Default and Right to Re. Enter (a) the Tenant fails to complete the construction of the Building and/or the Community Spaces, in accordance with the terms of this Lease, the Project Agreement, the Heritage Agreement and/or the Contribution Agreement, within the timeframes set out in Section 8.2 hereof (and subject to the cure periods set out therein); (b) the Tenant fails to enter into the Lease for the Community Spaces or attempts, at any time, to terminate the Lease for the Community Spaces; (c) the Tenant fails to pay any Rent or other sums due hereunder within thirty (30) days of the later of the day or dates appointed for the payment thereof and receipt of written notice by the Tenant from the Landlord of the amounts then outstanding; (d) a default under Section 8.1 (a) that is not cured within a period of thirty (30) days following written notice thereof by the Landlord, or such longer time as would have reasonably sufficed for the remedying of such failure if the Tenant had commenced to remedy the same within thirty (30) days and thereafter proceeded to remedy the same with reasonable diligence, provided that the Tenant shall not be entitled to the advantage of such longer time unless it shall have actually proceeded thereafter to remedy the same with all due diligence and shall have provided to the Landlord, if requested by the Landlord, reasonable evidence as to the steps being taken by the Tenant toward remedying the same; or (e) the Tenant fails to observe or perform any terms, covenants, obligations or conditions of this Lease, the Contribution Agreement, the Project Agreement and/or the Heritage Agreement, to be observed or performed by the Tenant, provided the Landlord first gives the Tenant thirty BATCHELD\4315610\5 BATCHELD\4315610\5 BATCHELD\4315610\5 BATCHELD\4315610\5 (30) days prior written notice of any such failure to perform (other than those terms, covenants or conditions set out below in subsections (f), (g), (h), (i) or (j), for which no notice is required) and the Tenant fails to cure such failure within such period of thirty (30) days or such longer time as would have reasonably sufficed for the remedying of such breach or non-performance, provided the Tenant has commenced to remedy the same within thirty (30) days and thereafter proceeds to remedy the same within all due diligence, further provided that the Tenant shall not be entitled to the advantage of such longer time unless it shall have actually commenced and thereafter proceeds to remedy the same with all due diligence and shall have provided to the Landlord, if requested by the Landlord, reasonable evidence as to the steps being taken by the Tenant toward remedying the same; or (f) the Tenant becomes bankrupt or insolvent or takes the benefit of any act now or hereafter in force for bankrupt or insolvent debtors or files any proposal or makes any assignment for the benefit of creditors or any arrangement of compromise; or (g) a receiver or a receiver and manager is appointed for all or a portion of the Tenant’s property and the receiver’s appointment is not vacated within thirty (30) days; or (h) any steps are taken or any action or proceedings are instituted by the Tenant or by any other party including, without limitation, any court or governmental body of competent jurisdiction for the dissolution, winding-up or liquidation of the Tenant or its assets other than a corporate re-organization of the Tenant and such dissolution, winding-up or liquidation is not rescinded within thirty (30) days; or (i) the Tenant abandons the Demised Premises or the Demised Premises becomes unoccupied for a period of sixty (60) consecutive days or more without the consent of the Landlord, or (j) this Lease is taken under any writ of execution; or (k) the Tenant purports to make a Transfer other than in compliance with this Lease, which Transfer is not withdrawn within ninety (90) days following written notice from the Landlord in respect thereof, then and in every such case the Landlord, in addition to any other rights or remedies it has pursuant to this Lease or by law, has the immediate right of re-entry upon the Demised Premises and it may repossess the Demised Premises, all without service of notice or resort to legal process and without the Landlord being considered guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby. Notwithstanding the foregoing and without limiting any other remedies, the Landlord may have arising out of this Lease or at law, upon the happening of a default by the Tenant under this Lease which the Tenant has not rectified within the time required pursuant to the provisions of this Lease, the Landlord shall have the right, without any re-entry or termination of this Lease, to enter upon the Demised Premises and cure or attempt to cure such default (but this shall not obligate the Landlord to cure or attempt to cure any such default or, after having commenced to cure or attempted to cure such default, to continue to do so), and to recover from the Tenant all damages and expenses incurred by the Landlord (plus 15% for administration costs) as a result of any breach by the Tenant.
Appears in 1 contract
Samples: Lease Agreement
Default and Right to Re. Enterenter
(a) the Tenant fails to complete the construction of the Building and/or the Community Spaces, in accordance with the terms of this Lease, the Project Agreement, the Heritage Agreement and/or the Contribution Agreement, within the timeframes set out in Section 8.2 hereof (and subject to the cure periods set out therein);
(b) the Tenant fails to enter into the Lease for the Community Spaces or attempts, at any time, to terminate the Lease for the Community Spaces;
(c) the Tenant fails to pay any Rent or other sums due hereunder within thirty (30) days of the later of Additional Rent on the day or dates appointed for the payment thereof and receipt fails to pay the same, with interest, within fifteen (15) days of written notice by to the Tenant from the Landlord of the amounts then outstandingsuch failure;
(d) a default under Section 8.1 (a) that is not cured within a period of thirty (30) days following written notice thereof by the Landlord, or such longer time as would have reasonably sufficed for the remedying of such failure if the Tenant had commenced to remedy the same within thirty (30) days and thereafter proceeded to remedy the same with reasonable diligence, provided that the Tenant shall not be entitled to the advantage of such longer time unless it shall have actually proceeded thereafter to remedy the same with all due diligence and shall have provided to the Landlord, if requested by the Landlord, reasonable evidence as to the steps being taken by the Tenant toward remedying the same; or
(eb) the Tenant fails to observe or perform any other of the terms, covenants, obligations covenants or conditions of this Lease, the Contribution Agreement, the Project Agreement and/or the Heritage Agreement, Lease to be observed or performed by the Tenant, provided the Landlord first gives the Tenant thirty BATCHELD\4315610\5 BATCHELD\4315610\5 BATCHELD\4315610\5 BATCHELD\4315610\5 (30) days prior written notice of any such failure to perform (other than those terms, covenants or conditions set out below in subsections Section 13.1(a) or in Section 13.1(c) to (f), (g)inclusive, (h)the Landlord may, at any time thereafter, give notice of such failure to the Tenant; and if, such notice having been given by the Landlord to the Tenant, the Tenant shall not either:
(i) or (j), for which no if the matter complained of in such notice is requiredcapable of being remedied by the payment of money, correct the matter complained of within fifteen (15) and days of written notice to the Tenant fails of any such failure; or
(ii) if the matter complained of in such notice is not capable of being remedied by the payment of money:
(A) remedy such breach within thirty (30) days (or such shorter period as may be provided in this Lease) of written notice to cure the Tenant of any such failure failure;
(B) if such breach cannot reasonably be remedied within such period of thirty (30) days or such longer time as would have reasonably sufficed for the remedying of shorter period, commence to remedy such breach or non-performance, provided the Tenant has commenced to remedy the same within thirty (30) days of written notice to the Tenant of any such breach and thereafter proceeds proceed diligently to remedy the same within all due diligence, further provided that the Tenant shall not be entitled to the advantage of such longer time unless it shall have actually commenced and thereafter proceeds to remedy the same with all due diligence and shall have provided to the Landlord, if requested by the Landlord, reasonable evidence as to the steps being taken by the Tenant toward remedying the samebreach; or
(fC) notify the Landlord within fifteen (15) days after the giving of such notice by the Landlord that the Tenant disputes the matters complained of in such notice, in which case, unless otherwise agreed between the Landlord and the Tenant, such issues shall be determined in accordance with Article 14; if such determination shall be adverse to the Tenant, wholly or in part, the Tenant shall, within fifteen (15) days after such determination shall have been made, remedy such breach;
(c) the Tenant becomes bankrupt or insolvent or takes the benefit of any act now or hereafter in force statute for bankrupt or insolvent debtors or files any proposal or makes any proposal, an assignment for the benefit of creditors or any arrangement of compromise; or
(g) a receiver with its creditors, or a receiver and manager is appointed for all or a portion of the Tenant’s property and the receiver’s appointment is not vacated within thirty (30) days; or
(h) any steps are taken or any action or proceedings are instituted by the Tenant or commenced by any other party including, without limitation, any court or governmental body of competent jurisdiction person for the dissolution, winding-up or other termination of the Tenant’s existence or the liquidation of its assets;
(d) a trustee, receiver, receiver/manager or a person acting in a similar capacity is appointed with respect to the Tenant or its assets other than a corporate re-organization of the Tenant and such dissolution, winding-up or liquidation is not rescinded within thirty (30) days; orTenant;
(ie) the Tenant abandons the Demised Premises makes an assignment or the Demised Premises becomes unoccupied for a period of sixty (60) consecutive days sublease or more without the consent of the Landlord, or
(j) this Lease is taken under any writ of execution; or
(k) the Tenant purports to make a other Transfer other than in compliance with this Lease, which Transfer is not withdrawn within ninety (90) days following written notice from the Landlord in respect thereof, then and in every such case the Landlord, in addition to any other rights or remedies it has pursuant to this Lease or by law, has the immediate right of re-entry upon the Demised Premises and it may repossess the Demised Premises, all without service of notice or resort to legal process and without the Landlord being considered guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby. Notwithstanding the foregoing and without limiting any other remedies, the Landlord may have arising out of this Lease or at law, upon the happening of a default by the Tenant under this Lease which the Tenant has not rectified within the time required pursuant to the provisions of this Lease, the Landlord shall have the right, without any re-entry or termination of this Lease, to enter upon the Demised Premises and cure or attempt to cure such default ; or
(but this shall not obligate the Landlord to cure or attempt to cure any such default or, after having commenced to cure or attempted to cure such default, to continue to do so), and to recover from f) the Tenant all damages abandons the Lands and expenses incurred by the Landlord (plus 15% for administration costs) as a result of any breach by the TenantImprovements.
Appears in 1 contract
Samples: Lease Agreement
Default and Right to Re. Enter
(a) the Tenant fails to complete the construction of the Building and/or the Community Spaces, in accordance with the terms of this Lease, the Project Agreement, the Heritage Agreement and/or the Contribution Agreement, within the timeframes set out in Section 8.2 hereof (and subject to the cure periods set out therein);
(b) the Tenant fails to enter into the Lease for the Community Spaces or attempts, at any time, to terminate the Lease for the Community Spaces;
(c) the Tenant Subtenant fails to pay any Rent or other sums due hereunder within thirty seven (307) days of the later of the day or dates appointed for the payment thereof and receipt of written notice by the Tenant Subtenant from the Landlord Sublandlord of the amounts delinquent and then outstanding;; or
(b) the Subtenant fails to observe or perform any other material terms, covenants, obligations or conditions of this Sublease and the Contribution Agreement and any shared facilities or reciprocal agreement affecting the Demises Premises to be observed or performed by the Subtenant and any terms and conditions of the Headlease that apply to the Subtenant, (other than those terms, covenants or conditions set out below in Subsections (c), (d), (e), (f), and (g) a default under Section 8.1 for which no notice is required) provided the Sublandlord first gives the Subtenant seven (a) that is not cured within a period of thirty (307) days following prior written notice thereof by of any such failure to perform and the Landlord, Subtenant fails to cure such failure within such period given in the notice of default or such longer time as would have reasonably sufficed for the remedying of such failure breach or non-performance if the Tenant Subtenant had commenced to remedy the same within thirty (30) days such period given and thereafter proceeded to remedy the same with reasonable all due diligence, provided that the Tenant Subtenant shall not be entitled to the advantage of such longer time unless it shall have actually proceeded thereafter to remedy the same with all due diligence and shall have provided to the LandlordSublandlord, if requested by the LandlordSublandlord, reasonable evidence as to the steps being taken by the Tenant Subtenant toward remedying the same; or
(ec) the Tenant fails to observe or perform any terms, covenants, obligations or conditions of this Lease, the Contribution Agreement, the Project Agreement and/or the Heritage Agreement, to be observed or performed by the Tenant, provided the Landlord first gives the Tenant thirty BATCHELD\4315610\5 BATCHELD\4315610\5 BATCHELD\4315610\5 BATCHELD\4315610\5 (30) days prior written notice of any such failure to perform (other than those terms, covenants or conditions set out below in subsections (f), (g), (h), (i) or (j), for which no notice is required) and the Tenant fails to cure such failure within such period of thirty (30) days or such longer time as would have reasonably sufficed for the remedying of such breach or non-performance, provided the Tenant has commenced to remedy the same within thirty (30) days and thereafter proceeds to remedy the same within all due diligence, further provided that the Tenant shall not be entitled to the advantage of such longer time unless it shall have actually commenced and thereafter proceeds to remedy the same with all due diligence and shall have provided to the Landlord, if requested by the Landlord, reasonable evidence as to the steps being taken by the Tenant toward remedying the same; or
(f) the Tenant Subtenant becomes bankrupt or insolvent or takes the benefit of any act now or hereafter in force for bankrupt or insolvent debtors or files any proposal or makes any assignment for the benefit of creditors or any arrangement of compromise; oror
(gd) a receiver or a receiver and manager is appointed for all or a portion of the TenantSubtenant’s property and the receiver’s appointment is not vacated within thirty (30) days; or
(h) any steps are taken or any action or proceedings are instituted by the Tenant or by any other party including, without limitation, any court or governmental body of competent jurisdiction for the dissolution, winding-up or liquidation of the Tenant or its assets other than a corporate re-organization of the Tenant and such dissolution, winding-up or liquidation is not rescinded within thirty (30) days; or
(i) the Tenant abandons the Demised Premises or the Demised Premises becomes unoccupied for a period of sixty (60) consecutive days or more without the consent of the Landlord, or
(j) this Lease is taken under any writ of execution; or
(k) the Tenant purports to make a Transfer other than in compliance with this Lease, which Transfer is not withdrawn within ninety (90) days following written notice from the Landlord in respect thereof, then and in every such case the Landlord, in addition to any other rights or remedies it has pursuant to this Lease or by law, has the immediate right of re-entry upon the Demised Premises and it may repossess the Demised Premises, all without service of notice or resort to legal process and without the Landlord being considered guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby. Notwithstanding the foregoing and without limiting any other remedies, the Landlord may have arising out of this Lease or at law, upon the happening of a default by the Tenant under this Lease which the Tenant has not rectified within the time required pursuant to the provisions of this Lease, the Landlord shall have the right, without any re-entry or termination of this Lease, to enter upon the Demised Premises and cure or attempt to cure such default (but this shall not obligate the Landlord to cure or attempt to cure any such default or, after having commenced to cure or attempted to cure such default, to continue to do so), and to recover from the Tenant all damages and expenses incurred by the Landlord (plus 15% for administration costs) as a result of any breach by the Tenant.thirty
Appears in 1 contract
Samples: Sublease
Default and Right to Re. Enterenter
(a) Any Basic Rent is not paid on the date when it is due;
b) The Tenant has breached any of its obligations in this Lease and, if such breach is capable of being remedied and is not otherwise listed in this Section after notice in writing from the Landlord to the Tenant:
i) The Tenant fails to remedy such breach within ten (10) days (or suchshorter period as may be provided in this Lease); or
ii) If such breach cannot reasonably be remedied within ten (10) days (orsuch shorter period), the Tenant fails to complete the construction of the Building and/or the Community Spaces, in accordance with the terms of this Lease, the Project Agreement, the Heritage Agreement and/or the Contribution Agreement, commence to remedy such breach within the timeframes set out in Section 8.2 hereof ten (and subject to the cure periods set out therein);
(b) the Tenant fails to enter into the Lease for the Community Spaces or attempts, at any time, to terminate the Lease for the Community Spaces;
(c) the Tenant fails to pay any Rent or other sums due hereunder within thirty (3010) days of the later of the day such breach, or dates appointed for the payment thereof and receipt of written notice by the Tenant from the Landlord of the amounts then outstandingthereafter fails to proceed diligently to remedy such breach;
(dc) a default under Section 8.1 (a) that is not cured within a period of thirty (30) days following written notice thereof by the Landlord, or such longer time as would have reasonably sufficed for the remedying of such failure if the Tenant had commenced to remedy the same within thirty (30) days and thereafter proceeded to remedy the same with reasonable diligence, provided that the Tenant shall not be entitled to the advantage of such longer time unless it shall have actually proceeded thereafter to remedy the same with all due diligence and shall have provided to the Landlord, if requested by the Landlord, reasonable evidence as to the steps being taken by the Tenant toward remedying the same; or
(e) the Tenant fails to observe or perform any terms, covenants, obligations or conditions of this Lease, the Contribution Agreement, the Project Agreement and/or the Heritage Agreement, to be observed or performed by the Tenant, provided the Landlord first gives the Tenant thirty BATCHELD\4315610\5 BATCHELD\4315610\5 BATCHELD\4315610\5 BATCHELD\4315610\5 (30) days prior written notice of any such failure to perform (other than those terms, covenants or conditions set out below in subsections (f), (g), (h), (i) or (j), for which no notice is required) and the Tenant fails to cure such failure within such period of thirty (30) days or such longer time as would have reasonably sufficed for the remedying of such breach or non-performance, provided the Tenant has commenced to remedy the same within thirty (30) days and thereafter proceeds to remedy the same within all due diligence, further provided that the Tenant shall not be entitled to the advantage of such longer time unless it shall have actually commenced and thereafter proceeds to remedy the same with all due diligence and shall have provided to the Landlord, if requested by the Landlord, reasonable evidence as to the steps being taken by the Tenant toward remedying the same; or
(f) the The Tenant becomes bankrupt or insolvent or takes the benefit of any act now or hereafter in force statute for bankrupt or insolvent debtors or files any proposal or makes any propose, an assignment for the benefit of creditors or any arrangement of compromise; or
(g) a receiver with its creditors, or a receiver and manager is appointed for all or a portion of the Tenant’s property and the receiver’s appointment is not vacated within thirty (30) days; or
(h) any steps are taken or any action or proceedings are instituted by the Tenant or commenced by any other party including, without limitation, any court or governmental body of competent jurisdiction person for the dissolution, winding-up or other terminationof the Tenant's experience or the liquidation of its assets;
d) A trustee, receiver, receiver/manager or a person acting in a similar capacityis appointed with respect to the business or assets of the Tenant;
e) The Tenant makes a sale in bulk of all or a substantial portion of its assets assets,other than a corporate re-organization in conjunction with an assignment or sublease approved by the Landlord; This Lease or any of the Tenant Tenant's assets are taken under a writ of execution and such dissolution, winding-up or liquidation writ is not rescinded stayed or vacated within thirty fifteen (3015) days; ordays after the date of suchtaking;
(if) the The Tenant makes an assignment or sublease, other than in compliance withthe provisions of this Lease;
g) The Tenant abandons or attempts to abandon the Demised Premises or the Demised Premises becomes Premisesbecome vacant or substantially unoccupied for a period of sixty ten (6010) consecutive days or more without the consent of the Landlord;
h) The Tenant moves or commences, or
(j) this Lease is taken under any writ attempts or threatens to move its tradefixtures, chattels and equipment out of executionthe Premises; or
i) Any insurance policy covering any part of the Building is, or is threatened tobe, cancelled or adversely changed (k) the Tenant purports to make including a Transfer other than in compliance with this Lease, which Transfer is not withdrawn within ninety (90) days following written notice from the Landlord in respect thereof, then and in every such case the Landlord, in addition to any other rights or remedies it has pursuant to this Lease or by law, has the immediate right of re-entry upon the Demised Premises and it may repossess the Demised Premises, all without service of notice or resort to legal process and without the Landlord being considered guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby. Notwithstanding the foregoing and without limiting any other remedies, the Landlord may have arising out of this Lease or at law, upon the happening of a default by the Tenant under this Lease which the Tenant has not rectified within the time required pursuant to the provisions of this Lease, the Landlord shall have the right, without any re-entry or termination of this Lease, to enter upon the Demised Premises and cure or attempt to cure such default (but this shall not obligate the Landlord to cure or attempt to cure any such default or, after having commenced to cure or attempted to cure such default, to continue to do so), and to recover from the Tenant all damages and expenses incurred by the Landlord (plus 15% for administration costs) substantial premium increase} as a result of any breach action or omission by the TenantTenant or any personfor whom it is legally responsible.
Appears in 1 contract
Samples: Lease Agreement
Default and Right to Re. Enterenter
(a) the Tenant fails to complete the construction of the Building and/or the Community Spaces, in accordance with the terms of this Lease, the Project Agreement, the Heritage Agreement and/or the Contribution Agreement, any Rent is not paid within the timeframes set out in Section 8.2 hereof five (and subject to the cure periods set out therein)5) days after payment is due hereunder;
(b) the Tenant has breached any of its obligations in this Lease and, if such breach is capable of being remedied and is not otherwise listed in this Section 11.1, on receipt of notice in writing from the Landlord:
( i) the Tenant fails to enter into remedy such breach within ten (10) days (or such shorter period as may be provided in this Lease); or
( ii) if such breach cannot reasonably be remedied within ten (10) days (or such shorter period), the Lease for the Community Spaces Tenant fails to commence to remedy such breach within such ten (10) days (or attempts, at any time, such shorter period) or thereafter fails to terminate the Lease for the Community Spacesproceed diligently to remedy such breach;
(c) the Tenant fails to pay or any Rent or other sums due hereunder within thirty (30) days of the later of the day or dates appointed for the payment thereof and receipt of written notice by the Tenant from the Landlord of the amounts then outstanding;
(d) a default under Section 8.1 (a) that is not cured within a period of thirty (30) days following written notice thereof by the Landlord, or such longer time as would have reasonably sufficed for the remedying of such failure if the Tenant had commenced to remedy the same within thirty (30) days and thereafter proceeded to remedy the same with reasonable diligence, provided that the Tenant shall not be entitled to the advantage of such longer time unless it shall have actually proceeded thereafter to remedy the same with all due diligence and shall have provided to the Landlord, if requested by the Landlord, reasonable evidence as to the steps being taken by the Tenant toward remedying the same; or
(e) the Tenant fails to observe or perform any terms, covenants, obligations or conditions of this Lease, the Contribution Agreement, the Project Agreement and/or the Heritage Agreement, to be observed or performed by the Tenant, provided the Landlord first gives the Tenant thirty BATCHELD\4315610\5 BATCHELD\4315610\5 BATCHELD\4315610\5 BATCHELD\4315610\5 (30) days prior written notice of any such failure to perform (other than those terms, covenants or conditions set out below in subsections (f), (g), (h), (i) or (j), for which no notice is required) and the Tenant fails to cure such failure within such period of thirty (30) days or such longer time as would have reasonably sufficed for the remedying of such breach or non-performance, provided the Tenant has commenced to remedy the same within thirty (30) days and thereafter proceeds to remedy the same within all due diligence, further provided that the Tenant shall not be entitled to the advantage of such longer time unless it shall have actually commenced and thereafter proceeds to remedy the same with all due diligence and shall have provided to the Landlord, if requested by the Landlord, reasonable evidence as to the steps being taken by the Tenant toward remedying the same; or
(f) the Tenant indemnifier becomes bankrupt or insolvent or takes the benefit of any act now or hereafter in force statute for bankrupt or insolvent debtors or files any proposal or makes any proposal, an assignment for the benefit of creditors or any arrangement of compromise; or
(g) a receiver with its creditors, or a receiver and manager is appointed for all or a portion of the Tenant’s property and the receiver’s appointment is not vacated within thirty (30) days; or
(h) any steps are taken or any action or proceedings are instituted by the Tenant or commenced by any other party including, without limitation, any court or governmental body of competent jurisdiction person for the dissolution, winding-up or other termination of the Tenant’s existence or the liquidation of its assets;
(d) a trustee, receiver, receiver/manager, or a person acting in a similar capacity is appointed with respect to the business or assets of the Tenant or any indemnifier;
(e) the Tenant or any indemnifier makes a sale in bulk of all or a substantial portion of its assets assets, other than a corporate re-organization in conjunction with as assignment or sublease approved by the Landlord;
(f) this Lease or any of the Tenant Tenant’s assets are taken under a writ of execution, and such dissolution, winding-up or liquidation writ is not rescinded stayed or vacated within thirty fifteen (3015) days; ordays after such taking;
(ig) the Tenant makes an assignment or sublease, other than in compliance with the provisions of this Lease;
(h) the Tenant abandons or attempts to abandon the Demised Premises Premises, or the Demised Premises becomes become vacant or substantially unoccupied for a period of sixty (60) consecutive days or more without the consent of the Landlord, or
(j) this Lease is taken under any writ of execution; or
(k) the Tenant purports to make a Transfer other than in compliance with this Lease, which Transfer is not withdrawn within ninety (90) days following written notice from the Landlord in respect thereof, then and in every such case the Landlord, in addition to any other rights or remedies it has pursuant to this Lease or by law, has the immediate right of re-entry upon the Demised Premises and it may repossess the Demised Premises, all without service of notice or resort to legal process and without the Landlord being considered guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby. Notwithstanding the foregoing and without limiting any other remedies, the Landlord may have arising out of this Lease or at law, upon the happening of a default by the Tenant under this Lease which the Tenant has not rectified within the time required pursuant to the provisions of this Lease, the Landlord shall have the right, without any re-entry or termination of this Lease, to enter upon the Demised Premises and cure or attempt to cure such default (but this shall not obligate the Landlord to cure or attempt to cure any such default or, after having commenced to cure or attempted to cure such default, to continue to do so), and to recover from the Tenant all damages and expenses incurred by the Landlord (plus 15% for administration costs) as a result of any breach by the Tenant.ten
Appears in 1 contract
Samples: Lease Agreement