Election to Continue This Lease. If Landlord elects to have this Lease continue in full force and effect, Tenant shall remain liable to perform all of its duties, obligations and responsibilities under this Lease and Landlord may enforce all of Landlord’s rights and remedies, including the right to recover rent as it comes due, pursuant to California Civil Code Section 1951.4 as it reads upon the Commencement Date. If Tenant abandons the Premises or fails to maintain and protect the same as provided herein, Landlord shall have the right to do the following: (i) all things necessary or appropriate to maintain, preserve and protect the Premises, including, without limitation, the installation of keepers or guards or the appointment of a receiver; and, (ii) to relet the Premises as the agent of Tenant and for Tenant’s account and to do all things appropriate for such reletting. In the event Landlord relets the Premises, the rent received by Landlord shall be credited to Xxxxxx’s account. None of the foregoing acts shall be deemed to terminate Xxxxxx’s right of possession, and Xxxxxx agrees to reimburse Landlord on demand for all amounts reasonably expended by Landlord in connection with the foregoing acts, together with interest on all amounts expended by Landlord from time-to-time at the maximum legal rate. Notwithstanding any such election to have this Lease remain in full force and effect, Landlord may, in its sole and absolute discretion, elect to terminate Tenant’s right to possession of the Premises and thereby terminate this Lease for any previous breach or default hereunder by Xxxxxx which remains uncured or for any subsequent breach or default at any time thereafter.
Appears in 5 contracts
Samples: Lease and Feedstock Supply Agreement, Lease and Feedstock Supply Agreement, Lease and Feedstock Supply Agreement
Election to Continue This Lease. If Landlord elects to have this Lease continue in full force and effect, Tenant shall remain liable to perform all of its duties, obligations and responsibilities under this Lease and Landlord may enforce all of Landlord’s rights and remedies, including the right to recover rent as it comes due, pursuant to California Civil Code Section 1951.4 as it reads upon the Commencement Date. If Tenant Xxxxxx abandons the Premises or fails to maintain and protect the same as provided herein, Landlord shall have the right to do the following: (i) all :
a. All things necessary or appropriate to maintain, preserve and protect the Premises, including, without limitation,, the installation of keepers or guards or the appointment of a receiver; and, (ii) to ,
b. To relet the Premises as the agent of Tenant and for TenantXxxxxx’s account and to do all things appropriate for such reletting. In the event Landlord relets the Premises, the rent received by Landlord shall be credited to Xxxxxx’s account. None of the foregoing acts shall be deemed to terminate Xxxxxx’s right of possession, possession and Xxxxxx agrees to reimburse Landlord on demand for all amounts reasonably expended by Landlord in connection with the foregoing acts, together with interest on all amounts expended by Landlord from time-to-time to time at the maximum legal rate. Notwithstanding any such election to have this Lease remain in full force and effect, Landlord may, in its sole and absolute discretion, elect to terminate TenantXxxxxx’s right to possession of the Premises and thereby terminate this Lease for any previous breach or of default hereunder by Xxxxxx which remains uncured or for any subsequent breach or default at any time thereafter.
Appears in 1 contract
Samples: Lease and Feedstock Supply Agreement