DEFAULT AND BANKRUPTCY. In the event that (a) the LESSEE shall default in the payment of any installment of rent or other sum herein specified and such default shall continue for ten (10) days after written notice of payment default, or if such written notice of payment default is required in three events or more in any calendar year, thereafter ten days after the payment due date without written notice being required for the balance of such year; or (b) the LESSEE shall default in the observance or performance of any other of the LESSEE'S material covenants, agreement, or obligations hereunder and such default shall not be corrected within thirty (30) days after written notice thereof from LESSOR, of if such default is not susceptible to cure within thirty days, in the event the LESSEE shall fail to commence to cure within the thirty days or thereafter diligently to prosecute such cure to completion; or (c) the LESSEE shall be declared bankrupt or insolvent according to law, or, if any assignment shall be made of LESSEE'S property for the benefit of creditors, then the LESSOR shall have the right thereafter, while such default continues, to re-enter and take complete possession of the Leased Premises, to declare the term of this lease ended, and remove the LESSEE'S effects, without prejudice to any remedies which might be otherwise used for arrears of rent or other default. The LESSEE shall indemnify the LESSOR against all loss of rent and other payments which the LESSOR may incur by reason of such termination during the residue of the term. LESSOR shall make reasonable efforts to relet the Leased Premises, and net rents received by the LESSOR shall be credited to the LESSEE'S obligations hereunder. If the LESSEE shall default, after reasonable notice thereof, in the observance or performance of any conditions or covenants on LESSEE'S part to be observed or performed under or by virtue of any of the provisions in any article of this lease and shall fail to cure such default within the applicable cure period, then the LESSOR, without being under any obligation to do so and without thereby waiving such default, may remedy such default for the account and at the expense of the LESSEE. If the LESSOR makes any expenditures or incurs any obligations for the payment of money in connection therewith, including but not limited to, reasonable attorney's fees in instituting, prosecuting or defending any action or proceeding, such sums paid or obligations insured, with interest at the rate of 12 per cent per annum and costs, shall be paid to the LESSOR by the LESSEE as additional rent.
Appears in 2 contracts
Samples: Synta Pharmaceuticals Corp, Synta Pharmaceuticals Corp
DEFAULT AND BANKRUPTCY. In the event that that: (a) the The LESSEE shall default in the payment of any installment of rent or other sum su herein specified and such default shall continue for ten (10) days after written notice of payment default, or if such written notice of payment default is required in three events or more in any calendar year, thereafter ten days after the payment due date without written notice being required for the balance of such yearthereof; or (b) the The LESSEE shall default in the observance or performance of any other of the LESSEE'S material ’s covenants, agreementagreements, or obligations hereunder and such default shall not be corrected within thirty (30) days or within a period of time in excess to remedy any default that could not be reasonably corrected within such a period so long as the LESSEE continuously and diligently attempts to remedy the default except for a financial default after written notice thereof from LESSOR, of if such default is not susceptible to cure within thirty days, in the event the LESSEE shall fail to commence to cure within the thirty days or thereafter diligently to prosecute such cure to completionthereof; or (c) the The LESSEE shall be declared bankrupt or insolvent according to law, or, if any assignment shall be made of LESSEE'S ’s property for the benefit of creditors, then the LESSOR shall have the right thereafter, while such default continues, to re-enter reenter and take complete possession of the Leased Premisesleased premises, to declare the term of this lease ended, and remove the LESSEE'S ’s effects, without prejudice to any remedies which might be otherwise used for arrears of rent or other default. The LESSEE shall indemnify the LESSOR against all loss of rent and other payments which the LESSOR may incur by reason of such termination during the residue of the term. LESSOR shall make reasonable efforts to relet the Leased Premises, and net rents received by the LESSOR shall be credited to the LESSEE'S obligations hereunder. If the LESSEE shall default, after reasonable notice thereof, in the observance or performance of any conditions or covenants on LESSEE'S ’s part to be observed or performed under or by virtue of any of the provisions in any article of this lease and shall fail to cure such default within the applicable cure periodlease, then the LESSOR, without being under any obligation to do so and without thereby waiving such default, after five business days’ written notice to LESSEE, may remedy such default for the account and at the expense of the LESSEE. If the LESSOR makes any expenditures or incurs any obligations for the payment of money in connection therewith, including but not limited to, reasonable attorney's ’s fees in instituting, prosecuting or defending any action or proceeding, such sums paid or obligations insured, with interest at the rate of 12 BankBoston Prime +4% per cent per annum and costs, shall be paid to the LESSOR by the LESSEE as additional rent.
Appears in 2 contracts
Samples: Choicetel Communications Inc /Mn/, Choicetel Communications Inc /Mn/
DEFAULT AND BANKRUPTCY. In the event that that: (a) the The LESSEE shall default in the payment of any installment of rent or other sum herein specified and such default shall continue for ten (10) days after written notice of payment default, or if such written notice of payment default is required in three events or more in any calendar year, thereafter ten days after the payment due date without written notice being required for the balance of such yearthereof; or (b) the The LESSEE shall default in the observance or performance of any other of the LESSEE'S material ’s covenants, agreementagreements, or obligations hereunder and such default shall not be corrected within thirty (30) days after written notice thereof from LESSOR, of if such default is not susceptible to cure within thirty days, in the event the LESSEE shall fail to commence to cure within the thirty days or thereafter diligently to prosecute such cure to completionthereof; or (c) the The LESSEE shall be declared bankrupt or insolvent according to law, or, if any assignment shall be made of LESSEE'S ’s property for the benefit of creditors, then Then the LESSOR shall have the right thereafter, while such default continues, to re-enter and take complete possession of the Leased Premisesleased premises, to declare the term of this lease ended, and remove the LESSEE'S ’s effects, without prejudice to any remedies which might be otherwise used for arrears of rent or other default. The LESSEE shall indemnify the LESSOR against all loss of rent and other payments which the LESSOR may incur by reason of such termination during the residue of the term. LESSOR shall make reasonable efforts to relet the Leased Premises, and net rents received by the LESSOR shall be credited to the LESSEE'S obligations hereunder. If the LESSEE shall default, after reasonable notice thereof, in the observance or performance performace of any conditions or covenants on LESSEE'S ’s part to be observed or performed under or by virtue of any of the provisions in any article of this lease and shall fail to cure such default within the applicable cure periodlease, then the LESSOR, without being under any obligation to do so and without thereby waiving such default, may may, after reasonable notice to LESSEE, remedy such default for the account and at the expense of the LESSEE. If the LESSOR makes any expenditures or incurs any obligations for the payment of money in connection therewith, including but not limited to, reasonable attorney's ’s fees in instituting, prosecuting or defending any action or proceeding, such sums paid or obligations insured, with interest at the rate of 12 per cent twelve (12%) percent per annum and costs, shall be paid to the LESSOR by the LESSEE as additional rent.
Appears in 2 contracts
Samples: LiveWire Mobile, Inc., LiveWire Mobile, Inc.
DEFAULT AND BANKRUPTCY. In the event that (a) the LESSEE that: The Tenant shall default in the payment of any installment of rent or other sum herein specified and such when due which default shall continue for ten is not corrected within seven (107) days after written notice of payment default, or if such written notice of payment default is required in three events or more in any calendar year, thereafter ten days after the payment due date without written notice being required for the balance of such yearthereof; or (b) the LESSEE The Tenant shall default in the observance or performance of any other of the LESSEE'S material Tenant's covenants, agreementagreements, or obligations hereunder and such default shall not be corrected within thirty ten (3010) days after written notice thereof from LESSOR, of if such default is not susceptible to cure within thirty days, in the event the LESSEE shall fail to commence to cure within the thirty days or thereafter diligently to prosecute such cure to completionthereof; or (c) the LESSEE The leasehold hereby created shall be declared bankrupt taken on execution, or insolvent according to by other process of law, or, if any ; or Any assignment shall be made of LESSEE'S Tenant's property for the benefit of creditors, or a receiver, guardian, conservator, trustee in bankruptcy or similar officer shall be appointed by a court of competent jurisdiction to take charge of all or any part of Tenant’s property, or petition is filed by Tenant under any bankruptcy, insolvency or other debtor relief law, then and in any of said cases (notwithstanding any license of any former breach of covenant or waiver of the LESSOR benefit hereof or consent in a former instance), Landlord shall have be entitled to all remedies available to Landlord at law and equity, including without limitation, the right remedy of forcible entry and detainer, and Landlord lawfully may, immediately or at any time thereafter, while such default continuesand without demand or notice, mail a notice of termination to re-the Tenant, or, if permitted by law, enter into and take complete possession upon the Leased Premises or any part thereof in the name of the Leased Premises, to declare whole and repossess the term same as of this lease endedits former estate, and expel Tenant and those claiming through or under it and remove the LESSEE'S effectsit or their effects without being deemed guilty of any manner or trespass, and without prejudice to any remedies which might otherwise be otherwise used for arrears of rent or other default. The LESSEE preceding breach of covenant, and upon such mailing or entry as aforesaid, this Lease shall indemnify terminate; and Tenant covenants and agrees, notwithstanding any entry or reentry by Landlord, whether by summary proceedings, termination, or otherwise, that Tenant shall, as of the LESSOR against all loss of rent and other payments which the LESSOR may incur by reason date of such termination during termination, immediately be liable for and pay to Landlord the residue entire unpaid rental and all other balances due under this Lease for the remainder of the term. LESSOR shall make reasonable efforts In addition, Xxxxxx agrees to relet pay to Landlord, as damages for any above described breach, all costs of reletting the Leased Premises, Premises including real estate commissions and net rents received by costs of renovating the LESSOR shall be credited Premises to the LESSEE'S obligations hereunder. If the LESSEE shall default, after reasonable notice thereof, in the observance or performance of suit any conditions or covenants on LESSEE'S part to be observed or performed under or by virtue of any of the provisions in any article of this lease and shall fail to cure such default within the applicable cure period, then the LESSOR, without being under any obligation to do so and without thereby waiving such default, may remedy such default for the account and at the expense of the LESSEE. If the LESSOR makes any expenditures or incurs any obligations for the payment of money in connection therewith, including but not limited to, reasonable attorney's fees in instituting, prosecuting or defending any action or proceeding, such sums paid or obligations insured, with interest at the rate of 12 per cent per annum and costs, shall be paid to the LESSOR by the LESSEE as additional rentnew tenant.
Appears in 1 contract
Samples: Commercial Lease
DEFAULT AND BANKRUPTCY. In the event that (a) the LESSEE TENANT shall default in the payment of or any installment of rent or other sum herein specified and such default shall continue for ten (10) days after written notice of payment default, or if such written notice of payment default is required in three events or more in any calendar year, thereafter ten days after beyond the payment applicable due date without written notice being required for the balance of such year; or (b) the LESSEE hereunder and TENANT shall default in the observance or performance of any other of the LESSEE'S material covenants, agreement, TENANT's covenants or agreements or obligations hereunder and hereunder. In such default shall not be corrected within when thirty (30) days after written notice thereof from LESSOR, of if such default is not susceptible to cure within thirty days, in the event the LESSEE shall fail to commence to cure within the thirty days or thereafter diligently to prosecute such cure to completionthereof; or (c) the LESSEE TENANT shall be declared bankrupt or insolvent according accordingly to law, or, if in any assignment shall be made of LESSEE'S TENANT's property for the benefit of creditors, then the LESSOR LANDLORD shall have the right thereafter, while such default continues, continues to re-enter reenter and take complete possession of the Leased Premiseshired premises, to declare the term of this lease she tenancy at will ended, and remove the LESSEE'S effects, TENANT's effects without prejudice to any other remedies which might be otherwise used available for arrears of rent or other sums due hereunder, or for any other default. The LESSEE TENANT shall indemnify the LESSOR LANDLORD against all loss of rent and other payments which the LESSOR LANDLORD may incur by reason of such termination during the residue of the term. LESSOR shall make reasonable efforts to relet the Leased Premises, and net rents received by the LESSOR shall be credited to the LESSEE'S obligations hereundertermination. If the LESSEE TENANT shall default, after reasonable notice thereof, default in the observance or performance of any conditions condition or covenants covenant on LESSEE'S TENANT's part to be observed or performed under or by virtue of any of the provisions in any article provision of this lease and shall fail to cure such default within the applicable cure periodtenancy at will, then the LESSORLANDLORD may, but without being under any obligation to do so and without thereby waiving such defaultresult, may remedy such default for the account and at the expense of TENANT, the LESSEE. If the LESSOR makes any expenditures or incurs any obligations for the payment cost and expense of money in connection therewithwhich, including but not limited to, to reasonable attorney's attorneys fees in instituting, prosecuting or defending any such action or proceeding, such sums paid or obligations insured, together with interest at the rate of 12 18% per cent per annum and costsannum, shall be paid by TENANT to the LESSOR by the LESSEE LANDLORD as additional rentrent hereunder. Regardless of the provisions hereof, TENANT acknowledges and agrees that LANDLORD may terminate this tenancy at will, at any time, consistent with paragraph 5 hereof.
Appears in 1 contract
DEFAULT AND BANKRUPTCY. In the event that that: (a) the The LESSEE shall default in the payment of any installment of rent or other sum herein specified and such default shall continue for ten fifteen (1015) days after written notice of payment defaultthereof, or if such written notice of payment default is required in three events or more in any calendar year, thereafter ten days after the payment due date without written notice being required for the balance of such year; or (b) the The LESSEE shall default in the observance or performance of any other of the LESSEE'S material covenants, agreementagreements, or obligations hereunder and such default shall not be corrected within thirty (30) days after written notice thereof from LESSORthereof, of if such default is not susceptible to cure within thirty days, in the event the LESSEE shall fail to commence to cure within the thirty days or thereafter diligently to prosecute such cure to completion; or (c) the The LESSEE shall be declared bankrupt or insolvent according to law, or, if any assignment shall be made of LESSEE'S property for the benefit of creditors, then the LESSOR shall have the right thereafter, while such default continues, to re-enter and take complete possession of the Leased Premisesleased premises, to declare the term of this lease ended, and remove the LESSEE'S effects, without prejudice to any remedies which might be e otherwise used for arrears of rent or other default. The LESSEE shall indemnify the LESSOR against all loss of rent and other payments which the LESSOR may incur by reason of such termination during the residue of the term. LESSOR shall make reasonable use his best efforts to relet the Leased Premises, and net rents received by the LESSOR shall be credited to the locate another LESSEE'S obligations hereunder. If the LESSEE shall default, default after reasonable notice thereof, in the observance or performance of any conditions or covenants on LESSEE'S part to be observed or performed under or by virtue of any of the provisions in any article of this lease and shall fail to cure such default within the applicable cure periodlease, then the LESSOR, without being under any obligation to do so and without thereby waiving such default, may remedy such default for the account and at the expense of the LESSEE. If the LESSOR makes any expenditures or incurs any obligations for the payment of money in connection therewith, including but not limited to, reasonable attorney's fees in instituting, prosecuting prosecuting, or defending any action or proceeding, such sums paid or obligations insured, with interest at the rate of 12 ten (10%) per cent per annum and costs, shall be paid to the LESSOR by the LESSEE as additional rent.
Appears in 1 contract
Samples: Activeworlds Com Inc
DEFAULT AND BANKRUPTCY. In the event that that: (a) the LESSEE TENANT shall default in the payment of any installment of rent or other sum herein specified and such when due which default shall continue for ten is not corrected within five (105) days after written notice of payment default, or if such written notice of payment default is required in three events or more in any calendar year, thereafter ten days after the payment due date without written notice being required for the balance of such yearthereof; or (b) the LESSEE TENANT shall default in the observance or performance of any other of the LESSEE'S material TENANT’S covenants, agreementagreements, or obligations hereunder and such default shall not be corrected within thirty ten (3010) days after written notice thereof from LESSOR, of if such default is not susceptible to cure within thirty days, in the event the LESSEE shall fail to commence to cure within the thirty days or thereafter diligently to prosecute such cure to completionthereof; or (c) the LESSEE The leasehold hereby created shall be declared bankrupt taken on execution, or insolvent according to by other process of law, or, if any ; or (d) Any assignment shall be made of LESSEE'S TENANT’S property for the benefit of creditors, or a receiver, guardian, conservator trustee in bankruptcy or similar officer shall be appointed by a court of competent jurisdiction to take charge of all or any part of TENANT’S property, or a petition is filed by TENANT under any bankruptcy, insolvency or other debtor relief law, then and in any of said cases (notwithstanding any license of any former breach of covenant or waiver of the LESSOR benefit hereof or consent in a former instance), LANDLORD shall have be entitled to all remedies available to LANDLORD at law and equity including without limitation, the right remedy of forcible entry and detainer, and LANDLORD lawfully may, immediately or at any time thereafter, while such default continuesand without demand or notice, mail a notice of termination to re-TENANT, or, if permitted by law, enter into and take complete possession upon the leased premises or any part thereof in the name of the Leased Premises, to declare whole and repossess the term same as of this lease endedits former estate, and expel TENANT and those claiming through or under it and remove the LESSEE'S effectsit or their effects without being deemed guilty of any manner of trespass, and without prejudice to any remedies which might otherwise be otherwise used for arrears of rent or other default. The LESSEE preceding breach of covenant, and upon such mailing or entry as aforesaid, this Lease shall indemnify terminate; and TENANT covenants and agrees, notwithstanding any entry or re-entry by LANDLORD, whether by summary proceedings, termination, or otherwise, that TENANT shall, as of the LESSOR against all loss of rent and other payments which the LESSOR may incur by reason date of such termination during termination, immediately be liable for and pay to LANDLORD the residue entire unpaid rental and all other balances due under this Lease for the remainder of the term. LESSOR shall make reasonable efforts In addition, XXXXXX agrees to relet pay to LANDLORD, as damages for any above described breach, all costs of reletting the Leased Premisesleased premises including real estate commissions and costs of renovating the premises to suit any new tenant, and net rents received TENANT agrees to reimburse LANDLORD for all attorneys’ and paralegals’ fees incurred by the LESSOR shall be credited to the LESSEE'S obligations hereunder. If the LESSEE shall LANDLORD in connection with a TENANT default, after reasonable notice thereof, in the observance or performance of any conditions or covenants on LESSEE'S part to be observed or performed under or by virtue of any of the provisions in any article of this lease and shall fail to cure including without limitation such default within the applicable cure period, then the LESSOR, without being under any obligation to do so and without thereby waiving such default, may remedy such default for the account and at the expense of the LESSEE. If the LESSOR makes any expenditures or incurs any obligations for the payment of money fees incurred in connection therewith, including but not limited to, reasonable attorney's fees in instituting, prosecuting or defending any action or with a bankruptcy proceeding, such sums paid or obligations insured, with interest at the rate of 12 per cent per annum and costs, shall be paid to the LESSOR by the LESSEE as additional rent.
Appears in 1 contract
Samples: Commercial Lease
DEFAULT AND BANKRUPTCY. In the event that (a) the LESSEE shall default in the payment of any installment of rent or other sum herein specified and such default shall continue for ten five (105) days after written notice of payment defaultby LESSOR, or if such written notice of payment default is required in three events or more in any calendar year, thereafter ten days after the payment due date without written notice being required for the balance of such year; or (b) the LESSEE shall default in the observance or performance of any other of the LESSEE'S 's material covenants, agreement, ; or obligations hereunder and such default shall not be corrected within thirty (30) days after written notice thereof from LESSOR, of if such default is not susceptible to cure within thirty days, in the event the LESSEE shall fail to commence to cure within the thirty days or thereafter diligently to prosecute such cure to completion; or (c) the LESSEE shall be declared bankrupt or insolvent according to law, or, if any assignment shall be made of LESSEE'S 's property for the benefit of creditors, then the LESSOR shall have the right thereafter, while such default continues, to re-re- enter and take complete possession of the Leased Premises, to declare the term of this lease ended, and remove the LESSEE'S 's effects, without prejudice to any remedies which might be otherwise used for arrears of rent or other default. The LESSEE shall indemnify the LESSOR against all loss of rent and other payments which the LESSOR may incur by reason of such termination during the residue of the term. LESSOR shall make reasonable efforts to relet the Leased Premises, and net rents received by the LESSOR shall be credited to the LESSEE'S 's obligations hereunder. If the LESSEE shall default, after reasonable notice thereof, in the observance or performance of any conditions or covenants on LESSEE'S 's part to be observed or performed under or by virtue of any of the provisions in any article of this lease and shall fail to cure such default within the applicable cure period, then the LESSOR, without being under any obligation to do so and without thereby waiving such default, may remedy such default for the account and at the expense of the LESSEE. If the LESSOR makes any expenditures or incurs any obligations for the payment of money in connection therewith, including but not limited to, reasonable attorney's fees in instituting, prosecuting or defending any action or proceeding, such sums paid or obligations insured, with interest at the rate of 12 per cent per annum and costs, shall be paid to the LESSOR by the LESSEE as additional rent.
Appears in 1 contract
Samples: Emed Technologies Corp
DEFAULT AND BANKRUPTCY. (a) In the event that (a) the LESSEE shall default in the payment of any installment failure of Tenant to pay any rent or other sum herein specified and such default shall continue for ten due hereunder, including additional rent, within fourteen (1014) days after written notice of payment default, such default has been given to Tenant or if such written notice of payment default is required in three events or more in any calendar year, thereafter ten days after the payment due date without written notice being required for the balance of such year; or (b) the LESSEE shall default in the observance or performance of failure to perform any other of the LESSEE'S material covenantsterms, agreement, conditions or obligations hereunder and such default shall not covenants of this lease to be corrected within thirty observed or performed by Tenant for more than.thirty (30) days after written notice thereof from LESSOR, of if such default is shall be given to Tenant or if Tenant shall have declared bankruptcy or insolvency or filed any debtor proceedings or if there shall have been taken against Tenant, and the Tenant shall have not susceptible applied to cure a court of competent jurisdiction within thirty days(30) days and shall not have had the same discontinued or terminated within ninety (90) days subsequent to said filing in any court pursuant to any statute either of the United States or of any State, in a petition of bankruptcy or insolvency or for reorganization or for the event the LESSEE shall fail to commence to cure within the thirty days appointment of a receiver of trustee of all or thereafter diligently to prosecute such cure to completion; any part of Tenant's property, or (c) the LESSEE shall be declared bankrupt or insolvent according to law, or, if any Tenant makes an assignment shall be made of LESSEE'S property for the benefit of creditorscreditors or petitions for or enters into an arrangement or if Tenant shall abandon the demised premises or suffer this lease to be taken under any writ of execution, then the LESSOR Landlord, in addition to any and all other rights or remedies it may have, shall have the immediate right thereafter, while such default continues, to of re-enter entry and take complete possession may remove all persons and property from the demised premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of the Leased Premises, to declare the term of this lease ended, and remove the LESSEE'S effects, without prejudice to any remedies which might be otherwise used for arrears of rent or other default. The LESSEE shall indemnify the LESSOR against all loss of rent and other payments which the LESSOR may incur by reason of such termination during the residue of the term. LESSOR shall make reasonable efforts to relet the Leased Premises, and net rents received by the LESSOR shall be credited to the LESSEE'S obligations hereunder. If the LESSEE shall default, after reasonable notice thereof, in the observance or performance of any conditions or covenants on LESSEE'S part to be observed or performed under or by virtue of any of the provisions in any article of this lease and shall fail to cure such default within the applicable cure period, then the LESSOR, without being under any obligation to do so and without thereby waiving such default, may remedy such default for the account of Tenant all without service of notice or resort to legal process and at the expense all without being deemed guilty of the LESSEE. If the LESSOR makes trespass or becoming liable for any expenditures or incurs any obligations for the payment of money in connection therewith, including but not limited to, reasonable attorney's fees in instituting, prosecuting or defending any action or proceeding, such sums paid or obligations insured, with interest at the rate of 12 per cent per annum and costs, shall loss which may be paid to the LESSOR by the LESSEE as additional rentoccasioned thereby.
Appears in 1 contract
Samples: CTC Communications Corp
DEFAULT AND BANKRUPTCY. In the event that that: (a) the The LESSEE shall default in the payment of any installment of rent or other sum herein specified and such default shall continue for ten (10) days after written notice of payment default, or if such written notice of payment default is required in three events or more in any calendar year, thereafter ten days after the payment due date without written notice being required for the balance of such yearthereof; or (b) the The LESSEE shall default in the observance or performance of any other of the LESSEE'S material 's covenants, agreementagreements, or obligations hereunder and such default shall not be corrected within thirty (30) days after written notice thereof from LESSOR, of if such default is not susceptible to cure within thirty days, in the event the LESSEE shall fail to commence to cure within the thirty days or thereafter diligently to prosecute such cure to completionthereof; or (c) the The LESSEE shall be declared bankrupt or insolvent according to law, or, if any assignment shall be made of LESSEE'S XXXXXX's property for the benefit of creditors, then the LESSOR shall have the right thereafter, while such default continues, to re-enter and take complete possession of the Leased Premisesleased premises, to declare the term of this lease ended, and remove the LESSEE'S 's effects, without prejudice to any remedies which might be otherwise used for arrears of rent or other default. The LESSEE shall indemnify the LESSOR against all loss of rent and other payments which the LESSOR may incur by reason of such termination during the residue of the term. LESSOR shall make reasonable efforts to relet the Leased Premises, and net rents received by the LESSOR shall be credited to the LESSEE'S obligations hereunder. If the LESSEE shall default, after reasonable notice thereof, in the observance or performance of any conditions or covenants on LESSEE'S 's part to be observed or performed under or by virtue of any of the provisions in any article of this lease and shall fail to cure such default within the applicable cure periodlease, then the LESSOR, without being under any obligation to do so and without thereby waiving such default, may remedy such default for the account and at the expense of the LESSEE. If the LESSOR makes any expenditures or incurs any obligations for the payment of money in connection therewith, including but not limited to, reasonable attorney's fees in instituting, prosecuting or defending any action or proceeding, such sums paid or obligations insured, with interest at the rate of 12 per cent percent per annum and costs, shall be paid to the LESSOR by the LESSEE as additional rent.
Appears in 1 contract
DEFAULT AND BANKRUPTCY. In the event that (a) the LESSEE shall default in the payment of any installment of rent or other sum herein specified and such default shall continue for ten fifteen (1015) days after written notice of payment default, or if such written notice of payment default is required in three events or more in any calendar year, thereafter ten days after the payment due date without written notice being required for the balance of such yeardate; or (b) the LESSEE shall default in the observance or performance of any other of the LESSEE'S material 's covenants, agreement, or obligations hereunder and such default shall not be corrected within thirty (30) days after written notice thereof from LESSOR, of if such default is not susceptible to cure within thirty days, in the event the LESSEE shall fail to commence to cure within the thirty days or thereafter diligently to prosecute such cure to completionthereof; or (c) the LESSEE shall be declared bankrupt or insolvent according to law, or, if any assignment shall be made of LESSEE'S 's property for the benefit of creditors, then the LESSOR shall have the right thereafter, while such default continues, to re-enter and take complete possession of the Leased Premisesleased premises, to declare the term of this lease ended, and remove the LESSEE'S 's effects, without prejudice to any remedies which might be otherwise used for arrears of rent or other default. The LESSEE shall indemnify the LESSOR against all loss of rent and other payments which the LESSOR may incur by reason of such termination during the residue of the term. LESSOR shall make reasonable efforts to relet the Leased Premises, and net rents received by the LESSOR shall be credited to the LESSEE'S obligations hereunder. If the LESSEE shall default, after reasonable notice thereof, in the observance or performance of any conditions or covenants on LESSEE'S 's part to be observed or performed under or by virtue of any of the provisions in any article of this lease and shall fail to cure such default within the applicable cure periodlease, then the LESSOR, without being under any obligation to do so and without thereby waiving such default, may remedy such default for the account and at the expense of the LESSEE. If the LESSOR makes any expenditures or incurs any obligations for the payment of money in connection therewith, including but not limited to, reasonable attorney's fees in instituting, prosecuting or defending any action or proceeding, such sums paid or obligations insured, with interest at the rate of 12 per cent per annum and costs, shall be paid to the LESSOR by the LESSEE as additional rent.
Appears in 1 contract
Samples: Access Integrated Technologies Inc
DEFAULT AND BANKRUPTCY. In the event that that: (a) the The LESSEE shall default in the payment of any installment of rent or other sum herein specified and such default shall continue for ten (10) days after written notice of payment default, or if such written notice of payment default is required in three events or more in any calendar year, thereafter ten days after the payment due date without written notice being required for the balance of such yearthereof; or (b) the The LESSEE shall default in the observance or performance of any other of the LESSEE'S material 's covenants, agreementagreements, or obligations hereunder and such default shall not be corrected within thirty (30) days after written notice thereof from LESSOR, of if such default is not susceptible to cure within thirty days, in the event the LESSEE shall fail to commence to cure within the thirty days or thereafter diligently to prosecute such cure to completionthereof; or (c) the The LESSEE shall be declared bankrupt or insolvent according to law, or, if any assignment shall be made of LESSEE'S 's property for the benefit of creditors, then the LESSOR shall have the right thereafter, while such default continues, to re-enter and take complete possession of the Leased Premisesleased premises, to declare the term of this lease ended, and remove the LESSEE'S 's effects, without prejudice to any remedies which might be otherwise used for arrears of rent or other default. The LESSEE shall indemnify the LESSOR against all loss of rent and other payments which the LESSOR may incur by reason of such termination during the residue of the term. LESSOR shall make reasonable efforts to relet the Leased Premises, and net rents received by the LESSOR shall be credited to the LESSEE'S obligations hereunder. If the LESSEE shall default, after reasonable notice thereof, in the observance or performance of any conditions or covenants on LESSEE'S 's part to be observed or performed under or by virtue of any of the provisions in any article of this lease and shall fail to cure such default within the applicable cure periodlease, then the LESSOR, without being under any obligation to do so and without thereby waiving such default, may remedy such default for the account and at the expense of the LESSEE. If the LESSOR makes any expenditures or incurs any obligations for the payment of money in connection therewith, including but not limited to, reasonable attorney's fees in instituting, prosecuting or defending any action or proceeding, such sums paid or obligations insured, with interest at the rate of 12 _____ per cent per annum and costs, shall be paid to the LESSOR by the LESSEE as additional rent.
Appears in 1 contract
Samples: Industrial Training Corp