Common use of FORFEITURE, DEFAULT OR CANCELLATION Clause in Contracts

FORFEITURE, DEFAULT OR CANCELLATION. LESSEE's FAILURE to comply with the provisions of this lease shall result at the option of LESSOR, in the cancellation of this lease within sixty (60) days after written notice of default is given if such default continues or if LESSEE has not commenced to cure same if such default is not curable within thirty (30) days. In the event of any such FORFEITURE, DEFAULT OR CANCELLATION of this lease or termination of the term as aforesaid, said LESSEE shall quit, deliver up and surrender possession of all lands which comprise SAID PROPERTY, and thereupon this lease and all agreements and covenants on LESSOR's behalf to be performed and kept, shall cease, terminate and be utterly void, the same as if the lease had not been made. In addition thereof, LESSOR shall be entitled to whatever remedies it may have at law or equity for the collection of any unpaid rental hereunder, or for any other sums, for damages or otherwise, that it may have sustained on account of LESSEE's nonfulfillment or nonperformance of the terms and conditions of this lease. Immediately upon the termination of this lease, whether by FORFEITURE, DEFAULT, or CANCELLATION, LESSOR shall be entitled to take possession of SAID PROPERTY, custom and usage to the contrary notwithstanding. If LESSEE declines or fails to remove structures and equipment occupying and erected upon the leased premises within one hundred twenty (120) days after expiration or termination of this lease, such structures and equipment will be deemed forfeited by LESSEE, and may be removed and/or sold by LESSOR after ten (10) days written notice by certified mail addressed to LESSEE.

Appears in 1 contract

Samples: Public Trust Tidelands Lease (President Casinos Inc)

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FORFEITURE, DEFAULT OR CANCELLATION. LESSEE's 'S FAILURE to comply with the material provisions of this lease shall result result, at the option of LESSOR, in the cancellation of this lease within sixty thirty (6030) days after written notice of default is given given; provided, however, that if such default continues or if at the end of said 30-day period LESSEE has not commenced is undertaking a diligent, good faith effort to cure same if such default or has notified LESSOR in writing that it is not curable within thirty presenting a good faith challenge regarding its failure to comply (other than failure to pay rent when due), the 30) days-day period may be extended as agreed between the parties. In the event of any such FORFEITURE, DEFAULT OR CANCELLATION of this lease or termination of the term as aforesaidterm, said LESSEE shall quit, deliver up and surrender possession of all lands which comprise SAID PROPERTY, and thereupon this lease and all agreements and covenants on LESSOR's 'S behalf to be performed and kept, shall cease, terminate and be utterly void, the same as if the lease had not been made. In addition thereof, LESSOR shall be entitled to whatever remedies it may have at law or equity for the collection of any unpaid rental hereunder, or for any other sums, for damages or otherwise, that it may have sustained on account of LESSEE's nonfulfillment or nonperformance of the terms and conditions of this leaseequity. Immediately upon the termination of this lease, whether by FORFEITURE, DEFAULT, or CANCELLATION, LESSOR shall be entitled to take possession of SAID PROPERTY, custom and usage to the contrary notwithstanding. If LESSEE declines or fails to remove the improvements, structures and equipment occupying and erected upon the leased premises within one hundred twenty eighty (120180) days after expiration or termination of this lease, such structures and equipment will be deemed forfeited by LESSEE, and may be removed and/or sold by LESSOR after ten (10) days written notice by certified mail addressed to LESSEE. Any costs incurred by LESSOR in the removal of such improvements, structures and equipment shall be paid for from the proceeds of sale of such improvements, structures and equipment. If funds derived from the sale of such improvements, structures and equipment are insufficient to pay costs of removal, LESSOR shall have, and is hereby granted, a lien upon the interest, if any, of LESSEE in adjacent uplands, enforceable in proceedings as provided by law.

Appears in 1 contract

Samples: Public Trust Tidelands Lease (Mirage Resorts Inc)

FORFEITURE, DEFAULT OR CANCELLATION. LESSEE's FAILURE to comply with the provisions of this lease shall result at the option of LESSOR, in the cancellation of this lease within sixty (60) days after written notice of default is given if such default continues or if LESSEE has not commenced to cure same if such default is not curable within thirty (30) days. In the event of any such FORFEITURE, DEFAULT OR CANCELLATION of this lease or termination of the term as aforesaid, said LESSEE shall quit, deliver up and surrender possession of all lands which comprise SAID PROPERTY, and thereupon this lease and all agreements and covenants on LESSOR's behalf to be performed and kept, shall cease, terminate and be utterly void, the same as if the lease had not been made. In addition thereof, LESSOR shall be entitled to whatever remedies it It may have at law or equity for the collection of any unpaid rental hereunder, or for any other sums, for damages or otherwise, that it may have sustained on account of LESSEE's 'S nonfulfillment or nonperformance of the terms and conditions of this lease. Immediately upon the termination of this lease, whether by FORFEITURE, DEFAULT, or CANCELLATION, LESSOR shall be entitled to take possession of SAID PROPERTY, custom and usage to the contrary notwithstanding. If LESSEE declines or fails to remove structures and equipment occupying and erected upon the leased premises within one hundred twenty ninety (12090) days after expiration or termination of this lease, such structures and equipment will be deemed forfeited by LESSEE, and may be removed and/or sold by LESSOR after ten (10) days written notice by certified mail addressed to LESSEE. Any costs incurred by LESSOR in removal of said structures and equipment shall be paid for from the proceeds of sale of such structures and equipment. If funds derived from sale of structures and equipment are insufficient to pay costs of removal, LESSOR shall have, and is hereby granted a lien upon the interest, if any, of LESSEE enforceable by law provided.

Appears in 1 contract

Samples: Public Trust Tidelands Lease (Hollywood Park Operating Co)

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FORFEITURE, DEFAULT OR CANCELLATION. LESSEE's FAILURE to comply with the provisions of this lease shall result at the option of LESSOR, in the cancellation of this lease within sixty (60) days after written notice of default is given if such default continues or if LESSEE has not commenced to cure same if such default is not curable within thirty (30) days. In the event of any such FORFEITURE, DEFAULT OR CANCELLATION of this lease or termination of the term as aforesaid, said LESSEE shall quit, deliver up and surrender possession of all submerged lands which comprise SAID PROPERTY, and thereupon this lease and all agreements agreement and covenants on LESSOR's 'S behalf to be performed and kept, shall cease, terminate and be utterly void, the same as if the lease had not been made. In addition thereof, LESSOR shall be entitled to whatever remedies it may have at law or equity for the collection of any unpaid rental hereunder, or for any other sums, for damages or otherwise, that it may have sustained on account of LESSEE's 'S nonfulfillment or nonperformance of the terms and conditions of this lease. Immediately upon the termination of this lease, whether by FORFEITURE, DEFAULT, or DEFAULT OR CANCELLATION, LESSOR shall be entitled to take possession of SAID PROPERTYPROPERTY absolutely, custom and usage custom, usage, or law to the contrary notwithstanding. If LESSEE declines or fails to remove structures and equipment occupying and erected upon the leased premises within one hundred twenty ninety (12090) days after expiration or termination of this lease, such structures and equipment will be deemed forfeited by LESSEE, and may be removed and/or sold by LESSOR after ten (10) days written notice by certified mail addressed to LESSEE. Any costs incurred by LESSOR in removal of said structures and equipment shall be paid for from the proceeds of sale of such structures and equipment. If funds derived from sale of structures and equipment are insufficient to pay costs of removal, LESSOR shall have, and is hereby granted a lien upon the interest, if any, of LESSEE enforceable by law provided.

Appears in 1 contract

Samples: Public Trust Tidelands Lease (President Casinos Inc)

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