Common use of Default of the Tenant Clause in Contracts

Default of the Tenant. In the event of any failure by Tenant to pay any rental due hereunder within five (5) days after the same shall be due, or any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Tenant for more than five (5) days after written notice of such default shall have been given to Tenant, then Landlord, in addition to other rights and remedies it may have, shall have the immediate rights to accelerate all rentals due hereunder, and of re-entry and may remove all persons and property from the leased premises without service of notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby. Further provided that all property of Tenant which may be at any time during the term of this lease in or upon said leased premises, whether exempt from execution or not, shall be bound by and subject to a lien for the payment of the rent herein reserved and for any damages arising from any breach by Tenant of any of the covenants of agreements of this lease to be by him performed. Landlord may take possession of said property or any part or parts thereof and sell or cause the same to be sold at public or private sale, with or without notice, to the highest bidder for cash, and apply the proceeds of said sale toward the costs thereof and then toward the debt and/or damages as aforesaid. Should Landlord at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from tenant all damages it may incur by reason of such breach. Tenant further agrees to indemnify Landlord for any and all costs and expenses, including reasonable and customary attorney fees, incurred by Landlord in any lawsuit against Tenant to enforce the terms of this Lease.

Default of the Tenant. In (1) If the event Tenant shall default in the payment of any failure by Tenant to pay rent or other payments required of Tenant, or any rental due hereunder within five part thereof, and if such default shall continuo for THREE (53) days after the same payment shall be due, or any failure to perform (2) if Tenant shall default in the performance or observance of any other agreement or condition on its part to be performed or observed, and if Tenant shall fail to cure said default within TEN (10) days after notice of said default from Landlord, or (3) if any person shall levy upon, take or attempt to take this leasehold interest or any part thereof upon execution, attachment or other process of law, or (4) if Tenant shall make default with, respect to any other provision of this Lease, or (5) if the premises shall be deserted, vacated, abandoned or business operations shall not be conducted therein for â. period of thirty (30) or more days, or (6) if this Lease or any interest therein shall be operation of law devolve upon or pass to any person or persons other than Tenant, or (7) if Tenant shall become bankrupt or insolvent, or file any debtor proceedings, or take or have taken against Tenant in any court, pursuant to any statute, either of the termsUnited States or of any state, conditions a petition in bankruptcy or covenants insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s. property, or if Tenant makes an assignment for the benefit of creditors, or petitions for or enters into an arrangement, or suffer this Lease to be observed taken under writ or performed by Tenant for more than five (5) days after written notice of such default shall have been given to Tenantexecution or attachment, then Landlordthen, in addition to other rights and remedies it any of said cases (notwithstanding any license of any former breach of agreement or condition or waiver of the benefit hereof or consent. in a former instance) Landlord lawfully may haveimmediately, shall have the immediate rights to accelerate all rentals due hereunder, and of re-entry and may remove all persons and property from the leased premises without service of notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby. Further provided that all property of Tenant which may be at any time during thereafter, and without any further notice or demand, terminate this Lease and Tenant will forthwith quit and surrender the term of this lease in or upon said leased premises, whether exempt from execution or not, but Tenant shall remain liable as hereinafter provided. If this Lease shall be bound by and subject to a lien for the payment of the rent herein reserved and for any damages arising from any breach by Tenant of any of the covenants of agreements of terminated, as provided in this lease to be by him performed. Landlord may take possession of said property or any part or parts thereof and sell or cause the same to be sold at public or private sale, with or without notice, to the highest bidder for cash, and apply the proceeds of said sale toward the costs thereof and then toward the debt and/or damages as aforesaid. Should Landlord at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from tenant all damages it may incur by reason of such breach. Tenant further agrees to indemnify Landlord for any and all costs and expenses, including reasonable and customary attorney fees, incurred by Landlord in any lawsuit against Tenant to enforce the terms of this Lease.Paragraph:

Default of the Tenant. In (1) If tenant shall default in the event payment of any failure by Tenant to pay rent or other payments required of Tenant, or any rental due hereunder within five part thereof, and if such default shall continue for three (53) days after the same payment shall be due, or any failure to perform (2) if Tenant shall default in the performance or observance of any other agreement or condition on its part to be performed or observed, and if Tenant shall fail to cure said default within ten (10) days after notice of said default from Landlord, or (3) if any person shall levy upon, take, or attempt to take this leasehold interest or any part thereof upon execution, attachment or other process of law, or (4) if Tenant shall make default with respect to any other lease between it and Landlord, or (5) if this Lease or any interest therein shall by operation of law devolve upon or pass to any person or persons other than Tenant, or (6) if Tenant shall fail to move into and take possession of the termsLeased Premises and open for business within thirty (30) days after Landlord’s giving notice to Tenant that the Leased Premises are ready for occupancy by Tenant, conditions or covenants (7) if Tenant shall become bankrupt or insolvent, or file any debtor proceedings, or take or have taken against Tenant in any court, pursuant to any statute, either of the United States or of any state, a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s property, or if Tenant makes an assignment for the benefit of creditors, or petitions for or enters into an arrangement, or suffer this Lease to be observed taken under any writ or performed by Tenant for more than five (5) days after written notice of such default shall have been given to Tenantexecution or attachment, then Landlordthen, in addition any of said cases (notwithstanding any consent to other rights and remedies it any former breach of agreement or condition or waiver of the benefit hereof or consent in a former instance) Landlord lawfully may haveimmediately, shall have the immediate rights to accelerate all rentals due hereunder, and of re-entry and may remove all persons and property from the leased premises without service of notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby. Further provided that all property of Tenant which may be at any time during the term of this lease in or upon said leased premises, whether exempt from execution or not, shall be bound by and subject to a lien for the payment of the rent herein reserved and for any damages arising from any breach by Tenant of any of the covenants of agreements of this lease to be by him performed. Landlord may take possession of said property or any part or parts thereof and sell or cause the same to be sold at public or private sale, with or without notice, to the highest bidder for cashthereafter, and apply the proceeds of said sale toward the costs thereof and then toward the debt and/or damages as aforesaid. Should Landlord at without any time further notice or demand, terminate this Lease for any breachand Tenant will forthwith quit and surrender the Leased Premises, but Tenant shall remain liable as hereinafter provided. If this Lease shall be terminated, as provided in addition to any other remedies it may have, it may recover from tenant all damages it may incur by reason of such breach. Tenant further agrees to indemnify Landlord for any and all costs and expenses, including reasonable and customary attorney fees, incurred by Landlord in any lawsuit against Tenant to enforce the terms of this Lease.Paragraph:

Default of the Tenant. 13.01 In the event of any failure by of Tenant to pay any rental due hereunder Basic Minimum Annual Rent, Additional Rent or any other monies payable to Landlord under this Lease within five ten (510) days after the same written notice of failure to pay said sums, Tenant shall be due, or in material default of the Lease. Tenant shall also be in material default of this Lease upon the happening of any of the following: [i] the failure to perform deliver any estoppel or subordination, non disturbance and/or attornment agreement within the time limits set forth for default in the Article of this Lease requiring execution and delivery of such documents; [ii] the failure to have any mechanic's lien discharged within the time period set forth for default in the Article requiring removal of mechanic's liens; [iii] the failure to commence within thirty (30) days after written notice of failure to perform, and diligently pursue the performance of, any other of the terms, conditions or covenants of this Lease to be observed or performed by Tenant; [iv] if Tenant or any guarantor shall become bankrupt or insolvent, or file any debtor proceedings, or take or have taken against them, in any court, pursuant to any statute either of the United States or of any State, a petition in bankruptcy or insolvency or for more than five (5) days after written notice the reorganization or for the appointment of such a receiver or trustee of all or a portion of Tenant's property or make an assignment for the benefit of creditors; or [v] if Tenant's interest in this Lease shall be taken under any writ of execution. The foregoing conditions of default shall have been given be limited to the extent required by any state or federal laws affecting this Lease and Landlord's rights against Tenant, including the United States bankruptcy laws. To the extent permitted by law, all payments are due on the due dates set forth in the Lease, and there shall be no grace period for the due date of the rent other than the above ten day period after notice from Landlord. 13.02 In the event of default, then Landlord, in addition to besides other rights and or remedies it Landlord may have, shall have the right to terminate this Lease and proceed under any law entitling Landlord to recover possession of the Leased Premises, and to the extent permitted by law, shall be entitled the right of immediate rights reentry and to accelerate eject Tenant from the Project, without resort to court proceedings. Upon such default, to the extent permitted by law, Tenant's property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant. 13.03 Should Landlord elect to reenter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, Landlord may either terminate this Lease or Landlord may from time to time, without terminating this Lease, make such alterations and repairs as may be necessary in order to relet the Leased Premises, or any part thereof, for such term or terms (which may be for a term extending beyond the terms of this Lease) and at such rental or rentals and upon such other terms and conditions as Landlord in Landlord's discretion may deem advisable. Upon each such reletting, all rentals received by the Landlord from such reletting shall be applied first to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees and attorney's fees and of costs of such alterations and repairs; third, to the payment of rent due and unpaid hereunder, and the residue, if any, shall be held by Landlord and applied in payment of re-entry future rent as the same may become due and payable hereunder. If such rentals received from such reletting during any month are less than that to be paid during that month by Tenant hereunder, Tenant shall pay any deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No such reentry or taking possession of the Leased Premises by Landlord shall be construed as an election on Landlord's part to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, Landlord may remove all persons and property from the leased premises without service of notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby. Further provided that all property of Tenant which may be at any time during the term of thereafter elect to terminate this lease in or upon said leased premises, whether exempt from execution or not, shall be bound by and subject to a lien Lease for the payment of the rent herein reserved and for any damages arising from any breach by Tenant of any of the covenants of agreements of this lease to be by him performed. Landlord may take possession of said property or any part or parts thereof and sell or cause the same to be sold at public or private sale, with or without notice, to the highest bidder for cash, and apply the proceeds of said sale toward the costs thereof and then toward the debt and/or damages as aforesaidsuch previous breach. Should Landlord at any time terminate this Lease for any breach, in addition to any other remedies it Landlord may have, it Landlord may recover from tenant Tenant all damages it Landlord may incur by reason of such breach. breach (except for consequential damages not allowed under the law), including the cost of recovering the Leased Premises, reasonable attorney's fees, and the present value of the lost rent resulting from the failure of Landlord or Tenant further agrees to indemnify Landlord obtain another Tenant for the Leased Premises for any and all costs and expensesperiod of time after Tenant's default, including and/or resulting from the fact that the reasonable and customary attorney fees, incurred rental value of the Leased Premises at the time of Tenant's default is less than the value of the remaining rental payments due under this Lease. It is acknowledged that if this Lease shall be terminated by Landlord in any lawsuit against Tenant on account of Tenant's breach, Landlord's recovery shall take into account rental which could be reasonably expected to be produced by Landlord (which would take into account the reasonable market rates then prevailing and the reasonable lag period to find and obtain rent from a new tenant) if Landlord used reasonable efforts to re-rent the Leased Premises. 13.04 In case Landlord shall retain an attorney to enforce the terms provisions of this Lease or if suit shall be brought for recovery of possession of the Leased Premises, for the recovery of rent or any other amount due under the provisions of this Lease, or because of the breach of any other covenant herein contained on the part of Tenant to be kept or performed, Tenant shall pay to Landlord all expenses incurred therefor, including a reasonable attorney's fee.

Default of the Tenant. 13.01 In the event of any failure by of Tenant to pay any rental due hereunder Basic Minimum Annual Rent, Additional Rent or any other monies payable to Landlord under this Lease within five ten (510) days after the same written notice of failure to pay said sums, Tenant shall be due, or in material default of the Lease. Tenant shall also be in material default of this Lease upon the happening of any of the following: (i) the failure to perform deliver any estoppel or subordination, non disturbance and/or attornment agreement within the time limits set forth for default in the Article of this Lease requiring execution and delivery of such documents; (ii) the failure to have any mechanic's lien discharged within the time period set forth for default in the Article requiring removal of mechanic's liens; (iii) the failure to commence within thirty (30) days after written notice of failure to perform, and diligently pursue the performance of, any other of the terms, conditions or covenants of this Lease to be observed or performed by Tenant; (iv) if Tenant or any guarantor shall become bankrupt or insolvent, or file any debtor proceedings, or take or have taken against them, in any court, pursuant to any statute either of the United States or of any State, a petition in bankruptcy or insolvency or for more than five the reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant's property or make an assignment for the benefit of creditors; or (5v) days after written notice if Tenant's interest in this Lease shall be taken under any writ of such execution. The foregoing conditions of default shall have been given be limited to the extent required by any state or federal laws affecting this Lease and Landlord's rights against Tenant, including the United States bankruptcy laws. To the extent permitted by law, all payments are due on the due dates set forth in the Lease, and there shall be no grace period for the due date of the rent other than the above ten day period after notice from Landlord. 13.02 In the event of default, then Landlord, in addition to besides other rights and or remedies it Landlord may have, shall have the right to terminate this Lease and proceed under any law entitling Landlord to recover possession of the Leased Premises, and to the extent permitted by law, shall be entitled the right of immediate rights reentry and to accelerate eject Tenant from the Project, without resort to court proceedings. Upon such default, to the extent permitted by law, Tenant's property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant. Tenant acknowledges that this Lease is a commercial Lease, and to the extent permitted by law, Tenant waives the requirement of a statutory notice to quit possession prior to commencement of summary process proceedings. 13.03 Should Landlord elect to reenter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, Landlord may either terminate this Lease or Landlord may from time to time, without terminating this Lease, make such alterations and repairs as may be necessary in order to relet the Leased Premises, or any part thereof, for such term or terms (which may be for a term extending beyond the terms of this Lease) and at such rental or rentals and upon such other terms and conditions as Landlord in Landlord's discretion may deem advisable. Upon each such reletting, all rentals received by the Landlord from such reletting shall be applied first to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees and attorney's fees and of costs of such alterations and repairs; third, to the payment of rent due and unpaid hereunder, and the residue, if any, shall be held by Landlord and applied in payment of re-entry future rent as the same may become due and payable hereunder. If such rentals received from such reletting during any month are less than that to be paid during that month by Tenant hereunder, Tenant shall pay any deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No such reentry or taking possession of the Leased Premises by Landlord shall be construed as an election on Landlord's part to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, Landlord may remove all persons and property from the leased premises without service of notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby. Further provided that all property of Tenant which may be at any time during the term of thereafter elect to terminate this lease in or upon said leased premises, whether exempt from execution or not, shall be bound by and subject to a lien Lease for the payment of the rent herein reserved and for any damages arising from any breach by Tenant of any of the covenants of agreements of this lease to be by him performed. Landlord may take possession of said property or any part or parts thereof and sell or cause the same to be sold at public or private sale, with or without notice, to the highest bidder for cash, and apply the proceeds of said sale toward the costs thereof and then toward the debt and/or damages as aforesaidsuch previous breach. Should Landlord at any time terminate this Lease for any breach, in addition to any other remedies it Landlord may have, it Landlord may recover from tenant Tenant all damages it Landlord may incur by reason of such breach. , including the cost of recovering the Leased Premises, reasonable attorney's fees, and the present value of the lost rent resulting from the failure of Landlord or Tenant further agrees to indemnify Landlord obtain another Tenant for the Leased Premises for any and all costs and expensesperiod of time after Tenant's default, including and/or resulting from the fact that the reasonable and customary rental value of the Lease Premises at the time of Tenant's default is less than the value of the remaining rental payments due under this Lease. Landlord acknowledges a duty to mitigate damages under the law. 13.04 In case Landlord shall retain an attorney fees, incurred by Landlord in any lawsuit against Tenant to enforce the terms provisions of this Lease or if suit shall be brought for recovery of possession of the Leased Premises, for the recovery of rent or any other amount due under the provisions of this Lease, or because of the breach of any other covenant herein contained on the part of Tenant to be kept or performed, Tenant shall pay to Landlord all reasonable expenses incurred therefor, including a reasonable attorney's fee.