Common use of Additional Remedies of Landlord Clause in Contracts

Additional Remedies of Landlord. (a) In the case of any Events of Default, and Landlord re-enters, terminates and/or dispossesses Tenant by summary proceedings or otherwise, in addition to, and not in lieu of all other remedies which Landlord has under this Lease or which may be available to Landlord, at law or in equity: (i) the Base Annual Rent and all Additional Charges shall become due and owing by Tenant and be paid up to the time of such re-entry, dispossess and/or termination, (ii) Landlord may relet the Demised Premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term which may be less than or exceed the period which would otherwise have constituted the balance of the Term, and (iii) Tenant or the legal representative of Tenant shall also pay Landlord, at Landlord’s option and whether or not Landlord has terminated this Lease, as damages for the failure of Tenant to observe and perform said Tenant’s covenants here in contained, for each month of the period which would otherwise have constituted the balance of the Term, any deficiency between the sum of (a) the monthly installment(s) of Base Annual Rent and Additional Charges that would have been payable for the calendar month in question but for such re-entry or termination, and (b) the net amount, if any, of the rents actually collected on account of the lease or leases of the Demised Premises for such month. In computing such damages there shall be added to the said deficiency all non-recurring sums and charges remaining unpaid and which are due or to become due from Tenant pursuant to this Lease and such reasonable expenses as Landlord may incur in connection with reletting, such as court costs, attorney’s fees, paralegal’s fees, litigation expenses through all trial and appellate levels and disbursements therefor, brokerage and management fees and commissions, cost of putting and keeping the Demised Premises in good order and costs of preparing the Demised Premises for reletting as hereinafter provided, and any such expenses as Landlord may incur in order to cure any breach by Tenant. Any such damages shall be paid in monthly installments by Tenant on the dates that Base Annual Rent would otherwise have been due as set forth herein and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding or to elect to collect a lump sum amount for its damages. Landlord, at Landlord’s option, may make such alterations, repairs, replacements and/or decorations in the Demised Premises as Landlord considers advisable or necessary for the purpose of reletting the Demised Premises, and the making of such alterations, repairs, replacements and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to relet the Demised Premises, or in the event that the Demised Premises or a portion thereof is relet, for failure to collect any sums due under such reletting. (b) In case of any default under this Lease, Landlord shall have the right to immediately accelerate and declare due and owing all Base Annual Rent and all additional rent for the balance of the Lease Term, including, but not limited to all Additional Charges and any other sums remaining due under the Lease for the remainder of the balance of the Lease Term, together with all unamortized costs of Landlord associated with this Lease including, but not limited to, inducements, tenant improvement allowances, leasing commissions, costs of marketing the space or advertising the availability of the space and all legal fees. (c) In the event of a breach or threatened breach by Tenant of any of the covenants or provisions hereof, Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided. All remedies available to Landlord pursuant to the terms of this Lease and at law and in equity shall be cumulative and may be pursued or enforced concurrently. (d) Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of the Demised Premises by reason of the violation by Tenant of any of the covenants or conditions of this Lease or otherwise. The words “re-enter” and “re-entry” as used in this Lease are not restricted to their technical legal meaning. (e) In the event that Tenant defaults hereunder and Landlord gives notice of default to Tenant, then whether or not Tenant cures such default, Tenant shall pay to Landlord upon demand a fee of Five Hundred and 00/100 Dollars ($500.00) representing an agreed upon administrative fee which shall include the processing by Landlord of any such default notice. The aforementioned fee shall be applicable to all default notices which are given. (f) In the event Tenant furnishes Landlord a check which is not honored for any reason, Tenant shall pay Landlord, upon demand, a fee equal to the greater of (i) One Hundred and 00/100 Dollars ($100.00), or (ii) the service charge Landlord must pay to its bank by reason of such check. The fee is an agreed upon administrative fee to Landlord to reimburse Landlord for having to advise Tenant of the dishonored check and pay a service charge to Landlord’s bank. A fee shall be assessed for each dishonored check. (g) Tenant shall reimburse Landlord for attorney’s fees, paralegal’s fees and litigation expenses through all trial and appellate levels, court costs and related fees and expenses which are incurred or expended by reason of Tenant’s failure to comply with any of the terms and provisions of this Lease, or by virtue of any Event of Default.

Appears in 1 contract

Samples: Lease Agreement (Bankrate, Inc.)

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Additional Remedies of Landlord. (a) In the case event that this Lease is terminated in the manner set forth in Paragraph 20 because of any Events the occurrence of an Event of Default, or if the Premises shall be abandoned by Tenant during the term hereof, Landlord shall, use its best efforts to relet the whole or any portion of said Premises for any period equal to or greater or less than the remainder of the original term of this Lease for a reasonable rent in relation to the then current market conditions to any tenants which it may deem suitable and satisfactory, and for any use and purposes which it may deem appropriate, but in no event shall Landlord re-entersbe under any obligation to relet the same premises for any purpose which Landlord may regard as injurious to the Premises,, terminates and/or dispossesses Tenant by summary proceedings or otherwiseto any tenant which Landlord, in addition to, and not in lieu the exercise of all other remedies which Landlord has under reasonable discretion shall deem to be objectionable. In the event of such termination of this Lease or which may be available to Landlord, at law or in equity: (i) the Base Annual Rent and all Additional Charges shall become due and owing by Tenant and be paid up to the time of such re-entry, dispossess and/or termination, (ii) Landlord may relet the Demised Premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term which may be less than or exceed the period which would otherwise have constituted the balance because of the Termoccurrence of an Event of Default or if the Premises are abandoned, and (iii) Tenant or the legal representative of Tenant shall also pay Landlord, at Landlord’s option and whether or not the Premises be relet, and whether this Lease be terminated or not, Landlord has terminated shall be entitled to recover of shall be entitled to recover of Tenant, and Tenant hereby agrees to pay to Landlord as damages, the following: A. An amount equal to the amount of the rent reserved under this Lease, as damages for less the failure of Tenant to observe and perform said Tenant’s covenants here in contained, for each month of the period which would otherwise have constituted the balance of the Term, any deficiency between the sum of (a) the monthly installment(s) of Base Annual Rent and Additional Charges that would have been payable for the calendar month in question but for such re-entry or termination, and (b) the net amountrent, if any, of collected by Landlord on reletting the rents actually collected on account of the lease or leases of the Demised Premises for such month. In computing such damages there Premises, which shall be added to the said deficiency all non-recurring sums due and charges remaining unpaid and which are due or to become due from Tenant pursuant to this Lease and such reasonable expenses as Landlord may incur in connection with reletting, such as court costs, attorney’s fees, paralegal’s fees, litigation expenses through all trial and appellate levels and disbursements therefor, brokerage and management fees and commissions, cost of putting and keeping the Demised Premises in good order and costs of preparing the Demised Premises for reletting as hereinafter provided, and any such expenses as Landlord may incur in order to cure any breach by Tenant. Any such damages shall be paid in monthly installments payable by Tenant to Landlord on the dates that Base Annual Rent several days on which the rent herein reserved would otherwise have been due as set forth herein and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding or to elect to collect a lump sum amount for its damages. Landlord, at Landlord’s option, may make such alterations, repairs, replacements and/or decorations in the Demised Premises as Landlord considers advisable or necessary for the purpose of reletting the Demised Premises, and the making of such alterations, repairs, replacements and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to relet the Demised Premises, or in the event that the Demised Premises or a portion thereof is relet, for failure to collect any sums due under such reletting. (b) In case of any default become payable under this Lease. B. In addition to the damages hereinbefore provided for in this paragraph 21, an amount equal to the cost (1) of placing the Premises in the condition in which Tenant has agreed to surrender them to Landlord and (2) of performing any other covenant herein contained which Tenant has agreed to perform, other than the covenant to pay rent. The damages mentioned in this subdivision B shall have the right to become immediately accelerate and declare due and owing all Base Annual Rent and all additional rent for the balance of the Lease Term, including, but not limited to all Additional Charges and any other sums remaining due under the Lease for the remainder of the balance of the Lease Term, together with all unamortized costs of Landlord associated with this Lease including, but not limited to, inducements, tenant improvement allowances, leasing commissions, costs of marketing the space or advertising the availability of the space and all legal fees. (c) In the event of a breach or threatened breach payable by Tenant of any of the covenants or provisions hereof, Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided. All remedies available to Landlord pursuant to the terms of this Lease and at law and in equity shall be cumulative and may be pursued or enforced concurrently. (d) Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of the Demised Premises by reason of the violation by Tenant of any of the covenants or conditions of this Lease or otherwise. The words “re-enter” and “re-entry” as used in this Lease are not restricted to their technical legal meaning. (e) In the event that Tenant defaults hereunder and Landlord gives notice of default to Tenant, then whether or not Tenant cures such default, Tenant shall pay to Landlord upon demand a fee the termination of Five Hundred and 00/100 Dollars ($500.00) representing an agreed upon administrative fee which shall include the processing this Lease. Without any previous notice or demand, separate actions may be maintained by Landlord against Tenant from time to time to recover any damages which, at the commencement of any such default notice. The aforementioned fee shall be applicable to all default notices which are given. (f) In the event Tenant furnishes Landlord a check which is not honored for any reasonaction, Tenant shall pay Landlord, upon demand, a fee equal to the greater of (i) One Hundred have then or theretofore become due and 00/100 Dollars ($100.00), or (ii) the service charge Landlord must pay to its bank by reason of such check. The fee is an agreed upon administrative fee payable to Landlord to reimburse Landlord for having to advise Tenant under this paragraph 21, without waiting until the end of the dishonored check and pay a service charge to Landlord’s bank. A fee shall be assessed for each dishonored check. (g) Tenant shall reimburse Landlord for attorney’s fees, paralegal’s fees and litigation expenses through all trial and appellate levels, court costs and related fees and expenses which are incurred or expended by reason of Tenant’s failure to comply with any of the terms and provisions term of this Lease, or by virtue providing that any such action shall include all claims outstanding as of any Event the date of Defaultthe commencement of such action.

Appears in 1 contract

Samples: Lease Agreement (Sync Research Inc)

Additional Remedies of Landlord. (a) A. In the case of any Events of Defaultevent that this Lease is terminated in the manner set forth in Section 20 hereof, and Landlord re-enters, terminates and/or dispossesses Tenant or by summary court proceedings or otherwise, in addition to, and not in lieu of all other remedies which Landlord has under this Lease or which may if any Parcel shall be available to Landlord, at law or in equity: (i) the Base Annual Rent and all Additional Charges shall become due and owing abandoned by Tenant and be paid up to during the time of such re-entryterm hereof, dispossess and/or termination, (ii) Landlord may for its own account, relet the Demised Premises whole or any part portion of said Parcel for any period equal to or parts thereof, either in the name of Landlord greater or otherwise, for a term which may be less than or exceed the period which would otherwise have constituted the balance of the Term, and (iii) Tenant or the legal representative of Tenant shall also pay Landlord, at Landlord’s option and whether or not Landlord has terminated this Lease, as damages for the failure of Tenant to observe and perform said Tenant’s covenants here in contained, for each month of the period which would otherwise have constituted the balance of the Term, any deficiency between the sum of (a) the monthly installment(s) of Base Annual Rent and Additional Charges that would have been payable for the calendar month in question but for such re-entry or termination, and (b) the net amount, if any, of the rents actually collected on account of the lease or leases of the Demised Premises for such month. In computing such damages there shall be added to the said deficiency all non-recurring sums and charges remaining unpaid and which are due or to become due from Tenant pursuant to this Lease and such reasonable expenses as Landlord may incur in connection with reletting, such as court costs, attorney’s fees, paralegal’s fees, litigation expenses through all trial and appellate levels and disbursements therefor, brokerage and management fees and commissions, cost of putting and keeping the Demised Premises in good order and costs of preparing the Demised Premises for reletting as hereinafter provided, and any such expenses as Landlord may incur in order to cure any breach by Tenant. Any such damages shall be paid in monthly installments by Tenant on the dates that Base Annual Rent would otherwise have been due as set forth herein and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding or to elect to collect a lump sum amount for its damages. Landlord, at Landlord’s option, may make such alterations, repairs, replacements and/or decorations in the Demised Premises as Landlord considers advisable or necessary for the purpose of reletting the Demised Premises, and the making of such alterations, repairs, replacements and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to relet the Demised Premises, or in the event that the Demised Premises or a portion thereof is relet, for failure to collect any sums due under such reletting. (b) In case of any default under this Lease, Landlord shall have the right to immediately accelerate and declare due and owing all Base Annual Rent and all additional rent for the balance of the Lease Term, including, but not limited to all Additional Charges and any other sums remaining due under the Lease for the remainder of the balance original terms of the Lease Term, together with all unamortized costs of Landlord associated with this Lease includingfor any sum which it may deem reasonable, to any tenants which it may deem suitable and satisfactory, and for any use and purposes which it may deem appropriate, but not limited toin no event shall Landlord be under any obligation to relet any Parcel for any purpose which Landlord may regard as injurious to the Land, inducementsor to any tenant which Landlord, tenant improvement allowances, leasing commissions, costs in the exercise of marketing the space or advertising the availability of the space and all legal fees. (c) reasonable discretion shall deem to be objectionable. In the event of a breach or threatened breach by Tenant of any of the covenants or provisions hereof, Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided. All remedies available to Landlord pursuant to the terms such termination of this Lease and at law and in equity shall be cumulative and may be pursued or enforced concurrently. (d) Tenant hereby expressly waives if any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any causeParcel is abandoned, or in the event of any event of default mentioned in Section 20 hereof, and whether or not the Parcel be relet, and whether this Lease be terminated or not, Landlord obtaining possession shall be entitled to recover of Tenant, and Tenant hereby agrees to pay to Landlord as damages, the Demised Premises following: (1) An amount equal to the amount to the rent reserved under this Lease for such Parcel as apportioned in Paragraph 3.A. hereof, less the rent, if any, collected by reason of Landlord on reletting the violation Parcel, which shall be due and payable by Tenant of any of to Landlord on the covenants or conditions of several days on which the rent herein reserved would have become payable under this Lease or otherwise. The words “re-enter” and “re-entry” as used in this Lease are not restricted to their technical legal meaningLease. (e2) In An amount equal to the event that cost (a) of placing the Parcel in the condition in which Tenant defaults hereunder has agreed to surrender it to Landlord and (b) of performing any other covenant herein contained which Tenant has agreed to perform, other than the covenant to pay rent. B. The damages mentioned in this Paragraph 21 shall become immediately due and Landlord gives notice of default to Tenant, then whether or not payable by Tenant cures such default, Tenant shall pay to Landlord upon demand a fee the termination of Five Hundred and 00/100 Dollars ($500.00) representing an agreed upon administrative fee which shall include the processing this Lease. Without any previous notice or demand, separate actions may be maintained by Landlord against Tenant from time to time to recover any damages which, at the commencement of any such default notice. The aforementioned fee shall be applicable to all default notices which are given. (f) In the event Tenant furnishes Landlord a check which is not honored for any reasonaction, Tenant shall pay Landlord, upon demand, a fee equal to the greater of (i) One Hundred have then or theretofore become due and 00/100 Dollars ($100.00), or (ii) the service charge Landlord must pay to its bank by reason of such check. The fee is an agreed upon administrative fee payable to Landlord to reimburse Landlord for having to advise Tenant of under this Section 21, without waiting until the dishonored check and pay a service charge to Landlord’s bank. A fee shall be assessed for each dishonored check. (g) Tenant shall reimburse Landlord for attorney’s fees, paralegal’s fees and litigation expenses through all trial and appellate levels, court costs and related fees and expenses which are incurred or expended by reason of Tenant’s failure to comply with any end of the terms and provisions of this Lease, or by virtue of any Event of Default.

Appears in 1 contract

Samples: Ground Lease Agreement (Cn Bancorp Inc)

Additional Remedies of Landlord. (a) In the case of any Events of Default, and Landlord re-enters, terminates and/or dispossesses Tenant by summary proceedings or otherwise, in addition to, and not in lieu of all other remedies which Landlord has under this Lease or which may be available to Landlord, at law or in equity: (i) the Base Annual Rent and all Additional Charges shall become due and owing by Tenant and be paid up to the time of such re-entry, dispossess and/or termination, (ii) Landlord may relet the Demised Premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term which may be less than or exceed the period which would otherwise have constituted the balance of the Term, and (iii) Tenant or the legal representative of Tenant shall also pay Landlord, at Landlord’s 's option and whether or not Landlord has terminated this Lease, as damages for the failure of Tenant to observe and perform said Tenant’s 's covenants here in contained, for each month of the period which would otherwise have constituted the balance of the Term, any deficiency between the sum of (a) the monthly installment(s) of Base Annual Rent and Additional Charges that would have been payable for the calendar month in question but for such re-entry or termination, and (b) the net amount, if any, of the rents actually collected on account of the lease or leases of the Demised Premises for such month. In computing such damages there shall be added to the said deficiency all non-recurring sums and charges remaining unpaid and which are due or to become due from Tenant pursuant to this Lease and such reasonable expenses as Landlord may incur in connection with reletting, such as court costs, attorney’s 's fees, paralegal’s 's fees, litigation expenses through all trial and appellate levels and disbursements therefor, brokerage and management fees and commissions, cost of putting and keeping the Demised Premises in good order and costs of preparing the Demised Premises for reletting as hereinafter provided, and any such expenses as Landlord may incur in order to cure any breach by Tenant. Any such damages shall be paid in monthly installments by Tenant on the dates that Base Annual Rent would otherwise have been due as set forth herein and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding or to elect to collect a lump sum amount for its damages. Landlord, at Landlord’s 's option, may make such alterations, repairs, replacements and/or decorations in the Demised Premises as Landlord considers advisable or necessary for the purpose of reletting the Demised Premises, and the making of such alterations, repairs, replacements and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to relet the Demised Premises, or in the event that the Demised Premises or a portion thereof is relet, for failure to collect any sums due under such reletting. (b) In case of any default under this Lease, Landlord shall have the right to immediately accelerate and declare due and owing all Base Annual Rent and all additional rent for the balance of the Lease Term, including, but not limited to all Additional Charges and any other sums remaining due under the Lease for the remainder of the balance of the Lease Term, together with all unamortized costs of Landlord associated with this Lease including, but not limited to, inducements, tenant improvement allowances, leasing commissions, costs of marketing the space or advertising the availability of the space and all legal fees. (c) In the event of a breach or threatened breach by Tenant of any of the covenants or provisions hereof, Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided. All remedies available to Landlord pursuant to the terms of this Lease and at law and in equity shall be cumulative and may be pursued or enforced concurrently. (d) Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of the Demised Premises by reason of the violation by Tenant of any of the covenants or conditions of this Lease or otherwise. The words “re-enter” and “re-entry” as used in this Lease are not restricted to their technical legal meaning. (e) In the event that Tenant defaults hereunder and Landlord gives notice of default to Tenant, then whether or not Tenant cures such default, Tenant shall pay to Landlord upon demand a fee of Five Hundred and 00/100 Dollars ($500.00) representing an agreed upon administrative fee which shall include the processing by Landlord of any such default notice. The aforementioned fee shall be applicable to all default notices which are given. (f) In the event Tenant furnishes Landlord a check which is not honored for any reason, Tenant shall pay Landlord, upon demand, a fee equal to the greater of (i) One Hundred and 00/100 Dollars ($100.00), or (ii) the service charge Landlord must pay to its bank by reason of such check. The fee is an agreed upon administrative fee to Landlord to reimburse Landlord for having to advise Tenant of the dishonored check and pay a service charge to Landlord’s bank. A fee shall be assessed for each dishonored check. (g) Tenant shall reimburse Landlord for attorney’s fees, paralegal’s fees and litigation expenses through all trial and appellate levels, court costs and related fees and expenses which are incurred or expended by reason of Tenant’s failure to comply with any of the terms and provisions of this Lease, or by virtue of any Event of Default.

Appears in 1 contract

Samples: Lease Agreement (Bankrate Inc)

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Additional Remedies of Landlord. (a) A. In the case of any Events of Defaultevent that this Lease is terminated in the manner set forth in Section 20 hereof, and Landlord re-enters, terminates and/or dispossesses Tenant or by summary court proceedings or otherwise, in addition to, and not in lieu of all other remedies which Landlord has under this Lease or which may if the Land shall be available to Landlord, at law or in equity: (i) the Base Annual Rent and all Additional Charges shall become due and owing abandoned by Tenant and be paid up to during the time of such re-entryterm hereof, dispossess and/or termination, (ii) Landlord may for its own account, relet the Demised Premises whole or any part portion of said Land for any period equal to or parts thereof, either in the name of Landlord greater or otherwise, for a term which may be less than or exceed the period which would otherwise have constituted the balance of the Term, and (iii) Tenant or the legal representative of Tenant shall also pay Landlord, at Landlord’s option and whether or not Landlord has terminated this Lease, as damages for the failure of Tenant to observe and perform said Tenant’s covenants here in contained, for each month of the period which would otherwise have constituted the balance of the Term, any deficiency between the sum of (a) the monthly installment(s) of Base Annual Rent and Additional Charges that would have been payable for the calendar month in question but for such re-entry or termination, and (b) the net amount, if any, of the rents actually collected on account of the lease or leases of the Demised Premises for such month. In computing such damages there shall be added to the said deficiency all non-recurring sums and charges remaining unpaid and which are due or to become due from Tenant pursuant to this Lease and such reasonable expenses as Landlord may incur in connection with reletting, such as court costs, attorney’s fees, paralegal’s fees, litigation expenses through all trial and appellate levels and disbursements therefor, brokerage and management fees and commissions, cost of putting and keeping the Demised Premises in good order and costs of preparing the Demised Premises for reletting as hereinafter provided, and any such expenses as Landlord may incur in order to cure any breach by Tenant. Any such damages shall be paid in monthly installments by Tenant on the dates that Base Annual Rent would otherwise have been due as set forth herein and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding or to elect to collect a lump sum amount for its damages. Landlord, at Landlord’s option, may make such alterations, repairs, replacements and/or decorations in the Demised Premises as Landlord considers advisable or necessary for the purpose of reletting the Demised Premises, and the making of such alterations, repairs, replacements and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to relet the Demised Premises, or in the event that the Demised Premises or a portion thereof is relet, for failure to collect any sums due under such reletting. (b) In case of any default under this Lease, Landlord shall have the right to immediately accelerate and declare due and owing all Base Annual Rent and all additional rent for the balance of the Lease Term, including, but not limited to all Additional Charges and any other sums remaining due under the Lease for the remainder of the balance original term of the Lease Term, together with all unamortized costs of Landlord associated with this Lease includingfor any sum which it may deem reasonable, to any tenants which it may deem suitable and satisfactory, and for any use and purposes which it may deem appropriate, but not limited toin no event shall Landlord be under any obligation to relet the Land for any purpose which Landlord may regard as injurious to the Land, inducementsor to any tenant which Landlord, tenant improvement allowances, leasing commissions, costs in the exercise of marketing the space or advertising the availability of the space and all legal fees. (c) reasonable discretion shall deem to be objectionable. In the event of a breach or threatened breach by Tenant of any of the covenants or provisions hereof, Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided. All remedies available to Landlord pursuant to the terms such termination of this Lease and at law and in equity shall be cumulative and may be pursued or enforced concurrently. (d) Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in if the event of Tenant being evicted or dispossessed for any causeLand are abandoned, or in the event of any event of default mentioned in Section 20 hereof, and whether or not the Land be relet, and whether this Lease be terminated or not, Landlord obtaining possession shall be entitled to recover of Tenant, and Tenant hereby agrees to pay to Landlord as damages, the following: (1) An amount equal to the amount of the Demised Premises rent reserved under this Lease, less the rent, if any, collected by reason of Landlord on reletting the violation Land, which shall be due and payable by Tenant of any of to Landlord on the covenants or conditions of several days on which the rent herein reserved would have become payable under this Lease or otherwise. The words “re-enter” and “re-entry” as used in this Lease are not restricted to their technical legal meaningLease. (e2) In An amount equal to the event that cost (a) of placing the Land in the condition in which Tenant defaults hereunder has agreed to surrender it to Landlord; and (b) of performing any other covenant herein contained which Tenant has agreed to perform, other than the covenant to pay rent. B. The damages mentioned in this Section 21 shall become immediately due and Landlord gives notice of default to Tenant, then whether or not payable by Tenant cures such default, Tenant shall pay to Landlord upon demand a fee the termination of Five Hundred and 00/100 Dollars ($500.00) representing an agreed upon administrative fee which shall include the processing this Lease. Without any previous notice or demand, separate actions may be maintained by Landlord against Tenant from time to time to recover any damages which, at the commencement of any such default notice. The aforementioned fee shall be applicable to all default notices which are given. (f) In the event Tenant furnishes Landlord a check which is not honored for any reasonaction, Tenant shall pay Landlord, upon demand, a fee equal to the greater of (i) One Hundred have then or theretofore become due and 00/100 Dollars ($100.00), or (ii) the service charge Landlord must pay to its bank by reason of such check. The fee is an agreed upon administrative fee payable to Landlord to reimburse Landlord for having to advise Tenant under this Section 21, without waiting until the end of the dishonored check and pay a service charge to Landlord’s bank. A fee shall be assessed for each dishonored check. (g) Tenant shall reimburse Landlord for attorney’s fees, paralegal’s fees and litigation expenses through all trial and appellate levels, court costs and related fees and expenses which are incurred or expended by reason of Tenant’s failure to comply with any of the terms and provisions term of this Lease, or by virtue of any Event of Default.

Appears in 1 contract

Samples: Ground Lease Agreement (Cn Bancorp Inc)

Additional Remedies of Landlord. (a) A. In the case event of any Events Event of Default, and Landlord re-entersentry, terminates termination and/or dispossesses Tenant dispossession by summary proceedings or otherwise, in addition to, and not in lieu of of, all other remedies which Landlord has under this Lease or which may be available to LandlordLease, at law or in equity: ; (i1) the Base Annual Rent, Common Area Maintenance Rent and all Additional Charges Rent shall become due and owing by Tenant thereupon and be paid up to the time of such re-entry, dispossess dispossession and/or termination, expiration; and (ii2) Landlord may relet the Demised Leased Premises or any part or of parts thereof, either in the name of Landlord or otherwise, otherwise for a term of rental which may at Landlord’s option be less than or exceed the period which would otherwise have constituted the balance of the Term, and (iii) Tenant or the legal representative term of Tenant shall also pay Landlord, at Landlord’s option and whether or not Landlord has terminated this Lease, and at such rental or rentals and upon such other terms and conditions as Landlord, in its sole discretion, may deem advisable. Landlord may make such alterations and repairs as Landlord deems necessary in order to relet the Leased Premises upon each such reletting all rentals received by Landlord from such reletting shall be applied, first, to the payment of any costs and expenses of such reletting, including brokerage fees, attorneys’ fees and costs of such alterations and repairs; second, to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord; third, to the payment of rent due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. If such rents received from such reletting during any month are less than that to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No such reentry or taking possession of the Leased Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. B. Landlord shall have the election, in place and instead of holding Tenant so liable, to recover against Tenant, as liquidated damages for the failure of Tenant to observe and perform said Tenant’s covenants here in contained, for each month loss of the period bargain and not as a penalty, a sum equal to the monthly amount of Base Rent and all Additional Rent multiplied by the number of months and fractional months which would otherwise have constituted the balance of the Termterm (or such lesser time period specified by Landlord), any deficiency between the sum of (a) the monthly installment(s) of Base Annual Rent together with costs and Additional Charges that would have been payable for the calendar month in question but for such re-entry or termination, and (b) the net amount, if any, of the rents actually collected on account of the lease or leases of the Demised Premises for such month. In computing such damages there shall be added to the said deficiency all non-recurring sums and charges remaining unpaid and which are due or to become due from Tenant pursuant to this Lease and such reasonable expenses as Landlord may incur in connection with reletting, such as court costs, attorney’s fees, paralegal’s fees, litigation expenses through all trial and appellate levels and disbursements therefor, brokerage and management fees and commissions, cost of putting and keeping the Demised Premises in good order and costs of preparing the Demised Premises for reletting as hereinafter provided, and any such expenses as Landlord may incur in order . Actions to cure any breach by Tenant. Any such damages shall be paid in monthly installments collect amounts due by Tenant may be brought from time to time, on one or more occasions, without the dates that Base Annual Rent would otherwise have been due as set forth herein and any suit brought to collect the amount necessity of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding or to elect to collect a lump sum amount for its damages. Landlord, at Landlord’s option, may make such alterations, repairs, replacements and/or decorations in waiting until the Demised Premises as Landlord considers advisable or necessary for the purpose of reletting the Demised Premises, and the making of such alterations, repairs, replacements and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to relet the Demised Premises, or in the event that the Demised Premises or a portion thereof is relet, for failure to collect any sums due under such reletting. (b) In case of any default under this Lease, Landlord shall have the right to immediately accelerate and declare due and owing all Base Annual Rent and all additional rent for the balance expiration of the Lease Term, including, but not limited to all Additional Charges and any other sums remaining due under the Lease for the remainder of the balance of the Lease Term, together with all unamortized costs of Landlord associated with this Lease including, but not limited to, inducements, tenant improvement allowances, leasing commissions, costs of marketing the space or advertising the availability of the space and all legal feesterm. (c) In the event of a breach or threatened breach by Tenant of any of the covenants or provisions hereof, Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided. All remedies available to Landlord pursuant to the terms of this Lease and at law and in equity shall be cumulative and may be pursued or enforced concurrently. (d) Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of the Demised Premises by reason of the violation by Tenant of any of the covenants or conditions of this Lease or otherwise. The words “re-enter” and “re-entry” as used in this Lease are not restricted to their technical legal meaning. (e) In the event that Tenant defaults hereunder and Landlord gives notice of default to Tenant, then whether or not Tenant cures such default, Tenant shall pay to Landlord upon demand a fee of Five Hundred and 00/100 Dollars ($500.00) representing an agreed upon administrative fee which shall include the processing by Landlord of any such default notice. The aforementioned fee shall be applicable to all default notices which are given. (f) In the event Tenant furnishes Landlord a check which is not honored for any reason, Tenant shall pay Landlord, upon demand, a fee equal to the greater of (i) One Hundred and 00/100 Dollars ($100.00), or (ii) the service charge Landlord must pay to its bank by reason of such check. The fee is an agreed upon administrative fee to Landlord to reimburse Landlord for having to advise Tenant of the dishonored check and pay a service charge to Landlord’s bank. A fee shall be assessed for each dishonored check. (g) Tenant shall reimburse Landlord for attorney’s fees, paralegal’s fees and litigation expenses through all trial and appellate levels, court costs and related fees and expenses which are incurred or expended by reason of Tenant’s failure to comply with any of the terms and provisions of this Lease, or by virtue of any Event of Default.

Appears in 1 contract

Samples: Commercial Lease (Protalex Inc)

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