Default Clause. In the event: (a) Lessee fails to comply with any term, provision, condition, or covenant of this Agreement or any of the rules and regulations now or hereafter established for the government of the Building within 30 days written notice from Lessor; (b) Lessee abandons the Demised Premises; (c) any petition is filed by or against Lessee under any section or chapter of the U.S. Bankruptcy Code, as amended or under any similar law or statute of the United States or any state thereof; (d) Lessee becomes insolvent or makes a transfer in fraud of creditors; (e) Lessee makes an assignment for benefit of creditors; or (f) a receiver is appointed for Lessee or any of the assets of Lessee and is not discharged within sixty (60) days thereafter, then in any such events, Lessor shall have the option to do any one or more of the following without any notice or demand, in addition to and not in limitation of any other remedy permitted by law or by this Agreement: (1) Terminate this Agreement, in which event Lessee shall immediately surrender the Demised Premises to the Lessor, but if Lessee shall fail to do so, Lessor may, without notice and without prejudice to any other remedy Lessor may have for possession or arrearages in rent, enter upon and take possession of the Demised Premises and expel or remove Lessee and its effects by force if necessary, without being liable to prosecution or any claim for damages thereof; and Lessee agrees to indemnify Lessor for all loss and damage which Lessor may suffer by reason of such termination, whether through inability to relet the Demised Premises on satisfactory terms, or through decrease in rent, or otherwise. (2) Provided Lessor has terminated the Lease, declare the entire amount of the rent which would have become due and payable during the remainder of the term of this Agreement over and above the amount that Lessee proves Lessor could receive by reletting the Demised Premises to be due and payable immediately, in which event, Lessee agrees to pay the same at once, together with all rents theretofore due, to Lessor at the address specified herein or hereunder; provided, however, that such payment shall not constitute a penalty or forfeiture or liquidated damages, but shall merely constitute payment in advance of the rent for the remainder of said term. The acceptance of such payment by Lessor shall not constitute a waiver of any failure of Lessee thereafter occurring to comply with any term, provision, condition, or covenant of this Agreement. (3) Enter upon and take possession of the Demised Premises as the agent of Lessee, and Lessor shall use reasonable efforts to relet the Demised Premises as the agent of the Lessee and receive the rent therefore; and in such event, Lessee shall pay Lessor the cost of renovating, repairing and altering the Demised Premises for a new lessee or lessees and any deficiency that may arise by reason of such reletting or demand at the address of Lessor specified herein or hereunder; provided however, the failure or refusal of Lessor to relet the Demised Premises shall not release or affect lessee's liability for rent or for damages and such rent and damages shall be paid by Lessee on the dates specified herein. (4) Lessor may as agent of Lessee, do whatever Lessee is obligated to by the provisions of this Agreement and may enter the Demised Premises, in order to accomplish this purpose. Lessee agrees to reimburse Lessor immediately upon demand for any expenses, which Lessor may incur in thus effecting compliance with this Agreement on behalf of Lessee Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies herein provided or any other remedies provided by law.
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Samples: Lease Agreement (hopTo Inc.)
Default Clause. (1) In case default be made by Lessee at any time in the event: due payment of any installment of rent or in the due payment or any other sum payable by Lessee to Lessor under the provisions hereof, and such default shall continue for a period of thirty (a30) days after written demand by Lessor, or (2) if default shall be made by Lessee fails to comply with in the due observance and performance of any term, provisionother covenant, condition, or covenant stipulation herein agreed by Lessee to be by it observed or performed, and such default shall continue for a period of this Agreement or any thirty (30) days from date of the rules and regulations now or hereafter established for the government of the Building within 30 days written notice from Lessor; (b) by Lessor to Lessee abandons detailing the Demised Premises; (c) particular of such default and requiring it to make good any petition is filed by or against Lessee under any section or chapter of the U.S. Bankruptcy Code, as amended or under any similar law or statute of the United States or any state thereof; (d) Lessee becomes insolvent or makes a transfer in fraud of creditors;
(e) Lessee makes an assignment for benefit of creditors; or (f) a receiver is appointed for Lessee or any of the assets of Lessee and is not discharged within sixty (60) days thereaftersuch last mentioned default, then and in any such eventsevent described in (1) or (2) hereinabove, Lessor at any time thereafter shall have the option full right, at its election to do any one or more of enter in, into, and upon the following without any notice or demand, in addition to and not in limitation of any other remedy permitted by law or premises covered by this Agreement:
(1) Terminate this Agreement, in which event Lessee shall immediately surrender the Demised Premises to the Lessor, but if Lessee shall fail to do so, Lessor may, without notice and without prejudice to any other remedy Lessor may have for possession or arrearages in rent, enter upon lease and take possession of the Demised Premises same together with all buildings and expel or remove Lessee improvements thereon, and its effects by force if necessaryfrom time of such entry, without being liable to prosecution or any claim for damages thereof; this lease shall become void and Lessee agrees to indemnify Lessor for all loss of no effect and damage which Lessor may suffer enter upon, take possession, hold and retain the said premises and all buildings and improvements thereto as of its first or former estate, and this lease shall be forfeited to Lessor, and Lessor may bring suit for and collect all the rents, taxes, assessments, charges, liens, penalties and damages including damages to Lessor by reason of such terminationbreach or default on the part of Lessee which shall have accrued up to the time of such entry, whether through inability and Lessor may, if it elects so to relet do, bring suit to collect all such rents, taxes, assessments, charges, liens, penalties and damages in the Demised Premises on satisfactory terms, or through decrease in rent, or otherwise.
(2) Provided Lessor has terminated the Lease, declare the entire amount event of the rent which would have become due and payable during the remainder of the term of any default as aforesaid without voiding this Agreement over and above the amount that Lessee proves Lessor could receive by reletting the Demised Premises to be due and payable immediately, in which event, Lessee agrees to pay the same at once, together with all rents theretofore due, to Lessor at the address specified herein or hereunderlease; provided, however, that any mortgagee of any leasehold interest under this lease, who Lessor has agreed to notify in case of default, may avoid forfeiture of this lease as herein provided by satisfying and curing, within a period of thirty (30) days, as the case may be, after written demand upon it by Lessor, the default consequent whereon such payment right of forfeiture shall not constitute accure. All things so done and performed by such a penalty or mortgagee to cure a default by Lessee shall be effective to prevent a forfeiture or liquidated damages, but shall merely constitute payment in advance of the rent for the remainder of said term. The acceptance of such payment by Lessor shall not constitute a waiver of any failure rights of Lessee thereafter occurring under this lease as the same would have been if done and performed by Lessee instead of a mortgages. If Lessor considers that Lessee has failed to comply with any termone or more of its obligations hereunder, provisioneither expressed or implied, condition, and whether the alleged breach be either active or covenant of this Agreement.
(3) Enter upon and take possession of the Demised Premises as the agent of Lesseepassive, and Lessor undertakes to give Lessee written notice of default as provided for herein, Lessor shall use reasonable efforts to relet the Demised Premises in said written notice set out specifically in what respects Lessor claims Lessee has breached this lease. If within thirty (30) days, as the agent case may be, after receipt of such notice Lessee shall meet or commence to meet the Lessee and receive the rent therefore; and in such eventbreaches alleged by Lessor, Lessee shall pay Lessor not be deemed in default hereunder. The service of written notice with itemized and particularized allegations of breach, and the cost lapse of renovatingthirty (30) days, repairing and altering as the Demised Premises for a new lessee cast may be, without Lessee’s meeting or lessees and any deficiency that may arise by reason of such reletting or demand at commencing to meet the address of Lessor specified herein or hereunder; provided however, the failure or refusal of Lessor to relet the Demised Premises shall not release or affect lessee's liability for rent or for damages and such rent and damages alleged breaches shall be paid a condition precedent to any action, be it legal or otherwise by Lessee Lessor on the dates specified hereinthis lease.
(4) Lessor may as agent of Lessee, do whatever Lessee is obligated to by the provisions of this Agreement and may enter the Demised Premises, in order to accomplish this purpose. Lessee agrees to reimburse Lessor immediately upon demand for any expenses, which Lessor may incur in thus effecting compliance with this Agreement on behalf of Lessee Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies herein provided or any other remedies provided by law.
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Default Clause. In If rent is not paid within five (5) days after the event: date same is due (ano demand for rent or notice to Pay being required); or if Tenant defaults for thirty (30) Lessee fails to comply with days after written notice thereof in performing any termother of Tenant's obligations hereunder; or if Tenant is adjudicated as bankrupt; or if a permanent receiver is appointed for Tenant's property, provisionincluding Tenant's interest in Premises, condition, or covenant of this Agreement or any of the rules and regulations now or hereafter established for the government of the Building such receiver is not removed within 30 sixty (60) days after written notice from LessorLandlord to Tenant to obtain such removal; (b) Lessee abandons the Demised Premises; (c) or if, whether voluntarily or involuntarily, Tenant takes advantage of any petition is filed by or against Lessee debtor relief proceedings under any section present or chapter of future law, whereby the U.S. Bankruptcy Code, as amended or under any similar law or statute of the United States rent or any state thereofpart thereof is, or is proposed to be, reduces or payment thereof deferred; (d) Lessee becomes insolvent or makes a transfer in fraud of creditors;
(e) Lessee if Tenant makes an assignment for benefit of creditors; of if Premises or Tenant's effects or interest therein should be levied upon or attached under process against Tenant, not satisfied or dissolved within thirty (f30) a receiver is appointed for Lessee or days after written notice from Landlord to Tenant to obtain satisfaction thereof; then, and in any of the assets of Lessee and is not discharged within sixty (60) days thereafter, then in any such said events, Lessor shall have the Landlord at its option to do any one or more of the following without any notice or demand, in addition to and not in limitation of any other remedy permitted by law or by this Agreement:
(1) Terminate this Agreement, in which event Lessee shall immediately surrender the Demised Premises to the Lessor, but if Lessee shall fail to do so, Lessor may, without notice and without prejudice to any other remedy Lessor may have for possession or arrearages in rent, enter upon and take possession of the Demised Premises and expel or remove Lessee and its effects by force if necessary, without being liable to prosecution or any claim for damages thereof; and Lessee agrees to indemnify Lessor for all loss and damage which Lessor may suffer by reason of such termination, whether through inability to relet the Demised Premises on satisfactory terms, or through decrease in rent, or otherwise.
(2) Provided Lessor has terminated the Lease, declare the entire amount of the rent which would have become due and payable during the remainder of the term of this Agreement over and above the amount that Lessee proves Lessor could receive by reletting the Demised Premises to be due and payable immediately, in which event, Lessee agrees to pay the same at once, together with all rents theretofore due, to Lessor at the address specified herein or hereunder; provided, however, that such payment shall not constitute a penalty or forfeiture or liquidated damages, within six (6) months thereafter (but shall merely constitute payment in advance of the rent for the remainder of said term. The acceptance only during continuance of such payment default or condition) terminate this Lease by Lessor shall not constitute a waiver of any failure of Lessee thereafter written notice to Tenant. After an authorized assignment or subletting the occurring to comply with any term, provision, condition, or covenant of this Agreement.
(3) Enter upon and take possession of the Demised Premises as the agent of Lessee, and Lessor shall use reasonable efforts to relet the Demised Premises as the agent of the Lessee and receive the rent therefore; and in such event, Lessee shall pay Lessor the cost of renovating, repairing and altering the Demised Premises for a new lessee or lessees and any deficiency that may arise by reason of such reletting or demand at the address of Lessor specified herein or hereunder; provided however, the failure or refusal of Lessor to relet the Demised Premises shall not release or affect lessee's liability for rent or for damages and such rent and damages shall be paid by Lessee on the dates specified herein.
(4) Lessor may as agent of Lessee, do whatever Lessee is obligated to by the provisions of this Agreement and may enter the Demised Premises, in order to accomplish this purpose. Lessee agrees to reimburse Lessor immediately upon demand for any expenses, which Lessor may incur in thus effecting compliance with this Agreement on behalf of Lessee Pursuit of any of the foregoing remedies defaults or events shall not preclude pursuit affect this Lease only if caused by or happening to the assignee or sublessee. Upon such termination by Landlord, Tenant will at once surrender possession of any Premises to Landlord and remove all of Tenant's effects therefrom; and Landlord may forthwith re-enter the Premises and repossess himself thereof, and remove all persons and effects therefrom, using such force as may be necessary without being guilty of trespass, forcible entry or detainer or other remedies herein provided or any other remedies provided by lawtort.
Appears in 1 contract
Default Clause. In the event: (a) Lessee fails to comply with If Tenant defaults for 3 days after written notice thereof in paying said rent; or if Tenant defaults for 30 days after written notice thereof in performing any term, provision, conditionother or his obligations hereunder; or if Tenant is adjudicated a bankrupt, or covenant of this Agreement or any of the rules if a permanent receiver is appointed for Tenant's property, including Tenant's interest in Premises, and regulations now or hereafter established for the government of the Building such receiver is not removed within 30 60 days after written notice from LessorLandlord to Tenant to obtain such removal; (b) Lessee abandons the Demised Premises; (c) or if, whether voluntarily or involuntarily, Tenant takes advantage of any petition is filed by or against Lessee debtor relief proceedings under any section present or chapter of future law, whereby the U.S. Bankruptcy Code, as amended or under any similar law or statute of the United States rent or any state thereofpart thereof is, or is proposed to be, reduced or payment thereof deferred; (d) Lessee becomes insolvent or makes a transfer in fraud of creditors;
(e) Lessee if Tenant makes an assignment for benefit of creditors; or (f) a receiver is appointed for Lessee if Premises or Tenant's effects or interest therein should be levied upon or attached under process against Tenant, not satisfied or dissolved within 30 days after written notice from Landlord to Tenant to obtain satisfaction thereof, then, and in any of the assets of Lessee and is not discharged within sixty (60) days thereafter, then in any such said events, Lessor shall have the Landlord at his option to do any one or more of the following without any notice or demand, in addition to and not in limitation of any other remedy permitted by law or by this Agreement:
(1) Terminate this Agreement, in which event Lessee shall immediately surrender the Demised Premises to the Lessor, but if Lessee shall fail to do so, Lessor may, without notice and without prejudice to any other remedy Lessor may have for possession or arrearages in rent, enter upon and take possession of the Demised Premises and expel or remove Lessee and its effects by force if necessary, without being liable to prosecution or any claim for damages thereof; and Lessee agrees to indemnify Lessor for all loss and damage which Lessor may suffer by reason of such termination, whether through inability to relet the Demised Premises on satisfactory terms, or through decrease in rent, or otherwise.
(2) Provided Lessor has terminated the Lease, declare the entire amount of the rent which would have become due and payable during the remainder of the term of this Agreement over and above the amount that Lessee proves Lessor could receive by reletting the Demised Premises to be due and payable immediately, in which event, Lessee agrees to pay the same at once, together with all rents theretofore due, to Lessor at the address specified herein or hereunder; provided, however, that such payment shall not constitute a penalty or forfeiture or liquidated damages, anytime thereafter (but shall merely constitute payment in advance of the rent for the remainder of said term. The acceptance only during continuance of such payment default or condition) terminate this Lease by Lessor written notice to Tenant; whereupon this Lease shall not constitute a waiver end. After an authorized assignment of any failure of Lessee thereafter occurring to comply with any term, provision, condition, or covenant of this Agreement.
(3) Enter upon and take possession of the Demised Premises as the agent of Lessee, and Lessor shall use reasonable efforts to relet the Demised Premises as the agent of the Lessee and receive the rent therefore; and in such event, Lessee shall pay Lessor the cost of renovating, repairing and altering the Demised Premises for a new lessee or lessees and any deficiency that may arise by reason of such reletting or demand at the address of Lessor specified herein or hereunder; provided howeversubletting, the failure or refusal of Lessor to relet the Demised Premises shall not release or affect lessee's liability for rent or for damages and such rent and damages shall be paid by Lessee on the dates specified herein.
(4) Lessor may as agent of Lessee, do whatever Lessee is obligated to by the provisions of this Agreement and may enter the Demised Premises, in order to accomplish this purpose. Lessee agrees to reimburse Lessor immediately upon demand for any expenses, which Lessor may incur in thus effecting compliance with this Agreement on behalf of Lessee Pursuit occurring of any of the foregoing remedies defaults or events shall not preclude pursuit effect this Lease only if caused by or happening to the assignee or sublessee. Upon such termination by Landlord, Tenant will at once surrender possession of any Premises to Landlord and remove all of Tenant's effects therefrom; and Landlord may forthwith re-enter the Premises and repossess himself thereof, and remove all persons and effects therefrom, using such forces as may be necessary without being guilty of trespass, forcible entry or detainer of other remedies herein provided or any other remedies provided by lawtort.
Appears in 1 contract
Default Clause. In (i) If the event: Tenant shall default in the payment of rent on the date of payment as hereinabove provided (aand if such default shall continue for a period of twenty (20) Lessee fails to comply with any termdays, provision, conditionafter receipt by Tenant of written notice thereof), or (ii) (except as otherwise herein provided) in the event that Tenant shall default or fail in the performance of a covenant or agreement to be performed by it under this Lease, and such default shall not have been cured for a period of this Agreement thirty (30) days after receipt by Tenant of written notice, or any if such default cannot with due diligence be cured within thirty (30) days after receipt by Tenant of written notice, and Tenant shall not have commenced the rules and regulations now remedying thereof within such period or hereafter established shall not be proceeding with due diligence to remedy it (it being intended in connection with a default not susceptible of being cured by Tenant with due diligence within thirty (30) days, that the time within which to remedy same shall be extended for such period as may be necessary to complete same with due diligence), or (iii) if the government of the Building within 30 days written notice from Lessor; (b) Lessee abandons the Demised Premises; (c) any petition is filed by or against Lessee under any section or chapter of the U.S. Bankruptcy Code, as amended or under any similar law or statute of the United States or any state thereof; (d) Lessee becomes insolvent or makes a transfer in fraud of creditors;
(e) Lessee makes Tenant shall make an assignment for the benefit of creditors; creditors or (f) file a voluntary petition in bankruptcy or be adjudicated a bankrupt or insolvent by any court, or file a petition for reorganization or an arrangement under the Federal Bankruptcy Code or any State Insolvency Act, or a receiver is or trustee for its property shall be appointed for Lessee or in any of the assets of Lessee proceeding other than a bankruptcy proceeding, and is such appointment shall not discharged be vacated within sixty ninety (6090) days thereafterafter it has been made, then in any such eventsaddition to all other rights and remedies provided for under this Lease, Lessor shall have at law or in equity, after service of written notice informing Tenant of termination of this Lease in ten (10) days, at the option to do any one or more end of the following without tenth day, it shall be lawful for the Landlord, to terminate this Lease and to enter into said Premises or any notice or demandpart hereof, in addition to and not in limitation of any other remedy permitted by law or by this Agreement:
(1) Terminate this Agreement, in which event Lessee shall immediately surrender the Demised Premises to the Lessor, but if Lessee shall fail to do so, Lessor may, without notice and without prejudice to any other remedy Lessor may have for possession or arrearages in rent, enter upon and take possession of the Demised Premises and expel or remove Lessee and its effects by force if necessary, without being liable to prosecution the said Tenant or any claim for damages thereof; person or persons occupying said Premises, and Lessee agrees so to indemnify Lessor for all loss repossess and damage which Lessor may suffer by reason of such termination, whether through inability to relet enjoy the Demised Premises on satisfactory terms, or through decrease in rent, or otherwise.
(2) Provided Lessor has terminated the Lease, declare the entire amount of the rent which would have become due and payable during the remainder of the term of this Agreement over and above the amount that Lessee proves Lessor could receive by reletting the Demised Premises to be due and payable immediately, in which event, Lessee agrees to pay the same at once, together with all rents theretofore due, to Lessor at the address specified herein or hereundersaid Premises; provided, however, that if any voluntary or involuntary proceeding for a reorganization or an arrangement is instituted, and no application is made in any such proceeding and no relief is requested therein by the Tenant to reject this Lease, or to reform or recast the same or for any change, modification or alteration of any of the terms, covenants and conditions of this Lease or to relieve the Tenant from the punctual payment shall not constitute a penalty or forfeiture or liquidated damages, but shall merely constitute payment in advance of the rent for or other charges required to be paid by Tenant under this Lease, and if all rent and other charges due from Tenant under this Lease are paid within ten (10) days after the remainder notice from Landlord to Tenant hereinbefore provided for, and all of said term. The acceptance the terms, covenants and conditions of such payment this Lease required to be performed by Lessor shall not constitute a waiver Tenant are promptly performed and complied with within thirty (30) days after written notice of any failure of Lessee thereafter occurring to comply with any term, provision, conditionnon-performance thereof, or covenant of this Agreement.
(3) Enter upon and take possession of the Demised Premises as the agent of Lessee, and Lessor shall use reasonable efforts to relet the Demised Premises as the agent of the Lessee and receive the rent therefore; and in such event, Lessee shall pay Lessor the cost of renovating, repairing and altering the Demised Premises for if a new lessee or lessees and any deficiency that may arise default by reason of such reletting non-performance cannot with due diligence be cured within thirty (30) days after receipt by Tenant of such written notice, if Tenant shall have commenced the remedying thereof within such period or demand at shall be proceeding with due diligence to remedy it (it being intended in connection with a default non-susceptible of being cured by Tenant with due diligence within thirty (30) days that the address of Lessor specified herein or hereunder; time within which to remedy same shall be extended for such period as may be necessary to complete same with due diligence), then this Lease shall not be so terminated, but shall continue in full force and effect, provided however, nothing herein contained shall modify the failure rights of the Landlord or refusal the obligations of Lessor the Tenant with respect to relet this Lease under the Demised Federal Bankruptcy Code in the event of the filing of a petition thereunder by the Tenant. Simultaneously with the sending of notice of default to Tenant as above-mentioned, Landlord shall send a copy of such notice by registered mail, return receipt required, the Anchor Tenant of Tenant and the record holders of any leasehold mortgage that shall affect the Premises (sometime referred to herein as “Leasehold Mortgagee”), provided such parties have registered their names and addresses with the Landlord prior to any such default. Any anchor tenant of Tenant, or the holders of any leasehold mortgage shall not release or affect lessee's liability be entitled to effect a cure of any default of Tenant hereunder upon the same terms and conditions as provided herein for rent or for damages cure by Tenant and such cure shall be of the same effect as if Tenant had cured the default in a timely manner. (See also Article 18, Fee and Leasehold Mortgages, of this Lease for further exposition of the issues raised hereunder.) Should the Lease term at any time be terminated under the terms and conditions hereof, or in any other way, the Tenant hereby covenants and agrees to surrender and deliver the Premises peaceably to the said Landlord immediately upon the termination of said term and the improvements, if any, in broom clean condition, free and clear of all refuse and debris. In the event of termination of this Lease pursuant to the provision of this Article 15, the Tenant shall remain liable for the equivalent of the amount of all net rent reserved herein less any amounts received by Landlord from reletting, if any, after deducting therefrom the reasonable cost of obtaining possession of the premises and damages of any repairs and alterations necessary to repair them for reletting. Any and all monthly deficiencies so payable by the Tenant shall be paid by Lessee monthly on the dates specified herein.
(4) Lessor may as agent of Lessee, do whatever Lessee is obligated to by the provisions of this Agreement and may enter the Demised Premises, in order to accomplish this purpose. Lessee agrees to reimburse Lessor immediately upon demand for any expenses, which Lessor may incur in thus effecting compliance with this Agreement on behalf of Lessee Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies date herein provided for the payment of rent and any amount not so paid shall bear interest at the lesser of 8% per annum or any other remedies provided by lawthe maximum legal rate.
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Default Clause. In the event: (ai) Lessee fails to make any payment required to be made by Lessee to Lessor pursuant to this Lease within five (5) days of written notice from Lessor that the same is due and payable; (ii) Lessee fails (other than a failure covered by (a) above) to comply with any term, provision, condition, or covenant of this Agreement Lease or any of the rules and regulations now or hereafter established for the government of the Building within 30 and such failure continues for a period of thirty (30) days after written notice from Lessorthereof, provided, however, that if such failure does not materially affect the Building or other tenants in the Building and the nature of such failure is such that the same cannot reasonably be cured within a thirty (30) day period, Lessee shall not be deemed to be in default if it shall commence such cure within such thirty (30) day period and thereafter rectify and cure such failure with due diligence; (biii) Lessee deserts, abandons or vacates the Demised PremisesPremises for a continuous period of more than sixty (60) days; (civ) any petition is filed by or against Lessee under any section or chapter of the U.S. Bankruptcy Code, as amended any bankruptcy act or under any similar law or statute of the United States or any state thereofits subdivisions and if such petition is filed against Lessee and is not dismissed within thirty (30) days; (dv) Lessee becomes insolvent or makes a transfer in fraud of creditors;
; (evi) Lessee makes an assignment for the benefit of creditors; or (fvii) a receiver is appointed for Lessee or any of the assets of Lessee and is not discharged within sixty (60) days thereafterLessee, then then, in any of such events, Lessor shall have the option to do any one or more of the following without any notice or demand, in addition to and not in limitation of any other remedy permitted by law available to Lessor at law, in equity or by under this AgreementLease:
(1A) Terminate this AgreementLease, in which event Lessee shall immediately surrender the Demised Premises to the Lessor, but and if Lessee shall fail to do so, Lessor may, without notice and without prejudice to any other remedy Lessor may have for possession or arrearages in rent, enter upon and take possession of the Demised Premises and expel or remove Lessee and its effects by force if necessary, without being liable to prosecution or any claim for damages thereoftherefor; and Lessee agrees to indemnify Lessor for all loss loss, damage, and damage expense, including reasonable attorney’s fee, which Lessor may suffer by reason of such termination, whether through inability to relet the Demised Premises on satisfactory commercially reasonable terms, or through decrease in rent, or otherwise.; and/or
(2) Provided Lessor has terminated the Lease, declare the entire amount of the rent which would have become due and payable during the remainder of the term of this Agreement over and above the amount that Lessee proves Lessor could receive by reletting the Demised Premises to be due and payable immediately, in which event, Lessee agrees to pay the same at once, together with all rents theretofore due, to Lessor at the address specified herein or hereunder; provided, however, that such payment shall not constitute a penalty or forfeiture or liquidated damages, but shall merely constitute payment in advance of the rent for the remainder of said term. The acceptance of such payment by Lessor shall not constitute a waiver of any failure of Lessee thereafter occurring to comply with any term, provision, condition, or covenant of this Agreement.
(3B) Enter upon and take possession of the Demised Premises as the agent of Lessee, without being liable to prosecution or any claim for damages therefor, and Lessor shall use reasonable efforts to may relet the Demised Premises as the agent of the Lessee and receive the rent thereforetherefor; and in such event, Lessee shall pay Lessor the cost of for renovating, repairing and altering the Demised Premises (to building standard finish) for a new lessee tenant or lessees tenants and for any deficiency that may arise by reason of such reletting or reletting, on demand at the address of Lessor specified herein or hereunder; provided provided, however, that the failure or refusal of Lessor to relet the Demised Premises shall not release or affect lessee's Lessee’s liability for rent or for damages and such rent and damages shall be paid by Lessee on the dates specified herein.; and/or
(4C) Lessor may may, as agent of for Lessee, do whatever Lessee is obligated to do by the provisions of this Agreement Lease and may enter the Demised Premises, without being liable to prosecution or any claim for damages therefor, in order to accomplish this purpose. Lessee agrees to reimburse Lessor immediately upon demand for any expenses, expenses which Lessor may incur in thus effecting compliance with this Agreement Lease on behalf of Lessee, and Lessee further agrees that Lessor shall not be liable for any damages resulting to Lessee from such action, whether caused by the negligence of Lessor or otherwise. Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies herein provided or any other remedies available at law or in equity. In the event Lessee, or Lessee’s subsidiary or affiliate, shall have other leases for other premises in the Building, any default by Lessee under such other leases shall be deemed to be a default herein and Lessor shall be entitled to enforce all rights and remedies as provided by lawfor a default herein.
Appears in 1 contract
Default Clause. If the Tenant should default in the payment of any rent herein reserved or in the performance of any of its obligations under this lease, and if the Landlord should give to the Tenant notice in writing of such default and the Tenant should fail to cure the default with thirty (30) days after the date of receipt of such notice, or if the default should be of such a character as to require more than thirty (30) days to cure and the Tenant should fail to use reasonable diligence in curing such default, then and in an such event, the Landlord may, at Landlord's option, terminate this lease. In the event: event (a) Lessee fails to comply with any term, provision, conditionTenant should cease its operations on the leased premises for a period of six (6) months, or covenant of this Agreement or any of the rules and regulations now or hereafter established for the government of the Building within 30 days written notice from Lessor; (b) Lessee abandons Tenant should abandon the Demised Premisesleased premises, then Landlord may, at its election terminate this lease by written notice thereof to Tenant; (cprovided, however, should Tenant's cessation of operations be due to Acts of God, strikes, war, force majeure, or other causes beyond the control of Tenant, then unless said termination is authorized by other provisions of this lease) during such period of cessation, so caused, Landlord may not cancel this lease. Upon such termination hereinabove described, Landlord may re-enter the leased premises without further notice or demand without being in any petition is filed by manner liable therefor, and Landlord may hold the leased premises free from any further liability on the part of Landlord hereunder, except such liability as may have arisen theretofore, or against Lessee under any section or chapter of Landlord may enter the U.S. Bankruptcy Codeleased premises as aforesaid and, as amended or under any similar law or statute agent of tenant, re-let the United States or any state thereof; (d) Lessee becomes insolvent or makes a transfer in fraud of creditors;
(e) Lessee makes an assignment same for benefit of creditors; or (f) a receiver is appointed for Lessee or any of the assets of Lessee and is not discharged within sixty (60) days thereafter, then in any such events, Lessor shall have the option to do any one or more of the following without any notice or demand, in addition to and not in limitation of any other remedy permitted by law or by this Agreement:
(1) Terminate this Agreement, in which event Lessee shall immediately surrender the Demised Premises to the Lessor, but if Lessee shall fail to do so, Lessor may, without notice and without prejudice to any other remedy Lessor may have for possession or arrearages in rent, enter upon and take possession of the Demised Premises and expel or remove Lessee and its effects by force if necessary, without being liable to prosecution or any claim for damages thereof; and Lessee agrees to indemnify Lessor for all loss and damage which Lessor may suffer by reason of such termination, whether through inability to relet the Demised Premises on satisfactory terms, or through decrease in rent, or otherwise.
(2) Provided Lessor has terminated the Lease, declare the entire amount of the rent which would have become due and payable during the remainder balance of the term of this Agreement over and above the amount that Lessee proves Lessor could receive by reletting the Demised Premises to be due and payable immediatelylease, in which event, Lessee agrees to pay the same at once, together with all rents theretofore due, to Lessor at the address specified herein or hereunder; provided, however, that such payment shall not constitute for a penalty shorter or forfeiture or liquidated damages, but shall merely constitute payment in advance of the rent for the remainder of said term. The acceptance of such payment by Lessor shall not constitute a waiver of any failure of Lessee thereafter occurring to comply with any longer term, provision, condition, or covenant of this Agreement.
(3) Enter upon and take possession of the Demised Premises as the agent of Lessee, and Lessor shall use reasonable efforts to relet the Demised Premises as the agent of the Lessee and may receive the rent therefore; , applying the same, first to the payment of the expense of such re-letting and second to the payment of rent due and to become due by these presents, tenant remaining liable for and agreeing hereby to pay any deficiency. The filing of any petition in bankruptcy or insolvency, or for reorganization under the Bankruptcy Act, either by or against Tenant or anyone claiming under Tenant, or an assignment for the benefit of creditors by Tenant or anyone claiming under Tenant, unless the foregoing events be vacated, canceled or nullified within a period of sixty (60) days, shall constitute a breach of this lease, and Landlord shall forthwith on such breach be entitled to collect damages therefor as provided by law, and, in addition thereto, Landlord shall have the rights of termination and re-entry as hereinbefore set forth. If the Landlord should default in the performance of any of its obligations under this lease, and if Tenant should give to the Landlord notice in writing of such default and the Landlord should fail to cure the default within thirty (30) days after the date of receipt of such notice, or if the default should be of such character as to require more than thirty (30) days to cure and the Landlord should fail to use reasonable diligence in curing such default, then and in any such event, Lessee shall pay Lessor the cost of renovatingTenant may, repairing and altering the Demised Premises for a new lessee or lessees and at Tenant's option, terminate this lease without any deficiency that may arise by reason of such reletting or demand at the address of Lessor specified herein or hereunder; provided however, the failure or refusal of Lessor to relet the Demised Premises shall not release or affect lessee's liability for rent or for damages and such rent and damages shall be paid by Lessee on the dates specified hereinpenalty.
(4) Lessor may as agent of Lessee, do whatever Lessee is obligated to by the provisions of this Agreement and may enter the Demised Premises, in order to accomplish this purpose. Lessee agrees to reimburse Lessor immediately upon demand for any expenses, which Lessor may incur in thus effecting compliance with this Agreement on behalf of Lessee Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies herein provided or any other remedies provided by law.
Appears in 1 contract
Samples: Lease (Printpack Inc)
Default Clause. In If the event: rent above referred to or any part thereof shall be unpaid on the date of payment by the terms hereof, and remain so for a period of twenty (a20) Lessee fails days after Landlord shall have given to comply with Tenant notice in writing of such default, then and in such case it shall and may be lawful for Landlord, at Landlord's option, by summary proceedings or by any termother appropriate legal action or proceedings to terminate the term off this lease and to enter into the demised premises or any part thereof and expel Tenant or any person or persons occupying the demised premises, provision, conditionand so to repossess and enjoy the demised premises as in Landlord's former estate. Should the term of this lease at any time be terminated under the terms and conditions hereof, or covenant in any other way, Tenant hereby covenants and agrees to surrender and deliver up the demised premises peaceably to Landlord immediately upon the termination of the term hereof. Landlord agrees that in no event shall the nonpayment of rent be the basis of a forfeiture of this Agreement lease or any otherwise result in the eviction of Tenant or the rules and regulations now or hereafter established for the government of the Building within 30 days written notice from Lessor; (b) Lessee abandons the Demised Premises; (c) any petition is filed by or against Lessee under any section or chapter of the U.S. Bankruptcy Code, as amended or under any similar law or statute of the United States or any state thereof; (d) Lessee becomes insolvent or makes a transfer in fraud of creditors;
(e) Lessee makes an assignment for benefit of creditors; or (f) a receiver is appointed for Lessee or any of the assets of Lessee and is not discharged within sixty (60) days thereafter, then in any such events, Lessor shall have the option to do any one or more of the following without any notice or demand, in addition to and not in limitation of any other remedy permitted by law or by this Agreement:
(1) Terminate this Agreement, in which event Lessee shall immediately surrender the Demised Premises to the Lessor, but if Lessee shall fail to do so, Lessor may, without notice and without prejudice to any other remedy Lessor may have for possession or arrearages in rent, enter upon and take possession of the Demised Premises and expel or remove Lessee and its effects by force if necessary, without being liable to prosecution or any claim for damages thereof; and Lessee agrees to indemnify Lessor for all loss and damage which Lessor may suffer by reason of such termination, whether through inability to relet the Demised Premises on satisfactory terms, or through decrease in rent, or otherwise.
(2) Provided Lessor has terminated the Lease, declare the entire amount of the rent which would have become due and payable during the remainder termination of the term of this Agreement over lease unless said written notice shall have been served on Tenant as hereinbefore provided and above Tenant shall have failed to cure such default within said 20-day period after the amount that Lessee proves Lessor could receive by reletting service of said notice. In the Demised Premises event of a termination of the term of this lease prior to the expiration date thereof pursuant to the provisions of this Paragraph A, Tenant shall not thereby be relieved from liability for damages sustained or to be due and payable immediately, in which event, Lessee agrees to pay the same at once, together with all rents theretofore due, to Lessor at the address specified herein or hereunder; provided, however, that such payment shall not constitute a penalty or forfeiture or liquidated damages, but shall merely constitute payment in advance sustained by Landlord by reason of the rent for the remainder of said term. The acceptance of such payment by Lessor shall not constitute a waiver of any failure of Lessee thereafter occurring to comply with any term, provision, condition, or covenant breach of this Agreement.
(3) Enter upon lease by Tenant and take possession of the Demised Premises as the agent of Lessee, and Lessor shall use reasonable efforts to relet the Demised Premises as the agent of the Lessee and receive the rent therefore; and in such event, Lessee Tenant shall pay Lessor the cost of renovating, repairing and altering the Demised Premises for a new lessee or lessees and any deficiency that may arise to Landlord all such damages incurred by Landlord by reason of such reletting or demand at the address of Lessor specified herein or hereunder; provided however, the failure or refusal of Lessor to relet the Demised Premises shall not release or affect lessee's liability for rent or for damages and such rent and damages shall be paid by Lessee on the dates specified hereinbreach.
(4) Lessor may as agent of Lessee, do whatever Lessee is obligated to by the provisions of this Agreement and may enter the Demised Premises, in order to accomplish this purpose. Lessee agrees to reimburse Lessor immediately upon demand for any expenses, which Lessor may incur in thus effecting compliance with this Agreement on behalf of Lessee Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies herein provided or any other remedies provided by law.
Appears in 1 contract
Default Clause. In the event: (a) Lessee fails to comply with any term, provision, condition, or covenant of this Agreement or any of the rules and regulations now or hereafter established for the government of the Building within 30 days written notice from Lessor; (b) Lessee abandons the Demised Premises; (c) any petition is filed by or against Lessee under any section or chapter of the U.S. Bankruptcy Code, as amended or under any similar law or statute of the United States or any state thereof; (d) Lessee becomes insolvent or makes a transfer in fraud of creditors;
(e) Lessee makes an assignment for benefit of creditors; or (f) a receiver is appointed for Lessee or any of the assets of Lessee and is not discharged within sixty (60) days thereafter, then in any such events, Lessor shall have the option to do any one or more Each of the following without shall be deemed a default by Tenant and a breach of this Lease:
(A) A default in the payment of the rent herein reserved, or any part thereof, for a period of ten (10) days after written notice or demand, delivered to the Tenant.
(B) Default in addition to and not in limitation the performance of any other remedy permitted covenant or condition of this Lease on the part of Tenant to be performed for a period of thirty (30) days after service of notice thereof by law or Landlord on Tenant, provided however, that if the nature of Tenant's default is such that it cannot be cured solely by this Agreement:payment of money and that more than thirty (30) days may be reasonably required for such cure, then Tenant shall not be deemed to be in default if Tenant shall [PAGE 14 OF ORIGINAL MISSING]
(1A) Terminate this AgreementAn amount equal to all expenses, if any, including reasonable counsel fees incurred by the Landlord in which event Lessee shall immediately surrender the Demised Premises to the Lessor, but if Lessee shall fail to do so, Lessor may, without notice and without prejudice to any other remedy Lessor may have for possession or arrearages in rent, enter upon and take recovering possession of the Demised Premises, and all reasonable costs and charges for the care of said Premises while vacant, not otherwise the obligation of Landlord. which damages shall be due and expel payable by Tenant to Landlord at such time or remove Lessee times as such expenses are incurred by Landlord; and
(B) An amount equal to the amount of all rent and its effects by force if necessaryadditional rent reserved under this Lease, without being liable to prosecution or any claim for damages thereof; and Lessee agrees to indemnify Lessor for all loss and damage which Lessor may suffer by reason of such termination, whether through inability to relet less the Demised Premises on satisfactory terms, or through decrease in net rent, or otherwise.
(2) Provided Lessor has terminated if any, collected by Landlord on reletting the LeasePremises, declare which shall be immediately due and payable by Tenant to Landlord and Landlord shall be entitled thereupon to recover same from Tenant on the entire amount of several days on which the rent which and additional rent reserved in this Lease would have become due and payable during the remainder payable; that is to say, upon each of the term of this Agreement over and above such days Tenant shall pay to Landlord the amount that Lessee proves Lessor could receive of deficiency then existing. Such net rent collected on reletting by reletting Landlord shall be computed by deducting from the Demised Premises gross rents collected all reasonable expenses incurred by the Landlord in connection with the reletting, but shall not include the cost of performing any covenant contained in Article 24. Without any previous notice or demand, separate actions may be maintained by Landlord against Tenant from time to be time to recover any damages, which, at the commencement of any such action, have then or theretofore become due and payable immediatelyto Landlord under Article 24, in which event, Lessee agrees to pay without waiting until the same at once, together with all rents theretofore due, to Lessor at the address specified herein or hereunder; provided, however, that such payment shall not constitute a penalty or forfeiture or liquidated damages, but shall merely constitute payment in advance end of the rent for the remainder of said term. The acceptance of such payment by Lessor shall not constitute a waiver of any failure of Lessee thereafter occurring to comply with any term, provision, condition, or covenant of this Agreementoriginal Lease Term.
(3) Enter upon and take possession of the Demised Premises as the agent of Lessee, and Lessor shall use reasonable efforts to relet the Demised Premises as the agent of the Lessee and receive the rent therefore; and in such event, Lessee shall pay Lessor the cost of renovating, repairing and altering the Demised Premises for a new lessee or lessees and any deficiency that may arise by reason of such reletting or demand at the address of Lessor specified herein or hereunder; provided however, the failure or refusal of Lessor to relet the Demised Premises shall not release or affect lessee's liability for rent or for damages and such rent and damages shall be paid by Lessee on the dates specified herein.
(4) Lessor may as agent of Lessee, do whatever Lessee is obligated to by the provisions of this Agreement and may enter the Demised Premises, in order to accomplish this purpose. Lessee agrees to reimburse Lessor immediately upon demand for any expenses, which Lessor may incur in thus effecting compliance with this Agreement on behalf of Lessee Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies herein provided or any other remedies provided by law.
Appears in 1 contract
Samples: Lease Agreement (Naviant Inc)
Default Clause. In If the event: (a) Lessee fails shall fail to comply with pay the rent or any term, provision, conditionother charge required to be paid by the Lessee, or covenant of this Agreement or if the Lessee shall breach any of the terms of this lease or the rules and regulations now attached hereto or hereafter established for enacted from time to time, then as to every default or breach, except non-payment of rent, the government of Lessor may give the Building within 30 Lessee thirty (30) days written notice from Lessor; thereof, and if such default has not been cured within such a 30-day period, then the Lessor may give the Lessee three (b3) Lessee abandons the Demised Premises; (c) any petition is filed by or against Lessee under any section or chapter days notice of the U.S. Bankruptcy Codetermination of this lease, as amended or under any similar law or statute of and this lease shall expire accordingly and the United States or any state thereof; (d) Lessee becomes insolvent or makes a transfer in fraud of creditors;
(e) Lessee makes an assignment for benefit of creditors; or (f) a receiver is appointed for Lessee or any of the assets of Lessee and is not discharged within sixty (60) days thereafter, then in any such events, Lessor shall have the option to do any one or more of the following without any notice or demand, in addition to and not in limitation of any other remedy permitted by law or by this Agreement:
(1) Terminate this Agreement, in which event Lessee shall immediately surrender the Demised Premises possession to the Lessor, but if the Lessee shall fail to do soremain liable as hereinafter provided. In case of default by the Lessee in the payment of rent, the notice shall be a three- day notice provided by Statutes of the State of Texas, and the Lessor shall have such rights as are provided by such Statutes. If the premises become vacant or abandoned or should any other person than Lessee secure possession of the premises, or any part hereof, by reason of any receivership, bankruptcy proceedings, or other operation of law in any manner whatsoever, Lessor maymay at Lessor's option, without notice and without prejudice to any other remedy Lessee, terminate this lease, or in the alternative, Lessor may have for possession or arrearages in rent, enter upon reenter and take possession of said premises, or may take possession in the Demised Premises and expel or manner provided by law. In case the Lessor shall recover possession of the premises, the Lessor may, but shall not be required to remove the property of the Lessee and its effects by force if necessarystore the same at the Lessee's expense, without being liable to prosecution or any claim for damages thereof; Lessor may dispose of said property, and the Lessee agrees to indemnify that in no respect shall the Lessor be responsible in damages for any action in entering said premises or removing and disposing of Lessee's property, with or without process of law. Notwithstanding anything stated herein, In the event of a default by Lessee, Lessor shall have all loss recourse against the Lessee provided by this lease and damage which Lessor may suffer by reason of such terminationlaw, whether through inability to relet the Demised Premises on satisfactory terms, or through decrease in rent, or otherwise.
(2) Provided Lessor has terminated the Lease, declare the entire amount of the rent which would have become due and payable during the remainder of the term of this Agreement over all remedies shall be cumulative and above the amount that Lessee proves Lessor could receive by reletting the Demised Premises to be due and payable immediately, in which event, non-exclusive. Lessee agrees to pay the same at once, together with all rents theretofore due, to Lessor at the address specified herein or hereunder; provided, however, that such payment shall not constitute a penalty or forfeiture or liquidated damages, but shall merely constitute payment reasonable attorney's fees and expenses incurred in advance of the rent for the remainder of said term. The acceptance of such payment by Lessor shall not constitute a waiver of any failure of Lessee thereafter occurring to comply with any term, provision, condition, or covenant of this Agreement.
(3) Enter upon and take possession of the Demised Premises as the agent of Lessee, and Lessor shall use reasonable efforts to relet the Demised Premises as the agent of the Lessee and receive the rent therefore; and in such event, Lessee shall pay Lessor the cost of renovating, repairing and altering the Demised Premises for a new lessee or lessees and any deficiency that may arise by reason of such reletting or demand at the address of Lessor specified herein or hereunder; provided however, the failure or refusal of Lessor to relet the Demised Premises shall not release or affect lessee's liability for rent or for damages and such rent and damages shall be paid by Lessee on the dates specified herein.
(4) Lessor may as agent of Lessee, do whatever Lessee is obligated to by the provisions of this Agreement and may enter the Demised Premises, in order to accomplish this purpose. Lessee agrees to reimburse Lessor immediately upon demand for any expenses, which Lessor may incur in thus effecting compliance with this Agreement on behalf of Lessee Pursuit of about enforcing any of the foregoing remedies shall not preclude pursuit terms of this lease, in collecting past due rent, and in and about recovering possession from Lessee, should the services of any of the other remedies herein provided or any other remedies provided attorney be retained by lawLessor in so doing.
Appears in 1 contract
