Common use of CONDITIONS OF LIMITATION Clause in Contracts

CONDITIONS OF LIMITATION. RE-ENTRY - TERMINATION. This Lease and the herein term and estate are upon the condition that if (a) Tenant shall neglect or fail to perform or observe any of the Tenant's covenants herein, including (without limitation) the covenants with regard to the payment when due of Rent; or (b) Tenant shall be involved in financial difficulties as evidenced by an admission in writing by Tenant of Tenant's inability to pay its debts generally as they become due, or by the making or offering to make a composition of its debts with its creditors; or (c) Tenant shall make an assignment or trust mortgage, or other conveyance or transfer of like nature, of all or a substantial part of its property for the benefit of its creditors, or (d) the leasehold hereby created shall be taken on execution or by other process of law and shall not be revested in Tenant within sixty (60) days thereafter; or (e) a receiver, sequester, trustee or similar officer shall be appointed by a court of competent jurisdiction to take charge of all or a substantial part of Tenant's property and such appointment shall not be vacated within sixty (60) days; or (f) any proceeding shall be instituted by or against Tenant pursuant to any of the provisions of any Act of Congress or State law relating to bankruptcy, reorganization, arrangements, compositions or other relief from creditors, and, in the case of any such proceeding instituted against it, if Tenant shall fail to have such proceeding dismissed within thirty (30) days or if Tenant is adjudged bankrupt or insolvent as a result of any such proceeding; or (g) any event shall occur or any contingency shall arise whereby this Lease, or the term and estate thereby created, would (by operation of law or otherwise) devolve upon or pass to any person, firm or corporation other than Tenant, except as expressly permitted under the Article of this Lease entitled "ASSIGNMENT, MORTGAGING, SUBLETTING, ETC." or (h) Tenant shall vacate all or substantially all of the Premises and fail to maintain the Property as required under the Lease; then, and in any such event Landlord may, in a manner consistent with applicable law, immediately or at any time thereafter declare this Lease terminated by notice to Tenant or, without further demand or notice, enter into and upon the Premises (or any part thereof in the name of the whole), and in either such case (and without prejudice to any remedies which might otherwise be available for arrears of Rent or other charges due hereunder or preceding breach of covenant and without prejudice to Tenant's liability for damages as hereinafter stated), this Lease shall terminate. The words "re-entry" and "re-enter" as used in this Lease are not restricted to their technical legal meaning. As used in items (b), (c), (e) and (d) of this Section, the term "Tenant" shall also be deemed to refer to any guarantor of Tenant's obligations hereunder.

CONDITIONS OF LIMITATION. RE-ENTRY - TERMINATION. This If an Event of Default occurs, Landlord may serve a written three (3) day notice of termination of this Lease upon Tenant, and, upon the expiration of said three (3) day period, this Lease and the Term and all rights of Tenant under this Lease shall end, expire and terminate as fully and completely as if the expiration of said three (3) day period were the date set forth herein term as the Expiration Date and estate are upon Tenant immediately shall quit and surrender the condition that if (a) Premises, but Tenant shall neglect remain liable as hereinafter provided. If the notice provided for in this Section 17.2 shall have been given and the Term shall expire as aforesaid, then Landlord may, without notice, re-enter the Premises either by force or fail to perform otherwise and dispossess, Tenant the legal representatives of Tenant or observe any other occupants of the Tenant's covenants herein, including (without limitation) Premises and recover possession of the covenants with regard Premises by summary proceedings or otherwise and in such manner as set forth in Article 18 and the legal representative of Tenant or other occupant of the Premises and remove their effects and hold the Premises as if this Lease had not been made. Anything contained herein to the payment when due contrary notwithstanding, if such termination shall be stayed by order of Rent; any court having jurisdiction over any proceeding described in Section 17.1(c), or by federal or state statute, then, following the expiration of any such stay, or (b) the trustee appointed in any such proceeding, Tenant or Tenant as debtor-in-possession shall fail to assume Tenant’s obligations under this Lease within the period prescribed therefor by law or within one hundred twenty (120) days after entry of the order for relief or as may be involved in financial difficulties as evidenced by an admission in writing by Tenant of Tenant's inability to pay its debts generally as they become due, or allowed by the making or offering to make a composition of its debts with its creditors; court, or (c) said trustee, Tenant shall make an assignment or trust mortgage, or other conveyance or transfer of like nature, of all or a substantial part of its property for the benefit of its creditors, or (d) the leasehold hereby created shall be taken on execution or by other process of law and shall not be revested in Tenant within sixty (60) days thereafter; or (e) a receiver, sequester, trustee or similar officer shall be appointed by a court of competent jurisdiction to take charge of all or a substantial part of Tenant's property and such appointment shall not be vacated within sixty (60) days; or (f) any proceeding shall be instituted by or against Tenant pursuant to any of the provisions of any Act of Congress or State law relating to bankruptcy, reorganization, arrangements, compositions or other relief from creditors, and, in the case of any such proceeding instituted against it, if Tenant as debtor-in-possession shall fail to have such proceeding dismissed within thirty (30) days provide adequate protection of Landlord’s right, title and interest in and to the Premises or if Tenant is adjudged bankrupt or insolvent as a result adequate assurance of any such proceeding; or (g) any event shall occur or any contingency shall arise whereby the complete and continuous future performance of Tenant’s obligations under this Lease, or Landlord, to the term and estate thereby created, would (extent permitted by operation of law or otherwiseby leave of the court having jurisdiction over such proceeding, may serve a written three (3) devolve upon or pass to any person, firm or corporation other than Tenant, except as expressly permitted under day notice of the Article termination of this Lease entitled "ASSIGNMENTupon Tenant, MORTGAGING, SUBLETTING, ETC." Tenant as debtor-in-possession or (h) Tenant shall vacate all or substantially all of the Premises and fail to maintain the Property as required under the Lease; then, and in any such event Landlord may, in a manner consistent with applicable law, immediately or at any time thereafter declare this Lease terminated by notice to Tenant or, without further demand or notice, enter into said trustee and upon the Premises expiration of said three (or any part thereof in the name of the whole), and in either such case (and without prejudice to any remedies which might otherwise be available for arrears of Rent or other charges due hereunder or preceding breach of covenant and without prejudice to Tenant's liability for damages as hereinafter stated), 3) day period this Lease shall terminate. The words "recease and expire as set forth above and Tenant, Tenant as debtor-entry" in-possession or said trustee shall immediately quit and "re-enter" surrender the Premises as used in this Lease are not restricted to their technical legal meaning. As used in items (b), (c), (e) and (d) of this Section, the term "Tenant" shall also be deemed to refer to any guarantor of Tenant's obligations hereunderaforesaid.

CONDITIONS OF LIMITATION. RE-ENTRY - TERMINATION. This Lease and the herein term and estate are are, upon the condition that if (a) subject to Article 21.7, Tenant shall neglect or fail to perform or observe any of the Tenant's covenants or agreements herein, including (without limitation) the covenants or agreements with regard to the payment when due of Rentrent, additional charges, reimbursement for increase in Landlord's costs, or any other charge payable by Tenant to Landlord (all of which shall be considered as part of Yearly Rent for the purposes of invoking Landlord's statutory or other rights and remedies in respect of payment defaults); or (b) Tenant shall be involved in financial difficulties as evidenced by an admission in writing by Tenant of Tenant's inability to pay its debts generally as they become due, or by the making or offering to make a composition of its debts with its creditors; or (c) Tenant shall make an assignment or trust mortgage, or other conveyance or transfer of like nature, of all or a substantial part of its property for the benefit of its creditors, or (d) the leasehold hereby created shall be taken on execution or by other process of law and shall not be revested in Tenant within sixty ninety (6090) days thereafter; or (e) a receiver, sequestersequesterer, trustee or similar officer shall be appointed by a court of competent jurisdiction to take charge of all or a substantial any part of Tenant's property and such appointment shall not be vacated within sixty ninety (6090) days; or (f) any proceeding shall be instituted by or against Tenant pursuant to any of the provisions of any Act of Congress or State law relating to bankruptcy, reorganizationreorganizations, arrangements, compositions or other relief from creditors, and, in the case of any such proceeding instituted against it, if Tenant shall fail to have such proceeding proceedings dismissed within thirty ninety (3090) days or if Tenant is adjudged bankrupt or insolvent as a result of any such proceeding; , or (g) any event shall occur or any contingency shall arise whereby this Lease, or the term and estate thereby created, would (by operation of law or otherwise) devolve upon or pass to any person, firm or corporation other than Tenant, except as expressly permitted under the Article of this Lease entitled "ASSIGNMENT, MORTGAGING, SUBLETTING, ETC." or (h) Tenant shall vacate all or substantially all of the Premises and fail to maintain the Property as required under the Lease; 16 hereof-- then, and in any such event (except as hereinafter in Article 21.2 otherwise provided) Landlord may, in a manner consistent with applicable law, immediately or at any time thereafter declare this Lease terminated by notice to Tenant orTenant, without further demand or notice, enter into elect to terminate this Lease; and upon the Premises (or any part thereof in the name of the whole), and in either such case thereupon (and without prejudice to any remedies which might otherwise be available for arrears of Rent rent or other charges due hereunder or preceding breach of covenant or agreement and without prejudice to Tenant's liability for damages as hereinafter stated), upon the giving of such notice, this Lease shall terminateterminate as of the date specified therein as though that were the Termination Date as stated in Exhibit 1. Without being taken or deemed to be guilty of any manner of trespass or conversion, and without being liable to indictment, prosecution or damages therefor, Landlord may, forcibly if necessary, enter into and upon the premises (or any part thereof in the name of the whole); repossess the same as of its former estate; and expel Tenant and those claiming under Tenant. The words "re-entry" and "re-enter" as used in this Lease are not restricted to their technical legal meaning. As used in items (b), (c), (e) and (d) of this Section, the term "Tenant" shall also be deemed to refer to any guarantor of Tenant's obligations hereundermeanings.

CONDITIONS OF LIMITATION. RE-ENTRY - TERMINATION. This If an Event of Default occurs, Landlord may serve a written three (3) day notice of termination of this Lease upon Tenant, and, upon the expiration of said three (3) day period, this Lease and the Term and all rights of Tenant under this Lease shall end, expire and terminate as fully and completely as if the expiration of said three (3) day period were the date set forth herein term as the Expiration Date and estate are upon Tenant immediately shall quit and surrender the condition Premises, but Tenant shall remain liable as hereinafter provided. If the notice provided for in this Section 17.2 shall have been given and the Term shall expire as aforesaid, then Landlord may, without notice, re-enter the Premises either by force or otherwise (but only if permitted under Legal Requirements) and dispossess Tenant and recover possession of the Premises by summary proceedings and in such manner as set forth in Article 18 and the legal representative of Tenant or other occupant of the Premises and remove their effects and hold the Premises as if this Lease had not been made, and Tenant hereby waives the service of notice of intention to re-enter or to institute legal proceedings to that if end. Anything contained herein to the contrary notwithstanding, (a) Tenant if such termination shall neglect be stayed by order of any court having jurisdiction over any proceeding described in Section 17.1(c), or fail to perform by federal or observe state statute, then, following the expiration of any of the Tenant's covenants hereinsuch stay, including (without limitation) the covenants with regard to the payment when due of Rent; or (b) if the trustee appointed in any such proceeding, Tenant or Tenant as debtor-in-possession shall fail to assume Tenant’s obligations under this Lease within the period prescribed therefor by law or within one hundred twenty (120) days after entry of the order for relief or as may be involved in financial difficulties as evidenced by an admission in writing by Tenant of Tenant's inability to pay its debts generally as they become due, or allowed by the making or offering to make a composition of its debts with its creditors; court, or (c) if said trustee, Tenant shall make an assignment or trust mortgage, or other conveyance or transfer of like nature, of all or a substantial part of its property for the benefit of its creditors, or (d) the leasehold hereby created shall be taken on execution or by other process of law and shall not be revested in Tenant within sixty (60) days thereafter; or (e) a receiver, sequester, trustee or similar officer shall be appointed by a court of competent jurisdiction to take charge of all or a substantial part of Tenant's property and such appointment shall not be vacated within sixty (60) days; or (f) any proceeding shall be instituted by or against Tenant pursuant to any of the provisions of any Act of Congress or State law relating to bankruptcy, reorganization, arrangements, compositions or other relief from creditors, and, in the case of any such proceeding instituted against it, if Tenant as debtor-in-possession shall fail to have such proceeding dismissed within thirty (30) days provide adequate protection of Landlord’s right, title and interest in and to the Premises or if Tenant is adjudged bankrupt or insolvent as a result adequate assurance of any such proceeding; or (g) any event shall occur or any contingency shall arise whereby the complete and continuous future performance of Tenant’s obligations under this Lease, or Landlord, to the term and estate thereby created, would (extent permitted by operation of law or otherwiseby leave of the court having jurisdiction over such proceeding, may serve a written three (3) devolve upon or pass to any person, firm or corporation other than Tenant, except as expressly permitted under day notice of the Article termination of this Lease entitled "ASSIGNMENTupon Tenant, MORTGAGING, SUBLETTING, ETC." Tenant as debtor-in-possession or (h) Tenant shall vacate all or substantially all of the Premises and fail to maintain the Property as required under the Lease; then, and in any such event Landlord may, in a manner consistent with applicable law, immediately or at any time thereafter declare this Lease terminated by notice to Tenant or, without further demand or notice, enter into said trustee and upon the Premises expiration of said three (or any part thereof in the name of the whole), and in either such case (and without prejudice to any remedies which might otherwise be available for arrears of Rent or other charges due hereunder or preceding breach of covenant and without prejudice to Tenant's liability for damages as hereinafter stated), 3) day period this Lease shall terminate. The words "recease and expire as set forth above and Tenant, Tenant as debtor-entry" in-possession or said trustee shall immediately quit and "re-enter" surrender the Premises as used in this Lease are not restricted to their technical legal meaning. As used in items (b), (c), (e) and (d) of this Section, the term "Tenant" shall also be deemed to refer to any guarantor of Tenant's obligations hereunderaforesaid.

CONDITIONS OF LIMITATION. RE-ENTRY - TERMINATION. This Lease and the herein term and estate of this Lease are upon the condition that if (a) Tenant Lessee shall neglect or fail to perform or observe any of the TenantLessee's covenants hereincontained in this Lease, including (without limitation) the covenants with regard to the payment when due of Rent; or (b) Tenant Lessee shall be involved in financial difficulties as evidenced by an admission in writing by Tenant Lessee of TenantLessee's inability to pay its debts generally as they become due, or by the making or offering to make a composition of its debts with its creditors; or (c) Tenant Lessee shall make an assignment or trust mortgage, or other conveyance or transfer of like nature, of all or a substantial part of its property for the benefit of its creditors, or (d) the leasehold hereby created by this Lease shall be taken on execution or by other process of law and shall not be revested in Tenant Lessee within sixty (60) days thereafter; or (e) a receiver, sequester, trustee or similar officer shall be appointed by a court of competent jurisdiction to take charge of all or a substantial part of TenantLessee's property and such appointment shall not be vacated within sixty (60) days; or (f) any proceeding shall be instituted by or against Tenant Lessee pursuant to any of the provisions of any Act of Congress or State state law relating to bankruptcy, reorganization, arrangements, compositions or other relief from creditors, and, in the case of any such proceeding instituted against it, if Tenant Lessee shall fail to have such proceeding dismissed within thirty sixty (3060) days or if Tenant Lessee is adjudged bankrupt or insolvent as a result of any such proceeding; or (g) any event shall occur or any contingency shall arise whereby this Lease, or the term and estate thereby createdcreated by this Lease, would (by operation of law or otherwise) devolve upon or pass to any person, firm or corporation other than TenantLessee, except as expressly permitted under the Article 10 of this Lease entitled "ASSIGNMENT, MORTGAGING, SUBLETTING, ETC." Lease; or (h) Tenant Lessee shall vacate all or substantially all of the Premises and fail to maintain the Property as required under the Lease; Demised, then, and in any such event Landlord Lessor may, in a manner consistent with applicable law, immediately or at any time thereafter declare this Lease terminated by notice to Tenant Lessee or, without further demand or notice, enter into and upon the Demised Premises (or any part thereof in the name of the whole), and in either such case (and without prejudice to any remedies which might otherwise be available for arrears of Rent rent or other charges due hereunder under this Lease or preceding for any breach of covenant or obligation of Lessee under this Lease and without prejudice to TenantLessee's liability for damages as hereinafter statedstated or otherwise under the law), this Lease shall terminate. The words "re-entry" and "re-enter" as used in this Lease are not restricted to their technical legal meaning. As used in items (b), (c), (ed) and (de) of this Section, the term "TenantLessee" shall also be deemed to refer to any guarantor of TenantLessee's obligations hereunderunder this Lease.

CONDITIONS OF LIMITATION. RE-ENTRY - -- TERMINATION. This Lease and the herein term and estate are are, upon the condition that if (a) subject to the provisions of Article 21.7, Tenant shall neglect or fail to perform or observe any of the Tenant's covenants or agreements herein, including (without limitation) the covenants or agreements with regard to the payment when due of Rentrent, additional charges, reimbursement for increase in Landlord's costs, or any other charge payable by Tenant to Landlord (all of which shall be considered as part of Yearly Rent for the purposes of invoking Landlord's statutory or other rights and remedies in respect of payment defaults); or (b) Tenant shall desert or abandon the premises or the same shall become vacant (whether or not the keys shall have been surrendered or the rent shall have been paid); or (c) Tenant shall be involved in financial difficulties as evidenced by an admission in writing by Tenant of Tenant's inability to pay its debts generally as they become due, or by the making or offering to make a composition of its debts with its creditors; or (cd) Tenant shall make an assignment or trust mortgage, or other conveyance or transfer of like nature, of all or a substantial part of its property for the benefit of its creditors, or (dg) the leasehold hereby created shall be taken on execution or by other process of law and shall not be revested in Tenant within sixty (60) rent and additional rent days thereafter; or (eh) a receiver, sequestersequesterer, trustee or similar officer shall be appointed by a court of competent jurisdiction to take charge of all or a substantial any part of Tenant's property and such appointment shall not be vacated within sixty (60) rent and additional rent days; or (fi) any proceeding shall be instituted by or against Tenant pursuant to any of the provisions of any Act of Congress or State law relating to bankruptcy, reorganizationreorganizations, arrangements, compositions or other relief from creditors, and, in the case of any such proceeding instituted against it, if Tenant shall fail to have such proceeding dismissed within thirty (30) days or if Tenant is adjudged adjusted bankrupt or insolvent as a result of any such proceeding; , or (gj) any event shall occur or any contingency shall arise whereby this Lease, or the term and estate thereby created, would (by operation of law or otherwise) devolve upon or pass to any person, firm or corporation other than Tenant, except as expressly permitted under the Article of this Lease entitled "ASSIGNMENT, MORTGAGING, SUBLETTING, ETC." or (h) Tenant shall vacate all or substantially all of the Premises and fail to maintain the Property as required under the Lease; 16 hereof -- then, and in any such event (except as hereinafter in Article 21.2 otherwise provided) Landlord may, in a manner consistent with applicable law, immediately or at any time thereafter declare this Lease terminated by notice to Tenant orTenant, without further demand or notice, enter into elect to terminate this Lease; and upon the Premises (or any part thereof in the name of the whole), and in either such case thereupon (and without prejudice to any remedies which might otherwise be available for arrears of Rent rent or other charges due hereunder or preceding breach of covenant or agreement and without prejudice to Tenant's liability for damages as hereinafter stated), upon the giving of such notice, this Lease shall terminateterminate as of the date specified therein as though that were the Termination Date as stated in Exhibit I. Without being taken or deemed to be guilty of any manner of trespass or conversion, and without being liable to indictment, prosecution or damages therefore, Landlord may, forcibly if necessary, enter into and upon the premises (or any part thereof in the name of the whole); repossess the same as of its former estate; and expel Tenant and those claiming under Tenant. The words "re-entry" and "re-enter" as used in this Lease are not restricted No default shall be deemed to their technical legal meaning. As used in items (b), have occurred under subparagraphs (c), (ed), (h) or (i) so long as the obligations of Tenant under this Lease are being timely and (d) of this Section, duly paid or performed by or for the term "Tenant" shall also be deemed to refer to any guarantor account of Tenant's obligations hereunder.

CONDITIONS OF LIMITATION. RE-ENTRY - TERMINATION. This If an Event of Default occurs, Landlord may serve a written three (3) day notice of termination of this Lease upon Tenant, and, upon the expiration of said three (3) day period, this Lease and the Term and all rights of Tenant under this Lease shall end, expire and terminate as fully and completely as if the expiration of said three (3) day period were the date set forth herein term as the Expiration Date and estate are upon Tenant immediately shall quit and surrender the condition Premises, but Tenant shall remain liable as hereinafter provided. If the notice provided for in this Section 17.2 shall have been given and the Term shall expire as aforesaid, then Landlord may, without notice, re-enter the Premises by any lawful means and dispossess Tenant and recover possession of the Premises by summary proceedings or otherwise and in such manner as set forth in Article 18 and the legal representative of Tenant or other occupant of the Premises and remove their effects and hold the Premises as if this Lease had not been made, and Tenant hereby waives the service of notice of intention to re-enter or to institute legal proceedings to that if end. Anything contained herein to the contrary notwithstanding, (a) Tenant if such termination shall neglect be stayed by order of any court having jurisdiction over any proceeding described in Section 17.1(c), or fail to perform by federal or observe state statute, then, following the expiration of any of the Tenant's covenants hereinsuch stay, including (without limitation) the covenants with regard to the payment when due of Rent; or (b) if the trustee appointed in any such proceeding, Tenant or Tenant as debtor-in-possession shall fail to assume Tenant’s obligations under this Lease within the period prescribed therefor by law or within one hundred and twenty (120) days after entry of the order for relief or as may be involved in financial difficulties as evidenced by an admission in writing by Tenant of Tenant's inability to pay its debts generally as they become due, or allowed by the making or offering to make a composition of its debts with its creditors; court, or (c) if said trustee, Tenant shall make an assignment or trust mortgage, or other conveyance or transfer of like nature, of all or a substantial part of its property for the benefit of its creditors, or (d) the leasehold hereby created shall be taken on execution or by other process of law and shall not be revested in Tenant within sixty (60) days thereafter; or (e) a receiver, sequester, trustee or similar officer shall be appointed by a court of competent jurisdiction to take charge of all or a substantial part of Tenant's property and such appointment shall not be vacated within sixty (60) days; or (f) any proceeding shall be instituted by or against Tenant pursuant to any of the provisions of any Act of Congress or State law relating to bankruptcy, reorganization, arrangements, compositions or other relief from creditors, and, in the case of any such proceeding instituted against it, if Tenant as debtor-in-possession shall fail to have such proceeding dismissed within thirty (30) days provide adequate protection of Landlord’s right, title and interest in and to the Premises or if Tenant is adjudged bankrupt or insolvent as a result adequate assurance of any such proceeding; or (g) any event shall occur or any contingency shall arise whereby the complete and continuous future performance of Tenant’s obligations under this Lease, or Landlord, to the term and estate thereby created, would (extent permitted by operation of law or otherwiseby leave of the court having jurisdiction over such proceeding, may serve a written three (3) devolve upon or pass to any person, firm or corporation other than Tenant, except as expressly permitted under day notice of the Article termination of this Lease entitled "ASSIGNMENTupon Tenant, MORTGAGING, SUBLETTING, ETC." Tenant as debtor-in-possession or (h) Tenant shall vacate all or substantially all of the Premises and fail to maintain the Property as required under the Lease; then, and in any such event Landlord may, in a manner consistent with applicable law, immediately or at any time thereafter declare this Lease terminated by notice to Tenant or, without further demand or notice, enter into said trustee and upon the Premises expiration of said three (or any part thereof in the name of the whole), and in either such case (and without prejudice to any remedies which might otherwise be available for arrears of Rent or other charges due hereunder or preceding breach of covenant and without prejudice to Tenant's liability for damages as hereinafter stated), 3) day period this Lease shall terminate. The words "recease and expire as set forth above and Tenant, Tenant as debtor-entry" in-possession or said trustee shall immediately quit and "re-enter" surrender the Premises as used in this Lease are not restricted to their technical legal meaning. As used in items (b), (c), (e) and (d) of this Section, the term "Tenant" shall also be deemed to refer to any guarantor of Tenant's obligations hereunderaforesaid.