Common use of Continue Lease Clause in Contracts

Continue Lease. Landlord may, at its option, continue this Lease in full force and effect, without terminating Tenant's right to possession of the Premises, in which event Landlord shall have the right to collect Base Rent and other charges when due, including any sums due for any Option Period for which a Renewal Option has been exercised. In the alternative, Landlord shall have the right to peaceably re-enter the Premises on the terms set forth in subparagraph (b) below, without such re-entry being deemed a termination of the Lease or an acceptance by Landlord of a surrender thereof. Landlord shall also have the right, at its option, from time to time, without terminating this Lease, to relet the Premises, or any part thereof, with or without legal process, as the agent, and for the account, of Tenant upon commercially reasonable terms and conditions, in which event the rents received on such reletting shall be applied (i) first to the reasonable and actual expenses of such reletting and collection, including without limitation necessary renovation of the Premises, reasonable and actual attorneys' fees and any reasonable and actual real estate commissions paid, and (ii) thereafter toward payment of all sums due or to become due Landlord hereunder. If a sufficient amount to pay such expenses and sums shall not be realized or secured, in Landlord's exercise of reasonable efforts to mitigate its damages (which Landlord hereby agrees to make), then Tenant shall pay Landlord any such deficiency monthly, and Landlord may bring an action therefor as such monthly deficiency shall arise. Landlord shall not, in any event, be required to pay Tenant any sums received by Landlord on a reletting of the Premises in excess of the rent provided in this Lease, but such excess shall reduce any accrued present or future obligations of Tenant hereunder. Landlord's re-entry and reletting of the Premises without termination of this Lease shall not preclude Landlord from subsequently terminating this Lease as set forth below. It is the intent of this paragraph that Landlord have the remedy provided in California Civil Code Section 1951.4 (Landlord may continue lease in effect after Tenant's breach and abandonment and recover rent as it becomes due, if Tenant has the right to sublet or assign subject only to reasonable limitations).

Continue Lease. Landlord may, at its option, continue this Lease -------------- in full force and effect, without terminating Tenant's right to possession of the Premises, in which event Landlord shall have the right to collect Base Rent and other charges when due, including any sums due for any Option Period for which a Renewal Option has been exercised. In the alternative, Landlord shall have the right to peaceably re-enter the Premises on the terms set forth in subparagraph (b) below, without such re-entry being deemed a termination of the Lease or an acceptance by Landlord of a surrender thereof. Landlord shall also have the right, at its option, from time to time, without terminating this Lease, to relet the Premises, or any part thereof, with or without legal process, as the agent, and for the account, of Tenant upon commercially reasonable such terms and conditionsconditions as Landlord may deem advisable, in which event the rents received on such reletting shall be applied (i) first to the reasonable and actual expenses of such reletting and collection, including without limitation necessary renovation and alterations of the Premises, reasonable and actual attorneys' fees and any reasonable and actual real estate commissions paid, and (ii) thereafter toward payment of all sums due or to become due Landlord hereunder. If a sufficient amount to pay such expenses and sums shall not be realized or secured, in Landlord's exercise of reasonable efforts to mitigate its damages (which Landlord hereby agrees to make), then Tenant shall pay Landlord any such deficiency monthly, and Landlord may bring an action therefor as such monthly deficiency shall arisearise or may consolidate all such deficiency claims in one or more actions. The parties agree that nothing contained herein shall be construed to require Landlord to re-enter and relet in any event, provided that Landlord agrees to act reasonably in mitigating its damages. Landlord shall not, in any event, be required to pay Tenant any sums received by Landlord on a reletting of the Premises in excess of the rent provided in this Lease, but such excess shall reduce any accrued present or future obligations of Tenant hereunder. Landlord's re-entry and reletting of the Premises without termination of this Lease shall not preclude Landlord from subsequently terminating this Lease as set forth below. It is the intent of this paragraph that Landlord have the remedy provided in California Civil Code Section 1951.4 (Landlord may continue lease in effect after Tenant's breach and abandonment and recover rent as it becomes due, if Tenant has the right to sublet or assign subject only to reasonable limitations).

Continue Lease. Landlord may, at its option, continue (a) Have this Lease continue in full force effect for so long as Lessor does not terminate this Lease and effect, without terminating Tenant's Lessee’s right to possession of the Premisespremises, in which event Landlord and Lessor shall have the right to collect Base Rent enforce all of Lessor’s rights and other charges when remedies under this Lease as they become due, including any sums due for any Option Period for which a Renewal Option has been exercised. In the alternative, Landlord shall have the right to peaceably re-enter the Premises on the terms set forth in subparagraph ; or (b) below, without such re-entry being deemed a termination of the Lease or an acceptance by Landlord of a surrender thereof. Landlord shall also have the right, at its option, from time to time, without Without terminating this Lease, make alterations and repairs as may be necessary in order to relet the Premises, premises; and relet the premises or any part thereof, with or without legal process, as thereof for a term (which may be for a term extending beyond the agent, term) and for the account, of Tenant at a rent and upon commercially reasonable other terms and conditions, conditions as Lessor in which event the rents Lessor’s sole discretion may deem advisable; provided that on each reletting all rent and other sums received on such by Lessor from reletting shall be applied (i) first applied, first, to the reasonable payment of any indebtedness other than rent due under this Lease from Lessee to Lessor; second, to the payment of any costs and actual expenses of such reletting and collectionthe reletting, including without limitation necessary renovation of the Premises, reasonable and actual attorneys' brokerage fees and any reasonable attorney fees and actual real estate commissions paidcosts of alterations and repairs; third, and (ii) thereafter toward to the payment of all sums rent due or to become due Landlord hereunder. If a sufficient amount to pay such expenses and sums shall not be realized or secured, in Landlord's exercise of reasonable efforts to mitigate its damages (which Landlord hereby agrees to make), then Tenant shall pay Landlord any such deficiency monthly, and Landlord may bring an action therefor as such monthly deficiency shall arise. Landlord shall not, in any event, be required to pay Tenant any sums received by Landlord on a reletting of the Premises in excess of the rent provided in unpaid under this Lease; and the residue, but such excess if any, shall reduce any accrued present or be held by Lessor and applied in payment of future obligations of Tenant hereunder. Landlord's re-entry and reletting of the Premises without termination of this Lease shall not preclude Landlord from subsequently terminating rent payable by Lessee under this Lease as set forth belowthe same may become due and payable under this Lease. It is If the intent of this paragraph rent and other sums received from reletting during any month are less than the rent to be paid during that Landlord month by Lessee, Lessee shall pay the deficiency to Lessor; if rent and other sums shall be more, Lessee shall have the remedy provided in California Civil Code Section 1951.4 (Landlord may continue lease in effect after Tenant's breach and abandonment and recover rent as it becomes due, if Tenant has the no right to sublet the excess. Any deficiency shall be calculated and paid monthly. No reentry or assign subject only taking possession of the premises by Lessor shall be construed as an election on Lessor’s part to reasonable limitations)terminate this Lease unless a written notice of that intention is given to Lessee or unless the termination is decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination, Lessor may at any time afterwards elect to terminate this Lease for the previous breach.

Continue Lease. The Landlord may, at its option, continue this Lease in full force and effect, without terminating the Tenant's right to possession of the Demised Premises, in which event the Landlord shall have the right to collect Base Rent rent and other charges when due, including any sums due for any Option Period for which a Renewal Option has been exercised. In the alternative, the Landlord shall have the right to peaceably re-enter the Demised Premises on the terms set forth in subparagraph (bb)(2) below, without such re-entry entry's being deemed a termination of the Lease or an acceptance by the Landlord of a surrender thereof. The Landlord shall also have the right, at its option, from time to time, without terminating this Lease, to relet the Demised Premises, or any part thereof, with or without legal process, as the agent, and for the account, of the Tenant upon commercially reasonable such terms and conditionsconditions as the Landlord may deem advisable, in which event the rents received on such reletting shall be applied (i) first to the reasonable and actual expenses of such reletting and collection, including without limitation necessary renovation and alterations of the Demised Premises, reasonably determined by the Landlord to be desirable, reasonable and actual attorneys' fees fees, and any reasonable and actual real estate leasing commissions paidpaid (including leasing commissions payable to a partner, officer or shareholder of the Landlord), and (ii) thereafter toward payment of all sums due or to become due the Landlord hereunder. If a sufficient amount sum to pay such expenses and sums shall not be realized or secured, secured in the Landlord's exercise of its reasonable efforts to mitigate its damages (which Landlord hereby agrees to make)damages, then the Tenant shall pay the Landlord any such deficiency monthly, and the Landlord may may, at the sole cost and expense of the Tenant, including attorney's fees, bring an action therefor as such monthly deficiency shall arise. Nothing herein, however, shall be construed to require the Landlord to re-enter and relet in any event, except as provided by applicable law. The Landlord shall not, in any event, be required to pay the Tenant any sums received by the Landlord on a reletting of the Demised Premises in excess of the rent provided in this Lease, but such excess shall reduce any accrued present or future obligations of Tenant hereunder. The Landlord's re-entry and reletting of the Demised Premises without termination of this Lease shall not preclude the Landlord from subsequently terminating this Lease as set forth below. It is the intent of this paragraph that Landlord have the remedy provided in California Civil Code Section 1951.4 (Landlord may continue lease in effect after Tenant's breach and abandonment and recover rent as it becomes due, if Tenant has the right to sublet or assign subject only to reasonable limitations).

Continue Lease. Landlord may, at its option, continue a) Have this Lease continue in full force effect for so long as Lessor does not terminate this Lease and effect, without terminating Tenant's Lessee’s right to possession of the Premisespremises, in which event Landlord and Lessor shall have the right to collect Base Rent enforce all of Lessor’s rights and other charges when remedies under this Lease as they become due, including any sums due for any Option Period for which a Renewal Option has been exercised. In the alternative, Landlord shall have the right to peaceably re-enter the Premises on the terms set forth in subparagraph (; or b) below, without such re-entry being deemed a termination of the Lease or an acceptance by Landlord of a surrender thereof. Landlord shall also have the right, at its option, from time to time, without Without terminating this Lease, make alterations and repairs as may be necessary in order to relet the Premises, premises; and relet the premises or any part thereof, with or without legal process, as thereof for a term (which may be for a term extending beyond the agent, term) and for the account, of Tenant at a rent and upon commercially reasonable other terms and conditions, conditions as Lessor in which event the rents Lessor’s sole discretion may deem advisable; provided that on each reletting all rent and other sums received on such by Lessor from reletting shall be applied (i) first applied, first, to the reasonable payment of any indebtedness other than rent due under this Lease from Lessee to Lessor; second, to the payment of any costs and actual expenses of such reletting and collectionthe reletting, including without limitation necessary renovation of the Premises, reasonable and actual attorneys' brokerage fees and any reasonable attorney fees and actual real estate commissions paidcosts of alterations and repairs; third, and (ii) thereafter toward to the payment of all sums rent due or to become due Landlord hereunder. If a sufficient amount to pay such expenses and sums shall not be realized or secured, in Landlord's exercise of reasonable efforts to mitigate its damages (which Landlord hereby agrees to make), then Tenant shall pay Landlord any such deficiency monthly, and Landlord may bring an action therefor as such monthly deficiency shall arise. Landlord shall not, in any event, be required to pay Tenant any sums received by Landlord on a reletting of the Premises in excess of the rent provided in unpaid under this Lease; and the residue, but such excess if any, shall reduce any accrued present or be held by Lessor and applied in payment of future obligations of Tenant hereunder. Landlord's re-entry and reletting of the Premises without termination of this Lease shall not preclude Landlord from subsequently terminating rent payable by Lessee under this Lease as set forth belowthe same may become due and payable under this Lease. It is If the intent of this paragraph rent and other sums received from reletting during any month are less than the rent to be paid during that Landlord month by Lessee, Lessee shall pay the deficiency to Lessor; if rent and other sums shall be more, Lessee shall have the remedy provided in California Civil Code Section 1951.4 (Landlord may continue lease in effect after Tenant's breach and abandonment and recover rent as it becomes due, if Tenant has the no right to sublet the excess. Any deficiency shall be calculated and paid monthly. No reentry or assign subject only taking possession of the premises by Lessor shall be construed as an election on Lessor’s part to reasonable limitations)terminate this Lease unless a written notice of that intention is given to Lessee or unless the termination is decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination, Lessor may at any time afterwards elect to terminate this Lease for the previous breach.

Continue Lease. Landlord may, at its option, may continue this Lease in full force and effect. In such case, the Lease will continue in effect so long as Landlord does not terminate Tenant's right to possession, and Landlord shall have the right to collect Rent when due. During the period Tenant is in Default, Landlord can enter the Leased Premises and relet them, or any part of them, to third parties for Tenant's account. Tenant shall be liable immediately to Landlord for all reasonable costs Landlord incurs in reletting the Leased Premises including, without terminating limitation, broker's commissions, expenses of remodeling the Leased Premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term of this Lease. Tenant shall pay to Landlord the Rent due under this Lease on the date the Rent is due, less the Rent Landlord receives from any reletting. No act by Landlord allowed by this Paragraph shall terminate this Lease unless Landlord notifies Tenant that Landlord elects to terminate this Lease. After Tenant's Default and for as long as Landlord does not terminate Tenant's right to possession of the Leased Premises, in which event Landlord if Tenant obtains Landlord's consent Tenant shall have the right to collect Base Rent and other charges when due, including any sums due for any Option Period for which a Renewal Option has been exercised. In the alternative, Landlord shall have the right to peaceably re-enter the Premises on the terms set forth in subparagraph (b) below, without such re-entry being deemed a termination of the Lease assign or an acceptance by Landlord of a surrender thereof. Landlord shall also have the right, at sublet its option, from time to time, without terminating this Lease, to relet the Premises, or any part thereof, with or without legal process, as the agent, and for the account, of Tenant upon commercially reasonable terms and conditions, in which event the rents received on such reletting shall be applied (i) first to the reasonable and actual expenses of such reletting and collection, including without limitation necessary renovation of the Premises, reasonable and actual attorneys' fees and any reasonable and actual real estate commissions paid, and (ii) thereafter toward payment of all sums due or to become due Landlord hereunder. If a sufficient amount to pay such expenses and sums shall not be realized or secured, in Landlord's exercise of reasonable efforts to mitigate its damages (which Landlord hereby agrees to make), then Tenant shall pay Landlord any such deficiency monthly, and Landlord may bring an action therefor as such monthly deficiency shall arise. Landlord shall not, in any event, be required to pay Tenant any sums received by Landlord on a reletting of the Premises in excess of the rent provided interest in this Lease, but such excess shall reduce any accrued present or future obligations of Tenant hereunder. Landlord's re-entry and reletting of the Premises without termination of this Lease shall not preclude Landlord be released from subsequently terminating this Lease as set forth below. It is the intent of this paragraph that Landlord have the remedy provided in California Civil Code Section 1951.4 (Landlord may continue lease in effect after Tenant's breach and abandonment and recover rent as it becomes due, if Tenant has the right to sublet or assign subject only to reasonable limitations)liability.

Continue Lease. Landlord may, at its its. option, continue this Lease in full force and effect, without terminating Tenant's ’s right to possession of the Premises, in which event Landlord shall have the right to collect Base Rent and other charges when due, including any sums due for any Option Period for which a Renewal Option has been exercised. In the alternative, Landlord shall have the right to peaceably re-enter the Premises on the terms set forth in subparagraph (b) belowPremises, without such re-entry being deemed a termination of the Lease or an acceptance by Landlord of a surrender thereof. Landlord shall also have the right, at its option, from froth time to time, without terminating this Lease, to relet the Premises, or any part thereof, with or without legal process, as the agent, and for the account, of Tenant upon commercially reasonable such terms and conditionsconditions as Landlord may deem advisable, in which event the rents received on such reletting shall be applied (i) first to the reasonable and actual expenses of such reletting and collection, including without limitation necessary renovation and alterations of the Premises, reasonable and actual attorneys' ’ fees and any reasonable and actual real estate commissions paid, and (ii) thereafter toward payment of all sums due or to become due to Landlord hereunder. If a sufficient amount to pay such expenses and sums shall not be realized or securedrealized, in Landlord's ’s exercise of commercially reasonable efforts to mitigate its damages (which Landlord hereby agrees to make), then Tenant shall pay Landlord any such deficiency monthly, and Landlord may bring an action or actions therefor as such monthly deficiency shall arisearise and acme. Landlord shall not, in any event, be required to pay Tenant any sums received by Landlord on a reletting of the Premises in excess of the rent provided in this Lease, but such excess shall reduce any accrued present or future obligations of Tenant hereunder. Landlord's ’s re-entry and reletting of the Premises without termination of this Lease shall not preclude Landlord from subsequently terminating this Lease as set forth below. It is the intent of this paragraph that Landlord have the remedy provided in California Civil Code Section 1951.4 (Landlord may continue lease in effect after Tenant's breach and abandonment and recover rent as it becomes due, if Tenant has the right to sublet or assign subject only to reasonable limitations).

Continue Lease. Landlord may, at its option, continue this Lease in full force and effect, without terminating Tenant's ’s right to possession of the Premises, in which event Landlord shall have the right to collect Base Rent and other charges when due, including any sums due for any Option Period for which a Renewal Option has been exercised. In the alternative, Landlord shall have the right to peaceably re-enter the Premises on the terms set forth in subparagraph (b) belowPremises, without such re-entry being deemed a termination of the Lease or an acceptance by Landlord of a surrender thereof. Landlord shall also have the right, at its option, from time to time, without terminating this Lease, to relet the Premises, or any part thereof, with or without legal process, as the agent, and for the account, of Tenant upon commercially reasonable such terms and conditionsconditions as Landlord may deem advisable, in which event the rents received on such reletting shall be applied (i) first to the reasonable and actual expenses of such reletting and collection, including without limitation necessary renovation and alterations of the Premises, reasonable and actual attorneys' ’ fees and any reasonable and actual real estate commissions paid, and (ii) thereafter toward payment of all sums due or to become due to Landlord hereunder. If a sufficient amount to pay such expenses and sums shall not be realized or securedrealized, in Landlord's ’s exercise of commercially reasonable efforts to mitigate its damages (which Landlord hereby agrees to make), then Tenant shall pay Landlord any such deficiency monthly, and Landlord may bring an action or actions therefor as such monthly deficiency shall arisearise and accrue. Landlord shall not, in any event, be required to pay Tenant any sums received by Landlord on a reletting of the Premises in excess of the rent provided in this Lease, but such excess shall reduce any accrued present or future obligations of Tenant hereunder. Landlord's ’s re-entry and reletting of the Premises without termination of this Lease shall not preclude Landlord from subsequently terminating this Lease as set forth below. It is the intent of this paragraph that Landlord have the remedy provided in California Civil Code Section 1951.4 (Landlord may continue lease in effect after Tenant's breach and abandonment and recover rent as it becomes due, if Tenant has the right to sublet or assign subject only to reasonable limitations).