Common use of Default Remedies of Landlord Clause in Contracts

Default Remedies of Landlord. If Tenant shall default in the payment of rent or in the keeping of any of the terms, covenants or conditions of this Lease to be kept and/or performed by Tenant and if such default isn't cured within five (5) days after notice of default from Landlord, Landlord may immediately, or at any time thereafter, re-enter the leased premises, remove all persons and property therefrom, without being liable to indictment, prosecution for damage therefore, or for forcible entry and detainer and repossess and enjoy the leased premises, together with all additions thereto or alterations and improvements thereof. Landlord may, at its option, at any time and from time to time thereafter, relet the leased premises or any part thereof for the account of Tenant or otherwise, and receive and collect the rents therefore and apply the same first to the payment of such expenses as Landlord may have incurred in recovering possession and for putting the same in good order and condition for rerental, and expense, commissions and charges paid by Landlord in reletting the leased premises. Any such reletting may be for the remainder of the term of this Lease or for a longer or shorter period. In lieu of reletting such leased premises, Landlord may occupy the same or cause the same to be occupied by others. Whether or not the leased premises or any part thereof be relet, Tenant shall pay the Landlord the rent, and all other charges required to be paid by Tenant up to the time of expiration of this Lease or such recovered possession, as the case may be, and thereafter, Tenant, if required by Landlord, shall pay to Landlord until the end of the term of this Lease, the equivalent of the amount of all rent reserved herein and all other charges required to be paid by Tenant, less the net amount received by Landlord for such reletting, if any. If the leased premises shall be reoccupied by Landlord, then, from and after the date of repossession, Tenant shall be discharged of any obligations to Landlord under the provisions hereof for the payment of rent. In the event of any default by Tenant, and regardless of whether the premises shall be relet or possessed by Landlord, fixtures, additions, furniture, and the like then on the premises may be retained by Landlord. In the event Tenant is in default under the terms hereof and, by the sole determination of Landlord, has abandoned the leased premises, Landlord shall have the right to remove all the Tenant's property from the leased premises and dispose of said property in such a manner as determined best by Landlord, all at the cost and expense of Tenant and without liability of Landlord for the actions so taken. In the event an assignment of Tenant's business or property shall be made for the benefit of creditors, or, if the Tenant's leasehold interest under the terms of this Agreement shall be levied upon by execution or seized by virtue of any writ of any court of law, or, if application be made for the appointment of a receiver for the business or property of Tenant, or, if a petition in bankruptcy shall be filed by or against Tenant, then and in any such case, at Landlord's option, with or without notice, landlord may terminate this Lease and immediately retake possession of the leased premises without the same working any forfeiture of the obligations of Tenant hereunder. In addition to remedy granted to Landlord by the terms hereof, Landlord shall have available any and all rights and remedies available under the Statutes of the State of Colorado. No remedy herein or otherwise conferred upon or reserved to Landlord shall be considered exclusive of any other remedy but shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by Statute. Further, all powers and remedies given by this Lease to Landlord shall be exercised, from time to time, and as often as occasion may arise or as may be deemed expedient. No delay or omission of Landlord to exercise any right or power arising from any default shall impair any such right or power or shall be considered to be a waiver of any such default or acquiescence thereof. The acceptance of rental by Landlord shall not be deemed to be a waiver of any breach of any covenants herein contained or of any of the rights of Landlord to any remedies herein given.

Appears in 1 contract

Samples: Lease Agreement (AVT, Inc.)

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Default Remedies of Landlord. If Tenant shall default in the payment of rent or in the keeping of any of the terms, covenants or conditions of this Lease to be kept and/or performed by Tenant and if such default isn't cured within five (5) days after notice of default from Tenant, Landlord, Landlord may immediately, or at any time thereafter, re-enter the leased premises, remove all persons and property therefrom, without Without being liable to indictment, prosecution for damage therefore, or for forcible entry and detainer and repossess and enjoy the leased premises, together with all additions thereto or alterations and improvements thereof. Landlord may, at its option, at any time and from time to time thereafter, relet the leased premises or any part thereof for the account of Tenant or otherwise, and receive and collect the rents therefore and apply the same same, first to the payment of such expenses as Landlord may have incurred in recovering possession and for putting the same in good order and condition for rerentalre-rental, and expense, commissions and charges paid by Landlord in reletting the leased premises. Any such reletting may be for the remainder of the term of this Lease or for a longer or shorter period. In lieu of reletting such leased premises, Landlord may occupy the same or cause the same to be occupied by others. Whether , whether or not the leased premises or any part thereof be relet, . Tenant shall pay the Landlord the rent, and all other charges required to be paid by Tenant up to the time of the expiration of this Lease or such recovered possession, as the case may be, and thereafter, . Tenant, if required by Landlord, shall pay to Landlord until the end of the term of this Lease, the equivalent of the amount of all rent reserved herein and all other charges required to be paid by Tenant, less the net amount received by Landlord for such reletting, if any. If the leased premises shall be reoccupied by Landlord, then, from and after the date of repossession, Tenant shall be discharged of any obligations to Landlord under the provisions hereof for the payment of rent. In the event of any default by Tenant, and regardless of whether the premises shall be relet or possessed by Landlord, and fixtures, additions, furniture, and the like then on the premises may be retained by Landlord. In the event Tenant is in default under the terms hereof and, by the sole determination of Landlord, Landlord has abandoned the leased premises, Landlord shall have the right to remove all the Tenant's property from the leased premises and dispose of said property in such a manner as determined best by Landlord, all at the cost and expense of Tenant and without liability of Landlord for the actions so taken. In the event an assignment of Tenant's business or property shall be made for the benefit of creditors, creditors or, if the Tenant's Tenants leasehold interest under the terms of this Agreement shall be levied upon by execution or seized by virtue of any writ of any court of law, or, or if application be made for the appointment of a receiver for the business or property of Tenant, or, if a petition in bankruptcy shall be filed by or against Tenant, then and in any such case, at Landlord's optionoptions, with or without notice, landlord Landlord may terminate this Lease and immediately retake possession of the leased premises without the same working any forfeiture of the obligations of Tenant hereunder. In addition to remedy granted to Landlord by the terms hereof, Landlord shall have available any and all rights and remedies available under the Statutes of the State of Colorado. No remedy herein or otherwise conferred upon or reserved to Landlord shall be considered exclusive of any other remedy but shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by Statute. Further, all powers and remedies given by this Lease to Landlord shall may be exercised, from time to time, and as often as occasion may arise or as may be deemed expedient. No delay or omission of Landlord to exercise any right or power arising from any default shall impair any such right or power or shall be considered to be a waiver of any such default or acquiescence thereof. The acceptance of rental by Landlord shall not be deemed to be a waiver of any breach of any of the covenants herein contained or of any of the rights of Landlord to any remedies herein given.

Appears in 1 contract

Samples: Lease Agreement (Industrialex Manufacturing Corp)

Default Remedies of Landlord. (a) If after thirty (30) business days written notice of default (ten (10) business days in the case of a monetary default) Tenant shall remain in default in the payment of rent or in the keeping of any of the terms, covenants covenants, or conditions of this Lease to be kept and/or performed by Tenant and if such default isn't cured within five (5) days after notice of default from LandlordTenant, Landlord may immediately, or at any time thereafter, re-enter thereafter declare this Lease terminated and reenter the leased premisesPremises, remove all persons and property therefrom, without being liable to indictment, prosecution for damage thereforetherefor, or for forcible entry and detainer detainer, and repossess and enjoy the leased premisesPremises, together with all additions thereto or alterations and improvements thereof. Landlord may, at its option, at any time elect to treat this Lease as still in effect and from time to time thereafter, relet the leased premises Premises or any part thereof for the account of Tenant or otherwise, and Tenant. Landlord shall receive and collect the rents therefore therefor and apply the same first to the payment of such expenses as Landlord may have incurred in recovering possession and for putting the same in good order and condition for rerentalrerent, and expense, expense and commissions and charges paid by Landlord in reletting the leased premisesPremises. Any such reletting may be for the remainder of the term of this Lease or for a longer or shorter period. In lieu of reletting such leased premises, Landlord may occupy the same or cause the same to be occupied by others. Whether or not the leased premises Premises or any part thereof be relet, Tenant shall pay the Landlord the rent, rent and all other charges required to be paid by Tenant up to the time of the expiration of this Lease or of such recovered possession, as the case may be, and thereafter, Tenant, if required by Landlord, shall pay to Landlord until the end of the term of this Lease, the equivalent of the amount of all rent reserved herein and all other charges required to be paid by Tenant, less the net amount received by Landlord for such reletting, if any. If the leased premises Premises shall be reoccupied by Landlord, then, from and after the date of repossession, Tenant shall be discharged of any obligations to Landlord under the provisions hereof for the payment of rent. In the event of any default by Tenant, and regardless of whether the premises shall be relet or possessed by Landlord, fixtures, additions, furniture, and the like then on the premises may be retained by Landlord. In the event Tenant is in default under the terms hereof and, by the sole determination of Landlord, has abandoned the leased premises, Landlord shall have the right to remove all the Tenant's property from the leased premises and dispose of said property in such a manner as determined best by Landlord, all at the cost and expense of Tenant and without liability of Landlord for the actions so taken. In the event an assignment of Tenant's business or property shall be made for the benefit of creditors, or, if the Tenant's leasehold interest under the terms of this Agreement shall be levied upon by execution or seized by virtue of any writ of any court of law, or, if application be made for the appointment of a receiver for the business or property of Tenant, or, if a petition in bankruptcy shall be filed by or against Tenant, then and in any such case, at Landlord's option, with or without notice, landlord may terminate this Lease and immediately retake possession of the leased premises without the same working any forfeiture of the obligations of Tenant hereunder. In addition to remedy granted to Landlord by the terms hereof, Landlord shall have available any and all rights and remedies available under the Statutes of the State of Colorado. No remedy herein or otherwise conferred upon or reserved to Landlord shall be considered exclusive of any other remedy but shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by Statute. Further, all powers and remedies given by this Lease to Landlord shall be exercised, from time to time, and as often as occasion may arise or as may be deemed expedient. No delay or omission of Landlord to exercise any right or power arising from any default shall impair any such right or power or shall be considered to be a waiver of any such default or acquiescence thereof. The acceptance of rental by Landlord shall not be deemed to be a waiver of any breach of any covenants herein contained or of any of the rights of Landlord to any remedies herein given.

Appears in 1 contract

Samples: Lease Agreement (American Coin Merchandising Inc)

Default Remedies of Landlord. If Tenant shall default tenant defaults in the any payment of rent or in the keeping of any of the terms, covenants or conditions term of this Lease (“Act of Default”), Landlord’s claim against Tenant for the default shall give rise to be kept and/or performed by a lien on any fixtures, additions, furniture, and the like belonging to Tenant and if such default isn't cured within five (5) days after notice of default from Landlord, Landlord may immediately, or at any time thereafter, re-enter on the leased premises, remove all persons and property therefrom, without being liable to indictment, prosecution for damage therefore, or for forcible entry and detainer and repossess and enjoy the leased premises, together with all additions thereto or alterations and improvements thereofLeased Premises. Landlord may, at its option, at any time and from time to time thereafterafter any Act of Default, relet the leased premises Leased Premises or any a part thereof of the Leased Premises for the account of Tenant or otherwise, and receive and collect the rents therefore and apply the same them first to the payment of such expenses as the Landlord may have incurred in recovering possession and for putting the same in good order and condition for rerentalre-rental, and expense, commissions commissions, and charges paid by Landlord in reletting the leased premises. Any such reletting may be for the remainder of the term of this Lease or for a longer or shorter periodLeased Premises. In lieu of reletting such leased premisesthe Leased Premises are relet, Landlord Tenant may occupy the same or cause the same to be occupied by others. Whether or not the leased premises Leased Premises or any part thereof be of the Leased Premises are relet, Tenant shall will pay the Landlord the rent, rent and all other charges required to be paid by Tenant up to the time of the expiration of this Lease or such of the recovered possession, as the case may be, and thereafter, Tenant, if required by Landlord, shall Tenant will pay to Landlord until the end of the term of this the Lease, the equivalent of the amount of all rent reserved herein and all other charges required to be paid by Tenant, less the net amount received by Landlord for such reletting, if any. If the leased premises shall be reoccupied by Landlord, then, from and after the date of repossession, Tenant shall be discharged of any obligations to Landlord under the provisions hereof for the payment of rent. In the event of any default Act of Default by Tenant, and regardless of whether the premises shall be Leased Premises is relet or possessed by Landlord, and fixtures, additions, furniture, and the like then on the premises Leased Premises may be retained by Landlord. In the event Tenant is in default under the terms hereof of this Lease and, by the sole determination of Landlord, Landlord has abandoned the leased premisesLeased Premises, Landlord shall will have the right to remove all the the Tenant's ’s property from the leased premises Lease Premises and dispose of said property in such a the manner as determined best by Landlord, all at the cost and expense of the Tenant and without liability of Landlord for the actions so taken. In the event an assignment of Tenant's business or property shall be made for the benefit of creditors, or, if the Tenant's leasehold interest under the terms of this Agreement shall be levied upon by execution or seized by virtue of any writ of any court of law, or, if application be made for the appointment of a receiver for the business or property of Tenant, or, if a petition in bankruptcy shall be filed by or against Tenant, then and in any such case, at Landlord's option, with or without notice, landlord may terminate this Lease and immediately retake possession of the leased premises without the same working any forfeiture of the obligations of Tenant hereunder. In addition to remedy remedies granted to Landlord by the terms hereofof this Lease, Landlord shall have available any and all rights right and remedies available under the Statutes laws of the State of Colorado. No remedy herein or otherwise conferred upon or reserved to Landlord shall be considered exclusive of any other remedy but shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by Statute. Further, all powers and remedies given by this Lease to Landlord shall be exercised, from time to time, and as often as occasion may arise or as may be deemed expedient. No delay or omission of Landlord to exercise any right or power arising from any default shall will impair any such right or power or shall will be considered to be a waiver of any such default or acquiescence thereofdefault. The acceptance of rental rent by Landlord shall will not be deemed to be a waiver of any breach of any of the covenants herein contained under this Lease or of any of the rights of Landlord to any remedies herein givenremedies.

Appears in 1 contract

Samples: Lease Agreement

Default Remedies of Landlord. A. If Tenant shall default in the payment of rent or in the keeping of any of the terms, covenants or conditions of this Lease to be kept and/or performed by Tenant and if Tenant; and, has not cured such default isn't cured within five ten (510) days after written notice of default from Landlord, Landlord may immediately, or at any time thereafter, re-enter reenter the leased premisesLeased Premises, remove all persons and property therefrom, without being liable to indictment, prosecution for damage therefore, or for forcible entry and detainer and repossess and enjoy the leased premisesLeased Premises, together with all additions thereto or alterations and improvements thereof. Landlord may, at its option, at any time and from time to time thereafter, relet the leased premises Leased Premises or any part thereof for the account of Tenant or otherwise, and receive and collect the rents therefore and apply the same first to the payment of such expenses as Landlord may have incurred in recovering possession and for putting the same in good order and condition for rerental, and expense, commissions and charges paid by Landlord in reletting the leased premisesLeased Premises. Any DFC ----------- GPL ----------- 10 such reletting may be for the remainder of the term of this Lease or for a longer or shorter period. In lieu of reletting such leased premisesLeased Premises, Landlord may occupy the same or cause the same to be occupied by others. Whether or not the leased premises Leased Premises or any part thereof be relet, Tenant shall pay the Landlord the rent, rent and all other charges required to be paid by Tenant up to the time of the expiration of this Lease or such recovered possession, as the case may be, be and thereafter, Tenant, if required by Landlord, shall pay to Landlord until the end of the term of this Lease, the equivalent of the amount of all rent reserved herein and all other charges required to be paid by Tenant, less the net amount received by Landlord for such reletting, if any, unless waived by written notice from Landlord to Tenant. No action by Landlord to obtain possession of the Leased Premises and/or to recover any amount due to Landlord hereunder shall be taken as a waiver of Landlord's right to require full and complete performance by Tenant of all terms hereof, including payment of all amounts due hereunder or as an election on the part of Landlord to terminate this Lease Agreement. If the leased premises Leased Premises shall be reoccupied by Landlord, then, from and after the date of repossession, Tenant shall be discharged of any obligations to Landlord under the provisions hereof for the payment of rent. In If the event of any default Leased Premises are reoccupied by Tenantthe Landlord pursuant hereto, and regardless of whether the premises Leased Premises shall be relet or possessed by Landlord, all fixtures, additions, furniture, and the like then on the premises Leased Premises, excluding any equipment, fixtures, and furniture that Tenant may be leasing from a third party, may be retained by Landlord. In the event Tenant is in default under the terms hereof and, by the sole determination of Landlord, has abandoned the leased premisesLeased Premises, Landlord shall have the right to remove all the Tenant's property from the leased premises Leased Premises and dispose of said property in such a manner as determined best by Landlord, all at the sole cost and expense of Tenant and without liability of Landlord for the actions so taken. In the event an assignment of Tenant's business or property shall be made for the benefit of creditors, or, if the Tenant's leasehold interest under the terms of this Agreement shall be levied upon by execution or seized by virtue of any writ of any court of law, or, if application be made for the appointment of a receiver for the business or property of Tenant, or, if a petition in bankruptcy shall be filed by or against Tenant, then and in any such case, at Landlord's option, with or without notice, landlord may terminate this Lease and immediately retake possession of the leased premises without the same working any forfeiture of the obligations of Tenant hereunder. In addition to remedy granted to Landlord by the terms hereof, Landlord shall have available any and all rights and remedies available under the Statutes of the State of Colorado. No remedy herein or otherwise conferred upon or reserved to Landlord shall be considered exclusive of any other remedy but shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by Statute. Further, all powers and remedies given by this Lease to Landlord shall be exercised, from time to time, and as often as occasion may arise or as may be deemed expedient. No delay or omission of Landlord to exercise any right or power arising from any default shall impair any such right or power or shall be considered to be a waiver of any such default or acquiescence thereof. The acceptance of rental by Landlord shall not be deemed to be a waiver of any breach of any covenants herein contained or of any of the rights of Landlord to any remedies herein given.

Appears in 1 contract

Samples: Lease Agreement Office and Industrial Space (Heska Corp)

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Default Remedies of Landlord. A. If Tenant shall fail to pay any sum due hereunder within five (5) days after receipt of written notice from Landlord that such sum is due, Tenant shall be in default in the payment of rent or in the keeping of under this Lease. If Tenant fails to keep any of the other terms, covenants or conditions of this Lease to be kept and/or performed by Tenant Lease, and if has not cured such default isn't cured breach within five thirty (530) days after receipt of written notice from Landlord (or, if the breach cannot be cured within thirty (30) days, Tenant fails to commence the cure Page 11 of 25 Pages INITIAL FMS ----------- GPL ----------- 12 within the thirty (30)- day period or thereafter fails to diligently prosecute the cure to completion), Tenant shall be in default from Landlordunder this Lease. In the event of any such default, [Omitted because stricken by parties.] Landlord may immediately, or at any time thereafter, re-enter reenter the leased premisesLeased Premises, remove all persons and property therefromtherefrom in compliance with applicable law, without being liable to indictment, prosecution for damage therefore, or for forcible entry and detainer and repossess and enjoy the leased premisesLeased Premises, together with all additions thereto or alterations and improvements thereof. Landlord may, at its option, at any time and from time to time thereafter, relet the leased premises Leased Premises or any part thereof for the account of Tenant or otherwise, and receive and collect the rents therefore and apply the same first to the payment of such expenses as Landlord may have incurred in recovering possession and for putting the same in good order and condition for rerental, and expense, commissions and charges paid by Landlord in reletting the leased premisesLeased Premises. Any such reletting may be for the remainder of the term of this Lease or for a longer or shorter period. In lieu of reletting such leased premisesLeased Premises, Landlord may occupy the same or cause the same to be occupied by others. Whether or not the leased premises Leased Premises or any part thereof be relet, Tenant shall pay the Landlord the rent, rent and all other charges required to be paid by Tenant up to the time of the expiration of this Lease or such recovered possession, as the case may be, be and thereafter, Tenant, if required by Landlord, shall pay to Landlord until the end of the term of this Lease, the equivalent of the amount of all rent reserved herein and all other charges required to be paid by Tenant, less the net amount received by Landlord for such reletting, if any, unless waived by written notice from Landlord to Tenant. No action by Landlord to obtain possession of the Leased Premises and/or to recover any amount due to Landlord hereunder shall be taken as a waiver of Landlord's right to require full and complete performance by Tenant of all terms hereof, including payment of all amounts due hereunder or as an election on the part of Landlord to terminate this Lease Agreement. If the leased premises Leased Premises shall be reoccupied by Landlord, then, from and after the date of repossession, Tenant shall be discharged of any obligations to Landlord under the provisions hereof for the payment of rent. In If the event of any default Leased Premises are reoccupied by Tenantthe Landlord pursuant hereto, and regardless of whether the premises Leased Premises shall be relet or possessed by Landlord, all fixtures, additions, furniture, and the like then on the premises Leased Premises, excluding any equipment, fixtures, and furniture that Tenant may be leasing from a third party, may be retained by Landlord. In the event Tenant is in default under the terms hereof and, by the sole determination of Landlord, has abandoned the leased premisesLeased Premises, Landlord shall have the right to remove all the Tenant's property from the leased premises Leased Premises and dispose of said property in such a manner as determined best by Landlord, all at the sole cost and expense of Tenant and without liability of Landlord for the actions so taken. In , so long as the event an assignment of Tenant's business or property shall be made for the benefit of creditors, or, if the Tenant's leasehold interest under the terms of this Agreement shall be levied upon by execution or seized by virtue of any writ of any court of law, or, if application be made for the appointment of a receiver for the business or property of Tenant, or, if a petition in bankruptcy shall be filed by or against Tenant, then and in any such case, at Landlord's option, with or without notice, landlord may terminate this Lease and immediately retake possession of the leased premises without the same working any forfeiture of the obligations of Tenant hereunder. In addition to remedy granted to Landlord by the terms hereof, Landlord shall have available any and all rights and remedies available under the Statutes of the State of Colorado. No remedy herein or otherwise conferred upon or reserved to Landlord shall be considered exclusive of any other remedy but shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by Statute. Further, all powers and remedies given by this Lease to Landlord shall be exercised, from time to time, and as often as occasion may arise or as may be deemed expedient. No delay or omission foregoing actions of Landlord to exercise any right or power arising from any default shall impair any such right or power or shall be considered to be a waiver of any such default or acquiescence thereof. The acceptance of rental by Landlord shall not be deemed to be a waiver of any breach of any covenants herein contained or of any of the rights of Landlord to any remedies herein givenare taken in compliance with applicable Law.

Appears in 1 contract

Samples: Lease Agreement Office and Industrial Space (Heska Corp)

Default Remedies of Landlord. If Tenant shall default in the payment of rent or in the keeping of any of the terms, covenants or conditions of this Lease to be kept and/or performed by Tenant, Tenant and if shall have full right to cure such default isn't cured within five (5) days after notice according to the terms of default from Landlord, Colorado law. Landlord may immediatelyimmediately with, three (3) calendar days' notice, or at any time thereafter, re-enter the leased premisesPremises, remove all persons and property therefrom, without being liable to indictment, prosecution for damage therefore, or for forcible entry and detainer and repossess and enjoy the leased premisesPremises, together with all additions thereto or alterations and improvements thereof. Landlord may, at its option, at any time and from time to time thereafter, relet the leased premises Premises or any part thereof for the account of Tenant or otherwise, otherwise and receive and collect the rents therefore and apply the same same, first to the payment of such expenses as Landlord may have incurred in recovering possession and for putting the same in good order and condition for rerentalre-rental, and expense, commissions and charges paid by Landlord in reletting the leased premisesPremises. Any such reletting may be for the remainder of the term of this Lease or for a longer or shorter period. In lieu of reletting such leased premisesPremises, Landlord may occupy the same or cause the same to be occupied by others. Whether , whether or not the leased premises Premises or any part thereof be relet, . Tenant shall pay the Landlord the rent, and all other charges required to be paid by Tenant up to the time of the expiration of this Lease or such recovered possession, as the case may be, and thereafter, . Tenant, if required by Landlord, shall pay to Landlord until the end of the term of this Lease, the equivalent of the amount of all rent reserved herein and all other charges required to be paid by Tenant, less the net amount received by Landlord for such reletting, if any. If the leased premises shall be reoccupied by Landlord, then, from and after the date of repossession, For any other default Tenant shall have fifteen (15) calendar days to cure unless such default cannot be discharged of any obligations reasonably cured within fifteen (15) calendar days in which event Tenant must diligently proceed to Landlord under cure the provisions hereof for the payment of rentdefault. In the event of any default by Tenant, and regardless of whether the premises Premises shall be relet or possessed by Landlord, all fixtures, additions, furniture, and the like then on the premises Premises may be retained by Landlord. In the event Tenant is in default under the terms hereof and, by the sole determination of Landlord, has abandoned the leased premisesPremises, Landlord shall have the right to remove all the Tenant's property from the leased premises Premises and dispose of said property in such a manner as determined best by Landlord, all at the cost and expense of Tenant and without liability of Landlord for the any actions so taken. In the event an assignment of Tenant's business or property shall be made for the benefit of creditors, creditors or, if the Tenant's leasehold interest under the terms of this Agreement Lease shall be levied upon by execution or seized by virtue of any writ of any court of law, or, or if application be made for the appointment of a receiver for the business or property of Tenant, or, if a petition in bankruptcy shall be filed by or against Tenant, then and in any such case, at Landlord's option, with or without notice, landlord Landlord may terminate this Lease and immediately retake possession of the leased premises Premises without the same working any forfeiture of the obligations of Tenant hereunder. In addition to remedy the remedies granted to Landlord by the terms hereof, Landlord shall have available any and all rights and remedies available under the Statutes of the State of Colorado. No remedy herein or otherwise conferred upon or reserved to Landlord shall be considered exclusive of any other remedy but shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by Statute. Further, all powers and remedies given by this Lease to Landlord shall may be exercised, from time to time, and as often as occasion may arise or as may be deemed expedient. No delay or omission of Landlord to exercise any right or power arising from any default shall impair any such right or power or shall be considered to be a waiver of any such default or acquiescence thereof. The acceptance of rental by Landlord shall not be deemed to be a waiver of any breach of any of the covenants herein contained or of any of the rights of Landlord to any remedies herein given.

Appears in 1 contract

Samples: Lease Agreement (Feel the World, Inc.)

Default Remedies of Landlord. If Tenant shall default in the payment of rent or in the keeping of any of the terms, covenants or conditions of this Lease to be kept and/or performed by Tenant, Landlord may terminate this Lease by written notice to Tenant and if such default isn't cured within five (5) days after notice of default from Landlord, Landlord may immediately, or at any time thereafter, re-enter reenter the leased premises, remove all persons and property therefrom, without being liable to indictment, prosecution for damage thereforetherefor, or for forcible entry and detainer detainer, and repossess and any enjoy the leased premises, together with all additions thereto or alterations and improvements thereof. Landlord may, at its option, at any time and from time to time thereafter, relet the leased premises or any part thereof for the account of Tenant or otherwise, and receive and collect the rents therefore therefor and apply the same first to the payment of such expenses as Landlord may have incurred in recovering possession and for putting the same in good order and condition for rerentalre-rental, and expense, expense and commissions and charges paid by Landlord in reletting the leased premises. Any such reletting may be for the remainder of the term of this Lease or for a longer or shorter period. In lieu of reletting such leased premises, Landlord may occupy the same or cause the same to be occupied by others. Whether or not the leased premises or any part thereof be relet, Tenant shall pay the Landlord the rent, rent and all other charges required to be paid by Tenant up to the time of expiration of this Lease or of such recovered possession, possession as the case may be, and thereafter, Tenant, if required by Landlord, shall pay to Landlord until the end of the term of this Lease, the equivalent of the amount of all rent reserved herein and all other charges required to be paid by Tenant, less the net amount received by Landlord for such reletting, if any. If , provided, however, that if the leased premises shall be reoccupied by Landlord, then, from and after the date of repossession, Tenant shall be discharged of any obligations obligation to Landlord under the provisions hereof for the payment of rent. In rent or any other charges required to be paid by Tenant pursuant to the terms of the Lease, provided, however, in the event of any default by Tenant, and regardless of whether the premises shall be relet or possessed by Landlord, any fixtures, additions, furniture, and the like then on the premises may be retained by Landlord. In the event Tenant is in default under the terms hereof and, by the sole determination of Landlord, has abandoned the leased premises, Landlord shall have the right to remove all the Tenant's property from the leased premises and dispose of said property in such a manner as determined best by Landlord, all at the cost and expense of Tenant and without liability of Landlord for the actions so taken. In the event an assignment of Tenant's business or property shall be made for the benefit of creditors, or, if the Tenant's leasehold interest under the terms of this Agreement shall be levied upon by execution or seized by virtue of any writ of any court of law, or, if application be made for the appointment of a receiver for the business or property of Tenant, or, if a petition in bankruptcy shall be filed by or against Tenant, then and in any such case, at Landlord's option, with or without notice, landlord may terminate this Lease and immediately retake possession of the leased premises without the same working any forfeiture of the obligations of Tenant hereunder. In addition to remedy granted to Landlord by the terms hereof, Landlord shall have available any and all rights and remedies available under the Statutes of the State of Colorado. No remedy herein or otherwise conferred upon or reserved to Landlord shall be considered exclusive of any other remedy but shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by Statute. Further, all powers and remedies given by this Lease to Landlord shall be exercised, from time to time, and as often as occasion may arise or as may be deemed expedient. No delay or omission of Landlord to exercise any right or power arising from any default shall impair any such right or power or shall be considered to be a waiver of any such default or acquiescence thereof. The acceptance of rental by Landlord shall not be deemed to be a waiver of any breach of any covenants herein contained or of any of the rights of Landlord to any remedies herein given.

Appears in 1 contract

Samples: Lease Agreement (GrowGeneration Corp.)

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