Common use of Default of Tenant Clause in Contracts

Default of Tenant. This Lease shall, at the option of Landlord, cease and terminate if (i) Tenant fails to pay rent, including any installment of Monthly Rent or any additional rent, although no legal or formal demand has been made, and such failure to pay rent continues for a period of five (5) days after written notice addressed to Tenant has been delivered by Landlord to the Demised Premises, or (ii) Tenant violates or fails to perform any of the other conditions, covenants or agreements of this Lease made by Tenant, and any violation or failure to perform any of those conditions, covenants or agreements continues for a period often (10) days after written notice thereof has been delivered by Landlord to Tenant, or, in cases where the violation or failure to perform cannot be corrected within ten (10) days, Tenant does not begin to correct the violation or failure to perform within ten (10) days after receiving Landlord's written notice and/or Tenant 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 Landlord's intention to re-enter being hereby expressly waived. Landlord may thereafter proceed to recover possession under and by virtue of the provisions of the laws of the jurisdiction in which the Building is located or by such other proceedings, including re-entry and possession, as may be applicable. If Landlord elects to terminate this Lease, everything herein contained on the part of Landlord to be done and performed shall cease without prejudice to the right of Landlord to recover from Tenant all rent accruing up to and through the date of termination of this Lease or the date of recovery of possession of the Demised Premises by Landlord, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease by reason of Tenant's default as hereinabove provided, or if Tenant abandons or vacates the Demised Premises before the expiration or termination of the term of this Lease, the Demised Premises may be relet by Landlord for such rent and upon such terms as are not unreasonable under the circumstances, and, if the full rent hereinabove provided is not realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorneys' fees, brokerage fees, and expenses of placing the Demised Premises in first-class rentable condition. In the event Landlord terminates the Lease, Landlord shall use reasonable efforts to mitigate its damages in accordance with applicable law. Any damage or loss of rent sustained by Landlord may be recovered by Landlord, at Landlord'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 Landlord'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 Landlord may have against Tenant for anticipatory breach of the unexpired term of this Lease.

Appears in 1 contract

Samples: Office Lease (Healthcare Acquisition Corp)

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Default of Tenant. This Lease shall, Agreement may be terminated at any time by HRM on criteria for default of Tenant. The Landlord shall have the option right at any time to remedy or attempt to remedy any default of Landlord, cease and terminate if (i) the Tenant fails to pay rent, including any installment of Monthly Rent or any additional rent, although no legal or formal demand has been madehereunder, and in so doing to make any payments due or alleged to be due by the Tenant to a third party and may enter upon the leased premises to do any work or repairs for which the Tenant is responsible under this Facility Lease Agreement and in such failure event all expenses of the Landlord in remedying or attempting to pay rent continues remedy such default shall be recoverable by the Landlord from the Tenant. Payment in full or through payment plan will be arranged with HRM. Interest will be factored into the outstanding debt based on determination of HRM. The Landlord may re-enter upon the leased premises in the event of the following: Criteria for a period the decision to terminate would include but not limited to the: the Tenant is incapable of five (5) days after written notice addressed day to day program or facility operation facility needs to be protected against vandalism, theft, pipes freezing, activity contrary to public safety the Tenant has been delivered by Landlord became in danger of bankruptcy or foreclosure actions facility being used contrary to the Demised Premises, or (ii) Tenant violates or fails to perform any terms of the other conditions, covenants or agreements Agreement to the deterrent of this Lease made by Tenant, HRM facility use and any violation or failure programming creates hardship to perform any of those conditions, covenants or agreements continues for a period often (10) days after written notice thereof has been delivered by Landlord to Tenant, or, in cases where the violation or failure to perform immediate residents the Tenant cannot be corrected within ten successfully obtain legal Registered Non Profit Society Status (10may also include Federal Charitable Status) days, the Tenant does not begin to correct maintain current General Liability Insurance any unauthorized assignment of subletting of this lease by the violation or failure to Tenant unauthorized facility change that effects the building insurance the Tenant shall not observe, perform within ten (10) days after receiving Landlord's written notice and/or Tenant thereafter does not diligently pursue the correction and keep all and every one of the violation or failure to perform. Any said violation or failure to perform or to pay any rentcovenants, if left uncorrectedagreements, shall operate as a notice to quitprovisions, any further notice to quit or notice of Landlord's intention to re-enter being hereby expressly waived. Landlord may thereafter proceed to recover possession under stipulations and by virtue of the provisions of the laws of the jurisdiction in which the Building is located or by such other proceedings, including re-entry and possession, as may be applicable. If Landlord elects to terminate this Lease, everything conditions herein contained on the part of Landlord to be done observed, performed and performed kept by the Tenant if the leased premises shall cease without prejudice to the right of Landlord to recover from Tenant all rent accruing up to and through the date of become vacant * Note - Upon termination of this Facility Lease or the date of recovery of possession Agreement HRM will take responsibility and control of the Demised Premises by Landlord, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease by reason of Tenant's default as hereinabove provided, or if Tenant abandons or vacates the Demised Premises before the expiration or termination of the term of this Lease, the Demised Premises may be relet by Landlord for such rent and upon such terms as are not unreasonable under the circumstances, and, if the full rent hereinabove provided is not realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorneys' fees, brokerage fees, and expenses of placing the Demised Premises in first-class rentable conditionfacility. In the event of a claim for debt, damages or indemnity by the Landlord terminates against the LeaseTenant, the Landlord shall use reasonable efforts have the right to mitigate its damages seize and take possession of any equipment, furniture or other property of any nature whatsoever situated on the leased premises and to sell the same at public or private sale without notice and to apply the proceeds thereof upon the account of Tenant. The Tenant shall continue to be liable to the Landlord for the deficiency if any and the Tenant hereby waives and renounces the benefit of any present or future Act in accordance with applicable law. Any damage force in Canada or loss in the Province of rent sustained by Nova Scotia which takes away or limits the Landlord's rights, and that the Landlord may be recovered by Landlord, at Landlordseize and sell the Tenant's option, at goods and chattels as fully as the time of the reletting, Landlord might have done if such Act had not been enacted or in separate actions, from time to time, as said damage shall have been made more easily ascertainable by successive relettings, or, at Landlord'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 Landlord may have against Tenant for anticipatory breach of the unexpired term of this Leasepassed.

Appears in 1 contract

Samples: Agreement

Default of Tenant. This If Tenant shall fail to pay any monthly installment of rent as aforesaid (although no legal or formal demand has been made therefor), or shall violate or fail to perform any of the other conditions, covenants or agreements herein made by Tenant, and such failure to pay rent or such violation or failure shall continue for a period often (10) days after written notice thereof to Tenant by Landlord, then and in any of said events this Lease shall, at the option of Landlord, cease and terminate if (i) Tenant fails to pay rent, including any installment of Monthly Rent or any additional rent, although no legal or formal demand has been made, and such failure to pay rent continues for a period of five (5) days after written notice addressed to Tenant has been delivered by Landlord to the Demised Premises, or (ii) Tenant violates or fails to perform any of the other conditions, covenants or agreements of this Lease made by Tenant, and any violation or failure to perform any of those conditions, covenants or agreements continues for a period often (10) days after written notice thereof has been delivered by Landlord to Tenant, or, in cases where the violation or failure to perform cannot be corrected within ten (10) days, Tenant does not begin to correct the violation or failure to perform within ten (10) days after receiving Landlord's written notice and/or Tenant 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 quit, or notice of Landlord's ’s intention to re-enter enter, being hereby expressly waived. , and Landlord may thereafter proceed to recover possession under and by virtue of the provisions of the laws of the jurisdiction in which the Building is located State of Maryland, or by such other proceedings, including re-entry and possession, as may be applicable. If Landlord elects to terminate this Lease, everything herein contained on the part of Landlord to be done and performed shall cease without prejudice prejudice, however, to the right of Landlord to recover from Tenant all rent accruing rental accrued up to and through the date time of termination of this Lease or the date of recovery of possession of the Demised Premises by Landlord, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease by reason of Tenant's ’s default as hereinabove provided, or if Tenant abandons shall abandon or vacates vacate the Demised Premises before the expiration or termination of the term Term of this Lease, the Demised Premises premises may be relet by Landlord for such rent and upon such terms as are not unreasonable under the circumstances, circumstances and, if the full rent rental hereinabove provided is shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, limitation deficiency in rent, reasonable attorneys' fees, brokerage fees, and expenses of placing the Demised Premises in first-first class rentable condition. In the event Landlord terminates the Lease, Landlord shall use reasonable efforts to mitigate its damages in accordance with applicable law. Any damage or loss of rent rental sustained by Landlord may be recovered by Landlord, at Landlord'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 Landlord'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. If Landlord should commence any summary proceeding for non-payment of rent by Tenant, Tenant shall not interpose any counterclaim of any nature or description in any such proceeding. The provisions contained in this section paragraph shall be in addition to and shall not prevent the enforcement of any claim Landlord may have against Tenant for anticipatory breach of the unexpired term of this Lease. In the event that Tenant continues to occupy the Demised Premises after the expiration of the term of this Lease, with the express or implied consent of Landlord, such tenancy shall be from month-to-month and shall not be renewal of the term of this Lease or tenancy from year-to year. All rights and remedies of Landlord under this Lease shall be cumulative and shall not be exclusive of any other rights and remedies provided to Landlord under applicable law.

Appears in 1 contract

Samples: Lease (Tvi Corp)

Default of Tenant. This Lease shall, Agreement may be terminated at any time by HRM on criteria for default of Tenant. The Landlord shall have the option right at any time to remedy or attempt to remedy any default of Landlord, cease and terminate if (i) the Tenant fails to pay rent, including any installment of Monthly Rent or any additional rent, although no legal or formal demand has been madehereunder, and in so doing to make any payments due or alleged to be due by the Tenant to a third party and may enter upon the leased premises to do any work or repairs for which the Tenant is responsible under this Facility Lease Agreement and in such failure event all expenses of the Landlord in remedying or attempting to pay rent continues remedy such default shall be recoverable by the Landlord from the Tenant. Payment in full or through payment plan will be arranged with HRM. Interest will be factored into the outstanding debt based on determination of HRM. The Landlord may decide to terminate and re-enter upon the leased premises for a period of five (5) days after written notice addressed to Tenant has been delivered by Landlord reasons which include but are not limited to the Demised Premisesfollowing: the Tenant is incapable of day to day program or facility operation facility needs to be protected against vandalism, theft, pipes freezing, activity contrary to public safety the Tenant became in danger of bankruptcy or (ii) Tenant violates or fails foreclosure actions facility being used contrary to perform any the terms of the other conditions, covenants or agreements Agreement to the deterrent of this Lease made by Tenant, HRM facility use and any violation or failure programming creates hardship to perform any of those conditions, covenants or agreements continues for a period often (10) days after written notice thereof has been delivered by Landlord to Tenant, or, in cases where the violation or failure to perform immediate residents the Tenant cannot be corrected within ten successfully obtain legal Registered Non Profit Society Status (10may also include Federal Charitable Status) days, the Tenant does not begin to correct maintain current General Liability Insurance any unauthorized assignment of subletting of this lease by the violation or failure to Tenant unauthorized facility change that effects the Landlords building insurance the Tenant shall not observe, perform within ten (10) days after receiving Landlord's written notice and/or Tenant thereafter does not diligently pursue the correction and keep all and every one of the violation or failure to perform. Any said violation or failure to perform or to pay any rentcovenants, if left uncorrectedagreements, shall operate as a notice to quitprovisions, any further notice to quit or notice of Landlord's intention to re-enter being hereby expressly waived. Landlord may thereafter proceed to recover possession under stipulations and by virtue of the provisions of the laws of the jurisdiction in which the Building is located or by such other proceedings, including re-entry and possession, as may be applicable. If Landlord elects to terminate this Lease, everything conditions herein contained on the part of Landlord to be done observed, performed and performed kept by the Tenant if the leased premises shall cease without prejudice to the right of Landlord to recover from Tenant all rent accruing up to and through the date of become vacant * Note - Upon termination of this Facility Lease or Agreement the date of recovery of possession owner will take responsibility and control of the Demised Premises by Landlord, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease by reason of Tenant's default as hereinabove provided, or if Tenant abandons or vacates the Demised Premises before the expiration or termination of the term of this Lease, the Demised Premises may be relet by Landlord for such rent and upon such terms as are not unreasonable under the circumstances, and, if the full rent hereinabove provided is not realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorneys' fees, brokerage fees, and expenses of placing the Demised Premises in first-class rentable conditionfacility. In the event of a claim for debt, damages or indemnity by the Landlord terminates against the LeaseTenant, the Landlord shall use reasonable efforts have the right to mitigate its damages seize and take possession of any equipment, furniture or other property of any nature whatsoever situated on the leased premises and to sell the same at public or private sale without notice and to apply the proceeds thereof upon the account of Tenant. The Tenant shall continue to be liable to the Landlord for the deficiency if any and the Tenant hereby waives and renounces the benefit of any present or future Act in accordance with applicable law. Any damage force in Canada or loss in the Province of rent sustained by Nova Scotia which takes away or limits the Landlord's rights, and that the Landlord may be recovered by Landlord, at Landlordseize and sell the Tenant's option, at goods and chattels as fully as the time of the reletting, Landlord might have done if such Act had not been enacted or in separate actions, from time to time, as said damage shall have been made more easily ascertainable by successive relettings, or, at Landlord'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 Landlord may have against Tenant for anticipatory breach of the unexpired term of this Leasepassed.

Appears in 1 contract

Samples: Agreement

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Default of Tenant. This If Tenant shall fail to pay any monthly installment of rent as aforesaid (although no legal or formal demand has been made therefor), or shall violate or fail to perform any of the other conditions, covenants or agreements herein made by Tenant, and such failure to pay rent or such violation or failure shall continue for a period of ten (10) days after written notice thereof to Tenant by Landlord, then and in any of said events this Lease shall, at the option of Landlord, cease and terminate if (i) Tenant fails to pay rent, including any installment of Monthly Rent or any additional rent, although no legal or formal demand has been made, and such failure to pay rent continues for a period of five (5) days after written notice addressed to Tenant has been delivered by Landlord to the Demised Premises, or (ii) Tenant violates or fails to perform any of the other conditions, covenants or agreements of this Lease made by Tenant, and any violation or failure to perform any of those conditions, covenants or agreements continues for a period often (10) days after written notice thereof has been delivered by Landlord to Tenant, or, in cases where the violation or failure to perform cannot be corrected within ten (10) days, Tenant does not begin to correct the violation or failure to perform within ten (10) days after receiving Landlord's written notice and/or Tenant 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 quit, or notice of Landlord's ’s intention to re-enter enter, being hereby expressly waived. , and Landlord may thereafter proceed to recover possession under and by virtue of the provisions of the laws of the jurisdiction in which the Building is located State of Maryland, or by such other proceedings, including re-entry and possession, as may be applicable. If Landlord elects to terminate this Lease, everything herein contained on the part of Landlord to be done and performed shall cease without prejudice prejudice, however, to the right of Landlord to recover from Tenant all rent accruing rental accrued up to and through the date time of termination of this Lease or the date of recovery of possession of the Demised Premises by Landlord, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease by reason of Tenant's ’s default as hereinabove provided, or if Tenant abandons shall abandon or vacates vacate the Demised Premises before the expiration or termination of the term Term of this Lease, the Demised Premises premises may be relet by Landlord for such rent and upon such terms as are not unreasonable under the circumstances, circumstances and, if the full rent rental hereinabove provided is shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorneys' fees, brokerage fees, and expenses of placing the Demised Premises in first-first class rentable condition. In the event Landlord terminates the Lease, Landlord shall use reasonable efforts to mitigate its damages in accordance with applicable law. Any damage or loss of rent rental sustained by Landlord may be recovered by Landlord, at Landlord'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 Landlord'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. If Landlord should commence any summary proceeding for non-payment of rent by Tenant, Tenant shall not interpose any counterclaim of any nature or description in any such proceeding. The provisions contained in this section paragraph shall be in addition to and shall not prevent the enforcement of any claim Landlord may have against Tenant for anticipatory breach of the unexpired term of this Lease. In the event that Tenant continues to occupy the Demised Premises after the expiration of the term of this Lease, with the express or implied consent of Landlord, such tenancy shall be from month-to-month and shall not be renewal of the term of this Lease or tenancy from year-to year. All rights and remedies of Landlord under this Lease shall be cumulative and shall not be exclusive of any other rights and remedies provided to Landlord under applicable law.

Appears in 1 contract

Samples: Lease (Tvi Corp)

Default of Tenant. This Lease shall, Agreement may be terminated at any time by HRM on criteria for default of Tenant. The Landlord shall have the option right at any time to remedy or attempt to remedy any default of Landlord, cease and terminate if (i) the Tenant fails to pay rent, including any installment of Monthly Rent or any additional rent, although no legal or formal demand has been madehereunder, and in so doing to make any payments due or alleged to be due by the Tenant to a third party and may enter upon the leased premises to do any work or repairs for which the Tenant is responsible under this Facility Lease Agreement and in such failure event all expenses of the Landlord in remedying or attempting to pay rent continues remedy such default shall be recoverable by the Landlord from the Tenant. Payment in full or through payment plan will be arranged with HRM. Interest will be factored into the outstanding debt based on determination of HRM. The Landlord may decide to terminate and re-enter upon the leased premises for a period of five (5) days after written notice addressed to Tenant has been delivered by Landlord reasons which include but are not limited to the Demised Premisesfollowing: •the Tenant is incapable of day to day program or facility operation •facility needs to be protected against vandalism, theft, pipes freezing, activity contrary to public safety •the Tenant became in danger of bankruptcy or (ii) Tenant violates or fails foreclosure actions •facility being used contrary to perform any the terms of the other conditions, covenants or agreements Agreement to the deterrent of this Lease made by Tenant, HRM •facility use and any violation or failure programming creates hardship to perform any of those conditions, covenants or agreements continues for a period often (10) days after written notice thereof has been delivered by Landlord to Tenant, or, in cases where the violation or failure to perform immediate residents •the Tenant cannot be corrected within ten successfully obtain legal Registered Non Profit Society Status (10may also include Federal Charitable Status) days, •the Tenant does not begin to correct maintain current General Liability Insurance •any unauthorized assignment of subletting of this lease by the violation or failure to Tenant •unauthorized facility change that effects the Landlords building insurance •the Tenant shall not observe, perform within ten (10) days after receiving Landlord's written notice and/or Tenant thereafter does not diligently pursue the correction and keep all and every one of the violation or failure to perform. Any said violation or failure to perform or to pay any rentcovenants, if left uncorrectedagreements, shall operate as a notice to quitprovisions, any further notice to quit or notice of Landlord's intention to re-enter being hereby expressly waived. Landlord may thereafter proceed to recover possession under stipulations and by virtue of the provisions of the laws of the jurisdiction in which the Building is located or by such other proceedings, including re-entry and possession, as may be applicable. If Landlord elects to terminate this Lease, everything conditions herein contained on the part of Landlord to be done observed, performed and performed kept by the Tenant •if the leased premises shall cease without prejudice to the right of Landlord to recover from Tenant all rent accruing up to and through the date of become vacant * Note - Upon termination of this Facility Lease or Agreement the date of recovery of possession owner will take responsibility and control of the Demised Premises by Landlord, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease by reason of Tenant's default as hereinabove provided, or if Tenant abandons or vacates the Demised Premises before the expiration or termination of the term of this Lease, the Demised Premises may be relet by Landlord for such rent and upon such terms as are not unreasonable under the circumstances, and, if the full rent hereinabove provided is not realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorneys' fees, brokerage fees, and expenses of placing the Demised Premises in first-class rentable conditionfacility. In the event of a claim for debt, damages or indemnity by the Landlord terminates against the LeaseTenant, the Landlord shall use reasonable efforts have the right to mitigate its damages seize and take possession of any equipment, furniture or other property of any nature whatsoever situated on the leased premises and to sell the same at public or private sale without notice and to apply the proceeds thereof upon the account of Tenant. The Tenant shall continue to be liable to the Landlord for the deficiency if any and the Tenant hereby waives and renounces the benefit of any present or future Act in accordance with applicable law. Any damage force in Canada or loss in the Province of rent sustained by Nova Scotia which takes away or limits the Landlord's rights, and that the Landlord may be recovered by Landlord, at Landlordseize and sell the Tenant's option, at goods and chattels as fully as the time of the reletting, Landlord might have done if such Act had not been enacted or in separate actions, from time to time, as said damage shall have been made more easily ascertainable by successive relettings, or, at Landlord'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 Landlord may have against Tenant for anticipatory breach of the unexpired term of this Leasepassed.

Appears in 1 contract

Samples: Agreement

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