Common use of Landlord's Remedies on Tenant's Default Clause in Contracts

Landlord's Remedies on Tenant's Default. In the event of any default by Tenant which is not cured by Tenant, Landlord can terminate this Lease by giving Tenant thirty (30) days notice of termination. The purpose of this notice requirement is to extend the notice requirement of the unlawful detainer statutes of California. On termination of the Lease for default pursuant to this paragraph, Landlord shall have the right to recover from Tenant only the following amounts for any and all damages which may be the direct or indirect result of such default: (a) The worth, at the time of the award, of the unpaid Rent that has been earned at the time of termination of this Lease; (b) The worth, at the time of the award, of the amount by which the unpaid Rent that would have been earned after the date of termination of this Lease until the time of award exceeds the amount of the loss of Rent that Landlord proves could not have been reasonably avoided; (c) The worth, at the time of the award, of the amount by which the unpaid Rent for the balance of the term after the time of award exceeds the amount of the loss of Rent that Landlord proves could not have been reasonably avoided; and (d) Any other amount, and court costs, necessary to compensate Landlord for all detriment proximately caused by Tenant's default which Landlord proves could not have been reasonably avoided. Landlord shall have the option provided in Civil Code section 1951.4, which provides that, when a tenant has the right to sublet or assign (subject to reasonable limitations), the landlord may continue the lease in effect after the tenant's breach and/or abandonment and recover rent as it becomes due. Accordingly, if Landlord does not elect to terminate the Lease on account of any default by Tenant, Landlord may enforce all of Landlord's rights and remedies under this Lease, including the right to recover all Rent as it becomes due. “The worth, at the time of the award, “ as used in “a” and “b” of this paragraph, is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge. “The worth, at the time of the award,” as referred to in “c” of this paragraph, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus one percent (1%).

Landlord's Remedies on Tenant's Default. In the event (a) Subject to Section 23.02(c), upon any one or more Events of any default by Tenant which is not cured Default by Tenant, Landlord can terminate may, at its option, at any time thereafter, give written notice to Tenant specifying the event or events of default and stating that this Lease by giving Tenant thirty shall expire and terminate on the date specified in the notice, which shall be at least ten (3010) days notice after the giving of termination. The purpose the notice. (b) Subject to Sections 7.02 and 7.03, upon termination of this notice requirement is to extend the notice requirement of the unlawful detainer statutes of California. On termination of the Lease for default pursuant to this paragraphSection, Landlord Tenant shall have quit and peacefully surrender the right Site to recover from Tenant only Landlord. Except as otherwise provided for herein, Landlord, upon, or at any time after, the following amounts for any and all damages which may be the direct expiration or indirect result of such default: (a) The worth, at the time of the award, of the unpaid Rent that has been earned at the time of termination of this Lease;, without additional notice and without prejudice to any other rights and remedies it shall have at law or in equity, may re-enter the Site and the Improvements, and remove from the Improvements, Tenant, its agents, employees, servants, licensees, and contractors and other related persons, firms or corporations and all or any of its or their property, either by summary dispossess proceedings or by any suitable action or proceeding at law or in equity, or otherwise, without being liable to indictment, prosecution or damages for such action, and may repossess and have, hold and enjoy the Site. (bc) The worthUpon Landlord’s termination of this Lease and subject to Sections 7.02 and 7.03, at Landlord’s re-entry of the Site and Improvements or dispossession of Tenant by summary proceedings or otherwise: the next due monthly installment of the annual Base Rent or prorated portion thereof, if applicable, shall become due and payable and be paid up to the time of such termination, re-entry, or dispossession; and Landlord at any time and from time to time may enter into a Lease with another party covering control over the awardSite and the Improvements part or parts thereof, either in the name of Landlord or otherwise, for a term or terms which may, at Landlord’s option, be less than or exceed the period which would otherwise have constituted the balance of the Term of this Lease and on such conditions, including, without limitation, alterations of the Site and the Improvements, as Landlord in its sole discretion may determine. If this Lease is terminated on account of the occurrence of an Event of Default by Tenant, Tenant will remain liable to Landlord for damages in an amount by which equal to the unpaid Base Rent and other amounts that would have been earned after the date of termination of this Lease until the time of award exceeds the amount of the loss of Rent that Landlord proves could not have been reasonably avoided; (c) The worth, at the time of the award, of the amount owing by which the unpaid Rent Tenant for the balance of the term after Term, had this Lease not been terminated, less the time net proceeds, if any, of award exceeds the amount any reletting of the loss Site by Landlord subsequent to such termination, after deducting all of Landlord’s expenses in connection with such reletting. Landlord will be entitled to collect such damages from Tenant on the days on which Base Rent that Landlord proves could not and other amounts would have been reasonably avoided; andpayable under this Lease if this Lease had not been terminated, and Landlord will be entitled to receive such Base Rent and other amounts from Tenant on each such day. (d) Any other amount, and court costs, necessary to compensate Landlord for all detriment proximately caused If there has been an Event of Default by Tenant's default which Landlord proves could not have been reasonably avoided. Landlord shall have the option provided in Civil Code section 1951.4, which provides that, when a tenant has the right to sublet or assign (subject to reasonable limitations), the landlord may continue the lease in effect after the tenant's breach and/or abandonment and recover rent as it becomes due. Accordingly, if Landlord does not elect to terminate the Lease on account of any default by Tenant, Landlord may enforce all of Landlord's rights and remedies Tenant under this Lease, including the right to recover all Rent as it becomes due. “The worthLandlord may, at its option, perform any of such obligations that Tenant failed to perform provided, however, that Landlord shall not take any steps to perform any such obligation during any cure period provided hereunder for Tenant to attempt to cure any such Event of Default. All costs and expenses reasonably paid or incurred by Landlord, including reasonable attorney’s fees, in the time performance of the awardTenant’s obligations under this Lease, “ as used in “a” and “b” of this paragraph, is to be computed by allowing together with interest at the maximum default interest rate defined in this Lease, shall constitute an individual is permitted by law to chargeexpense reimbursable under Section 4.01. “The worth, at the time Landlord’s exercise of the award,” as referred to in “c” its rights under this Section shall not constitute a waiver of this paragraph, is to be computed by discounting the amount at the discount rate any other rights or remedies Landlord may have because of the Federal Reserve Bank of San Francisco at the time of the award, plus one percent (1%)Tenant’s default.

Landlord's Remedies on Tenant's Default. In the event of any default by Tenant which is not cured by Tenant, Landlord can may terminate this Lease by giving Tenant thirty (30) days days’ notice of termination. The purpose of this notice requirement is to extend the notice requirement of the unlawful detainer statutes of California. On termination of the Lease for default pursuant to this paragraphSection 20.4, Landlord shall have the right to recover from Tenant only the following amounts for any and all damages which may be the direct or indirect result of such default: (a) The worth, at the time of the award, of the unpaid Rent that has been earned at the time of termination of this Lease; (b) The worth, at the time of the award, of the amount by which the unpaid Rent that would have been earned after the date of termination of this Lease until the time of award exceeds the amount of the loss of Rent that Landlord proves could not have been reasonably avoided; (c) The worth, at the time of the award, of the amount by which the unpaid Rent for the balance of the term after the time of award exceeds the amount of the loss of Rent that Landlord proves could not have been reasonably avoided; and (d) Any other amount, and court costs, necessary to compensate Landlord for all detriment proximately caused by Tenant's default which Landlord proves could not have been reasonably avoided. ; (e) Landlord shall have the option provided in Civil Code section 1951.4, which provides that, when a tenant has the right to sublet or assign (subject to reasonable limitations), the landlord may continue the lease in effect after the tenant's breach and/or and abandonment and recover rent as it becomes due. Accordingly, if Landlord does not elect to terminate the Lease on account of any default by Tenant, Landlord may enforce all of Landlord's rights and remedies under this Lease, including the right to recover all Rent as it becomes due. “"The worth, at the time of the award, “ ," as used in “"(a” )" and “"(b” )" of this paragraphSection 20.4 , is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge. “"The worth, at the time of the award,” " as referred to in “"(c” )" of this paragraphSection 20.4, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus one percent (1%).