Common use of DEFAULT - RIGHT TO RE-LET Clause in Contracts

DEFAULT - RIGHT TO RE-LET. Should Landlord elect to re-enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time, without terminating this Lease, make such alterations and repairs as may be necessary in order to re-let the Leased Premises and may re-let the Leased Premises, or any part thereof, for such term or terms (which may be for a term extending beyond the Rental Term of this Lease) and at such rental or rental income and upon such other terms and conditions as Landlord in its sole discretion may deem advisable. Upon each such re-letting, all rental income received by Landlord from such re-letting shall be applied first to the payment of any costs and expenses of such re-letting, including brokerage fees and attorneys’ fees and costs of such alterations and repairs; second, to the payment of rent or other unpaid obligations due hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. If such rental income received from such re-letting during any month be less than that to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless the termination thereof is decreed by a court or competent jurisdiction. Notwithstanding any such re-letting without termination, Landlord may at any time elect to terminate this Lease for such previous default. Should Landlord at any time terminate this Lease for any default, in addition to any other remedies it may have, it may recover from Tenant all damages it may incur by reason of such default, including the cost of recovering the Leased Premises, reasonable attorneys’ fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to rent reserved in this Lease for the remainder of the stated Rental Term over the then reasonable rental value of the Leased Premises for the remainder of the stated Rental Term, all of which amounts shall be immediately due and payable.

DEFAULT - RIGHT TO RE-LET. Should Landlord elect to re-enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time, without terminating this Lease, make such alterations and repairs as may be necessary in order to re-let relet the Leased Premises Premises, and may re-let the Leased Premises, relet said Premises or any part thereof, thereof for such term or terms (which may be for a term extending beyond the Rental Term term of this Lease) and at such rental or rental income rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable. Upon each such re-lettingreletting, all rental income rentals received by Landlord from such re-letting reletting shall be applied first to the payment of any costs and expenses of such re-lettingreletting, including brokerage fees and attorneys’ attorney’s fees and costs of such alterations and repairs; second, to the payment of rent or other unpaid obligations due hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. If such rental income received from such re-letting reletting during any month be less than that to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is be given to Tenant or unless the termination thereof is be decreed by a court or competent jurisdiction. Notwithstanding any such re-letting reletting without termination, Landlord may at any time elect to terminate this Lease for such previous default. Should Landlord at any time terminate this Lease for any default, in addition to any other remedies it may have, it may recover from Tenant all damages it may incur by reason of such default, including the cost of recovering the Leased Premises, reasonable attorneys’ attorney’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to rent reserved in this Lease for the remainder of the stated Rental Term term over the then reasonable rental value of the Leased Premises for the remainder of the stated Rental Termterm, all of which amounts shall be immediately due and payable.

DEFAULT - RIGHT TO RE-LET. Should Landlord elect to re-enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time, without terminating this Lease, make such alterations and repairs as may be necessary in order to re-let relet the Leased Premises Premises, and may re-let the Leased Premises, relet said Premises or any part thereof, thereof for such term or terms (which may be for a term extending beyond the Rental Term term of this Lease) and at such rental or rental income rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable. Upon each such re-lettingreletting, all rental income rentals received by Landlord from such re-letting reletting shall be applied first to the payment of any costs and expenses of such re-lettingreletting, including brokerage fees and attorneys’ attorney's fees and costs of such alterations and repairs; second, to the payment of rent or other unpaid obligations due hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. If such rental income received from such re-letting reletting during any month be less than that to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is be given to Tenant or unless the termination thereof is be decreed by a court or competent jurisdiction. Notwithstanding any such re-letting reletting without termination, Landlord may at any time elect to terminate this Lease for such previous default. Should Landlord at any time terminate this Lease for any default, in addition to any other remedies it may have, it may recover from Tenant all damages it may incur by reason of such default, including the cost of recovering the Leased Premises, reasonable attorneys’ attorney's fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to rent reserved in this Lease for the remainder of the stated Rental Term term over the then actual amount received by Landlord for such period. Landlord shall, in a commercially reasonable rental value manner, mitigate its damages as a result of the Leased Premises for the remainder of the stated Rental Term, all of which amounts shall be immediately due and payableTenant's default.

DEFAULT - RIGHT TO RE-LET. Should Landlord elect to re-enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time, without terminating this Lease, make such reasonable alterations and repairs as may be necessary in order to re-let relet the Leased Premises Premises, and may re-let the Leased Premises, relet said Premises or any part thereof, thereof for such term or terms (which may be for a term extending beyond the Rental Term term of this Lease) and at such rental or rental income rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable. Upon each such re-lettingreletting, all rental income rentals received by Landlord from such re-letting reletting shall be applied first to the payment of any reasonable costs and expenses of such re-lettingreletting, including brokerage fees and attorneys’ attorney's fees and costs of such alterations and repairs; second, to the payment of rent or other unpaid obligations due hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. If such rental income received from such re-letting reletting during any month be less than that to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is be given to Tenant or unless the termination thereof is be decreed by a court or competent jurisdiction. Notwithstanding any such re-letting reletting without termination, Landlord may at any time elect to terminate this Lease for such previous default. Should Landlord at any time terminate this Lease for any default, in addition to any other remedies it may have, it may recover from Tenant all damages it may incur by reason of such default, including the cost of recovering the Leased Premises, reasonable attorneys’ attorney's fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to rent reserved in this Lease for the remainder of the stated Rental Term term over the then reasonable rental value of the Leased Premises for the remainder of the stated Rental Termterm, all of which amounts shall be immediately due and payable.

DEFAULT - RIGHT TO RE-LET. Should Landlord elect to re-enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time, without terminating this Lease, make such alterations and repairs as may be necessary in order to re-let the Leased Premises Premises, and may re-let the said Leased Premises, Premises or any part thereof, thereof for such term or terms (which may be for a term extending beyond the Rental Term term of this Lease) and at such rental or rental income rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable. Upon each such re-letting, all rental income rentals received by Landlord from such re-letting shall be applied first to the payment of any costs and expenses of such re-letting, including brokerage fees and attorneys’ attorney’s fees and costs of such alterations and repairs; second, to the payment of rent or other unpaid obligations due hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. If such rental income received from such re-letting during any month be less than that to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the said Leased Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless the termination thereof is be decreed by a court or competent jurisdiction. Notwithstanding any such re-letting without termination, Landlord may at any time elect to terminate this Lease for such previous default. Should Landlord at any time terminate this Lease for any default, in addition to any other remedies it may have, it may recover from Tenant all damages it may incur by reason of such default, including the cost of recovering the Leased Premises, reasonable attorneys’ attorney’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to rent reserved in this Lease for the remainder of the stated Rental Term term over the then reasonable rental value of the Leased Premises for the remainder of the stated Rental Termterm, all of which amounts shall be immediately due and payable.

DEFAULT - RIGHT TO RE-LET. Should Landlord elect to re-enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time, without terminating this Lease, make such alterations and repairs as may be necessary in order to re-let relet the Leased Premises Premises, and may re-let the Leased Premises, relet said Premises or any part thereof, thereof for such term or terms (which may be for a term extending beyond the Rental Term term of this Lease) and at such rental or rental income rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable. Upon each such re-lettingreletting, all rental income rentals received by Landlord from such re-letting reletting shall be applied first to the payment of any costs and expenses of such re-lettingreletting, including brokerage fees and attorneys’ attorney's fees and costs of such alterations and repairs; second, to the payment of rent or other unpaid obligations due hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. If such rental income received from such re-letting reletting during any month be less than that to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is be given to Tenant or unless the termination thereof is be decreed by a court or competent jurisdiction. Notwithstanding any such re-letting reletting without termination, Landlord may at any time elect to terminate this Lease for such previous default. Should Landlord at any time terminate this Lease for any default, in addition to any other remedies it may have, it may recover from Tenant all damages it may incur by reason of such default, including the cost of recovering the Leased Premises, reasonable attorneys’ attorney's fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to rent reserved in this Lease for the remainder of the stated Rental Term term over the then reasonable rental value of the Leased Premises for the remainder of the stated Rental Termterm, all of which amounts shall be immediately due and payable.

DEFAULT - RIGHT TO RE-LET. Should Landlord elect to re-enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time, without terminating this Lease, make such alterations and repairs as may be necessary in order to re-let relet the Leased Premises Premises, and may re-let the Leased Premises, relet said Premises or any part thereof, thereof for such term or terms (which may be for a term extending beyond the Rental Term term of this Lease) and at such rental or rental income rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable. Upon each such re-lettingreletting, all rental income rentals received by Landlord from such re-letting reletting shall be applied first to the payment of any costs and expenses of such re-lettingreletting, including brokerage fees and attorneys’ attorney’s fees and costs of such alterations and repairs; second, to the payment of rent or other unpaid obligations due hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future rent as the the, same may become due and payable hereunder. If such rental income received from such re-letting reletting during any month be less than that to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is be given to Tenant or unless the termination thereof is be decreed by a court or competent jurisdiction. Notwithstanding any such re-letting reletting without termination, Landlord may at any time elect to terminate this Lease for such previous default. Should Landlord at any time terminate this Lease for any default, in addition to any other remedies it may have, it may recover from Tenant all damages it may incur by reason of such default, including the cost of recovering the Leased Premises, reasonable attorneys’ attorney’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to rent reserved in this Lease for the remainder of the stated Rental Term term over the then reasonable rental value of the Leased Premises for the remainder of the stated Rental Termterm, all of which amounts shall be immediately due and payable.

DEFAULT - RIGHT TO RE-LET. Should Landlord elect to re-enter, as herein providedprovided herein, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time, without terminating this Lease, make such alterations and repairs as may be necessary in order to re-let the Leased Premises Premises, and may re-let the Leased Premises, or any part thereof, for such term or terms (which may be for a term extending beyond the Rental Term of this Lease) and at such rental rent or rental income and upon such other terms and conditions as Landlord in its sole discretion may deem advisable. Upon each such re-letting, all rental income received by Landlord from such re-letting shall be applied first applied, first, to the payment of any indebtedness other than rents due hereunder from Tenant to Landlord; second, to the payment of any costs and expenses of such re-letting, including brokerage fees and attorneys’ fees and costs of such alterations and repairs; secondthird, to the payment of rent or other rents due and unpaid obligations due hereunder; and fourth, the residue, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. If such rental income received from such re-letting during any month be is less than that to be paid those payable during that month by Tenant hereunder, Tenant shall pay any such deficiency immediately to Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless the termination thereof is decreed by a court or of competent jurisdiction. Notwithstanding any such re-letting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous defaultbreach. Should Landlord at any time terminate this Lease for any defaultbreach, in addition to any other remedies it may have, it may recover from Tenant all damages it may incur by reason of such defaultbreach, including the cost of recovering the Leased Premises, reasonable attorneys’ fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent rents and other charges equivalent to rent rents reserved in this Lease for the remainder of the stated Rental Term over the then reasonable rental value of the Leased Premises for the remainder of the stated Rental Term, all of which amounts shall be immediately due and payablepayable from Tenant to Landlord.

DEFAULT - RIGHT TO RE-LET. Should Landlord elect to re-enter, as herein providedprovided herein, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time, without terminating this Lease, make such alterations and repairs as may be necessary in order to re-let the Leased Premises and may re-let the Leased Premises, or any part thereof, for such term or terms (which may be for a term extending beyond the Rental Term of this Lease) and at such rental rent or rental income and upon such other terms and conditions as Landlord in its sole discretion may deem advisable. Upon each such re-letting, all rental income received by Landlord from such re-letting shall be applied first applied, first, to the payment of any indebtedness other than rents due hereunder from Tenant to Landlord; second, to the payment of any costs and expenses of such re-letting, including brokerage fees and attorneys’ fees and costs of such alterations and repairs; secondthird, to the payment of rent or other rents due and unpaid obligations due hereunder; and fourth, the residue, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. If such rental income received from such re-letting during any month be is less than that to be paid those payable during that month by Tenant hereunder, Tenant shall pay any such deficiency immediately to Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless the termination thereof is decreed by a court or of competent jurisdiction. Notwithstanding any such re-letting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous defaultbreach. Should Landlord at any time terminate this Lease for any defaultbreach, in addition to any other remedies it may have, it may recover from Tenant all damages it may incur by reason of such defaultbreach, including the cost of recovering the Leased Premises, reasonable attorneys’ fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent rents and other charges equivalent to rent rents reserved in this Lease for the remainder of the stated Rental Term over the then reasonable rental value of the Leased Premises for the remainder of the stated Rental Term, all of which amounts shall be immediately due and payable.payable from Tenant to Landlord. In determining the rents which would be payable by Tenant hereunder, subsequent to default, Base Monthly Rent for each year of the unexpired Rental Term shall be equal to the average Base Monthly Rent and Additional Rent payable by Tenant from the Rental Term Commencement Date to the time of default, or during the preceding three (3) full calendar years, whichever is the greater amount. Notwithstanding anything to the contrary in this Lease, Landlord’s remedies as set forth in the Lease shall be subject to the legal doctrines of mitigation and offset. In exercising its remedies following an event of default by Tenant, Landlord shall use commercially reasonable efforts to mitigate its damages and shall use reasonable efforts to re-let the Leased Premises on favorable market terms

DEFAULT - RIGHT TO RE-LET. Should Landlord elect to re-enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time, without terminating this Lease, make such alterations and repairs as may be necessary in order to re-let relet the Leased Premises Premises, and may re-let the Leased Premises, relet said Premises or any part thereof, thereof for such term or terms (which may be for a term extending beyond the Rental Term term of this Lease) and at such rental or rental income rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable. Upon each such re-lettingreletting, all rental income rentals received by Landlord from such re-letting reletting shall be applied first to the payment of any costs and expenses of such re-lettingreletting, including brokerage fees and attorneys’ attorney’s fees and costs of such alterations and repairs; second, to the payment of rent or other unpaid obligations due hereunder; and the residue, if any’, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. If such rental income received from such re-letting reletting during any month be less than that to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is be given to Tenant or unless the termination thereof is be decreed by a court or competent jurisdiction. Notwithstanding any such re-letting reletting without termination, Landlord may at any time elect to terminate this Lease for such previous default. Should Landlord at any time terminate this Lease for any default, in addition to any other remedies it may have, it may recover from Tenant all damages it may incur by reason of such default, including the cost of recovering the Leased Premises, reasonable attorneys’ attorney’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to rent reserved in this Lease for the remainder of the stated Rental Term term over the then reasonable rental value of the Leased Premises for the remainder of the stated Rental Termterm, all of which amounts shall be immediately due and payable.