DEFAULT OF LESSEE. This Lease shall, at the option of Lessor, cease and terminate if (i) Lessee shall fail to pay rent including any installment of monthly rent, costs of preoccupancy tenant work, or any additional rent or other charges, although no legal or formal demand has been made, and such failure to pay rent shall continue for a period of five (5) days after written notice has been delivered by Lessor to Lessee, or (ii) Lessee shall violate or fail to perform any of the other conditions, covenants or agreements of this Lease made by Lessee, and any violation or failure to perform any of those conditions, covenants or agreements shall continue for a period of ten (10) days, after written notice thereof has been delivered by Lessor to Lessee, or in cases where the violation or failure to perform cannot be corrected within ten (10) days, Lessee does not begin to correct the violation or failure to perform within ten (10) days after receiving Lessor's written notice and/or Lessee thereafter does not diligently pursue the correction of the violation or failure to perform. Any said violation or failure to perform or to pay any rent, if left uncorrected, shall operate as a notice to quit, any further notice to quit or notice of Lessor's intention to re-enter being hereby expressly waived. Lessor may hereafter proceed to recover possession under and by virtue of the provisions of the laws of the District of Columbia or by such other proceedings, including re-entry and possession, as may be applicable. If Lessor elects to terminate this Lease, everything herein contained on the part of Lessor to be done and performed shall cease without prejudice to the right of Lessor to recover from Lessee all accrued rent up to the time of termination or recovery of possession by Lessor, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease by reason of Lessee's default as hereinabove provided, or if Lessee shall abandon or vacate the Demised Premises before the expiration or termination of the term of this Lease, the Demised Premises may be relet by Lessor for a monthly rent and upon such terms as are not unreasonable under the circumstances and, if the full monthly rent provided for in this Lease shall not be realized by Lessor, Lessee shall be liable for all damages sustained by Lessor, including, without limitation, deficiency in rent and other payments, reasonable attorneys' fees, brokerage fees, and expenses of placing the Demised Premises in first class rentable condition. Any damage or loss of monthly rent sustained by Lessor may be recovered by Lessor, at Lessor's option, at the time of the reletting, or in separate actions, from time to time, as said damage shall have been made more easily ascertainable by successive relettings, or, at Lessor's option, may be deferred until the expiration of the term of this Lease, in which event the cause of action shall not be deemed to have accrued until the date of expiration of said term. The provisions contained in this section shall be in addition to and shall not prevent the enforcement of any claim Lessor may have against Lessee for anticipatory breach of the unexpired term of this Lease.
Appears in 1 contract
DEFAULT OF LESSEE. This The occurrence of any one or more of the following events (in this Article sometimes called "Event of Default") shall constitute a default and breach of this Lease shall, at the option of Lessor, cease and terminate if (i) by Lessee:
A. If Lessee shall fail fails to pay rent including any installment of monthly rentAnnual Minimum Rent, costs of preoccupancy tenant work, Percentage Rent or Additional Rent payable under this Lease or fails to pay any additional rent or other charges, although no legal or formal demand has been madeobligation required to be paid by Lessee when and as the same shall become due and payable, and such failure to pay rent shall continue for a period of five (5) days after written notice has been delivered by Lessor to Lessee, or (ii) Lessee shall violate or fail to perform any of the other conditions, covenants or agreements of this Lease made by Lessee, and any violation or failure to perform any of those conditions, covenants or agreements shall continue default continues for a period of ten (10) days, days after written notice thereof has been delivered given by Lessor to Lessee.
B. If Lessee fails to perform any of Lessee's nonmonetary obligations under this Lease for a period of thirty (30) days after written notice from Lessor; provided that if more time is required to complete such performance, Lessee shall not be in default if Lessee commences such performance within the thirty- day period and thereafter diligently pursues its completion. However, Lessor shall not be required to give such notice if Lessee's failure to perform constitutes a non-curable breach of this Lease. The notice required by this subsection is intended to satisfy any and all notice requirements imposed by law on Lessor and is not in addition to any such requirement.
C. If Lessee, by operation of law or otherwise, violates the provisions of Article XIV hereof relating to assignment, sublease, mortgage or other transfer of Lessee's interest in this Lease or in the Premises or in the income arising therefrom, and such default continues for a period of thirty (30) days after written notice thereof by Lessor to Lessee.
D. Lessee, by operation of law or otherwise, violates the provisions of Article XXII relating to compliance with environmental laws, and such default continues for a period of thirty (30) days after written notice thereof by Lessor to Lessee.
E. If
(i) Lessee makes a general assignment or general arrangement for the benefit of creditors; (ii) a petition for adjudication of bankruptcy or for reorganization or rearrangement is filed by or against Lessee and is not dismissed within thirty (30) days; (iii) if a trustee or receiver is appointed to take possession of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease and possession is not restored to Lessee within thirty (30) days; or (iv) if substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease is subjected to attachment, execution or other judicial or non-judicial seizure which is not discharged within thirty (30) days. If a court of competent jurisdiction determines that any of the acts described in this subsection does not constitute an Event of Default and a trustee is appointed to take possession (or if Lessee remains a debtor in possession) and such trustee or Lessee transfers Lessee's interest hereunder, then Lessor shall receive, as Additional Rent, the difference between the rent (or any other consideration) paid in connection with such assignment or sublease and the rent payable by Lessee hereunder. As used in this subsection, the term "Lessee" shall also mean any guarantor of Lessee's obligations under this Lease. If any such Event of Default shall occur, Lessor, at any time during the continuance of any such Event of Default, may give written notice to Lessee stating that this Lease shall expire and terminate on the date specified in such notice, and upon the date specified in such notice this Lease, and all rights of Lessee under this Lease, including all rights of renewal whether exercised or not, shall expire and terminate, or in cases where the violation alternative or failure in addition to perform cannot be corrected within ten (10) daysthe foregoing remedy, Lessee does not begin to correct the violation or failure to perform within ten (10) days after receiving Lessor's written notice and/or Lessee thereafter does not diligently pursue the correction of the violation or failure to perform. Any said violation or failure to perform or to pay any rent, if left uncorrected, shall operate as a notice to quit, any further notice to quit or notice of Lessor's intention to re-enter being hereby expressly waived. Lessor may hereafter proceed to recover possession under assert and by virtue have the benefit of the provisions of the laws of the District of Columbia or by such any other proceedings, including re-entry and possession, as may be applicable. If Lessor elects to terminate this Lease, everything herein contained on the part of Lessor to be done and performed shall cease without prejudice to the right of Lessor to recover from Lessee all accrued rent up to the time of termination or recovery of possession by Lessor, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease by reason of Lessee's default as hereinabove provided, or if Lessee shall abandon or vacate the Demised Premises before the expiration or termination of the term of this Lease, the Demised Premises may be relet by Lessor for a monthly rent and upon such terms as are not unreasonable under the circumstances and, if the full monthly rent provided for in this Lease shall not be realized by Lessor, Lessee shall be liable for all damages sustained by Lessor, including, without limitation, deficiency in rent and other payments, reasonable attorneys' fees, brokerage fees, and expenses of placing the Demised Premises in first class rentable condition. Any damage or loss of monthly rent sustained by Lessor may be recovered by Lessorremedy allowed herein, at Lessor's option, at the time of the relettinglaw, or in separate actionsequity. Upon the occurrence of an Event of Default by Lessee, from and at any time to timethereafter, as said damage shall have been made more easily ascertainable by successive relettingswith or without notice or demand and without limiting Lessor in the exercise of any right or remedy which Lessor may have, or, at Lessor's option, may be deferred until the expiration of the term of this Lease, in which event the cause of action shall not be deemed to have accrued until the date of expiration of said term. The provisions contained in this section Lessor shall be in addition entitled to the rights and shall not prevent the enforcement of any claim Lessor may have against Lessee for anticipatory breach of the unexpired term of this Lease.remedies set forth below:
Appears in 1 contract
DEFAULT OF LESSEE. This Lease shall, at the option of Lessor, cease and terminate if (if: i) Lessee shall fail fails to pay rent Rent, including any installment of monthly rentMonthly Rent, additional Rent, costs of preoccupancy tenant workthe Improvements (if any are payable by Lessee hereunder), or any sums, charges, expenses and costs of any kind or nature identified in this Lease as additional rent or other chargesRent, although no legal or formal demand has been made, and such failure to pay rent shall continue Rent continues for a period of five (5) days after written notice addressed to Lessee has been delivered by Lessor to Lesseethe Demised Premises (and to no other address, notwithstanding any other notice address for the Lessee pursuant to section 41 of this Lease); or (ii) Lessee shall violate violates or fail fails to perform any of the other conditions, covenants or agreements of this Lease made by LesseeLease, and any violation or failure to perform any of those conditions, covenants or agreements shall continue continues for a period of ten (10) days, days after written notice thereof has been delivered by Lessor to Lessee, or or, in cases where the violation or failure to perform cannot by its nature be corrected within ten (10) days, Lessee does not begin to correct the violation or failure to perform within ten (10) days after receiving Lessor's ’s written notice and/or Lessee thereafter does not diligently pursue the correction of the violation or failure to perform. Any said violation or failure to perform or to pay any rentRent, if left uncorrected, shall operate as a notice to quit, any further notice to quit or notice of Lessor's ’s intention to re-enter being hereby expressly waived. Lessor may hereafter thereafter proceed to recover possession under and by virtue of the provisions of the laws of the District of Columbia jurisdiction in which the Building is located or by such other proceedings, including re-entry and possession, as may be applicable. If Lessor elects to terminate this Lease, everything herein contained on the part of Lessor to be done and performed shall cease without prejudice to the right of Lessor to recover from Lessee all accrued rent Rent accruing up to and through the time date of termination of this Lease or the date of recovery of possession of the Demised Premises by Lessor, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease by reason of Lessee's ’s default as hereinabove provided, or if Lessee shall abandon abandons or vacate vacates the Demised Premises (coupled with non payment of Rent) before the expiration or termination of the term of this Lease, the Demised Premises may be relet by Lessor for a monthly such rent and upon such terms as are not unreasonable under the circumstances circumstances, and, if the full monthly rent hereinabove provided for in this Lease shall is not be realized by Lessor, Lessee shall be liable for all damages sustained by Lessor, including, without limitation, deficiency in rent and other paymentsRent, reasonable attorneys' ’ fees, brokerage fees, and expenses of placing the Demised Premises in first class rentable conditiona condition equal to that of the Demised Premises on the Occupancy Date. Any damage or loss of monthly rent Rent sustained by Lessor may be recovered by Lessor, at Lessor's ’s option, at the time of the reletting, or in separate actions, from time to time, as said damage shall have been made more easily ascertainable by successive relettings, or, at Lessor's ’s option, may be deferred until the expiration of the term of this Lease, in which event the cause of action shall not be deemed to have accrued until the date of expiration of said term. The provisions contained in this section shall be in addition to and shall not prevent the enforcement of any claim Lessor may have against Lessee for anticipatory breach of the unexpired term of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Inphonic Inc)
DEFAULT OF LESSEE. This Lease shall, at the option of Lessor, cease and terminate if (if. i) Lessee shall fail fails to pay rent Rent, including any installment of monthly rentMonthly Rent, additional Rent, costs of preoccupancy tenant workthe Improvements (if any are payable by Lessee hereunder), or any sums, charges, expenses and costs of any kind or nature identified in this Lease as additional rent or other chargesRent, although no legal or formal demand has been made, and such failure to pay rent shall continue Rent continues for a period of five (5) days after written notice addressed to Lessee has been delivered by Lessor to Lesseethe Demised Premises (and to no other address, notwithstanding any other notice address for the Lessee pursuant to section 41 of this Lease); or (ii) Lessee shall violate violates or fail fails to perform any of the other conditions, covenants or agreements of this Lease made by LesseeLease, and any violation or failure to perform any of those conditions, covenants or agreements shall continue continues for a period of ten (10) days, days after written notice thereof has been delivered by Lessor to Lessee, or or, in cases where the violation or failure to perform cannot by its nature be corrected within ten (10) days, Lessee does not begin to correct the violation or failure to perform within ten (10) days after receiving Lessor's Lessees written notice and/or Lessee thereafter does not diligently pursue the correction of the violation or failure to perform. Any said violation or failure to perform or to pay any rentRent, if left uncorrected, shall operate as a notice to quit, any further notice to quit or notice of Lessor's intention to re-enter being hereby expressly waived. Lessor may hereafter thereafter proceed to recover possession under and by virtue of the provisions of the laws of the District of Columbia jurisdiction in which the Building is located or by such other proceedings, including re-entry and possession, as may be applicable. If Lessor elects to terminate this Lease, everything herein contained on the part of Lessor to be done and performed shall cease without prejudice to the right of Lessor to recover from Lessee all accrued rent Rent accruing up to and through the time date of termination of this Lease or the date of recovery of possession of the Demised Premises by Lessor, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease by reason of Lessee's default as hereinabove provided, or if Lessee shall abandon abandons or vacate vacates the Demised Premises before the expiration or termination of the term of this Lease, the Demised Premises may be relet by Lessor for a monthly such rent and upon such terms as are not unreasonable under the circumstances circumstances, and, if the full monthly rent hereinabove provided for in this Lease shall is not be realized by Lessor, Lessee shall be liable for all damages sustained by Lessor, including, without limitation, deficiency in rent and other paymentsRent, reasonable attorneys' fees, brokerage fees, and expenses of placing the Demised Premises in first class rentable conditiona condition equal to that of the Demised Premises on the Occupancy Date. Any damage or loss of monthly rent Rent sustained by Lessor may be recovered by Lessor, at Lessor's Lessees option, at the time of the reletting, or in separate actions, from time to time, as said damage shall have been made more easily ascertainable by successive relettingsreletting, or, at Lessor's Lessees option, may be deferred until the expiration of the term of this Lease, in which event the cause of action shall not be deemed to have accrued until the date of expiration of said term. The provisions contained in this section shall be in addition to and shall not prevent the enforcement of any claim Lessor may have against Lessee for anticipatory breach of the unexpired unexplored term of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Inphonic Inc)
DEFAULT OF LESSEE. This The occurrence of any one or more of the following events (in this Article sometimes called "Event of Default") shall constitute a default and breach of this Lease shall, at the option of Lessor, cease and terminate if (i) by Lessee:
A. If Lessee shall fail fails to pay rent including any installment of monthly rent, costs of preoccupancy tenant work, Base Rent or Additional Rent payable under this Lease or fails to pay any additional rent or other charges, although no legal or formal demand has been madeobligation required to be paid by Lessee when and as the same shall become due and payable, and such failure to pay rent shall continue default continues for a period of five (5) days after written notice has been delivered thereof given by Lessor to Lessee, or (ii) .
B. If Lessee shall violate or fail fails to perform any of Lessee's nonmonetary obligations under this Lease for a period of thirty (30) days after written notice from Lessor; provided that if more time is required to complete such performance, Lessee shall not be in default if Lessee commences such performance within the other conditionsthirty-day period and thereafter diligently pursues its completion. However, covenants or agreements Lessor shall not be required to give such notice if Lessee's failure to perform constitutes a non-curable breach of this Lease. The notice required by this subsection is intended to satisfy any and all notice requirements imposed by law on Lessor and is not in addition to any such requirement.
C. If Lessee, by operation of law or otherwise, violates the provisions of Article XI hereof relating to assignment, sublease, mortgage or other transfer of Lessee's interest in this Lease made or in the Premises or in the income arising therefrom.
D. Lessee, by operation of law or otherwise, violates the provisions of Article XVII.R relating to compliance with environmental laws.
E. If
(i) Lessee makes a general assignment or general arrangement for the benefit of creditors; (ii) a petition for adjudication of bankruptcy or for reorganization or rearrangement is filed by or against Lessee and is not dismissed within thirty (30) days; (iii) if a trustee or receiver is appointed to take possession of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease and possession is not restored to Lessee within thirty (30) days; or (iv) if substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease is subjected to attachment, execution or other judicial or non-judicial seizure which is not discharged within thirty (30) days. If a court of competent jurisdiction determines that any of the acts described in this subsection does not constitute an Event of Default and a trustee is appointed to take possession (or if Lessee remains a debtor in possession) and such trustee or Lessee transfers Lessee's interest hereunder, then Lessor shall receive, as Additional Rent, the difference between the rent (or any other consideration) paid in connection with such assignment or sublease and the rent payable by Lessee hereunder. As used in this subsection, the term "Lessee" shall also mean any guarantor of Lessee's obligations under this Lease. If any such Event of Default shall occur, Lessor, at any time during the continuance of any such Event of Default, may give written notice to Lessee stating that this Lease shall expire and terminate on the date specified in such notice, and upon the date specified in such notice this Lease, and all rights of Lessee under this Lease, including all rights of renewal whether exercised or not, shall expire and terminate, or in the alternative or in addition to the foregoing remedy, Lessor may assert and have the benefit of any other remedy allowed herein, at law, or in equity. Upon the occurrence of an Event of Default by Lessee, and at any violation time thereafter, with or failure to perform without notice or demand and without limiting Lessor in the exercise of any of those conditions, covenants right or agreements shall continue for a period of ten (10) days, after written notice thereof has been delivered by Lessor to Lessee, or in cases where the violation or failure to perform cannot be corrected within ten (10) days, Lessee does not begin to correct the violation or failure to perform within ten (10) days after receiving Lessor's written notice and/or Lessee thereafter does not diligently pursue the correction of the violation or failure to perform. Any said violation or failure to perform or to pay any rent, if left uncorrected, shall operate as a notice to quit, any further notice to quit or notice of Lessor's intention to re-enter being hereby expressly waived. remedy which Lessor may hereafter proceed to recover possession under and by virtue of the provisions of the laws of the District of Columbia or by such other proceedingshave, including re-entry and possession, as may Lessor shall be applicable. If Lessor elects to terminate this Lease, everything herein contained on the part of Lessor to be done and performed shall cease without prejudice entitled to the right of Lessor to recover from Lessee all accrued rent up to the time of termination or recovery of possession by Lessor, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease by reason of Lessee's default as hereinabove provided, or if Lessee shall abandon or vacate the Demised Premises before the expiration or termination of the term of this Lease, the Demised Premises may be relet by Lessor for a monthly rent rights and upon such terms as are not unreasonable under the circumstances and, if the full monthly rent provided for in this Lease shall not be realized by Lessor, Lessee shall be liable for all damages sustained by Lessor, including, without limitation, deficiency in rent and other payments, reasonable attorneys' fees, brokerage fees, and expenses of placing the Demised Premises in first class rentable condition. Any damage or loss of monthly rent sustained by Lessor may be recovered by Lessor, at Lessor's option, at the time of the reletting, or in separate actions, from time to time, as said damage shall have been made more easily ascertainable by successive relettings, or, at Lessor's option, may be deferred until the expiration of the term of this Lease, in which event the cause of action shall not be deemed to have accrued until the date of expiration of said term. The provisions contained in this section shall be in addition to and shall not prevent the enforcement of any claim Lessor may have against Lessee for anticipatory breach of the unexpired term of this Lease.remedies set forth below:
Appears in 1 contract
Samples: Lease (Papa Johns International Inc)
DEFAULT OF LESSEE. This Lease shall, at the the, option of Lessor, cease and terminate if (i) Lessee shall fail fails to pay rent rent, including any installment of monthly rent, costs of preoccupancy tenant work, Monthly Rent or any additional rent or other chargesrent, although no legal or formal demand has been made, and such failure to pay rent shall continue continues for a period of five ten (510) days after written notice addressed to Lessee has been delivered by Lessor to Lesseethe Demised Premises, or (ii) Lessee shall violate violates or fail fails to perform any of the other conditions, covenants or agreements of this Lease made by Lessee, and any violation or failure to perform any of those conditions, covenants or agreements shall continue continues for a period of ten thirty (1030) days, days after written notice thereof has been delivered by Lessor to Lessee, or or, in cases where the violation or failure to perform cannot be corrected within ten thirty (1030) days, Lessee does not begin to correct the violation or failure to perform within ten thirty (1030) days after receiving Lessor's written notice and/or Lessee thereafter does not diligently pursue the correction of the violation or failure to perform. Any said violation or failure to perform or to pay any rent, if left uncorrected, shall operate as a notice to quit, any further notice to quit or notice of Lessor's intention to re-enter being hereby expressly waived. Lessor may hereafter thereafter proceed to recover possession under and by virtue of the provisions of the laws of the District of Columbia jurisdiction in which the Building is located or by such other proceedings, including re-entry and possession, as may be applicable. If Lessor elects to terminate this Lease, everything herein contained on the part of Lessor to be done and performed shall cease without prejudice to the right of Lessor to recover from Lessee all accrued rent accruing up to and through the time date of termination of this Lease or the date of recovery of possession of the Demised Premises by Lessor, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease by reason of Lessee's default as hereinabove provided, or if Lessee shall abandon or vacate abandons the Demised Premises before the expiration or termination of the term of this Lease, the Demised Premises may be relet by Lessor for a monthly such rent and upon such terms as are not unreasonable under the circumstances circumstances, and, if the full monthly rent hereinabove provided for in this Lease shall is not be realized by Lessor, Lessee shall be liable for all damages sustained by Lessor, including, without limitation, deficiency in rent and other paymentsrent, reasonable attorneys' fees, brokerage fees, and expenses of placing the Demised Premises in first first-class rentable condition. Any damage or loss of monthly rent sustained by Lessor (including any deficiency between the rent reserved pursuant to the reletting and the rent reserved under this Lease, accelerated to the date of reletting) may be recovered by Lessor, at Lessor's 'option, at the time of the reletting, or in separate actions, from time to time, . as said damage shall have been made more easily ascertainable by successive relettings, or, at Lessor's option, may be deferred until the expiration of the term of this Lease, in which event the cause of action shall not be deemed to have accrued until the date of expiration of said term. The provisions contained in this section Section shall be in addition to and shall not prevent the enforcement of any claim Lessor may have against Lessee for anticipatory breach of the unexpired term of this Lease.
Appears in 1 contract
Samples: Office Lease (Hagler Bailly Inc)
DEFAULT OF LESSEE. This The occurrence of any one or more of the following events (in this Article sometimes called "Event of Default") shall constitute a default and breach of this Lease shall, at the option of Lessor, cease and terminate if (i) by Lessee:
A. If Lessee shall fail fails to pay rent including any installment of monthly rent, costs of preoccupancy tenant work, Base Rent or Additional Rent payable under this Lease or fails to pay any additional rent or other charges, although no legal or formal demand has been madeobligation required to be paid by Lessee when and as the same shall become due and payable, and such failure to pay rent shall continue for a period of five (5) days after written notice has been delivered by Lessor to Lessee, or (ii) Lessee shall violate or fail to perform any of the other conditions, covenants or agreements of this Lease made by Lessee, and any violation or failure to perform any of those conditions, covenants or agreements shall continue default continues for a period of ten (10) days, days after written notice thereof has been delivered given by Lessor to Lessee.
B. If Lessee fails to perform any of Lessee's nonmonetary obligations under this Lease for a period of thirty (30) days after written notice from Lessor; provided that if more time is required to complete such performance, or Lessee shall not be in cases where default if Lessee commences such performance within the violation or thirty-day period and thereafter diligently pursues its completion. However, Lessor shall not be required to give such notice if Lessee's failure to perform canconstitutes a non-curable breach of this Lease. The notice required by this subsection is intended to satisfy any and all notice requirements imposed by law on Lessor and is not be corrected within ten (10) daysin addition to any such requirement.
C. If Lessee, Lessee does not begin to correct the violation by operation of law or failure to perform within ten (10) days after receiving Lessor's written notice and/or Lessee thereafter does not diligently pursue the correction of the violation or failure to perform. Any said violation or failure to perform or to pay any rentotherwise, if left uncorrected, shall operate as a notice to quit, any further notice to quit or notice of Lessor's intention to re-enter being hereby expressly waived. Lessor may hereafter proceed to recover possession under and by virtue of violates the provisions of the laws of the District of Columbia Article X hereof relating to assignment, sublease, mortgage or by such other proceedings, including re-entry and possession, as may be applicable. If Lessor elects to terminate this Lease, everything herein contained on the part of Lessor to be done and performed shall cease without prejudice to the right of Lessor to recover from Lessee all accrued rent up to the time of termination or recovery of possession by Lessor, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease by reason transfer of Lessee's default as hereinabove provided, or if Lessee shall abandon or vacate the Demised Premises before the expiration or termination of the term of this Lease, the Demised Premises may be relet by Lessor for a monthly rent and upon such terms as are not unreasonable under the circumstances and, if the full monthly rent provided for interest in this Lease shall or in the Premises or in the income arising therefrom.
D. If Lessee, by operation of law or otherwise, violates the provisions of Article XVI.R relating to compliance with environmental laws.
E. If
(i) Lessee makes a general assignment or general arrangement for the benefit of creditors; (ii) a petition for adjudication of bankruptcy or for reorganization or rearrangement is filed by or against Lessee and is not be realized by Lessor, Lessee shall be liable for dismissed within thirty (30) days; (iii) if a trustee or receiver is appointed to take possession of substantially all damages sustained by Lessor, including, without limitation, deficiency in rent and other payments, reasonable attorneys' fees, brokerage fees, and expenses of placing the Demised Premises in first class rentable condition. Any damage or loss of monthly rent sustained by Lessor may be recovered by Lessor, at LessorLessee's option, assets located at the time Premises or of Lessee's interest in this Lease and possession is not restored to Lessee within thirty (30) days; or (iv) if substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease is subjected to attachment, execution or other judicial or non-judicial seizure which is not discharged within thirty (30) days. If a court of competent jurisdiction determines that any of the reletting, or in separate actions, from time to time, as said damage shall have been made more easily ascertainable by successive relettings, or, at Lessor's option, may be deferred until the expiration of the term of this Lease, in which event the cause of action shall not be deemed to have accrued until the date of expiration of said term. The provisions contained acts described in this section shall be in addition subsection does not constitute an Event of Default and a trustee is appointed to and shall not prevent the enforcement of any claim Lessor may have against Lessee for anticipatory breach of the unexpired term of this Lease.take possession (or if Lessee
Appears in 1 contract
DEFAULT OF LESSEE. This The occurrence of any one or more of the following events (in this Article sometimes called "Event of Default") shall constitute a default and breach of this Lease shall, at the option of Lessor, cease and terminate if (i) by Lessee:
A. If Lessee shall fail fails to pay rent including any installment of monthly rent, costs of preoccupancy tenant work, Base Rent or Additional Rent payable under this Lease or fails to pay any additional rent or other charges, although no legal or formal demand has been madeobligation required to be paid by Lessee when and as the same shall become due and payable, and such failure to pay rent shall continue default continues for a period of five (5) days after written notice has been delivered thereof given by Lessor to Lessee, or (ii) .
B. If Lessee shall violate or fail fails to perform any of the other conditions, covenants or agreements of Lessee's nonmonetary obligations under this Lease made by Lessee, and any violation or failure to perform any of those conditions, covenants or agreements shall continue for a period of ten thirty (1030) days, days after written notice thereof has been delivered by from Lessor; provided that if more time is required to complete such performance, Lessee shall not be in default if Lessee commences such performance within the thirty-day period and thereafter diligently pursues its completion. However, Lessor shall not be required to give such notice if Lessee, or in cases where the violation or 's failure to perform canconstitutes a non-curable breach of this Lease. The notice required by this subsection is intended to satisfy any and all notice requirements imposed by law on Lessor and is not be corrected within ten (10) daysin addition to any such requirement.
C. If Lessee, Lessee does not begin to correct the violation by operation of law or failure to perform within ten (10) days after receiving Lessor's written notice and/or Lessee thereafter does not diligently pursue the correction of the violation or failure to perform. Any said violation or failure to perform or to pay any rentotherwise, if left uncorrected, shall operate as a notice to quit, any further notice to quit or notice of Lessor's intention to re-enter being hereby expressly waived. Lessor may hereafter proceed to recover possession under and by virtue of violates the provisions of the laws of the District of Columbia Article XI hereof relating to assignment, sublease, mortgage or by such other proceedings, including re-entry and possession, as may be applicable. If Lessor elects to terminate this Lease, everything herein contained on the part of Lessor to be done and performed shall cease without prejudice to the right of Lessor to recover from Lessee all accrued rent up to the time of termination or recovery of possession by Lessor, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease by reason transfer of Lessee's default as hereinabove provided, or if Lessee shall abandon or vacate the Demised Premises before the expiration or termination of the term of this Lease, the Demised Premises may be relet by Lessor for a monthly rent and upon such terms as are not unreasonable under the circumstances and, if the full monthly rent provided for interest in this Lease shall or in the Premises or in the income arising therefrom.
D. Lessee, by operation of law or otherwise, violates the provisions of Article XVII.R relating to compliance with environmental laws.
E. If
(i) Lessee makes a general assignment or general arrangement for the benefit of creditors; (ii) a petition for adjudication of bankruptcy or for reorganization or rearrangement is filed by or against Lessee and is not be realized by Lessor, Lessee shall be liable for dismissed within thirty (30) days; (iii) if a trustee or receiver is appointed to take possession of substantially all damages sustained by Lessor, including, without limitation, deficiency in rent and other payments, reasonable attorneys' fees, brokerage fees, and expenses of placing the Demised Premises in first class rentable condition. Any damage or loss of monthly rent sustained by Lessor may be recovered by Lessor, at LessorLessee's option, assets located at the time Premises or of Lessee's interest in this Lease and possession is not restored to Lessee within thirty (30) days; or (iv) if substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease is subjected to attachment, execution or other judicial or non-judicial seizure which is not discharged within thirty (30) days. If a court of competent jurisdiction determines that any of the reletting, or acts described in separate actions, from time to time, as said damage shall have been made more easily ascertainable by successive relettings, or, at Lessor's option, may be deferred until the expiration of the term of this Lease, in which event the cause of action shall not be deemed to have accrued until the date of expiration of said term. The provisions contained in this section shall be in addition to and shall not prevent the enforcement of any claim Lessor may have against Lessee for anticipatory breach of the unexpired term of this Lease.this
Appears in 1 contract
Samples: Lease (Vanstar Corp)
DEFAULT OF LESSEE. This The occurrence of any one or more of the following events (in this Article sometimes called "Event of Default") shall constitute a default and breach of this Lease shall, at the option of Lessor, cease and terminate if (i) by Lessee:
A. If Lessee shall fail fails to pay rent including any installment of monthly rent, costs of preoccupancy tenant work, Base Rent or Additional Rent payable under this Lease or fails to pay any additional rent or other charges, although no legal or formal demand has been madeobligation required to be paid by Lessee when and as the same shall become due and payable, and such failure to pay rent shall continue default continues for a period of five (5) days after written notice has been delivered thereof given by Lessor to Lessee, or (ii) .
B. If Lessee shall violate or fail fails to perform any of Lessee's nonmonetary obligations under this Lease for a period of thirty (30) days after written notice from Lessor; provided that if more time is required to complete such performance, Lessee shall not be in default if Lessee commences such performance within the other conditionsthirty-day period and thereafter diligently pursues its completion. However, covenants or agreements Lessor shall not be required to give such notice if Lessee's failure to perform constitutes a non-curable breach of this Lease. The notice required by this subsection is in- tended to satisfy any and all notice requirements imposed by law on Lessor and is not in addition to any such requirement. -42-
C. If Lessee, by operation of law or otherwise, violates the provisions of Article X hereof relating to assignment, sublease, mortgage or other transfer of Lessee's interest in this Lease made or in the Premises or in the income arising therefrom.
D. If Lessee, by operation of law or otherwise, violates the provisions of Article XVI.R relating to compliance with environmental laws.
E. If
(i) Lessee makes a general assignment or general arrangement for the benefit of creditors; (ii) a petition for adjudication of bankruptcy or for reorganization or rearrangement is filed by or against Lessee and is not dismissed within sixty (60) days; (iii) if a trustee or receiver is appointed to take possession of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease and possession is not restored to Lessee within sixty (60) days; or (iv) if substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease is sub- jected to attachment, execution or other judicial or non- judicial seizure which is not discharged within sixty (60) days. If a court of competent jurisdiction deter- mines that any of the acts described in this subsection does not constitute an Event of Default and a trustee is appointed to take possession (or if Lessee remains a debtor in possession) and such trustee or Lessee trans- fers Lessee's interest hereunder, then Lessor shall receive, as Additional Rent, the difference between the rent (or any other consideration) paid in connection with such assignment or sublease and the rent payable by Lessee hereunder. If any such Event of Default shall occur, Lessor, at any time during the continuance of any such Event of Default, may give written notice to Lessee stating that this Lease shall expire and terminate on the date specified in such notice, and upon the date speci- fied in such notice this Lease, and all rights of Lessee under this Lease, including all rights of renewal whether exercised or not, shall expire and terminate, or in the alternative or in addition to the foregoing remedy, Les- -43- sor may assert and have the benefit of any other remedy allowed herein, at law, or in equity. Upon the occurrence of an Event of Default by Lessee, and at any violation time thereafter, with or failure without notice or demand and without limiting Lessor in the exercise of any right or remedy which Lessor may have, Lessor shall be entitled to perform the rights and remedies set forth below:
A. With or without notice or demand, terminate Lessee's right to possession of the Premises by any lawful means, in which case this Lease shall not terminate unless Lessor gives written Notice to Lessee of those conditionsits intention to terminate this Lease and Lessee shall immediately surrender possession of the Premises to Lessor. In such event, covenants Lessor shall have the immediate right to reenter and remove all persons and property, and such property may be removed and stored in a public warehouse or agreements shall continue elsewhere at the cost of, and for the account of Lessee, without service of notice or resort to legal process in the event of a monetary default and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby, unless caused by the gross negligence of Lessor. A termination of possession pursuant to this paragraph for a period of ten (10) daysnon-monetary default shall be accomplished only by utilizing the appropriate legal process. In the event that Lessor shall elect to so terminate this Lease, after written notice thereof has been delivered then Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
1. The equivalent of the amount of the Base Rent and Additional Rent which would be payable under this Lease by Lessee if this Lease were still in effect, less
2. The net proceeds of any reletting affected pursuant to Lesseethe provisions of this Article XIV hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage com- missions, legal expenses, reasonable attorneys' -44- fees, alteration costs, and expenses of preparation of the Premises, or in cases where the violation or failure any portion thereof, for such reletting. Lessor shall provide to perform cannot be corrected within ten (10) days, Lessee does not begin to correct the violation or failure to perform within ten (10) days after receiving request from Lessor's written notice and/or Lessee thereafter does not diligently pursue the correction , reasonable evidence of the violation or failure deductions referred in this para- graph. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Article XIV as set forth in a written statement thereof from Lessor to perform. Any said violation or failure Lessee (hereinafter called the "Deficiency"), to perform or to pay any rent, if left uncorrected, shall operate as a notice to quit, any further notice to quit or notice of Lessor's intention to re-enter being hereby expressly waived. Lessor may hereafter proceed to recover possession under and by virtue of the provisions of the laws of the District of Columbia or by such other proceedings, including re-entry and possession, as may be applicable. If Lessor elects to terminate this Lease, everything herein contained in monthly installments on the part of days on which the rent would have been payable under this Lease if this Lease were still in effect, and Lessor to shall be done and performed shall cease without prejudice to the right of Lessor entitled to recover from Lessee all accrued rent up each monthly installment of the Deficiency as the same shall arise.
B. At any time after an Event of Default, whether or not Lessor shall have collected any monthly Deficiency as set forth in this Article XIV, and after Lessor has re-let the Premises, Lessor shall be entitled to recover from Lessee, and Lessee shall pay to Lessor, on demand, as and for final damages for Lessee's default, an amount equal to the time then present worth of termination or recovery the aggregate of possession the Base Rent and Additional Rent and any other charges to be paid by Lessor, whichever is later. Should this Lease be terminated before Lessee hereunder for the expiration unexpired portion of the term of this Lease (assuming this Lease had not been so termi- nated). In the computation of present worth, a discount at the rate of 8% per annum shall be employed. The amount of rent received upon the reletting required here- under shall be offset against any monies claimed pursuant to this subsection. Nothing herein contained or con- tained in this Article XIV shall limit or prejudice the right of Lessor to prove for and obtain, as damages, an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, such damages are to be proved, whether or not such amount be greater, equal to or less than the amount of the difference referred to above.
C. Upon the occurrence of an Event of Default by Lessee, Lessor shall also have the right, with or without termi- -45- nating this Lease, to reenter the Premises to remove all persons and property from the Premises. Such property may be removed and stored in a public warehouse or else- where at the cost of and for the account of Lessee. If Lessor shall elect to reenter the Premises, Lessor shall not be liable for damages by reason of Lessee's default such reentry unless caused by the gross negligence of Lessor.
D. If Lessor does not elect to terminate this Lease as hereinabove provided, or if Lessee shall abandon or vacate the Demised Premises before the expiration or termination of the term of this Lease, the Demised Premises may be relet by Lessor for a monthly rent and upon such terms as are not unreasonable under the circumstances and, if the full monthly rent provided for in this Lease shall not be realized by Lessor, Lessee shall be liable for all damages sustained by Lessor, including, without limitation, deficiency in rent and other payments, reasonable attorneys' fees, brokerage fees, and expenses of placing the Demised Premises in first class rentable condition. Any damage or loss of monthly rent sustained by Article XIV then Lessor may be recovered by Lessor, at Lessor's option, at the time of the reletting, or in separate actionsmay, from time to time, recover all rent as said damage it becomes due under this Lease. At any time thereafter, Lessor may elect to terminate this Lease and to recover damages to which Lessor is entitled.
E. In the event that Lessor should elect to terminate this Lease and to relet the Premises, it may execute any new lease in its own name. In the event that Lessor should not elect to terminate this Lease, it may re-let the Pre- mises to a substitute tenant. Lessee hereunder shall have been made more easily ascertainable by successive relettingsno right or authority whatsoever to collect any rent from such substitute tenant. The proceeds of any such reletting shall be applied as follows:
1. First, orto the payment of any indebtedness other than rent due hereunder from Lessee to Lessor, at Lessor's optionincluding but not limited to reasonable storage charges or reasonable brokerage commissions owing from Lessee to Lessor as the result of such relet- ting, may provided that Lessee shall only be deferred until respon- sible for the expiration portion of such commission attribut- able to that portion of the term of the new lease occurring before the date that the term of this Lease would otherwise have expired;
3. Third, to the payment of rent and other charges due and unpaid hereunder; and
4. Fourth, to the payment of future rent and other damages payable by Lessee under this Lease, in which event the cause of action . Lessor shall not be deemed to have accrued until terminated this Lease and the date Lessee's right to possession of expiration the leasehold or the liability of said termLessee to pay rent thereafter to accrue or its liability for damages under any of the provisions hereof, unless Lessor shall have notified Lessee in writing that it has so elected to terminate this Lease. The provisions Lessee covenants that the retaking of possession by Lessor or the service by Lessor of any notice pursuant to the applicable unlawful detainer statutes of the state in which the Office Complex is located and Lessee's surrender of possession pursuant to such notice shall not (unless Lessor elects to the contrary at the time of, or at any time subsequent to the service of, such notice, and such election be evidenced by a written notice to Lessee) be deemed to be a termination of this Lease or of Lessee's right to possession thereof. All rights, options and remedies of Lessor contained in this section Lease shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and Lessor shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law whether or not stated in addition to and shall not prevent the enforcement this Lease. No waiver by Lessor of a breach of any claim Lessor may have against of the terms, covenants or conditions of this Lease by Lessee for anticipatory shall be construed or held to be a waiver of any succeeding or preceding breach of the unexpired term same or any other term, covenant or condition therein contained. No waiver of any default of Lessee hereunder shall be implied from any omission by Lessor to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect default other than as specified in said waiver. The consent or approval by Lessor to or of any act by Lessee requiring Lessor's consent or approval shall not be deemed to waive or render unnecessary Lessor's consent to or approval of any subsequent similar acts by Lessee. If any action for breach of or to enforce the provisions of this LeaseLease is commenced by either party hereto, the court in such action shall award to the party in whose favor a judgment is -47- entered a reasonable sum as attorneys' fees and costs. Such attorneys' fees and costs shall be paid by the losing party in such action. Lessee shall also indemnify Lessor against and hold Lessor harmless from all costs, expenses, demands and liability incurred by Lessor if Lessor becomes or is made a party to any claim or action instituted by Lessee against a party other than Lessor, or by any third party against Lessee. Lessee shall defend Lessor against any such claim or action at Lessee's expense with counsel reasonably acceptable to Lessor or, at Lessor's election, Lessee shall reimburse Lessor for any reasonable legal fees or costs incurred by Lessor in any such claim or action. In addition, Lessee shall pay Lessor's reasonable attorneys' fees incurred in connection with Lessee's request for Lessor's consent in connection with any act which Lessee proposed to do and which requires Lessor's consent (not to exceed $1,000.00). Lessee hereby waives all claims by Lessor's reentering and taking possession of the Premises or removing and storing the property of Lessee as permitted under this Lease and will save Lessor harmless from all losses, costs or damages occasioned Lessor thereby except to the extent such losses, costs or damages are caused by the gross negligence of Lessor. No such reentry shall be considered or construed to be a forcible entry by Lessor.
Appears in 1 contract
Samples: Office Lease (Udc Homes Inc)
DEFAULT OF LESSEE. This Lease shall, at the option of Lessor, cease and terminate if (iA) Lessee shall fail fails to pay rent in accordance with terms of Lease, including any installment of monthly rent, costs of preoccupancy tenant workMonthly Rent, or any sums, charges, expenses and costs of any kind or nature identified in this Lease as additional rent or other chargesrent, although no legal or formal demand has been made, and such failure to pay rent shall continue continues for a period of five ten (510) days after written notice addressed to Lessee has been delivered by Lessor to Lesseethe Demised Premises, or (iiB) Lessee shall violate violates or fail fails to perform any of the other conditions, covenants or agreements of this Lease made by Lessee, and any violation or failure to perform any of those conditions, covenants or agreements shall continue agreement continues for a period of ten twenty (1020) days, days after written notice thereof has been delivered by Lessor to Lessee, or or, in cases where the violation or failure to perform cannot be corrected within ten twenty (1020) days, Lessee does not begin to correct the violation or failure to perform within ten twenty (1020) days after receiving Lessor's written notice and/or Lessee thereafter does not diligently pursue the correction of the violation or failure to perform. Any said violation or failure to perform or to pay any rent, if left uncorrected, shall operate as a notice to quit, any further notice to quit or notice of Lessor's intention to re-enter being hereby expressly waived. Lessor may hereafter thereafter proceed to recover possession under and by virtue of the provisions of the laws of the District of Columbia jurisdiction in which the Building is located or by such other proceedings, including re-entry and possession, as may be applicable. If Lessor elects to terminate this Lease, everything herein contained on the part of Lessor to be done and performed shall cease without prejudice to the right of Lessor to recover from Lessee all accrued rent accruing up to and through the time date of termination of this Lease or the date of recovery of possession of the Demised Premises by Lessor, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease by reason of Lessee's default as hereinabove provided, or if Lessee shall abandon abandons or vacate vacates the Demised Premises before the expiration or termination of the term of this Lease, the Demised Premises may be relet by Lessor for a monthly such rent and upon such terms as are not unreasonable in the sole option of Lessor under the circumstances circumstances, and, if the full monthly rent hereinabove provided for in this Lease shall is not be realized by Lessor, Lessee shall be liable for all damages sustained by Lessor, including, without limitation, deficiency in rent and other paymentsrent, reasonable attorneys' fees, and brokerage fees, prorated to reflect only those fees attributable to the portion of the re-let term coinciding with the balance of the term of this Lease which was in effect at the time of the default and expenses of placing the Demised Premises in first first-class rentable condition. Any damage or loss of monthly rent sustained by Lessor may be recovered by Lessor, at Lessor's option, at the time of the reletting, or in separate actions, from time to time, as said damage shall have been made more easily ascertainable by successive relettingsreletting, or, at Lessor's option, may be deferred until the expiration of the term of this Lease, in which event the cause of action shall not be deemed to have accrued until the date of expiration of said term. The provisions contained in this section shall be in addition to and shall not prevent the enforcement of any claim Lessor may have against Lessee for anticipatory breach of the unexpired term of this Lease. In the event of any action or proceeding brought by either party hereto against the other based upon or arising out of any breach of the terms and conditions hereof, the prevailing party shall be entitled to recover all costs, including reasonable attorneys' fees, from the other.
Appears in 1 contract
Samples: Office Lease (Cais Internet Inc)
DEFAULT OF LESSEE. This Lease shall, at the option of Lessor, cease and terminate if (i) Lessee shall fail fails to pay rent rent, including any installment of monthly rent, costs of preoccupancy tenant work, Monthly Rent or any additional rent or other chargesrent, although no legal or formal demand has been made, and such failure to pay rent shall continue continues for a period of five (5) business days after written notice addressed to Lessee has been delivered by Lessor to Lesseethe Demised Premises, or (ii) Lessee shall violate violates or fail fails to perform any of the other conditions, covenants or agreements of this Lease made by Lessee, and any violation or failure to perform any of those conditions, covenants or agreements shall continue continues for a period of ten twenty (1020) days, days after written notice thereof has been delivered by Lessor to Lessee, or or, in cases where the violation or failure to perform cannot be corrected within ten twenty (1020) days, Lessee does not begin to correct the violation or failure to perform within ten twenty (1020) days after receiving Lessor's written notice and/or Lessee thereafter does not diligently pursue the correction of the violation or failure to perform. Any said violation or failure to perform or to pay any rent, if left uncorrected, shall operate as a notice to quit, any further notice to quit or notice of Lessor's intention to re-enter being hereby expressly waived. Lessor may hereafter thereafter proceed to recover possession under and by virtue of the provisions of the laws of the District of Columbia jurisdiction in which the Building is located or by such other proceedings, including re-entry and possession, as may be applicable. If Lessor elects to terminate this Lease, everything herein contained on the part of Lessor to be done and performed shall cease without prejudice to the right of Lessor to recover from Lessee all accrued rent accruing up to and through the time date of termination of this Lease or the date of recovery of possession of the Demised Premises by Lessor, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease by reason of Lessee's default as hereinabove provided, or if Lessee shall abandon or vacate abandons the Demised Premises before the expiration or termination of the term of this Lease, Lessor shall use reasonable efforts to relet the Demised Premises may be relet by Lessor for a monthly rent and upon such terms as are not unreasonable under the circumstances and, if to mitigate damages in accordance with applicable law. If the full monthly rent hereinabove provided for in this Lease shall is not be realized by Lessor, Lessee shall be liable for all damages sustained by Lessor, including, without limitation, deficiency in rent and other paymentsrent, reasonable attorneys' fees, brokerage fees, and expenses of placing the Demised Premises in first first-class rentable condition. Any damage or loss of monthly rent sustained by Lessor may be recovered by Lessor, at Lessor's option, at the time of the reletting, or in separate actions, from time to time, as said damage shall have been made more easily ascertainable by successive relettings, or, at Lessor's option, may be deferred until the expiration of the term of this Lease, in which event the cause of action shall not be deemed to have accrued until the date of expiration of said term. The provisions contained in this section shall be in addition to and shall not prevent the enforcement of any claim Lessor may have against Lessee for anticipatory breach of the unexpired term of this Lease.to
Appears in 1 contract
