Enforcement by Landlord Sample Clauses

Enforcement by Landlord. The provisions of this Assignment shall inure to the benefit of and be enforceable by Landlord.
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Enforcement by Landlord. Landlord is a third party beneficiary of this Assignment. As such, the provisions of this Assignment inure to the benefit of, and are enforceable by, Landlord.
Enforcement by Landlord. The liability of Guarantor under this Guaranty is an absolute and unconditional guaranty of payment and of performance and not of collectability. This Guaranty shall be enforceable against Guarantor, its successors and assigns, without the necessity for any suit or proceeding on Landlord's part of any kind or nature whatsoever against Tenant or otherwise with respect to the Lease, and without the necessity of any notice of nonpayment, nonperformance or nonobservance or of any notice of acceptance of this Guaranty or of any other notice or demand to which Guarantor might otherwise be entitled, all of which Guarantor hereby expressly waives . Guarantor further agrees that Landlord may enforce this Guaranty without the necessity of resorting to or exhausting any security or collateral and without the necessity of proceeding against any other guarantor . The validity of this Guaranty and the obligation of Guarantor hereunder shall in no manner be terminated, affected or impaired by reason of the assertion or failure to assert by Landlord against Tenant of any of the rights or remedies reserved to Landlord pursuant to the provisions of the Lease, at law or in equity, and the exercise or non - exercise by Landlord of any such rights or remedies shall not constitute a legal or equitable discharge of Guarantor . The liability of each Guarantor hereunder is coextensive with that of Tenant and is joint and several . f) Guarantor's Waivers. Guarantor hereby waives, to the extent permitted by law: (a) all notices and presentments to Guarantor, to Tenant orto any other person, including, but not limited to notices of the acceptance of this Guaranty, or of default in the payment of the Guarantied Sums (or any portion thereof), and enforcement of any right or remedy with respect thereto or notice of any other matters relating thereto ; (b) any statute of limitations affecting Guarantor's liability hereunder or the enforcement thereof ; (c) all defenses based upon any disability of Tenant and any and all other waivable defenses ; (d) any and all right to participate in any Security Deposit held by Landlord now or in the future ; (e) all principles or provisions of law which conflict with the terms of this Guaranty ; and (f) notices of default to Tenant or Guarantor . Xxxxxxxxx further agrees that Landlord may enforce this Guaranty upon the occurrence of any default under the Lease, notwithstanding the existence of any dispute between Landlord and Tenant with respect to th...
Enforcement by Landlord. If any tenant violates or fails to comply with any of its obligations as set forth in these Rules and Regulations or the Lease promptly after written notice from Landlord of such violation or non-compliance, then Landlord or its duly appointed employees, agents or contractors shall have the right to undertake such acts as may be reasonably necessary to cure or eliminate such violation or non-compliance at the sole cost of such tenant, which cost shall constitute Additional Rent under such tenant's lease.
Enforcement by Landlord. If any Tenant violates or fails to comply with any of its obligations as set forth in these Rules and Regulations or the Lease promptly after written notice from Landlord of such violation or non-compliance, then Landlord or its duly appointed employees, agents or contractors shall have the right to undertake such acts as may be reasonably necessary to cure or eliminate such violation or non-compliance at the sole cost of such Tenant, which cost shall constitute Additional Rent under such Tenant's lease.
Enforcement by Landlord. Guarantor agrees that this Guaranty may be enforced by the Landlord without enforcing any rights it may have against any other person or entity or any collateral. Guarantor further agrees that nothing herein contained shall prevent Landlord from suing on the Lease or from exercising any other right available to it under the Lease or against any other person or entity, and the exercise of any of the aforementioned rights shall not constitute a legal or equitable discharge of Guarantor, it being the purpose and intent of Guarantor that its obligations under this Guaranty shall be absolute and unconditional until all terms, covenants, and conditions of the Lease have been completely fulfilled. This Guaranty shall remain in full force and effect notwithstanding the institution by or against Tenant of any insolvency, bankruptcy, or reorganization proceedings or the disaffirmance of the Lease in such proceedings or otherwise. This Guaranty shall continue to be effective or to be reinstated, as the case may be, if at any time any payment is rescinded or must otherwise be returned by Landlord upon the insolvency, bankruptcy, or reorganization of Tenant or otherwise, all as though such payment had not been made. The Guarantors hereby certify that the lease has been properly authorized and constitutes a legal and binding obligation of the limited liability company.
Enforcement by Landlord. The provisions of this Agreement shall inure to the benefit of and be enforceable by Landlord.
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Enforcement by Landlord. Guarantor agrees that this Guaranty may be enforced by Landlord without enforcing any rights Landlord may have against any other person or entity or any collateral. Guarantor further agrees that nothing herein contained shall prevent Landlord from suing on the Lease or from exercising any other right available to it under the Lease or against any other person or entity, and the exercise of any of the aforementioned rights shall not constitute a legal or equitable discharge of Guarantor, it being the purpose and intent of Guarantor that its obligations under this Guaranty shall be absolute and unconditional until all terms, covenants, and conditions of the Lease have been completely fulfilled.
Enforcement by Landlord 

Related to Enforcement by Landlord

  • Assignment by Landlord Landlord shall have the right to transfer and assign, in whole or in part, all its rights and obligations hereunder, in the Premises, and in such event and upon such transfer no further liability or obligation shall thereafter accrue against Landlord hereunder.

  • ENTRY BY LANDLORD Landlord shall at any and all times have the right to enter the Demised Premises to inspect the same, to show the Demised Premises to prospective purchasers, lenders or tenants and to post notices of non-responsibility. Landlord shall also have the right to conduct such maintenance and repair of or to the Demised Premises (or the Building) as Landlord may deem necessary, without abatement of Rent, and for that purpose may erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that the entrance to the Demised Premises shall not be unreasonably blocked thereby, and further provided that the business of Tenant shall not be interfered with unreasonably. Landlord shall use its reasonable efforts to provide advance notice of any such entry to Tenant and shall attempt to minimize interference with Tenant’s business. Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with Tenant’s business, loss of occupancy or quiet enjoyment of the Demised Premises, and any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Demised Premises, excluding Tenant’s vaults, safes and files. Landlord shall have the right to use any and all means which Landlord may deem proper to open said doors in an emergency, in order to obtain entry to the Demised Premises without liability to Tenant except for any failure to exercise due care for Tenant’s property. Any entry to the Demised Premises obtained by Landlord by any of such means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of the Demised Premises, or an eviction of Tenant from the Demised Premises or any portion thereof.

  • Default by Landlord Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's obligations is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion.

  • Payment by Tenant Tenant shall pay to Landlord, within fifteen (15) days after delivery by Landlord to Tenant of statements therefor: (i) sums equal to expenditures reasonably made and obligations incurred by Landlord in connection with Landlord’s performance or cure of any of Tenant’s obligations pursuant to the provisions of Section 19.2.3 above; and (ii) sums equal to all expenditures made and obligations incurred by Landlord in collecting or attempting to collect the Rent or in enforcing or attempting to enforce any rights of Landlord under this Lease or pursuant to law, including, without limitation, all legal fees and other amounts so expended. Tenant’s obligations under this Section 19.3 shall survive the expiration or sooner termination of the Lease Term.

  • Payment By Landlord; Interest Upon a Default by Tenant hereunder, Landlord may, without waiving or releasing any obligation of Tenant hereunder, make such payment or perform such act. All sums so paid or incurred by Landlord, together with interest thereon, from the date such sums were paid or incurred, at the annual rate equal to 12% per annum or the highest rate permitted by law (the “Default Rate”), whichever is less, shall be payable to Landlord on demand as Additional Rent. Nothing herein shall be construed to create or impose a duty on Landlord to mitigate any damages resulting from Tenant’s Default hereunder.

  • Assignment by Lessee Lessee may transfer or assign its rights and obligations under this Agreement without the consent of Operator but shall deliver to Operator written notice of such transfer or assignment not less than ten (10) days prior to the effective date thereof; provided, however, in the event of the assignment of this Agreement to a party that is not an Affiliate, Operator shall have the right to terminate this Agreement within 15 days after receipt of written notice of such assignment, which termination will be effective within 30 days of Lessee’s receipt of such termination notice. Any transfer or assignment of this Agreement by Lessee shall include an express assumption by the transferee or assignee of Lessee’s obligations hereunder. Nothing herein shall be deemed to require Lessee to assign or attempt to assign this Agreement to any third party, including any buyer of a Hotel.

  • Assignment by Lessor The terms and conditions of each Schedule have been fixed by Lessor in order to permit Lessor to sell and/or assign or transfer its interest or grant a security interest in each Schedule and/or the Equipment to a Secured Party or Assignee. In that event, the term Lessor will mean the Assignee and any Secured Party. However, any assignment, sale, or other transfer by Lessor will not relieve Lessor of its obligations to Lessee and will not materially change Lessee's duties or materially increase the burdens or risks imposed on Lessee. The Lessee consents to and will acknowledge such assignments in a written notice given to Lessee. Lessee also agrees that: (a) The Secured Party will be entitled to exercise all of Lessor's rights, but will not be obligated to perform any of the obligations of Lessor. The Secured Party will not disturb Lessee's quiet and peaceful possession and unrestricted use of the Equipment so long as Lessee is not in default and the Secured Party continues to receive all Rent payable under the Schedule; and (b) Lessee will pay all Rent and all other amounts payable to the Secured Party, despite any defense or claim which it has against Lessor. Lessee reserves its right to have recourse directly against Lessor for any defense or claim; (c) Subject to and without impairment of Lessee's leasehold rights in the Equipment, Lessee holds the Equipment for the Secured Party to the extent of the Secured Party's rights in that Equipment.

  • Maintenance by Landlord Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Further, in multiple occupancy buildings, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance and the care for the grounds around the Building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. Such share shall include a management fee equal to five percent (5%) of the Rent for each Lease Year, administrative and accounting costs, and a/5// reserve for asphalt, roof repairs and repainting.

  • Services by Landlord As long as Tenant is not in default hereunder, Landlord agrees to furnish those services and utilities to the Premises, which are customarily provided to tenants in comparable suburban office buildings located in the West Fort Worth area, and which shall specifically include the services listed on Exhibit “G” (attached hereto and made a part hereof for all purposes). All of such services shall be provided at Landlord’s cost and expense during Normal Business Hours except as specifically provided to the contrary elsewhere in this Lease. Services provided at times other than during Normal Business Hours shall be at Tenant’s cost and expense, with such charges to be established by Landlord, in Landlord’s sole discretion, and reimbursed to Landlord on demand. Failure to any extent to furnish or any stoppage of said utilities and services resulting from any cause whatsoever (a “Service Failure”) shall not render Landlord liable in any respect for damages to either person, property or business, nor be construed as an eviction of Tenant, nor entitle Tenant to any abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement contained herein. Should any malfunction of the Building improvements or facilities (which by definition do not include any improvements or facilities of Tenant besides Building standard improvements) occur for any reason (a “Malfunction”), Landlord shall use reasonable diligence to repair same promptly, but Tenant shall have no claim for rebate or abatement of rent or damages on account of such Malfunction or of any Service Failure occasioned thereby or resulting therefrom. Any provision herein to the contrary notwithstanding, if a Malfunction or Service Failure results in the Premises or any material portion thereof not being reasonably usable by Tenant for its business purpose (“Untenantable”) (unless the Service Failure is caused by a fire or other casualty, in which event Paragraph 22 hereof controls) and same remains uncured for a total of 5 consecutive days after Landlord’s receipt of Tenant’s written notice of the Malfunction or Service Failure, Tenant shall have the following rights and remedies: (a) Effective on the first day after the 5th consecutive day following such Malfunction or Service Failure, Tenant shall be entitled to an equitable abatement of Base Rental and Additional Rental commensurate to that portion of the Premises rendered Untenantable by the Malfunction or Service Failure calculated on a per square foot basis and ending at the time the Premises are again suitable for use by Tenant for its intended purposes.

  • ACCESS BY LANDLORD Under the terms of this Lease, access to the Property by Landlord may be undertaken as follows: A. The Tenant shall not unreasonably withhold consent to the Landlord to enter the dwelling unit from time to time in order to inspect the Property; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors. B. Landlord may enter the dwelling unit at any time for the protection or preservation of the Property. Landlord may enter the dwelling unit upon reasonable notice to the Tenant and at a reasonable time for the purpose of repair of the Property. 'Reasonable notice' for the purpose of repair is notice given at least 24 hours prior to the entry, and reasonable time for the purpose of repair shall be between the hours of 7:30 a.m. and 8:00 p.m. Landlord may enter the dwelling unit when necessary for the further purposes set forth above under any of the following circumstances: a. With the consent of the Tenant b. In case of emergency c. When the Tenant unreasonably withholds consent d. If the Tenant is absent from the Property for a period of time equal to one-half the time for periodic rental payments. If the Rent is current and the Tenant notifies Landlord of an intended absence, then the Landlord may enter only with the consent of the Tenant or for the protection or preservation of the Property. C. The Landlord shall not abuse the right of access nor use it to harass the Tenant.

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