Common use of Default by Tenant/Landlord’s Remedies Clause in Contracts

Default by Tenant/Landlord’s Remedies. (a) The following shall constitute events of default and in any of said events, Landlord at its option may during continuance of such default, terminate this Lease by written notice to Tenant, whereupon this Lease shall end: (i) Tenant's failure for five (5) days in paying any and all installments of Monthly Rental or Additional Rental, or monthly installments based on estimates thereof, reserved herein; or (ii) Tenant's failure for fifteen (15) days after written notice thereof in performing any other of its obligations hereunder; or (iii) the entry against Tenant of a decree or order for relief in an involuntary case under the federal bankruptcy laws (as now or hereafter constituted) or other applicable federal or state bankruptcy, insolvency or other similar law, or the appointment of a receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official) for Tenant or for any substantial part of Tenant's property, or an order for the winding-up of liquidation of Tenant's affairs and the continuance of any such decree or order is unstayed and in effect for a period of sixty (60) consecutive days; or, (iv) the commencement by Tenant of a voluntary case under the federal bankruptcy laws (as now or hereafter constituted) or any other applicable federal or state bankruptcy, insolvency, or other similar law, or the consent by Tenant to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian, sequestrator (or other similar official) for Tenant or for any substantial part of Tenant's property, or the making by Tenant of any assignment for the benefit of creditors, or the failure of Tenant generally to pay its debts as such debts become due, or the taking of corporate action by Tenant in furtherance of any of the foregoing; or (v) the levy upon or attachment under process against the Premises or Tenant's effects or interest therein which is not satisfied or dissolved within fifteen (15) days after such levy upon or attachment; or, (vi) the abandonment or vacating of the Premises by Tenant during the Term and (vii) in the event of a monetary default failure of Tenant to provide Landlord with an audited financial statement within sixty (60) days thereafter. After an authorized assignment the occurring of any of the foregoing defaults or events of default shall affect this Lease only if caused by or happening to the assignee. Upon such termination by Landlord, Tenant will at once surrender possession of the Premises to Landlord and remove all of Tenant's effects therefrom; and Landlord may forthwith re-enter the Premises and repossess itself thereof; and remove all persons and effects therefrom using such force as may be necessary without being guilty of or liable for trespass, forcible entry, detainer or other tort.

Appears in 1 contract

Samples: Lease Agreement (Cfi Mortgage Inc)

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Default by Tenant/Landlord’s Remedies. (a) A. Events of Default; Remedies. The following shall constitute events of default and in any of said events, Landlord at its option may during continuance of such default, terminate this Lease by written notice to Tenant, whereupon this Lease shall end: (i) Tenant's failure for five (5) days after Notice from Landlord in paying any and all installments Rent as set forth herein; provided, however, in the event Landlord is required to deliver Notice to Tenant to pay the Rent once in any consecutive twelve (12) month period, thereafter, Landlord shall not be obligated to provide Notice to Tenant and it shall be an event of Monthly Rental default for Tenant to fail to pay Rent on or Additional Rental, or monthly installments based on estimates thereof, reserved hereinbefore the fifth (5th) day of the month; or (ii) Tenant's failure for fifteen to observe or perform any item, covenant, or condition of this Lease on Tenant's part to be observed and performed (15other than the covenant to pay any and all Rent) and Tenant shall fail to remedy such default within thirty (30) days after written notice thereof in performing any other Notice by Landlord to Tenant of its obligations hereundersuch default; or (iii) the entry against Tenant of a decree or order for relief in an involuntary case under the federal bankruptcy laws (as now or hereafter constituted) or any other applicable federal or state bankruptcy, insolvency or other similar law, or the appointment of a receiver, liquidator, assignee, trustee, custodian, trustee, sequestrator (or similar official) for Tenant or for any substantial part of Tenant's property, or an order for the winding-up of or liquidation of Tenant's affairs and the continuance of any such decree affairs; or order is unstayed and in effect for a period of sixty (60) consecutive days; or, (iv) the commencement by Tenant of a voluntary case under the federal bankruptcy laws (as now constituted or hereafter constitutedamended) or any other applicable federal or state bankruptcy, insolvency, or other similar law, or the consent by Tenant to the appointment of or taking possession by a receiver, liquidator, assignee, custodian, trustee, custodian, sequestrator (or other similar official) for Tenant or for any substantial part of Tenant's property, or the making by Tenant of any assignment for the benefit of creditors, or the failure of Tenant generally to pay its debts as such debts become due, or the taking of corporate action by Tenant in furtherance of any of the foregoing; or (v) the levy upon or attachment under process against the Premises or Tenant's effects or interest therein which is not satisfied or dissolved within fifteen (15) days after such levy upon or attachment; or, (vi) therein. Upon the abandonment or vacating occurrence of the Premises by Tenant during the Term and (vii) in the any event of a monetary default failure beyond applicable notice and cure period, Landlord, at its option, may, during continuance of Tenant to provide Landlord with an audited financial statement within sixty (60) days thereafter. After an authorized assignment the occurring of any of the foregoing defaults or events of default shall affect such default, terminate this Lease only if caused by or happening to the assigneeLease. Upon such termination by Landlord, Tenant will at once surrender possession of the Premises to Landlord and remove all of Tenant's effects therefrom; and Landlord landlord may forthwith re-enter the Premises and repossess itself thereofthe Premises by any applicable action or procedure; and and, subject to applicable law, remove all persons and effects therefrom using such force as may be necessary without being guilty of or liable for trespass, forcible entry, detainer or other torttherefrom.

Appears in 1 contract

Samples: Office Lease Agreement (Igames Entertainment Inc)

Default by Tenant/Landlord’s Remedies. (a1) The following shall constitute events If Tenant continues in default for five (5) calendar days after Landlord gives Tenant written notice of default by Tenant in paying any and all rentals or additional rentals reserved herein; or if Tenant continues in default for five (5) calendar days after Landlord gives written notice to Tenant of Tenant's default in performing the obligations of Tenant hereunder, or is adjudicated bankrupt; or if a permanent receiver is appointed for Tenant's property, including Tenant's interest in the premises, and such receiver is not removed within sixty (60) days after written notice from Landlord to Tenant to obtain such removal; or if, whether voluntarily or involuntarily, Tenant takes advantage of any debtor relief proceedings under any present or future law, whereby the rent or any part thereof is deferred; or if Tenant makes an assignment for the benefit of creditors; or if the Premises or Tenant's effects or interest therein should be levied or dissolved within fifteen (15) days after written notice from Landlord to Tenant to obtain satisfaction thereof, or if the premises shall be abandoned by Tenant or become vacant during the term hereof (after an authorized assignment or subletting, the occurring of any of the foregoing defaults or events shall affect this lease only if upon the occurrence of any of said events, Landlord at its option may at once, or within six (6) months thereafter, but only during continuance of such defaultdefault or condition, terminate this Lease by written notice without being deemed to Tenant, whereupon this Lease shall end: (i) Tenant's failure for five (5) days in paying have made an election among remedies or to have waived any and all installments of Monthly Rental or Additional Rental, or monthly installments based on estimates thereof, reserved herein; or (ii) Tenant's failure for fifteen (15) days after written notice thereof in performing any other of its obligations hereunder; or (iii) the entry against Tenant of a decree or order for relief in an involuntary case under the federal bankruptcy laws (as now or hereafter constituted) or other applicable federal or state bankruptcy, insolvency or other similar law, or the appointment of a receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official) for Tenant or for any substantial part of Tenant's property, or an order for the winding-up of liquidation of Tenant's affairs and the continuance of any such decree or order is unstayed and in effect for a period of sixty (60) consecutive days; or, (iv) the commencement by Tenant of a voluntary case under the federal bankruptcy laws (as now or hereafter constituted) or any other applicable federal or state bankruptcy, insolvency, or other similar law, or the consent by Tenant to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian, sequestrator (or other similar official) for Tenant or for any substantial part of Tenant's property, or the making by Tenant of any assignment for the benefit of creditors, or the failure of Tenant generally to pay its debts as such debts become due, or the taking of corporate action by Tenant in furtherance of any of the foregoing; or (v) the levy upon or attachment under process against the Premises or Tenant's effects or interest therein which is not satisfied or dissolved within fifteen (15) days after such levy upon or attachment; or, (vi) the abandonment or vacating of the Premises by Tenant during the Term and (vii) in the event of a monetary default failure of Tenant to provide Landlord with an audited financial statement within sixty (60) days thereafter. After an authorized assignment the occurring of any of the foregoing defaults or events of default shall affect this Lease only if caused by or happening to the assignee. Upon such termination by Landlord, Tenant will at once surrender possession of the Premises to Landlord and remove all of Tenant's effects therefrom; and Landlord may forthwith re-enter the Premises and repossess itself thereof; and remove all persons and effects therefrom using such force as may be necessary without being guilty of or liable for trespass, forcible entry, detainer or other tortrights.

Appears in 1 contract

Samples: Lease Agreement (International Airline Support Group Inc)

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Default by Tenant/Landlord’s Remedies. (a) The following shall constitute events of default and in any (an “Event of said events, Landlord at its option may during continuance of such default, terminate this Lease by written notice to Tenant, whereupon this Lease shall end: Default”): (i) Tenant's ’s failure for five (5) business days after written notice thereof in paying any and all installments of Monthly Rental or Additional Rental, or monthly installments based on estimates thereof, reserved Rent as set forth herein; or (ii) Tenant's ’s failure for fifteen to observe or perform any item, covenant, or condition of this Lease on Tenant’s part to be observed and performed (15other than the covenant to pay any and all Rent) and Tenant fails to remedy such default within thirty (30) days after written notice thereof in performing any other by Landlord to Tenant of its obligations hereundersuch default, or if such default is of such a nature that it cannot be completely remedied within said period of thirty (30) days and Tenant does not commence within said period of thirty (30) days, or does not thereafter diligently pursue completing all steps necessary to remedy such default; or (iii) the entry against Tenant of a decree or order for relief in an involuntary case under the federal bankruptcy laws (as now or hereafter constituted) or any other applicable federal or state bankruptcy, insolvency or other similar law, or the appointment of a receiver, liquidator, assignee, trustee, custodian, trustee, sequestrator (or similar official) for Tenant or for any substantial part of Tenant's ’s property, or an order for the winding-up of liquidation of Tenant's ’s affairs and the continuance of any such decree or order is unstayed and in effect for a period of sixty (60) consecutive days; or, or (iv) the commencement by Tenant of a voluntary case under the federal bankruptcy laws (as now constituted or hereafter constitutedamended) or any other applicable federal or state bankruptcy, insolvency, or other similar law, or the consent by Tenant to the appointment of or taking possession by a receiver, liquidator, assignee, custodian, trustee, custodian, sequestrator (or other similar official) for Tenant or for any substantial part of Tenant's ’s property, or the making by Tenant of any assignment for the benefit of creditors, or the failure of Tenant generally to pay its debts as such debts become due, or the taking of corporate action by Tenant in furtherance of any of the foregoing; or (v) the levy upon or attachment under process against the Premises or Tenant's ’s effects or interest therein which is not satisfied or dissolved within fifteen (15) days after such levy upon or attachment; or, or (vi) the abandonment or vacating vacancy of the Premises by Tenant during the Term and (vii) in the event of a monetary default failure this Lease without payment of Tenant to provide Landlord with an audited financial statement within sixty (60) days thereafterRent. After an authorized assignment or subletting, the occurring occurrence of any of the foregoing defaults or events Event of default shall Default affect this Lease only if caused by or happening to the assignee. Upon such termination by Landlord, Tenant will at once surrender possession of the Premises to Landlord and remove all of Tenant's effects therefrom; and Landlord may forthwith re-enter the Premises and repossess itself thereof; and remove all persons and effects therefrom using such force as may be necessary without being guilty of assignee or liable for trespass, forcible entry, detainer or other tortsublessee.

Appears in 1 contract

Samples: Lease Agreement (Brown & Brown Inc)

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