ENTRY AND FORFEITURE. 33.1 The Landlord may re-enter the Property (or any part of the Property in the name of the whole) at any time after any of the following occurs: (a) any rent is unpaid 28 days after becoming payable whether it has been formally demanded or not; (b) any breach of any condition of, or tenant covenant, in this lease ( but not of the Community Use and Management Agreement); PROVIDED THAT (without prejudice to the Landlord’s rights under this Lease): (i) The Landlord shall give notice to any mortgagee of the Tenant of whom the Landlord has consented pursuant to clause 17.1 before commencing any proceedings for forfeiture of this Lease or proceedings for possession of the Property; and (ii) If within a period of 30 days the mortgagee of the Tenant to whom the Landlord has given notice, indicates in writing to the Landlord that it wishes to remedy such breach and/or is going to take such action as may be necessary to resolve the problem complained of by the Landlord, the Landlord shall allow 30 days from the date of the mortgagee’s notice to the Landlord (or such longer time as may be reasonable in view of the nature and extent of the breach) to remedy such breach and take the action necessary to resolve such problem. 33.2 If the Landlord re-enters the Property (or any part of the Property in the name of the whole) pursuant to this clause, this lease shall immediately end, but without prejudice to any right or remedy of the Landlord in respect of any breach of covenant by the Tenant or any guarantor.
Appears in 2 contracts
Samples: Lease Agreement, Lease
ENTRY AND FORFEITURE. 33.1 The Landlord may re-enter the Property (or any part of the Property in the name of the whole) at any time after any of the following occurs:
(a) any rent is unpaid 28 days after becoming payable whether it has been formally demanded or not;
(b) any breach of any condition of, or tenant covenant, in this lease ( but not of the Community Use and Management Agreement)lease; PROVIDED THAT (without prejudice to the Landlord’s rights under this Lease):
(i) The Landlord shall give notice to any mortgagee of the Tenant of whom the Landlord has consented pursuant to clause 17.1 before commencing any proceedings for forfeiture of this Lease or proceedings for possession of the Property; and
(ii) If within a period of 30 days the mortgagee of the Tenant to whom the Landlord has given notice, indicates in writing to the Landlord that it wishes to remedy such breach and/or is going to take such action as may be necessary to resolve the problem complained of by the Landlord, the Landlord shall allow 30 days from the date of the mortgagee’s notice to the Landlord (or such longer time as may be reasonable in view of the nature and extent of the breach) to remedy such breach and take the action necessary to resolve such problem.
33.2 If the Landlord re-enters the Property (or any part of the Property in the name of the whole) pursuant to this clause, this lease shall immediately end, but without prejudice to any right or remedy of the Landlord in respect of any breach of covenant by the Tenant or any guarantor.
Appears in 2 contracts
Samples: Lease, Lease Agreement