Default/Landlord's Remedies. 19.1 Any of the following occurrences or acts shall constitute an event of default (“Event of Default”) under this Lease:
(a) Tenant fails to pay any Rent within ten days after notice from Landlord that it has not been timely paid. Notwithstanding the foregoing, if Tenant fails on one occasion during any Lease Year to make any payment of Rent before the expiration of the five day notice period provided herein, such ten day notice period shall not be applicable to any subsequent payment of Rent during such Lease Year and Tenant’s failure during such period to pay any Rent within ten days after it becomes due shall be an Event of Default.
(b) Tenant fails to observe or perform any of the covenants, conditions and agreements of this Lease (except for payment of Rent) and such failure shall continue for 20 days after notice to Tenant of such failure; provided, however, that if such failure is not reasonably capable of being cured within such 20 day period, then the period in which Tenant may cure such failure shall be extended up to a total of 60 days, provided Tenant promptly commences and diligently pursues the cure.
19.2 If an Event of Default occurs with regard to the making of any payment or the doing of any act herein required, Landlord may make such payment or do such act, and the making of such payment or the doing of such act by Landlord shall not operate to cure the Event of Default or estop Landlord from the pursuing any remedy to which Landlord would otherwise be entitled. In addition, Tenant shall pay Landlord all costs (including reasonable attorneys’ fees) incurred by Landlord in connection with any action taken by Landlord to enforce the provisions of this Lease.
19.3 If an Event of Default occurs, Landlord may terminate this Lease by notice to Tenant, whereupon this Lease shall end and all rights of Tenant hereunder shall expire and terminate and everything herein required on the part of Landlord to be done and performed shall cease, but Tenant shall remain liable as hereafter provided.
19.4 Pursuit of any of the remedies set forth in this Lease shall not preclude Landlord from concurrently or separately pursuing any other remedies available herein or at law or in equity as often and in such order as Landlord determines, nor shall pursuit of any remedy by Landlord constitute a forfeiture or waiver of any Rent or of any damages by reason of Tenant’s violation of this Lease. All rights and remedies available to Landlord herein and/or at law or i...
Default/Landlord's Remedies. Subject to Florida law, in the event Resident shall fail to perform any duty or condition of this Lease within three (3) days of having received notice from Landlord to do so (except no notice shall be required for failure to pay rent by the due date thereof), then Landlord, in addition to all other rights and remedies provided by law, shall have the right, without further notice and with or without legal process, immediately to terminate this Lease and reenter the Premises or to reenter and re-lease the Premises without terminating this Lease. In the event Landlord either terminates this Lease or reenters and re-leases without terminating, Landlord shall be entitled to collect any damages resulting from Resident’s default, including, but not limited to, any costs of re- renting the Premises, the difference, if any, between the actual rental at which the Premises are re-leased and the rental provided for herein for the balance of the term, and a reasonable attorneys’ fee. Upon any reentry pursuant to this paragraph, Landlord may, but shall not be obligated to, without liability to anyone for trespass or conversion, remove any personal property located in or about the Premises and store such property at Resident’s expense for thirty (30) days. If Resident does not claim such belongings within thirty days, they can be disposed of. If Landlord re-leases the premises, in no event will Landlord be obligated to pay Resident any excess credit amounts.
Default/Landlord's Remedies. In the event Resident shall fail to perform any duty or condition of this Lease within three
Default/Landlord's Remedies. In the event Tenant shall fail to perform any duty or condition of this Lease within ten (10) days of having received notice from Landlord to do so (except the notice shall be 3 days as required for failure to pay rent by the due date thereof), then Landlord, in addition to all other rights and remedies provided by law, shall have the right, to terminate this Lease and commence a summary eviction proceeding against Tenant. In the event Landlord terminates this Lease through a summary proceeding, he shall be entitled to collect any damages resulting from Xxxxxx's default, including, but not limited to, any costs of re-renting the Premises, for the balance of the term, and a reasonable attorneys' fee, court costs and service of process fees. Upon any reentry pursuant to this paragraph, Landlord may, but shall not be obligated to, remove any personal property located in or about the Premises and store such property at Tenant's expense for a period of 30 days.
Default/Landlord's Remedies. Any of the following shall constitute a default by Tenant under this Lease:
(a) Tenant's failure to pay rent or any other charge under this Lease when due, or Tenant's failure to comply with any other term or condition of this Lease.
(b) Tenant shall file a petition under any section or chapter of the Bankruptcy Code, as amended, or under any similar law of statute of the United States or any state thereof; or Tenant shall be adjudged bankrupt or insolvent in proceedings filed against Tenant thereunder.
(c) A receiver or trustee shall be appointed for all or substantially all of the assets of Tenant.
(d) Tenant shall abandon any substantial portion of the Leased Premises.
(e) Tenant shall do or permit to be done any act which results in a lien being filed against the Leased Premises or any part thereof. In case of default as described above, Landlord shall have the right to the following remedies which are intended to be cumulative and in addition to any other remedies provided under Tennessee law:
(i) Terminate this Lease, in which event Tenant shall immediately surrender the premises to Landlord. Tenant agrees to pay to Landlord on demand all reasonable cost incurred in connection with such termination and retaking of possession, including, without limitation, court costs and attorney fees, and all costs incurred in restoring the premises to the same condition as at the commencement of the Term, ordinary wear and tear excepted.
(ii) Retake possession of the premises by summary proceedings and relet the premises upon any reasonable terms. Reletting shall not be construed as an acceptance of a surrender of Tenant's leasehold interest.
(iii) Recover all damages of every nature and kind caused by Tenant's default which shall include, without limitation, any and all costs associated with reletting the premises, and reasonable costs and attorneys' fees relating to Tenant's default. Further, Tenant shall indemnify and hold harmless Landlord from any actual loss of rent by Landlord during the balance of the original term of the Lease or option period, whichever may be in force, as long as Landlord is using reasonable efforts to relet the premises. Landlord may xxx periodically to recover damages as they occur throughout the lease term, and no action for accrued damages shall bar a later action for damages subsequently accrued. Alternatively or in addition, Landlord may elect in any one action, even after having instituted prior action for accrued damages, to rec...
Default/Landlord's Remedies. Each of the following shall constitute a default by you under this Lease: (a) your failure to pay the rent or any other sum of money due under this Lease when due and (b) your failure to timely observe or perform any other covenant, agreement or undertaking contained in this Lease. Upon any monetary default which is not cured within five (5) days notice from the Landlord, or upon any non-monetary default which is not cured within seven (7) days notice from the Landlord, the Landlord shall be entitled to terminate this Lease and to exercise all other rights and remedies available to the Landlord under this Lease or at law or in equity, including, without limitation, pursuing an eviction/summary possession proceeding. In addition, if you fail or refuse to comply with and perform any conditions and covenants of this Lease, the Landlord may carry out and perform such conditions and covenants, at your cost, which cost shall be payable on demand, or at the option of the Landlord shall be added to the next installment of rent due.
Default/Landlord's Remedies. If (a) payment of rent or any installment thereof or any other sum required to be paid by Tenant under this Lease or under the terms of any other agreement between Landlord and Tenant is not made within ten (10) days of receipt of notice of nonpayment; (b) Tenant breaches its obligation to observe or perform of any of the other covenants or conditions in this Lease and such breach shall continue for a period of ten (10) days of receipt of written notice to Tenant; (c) Tenant's breach
Default/Landlord's Remedies. If Tenant is in default under any terms of this Lease, Landlord shall provide notice in writing to Tenant of such default, providing Tenant with a minimum of 30 days to cure such default. If the default persists after the notice period provided to the Tenant to cure such default, Landlord shall have all rights and remedies at law and equity to enforce the Landlord’s rights under this Lease, including termination of this Lease.
Default/Landlord's Remedies. If default shall be made in the payment of the Rent or any installment thereof or in the payment of any other sum required to be paid by Tenant under this Lease or under the terms of any other agreement between Landlord and Tenant and such default shall continue for a period of five (5) business days after written notice, or if default shall be made in the observance or performance of any of the other covenants or conditions in this Lease which Tenant is required to observe and perform and (except as specified below) such default shall continue for a period of ten (10) days after written notice to Tenant, or if a default involves a hazardous condition and is not cured by Tenant immediately upon written notice to Tenant unless such default is not reasonably susceptible of cure in ten (10) days, in which event, such period shall be extended for up to sixty (60) days so long as Tenant commences the cure of such default within five (5) days of the initial written notice and thereafter continuously and diligently pursues such cure to completion, or if the interest of Tenant in this Lease shall be levied on under execution or other legal process, or if voluntary petition in bankruptcy or for corporate reorganization or any similar relief shall be filed by Tenant, or if any involuntary petition in bankruptcy shall be filed against Tenant under any federal or state bankruptcy or insolvency act and shall not have been dismissed
Default/Landlord's Remedies. In the event Resident shall fail to perform any duty or condition of this Lease within three (3) days of having received notice from Landlord to do so (except no notice shall be required for failure to pay rent by the due date thereof), then Landlord, in addition to all other rights and remedies provided by law, shall have the right, without further notice and with or without legal process, immediately to terminate this Lease and reenter the Premises or to re-enter and re-lease the Premises without terminating this Lease. ln the event Landlord either terminates this Lease or re-enters and re-leases without terminating, Landlord shall be entitled to collect any damages resulting from Resident's default, including, but not limited to, any costs of re-renting the Premises, the difference, if any, between the actual rental at which the Premises are re-leased and the rental provided for herein for the balance of the term, and a reasonable attorneys' fee. Upon any reentry pursuant to this paragraph, Landlord may, but shall not be obligated to, without liability to anyone for trespass or conversion, remove any personal property located in or about the Premises to be disposed of. If Landlord re-leases the premises, in no event will Landlord be obligated to pay Resident any excess credit amounts.
