Landlord’s Remedies Upon Default. Upon the occurrence of an Event of Default by Tenant, then Landlord shall be entitled to the following remedies:
(a) Terminate this Lease by giving written notice of termination to Tenant, in which event Tenant shall immediately surrender the Premises to Landlord. If Tenant fails to so surrender the Premises, then Landlord may, without prejudice to any other remedy it has for possession of the Premises or arrearages in rent or other damages, re-enter and take possession of the Premises without trespass and expel or remove Tenant and any other person occupying the Premises or any part thereof, in accordance with applicable law; or
(b) Landlord may re-enter and take possession of the Premises without terminating the Lease in accordance with applicable law, and relet the Premises and apply the Rent received to the account of Tenant. In the event Landlord so re-enters and takes possession of the Premises as set forth above, Landlord agrees to use reasonable efforts to relet the Premises for a commercially reasonable rate at the time of such reletting. No reletting by Landlord is considered to be for Landlord's own account unless Landlord has notified Tenant in writing that this Lease has been terminated. In addition, no such reletting is to be considered an acceptance of Tenant's surrender of the Premises unless Landlord so notifies Tenant in writing. Notwithstanding anything to the contrary set forth herein, in no event shall Landlord have the right to accelerate Rent (unless Tenant shall be more than ninety (90) days delinquent in the payment of Rent or such other amounts payable, after expiration of notice and all cure periods hereunder). In no event shall Landlord have the right to xxx Tenant for any consequential, punitive or incidental damages (including, without limitation, any claims for lost profits and/or lost business opportunity). If Landlord does accelerate the Rent, then the accelerated rent shall be an amount equal to the Rent payable over the balance of the Lease Term (as if this Lease had not been terminated) less the fair rental value of the Premises for the corresponding period. The accelerated rent shall be discounted to the date payable at an annual interest rate equal to the prime rate as published from time to time in the Money Section of the Wall Street Journal, or if same is not published anymore then at the prime rate published by Citibank in Florida. Upon payment of the accelerated rent discounted to present value, Tenant shall be re...
Landlord’s Remedies Upon Default. Upon the occurrence of any such default by Tenant, Landlord shall have, in addition to any other remedies available to Landlord at law or in equity, the option to pursue any one or more of the following remedies, each and all of which shall be cumulative and nonexclusive, without any notice or demand whatsoever.
19.2.1 Terminate this Lease, in which event Tenant shall immediately surrender the Premises to Landlord, and if Tenant fails to do so, Landlord may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Premises and expel or remove Tenant and any other person who may be occupying the Premises or any part thereof, without being liable for prosecution or any claim for damages therefor; and Landlord may recover from Tenant the following:
(i) the worth at the time of award of any unpaid rent which has been earned at the time of such termination; plus
(ii) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(iii) the worth at the time of award of the amount by which the unpaid rent for the balance of the Lease Term after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, specifically including but not limited to, brokerage commissions and advertising expenses incurred, expenses of remodeling the Premises or any portion thereof for a new tenant, whether for the same or a different use, and any special concessions made to obtain a new tenant; plus
(v) at Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable law.
Landlord’s Remedies Upon Default. Upon the Tenant’s material default under this Article 22 and in addition to the rights and remedies set forth elsewhere in this Lease, the Landlord shall be entitled to the following rights and remedies:
(a) at the Landlord’s option, to terminate this Lease, and/or
(b) to recover any and all damages associated with the material default, including without limitation, in addition to any rights reserved or available to the Landlord in respect of an early termination of this Lease, cleanup costs and charges, civil and criminal penalties and fees, loss of business and sales by the Landlord and other tenants of the Lands or the Building, any and all damages and claims asserted by third parties and the Landlord’s solicitors’ fees and costs.
Landlord’s Remedies Upon Default. Upon the occurrence of any Default by Tenant, Landlord, at its option, may have one or more of the following remedies, in addition to all of the rights and remedies provided at law or in equity.
Landlord’s Remedies Upon Default. Upon the occurrence of any such default by Tenant pursuant to Section 19.1 above which remains uncured after expiration of the applicable notice and cure period set forth in Section 19.1 above, Landlord shall have, in addition to any other remedies available to Landlord at law or in equity, the option to pursue any one or more of the following remedies each and all of which shall be cumulative and nonexclusive, without, except as otherwise expressly provided below, any additional notice or demand whatsoever.
Landlord’s Remedies Upon Default. If Tenant breaches or commits any default of any provision of this Lease, Landlord may terminate this Lease and occupy the Premises and recover from Tenant as damages
(i) all amounts owed by Tenant under this Lease to the date of termination, (ii) all costs of recovering possession of the Premises, (ii) all costs for advertising or commissions, (iii) all costs to repair any damages to the Premises, and (iv) reasonable attorney fees and expert witness fees. In the alternative, Landlord may terminate Tenant’s right to possession and recover from Tenant as damages all amounts owed by Tenant under this Lease, plus an amount equal to (i) the full amount owed by Tenant under this Lease for the remaining term of this Lease, (ii) all costs of recovering possession of the Premises, (iii) all costs for advertising or commission to secure a new tenant, (iv) all costs to repair any damages to the Premises and to prepare the Premises for occupancy by a new tenant, and (v) reasonable attorneys' fees and expert witness fees, less the amount Landlord receives from any re-leasing of the Premises. The remedies of Landlord shall be cumulative and no one of them shall be construed as exclusive of the other or of any other remedy provided by law. The rights and remedies of Landlord provided hereunder shall survive the termination of this Lease.
Landlord’s Remedies Upon Default. Upon the occurrence of any such default by Tenant, Landlord shall have, in addition to any other remedies available to Landlord at law or in equity, the option to pursue any one or more of the following remedies, each and all of which shall be cumulative and nonexclusive, without any notice or demand whatsoever.
19.2.1 Terminate this Lease, in which event Tenant shall immediately surrender the Premises to Landlord, and if Tenant fails to do so, Landlord may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Premises and expel or remove Tenant and any other person who may be occupying the Premises or any part thereof, without being liable for prosecution or any claim or damages therefor; and Landlord may recover from Tenant the following:
Landlord’s Remedies Upon Default. If Tenant breaches or commits any default of any provision of this Lease, Landlord may terminate this Lease and occupy or sell the Premises and recover from Tenant as damages (i) all amounts owed by Tenant under this Lease, to the date of termination; (ii) all costs of recovering possession of the Premises; (iii) all costs for advertising or commissions; (iv) all costs to repair any damages to the Premises; and (v) reasonable attorneys’ fees and expert witness fees. In the alternative, Landlord may terminate Tenant’s right to possession without releasing Tenant from its payment obligations under this Lease and recover from Tenant, as damages, all amounts owed by Tenant under this Lease, plus an amount equal to (i) the full amount owed by Tenant under this Lease for the remaining term of this Lease; (ii) all costs of recovering possession of the Premises; (iii) all costs for advertising or commission to secure a new tenant;
Landlord’s Remedies Upon Default. If any such event referred to in clauses 17(a)(i) through (a)(iii) above (any such event being an "Event of Default"), Landlord shall have the remedies with respect to the Premises as set forth below: Upon the occurrence of an Event of Default by Tenant, then Landlord shall be entitled to the following remedies and any other remedies granted by law, or by equity, all or any of which shall be available to Landlord upon default except as otherwise provided:
(i) Landlord may terminate this Lease by giving written notice of termination to Tenant, in which event Tenant shall immediately surrender the Premises to Landlord. If Tenant fails to so surrender the Premises, then Landlord may, without prejudice to any other remedy it has for possession of the Premises or arrearages in rent or other damages, re-enter and
Landlord’s Remedies Upon Default. This agreement is controlled by the provision of The Self-Service Facilities Act and the Xxxx Xxxxxx Self Storage Laws of Tennessee. Upon default LANDLORD may accelerate all rent payments due for the full term
(a) The LANDLORD shall be authorized to remove any lock on the rented self-service storage space in order to compile a brief and general description of the movable property upon which a lien is claimed and shall be entitled to place his own lock upon such space until his lien is satisfied.
(b) The LESSEE shall be notified of the LANDLORD’S intention to enforce his lien.
(c) The notice shall be delivered in person to LESSEE or sent by certified mail to the last known address of the LESSEE.
(d) The notice shall include:
(1) A copy of this rental agreement between the LANDLORD and defaulting LESSEE.
(2) An itemized statement of the LANDLORD’S claim, showing the sum due at the time of the notice and the date when the sum became due.
(3) A brief and general description of the movable property found in the leased storage place upon which a lien is claimed. The description shall be reasonably adequate to permit the LESSEE notified to identify it, except that any container, including, but not limited to, a trunk, valise, or box that is locked, fastened, sealed, or tied in any manner which xxxxxx immediate access to its contents may be described as such without describing its contents.
(4) Notification that the LESSEE has been or shall be denied access to the moveable property, with the name, street address, and telephone number of the LANDLORD or his designated agent whom the LESSEE may contact to respond to this notice.
(5) A demand for payment within thirty days after the date of mailing or delivery of the notice.
(6) A statement that the contents of the LESSEE’S rented space are subject to the LANDLORD’S lien and that, unless the claim is paid within the time stated in the notice, the movable property is to be advertised for sale or other disposition and to be sold or otherwise disposed of to satisfy the LANDLORD’S lien for rent due and other charges at a specified time and place.
(e) Actual receipt of this notice made pursuant to this agreement shall not be required. Within ten days after receipt of the notice, or within ten days after its mailing, whichever is earlier, an advertisement of the sale or other disposition of movable property subject to the lien shall; be published on at least two occasions in a newspaper of general circulation where the sel...
