Common use of Surrender and Re-Entry Clause in Contracts

Surrender and Re-Entry. If (a) Tenant shall fail to pay Base Rent or Additional Rent when due and such failure shall continue for the number of days specified in Section 15.1 after notice thereof from Landlord to Tenant or (b) this Lease shall expire and terminate as provided in Section 15.1, then, in either such case, Tenant shall immediately quit and peacefully surrender the Premises to Landlord, and Landlord and its agents may immediately, or at any time thereafter, without further notice, re-enter the Premises, either by summary proceedings or by any other applicable action or proceeding or otherwise, and remove all Persons and property from the Premises. The removed property may be stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. The terms "re- enter," "re-entry" or "re-entered" as used in this Lease shall not be deemed to be restricted to their technical legal meanings. (a) Landlord shall have re-entered the Premises as provided in Section 15.2.1 or (b) this Lease shall have terminated and expired as provided in Section 15.1, then, in either such case, Landlord may relet the Premises from time to time, either in the name of Landlord or otherwise, to such tenant or tenants, for such term or terms ending before, on or after the then next succeeding Expiration Date, at such rental or rentals and upon such other conditions (that may include concessions and free rent periods) as Landlord may determine; provided, however, that Landlord shall not be liable for refusal or failure to relet the Premises, or, in the event of any such reletting, for refusal or failure to collect any rent due upon any such reletting, and no such refusal or failure shall operate to relieve Tenant of any liability under this Lease or otherwise affect any such liability. Landlord may make such repairs, replacements, alterations, additions, improvements, decorations and other physical changes in and to the Premises as Landlord, in its sole discretion, considers advisable or necessary in connection with any such reletting or proposed reletting, without relieving Tenant of any liability under this Lease or otherwise affecting any such liability.

Surrender and Re-Entry. If If (a) Tenant shall fail to pay Base Rent or Additional Rent when due and such failure shall continue for the number of five (5) days specified in Section 15.1 after notice thereof from Landlord to Tenant or (b) this Lease shall expire and terminate as provided in Section 15.123.1, then, then in either such case, Tenant shall immediately quit and peacefully surrender the Premises to Landlord, and Landlord and its agents may immediately, or at any time thereafter, without further notice, re-enter the Premises, either by summary proceedings or by any other applicable action or proceeding or otherwise, and remove all Persons and property from the Premises. The removed property may be stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. The terms "re- re-enter," "re-entry" or "re-entered" as used in this Lease shall not be deemed to be restricted to their technical legal meanings. (a) Landlord shall have re-entered the Premises as provided in this Section 15.2.1 23.2.1 or (b) this Lease shall have terminated and expired as provided in Section 15.123.1, then, in either such case, Landlord may relet the Premises from time to time, either in the name of Landlord or otherwise, to such tenant or tenants, for such term or terms ending before, on or after the then next succeeding Expiration Date, at such rental or rentals and upon such other conditions (that may include concessions and free rent periods) as Landlord may determine; provided, however, that Landlord shall not be liable for refusal or failure to relet the Premises, or, in the event of any such reletting, for refusal or failure to collect any rent due upon any such reletting, and no such refusal or failure shall operate to relieve Tenant of any liability under this Lease or otherwise affect any such liability. Landlord may make such repairs, replacements, alterations, additions, improvements, decorations and other physical changes in and to the Premises as Landlord, in its sole discretion, considers advisable or necessary in connection with any such reletting or proposed reletting, without relieving Tenant of any liability under this Lease or otherwise affecting any such liability.