Common use of Default/Landlord's Remedies Clause in Contracts

Default/Landlord's Remedies. If default shall be made (i) 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, or (ii) 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 such default shall continue for fifteen (15) days after written notice to Tenant except that, if the default cannot by its nature be cured within such 15 day period and if Tenant immediately commences and continuously and diligently pursues such cure, the default may exist for a reasonable period not to exceed forty-five (45) days after the date of the notice to Tenant before Landlord can exercise its rights hereunder, or (iii) if a default involves a hazardous condition and is not cured by Tenant immediately upon written notice to Tenant, or (iv) if the interest of Tenant in this Lease shall be levied on under execution or other legal process, or (v) if any 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 within sixty (60) days from the filing thereof, or (vi) if a receiver shall be appointed for Tenant or any of the property of Tenant by any court and such receiver shall not have been dismissed within thirty (30) days from the date of his appointment, or (vii) if Tenant shall make an assignment for the benefit of creditors, or (viii) if Tenant shall admit in writing Tenant’s inability to meet Xxxxxx’s debts as they mature, or (ix) if Tenant shall abandon or vacate the Leased Premises during the Term, then Landlord may treat the occurrence of any one or more of the foregoing events as a breach of this Lease, and thereupon at its option may, with or without notice or demand of any kind to Tenant or any other person, have any one or more of the following described remedies in addition to all other rights and remedies provided at law or in equity or elsewhere herein, and which may be pursued concurrently or successively, and an election to pursue one remedy shall not prevent the pursuit of another remedy:

Appears in 1 contract

Samples: Lease Agreement

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Default/Landlord's Remedies. If default shall be made (i) in the a 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 TenantTenant is not made when same becomes due, or (ii) if default shall be made in the observance Tenant breaches its obligation to observe or performance of perform any of the other covenants or conditions in this Lease which Tenant is required to observe and perform and such default breach shall continue for fifteen a period of ten (1510) days after written notice to Tenant except thatTenant, if the default cannot by its nature be cured within such 15 day period and if Tenant immediately commences and continuously and diligently pursues such cure, the default may exist for a reasonable period not to exceed forty-five (45) days after the date of the notice to Tenant before Landlord can exercise its rights hereunder, or (iii) if a default Tenant’s breach involves a hazardous condition and is not cured by Tenant immediately upon written notice to Tenant, or (iv) if the interest of Tenant in this Lease shall be levied on under execution or other legal process, or (v) if any voluntary petition in bankruptcy or for corporate reorganization or any similar relief shall be filed by Tenant, or if (vi) 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 within sixty thirty (6030) days from the filing thereof, or (vivii) if a receiver shall be appointed for Tenant or any of the property of Tenant by any court and such receiver shall not have been dismissed within thirty (30) days from the date of his appointment, or (viiviii) if Tenant shall make an assignment for the benefit of creditors, or (viiiix) if Tenant shall admit in writing Tenant’s inability to meet XxxxxxTenant’s debts as they mature, or (ixx) if Tenant shall abandon the Premises are vacated, abandoned or vacate the Leased Premises deserted during the Term, then Landlord may treat the occurrence of any one or more of the foregoing events as a breach default of Tenant under this Lease, and thereupon at its option may, with or without notice or demand of any kind to Tenant or any other person, have any one or more of the following described remedies in addition to all other rights and remedies provided at law or in equity or elsewhere herein, and which may be pursued concurrently or successively, and an election to pursue one remedy shall not prevent the pursuit of another remedy:

Appears in 1 contract

Samples: Lease Agreement (Attitude Drinks Inc.)

Default/Landlord's Remedies. If default In the event Tenant or any guest or invitee of Tenant (a) possesses or uses illegal drugs at Riverfront Village; (b) discharges a firearm at Riverfront Village, except as may be permitted by applicable law; or (c) criminally assaults a tenant, guest or invitee at Riverfront Village, except as may be permitted by applicable law, then, at Landlord’s option, Tenant shall be made (i) in the payment of the Rent default and have no right to remedy or any installment thereof or in the payment of any other sum required to be paid by Tenant cure such default and Landlord may exercise its remedies under this Lease or and under applicable law. In the terms of event Tenant shall fail to perform any other agreement between Landlord and Tenant, duty or (ii) if default shall be made in the observance or performance condition of any of the other covenants or conditions in this Lease which Tenant is required to observe and perform and such default shall continue for fifteen within fourteen (1514) days after having received written notice from Landlord to Tenant except thatdo so (specifically excepting when notice is also given for non-payment of rent, if the default cannot by its nature be cured within such 15 day period and if Tenant immediately commences and continuously and diligently pursues such cure, the default may exist for a reasonable period not to exceed forty-five which shall require only seven (457) days after the date of the notice to Tenant before Landlord can exercise its rights hereunder, or (iii) if a default involves a hazardous condition and is not cured by Tenant immediately upon days' written notice to Tenant, or (iv) if the interest of Tenant in this Lease shall be levied on under execution or other legal process, or (v) if any 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 within sixty (60) days from the filing thereof, or (vi) if a receiver shall be appointed for Tenant or any of the property of Tenant by any court and such receiver shall not have been dismissed within thirty (30) days from the date of his appointment, or (vii) if Tenant shall make an assignment for the benefit of creditors, or (viii) if Tenant shall admit in writing Tenant’s inability to meet Xxxxxx’s debts as they mature, or (ix) if Tenant shall abandon or vacate the Leased Premises during the Termnotice), then Landlord may treat the occurrence of any one or more of the foregoing events as a breach of this LeaseLandlord, and thereupon at its option may, with or without notice or demand of any kind to Tenant or any other person, have any one or more of the following described remedies 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 relet the Premises without terminating this Lease. In the event Landlord either terminates this Lease or reenters and relets without terminating, he shall be entitled to collect any damages resulting from Tenant's default, including, but not limited to, any costs of rerenting the Premises, the difference, if any, between the reasonable rental value of the Premises (or the actual rental at law or in equity or elsewhere hereinwhich the Premises are relet) and the rental provided for herein for the balance of the term. Upon any reentry pursuant to this paragraph, and which may be pursued concurrently or successivelyLandlord may, and an election to pursue one remedy but shall not prevent be obligated to, remove any personal property located in or about the pursuit Premises and store such property at Tenant's expense. If Tenant defaults and Landlord terminates this Lease, Landlord shall use reasonable efforts to mitigate Tenant’s damages. In addition, if Tenant finds a suitable new tenant not already leasing at Riverfront Village to move into the same room type as Tenant’s, Landlord shall apply the rent paid by the new tenant against the rent otherwise due under this Lease; however, if Tenant does not find such a replacement tenant, Tenant still receives a credit against rent otherwise due for rent paid by replacement tenants found by Landlord, but in the chronological order of another remedy:similarly situated former tenants of Riverfront Village who leases have terminated before their contracted lease terms ends. In no event will Landlord be obligated to pay Tenant any excess credit amounts.

Appears in 1 contract

Samples: Lease Agreement

Default/Landlord's Remedies. If default shall be made (i) 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, Tenant and such default shall continue for a period of five (5) days or (ii) 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 such default shall continue for fifteen a period of thirty (1530) days after written notice to Tenant except that, if the default cannot by its nature be cured within such 15 day period and if Tenant immediately commences and continuously and diligently pursues such cure, the default may exist for a reasonable period not to exceed forty-five (45) days after the date of the notice to Tenant before Landlord can exercise its rights hereunderTenant, or (iii) if a default involves a hazardous condition and is not cured by Tenant immediately upon written notice to Tenant, or (iv) if the interest of Tenant in this Lease shall be levied on under execution or other legal process, or (v) if any 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 within sixty (60) days from the filing thereof, or (vi) if a receiver shall be appointed for Tenant or any of the property of Tenant by any court and such receiver shall not have been dismissed within thirty sixty (3060) days from the date of his appointment, or (vii) if Tenant shall make an assignment for the benefit of creditors, or (viii) if Tenant shall admit in writing Tenant’s inability to meet XxxxxxTenant’s debts as they mature, or (ix) if Tenant shall abandon or vacate the Leased Premises during the Term, then Landlord may treat the occurrence of any one or more of the foregoing events as a breach of this Lease, and thereupon at its option may, with or without notice or demand of any kind to Tenant or any other person, have any one or more of the following described remedies in addition to all other rights and remedies provided at law or in equity or elsewhere herein, and which may be pursued concurrently or successively, and an election to pursue one remedy shall not prevent the pursuit of another remedy:

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Clayton Holdings Inc)

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Default/Landlord's Remedies. If default In the event Tenant or any guest or invitee of Tenant (a) possesses or uses illegal drugs at Riverfront Village; (b) discharges a firearm at Riverfront Village, except as may be permitted by applicable law; or (c) criminally assaults a tenant, guest or invitee at Riverfront Village, except as may be permitted by applicable law, then, at Landlord’s option, Tenant shall be made (i) in the payment of the Rent default and have no right to remedy or any installment thereof or in the payment of any other sum required to be paid by Tenant cure such default and Landlord may exercise its remedies under this Lease or and under applicable law. In the terms of event Tenant shall fail to perform any other agreement between Landlord and Tenant, duty or (ii) if default shall be made in the observance or performance condition of any of the other covenants or conditions in this Lease which Tenant is required to observe and perform and such default shall continue for fifteen within fourteen (1514) days after having received written notice from Landlord to Tenant except thatdo so (specifically excepting when notice is also given for non-payment of rent, if the default cannot by its nature be cured within such 15 day period and if Tenant immediately commences and continuously and diligently pursues such cure, the default may exist for a reasonable period not to exceed forty-five which shall require only seven (457) days after the date of the notice to Tenant before Landlord can exercise its rights hereunder, or (iii) if a default involves a hazardous condition and is not cured by Tenant immediately upon days' written notice to Tenant, or (iv) if the interest of Tenant in this Lease shall be levied on under execution or other legal process, or (v) if any 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 within sixty (60) days from the filing thereof, or (vi) if a receiver shall be appointed for Tenant or any of the property of Tenant by any court and such receiver shall not have been dismissed within thirty (30) days from the date of his appointment, or (vii) if Tenant shall make an assignment for the benefit of creditors, or (viii) if Tenant shall admit in writing Tenant’s inability to meet Xxxxxx’s debts as they mature, or (ix) if Tenant shall abandon or vacate the Leased Premises during the Termnotice), then Landlord may treat the occurrence of any one or more of the foregoing events as a breach of this LeaseLandlord, and thereupon at its option may, with or without notice or demand of any kind to Tenant or any other person, have any one or more of the following described remedies 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 relet the Premises without terminating this Lease. In the event Landlord either terminates this Lease or reenters and relets without terminating, he shall be entitled to collect any damages resulting from Tenant's default, including, but not limited to, any costs of rerenting the Premises, the difference, if any, between the reasonable rental value of the Premises (or the actual rental at law or in equity or elsewhere hereinwhich the Premises are relet) and the rental provided for herein for the balance of the term. Upon any reentry pursuant to this paragraph, and which may be pursued concurrently or successivelyLandlord may, and an election to pursue one remedy but shall not prevent be obligated to, remove any personal property located in or about the pursuit Premises and store such property at Tenant's expense. If Tenant defaults and Landlord terminates this Lease, Landlord shall use reasonable efforts to mitigate Tenant’s damages. In addition, if Xxxxxx finds a suitable new tenant not already leasing at Riverfront Village to move into the same room type as Tenant’s, Landlord shall apply the rent paid by the new tenant against the rent otherwise due under this Lease; however, if Tenant does not find such a replacement tenant, Tenant still receives a credit against rent otherwise due for rent paid by replacement tenants found by Landlord, but in the chronological order of another remedy:similarly situated former tenants of Riverfront Village who leases have terminated before their contracted lease terms ends. In no event will Landlord be obligated to pay Tenant any excess credit amounts.

Appears in 1 contract

Samples: Lease Agreement

Default/Landlord's Remedies. If default shall be made Tenant (i) defaults in the payment of the Rent Base Rent, or any installment thereof or in the payment of any other sum required monetary changes due hereunder and fails to be paid by Tenant under this Lease or under the terms of any other agreement between Landlord and Tenantremedy such default within ten (10) days after written notice from Landlord, or (ii) if default shall be made defaults in the observance or performance of any of the other covenants or conditions in this Lease which Tenant is required obligation hereunder and fails to observe and perform and remedy such default shall continue for within fifteen (15) days after written notice to Tenant from Landlord (except that, that if the default such failure cannot by its nature be cured within such 15 fifteen (15) day period, this period shall be extended for a reasonable additional time provided that Tenant commences to cure such failure within fifteen (15) day period and if Tenant immediately commences and continuously and proceeds diligently pursues thereafter to effect such cure, the default may exist for a reasonable period not to exceed forty-five (45) days after the date of the notice to Tenant before Landlord can exercise its rights hereunder), or (iii) if a default involves a hazardous condition and is not cured by any proceeding shall be commenced to declare Tenant immediately upon written notice bankrupt or insolvent or to Tenantobtain relief under any chapter or provision of bankruptcy or debtor relief law, or (iv) if the interest any assignment of Tenant in this Lease shall Tenant’s property be levied on under execution or other legal process, or (v) if any 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 within sixty (60) days from the filing thereof, or (vi) if a receiver shall be appointed for Tenant or any of the property of Tenant by any court and such receiver shall not have been dismissed within thirty (30) days from the date of his appointment, or (vii) if Tenant shall make an assignment made for the benefit of creditors, or (viiiv) if a receiver or trustee be appointed for Tenant shall admit in writing or Tenant’s inability property or business, then without further notice to meet XxxxxxTenant, Landlord, in addition to all of Landlord’s debts as they matureother rights and remedies at law and equity, or may enter upon the Leased Premises and terminate this Lease. In the event of such termination the obligations of Landlord shall cease without prejudice; however, Landlord shall have the right to immediately recover from Tenant: (ixa) if Tenant shall abandon or vacate any sums due Landlord for Base Rent and any other payments set forth in this Lease to the date of such entry; (b) the discounted net present value of the unpaid Base Rent that would have become due from the date of such termination until the date this Lease would have expired but for such termination, less the discounted net present value of the reasonable fair market rent for the Leased Premises during said time period; (c) the Term, then Landlord may treat cost of all repairs to correct any damage to the occurrence of any one Leased Premises or more of the foregoing events as a breach of this Lease, Building caused by Tenant (ordinary wear and thereupon at its option may, with or without notice or demand of any kind to Tenant or any other person, have any one or more of the following described remedies in addition to all other rights and remedies provided at law or in equity or elsewhere herein, and which may be pursued concurrently or successively, and an election to pursue one remedy shall not prevent the pursuit of another remedy:tear excepted); and

Appears in 1 contract

Samples: Lease Agreement

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