Common use of Distress Clause in Contracts

Distress. All goods, chattels, fixtures and other personal property which are or may be in the Premises, or which may be found therein, including without limitation all heavy or connected machinery and equipment, shall be subject to the Landlord's rights of distraint for the payment of Rent, and any other amount of monies payable hereunder from time to time and the fulfillment of the other obligations of this Lease. The Landlord may exercise any right of distress on the Premises and for such purpose may lock the Premises, change any locks on the Premises and by any means exclude the Tenant from all or any parts of the Premises and the Landlord shall not thereby be terminating this Lease in the absence of express written notice terminating this Lease. The Tenant consents to being excluded by the Landlord from all or any parts of the Premises for purposes of the Landlord's exercising any right of distress. The Landlord shall not be liable for loss or damage to goods or chattels against which distress is levied no matter how caused except to the extent of direct, and not indirect or consequential, damage caused by the negligence of the Landlord or its employees. The Landlord shall not be liable for any loss or damage caused by its bailiff or any agent through negligence or otherwise. In exercising any right of distress, the Landlord may distrain against all or any goods or chattels, irrespective of whether or of the degree to which the same may be excessive, may hold all distrained goods or chattels without limit in time, and the Tenant waives all rights and remedies in respect thereof.

Appears in 1 contract

Samples: Candente Resources (Canadente Resource Corp)

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Distress. All goodsAt any time that the Landlord is entitled to levy distress against the goods and chattels of the Tenant, chattels, fixtures and other personal property which are or it may be in use such reasonable force as it may deem necessary for the Premises, or which may be found therein, including without limitation all heavy or connected machinery and equipment, shall be subject purpose of gaining admission to the Landlord's rights of distraint for the payment of Rent, and any other amount of monies payable hereunder from time to time and the fulfillment of the other obligations of this Lease. The Landlord may exercise any right of distress on the Premises and for such purpose may lock the Premises, change any locks on the Premises and by any means exclude the Tenant from all or any parts of the Premises and the Landlord shall not thereby be terminating this Lease in the absence of express written notice terminating this Lease. The Tenant consents to without being excluded by the Landlord from all or any parts of the Premises for purposes of the Landlord's exercising any right of distress. The Landlord shall not be liable for loss any action or damage to goods or chattels against which distress is levied no matter how caused except to the extent of direct, and not indirect or consequential, damage caused by the negligence of the Landlord or its employees. The Landlord shall not be liable for any loss or damage caused by its bailiff occasioned thereby, and the Tenant hereby expressly releases the Landlord from all actions, proceedings, claims, or demands whatsoever for or on account of or in respect of any such forcible entry or any agent through negligence loss or otherwisedamage sustained by the Tenant in connection with it. In exercising The Tenant waives and renounces the benefit of any present or future statute taking away or limiting the Landlord’s right of distress, and covenants and agrees that, notwithstanding any such statute, none of the goods and chattels of the Tenant on the Premises at any time during the Term or any renewal of it will be exempt from levy by distress for Rent in arrears. The Tenant covenants and agrees to indemnify and save harmless the Landlord from and against any and all manner of actions or causes of action, damages, costs, loss, or expenses of whatever kind that the Landlord may distrain sustain, incur, or be put to by reason of or arising out of the distress, seizure, or the levy of distress against all or any goods or chattelschattels on or in the Premises, irrespective whether owned by the Tenant or any other person, and such liability to indemnify and save harmless will survive any termination of whether or this Lease and the expiry of the degree Term or any renewal of it, anything in this Lease to which the same may be excessive, may hold all distrained goods or chattels without limit in time, and the Tenant waives all rights and remedies in respect thereof.contrary notwithstanding. P a g e | 29

Appears in 1 contract

Samples: Certain Confidential Information (Western Magnesium Corp.)

Distress. All goodsAt any time that the Landlord is entitled to levy distress against the goods and chattels of the Tenant, chattels, fixtures and other personal property which are or it may be in use such reasonable force as it may deem necessary for the Premises, or which may be found therein, including without limitation all heavy or connected machinery and equipment, shall be subject purpose of gaining admission to the Landlord's rights of distraint for the payment of Rent, and any other amount of monies payable hereunder from time to time and the fulfillment of the other obligations of this Lease. The Landlord may exercise any right of distress on the Premises and for such purpose may lock the Premises, change any locks on the Premises and by any means exclude the Tenant from all or any parts of the Premises and the Landlord shall not thereby be terminating this Lease in the absence of express written notice terminating this Lease. The Tenant consents to without being excluded by the Landlord from all or any parts of the Premises for purposes of the Landlord's exercising any right of distress. The Landlord shall not be liable for loss any action in respect thereof or damage to goods or chattels against which distress is levied no matter how caused except to the extent of direct, and not indirect or consequential, damage caused by the negligence of the Landlord or its employees. The Landlord shall not be liable for any loss or damage caused by its bailiff occasioned thereby, and the Tenant hereby expressly releases the Landlord from all actions, proceedings, claims, or demands whatsoever for or on account of or in respect of any such forcible entry or any agent through negligence loss or otherwisedamage sustained by the Tenant in connection therewith. In exercising The Tenant waives and renounces the benefit of any present or future statute taking away or limiting the Landlord's right of distress, and covenants and agrees that notwithstanding any such statute none of the goods and chattels of the Tenant on the Premises at any time during the Term or any renewal thereof shall be exempt from levy by distress for Rent in arrears. The Tenant covenants and agrees to indemnify and save harmless the Landlord from and against any and all manner of actions or causes of action, damages, costs, loss, or expenses of whatever kind which the Landlord may distrain sustain, incur, or be put to by reason of or arising out of the distress, seizure, or the levy of distress against all or any goods or chattelschattels on or in the Premises, irrespective whether owned by the Tenant or any other person, and such liability to indemnify and save harmless shall survive any termination of whether or this Lease and the expiry of the degree Term or any renewal thereof, anything in this Lease to which the same may be excessive, may hold all distrained goods or chattels without limit in time, and the Tenant waives all rights and remedies in respect thereofcontrary notwithstanding.

Appears in 1 contract

Samples: Service Systems International LTD

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Distress. All goods, chattels, fixtures and other personal property which are or may be in the Premises, or which may be found therein, including without limitation all heavy or connected machinery and equipment, shall be subject to the Landlord's rights of distraint for the payment of Rent, and any other amount of monies payable hereunder from time to time and the fulfillment of the other obligations of this Lease. The Landlord may exercise any right of distress on the Premises and for such purpose may lock the Premises, change any locks on the Premises and by any means exclude the Tenant from all or any parts of the Premises and Whensoever the Landlord shall not thereby be terminating this Lease in entitled to levy distress against the absence of express written notice terminating this Lease. The Tenant consents to being excluded by the Landlord from all or any parts goods and chattels of the Tenant it may use such reasonable force as it may deem necessary for the purpose and for gaining admission to the Premises for purposes of the Landlord's exercising any right of distress. The Landlord shall not be without being liable for loss any action in respect thereof or damage to goods or chattels against which distress is levied no matter how caused except to the extent of direct, and not indirect or consequential, damage caused by the negligence of the Landlord or its employees. The Landlord shall not be liable for any loss or damage caused by its bailiff occasioned thereby and the Tenant hereby expressly releases the Landlord from all actions, proceedings, claims or demands whatsoever for or on account of or in respect of any such forcible entry or any agent through negligence loss or otherwisedamage sustained by the Tenant in connection therewith. In exercising The Tenant waives and renounces the benefit of any present or future statute taking away or limiting the Landlord's right of distress, and covenants and agrees that notwithstanding any such statute none of the goods and chattels of the Tenant on the Premises at any time during the Term shall be exempt from levy by distress for Rent in arrears. The Tenant covenants and agrees to indemnify and save harmless the Landlord from and against any and all manner of actions or causes of action, damages, costs, loss or expenses of whatever kind which the Landlord may distrain sustain, incur or be put to be put to by reason of or arising out of the distress, seizure or the levy of distress against all or any goods or chattelschattels on or in the Premises whether owned by the Tenant or any other person, irrespective and such liability to indemnify and save harmless shall survive any termination of whether or this Lease and the expiry of the degree Term, anything in this Lease to which the same may be excessive, may hold all distrained goods or chattels without limit in time, and the Tenant waives all rights and remedies in respect thereofcontrary notwithstanding.

Appears in 1 contract

Samples: Lease (Vidatron Entertainment Group Inc)

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