Common use of Default by Lessee Clause in Contracts

Default by Lessee. Lessee covenants and agrees that if Lessee shall make default in the payment of any Base Rental, Adjusted Base Rental or other charges required to be made by it to Lessor hereunder, or in the faithful performance of any other covenant to be performed by it hereunder, then Lessor may exercise any and all remedies available at law or in equity, including, but not limited to, declare this Agreement terminated and without additional notice to Lessee the Lessor or any of its agents may reenter the Leased Premises and remove all persons and property therefrom, with or without legal process and without prejudice to any of Lessor's other legal rights hereunder and/or, Lessor may take possession of the Leased Premises and re-let the same for the remainder of the term hereof for the account of Lessee, it being understood that under any of said options, Lessee shall remain liable for all rental and other sums payable under the provisions hereof. In the event of any reentry by Lessor, Lessee hereby expressly waives all claims for damages by reason hereof, as well as all claims for damages by reason of any eviction proceedings or proceedings by way of sequestration or any other legal proceedings which Lessor may employ to recover any sums due hereunder or possession of the Leased Premises.

Appears in 5 contracts

Samples: Lease Agreement (Hammons John Q Hotels Lp), Lease Agreement (Hammons John Q Hotels Lp), Lease Agreement (Hammons John Q Hotels Inc)

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Default by Lessee. If Lessee covenants should be in breach or default of or violate any of the terms and agrees that conditions of this Lease, or if the Lessee should assign or hypothecate this Lease or sublet the Demised Premises in a manner not provided by this Lease or otherwise dispose of the whole or any part of the Demised Premises or make any structural alterations therein without the prior written approval of the Lessor, or shall make default commit waste or suffer the same to be committed on said Demised Premises or injure or misuse the same, or if this Lease shall by operation of law, devolve upon or pass to anyone other than the Lessee, then this Lease shall thereupon, by virtue of this express stipulation expire and terminate, at the option of the Lessor, and the Lessor may, at any time thereafter re-enter said Demised Premises and shall have and possess all of the Lessor’s former estate, and without such re-entry, may recover possession thereof in the payment of any Base Rental, Adjusted Base Rental or other charges required manner prescribed by the statutes relating to be made by it to Lessor hereunder, or in the faithful performance of any other covenant to be performed by it hereunder, then Lessor may exercise any and all remedies available at law or in equity, including, but not limited to, declare this Agreement terminated and without additional notice to Lessee the Lessor or any of its agents may reenter the Leased Premises and remove all persons and property therefrom, with or without legal process and without prejudice to any of Lessor's other legal rights hereunder and/or, Lessor may take possession of the Leased Premises and re-let the same for the remainder of the term hereof for the account of Lessee, summary process; it being understood that under no demand for rent nor re-entry for condition broken, as at common law, shall be necessary to enable the Lessor to recover such possession pursuant to said statutes relating to summary process, that any of said options, Lessee shall remain liable for or all rental and other sums payable under the provisions hereof. In the event of right to any reentry by Lessor, Lessee such demand or any such re-entry is hereby expressly waives all claims for damages waived by reason hereof, as well as all claims for damages by reason of any eviction proceedings or proceedings by way of sequestration or any other legal proceedings which Lessor may employ to recover any sums due hereunder or possession of the Leased PremisesLessee.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Default by Lessee. Lessee covenants and agrees that if Lessee shall make default in the payment of any Base Rental, Adjusted Base [Illegible] [Illegible] ----------- ----------- Lessor Lessee Rental or other charges required to be made by it to Lessor hereunder, or in the faithful performance of any other covenant to be performed by it hereunder, then Lessor may exercise any and all remedies available at law or in equity, including, but not limited to, declare this Agreement terminated and without additional notice to Lessee the Lessor or any of its agents may reenter the Leased Premises and remove all persons and property therefrom, with or without legal process and without prejudice to any of Lessor's other legal rights hereunder and/or, Lessor may take possession of the Leased Premises and re-let the same for the remainder of the term hereof for the account of Lessee, it being understood that under any of said options, Lessee shall remain liable for all rental and other sums payable under the provisions hereof. In the event of any reentry by Lessor, Lessee hereby expressly waives all claims for damages by reason hereof, as well as all claims for damages by reason of any eviction proceedings or proceedings by way of sequestration or any other legal proceedings which Lessor may employ to recover any sums due hereunder or possession of the Leased Premises.

Appears in 1 contract

Samples: Lease Agreement (Hammons John Q Hotels Lp)

Default by Lessee. Lessee covenants and agrees that if Lessee shall make default in the payment of any Base Rental, Adjusted Base Rental rental or other charges required to be made by it its to Lessor hereunder, or in the faithful performance of any other covenant to be performed by it hereunder, and such default shall continue for a period of ten (10) days after written notice from Lessor to Lessee to remedy same, then Lessor may exercise any and all remedies available at law or in equity, including, but not limited to, declare this the Lease Agreement terminated as of the expiration of such ten (10) day period and without additional notice to Lessee the Lessor or any of its agents may reenter the Leased Premises and remove all persons and property therefrom, with or without legal process and without prejudice to any of Lessor's other legal rights hereunder and/orhereunder, or, Lessor may take possession of the Leased Premises and re-let the same for the remainder of the term hereof Lease Term for the account of Lessee, it being understood that under any either of said options, Lessee shall remain liable for all rental and other sums payable under the provisions hereof. In the event of any reentry by Lessor, Lessee hereby expressly waives all claims for damages by reason hereof, as well as all claims for damages by reason of any eviction proceedings or proceedings by way of sequestration or any other legal proceedings which Lessor may employ to or recover any sums due hereunder or possession of the Leased Premises.

Appears in 1 contract

Samples: Lease Agreement (Travelnowcom Inc)

Default by Lessee. Lessee covenants and agrees that if Lessee shall make default in the payment of any Base Rental, Adjusted Base [Illegible] [Illegible] _______________ _______________ Lessor Lessee Rental or other charges required to be made by it to Lessor hereunder, or in the faithful performance of any other covenant to be performed by it hereunder, then Lessor may exercise any and all remedies available at law or in equity, including, but not limited to, declare this Agreement terminated and without additional notice to Lessee the Lessor or any of its agents may reenter the Leased Premises and remove all persons and property therefrom, with or without legal process and without prejudice to any of Lessor's other legal rights hereunder and/or, Lessor may take possession of the Leased Premises and re-let the same for the remainder of the term hereof for the account of Lessee, it being understood that under any of said options, Lessee shall remain liable for all rental and other sums payable under the provisions hereof. In the event of any reentry by Lessor, Lessee hereby expressly waives all claims for damages by reason hereof, as well as all claims for damages by reason of any eviction proceedings or proceedings by way of sequestration or any other legal proceedings which Lessor may employ to recover any sums due hereunder or possession of the Leased Premises.

Appears in 1 contract

Samples: Lease Agreement (Hammons John Q Hotels Lp)

Default by Lessee. In the event Lessee covenants and agrees that fails to pay any installment of rent punctually when due, or fails to perform or violates any of the covenants, conditions, provisions or agreements herein contained, or if petition in bankruptcy shall be filed by or against Lessee shall or if Lessee, without the written consent of Lessor, closes the Leased Premises or discontinues active business therein for a period of three (3) consecutive months, or abandons, vacates or misuses the Leased Premises, or makes or attempts to make default any sale or removal of the principal part of Lessee’s movables or contents in the payment Leased Premises on which Lessor has Lessor liens or by any other means attempts to deprive Lessor of any Base Rental, Adjusted Base Rental or other charges required to be made by it to Lessor hereunderits Lessor’s liens thereon, or in denies Lessor the faithful performance opportunity of any other covenant showing the Leased Premises to be performed by it hereunderprospective tenants, as herein stipulated, then in said events or any of them, Lessor may exercise any and all remedies available at law or in equity, including, but not limited to, declare this Agreement terminated and without additional shall send written notice to Lessee the Lessor or any of its agents may reenter the Leased Premises such default and remove all persons if Lessee fails to cure such default within thirty-(30) days from and property therefrom, with or without legal process and without prejudice to any after receipt of Lessor's other legal rights hereunder and/orsuch notice, Lessor may take possession declare the Lessee to be in default of the Leased Premises its obligations hereunder and re-let the same for the remainder of the term hereof for the account of Lesseemay thereafter pursue such legal remedies as may be available to Lessor. Lessor may, it being understood that under any of said options, Lessee shall remain liable for all rental and other sums payable under the provisions hereof. In the event of any reentry by Lessor, Lessee hereby expressly waives all claims for damages by reason hereof, as well as all claims for damages by reason of any eviction proceedings or proceedings by way of sequestration or in addition to any other legal proceedings right or rights which Lessor may employ to recover any sums due hereunder have under the provision of this Lease or possession of the Leased Premises.by law, and at Lessor’s option:

Appears in 1 contract

Samples: Lease Agreement (RedHawk Holdings Corp.)

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Default by Lessee. Lessee covenants and agrees that if Lessee shall make default in the payment of any Base Rental, Adjusted Base [ILLEGIBLE] [ILLEGIBLE] ----------- ----------- Lessor Lessee Rental or other charges required to be made by it to Lessor hereunder, or in the faithful performance of any other covenant to be performed by it hereunder, then Lessor may exercise any and all remedies available at law or in equity, including, but not limited to, declare this Agreement terminated and without additional notice to Lessee the Lessor or any of its agents may reenter the Leased Premises and remove all persons and property therefrom, with or without legal process and without prejudice to any of Lessor's other legal rights hereunder and/or, Lessor may take possession of the Leased Premises and re-let the same for the remainder of the term hereof for the account of Lessee, it being understood that under any of said options, Lessee shall remain liable for all rental and other sums payable under the provisions hereof. In the event of any reentry by Lessor, Lessee hereby expressly waives all claims for damages by reason hereof, as well as all claims for damages by reason of any eviction proceedings or proceedings by way of sequestration or any other legal proceedings which Lessor may employ to recover any sums due hereunder or possession of the Leased Premises.

Appears in 1 contract

Samples: Lease Agreement (Hammons John Q Hotels Lp)

Default by Lessee. Lessee covenants and agrees that if Lessee shall make default in the payment of any Base Rental, Adjusted Base [ILLEGIBLE] [ILLEGIBLE] -------------------- -------------------- Lessor Lessee Rental or other charges required to be made by it to Lessor hereunder, or in the faithful performance of any other covenant to be performed by it hereunder, then Lessor may exercise any and all remedies available at law or in equity, including, but not limited to, declare this Agreement terminated and without additional notice to Lessee the Lessor or any of its agents may reenter the Leased Premises and remove all persons and property therefrom, with or without legal process and without prejudice to any of Lessor's other legal rights hereunder and/or, Lessor may take possession of the Leased Premises and re-let the same for the remainder of the term hereof for the account of Lessee, it being understood that under any of said options, Lessee shall remain liable for all rental and other sums payable under the provisions hereof. In the event of any reentry by Lessor, Lessee hereby expressly waives all claims for damages by reason hereof, as well as all claims for damages by reason of any eviction proceedings or proceedings by way of sequestration or any other legal proceedings which Lessor may employ to recover any sums due hereunder or possession of the Leased Premises.

Appears in 1 contract

Samples: Lease Agreement (Hammons John Q Hotels Lp)

Default by Lessee. If Lessee covenants should be in breach or default of or violate any of the terms and agrees that conditions of this Lease, or if the Lessee should assign or hypothecate this Lease or sublet the demised Premises in a manner not provided by this Lease or otherwise dispose of the whole or any part of the Demised Premises or make any structural alterations therein without the prior written approval of the Lessor, or shall make default commit waste or suffer the same to be committed on said Demised premises or injure or misuse the same, or if this Lease shall by operation of law, devolve upon or pass or anyone other than the Lessee, then this Lease shall thereupon, by virtue of this express stipulation expire and terminate, at the option of the Lessor, and the Lessor may, at any time thereafter re- enter said Demised Premises and shall have and possess all of the Lessor’s former estate, an without such re-entry may recover possession thereof in the payment of any Base Rental, Adjusted Base Rental or other charges required manner prescribed by the statutes relating to be made by it to Lessor hereunder, or in the faithful performance of any other covenant to be performed by it hereunder, then Lessor may exercise any and all remedies available at law or in equity, including, but not limited to, declare this Agreement terminated and without additional notice to Lessee the Lessor or any of its agents may reenter the Leased Premises and remove all persons and property therefrom, with or without legal process and without prejudice to any of Lessor's other legal rights hereunder and/or, Lessor may take possession of the Leased Premises and re-let the same for the remainder of the term hereof for the account of Lessee, summary process; it being understood that under no demand for rent nor re-entry for condition broken, as at common law, shall be necessary to enable the Lessor to recover such possession pursuant to said statutes relating to summary process, that any of said options, Lessee shall remain liable for all rental and other sums payable under the provisions hereof. In the event of or al right to any reentry by Lessor, Lessee such demand or any such re- entry is hereby expressly waives all claims for damages waived by reason hereof, as well as all claims for damages by reason of any eviction proceedings or proceedings by way of sequestration or any other legal proceedings which Lessor may employ to recover any sums due hereunder or possession of the Leased PremisesLessee.

Appears in 1 contract

Samples: Lease Agreement

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