Default and Landlords Remedies. 21 A. Defaults............................................................................... 21 B. Landlord's Remedies.................................................................... 23 12. HOLDOVER....................................................................................
Default and Landlords Remedies. (A) The occurrence of any one or more of the following events shall be considered a "Default" by Tenant under this Lease:
(i) Tenant fails to make any payment of any installment of Annual Base Rent or Additional Rent or any payment of any other sum required to be paid by Tenant either under this Lease or under the terms of any other agreement between Landlord and Tenant, and such failure is not cured within five (5) days after written notice thereof to Tenant;
(ii) Tenant fails to observe or perform any of the other covenants or conditions of this Lease which Tenant is required to observe and perform and such default is not cured within thirty (30) days after written notice thereof to Tenant (or if such failure involves an imminent threat to person or property and is not cured by Tenant immediately upon written notice to Tenant), (unless such failure by its nature cannot reasonably be cured within said thirty (30) day period, in which event, provided Tenant commences to cure such failure within such thirty (30) day period and thereafter diligently and continuously proceeds to cure such failure, Tenant shall have such additional time as is reasonably necessary to cure such failure;
(iii) The interest of Tenant in this Lease shall be levied on under execution or other legal process or a lien is filed or created against the interest of Tenant in this Lease, which lien shall not be released or discharged within forty-five (45) days from the date of such filing unless Tenant has provided Landlord with a title endorsement as set forth in Article 11 hereof;
(iv) Tenant becomes the subject of an involuntary case under the Federal bankruptcy law as now or hereafter constituted or there is filed a petition against Tenant seeking reorganization, arrangement, adjustment or composition of or in respect of Tenant under the Federal bankruptcy law as now or hereafter constituted or under any other applicable Federal or state bankruptcy, insolvency, reorganization or other similar law or seeking the appointment of a receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official) of Tenant or any substantial part of its property or seeking the winding-up or liquidation of its affairs and such involuntary case or petition is not dismissed within seventy-ninety (90) days after the filing thereof;
(v) Tenant commences a voluntary case or institutes proceedings to be adjudicated a bankrupt or insolvent or consents to the institution of bankruptcy or insol...
Default and Landlords Remedies. This Lease is granted on the condition that if an event of default (“Event of Default”) shall occur and then a default (“Default”) occurs, this Lease may be terminated. An Event of Default shall occur if there has been (a) a failure by Tenant to pay, when due, any rent to be paid to Landlord or to make payment when due of any taxes, assessments, or charges required by the terms of this Lease; (b) a failure by Tenant to obtain any policy of insurance or to pay any insurance premiums required by the terms of this Lease to be paid by Tenant; or (c) a failure by Tenant to comply with any other obligations or provisions of this Lease. Following an Event of Default, Landlord may send to Tenant notice of the Event of Default. The notice shall give Tenant 30 days to cure the default. If the Event of Default is not cured during the notice period, on the expiration of that notice period of 30 days a Default shall exist. If a Default as defined above occurs, Landlord may or terminate this Lease and enter into and on and take possession of the Premises, and Landlord may hold and retain the Premises. If Landlord takes possession of the Premises in accordance with this section, Landlord shall be entitled to recover from Tenant all damages incurred by Landlord on account of Tenant’s default, whether direct or consequential, including reasonable attorney fees. Xxxxxxxx’s acceptance of Rent following an Event of Default or it election not to pursue its remedies shall not waive Landlord’s rights regarding such Event of Default. No waiver by Landlord of any violation or breach of any
Default and Landlords Remedies. Section 15.01 Right to Re-Enter................. 60 Section 15.02 - Right to Relet.................... 62 Section 15.03 - Other Rights of the Landlord...... 63 Section 15.04 - Survival of Obligations........... 63 Section 15.05 - Expenses.......................... 63 Section 15.06 - Removal of Chattels............... 64 Section 15.07 - Waiver of Exemption from Distress. 64 Section 15.08 - Landlord May Cure Tenant's Default or Perform Tenant's Covenants....................... 64 Section 15.09 - Lien on Personal Property......... 65 Section 15.10 - Charges Collectible as Rent....... 65 Section 15.11 - Remedies Generally................ 66
Default and Landlords Remedies. 21 12. HOLDOVER..................................................... 24 13. SUBORDINATION TO MORTGAGES, TRUST DEEDS AND GROUND LEASES................................................ 25 14.
Default and Landlords Remedies. If the Tenants, individually or as a group, default on any obligations under this Lease, or misrepresents any information in an application for this Lease, the Landlord may, on written notice to the Tenants, terminate the Lease and enter the Premises as permitted by law without abatement of rent, and the Tenants shall surrender the Premises to the Landlord by the date stated in the notice. If the Landlord terminates the Lease, the Landlord may recover the Landlord's expenses for enforcing the Landlord's rights under the Lease and applicable law, including court costs and attorney fees, from the Tenants, as permitted by statute, and rent for the remainder of the Term of the Lease shall immediately become due (“Remaining Rent”). However, the Tenants may not be liable for the total Remaining Rent because of the Landlord's obligation to minimize damages, and either party may ask a court to determine the actual amount owed, if any. However, Xxxxxxx agree to reimburse Landlord for costs, including reasonable attorney fees, in the event Tenants do not pay the total Remaining Amount and it becomes necessary for a court to determine the actual amount owed.
Default and Landlords Remedies. Section 15.01 -
Default and Landlords Remedies. 18 Article 16.
Default and Landlords Remedies. (a) Any one of the following shall be deemed to be a "Default" or an "Event of Default":
(i) Failure on the part of Tenant to make payment of rent or any other monetary amount due under this Lease within thirty (30) days after written notice that such payment is past due.
(ii) With respect to a non-monetary default under this Lease, failure of Tenant to cure the same within thirty (30) days from the time of receipt of written notice of default from Landlord or such additional period reasonably required to cure the default. With respect to defaults requiring more than thirty (30) days to cure, Tenant shall be obligated to commence forthwith and to complete as soon as reasonably possible the curing of such default, and if Tenant fails so to do, the same shall be deemed to be an Event of Default.
(iii) The occurrence of any of the following events: (1) the estate hereby created being taken on execution or by other process of law; (
Default and Landlords Remedies. Any of the following shall constitute an event of default by the Tenant: (a) Failure to perform any requirement of this Lease when such performance is due or pay any sum of money when due and such failure shall continue for ten (10) days after the date of written notice from AEC to Tenant specifying the nature of said default.
