Common use of Certain Consequences of Termination and Re-entry Clause in Contracts

Certain Consequences of Termination and Re-entry. If the Landlord re-enters the Premises or if this Lease is terminated other than by the passing or expiration of time, then: (a) notwithstanding any termination or the Term thereby becoming forfeited and void, the provisions of this Lease which relate to the consequences of termination, and the provisions of this Lease as they apply with respect to acts, events and omissions which occurred prior to the termination, shall all survive such termination; (b) at the Landlord’s option, but without prejudice to the Landlord’s other rights and remedies with respect to recovery of costs, damages and expenses which relate to any default by the Tenant, the Tenant shall pay to the Landlord on demand: (i) Rent and all other amounts payable under this Lease up to the time of re-entry or the date of termination, whichever is later, including any accelerated rent payable pursuant to section 16.2; (ii) all damages the Landlord incurs in connection with the re-entering, terminating, re-letting, collecting sums due or payable by the Tenant and storing and realizing upon assets seized, including without limitation, brokerage fees, legal fees and disbursements, the expenses of cleaning and making and keeping the Premises in good order, and the expenses of repairing the Premises and preparing them for re-letting and including the worth at the time of such termination of the excess, if any, of the amount of Rent and charges equivalent to Rent required to be paid pursuant to this Lease for the unexpired remainder of the Term, had it not been terminated, over the then reasonable rental value of the Premises for the remainder of the Term, all of which amounts shall be immediately due and payable by the Tenant to the Landlord; and (c) the Landlord shall take all such actions as are available to it, acting in a commercially reasonable manner, to mitigate its damages.

Certain Consequences of Termination and Re-entry. If the Landlord re-enters the Premises or if this Lease is terminated other than by the passing or expiration effluxion of time, then: (a) notwithstanding any termination or the Term thereby becoming forfeited and void, the provisions of this Lease which relate to the consequences of termination, and the provisions of this Lease as they apply with respect to acts, events and omissions which occurred prior to the termination, shall all survive such termination;; and (b) at the Landlord’s 's option, but without prejudice to the Landlord’s 's other rights and remedies with respect to recovery of costs, damages and expenses which relate to any default Event of Default by the Tenant, the Tenant shall pay to the Landlord on demand: (i) Rent and all other amounts payable under this Lease up to the time of re-entry or the date of termination, whichever is later, including any accelerated rent payable pursuant to section 16.2Section 16.02; (ii) all damages such reasonable expenses as the Landlord incurs has incurred, and a reasonable estimate of the Landlord of expenses the Landlord expects to incur, in connection with the re-entering, terminating, re-letting, collecting sums due or payable by the Tenant and storing and realizing upon assets seized, including without limitation, brokerage fees, legal fees and disbursements, the expenses of cleaning and making and keeping the Premises in good order, and the expenses of repairing the Premises and preparing them for re-letting letting; and (iii) in the case of termination, as liquidated damages for the loss of rental and including the worth at the time of such termination other income of the excess, if any, Landlord expected to be derived from the Lease during the period which would have constituted the unexpired portion of the amount of Rent and charges equivalent to Rent required to be paid pursuant to this Lease for the unexpired remainder of the Term, Term had it not been terminated, over the then reasonable rental amount determined by reducing to present value at an assumed rate of the Premises for the remainder of the Term, six percent (6%) per annum all of Annual Base Rent and Additional Rent which amounts shall be immediately due and would have become payable by the Tenant under this Lease during such period, such determination to the Landlord; and (c) be made by the Landlord shall take all and for such actions purpose the Landlord may make reasonable estimates of time or times when any amounts would have become payable and such other assumptions of fact as are available to it, acting may be reasonable in a commercially reasonable manner, to mitigate its damagesthe circumstances.

Certain Consequences of Termination and Re-entry. If the Landlord re-enters the Leased Premises or if this Lease is terminated by reason of any event set out in clause 14.3, then without prejudice to the Landlord's other than by the passing or expiration of time, thenrights and remedies: (a) notwithstanding any termination or the Term thereby becoming forfeited and void, the provisions of this Lease which relate to the consequences of termination, and the provisions of this Lease as they apply with respect to acts, events events, and omissions which occurred prior to the termination, shall all survive such termination; (b) at the Landlord’s option, but without prejudice in addition to the Landlord’s other rights and remedies with respect to recovery of costs, damages and expenses which relate to any default payment by the Tenant of Rent and other payments for which the Tenant is liable under this Lease, Rent for the current month and the next ensuing three months shall immediately become due and be paid by the Tenant or the person then controlling the Tenant, 's affairs; and (c) the Tenant or person then controlling the affairs of the Tenant shall pay to the Landlord on demand: (i) Rent and all other amounts payable under this Lease up to the time of re-entry or the date of termination, whichever is later, including any accelerated rent payable pursuant to section 16.2; (ii) all damages demand such reasonable expenses as the Landlord incurs has incurred, and a reasonable estimate of the Landlord of expenses the Landlord expects to incur, in connection with the re-entering, terminating, re-letting, collecting sums due or payable by the Tenant Tenant, and storing and realizing upon assets seized, including without limitation, limitation brokerage fees, legal fees fees, and disbursements, the expenses of cleaning and making and keeping the Leased Premises in good order, and the expenses of repairing the Leased Premises and preparing them for re-letting and including the worth at the time of such termination of the excess, if any, of the amount of Rent and charges equivalent to Rent required to be paid pursuant to this Lease for the unexpired remainder of the Term, had it not been terminated, over the then reasonable rental value of the Premises for the remainder of the Term, all of which amounts shall be immediately due and payable by the Tenant to the Landlord; and (c) the Landlord shall take all such actions as are available to it, acting in a commercially reasonable manner, to mitigate its damagesletting.

Certain Consequences of Termination and Re-entry. If the Landlord re-enters the Premises or if this Lease is terminated by reason of any event set out in clause 15.3, then without prejudice to the Landlord’s other than by the passing or expiration of time, thenrights and remedies: (a) notwithstanding any termination or the Term thereby becoming forfeited and void, the provisions of this Lease which that relate to the consequences of termination, and the provisions of this Lease as they apply with respect to acts, events events, and omissions which that occurred prior to the termination, shall will all survive such termination; (b) at the Landlord’s option, but without prejudice in addition to the Landlord’s other rights and remedies with respect to recovery of costs, damages and expenses which relate to any default payment by the Tenant, Tenant of Rent and other payments for which the Tenant shall is liable under this Lease, Rent for the current month and the next ensuing three months will immediately become due and be paid by the Tenant or the person then controlling the Tenant’s affairs; and (c) the Tenant or person then controlling the affairs of the Tenant will pay to the Landlord on demand: (i) Rent and all other amounts payable under this Lease up to the time of re-entry or the date of termination, whichever is later, including any accelerated rent payable pursuant to section 16.2; (ii) all damages demand such reasonable expenses as the Landlord incurs has incurred, and a reasonable estimate of the Landlord of expenses the Landlord expects to incur, in connection with the re-entering, terminating, re-letting, collecting sums due or payable by the Tenant Tenant, and storing and realizing upon assets seized, including without limitation, limitation brokerage fees, legal fees (on a full indemnity basis) and disbursements, the expenses of cleaning and making and keeping the Premises in good order, and the expenses of repairing the Premises and preparing them for re-letting and including the worth at the time of such termination of the excess, if any, of the amount of Rent and charges equivalent to Rent required to be paid pursuant to this Lease for the unexpired remainder of the Term, had it not been terminated, over the then reasonable rental value of the Premises for the remainder of the Term, all of which amounts shall be immediately due and payable by the Tenant to the Landlord; and (c) the Landlord shall take all such actions as are available to it, acting in a commercially reasonable manner, to mitigate its damagesletting.

Certain Consequences of Termination and Re-entry. If the Landlord re-enters the Premises and License Area or if this Lease is terminated by reason of any event set out in clause 16.3 or 16.5, then without prejudice to the Landlord’s other than by the passing or expiration of time, thenrights and remedies: (a) notwithstanding any termination or the Term thereby becoming forfeited and void, the provisions of this Lease which relate to the consequences of termination, and the provisions of this Lease as they apply with respect to acts, events events, and omissions which occurred prior to the termination, shall all survive such termination; (b) at the Landlord’s option, but without prejudice in addition to the Landlord’s other rights and remedies with respect to recovery of costs, damages and expenses which relate to any default payment by the Tenant of Rent and other payments for which the Tenant is liable under this Lease, Rent for the current month and the next ensuing three months shall immediately become due and be paid by the Tenant or the person then controlling the Tenant, ’s affairs; and c) the Tenant or person then controlling the affairs of the Tenant shall pay to the Landlord on demand: (i) Rent and all other amounts payable under this Lease up to the time of re-entry or the date of termination, whichever is later, including any accelerated rent payable pursuant to section 16.2; (ii) all damages demand such reasonable expenses as the Landlord incurs has incurred, and a reasonable estimate of the Landlord of expenses the Landlord expects to incur, in connection with the re-entering, terminating, re-letting, collecting sums due or payable by the Tenant Tenant, and storing and realizing upon assets seized, including without limitation, limitation brokerage fees, legal fees fees, and disbursements, the expenses of cleaning and making and keeping the Premises and License Area in good order, and the expenses of repairing the Premises and preparing them for re-letting and including the worth at the time of such termination of the excess, if any, of the amount of Rent and charges equivalent to Rent required to be paid pursuant to this Lease for the unexpired remainder of the Term, had it not been terminated, over the then reasonable rental value of the Premises for the remainder of the Term, all of which amounts shall be immediately due and payable by the Tenant to the Landlord; and (c) the Landlord shall take all such actions as are available to it, acting in a commercially reasonable manner, to mitigate its damagesre- letting.

Certain Consequences of Termination and Re-entry. If the Landlord re-enters the Premises or if this Lease is terminated other than by the passing or expiration of time, then: (a) notwithstanding any termination or the Term thereby becoming forfeited and void, the provisions of this Lease which relate to the consequences of termination, and the provisions of this Lease as they apply with respect to acts, events and omissions which occurred prior to the termination, shall all survive such termination; (b) at the Landlord’s option, but without prejudice to the Landlord’s other rights and remedies with respect to recovery of costs, damages and expenses which relate to any default by the Tenant, the Tenant shall pay to the Landlord on demand: (i) Rent and all other amounts payable under this Lease up to the time of re-entry reentry or the date of termination, whichever is later, including any accelerated rent payable pursuant to section 16.2; (ii) all damages the Landlord incurs in connection with the re-entering, terminating, re-letting, collecting sums due or payable by the Tenant and storing and realizing upon assets seized, including without limitation, brokerage fees, legal fees and disbursements, the expenses of cleaning and making and keeping the Premises in good order, and the expenses of repairing the Premises and preparing them for re-letting and including the worth at the time of such termination of the excess, if any, of the amount of Rent and charges equivalent to Rent required to be paid pursuant to this Lease for the unexpired remainder of the Term, had it not been terminated, over the then reasonable rental value of the Premises for the remainder of the Term, all of which amounts shall be immediately due and payable by the Tenant to the Landlord; and (c) the Landlord shall take all such actions as are available to it, acting in a commercially reasonable manner, to mitigate its damages.

Certain Consequences of Termination and Re-entry. If the Landlord re-enters the Premises and the Patio Licence Area or if this Lease is terminated by reason of any event set out in clause 16.3 or 16.5, then without prejudice to the Landlord’s other than by the passing or expiration of time, thenrights and remedies: (a) notwithstanding any termination or the Term thereby becoming forfeited and void, the provisions of this Lease which relate to the consequences of termination, and the provisions of this Lease as they apply with respect to acts, events events, and omissions which occurred prior to the termination, shall all survive such termination; (b) at the Landlord’s option, but without prejudice in addition to the Landlord’s other rights and remedies with respect to recovery of costs, damages and expenses which relate to any default payment by the Tenant of Rent and other payments for which the Tenant is liable under this Lease, Rent for the current month and the next ensuing three months shall immediately become due and be paid by the Tenant or the person then controlling the Tenant, ’s affairs; and (c) the Tenant or person then controlling the affairs of the Tenant shall pay to the Landlord on demand: (i) Rent and all other amounts payable under this Lease up to the time of re-entry or the date of termination, whichever is later, including any accelerated rent payable pursuant to section 16.2; (ii) all damages demand such reasonable expenses as the Landlord incurs has incurred, and a reasonable estimate of the Landlord of expenses the Landlord expects to incur, in connection with the re-entering, terminating, re-letting, collecting sums due or payable by the Tenant Tenant, and storing and realizing upon assets seized, including without limitation, limitation brokerage fees, legal fees fees, and disbursements, the expenses of cleaning and making and keeping the Premises and the Patio Licence Area in good order, and the expenses of repairing the Premises and preparing them for re-letting and including the worth at the time of such termination of the excess, if any, of the amount of Rent and charges equivalent to Rent required to be paid pursuant to this Lease for the unexpired remainder of the Term, had it not been terminated, over the then reasonable rental value of the Premises for the remainder of the Term, all of which amounts shall be immediately due and payable by the Tenant to the Landlord; and (c) the Landlord shall take all such actions as are available to it, acting in a commercially reasonable manner, to mitigate its damagesletting.