DEFAULT OF LEASE. Landlord shall have the absolute right of canceling and terminating this lease should rent become delinquent or any violation of the “RULES AND REGULATIONS” and thereupon, the balance remaining under the contract becomes immediately payable. Upon default, it shall be lawful for Landlord to re-enter and repossess the premises, to remove all persons therefrom and to take exclusive possession of and remove all property therefrom with or without judicial process, and all rights of the Tenant shall immediately cease. For the purpose of such re-entry Tenant hereby waives notice of any such failure or default and demand for possession of the premises. The Landlord shall further have the rights provided in Paragraph 12 above despite the fact that the Tenant did not abandon or vacate the premises. The failure on the part of the Landlord to re-enter or repossess the premises or to exercise any of its rights hereunder upon any default will not preclude the Landlord from the exercise of any such rights upon subsequent defaults. The acceptance of past due rent will in no event act as a waiver of Landlord’s right to terminate this lease for non-payment of rent when due, no notice or demand shall be required for enforcement. In the event of a default, the Tenant(s) shall vacate the premises immediately upon the written demand of the landlord.
DEFAULT OF LEASE. Should Resident be in default in the payment of any Rent payable under this Lease, be in default with any terms or obligations of the Lease, violate and / or fail to comply with any of the covenants, terms, or conditions of the Lease, or any provisions or policies herein or hereafter adopted by Landlord, Landlord may terminate this Lease and regain possession of the Unit in any manner allowed by law. It is expressly understood and agreed that Resident shall be liable for any deficiency in Rent and damages to the end of the Lease Term.
DEFAULT OF LEASE. 1. In the event Lessor shall determine a default in the performance by Lessee of any express or implied covenant of the lease, Lessor shall give notice in writing by certified or registered mail, addressed to Lessee’s last address filed with Lessor, specifying the facts by which default is claimed. Except as to rental, minimum royalty, production royalty, and payments in lieu of production royalty requirements as heretofore provided, Lessee shall have thirty (30) days from date of receipt of notice to satisfy the obligation of Lessee, if any, with respect to Lessor’s notice, or provide Lessor satisfactory proof that Lessee is not is default or if in default and Lessee is not able to cure within thirty (30) days, Lessee shall submit for Lessor’s approval a performance schedule with a date certain to satisfy or cure default of Lessee.
2. If Lessee fails to voluntarily satisfy the claim of default concerning rental, minimum royalty, production royalty, payments in lieu of production royalty requirements and/or any other expressed or implied covenant of this lease, the Lessor may proceed, at its sole discretion, with forfeiture of all or part of said leased premises in accordance with 1929 PA 81, MCL 554.281, et seq.
3. If the default is not cured, as provided above, Lessor may take possession of the leased premises or any part thereof, and all nonmetallic minerals and/or nonmetallic mineral products, machinery, fixtures, improvements and Lessee’s personal property on the leased premises become the property of the Lessor. Lessor may then exclude Lessee from the leased premises and declare this lease terminated and Lessee’s rights forfeited. Re- entry by Lessor does not eliminate any other legal remedy for Lessor. No tools, fixtures, machinery or other property of the Lessee shall be removed from said premises, and all sums due on royalties, damages, or other payments, shall be a lien on all implements, tools, movable machinery, and all other chattels used in operating said property, and also upon all of the unsold nonmetallic minerals and/or nonmetallic mineral products obtained from the land herein leased, as security for the payment of royalties, damages, or other payments. This lien may be foreclosed in the same manner as chattel mortgages are foreclosed.
4. Should Lessee be prevented from complying with any express or implied covenant of this lease, after effort made in good faith, or any cause beyond the reasonable control of the Lessee, such as, but not ...
DEFAULT OF LEASE. 1. All mine reclamation requirements are the obligation of the Lessee as defined in Section H, regardless as to the circumstances involved in the releasing of the rights to mine or the termination of the lease. The right to mine under this lease may be forfeited. However, forfeiture of mining rights will not relieve Lessee of any obligations for reclamation of the premises.
2. In the event the Lessor shall determine a default in the performance by the Lessee of any express or implied covenant of this Lease, the Lessor shall give notice, in writing, by personal service or certified United States mail, return receipt requested, to the Lessee’s last known address, specifying the facts by which default is claimed. Except as to royalty requirements as herein provided, the Lessee shall have thirty (30) calendar days from the date such notice is mailed in which to satisfy the obligation of the Lessee, if any, with respect to the Lessor’s notice.
3. No tools, fixtures, machinery or other property of the Lessee shall be removed from said premises, if any royalties, damages, or other payments are due to the Lessor, and all sums due on royalties, damages, or other payments, shall be a lien on all implements, tools, movable machinery, and all other chattels used in operating said property, and also upon all of the unsold construction sand, gravel, cobbles, boulders and clay obtained from the land herein leased, as security for the payment of said royalties, damages, or other payments.
4. Should the Lessee be prevented from complying with any express or implied covenant of this Lease, from conducting operations thereon, or from producing construction sand, gravel, cobbles, boulders and clay therefrom, after effort made in good faith, for any cause beyond the reasonable control of the Lessee, such as, but not limited to war, rebellion, riots, strikes, acts of God or an order or rule of governmental authority, then while so prevented, the Lessee's obligation to comply with such covenant shall be suspended upon proper and satisfactory proof presented to the Lessor in support of the Lessee's contention. The Lessee shall not be liable for damages for failure to comply therewith except in the event of lease operations suspended for wrongful acts or omissions of the Lessee. This Lease shall be extended as to such portion of the leased premises as, while, and so long as the Lessee is prevented, by any such cause, from producing construction sand, gravel, cobbles, boulders and ...
DEFAULT OF LEASE. If you fail to pay any rent by the due date, if you fail to comply with any term or condition of this Lease, if you violate any provision of Ohio Landlord-Tenant law, you are in breach of this Lease and we may declare you in default. Upon your default, we may take one or more actions allowed by law or under this Lease, including eviction. Remember, if one signed tenant breaches this Lease, all of you are liable and subject to eviction.
DEFAULT OF LEASE. 1. In the event the Lessor shall determine a default in the performance by the Lessee of any express or implied covenant of this Lease, the Lessor shall give notice, in writing, by personal service or certified United States mail, return receipt requested, to the Lessee's last known address, specifying the facts by which default is claimed. Except as to rental and offset well requirements as herein provided, the Lessee shall have thirty
DEFAULT OF LEASE. Landlord shall have the absolute right of canceling and terminating this lease should rent become delinquent or any violation of the “RULES AND REGULATIONS” and thereupon, the balance remaining under the contract becomes immediately payable. Landlord may terminate Tenant’s right to occupy the Property by providing Tenant with notice to vacate, pursuant to state law. Subject to state law, Tenant will be liable for any lost rent, all costs incurred in connection with reletting the Property, including, but not limited to, leasing fees, advertising fees, utility charges, and any other expenses reasonably incurred to relet the Property. Tenant will also be responsible for the cost of repairs needed to the Property, beyond normal wear and tear, and all costs associated with the eviction of Tenant, including attorney’s fees, court costs, cost of service, administration costs, witness fees, prejudgement interest, and any other recovery to which Landlord may be entitled under this Lease or by law.
DEFAULT OF LEASE. If Assignee defaults under the Lease, Assignor shall have all rights against Assignee that are available by law and those contained in the Lease, including, without limitation, Assignor's right to reenter and retake possession of the Premises from Assignee.
DEFAULT OF LEASE. 1. All mine reclamation requirements are the obligation of the LESSEE as defined in Section H, regardless as to the circumstances involved in the releasing of the rights to mine or the termination of the lease. The right to mine under this lease may be forfeited. However, forfeiture of mining rights will not relieve LESSEE of any obligations for reclamation of the premises.
2. In the event the LESSOR shall determine a default in the performance by the LESSEE of any express or implied covenant of this Lease, the LESSOR shall give notice, in writing, by personal service or certified United States mail, return receipt requested, to the LESSEE’s last known address, specifying the facts by which default is claimed. Except as to royalty requirements as herein provided, the LESSEE shall have thirty
DEFAULT OF LEASE. 1. In the event LESSOR shall determine a default in the performance by LESSEE of any express or implied covenant of the lease, LESSOR shall give notice in writing by certified mail, addressed to LESSEE's last address filed with LESSOR, specifying the facts by which default is claimed. Except as to rental, minimum royalty, and payments in lieu of production royalty requirements as heretofore provided, LESSEE shall have thirty (30) days from date of receipt of notice to satisfy the obligation of LESSEE, if any, with respect to LESSOR's notice, or provide LESSOR satisfactory proof that LESSEE is not in default or if in default and LESSEE is not able to cure within thirty (30) days, LESSEE shall submit for LESSOR's approval a performance schedule with a date certain to satisfy or cure default of LESSEE.
2. When a mutually satisfactory agreement cannot be reached as to whether or not a default exists in LESSEE's performance under the lease, the LESSEE may request, in writing, within thirty (30) days of receipt of LESSOR's notice of intent to commence an action in a court of competent jurisdiction for forfeiture of lease, that, prior to LESSOR filing for forfeiture under H-5 below, the factual issues to the existence of a default be reviewed through non-binding mediation. Any such requests shall be granted.
3. Mediation shall address only factual matters and not matters of law. LESSEE and LESSOR shall agree to mutually select a mediator to hear any dispute. If LESSEE and LESSOR cannot agree on a mediator, each may designate a mediator who will in turn together select a third mediator, and all three mediators shall hear the dispute. LESSOR and LESSEE agree to share the expenses of the mutually agreed to mediator and/or the third appointed mediator, if that be the case, as well as all the expenses arising out of the conduct of any hearing. Each shall bear the cost of their own attorney and witnesses on their behalf.
4. The findings of fact and mediator's recommendation shall be presented to the LESSOR for a determination. The LESSOR may consider public comment before determination is made on the mediator's recommendation. Within forty-five (45) days of receipt of mediator's recommendation by LESSOR, LESSOR shall notify LESSEE of concurrence or nonconcurrence with the mediator's recommendation.
5. If LESSEE fails to voluntarily satisfy the claim of default concerning rental, minimum royalty, production royalty and/or any other expressed or implied covenant of this ...
