmay have, has shall have the immediate right of re-entry upon the Premises and it may repossess the Premises and enjoy them as of its former estate and may expel remove, all persons and remove all property from the Premises leased 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 of, and for the account of the Tenant, all without service of notice or resort to legal process and without the Landlord being considered deemed guilty of trespass trespass, or becoming liable for any loss or damage which may be occasioned thereby.

Right to Re. Enter ----------------- If and whenever:enter (a) the Tenant fails shall fail to pay any Base Rent or Additional Rent rent or other sums due hereunder on the day or dates appointed for the payment thereof (provided the Landlord first gives five (5) days' written notice to the Tenant of any such failure)amount when due; or (b) the Tenant fails shall fail to perform or observe or perform any other of the terms, provisions, conditions, and covenants or conditions of this Lease to be observed or performed by the Tenant (other for more than the terms, covenants or conditions set out in Sections 7.1(c) to (l), inclusive, for which no notice shall be required), provided the Landlord first gives the Tenant 15 days' (or such shorter period of time as is otherwise provided herein) ten days after written notice of any such failure to perform and the Tenant within such period of 15 days fails to commence diligently and, thereafter, to proceed diligently to cure any such failure to performfailure; or (c) the Landlord shall determine that Tenant or has submitted any agent of the Tenant falsifies any false report or made false statement required to be furnished to the Landlord pursuant to this Leasehereunder; or (d) the Tenant or any guarantor of this Lease or any person occupying the Premises or any part thereof or any licensee, concessionaire or franchisee operating business in the Premises becomes shall become bankrupt or insolvent or takes the benefit of any act now reorganization or hereafter in force for bankrupt or insolvent debtors or files any proposal or makes any assignment arrangement for the benefit of creditors or any arrangement an order for relief is entered in respect of Tenant, or compromiseTenant shall generally not pay its debts, as such debts become due; or (e) a receiver Tenant shall abandon or a receiver and manager is appointed vacate or fail to do business in the Premises for all ten (10) continuous days, or a portion of the Tenant's property or any such guarantor's, occupant's, licensee's, concessionaire's or franchisee's property; or (f) any steps are taken this Lease or Tenant's interest herein or in the Premises or any action improvements thereon or proceedings any property of Tenant are instituted by the Tenant executed upon or by any other party, including, without limitation, any court or governmental body of competent jurisdiction for the dissolution, winding-up or liquidation of the Tenant or its assetsattached; or (g) the Tenant makes a sale in bulk Premises come into the hands of any of its assets wherever situate (other than a bulk sale made to an assignee or sublessee pursuant to a permitted assignment or subletting hereunder and pursuant to the Bulk Sales Act (Ontario)); or (h) the Tenant abandons or attempts to abandon the Premises or, other than in the ordinary course of business, sells or disposes of the trade fixtures, goods or chattels of the Tenant or remove them from the Premises so that there would not, in the event of such sale or disposal, be sufficient trade fixtures, goods or chattels of the Tenant on the Premises subject to distress to satisfy all rent due or accruing hereunder for a period of at least 6 months; or (i) the Premises become and remain vacant for a period of 7 consecutive days or are used by any persons person other than such as are entitled to use them hereunder; or (j) the Tenant assigns, transfers, encumbers, sublets or, save and except with respect to an affiliate (as that term is defined in the OBCA) with prior written notice to the Landlord, permits the occupation or use or the parting with or sharing possession of all or any part of the Premises by anyone, except in a manner permitted by this Lease; or (k) this Lease or any of the Tenant's assets are taken under any writ of execution; or (l) re-entry is persons expressly permitted under any other terms of this Lease, then and in every such case notice (the same being hereby waived by Tenant). Landlord, in addition to any all other rights or remedies it has pursuant may have, shall have the right upon default to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, and shall have the right, either before or by lawafter any such termination, has the immediate right of to re-entry upon the Premises enter and it may repossess the Premises and enjoy them as of its former estate and 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 the account take possession of the TenantPremises, all , in each case without service of notice or resort to legal process and without the Landlord being considered deemed guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby. If rentals received from such reletting during any month are less than that to be paid during that month by Tenant hereunder, Tenant shall immediately pay , anXXX such deficiency to Landlord. No re-entry or taking possession of the Premises by Landlord shall be construed as an election to terminate this Lease, unless Landlord gives a written notice of such termination.

Right to Re. Enter enter ----------------- If and wheneverWhen: (a) the Tenant fails to pay any Base Rent or Additional Rent or other sums due hereunder on the day or dates appointed for shall be in default in the payment thereof (provided the Landlord first gives of any Rent whether lawfully demanded or not and such default shall continue for a period of five (5) days' consecutive days following written notice to from the Tenant Landlord of any such failure)default; or (b) the Tenant fails to observe shall be in default of any of its covenants, obligations or perform agreements under this Lease or of any other of the terms, covenants term or conditions condition of this Lease to be observed or performed by the Tenant (other than the terms, covenants or conditions set out in Sections 7.1(cits covenant to pay Rent) to and such default shall continue for a period of fifteen (l), inclusive, for which no 15) consecutive days after written notice shall be required), provided by the Landlord first gives to the Tenant 15 days' specifying with reasonable particularity the nature of such default and requiring same to be remedied; then and in any of such cases the then current month's Rent, together with the Rent for the three (or such shorter period 3) months next ensuing shall immediately become due and payable and at the option of time as is otherwise provided herein) written notice of any such failure to perform the Landlord, the Term shall become forfeited and void, and the Tenant within such period of 15 days fails to commence diligently and, thereafter, to proceed diligently to cure any such failure to perform; or (c) the Tenant Landlord may without notice or any agent form of legal process whatsoever forthwith re-enter upon the Tenant falsifies any report or statement required to be furnished to the Landlord pursuant to this Lease; or (d) the Tenant or any guarantor of this Lease or any person occupying the Leased Premises or any part thereof or any licensee, concessionaire or franchisee operating business in the Premises becomes bankrupt or insolvent or takes the 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 (e) a receiver or a receiver and manager is appointed for all or a portion name of the Tenant's property whole and repossess and enjoy the same as of its former estate, anything contained in any statute or law to the contrary notwithstanding provided, however, that such forfeiture shall be wholly without prejudice to the right of the Landlord to recover arrears of Rent or damages for any such guarantor's, occupant's, licensee's, concessionaire's or franchisee's property; or (f) any steps are taken or any action or proceedings are instituted antecedent default by the Tenant or by any other party, including, without limitation, any court or governmental body of competent jurisdiction for the dissolution, winding-up or liquidation of the Tenant or its assets; or (g) the Tenant makes a sale in bulk of any of its assets wherever situate (other than a bulk sale made to an assignee covenants, obligations or sublessee pursuant to a permitted assignment or subletting hereunder and pursuant to the Bulk Sales Act (Ontario)); or (h) the Tenant abandons or attempts to abandon the Premises or, other than in the ordinary course of business, sells or disposes of the trade fixtures, goods or chattels of the Tenant or remove them from the Premises so that there would not, in the event of such sale or disposal, be sufficient trade fixtures, goods or chattels of the Tenant on the Premises subject to distress to satisfy all rent due or accruing hereunder for a period of at least 6 months; or (i) the Premises become and remain vacant for a period of 7 consecutive days or are used by any persons other than such as are entitled to use them hereunder; or (j) the Tenant assigns, transfers, encumbers, sublets or, save and except with respect to an affiliate (as that term is defined in the OBCA) with prior written notice to the Landlord, permits the occupation or use or the parting with or sharing possession of all or any part of the Premises by anyone, except in a manner permitted by this Lease; or (k) agreements under this Lease or any of the Tenant's assets are taken under any writ of execution; or (l) re-entry is permitted under any other terms term or condition of this Lease, then Lease and in every provided further that notwithstanding any such case forfeiture the Landlord, in addition to any other rights or remedies it has pursuant to Landlord may subsequently recover from the Tenant damages for loss of Rent suffered by reason of this Lease or by law, has the immediate right of re-entry upon the Premises and it may repossess the Premises and enjoy them as of its former estate and 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 the account of the Tenant, all without service of notice or resort to legal process and without the Landlord being considered guilty of trespass or becoming liable for any loss or damage which may be occasioned therebyhaving been prematurely determined.

Right to Re. Enter ----------------- If Enter: The following shall be considered for all purposes to be defaults under and wheneverbreaches of this Lease: (a) the any failure Tenant fails to pay any Base Rent or Additional Rent rent or other sums amount when due hereunder on the day or dates appointed for the payment thereof (provided the Landlord first gives five (5) days' written notice to the Tenant of any such failure)hereunder; or (b) the any failure by Tenant fails to perform or observe or perform any other of the terms, provisions, conditions and covenants or conditions of this Lease to be observed or performed by the Tenant for more than ten (other than the terms, covenants or conditions set out in Sections 7.1(c10) to (l), inclusive, for which no notice shall be required), provided the Landlord first gives the Tenant 15 days' (or such shorter period of time as is otherwise provided herein) days after written notice of such failure; (C) Landlord determining that Tenant had submitted any such failure to perform and the Tenant within such period of 15 days fails to commence diligently and, thereafter, to proceed diligently to cure any such failure to perform; or (c) the Tenant or any agent of the Tenant falsifies any false report or statement required to be furnished to the Landlord pursuant to this Leasehereunder; or (d) the Tenant shall do anything upon or any guarantor of this Lease or any person occupying in connection with the Premises or the construction of any part thereof which directly or indirectly interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Shopping Center or any licensee, concessionaire or franchisee operating business in the Premises becomes other tenant's spaces; (e) Tenant shall become bankrupt or insolvent or takes file or have filed against it a petition in bankruptcy or for reorganization or arrangement or for the benefit appointment of any act now a receiver or hereafter in force for bankrupt trustee of all or insolvent debtors a portion of Tenant's property, or files any proposal or Tenant makes any an assignment for the benefit of creditors or any arrangement or compromisecreditors; or (e) a receiver or a receiver and manager is appointed for all or a portion of the Tenant's property or any such guarantor's, occupant's, licensee's, concessionaire's or franchisee's property; or (f) any steps are taken if Tenant abandons or any action vacates or proceedings are instituted by does not do business in the Tenant Premises for ten (10) days, or by any other party, including, without limitation, any court or governmental body of competent jurisdiction for the dissolution, winding-up or liquidation of the Tenant or its assets; or (g) this Lease or Tenant's interest herein or in the premises or any improvements thereon or any property of Tenant makes a sale in bulk of any of its assets wherever situate (other than a bulk sale made to an assignee are executed upon or sublessee pursuant to a permitted assignment attached; or subletting hereunder and pursuant to the Bulk Sales Act (Ontario)); or (h) the Tenant abandons or attempts to abandon Premises comes into the Premises or, hands of any person other than in the ordinary course of businessexpressly permitted under this Lease. In any such event, sells and without grace period, demand or disposes of the trade fixtures, goods or chattels of the Tenant or remove them from the Premises so that there would not, in the event of such sale or disposal, be sufficient trade fixtures, goods or chattels of the Tenant on the Premises subject to distress to satisfy all rent due or accruing hereunder for a period of at least 6 months; or (i) the Premises become and remain vacant for a period of 7 consecutive days or are used by any persons other than such as are entitled to use them hereunder; or (j) the Tenant assigns, transfers, encumbers, sublets or, save and except with respect to an affiliate (as that term is defined in the OBCA) with prior written notice to the Landlord, permits the occupation or use or the parting with or sharing possession of all or any part of the Premises by anyonenotice, except in a manner permitted as herein provided ( the same being hereby waived by this Lease; or (k) this Lease or any of the Tenant's assets are taken under any writ of execution; or (l) re-entry is permitted under any other terms of this Lease), then and in every such case the Landlord, in addition to any all other rights or remedies it has pursuant may have, shall have the right thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, and shall have the right, either before or by lawafter any such termination, has the immediate right of to re-entry upon enter and take possession of the Premises and it may repossess the Premises and enjoy them as of its former estate and may expel Premises, remove all persons and remove all property from the Premises and store 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 the account of the Tenant's's expense, all without service of notice or resort to legal process and without the Landlord being considered deemed guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby. Nothing herein shall be construed to require Landlord to give notice before exercising any of its rights and remedies provided for in this Lease.

Right to Re. Enter enter ----------------- If and whenever:When; (a) the Tenant fails to pay any Base Rent or Additional Rent or other sums due hereunder on the day or dates appointed for shall be in default in the payment thereof (provided the Landlord first gives of any Rent whether lawfully demanded or not and such default shall continue for a period of five (5) days' consecutive days following written notice to from the Tenant Landlord of any such failure)default; or (b) the Tenant fails to observe shall be in default of any of its covenants, obligations or perform agreements under this Lease or of any other of the terms, covenants term or conditions condition of this Lease to be observed or performed by the Tenant (other than the terms, covenants or conditions set out in Sections 7.1(cits covenant to pay Rent) to and such default shall continue for a period of fifteen (l), inclusive, for which no 15) consecutive days after written notice shall be required), provided by the Landlord first gives to the Tenant 15 days' specifying with reasonable particularity the nature of such default and requiring same to be remedied; then and in any of such cases the then current month's Rent, together with the Rent for the three (or such shorter period 3) months next ensuing shall immediately become due and payable and at the option of time as is otherwise provided herein) written notice of any such failure to perform the Landlord, the Term shall become forfeited and void, and the Tenant within such period of 15 days fails to commence diligently and, thereafter, to proceed diligently to cure any such failure to perform; or (c) the Tenant Landlord may without notice or any agent form of legal process whatsoever forthwith re-enter upon the Tenant falsifies any report or statement required to be furnished to the Landlord pursuant to this Lease; or (d) the Tenant or any guarantor of this Lease or any person occupying the Leased Premises or any part thereof or any licensee, concessionaire or franchisee operating business in the Premises becomes bankrupt or insolvent or takes the 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 (e) a receiver or a receiver and manager is appointed for all or a portion name of the Tenant's property whole and repossess and enjoy the same as of its former estate, anything contained in any statute or law to the contrary notwithstanding, provided, however, that such forfeiture shall be wholly without prejudice to the right of the Landlord to recover arrears of Rent or damages for any such guarantor's, occupant's, licensee's, concessionaire's or franchisee's property; or (f) any steps are taken or any action or proceedings are instituted antecedent default by the Tenant or by any other party, including, without limitation, any court or governmental body of competent jurisdiction for the dissolution, winding-up or liquidation of the Tenant or its assets; or (g) the Tenant makes a sale in bulk of any of its assets wherever situate (other than a bulk sale made to an assignee covenants, obligations or sublessee pursuant to a permitted assignment or subletting hereunder and pursuant to the Bulk Sales Act (Ontario)); or (h) the Tenant abandons or attempts to abandon the Premises or, other than in the ordinary course of business, sells or disposes of the trade fixtures, goods or chattels of the Tenant or remove them from the Premises so that there would not, in the event of such sale or disposal, be sufficient trade fixtures, goods or chattels of the Tenant on the Premises subject to distress to satisfy all rent due or accruing hereunder for a period of at least 6 months; or (i) the Premises become and remain vacant for a period of 7 consecutive days or are used by any persons other than such as are entitled to use them hereunder; or (j) the Tenant assigns, transfers, encumbers, sublets or, save and except with respect to an affiliate (as that term is defined in the OBCA) with prior written notice to the Landlord, permits the occupation or use or the parting with or sharing possession of all or any part of the Premises by anyone, except in a manner permitted by this Lease; or (k) agreements under this Lease or any of the Tenant's assets are taken under any writ of execution; or (l) re-entry is permitted under any other terms term or condition of this Lease, then Lease and in every provided further that notwithstanding any such case forfeiture the Landlord, in addition to any other rights or remedies it has pursuant to Landlord may subsequently recover from the Tenant damages for loss of Rent suffered by reason of this Lease or by law, has the immediate right of re-entry upon the Premises and it may repossess the Premises and enjoy them as of its former estate and 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 the account of the Tenant, all without service of notice or resort to legal process and without the Landlord being considered guilty of trespass or becoming liable for any loss or damage which may be occasioned therebyhaving been prematurely determined.