Default in Payment of Rent. The Tenant shall, without any previous demand therefore, pay to the Owner, or its agent, the said rent at the times and in the manner above provided. In the event of the non-payment of said rent, or any installment thereof, at the times and in the manner above provided, and if the same shall remain in default for more than fifteen (15) days after becoming due, or if the Tenant shall be dispossessed for non-payment of rent, or if the leased premises shall be deserted or vacated for more than fifteen (15) days, the Owner or its agents shall have the right to and may enter the said premises as the agent of the Tenant, either by force or otherwise, without being liable for any prosecution or damages therefore, and may relet the premises as the agent of the Tenant, and receive the rent therefore, upon such terms as shall be satisfactory to the Owner, and all rights of the Tenant to repossess the premises under this lease shall be forfeited. Such re-entry by the Owner shall not operate to release the Tenant from any rent to be paid or covenants to be performed hereunder during the full term of this lease. For the purpose of reletting, the Owner shall be authorized to make such repairs or alterations in or to the leased premises as may be necessary to place the same in good order and condition. The tenant shall be liable to the Owner for the cost of such repairs or alterations, and all expenses of such reletting. If the sum realized or to be realized from the reletting is insufficient to satisfy the monthly or term rent provided in this lease, the Owner, at its option, may require the Tenant to pay such deficiency month by month, or may hold the Tenant in advance for the entire deficiency to be realized during the term of the reletting. The Tenant shall not be entitled to any surplus accruing as a result of the reletting. The Tenant agrees to pay, as additional rent, all attorneys’ fees and other expenses incurred by the Owner in enforcing any of the obligations under this lease.
Appears in 2 contracts
Samples: Lease Agreement (Teavana Holdings Inc), Lease Agreement (Teavana Holdings Inc)
Default in Payment of Rent. The Tenant shall, without any previous demand therefore, pay If the rent hereby agreed to the Owner, or its agent, the said rent at the times and in the manner above provided. In the event of the non-payment of said rent, be paid or any installment thereof, at the times and in the manner above provided, and if part thereof shall be unpaid for fourteen (14) days after the same shall remain become payable (whether legally or formally demanded or not) or if the Tenant shall fail or neglect to observe or perform any of the agreements stipulations or conditions herein contained and on the Tenant's part to be observed and performed or if the Tenant shall become bankrupt, or being a corporation shall go into liquidation (whether compulsory or voluntary) for bankruptcy, or if any petition shall have been filed against the Tenant or if any petition for the winding up of the Tenant in default for more than fifteen (15) days after becoming duecase of a limited company shall have been filed, or if the Tenant shall otherwise become insolvent or make any composition or arrangement with creditors or shall suffer any execution to be dispossessed for non-payment of rent, or if the leased premises shall be deserted or vacated for more than fifteen (15) days, the Owner or its agents shall have the right to and may enter levied on the said premises as or otherwise on the agent Tenant's goods, then and in any of the Tenant, either by force said cases it shall be lawful for the Landlord at any time thereafter to re-enter on the said premises or otherwise, without being liable for any prosecution or damages therefore, and may relet part thereof in the premises as the agent name of the whole whereupon this Agreement shall absolutely cease and determine but without prejudice to any right of action by the Landlord in respect of any breach or non-observance or non-performance of any of the agreements, stipulations or conditions herein contained and on the Tenant, 's part to be observed and receive the rent therefore, upon such terms as shall be satisfactory performed and to the Owner, Landlord's right to deduct all loss and all rights of the Tenant to repossess the premises under this lease shall be forfeited. Such re-entry by the Owner shall not operate to release the Tenant from any rent to be paid or covenants to be performed hereunder during the full term of this lease. For the purpose of reletting, the Owner shall be authorized to make such repairs or alterations in or to the leased premises as may be necessary to place the same in good order and condition. The tenant shall be liable to the Owner for the cost of such repairs or alterations, and all expenses of such reletting. If the sum realized or to be realized damage thereby incurred from the reletting is insufficient to satisfy the monthly or term rent provided in this lease, the Owner, at its option, may require the Tenant to pay such deficiency month said deposit paid by month, or may hold the Tenant in advance for the entire deficiency to be realized during the term of the reletting. The Tenant shall not be entitled to any surplus accruing as a result of the reletting. The Tenant agrees to pay, as additional rent, all attorneys’ fees and other expenses incurred by the Owner in enforcing any of the obligations under this leaseaccordance with Clause 2.
Appears in 1 contract
Samples: Tenancy Agreement (Newtech Corp)
Default in Payment of Rent. The Tenant shall, without any previous demand thereforetherefor, pay to the Owner, or its agent, the said rent at the times and in the manner above provided. In the event of the non-payment of said rent, or any installment thereof, at the times and in the manner above provided, and if the same shall remain in default for more than fifteen ten (1510) days after becoming duenotice, or if the Tenant shall be dispossessed for non-payment of rent, as set forth in section 18 hereof or if the leased premises shall be deserted or vacated for more than fifteen (15) daysand Tenant is in default beyond any applicable cure period, the Owner or its agents shall have the right to and may enter the said premises as the agent of the Tenant, either by force or otherwise, without being liable for any prosecution or damages thereforetherefor, and may relet the premises as the agent of the Tenant, and receive the rent therefore, upon such terms as shall be satisfactory to the Owner, and all rights of the Tenant to repossess the premises under this lease shall be forfeited. Such re-entry by the Owner shall not operate to release the Tenant from any rent to be paid or covenants to be performed hereunder during the full term of this lease. For the purpose of reletting, the Owner shall be authorized to make such repairs or alterations in or to the leased premises as may be necessary to place the same in good similar order and conditioncondition as of the date hereof. The tenant Tenant shall be liable to the Owner for the cost of such repairs or alterations, and all expenses of such reletting. If the sum realized or to be realized from the reletting is insufficient to satisfy the monthly or term rent provided in this lease, the Owner, at its option, may require the Tenant to pay such deficiency month by month, or may hold the Tenant in advance for the entire deficiency to be realized during the term of the reletting. The Tenant shall not be entitled to any surplus accruing as a result of the reletting. The Tenant agrees to pay, as additional rent, all attorneys’ attorney's fees and other expenses incurred by the Owner in enforcing any of the obligations under this lease.
Appears in 1 contract
Samples: Lease Agreement (Thermo Vision Corp)
Default in Payment of Rent. The Tenant shall, without PROVIDED ALWAYS and these presents are upon this condition that if the rent hereby reserved or any previous demand therefore, pay part thereof or the contribution to the Owner, or its agent, the said rent at the times and in the manner above provided. In the event of the non-payment of said rent, or any installment thereof, at the times and in the manner above provided, and if the same insurance premium shall remain in default be unpaid for more than fifteen (15) thirty one days after becoming due, they become payable after formal written demand or if any covenant on the Tenant's part herein contained shall not be performed or observed or if the Tenant or any surety for the Tenant (being a company) shall enter into liquidation whether compulsory or voluntary (save for the purpose of reconstruction or amalgamation without insolvency) or (not being a company) shall become bankrupt or shall call a meeting of or enter into any composition with creditors or suffer any distress or execution to be dispossessed for non-payment of rent, or if levied on the leased premises shall be deserted or vacated for more than fifteen (15) days, the Owner or its agents shall have the right to and may enter the said premises as the agent of the Tenant, either by force or otherwise, without being liable for any prosecution or damages therefore, and may relet the premises as the agent of the Tenant, and receive the rent therefore, upon such terms as shall be satisfactory to the Owner, and all rights goods of the Tenant to repossess at the premises under this lease Demised Premises then and in any such case it shall be forfeited. Such lawful to re-entry enter upon the Demised Premises or any part thereof in the name of the whole after giving the Tenant prior written notice of the circumstances giving rise to such a right and a reasonable opportunity to cure or make good the default in question and thereupon this demise shall absolutely determine but without prejudice to any claim by the Owner Landlord in respect of any antecedent breach of any covenant or provision herein contained and on the happening of an of the said events it shall not operate be lawful for the Landlord to release determine this demise by giving to the Tenant from or leaving for it at the Demised Premises or sending, by registered post to its place of business last known, a notice to quit the said notice expiring on any rent to be paid or covenants to be performed hereunder during day of the full term week not necessarily a gxxx day and upon the expiration of this lease. For such notice the purpose of reletting, the Owner tenancy hereby created shall be authorized deemed to make have been duly determined by such repairs or alterations in or notice to quit and the leased premises as may be necessary to place the same in good order and condition. The tenant Landlord shall be liable to the Owner for the cost of such repairs or alterations, and all expenses of such reletting. If the sum realized or to be realized from the reletting is insufficient to satisfy the monthly or term rent provided in this lease, the Owner, at its option, may require the Tenant to pay such deficiency month by month, or may hold the Tenant in advance for the entire deficiency to be realized during the term of the reletting. The Tenant shall not thereupon be entitled to any surplus accruing as a result possession of the reletting. The Tenant agrees to pay, Demised Premises as additional rent, all attorneys’ fees of its former estate and other expenses incurred by as if the Owner in enforcing any of the obligations under this leasetenancy hereby created had never existed.
Appears in 1 contract
Default in Payment of Rent. The Tenant LESSEE shall, without any previous demand thereforetherefor, pay to the OwnerLESSOR, or its agenthis designee, the said rent at the times and in the manner above providedprovided above. In the event of the non-payment of said rent, or any installment thereof, at the times and in the manner above provided, and if the same shall remain in default for more than fifteen ten (1510) days after becoming duewritten notice to LESSEE, or if the Tenant LESSEE shall be dispossessed or evicted for non-payment of rent, or if the leased premises Leased Space shall be deserted or vacated for more than fifteen (15) daysvacated, the Owner LESSOR or its agents shall have the right to and may enter the said premises Leased Space as the agent of the TenantLESSEE, either by force or otherwise, without being liable for any prosecution protection or damages thereforetherefor, and may relet the premises Leased Space as the agent of the TenantLESSEE, and receive the rent thereforetherefor, upon such terms as shall be satisfactory to the OwnerLESSOR, and all rights of the Tenant LESSEE to repossess the premises Leased Space under this lease Lease shall be forfeited. Such re-entry by the Owner LESSOR shall not operate to release the Tenant LESSEE from any rent to be paid or covenants to be performed hereunder during the full term of this leaseLease. For the purpose of reletting, the Owner LESSOR shall be authorized to pay for such utilities, provide such maintenance and make such repairs or alterations in or to the leased premises Leased Space as may be necessary to keep or place the same in good order and condition. The tenant LESSEE shall be liable to the Owner LESSOR for the cost of such utilities, maintenance, repairs or alterations, and all expenses of such reletting. If the sum realized or to be realized from the reletting is insufficient to satisfy the monthly or term rent provided in this leaseLease, the OwnerLESSOR, at its option, may require the Tenant LESSEE to pay such deficiency month by month, or may hold the Tenant in advance for the entire deficiency to be realized during the term of the reletting. The Tenant LESSEE shall not be entitled to any surplus accruing as a result of the reletting. The Tenant agrees to pay, as additional rent, all attorneys’ fees and other expenses incurred by the Owner in enforcing any of the obligations under this leasere- letting.
Appears in 1 contract
Samples: Lease (Competitive Technologies Inc)