Common use of Landlord's Right to Relet Clause in Contracts

Landlord's Right to Relet. Should this Lease be terminated before the expiration of the term of this Lease by reason of Tenant's default as provided in Section 11 or 12, or if Tenant shall abandon or vacate the premises before the expiration or termination of the term of this Lease, the Demised Premises may be relet by Landlord for such rent and upon such terms as are reasonable under the circumstances. If the full rent reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorney's fees, other collection costs, brokerage fees, and expenses of placing the premises in first-class rentable condition. Landlord, in putting the premises in good order or preparing the same for rerental may, at Landlord's option, make such alterations, repairs, or replacements in the premises, and the making of such alterations, repairs, or replacements in the premises as Landlord, in Landlord's sole judgment, considers advisable and necessary for the purpose of reletting the premises, and the making of such alternations, repairs, or replacements shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to relet the premises, or in the event that the premises are relet, for failure to collect the rent thereof under such reletting. In no event shall Tenant be entitled to receive any excess, if any, of such net rent collected over the sums payable by Tenant to Landlord hereunder.

Appears in 3 contracts

Samples: Lease and Lease Extension Agreement (Otg Software Inc), Template Software Inc, Techteam Global Inc

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Landlord's Right to Relet. Should this Lease be terminated before the expiration of the term of this Lease Term, by reason of Tenant's default as provided in Section Sections 11 or 12, or if Tenant shall abandon or vacate the premises Demised Premises before the expiration or termination of the term of Lease Term and without paying the rent due as the same may become due and payable (whether or not Landlord elects to terminate this Lease), the Demised Premises may be relet by Landlord, on Tenant's behalf or for the account of Landlord, as Landlord so chooses, for such rent and upon such terms as are reasonable under the circumstances. If the full rent reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rentBase Annual Rent, Additional Rent, unamortized Landlord Concessions (hereinafter defined), reasonable attorney's attorneys' fees, other collection costs, brokerage fees, expenses incurred by Landlord to remove Tenant's Property and (at Landlord's option) Leasehold Improvements, and expenses of placing the premises Demised Premises in first-class rentable condition. Landlord, in putting the premises Demised Premises in good order or preparing the same for rerental reletting may, at Landlord's option, make such alterations, repairs, repairs or replacements in or relating to the premises, and the making of such alterations, repairs, or replacements in the premises Demised Premises as Landlord, in Landlord's sole judgment, considers advisable and necessary for the purpose of reletting the premisesDemised Premises, and the making of such alternationsalterations, repairs, repairs or replacements shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to relet the premisesDemised Premises, or in the event that the premises Demised Premises are relet, for failure to collect the rent thereof under such reletting. However, Landlord shall endeavor to mitigate its damages. For the purpose of calculating Landlord's damages as set forth in Section 12.4 below, if the Building has other available space at the time of such Lease termination or Tenant's abandonment or vacating of the Demised Premises, or anytime thereafter, the Demised Premises shall be deemed the last space rented in the Building even though the Demised Premises may be re-rented by Landlord prior to such other vacant space. In no event shall Tenant be entitled to receive any excess, if any, of such net rent (if any) collected over the sums payable by Tenant to Landlord hereunder.

Appears in 1 contract

Samples: Quadramed Corp

Landlord's Right to Relet. Should this Lease be terminated before the expiration of the term of this Lease by reason of Tenant's default as provided in Section 11 or 12, or if Tenant shall abandon or vacate the premises before the expiration or termination of the term of this Lease, the Demised Premises may be relet by Landlord for such rent and upon such terms as are reasonable under the circumstances. If the full rent reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorney's fees, other collection costs, brokerage fees, and expenses of placing the premises in first-class rentable condition. Landlord, in putting the premises in good order or preparing the same for rerental may, at Landlord's option, make such alterations, repairs, or replacements in the premises, and the making of such alterations, repairs, or replacements in the premises as Landlord, in Landlord's sole judgment, considers advisable and necessary for the purpose of reletting the premises, and the making of such alternations, repairs, or replacements shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to relet the premises, or in the event that the premises are relet, for failure to collect the rent thereof under such reletting. In no event shall Tenant be entitled to receive any excess, excess ,if any, of such net rent collected over the sums payable by Tenant to Landlord hereunder.

Appears in 1 contract

Samples: Template Software Inc

Landlord's Right to Relet. Should Except as set forth in Section 10.4 above, Tenant abandons the Premises or if Landlord elects to terminate Tenant's right to possession only without terminating this Lease be terminated before as above provided, Landlord may remove from the expiration of the term of this Lease by reason of Premises any and all property found therein and such repossession shall not release Tenant from Tenant's default as provided in Section 11 or 12, or if Tenant shall abandon or vacate obligation to pay the premises before the expiration or rental herein. After any such repossession by Landlord without termination of the term of this Lease, Landlord may relet the Demised Premises may be relet by Landlord or any part thereof to any person, firm or corporation and for such rent time and upon such terms as are reasonable under the circumstances. If the full rent reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorney's fees, other collection costs, brokerage fees, and expenses of placing the premises in first-class rentable condition. Landlord, in putting the premises in good order or preparing the same for rerental may, at Landlord's option, make such alterations, repairs, or replacements in the premises, and the making of such alterations, repairs, or replacements in the premises as Landlord, Landlord in Landlord's sole judgment, considers advisable and necessary for the purpose of reletting the premises, and the making of such alternations, repairs, or replacements shall not operate or be construed to release Tenant from liability hereunder as aforesaiddiscretion may determine. Landlord shall in no event only be liable in any way whatsoever required to use the same efforts Landlord then uses to lease other properties Landlord owns or manages (or, the Premises is then managed for failure Landlord, then Landlord will instruct such manager to relet use the premises, same efforts such manager then uses to lease other space or in the event that the premises are relet, for failure to collect the rent thereof under such relettingproperties which owns or manages). In no event addition, Landlord shall not be required to observe any instruction given by Tenant be entitled with respect to receive such reletting or accept any excesstenant offered by Tenant unless such offered tenant has a creditworthiness reasonably acceptable to Landlord, if anyleases the entire Premises, and leases the Premises for at least the same rent, and for at least the same term, and on the same other terms and conditions as this Lease. Landlord may make repairs, alterations and additions in and to the Premises and redecorate the same to the extent deemed by Landlord necessary or desirable and Tenant, upon demand writing, shall pay the reasonable cost thereof (excluding tenant improvements for the replacement tenant) together with Landlord's reasonable expenses of reletting, including any commissions and attorneys' fees relative thereto. If the rents collected by Landlord upon any such reletting are not sufficient to pay monthly the full amount of the monthly rent and other charges reserved herein, together with the reasonable costs of such net rent collected over the sums payable by repairs, alterations (excluding tenant improvements for any replacement tenant), additions, redecorating, and expenses, Tenant shall pay to Landlord hereunderthe amount of each monthly deficiency upon demand in writing.

Appears in 1 contract

Samples: Lease

Landlord's Right to Relet. Should this Lease be terminated before the expiration of the term of this Lease by reason of Tenant's default as provided in Section Sections 11 or 12, or if Tenant shall abandon or vacate the premises before the expiration or termination of the term of this Lease, the Demised Premises demised premises may be relet by Landlord for such rent and upon such terms as are reasonable under the circumstances. If the full rent reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorney's attorneys' fees, other collection costs, brokerage fees, and expenses of placing the premises in first-class rentable condition. Landlord, in putting the premises in good order or preparing the same for rerental may, at Landlord's option, make such alterations, repairs, or replacements in the premises, and the making of such alterations, repairs, or replacements in the premises as Landlord, in LandlordXxxxxxxx's sole judgment, considers advisable and necessary for the purpose of reletting the premises, and the making of such alternationsalterations, repairs, or replacements shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to relet the premises, or in the event that the premises are relet, for failure to collect the rent thereof under such reletting. In no event shall Tenant be entitled to receive any excess, if any, of such net rent collected over the sums payable by Tenant Xxxxxx to Landlord hereunder.

Appears in 1 contract

Samples: Lease Extension Agreement (Sherwood Brands Inc)

Landlord's Right to Relet. Should this Lease be terminated before the expiration of the term of this Lease Term, by reason of Tenant's ’s default as provided in Section Sections 11 or 12, or if Tenant shall abandon or vacate the premises Demised Premises before the expiration or termination of the term of Lease Term and without paying the rent due as the same may become due and payable (whether or not Landlord elects to terminate this Lease), the Demised Premises may be relet by Landlord, on Tenant’s behalf or for the account of Landlord, as Landlord so chooses, for such rent and upon such terms as are reasonable under the circumstances. If the full rent reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rentBase Annual Rent, Additional Rent, unamortized Landlord Concessions (hereinafter defined), reasonable attorney's attorneys’ fees, other collection costs, brokerage fees, expenses incurred by Landlord to remove Tenant’s Property and (at Landlord’s option) Leasehold Improvements, and expenses of placing the premises Demised Premises in first-class rentable condition. Landlord, in putting the premises Demised Premises in good order or preparing the same for rerental reletting may, at Landlord's ’s option, make such alterations, repairs, repairs or replacements in or relating to the premises, and the making of such alterations, repairs, or replacements in the premises Demised Premises as Landlord, in Landlord's ’s sole judgment, considers advisable and necessary for the purpose of reletting the premisesDemised Premises, and the making of such alternationsalterations, repairs, repairs or replacements shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be charged with any obligation to mitigate its damages nor shall Landlord be liable in any way whatsoever for failure to relet the premisesDemised Premises, or in the event that the premises Demised Premises are relet, for failure to collect the rent thereof under such reletting. For the purpose of calculating Landlord’s damages as set forth in Section 12.4 below, if the Building has other available space at the time of such Lease termination or Tenant’s abandonment or vacating of the Demised Premises, or anytime thereafter, the Demised Premises shall be deemed the last space rented in the Building even though the Demised Premises may be re-rented by Landlord prior to such other vacant space. In no event shall Tenant be entitled to receive any excess, if any, of such net rent (if any) collected over the sums payable by Tenant to Landlord hereunder. Notwithstanding the foregoing, upon termination of this Lease pursuant to Sections 12.2 or 12.3, Landlord shall make an effort to re-let the Demised Premises at prevailing market rates, provided, however, that it shall not be obligated: (i) to do so in preference to other vacant space within the Building; (ii) to re-let the Demised Premises for any use other than as office use or to any person or entity which does not have net worth reasonably acceptable to Landlord or which would (in Landlord’s judgment) adversely affect the tenant mix in the Building; or (iii) to market the Demised Premises in a manner different than it markets other available space in the Building.

Appears in 1 contract

Samples: Office Building Lease (Micromet, Inc.)

Landlord's Right to Relet. Should If Tenant abandons the Premises and/or if Landlord elects to terminate Tenant's right to possession only without terminating this Lease be terminated before as above provided, Landlord may remove from the expiration of the term of this Lease by reason of Premises any and all property found therein and such repossession shall not release Tenant from Tenant's default as provided in Section 11 or 12, or if Tenant shall abandon or vacate obligation to pay the premises before the expiration or rental herein. After any such repossession by Landlord without termination of the term of this Lease, Landlord may relet the Demised Premises may be relet by Landlord or any part thereof to any person, firm or corporation and for such rent time and upon such terms as are reasonable under the circumstances. If the full rent reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorney's fees, other collection costs, brokerage fees, and expenses of placing the premises in first-class rentable condition. Landlord, in putting the premises in good order or preparing the same for rerental may, at Landlord's option, make such alterations, repairs, or replacements in the premises, and the making of such alterations, repairs, or replacements in the premises as Landlord, Landlord in Landlord's sole judgmentdiscretion may determine. Landlord may make repairs, considers advisable alterations and additions in and to the Premises and redecorate the same to the extent deemed by Landlord necessary or desirable and Tenant, upon demand in writing, shall pay the reasonable cost thereof, (excluding tenant improvements for the purpose replacement tenant) together with Landlord's reasonable expenses of reletting, including any commissions and attorneys' fees relative thereto. If the rents collected by Landlord upon any such reletting are not sufficient to pay monthly the premisesfull amount of the monthly rent and other charges reserved herein, together with the reasonable costs of such repairs, alterations (excluding tenant improvements for any replacement tenant), additions, redecorating, and the making of such alternationsexpenses, repairs, or replacements Tenant shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to relet the premises, or in the event that the premises are relet, for failure to collect the rent thereof under such reletting. In no event shall Tenant be entitled to receive any excess, if any, of such net rent collected over the sums payable by Tenant pay to Landlord hereunderthe amount of each monthly deficiency upon demand in writing.

Appears in 1 contract

Samples: Lease (Regeneration Technologies Inc)

Landlord's Right to Relet. Should this Lease be terminated before the expiration of the term of this Lease Term, by reason of Tenant's default as provided in Section Sections 11 or 12, or if Tenant shall abandon or vacate the premises Demised Premises before the expiration or termination of the term of Lease Term and without paying the rent due as the same may become due and payable (whether or not Landlord elects to terminate this Lease), the Demised Premises may be relet by Landlord, on Tenant's behalf or for the account of Landlord, as Landlord so chooses, for such rent and upon such terms as are reasonable under the circumstances. If the full rent reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rentBase Annual Rent, Additional Rent, unamortized Landlord Concessions (hereinafter defined), reasonable attorney's attorneys' fees, other collection costs, brokerage fees, expenses incurred by Landlord to remove Tenant's Property and (at Landlord's option) Leasehold Improvements, and expenses of placing the premises Demised Premises in first-class rentable condition. Landlord, in putting the premises Demised Premises in good order or preparing the same for rerental reletting may, at Landlord's option, make such alterations, repairs, repairs or replacements in or relating to the premises, and the making of such alterations, repairs, or replacements in the premises Demised Premises as Landlord, in Landlord's sole judgment, considers advisable and necessary for the purpose of reletting the premisesDemised Premises, and the making of such alternationsalterations, repairs, repairs or replacements shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be charged with any obligation to mitigate its damages nor shall Landlord be liable in any way whatsoever for failure to relet the premisesDemised Premises, or in the event that the premises Demised Premises are relet, for failure to collect the rent thereof under such reletting. In no event shall Tenant be entitled to receive any excess, if any, of such net rent (if any) collected over the sums payable by Tenant to Landlord hereunder.

Appears in 1 contract

Samples: Work Agreement (Techteam Global Inc)

Landlord's Right to Relet. Should this Lease be terminated before the expiration of the term of this Lease Term, by reason of Tenant's default as provided in Section 11 or 1213, or if Tenant shall abandon or vacate the premises Leased Premises before the expiration or termination of the term of Lease Term and without paying the rent due as the same may become due and payable (whether or not Landlord elects to terminate this Lease), the Demised Leased Premises may be relet by Landlord, on Tenant's behalf or for the account of Landlord, as Landlord so chooses, for such rent and upon such terms as are reasonable under the circumstances. If the full rent reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, Tenant shall be liable obligated for all monetary damages sustained by Landlord, including, without limitation, deficiency in rentBase Annual Rent, Additional Rent, unamortized Landlord Concessions (hereinafter defined), reasonable attorney's attorneys' fees, other collection costs, brokerage fees, expenses incurred by Landlord to remove Tenant's Property and (at Landlord's option) Leasehold Improvements, and expenses of placing the premises Leased Premises in first-class rentable condition. Landlord, in putting the premises Leased Premises in good order or preparing the same for rerental reletting may, at Landlord's option, make such alterations, repairs, repairs or replacements in or relating to the premises, and the making of such alterations, repairs, or replacements in the premises Leased Premises as Landlord, in Landlord's sole judgment, considers advisable and necessary for the purpose of reletting the premisesLeased Premises, and the making of such alternationsalterations, repairs, repairs or replacements shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event use reasonable efforts to mitigate its damages, but Landlord shall not be liable in any way whatsoever for failure to relet the premisesLeased Premises, or in the event that the premises Leased Premises are relet, for failure to collect the rent thereof under such reletting. In no event shall Tenant be entitled to receive any excess, if any, of such net rent (if any) collected over the sums payable by Tenant to Landlord hereunder.

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement

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Landlord's Right to Relet. Should this Lease be terminated before the expiration of the term of this Lease Term, by reason of Tenant's ’s default as provided in Section Sections 11 or 12, or if Tenant shall abandon or vacate the premises Demised Premises, before the expiration or termination of the term of Lease Term and without paying the rent due as the same may become due and payable (whether or not Landlord elects to terminate this Lease), the Demised Premises may be relet by Landlord, on Tenant’s behalf or for the account of Landlord, as Landlord so chooses, for such rent and upon such terms as are reasonable under the circumstances. If the full rent reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rentBase Annual Rent, Additional Rent, reasonable attorney's attorneys’ fees, other collection costs, brokerage fees, expenses incurred by Landlord to remove Tenant’s Property but not Leasehold Improvements, and expenses of placing repairing any damage to the premises Demised Premises but in first-class rentable conditionno event any costs of any improvements or alterations to the Premises including, but not limited to, preparing the Demised Premises for a replacement tenant. Landlord, in putting the premises Demised Premises in good order or preparing the same for rerental reletting may, at Landlord's ’s option, make such alterations, repairs, repairs or replacements in or relating to the premises, and the making of such alterations, repairs, or replacements in the premises Demised Premises as Landlord, in Landlord's ’s sole judgment, considers advisable and necessary for the purpose of reletting the premisesDemised Premises, and the making of such alternationsalterations, repairs, repairs or replacements shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event use reasonable efforts to mitigate its damages, but Landlord shall not be liable in any way whatsoever for failure to relet the premisesDemised Premises, or in the event that the premises Demised Premise’s are relet, for failure to collect the rent thereof under such reletting. For the purpose of calculating Landlord’s damages as set forth in Section 12.4 below, if the Building has other available space at the time of such Lease termination or Tenant’s abandonment or vacating of the Demised Premises, or anytime thereafter, the Demised Premises shall be deemed the last space rented in the Building even though the Demised Premises may be re-rented by Landlord prior to such other vacant space. In no event shall Tenant be entitled to receive any excess, if any, of such net rent (if any) collected over the sums payable by Tenant to Landlord hereunder.

Appears in 1 contract

Samples: Office Building Lease (TRX Inc/Ga)

Landlord's Right to Relet. Should this Lease be terminated before the expiration of the term of this Lease Term, by reason of Tenant's default as provided in Section Sections 11 or 12, or if Tenant shall abandon or vacate the premises Demised Premises before the expiration or termination of the term of Lease Term and without paying the rent due as the same may become due and payable (whether or not Landlord elects to terminate this Lease), the Demised Premises may be relet by Landlord, on Tenant's behalf or for the account of Landlord, as Landlord so chooses, for such rent and upon such terms as are reasonable under the circumstances. If the full rent reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rentBase Annual Rent, Additional Rent, unamortized Landlord Concessions (hereinafter defined), reasonable attorney's attorneys' fees, other collection costs, brokerage fees, expenses incurred by Landlord to remove Tenant's Property and (at Landlord's option) Leasehold Improvements, and expenses of placing the premises Demised Premises in first-class rentable condition. Landlord, in putting the premises Demised Premises in good order or preparing the same for rerental reletting may, at Landlord's option, make such alterations, repairs, repairs or replacements in or relating to the premises, and the making of such alterations, repairs, or replacements in the premises Demised Premises as Landlord, in Landlord's sole judgment, considers advisable and necessary for the purpose of reletting the premisesDemised Premises, and the making of such alternationsalterations, repairs, repairs or replacements shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be charged with any obligation to mitigate its damages nor shall Landlord be liable in any way whatsoever for failure to relet the premisesDemised Premises, or in the event that the premises Demised Premises are relet, for failure to collect the rent thereof under such reletting. For the purpose of calculating Landlord's damages as set forth in Section 12.4 below, if the Building has other available space at the time of such Lease termination or Tenant's abandonment or vacating of the Demised Premises, or anytime thereafter, the Demised Premises shall be deemed the last space rented in the Building even though the Demised Premises may be re-rented by Landlord prior to such other vacant space. In no event shall Tenant be entitled to receive any excess, if any, of such net rent (if any) collected over the sums payable by Tenant to Landlord hereunder.

Appears in 1 contract

Samples: Lease and Lease Extension Agreement (Otg Software Inc)

Landlord's Right to Relet. Should this Lease be terminated before the expiration of the term of this Lease Term, by reason of Tenant's ’s default as provided in Section Sections 11 or 12, 12 or if Tenant shall abandon or vacate the premises Demised Premises before the expiration or termination of the term of Lease Term and without paying the rent due as the same may become due and payable (whether or not Landlord elects to terminate this Lease), the Demised Premises may be relet by Landlord, on Tenant’s behalf or for the account of Landlord, as Landlord so chooses, for such rent and upon such terms as are reasonable under the circumstances. If the full rent reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, . Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rentBase Annual Rent, Additional Rent, unamortized Landlord Concessions (hereinafter defined), reasonable attorney's attorneys’ fees, other collection costs, brokerage fees, expenses incurred by Landlord to remove Tenant’s Property and (at Landlord’s option). Leasehold Improvements, and expenses of placing the premises Demised Premises in first-class rentable condition. Landlord, in putting the premises Demised Premises in good order or preparing the same for rerental reletting may, at Landlord's ’s option, make such alterations, repairs, repairs or replacements in or relating to the premises, and the making of such alterations, repairs, or replacements in the premises Demised Premises as Landlord, in Landlord's ’s sole judgment, considers advisable and necessary for the purpose of reletting the premisesDemised Premises, and the making of such alternationsalterations, repairs, repairs or replacements shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be charged with any obligation to mitigate its damages nor shall Landlord be liable in any way whatsoever for failure to relet the premisesDemised Premises, or in the event that the premises Demised Premises are relet, for failure to collect the rent thereof under such reletting. For the purpose of calculating Landlord’s damages as set forth in Section 12.4 below, if the Building has other available space at the time of such Lease termination or Tenant’s abandonment or vacating of the Demised Premises, or anytime thereafter, the Demised Premises shall be deemed the last space rented in the Building even though the Demised Premises may be re-rented by Landlord prior to such other vacant space. In no event shall Tenant be entitled to receive any excess, if any, of such net rent (if any) collected over the sums payable by Tenant to Landlord hereunder.

Appears in 1 contract

Samples: Office Building Lease (Spherix Inc)

Landlord's Right to Relet. Should If Landlord elects to terminate Tenant's right to possession only without terminating this Lease be terminated before as above provided, Landlord shall use reasonable efforts to relet the expiration Premises or any part thereof to any person, firm or corporation and for such time and upon such reasonable terms as Landlord may determine. Landlord may make repairs, alterations and additions in and to the Premises and redecorate the same to the extent deemed by Landlord necessary or desirable and Tenant upon demand in writing, shall pay the reasonable cost of taking the Premises back to "shell" or "white envelope", but excluding tenant improvements for the replacement tenant, together with Landlord's reasonable expenses of reletting, including any commissions and attorneys' fees relative thereto. If the rents collected by Landlord upon any such reletting are not sufficient to pay monthly the full amount of the monthly rent and other charges reserved herein, together with, if such rents on reletting are at least at then prevailing reasonable market rents, the reasonable costs of tenant improvements for any replacement tenant amortized over the term of this Lease by reason of Tenant's default as provided in Section 11 or 12, or if Tenant shall abandon or vacate the premises before the expiration or termination of the term of this Lease, the Demised Premises may be relet by Landlord for such rent and upon such terms as are reasonable under the circumstances. If the full rent reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlordnew lease, Tenant shall pay to Landlord the amount of each monthly deficiency upon demand in writing on the dates Minimum Rent would otherwise be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorney's fees, other collection costs, brokerage fees, and expenses of placing the premises in first-class rentable condition. Landlord, in putting the premises in good order or preparing the same for rerental may, at Landlord's option, make such alterations, repairs, or replacements in the premises, and the making of such alterations, repairs, or replacements in the premises as Landlord, in Landlord's sole judgment, considers advisable and necessary for the purpose of reletting the premises, and the making of such alternations, repairs, or replacements shall not operate or be construed to release Tenant from liability hereunder as aforesaiddue. Landlord shall notify Tenant of the amount of any monthly deficiency due pursuant to the foregoing provisions and Tenant shall pay such amount on the first day of each month thereafter until Landlord notifies Tenant of any change in no event be liable in any way whatsoever for failure to relet such amount or until the premisesend of the term, or in the event that the premises are relet, for failure to collect the rent thereof under such reletting. In no event shall Tenant be entitled to receive any excess, if any, of such net rent collected over the sums payable by Tenant to Landlord hereunderwhichever occurs first.

Appears in 1 contract

Samples: Lease (Ultimate Electronics Inc)

Landlord's Right to Relet. Should this Lease be terminated before the -------------------------- expiration of the term of this Lease Term, by reason of Tenant's default as provided in Section Sections 11 or 12, or if Tenant shall abandon or vacate the premises Demised Premises before the expiration or termination of the term of Lease Term and without paying the rent due as the same may become due and payable (whether or not Landlord elects to terminate this Lease), the Demised Premises may be relet by Landlord, on Tenant's behalf or for the account of Landlord, as Landlord so chooses, for such rent and upon such terms as are reasonable under the circumstances. If the full rent reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rentBase Annual Rent, Additional Rent, reasonable attorney's attorneys' fees, other collection costs, brokerage feesfees attributable to the unexpired portion of the Term hereof, expenses incurred by Landlord to remove Tenant's Property and (at Landlord's option) Leasehold Improvements, and expenses of placing the premises Demised Premises in first-class rentable condition. Landlord, in putting the premises Demised Premises in good order or preparing the same for rerental reletting may, at Landlord's option, make such alterations, repairs, repairs or replacements in or relating to the premises, and the making of such alterations, repairs, or replacements in the premises Demised Premises as Landlord, in Landlord's sole judgment, considers advisable and necessary for the purpose of reletting the premisesDemised Premises, and the making of such alternationsalterations, repairs, repairs or replacements shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event use commercially reasonable efforts to mitigate its damages nor shall Landlord be liable in any way whatsoever for failure to relet the premisesDemised Premises, or in the event that the premises Demised Premises are relet, for failure to collect the rent thereof under such reletting. For the purpose of calculating Landlord's damages as set forth in Section 12.4 below, if the Building has other available space at the time of such Lease termination or Tenant's abandonment or vacating of the Demised Premises, or anytime thereafter, the Demised Premises shall be deemed the last space rented int he Building even though the Demised Premises may be re-rented by Landlord prior to such other vacant space. In no event shall Tenant be entitled to receive any excess, if any, of such net rent (if any) collected over the sums payable by Tenant to Landlord hereunder.

Appears in 1 contract

Samples: Cais Internet Inc

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