Common use of Further Remedies of Lessor Clause in Contracts

Further Remedies of Lessor. In the Event of Default as above set forth in Paragraph 18, Lessor, or anyone acting on Lessor’s behalf, at Lessor’s option: a. May let said Demised Premises or any part or parts thereof to such person or persons as may, in Lessor’s discretion, be best; and Lessee shall be liable for any loss of rent for the balance of the then current term. Any such re-entry or re-letting by Lessor under the terms hereof shall be without prejudice to Lessor’s claim for actual damages, and shall under no circumstances, release Lessee from liability for any damages arising out of Lessee’s breach of any of the covenants, terms, and conditions of this Lease. Upon recovering possession of the Demised Premises by reason of or based upon or arising out of a default on the part of Lessee, Lessor may, at Lessor’s option, make such alterations and repairs as may be necessary in order to re-let the Demised Premises or any part of parts thereof, either in Lessor’s name or otherwise, for a term or terms which may at Lessor’s option be less than or exceed the period which would otherwise have constituted the balance of the Term of this Lease and at such rent or rents and to such person or persons and upon such other terms and conditions as Lessor in Lessor’s sole discretion may deem advisable. Lessor shall have no duty to re-let. No such re-entry or taking possession of the Demised Premises or the making of alterations and/or improvements thereto or the reletting thereof shall be construed as an election on the part of Lessor to terminate this Lease or an acceptance of any “surrender” unless written notice of such intention be given to Lessee. Lessor shall in no event be liable in any way whatsoever for failure to relet the Demised Premises or, in the event that the Demised Premises or any part or parts thereof are re-let, for failure to collect the rent thereof under such reletting; No reentry or repossession of the Demised Premises by Lessor shall (A) relieve Lessee of its obligation to pay the Rent in arrears as of the time of entry or which becomes due subsequent to reentry, (B) constitute an acceptance of a surrender by Lessee, (C) be construed as an election by Lessor to terminate this Lease, unless Lessor terminates this Lease as set forth herein, or (D) preclude Lessor from terminating this Lease for any other default; b. May have and exercise any and all other rights and/or remedies, granted or allowed landlords by any existing or future Statute, Act of Assembly, or other law of this state in cases where a landlord seeks to enforce rights arising under a lease agreement against a tenant who has defaulted or otherwise breached the terms of such lease agreement; subject, however, to all of the rights granted or created by any such Statute, Act of Assembly, or other law of this state existing for the protection and benefit of Lessees; and c. May have and exercise any and all other rights and remedies contained in this Lease Agreement, including the rights and remedies provided by Paragraph 20 hereof, or are otherwise available at law or in equity.

Appears in 2 contracts

Samples: Lease Agreement (Tengion Inc), Lease Agreement (Tengion Inc)

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Further Remedies of Lessor. In the Event event of Default any default as above set forth in Paragraph 18Section 14, the Lessor, or anyone acting on Lessor’s 's behalf, at Lessor’s 's option: a. May let (a) may without notice or demand enter the demised premises, breaking open locked doors if necessary to effect entrance, without liability to action for prosecution or damages for such entry or for the manner thereof, for the purpose of distraining or levying and for any other purposes, and take possession of and sell all goods and chattels at auction, on three days' notice served in person on the Lessee or left on the premises, and pay the said Demised Premises Lessor out of the proceeds, and even if the rent be not due and unpaid, should the Lessee at any time remove or attempt to remove goods and chattels from the premises without leaving enough thereon to meet the next periodical payment, Lessee authorizes the Lessor to follow for a period of ninety days after such removal, take possession of and sell at auction, upon like notice, sufficient of such goods to meet the proportion of rent accrued at the time of such removal; and the Lessee hereby releases and discharges the Lessor, and his agents, from all claims, actions, suits, damages, and penalties, for or by reason or on account of any entry, distrain, levy, appraisement or sale; and/or (b) may enter the premises, and without demand proceed by distress and sale of the goods there found to levy the rent and/or other charges herein payable as rent, and all costs and officers' commissions, including watchmen's wages and sums chargeable to Lessor, and further including a sum equal to 5% of the amount of the levy as commissions to the constable or other person making the levy, shall be paid by the Lessee, and in such case all costs, officers' commission and other charges shall immediately attach and become part of the claim of Lessor for rent, and any tender of rent without said costs, commission and charges made after the issue of a warrant of distress shall not be sufficient to satisfy the claim of the Lessor. Lessee hereby expressly waives in favor of Lessor the benefit of all laws now made or which may hereafter be made regarding any limitation as to the goods upon which, or the time within which, distress is to be made after removal of goods, and further relieves the Lessor of the obligations of proving or identifying such goods, it being the purpose and intent of this provision that all goods of Lessee, whether upon the demised premises or not, shall be liable to distress for rent. Lessee waives in favor of Lessor all rights under the Act of Assembly of April 6, 1951, P.L. 69, and all supplements and amendments thereto that have been or may hereafter be passed, and authorizes the sale of any goods distrained for rent at any time after five days from said distraint without any appraisement and/or condemnation thereof. (c) The Lessee further waives the right to issue a Writ of Replevin under the Pennsylvania Rules of Civil Procedure, No. 1071 &c. and Laws of the Commonwealth of Pennsylvania, or under any other law previously enacted and now in force, or which may be hereafter enacted, for the recovery of any articles, household goods, furniture, etc., seized under a distress for rent or levy upon an execution for rent, damages or otherwise; all waivers hereinbefore mentioned are hereby extended to apply to any such action; and/or (d) may lease said premises or any part or parts thereof to such person or persons as may, may in Lessor’s discretion, be best; 's discretion seem best and the Lessee shall be liable for any loss of rent for the balance of the then current term. Any such re-entry or re-letting by Lessor under the terms hereof shall be without prejudice to Lessor’s claim for actual damages, and shall under no circumstances, release Lessee from liability for any damages arising out of Lessee’s breach of any of the covenants, terms, and conditions of this Lease. Upon recovering possession of the Demised Premises by reason of or based upon or arising out of a default on the part of Lessee, Lessor may, at Lessor’s option, make such alterations and repairs as may be necessary in order to re-let the Demised Premises or any part of parts thereof, either in Lessor’s name or otherwise, for a term or terms which may at Lessor’s option be less than or exceed the period which would otherwise have constituted the balance of the Term of this Lease and at such rent or rents and to such person or persons and upon such other terms and conditions as Lessor in Lessor’s sole discretion may deem advisable. Lessor shall have no duty to re-let. No such re-entry or taking possession of the Demised Premises or the making of alterations and/or improvements thereto or the reletting thereof shall be construed as an election on the part of Lessor to terminate this Lease or an acceptance of any “surrender” unless written notice of such intention be given to Lessee. Lessor shall in no event be liable in any way whatsoever for failure to relet the Demised Premises or, in the event that the Demised Premises or any part or parts thereof are re-let, for failure to collect the rent thereof under such reletting; No reentry or repossession of the Demised Premises by Lessor shall (A) relieve Lessee of its obligation to pay the Rent in arrears as of the time of entry or which becomes due subsequent to reentry, (B) constitute an acceptance of a surrender by Lessee, (C) be construed as an election by Lessor to terminate this Lease, unless Lessor terminates this Lease as set forth herein, or (D) preclude Lessor from terminating this Lease for any other default; b. May have and exercise any and all other rights and/or remedies, granted or allowed landlords by any existing or future Statute, Act of Assembly, or other law of this state in cases where a landlord seeks to enforce rights arising under a lease agreement against a tenant who has defaulted or otherwise breached the terms of such lease agreement; subject, however, to all of the rights granted or created by any such Statute, Act of Assembly, or other law of this state existing for the protection and benefit of Lessees; and c. May have and exercise any and all other rights and remedies contained in this Lease Agreement, including the rights and remedies provided by Paragraph 20 hereof, or are otherwise available at law or in equity.

Appears in 1 contract

Samples: Lease Agreement (Regent Bancshares Corp)

Further Remedies of Lessor. In the Event event of Default any default as above set forth in Paragraph 1830, Lessor, Lessor or anyone acting on Lessor’s 's behalf, at Lessor’s 's option: a. (a) May let said rent the Demised Premises or any part or parts thereof to such person or persons for such term or terms (which may be for a term extending beyond the term of this Lease Agreement), and at such rentals as may, in Lessor’s 's discretion, be best; and Lessee shall be liable for any loss of rent for the balance of the then current term. Any such re-entry or re-letting of rerenting by Lessor under the terms hereof shall be without prejudice to Lessor’s 's claim for actual damages, and shall under no circumstances, release Lessee from liability for any such damages arising out of Lessee’s the breach of any of the covenants, terms, and conditions of this Lease. Upon recovering possession Lease Agreement; and (i) With respect to any portion of the Demised Premises which is vacant or which is physically occupied by reason Lessee, may remove all persons and property therefrom, and store such property in a public warehouse or elsewhere at the cost of or based upon or arising out of a default on and for the part account of Lessee, Lessor mayor may change the locks on any doors or windows to the Demised Premises and allow such property to stand as is and where is, at Lessor’s option, make such alterations without service or notice or resort to legal process (all of which Lessee expressly waives) and repairs as without being deemed guilty of trespass or becoming liable for any loss or damage which may be necessary occasioned thereby. Lessor shall have a lien for the payment of all sums agreed to be paid by Lessee herein upon all Lessee's property, which lien is to be in order addition to re-let any of Lessor's liens now or hereafter provided by law; and (ii) may enter the Demised Premises, and without demand proceed by distress and sale of the goods there found to levy the rent and/or the charges herein payable as rent, and all costs and officers' commissions, including watchmen's wages and sums chargeable to Lessor, and further including a sum equal to five percent of the amount of the levy as commissions to the constable or other person making the levy, shall be paid by Lessee, and in such case all costs, officers' commissions and other charges shall immediately attach and become part of the claim of Lessor for rent, and any tender of rent without the costs, commissions and charges made after the issue of a warrant of distress shall not be sufficient to satisfy the claim of Lessor. Lessee hereby expressly waives in favor of Lessor the benefit of all laws now made or which may hereafter be made regarding any limitation as to the goods upon which, or the time within which, distress is to be made after removal of goods and further relieves Lessor of the obligations of proving or identifying such goods, it being the purpose and intent of this provision that all goods of Lessee, whether upon the Demised Premises or any part of parts thereofnot, either in Lessor’s name or otherwise, shall be liable to distress for rent; and (c) May proceed as a term or terms which may at Lessor’s option be less than or exceed secured party under the period which would otherwise have constituted the balance provisions of the Term of this Lease and at such rent or rents and to such person or persons and upon such other terms and conditions as Uniform Commercial Code against the goods in which Lessor in Lessor’s sole discretion may deem advisable. Lessor shall have no duty to re-let. No such re-entry or taking possession of the Demised Premises or the making of alterations and/or improvements thereto or the reletting thereof shall be construed as an election on the part of Lessor to terminate this Lease or an acceptance of any “surrender” unless written notice of such intention be given to Lessee. Lessor shall in no event be liable in any way whatsoever for failure to relet the Demised Premises or, in the event that the Demised Premises or any part or parts thereof are re-let, for failure to collect the rent thereof under such relettinghas been granted a security interest; No reentry or repossession of the Demised Premises by Lessor shall and (Ad) relieve Lessee of its obligation to pay the Rent in arrears as of the time of entry or which becomes due subsequent to reentry, (B) constitute an acceptance of a surrender by Lessee, (C) be construed as an election by Lessor to terminate this Lease, unless Lessor terminates this Lease as set forth herein, or (D) preclude Lessor from terminating this Lease for any other default; b. May have and an exercise any and all other rights and/or remedies, ; granted or allowed landlords by any existing or future Statute, Act of Assembly, or other law of this state in cases where a landlord seeks to enforce rights arising under a lease agreement against a tenant who has defaulted or otherwise breached the terms of such lease agreement; subject, however, to all of the rights granted or created by any such Statute, Act of Assembly, or other law of this state existing for the protection and benefit benefits of Lesseestenants; and c. (e) May have and exercise any and all other rights and remedies contained in this Lease Agreement; (f) If Lessee is late with any payment due under this Lease Agreement, in addition to any other remedies available to Lessor, Lessor shall have the right to collect a service charge computed at the rate of five percent per month to be imposed for each month or portion of a month in which the delinquency continues until the account is made current by Lessee; and (g) Lessee does hereby irrevocably authorize and empower the Prothonotary or any attorney of any court of record within the United States or elsewhere to appear for the Lessee, and confess a judgment or judgments against Lessee in favor of Lessor at any time and from time to time after Lessee's default under said Lease in an amount equal to all amounts due by Lessee to Lessor under the Lease (including without limitation all rent accelerations), with 10% added for collection fees and with costs of suit with release of all errors and without stay of execution and inquisition. Extension upon any levy on real estate is hereby waived and condemnation agreed to and the rights exemption of all property from levy and remedies provided sale on any execution thereon is waived, and no benefit of exemption shall be claimed under or by Paragraph 20 hereofvirtue of any laws now or hereafter enacted. The authority herein granted to confess judgment shall not be exhausted by any exercise thereof but shall continue from time to time and at all times until full payment of all amounts due from Lessee to Lessor under the Lease. If a true copy of this instrument shall be filed in any action, it shall not be necessary to file the original as a warrant of attorney and any statute or are otherwise available at law or in equityrule of court to the contrary is hereby expressly waived.

Appears in 1 contract

Samples: Commercial Lease Agreement (Healthaxis Inc)

Further Remedies of Lessor. In the Event event of Default any default as above set forth in Paragraph 18Section 14, the Lessor, or anyone acting on Lessor’s 's behalf, at Lessor’s 's option: a. May let : (a) may without notice or demand enter the demised premises, breaking open locked doors if necessary to effect entrance, without liability to action for prosecution or damages for such entry or for the manner thereof, for the purpose of distraining or levying and for any other purposes, and take posses- sion of and sell all goods and chattels at auction, on three days' notice served in person on the Lessee or left on the premises, and pay the said Demised Premises Lessor out of the proceeds, and even if the rent be not due and unpaid, should the Lessee at any time remove or any part or parts thereof attempt to remove goods and chattels from the premises without leaving enough thereon to meet the next periodical payment, Lessee authorizes the Lessor to follow for a period of ninety days after such person or persons as mayremoval, in Lessor’s discretiontake possession of and sell at auction, be bestupon like notice, sufficient of such goods to meet the proportion of rent accrued at the time of such removal; and the Lessee hereby releases and discharges the Lessor, and his agents, from all claims, actions, suits, damages, and penalties, for or by reason or on account of any entry, distraint, levy, appraisement or sale; and/or (b) may enter the premises, and without demand proceed by distress and sale of the goods there found to levy the rent and/or other charges herein payable as rent, and all costs and officers' commissions, including watchmen's wages and sums chargeable to Lessor, and further including a sum equal to 5% of the amount of the levy as commissions to the constable or other person making the levy, shall be paid by the Lessee, and in such case all costs, officers' commission and other charges shall immediately attach and become part of the claim of Lessor for rent, and any tender of rent without said costs, commission and charges made after the issue of a warrant of distress shall not be sufficient to satisfy the claim of the Lessor. Lessee hereby expressly waives in favor of Lessor the benefit of all laws now made or which may hereafter be made regarding any limitation as to the goods upon which, or the time within which, distress is to be made after removal of goods, and further relieves the Lessor of the obligations of proving or identifying such goods, it being the purpose and intent of this provision that all goods of Lessee, whether upon the demised premises or not, shall be liable to distress for any loss rent. Lessee waives in favor of rent for the balance of the then current term. Any such re-entry or re-letting by Lessor all rights under the terms hereof shall be without prejudice to Lessor’s claim for actual damagesAct of Assembly of April 6, 1951, P. L. 69, and shall under no circumstancesall supplements and amendments thereto that have been or may hereafter be passed, release Lessee from liability for any damages arising out of Lessee’s breach and authorizes the sale of any of the covenants, terms, and conditions of this Lease. Upon recovering possession of the Demised Premises by reason of or based upon or arising out of a default on the part of Lessee, Lessor may, goods distrained for rent at Lessor’s option, make such alterations and repairs as may be necessary in order to re-let the Demised Premises or any part of parts time after five days from said distraint without any appraisement and/or condemnation thereof, either in Lessor’s name or otherwise, for a term or terms which may at Lessor’s option be less than or exceed the period which would otherwise have constituted the balance of the Term of this Lease and at such rent or rents and to such person or persons and upon such other terms and conditions as Lessor in Lessor’s sole discretion may deem advisable. Lessor shall have no duty to re-let. No such re-entry or taking possession of the Demised Premises or the making of alterations and/or improvements thereto or the reletting thereof shall be construed as an election on the part of Lessor to terminate this Lease or an acceptance of any “surrender” unless written notice of such intention be given to Lessee. Lessor shall in no event be liable in any way whatsoever for failure to relet the Demised Premises or, in the event that the Demised Premises or any part or parts thereof are re-let, for failure to collect the rent thereof under such reletting; No reentry or repossession of the Demised Premises by Lessor shall (A) relieve Lessee of its obligation to pay the Rent in arrears as of the time of entry or which becomes due subsequent to reentry, (B) constitute an acceptance of a surrender by Lessee, (C) be construed as an election by Lessor to terminate this Lease, unless Lessor terminates this Lease as set forth herein, or (D) preclude Lessor from terminating this Lease for any other default; b. May have and exercise any and all other rights and/or remedies, granted or allowed landlords by any existing or future Statute, Act of Assembly, or other law of this state in cases where a landlord seeks to enforce rights arising under a lease agreement against a tenant who has defaulted or otherwise breached the terms of such lease agreement; subject, however, to all of the rights granted or created by any such Statute, Act of Assembly, or other law of this state existing for the protection and benefit of Lessees; and c. May have and exercise any and all other rights and remedies contained in this Lease Agreement, including the rights and remedies provided by Paragraph 20 hereof, or are otherwise available at law or in equity.

Appears in 1 contract

Samples: Lease Agreement (Patient Infosystems Inc)

Further Remedies of Lessor. In the Event event of Default any default as above set forth in Paragraph 18Section 18 and provided that the default complained of is not remedied within appropriate time periods, then Lessor, or anyone acting on Lessor’s 's behalf, at Lessor’s 's option: a. (a) May let said Demised Premises premises or any part or parts thereof to such person or persons as may, in Lessor’s 's discretion, be best; and Lessee shall be liable for any loss of rent for the balance of the then current term. Any such re-entry or re-letting by Lessor under the terms hereof shall be without prejudice to Lessor’s 's claim for actual damages, and shall under no circumstances, release Lessee from liability for any such damages arising out of Lessee’s the breach of any of the covenants, terms, and conditions of this Lease. Upon recovering possession lease. (b) May proceed as a secured party under the provisions of the Demised Premises by reason of or based upon or arising out of Uniform Commercial Code against the goods in which Lessor has been granted a default on the part of Lessee, Lessor may, at Lessor’s option, make such alterations and repairs as may be necessary in order security interest pursuant to re-let the Demised Premises or any part of parts thereof, either in Lessor’s name or otherwise, for a term or terms which may at Lessor’s option be less than or exceed the period which would otherwise have constituted the balance of the Term of this Lease and at such rent or rents and to such person or persons and upon such other terms and conditions as Lessor in Lessor’s sole discretion may deem advisable. Lessor shall have no duty to re-let. No such re-entry or taking possession of the Demised Premises or the making of alterations and/or improvements thereto or the reletting thereof shall be construed as an election on the part of Lessor to terminate this Lease or an acceptance of any “surrender” unless written notice of such intention be given to Lessee. Lessor shall in no event be liable in any way whatsoever for failure to relet the Demised Premises or, in the event that the Demised Premises or any part or parts thereof are re-let, for failure to collect the rent thereof under such relettingSection 17(f) hereof; No reentry or repossession of the Demised Premises by Lessor shall and (Ac) relieve Lessee of its obligation to pay the Rent in arrears as of the time of entry or which becomes due subsequent to reentry, (B) constitute an acceptance of a surrender by Lessee, (C) be construed as an election by Lessor to terminate this Lease, unless Lessor terminates this Lease as set forth herein, or (D) preclude Lessor from terminating this Lease for any other default; b. May have and exercise any and all other rights and/or remedies, granted or allowed landlords by any existing or future Statute, Act of Assembly, or other law of this state in cases where a landlord seeks to enforce rights arising under a lease agreement against a tenant who has defaulted or otherwise breached the terms of such lease agreement; subject, however, to all of the rights granted or created by any such Statute, Act of Assembly, or other law of this state existing for the protection and benefit of Lesseestenants; and c. (d) May have and exercise any and all other rights and remedies contained in this Lease Agreementlease agreement, including the rights and remedies provided by Paragraph Sections 20 hereofand 21 hereof 20. Confession of Judgment for Money - Lessee covenants and agrees that if the rent and/or any charges reserved in this lease as rent (including all accelerations of rent permissible under the provisions of this lease) shall remain unpaid five (5) business days after the same is required to be paid, then and in that event, Lessor may cause Judgment to be entered against Lessee, and for that purpose Lessee hereby authorizes and empowers Lessor or any Prothonotary, Clerk of Court or Attorney of any Court of Record to appear for and confess judgment against Less and agrees that Lessor may commence an action pursuant to Pennsylvania Rules of Civil Procedure No. 2950 et seq. For the recovery from Lessee of all rent hereunder (including all accelerations of rent permissible under the provisions of this lease) and/or for all charges reserved hereunder as rent as well as for interest and costs and Attorney's commission, for which authorization to confess judgment, this lease, or are otherwise available at law a true and correct copy thereof, shall be sufficient warrant. Such Judgment may be confessed against Lessee for the amount of rent in arrears (including all accelerations of rent permissible under the provisions of this lease) and/or for all charges reserved hereunder as rent, as well as for interest and costs; together with an attorney's commission of five percent (5%) of the full amount of Lessor's claim against Lessee. Neither the right to institute an action pursuant to Pennsylvania Rules of Civil Procedure No. 2950 et seq. nor the authority to confess judgment granted herein shall be exhausted by one or in equitymore exercises thereof, but successive complaints may be filed and successive judgments may be entered for the aforedescribed sums five (5) business days or more after they become due as well as after the expiration of the original term and/or during or after expiration of any extension or renewal of this lease.

Appears in 1 contract

Samples: Lease Agreement (Nocopi Technologies Inc/Md/)

Further Remedies of Lessor. In the Event event of Default any default as above set forth in Paragraph 18Section 14, the Lessor, or anyone acting on Lessor’s 's behalf, . at Lessor’s 's option: a. (a) may without notice or demand enter the demised premises, breaking open locked doors if necessary to effect entrance, without liability to action for prosecution or damages for such entry or for the manner thereof, for the purpose of distraining or levying and for any other purposes, and take possession of and sell all goods and chattels at auction, on three days' notice served in person on the Lessee or left on the premises, and pay the said Lessor out of the proceeds, and even if the rent be not due and unpaid, should the Lessee at any time remove or attempt to remove goods and chattels from the premises without leaving enough thereon to meet the next periodical payment, Lessee authorizes the Lessor to follow for a period of ninety days after such removal; take possession of and sell at auction, upon like notice, sufficient of such goods to meet the proportion of rent accrued at the time of such removal; and the Lessee hereby releases and discharges the Lessor, and his agents, from all claims, actions, suits, damages, and penalties, for or by reason or on account of any entry, distraint, levy, appraisement or sale; and/or (b) may enter the premises, and without demand proceed by distress and sale of the goods there found to levy the rent and/or other charges herein payable as rent, and all costs and officers' commissions, including watchmen's wages and sums chargeable to Lessor, and further including a sum equal to 5% of the amount of the levy as commissions to the constable or other person making the levy, shall be paid by the Lessee, and in such case all costs, officers' commission and other charges shall immediately attach and become part of the claim of Lessor for rent, and any tender of rent without said costs, commission and charges made after the issue of a warrant of distress shall not be sufficient to satisfy the claim of the Lessor. Lessee hereby expressly waives in favor of Lessor the benefit of all laws now made or which may hereafter be made regarding any limitation as to the goods upon which, or the time within which, distress is to be made after removal of goods, and further relieves the Lessor of the obligations of proving or identifying such goods, it being the purpose and intent of this provision that all goods of Lessee, whether upon the demised premises or not, shall be liable to distress for rent. Lessee waives in favor of Lessor all rights under the Act of Assembly of April 6, 1951, P.L. 69, and all supplements and amendments thereto that have been or may hereafter be passed, and authorizes the sale of any goods distrained for rent at any time after five days from said distraint without any appraisement and/or condemnation thereof. (c) The Lessee further waives the right to issue a Writ of Replevin under the Pennsylvania Rules of Civil Procedure, No. 1071 &c. and Laws of the Commonwealth of Pennsylvania, or under any other law previously enacted and now in force, or which may be hereafter enacted, for the recovery of any articles, household goods, furniture, etc., seized under a distress for rent or levy upon an execution for rent, damages or otherwise; all waivers hereinbefore mentioned are hereby extended to apply to any such action; and/or (d) May let lease said Demised Premises premises or any part or parts thereof to such person or persons as may, may in Lessor’s discretion, be best; 's discretion seem best and the Lessee shall be liable for any loss of rent for the balance of the then current term. Any such re-entry or re-letting by Lessor under the terms hereof shall be without prejudice to Lessor’s claim for actual damages, and shall under no circumstances, release Lessee from liability for any damages arising out of Lessee’s breach of any of the covenants, terms, and conditions of this Lease. Upon recovering possession of the Demised Premises by reason of or based upon or arising out of a default on the part of Lessee, Lessor may, at Lessor’s option, make such alterations and repairs as may be necessary in order to re-let the Demised Premises or any part of parts thereof, either in Lessor’s name or otherwise, for a term or terms which may at Lessor’s option be less than or exceed the period which would otherwise have constituted the balance of the Term of this Lease and at such rent or rents and to such person or persons and upon such other terms and conditions as Lessor in Lessor’s sole discretion may deem advisable. Lessor shall have no duty to re-let. No such re-entry or taking possession of the Demised Premises or the making of alterations and/or improvements thereto or the reletting thereof shall be construed as an election on the part of Lessor to terminate this Lease or an acceptance of any “surrender” unless written notice of such intention be given to Lessee. Lessor shall in no event be liable in any way whatsoever for failure to relet the Demised Premises or, in the event that the Demised Premises or any part or parts thereof are re-let, for failure to collect the rent thereof under such reletting; No reentry or repossession of the Demised Premises by Lessor shall (A) relieve Lessee of its obligation to pay the Rent in arrears as of the time of entry or which becomes due subsequent to reentry, (B) constitute an acceptance of a surrender by Lessee, (C) be construed as an election by Lessor to terminate this Lease, unless Lessor terminates this Lease as set forth herein, or (D) preclude Lessor from terminating this Lease for any other default; b. May have and exercise any and all other rights and/or remedies, granted or allowed landlords by any existing or future Statute, Act of Assembly, or other law of this state in cases where a landlord seeks to enforce rights arising under a lease agreement against a tenant who has defaulted or otherwise breached the terms of such lease agreement; subject, however, to all of the rights granted or created by any such Statute, Act of Assembly, or other law of this state existing for the protection and benefit of Lessees; and c. May have and exercise any and all other rights and remedies contained in this Lease Agreement, including the rights and remedies provided by Paragraph 20 hereof, or are otherwise available at law or in equity.

Appears in 1 contract

Samples: Lease Agreement (Strategic Diagnostics Inc/De/)

Further Remedies of Lessor. In the Event event of Default any default as above set forth in Paragraph 18Section 10, the Lessor, or anyone acting on Lessor’s 's behalf, at Lessor’s 's option: a. (a) may without notice or demand enter the demised premises, breaking open locked doors if necessary to effect entrance, without liability to action for prosecution or damages for such entry or for its manner, for the purpose of distraining or levying and for any other purposes, and take possession of and sell all goods and chattels at auction, on ten (10) days' notice served in person on the Lessee, or left on the premises, and pay the Lessor out of the proceeds, and even if the rent is not due and unpaid, should the Lessee at any time remove or attempt to remove goods and chattels from the premises without leaving enough thereon to meet the next periodical payment, Lessee authorizes the Lessor to follow for a period of ninety days after such removal, take possession of and sell at auction, upon like notice, sufficient of such goods to meet the proportion of rent accrued at the time of such removal; and the Lessee hereby releases and discharges the Lessor, and his agents from all claims, actions, suits, damages and penalties, for or by reason or on account of any entry, distraint, levy, appraisement or sale; and/or (b) may enter the premises, and without demand proceed by distress and sale of the goods there found to levy the rent and/or other charges payable as rent, and all costs and officers' commissions, included watchmen's wages and sums chargeable to Lessor, and further including a sum equal to five percent of the amount of the levy as commissions to the constable or other person making the levy, shall be paid by the Lessee, and in such case all costs, officers' commission and other charges shall immediately attach and become part of the claim of Lessor for rent, and any tender of rent without the costs, commission and charges made after the issue of a warrant of distress shall not be sufficient to satisfy the claim of the Lessor. Lessee hereby expressly waives in favor of Lessor the benefit of all laws now made or which may hereafter be made regarding any limitation on the goods upon which, or the time within which, distress is to be made after removal of goods, and further relieves the Lessor of the obligations of proving or identifying such goods, it being the purpose and intent of this provision that all goods of Lessee, whether upon the demised premises or not, shall be liable to distress for rent. (c) Lessee waives in favor of Lessor all rights under the Pennsylvania Landlord and Tenant Act of 1951, as amended, and all supplements and amendments that have been or may hereafter be passed, and authorizes the sale of any goods distrained for rent at any time after ten (10) days from distraint without any appraisement. (d) May let said Demised Premises lease the premises or any part or parts thereof of it to such person or persons as may, may in Lessor’s discretion, be best; 's discretion seem best and the Lessee shall be liable for any loss of rent for the balance of the then current term. Any such re-entry or re-letting by Lessor under the terms hereof shall be without prejudice to Lessor’s claim for actual damages, and shall under no circumstances, release Lessee from liability for any damages arising out of Lessee’s breach of any of the covenants, terms, and conditions of this Lease. Upon recovering possession of the Demised Premises by reason of or based upon or arising out of a default on the part of Lessee, Lessor may, at Lessor’s option, make such alterations and repairs as may be necessary in order to re-let the Demised Premises or any part of parts thereof, either in Lessor’s name or otherwise, for a term or terms which may at Lessor’s option be less than or exceed the period which would otherwise have constituted the balance of the Term of this Lease and at such rent or rents and to such person or persons and upon such other terms and conditions as Lessor in Lessor’s sole discretion may deem advisable. Lessor shall have no duty to re-let. No such re-entry or taking possession of the Demised Premises or the making of alterations and/or improvements thereto or the reletting thereof shall be construed as an election on the part of Lessor to terminate this Lease or an acceptance of any “surrender” unless written notice of such intention be given to Lessee. Lessor shall in no event be liable in any way whatsoever for failure to relet the Demised Premises or, in the event that the Demised Premises or any part or parts thereof are re-let, for failure to collect the rent thereof under such reletting; No reentry or repossession of the Demised Premises by Lessor shall (A) relieve Lessee of its obligation to pay the Rent in arrears as of the time of entry or which becomes due subsequent to reentry, (B) constitute an acceptance of a surrender by Lessee, (C) be construed as an election by Lessor to terminate this Lease, unless Lessor terminates this Lease as set forth herein, or (D) preclude Lessor from terminating this Lease for any other default; b. May have and exercise any and all other rights and/or remedies, granted or allowed landlords by any existing or future Statute, Act of Assembly, or other law of this state in cases where a landlord seeks to enforce rights arising under a lease agreement against a tenant who has defaulted or otherwise breached the terms of such lease agreement; subject, however, to all of the rights granted or created by any such Statute, Act of Assembly, or other law of this state existing for the protection and benefit of Lessees; and c. May have and exercise any and all other rights and remedies contained in this Lease Agreement, including the rights and remedies provided by Paragraph 20 hereof, or are otherwise available at law or in equity.

Appears in 1 contract

Samples: Lease Agreement (Dataram Corp)

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Further Remedies of Lessor. In the Event event of Default any default as above set forth in Paragraph 1814, Lessor, or anyone acting on Lessor’s 's behalf, at Lessor’s 's option: a. May let (a) may without notice or demand enter the Premises, breaking open locked doors if necessary to effect entrance, without liability to action for prosecution or damages for such entry or for the manner thereof, for the purpose of distraining or levying and for any other purposes, and take possession of and sell all goods and chattels at auction, on three days' notice served in person on the Lessee or left on the Premises, and pay Lessor out of the proceeds all sums due. Even if the rent is not due at that time, should the Lessee at any time remove or attempt to remove goods and chattels from the Premises without leaving enough thereon to meet the next periodical payment, Lessee authorizes Lessor to pursue Lessee for a period of ninety days after such removal, take possession of and sell at auction, upon like notice, sufficient of such goods to meet the proportion of rent accrued at the time of such removal. Lessee hereby releases and discharges Lessor, and its agents, from all claims, actions, suits, damages, and penalties, for or by reason or on account of any entry, distraint, levy, appraisement or sale; and/or (b) may enter the Premises, and without demand proceed by distress and sale of the goods there found to levy the rent and/or other charges herein payable as rent, and all costs and officer's commissions, including watchmen's wages and sums chargeable to Lessor, and further including a sum equal to 5% of the amount of the levy as commissions to the constable or other person making the levy, shall be paid by the Lessee, and in such case all costs, officer's commission and other charges shall immediately attach and become part of the claim of Lessor for rent, and any tender of rent without said costs, commission and charges made after the issue of a warrant of distress shall not be sufficient to satisfy the claim of the Lessor. Lessee hereby expressly waives in favor of Lessor the benefit of all laws now made or which may hereafter be made regarding any limitation as to the goods upon which, or the time within which, distress is to be made after the removal of goods, and further relieves the Lessor of the obligations of proving or identifying such goods, it being the purpose and intent of this provision that all goods of Lessee, whether upon the Demised Premises or not, shall be liable to distress for rent. Lessee waives in favor of Lessor all rights under the Act of Assembly of April 6, 1951, P. L. 69, and all supplements and amendments thereto that have been or may hereafter be passed, and authorizes the sale of any goods distrained for rent at any time after five days from said distraint without any appraisement and/or condemnation thereof and Lessee also waives the right to issue a Writ of Replevin under the Pennsylvania Rules of Civil Procedure, No 1071 &c. and Laws of the Commonwealth of Pennsylvania, or under all other law previously enacted and now in force, or which may be hereafter enacted, for the recovery of any articles, household goods, furniture, etc. seized under a distress for rent or levy upon an execu- tion for rent, damages or otherwise; all waivers herein before mentioned are hereby extended to apply to any such action; and/or (c) may lease the Premises or any part or parts thereof to such person or persons as may, may in Lessor’s discretion, be best; 's discretion seem best and the Lessee shall be liable for any loss of rent for the balance of the then current term. Any such re-entry or re-letting by Lessor under the terms hereof shall be without prejudice to Lessor’s claim for actual damages, and shall under no circumstances, release Lessee from liability for any damages arising out of Lessee’s breach of any of the covenants, terms, and conditions of this Lease. Upon recovering possession of the Demised Premises by reason of or based upon or arising out of a default on the part of Lessee, Lessor may, at Lessor’s option, make such alterations and repairs as may be necessary in order to re-let the Demised Premises or any part of parts thereof, either in Lessor’s name or otherwise, for a term or terms which may at Lessor’s option be less than or exceed the period which would otherwise have constituted the balance of the Term of this Lease and at such rent or rents and to such person or persons and upon such other terms and conditions as Lessor in Lessor’s sole discretion may deem advisable. Lessor shall have no duty to re-let. No such re-entry or taking possession of the Demised Premises or the making of alterations and/or improvements thereto or the reletting thereof shall be construed as an election on the part of Lessor to terminate this Lease or an acceptance of any “surrender” unless written notice of such intention be given to Lessee. Lessor shall in no event be liable in any way whatsoever for failure to relet the Demised Premises or, in the event that the Demised Premises or any part or parts thereof are re-let, for failure to collect the rent thereof under such reletting; No reentry or repossession of the Demised Premises by Lessor shall (A) relieve Lessee of its obligation to pay the Rent in arrears as of the time of entry or which becomes due subsequent to reentry, (B) constitute an acceptance of a surrender by Lessee, (C) be construed as an election by Lessor to terminate this Lease, unless Lessor terminates this Lease as set forth herein, or (D) preclude Lessor from terminating this Lease for any other default; b. May have and exercise any and all other rights and/or remedies, granted or allowed landlords by any existing or future Statute, Act of Assembly, or other law of this state in cases where a landlord seeks to enforce rights arising under a lease agreement against a tenant who has defaulted or otherwise breached the terms of such lease agreement; subject, however, to all of the rights granted or created by any such Statute, Act of Assembly, or other law of this state existing for the protection and benefit of Lessees; and c. May have and exercise any and all other rights and remedies contained in this Lease Agreement, including the rights and remedies provided by Paragraph 20 hereof, or are otherwise available at law or in equity.

Appears in 1 contract

Samples: Lease Agreement (Biosonics Inc)

Further Remedies of Lessor. In the Event event of Default any default as above set forth in Paragraph 18Section 14, the Lessor, or anyone acting on Lessor’s 's behalf, at Lessor’s 's option: a. (A) may without notice or demand enter the demised premises, breaking open locked doors if necessary to effect entrance, without liability to action for prosecution or damages for such entry or for the manner thereof, for the purpose detraining or levying and for any other purposes, and take possession of and sell all goods and chattels at auction, on three day's notice served in person on the Lessee or left on the premises, and pay the said Lessor out of the proceeds, and even if the rent be not due and unpaid, should the Lessee at any time remove or attempt to remove goods and chattels from the premises without leaving enough thereon to meet the next periodical payment, Lessee authorizes the Lessor to follow for a period of ninety (90) days after such removal, take possession of and sell at auction, upon like notice, sufficient of such goods to meet the proportion of rent accrued at the time of such removal, and the Lessee hereby releases and discharges the Lessor, and his agents, from all claims, actions, suits, damages, and penalties, for or by reason or on account of any entry, distraint, levy, appraisement or sale; and/or (B) May let enter the premises, and without demand proceed by distress and sale of the goods there found to levy the rent and/or other charges herein payable as rent, and all costs and officers' commission, including watchmen's wages and sums chargeable to Lessor, and further including a sum equal to 5% of the amount of the levy as commissions to the constable or other person making the levy, shall be paid by the Lessee, and such case all costs, officers' commission and charges shall immediately attach and become part of the claim of Lessor for rent, and any tender of rent without said Demised Premises costs, commission and charges made after the issue of a warrant of distress shall not be sufficient to satisfy the claim of the Lessor. Lessee hereby expressly waives in favor of Lessor the benefit of all laws now made or which may hereafter be made regarding any limitation as to his goods upon which, or the time within which, distress is to be made after removal of goods, and further relieves the Lessor of the obligations of proving or identifying such goods, it being the purpose and intent of this provision that all goods of Lessee, whether upon the demised premises or not, shall be liable to distress for rent. Lessee waives in favor of Lessor all rights under the Act of Assembly of April 6, 1951, P. L. 69, and all supplements and amendments thereto that have been or may hereafter be passed, and authorizes the sale of any good distrained for rent at any time after five (5) days from said distraint without any appraisement and/or condemnation thereof. (C) The Lessee further waives the right to issue a Writ of Replevin under the Pennsylvania Rules of Civil Procedure, No. 1071 &c. and Laws of the Commonwealth of Pennsylvania, or under any other law previously enacted and now in force, or which may be hereafter enacted, for the recovery of any articles, household good, furniture, etc., seized under a distress for rent or levy upon an execution for rent, damages or otherwise; all waivers hereinbefore mentioned are hereby extended to apply to any such action; and/or (D) may lease said premises or any part or parts thereof to such person or persons as may, may in Lessor’s discretion, be best; 's discretion seem best and the Lessee shall be liable for any loss of rent for the balance of the then current term. Any such re-entry or re-letting by Lessor under the terms hereof shall be without prejudice to Lessor’s claim for actual damages, and shall under no circumstances, release Lessee from liability for any damages arising out of Lessee’s breach of any of the covenants, terms, and conditions of this Lease. Upon recovering possession of the Demised Premises by reason of or based upon or arising out of a default on the part of Lessee, Lessor may, at Lessor’s option, make such alterations and repairs as may be necessary in order to re-let the Demised Premises or any part of parts thereof, either in Lessor’s name or otherwise, for a term or terms which may at Lessor’s option be less than or exceed the period which would otherwise have constituted the balance of the Term of this Lease and at such rent or rents and to such person or persons and upon such other terms and conditions as Lessor in Lessor’s sole discretion may deem advisable. Lessor shall have no duty to re-let. No such re-entry or taking possession of the Demised Premises or the making of alterations and/or improvements thereto or the reletting thereof shall be construed as an election on the part of Lessor to terminate this Lease or an acceptance of any “surrender” unless written notice of such intention be given to Lessee. Lessor shall in no event be liable in any way whatsoever for failure to relet the Demised Premises or, in the event that the Demised Premises or any part or parts thereof are re-let, for failure to collect the rent thereof under such reletting; No reentry or repossession of the Demised Premises by Lessor shall (A) relieve Lessee of its obligation to pay the Rent in arrears as of the time of entry or which becomes due subsequent to reentry, (B) constitute an acceptance of a surrender by Lessee, (C) be construed as an election by Lessor to terminate this Lease, unless Lessor terminates this Lease as set forth herein, or (D) preclude Lessor from terminating this Lease for any other default; b. May have and exercise any and all other rights and/or remedies, granted or allowed landlords by any existing or future Statute, Act of Assembly, or other law of this state in cases where a landlord seeks to enforce rights arising under a lease agreement against a tenant who has defaulted or otherwise breached the terms of such lease agreement; subject, however, to all of the rights granted or created by any such Statute, Act of Assembly, or other law of this state existing for the protection and benefit of Lessees; and c. May have and exercise any and all other rights and remedies contained in this Lease Agreement, including the rights and remedies provided by Paragraph 20 hereof, or are otherwise available at law or in equity.

Appears in 1 contract

Samples: Lease Agreement (Trimedia Entertainment Group Inc)

Further Remedies of Lessor. In the Event event of Default any default as above set forth in Paragraph 18Section 14, the Lessor, or anyone acting on Lessor’s 's behalf, at Lessor’s 's option: a. May let (a) may without notice or demand enter the demised premises, breaking open locked doors if necessary to effect entrance, without liability to action for prosecution or damages for such entry or for the a manner thereof, for the purpose of distraining or levying and for any other purposes, and take possession of and sell all goods and chattels at auction, on three days' notice served in person on the Lessee or left on the premises, and pay the said Demised Premises Lessor out of the proceeds, and even if the rent be not due and unpaid, should the Lessee at any time remove or attempt to remove goods and chattels from the premises without leaving enough thereon to meet the next periodical payment, Lessee authorizes the Lessor to follow for a period of ninety days after such removal, take possession of and sell at auction upon like notice, sufficient of such goods to meet the proportion of rent accrued at the time of such removal; and the Lessee hereby releases and discharges the Lessor, and his agents, from all claims, actions suits, damages and penalties, for or by reason or on account of any entry, distraint, levy, appraisement or sale; and/or (b) may enter the premises after forty five (45) days, and without demand proceed by distress and sale of the goods there found to levy the rent and/or other charges herein payable as rent, and all costs and officers' commissions, including watchmen's wages and sums chargeable to Lessor, and further including a sum equal to 5% of the amount of the levy as commissions to the constable or other person making the levy, shall be paid by the Lessee, and in such case all costs, officers' commission and other charges shall immediately attach and become part of the claim of Lessor for rent and any tender of rent without said costs, commission and charges made after the issue of a warrant of distress shall not be sufficient to satisfy the claim of the Lessor. Lessee hereby expressly waives in favor of any limitation as to the goods upon which, or the time within which, distress is to be made after removal of goods, and further relieves the Lessor of the obligation of proving or identifying such goods, it being the purpose and intent of this provision that all goods of Lessee, whether upon the demised premises or not, shall be liable to distress for rent. Lessee waives in favor of Lessor all right under the Act of assembly of April 6, 1951, P.L. 69, and all supplements and amendments thereto that have been or may hereafter be passed, and authorizes the sale of any goods distrained for rent at any time after five days from said distraint without any appraisement and/or condemnation thereof. (c) The Lessee further waives the right to issue a Writ of Replevin under the Pennsylvania Rules of Civil Procedure, No. 1071 &c and Laws of the Commonwealth of Pennsylvania, or under any other law previously enacted and now in force, or which may be hereafter enacted for the recovery of any articles, household good, furniture, etc., seized under a distress for rent or levy upon an execution for rent, damages or otherwise; all waivers hereinbefore mentioned are hereby extended to apply to any such action; and/or (d) may lease said premises or any part or parts thereof to such person or persons as may, my in Lessor’s discretion, be best; 's discretion seem best and the Lessor's discretion seem best and the Lessee shall be liable for any loss of rent for the balance of the then current term. Any such re-entry or re-letting by Lessor under the terms hereof shall be without prejudice to Lessor’s claim for actual damages, and shall under no circumstances, release Lessee from liability for any damages arising out of Lessee’s breach of any of the covenants, terms, and conditions of this Lease. Upon recovering possession of the Demised Premises by reason of or based upon or arising out of a default on the part of Lessee, Lessor may, at Lessor’s option, make such alterations and repairs as may be necessary in order to re-let the Demised Premises or any part of parts thereof, either in Lessor’s name or otherwise, for a term or terms which may at Lessor’s option be less than or exceed the period which would otherwise have constituted the balance of the Term of this Lease and at such rent or rents and to such person or persons and upon such other terms and conditions as Lessor in Lessor’s sole discretion may deem advisable. Lessor shall have no duty to re-let. No such re-entry or taking possession of the Demised Premises or the making of alterations and/or improvements thereto or the reletting thereof shall be construed as an election on the part of Lessor to terminate this Lease or an acceptance of any “surrender” unless written notice of such intention be given to Lessee. Lessor shall in no event be liable in any way whatsoever for failure to relet the Demised Premises or, in the event that the Demised Premises or any part or parts thereof are re-let, for failure to collect the rent thereof under such reletting; No reentry or repossession of the Demised Premises by Lessor shall (A) relieve Lessee of its obligation to pay the Rent in arrears as of the time of entry or which becomes due subsequent to reentry, (B) constitute an acceptance of a surrender by Lessee, (C) be construed as an election by Lessor to terminate this Lease, unless Lessor terminates this Lease as set forth herein, or (D) preclude Lessor from terminating this Lease for any other default; b. May have and exercise any and all other rights and/or remedies, granted or allowed landlords by any existing or future Statute, Act of Assembly, or other law of this state in cases where a landlord seeks to enforce rights arising under a lease agreement against a tenant who has defaulted or otherwise breached the terms of such lease agreement; subject, however, to all of the rights granted or created by any such Statute, Act of Assembly, or other law of this state existing for the protection and benefit of Lessees; and c. May have and exercise any and all other rights and remedies contained in this Lease Agreement, including the rights and remedies provided by Paragraph 20 hereof, or are otherwise available at law or in equity.

Appears in 1 contract

Samples: Lease Agreement (Thatlook Com Inc/Nv)

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