Common use of Default and Damages Clause in Contracts

Default and Damages. (a) Any of the following occurrences or acts shall constitute an event of default under this lease: (i) whenever the Tenant shall default in the payment of any Rent or any other charge payable by the Tenant to the Landlord, on any day upon which the same is due, and such default shall continue for ten (10) days ; or (ii) whenever the Tenant shall do, or fail to do, or permit to be done, whether by action or inaction, anything contrary to any of the Tenant's obligations hereunder, and if such situation shall continue and shall not be remedied by the Tenant within thirty (30) days after the Landlord shall have given to the Tenant a notice specifying the same, or, in the case of a situation which cannot with due diligence be cured Within a period of thirty (30) days, if the Tenant shall not (1) within such thirty (30) day period, advise the Landlord of the Tenant's intention duly to institute all steps necessary to remedy such situation, and (2) duly institute within such thirty (30) day period, and thereafter diligently prosecute to completion, all steps necessary to remedy the same; (iii) whenever the Tenant is dissolved; makes assignment for the benefit of creditors; files a voluntary petition in bankruptcy; is adjudicated a bankrupt or insolvent; files a petition or answer seeking for the Tenant any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any statute, law or regulation; files an answer or other pleading admitting or failing to contest material allegations of a petition filed against the Tenant in any proceeding of this nature; or seeks, consents to, or acquiesces in the appointment of a trustee, receiver, or liquidator of the Tenant or of all or any substantial part of the Tenant's properties; or (iv) if within sixty (60) days after the commencement of any proceeding against the Tenant seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any statute, law, or regulation, the proceeding has not been dismissed; or if within-sixty (60) days after the appointment without the Tenant's consent or acquiescence of a trustee, receiver, or liquidator of the Tenant or of all or any substantial part of the Tenant's properties, the appointment is not vacated or stayed; or if within sixty (60) days after expiration of any such stay, the appointment is not vacated. (b) If an event of default shall have happened and be continuing, the Landlord shall have the immediate right at its election (i) to terminate the term of this lease by giving the Tenant not less than five (5) days written notice of the Landlord's election to terminate, and (ii) whether or not the Landlord shall have terminated the term of this lease pursuant to this Section 22(b), and without demand or notice whatever, to reenter and take possession of the Demised Premises, removing all persons and property therefrom either by summary process proceedings or by other action, without being liable for any damages therefor. (c) If the Landlord elects to reenter and take possession of the Demised Premises pursuant to Section 22(b), and whether or not the Landlord shall have terminated the term of this lease pursuant to Section 22(b), the Landlord may (but shall be under no obligation to) relet the whole or any part of the Demised Premises on behalf of the Tenant for a period equal to, or greater or less than, the remainder of the term of this lease, at such rent and upon such terms and conditions as the landlord shall determine reasonable, to any tenant the Landlord may consider suitable and for any use or purpose the Landlord may deem appropriate in the Demised Premises. The Landlord shall not be liable for failure to relet the Demised Premises, and the Landlord shall be entitled to receive and retain the rent received upon such reletting, whether or not such rent is in excess of the Rent. (d) If the Landlord elects to reenter and take possession of the Demised Premises pursuant to Section 22(b), and whether or not the Landlord shall have terminated the term of this lease pursuant to Section 22(b), or relet the Demised Premises pursuant to Section 22(c), the Tenant shall pay to the Landlord, as liquidated damages, within ten (10) days after written demand therefor, the following sums: (i) all unpaid Rent, as of the date of such reentry, repossession or termination, plus the Fixed Rent and the additional rentals and charges from time to time payable under this lease until what would have been the end of the term of this lease in the absence of such reentry, repossession or termination; (ii) all expenses of maintaining the Demised Premises while vacant which are not included in Paragraph 22 (d)(i); (iii) all expenses, including reasonable attorneys' fees, incurred by the Landlord in recovering possession of the Demised Premises, reletting the same and collecting the Rent; (iv) all costs of repairs and redecoration of the Demised Premises made to facilitate the reletting of the Demised Premises; and (v) all brokerage commissions incurred in the reletting of the Demised Premises. The Landlord shall be entitled to recover the amounts referred to in this Section 22(d) in one action or at the Landlord's option in several separate actions, and the Tenant waives the right to assert the rule against bringing multiple actions for the same cause.

Default and Damages. (a) Any of the following occurrences or acts shall constitute an event of default under this lease: : (i) whenever the Tenant shall default in the payment of any Rent or any other charge payable by the Tenant to the Landlord, on any day upon which the same is due, and such default shall continue for ten five (105) days after written notice thereof from Landlord; or or (ii) whenever the Initials _________ (Landlord) _________ (Tenant) Tenant shall do, or fail to do, or permit to be done, whether by action or inaction, anything contrary to any of the Tenant's obligations hereunder, and if such situation shall continue and shall not be remedied by the Tenant within (A) Five (5) days after notice in the case of any voluntary situation within thirty the Tenant's reasonable control, or (B) Thirty (30) days in the case of any involuntary situation not within the Tenant's reasonable control, after the Landlord shall have given to the Tenant a notice specifying the same, or, in the case of a situation which cannot with due diligence be cured Within within a period of five (5) or thirty (30) days, as the case may be, if the Tenant shall not (1) within such thirty (5-day or 30) -day period, as the case may be, advise the Landlord of the Tenant's intention duly to institute all steps necessary to remedy such situation, and (2) duly institute within such thirty (5-day or 30) -day period, as the case may be, and thereafter diligently prosecute to completion, all steps necessary to remedy the same; ; (iii) whenever the Tenant is dissolved; dissolved (other than in the contest of a corporate reorganization where the business enterprise is continued), makes assignment for the benefit of creditors; , files a voluntary petition in bankruptcy; , is adjudicated a bankrupt or insolvent; , files a petition or answer seeking for the Tenant any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any statute, law or regulation; , files an answer or other pleading admitting or failing to contest material allegations of a petition filed against the Tenant in any proceeding of this nature; , or seeks, consents to, or acquiesces in the appointment of a trustee, receiver, or liquidator of the Tenant or of all or any substantial part of the Tenant's properties; or or (iv) if within sixty (60) days after the commencement of any proceeding against the Tenant seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any statute, law, or regulation, the proceeding has not been dismissed; or if within-within sixty (60) days after the appointment without the Tenant's consent or acquiescence of a trustee, receiver, or liquidator of the Tenant or of all or any substantial part of the Tenant's properties, the appointment is not vacated or stayed; or if within sixty (60) days after expiration of any such stay, the appointment is not vacated; or (v) the event of an occurrence of default beyond any applicable grace period in that certain $87,000 Promissory Note from Tenant to Landlord of even date herewith. (b) If an event of default shall have happened and be continuing, the Landlord shall have the immediate right at its election (i) to terminate the term of this lease by giving the Tenant not less than five (5) days written notice of the Landlord's election to terminate, and (ii) whether or not the Landlord shall have terminated the term of this lease pursuant to this Section 22(b21(b), and without demand or notice whatever, to reenter re-enter and take possession of the Demised Premises, removing all persons and property therefrom either by summary process proceedings or by other action, without being liable for any damages therefor.. Initials _________ (Landlord) _________ (Tenant) (c) If the Landlord elects to reenter re-enter and take possession of the Demised Premises pursuant to Section 22(b21 (b), and whether or not the Landlord shall have terminated the term of this lease pursuant to Section 22(b21 (b), the Landlord may (but shall be under no obligation to) relet re-let the whole or any part of the Demised Premises on behalf of the Tenant for a period equal to, or greater or less than, the remainder of the term of this lease, at such rent and upon such terms and conditions as the landlord Landlord shall determine reasonable, to any tenant the Landlord may consider suitable and for any use or purpose the Landlord may deem appropriate in the Demised Premises. The Landlord shall not be liable for failure to relet re-let the Demised Premises, and the Landlord shall be entitled to receive and retain the rent received upon such relettingre-letting, whether or not such rent is in excess of the Rent. (d) If Should Landlord elect to re-enter as herein provided or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or make such alterations and repairs as may be necessary in order to relet the premises, and relet said premises or any part thereof for such term or terms (which may be for a term extending beyond the term of this Lease) and at such rental or rentals and upon such other terms and conditions as Landlord in its discretion may deem advisable; and upon each such reletting all rentals received by the Landlord elects from such reletting shall be applied first, to reenter the payment of any indebtedness other than rent due hereunder from Tenant to Landlord; second, to the payment of any costs and take expenses of such reletting, including brokerage fees and attorneys' fees and of costs and expenses of such reletting, including the costs of recovering possession of the Demised Premises pursuant to Section 22(b)Premises, brokerage fees and whether or not the Landlord shall have terminated the term attorneys' fees and of this lease pursuant to Section 22(b), or relet the Demised Premises pursuant to Section 22(c), the Tenant shall pay to the Landlord, as liquidated damages, within ten (10) days after written demand therefor, the following sums: (i) all unpaid Rent, as of the date costs of such reentryalterations and repairs; third, repossession or termination, plus the Fixed Rent all utility expenses and the additional rentals and charges from time to time payable under this lease until what would have been the end of the term of this lease in the absence of such reentry, repossession or termination; (ii) all expenses of maintaining the Demised Premises while vacant which are not included vacant, fourth, to the payment of rent due and unpaid hereunder, and the residue, if any, shall be held by Landlord and applied in Paragraph 22 (d)(i); (iii) all expensespayment of future rent as the same may become due and payable hereunder. If such rentals received from such reletting during any month be less than that to be paid during that month by Tenant hereunder, including reasonable attorneys' fees, incurred by the Landlord in recovering Tenant shall pay any deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Demised Premises, reletting the same and collecting the Rent; (iv) all costs of repairs and redecoration of the Demised Premises made to facilitate the reletting of the Demised Premises; and (v) all brokerage commissions incurred in the reletting of the Demised Premises. The by Landlord shall be entitled construed as an election on its part to recover terminate this Lease unless a written notice of such intention be given to Tenant or unless the amounts referred to in this Section 22(d) in one action or at the Landlord's option in several separate actions, and the Tenant waives the right to assert the rule against bringing multiple actions for the same causetermination thereof be decreed by a court of competent jurisdiction.

Default and Damages. (a) Any of the following occurrences or acts shall constitute an event of default under this lease: : (i) whenever the Tenant shall default in the payment of any Rent or any other charge payable by the Tenant to the Landlord, on any day upon which the same is due, and such default shall continue for ten five (105) days days; or or (ii) whenever the Tenant shall do, or fail to do, or permit to be done, whether by action or inaction, anything contrary to any of the Tenant's ’s obligations hereunder, and if such situation shall continue and shall not be remedied by the Tenant within thirty (30) days after the Landlord shall have given to the Tenant a notice specifying the same, or, in the case of a situation which cannot with due diligence be cured Within within a period of thirty (30) days, days if the Tenant shall not (1l) within such thirty (30) day period, period advise the Landlord of the Tenant's ’s intention duly to institute all steps necessary to remedy such situation, and (2) duly institute within such thirty (30) day period, period and thereafter diligently prosecute to completion, all steps necessary to remedy the same; ; (iii) whenever the Tenant is dissolved; , makes assignment for the benefit of creditors; , files a voluntary petition in bankruptcy; , is adjudicated a bankrupt or insolvent; , files a petition or answer seeking for the Tenant any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any statute, law or regulation; , files an answer or other pleading admitting or failing to contest material allegations of a petition filed against the Tenant in any proceeding of this nature; , or seeks, consents to, or acquiesces in the appointment of a trustee, receiver, or liquidator of the Tenant or of all or any substantial part of the Tenant's ’s properties; or or (iv) if within sixty (60) days after the commencement of any proceeding against the Tenant seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any statute, law, or regulation, the proceeding has not been dismissed; or if within-within sixty (60) days after the appointment without the Tenant's ’s consent or acquiescence of a trustee, receiver, or liquidator of the Tenant or of all or any substantial part of the Tenant's ’s properties, the appointment is not vacated or stayed; or if within sixty (60) days after expiration of any such stay, the appointment is not vacated. (b) If an event of default shall have happened occurred and be continuing, the Landlord shall have the immediate right at its election (i) to terminate the term of this lease by giving the Tenant not less than five ten (510) days written notice of the Landlord's ’s election to terminate, and (ii) whether or not the Landlord shall have terminated the term of this lease pursuant to this Section 22(b19(b), and without demand or notice whatever, to reenter re-enter and take possession of the Demised Premises, removing all persons and property therefrom either by summary process proceedings or by other action, without being liable for any damages therefor. (c) If the Landlord elects to reenter re-enter and take possession of the Demised Premises pursuant to Section 22(b19(b), and whether or not the Landlord shall have terminated the term of this lease pursuant to Section 22(b19(b), the Landlord may (but shall be under no obligation to) relet re-let the whole or any part of the Demised Premises on behalf of the Tenant for a period equal to, or greater or less than, the remainder of the term of this lease, at such rent and upon such terms and conditions as the landlord Landlord shall determine reasonable, to any tenant the Landlord may consider suitable and for any use or purpose the Landlord may deem appropriate in the Demised Premises. The Landlord shall not be liable for failure to relet re-let the Demised Premises, and the Landlord shall be entitled to receive and retain the rent received upon such relettingre-letting, whether or not such rent is in excess of the Rent. (d) If the Landlord elects to reenter re-enter and take possession of the Demised Premises pursuant to Section 22(b19(b), and whether or not the Landlord shall have terminated the term of this lease pursuant to Section 22(b19(b), or relet re-let the Demised Premises pursuant to Section 22(c19(c), the Tenant shall pay to the Landlord, as liquidated damages, within ten (10) days after written demand therefor, the following sums: : (i) all unpaid Rent, as of the date of such reentryre-entry, repossession or termination, plus the Fixed Rent and the additional rentals and charges from time to time payable under this lease until what would have been the end of the term of this lease in the absence of such reentryre-entry, repossession or termination; ; (ii) all expenses of maintaining the Demised Premises while vacant which are not included in Paragraph 22 (d)(i); vacant; (iii) all expenses, including reasonable attorneys' ’ fees, incurred by the Landlord in recovering possession of the Demised Premises, reletting re-letting the same and collecting the Rent; ; (iv) all costs of repairs and redecoration of the Demised Premises made to facilitate the reletting re-letting of the Demised Premises; and and (v) all brokerage commissions incurred in the reletting re-letting of the Demised Premises. The Landlord shall be entitled to recover the amounts referred to in this Section 22(d19(d) in one action or at the Landlord's ’s option in several separate actions, and the Tenant waives the right to assert the rule against bringing multiple actions for the same cause.

Default and Damages. (a) Any If at any time during the term or any extended term thereof, of this Lease: A. All or any part of the following occurrences Base Rent, Rent Adjustments, taxes, insurance premiums, charges, expenses, or acts shall constitute an event of default under this lease: (i) whenever the other sums payable by Tenant shall default be in the payment of any Rent arrears or any other charge payable by the Tenant to the Landlord, on any day upon which the same is due, unpaid and such default shall continue unpaid for ten (10) days ; or (ii) whenever the Tenant shall do, or fail to do, or permit to be done, whether by action or inaction, anything contrary to any of the Tenant's obligations hereunder, and if such situation shall continue and shall not be remedied by the Tenant within thirty (30) days after the Landlord shall have given to the Tenant a notice specifying the same, or, in the case of a situation which cannot with due diligence be cured Within a period of thirty (30) days after written notice is given thereof by Landlord to Tenant. B. Tenant shall fail to comply, in whole or in part, with any of the covenants, terms and conditions of this Lease other than payment of rent, and the same shall not be remedied within ninety (90) days after written notice thereof given by Landlord to Tenant, then Landlord, at its election, may (both in the case of default under 16A or B) without further or other demand and upon the giving of not less than twenty (20) days' prior written notice of such election to Tenant, terminate this Lease and this Lease shall thereupon be terminated without any right on the part of Tenant to prevent such termination by payment of any sum due or by performance of any provision of this Lease, or Landlord may elect to terminate Tenant's right to possession only, without terminating this Lease; in either of which events Tenant shall quit and peaceably surrender the demised premises and the building to Landlord, and Landlord, upon or at any time after either of such terminations, may, without further notice, re-enter thereon and repossess the same by summary proceedings or otherwise, and may dispossess Tenant and remove Tenant and all other persons and property from the demised premises without liability for any suit or action, civil or criminal, by reason thereof, and Landlord may have, hold and enjoy the demised premises and may alter the same as may be necessary effectively to utilize the premises and may have, hold and enjoy the right to premises and may have, hold and enjoy the right to receive all rental income therefrom without accountability to Tenant; and Landlord shall forthwith be entitled to recover from Tenant all rents and additional rents and all other sums of money or charges then matured and payable by Tenant; and (unless the statute or rule of law which governs or shall govern the proceeding in which such damages are to be proved limits or shall limit the amount of such claim capable of being so proved and allowed, in which case Landlord shall be entitled to prove as and for damages and have allowed an amount equal to the maximum allowed by or under any such statute or rule of law) Tenant shall also pay Landlord as damages for the failure to observe and perform all of the terms, covenants and conditions of this Lease to be observed or performed by Tenant, any costs and expenses incurred by Landlord in remedying Tenant's default including alteration of the premises as may be necessary effectively to utilize the premises and any deficiency between the rent and additional rent hereby reserved or covenanted to be paid and the net amount, if any, of the rents collected on account of this Lease of the demised premises for each month of the period which would otherwise have constituted the balance of the term of this Lease. In computing such damages there shall be added to the said deficiency such expenses as Landlord may incur in connection with re-letting, including, without limiting the generality of the foregoing, legal expenses, attorneys' fees, brokerage, the cost of keeping the demised premises in good order and the cost of preparing the same for re-letting. Any such damages and expenses shall be paid as and when incurred or expended by Landlord and any such deficiency shall be paid in monthly installments by Tenant on the rent day specified in this Lease and any suit brought to collect the amount of the deficiency for any month or months shall not (1) within prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by another proceeding. Landlord at its option may make such thirty (30) day periodalterations, advise repairs and decorations in demised premises as Landlord in its sole judgment considers advisable or necessary for the purpose of re-letting demised premises, and the making of such alterations, repairs or decorations shall not operate or be construed to release Tenant from liability hereunder. Landlord shall in no event be liable in any way whatsoever for failure to re-let the demised premises or, in the event that demised premises are re- let, for failure to collect the rent therefor under such re-letting. No re- entry or re-letting shall be deemed to constitute acceptance of a surrender of this Lease or waiver of any of the Tenantrights reserved by Landlord hereunder, nor release Tenant from performance of any of the terms, covenants or conditions herein contained, unless Landlord shall specifically so notify Tenant in writing. Such re-letting shall not preclude Landlord from terminating this Lease as hereinabove provided at any time thereafter. Should Landlord at any time terminate this Lease for any breach, in addition to any other remedy that Landlord may have, Landlord may recover from Tenant all damages incurred by reason of such breach, including but not limited to the cost of recovering the demised premises and the worth, at the time of such termination, of the excess, if any, of the rent and charges equivalent to rent reserved in this Lease for the balance of the term hereof, or any shorter period of time, over the then reasonable rental value of the demised premises for the same period. In the event of a breach or threatened breach by Tenant of any of the terms, covenants or conditions hereof, Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided for. In no event shall Tenant be entitled to receive any excess of such annual rents over the sums payable by Tenant to Landlord hereunder. Nothing herein contained shall be deemed to require Landlord to postpone suit until the date when the term of this Lease would have expired if it had not been terminated under the provisions of this Lease, or under any provisions of law, or had Landlord not re-entered into or upon the demised area. C. In the event that Landlord is privileged to re-let the demised premises or any part or parts thereof pursuant to the provisions of paragraph B of this Section 16, Landlord may do so, either in the name of Landlord or otherwise, for a term or terms which may, at Landlord's intention duly to institute all steps necessary to remedy such situationoption, be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease, and (2) duly institute within Landlord may grant concessions or free rent if, in the reasonable exercise of Landlord's judgment, such thirty (30) day periodaction is advisable. D. Tenant, for itself, and thereafter diligently prosecute to completionany and all persons claiming through or under Tenant, all steps necessary to remedy including its creditors, upon termination of this Lease and of the same; (iii) whenever term in accordance with the Tenant is dissolved; makes assignment terms hereof, or in the event of entry of judgment for the benefit recovery of creditors; files a voluntary petition the possession of the demised area in bankruptcy; is adjudicated a bankrupt any action proceeding, or insolvent; files a petition if Landlord shall enter the demised premises by process of law or answer seeking for the Tenant otherwise, hereby waives any reorganization, arrangement, composition, readjustment, liquidation, dissolution right of redemption provided or similar relief under permitted by any statute, law or regulation; files an answer decision now or hereafter in force, and does hereby waive, surrender and give up all rights or privileges which it or they may or might have under or by reason of any present or future law or decision, to redeem the demised area or for a continuation of this Lease for the term hereby demised. Tenant waives all right to trial by jury in any summary or other pleading admitting or failing to contest material allegations of a petition filed judicial proceeding hereafter instituted by Landlord against the Tenant in any proceeding of this nature; or seeks, consents to, or acquiesces in the appointment of a trustee, receiver, or liquidator respect of the Tenant or of all or any substantial part of the Tenant's properties; or (iv) if within sixty (60) days after the commencement of any proceeding against the Tenant seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any statute, law, or regulation, the proceeding has not been dismissed; or if within-sixty (60) days after the appointment without the Tenant's consent or acquiescence of a trustee, receiver, or liquidator of the Tenant or of all or any substantial part of the Tenant's properties, the appointment is not vacated or stayed; or if within sixty (60) days after expiration of any such stay, the appointment is not vacateddemised premises. (b) If an event of default shall have happened and be continuing, the Landlord shall have the immediate right at its election (i) to terminate the term of this lease by giving the Tenant not less than five (5) days written notice of the Landlord's election to terminate, and (ii) whether or not the Landlord shall have terminated the term of this lease pursuant to this Section 22(b), and without demand or notice whatever, to reenter and take possession of the Demised Premises, removing all persons and property therefrom either by summary process proceedings or by other action, without being liable for any damages therefor. (c) If the Landlord elects to reenter and take possession of the Demised Premises pursuant to Section 22(b), and whether or not the Landlord shall have terminated the term of this lease pursuant to Section 22(b), the Landlord may (but shall be under no obligation to) relet the whole or any part of the Demised Premises on behalf of the Tenant for a period equal to, or greater or less than, the remainder of the term of this lease, at such rent and upon such terms and conditions as the landlord shall determine reasonable, to any tenant the Landlord may consider suitable and for any use or purpose the Landlord may deem appropriate in the Demised Premises. The Landlord shall not be liable for failure to relet the Demised Premises, and the Landlord shall be entitled to receive and retain the rent received upon such reletting, whether or not such rent is in excess of the Rent. (d) If the Landlord elects to reenter and take possession of the Demised Premises pursuant to Section 22(b), and whether or not the Landlord shall have terminated the term of this lease pursuant to Section 22(b), or relet the Demised Premises pursuant to Section 22(c), the Tenant shall pay to the Landlord, as liquidated damages, within ten (10) days after written demand therefor, the following sums: (i) all unpaid Rent, as of the date of such reentry, repossession or termination, plus the Fixed Rent and the additional rentals and charges from time to time payable under this lease until what would have been the end of the term of this lease in the absence of such reentry, repossession or termination; (ii) all expenses of maintaining the Demised Premises while vacant which are not included in Paragraph 22 (d)(i); (iii) all expenses, including reasonable attorneys' fees, incurred by the Landlord in recovering possession of the Demised Premises, reletting the same and collecting the Rent; (iv) all costs of repairs and redecoration of the Demised Premises made to facilitate the reletting of the Demised Premises; and (v) all brokerage commissions incurred in the reletting of the Demised Premises. The Landlord shall be entitled to recover the amounts referred to in this Section 22(d) in one action or at the Landlord's option in several separate actions, and the Tenant waives the right to assert the rule against bringing multiple actions for the same cause.