Abandonment. If Tenant abandons the Premises of any personal property during the term of this Lease, Landlord may at is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.
Appears in 6 contracts
Samples: Month to Month Rental Agreement, Month to Month Rental Agreement, Month to Month Rental Agreement
Abandonment. If Landlord does not elect to terminate this Lease as provided in Section 13.A or 13.B above, then the provisions of California Civil Code Section 1951.4, (Landlord may continue the lease in effect after Tenant's breach and abandonment and recover rent as it becomes due if Tenant abandons the Premises of any personal property during the term of has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, Landlord may at is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined either recover all rental as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to it becomes due or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying relet the Premises or from any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable, with the acts or omissions of any person or persons, including Tenant, in or about right to make alterations and repairs to the Premises with Tenant’s express or implied consent except Landlord’s act or negligencePremises. LEGAL FEES: In the event that Landlord elects to so relet, rentals received by Landlord from such reletting shall be applied in the following order to: (i) the payment of any indebtedness other than Base Monthly Rent due hereunder from Tenant violates to Landlord; (ii) the terms payment of any cost of such reletting; (iii) the payment of the Lease or defaults in the performance cost of any covenants in alterations and repairs to the Lease Premises; and (iv) the Landlord engages an attorney or institutes a legal actionpayment of Base Monthly Rent due and unpaid hereunder. The residual rentals, counterclaimif any, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable held by Landlord and applied in payment of future Base Monthly Rent as the same may become due and payable hereunder. Landlord shall have the obligation to market the space but shall have no obligation to relet the Premises following a default if Landlord for has other comparable available space within the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costsBuilding or Project. In the event the Tenants bring portion of rentals received from such reletting which is applied to the payment of rent hereunder during any action against month be less than the Landlord pursuant to this Lease and the Landlord prevailsrent payable during that month by Tenant hereunder, then Tenant shall be liable pay such deficiency to Landlord for immediately upon demand. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses of defending incurred by Landlord in such action, including reasonable attorney fees reletting or in making such alterations and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about repairs not covered by the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.rentals received from such reletting.
Appears in 4 contracts
Samples: Lease Termination and Settlement Agreement (Network Equipment Technologies Inc), Lease Agreement (Broadcom Corp), Lease Agreement (Network Equipment Technologies Inc)
Abandonment. If Landlord does not elect to terminate this Lease as provided in Section 13.A or 13.B above, then the provisions of California Civil Code Section 1951.4, (Landlord may continue the lease in effect after Tenant's breach and abandonment and recover rent as it becomes due if Tenant abandons the Premises of any personal property during the term of has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, Landlord may at is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined either recover all rental as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to it becomes due or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying relet the Premises or from any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its reasonable discretion may deem advisable, with the acts or omissions of any person or persons, including Tenant, in or about right to make alterations and repairs to the Premises with Tenant’s express or implied consent except Landlord’s act or negligencePremises. LEGAL FEES: In the event that Landlord elects to so relet, rentals received by Landlord from such reletting shall be applied in the following order to: (i) the payment of any indebtedness other than Base Monthly Rent due hereunder from Tenant violates to Landlord; (ii) the terms payment of any cost of such reletting; (iii) the payment of the Lease or defaults in the performance cost of any covenants in alterations and repairs to the Lease Premises; and (iv) the Landlord engages an attorney or institutes a legal actionpayment of Base Monthly Rent due and unpaid hereunder. The residual rentals, counterclaimif any, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable held by Landlord and applied in payment of future Base Monthly Rent as the same may become due and payable hereunder. Landlord shall have the obligation to market the space but shall have no obligation to relet the Premises following a default if Landlord for has other comparable available space within the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costsBuilding or Project. In the event the Tenants bring portion of rentals received from such reletting which is applied to the payment of rent hereunder during any action against month be less than the Landlord pursuant to this Lease and the Landlord prevailsrent payable during that month by Tenant hereunder, then Tenant shall be liable pay such deficiency to Landlord for immediately upon demand. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses of defending incurred by Landlord in such action, including reasonable attorney fees reletting or in making such alterations and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about repairs not covered by the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.rentals received from such reletting.
Appears in 3 contracts
Samples: Quarterly Report, Lease Agreement (Verisign Inc/Ca), Lease Agreement (Verisign Inc/Ca)
Abandonment. If Landlord does not elect to terminate this Lease as provided in Section 13.A or 13.B above, then the provisions of California Civil Code Section 1951.4, (Landlord may continue the lease in effect after Tenant's breach and abandonment and recover rent as it becomes due if Tenant abandons the Premises of any personal property during the term of has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, Landlord may at is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined either recover all rental as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to it becomes due or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying relet the Premises or from any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its reasonable discretion may deem advisable, with the acts or omissions of any person or persons, including Tenant, in or about right to make alterations and repairs to the Premises with Tenant’s express or implied consent except Landlord’s act or negligencePremises. LEGAL FEES: In the event that Landlord elects to so relet, rentals received by Landlord from such reletting shall be applied in the following order to: (i) the payment of any indebtedness other than Base Monthly Rent due hereunder from Tenant violates to Landlord; (ii) the terms payment of any cost of such reletting; (iii) the payment of the Lease or defaults in the performance cost of any covenants in alterations and repairs to the Lease Premises; and (iv) the Landlord engages an attorney or institutes a legal actionpayment of Base Monthly Rent due and unpaid hereunder. The residual rentals, counterclaimif any, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable held by Landlord and applied in payment of future Base Monthly Rent as the same may become due and payable hereunder. Landlord shall have the obligation to market the space but shall have no obligation to relet the Premises following a default if Landlord for has other comparable available space within the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costsBuildings or Project. In the event the Tenants bring portion of rentals received from such reletting which is applied to the payment of rent hereunder during any action against month be less than the Landlord pursuant to this Lease and the Landlord prevailsrent payable during that month by Tenant hereunder, then Tenant shall be liable pay such deficiency to Landlord for immediately upon demand. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses of defending incurred by Landlord in such action, including reasonable attorney fees reletting or in making such alterations and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about repairs not covered by the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.rentals received from such reletting.
Appears in 3 contracts
Samples: Quarterly Report, Lease Agreement (Verisign Inc/Ca), Lease Agreement (Verisign Inc/Ca)
Abandonment. If Tenant shall not abandon the Premises at any time during the term hereof. Tenant understands that if Tenant abandons the Premises, the risk of fire, other casualty and vandalism to the Premises and the Building will be increased. Accordingly, such action by Tenant shall constitute an Event of Default hereunder. Tenant’s mere vacating of the Premises during the term hereof shall not constitute an Event of Default under this Lease (including Paragraph 25.a.2. below) so long as Tenant continues to pay Monthly Rent, Additional Rent and all other sums due Landlord under this Lease, maintains the insurance coverage required pursuant to Paragraph 15 of this Lease and Tenant otherwise continues to perform its obligations under this Lease, and so long as Tenant provides Landlord with written notice of an alternate address for notices to Tenant under this Lease (other than the Premises) if such vacancy exceeds thirty (30) consecutive days. Upon the expiration or earlier termination of this Lease, or if Tenant abandons the Premises or surrenders all or any part of any personal property during the term Premises or is dispossessed of this Lease, Landlord may at is option enter the Premises by process of law, or otherwise, any legal means without liability movable furniture, equipment, trade fixtures, or other personal property belonging to Tenant and may left on the Premises shall at Landlord’s the option terminate of Landlord be deemed to be abandoned and, whether or not the Lease. Abandonment property is defined as absence of deemed abandoned, Landlord shall have the Tenants right to remove such property from the Premises and charge Tenant for at least ____ consecutive days without notice to Landlord. If Tenant abandons the removal and any restoration of the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, as provided in Paragraph 9. Landlord may at Landlordcharge Tenant for the storage of Tenant’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property left on the Premises at such rates as Landlord may from time to time reasonably determine, or, Landlord may, at its option, store Tenant’s property in a public warehouse at Tenant’s expense. Notwithstanding the foregoing, neither the provisions of this Paragraph 11 nor any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold other provision of this Lease shall impose upon Landlord and Landlordany obligation to care for or preserve any of Tenant’s property, including property left upon the Premises, free and harmless Tenant hereby waives and releases Landlord from any claim or liability for losses, claims, injury to or death in connection with the removal of any person, including Tenant, or for damage to such property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter the storage thereof and specifically waives the provisions of California Civil Code Section 1542 with respect to show such release. Landlord’s action or inaction with regard to the provisions of this Paragraph 11 shall not be construed as a waiver of Landlord’s right to require Tenant to remove its property, restore any damage to the Premises and the Building caused by such removal, and make any restoration required pursuant to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.Paragraph 9 above.
Appears in 3 contracts
Samples: Office Lease (Marin Software Inc), Office Lease (Marin Software Inc), Office Lease (Marin Software Inc)
Abandonment. If Tenant abandons It is agreed that if the Premises of any personal property leased premises shall be abandoned or become vacant during the term of this Lease, Landlord may at is option enter lease without the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate Lessee having paid in full the Lease. Abandonment is defined as absence rent of the Tenants entire time then and in such case the Lessor shall have the right at its option to take possession of the leased premises and to let the same as the agent of the Lessee and apply the proceeds received from such letting towards the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while payment of the rent is outstanding due by Lessee under this lease and such re-entering and re-letting shall not discharge the Lessee from liability for more than ____ days and there is not reasonable evidencerent or other charges, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless nor from any liability for losses, claims, injury to or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates other obligations under the terms of this lease; or at the Lease option of the Lessor the rent for the entire term shall at once become due and payable and the Lessor may proceed to the collection of rent for the entire term as if by the terms of this lease the entire rent for the entire term should be made payable in advance, or defaults the Lessor may at its option re-enter the leased premises and annul and terminate this lease. These provisions, however, are not to be construed as limiting the Lessor’s legal rights but are in addition to such existing rights. It is agreed that the swimming pool on the premises is there for the convenience of the Lessee and the Lessee uses same at his own risk. It is understood that the Lessor is in no way liable or can be held liable for any damages, bodily injury, or loss of life, resulting from or any way relating to the use of the pool or the pool premises. Pool passes are required to be in the performance of any covenants pool area and can be picked up at the Gentilly Park office during normal business hours. Any mobile home not maintained in the Lease and the Landlord engages an attorney a structurally sound or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants cosmetically neat condition shall be liable just cause for eviction, based on the Gentilly Park Rules and Regulations. Lessor has the right to Landlord refuse renewal of the lessee’s lease agreement for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costsupcoming lease year. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ Any homeowner with a delinquent balance exceeding sixty (60) days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in subject to a thirty (30) day eviction at the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.homeowner/Lessee’s expense.
Appears in 3 contracts
Samples: Lot Lease Agreement, Lot Lease Agreement, Lot Lease Agreement
Abandonment. If Tenant abandons shall not abandon the Premises of or any personal property part thereof at any time during the term hereof. Tenant’s mere vacating of the Premises during the term hereof shall not constitute an abandonment under this Lease nor an Event of Default so long as Tenant continues to pay Monthly Rent, Additional Rent and all other sums due Landlord under this Lease and maintains the insurance coverage required pursuant to Paragraph 15 of this Lease. Upon the expiration or earlier termination of this Lease, Landlord may at or if Tenant abandons or surrenders all or any part of the Premises or is option enter dispossessed of the Premises by process of law, or otherwise, any legal means without liability movable furniture, equipment, trade fixtures, or other personal property belonging to Tenant and may left on the Premises shall at Landlord’s the option terminate of Landlord be deemed to be abandoned and, whether or not the Lease. Abandonment property is defined as absence of deemed abandoned, Landlord shall have the Tenants right to remove such property from the Premises and charge Tenant for at least ____ consecutive days without notice to Landlord. If Tenant abandons the removal and any restoration of the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, as provided in Paragraph 9. Landlord may at Landlordcharge Tenant for the storage of Tenant’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property left on the Premises at such rates as Landlord may from time to time reasonably determine, or, Landlord may, at its option, store Tenant’s property in a public warehouse at Tenant’s expense. Notwithstanding the foregoing, neither the provisions of this Paragraph 11 nor any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold other provision of this Lease shall impose upon Landlord and Landlordany obligation to care for or preserve any of Tenant’s property, including property left upon the Premises, free and harmless Tenant hereby waives and releases Landlord from any claim or liability for losses, claims, injury to or death in connection with the removal of any person, including Tenant, or for damage to such property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter the storage thereof and specifically waives the provisions of California Civil Code Section 1542 with respect to show such release. Landlord’s action or inaction with regard to the provisions of this Paragraph 11 shall not be construed as a waiver of Landlord’s right to require Tenant to remove its property, restore any damage to the Premises and the Building caused by such removal, and make any restoration required pursuant to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.Paragraph 9 above.
Appears in 2 contracts
Samples: Office Lease (Twitter, Inc.), Office Lease (Twitter, Inc.)
Abandonment. If Tenant abandons shall not abandon the Premises of or any personal property part thereof at any time during the term hereof. Upon the expiration or earlier termination of this Lease, Landlord may at or if Tenant abandons or surrenders all or any part of the Premises or is option enter dispossessed of the Premises by process of law, or otherwise, any legal means without liability movable furniture, equipment, trade fixtures, or other personal property belonging to Tenant and may left on the Premises shall at Landlord’s the option terminate of Landlord be deemed to be abandoned and, whether or not the Lease. Abandonment property is defined as absence of deemed abandoned, Landlord shall have the Tenants right to remove such property from the Premises and charge Tenant for at least ____ consecutive days without notice to Landlord. If Tenant abandons the removal and any restoration of the Premises while as provided in Paragraph 9. Xxxxxxxx may charge Tenant for the rent is outstanding storage of Tenant's property left on the Premises at such rates as Landlord may from time to time reasonably determine, or, Landlord may, at its option, store Tenant's property in a public warehouse at Tenant's expense. Notwithstanding the foregoing, neither the provisions of this Paragraph 11 nor any other provision of this Lease shall impose upon Landlord any obligation to care for more than ____ days or preserve any of Tenant's property left upon the Premises, and there is Tenant hereby waives and releases Landlord from any claim or liability in connection with the removal of such property from the Premises and the storage thereof and specifically waives the provisions of California Civil Code Section 1542 with respect to such release. Landlord's action or inaction with regard to the provisions of this Paragraph 11 shall not reasonable evidencebe construed as a waiver of Landlord's right to require Tenant to remove its property, restore any damage to the Premises and the Building caused by such removal, and make any restoration required pursuant to Paragraph 9 above. Tenant's mere vacating of the Premises during the term hereof shall not constitute an Event of Default (as defined in Paragraph 25.a.) so long as Tenant continues to pay Monthly Rent, Additional Rent and all other sums due Landlord under this Lease, maintains the insurance coverage required pursuant to Paragraph 15 of this Lease and otherwise continues to perform its obligations under this Lease, and so long as Tenant provides Landlord with written notice of an alternate address for notices to Tenant under this Lease (other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon ) if such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.vacancy exceeds sixty (60) consecutive days.
Appears in 2 contracts
Samples: Office Lease (Ask Jeeves Inc), Office Lease (Ask Jeeves Inc)
Abandonment. If Tenant abandons the Premises of any personal property during the term of this LeaseLeased Premises, Landlord may at is option terminate the Lease effective on the date of abandonment. Landlord may enter the Leased Premises by any legal means without liability to Tenant being liable for prosecution and may without becoming liable for damages or payment of any amount and may, at Landlord’s option terminate discretion, re-let the Lease. Abandonment is defined as absence Leased Premises for the whole or any part of the Tenants unexpired term and receive and collect all rent payable by virtue of such re-letting and again, at Landlord’s option, hold Tenant liable for any difference between the Contract Rent that would have been payable under this Lease during the balance of the unexpired term if the Lease had continued in force. If Tenant will be absent from the Leased Premises for at least ____ more than seven (7) consecutive days without days, Tenant shall give prior written notice of such absence to Landlord. If Tenant abandons fails to give such notice, Landlord may recover any damages resulting from Tenant’s failure to provide notice. Landlord may enter the Leased Premises while the rent is outstanding during any absence of Tenant for more than ____ days seven (7) days, whether or not Tenant provides notice of absence, as reasonably necessary to protect Landlord’s possessions and there property. Tenant must remove all personal property from the unit when Tenant leaves the tenancy and/or surrenders the unit and when the Lease is not reasonable evidence, other than terminated. If Tenant abandons the presence of the Tenants’ personal property, that the Tenant is occupying the unitLeased Premises, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in consider any personal property left on the manner prescribed by law. Leased Premises to have likewise been abandoned, and, within 24 hours after termination, Landlord will may dispose of all abandoned such personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To it deems proper in accordance with the extent permitted by law, without any liability to Tenant will indemnify and hold for doing so. If Landlord and Landlord’s sells the property, funds received shall be applied against any amounts owed to Landlord by Tenant including the Premises, free costs of storage and harmless from any liability for losses, claims, injury to or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms sale of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants property. Any remaining funds shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and coststreated as a security deposit under Paragraph 7. In the event Tenant vacates the Tenants bring any action against Leased Premises with or without notice to Landlord, leaving in the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord unit or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent Leased Premises, personal property of the Landlord. NOISE: Tenant any nature or description, Landlord shall not cause or allow any unreasonably loud noise or activity be responsible for such property, and Landlord may consider such property to be abandoned and may dispose of such property in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.accordance with this paragraph.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Abandonment. If Tenant abandons tenant moves out before the Premises end of this lease, it shall be tenant’s responsibility to pay a fee to re-rent the property equal to one equal installment of rent. The tenant is additionally responsible for the equal installment of rental payments until the expiration of this lease or until rent is received under a new lease. If tenant is absent from the premises for MORE THAN 5 CONSECUTIVE DAYS, while rent is in default, tenant hereby instructs landlord to consider the premises abandoned, and to dispose of any property left on the premises as landlord sees fit, without being liable to tenant. The tenant agrees that upon surrender, abandonment, or recovery of possession of the dwelling unit due to the death of the last remaining tenant, as provided by chapter 83, Florida Statues. The Landlord shall not be liable or responsible for storage or disposition of the tenant’s personal property during property. LEGAL PROCEEDINGS: It is further agreed that no waiver of any breach of any covenant, condition of agreement herein contained shall operate as a waiver of the term covenant, or agreement itself, or any subsequent breach thereof. Tenants shall pay owner all costs, expenses including but not limited to attorney fees, collection agency fees, processing fees, and court charges resulting from the enforcement of covenants and agreements of this Lease, Landlord may at lease. Tenant waives right to a jury trial. Attorney fees are not awardable in an action for personal injuries. MAINTENANCE OF PREMISES: It is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, further agreed that the Tenant is occupying the unitsaid tenant will not do, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury suffer or permit anything to or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenantbe done, in or about the Premises with Tenant’s express premises which will contravene the policy of insurance against loss by fire or implied consent except Landlord’s act or negligence. LEGAL FEES: In increase the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease fire and the Landlord engages an attorney or institutes a legal action, counterclaimlandlord liability insurance rate, or summary proceeding against Tenants based upon such violation keep any gasoline or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costsother combustibles on said premises. In the event fire is caused by tenant’s negligence, tenant will be held responsible for any lost rents suffered by the Tenants bring any action against landlord while property is being repaired. It is further agreed that the Landlord pursuant tenant will keep said premises, including garage, if any, in good order and condition, keep all portions of the leased premises in clean and sanitary condition and comply with all applicable federal, state and local laws, ordinances and regulations with respect to this Lease said premises. RESPONSIBILITY FOR REPAIRS: Any repairs made necessary due to the negligence of the tenant, his licenses, his invitees, and the Landlord prevailshis pets, Tenant shall be liable paid for by the tenant (i.e., broken locks, windows, doors, walls, etc.). This would include plumbing obstruction due to Landlord negligence of the tenant, his family, servants, employees or guests. The tenant is fully responsible for costs and expenses repairs to all appliances other than those attributable to normal usage. NOTICE OF DEFECTS: It is further agreed that the tenant will give landlord or agent prompt notice in writing by email at xxxx@xxxxxxxxxxxxxxxxxxxx.xxx or text at 850.894.7368., of defending such actionany defects, leaks, or breakage in the structure, equipment or fixtures of said premises, including reasonable attorney fees damage by fire, storm and costsflood. DISPLAY If additional damage results from tenant’s failure to notify landlord of a defect, tenant will be responsible for the expense of repairing said damage. Landlord will not provide reimbursement/replacement of personal property, utilities, inconvenience and/or rent at any time. SURRENDER OF SIGNSPREMISES: Landlord or LandlordTenant agrees to surrender the said premises and all the landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about furniture and fixtures are in good, clean and operating condition at the Premises and enter to show the Premises to prospective tenants during the last ____ days expiration of this Leaselease. Normal wear and damage by fire, storm and public enemies only accepted. There should be no trash or debris left in or around premises including attic, yard, closets or porch. Property to be broom swept and mopped, bathrooms, kitchens and bedrooms cleaned, carpets vacuumed, all appliances clean and operating, no painted walls (charge per wall will apply) with no broken windows or holes in walls, etc. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in charged for the common areasabove items a minimum of $250 each, if not completed by the date property is vacated. Furniture delivery and removal Tenant will take place between _____a.m. and _____p.m.also be responsible for any vandalism to property even after vacating said premises until such time as all keys are returned to: . A $75.00 charged will be assessed for each key not returned to landlord on last day of contract or move-out date whichever is first.
Appears in 2 contracts
Samples: Residential Lease Agreement, Residential Lease Agreement
Abandonment. If Tenant abandons shall not abandon the Premises of or any personal property part thereof at any time during the term hereof. Tenant’s mere vacating of the Premises during the term hereof shall not constitute an abandonment under this Lease nor an Event of Default so long as Tenant continues to pay Monthly Rent, Additional Rent and all other sums due Landlord under this Lease and maintains the insurance coverage required pursuant to Paragraph 15 of this Lease. Upon the expiration or earlier termination of this Lease, Landlord may at or if Tenant abandons or surrenders all or any part of the Premises or is option enter dispossessed of the Premises by process of law, or otherwise, any legal means without liability movable furniture, equipment, trade fixtures, or other personal property belonging to Tenant and may left on the Premises shall, at the option of Landlord’s option terminate , be deemed to be abandoned and, whether or not the Lease. Abandonment property is defined as absence of deemed abandoned, Landlord shall have the Tenants right to remove such property from the Premises and charge Tenant for at least ____ consecutive days without notice to Landlord. If Tenant abandons the removal and any restoration of the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, as provided in Paragraph 9. Landlord may at Landlordcharge Tenant for the storage of Tenant’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property left on the Premises at such rates as Landlord may from time to time reasonably determine, or, Landlord may, at its option, store Tenant’s property in a public warehouse at Tenant’s expense. Notwithstanding the foregoing, neither the provisions of this Paragraph 11 nor any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold other provision of this Lease shall impose upon Landlord and Landlordany obligation to care for or preserve any of Tenant’s property, including property left upon the Premises, free and harmless Tenant hereby waives and releases Landlord from any claim or liability for losses, claims, injury to or death in connection with the removal of any person, including Tenant, or for damage to such property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter the storage thereof and specifically waives the provisions of California Civil Code Section 1542 with respect to show such release. Landlord’s action or inaction with regard to the provisions of this Paragraph 11 shall not be construed as a waiver of Landlord’s right to require Tenant to remove its property, restore any damage to the Premises and the Building caused by such removal, and make any restoration required pursuant to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.Paragraph 9 above.
Appears in 2 contracts
Samples: Office Lease (Cra International, Inc.), Office Lease (Zscaler, Inc.)
Abandonment. If Tenant abandons shall not vacate or abandon the Premises of or any personal property ----------- part thereof at any time during the term hereof. Tenant understands that if Tenant leaves the Premises or any part thereof vacant, the risk of fire, other casualty and vandalism to the Premises and the Building will be increased. Accordingly, such action by Tenant shall constitute an Event of Default hereunder regardless Of whether Tenant continues to pay Monthly Rent and Additional Rent under this Lease. Upon the expiration or earlier termination of this Lease, Landlord may at or if Tenant abandons, vacates or surrenders all or any part of the Premises or is option enter dispossessed of the Premises by process of law, or otherwise, any legal means without liability movable furniture, equipment, trade fixtures, or other personal property belonging to Tenant and may left on the Premises shall at Landlord’s the option terminate of Landlord be deemed to be abandoned and, whether or not the Lease. Abandonment property is defined as absence of deemed abandoned, Landlord shall have the Tenants right to remove such property from the Premises and charge Tenant for at least ____ consecutive days without notice to Landlord. If Tenant abandons the removal and any restoration of the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, as provided in Paragraph 9. Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in charge Tenant for the manner prescribed by law. Landlord will dispose storage of all abandoned personal Tenant's property left on the Premises at such rates as Landlord may from time to time reasonably determine, or, Landlord may, at its option, store Tenant's property in a public warehouse at Tenant's expense. Notwithstanding the foregoing, neither the provisions of this Paragraph 11 nor any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold other provision of this Lease shall impose upon Landlord and Landlord’s property, including any obligation to care for or preserve any of Tenant's property left upon the Premises, free and harmless Tenant hereby waives and releases Landlord from any claim or liability for losses, claims, injury to or death in connection with the removal of any person, including Tenant, or for damage to such property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter the storage thereof and specifically waives the provisions of California Civil Code Section 1542 with respect to show such release. Landlord's action or inaction with regard to the provisions of this Paragraph 11 shall not be construed as a waiver of Landlord's right to require Tenant to remove its property, restore any damage to the Premises and the Building caused by such removal, and make any restoration required pursuant to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.Paragraph 9 above.
Appears in 2 contracts
Samples: Office Lease (Digital Island Inc), Office Lease (Digital Island Inc)
Abandonment. The Payor shall not abandon any licenses, patented or unpatented claims comprising part of the Property or any other interest in the Property unless it first complies with this Section 7(d) (provided that in the case of leased properties, the Payor shall only be required to comply with this Section 7(d) to the extent permitted under the applicable lease or sublease). If Tenant abandons the Premises Payor wishes to abandon any of the licenses, patented or unpatented claims comprising part of the Property or any other interest in the Property (“Abandonment Property”), the Payor shall, subject to any existing rights related to the Property existing at the date of this Agreement, first give notice of such intention to the Payee at least 30 days in advance of the proposed date of abandonment. If, not less than 10 days before the proposed date of abandonment, the Payor receives from the Payee written notice that the Payee wishes to acquire the Abandonment Property, the Payor shall, without additional consideration, convey the Abandonment Property in good standing for nominal consideration to the Payee or an assignee thereof (subject to applicable consents and authorizations required by Applicable Law in Mexico), and thereafter the Payor and the Guarantor shall have no further obligations to the Payee under this Agreement and shall have no further obligation to maintain title to the Abandonment Property. If the Payee does not give such notice to the Payor within the prescribed period of time, the Payor may abandon the Abandonment Property and shall thereafter the Payor and the Guarantor shall have no further obligations to the Payee under this Agreement and shall have no further obligation to maintain title to the Abandonment Property; provided, however, that if any Return Entity reacquires a direct or indirect interest in any of the Abandonment Property at any time following such abandonment, the production of Minerals from such property shall be subject to the Return and this Agreement. The Payor shall give prompt written notice to the Payee of any personal property during the term of this Lease, Landlord may at is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Leasesuch reacquisition. Abandonment is defined as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is The Payor agrees that it will not reasonable evidenceadvise or inform, other than as required by Applicable Law, any other person of such intent or action until at least five Business Days following the presence date of abandonment, relinquishment or non-renewal of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord Property pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.Section 7(d).
Appears in 2 contracts
Abandonment. If Tenant abandons shall not abandon the Premises of or any personal property substantial part thereof at any time during the term hereof. Tenant understands that if Tenant should leave the Premises or any part thereof vacant and unsupervised for a substantial period of time such that the risk of fire, other casualty and vandalism to the Premises and the Building will be increased, such action by Tenant shall constitute a breach of this Lease, whether or not Tenant continues to pay rent and additional rent under this Lease. If Tenant shall abandon, vacate or surrender the Premises, or any substantial part thereof or be dispossessed by process of law, or otherwise, any movable furniture, equipment, trade fixtures, or other personal property belonging to Tenant and left on the Premises shall be deemed to be abandoned at the option of Landlord (except such property as may be mortgaged to Landlord), and, whether or not deemed abandoned, Landlord shall have the right to remove the same from the Premises and charge Tenant for such removal and any restoration as provided in Paragraph 9. Landlord may charge Tenant at is option enter such rates as Landlord shall from time to time determine for storing the property so left upon the Premises by any legal means without liability to Tenant and may Tenant, or, at Landlord’s option terminate 's option, may store the Lease. Abandonment is defined as absence of the Tenants from the Premises for same in a public warehouse at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidenceTenant's expense provided, other than the presence of the Tenants’ personal propertyhowever, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate nothing set forth in this Paragraph or elsewhere in this Lease Agreement and regain possession in shall impose on Landlord any obligation for the manner prescribed by law. Landlord will dispose care or preservation of all abandoned personal such property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including so left upon the Premises, free and harmless Tenant hereby waives and releases Landlord from any liability for losses, claims, injury to or death and all claims in connection with such removal and specifically waives the provisions of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms section 1542 of the Lease California Civil Code with respect to such release. No action or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the inaction by Landlord pursuant to this Lease and the Landlord prevails, Tenant Paragraph 11 shall be liable construed to Landlord for costs have waived Landlord's right to require Tenant to remove its property, restore any damage to the Building caused by such removal, and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter make any restoration required pursuant to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.Paragraph 9 hereof
Appears in 2 contracts
Samples: Lease (Montgomery Realty Group Inc), Lease (Montgomery Realty Group Inc)
Abandonment. If Landlord does not elect to terminate this Lease as provided in Section 13.A or 13.B above, then the provisions of California Civil Code Section 1951.4, (Landlord may continue the lease in effect after Tenant’s breach and abandonment and recover rent as it becomes due if Tenant abandons the Premises of any personal property during the term of has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, Landlord may at is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined either recover all rental as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to it becomes due or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying relet the Premises or from any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable, with the acts or omissions of any person or persons, including Tenant, in or about right to make alterations and repairs to the Premises with Tenant’s express or implied consent except Landlord’s act or negligencePremises. LEGAL FEES: In the event that Landlord elects to so relet, rentals received by Landlord from such reletting shall be applied in the following order to: (i) the payment of any indebtedness other than Base Monthly Rent due hereunder from Tenant violates to Landlord; (ii) the terms payment of any cost of such reletting; (iii) the payment of the Lease or defaults in the performance cost of any covenants in alterations and repairs to the Lease Premises; and (iv) the Landlord engages an attorney or institutes a legal actionpayment of Base Monthly Rent due and unpaid hereunder. The residual rentals, counterclaimif any, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable held by Landlord and applied in payment of future Base Monthly Rent as the same may become due and payable hereunder. Landlord shall the obligation to market the space but shall have no obligation to relet the Premises following a default if Landlord for has other comparable available space within the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costsBuilding or Project. In the event the Tenants bring portion of rentals received from such reletting which is applied to the payment of rent hereunder during any action against month be less than the Landlord pursuant to this Lease and the Landlord prevailsrent payable during that month by Tenant hereunder, then Tenant shall be liable pay such deficiency to Landlord for immediately upon demand. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses of defending incurred by Landlord in such action, including reasonable attorney fees reletting or in making such alterations and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about repairs not covered by the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.rentals received from such reletting.
Appears in 2 contracts
Samples: Assignment and Assumption of Lease, Assignment and Assumption of Lease (Equinix Inc)
Abandonment. If Tenant shall not abandon the Premises or any part thereof at any time during the term hereof. Tenant understands that if Tenant abandons the Premises, the risk of fire, other casualty and vandalism to the Premises and the Building will be increased. Accordingly, such action by Tenant shall constitute an immediate Default hereunder regardless of any personal property during the term of whether Tenant continues to pay Base Rent and other Rent under this Lease, Landlord may at is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons or surrenders the Premises while the rent or is outstanding for more than ____ days and there is not reasonable evidence, other than the presence dispossessed of the Tenants’ personal propertyPremises by process of law, that the Tenant is occupying the unitor otherwise, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned any movable furniture, equipment, trade fixtures, or other personal property belonging to Tenant and left on the Premises shall at the option of Landlord be deemed to be abandoned and Landlord shall have the right to remove such property from the Premises and charge Tenant for the removal and any restoration of the Premises. Landlord may charge Tenant for the storage of Tenant’s property left on the Premises at such rates as Landlord may from time to time reasonably determine, or, Landlord may, at its option, store Tenant’s property in a public warehouse at Tenant’s expense. Notwithstanding the foregoing, neither the provisions of this Section 11.20 nor any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold other provision of this Lease shall impose upon Landlord and Landlordany obligation to care for or preserve any of Tenant’s property, including property left upon the Premises, free and harmless Tenant hereby waives and releases Landlord from any claim or liability for lossesin connection with the removal of such property from the Premises and the storage thereof and specifically waives the provisions of California Civil Code Section 1542 with respect to such release. Landlord’s action or inaction with regard to the provisions of this Section 11.20 shall not be construed as a waiver of Landlord’s right to require Tenant to remove its property, claims, injury to or death of restore any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises Building caused by such removal or from the acts or omissions of make any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord restoration required pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m..
Appears in 2 contracts
Abandonment. If Tenant abandons at any time while this Deed of Trust is in default the Premises Mortgaged Property shall be abandoned, vacated or left unattended, the Mortgagee, if in its discretion such steps are necessary for the protection of any personal the property, shall have the right, power and authority at its option to enter upon the property during and to secure same by changing the term locks thereon, to paint and repair such premises, and to place signs thereon notifying that it has taken possession of this Lease, Landlord may at is option enter the Premises by any legal means without liability to Tenant premises and may at Landlord’s option terminate also place signs thereon offering to sell the Leasepremises subject to its acquisition of title thereto by foreclosure proceedings or otherwise and to show the property to potential purchasers; and any such action by Mortgagee as described above shall not be deemed a trespass or trespasses or unlawful detainer upon such premises. Abandonment is defined as absence Furthermore, in the event of default hereunder, and the Mortgagor shall, either prior or subsequent to said default, remove or cause to be removed all or substantially all of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned Mortgagors personal property on the Mortgaged Property, the such default and abandonment of the property shall constitute a default and abandonment of the Mortgaged Premises in by the Mortgagor. Upon acquisition of title to the Mortgaged Property by the Mortgagee by foreclosure sale or otherwise, Mortgagee shall have the right to remove from the premises any manner allowed by law. INDEMNIFICATION: To and all personal property therein contained, and no liability shall attach to the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability Mortgagee to account for losses, claims, injury to or death of any person, including Tenant, such personal property or for damage to property arising from Tenant using and occupying damages occasioned by the Premises loss, theft or from removal of such personal property. Any costs or expenses of Mortgagee for securing, repairing or any other activities upon the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord premises pursuant to this Lease and the Landlord prevails, Tenant paragraph shall be liable the responsibility of the Mortgagor. The term “offering to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Salesell the premises” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs as used herein shall be placed defined to mean and shall include (but not be limited to) offering the Mortgaged Property for sale (a) by way of placing signage on Mortgaged Property, (b) by listing the Premises without the prior written consent Mortgaged Property on any MLS site or any other Web or Internet site or media and/or (c) through any other print or electronic means of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.advertising.
Appears in 2 contracts
Samples: Loan Agreement (iCap Vault 1, LLC), Loan Agreement (iCap Vault 1, LLC)
Abandonment. 15.2.1 If Tenant abandons the Premises Payor intends to allow to lapse, abandon or surrender the Property or any portion thereof (the “Abandonment Property”), the Payor shall give Notice of such intention to the Recipient at least 90 days in advance of the applicable date of expiration or the proposed date of abandonment or surrender (one or the other, an “Abandonment Date”) along with details of the Abandonment Date and details of any personal Encumbrance on the Abandonment Property created by, through or under the Payor. Within 20 days of receipt of such Notice, the Recipient may deliver Notice to the Payor that the Recipient desires the Payor to convey the Abandonment Property to the Recipient at least 30 days prior to the Abandonment Date and, if the Recipient desires to have the Abandonment Property conveyed to it, then the Payor shall convey the Abandonment Property to the Recipient, which will be on an “as is” basis in consideration for the sum of US$1.00 and the Payor shall have no further obligations in respect of the Abandonment Property under this Royalty Agreement. The Payor shall use commercially reasonable efforts to obtain all approvals and consents required by any third Person or Governmental Body to effect this transfer.
15.2.2 If the Recipient does not request conveyance of the Abandonment Property within 30 days of receipt of the Notice from the Payor then, subject to Subsection 7.2(c), the Recipient’s right to have such property during conveyed will be terminated and the term Payor may abandon the Abandonment Property and shall thereafter have no further obligations in respect of the Abandonment Property under this Royalty Agreement.
15.2.3 For greater certainty, if, for any reason, the Abandonment Property is not abandoned, surrendered or transferred to the Recipient in accordance with this Section 7.2, then the Royalty shall continue to be payable on such Abandonment Property and the Payor will not allow the Abandonment Property to lapse or proceed with any abandonment or surrender of such Abandonment Property without again complying with the provisions of this Lease, Landlord may at is option enter the Premises by any legal means without liability Section 7.2 and so on from time to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.time.
Appears in 2 contracts
Samples: Royalty Purchase Agreement, Royalty Purchase Agreement (Claude Resources Inc)
Abandonment. If Tenant abandons shall not vacate or abandon the Leased Premises of at any personal property time during the term of this Lease, Landlord may at is option enter or permit the Leased Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined as absence of the Tenants from the Premises remain unoccupied for at least ____ a period longer than Forty-Five (45) consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days term of this Lease. If Tenant agrees shall abandon, vacate or surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property belonging to Tenant and left on the Leased Premises shall, at the option of Landlord, be deemed abandoned and available to Landlord to use or sell to offset Rent due and payable. Should the Leased Premises be presumed to be vacated or abandoned, Landlord has the right, without being held as trespassing, to enter the Leased Premises for any purpose connected with the management, operation and leasing of the Leased Premises, and secure the same against further entry by Tenant or third parties. Xxxxxx Crossing 11 Fast Casual Concepts, Inc. If the Leased Premises are damaged by any peril covered by standard policies of fire and extended coverage insurance to an extent that is less than Twenty-Five Percent (25%) of the cost of replacement (as determined by Landlord’s insurer) of the Leased Premises, the damages shall, except as hereinafter provided, promptly be repaired by Landlord, at Landlord’s expense, but in no signs event shall Landlord be required to repair or replace Tenant’s stock in trade, trade fixtures, furniture, furnishings, equipment, personal property, or leasehold improvements, whether or not such leasehold improvements were originally made by Landlord. If:
(a) the Leased Premises are damaged by any cause to the extent of Twenty-Five Percent (25%) or more of the cost of replacement of the Leased Premises, or
(b) the buildings in the Shopping Center are damaged by any cause to the extent of Fifty Percent (50%) or more of the cost of replacement, or
(c) any damage by any cause to the Leased Premises occurs during the last Two (2) years of the term of this Lease, or
(d) Landlord’s mortgagee requires Landlord to apply insurance proceeds paid to Landlord due to any casualty to reduce debt secured by the Shopping Center, then Landlord may elect either to repair or rebuild the Leased Premises or the buildings in the Shopping Center, as the case may be, or to terminate this Lease upon giving notice of such election in writing to Tenant within ninety (90) days after the event causing the damage. If the casualty, repairing, or rebuilding shall render the Leased Premises untenantable, in whole or in part, a proportionate abatement of Minimum Rent shall be placed on allowed until the Premises without date Landlord completes the prior written consent of repairs or rebuilding. If Landlord is required or elects to repair the Landlord. NOISE: Leased Premises, Tenant shall not cause repair or allow any unreasonably loud noise replace its stock in trade, trade fixtures, furniture, furnishings, equipment and personal property in a manner and to at least a condition equal to that prior to its damage or activity destruction, and the proceeds of all insurance carried by Tenant shall be held in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging trust by Tenant for such repair or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.replacement.
Appears in 1 contract
Abandonment. If Tenant abandons shall not abandon the Premises of or any personal property part thereof at any time during the term hereof. Tenant's mere vacating of the Premises during the term hereof shall not constitute an abandonment under this Lease nor an Event of Default so long as Tenant continues to pay Monthly Rent, Additional Rent and all other sums due Landlord under this Lease and maintains the insurance coverage required pursuant to Paragraph 15 of this Lease. Upon the expiration or earlier termination of this Lease, Landlord may at or if Tenant abandons or surrenders all or any part of the Premises or is option enter dispossessed of the Premises by process of law, or otherwise, any legal means without liability movable furniture, equipment, trade fixtures, or other personal property belonging to Tenant and may left on the Premises shall at Landlord’s the option terminate of Landlord be deemed to be abandoned and, whether or not the Lease. Abandonment property is defined as absence of deemed abandoned, Landlord shall have the Tenants right to remove such property from the Premises and charge Tenant for at least ____ consecutive days without notice to Landlord. If Tenant abandons the removal and any restoration of the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, as provided in Paragraph 9. Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in charge Tenant for the manner prescribed by law. Landlord will dispose storage of all abandoned personal Tenant's property left on the Premises at such rates as Landlord may from time to time reasonably determine, or, Landlord may, at its option, store Tenant's property in a public warehouse at Tenant's expense. Notwithstanding the foregoing, neither the provisions of this Paragraph 11 nor any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold other provision of this Lease shall impose upon Landlord and Landlord’s property, including any obligation to care for or preserve any of Tenant's property left upon the Premises, free and harmless Tenant hereby waives and releases Landlord from any claim or liability for losses, claims, injury to or death in connection with the removal of any person, including Tenant, or for damage to such property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter the storage thereof and specifically waives the provisions of California Civil Code Section 1542 with respect to show such release. Landlord's action or inaction with regard to the provisions of this Paragraph 11 shall not be construed as a waiver of Landlord's right to require Tenant to remove its property, restore any damage to the Premises and the Building caused by such removal, and make any restoration required pursuant to prospective tenants during the last ____ days Paragraph 9 above. For purposes of this Lease. Tenant agrees that no signs shall be placed on Paragraph 11 and Paragraph 25 below, "abandon" is used within the Premises without the prior written consent meaning of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.California Civil Code Section 1951.2.
Appears in 1 contract
Samples: Office Lease (Ask Jeeves Inc)
Abandonment. If Tenant abandons shall not abandon the Premises of or any personal property part thereof at any time during the term of this Lease, Landlord may at is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlordhereof. If Tenant abandons or surrenders all or any part of the Promises or is dispossessed of the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidenceby process of law, or otherwise, any movable furniture, equipment, trade fixtures, or other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property belonging to Tenant and left on the Premises shall at the option of Landlord be deemed to be abandoned and, whether or not the property is deemed abandoned, Landlord shall have the right to remove such property from the Premises and charge Tenant for the removal and any restoration of the Premises as provided in Paragraph 9. Landlord may charge Tenant for the storage of Tenant's property left on the Premises at such rates as Landlord may from time to time reasonably determine, or, Landlord may, at its option, store Tenant's property in a public warehouse at Tenant's expense. Notwithstanding the foregoing, neither the provisions of this Paragraph 11 nor any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold other provision of this Lease shall impose upon Landlord and Landlord’s property, including any obligation to care for or preserve any of Tenant's property left upon the Premises, free and harmless Tenant hereby waives and releases Landlord from any claim or liability for lossesin connection with the removal of such property from the Premises and the storage thereof and specifically waives the provisions of California Civil Code Section 1542 with respect to such release. Landlord's action or inaction with regard to the provisions of this Paragraph 11 shall not be construed as a waiver of Landlord's right to require Tenant to remove its property, claims, injury to or death of restore any person, including Tenant, or for damage to property arising from Tenant using the Building caused by such removal, and occupying make any restoration required pursuant to Paragraph 9 hereof. Tenant's vacancy of the Premises or from during the acts or omissions term hereof shall not constitute an Event of any person or personsDefault (as provided in Paragraph 25.a.) so long as Tenant continues to pay Monthly Rent, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease Additional Rent and the all other sums due Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to under this Lease and maintains the Landlord prevails, Tenant shall be liable insurance coverage required pursuant to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days Paragraph 15 of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m..
Appears in 1 contract
Samples: Office Lease (CKS Group Inc)
Abandonment. If Tenant abandons shall not abandon the Premises of or any personal property part thereof at any time during the term hereof. Tenant's mere vacating of the Premises during the term hereof shall not constitute an abandonment under this Lease nor an Event of Default so long as Tenant continues to pay Monthly Rent, Additional Rent and all other sums due Landlord under this Lease and maintains the insurance coverage required pursuant to Paragraph 15 of this Lease. Upon the expiration or earlier termination of this Lease, Landlord may at or if Tenant abandons or surrenders all or any part of the Premises or is option enter dispossessed of the Premises by process of law, or otherwise, any legal means without liability movable furniture, equipment, trade fixtures, or other personal property belonging to Tenant and may left on the Premises shall at Landlord’s the option terminate of Landlord be deemed to be abandoned and, whether or not the Lease. Abandonment property is defined as absence of deemed abandoned, Landlord shall have the Tenants right to remove such property from the Premises and charge Tenant for at least ____ consecutive days without notice to Landlord. If Tenant abandons the removal and any restoration of the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, as provided in Paragraph 9. Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in charge Tenant for the manner prescribed by law. Landlord will dispose storage of all abandoned personal Tenant's property left on the Premises at such rates as Landlord may from time to time reasonably determine, or, Landlord may, at its option, store Tenant's property in a public warehouse at Tenant's expense. Notwithstanding the foregoing, neither the provisions of this Paragraph 11 nor any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold other provision of this Lease shall impose upon Landlord and Landlord’s property, including any obligation to care for or preserve any of Tenant's property left upon the Premises, free and harmless Tenant hereby waives and releases Landlord from any claim or liability for losses, claims, injury to or death in connection with the removal of any person, including Tenant, or for damage to such property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter the storage thereof and specifically waives the provisions of California Civil Code Section 1542 with respect to show such release. Landlord's action or inaction with regard to the provisions of this Paragraph 11 shall not be construed as a waiver of Landlord's right to require Tenant to remove its property, restore any damage to the Premises and the Building caused by such removal, and make any restoration required pursuant to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.Paragraph 9 above.
Appears in 1 contract
Samples: Office Lease (Kitara Media Corp.)
Abandonment. If Tenant abandons the Premises of any personal property during the term of this Lease, Landlord may at is option enter the Premises by any legal means without liability Sublandlord does not elect to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement Sublease as provided in Article 21.A or 21.B above, then the provisions of California Civil Code Section 1951.4, (Sublandlord may continue the Sublease in effect after Subtenant's breach and regain possession in abandonment and recover rent as it becomes due, if Subtenant has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Sublandlord may from time to time, without terminating this Sublease, either recover all rental as it becomes due or relet the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Sublease Premises or from any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Sublandlord in its sole discretion may deem advisable with the acts or omissions of any person or persons, including Tenant, in or about right to make alterations and repairs to the Premises with Tenant’s express or implied consent except Landlord’s act or negligenceSublease Premises. LEGAL FEES: In the event that Sublandlord shall elect to so relet, then rentals received by Sublandlord from such reletting shall be applied: first, to the Tenant violates the terms of the Lease or defaults in the performance payment of any covenants in indebtedness other than Base Monthly Rent due hereunder from Subtenant to Sublandlord; second, to the Lease payment of any cost of such reletting; third, to the payment of reasonable cost of any reasonably necessary alterations and repairs to the Sublease Premises; fourth, to the payment of Base Monthly Rent due and unpaid hereunder; and the Landlord engages an attorney or institutes a legal actionresidue, counterclaimif any, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable held by Sublandlord and applied in payment of future Base Monthly Rent as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied by the payment of rent hereunder, be less than the rent payable during that month by Subtenant hereunder, the Subtenant shall pay such deficiency to Landlord for the Sublandlord immediately upon demand therefor by Sublandlord. Such deficiency shall be calculated and paid monthly. Subtenant shall also pay to Sublandlord, as soon as ascertained, any reasonable costs and expenses incurred by Sublandlord in enforcing this Lease, including reasonable attorney fees such reletting or in making such alterations and costs. In repairs not covered by the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending rentals received from such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.reletting.
Appears in 1 contract
Abandonment. If Tenant abandons the Premises of any personal property during the term of this LeaseLeased Premises, Landlord may at is option terminate the Lease effective on the date of abandonment. Landlord may enter the Leased Premises by any legal means without liability to Tenant being liable for prosecution and may without becoming liable for damages or payment of any amount and may, at Landlord’s option terminate discretion, re-let the Lease. Abandonment is defined as absence Leased Premises for the whole or any part of the Tenants unexpired term and receive and collect all rent payable by virtue of such re-letting and again, at Landlord’s option, hold Tenant liable for any difference between the Rent that would have been payable under this Lease during the balance of the unexpired term if the Lease had continued in force. If Tenant will be absent from the Leased Premises for at least ____ more than seven (7) consecutive days without days, Tenant shall give prior written notice of such absence to Landlord. If Tenant abandons fails to give such notice, Landlord may recover any damages resulting from Tenant’s failure to provide notice. Landlord may enter the Leased Premises while the rent is outstanding during any absence of Tenant for more than ____ days seven (7) days, whether or not Tenant provides notice of absence, as reasonably necessary to protect Landlord’s possessions and there property. Tenant must remove all personal property from the unit when Tenant leaves the tenancy and/or surrenders the unit and when the Lease is not reasonable evidence, other than terminated. If Tenant abandons the presence of the Tenants’ personal property, that the Tenant is occupying the unitLeased Premises, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in consider any personal property left on the manner prescribed by law. Leased Premises to have likewise been abandoned, and, within 24 hours after termination, Landlord will may dispose of all abandoned such personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To it deems proper in accordance with the extent permitted by law, without any liability to Tenant will indemnify and hold for doing so. If Landlord and Landlord’s sells the property, funds received shall be applied against any amounts owed to Landlord by Tenant including the Premises, free costs of storage and harmless from any liability for losses, claims, injury to or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms sale of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants property. Any remaining funds shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and coststreated as a security deposit under Paragraph 6. In the event Tenant vacates the Tenants bring any action against Leased Premises with or without notice to Landlord, leaving in the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord unit or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Leased Premises without the prior written consent personal property of the Landlord. NOISE: Tenant any nature or description, Landlord shall not cause or allow any unreasonably loud noise or activity be responsible for such property, and Landlord may consider such property to be abandoned and may dispose of such property in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.accordance with this paragraph.
Appears in 1 contract
Samples: Lease Agreement
Abandonment. Tenant shall notify Landlord of any anticipated extended absence from the premises more than fourteen (14) days no later than the fifth (5th) day of the extended absence. Xxxxxx agrees that any unexplained absence from the Leased Premises for fourteen (14) days or more without notice to Landlord is abandonment, and Landlord may, in its sole discretion, determine the Leased Premises to be abandoned, and Landlord may proceed with actions allowed when a Tenant abandons a Leased Premises. A property is considered abandoned if electrical services are terminated for seven (7) consecutive days. If Tenant abandons is deemed to have abandoned the leased premises and the Rental Agreement is terminated due to the abandonment, 14 days after the termination of the Rental Agreement due to the abandonment, the Landlord has no duty to store or protect the Tenant’s property in the Leased Premises and may dispose of it without obligation, and the parties agree that the Tenant’s property is deemed abandoned. Tenant agrees that Landlord shall have no liability for any actions taken to secure the Leased Premises, obtain possession of the Leased Premises, or store or dispose of any personal property during or possessions found in the term of this LeaseLeased Premises when the Landlord deems the Leased Premises to have been abandoned, Landlord except as may at is option enter otherwise be provided in the Premises by any legal means without liability to Tenant Act. Except as otherwise may be provided in the Act, re-entering and may at Landlord’s option terminate the Lease. Abandonment is defined as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is re-letting said property shall not reasonable evidence, other than the presence of the Tenants’ personal property, that relieve the Tenant is occupying the unit, Landlord may at Landlord’s option terminate of its obligations to pay any amounts due under this Lease Agreement and regain possession in the manner prescribed by lawRental Agreement. Landlord will dispose make reasonable efforts to rent the Leased Premises at a fair rental after Xxxxxx abandons the Leased Premises. However, Landlord is not required to rent the abandoned Leased Premises before Landlord rents other vacant units. If the Tenant’s right to possession is terminated and Landlord undertakes to re-lets the Leased Premises on account of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause be required to accept any tenant offered by Tenant or allow any unreasonably loud noise applicant who applies, unless the proposed tenant or activity in applicant meets the Premises that might disturb the rights, comforts and conveniences application standards of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.Landlord.
Appears in 1 contract
Samples: Rental Agreement
Abandonment. If Tenant abandons (A) Abandonment of the Premises by Tenant shall constitute an Event of Default under this Lease and shall entitle Landlord, at its sole option, to exercise any of Landlord's remedies set forth herein or under applicable law. Tenant shall be deemed to have abandoned the Premises if Tenant, without the prior consent of Landlord, removes all or substantially all of Tenant's furniture, equipment, appliances and personal property during from the term Premises and Tenant is delinquent in the payment of the Rent due hereunder for more than 30 days.
(B) Upon abandonment of the Premises by Tenant as aforesaid, Landlord shall make a good faith effort to serve written notice on Tenant (to the effect that, unless Tenant immediately cures its default by bringing its rent payments current and by giving Landlord adequate assurance that Tenant is willing and able to perform its obligations under this Lease, Landlord intends to reenter the Premises and take possession thereof and that, if Landlord does so, Landlord may at is option enter dispose of any remaining furniture, fixtures, equipment, appliances and personal property of Tenant); and shall also post the Premises with such notice. Both actions may be taken concurrently by Landlord, if Landlord elects to proceed under this section.
(C) At any time more than five business days after the giving of the aforesaid notice to Tenant and the posting of the Premises (whichever shall later occur), Landlord may reenter the Premises and retake possession of the same on behalf of Tenant (such action by Landlord, however, shall not be deemed or construed to be an acceptance of surrender of possession of the Premises by Tenant unless otherwise stated in Landlord's notice to Tenant).
(D) Further in the event of Landlord's reentry into the Premises as aforesaid, Landlord may take possession of any legal means without liability to such remaining furniture, fixtures, equipment, appliances and personal property of Tenant in and about the Premises and, 10 days or more after said reentry, Landlord may at Landlord’s option terminate the Lease. Abandonment is defined as absence sell or dispose of the Tenants same in a commercially reasonable manner; provided, however, that, if, prior to said sale or disposal, Tenant requests return of such property and simultaneously pays all delinquent rents and all of Landlord's reasonable expenses (including attorneys' fees and other legal costs) arising out of Tenant's abandonment, then Landlord shall return Tenant's property to Tenant. The proceeds received from any sale of Tenant's property by Landlord shall be applied as a credit against any delinquent rentals and expenses (including reasonable attorneys' fees and other legal costs). The balance, if any, shall be remitted to Tenant.
(E) Property which may be removed from the Premises for at least ____ consecutive days without notice by Landlord pursuant to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, authority of this section or any other than the presence provision of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted or by law, to which Tenant will indemnify is or may be entitled, may be handled, removed and hold stored, as the case may be, by or at the direction of Landlord at the risk, cost and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to or death expense of any person, including Tenant, and Landlord shall in no event by responsible for the value, preservation or for damage to property arising from safekeeping thereof. Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable pay to Landlord for the costs upon demand, any and all expenses incurred in enforcing this Leasesuch removal and all storage charges against such property so long as the same shall be in Landlord's possession or under Landlord's control. Any such property not retaken by Tenant within 30 days after removal from the Premises shall, including reasonable attorney fees and costs. In the event the Tenants bring any action against the at Landlord's option, be deemed conveyed to Landlord pursuant to under this Lease and the as by a xxxx of sale without further payment or credit by Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.Tenant.
Appears in 1 contract
Samples: Standard Industrial Lease (United Stationers Supply Co)
Abandonment. If Abandonment shall be defined as the absence of the Tenant abandons from the Premises for five (5) or more consecutive days while rent or any debts remain unpaid to Landlord – upon which Tenant will be considered in breach of this Lease. Such a breach may not relieve Tenant of its obligations under the terms of the Agreement, and shall in no way impair the rights of the Landlord under this Agreement or applicable Florida law. If at any personal property time during the term of this Lease, Landlord may at is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Agreement Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidenceor any part thereof, other than the presence Landlord may, at Landlord's option, obtain possession of the Tenants’ Premises in the manner provided by law, and terminate this Agreement without notice to the Tenant. If the Tenant has abandoned the Premises, and has left behind any personal property, this property shall be considered abandoned. Landlord shall impose reasonable charges and be entitled to collect a charge for packing, removing or storing such abandoned or seized property, and may sell same at public or private sale. Tenant may redeem the property at any time before the property is sold by paying to the Landlord or the owner’s agents all delinquent rents and all reasonable packing, moving, storage and sale costs. It is agreed that none of the Tenant is occupying the unit, Landlord may at above procedures shall necessitate prior court hearing or subject owner to any liability. If Landlord’s option terminate this Lease Agreement and regain possession in right of reentry is exercised following abandonment of the manner prescribed Premises by law. Tenant, then Landlord will dispose of all abandoned shall consider any personal property belonging to Tenant and left on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenantalso have been abandoned, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal actionwhich case BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON SURRENDER OR ABANDONMENT, counterclaimAS DEFINED BY CHAPTER 83, or summary proceeding against Tenants based upon such violation or defaultFLORIDA STATUTES, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY THE LANDLORD SHALL NOT BE LIABLE OR DISPOSITION OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.THE TENANT’S PERSONAL PROPERTY.
Appears in 1 contract
Samples: Residential Rental Agreement
Abandonment. If The Tenant abandons shall be deemed to have abandoned the Premises dwelling unit when the Tenant has moved out. When PHA questions whether the unit has been abandoned, PHA will secure the apartment against vandalism and post a notice of planned entry on the door. If, after 2 days, there is no response to the notice and inspection shows that all or most of the Tenant’s property has been removed or rent is not paid, PHA will conclude the unit has been abandoned. Two (2) days after the Tenant has abandoned the dwelling unit, PHA will remove and store any personal property during the term of this Lease, Landlord may at is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession remaining in the manner prescribed by law. Landlord dwelling unit for 10 days, after which PHA will dispose of all abandoned personal property on the Premises in any manner allowed by lawproperty. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and LandlordPHA’s property, including the Premises, free and harmless from any liability Community Service/Self Sufficiency Policy mandates that each adult household member not eligible for losses, claims, injury to or death an exemption shall contribute 8 hours per month of any person, including Tenantsome combination of community service within their community, or for damage to property arising from Economic Self-Sufficiency activity, both as defined in the Community Service/Self Sufficiency Policy. If the Tenant using and occupying does not comply with Community Service/Self Sufficiency Policy, PHA will either terminate the Premises lease or from not renew or extend the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms Lease upon expiration of the Lease or defaults in term and shall take such action as is necessary to terminate the performance tenancy of any covenants in the household. Based on consideration of the Tenant’s efforts to comply with this Section, the PHA reserves the right to enter into a written agreement with the Tenant before the expiration of the Lease term to cure any non-compliance with neighborhood service or economic self-sufficiency programs. Tenant is responsible for the complete care of front, back and side yards, including mowing, watering, weeding and trimming the grounds and shrubbery. Tenants who desire to Install ceiling fans must obtain written approval from PHA prior to installation. Any ceiling fans installed shall become a part of the premises and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based property of PHA upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent termination of the Landlordlease. NOISE: The Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in charged the common areasactual cost of repairing and/or replacing dishwashers damaged as the result of activity other than normal wear and tear. Furniture delivery The Tenant will be charged the actual cost of repairing and/or replacing any fencing damaged as the result of activity other than normal wear and removal will take place between _____a.m. and _____p.m.tear.
Appears in 1 contract
Samples: Residential Lease Agreement
Abandonment. If Tenant abandons the Premises ProjectCo or Magazynskraal MineCo intends to abandon, surrender, relinquish or let lapse all or a part of the Mining Right, including by way of ceasing to maintain Project Authorizations or the validity of mineral claims or leases (the “Abandonment Property”), the ProjectCo or Magazynskraal MineCo (as applicable) shall (A) have determined, acting in a commercially reasonable manner, that it is not economical to mine minerals from the Abandonment Property, and (B) first give notice (the “Abandonment Notice”) of such intention to the Purchaser at least 30 days in advance of the proposed date of abandonment. If, not later than 10 days after the date of the Abandonment Notice, the ProjectCo receives from the Purchaser written notice that the Purchaser desires the ProjectCo to procure the conveyance of the Abandonment Property to the Purchaser or an assignee, the ProjectCo or Magazynskraal MineCo (as applicable) shall, without additional consideration, convey or cause the conveyance of the Abandonment Property to the Purchaser on an as is where is basis and at the sole cost, risk and expense of the Purchaser and shall thereafter have no further obligation to maintain the title to the Abandonment Property. If the Purchaser does not give such notice to the ProjectCo within the prescribed period of time and after the ProjectCo or Magazynskraal MineCo (as applicable) having obtained the necessary regulatory authorisations for such abandonment, the ProjectCo or Magazynskraal MineCo (as applicable) may abandon the Abandonment Property and shall thereafter have no further obligation to maintain the title to the Abandonment Property; provided, however, that if the ProjectCo or any Seller Group Member reacquires a direct or indirect interest in any of the ground covered by the Abandonment Property at any time within seven years following abandonment, the Produced Platinum and Produced Base Metals from such property shall be subject to this Agreement. The ProjectCo shall give written notice to the Purchaser within ten days of any personal property during the term of this Lease, Landlord may at is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.reacquisition.
Appears in 1 contract
Samples: Sale and Purchase Agreement (Sedibelo Resources LTD)
Abandonment. If Tenant abandons shall not abandon the Premises of or any personal property part thereof at any time during the term hereof without fulfilling its other obligations under this Lease (including as set forth in Paragraph 10). Abandonment by Tenant of the Premises without Tenant fulfilling its other obligations under this Lease shall constitute an Event of Default hereunder regardless of whether Tenant continues to pay Monthly Rent and Additional Rent under this Lease. Upon the expiration or earlier termination of this Lease, Landlord may at or if Tenant surrenders all or any part of the Premises or is option enter dispossessed of the Premises by process of law, or otherwise, any legal means without liability movable furniture, equipment, trade fixtures, or other personal property belonging to Tenant and may left on the Premises for five (5) Business Days following receipt by Tenant of notice of same from Landlord shall at Landlord’s the option terminate of Landlord be deemed to be abandoned and, whether or not the Lease. Abandonment property is defined as absence of deemed abandoned, Landlord shall have the Tenants right to remove such property from the Premises and charge Tenant for at least ____ consecutive days without notice to Landlord. If Tenant abandons the removal and any restoration of the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, as provided in Paragraph 9. Landlord may at Landlordcharge Tenant for the storage of Tenant’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property left on the Premises at such rates as Landlord may from time to time reasonably determine, or, Landlord may, at its option, store Tenant’s property in a public warehouse at Tenant’s expense. Notwithstanding the foregoing, neither the provisions of this Paragraph 11 nor any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold other provision of this Lease shall impose upon Landlord and Landlordany obligation to care for or preserve any of Tenant’s property, including property left upon the Premises, free and harmless Tenant hereby waives and releases Landlord from any claim or liability for losses, claims, injury to or death in connection with the removal of any person, including Tenant, or for damage to such property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter the storage thereof and specifically waives the provisions of California Civil Code Section 1542 with respect to show such release. Landlord’s action or inaction with regard to the provisions of this Paragraph 11 shall not be construed as a waiver of Landlord’s right to require Tenant to remove its property, restore any damage to the Premises and the Building caused by such removal, and make any restoration required pursuant to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.Paragraph 9 above.
Appears in 1 contract
Samples: Office Lease (New Relic Inc)
Abandonment. If at any time during the Term, the Tenant abandons the Premises or any part of any personal property during the term of this LeasePremises, the Landlord may may, at is option its option, enter the Premises by any legal means without liability being liable for any prosecution for such entering, and without becoming liable to the Tenant for damages or for any payment of any kind whatever, and may, at the Landlord's discretion, as agent for the Tenant, relet the Premises, or any part of the Premises, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at the Landlord's option, hold the Tenant liable for any difference between the Rent that would have been payable under this Lease during the balance of the unexpired term, if this Lease had continued in force, and the net rent for such period realised by the Landlord by means of the reletting. If the Landlord's right of reentry is exercised following abandonment of the premises by the Tenant, then the Landlord may consider any personal property belonging to the Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined as absence of the Tenants from left on the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons also have been abandoned, in which case the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned such personal property on the Premises in any manner allowed the Landlord will deem proper in compliance with the Torts (Interference with Goods) Xxx 0000 and is relieved of all liability for doing so. Sale by law. INDEMNIFICATION: To Landlord In the event of any sale, transfer or lease by the Landlord of the Building or any interest in the Building or portion of the Building containing the Premises or assignment by the Landlord of this Lease or any interest of the Landlord in the Lease to the extent permitted that the purchaser, transferee, tenant or assignee assumes the covenants and obligations of the Landlord under this Lease, the Landlord will without further written agreement be freed and relieved of liability under such covenants and obligations. This Lease may be assigned by law, the Landlord to any mortgagee or encumbrancee of the Building as security. Tenant's Indemnity The Tenant will and does hereby indemnify and hold Landlord save harmless the Landlord, or any other person claiming through or under the Landlord, of and Landlord’s property, including the Premises, free from all loss and harmless from any liability for lossesdamage and all actions, claims, costs, demands, expenses, fines, liabilities and suits of any nature whatsoever for which the Landlord will or may become liable, incur or suffer by reason of a breach, violation or nonperformance by the Tenant of any covenant, term or provision hereof, or by reason of any injury occasioned to or death suffered by any person or damage to any property, or by reason of any personwrongful act or omission, default or negligence on the part of the Tenant or any of its agents, concessionaires, contractors, customers, employees, invitees or licensees in or about the Building, including Tenantany losses caused, or contributed to by, any trespasser while that trespasser is in or about the Building. It is agreed between the Landlord and the Tenant that the Landlord will not be liable for any loss, injury, or damage to persons or property arising resulting from Tenant using and occupying the Premises falling plaster, steam, electricity, water, rain, snow or dampness, or from any other cause. It is agreed between the Landlord and the Tenant that the Landlord will not be liable for any loss or damage caused by acts or omissions of other tenants or occupants, their employees or agents or any person persons not the employees or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent agents of the Landlord, or for any damage caused by the construction of any public or quasi-public works, and in no event will the Landlord be liable for any consequential or indirect damages suffered by the Tenant. NOISE: It is agreed between the Landlord and the Tenant shall that the Landlord will not cause be liable for any loss, injury or allow damage caused to persons using the Common Areas and Facilities or to vehicles or their contents or any unreasonably loud noise other property on them, or activity for any damage to property entrusted to its or their employees, or for the loss of any property by theft or otherwise, and all property kept or stored in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in at the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.sole risk of the Tenant.
Appears in 1 contract
Samples: Commercial Lease Agreement
Abandonment. If Tenant abandons shall abandon, vacate, or surrender the Leased Premises or be dispossessed by process of any personal property during the term of this Leaselaw, then Landlord may may, at is its option enter the Premises by any legal means (without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidenceobligation), other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option either (i) terminate this Lease Agreement and regain cause possession of the Leased Premises to be returned to Landlord upon demand, or (ii) terminate this Lease from time to time as to a portion or portions of the Leased Premises and cause possession of such portion or portions of the Leased Premises to be returned to Landlord upon demand, without terminating the Lease as to the balance of the Leased Premises; in the manner prescribed by law. event Landlord will dispose terminates this Lease with respect to a portion of all abandoned personal property on the Leased Premises in accordance with the foregoing, Landlord shall be responsible for the construction of the demising wall separating such space from the remainder of the Leased Premises, and following any manner allowed by law. INDEMNIFICATION: To termination of this Lease as to a portion or portions of the extent permitted by lawLeased Premises, Tenant will indemnify and hold Landlord and Landlord’s property, including shall have no further obligation to pay Base Rent or future Additional Rent (other than Additional Rent attributable to any period prior to such termination) with respect to such portion or portions of the Leased Premises, free but Tenant shall continue to be liable for all of its obligations under this Lease with respect to such portion or portions of the Leased Premises accruing prior to such termination and harmless from any liability with respect to all obligations under this Lease relating to those portions of the Leased Premises for losses, claims, injury to which this Lease has not been terminated. Landlord's remedies as set forth in this Paragraph 24.3 shall be Landlord's sole and exclusive remedies at law or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In equity in the event that Tenant abandons, vacates or surrenders the Tenant violates the terms Leased Premises or is dispossessed by process of the Lease or defaults law and is not in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing default under this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m..
Appears in 1 contract
Abandonment. If Tenant abandons Abandonment shall exist when there is a delinquency in the Premises rent and Tenant(s) clearly indicates by words or actions, that he/she has vacated the Apartment with the intention not to resume tenancy. In event of any abandonment, the Landlord may immediately enter the Apartment and take possession of Tenant(s)’s remaining personal property during and remove it to a reasonably secure place at Tenant(s)’s expense in accordance with Washington State Landlord-Tenant(s) Act. Abandonment shall not sever Tenant(s)’s liability for rent; nor shall Landlord’s recovery of the term premises sever Tenant(s)’s liability for rent. Tenant(s) will be charged for costs incurred by the Landlord to re- rent the Apartment and for other costs as provided by law. Tenant(s) agrees to notify Landlord in writing of an absence from the dwelling of more than seven (7) days no later than the first day of such absence. Attorney’s Fees/Venue/Severability: In the event either party engages, retains or hires an attorney to enforce any provision of this Lease, or any obligation under law, including but not limited to the collection of rent and/or other charges due hereunder, both Landlord may at is option enter and Tenant(s) agree that, to the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the fullest extent permitted permissible by law, Tenant will indemnify court costs, prejudgment interest at the judgment rate from the date of default, and hold reasonable attorney's fees may be awarded to the prevailing party, even if no case is filed with the courts. If the matter is not filed in court, both parties agree that the prevailing party is entitled to be compensated upon demand to the other party. The Landlord shall be deemed to be the prevailing party if the action voluntarily is halted by the Landlord prior to judgment, or if the case is not filed, prior to filing, on the basis that the Landlord accepted from the Tenant(s) of all or part of the amounts alleged to be owing, or on the basis that the Tenant(s) vacated the rental unit. Venue and Landlord’s propertyjurisdiction in any legal action pertaining to this Agreement, including but not limited to unlawful detainer proceedings or even a small claims matter shall be in Whatcom County, Washington where this Lease is considered to have been negotiated and entered, regardless of the Premises, free and harmless from any liability for losses, claims, injury physical location of the Apartment. The provisions of this Agreement shall be deemed to or death be severable. The invalidating of any personone provision by a court of competent jurisdiction shall not invalidate any other provision. Agency Disclosure: Tenant(s) acknowledges that a real estate licensee is involved in this transaction. At the signing of this Agreement, including Tenantthe Landlord is the Owner’s Agent and represents the Owner. Tenant(s) acknowledge being provided a Real Estate Agency Disclosure Brochure, “The Law of Real Estate Agency”, by the licensed agent who represents Apex Property Management, Inc. and / or the Owner of the property. Ownership: The leased property may be owned in whole or in part by a real estate broker, brokerage firm, or salesman, licensed by the State of Washington. If so, this disclosure satisfies RCW 18.86 requirements to make such disclosure. Facilities: Tenant(s) understands and agrees that any and all facilities provided by the Landlord are provided as a gratuity and are not a part of the Tenant(s)’s rental agreement, and that Landlord reserves the right to change or limit the hours of any such facilities, or to eliminate them completely without prior notice to the Tenant(s)s and that any such action by Landlord shall not constitute a claim by Tenant(s)s of any breach of this lease by Landlord, nor be a basis for damage any reduction of Tenant(s)’s rent or early termination of Tenant(s)’s lease agreement. Entire Agreement: This Lease sets forth the entire Agreement between the parties with respect to property arising from Tenant using and occupying the Premises matters set forth herein, notwithstanding the contents of any prior agreement, assumptions, advertisements, warranties or from the acts or omissions of representations by any person or personsentity. It shall not be altered nor modified unless such alteration or modification is in writing and signed by all signatories hereto. No verbal agreements, including Tenantadvertisements, in warranties or about the Premises with Tenant’s express representations have been made or implied consent except Landlord’s act relied upon by either party or negligence. LEGAL FEES: In the event that the Tenant violates the terms any agent or employee of the Lease either party, and neither party nor any agent or defaults in the performance employee of either party is entitled to alter any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to provisions of this Lease and by any verbal representations or agreements to be made subsequent to the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days execution of this Lease. Tenant agrees It is expressly understood that no signs this agreement is between the Landlord and each signatory is individually jointly and severally liable. If more than one individual has signed this Lease Agreement, each signatory shall be placed on the Premises without the prior written consent jointly and severally liable hereunder for payment and performance of all obligations of the LandlordTenant(s), including any arising during any extension, renewal or hold over periods. NOISE: Tenant All persons signing as Tenant(s), including that Tenant(s)’s Guarantors and/or Cosigners, are collectively referred to as Tenant(s). Service of any notice or demand upon one of the Tenant(s) shall constitute notice to all others listed as Tenant(s) and all other occupants at the Apartment. Notices of breach of this Agreement issued by Landlord shall not cause or allow release any unreasonably loud noise or activity in Tenant(s) from liability for the Premises that might disturb the rightsfull performance of obligation hereunder. THIS IS A BINDING LEGAL AGREEMENT. PLEASE TAKE THE TIME TO READ AND UNDERSTAND ITS TERMS BEFORE SIGNING. IF YOU DO NOT UNDERSTAND THE TERMS, comforts and conveniences of other personsSEEK COMPETENT LEGAL ADVICE. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.By signing this Agreement,
Appears in 1 contract
Samples: Apartment Lease Agreement
Abandonment. If Tenant abandons At no time, shall the Premises renter abandon or leave the rental unit outside of any personal property its intended destination for camping during the term of this Leaseapproved rental period. Should the renter abandon the unit without the owner’s approval, Landlord may at is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined as absence it will result in an immediate forfeiture of the Tenants from security deposit and the Premises potential of increased fees for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence any damage or recovery of the Tenants’ personal propertyunit as a result of said abandonment. NO SMOKING: Smoking (including cigarettes, cigars, pipes, drugs, or any other substance that creates an odor) in the Tenant unit forfeits your entire security deposit. A professional cleaning may be required to remove traces of foul odor and will be the responsibility of the renter. Illegal Activity: Any evidence of the storage, transportation, or use of illegal substances will forfeit your entire security deposit. Travel trailers returned with any evidence of drug use or transportation will result in law enforcement being called for a report and to collect the evidence. The owners will comply with law enforcement concerning all inquiries related to any illegal activity. Travel Restrictions: The RV is occupying to remain in the continental United States. Travel to Canada and Mexico is prohibited. No travel allowed on any non-paved roadways like logging roads, forest service roads, beaches, etc. Only exception to this is a non-paved road inside a licensed RV Park. CAUTION: DO NOT EXCEED 65 MPH WHILE TOWING THIS RV RV Observation Camera: Included in our rental is a portable Furion Vision S Observation Camera. This camera extends the range of vision to behind the unit as well as the driver and passenger blind spots around the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises These cameras are not to be tampered with or altered in any manner allowed by lawway. INDEMNIFICATIONThe portable monitor should be kept in a safe, locked location during the duration of the rental period when not in use. Violations may result in a fee of $500 replacement cost. Weight Distribution Hitch: To Damage and/or loss of the extent permitted by law, Tenant will indemnify provided Weight Distribution Hitch and hold Landlord and Landlord’s propertyany of its components, including the Premisesequalizer/sway bars will result in a fee of $950 replacement cost. Understanding the requirements and limitations of the provided anti-sway weight distribution hitch is the liability and responsibility of the renter, free and harmless from the renter will be liable for any liability for lossesdamages caused by misuse, claimsimproper installation, injury to and/or choice of using or death not using the provided hitch. Generator Storage: The storage or transport of any persongenerator within the camper or its storage compartments is strictly prohibited. Generator’s must be transported/stored with the tow vehicle. Toll Roads, Red Light Cameras, Parking Tickets, etc.: Parking tickets, mailed violations, and toll invoices are a major burden. Responsibility for traffic or parking violations will be transferred to you, and you will be charged a $75 administrative fee for each invoice we receive. If your travel requires the use of toll roads, you are free to pay at the plazas, or bring your own toll tags. Awning: The awning must be retracted when winds exceed 15 mph, at night, or any time the RV is left unattended, or in motion. Replacement cost varies up to $4,000. They can be damaged very easily due to weather or accidental misuse. Awnings ARE NOT COVERED by insurance. Damage to awnings, including Tenantdamage while driving (tree, toll road, etc.) are 100% your responsibility and will exceed your security/damage deposit amount. Roof Access: Access to the roof is strictly prohibited. No renter or family member shall attempt to climb onto, sit, walk on, or otherwise access the roof of the RV at any time for any reason. Renters will be responsible for any damage caused by any misuse of the roof, which can be in excess of $10,000 for replacement. Odors / Cooking: We do not allow anything that can create a strong smell inside the RV that is difficult to remove, such as raw fish storage, cooking with heavy spices, and/or deep frying. Deep fry cooking with grease causes excess odor and grease buildup within the RV. Removal of such odors and buildup requires the use of chemicals and extensive professional cleaning at the cost of the renter. Outdoor propane griddle is available for rent for $10 per day. Pets: As pet owners ourselves, we understand that pets are just as much a part of your family as anyone else. Please clean up after yourselves as well as your pets. The unit is thoroughly sanitized after each use per COVID standards; however, any excessive cleaning will result in a $100 cleaning fee. Pets are not to be left unattended inside the camper for any length of time. Pets cannot under any circumstances ride in the RV while the vehicle is in motion. Pets must be transported inside your vehicle. Our unit is a pet friendly rental. Please be aware of any allergic reactions that may occur from coming in contact with any pet dander, saliva, fur, hair, etc. Pet allergens include but are not limited to cats and dogs. Xxxxxxx and Xxxx Xxxxxxxx will not be held responsible for any possible reactions occurring due to contact with pet allergens. Furniture: Please protect furniture and upholstery from activities that cause stains, damage, and soiling. Excess cleaning required to recover the cleanliness of the unit and upholstery to a clean and neutral state will result in additional charges assessed and will be taken from the security deposit. Cleaning: We sanitize between every rental to help protect the safety and well being of all guests; however, we do ask that you return the camper in a clean and tidy manner. Usage of chlorine bleach will cause damage to property arising from Tenant using the sewage tanks, furniture, and occupying flooring, and therefore is strictly prohibited. Chlorine bleach is harmful to campground sewage systems, as well as wildlife. The renter is responsible for damages caused by use of chlorine bleach. Preferred cleaning products as well as a broom and dustpan are provided. We will charge a cleaning fee of $150 if the Premises or from the acts or omissions of any person or persons, including Tenant, camper is returned in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event a condition that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.requires excessive cleaning.
Appears in 1 contract
Samples: Rental Agreement
Abandonment. If Tenant abandons Abandonment of the Premises of any personal property during the term leased premises by Xxxxxx shall be a breach of this Lease, Landlord may at is option enter lease agreement and entitle Lessor to his remedies as set forth in this lease and as provided by law. Lessor shall have the Premises by any legal means without liability right to Tenant and may at Landlorddeclare the premises abandoned upon Xxxxxx’s option terminate the Lease. Abandonment is defined as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding premises for more than ____ 20 days without prior notification to Lessor, the termination of electrical, water, sewer, or garbage service to the residence, or the removal of Xxxxxx’s household furniture and there is not reasonable evidence, other than personal items from the presence residence. Upon the occurrence of one or more of the Tenants’ personal propertyabove or other conduct by Xxxxxx that indicates abandonment of the premises, Lessor shall be entitled to declare the property abandoned and to regain possession. Lessor reserves a right of re-entry to the premises three (3) days after posting a notice of intent to retake possession on the door of the residence. Lessor, at Lessor’s discretion and as agent for Xxxxxx, may relet the leased premises for the whole or any part of the then unexpired term and may receive and collect all rent payable by virtue of such reletting, and, at Lessor’s option, hold Lessee liable for any difference between the rent that would have been payable under this lease agreement during the Tenant is occupying balance of the unitunexpired term, Landlord may at Landlord’s option terminate if this Lease Agreement lease agreement had continued in force, and regain possession in the manner prescribed net rent for such period realized by lawLessor by means of the reletting. Landlord will dispose of all abandoned All personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, remaining in or about the Premises with Tenantleased premises at the time that Xxxxxx’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms tenancy ends by either expiration of the Lease or defaults in lease, termination of the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaimlease, or summary proceeding against Tenants based upon such violation or defaultabandonment of the premises, Tenants for more than three (3) days shall be liable abandoned personal property. Xxxxxx surrenders all right, title and interest to Landlord for the costs abandoned property and expenses incurred agrees that Lessor may keep, sell, or otherwise dispose of the abandoned personal property in enforcing this Lease, including reasonable attorney fees and costsXxxxxx’s discretion. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant Xxxxxx further agrees that Lessor shall be liable entitled to Landlord for costs and charge the expense of handling, storing, or otherwise disposing of abandoned personal property against Xxxxxx’s security deposit or to otherwise recover those expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.from Lessee.
Appears in 1 contract
Samples: Residential Lease
Abandonment. If Landlord does not elect to terminate this Lease as provided in Section 13.A or 13.B above, then the provisions of California Civil Code Section 1951.4, (Landlord may continue the lease in effect after Tenant’s breach and abandonment and recover rent as it becomes due if Tenant abandons the Premises of any personal property during the term of has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, Landlord may at is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined either recover all rental as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to it becomes due or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying relet the Premises or from any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable, with the acts or omissions of any person or persons, including Tenant, in or about right to make alterations and repairs to the Premises with Tenant’s express or implied consent except Landlord’s act or negligencePremises. LEGAL FEES: In the event that Landlord elects to so relet, rentals received by Landlord from such reletting shall be applied in the following order to: (i) the payment of any indebtedness other than Base Monthly Rent due hereunder from Tenant violates to Landlord; (ii) the terms payment of any cost of such reletting; (iii) the payment of the Lease or defaults in the performance cost of any covenants in alterations and repairs to the Lease Premises; and (iv) the Landlord engages an attorney or institutes a legal actionpayment of Base Monthly Rent due and unpaid hereunder. The residual rentals, counterclaimif any, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable held by Landlord and applied in payment of future Base Monthly Rent as the same may become due and payable hereunder. Landlord shall the obligation to market the space but shall have no obligation to relet the Premises following a default if Landlord for has other comparable available space within the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costsBuilding or Project. In the event the Tenants bring portion of rentals received from such reletting which is applied to the payment of rent hereunder during any action against month be less than the Landlord pursuant to this Lease and the Landlord prevailsrent payable during that month by Tenant hereunder, then Tenant shall be liable pay such deficiency to Landlord for immediately upon demand. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any reasonable costs and expenses of defending incurred by Landlord in such action, including reasonable attorney fees reletting or in making such alterations and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about repairs not covered by the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.rentals received from such reletting.
Appears in 1 contract
Samples: Sublease (Guidewire Software, Inc.)
Abandonment. If Landlord does not elect to terminate this Lease as provided in Section 13.A or 13.B above, then the provisions of California Civil Code Section 1951.4, (Landlord may continue the lease in effect after Tenant’s breach and abandonment and recover rent as it becomes due if Tenant abandons the Premises of any personal property during the term of has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, Landlord may at is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined either recover all rental as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to it becomes due or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying relet the Premises or from any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable, with the acts or omissions of any person or persons, including Tenant, in or about right to make alterations and repairs to the Premises with Tenant’s express or implied consent except Landlord’s act or negligencePremises. LEGAL FEES: In the event that Landlord elects to so relet, rentals received by Landlord from such relating shall be applied in the following order to: (i) the payment of any indebtedness other than Base Monthly Rent due hereunder from Tenant violates to Landlord; (ii) the terms payment of any cost of such reletting; (iii) the payment of the Lease or defaults in the performance cost of any covenants in alterations and repairs to the Lease Premises; and (iv) the Landlord engages an attorney or institutes a legal actionpayment of Base Monthly Rent due and unpaid hereunder. The residual rentals, counterclaimif any, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable held by Landlord and applied in payment of future Base Monthly Rent as the same may become due and payable hereunder. Landlord shall the obligation to market the space but shall have no obligation to relet the Premises following a default if Landlord for has other comparable available space within the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costsBuilding or Project. In the event the Tenants bring portion of rentals received from such reletting which is applied to the payment of rent hereunder during any action against month be less than the Landlord pursuant to this Lease and the Landlord prevailsrent payable during that month by Tenant hereunder, then Tenant shall be liable pay such deficiency to Landlord for immediately upon demand. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any reasonable costs and expenses of defending incurred by Landlord in such action, including reasonable attorney fees reletting or in making such alterations and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about repairs not covered by the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.rentals received from such reletting.
Appears in 1 contract
Samples: Sublease (NeurogesX Inc)
Abandonment. If Tenant abandons the Demised Premises be abandoned or vacated for more than fifteen (15) days by Lessee WITHOUT LESSEE MAKING TIMELY RENTAL PAYMENTS AS CALLED FOR BY THIS LEASE, Lessor shall have the right, but not the obligation to: (a) relet the Demised Premises for the remainder of the period covered hereby; and if the rent is not received through such reletting at lease equal to the rent provided hereunder, Lessee shall pay and satisfy any deficiencies between the amount of rent called for and that received through reletting and the expenses incurred in obtaining a new occupant, limited to advertising, and/or leasing agent's commission, and/or (b) provide for the storage of any personal property during remaining in the term of this Lease, Landlord may at is option enter the Demised Premises by any legal means without liability to Tenant and may at Landlord’s option terminate of any kind or nature for the Lease. Abandonment is defined as absence cost of storage or the return of the Tenants from personal property to Lessee or take title to the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on which title shall pass to Lessor under this lease as a Bill xx Sale without additional payments or credit from Lessor to Lessee. Notwithstanding the Premises in any manner allowed by law. INDEMNIFICATION: To foregoing, during the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms last Ninety (90) days of the Lease Term, if Lessee removes a substantial portion of Lessee's personal property or defaults Lessee has been in physical absence for fifteen (15) days WITHOUT HAVING MADE RENTAL PAYMENTS, it shall constitute a vacation and Lessor may enter the performance Demised Premises for purposes of any covenants in renovating, altering and decorating the Demised Premises for occupancy at the end of the Lease Term by a new tenant without in any way affecting Lessee's obligation to pay rent and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs comply with all other terms and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days conditions of this Lease. Tenant agrees that no signs Nothing herein shall be placed on construed as in any way denying Lessor the Premises without the prior written consent right, in case of abandonment vacation of the Landlord. NOISE: Tenant shall not cause Demised Premises or allow other breach of the Lease by Lessee, to treat the same as an entire breach, and, at Lessor's option, immediately sue xxx the entire breach of this Lease and any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.all damages occasioned Lessor thereby.
Appears in 1 contract
Samples: Lease Agreement (GLB Bancorp Inc)
Abandonment. If Tenant abandons the Premises of at any personal property time during the term of this Lease, Landlord may at is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Agreement Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidenceor any part thereof, other than the presence Landlord may, at Landlord's option, obtain possession of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession Premises in the manner prescribed provided by law, and without becoming liable to Tenant for damages or for any payment of any kind whatever. Landlord will may, at Landlord's discretion, as agent for Tenant, relet the Premises, or any part thereof, for the whole or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at Landlord's option, hold Tenant liable for any difference between the rent that would have been payable under this Agreement during the balance of the unexpired term, if this Agreement had continued in force, and the net rent for such period realized by Landlord by means of such reletting. If Landlord's right of reentry is exercised following abandonment of the Premises by Tenant, then Landlord shall consider any personal property belonging to Tenant and left on the Premises to also have been abandoned, in which case Landlord may dispose of all abandoned such personal property on the Premises in any manner allowed by lawLandlord shall deem proper and Landlord is hereby relieved of all liability for doing so. INDEMNIFICATION: To BY SIGNING THIS AGREEMENT, TENANT AGREES THAT UPON SURRENDER OR ABANDONMENT, AS DEFINED BY CHAPTER 83, FLORIDA STATUTES, LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY. ATTORNEYS' FEES. Should it become necessary for Landlord to employ an attorney to enforce any of the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s propertyconditions or covenants hereof, including the collection of rentals or gaining possession of the Premises, free and harmless from any liability for losses, claims, injury Tenant agrees to or death of any personpay all expenses so incurred, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.attorneys' fee.
Appears in 1 contract
Samples: Lease Agreement
Abandonment. If the Demised Premises are abandoned or vacated by Tenant, Landlord shall have the right, but not the obligation, to:
A. re-let the Demised Premises for the remainder of the period covered hereby; and if the rent received through such re-leasing is not at least equal to the rent provided hereunder, Tenant abandons shall pay and satisfy any deficiencies between the Premises amount of rent called for under this Lease and that received through reletting and all expenses incurred by any such reletting, including but not limited to, the cost of renovating, altering and decorating for a new occupancy; and/or
B. provide for the storage of any personal property remaining in the Demised Premises without liability of any kind or nature for the cost of storage or the return of the personal property to Tenant or take title to the abandoned personal property which title shall pass to Landlord under this Lease as a Bill of Sale without additional payments or credit from Landlord to Tenant. Notwithstanding the foregoing, during the last ninety (90) days of the term of this Lease, if Tenant removes a substantial portion of Tenant’s property or Tenant has been in physical absence for ten (10) days, it shall constitute a vacation and Landlord may at is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined as absence of the Tenants from the Demised Premises for the purpose of renovating, altering and decorating the Demised Premises for occupancy at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms end of the Lease or defaults Term by a new tenant without in the performance of any covenants in the Lease way affecting Tenant’s obligation to pay rent and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs comply with all other terms and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days conditions of this Lease. Tenant agrees that no signs Nothing herein shall be placed on construed as in any way denying Landlord the Premises without the prior written consent right, in case of abandonment, vacation of the Demised Premises, or other breach of this Lease by Xxxxxx, to treat the same as an entire breach, and, at Landlord. NOISE: Tenant shall not cause or allow ’s option, immediately sue for the entire breach of this Lease and any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.all damages occasioned Landlord thereby.
Appears in 1 contract
Abandonment. If Tenant abandons shall not abandon the Premises of or any personal property part thereof at any time during the term hereof and cease paying Rent. Upon the expiration or earlier termination of this Lease, Landlord may at or if Tenant abandons or surrenders all or any part of the Premises and ceases paying Rent thereon or is option enter dispossessed of the Premises by process of law, or otherwise, any legal means without liability movable furniture, equipment, trade fixtures, or other personal property belonging to Tenant and may left on the Premises shall at Landlord’s the option terminate of Landlord be deemed to be abandoned and, whether or not the Lease. Abandonment property is defined as absence of deemed abandoned, Landlord shall have the Tenants right to remove such property from the Premises and charge Tenant for at least ____ consecutive days without notice to Landlord. If Tenant abandons the removal and any restoration of the Premises while as provided in Paragraph 9. Xxxxxxxx may charge Tenant for the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence storage of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at LandlordTenant’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property left on the Premises at such rates as Landlord may from time to time reasonably determine, or, Landlord may, at its option, store Tenant’s property in a public warehouse at Tenant’s reasonable expense. Notwithstanding the foregoing, neither the provisions of this Paragraph 11 nor any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold other provision of this Lease shall impose upon Landlord and Landlordany obligation to care for or preserve any of Tenant’s property, including property left upon the Premises, free and harmless Tenant hereby waives and releases Landlord from any claim or liability for losses, claims, injury to or death in connection with the removal of any person, including Tenant, or for damage to such property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter the storage thereof and specifically waives the provisions of California Civil Code Section 1542 with respect to show such release. Landlord’s action or inaction with regard to the provisions of this Paragraph 11 shall not be construed as a waiver of Landlord’s right to require Tenant to remove its property, restore any damage to the Premises and the Building caused by such removal, and make any restoration required pursuant to prospective tenants during 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (21) Paragraph 9 above. Nothing in the last ____ days of foregoing or elsewhere in this Lease. Tenant agrees that no signs Lease shall be placed on construed to require Tenant to occupy the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.Premises.
Appears in 1 contract
Samples: Office Lease (e.l.f. Beauty, Inc.)
Abandonment. If Tenant abandons shall not vacate or abandon the Premises of or any personal property part thereof at any time during the term hereof. Tenant understands that if Tenant leaves the Premises or any part thereof vacant, the risk of fire, other casualty and vandalism to the Premises and the Building will be increased. Accordingly, such action by Tenant shall constitute an immediate Event of Default hereunder regardless of whether Tenant continues to pay Basic Monthly Rental and other Rental under this Lease. If Tenant abandons, Landlord may at vacates or surrenders all or any part of the Premises or is option enter dispossessed of the Premises by process of law, or otherwise, any legal means without liability movable furniture, equipment, trade fixtures, or other personal property belonging to Tenant and may left on the Premises shall at Landlord’s the option terminate of Landlord be deemed to be abandoned and, whether or not the Lease. Abandonment property is defined as absence of deemed abandoned, Landlord shall have the Tenants right to remove such property from the Premises and charge Tenant for at least ____ consecutive days without notice to Landlord. If Tenant abandons the removal and any restoration of the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, as provided in Paragraph 8(a). Landlord may at Landlordcharge Tenant for the storage of Tenant’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property left on the Premises at such rates as Landlord may from time to time reasonably determine, or, Landlord may, at its option, store Tenant’s property in a public warehouse at Tenant’s expense. Notwithstanding the foregoing, neither the provisions of this Paragraph 17 nor any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold other provision of this Lease shall impose upon Landlord and Landlordany obligation to care for or preserve any of Tenant’s property, including property left upon the Premises, free and harmless Tenant hereby waives and releases Landlord from any claim or liability for losses, claims, injury to or death in connection with the removal of any person, including Tenant, or for damage to such property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter the storage thereof and specifically waives the provisions of California Civil Code Section 1542 with respect to show such release. Landlord’s action or inaction with regard to the Premises to prospective tenants during the last ____ days provisions of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant Paragraph 17 shall not cause be construed as a waiver of Landlord’s right to require Tenant to remove its property, restore any damage to the Building caused by such removal or allow make any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.restoration required pursuant to Paragraph 8(a) hereof.
Appears in 1 contract
Samples: Sublease Agreement (Invitae Corp)
Abandonment. If Landlord does not elect to terminate this Lease as provided in Section 13.A or 13.B above, then the provisions of California Civil Code Section 1951.4, (Landlord may continue the lease in effect after Tenant's breach and abandonment and recover rent as it becomes due if Tenant abandons the Premises of any personal property during the term of has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, Landlord may at is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined either recover all rental as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to it becomes due or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying relet the Premises or from any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable, with the acts or omissions of any person or persons, including Tenant, in or about right to make alterations and repairs to the Premises with Tenant’s express or implied consent except Landlord’s act or negligencePremises. LEGAL FEES: In the event that Landlord elects to so relet, rentals received by Landlord from such reletting shall be applied in the following order to: (i) the payment of any indebtedness other than Base Monthly Rent due hereunder from Tenant violates to Landlord; (ii) the terms payment of any cost of such reletting; (iii) the payment of the Lease or defaults in the performance cost of any covenants in alterations and repairs to the Lease Premises; and (iv) the Landlord engages an attorney or institutes a legal actionpayment of Base Monthly Rent due and unpaid hereunder. The residual rentals, counterclaimif any, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable held by Landlord and applied in payment of future Base Monthly Rent as the same may become due and payable hereunder. Landlord shall the obligation to market the space but shall have no obligation to relet the Premises following a default if Landlord for has other comparable available space within the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costsBuilding or Project. In the event the Tenants bring portion of rentals received from such reletting which is applied to the payment of rent hereunder during any action against month be less than the Landlord pursuant to this Lease and the Landlord prevailsrent payable during that month by Tenant hereunder, then Tenant shall be liable pay such deficiency to Landlord for immediately upon demand. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses of defending incurred by Landlord in such action, including reasonable attorney fees reletting or in making such alterations and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about repairs not covered by the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.rentals received from such reletting.
Appears in 1 contract
Abandonment. 343 Tenant is required to notify Landlord in writing of any anticipated absence from the Leased Property in excess of seven 344 (7) days. Notice shall be given on or before the first day of any extended absence. Tenant’s unexplained or extended 345 absence from the Leased Property for thirty (30) days or more without payment of Rent as due shall be prima facie 346 evidence of abandonment. In such event, Landlord may re-enter and take possession of the Leased Property. 347 Tenant’s nonpayment of Rent for fifteen (15) days past the Rent due date combined with other reasonable factual 348 circumstances indicating Tenant has permanently vacated the Leased Property, including, but not limited to, the removal 349 by Tenant of substantially all of Tenant’s possessions and personal effects from the Leased Property, or Tenant’s 350 voluntary termination of Utilities to the Leased Property, shall also be prima facie evidence of abandonment. Landlord 351 will then be permitted to post notice at the Leased Property and send notice to Tenant by regular mail, postage prepaid to 352 the address of the Leased Property that: 353 (a) Landlord has reason to believe that Tenant has abandoned the Leased Property; 354 (b) Landlord intends to re-enter and take possession of the Leased Property, unless Tenant contacts Landlord within 355 ten (10) days of the posting and mailing of the notice; 356 (c) if Tenant does not contact Landlord within the ten day period, Landlord intends to remove any and all 357 possessions and personal effects remaining in or on the Leased Property and to re-rent the Leased Property; and 358 (d) if Tenant does not reclaim the possessions within thirty (30) days of Landlord taking possession of the 359 possessions and personal effects, Landlord intends to dispose of Tenant’s possessions and personal effects. 360 Landlord will include a telephone number and mailing address at which he may be contacted in aforementioned notice. 361 If Tenant abandons the Premises of any does not claim personal property during within an additional thirty (30) days following Landlord’s re-entry to Leased 362 Property and taking possession of Tenant’s personal property, Landlord may sell or dispose of said personal property and 363 apply the term proceeds of said sale to unpaid Rents, damages, storage fees, sale costs, court costs, advertisement and 364 attorney’s fees. Any balances are to be held by Landlord for Tenant for a period of six (6) months subsequent to the sale 365 date, and thereafter will become the property of Landlord. 366 19. TERMINATION FOR VIOLENCE OR THREAT TO HEALTH, SAFETY, OR WELFARE. 367 Notwithstanding any other provision of this Lease, Landlord may at is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in within three (3) days from the manner prescribed 368 receipt of written notice by law. Landlord will dispose of all abandoned personal property Tenant if Tenant or any other person on the Premises Leased Property with the consent of Tenant: 369 (a) Willfully or intentionally commits a violent act; 370 (b) Behaves in any manner allowed by law. INDEMNIFICATION: To which constitutes or threatens to be a real and present danger to the extent permitted by lawhealth, Tenant will indemnify and hold Landlord and Landlord’s propertysafety or 371 welfare of the life or property of other tenants or persons on the Leased Property; or 372 (c) Creates a hazardous or unsanitary condition on the Leased Property that affects the health, including the Premises, free and harmless from any liability for losses, claims, injury to or death of any person, including Tenantsafety, or for damage to welfare or 373 the life or property arising from Tenant using and occupying the Premises of other tenants or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed persons on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.Leased Property.
Appears in 1 contract
Samples: Residential Lease Agreement
Abandonment. If Tenant abandons shall not vacate or abandon the Premises of or any personal property part thereof at any time during the term hereof. Tenant understands that if Tenant leaves the Premises or any part thereof vacant, the risk of fire, other casualty and vandalism to the Premises and the Building will be increased. Accordingly, such action by Tenant shall constitute an Event of Default hereunder regardless of whether Tenant continues to pay Monthly Rent, Tenant's Electrical Charge and Additional Rent under this Lease. Upon the expiration or earlier termination of this Lease, Landlord may at or if Tenant abandons, vacates or surrenders all or any part of the Premises or is option enter dispossessed of the Premises by process of law, or otherwise, any legal means without liability movable furniture, equipment, trade fixtures, or other personal property belonging to Tenant and may left on the Premises shall at Landlord’s the option terminate of Landlord be deemed to be abandoned and, whether or not the Lease. Abandonment property is defined as absence of deemed abandoned, Landlord shall have the Tenants right to remove such property from the Premises and charge Tenant for at least ____ consecutive days without notice to Landlord. If Tenant abandons the removal and any restoration of the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, as provided in Paragraph 9. Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in charge Tenant for the manner prescribed by law. Landlord will dispose storage of all abandoned personal Tenant's property left on the Premises at such rates as Landlord may from time to time reasonably determine, or, Landlord may, at its option, store Tenant's property in a public warehouse at Tenant's expense. Notwithstanding the foregoing, neither the provisions of this Paragraph 11 nor any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold other provision of this Lease shall impose upon Landlord and Landlord’s property, including any obligation to care for or preserve any of Tenant's property left upon the Premises, free and harmless Tenant hereby waives and releases Landlord from any claim or liability for losses, claims, injury to or death in connection with the removal of any person, including Tenant, or for damage to such property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter the storage thereof. Landlord's action or inaction with regard to show the provisions of this Paragraph 11 shall not be construed as a waiver of Landlord's right to require Tenant to remove its property, restore any damage to the Premises and the Building caused by such removal, and make any restoration required pursuant to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.Paragraph 9 above.
Appears in 1 contract
Abandonment. If Tenant shall not abandon the Premises or any part thereof at any time during the term hereof. Tenant understands that if Tenant abandons the Premises, the risk of fire, other casualty and vandalism to the Premises and the Building will be increased. Accordingly, such action by Tenant shall constitute a default hereunder regardless of any whether Tenant continues to pay Monthly Rent, Parking Space Rental and/or Additional Rent under this Lease, unless Tenant makes reasonable accommodation for securing the Premises. All movable partitions, business and trade fixtures, machinery and equipment, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, “Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the term Lease term. Upon the expiration or earlier termination of this Lease, Landlord may at or if Tenant abandons, vacates or surrenders all or any part of the Premises or is option enter dispossessed of the Premises by any legal means without liability process of law, or otherwise, Tenant’s Property left on the Premises shall at the option of Landlord be deemed to Tenant and may at Landlord’s option terminate be abandoned and, whether or not the Lease. Abandonment property is defined as absence of deemed abandoned, Landlord shall have the Tenants right, following five (5) Business Days’ notice to Tenant, to remove such property from the Premises and charge Tenant for at least ____ consecutive days without notice to Landlord. If Tenant abandons the removal and any restoration of the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, as provided in Paragraph 9. Landlord may at Landlordcharge Tenant for the storage of Tenant’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property Property left on the Premises at such rates as Landlord may from time to time reasonably determine, or, Landlord may, at its option, store Tenant’s Property in a public warehouse at Tenant’s expense. Notwithstanding the foregoing, neither the provisions of this Paragraph 11 nor any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold other provision of this Lease shall impose upon Landlord and Landlordany obligation to care for or preserve any of Tenant’s property, including property left upon the Premises, free and harmless Tenant hereby waives and releases Landlord from any claim or liability for losses, claims, injury to or death in connection with the removal of any person, including Tenant, or for damage to such property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter the storage thereof and specifically waives the provisions of California Civil Code Section 1542 with respect to show such release. Landlord’s action or inaction with regard to the provisions of this Paragraph 11 shall not be construed as a waiver of Landlord’s right to require Tenant to remove Tenant’s Property, restore any damage to the Premises and the Building caused by such removal, and make any restoration required pursuant to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.Paragraph 9 above.
Appears in 1 contract
Abandonment. Resident shall not abandon the Apartment. Resident’s unexplained or extended absence from the Apartment for thirty (30) days or more without payment of rent as due shall be conclusive evidence of abandonment, and Landlord shall then be expressly authorized to reenter and take possession of the Apartment without further notice to Resident. Resident’s nonpayment of rent for fifteen (15) days past the rental due date, together with other circumstances indicating that Resident has permanently vacated the Apartment, including, but not limited to, the removal by Resident of substantially all of Resident’s possessions and personal effects from the Apartment, or Resident’s voluntary termination of utility service to the Apartment, shall also be conclusive evidence of abandonment, and in such event Landlord may post notice at the Apartment and send notice to Resident by mail at the Apartment’s address stating that Landlord has reason to believe that Resident has abandoned the Apartment, and that Landlord intends to reenter and take possession of the Apartment unless Resident contacts Landlord within ten (10) days of the posting and mailing of the notice. If Tenant abandons Resident does not contact Landlord within the Premises of any personal property during the term of this Leaseten-day period, Landlord may at is option enter the Premises by shall remove any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days all possessions and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession effects remaining in the manner prescribed by law. Landlord will dispose of all abandoned personal property or on the Premises in any manner allowed by lawApartment and re-rent the Apartment. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that Landlord retakes possession of the Tenant violates Apartment for either thirty (30) or (15) day abandonment pursuant to the terms above, Landlord shall remove the Resident’s possessions and personal effects from the Apartment and store them for thirty (30) days, and if Resident does not reclaim the items in the thirty-day period, Landlord may sell or otherwise dispose of them and apply the proceeds to the unpaid rents, damages, storage fees, sale costs and attorney’s fees. Landlord shall not be liable for any injury or damage arising out of or resulting from any reasonable disposal of such property. If Landlord rents the Apartment for a term beginning prior to the expiration of this Agreement, this Agreement shall terminate as of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent date of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.new tenancy.
Appears in 1 contract
Samples: Lease Agreement
Abandonment. If Tenant abandons Upon the Premises of any personal property during the term expiration or earlier termination of this Lease, Landlord may at or if Tenant permanently abandons or surrenders and stops paying rent for all or any part of the Premises or is option enter dispossessed of the Premises by process of law, or otherwise, any legal means without liability movable furniture, equipment, trade fixtures, or other personal property belonging to Tenant and may left on the Premises shall at Landlord’s the option terminate of Landlord be deemed to be abandoned and, whether or not the Lease. Abandonment property is defined as absence of deemed abandoned, Landlord shall have the Tenants right to remove such property from the Premises and charge Tenant for at least ____ consecutive days without notice to Landlord. If Tenant abandons the reasonable and actual cost for removal and any restoration of the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, as provided in Paragraph 9. Landlord may at Landlordcharge Tenant for the storage of Tenant’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property left on the Premises at reasonable rates, or, Landlord may, at its option, store Tenant’s property in a public warehouse at Tenant’s reasonable expense. Notwithstanding the foregoing, neither the provisions of this Paragraph 11 nor any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold other provision of this Lease shall impose upon Landlord and Landlordany obligation to care for or preserve any of Tenant’s property, including property left upon the Premises, free and harmless Tenant hereby waives and releases Landlord from any claim or liability for lossesin connection with the removal of such property from the Premises and the storage thereof. Landlord’s action or inaction with regard to the provisions of this Paragraph 11 shall not be construed as a waiver of Landlord’s right to require Tenant to remove its property, claims, injury to or death of restore any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from and the acts or omissions of any person or persons, including Tenant, Building in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates condition required by the terms of the this Lease or defaults in the performance of caused by such removal, and make any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord restoration required pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.Paragraph 9 above.
Appears in 1 contract
Samples: Office Lease (2U, Inc.)
Abandonment. If Tenant shall not abandon the Premises or any part thereof at any time during the term hereof. Tenant understands that if Tenant abandons the Premises, the risk of fire, other casualty and vandalism to the Premises and the Building will be increased. Accordingly, such action by Tenant shall constitute an Event of any personal property during Default hereunder regardless of whether Tenant continues to pay Monthly Rent and Additional Rent under this Lease. Upon the term expiration or earlier termination of this Lease, Landlord may at or if Tenant abandons or surrenders all or any part of the Premises or is option enter dispossessed of the Premises by process of law, or otherwise, any legal means without liability movable furniture, equipment, trade fixtures, or other personal property belonging to Tenant and may left on the Premises shall at Landlord’s the option terminate of Landlord be deemed to be abandoned and, whether or not the Lease. Abandonment property is defined as absence of deemed abandoned, Landlord shall have the Tenants right to remove such property from the Premises and charge Tenant for at least ____ consecutive days without notice to Landlord. If Tenant abandons the removal and any restoration of the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, as provided in Paragraph 9. Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in charge Tenant for the manner prescribed by law. Landlord will dispose storage of all abandoned personal Tenant's property left on the Premises at such rates as Landlord may from time to time reasonably determine, or, Landlord may, at its option, store Tenant's property in a public warehouse at Tenant's expense. Notwithstanding the foregoing, neither the provisions of this Paragraph 11 nor any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold other provision of this Lease shall impose upon Landlord and Landlord’s property, including any obligation to care for or preserve any of Tenant's property left upon the Premises, free and harmless Tenant hereby waives and releases Landlord from any claim or liability for losses, claims, injury to or death in connection with the removal of any person, including Tenant, or for damage to such property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter the storage thereof and specifically waives the provisions of California Civil Code Section 1542 with respect to show such release. Landlord's action or inaction with regard to the provisions of this Paragraph 11 shall not be construed as a waiver of Landlord's right to require Tenant to remove its property, restore any damage to the Premises and the Building caused by such removal, and make any restoration required pursuant to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.Paragraph 9 above.
Appears in 1 contract
Abandonment. If Landlord does not elect to terminate this Lease as provided in Section 13.A or 13.B above, then the provisions of California Civil Code Section 1951.4, (Landlord may continue the lease in effect after Tenant's breach and abandonment and recover rent as it becomes due if Tenant abandons the Premises of any personal property during the term of has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, Landlord may at is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined either recover all rental as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to it becomes due or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying relet the Premises or from any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable, with the acts or omissions of any person or persons, including Tenant, in or about right to make alterations and repairs to the Premises with Tenant’s express or implied consent except Landlord’s act or negligencePremises. LEGAL FEES: In the event that Landlord elects to so relet, rentals received by Landlord from such reletting shall be applied in the following order to: (i) the payment of any indebtedness other than Base Monthly Rent due hereunder from Tenant violates to Landlord; (ii) the terms payment of any cost of such reletting; (iii) the payment of the Lease or defaults in the performance cost of any covenants in alterations and repairs to the Lease Premises; and (iv) the Landlord engages an attorney or institutes a legal actionpayment of Base Monthly Rent due and unpaid hereunder. The residual rentals, counterclaimif any, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable held by Landlord and applied in payment of future Base Monthly Rent as the same may become due and payable hereunder. Landlord shall have the obligation to market the space but shall have no obligation to relet the Premises following a default if Landlord for has other comparable available space within the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costsProject. In the event the Tenants bring portion of rentals received from such reletting which is applied to the payment of rent hereunder during any action against month be less than the Landlord pursuant to this Lease and the Landlord prevailsrent payable during that month by Tenant hereunder, then Tenant shall be liable pay such deficiency to Landlord for immediately upon demand. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any reasonable costs and expenses of defending incurred by Landlord in such action, including reasonable attorney fees reletting or in making such alterations and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about repairs not covered by the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.rentals received from such reletting.
Appears in 1 contract
Samples: Lease Agreement (Telocity Inc)
Abandonment. If Tenant abandons the Premises of at any personal property time during the term of this Lease, Landlord may at is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Agreement Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidenceor any part thereof, other than the presence Landlord may, at Landlord's option, obtain possession of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession Premises in the manner prescribed provided by law, and without becoming liable to Tenant for damages or for any payment of any kind whatever. Landlord will may, at Landlord's discretion, as agent for Tenant, relet the Premises, or any part thereof, for the whole or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at Landlord's option, hold Tenant liable for any difference between the rent that would have been payable under this Agreement during the balance of the unexpired term, if this Agreement had continued in force, and the net rent for such period realized by Landlord by means of such re-letting. If Landlord's right of reentry is exercised following abandonment of the Premises by Tenant, then Landlord shall consider any personal property belonging to Tenant and left on the Premises to also have been abandoned, in which case Landlord may dispose of all abandoned such personal property on the Premises in any manner allowed Landlord shall deem proper and Landlord is hereby relieved of all liability for doing so. UTILITIES: Utilities Included In the monthly Rent are Electric, Gas, Heat, internet Water, Air Conditioning, parking space, Sewer, Trash, Cable/Satellite TV and all other amenities in the apartment complex which includes a gym, theatre room, health center, and mini club house. Tenant shall get full access to these facilities during his/her stay in the apartment at no additional cost. TENANCY ID/ RENTERS INSURANCE: Tenant shall be responsible for meeting the requirement to obtain his/her tenancy ID and renters insurance as directed by lawthe landlord or the unit manager. INDEMNIFICATION: To ATTORNEYS' FEES. Should it become necessary for Landlord to employ an attorney to enforce any of the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s propertyconditions or covenants hereof, including the collection of rentals or gaining possession of the Premises, free and harmless from any liability for losses, claims, injury Tenant agrees to or death of any personpay all expenses so incurred, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.attorneys' fee.
Appears in 1 contract
Samples: Lease Agreement
Abandonment. Tenant shall not vacate or abandon the Premises or any part thereof at any time during the Lease Term. Tenant understands that if Tenant leaves the Premises or any part thereof vacant, the risk of fire, other casualty and vandalism to the Premises and the Building will be increased. Accordingly, such action by Tenant shall constitute an Event of Default hereunder regardless of whether Tenant continues to pay Monthly Rent and Additional Rent under this Lease. If Tenant abandons abandons, vacates or surrenders all or any part of the Premises or is dispossessed of any personal property during the term of this Lease, Landlord may at is option enter the Premises by process of law, or otherwise, any legal means without liability movable furniture, equipment, trade fixtures, or other personal property belonging to Tenant and may left on the Premises shall at Landlord’s the option terminate of Landlord be deemed to be abandoned and, whether or not the Lease. Abandonment property is defined as absence of deemed abandoned, Landlord shall have the Tenants right to remove such property from the Premises and charge Tenant for at least ____ consecutive days without notice to Landlord. If Tenant abandons the removal and restoration of the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, as provided in Section 9. Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in charge Tenant for the manner prescribed by law. Landlord will dispose storage of all abandoned personal Tenant's property left on the Premises at such rates as Landlord may from time to time reasonably determine, or, Landlord may, at its option, store Tenant's property in a public warehouse at Tenant's expense. Notwithstanding the foregoing, neither the provisions of this Section 11 nor any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold other provision of this Lease shall impose upon Landlord and Landlord’s property, including any obligation to care for or preserve any of Tenant's property left upon the Premises, free and harmless Tenant hereby waives and releases Landlord from any claim or liability for losses, claims, injury to or death in connection with the removal of any person, including Tenant, or for damage to such property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter the storage thereof and specifically waives the provisions of California Civil Code Section 1542 with respect to show such release. Landlord's action or inaction with regard to the Premises to prospective tenants during the last ____ days provisions of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant Section 11 shall not cause or allow be construed as a waiver of Landlord's right to require Tenant to remove its property, restore any unreasonably loud noise or activity in damage to the Premises that might disturb the rightsBuilding caused by such removal, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.make any restoration required pursuant to Section 9 hereof.
Appears in 1 contract
Samples: Lease Agreement (Xybernaut Corp)
Abandonment. If Tenant abandons the Premises ProjectCo or Magazynskraal MineCo intends to abandon, surrender, relinquish or let lapse all or a part of the Mining Right, including by way of ceasing to maintain Project Authorizations or the validity of mineral claims or leases (the “Abandonment Property”), the ProjectCo or Magazynskraal MineCo (as applicable) shall (A) have determined, acting in a commercially reasonable manner, that it is not economical to mine minerals from the Abandonment Property, and (B) first give notice (the “Abandonment Notice”) of such intention to the Purchaser at least 30 days in advance of the proposed date of abandonment. If, not later than 10 days after the date of the Abandonment Notice, the ProjectCo receives from the Purchaser written notice that the Purchaser desires the ProjectCo to procure the conveyance of the Abandonment Property to the Purchaser or an assignee, the ProjectCo or Magazynskraal MineCo (as applicable) shall, without additional consideration, convey or cause the conveyance of the Abandonment Property to the Purchaser on an as is where is basis and at the sole cost, risk and expense of the Purchaser and shall thereafter have no further obligation to maintain the title to the Abandonment Property. If the Purchaser does not give such notice to the ProjectCo within the prescribed period of time and after the ProjectCo or Magazynskraal MineCo (as applicable) having obtained the necessary regulatory authorisations for such abandonment, the ProjectCo or Magazynskraal MineCo (as applicable) may abandon the Abandonment Property and shall thereafter have no further obligation to maintain the title to the Abandonment Property; provided, however, that if the ProjectCo or any Seller Group Member reacquires a direct or indirect interest in any of the ground covered by the Abandonment Property at any time within seven years following abandonment, the Produced Gold and Produced Palladium from such property shall be subject to this Agreement. The ProjectCo shall give written notice to the Purchaser within ten days of any personal property during the term of this Lease, Landlord may at is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.reacquisition.
Appears in 1 contract
Samples: Sale and Purchase Agreement (Sedibelo Resources LTD)
Abandonment. If Tenant abandons tenant moves before the Premises end of this lease, it shall be tenant’s responsibility to pay a fee to re-rent the property equal to one month’s rent. The tenant is ad- ditionally responsible for the monthly rental payments until the expiration of this lease or until rent is received under a new lease. If tenant is absent from the premises for MORE THAN 5 CONSECUTIVE DAYS, while rent is in default, tenant hereby instructs landlord to consider the premises abandoned, and to dispose of any personal property during left on the term premises as landlord sees fit, without being liable to tenant. LEGAL PROCEEDINGS: It is further agreed that no waiver of any breach of any covenant, condition of agreement herein contained shall operate as a waiver of the covenant, or agreement itself, or any subsequent breach thereof. Tenants shall pay owner all costs, expenses including but not limited to attorney fees, collection agency fees, processing fees, and court charges resulting from the enforcement of covenants and agreements of this Lease, Landlord may at lease. MAINTENANCE OF PREMISES: It is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, further agreed that the Tenant is occupying the unitsaid tenant will not do, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury suffer or permit anything to or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenantbe done, in or about the Premises with Tenant’s express premises which will contravene the policy of insurance against loss by fire or implied consent except Landlord’s act or negligence. LEGAL FEES: In increase the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaimfire insurance rate, or summary proceeding against Tenants based upon such violation keep any gasoline or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costsother combustibles on said premises. In the event fire is caused by tenant’s negligence, tenant will be held responsible for any lost rents suffered by the Tenants bring any action against landlord while property is being repaired. It is further agreed that the Landlord pursuant tenant will keep said premises, including garage, if any, in good order and condition, keep all portions of the leased premises in clean and sanitary condition and comply with all applicable federal, state and local laws, ordinances and regulations with respect to this Lease said premises. RESPONSIBILITY FOR REPAIRS: Any repairs made necessary due to the negligence of the tenant, his licenses, his invitees, and the Landlord prevailshis pets, Tenant shall be liable paid for by the tenant (ie, broken locks, windows, doors, walls, etc.). This would include plumbing obstruction due to Landlord negligence of the tenant, his family, servants, employees or guests. The tenant is fully responsible for costs and expenses repairs to all appliances other than those attributable to normal usage. NOTICE OF DEFECTS: It is further agreed that the tenant will give landlord or agent prompt notice of defending such actionany defects, leaks or breakage in the structure, equipment or fixtures of said premises, including reasonable attorney fees damage by fire, storm and costsflood. DISPLAY If additional damage results from tenant’s failure to notify landlord of a defect, tenant will be responsible for the expense of repairing said damage. Landlord will not provide reimbursement/replacement of personal property, utilities, and/or rent at any time. SURRENDER OF SIGNSPREMISES: Landlord or LandlordTenant agrees to surrender the said premises and all the landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about furniture and fixtures there in good, clean and operating condition at the Premises and enter to show the Premises to prospective tenants during the last ____ days expira- tion of this Leaselease. Normal wear and damage by fire, storm and public enemies only accepted. There should be no trash or debris left in or around premises including attic, yard, closets or porch. Property to be broom swept and mopped, bathrooms, kitchens and bedrooms cleaned, carpets vacuumed, all appliances clean and operating, no painted walls (charge per wall will apply) with no broken windows or holes in walls, etc. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in charged for the common areasabove items a minimum of $250 each, if not completed by the date property is vacated. Furniture delivery and removal Tenant will take place between _____a.m. and _____p.m.also be responsible for any vandalism to property even after vacating said premises until such time as all keys are returned to: .
Appears in 1 contract
Samples: Residential Lease Agreement
Abandonment. If Upon the expiration or earlier termination of this Lease, or if Tenant abandons, vacates or surrenders all or any part of the Premises or is dispossessed of the Premises by process of law, or otherwise, any movable furniture, equipment, trade fixtures, or other personal property belonging to Tenant and left on the Premises shall at the option of Landlord be deemed to be abandoned and, whether or not the property is deemed abandoned, Landlord shall have the right to remove such property from the Premises and charge Tenant for the removal and any restoration of the Premises as provided in Paragraph 9. Landlord may charge Tenant for the storage of Tenant’s property left on the Premises at such rates as Landlord may from time to time reasonably determine, or, Landlord may, at its option, store Tenant’s property in a public warehouse at Tenant’s expense. Notwithstanding the foregoing, neither the provisions of this Paragraph 11 nor any other provision of this Lease shall impose upon Landlord any obligation to care for or preserve any of Tenant’s property left upon the Premises, and Tenant hereby waives and releases Landlord from any claim or liability in connection with the removal of such property from the Premises and the storage thereof. Landlord’s action or inaction with regard to the provisions of this Paragraph 11 shall not be construed as a waiver of Landlord’s right to require Tenant to remove its property, restore any damage to the Premises and the Building caused by such removal, and make any restoration required pursuant to Paragraph 9 above. Notwithstanding anything in the foregoing to the contrary, in the event Tenant abandons the Premises prior to the expiration of any personal property during the term of this LeaseLease but continues to fulfill its rent and other obligations hereunder, Landlord may at is option shall have no right to enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with remove Tenant’s express property or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the otherwise declare Tenant violates the terms of the Lease or defaults to be in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.default hereunder.
Appears in 1 contract
Samples: Office Lease (Salt Blockchain Inc.)
Abandonment. If Tenant shall not abandon the Premises or any part thereof at any time during the term hereof. Tenant understands that if Tenant abandons the Premises, the risk of fire, other casualty and vandalism to the Premises and the Building will be increased. Accordingly, such action by Tenant shall constitute a default hereunder regardless of any whether Tenant continues to pay Monthly Rent, Parking Space Rental and/or Additional Rent under this Lease, unless Tenant makes reasonable accommodation for securing the Premises. All movable partitions, business and trade fixtures, machinery and equipment, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, “Tenant's Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the term Lease term. Upon the expiration or earlier termination of this Lease, Landlord may at or if Tenant abandons, vacates or surrenders all or any part of the Premises or is option enter dispossessed of the Premises by any legal means without liability process of law, or otherwise, Tenant's Property left on the Premises shall at the option of Landlord be deemed to Tenant and may at Landlord’s option terminate be abandoned and, whether or not the Lease. Abandonment property is defined as absence of deemed abandoned, Landlord shall have the Tenants right, following five (5) Business Days' notice to Tenant, to remove such property from the Premises and charge Tenant for at least ____ consecutive days without notice to Landlord. If Tenant abandons the removal and any restoration of the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, as provided in Paragraph 9. Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in charge Tenant for the manner prescribed by law. Landlord will dispose storage of all abandoned personal property Tenant's Property left on the Premises at such rates as Landlord may from time to time reasonably determine, or, Landlord may, at its option, store Tenant's Property in a public warehouse at Tenant's expense. Notwithstanding the foregoing, neither the provisions of this Paragraph 11 nor any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold other provision of this Lease shall impose upon Landlord and Landlord’s property, including any obligation to care for or preserve any of Tenant's property left upon the Premises, free and harmless Tenant hereby waives and releases Landlord from any claim or liability for losses, claims, injury to or death in connection with the removal of any person, including Tenant, or for damage to such property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter the storage thereof and specifically waives the provisions of California Civil Code Section 1542 with respect to show such release. Landlord's action or inaction with regard to the provisions of this Paragraph 11 shall not be construed as a waiver of Landlord's right to require Tenant to remove Tenant's Property, restore any damage to the Premises and the Building caused by such removal, and make any restoration required pursuant to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.Paragraph 9 above.
Appears in 1 contract
Abandonment. If Tenant abandons (A) Abandonment of the Premises by Tenant shall constitute an Event of Default under this Lease and shall entitle Landlord, at its sole option, to exercise any of Landlord's remedies set forth herein or under applicable law. Tenant shall be deemed to have abandoned the Premises if Tenant, without the prior consent of Landlord, removes all or substantially all of Tenant's furniture, equipment, appliances and personal property during from the term Premises and Tenant is delinquent in the payment of the Rent due hereunder for more than 30 days.
(B) Upon abandonment of the Premises by Tenant as aforesaid, Landlord shall make a good faith effort to serve written notice on Tenant (to the effect that, unless Tenant immediately cures its default by bringing its rent payments current and by giving Landlord adequate assurance that Tenant is willing and able to perform its obligations under this Lease, Landlord intends to reenter the Premises and take possession thereof and that, if Landlord does so, Landlord may at is option enter dispose of any remaining furniture, fixtures, equipment, appliances and personal property of Lessee); and shall also post the Premises with such notice. Both actions may be taken concurrently by Landlord, if Landlord elects to proceed under this section.
(C) At any time more than five business days after the giving of the aforesaid notice to Tenant and the posting of the Premises (whichever shall later occur), Landlord may reenter the Premises and retake possession of the same on behalf of Tenant (such action by Landlord, however, shall not be deemed or construed to be an acceptance of surrender of possession of the Premises by Tenant unless otherwise stated in Landlord's notice to Tenant).
(D) Further in the event of Landlord's reentry into the Premises as aforesaid, Landlord may take possession of any legal means without liability to such remaining furniture, fixtures, equipment, appliances and personal property of Tenant in and about the Premises and, 10 days or more after said reentry, Landlord may at Landlord’s option terminate the Lease. Abandonment is defined as absence sell or dispose of the Tenants same in a commercially reasonable manner; provided, however, that, if, prior to said sale or disposal, Tenant requests return of such property and simultaneously pays all delinquent rents and all of Landlord's reasonable expenses (including attorneys' fees and other legal costs) arising out of Tenant's abandonment, then Landlord shall return Tenant's property to Tenant. The proceeds received from any sale of Tenant's property by Landlord shall be applied as a credit against any delinquent rentals and expenses (including reasonable attorneys' fees and other legal costs). The balance, if any, shall be remitted to Tenant.
(E) Property which may be removed from the Premises for at least ____ consecutive days without notice by Landlord pursuant to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, authority of this section or any other than the presence provision of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted or by law, to which Tenant will indemnify is or may be entitled, may be handled, removed and hold stored, as the case may be, by or at the direction of Landlord at the risk, cost and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to or death expense of any person, including Tenant, and Landlord shall in no event by responsible for the value, preservation or for damage to property arising from safekeeping thereof. Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable pay to Landlord for the costs upon demand, any and all expenses incurred in enforcing this Leasesuch removal and all storage charges against such property so long as the same shall be in Landlord's possession or under Landlord's control. Any such property not retaken by Tenant within 30 days after removal from the Premises shall, including reasonable attorney fees and costs. In the event the Tenants bring any action against the at Landlord's option, be deemed conveyed to Landlord pursuant to under this Lease and the as by a xxxx of sale without further payment or credit by Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.Tenant.
Appears in 1 contract
Samples: Standard Industrial Lease (United Stationers Supply Co)
Abandonment. If Landlord does not elect to terminate this Lease as provided in Section 13.A or 13.B above, then the provisions of California Civil Code Section 1951.4, (Landlord may continue the lease in effect after Tenant's breach and abandonment and recover rent as it becomes due if Tenant abandons the Premises of any personal property during the term of has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, Landlord may at is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined either recover all rental as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to it becomes due or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying relet the Premises or from any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable, with the acts or omissions of any person or persons, including Tenant, in or about right to make alterations and repairs to the Premises with Tenant’s express or implied consent except Landlord’s act or negligencePremises. LEGAL FEES: In the event that Landlord elects to so relet, rentals received by Landlord from such reletting shall be applied in the following order to:
(i) the payment of any indebtedness other than Base Monthly Rent due hereunder from Tenant violates to Landlord; (ii) the terms payment of any cost of such reletting; (iii) the payment of the Lease or defaults in the performance cost of any covenants in alterations and repairs to the Lease Premises; and (iv) the Landlord engages an attorney or institutes a legal actionpayment of Base Monthly Rent due and unpaid hereunder. The residual rentals, counterclaimif any, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable held by Landlord and applied in payment of future Base Monthly Rent as the same may become due and payable hereunder. Landlord shall have the obligation to market the space but shall have no obligation to relet the Premises following a default if Landlord for has other comparable available space within the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costsProject. In the event the Tenants bring portion of rentals received from such reletting which is applied to the payment of rent hereunder during any action against month be less than the Landlord pursuant to this Lease and the Landlord prevailsrent payable during that month by Tenant hereunder, then Tenant shall be liable pay such deficiency to Landlord for immediately upon demand. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any reasonable costs and expenses of defending incurred by Landlord in such action, including reasonable attorney fees reletting or in making such alterations and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about repairs not covered by the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.rentals received from such reletting.
Appears in 1 contract
Samples: Lease Agreement (Telocity Inc)
Abandonment. If Tenant abandons The rules governing abandoned manufactured homes are set by statute. Resident(s) understand that if the Premises of any personal property during Leased Property or the term of this Lease, Landlord may at home thereon is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding vacant for more than ____ thirty (30) continuous days without Resident(s) notifying Landlord of Resident’s whereabouts, together with nonpayment of rent, fees, service charges or assessments, and there is not reasonable evidence, other than the presence one or more of the Tenants’ following: 1) removal of most or all personal propertyproperty from the manufactured home; 2) cancellation of insurance for the home; 3) termination of utility services to the manufactured home; and/or (4) any other signs of abandonment, that then the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement move for a judicial declaration of abandonment. Once a judicial determination of abandonment has been obtained, the Landlord will have the right to enter the manufactured home and regain possession secure any appliances, furnishings, materials, supplies or other personal property in the manner prescribed by law. Landlord will manufactured home; disconnect the manufactured home from all utilities; dispose of all perishable food and contact animal control to remove any abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or pets from the acts or omissions of any person or personshome. The Landlord shall have the right to assess all removal and storage charges against the Resident(s). Furthermore, including Tenantafter serving the Resident(s) at his/her last known address (which may be the manufactured home address) with the required written notice under the statute, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In Landlord shall have the event that the Tenant violates the terms right to move, sell and/or dispose of the Lease or defaults in manufactured home. The lienholder of Resident’s manufactured home is: Name: Address: Phone No.: Model: Size: Serial No.: Upon abandonment hereunder by Resident(s), Landlord shall have the performance right to notify the above lienholder of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord said abandonment for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costspurpose of removing Resident’s manufactured home from the Leased Property. In the event the Tenants bring any action against the lienholder changes, Resident(s) must immediately notify Landlord pursuant to this Lease of new lienholder’s name, address and the telephone number. Landlord prevails, Tenant shall in no way be liable for any damages resulting therefrom. Resident(s) agrees to hold Landlord for costs harmless and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: indemnify Landlord from any liability to Resident(s) or Landlordto the above lienholder resulting from Resident’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent abandonment of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.Leased Property.
Appears in 1 contract
Abandonment. If Tenant abandons the Premises of at any personal property time during the term of this Lease, Landlord may at is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while premises, Landlord may reenter the premises, by any means, without being liable for any prosecution, and without becoming liable to Tenant for damages or for any payment of any kind whatever. The Landlord may, as agent for Tenant, relet the premises for the whole or any part of the then expired term, and may receive and collect all rent payable by virtue of the reletting. The Landlord may hold Tenant liable for any difference between the rent that would have been payable under this Lease during the balance of the unexpired term, if this Lease had continued in force, and the net rent for the period realized by Landlord by means of the reletting. If the Tenant surrenders or abandons the premises, the Landlord shall not be liable or responsible for storing or disposing of any of the Tenant's personal property remaining on the premises. In the absence of actual knowledge of abandonment, the Landlord may presume that the Tenant has abandoned the premises if Tenant is absent from the premises for a period of 15 days unless the rent is outstanding for more than ____ days and there current or the Tenant has notified the Landlord in writing of an intended absence. Tenant, any member of the Tenant’s household, or a guest, invitee or other person under the Tenant’s control shall not engage in any criminal activity, including drug-related criminal activity, on, near or within sight of the rental premises. This specifically includes, but is not reasonable evidencelimited to: prostitution, public drunkenness, lewd behavior, trespass by your guests if they have previously received a trespass warning, dangerous operation of a motor vehicle in the premises, disorderly conduct, street gang activity, battery, assault, discharging weapons, acts of violence or threats of violence, sexual crimes on or off the premises, the illegal manufacture, sale, distribution, transportation, storage, use, or possession with intent to manufacture, sell, distribute, store, transport or use a controlled substance including but not limited to marijuana or cocaine and/or illegal drug paraphernalia, or any other than the presence breach of the Tenants’ personal propertyLease agreement that otherwise jeopardizes the safety or welfare or any persons. Tenant, that any member of the Tenant is occupying Tenant’s household, or a guest, invitee or other person under the Tenant’s control will not permit the dwelling unit, Landlord may at Landlordinside or out, to be used for, or to facilitate criminal activity, including drug- related criminal activity. Tenant or member of the Tenant’s option terminate this Lease Agreement and regain possession household will not engage in the manner prescribed by lawmanufacture, sale, storage, transportation, use, possession or distribution of illegal drugs and/or drug paraphernalia at any location, whether on, near or within sight of the premises or otherwise. Landlord will dispose A single violation of all abandoned personal property on the Premises in any manner allowed by lawprovisions of this section shall be a material violation of the rental agreement and good cause for termination of tenancy without the opportunity to cure. INDEMNIFICATION: To the extent permitted Unless otherwise provided by law, proof of violation shall not require criminal conviction, but shall be a preponderance of the evidence. Furthermore, Tenant will indemnify and hold Landlord and Landlordis responsible for all activities of any member of the Tenant’s propertyhousehold, including a guest, invitee or other person under the Tenant’s control happening on, near, or within sight of the rental Premises, free and harmless from any liability for losses, claims, injury to or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligencedirect knowledge and/or involvement is not required. LEGAL FEES: In the event Mold consists of naturally occurring microscopic organisms that the Tenant violates the terms of the Lease or defaults reproduce by spores. Mold breaks down and feeds on organic matter in the performance environment. The mold spores spread through the air and the combination of any covenants excessive moisture and organic matter allows for mold growth. Not all, but certain types and amounts of mold can lead to adverse health effects and/or allergic reactions. Not all mold is readily visible, but when it is, can often be seen in the Lease form of discoloration, ranging from white to orange and from green to xxxxx and black, and often there is a musty odor present. Reducing moisture and proper housekeeping significantly reduces the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs chance of mold and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Leasemold growth. Tenant agrees to use all air-conditioning, if provided, in a reasonable manner and use heating systems in moderation and to keep the premises properly ventilated by periodically opening windows to allow circulation of fresh air during dry weather only. Landlord recommends that no signs shall be placed on the Premises without the prior written consent of the Landlordair conditioning is used at all times if unit has air conditioning. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.Agrees To:
Appears in 1 contract
Samples: Residential Lease Agreement
Abandonment. If the Demised Premises are abandoned or vacated by Tenant, Landlord shall have the right, but not the obligation, to: (a) relet same for the remainder of the period covered hereby; and if the Basic Rental, Operating Expenses and Taxes are not received through such reletting at least equal to the Basic Rental, Operating Expenses and Taxes provided hereunder, Tenant abandons shall pay and satisfy any deficiencies between the Premises amount of Basic Rental, Operating Expenses and Taxes called for under this Lease and that received through reletting and all expenses incurred by any such reletting, including but not limited to, the cost of advertising, brokerage fees, renovating, altering and decorating for a new tenant, and/or (b) provide for the storage of any personal property remaining in the Demised Premises without liability of any kind or for the cost of storage or the return of the personal property to Tenant or take title to the abandoned personal property which title shall pass to Landlord under this lease as a Bill xx Sale without additional payments or credit from Landlord to Tenant. Notwithstanding the foregoing, during the last ninety (90) days of the term of this Lease, if Tenant removes a substantial portion of Tenant's property or Tenant has been in physical absence for ten (10) days it shall constitute a vacation and Landlord may at is option enter the Demised Premises by any legal means without liability to Tenant for purposes of renovating, altering and may decorating the Demised Premises for occupancy at Landlord’s option terminate the Lease. Abandonment is defined as absence end of the Tenants from the Premises for at least ____ consecutive days term by a new tenant without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by lawway affecting Tenant's obligation to pay Basic Rental, Tenant will indemnify Operating Expenses and hold Landlord Taxes and Landlord’s property, including the Premises, free comply with all other terms and harmless from any liability for losses, claims, injury to or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days conditions of this Lease. Tenant agrees that no signs Nothing herein shall be placed on construed as in any way denying Landlord the Premises without the prior written consent right, in case of abandonment, vacation of the Demised Premises, or other breach of the contract by Tenant, to treat the same as an entire breach, and, at Landlord's option, immediately sue xxx the entire breach of this contract and any and all damages occasioned Landlord thereby. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.HOLDING OVER
Appears in 1 contract
Samples: Office Building Lease (Credit Management Solutions Inc)
Abandonment. If Tenant abandons shall not vacate or abandon the Premises of or any personal property part thereof at any time during the term Term hereof. Tenant understands that if Xxxxxx leaves the Premises or any part thereof vacant, the risk of fire, other casualty and vandalism to the Premises will be increased. Accordingly, such action by Tenant shall constitute an Event of Default hereunder regardless of whether Xxxxxx continues to pay Monthly Rent and Additional Rent under this Lease. Upon the expiration or earlier termination of this Lease, Landlord may at or if Tenant abandons, vacates or surrenders all or any part of the Premises or is option enter dispossessed of the Premises by process of law, or otherwise, any legal means without liability movable furniture, equipment, trade fixtures, or other personal property belonging to Tenant and may left on the Premises shall at Landlord’s the option terminate of Landlord be deemed to be abandoned and, whether or not the Lease. Abandonment property is defined as absence of deemed abandoned, Landlord shall have the Tenants right to remove such property from the Premises and charge Tenant for at least ____ consecutive days without notice to Landlord. If Tenant abandons the removal and any restoration of the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, as provided in Paragraph 9. Landlord may at Landlordcharge Tenant for the storage of Tenant’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property left on the Premises at such rates as Landlord may from time to time reasonably determine, or Landlord may, at its option, store Tenant’s property in a public warehouse at Tenant’s expense. Notwithstanding the foregoing, neither the provisions of this Paragraph 11 nor any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold other provision of this Lease shall impose upon Landlord and Landlordany obligation to care for or preserve any of Tenant’s property, including property left upon the Premises, free and harmless Tenant hereby waives and releases Landlord from any claim or liability for losses, claims, injury to or death in connection with the removal of any person, including Tenant, or for damage to such property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter the storage thereof and specifically waives the provisions of California Civil Code Section 1542 with respect to show such release. Landlord’s action or inaction with regard to the provisions of this Paragraph 11 shall not be construed as a waiver of Landlord’s right to require Tenant to remove its property, restore any damage to the Premises caused by such removal, and make any restoration required pursuant to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.Paragraph 9 above.
Appears in 1 contract
Samples: Industrial Lease (Scilex Holding Co)
Abandonment. If Tenant abandons shall not abandon the Premises of or any personal property part thereof at any time during the term of this Lease, Landlord may at is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlordhereof. If Tenant abandons or surrenders all or any part of the Premises while the rent or is outstanding for more than ____ days and there is not reasonable evidence, other than the presence dispossessed of the Tenants’ personal propertyPremises by process of law, that the Tenant is occupying the unitor otherwise, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned any movable furniture, equipment, trade fixtures, or other personal property belonging to Tenant and left on the Premises shall at the option of Landlord be deemed to be abandoned and, whether or not the property is deemed abandoned, Landlord shall have the right to remove such property from the Premises and charge Tenant for the removal and any restoration of the Premises as provided in Paragraph 9. Landlord may charge Tenant for the storage of Tenant's property left on the Premises at such rates as Landlord may from time to time reasonably determine, or, Landlord may, at its option, store Tenant's property in a public warehouse at Tenant's expense. Notwithstanding the foregoing, neither the provisions of this Paragraph 11 nor any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold other provision of this Lease shall impose upon Landlord and Landlord’s property, including any obligation to care for or preserve any of Tenant's property left upon the Premises, free and harmless Tenant hereby waives and releases Landlord from any claim or liability for lossesin connection with the removal of such property from the Premises and the storage thereof and specifically waives the provisions of California Civil Code Section 1542 with respect to such release. Landlord's action or inaction with regard to the provisions of this Paragraph 11 shall not be construed as a waiver of Landlord's right to require Tenant to remove its property, claims, injury to or death of restore any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from and the acts or omissions Building caused by such removal, and make any restoration required pursuant to Paragraph 9 above. Tenant's vacancy of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In during the event that the term hereof shall not constitute an Event of Default (as provided in Paragraph 25.a.) so long as Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease continues to pay Monthly Rent, Additional Rent and the all other sums due Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to under this Lease and maintains the Landlord prevails, Tenant shall be liable insurance coverage required pursuant to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days Paragraph 15 of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m..
Appears in 1 contract
Abandonment. If Landlord does not elect to terminate this Lease as provided in Section 13.A or 13.B above, then the provisions of California Civil Code Section 1951.4, (Landlord may continue the lease in effect after Tenant's breach and abandonment and recover rent as it becomes due if Tenant abandons the Premises of any personal property during the term of has a right to sublet and assign, subject only to reasonable limitations) as amended from time to time, shall apply and Landlord may from time to time, without terminating this Lease, Landlord may at is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined either recover all rental as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to it becomes due or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying relet the Premises or from any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable, with the acts or omissions of any person or persons, including Tenant, in or about right to make alterations and repairs to the Premises with Tenant’s express or implied consent except Landlord’s act or negligencePremises. LEGAL FEES: In the event that Landlord elects to so relet, rentals received by Landlord from such reletting shall be applied in the following order to:
(i) the payment of any indebtedness other than Base Monthly Rent due hereunder from Tenant violates to Landlord; (ii) the terms payment of any cost of such reletting (iii) the payment of the Lease or defaults in the performance cost of any covenants in alterations and repairs to the Lease Premises; and (iv) the Landlord engages an attorney or institutes a legal actionpayment of Base Monthly Rent due and unpaid hereunder. The residual rentals, counterclaimif any, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable held by Landlord and applied in payment of future Base Monthly Rent as the same may become due and payable hereunder. Landlord shall the obligation to market the space but shall have no obligation to relet the Premises following a default if Landlord for has other comparable available space within the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costsBuilding or Project. In the event the Tenants bring portion of rentals received from such reletting which is applied to the payment of rent hereunder during any action against month be less than the Landlord pursuant to this Lease and the Landlord prevailsrent payable during that month by Tenant hereunder, then Tenant shall be liable pay such deficiency to Landlord for immediately upon demand. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses of defending incurred by Landlord in such action, including reasonable attorney fees reletting or in making such alterations and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about repairs not covered by the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.rentals received from such reletting.
Appears in 1 contract
Samples: Lease (Legato Systems Inc)
Abandonment. If Tenant shall not abandon the Premises or any part thereof at any time during the term hereof. Tenant shall not be considered to have abandoned the Premises if Tenant vacates the Premises but continues to pay Rental, closely monitors the condition of the Premises, performs any repair or maintenance required to be made by Tenant pursuant to this Lease, maintains the insurance coverage required pursuant to Paragraph 16 of this Lease, and complies in a timely manner with all other obligations under this Lease. Tenant understands that if Tenant abandons the Premises or any part thereof, the risk of any personal property during fire, other casualty and vandalism to the term Premises and the Building will be increased. Accordingly, such action by Tenant shall constitute an Event of Default hereunder regardless of whether Tenant continues to pay Base Rent and other Rent under this Lease, Landlord may at is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons or surrenders all or any part of the Premises while or is dispossessed of the rent Premises by process of law, or otherwise, any movable furniture, equipment, trade fixtures, or other personal property belonging to Tenant and left on the Premises, if not removed within ten (10) days after Tenant’s receipt of notice from Landlord describing such property with reasonable particularity and requesting its removal, shall at the option of Landlord be deemed to be abandoned and, whether or not the property is outstanding for more than ____ days and there deemed abandoned, Landlord shall have the right to remove such property from the Premises if it is not removed within ten (10) days after Tenant’s receipt of notice from Landlord describing such property with reasonable evidenceparticularity and requesting its removal, other than and charge Tenant for the presence removal and any restoration of the Tenants’ personal property, that the Tenant is occupying the unit, Premises as provided in Paragraph 10(a). Landlord may at Landlordcharge Tenant for the storage of Tenant’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property left on the Premises at such rates as Landlord may from time to time reasonably determine, or, Landlord may, at its option, store Tenant’s property in a public warehouse at Tenant’s expense. Notwithstanding the foregoing, neither the provisions of this Paragraph 19 nor any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold other provision of this Lease shall impose upon Landlord and Landlordany obligation to care for or preserve any of Tenant’s property, including property left upon the Premises, free and harmless Tenant hereby waives and releases Landlord from any liability for losses, claims, injury to or death and all Claims in connection with the removal of any person, including Tenant, or for damage to such property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter the storage thereof and specifically waives the provisions of California Civil Code Section 1542, which reads as follows: A general release does not extend to show claims which the Premises creditor does not know or suspect to prospective tenants during exist in his favor at the last ____ days time of executing the release, which if known by him must have materially affected his settlement with the debtor. Landlord’s action or inaction with regard to the provisions of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant Paragraph 19 shall not cause or allow be construed as a waiver of Landlord’s right to require Tenant to remove its property, restore any unreasonably loud noise or activity in damage to the Premises that might disturb the rightsBuilding caused by such removal, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.make any restoration required pursuant to Paragraph 10(a) hereof.
Appears in 1 contract
Samples: Lease Agreement (JMP Group Inc.)
Abandonment. If Tenant shall not abandon (which, for all purposes of this Paragraph 11, shall have the meaning set forth in Section 1951.3 of the California Civil Code) the Premises or any Increment thereof at any time during the term hereof. Tenant understands that if Tenant abandons the Premises or any Increment thereof, the risk of any personal property during xxxx, other casualty and vandalism to the term Premises and the Building will be increased. Accordingly, such action by Tenant shall constitute an Event of Default hereunder. Upon the expiration or earlier termination of this Lease, Landlord may at or if Tenant abandons or surrenders all or any part of the Premises or is option enter dispossessed of the Premises by process of law, or otherwise, any legal means without liability movable furniture, equipment, trade fixtures, or other personal property belonging to Tenant and may left on the Premises (or the applicable part thereof so abandoned or surrendered) shall at Landlord’s the option terminate of Landlord be deemed to be abandoned and, whether or not the Lease. Abandonment property is defined as absence of deemed abandoned, Landlord shall have the Tenants right to remove such property from the Premises and charge Tenant for at least ____ consecutive days without notice to Landlord. If Tenant abandons the removal and any restoration of the Premises while as provided in Paragraph 9. Landlord may charge Tenant for the rent is outstanding storage of Tenant's property xxxx xx the Premises at such rates as Landlord may from time to time reasonably determine, or, Landlord may, at its option, store Tenant's property in a public warehouse at Tenant's expense. Notwithstanding the foregoing, neither the provisions of this Paragraph 11 nor any other provision of this Lease shall impose upon Landlord any obligation to care for more than ____ days or preserve any of Tenant's property left upon the Premises, and there is Tenant hereby waives and releases Landlord from any claim or liability in connection with the removal of such property from the Premises and the storage thereof and specifically waives the provisions of California Civil Code Section 1542 with respect to such release. Landlord's action or inaction with regard to the provisions of this Paragraph 11 shall not reasonable evidencebe construed as a waiver of Landlord's right to require Tenant to remove its property, restore any damage to the Premises and the Building caused by such removal, and make any restoration required pursuant to Paragraph 9 above. Tenant's mere vacating of the Premises or any Increment thereof during the term hereof shall not constitute an Event of Default so long as Tenant continues to pay Monthly Rent, Additional Rent and all other sums due Landlord under this Lease, maintains the insurance coverage required pursuant to Paragraph 15 of this Lease and Tenant otherwise continues to perform its obligations under this Lease, and so long as Tenant provides Landlord with written notice of an alternate address for notices to Tenant under this Lease (other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon Increment(s) so vacated) if such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.vacancy exceeds thirty (30) consecutive days.
Appears in 1 contract
Samples: Office Lease (Sharper Image Corp)
Abandonment. If the Demised Premises are abandoned or vacated by Tenant, Landlord shall have the right, but not the obligation, to:
A. re-let the Demised Premises for the remainder of the period covered hereby; and if the rent received through such re-leasing is not at least equal to the rent provided hereunder, Tenant abandons shall pay and satisfy any deficiencies between the Premises amount of rent called for under this Lease and that received through reletting and all expenses incurred by any such reletting, including but not limited to, the cost of renovating, altering and decorating for a new occupancy; and/or
B. provide for the storage of any personal property remaining in the Demised Premises without liability of any kind or nature for the cost of storage or the return of the personal property to Tenant or take title to the abandoned personal property which title shall pass to Landlord under this Lease as a Bill of Sale without additional payments or credit from Landlord to Tenant. Notwithstanding the foregoing, during the last ninety (90) days of the term of this Lease, if Tenant removes a substantial portion of Tenant's property or Tenant has been in physical absence for ten (10) days, it shall constitute a vacation and Landlord may at is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined as absence of the Tenants from the Demised Premises for the purpose of renovating, altering and decorating the Demised Premises for occupancy at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms end of the Lease or defaults Term by a new tenant without in the performance of any covenants in the Lease way affecting Tenant's obligation to pay rent and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs comply with all other terms and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days conditions of this Lease. Tenant agrees that no signs Nothing herein shall be placed on construed as in any way denying Landlord the Premises without the prior written consent right, in case of abandonment, vacation of the Demised Premises, or other breach of this Lease by Xxxxxx, to treat the same as an entire breach, and, at Landlord. NOISE: Tenant shall not cause or allow 's option, immediately sue for the entire breach of this Lease and any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.all damages occasioned Landlord thereby.
Appears in 1 contract
Abandonment. If the Demised Premises are abandoned or vacated by Tenant, Landlord shall have the right, but not the obligation, to:
A. Re-let the Demised Premises for the remainder of the period covered hereby; and if the rent received through such re-leasing is not at least equal to the rent provided hereunder, Tenant abandons shall pay and satisfy any deficiencies between the Premises amount of rent called for under this Lease and that received through reletting and all expenses incurred by any such reletting, including but not limited to, the cost of renovating, altering and decorating for a new occupancy; and/or
B. provide for the storage of any personal property remaining in the Demised Premises without liability of any kind or nature for the cost of storage or the return of the personal property to Tenant or take title to the abandoned personal property which title shall pass to Landlord under this Lease as a Xxxx of Sale without additional payments or credit from Landlord to Tenant. Notwithstanding the foregoing, during the last ninety (90) days of the term of this Lease, if Tenant removes a substantial portion of Tenant’s property or Tenant has been in physical absence for ten (10) days, it shall constitute a vacation and Landlord may at is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined as absence of the Tenants from the Demised Premises for the purpose of renovating, altering and decorating the Demised Premises for occupancy at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms end of the Lease or defaults Term by a new tenant without in the performance of any covenants in the Lease way affecting Tenant’s obligation to pay rent and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs comply with all other terms and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days conditions of this Lease. Tenant agrees that no signs Nothing herein shall be placed on construed as in any way denying Landlord the Premises without the prior written consent right, in case of abandonment, vacation of the Demised Premises, or other breach of this Lease by Tenant, to treat the same as an entire breach, and, at Landlord. NOISE: Tenant shall not cause or allow ’s option, immediately xxx for the entire breach of this Lease and any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.all damages occasioned Landlord thereby.
Appears in 1 contract
Abandonment. If Tenant Resident removes or attempts to remove personal property from premises other than in the usual course of continuing occupancy, with or without first having paid Owner all monies due, apartment may be considered abandoned, and Owner shall have the right, without notice, to store or dispose of any property left on the premises by Resident. Owner shall also have the right to store or dispose of any Resident’s property remaining on premises after termination of this agreement. Any such property shall be considered Owner’s property, and title shall vest in Owner. Owner shall also have the right to re-rent apartment after Resident abandons the Premises same. Owner, in its sole discretion, shall have the right to determine those other circumstances under which it considers apartment to be abandoned, subject to applicable law. Resident agrees that such circumstances as evidence of his/her abandonment of premises included, but are not limited to, the failure to pay rent or other charges, discontinuance of any utility service, failure to respond to any notices, phone calls or correspondence from Owner, or removal of Resident’s personal property form apartment. Any one of the foregoing circumstances or other circumstances shall be sufficient to evidence abandonment. In the event apartment is abandoned, Owner shall have the right, without notice, to secure apartment with new locks, to store or dispose of any property or personal possessions left on premises by Resident or Resident’s family, occupants, guests or invitees, or to re-rent apartment for new occupancy, Resident agrees that management shall have no liability for any actions taken to secure apartment, obtain possession of apartment, or store or dispose of any personal property during the term or possessions found in apartment when Owner deems apartment to have been abandoned. Resident acknowledges and agrees that Owner’s acts or failure to act with regard to securing apartment, obtaining possession of this Lease, Landlord may at is option enter the Premises by apartment or storing or disposing of any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises or possessions found in apartment under circumstances which are or may indicate abandonment are a contractual matter to which Resident has given his/her consent, and any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant alleged breach shall not cause or allow any unreasonably loud noise or activity give rise to a claim in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.tort nor to a claim for punitive damages.
Appears in 1 contract
Samples: Resident Housing Contract
Abandonment. If Tenant abandons shall not vacate or abandon the Premises of or any personal property part thereof at any time during the term hereof. Tenant understands that if Tenant leaves the Premises or any part thereof vacant, the risk of fire, other casualty and vandalism to the Premises and the Building will be increased. Accordingly, such action by Tenant shall constitute an Event of Default hereunder regardless of whether Tenant continues to pay Monthly Rent and Additional Rent under this Lease. Upon the expiration or earlier termination of this Lease, Landlord may at or if Tenant abandons, vacates or surrenders all or any part of the Premises or is option enter dispossessed of the Premises by process of law, or otherwise, any legal means without liability movable furniture, equipment, trade fixtures, or other personal property belonging to Tenant and may left on the Premises shall at Landlord’s the option terminate of Landlord be deemed to be abandoned and, whether or not the Lease. Abandonment property is defined as absence of deemed abandoned, Landlord shall have the Tenants right to remove such property from the Premises and charge Tenant for at least ____ consecutive days without notice to Landlord. If Tenant abandons the removal and any restoration of the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, as provided in Paragraph 9. Landlord may at Landlordcharge Tenant for the storage of Tenant’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property left on the Premises at such rates as Landlord may from time to time reasonably determine, or, Landlord may, at its option, store Tenant’s property in a public warehouse at Tenant’s expense. Notwithstanding the foregoing, neither the provisions of this Paragraph 11 nor any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold other provision of this Lease shall impose upon Landlord and Landlordany obligation to care for or preserve any of Tenant’s property, including property left upon the Premises, free and harmless Tenant hereby waives and releases Landlord from any claim or liability for losses, claims, injury to or death in connection with the removal of any person, including Tenant, or for damage to such property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter the storage thereof and specifically waives the provisions of California Civil Code Section 1542 with respect to show such release. Landlord’s action or inaction with regard to the provisions of this Paragraph 11 shall not be construed as a waiver of Landlord’s right to require Tenant to remove its property, restore any damage to the Premises and the Building caused by such removal, and make any restoration required pursuant to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.Paragraph 9 above.
Appears in 1 contract
Abandonment. If Tenant abandons the Premises Mine Owner intends to abandon, surrender, relinquish or let lapse any of the Mining Properties (the “Abandonment Property”), the Seller shall (i) have determined, acting in a commercially reasonable manner, that it is not economical to mine Minerals from the Abandonment Property, and (ii) first give notice of such intention to the Purchaser at least 30 days in advance of the proposed date of abandonment. If, not later than 10 days before the proposed date of abandonment, the Seller receives from the Purchaser written notice that the Purchaser wishes the Mine Owner to convey or cause the conveyance of the Abandonment Property to the Purchaser or an assignee, the Seller shall, without additional consideration, take any and all steps required to cause the conveyance of the Abandonment Property to the Purchaser on an as is where is basis and at the sole cost, risk and expense of the Purchaser and shall thereafter have no further obligation to maintain the title to the Abandonment Property. If the Purchaser does not give such notice to the Seller within the prescribed period of time, the Mine Owner may abandon the Abandonment Property and shall thereafter have no further obligation to maintain the title to the Abandonment Property; provided, however, that if any Seller Group Entity reacquires a direct or indirect interest in any of the ground covered by the Abandonment Property, the production of copper from such property shall be subject to this Agreement. The Seller shall give written notice to the Purchasers within ten days of any personal property during such reacquisition. If the term of this Lease, Landlord may at is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined as absence of the Tenants from the Premises for at least ____ consecutive days without Purchaser gives such notice to Landlord. If Tenant abandons the Premises while Seller within the rent is outstanding for more than ____ days prescribed period of time and there is not reasonable evidenceacquires the Abandonment Property, other than then the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will Purchaser shall indemnify and hold Landlord harmless the Mine Owner for any Losses suffered or incurred by the Mine Owner in respect of any operations conducted on, under or in respect of the Abandonment Property by the Purchaser or an assignee from and Landlord’s propertyafter the date of acquisition of the Abandonment Property, including the Premises, free and harmless from any liability for losses, claims, injury to reclamation or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.rehabilitation operations.
Appears in 1 contract
Abandonment. If Tenant abandons the Premises of any personal property during the term of this LeaseLeased Premises, Landlord may at is option terminate the Lease effective on the date of abandonment. Landlord may enter the Leased Premises by any legal means without liability to Tenant being liable for prosecution and may without becoming liable for damages or payment of any amount and may, at Landlord’s option terminate discretion, relet the Lease. Abandonment is defined as absence Leased Premises for the whole or any part of the Tenants unexpired term and receive and collect all rent payable by virtue of such reletting and again, at Landlord’s option, hold Tenant liable for any difference between the Contract Rent that would have been payable under this Lease during the balance of the unexpired term if the Lease had continued in force. If Tenant will be absent from the Leased Premises for at least ____ more than seven (7) consecutive days without days, Tenant shall give prior written notice of such absence to Landlord. If Tenant abandons fails to give such notice, Landlord may recover any damages resulting from Tenant’s failure to provide notice. Landlord may enter the Leased Premises while the rent is outstanding during any absence of Tenant for more than ____ days seven (7) days, whether or not Tenant provides notice of absence, as reasonably necessary to protect Landlord’s possessions and there property. Tenant must remove all personal property from the unit when Tenant leaves the tenancy and/or surrenders the unit and when the Lease is not reasonable evidence, other than terminated. If Tenant abandons the presence of the Tenants’ personal property, that the Tenant is occupying the unitLeased Premises, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in consider any personal property left on the manner prescribed by law. Leased Premises to have likewise been abandoned, and, within 24 hours after termination, Landlord will may dispose of all abandoned such personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To it deems proper in accordance with the extent permitted by law, without any liability to Tenant will indemnify and hold for doing so. If Landlord and Landlord’s sells the property, funds received shall be applied against any amounts owed to Landlord by Tenant including the Premises, free costs of storage and harmless from any liability for losses, claims, injury to or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms sale of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants property. Any remaining funds shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and coststreated as a security deposit under Paragraph 7. In the event Tenant vacates the Tenants bring any action against Leased Premises with or without notice to Landlord, leaving in the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord unit or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent Leased Premises, personal property of the Landlord. NOISE: Tenant any nature or description, Landlord shall not cause or allow any unreasonably loud noise or activity be responsible for such property, and Landlord may consider such property to be abandoned and may dispose of such property in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.accordance with this paragraph.
Appears in 1 contract
Samples: Lease Agreement
Abandonment. If Tenant abandons shall not abandon the Premises of or any personal property part thereof at any time during the term hereof. Tenant’s mere vacating of the Premises during the term hereof shall not constitute an abandonment under this Lease nor an Event of Default so long as Tenant continues to pay Monthly Rent, Tenant’s Electrical Charge, Additional Rent and all other sums due Landlord under this Lease and maintains the insurance coverage required pursuant to Paragraph 15 of this Lease. Upon the expiration or earlier termination of this Lease, Landlord may at or if Tenant abandons or surrenders all or any part of the Premises or is option enter dispossessed of the Premises by process of law, or otherwise, any legal means without liability movable furniture, equipment, trade fixtures, or other personal property belonging to Tenant and may left on the Premises shall at Landlord’s the option terminate of Landlord be deemed to be abandoned and, whether or not the Lease. Abandonment property is defined as absence of deemed abandoned, Landlord shall have the Tenants right to remove such property from the Premises and charge Tenant for at least ____ consecutive days without notice to Landlord. If Tenant abandons the removal and any restoration of the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, as provided in Paragraph 9. Landlord may at Landlordcharge Tenant for the storage of Tenant’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property left on the Premises at such rates as Landlord may from time to time reasonably determine, or, Landlord may, at its option, store Tenant’s property in a public warehouse at Tenant’s expense. Notwithstanding the foregoing, neither the provisions of this Paragraph 11 nor any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold other provision of this Lease shall impose upon Landlord and Landlordany obligation to care for or preserve any of Tenant’s property, including property left upon the Premises, free and harmless Tenant hereby waives and releases Landlord from any claim or liability for losses, claims, injury to or death in connection with the removal of any person, including Tenant, or for damage to such property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter the storage thereof. Landlord s action or inaction with regard to show the provisions of this Paragraph 11 shall not be construed as a waiver of Landlord’s right to require Tenant to remove its property, restore any damage to the Premises and the Building caused by such removal, and make any restoration required pursuant to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.Paragraph 9 above.
Appears in 1 contract
Abandonment. (a) If Tenant abandons the Premises Company intends to relinquish, surrender, abandon or allow to lapse any part or all of the Property (“Abandonment Property”), then the Company must give Notice of such intention to the Royalty Holder at least twenty (20) Business Days in advance of the proposed date of relinquishment, surrender, abandonment or lapse (“Abandonment Date”), together with details of the Abandonment Date and details of any personal property during Encumbrance on the term Abandonment Property created by, through or under the Company.
(b) Subject to the rights of this Lease, Landlord may at is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined third party existing as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence issue date of the Tenants’ personal propertyNote, that the Tenant is occupying Royalty Holder will have a period of ten (10) Business Days from receipt of the unitNotice given pursuant to Section 8.3(a) to elect by Notice to the Company to take a transfer of the Abandonment Property, Landlord may at Landlord’s option terminate this Lease Agreement which transfer will be on an “as is” basis and regain possession in subject to all obligations, Encumbrances, commitments and conditions to transfer owed to third Persons and applicable to the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless Abandonment Property (but without derogating from any liability of the Company under Law or owed to third Persons for lossesthe period prior to the Abandonment Date), claimsfor total consideration equal to $10. If the Royalty Holder elects to take a transfer of the Abandonment Property, injury then the Company must thereafter do all acts and things to transfer the Abandonment Property to the Royalty Holder (or death a nominee Affiliate of the Royalty Holder) and to have the Abandonment Property recorded or registered in the name of the Royalty Holder or a nominee Affiliate of the Royalty Holder. The Royalty Holder will be responsible for obtaining all approvals and consents required by any personthird person or Governmental Body to effect such transfer and assign all existing surface rights, including Tenantwater use rights, mining and environmental permits related to the Abandonment Property and the Company agrees to co-operate reasonably with the Royalty Holder’s efforts in that regard. All costs and expenses charged by any third person or Governmental Body to, and paid by, the Company in connection with the transfer of the Abandonment Property under this Section 8.3(b) will, upon submission to the Royalty Holder of invoices and other documents which record or are evidence of payment by the Company of such costs and expenses, be reimbursed (without xxxx up or margin) by the Royalty Holder to the Company.
(c) If the Royalty Holder does not give Notice to the Company within the period of ten (10) Business Days referred to in Section 8.3(b), electing to take a transfer of the Abandonment Property, then, the Company may relinquish, surrender, abandon or allow to lapse the Abandonment Property on the Abandonment Date and will thereafter have no further obligation to maintain the title to the Abandonment Property.
(d) The Company must not relinquish, surrender, abandon or allow to lapse or expire, the Property or any part of the Property for the purpose of permitting any Person to acquire such Property or to otherwise avoid payment of the Royalty and if the Company, or an Affiliate of the Company or any of their respective Personnel who were part of the decision to relinquish, surrender or abandon, the Property or to allow the Property to lapse or expire, or any agents or joint actors acting on behalf of, at the direction of, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms benefit of the Lease Company, acquires any Abandonment Property, then the calculation of the Royalty will include all Product derived from or defaults relating to such Abandonment Property.
(e) For greater certainty, if, for any reason, the Property or any part of the Property which is proposed to be relinquished, surrendered, abandoned or allowed to lapse by the Company, is not relinquished, surrendered, abandoned, allowed to lapse or assigned to the Royalty Holder in accordance with this Section 8.3, then the:
(i) Royalty will continue to be payable on such Property; and
(ii) the performance Company will not proceed with any relinquishment, surrender, abandonment or lapse of any covenants in such Property without again complying with the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days provisions of this Lease. Tenant agrees that no signs shall be placed Section 8.3 and so on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.from time to time.
Appears in 1 contract
Abandonment. If Tenant abandons Licensee decides that it does not wish to pay for the Premises preparation, filing, prosecution, protection or maintenance of any personal property during Patent Rights in a particular country, then Licensee shall provide Harvard with prompt written notice of such election and upon such written notice, the term of this Lease, Landlord may at is option enter Patent Rights that were the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined as absence subject of the Tenants notice, solely in the countries identified in the notice for such Patent Rights, shall be “Abandoned Patent Rights”. Upon receipt of such notice by Harvard, Licensee shall be released from its obligation to reimburse Harvard for the Premises for at least ____ consecutive days expenses incurred thereafter as to such Abandoned Patent Rights; provided, however, that expenses authorized prior to the receipt by Harvard of such notice that cannot be cancelled as of the date of the notice shall be deemed incurred prior to the notice. Any license granted by Harvard to Licensee hereunder with respect to any Abandoned Patent Rights will terminate, and Licensee will have no rights whatsoever to exploit such Abandoned Patent Rights. Harvard will then be free, without further notice or obligation to Licensee, to grant rights in and to such Abandoned Patent Rights to third parties. In addition, Harvard shall have the right to grant to third party licensees of any Abandoned Patent Rights that are Disease-Specific Patent Rights and with advance written notice to Landlord. If Tenant abandons the Premises while Licensee, a non-exclusive license under the rent is outstanding for more than ____ days and there is not reasonable evidence, Patent Rights other than the presence such Disease-Specific Patent Rights solely to make, have made, offer for sale, sell, have sold and import such [**] Proposed Product Covered (as of the Tenants’ personal propertydate of the applicable notice from Licensee of its election not to pay patent expenses with respect to such Abandoned Patent Rights) by such Abandoned Patent Rights for the prevention or treatment of the applicable human disease solely in the countries applicable to such Abandoned Patent Rights and not including any indications or applications not Covered (as of the date of the applicable notice from Licensee of its election not to pay patent expenses with respect to such Abandoned Patent Rights) by such Abandoned Patent Rights in such country. In addition, if Abandoned Patent Rights represent substantially all the material patentable claims within a Subcategory of Base Editor Patent Rights, Harvard shall have the right to grant to third party licensees of such Abandoned Patent Rights within such Subcategory of Base Editor Patent Rights, a non-exclusive license under the Patent Rights solely to make, have made, offer for sale, sell, have sold and import products, including Base Editor Products, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession are claimed or covered by Patent Rights within such Subcategory of Base Editor Patent Rights in any field solely in the manner prescribed by lawcountries applicable to such Abandoned Patent Rights, which non-exclusive license shall not extend to components of such products that are a different category of Base Editor than the category of Base Editor that is the subject matter of such Abandoned Patent Rights (for non-limiting example, [**]). Landlord will dispose of For clarity, Abandoned Patent Rights are defined on a country-by-country basis, not a worldwide basis, and Licensee shall retain its rights in all abandoned personal property on other countries to the Premises Patent Rights that are counterparts in any manner allowed by law. INDEMNIFICATION: To other countries to the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease Abandoned Patent Rights (and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable non-exclusive licenses referred to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant paragraph shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of extend to such other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.countries).
Appears in 1 contract
Abandonment. If Tenant abandons the Premises of any personal property during the term of this Lease, Landlord may at is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined as absence of the Tenants absent from the Premises Dwelling Unit for at least ____ more than 14 consecutive days without giving the required notice to Landlord, or if during any absence of 14 or more consecutive days the rent is or becomes delinquent, the Dwelling Unit may be deemed abandoned. If Tenant abandons the Premises while demised Dwelling Unit, the Landlord may, at its option, enter the demised premises by any means without being liable for any prosecution therefore, and without becoming liable to Tenants for damages or for payment of any kind whatsoever. Landlord shall make reasonable efforts to re-let the demised premises, or any part thereof, for the whole of any part of the then unexpired term, and may receive and collect all rent payable by virtue of such re letting and at Landlord's option, hold Tenant liable for the difference between the rent is outstanding for more than ____ days and there is not reasonable evidence, other than that would have been payable under this Rental Agreement during the presence balance of the Tenants’ personal propertyunexpired term, that if the Tenant is occupying Rental Agreement had continued in force and the net rent for such period realized by landlord by means of re-letting. If Landlord rents the dwelling unit, Landlord may at Landlord’s option terminate option, this Lease Rental Agreement shall be deemed terminated as of the date the new tenancy begins. If the Dwelling Unit is abandoned during the leased term and regain possession personal property remains in the manner prescribed Dwelling Unit, Xxxxxx agrees that Landlord may remove such personal property solely at the risk and cost of Tenant, and Xxxxxx agrees to pay the actual costs incurred by lawLandlord for reasonable storage charges. Landlord will dispose of all abandoned personal property on the Premises shall in any manner allowed by law. INDEMNIFICATION: To the extent permitted by lawno event be responsible as warehouseman, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to or death of any person, including Tenantbailee, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or personsotherwise, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants foregoing remedies shall be liable deemed additional to any others available to Landlord for the costs and expenses incurred at law or in enforcing this Lease, including reasonable attorney fees and costsequity. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.SAMPLE
Appears in 1 contract
Samples: Rental Agreement
Abandonment. If Tenant abandons the Premises of any personal property during the term of this LeaseLeased Premises, Landlord may at is option terminate the Lease effective on the date of abandonment. Landlord may enter the Leased Premises by any legal means without liability to Tenant being liable for prosecution and may without becoming liable for damages or payment of any amount and may, at Landlord’s option terminate discretion, re-let the Lease. Abandonment is defined as absence Leased Premises for the whole or any part of the Tenants unexpired term and receive and collect all rent payable by virtue of such re-letting and again, at Landlord’s option, hold Tenant liable for any difference between the Contract Rent that would have been payable under this Lease during the balance of the unexpired term if the Lease had continued in force. If Tenant will be absent from the Leased Premises for at least ____ more than seven (7) consecutive days without days, Tenant shall give prior written notice of such absence to Landlord. If Tenant abandons fails to give such notice, Landlord may recover any damages resulting from Xxxxxx’s failure to provide notice. Landlord may enter the Leased Premises while the rent is outstanding during any absence of Tenant for more than ____ days seven (7) days, whether or not Tenant provides notice of absence, as reasonably necessary to protect Landlord’s possessions and there property. Tenant must remove all personal property from the unit when Tenant leaves the tenancy and/or surrenders the unit and when the Lease is not reasonable evidence, other than terminated. If Tenant abandons the presence of the Tenants’ personal property, that the Tenant is occupying the unitLeased Premises, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in consider any personal property left on the manner prescribed by law. Leased Premises to have likewise been abandoned, and, within 24 hours after termination, Landlord will may dispose of all abandoned such personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To it deems proper in accordance with the extent permitted by law, without any liability to Tenant will indemnify and hold for doing so. If Landlord and Landlord’s sells the property, funds received shall be applied against any amounts owed to Landlord by Tenant including the Premises, free costs of storage and harmless from any liability for losses, claims, injury to or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms sale of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants property. Any remaining funds shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and coststreated as a security deposit under Paragraph 7. In the event Tenant vacates the Tenants bring any action against Leased Premises with or without notice to Landlord, leaving in the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord unit or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent Leased Premises, personal property of the Landlord. NOISE: Tenant any nature or description, Landlord shall not cause or allow any unreasonably loud noise or activity be responsible for such property, and Landlord may consider such property to be abandoned and may dispose of such property in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.accordance with this paragraph.
Appears in 1 contract
Samples: Lease Agreement
Abandonment. If Tenant abandons the Premises of any personal property during the term of this Lease, Landlord may may, at is option their option, enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined as absence of the Tenants Tenant from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ 15 days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults a dispute resulting in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting successful party will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.entitled to its legal fees, including, but not limited to its attorneys’ fees.
Appears in 1 contract
Samples: Month to Month Rental Agreement
Abandonment. If Tenant abandons the Premises ProjectCo or Magazynskraal MineCo intends to abandon, surrender, relinquish or let lapse all or a part of the Mining Right, including by way of ceasing to maintain Project Authorizations or the validity of mineral claims or leases (the “Abandonment Property”), the ProjectCo or Magazynskraal MineCo (as applicable) shall (A) have determined, acting in a commercially reasonable manner, that it is not economical to mine minerals from the Abandonment Property, and (B) first give notice (the “Abandonment Notice”) of such intention to the Purchaser at least 30 days in advance of the proposed date of abandonment. If, not later than 10 days after the date of the Abandonment Notice, the ProjectCo receives from the Purchaser written notice that the Purchaser desires the ProjectCo to procure the conveyance of the Abandonment Property to the Purchaser or an assignee, the ProjectCo or Magazynskraal MineCo (as applicable) shall, without additional consideration, convey or cause the conveyance of the Abandonment Property to the Purchaser on an as is where is basis and at the sole cost, risk and expense of the Purchaser and shall thereafter have no further obligation to maintain the title to the Abandonment Property. If the Purchaser does not give such notice to the ProjectCo within the prescribed period of time and after the ProjectCo or Magazynskraal MineCo (as applicable) having obtained the necessary regulatory authorisations for such abandonment, the ProjectCo or Magazynskraal MineCo (as applicable) may abandon the Abandonment Property and shall thereafter have no further obligation to maintain the title to the Abandonment Property; provided, however, that if the ProjectCo or any Seller Group Member reacquires a direct or indirect interest in any of the ground covered by the Abandonment Property at any time within seven years following abandonment, the Produced Stream Minerals from such property shall be subject to this Agreement. The ProjectCo shall give written notice to the Purchaser within ten days of any personal property during the term of this Lease, Landlord may at is option enter the Premises by any legal means without liability to Tenant and may at Landlord’s option terminate the Lease. Abandonment is defined as absence of the Tenants from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.reacquisition.
Appears in 1 contract
Samples: Sale and Purchase Agreement (Sedibelo Resources LTD)
Abandonment. If Tenant abandons shall not abandon the Premises of or any personal property part thereof at any time during the term hereof. Tenant’s mere vacating of the Premises during the term hereof shall not constitute an abandonment under this Lease nor an Event of Default so long as Tenant continues to pay Monthly Rent, Additional Rent and all other sums due Landlord under this Lease and maintains the insurance coverage required pursuant to Paragraph 15 of this Lease. Upon the expiration or earlier termination of this Lease, Landlord may at or if Tenant abandons or surrenders all or any part of the Premises or is option enter dispossessed of the Premises by process of law, or otherwise, any legal means without liability movable furniture, equipment, trade fixtures, or other personal property belonging to Tenant and may left on the Premises shall at Landlord’s the option terminate of Landlord be deemed to be abandoned and, whether or not the Lease. Abandonment property is defined as absence of deemed abandoned, Landlord shall have the Tenants right to remove such property from the Premises and charge Tenant for at least ____ consecutive days without notice to Landlord. If Tenant abandons the removal and any restoration of the Premises while the rent is outstanding for more than ____ days and there is not reasonable evidence, other than the presence of the Tenants’ personal property, that the Tenant is occupying the unit, as provided in Paragraph 9. Landlord may at Landlordcharge Tenant for the storage of Tenant’s option terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property left on the Premises at such rates as Landlord may from time to time reasonably determine, or, Landlord may, at its option. store Tenant’s property in a public warehouse at Tenant’s expense. Notwithstanding the foregoing, neither the provisions of this Paragraph 11 nor any manner allowed by law. INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold other provision of this Lease shall impose upon Landlord and Landlordany obligation to care for or preserve any of Tenant’s property, including property left upon the Premises, free and harmless Tenant hereby waives and releases Landlord from any claim or liability for losses, claims, injury to or death in connection with the removal of any person, including Tenant, or for damage to such property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent except Landlord’s act or negligence. LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs. DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter the storage thereof and specifically waives the provisions of California Civil Code Section 1542 with respect to show such release. Landlord’s action or inaction with regard to the provisions of this Paragraph 11 shall not be construed as a waiver of Landlord’s right to require Tenant to remove its property, restore any damage to the Premises and the Building caused by such removal, and make any restoration required pursuant to prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of the Landlord. NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed in the common areas. Furniture delivery and removal will take place between _____a.m. and _____p.m.Paragraph 9 above.
Appears in 1 contract
Samples: Office Lease (New Relic Inc)