Default Remedies of Landlord. In the event of default at any time by TENANT in the payment of the rent herein provided for, or any part thereof, or in the performance of any other terms, covenants or conditions to be kept or performed by TENANT, or if TENANT shall abandon or vacate the Premises (as defined below) without the written consent of LANDLORD, then after three days’ written notice of any default in payment of rent and after fifteen days’ written notice of any default other than payment of rent (if such default is not cured within such period; provided, however, that if the cure cannot reasonably be accomplished within 15 days, TENANT shall not be in default so long as TENANT has commenced the cure within the 15 day period and diligently prosecutes it to completion), the LANDLORD, at its option, shall have the right to deem this Lease to be in default and LANDLORD shall have the right, at its option, to enter upon the Premises or any part thereof, either with or without process of law, and to expel, remove or put out TENANT or any other person or persons who may be thereon, together with all personal property found therein; and in event of TENANT’s default, LANDLORD shall have the following cumulative remedies: a. The right to terminate TENANT’s right to possession in any manner permitted by law; b. Upon termination of such right to possession or upon abandonment of the property by TENANT, the remedies prescribed by Civil Code Section 1951.2(a), Paragraphs (1), (2), (3), and (4). In connection with such Paragraph (3), it is hereby provided that damages that LANDLORD may recover include the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of rental loss for the same period that the TENANT proves could be reasonably avoided; c. If there be such abandonment but not such termination of such right to possession, this Lease shall continue in effect (unless and until there be such a termination) and LANDLORD may enforce all rights and remedies under this lease, including, without limitation, the right to recover the rent as it becomes due under this lease. In this connection, it is hereby expressly provided that TENANT may sublet the property, assign TENANT’s interest in this lease, or both, with the consent of the LANDLORD, and such consent to be as provided in Paragraph 21 hereof. Such abandonment as an event of default shall be grounds for determination at LANDLORD’s option of such right to possession at any time unless and until (i) such default be cured by occupancy by an assignee or sublessee so consented to by LANDLORD or re-occupancy by TENANT, and (ii) any other events of default be cured; d. Such other remedies, legal and equitable, as the law may, from time to time, provide or allow. As used above “abandonment” shall be deemed to occur only if: (i) TENANT ceased to regularly occupy the property during business hours and gives written notice to LANDLORD of abandonment; or (ii) TENANT ceased to regularly occupy the property during business hours during the term of the Lease or any extension or renewals thereof, for a cumulative period of six (6) months or longer The parties have, by such definition of “abandonment,” tried to make more certain the application of the remedies hereunder. If it should be held invalid for them to have so contracted as to such definition, such invalidity shall not affect the enforceability of the provision hereof which shall then be read as if there were no such definition in this lease. A waiver by LANDLORD of any default by TENANT in the performance of any of the covenants, terms or conditions hereof shall not be considered or treated as a waiver of any subsequent or other default as to the same or any other matter. Any and all of the following actions shall constitute a default of this lease following the expiration of the notice and cure period described above: i. Use of the Premises for any purpose other than as authorized in this lease, or ii. Default in the payment of rent or any other sums owing when due; or iii. Abandonment or vacation (as defined above) of TENANT from the Premises; or iv. Assignment of the Premises by TENANT, either voluntarily or by operation of law, whether by judgment, execution, death or any other means, without the consent of LANDLORD; or v. A filing by TENANT or any other person of a voluntary or involuntary petition in bankruptcy or an arrangement by or against TENANT; the adjudication of TENANT as a bankrupt or insolvent; the appointment of a receiver of the business or of the assets of TENANT, except a receiver appointed at the instance or request of LANDLORD; the general or any other assignment by TENANT for the benefits of its creditors; or vi. A default in the performance of any of the terms, covenants, and conditions herein contained; or vii. TENANT’s failure to pay the rent herein or to perform any of the terms, covenants, or conditions herein by him to be kept or performed; or viii. A default by TENANT in the payment of rent or the performance of any other terms, covenants or conditions to be kept or performed by TENANT under any other lease or tenancy wherein this LANDLORD is also LANDLORD therein, whether or not said lease has terminated, expired, or been replaced.
Appears in 1 contract
Samples: Office Building Lease (National Mercantile Bancorp)
Default Remedies of Landlord. In the event of default at any time by TENANT in the payment of the rent herein provided for, or any part thereof, or in the performance of any other terms, covenants or conditions to be kept or performed by TENANT, or if TENANT shall abandon or vacate the Premises (as defined belowa) without the written consent of LANDLORD, then If after three days’ thirty (30) business days written notice of any default (ten (10) business days in payment the case of rent and after fifteen days’ written notice of any default other than payment of rent (if such default is not cured within such period; provided, however, that if the cure cannot reasonably be accomplished within 15 days, TENANT a monetary default) Tenant shall not be remain in default so long as TENANT has commenced the cure within the 15 day period and diligently prosecutes it to completion), the LANDLORD, at its option, shall have the right to deem this Lease to be in default and LANDLORD shall have the right, at its option, to enter upon the Premises or any part thereof, either with or without process of law, and to expel, remove or put out TENANT or any other person or persons who may be thereon, together with all personal property found therein; and in event of TENANT’s default, LANDLORD shall have the following cumulative remedies:
a. The right to terminate TENANT’s right to possession in any manner permitted by law;
b. Upon termination of such right to possession or upon abandonment of the property by TENANT, the remedies prescribed by Civil Code Section 1951.2(a), Paragraphs (1), (2), (3), and (4). In connection with such Paragraph (3), it is hereby provided that damages that LANDLORD may recover include the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of rental loss for the same period that the TENANT proves could be reasonably avoided;
c. If there be such abandonment but not such termination of such right to possession, this Lease shall continue in effect (unless and until there be such a termination) and LANDLORD may enforce all rights and remedies under this lease, including, without limitation, the right to recover the rent as it becomes due under this lease. In this connection, it is hereby expressly provided that TENANT may sublet the property, assign TENANT’s interest in this lease, or both, with the consent of the LANDLORD, and such consent to be as provided in Paragraph 21 hereof. Such abandonment as an event of default shall be grounds for determination at LANDLORD’s option of such right to possession at any time unless and until (i) such default be cured by occupancy by an assignee or sublessee so consented to by LANDLORD or re-occupancy by TENANT, and (ii) any other events of default be cured;
d. Such other remedies, legal and equitable, as the law may, from time to time, provide or allow. As used above “abandonment” shall be deemed to occur only if:
(i) TENANT ceased to regularly occupy the property during business hours and gives written notice to LANDLORD of abandonment; or
(ii) TENANT ceased to regularly occupy the property during business hours during the term of the Lease or any extension or renewals thereof, for a cumulative period of six (6) months or longer The parties have, by such definition of “abandonment,” tried to make more certain the application of the remedies hereunder. If it should be held invalid for them to have so contracted as to such definition, such invalidity shall not affect the enforceability of the provision hereof which shall then be read as if there were no such definition in this lease. A waiver by LANDLORD of any default by TENANT in the performance of any of the covenants, terms or conditions hereof shall not be considered or treated as a waiver of any subsequent or other default as to the same or any other matter. Any and all of the following actions shall constitute a default of this lease following the expiration of the notice and cure period described above:
i. Use of the Premises for any purpose other than as authorized in this lease, or
ii. Default in the payment of rent or any other sums owing when due; or
iii. Abandonment or vacation (as defined above) of TENANT from the Premises; or
iv. Assignment of the Premises by TENANT, either voluntarily or by operation of law, whether by judgment, execution, death or any other means, without the consent of LANDLORD; or
v. A filing by TENANT or any other person of a voluntary or involuntary petition in bankruptcy or an arrangement by or against TENANT; the adjudication of TENANT as a bankrupt or insolvent; the appointment of a receiver of the business or of the assets of TENANT, except a receiver appointed at the instance or request of LANDLORD; the general or any other assignment by TENANT for the benefits of its creditors; or
vi. A default in the performance keeping of any of the terms, covenants, and conditions herein contained; or
vii. TENANT’s failure to pay the rent herein or to perform any of the terms, covenants, or conditions herein by him of this Lease to be kept and/or performed by Tenant, Landlord may immediately, or performed; or
viiiat any time thereafter declare this Lease terminated and reenter the Premises, remove all persons and property therefrom, without being liable to indictment, prosecution for damage therefor, or for forcible entry and detainer, and repossess and enjoy the Premises, together with all additions thereto or alterations and improvements thereof. A default by TENANT Landlord may, at its option, elect to treat this Lease as still in effect and relet the Premises or any part thereof for the account of Tenant. Landlord shall receive and collect the rents 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 rerent, and expense and commissions and charges paid by Landlord in reletting the Premises. Any such reletting may be for the remainder of the term of this Lease or for a longer or shorter period. Whether or not the Premises or any part thereof be relet, Tenant shall pay Landlord the 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 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.
(b) In the event of any default by Tenant which is not timely cured, 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.
(c) In the event of a default by Tenant in the performance of any other termsof its duties and obligations hereunder, covenants or conditions Tenant shall pay all costs incurred by Landlord in the enforcement of the provisions of this Lease (including this provision) as against said Tenant, said costs to be kept or performed by TENANT under any other lease or tenancy wherein this LANDLORD is also LANDLORD therein, whether or not said lease has terminated, expired, or been replaced.include reasonable attorneys' fees
Appears in 1 contract
Default Remedies of Landlord. In the event 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 at under this Lease. If Tenant fails to keep any time by TENANT in the payment of the rent herein provided for, or any part thereof, or in the performance of any other terms, covenants or conditions to be kept or performed by TENANTof this Lease, or if TENANT shall abandon or vacate the Premises and has not cured such breach within thirty (as defined below30) without the written consent days after receipt of LANDLORD, then after three days’ written notice of any default in payment of rent and after fifteen days’ written notice of any default other than payment of rent from Landlord (or, if such default is the breach cannot be cured within such period; providedthirty (30) days, however, that if Tenant fails to commence the cure cannot reasonably be accomplished Page 11 of 25 Pages INITIAL FMS ----------- GPL ----------- 12 within 15 days, TENANT shall not be in default so long as TENANT has commenced the thirty (30)- day period or thereafter fails to diligently prosecute the cure within the 15 day period and diligently prosecutes it to completion), Tenant shall be in default under this Lease. In the LANDLORDevent of any such default, [Omitted because stricken by parties.] Landlord may immediately, or at any time thereafter, reenter the Leased Premises, remove all persons and property therefrom 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 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 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, 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 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. If the Leased Premises are reoccupied by the Landlord pursuant hereto, and regardless of whether the Leased Premises shall be relet or possessed by Landlord, all fixtures, additions, furniture, and the like then on the 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 Premises, Landlord shall have the right to deem remove all the Tenant's property from the Leased Premises and dispose of said property in such a manner as determined best by Landlord, at the sole cost and expense of Tenant and without liability of Landlord for the actions so taken, so long as the foregoing actions of Landlord are taken in compliance with applicable Law.
B. 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 Lease to 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 default bankruptcy shall be filed by or against Tenant, and LANDLORD shall have the rightforegoing are not resolved and/or dismissed within sixty (60) days, then and in any such case, at its Landlord's option, to enter upon the Premises or any part thereof, either with or without process notice, Landlord may terminate this Lease and immediately retake possession of lawthe Leased Premises without the same working any forfeiture of the obligations of Tenant hereunder.
C. [Omitted because stricken by parties.]
D. In addition to remedy granted to Landlord by the terms hereof, and to expel, remove or put out TENANT or any other person or persons who may be thereon, together with all personal property found therein; and in event of TENANT’s default, LANDLORD Landlord shall have the following cumulative remedies:
a. The right to terminate TENANT’s right to possession in available any manner permitted by law;
b. Upon termination of such right to possession or upon abandonment of the property by TENANT, the remedies prescribed by Civil Code Section 1951.2(a), Paragraphs (1), (2), (3), and (4). In connection with such Paragraph (3), it is hereby provided that damages that LANDLORD may recover include the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of rental loss for the same period that the TENANT proves could be reasonably avoided;
c. If there be such abandonment but not such termination of such right to possession, this Lease shall continue in effect (unless and until there be such a termination) and LANDLORD may enforce all rights and remedies available under this lease, including, without limitation, the right to recover the rent as it becomes due under this lease. In this connection, it is hereby expressly provided that TENANT may sublet the property, assign TENANT’s interest in this lease, or both, with the consent statutes of the LANDLORD, and such consent State of Colorado. No remedy herein or otherwise conferred upon or reserved to be as provided in Paragraph 21 hereof. Such abandonment as an event of default Landlord shall be grounds for determination at LANDLORD’s option considered exclusive of such right to possession at any time unless and until (i) such default be cured by occupancy by an assignee or sublessee so consented to by LANDLORD or re-occupancy by TENANT, and (ii) any other events of default remedy but shall be cured;
d. Such cumulative and shall be in addition to every other remediesremedy given hereunder or now or hereafter existing at law or in equity or by statute. Further, legal all powers and equitable, as the law mayremedies given by this Lease to Landlord may be exercised, from time to time, provide and as often as occasion may arise or allowas may be deemed expedient. As used above “abandonment” 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 rent by Landlord shall not be deemed to occur only if:
(i) TENANT ceased to regularly occupy the property during business hours and gives written notice to LANDLORD of abandonment; or
(ii) TENANT ceased to regularly occupy the property during business hours during the term of the Lease or any extension or renewals thereof, for be a cumulative period of six (6) months or longer The parties have, by such definition of “abandonment,” tried to make more certain the application of the remedies hereunder. If it should be held invalid for them to have so contracted as to such definition, such invalidity shall not affect the enforceability of the provision hereof which shall then be read as if there were no such definition in this lease. A waiver by LANDLORD of any default by TENANT in the performance breach of any of the covenants, terms covenants herein contained or conditions hereof shall not be considered or treated as a waiver of any subsequent or other default as to the same or any other matter. Any and all of the following actions shall constitute a default of this lease following the expiration of the notice and cure period described above:
i. Use of the Premises for any purpose other than as authorized in this lease, or
ii. Default in the payment of rent or any other sums owing when due; or
iii. Abandonment or vacation (as defined above) of TENANT from the Premises; or
iv. Assignment of the Premises by TENANT, either voluntarily or by operation of law, whether by judgment, execution, death or any other means, without the consent of LANDLORD; or
v. A filing by TENANT or any other person of a voluntary or involuntary petition in bankruptcy or an arrangement by or against TENANT; the adjudication of TENANT as a bankrupt or insolvent; the appointment of a receiver of the business or of the assets of TENANT, except a receiver appointed at the instance or request of LANDLORD; the general or any other assignment by TENANT for the benefits of its creditors; or
vi. A default in the performance of any of the termsrights of Landlord to any remedies herein given.
E. If Tenant shall, covenantsfor any reason, abandon [Omitted because stricken by parties.] the Leased Premises before the current expiration date, and conditions herein contained; or
vii. TENANT’s such abandonment is accompanied by Tenant's failure to pay the Monthly Base Rent or additional rent herein or to perform any of the terms, covenants, or conditions herein by him to be kept or performed; or
viii. A default by TENANT in the payment of rent or the performance of any other terms, covenants or conditions to be kept or performed by TENANT under any other lease or tenancy wherein this LANDLORD is also LANDLORD therein, whether or not said lease has terminated, expired, or been replaced.hereunder,
Appears in 1 contract
Samples: Lease Agreement (Heska Corp)
Default Remedies of Landlord. In the event of default at any time by TENANT in the payment of the rent herein provided for, or any part thereof, or in the performance of any other terms, covenants or conditions to be kept or performed by TENANT, or if TENANT shall abandon or vacate the Premises (as defined below) without the written consent of LANDLORD, then after three days’ ' written notice of any default in payment of rent and after fifteen ten days’ ' written notice of any default other than payment of rent (if such default is not cured within such period; provided, however, that if the cure cannot reasonably be accomplished within 15 days, TENANT shall not be in default so long as TENANT has commenced the cure within the 15 day period and diligently prosecutes it to completion), the LANDLORD, at its option, shall have the right to deem this Lease to be in default and LANDLORD shall have the right, at its option, to enter upon the Premises or any part thereof, either with or without process of law, and to expel, remove or put out TENANT or any other person or persons who may be thereon, together with all personal property found therein; and in event of TENANT’s 's default, LANDLORD shall have the following cumulative remedies:
a. The right to terminate TENANT’s 's right to possession in any manner permitted by law;
b. Upon termination of such right to possession or upon abandonment of the property by TENANT, the remedies prescribed by Civil Code Section 1951.2(a), Paragraphs (1), (2), (3), and (4). In connection with such Paragraph (3), it is hereby provided that damages that LANDLORD may recover include the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of rental loss for the same period that the TENANT proves could be reasonably avoided;
c. If there be such abandonment but not such termination of such right to possession, this Lease shall continue in effect (unless and until there be such a termination) and LANDLORD may enforce all rights and remedies under this lease, including, without limitation, the right to recover the rent as it becomes due under this lease. In this connection, it is hereby expressly provided that TENANT may sublet the property, assign TENANT’s 's interest in this lease, or both, with the consent of the LANDLORD, and such consent to be as provided in Paragraph 21 hereof. Such abandonment as an event of default shall be grounds for determination at LANDLORD’s 's option of such right to possession at any time unless and until (i) such default be cured by occupancy by an assignee or sublessee so consented to by LANDLORD or re-occupancy reoccupancy by TENANT, and (ii) any other events of default be cured;
d. Such other remedies, legal and equitable, as the law may, from time to time, provide or allow. As used above “abandonment” shall be deemed to occur only if:
(i) TENANT ceased to regularly occupy the property during business hours and gives written notice to LANDLORD of abandonment; or
(ii) TENANT ceased to regularly occupy the property during business hours during the term of the Lease or any extension or renewals thereof, for a cumulative period of six (6) months or longer The parties have, by such definition of “abandonment,” tried to make more certain the application of the remedies hereunder. If it should be held invalid for them to have so contracted as to such definition, such invalidity shall not affect the enforceability of the provision hereof which shall then be read as if there were no such definition in this lease. A waiver by LANDLORD of any default by TENANT in the performance of any of the covenants, terms or conditions hereof shall not be considered or treated as a waiver of any subsequent or other default as to the same or any other matter. Any and all of the following actions shall constitute a default of this lease following the expiration of the notice and cure period described above:
i. Use of the Premises for any purpose other than as authorized in this lease, or
ii. Default in the payment of rent or any other sums owing when due; or
iii. Abandonment or vacation (as defined above) of TENANT from the Premises; or
iv. Assignment of the Premises by TENANT, either voluntarily or by operation of law, whether by judgment, execution, death or any other means, without the consent of LANDLORD; or
v. A filing by TENANT or any other person of a voluntary or involuntary petition in bankruptcy or an arrangement by or against TENANT; the adjudication of TENANT as a bankrupt or insolvent; the appointment of a receiver of the business or of the assets of TENANT, except a receiver appointed at the instance or request of LANDLORD; the general or any other assignment by TENANT for the benefits of its creditors; or
vi. A default in the performance of any of the terms, covenants, and conditions herein contained; or
vii. TENANT’s failure to pay the rent herein or to perform any of the terms, covenants, or conditions herein by him to be kept or performed; or
viii. A default by TENANT in the payment of rent or the performance of any other terms, covenants or conditions to be kept or performed by TENANT under any other lease or tenancy wherein this LANDLORD is also LANDLORD therein, whether or not said lease has terminated, expired, or been replaced.
Appears in 1 contract
Default Remedies of Landlord. In the event of A. If Tenant shall default at any time by TENANT in the payment of the rent herein provided for, or any part thereof, or in the performance keeping of any other of the terms, covenants or conditions of this Lease to be kept or and/or performed by TENANTTenant; and, has not cured such default within ten (10) days after written notice from Landlord, Landlord may immediately, or if TENANT shall abandon at any time thereafter, reenter the Leased Premises, remove all persons and property therefrom, without being liable to indictment, prosecution for damage therefore, or vacate for forcible entry and detainer and repossess and enjoy the Premises (as defined below) without the written consent of LANDLORDLeased Premises, then after three days’ written notice of any default in payment of rent together with all additions thereto or alterations and after fifteen days’ written notice of any default other than payment of rent (if such default is not cured within such period; provided, however, that if the cure cannot reasonably be accomplished within 15 days, TENANT shall not be in default so long as TENANT has commenced the cure within the 15 day period and diligently prosecutes it to completion), the LANDLORDimprovements 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 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 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 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, 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 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. If the Leased Premises are reoccupied by the Landlord pursuant hereto, and regardless of whether the Leased Premises shall be relet or possessed by Landlord, all fixtures, additions, furniture, and the like then on the 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 Premises, Landlord shall have the right to deem remove all the Tenant's property from the Leased Premises and dispose of said property in such a manner as determined best by Landlord, at the sole cost and expense of Tenant and without liability of Landlord for the actions so taken.
B. 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 Lease to 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 default bankruptcy shall be filed by or against Tenant, then and LANDLORD shall have the rightin any such case, at its Landlord's option, to enter upon the Premises or any part thereof, either with or without process notice, Landlord may terminate this Lease and immediately retake possession of lawthe Leased Premises without the same working any forfeiture of the obligations of Tenant hereunder.
C. [Omitted because stricken by parties.]
D. In addition to remedy granted to Landlord by the terms hereof, and to expel, remove or put out TENANT or any other person or persons who may be thereon, together with all personal property found therein; and in event of TENANT’s default, LANDLORD Landlord shall have the following cumulative remedies:
a. The right to terminate TENANT’s right to possession in available any manner permitted by law;
b. Upon termination of such right to possession or upon abandonment of the property by TENANT, the remedies prescribed by Civil Code Section 1951.2(a), Paragraphs (1), (2), (3), and (4). In connection with such Paragraph (3), it is hereby provided that damages that LANDLORD may recover include the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of rental loss for the same period that the TENANT proves could be reasonably avoided;
c. If there be such abandonment but not such termination of such right to possession, this Lease shall continue in effect (unless and until there be such a termination) and LANDLORD may enforce all rights and remedies available under this lease, including, without limitation, the right to recover the rent as it becomes due under this lease. In this connection, it is hereby expressly provided that TENANT may sublet the property, assign TENANT’s interest in this lease, or both, with the consent statutes of the LANDLORD, and such consent State of Colorado. No remedy herein or otherwise conferred upon or reserved to be as provided in Paragraph 21 hereof. Such abandonment as an event of default Landlord shall be grounds for determination at LANDLORD’s option considered exclusive of such right to possession at any time unless and until (i) such default be cured by occupancy by an assignee or sublessee so consented to by LANDLORD or re-occupancy by TENANT, and (ii) any other events of default remedy but shall be cured;
d. Such cumulative and shall be in addition to every other remediesremedy given hereunder or now or hereafter existing at law or in equity or by statute. Further, legal all powers and equitable, as the law mayremedies given by this Lease to Landlord may be exercised, from time to time, provide and as often as occasion may arise or allowas may be deemed expedient. As used above “abandonment” 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 rent by Landlord shall not be deemed to occur only if:
(i) TENANT ceased to regularly occupy the property during business hours and gives written notice to LANDLORD of abandonment; or
(ii) TENANT ceased to regularly occupy the property during business hours during the term of the Lease or any extension or renewals thereof, for be a cumulative period of six (6) months or longer The parties have, by such definition of “abandonment,” tried to make more certain the application of the remedies hereunder. If it should be held invalid for them to have so contracted as to such definition, such invalidity shall not affect the enforceability of the provision hereof which shall then be read as if there were no such definition in this lease. A waiver by LANDLORD of any default by TENANT in the performance breach of any of the covenants, terms covenants herein contained or conditions hereof shall not be considered or treated as a waiver of any subsequent or other default as to the same or any other matter. Any and all of the following actions shall constitute a default of this lease following the expiration of the notice and cure period described above:
i. Use of the Premises for any purpose other than as authorized in this lease, or
ii. Default in the payment of rent or any other sums owing when due; or
iii. Abandonment or vacation (as defined above) of TENANT from the Premises; or
iv. Assignment of the Premises by TENANT, either voluntarily or by operation of law, whether by judgment, execution, death or any other means, without the consent of LANDLORD; or
v. A filing by TENANT or any other person of a voluntary or involuntary petition in bankruptcy or an arrangement by or against TENANT; the adjudication of TENANT as a bankrupt or insolvent; the appointment of a receiver of the business or of the assets of TENANT, except a receiver appointed at the instance or request of LANDLORD; the general or any other assignment by TENANT for the benefits of its creditors; or
vi. A default in the performance of any of the termsrights of Landlord to any remedies herein given.
E. If Tenant shall, covenantsfor any reason, vacate the Leased Premises before the current expiration date, landlord shall have the right to accelerate rental payments and conditions herein contained; or
vii. TENANT’s failure to pay any and all future rent payments due during the rent herein or to perform any course of the terms, covenants, or conditions herein by him Lease Term shall become immediately payable in full to be kept or performed; or
viii. A default by TENANT in the payment of rent or the performance of any other terms, covenants or conditions to be kept or performed by TENANT under any other lease or tenancy wherein this LANDLORD is also LANDLORD therein, whether or not said lease has terminated, expired, or been replacedLandlord.
Appears in 1 contract
Samples: Lease Agreement (Heska Corp)
Default Remedies of Landlord. In the event 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 at under this Lease. If Tenant fails to keep any time by TENANT in the payment of the rent herein provided for, or any part thereof, or in the performance of any other terms, covenants or conditions of this Lease, and has not cured such breach within thirty (30) 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
B. In the event an assignment of Tenant's business or property shall be kept made for the benefit of creditors, or, if the Tenant's leasehold interest under the terms of this Lease Agreement shall be levied upon by execution or performed seized by TENANTvirtue 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 TENANT a petition in bankruptcy shall abandon be filed by or vacate against Tenant, and the Premises foregoing are not resolved and/or dismissed within sixty (as defined below60) without the written consent of LANDLORDdays, then after three days’ written notice of and in any default in payment of rent and after fifteen days’ written notice of any default other than payment of rent (if such default is not cured within such period; provided, however, that if the cure cannot reasonably be accomplished within 15 days, TENANT shall not be in default so long as TENANT has commenced the cure within the 15 day period and diligently prosecutes it to completion), the LANDLORDcase, at its Landlord's option, shall have the right to deem this Lease to be in default and LANDLORD shall have the right, at its option, to enter upon the Premises or any part thereof, either with or without process notice, Landlord may terminate this Lease and immediately retake possession of lawthe Leased Premises without the same working any forfeiture of the obligations of Tenant hereunder.
C. [omitted because stricken by parties]
D. In addition to remedy granted to Landlord by the terms hereof, and to expel, remove or put out TENANT or any other person or persons who may be thereon, together with all personal property found therein; and in event of TENANT’s default, LANDLORD Landlord shall have the following cumulative remedies:
a. The right to terminate TENANT’s right to possession in available any manner permitted by law;
b. Upon termination of such right to possession or upon abandonment of the property by TENANT, the remedies prescribed by Civil Code Section 1951.2(a), Paragraphs (1), (2), (3), and (4). In connection with such Paragraph (3), it is hereby provided that damages that LANDLORD may recover include the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of rental loss for the same period that the TENANT proves could be reasonably avoided;
c. If there be such abandonment but not such termination of such right to possession, this Lease shall continue in effect (unless and until there be such a termination) and LANDLORD may enforce all rights and remedies available under this lease, including, without limitation, the right to recover the rent as it becomes due under this lease. In this connection, it is hereby expressly provided that TENANT may sublet the property, assign TENANT’s interest in this lease, or both, with the consent statutes of the LANDLORD, and such consent State of Colorado. No remedy herein or otherwise conferred upon or reserved to be as provided in Paragraph 21 hereof. Such abandonment as an event of default Landlord shall be grounds for determination at LANDLORD’s option considered exclusive of such right to possession at any time unless and until (i) such default be cured by occupancy by an assignee or sublessee so consented to by LANDLORD or re-occupancy by TENANT, and (ii) any other events of default remedy but shall be cured;
d. Such cumulative and shall be in addition to every other remediesremedy given hereunder or now or hereafter existing at law or in equity or by statute. Further, legal all powers and equitable, as the law mayremedies given by this Lease to Landlord may be exercised, from time to time, provide and as often as occasion may arise or allowas may be deemed expedient. As used above “abandonment” 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 rent by Landlord shall not be deemed to occur only if:
(i) TENANT ceased to regularly occupy the property during business hours and gives written notice to LANDLORD of abandonment; or
(ii) TENANT ceased to regularly occupy the property during business hours during the term of the Lease or any extension or renewals thereof, for be a cumulative period of six (6) months or longer The parties have, by such definition of “abandonment,” tried to make more certain the application of the remedies hereunder. If it should be held invalid for them to have so contracted as to such definition, such invalidity shall not affect the enforceability of the provision hereof which shall then be read as if there were no such definition in this lease. A waiver by LANDLORD of any default by TENANT in the performance breach of any of the covenants, terms covenants herein contained or conditions hereof shall not be considered or treated as a waiver of any subsequent or other default as to the same or any other matter. Any and all of the following actions shall constitute a default of this lease following the expiration of the notice and cure period described above:
i. Use of the Premises for any purpose other than as authorized in this lease, or
ii. Default in the payment of rent or any other sums owing when due; or
iii. Abandonment or vacation (as defined above) of TENANT from the Premises; or
iv. Assignment of the Premises by TENANT, either voluntarily or by operation of law, whether by judgment, execution, death or any other means, without the consent of LANDLORD; or
v. A filing by TENANT or any other person of a voluntary or involuntary petition in bankruptcy or an arrangement by or against TENANT; the adjudication of TENANT as a bankrupt or insolvent; the appointment of a receiver of the business or of the assets of TENANT, except a receiver appointed at the instance or request of LANDLORD; the general or any other assignment by TENANT for the benefits of its creditors; or
vi. A default in the performance of any of the termsrights of Landlord to any remedies herein given.
E. If Tenant shall, covenantsfor any reason, abandon [omitted because stricken by parties] the Leased Premises before the current expiration date, and conditions herein contained; or
vii. TENANT’s such abandonment is accompanied by Tenant's failure to pay the Monthly Base Rent or additional rent herein or to perform any of the terms, covenants, or conditions herein by him to be kept or performed; or
viii. A default by TENANT in the payment of rent or the performance of any other terms, covenants or conditions to be kept or performed by TENANT under any other lease or tenancy wherein this LANDLORD is also LANDLORD therein, whether or not said lease has terminated, expired, or been replaced.hereunder,
Appears in 1 contract
Samples: Lease Agreement (Heska Corp)
Default Remedies of Landlord. In the event of If Tenant shall default at any time by TENANT in the payment of the rent herein provided for, or any part thereof, or in the performance keeping of any other of the terms, covenants or conditions of this Lease to be kept or and/or performed by TENANTTenant, Tenant shall have full right to cure such default according to the terms of Colorado law. Landlord may immediately with, three (3) calendar days' notice, or if TENANT shall abandon at any time thereafter, re-enter the Premises, remove all persons and property therefrom, and repossess and enjoy the Premises, together with all additions thereto or vacate the Premises (as defined below) without the written consent of LANDLORD, then after three days’ written notice of any default in payment of rent alterations and after fifteen days’ written notice of any default other than payment of rent (if such default is not cured within such period; provided, however, that if the cure cannot reasonably be accomplished within 15 days, TENANT shall not be in default so long as TENANT has commenced the cure within the 15 day period and diligently prosecutes it to completion), the LANDLORDimprovements thereof. Landlord may, at its option, at any time and from time to time thereafter, relet the 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 re-rental, and expense, commissions and charges paid by Landlord in reletting the 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 Premises, Landlord may occupy the same or cause the same to be occupied by others, whether or not the 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. For any other default Tenant shall have fifteen (15) calendar days to cure unless such default cannot be reasonably cured within fifteen (15) calendar days in which event Tenant must diligently proceed to cure the default. In event of any default by Tenant, and regardless of whether the Premises shall be relet or possessed by Landlord, all 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 Premises, Landlord shall have the right to deem remove all the Tenant's property from the 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 any 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 Lease to 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 default bankruptcy shall be filed by or against Tenant, then and LANDLORD shall have the rightin any such case, at its Landlord's option, to enter upon the Premises or any part thereof, either with or without process notice, Landlord may terminate this Lease and immediately retake possession of lawthe Premises without the same working any forfeiture of the obligations of Tenant hereunder. In addition to the remedies granted to Landlord by the terms hereof, and to expel, remove or put out TENANT or any other person or persons who may be thereon, together with all personal property found therein; and in event of TENANT’s default, LANDLORD Landlord shall have the following cumulative remedies:
a. The right to terminate TENANT’s right to possession in available any manner permitted by law;
b. Upon termination of such right to possession or upon abandonment of the property by TENANT, the remedies prescribed by Civil Code Section 1951.2(a), Paragraphs (1), (2), (3), and (4). In connection with such Paragraph (3), it is hereby provided that damages that LANDLORD may recover include the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of rental loss for the same period that the TENANT proves could be reasonably avoided;
c. If there be such abandonment but not such termination of such right to possession, this Lease shall continue in effect (unless and until there be such a termination) and LANDLORD may enforce all rights and remedies available under this lease, including, without limitation, the right to recover the rent as it becomes due under this lease. In this connection, it is hereby expressly provided that TENANT may sublet the property, assign TENANT’s interest in this lease, or both, with the consent Statutes of the LANDLORD, and such consent State of Colorado. No remedy herein or otherwise conferred upon or reserved to be as provided in Paragraph 21 hereof. Such abandonment as an event of default Landlord shall be grounds for determination at LANDLORD’s option considered exclusive of such right to possession at any time unless and until (i) such default be cured by occupancy by an assignee or sublessee so consented to by LANDLORD or re-occupancy by TENANT, and (ii) any other events of default remedy but shall be cured;
d. Such cumulative and shall be in addition to every other remediesremedy given hereunder or now or hereafter existing at law or in equity or by Statute. Further, legal all powers and equitable, as the law mayremedies given by this Lease to Landlord may be exercised, from time to time, provide and as often as occasion may arise or allowas may be deemed expedient. As used above “abandonment” 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 occur only if:
(i) TENANT ceased to regularly occupy the property during business hours and gives written notice to LANDLORD of abandonment; or
(ii) TENANT ceased to regularly occupy the property during business hours during the term of the Lease or any extension or renewals thereof, for be a cumulative period of six (6) months or longer The parties have, by such definition of “abandonment,” tried to make more certain the application of the remedies hereunder. If it should be held invalid for them to have so contracted as to such definition, such invalidity shall not affect the enforceability of the provision hereof which shall then be read as if there were no such definition in this lease. A waiver by LANDLORD of any default by TENANT in the performance breach of any of the covenants, terms covenants herein contained or conditions hereof shall not be considered or treated as a waiver of any subsequent or other default as to the same or any other matter. Any and all of the following actions shall constitute a default of this lease following the expiration of the notice and cure period described above:
i. Use of the Premises for any purpose other than as authorized in this lease, or
ii. Default in the payment of rent or any other sums owing when due; or
iii. Abandonment or vacation (as defined above) of TENANT from the Premises; or
iv. Assignment of the Premises by TENANT, either voluntarily or by operation of law, whether by judgment, execution, death or any other means, without the consent of LANDLORD; or
v. A filing by TENANT or any other person of a voluntary or involuntary petition in bankruptcy or an arrangement by or against TENANT; the adjudication of TENANT as a bankrupt or insolvent; the appointment of a receiver of the business or of the assets of TENANT, except a receiver appointed at the instance or request of LANDLORD; the general or any other assignment by TENANT for the benefits of its creditors; or
vi. A default in the performance of any of the terms, covenants, and conditions rights of Landlord to any remedies herein contained; or
vii. TENANT’s failure to pay the rent herein or to perform any of the terms, covenants, or conditions herein by him to be kept or performed; or
viii. A default by TENANT in the payment of rent or the performance of any other terms, covenants or conditions to be kept or performed by TENANT under any other lease or tenancy wherein this LANDLORD is also LANDLORD therein, whether or not said lease has terminated, expired, or been replacedgiven.
Appears in 1 contract
Default Remedies of Landlord. In (a) If any of the event following shall occur, such occurrence shall constitute a default under this Lease (and the term "default" whenever used in this Lease shall refer only to the circumstance that exists after the giving of default at notice and the expiration of any time cure or grace period provided in this Lease):
(i) Tenant does not pay in full when due any installment of Rent or any other sum payable by TENANT in Tenant to Landlord under this Lease whether or not included as Rent under this Lease, and the failure continues for ten (10) days after Tenant receives written notice from Landlord specifying such failure;
(ii) Tenant fails to perform or comply with any obligation imposed upon Tenant under this Lease (other than the payment of the rent herein provided formoney) and such failure continues for thirty (30) days after Tenant's receipt of written notice from Landlord specifying such failure, or any part thereof, or in the performance of any other terms, covenants or conditions to such longer period as may be kept or performed by TENANT, or if TENANT shall abandon or vacate the Premises (as defined below) without the written consent of LANDLORD, then after three days’ written notice of any default in payment of rent and after fifteen days’ written notice of any default other than payment of rent (necessary if such default is not cured within such period; provided, however, that if the cure failure cannot reasonably be accomplished cured within 15 daysthirty (30) days even with the exercise of reasonable and diligent effort, TENANT shall not be in default so long as TENANT but Tenant has commenced the cure curative action within the 15 day period ten (10) days after Tenant's receipt of notice, and diligently prosecutes it and continuously pursues such curative action to completion).
(iii) Tenant abandons the Premises;
(iv) Tenant becomes the subject of commencement of an involuntary case under the Federal bankruptcy laws as now or hereafter constituted, or there is filed a petition against Tenant seeking reorganization, arrangement, adjustment or composition of or in respect of Tenant under the LANDLORDFederal bankruptcy laws as now or hereafter constituted, at its optionor under any other applicable federal or state bankruptcy, shall have insolvency, reorganization or other similar law, and the right to deem this Lease case is not dismissed within ninety (90) days after filing;
(v) Tenant commences a voluntary case or institutes proceedings to be adjudicated a bankrupt or insolvent, or consents to the institution of bankruptcy or insolvency proceedings against it, under the Federal bankruptcy laws as now or hereafter constituted, or any other applicable Federal or state bankruptcy or insolvency or other similar law;
(vi) A receiver, conservator or similar officer is appointed by a court of competent jurisdiction to take charge of all or a substantial part of Tenant's property, and that officer is not discharged and possession of Tenant's property is not restored to Tenant within ninety (90) days after appointment;
(vii) Tenant makes any assignment for the benefit of creditors;
(viii) Tenant's interest in default and LANDLORD shall have the right, at its option, to enter upon the Premises or any part thereofunder this Lease is the subject of levy under execution, either with attachment or without other similar process of lawlaw and such actin is not cancelled or discharged within ninety (90) days after its occurrence.
(b) In any such event, and to expelat the sole option of Landlord, remove or put out TENANT or any other person or persons who Landlord may be thereon, together with all personal property found therein; and in event of TENANT’s default, LANDLORD shall have pursue the following cumulative remedies:
a. The right to terminate TENANT’s right to possession in any manner permitted by law;
b. Upon termination of such right to possession or upon abandonment of the property by TENANT, the remedies prescribed by Civil Code Section 1951.2(a), Paragraphs (1), (2), (3), and (4). In connection with such Paragraph (3), it is hereby provided that damages that LANDLORD may recover include the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of rental loss for the same period that the TENANT proves could be reasonably avoided;
c. If there be such abandonment but not such termination of such right to possession, this Lease shall continue in effect (unless and until there be such a termination) and LANDLORD may enforce all rights and remedies under this lease, including, without limitation, the right to recover the rent as it becomes due under this lease. In this connection, it is hereby expressly provided that TENANT may sublet the property, assign TENANT’s interest in this lease, or both, with the consent of the LANDLORD, and such consent to be as provided in Paragraph 21 hereof. Such abandonment as an event of default shall be grounds for determination at LANDLORD’s option of such right to possession at any time unless and until (i) such default be cured by occupancy by an assignee or sublessee so consented to by LANDLORD or re-occupancy by TENANT, and (ii) any other events of default be cured;
d. Such other remedies, legal and equitable, as the law may, from time to time, provide or allow. As used above “abandonment” shall be deemed to occur only if:
(i) TENANT ceased to regularly occupy Re-enter and repossess the Premises, remove any property during business hours located in or on the Premises and gives store such property in a public warehouse or other secure place at the cost and expense of Tenant, giving Tenant twenty-four (24) hours' prior written notice to LANDLORD of abandonmentnotice; or
(ii) TENANT ceased Re-let the Premises or any part of it for Tenant's account; or
(iii) Bring any action against Tenant to regularly occupy recover the property during business hours during amount of any payment owing by Tenant to Landlord as such payment becomes due; or
(iv) Terminate this Lease by giving Tenant prior written notice of termination without relieving Tenant of any liability or obligations for payments that became due before termination; or
(v) only as an alternative remedy to the term foregoing, and not in conjunction with or cumulatively with the foregoing remedies, Landlord may accelerate the rental due from Tenant to Landlord for the remainder of the Lease or any extension or renewals thereofthen-current term, for a cumulative period with the commensurate obligation on the part of six (6) months or longer The parties have, by such definition of “abandonment,” tried Landlord to make more certain all reasonable efforts to obtain and lease the application Premises to a substitute tenant, including prospective substitute tenants produced by Tenant having reasonably satisfactory credit, and to give credit to Tenant against such accelerated obligation for payments received from such substitute tenant, in mitigation of the remedies hereunder. If it should be held invalid for them to have so contracted as to such definition, such invalidity shall not affect the enforceability of the provision hereof which shall then be read as if there were no such definition in this lease. A Tenant's damages.
(c) No waiver by LANDLORD Landlord of any default breach by TENANT in the performance Tenant of any of the covenantsTenant's obligations, terms agreements or conditions hereof covenants in this Lease shall not be considered or treated as a waiver of any subsequent breach or other default as of any obligation, agreement or covenant, nor shall any forbearance by Landlord to the same seek a remedy for any breach by Tenant be a waiver by Landlord of any rights and remedies with respect to such or any other mattersubsequent breach. Any and all of As used in this Section, the following actions "Term" shall constitute a default include the term of this lease following Lease and any renewals or extensions the expiration of the notice and cure period described above:
i. Use of the Premises for any purpose other than as authorized in this lease, or
ii. Default in the payment of rent or any other sums owing when due; or
iii. Abandonment or vacation (as defined above) of TENANT from the Premises; or
iv. Assignment of the Premises by TENANT, either voluntarily or by operation of law, whether by judgment, execution, death or any other means, without the consent of LANDLORD; or
v. A filing by TENANT or any other person of a voluntary or involuntary petition in bankruptcy or an arrangement by or against TENANT; the adjudication of TENANT as a bankrupt or insolvent; the appointment of a receiver of the business or of the assets of TENANT, except a receiver appointed at the instance or request of LANDLORD; the general or any other assignment by TENANT for the benefits of its creditors; or
vi. A default in the performance of any of the terms, covenants, and conditions herein contained; or
vii. TENANT’s failure Lease to pay the rent herein or to perform any of the terms, covenants, or conditions herein by him to be kept or performed; or
viii. A default by TENANT in the payment of rent or the performance of any other terms, covenants or conditions to be kept or performed by TENANT under any other lease or tenancy wherein this LANDLORD is also LANDLORD therein, whether or not said lease has terminated, expired, or been replacedwhich Tenant shall have become bound.
Appears in 1 contract
Samples: Lease Agreement (Kleinerts Inc /Pa/)
